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November 25, 2002
Finance & Operations Committee Meeting Agenda Monday, November 25, 2002 at 1:30 P.M. Chair: Councillor McLean ADOPTION OF MINUTES Meeting of October 28, 2002 (11) 1. DELEGATIONS Ted Galinis, General Manager, Ajax-Pickering Transit Authority, will present the Third Quarter Report of APTA. 1. MATTERS FOR CONSIDERATION CLERKS REPORT OES 39-02 FILL AND TOPSOIL DISTURBANCE BY-LAW PAGE 1-19 OPERATIONS & EMERGENCY SERVICES REPORT OES 49-02 FIRE SERVICES PROTOCOL FOR HAZARDOUS MATERIAL AND BIO-HAZARD RESPONSE TEAM I ENVIRONMENTAL SERVICES 20-40 OPERATIONS & EMERGENCY SERVICES REPORT OES 53-02 ROAD WATCH PROGRAM -ADOPTION & FUNDING REQUIREMENTS 41-66 OPERATIONS & EMERGENCY SERVICES REPORT OES 55-02 MUNICIPAL STRUCTURES IMPROVEMENT PRIORITY PROGRAM 67-72 Finance & Operations Committee Meeting Agenda Monday, November 25, 2002 at 1:30 P.M. Chair: Councillor McLean OPERATIONS & EMERGENCY SERVICES REPORT OES 50-02 TENDER FOR CLEANING SERVICES TENDER NO. T-14-2002 73-81 OPERATIONS & EMERGENCY SERVICES REPORT OES 51-02 PICKERING RECREATION COMPLEX POTTERY STUDIO 82-86 OPERATIONS & EMERGENCY SERVICES REPORT OES 46-02 DON BEER ARENA SNACK BAR CONCESSIONS LEASE RENEWAL - PICKERING HOCKEY ASSOCIATION INCORPORATED 87-98 OPERATIONS & EMERGENCY SERVICES REPORT OES 47-02 WEST SHORE COMMUNITY CENTRE GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC.- LEASE RENEWAL 99-107 OPERATIONS & EMERGENCY SERVICES REPORT OES 42-02 PARKING RESTRICTIONS DURING WINTER MONTHS BY-LAW 108-1t2 10. OPERATIONS & EMERGENCY SERVICES REPORT OES 54-02 STOP SIGN BY-LAW AMENDMENT - SHEPPARD AVENUE AT ROSEBANK ROAD (WEST INTERSECTION) 113-118 Finance & Operations Committee Meeting Agenda Monday, November 25, 2002 at 1:30 P.M. Chair: Councillor McLean 11. OPERATIONS & EMERGENCY SERVICES REPORT OES 48-02 RAILWAY CROSSING GATE INSTALLATIONS CANADIAN PACIFIC BELLEVILLE SUBDIVISION LINE ROSEBANK ROAD & TORONTO/PICKERING TOWNLINE ROAD CROSSINGS 119-124 12. OPERATIONS & EMERGENCY SERVICES REPORT OES 57-02 O. J. MULLER LANDSCAPE CONTRACTOR LTD RENEWAL OF LEASE AGREEMENT 125-139 13. COUNCILLOR BRENNER PRESENTS RECOMMENDATIONS FROM THE INTEGRATED WASTE COLLECTION FORUM HELD ON OCTOBER 24, 2002 140-160 14. OPERATIONS & EMERGENCY SERVICES REPORT OES 56-02 EXTENSION OF "ROLLING TO REDUCE" PROGRAM To be circulated under separate cover (IV) STAFF ITEMS FOR DISCUSSION (V) OTHER BUSINESS FIVE MINUTE RECESS Finance & Operations Committee Meeting Agenda Monday, November 25, 2002 at 1:30 P.M. Chair: Councillor McLean 15. CORPORATE SERVICES REPORT CS 32-02 SECTION 442~443 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES 161-164 16. CORPORATE SERVICES REPORT CS 24-02 INDUSTRIAL AND COMMERCIAL VACANCY PROGRAM 165-174 17. CORPORATE SERVICES REPORT CS 27-02 ESTABLISH A RESERVE FOR CONTINUING STUDIES AND RESERVE 175-177 18. CORPORATE SERVICES REPORT CS 30-02 2003 TEMPORARY BORROWING BY-LAW 178-183 19. CORPORATE SERVICES REPORT CS 29-02 2003 INTERIM SPENDING AUTHORITY 184-187 20. CORPORATE SERVICES REPORT CS 28-02 CASH POSITION REPORT AS AT SEPTEMBER 30, 2002 188-195 21. CORPORATE SERVICES REPORT CS 31-02 TRIDEL/OPTIONS FOR HOMES DEVELOPMENT FINAL PHASE 1200 THE ESPLANADE NORTH (EAST OF MILLENNIUM BUILDING 196-220 Finance & Operations Committee Meeting Agenda Monday, November 25, 2002 at 1:30 P.M. Chair: Councillor McLean (VI) STAFF ITEMS FOR DISCUSSION (VII) OTHER BUSINESS (VIII) ADJOURNMENT RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Clerk's Report CL 39-02 regarding a fill and topsoil disturbance by-law be received; and That the draft by-law attached to Clerk's Report CL 39-02 to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land be forwarded to Council for enactment. REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: CL 39-02 Date: November 13, 2002 From: Neil Carroll, MCIP, RPP Director, Planning & Development Bruce Taylor, AMCT, CMM City Clerk Subject: Fill and Topsoil Disturbance By-law Recommendation: That Clerk's Report CL 39-02 regarding a fill and topsoil disturbance by-law be received. That the draft by-law attached to Clerk's Report CL 39-02to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land be forwarded to Council for enactment. Executive Summary: A comprehensive by-law to regulate or prohibit the dumping or placing of fill and the disturbance of topsoil is being proposed in this Report at the direction of Council. Financial Implications: There is a fee of $500 plus $25 per hectare for a one-year fill or topsoil disturbance permit. This permit can be extended for a further one-year period upon payment of a fee of $300. At this point in time, it is difficult to determine the number of permit applications that will be received and the total amount of revenue that will be generated. Report CL 39-02 Subject: Fill and Topsoil Disturbance By-law Date: November 13, 2002 Page 2 Background: Please be advised that Councilpassedthefollowingresolution ati~ regular meeting of June 24,2002: WHEREAS the amount of fill that is being dumped on the property to the northeast of Balsam Road and Highway #7 is extreme and residents have raised serious concerns with this filling; and WHEREAS at present, special legislation is required to allow a local municipality to pass a by-law that would regulate the dumping of fill; and WHEREAS the new Municipal Act may permit local municipalities to enact by-laws that would allow for the regulation of the dumping of fill; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby directs the City Clerk to investigate the current and proposed legislation with respect to regulating the dumping of fill and report back to Council at the Committee of the Whole Meeting no later than October 15, 2002 on options for regulating the dumping of fill. In a memorandum dated October 10, 2002, I advised Council that staff were finalizing a by-law that would prohibit or regulate the dumping of fill, the removal of topsoil and the alteration of the grade of land. I further indicated that this by-law should be ready for consideration by the Finance & Operations Committee at its meeting of November 25, 2002. A request was also made for staff to investigate methods to regulate development on land before the required permits and zoning changes are in place. Staff did undertake this study and in 2001, prepared a by-law to regulate the removal and/or placement of topsoil. With Council's growing concern about the dumping of fill, staff chose to combine regulations respecting fill and topsoil disturbance into one by-law. Attached to this Report is a draft by-law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land. In preparing this by-law, staff used as a base a model by-law that was prepared by a consultant on behalf of the Toronto and Region Conservation Authority. The current Municipal Act provides for municipalities to pass by-laws to regulate the dumping of fill and the Topsoil Preservation Act allows municipalities to pass by-laws to regulate or prohibit the removal of topsoil in the municipality or a defined part thereof. It was felt that the by-law that is being proposed should be passed under the new Municipal Act because the Topsoil Preservation Act is being merged into the new Municipal Act on January 1, 2003. It was also felt that it is more logical to have all the legislative authority for the proposed by-law to come from one statute. Report CL 39-02 Subject: Fill and Topsoil Disturbance By-law Date: November 13, 2002 Page 3 It is important to note that this by-law will be applied to fill or topsoil disturbance works that are currently being undertaken. The by-law will be administered and enforced by the Director, Planning & Development primarily through the Development Control Section. Since the proposed by-law is being passed under the authority of the new Municipal Act, it will take effect on January 1, 2003. Notice of this by-law being considered at this meeting and possibly being enacted at the Council Meeting of December 2, 2002 was given in the Community Page of the News Advertiser on Wednesday, November 20th and on the City's website from November 20th to December 2nd. The following are the features of the proposed fill and topsoil disturbance by-law: There · are a number of exemptions to the by-law including: works undertaken by the City or Region works that are being undertaken to implement a site plan, subdivision or development agreement ~ works that are being undertaken by permit authorized by another statute such as the Electricity Act, 1998, the Aggregate Resources Act, the Drainage Act or the Conservation Authorities Act ~ the removal of topsoil as an incidental part of a normal agricultural practice = land disturbance associated with landscaping or the installation of swimming pools incidental to a residential use = the removal of topsoil as an incidental part of the construction of underground services or utilities where the topsoil is removed and held for subsequent replacement = the removal of topsoil or placement of fill that does not exceed twenty cubic metres · Subject to the exemptions noted above, all persons or corporations will require a permit to dump fill or disturb the topsoil on their lands. · No fill shall be allowed to be dumped or removed on lands identified as provincially significant by the Ministry of Natural Resources. · No fill that is considered contaminated shall be allowed to be dumped or removed from any land unless authorized by a certificate issued by the Ministry of Environment and Energy. · An application for a fill or topsoil disturbance permit shall include: A site map identifying the boundaries of where the works shall take place. ^ detailed Erosion and Sediment Control Plans and Design Report. The payment of a fee of $500 plus $25 per hectare of site area. ^ Letter of Credit to cover the estimated cost of site control measures including the cost of the Erosions and Sediment Control measures, mud tracing control measures, litter and debris control measures, and dust control measures. Report CL 39-02 Subject: Fill and Topsoil Disturbance By-law Date: November 13, 2002 Page 4 ~ A work schedule. Written confirmation that the fill being placed or removed is not contaminated. · As noted above, an Erosion and Sediment Control Plan must be submitted with the application for a permit. This Plan sets out a large number of site design requirements and a professional engineer must certify the Plan. An Erosion and Sediment Control Design Report must also be submitted with the application and this Report requires plans for such things as mud tracking control, road maintenance and control of the offsite movement of dust, litter and debris.. · No permit will be issued unless regulations made under the Oak Ridges Moraine Conservation Act, 2001 are complied with. · No permit will be issued unless the land use to which the proposed work pertains is permitted by the applicable by-laws passed under the Planning Act. · Permits shall be valid for one year and may be extended one or more times for an additional one-year period. · If the lands that are the subject of an active permit are sold, the new owners shall comply with the existing agreement, provide a new Letter of Credit or apply for and obtain a new permit. · The Director may revoke a permit that was issued based on false or misleading information. · Where there is a contravention of the by-law, an officer may issue an Order to the permit holder requiring that the activity causing the contravention be discontinued and proving a time period in which there must be compliance. · If the permit holder does not carry out the remedial work set out in the Order, the municipality may carry out the remedial work at the permit holder's expense. · The fines for a first conviction are up to $10,000 for an individual and $25,000 for a corporation and for subsequent convictions, the fines are up to $50,000 for an individual and $100,000 for a corporation. Attachments: 1. Draft by-law Prepared By: Neil Carr~P~RPP Director, Pla~'~T~g & Development AMCT, CMM City Clerk ATTACHHENT# .... TO P, EPORT# - THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land. WHEREAS pursuant to Section 142(2) of the Municipal Act, 2001, the Council of a local municipality may, a) prohibit or regulate the placing or dumping of fill; b) prohibit or regulate the removal of topsoil; c) prohibit or regulate the alteration of the grade of the land; d) require that a permit be obtained for the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land; e) impose conditions to a permit, including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site; f) require that fill dumped or placed contrary to a by-law passed or a permit issued under Section 142 of the Act be removed by the person who dumped or placed it or who caused or permitted it to be dumped or placed; g) require the rehabilitation of land from which topsoil has been removed contrary to a by-law passed or a permit issued under Section 142 of the Act; h) require that the grade of the land altered contrary to a by-law passed or a permit issued under Section 142 of the Act be restored to its original condition by the person who altered it or who caused or permi~ed it to be altered; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS For the purpose of this by-law, a) "agricultural" means lands that are cultivated and/or used for raising of livestock; b) 'applicant" means an owner, or an owner's agent who is authorized by the owner to act on behalf of the owner; "body of water" includes any brook, creek, stream, river, lake, pond, waterway, watercourse, canal, or other flowing or standing water; d) "City" means the Corporation of the City of Pickering; e) "contaminated fill" means soil, fill or other material containing any solid, liquid, gas, odour, waste product, radioactivity or any combination thereof which is present in a concentration greater than which naturally occurs and which has the potential to have an adverse effect on human activity; ('*8 f) g) h) i) k) m) n) o) p) q) r) s) t) u) v) "development" means the construction of buildings and above or underground services such as roads, parking lots, paved storage areas, watermains, storm and sanitary sewers, general grading works and similar facilities; ~Director' means the Director, Planning & Development for the the City of Pickering, or designate; "dumping" means the depositing of fill in a location other than where the fill was obtained and includes the movement and depositing of fill from one location on a property to another location on the same property; "dust" includes loose or blowing earth, sand or soil that may be transported from the site; "erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity; "ffil" means any type of material deposited or placed on lands and includes soil, stone, concrete, asphalt, sod or turf either singly or in combination; "grade" is defined as: "existing grade" means the elevation of the existing ground surface of the lands upon which dumping and/or placing of fill is proposed or as it existed prior to the placing or dumping of fill; ii) "finished grade" means the elevation of ground surface of lands upon which fill is proposed to be placed or has been placed in accordance with this by-law; "land disturbance" means any man-made change of the land surface including removing vegetative cover, removing topsoil, excavating, filling and grading; "lifter and debris" includes building materials, garbage, waste, vegetation or any other loose material that may be transported from the site by wind, persons, vehicles or other means; "lot" means a legally described parcel of land; "mud tracking" means the obstruction, encumbering, injuring, or fouling of roads, boulevards and bridges via the throwing, placing or depositing of dirt, refuse or any other debris; "officer" means persons assigned by the Director to enforce the provisions of this by-law; "owner" means the registered owner of the land on which is located or will be located the topsoil removal, fill placement and erosion and sediment control; "permit" means a topsoil removal, fill placement and erosion and sediment control permit; "permit holder" means the owner; "site" means the lands from which it is proposed that topsoil be moved or removed, or subjected to land disturbance and/or land development; "topsoil" means those horizons in a soil profile, commonly known as the "0" and the "A' horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat. EXEMPTIONS L TO REPOP, T # ~...~. ~3 ?- o This by-law does not apply to: a) Activities or matters undertaken by the City, any local board of the City or the Regional Municipality of Durham. b) The placing or dumping of fill, removal of topsoil or alteration of the grade of land which is carried out to implement a site plan agreement, subdivision agreement or development agreement previously entered into with the City, pursuant to the provisions of the Plannin,q Act. The placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Planninq Act or as a requirement of an agreement entered into under that regulation. d) The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that Section. e) The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the A(3~reaate Resources ACt. The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, i) that has not been designated under the A,q.qregate Resources ACt or a predecessor of that Act, and ii) on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Plannin,q Act. g) The placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken as an incidental part of drain construction under the Draina,qe Act or the Tile Draina.qe ACt. h) The removal of topsoil as an incidental part of a normal agricultural practice including sod-farming, greenhouse operations and nurseries for horticultural products, provided the topsoil itself is not for sale, exchange or other disposition. Lands within a fill regulated area as defined by regulations made under the Conservation Authorities Act. J) Land disturbance associated with minor gardening, landscaping or the installation of swimming pools incidental to a residential use. k) The removal of topsoil as an incidental part of the construction of underground services or utilities, where the topsoil is removed and held for subsequent replacement. I) The removal of topsoil or placing of fill where the aggregate quantity of such removal or placement on any one lot does not exceed twenty cubic metres in any three month consecutive period. 09 PROHIBITION No person or corporation shall remove or cause the removal of any topsoil, place or dump fill, or grade or perform any other land disturbance or land filling activity from any lot in the City unless a permit has been issued as set out in this by-law. Notwithstanding the exemptions described in section 2 of this by-law, no person or corporation shall remove or permit the removal of topsoil from any land or place or permit the placement of fill on any land adjacent to or within 30 metres of any body of water without a permit having been issued by the Director. Notwithstanding the exemptions described in section 2 of this by-law, no person or corporation shall: a) place or allow to be placed, or remove or allow to be removed any fill on any wetlands identified as provincially significant by the Ministry of Natural Resources, or b) place or allow to be placed, or remove or allow to be removed any contaminated fill on any land within the City unless the placing or removal of such fill is authorized by a certificate issued by the Ministry of Environment and Energy. PERMIT APPLICATIONS To obtain a permit, the owner of the land or his authorized agent shall file an application with the Director. All applications for permits shall be accompanied by: a) A completed application on the form as established by the Director; b) A site map identifying the location, boundaries and number of hectares in the site, the nearest major intersection and a north arrow; c) Erosion and Sediment Control Plans and Design Report in accordance with Section 8 herein; d) The fee prescribed in Schedule A to this by-law; e) A letter of credit as prescribed in Schedule A to this by-law; f) A written authorization, signed by the owner, stating that officers of the City and/or any person in the company of the officers will be allowed to enter the site for the purpose of inspecting for compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan; g) Work schedule; h) A written confirmation from a qualified person that the material being placed or removed is not contaminated fill, except where the Director waives the requirement to do so; and i) All other information as may be required by the Director. Erosion and Sediment Control Plans shall be certified by a professional engineer licensed to practice in Ontario, or any other qualified person approved by the Director, and shall include: a) Drawings at a scale of 1:500 or 1:1000 which descdbe compliance with the site design requirements in Schedule B to this by-law, and which include: i) adjacent land uses and the location and use of any buildings and other structures adjacent to the site; ii) the location, dimensions and use of the buildings and other structures existing or proposed to be erected on the site; iii) the location and dimensions of driveways and rights-of-way across each lot; iv) the location of lakes, streams, wetlands, channels, ditches, other water courses and other bodies of water on and within 30 metres beyond the site boundary; v) the Regional Storm Flood Line and Conservation Authority Fill Regulation lines; vi) the locatiOn and boundaries of predominant soil types; vii) the location and type of existing vegetative cover, including the species and size in caliper of all trees and the location of all shrubs; viii) the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within 30 metres beyond the site boundary; ix) the location and dimensions of utilities, structures, wells, sewage systems, roads, highways and paving within 30 metres beyond the site boundary; x) the existing site topography at a contour interval not to exceed one- half of one metre and to extend a minimum of 30 metres beyond the lot/site boundary; xi) the proposed final elevations of the site; xii) the location and dimensions of all proposed land disturbance activities; xiii) the location and dimensions of all temporary soil stockpiles; xiv) the location of designated haul routes and construction access points to the site including the location of mud mats or other measures to remove earth and mud from the tires of vehicles leaving the site; xv) the location, dimensions and details all construction site control measures necessary to meet the requirements of this by-law; and xvi) an indication of the direction of overland flow routes. b) An Erosion and Sediment Control Design Report containing: a description of the features in the Erosion and Sediment Control Plan; ii) a description of the measures proposed to prevent erosion and to retain sediment on the site, including, but not limited to, the designs and specifications for swales, dikes, drains, sediment control ponds, mud mats, silt fences, check dams, catch basin protection and slope stabilization measures and a schedule for their maintenance and upkeep; iii) a description of the mud tracking control and road maintenance program iv) a description of the measures proposed to control the offsite movement of dust, litter and debris and related offsite maintenance; v) the name and 24 hour contact telephone number of the person responsible for the maintenance programs described in iii) and iv) above; vi) a description of the vegetative measures to be used, including, but not limited to mulches, types of seeds and fertilizers and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types and a schedule for maintenance and upkeep; vii) a schedule of the starting and completion dates of each land disturbing or related activity, including the installation of construction site control measures needed to meet the requirement of this by-law. COMPLIANCE WITH OTHER REGULATIONS AND STATUTES The provisions of this by-law and the issuance of a permit by the Director shall not affect the obligations of an owner to comply with all other restrictions governing the work imposed under law by any authority having jurisdiction. 10. The Director shall not issue a permit unless; a) Where applicable, all requirements contained in the Oak Ridges Conservation Plan, O.Reg 140/02, and any other regulations made under the Oak Ridges Moraine Conservation Act 2001 are complied with in the proposed work, and b) In the opinion of the Director, the land use to which the proposed work pertains is permitted by the applicable by-laws passed under the Plannin.q Act. 11. 12. PERMIT ISSUANCE The Director shall issue a permit where all the application requirements set out herein are completed, and the proposed .land disturbance, Erosion and Sediment Control Plans and Design Report comply with the requirements of this by-taw. Where the Director refuses to issue a permit, the applicant shall be informed in writing of the reasons for refusal. 13. Permits shall be subject to the conditions described in Schedule C to this By-law. 14. 15. 16. 17. 18. 19. 20. 21. Permits shall be valid for a period of one year, and may be extended one or more times for an additional one year, subject to any additional control measures and inspection fees as determined by the Director and as set out in this by-law. IMPLEMENTATION AND INSPECTIONS All erosion and sediment control measures necessary to meet the requirements of this by-law shall be in place prior to any land disturbance of the site. These measures shall be maintained by the owner dudng the period of land disturbance in a manner satisfactory to the Director to ensure adequate compliance with the requirements of this by-law and to prevent damage occurring as a result of erosion, sedimentation or flooding. If the property for which the permit has been issued is transferred while the permit remains in effect, the new owner shall either: a) Provide the City with a written undertaking agreeing to comply with all the conditions under which the existing permit was issued; and b) Provide a Letter of Credit in accordance with the requirements of Schedule A to this by-law; or Apply for and obtain a new permit in accordance with the provisions of this by-law. REVOCATION OF PERMITS Where it is determined, in the opinion of the Director, that a permit has been issued on the basis of misleading or false information in an application, the permit may be revoked and the permit holder shall immediately cease all operations being conducted under the authority of the revoked permit. ENFORCEMENT If an officer is satisfied that a contravention of the by-law has occurred, the officer may make an order requiring the owner of the land or the person who caused or permitted the placing or dumping of fill, removal of topsoil or alteration of the grade of land in contravention of the by-law to discontinue the activity and the order shall set out, a) b) the municipal address or the legal description of the land; and reasonable particulars of the contravention and the period within which there must be compliance. Every person who contravenes any section of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs as prescribed by the Provincial Offences Act. All Schedules attached to this by-law shall form part of this by-law. In the event that a court of competent jurisdiction declares any provision or provisions of this by-law to be invalid for any reason, the remainder of the by-law shall remain in full force and effect. 22. This By-law shall take effect on January 1, 2003. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk SCHEDULE A PERMIT FEES The Fee for processing, administration and inspection for a one year permit is Five Hundred Dollars ($500.00) plus Twenty-Five Dollars ($25.00) per hectare or part thereof of site area. LETTER OF CREDIT (to guarantee site control measures) An irrevocable Letter of Credit or other security acceptable to the City to cover 100% of the estimated cost of site control measures including the cost of the Erosion and Sediment Control measures, mud tracking control measures, litter and debris control measures, and dust control measures is required. The security is to be in a form acceptable to the Director. (a) The security must remain in effect for the full duration of the permit with an automatic renewal clause in the document. Any Letter of Credit and its subsequent renewal forms shall contain a clause stating that thirty (30) days wdtten notice must be given to the City pdor to its expiry or cancellation. All calculations to be supplied by the owner or their representative and verified by City staff. (b) In the event that the City receives notice that a Letter of Credit is expiring and will not be renewed, or, if further or additional securities are not provided within the said thirty (30) days, the City may draw on the current Letter of Credit at the discretion of the Director. The permit holder agrees that any interest accruing on the realized security shall belong to the City and not to the permit holder. (c) It is the responsibility of the permit holder: (i) to provide evidence satisfactory to the Director that the site has been adequately reinstated and stabilized in accordance with this By-law and the Erosion and Sediment Control Plan accompanying the permit; and (ii) to notify the City no later than five working days of the completion of works set out in the Permit and to request that the City carry out an inspection to confirm that all relevant terms of this By-law have been complied with. (d) The security may be reduced from time to time at the discretion of the Director. When the provisions of subsections (i) and (ii) of section 2(c) have been fully complied with to the satisfaction of the Director, the Director shall release the Applicant's security. (e) If a new owner satisfies all the conditions outlined in the By-law, all securities will be returned to the original owner unless the original owner authorizes, in writing, the return of the securities to another person. PERMIT EXTENSION FEEs The fee for processing, administration and inspection for a one year permit extension is Three Hundred Dollars ($300.00). SCHEDULE B SITE DESIGN REQUIREMENTS The following requirements shall be met on all sites where a permit is required to remove topsoil: 1. Site Dewatefing:. (a) If it is demonstrated that no particles are greater than or equal to 40 microns in size, then dewatering operations may be conducted provided that the water is not permitted to discharge directly into receiving bodies of water or streams. (b) Water pumped for dewatedng operations on the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, swirl concentrators or other appropriate controls. Drain Inlet Protection: All rear lot storm drain inlets or any other inlets as the Director considers necessary, shall be protected with filter fabric, or equivalent barriers meeting accepted design criteria, standards and specifications accepted by the Director. Site Erosion and Sediment Control: The Erosion and Sediment Control Plan should consider the following types of controls: a) b) Stabilization practices for soil erosion and sediment control. The common stabilization practices of two types: vegetative stabilization practices such as temporary seeding, sod stabilization, permanent seeding and plantation, maintenance of buffer zone, and preservation of natural vegetation and non-vegetative stabilization practices such as mulching, geotextiles, soil-retaining measures and stream bank stabilization. Runoff velocity dissipation measures, which slow down the runoff flowing across the site by using measures such as check dams and surface roughening, and gradient terraces. Storm water runoff control, which prevent runoff from flowing across disturbing areas by using measures such as earth dikes, drainage swales, and drains. d) Structural control measures to eliminate the offsite movement of soil such as mud mats and silt fences. e) Structural practices such as Sediment Control Ponds and ultimate SWM ponds, which hold storm water runoff in a controlled fashion and remove sediments in the storage device. In the event that a Sediment Control Pond cannot be constructed to service the entire site (i.e., capture all the runoff from the site), the reasons must be documented and alternative control works must be proposed. Other approved sediment control measures, which remove sediments from on-site runoff before it leaves the site must be constructed. As required in this By-law for the lots/sites with more than five hectares disturbed at a time, or in staggered manner, all of which are served by a common discharge location, a Sediment Control Pond, or equivalent control measures (e.g., SWM facility, if applicable) must be provided. The Sediment Control Pond volume should consist of a permanent pool and active storage component. The permanent pool component should be sized for ultimate development conditions to provide a volume equivalent to a Level 1 water quality control as per the current Ministry of the Environment SWMP Manual, or 125 m3/ha, whichever is greater. The active storage volume component should be sized for a minimum of 125 m3/ha of runoff and released over a minimum 24-hour period. If the ultimate SWM facility cannot be used as the Sediment Control Pond for the entire site/lot during construction period, a temporary sedimentation pond shall be constructed with design criteda as follows: a) The Sediment Control Pond shall be constructed prior to topsoil stripping or fill placement; b) c) Where possible, the Sediment Control Pond and conveyance channels should be located in such a way that the runoff will be captured and conveyed from the entire disturbed area to the pond; The Sediment Control Pond volume must consist of a permanent pool and. active storage component. The permanent pool component should be sized for ultimate development conditions to provide a volume equivalent to a Level I water quality control as per the current Ministry of the Environment (MOE) SWMP Manual, or 125 m3/ha, whichever is greater. The active storage volume component should be sized for a minimum of 125 m3/ha of runoff and released overa minimum 24-hour period; d) To maintain sufficient permanent pool volume during the land disturbance period, the ESC Plan should provide the maintenance schedule. The Sediment Control Pond should be cleaned once the removal efficiency of the pond has been reduced by 5% as per the MOE SWMP Manual and as outline in Schedule "E'; The following criteria apply to land disturbing activities that results in runoff leaving the site: a) All the activities on the lot/site shall be conducted in a phased manner, where appropriate, to minimize the area of bare soil exposed at any one time. b) Concentrated runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected by cut-off swales and/or silt fences being placed along channel edges to avoid sediment from disturbed areas reaching, the channel. c) Any topsoil or dirt storage piles containing more than one hundred cubic meters (100 m3) of material shall be a minimum of 10 meters from or up the slope from a roadway or channel. If remaining for more than sixty (60) days, said soil or dirt storage piles shall be stabilized by mulching, vegetative cover, traps or other means. Erosion from topsoil or dirt storage piles which will be in existence for less than sixty (60) days should be controlled by sediment control fence (i.e., filter fence) barriers around the pile. d) ! Runoff from the entire disturbed area on the site shall be controlled as follows: All disturbed ground left inactive shall be stabilized by seeking, sodding, mulching or covering, or other control measure. The period of time of inactivity shall be at the discretion of the Director but shall not exceed 60 days or such longer period as deemed advisable at the discretion of the Director. ii) Notwithstanding the above paragraph, a permit holder or applicant for a permit who has also applied for but not yet received a building permit or any other necessary permit may be granted an extension to the permitted period of inactivity, at the discretion of the Director, provided that said applicant or permit holder provides satisfactory proof that he has made his best efforts to have said building or other necessary permit issued. Fees for the extension will be deferred for the period of inactivity if the site is secured in a manner satisfactory to the City. iii) For lots/sites less than five (5) hectares disturbed at one time, sediment control fences and cut-off swales/channels or equivalent control measures shall be placed along all downslope boundaries of the site. iv) For lots/sites adjacent to existing residential areas, a fence and a cut-off swale/channel may be required around the entire perimeter of the site to prevent drainage onto private lands. A three (3) meter wide buffer strip and/or sediment control fence shall be provided along the perimeter of the downslope boundaries of the site. v) The sediment control guidelines prepared by the Toronto and Region Conservation Authority and Ministry of Natural Resources for the Province of Ontario, or municipal standards are to be followed. vi) For site with extensive fill requirement, the Director may waive the requirements for stabilization of disturbed land after thirty (30) days of inactivity provided that the sediment control measures have been implemented to the satisfaction of the Director. SCHEDULE C PERMIT CONDITIONS All permit holders shall: (a) Notify the Director or his/her designate a minimum of two business days prior to the commencement or recommencement of any land disturbing activity; (b) Obtain permission in writing from the Director or his/her designate prior to modifying any element of the Erosion and Sediment Control Plan; (c) Install all control measures as identified in the approved Erosion and Sediment Control Plan; (d) Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the Erosion and Sediment Control Plan; (e) Promptly repair any siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities; (f) Inspect the sedimentation control measures at least once per week and after each rainfall of at least one centimetre and make needed repairs; (g) Allow City officers or agents of the City to enter the site for the purpose of inspecting for compliance with the Erosion and Sediment Control Plan or for performing any work necessary to bring the site into compliance with the Erosion and Sediment Control Plan; (h) Maintain a copy of the permit on the site; (i) Notify all sub contractors and suppliers of approved access routes to the site and ensure compliance with these instructions; (j) Maintain all roads in same or better condition than existed prior to the commencement of the work and keep all roads free from any materials or equipment arising from the work set out in the permit; (k) Ensure that no construction machinery is operated before 7:00 a.m. or after 7:00p.m. Monday to Saturday inclusive, or at any time on Sunday. The City: a) Upon the failure by the permit holder to complete all or part of the works in the time stipulated in the Erosion and Sediment Control Plan, the City may draw the appropriate amount from the securities posted and use the funds to arrange for the completion of the said works, or any part thereof. b) Upon failure by the permit holder to install, repair or maintain a specific part of the works as requested by the City, and in the time requested, the City may at any time authorize the use of all or part of the securities to pay the cost of any part of the works it may in its or their absolute discretion deem necessary. In the case of emergency repairs or clean-up, the City may undertake the necessary works at the expense of the permit holder and reimburse itself out of securities posted by the applicant. RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY 1. That Council receive Report OES 49-02 to confirm its procedure for addressing Hazardous and Bio-Hazard responses; and 2. That Council approve reimbursement to owners up to $1,000 per incident; and 3. That appropriate officials be authorized to give effect thereto. PICKERING REPORT TO THE Finance & Operations Meeting Report Number: OES 49-02 Date: November 7, 2002 21 From: Everett Buntsma Director, Operations & Emergency Services Subject: Fire Services Protocol for Hazardous Material and Bio-Hazard Response Team I Environmental Services - File: FS 1000 Recommendation: 1. That Council receive Report OES 49-02 to confirm its procedure for addressing Hazardous and Bio-Hazard responses; and That Council approve reimbursement to owners up to $1,000 per incident; and That appropriate officials be authorized to give effect thereto. Executive Summary: Not applicable Financial Implications: Unknown but should be less that $4,000 per year Background: In November 2001 Council approved a recommendation to enter into a contract with Team I Environmental Services for responses to Hazardous and Bio-Hazard Incidents. At that time it was also recommended and approved that all such calls should be invoiced to the owner or person responsible for the incident. Since that time the City has used Team I Environmental Services on 2 occasions. The total costs invoiced to others was approximately $2,500. At this time one such owner is requesting that the City pay their invoice in the amount of $995.10. Upon review by staff and after careful consideration staff recommend that the City not pay invoices of Team I Environmental Services but that the City re-imburse the responsible owners or persons for Team I response to a maximum of $1,000 per incident upon receipt of a copy of the invoice. Such payment shall be in the form of a cheque jointly payable to the p~r~on / owner and Team I Environmental Services. &TTACHMEN'i" ~¢ ,.,/,~'i"O REPORT # O~-~-~ ~-O~ OPERATIONS & EMERGENOY SERVIO~S DEPARTMENT FIRE 8ERVIOE8 DIVISION MEMORANDUM 23 November 7, 2002 To: From: Subject: Everett Buntsma Director, Operations & Emergency Services W. Douglas Fire Chief Advisement of TEAM-1 Environmental Services - Report requested at Finance and Operations Committee Meeting - October 28, 2002 - Attending emergency calls within the City - Policy of Surrounding Area Municipalities City Council has approved a Fire Services Protocol for Hazardous Material and Bio-Hazard Response. This protocol included the use of an independent company, TEAM-1 Environmental Services Inc., to attend emergency alarms dealing with clean up, removal and disposal of hazardous wastes. TEAM-1 Services would invoice the owner of the property to which the response had been requested or to the party responsible for the material spill. The City would not have to pay these invoices. After the events of September 11, 2001 response to chemical/biological terrorist (Bio-terrorist) incidents became an issue for emergency responders. Durham issued a draft protocol identifying a level of response by municipal Fire Services for these types of alarms. Within this protocol Fire Services would assume a lead role in these types of alarms. Pickering Fire Services is at an Awareness,Level. At this level firefighters are expected to recognize the presence of hazardous materials, protect themselves, secure the area, and call for trained personnel to handle the incident. They take no action to mitigate or control the hazardous material. They just assess, protect and notify. Hence, it was recommended that our City enter into a contract with TEAM-1 Environmental Services Inc. At the Finance and Operations Committee meeting of October 28, 2002 a request was received by Janet Ecker MPP for assistance in paying an invoice received by the owners of Legend Music Enterprises for a TEAM-1 response due to a possible Bio-Terrorist incident. Council requested advising on our policy and the policy of other area municipalities. Subject: Date: ATTACHMENT# /_,,_.TO REPORT#~ ~ "0~, Advisement of TEAM-1 Environm~/ntal SerVices - Report requested at Finance and Operations Committee Meeting October 28, 2002 - Attending emergency calls within the City - Policy of Surrounding Area Municipalities November 7, 2002 2 Advising on the Policy: I am advising the following in respect to the policy approved by our Council. (a) We view any act of terrorism as police matter and a crime scene and therefore, police services should take the lead role at such incidents. (b) We believe that paying any invoice for such incidents may subject the City to future large invoices if or when further terrorist activity occur in our Municipality. (c) Current law (the Spills Bill) regarding hazardous material spills stipulates that the shipper, carrier and/or the receiver are responsible for hazardous materials spills and clean-up costs. Although responses to terrorism alarms should not be equated to normal hazardous materials calls, it seems that the same rules should apply as far as responsibility for any costs associated. (d) There have been two alarms associated with TEAM-1 Involvement. One was for an incorporated company who paid the inVOice and the other is a sole proprietorship. It would be very difficult for the City to differentiate between various victims of possible terrorist activities - homeowner, large company or small business. Therefore, it should be one rule for everyone. Policy of Area Municipalities Clarinqton Fire Services Clarington have an agreement with TEAM-l, but have not had them respond as of this date for this type of emergency. They felt they would probably absorb the costs, but if these types of emergencies were to escalate they would probably re- think the costing issues. Their thoughts were that possibly the public and Council would expect them to react and be able to handle these types of emergencies, and if not able, then to get the appropriate training, etc. It should be noted that Clarington Fire Services have hazardous materials suits and have gone into premises to handle potential bio-terrorist packages during the anthrax scare. Oshawa Fire Services Oshawa Fire has not run into this situation yet, and they also have an agreement with TEAM-1. They feel that if a homeowner or business owner calls TEAM-1 then the homeowner is responsible. If it was on City property or the Fire ATTACHMENT ,~_./._.~]'C~ Report requested at Finance and Operations Committee lvleeting October 28, 2002 Attending emergency calls within the Oity Policy of Surrounding Area Municipalities November 7, 2002 Date: 25 Services could not determine who owned the problem Fire Services would be responsible. The owner would be counseled asto what services are available to them and the approximate costs. Oshawa is at the operations level of hazardous material response and so can respond in a defensive fashion to control the hazardous material from a safe distance and keep it from spreading. Ajax Fire & Emerqency Services Ajax has not entered into a contract with TEAM-1. They have purchased haz- mat suits and would enter and bag a substance and hand it over to either Police or the Health Department. Whitby Fire & Emergency Services Whitby Fire does not have a written agreement with TEAM-1. They are at operational level as far as donning chemical suits and decontaminating. Summary Pickering Fire can certainly train our flrefighters to the higher level of haz-mat response or we can look into various joint training opportunities within the Region. If we do train to this next level, it will enhance our ability to deal with some of this hazardous materials and rescue response issues. It has to be said that there will be monetary costs associated with going to another level of response training. Ongoing costs for hazardous materials suits, training and decontamination costs will have to be budgeted for. One of the concerns associated with biological terrorist alarms is that, even at operations level, firefighting personnel should be aware of the substance they are dealing with before' touching the substance. At terrorist associated alarms the substance cannot be identified at the scene, which presents a major healthy and safety issue for our services. As well, I am sure that the PPFA will want to be involved in any response protocols for biological terrorist alarms just to ensure .the safety of their membership. WTD:nrm COPY: Deputy Chief W. T, Douglas j:\...\RepHazrnat.doc .?,6 ATTACHMENT .TO R PO 'i' REPORT TO COUNCIL .PICKERING FROM: Everett Buntsma Director, Operations & Emergency Services DATE: November I, 2001 REPORT NUMBER: OES 31-01 SUBJECT: Fire Serviqes Protocol for Hazardous Material (Hazmat) and Bio Hazard Response File: FS1000 RECOMMENDATION: 1. That Council receive Report OES 31-01 and endorse the "Protocol for Accessing Team - 1 Services" as the City's procedure for addressing Bio Hazard incidents. ORIGIN: Operations & Emergency Services Department AUTHORITY: Municipal Act Section 210 FINANCIAL IMPLICATIONS: All responses of Team - 1 Services will be invoiced to the owner(s) of the property to which the response has been requested or to the party who is responsible for the material spill which has resulted in the need to call Team - 1 Services. EXECUTIVE SUMMARY: BACKGROUND: On October 17, 2001 the Durham Police Services issued a "Temporary Protocol to deal with Anthrax Incidents and Suspected Bio Terrorism" and a "Chemical / Biological Terrorist (Bio Terrorist) Incident Procedure". These documents identify a level of response for local fire services within the Durham Region response zone2 These documents further suggest that a responding Fire Service will assume the lead role. The Picketing Fire Services (PFS) is at an AwarenesS Status but is not at a status, which would enable it to respond in the manner outlined in the Police procedure. ATTACHMENT #~_~'~ TO REPORT # ~'~ ~' -0 Report to Council OES 314)1 Date: November 1, 2001 Subject: Fire Services Protocol for Hazardous Material (Hazmat) Page 2 and Bio Hazard Response - File: FS1000 27 Asa proactive measure to ensure adequate safe response to such incidents and to protect the PFS staff resources the Operations & Emergency Services Department has initiated the development of an appropriate protocol to "comply" with the Durham Police Service procedure. It must be noted that to equip and train PFS staff is not a financially feasible optiOn nor should it be necessary as Team - 1 Services is equipped and capable of "immediate" response. Their services, if called upon, will obviously be evaluated On a per call basis. It should further be noted that our Fire Service administration officers endorse the use of Team - 1 Services in lieu of expending City Funds for staff training and very specialized equipment acquisition. It is recommended that Council receive and endorse the "Protocol for Accessing Team - 1 Services" as the City's procedure for addressing Bio Hazard incidents. ATTACHMENTS: Protocol - Fire Services Division Temporary Protocol (Durham Police) Durham Region Emergency Response Procedure - Chemical/Bi0[ogical Terrorist (Bioterrorist) Incident EVe~ff~ Bt~ntsma Director, Operations & Emergency Services EB:mld Attachments Copy: Chief Administrative Officer Fire Chief Recommended for the consideration of Picketing City Council Thomas J. Qnlnn, Chief Administrative Officer 28' PICKERING 161615ayly Street Picketing, Ontario Canada L1W 3Ng Dire. ct Access (905) 839-8095 dtyofpickmng.com OPERATIONS & EMERGENcY. sERVicES DEPARTMENT' Fire Services.Division Division (905) 839-~68 Nac~i~!.e (905) 839-6327 fire @dty. piekex~ §.omea Picketing l~ire Services Protocol for Accessing Team-1 Services Effective immediately Team 1 will be providing us 'with all. levels 9f hazardous materials ' response aboye th~ level of awareness. This will i~elud, e product.removal aqd biol~.ard issues (including anthrax), Team 1 will respond to the location within 40 minutes but it is dependent upon the number of calls and traffic conditions. They. are responding from two sites in Tor-ont(~, the airport area and Gardiner & DVP juucfion. This company can pm~ide senrices for land and water borne situations. Where another-agency provides eniry and expects us to provide decontamination, Team 1 will provide flals role..This..' is in m£erence to flae. DRPS protocol £or"Anfl~ax" exposures. Team I will provide us with hazardous materials mitigation in those cimumstances where the owner' of the' material or prop~y d~es not have a cumpetent team to.call in to mitigate the problem. Platoon Chiefs shall always check with the owner of the property and askff trey h. ave a company tha~ will mitigate the hazardous materials. Some larger compauies will have a company on call to deal with those types of situations. However, ff a company cannot'.fiud someone to provide this service Picketing. Fire Services (PLUS) can call Team. ! to the scene. Team 1 will operate uader the comumud of PFS sta~ however it will become necessary to ,follow their .g~. '.~mce whoa it tomes to hazardous materials.' PFs perspnnel will suppo~ Team. 1.[u tl~s tole bn~ are not to function above awareness level. Team I will not forward a bill to PFS; rather they ~ bill the owners of the prgperty or shipper. They will notbill us for mum'eipal properties ~ roadside assistance. The emergenoy number is l:8'00r32-spiI1 (1-800-327-7455). If you are unJure whether or.not yau are to contact Team 1, the Chief and Deputy are available for validation .of you{. :decision- Deputy Chief Mark Diotte MEMO To: All Members From: Sgt./ames Griraley, Emergency Measures Officer Effective: October 17, 2001 16:00 hfs Re: Temoorarg Protocol ~o deal with .~nthrax tmcident~ & Suspected Bio Terrorism.. As a result of a number of incidents involving suspicious mail, the following interim protocol has been developed. Currently, no formal protocol exists within the Province of Ontario to deal with these types of calls. As a result~ officers attending these calls my receive conflicting information from the other emergency service providers and health . care professionals involved. 'Although the following interim protocol should not be regarded as a perfect procedure, it does reflect the best information currently available and will provide the basis for a consistent and safe approach to these increasingly prevalent calls for service. When in any doubt, officers are urged to confer with their supervisors who in mm will facilitate access to other required pollc.e service contacts and resources. Dr. Fearon, a member of the Provincial Laboratory 6f the Ministry °f Health, and Emergency Measures Ontario were contacted, and advise as follows: There have beeua umber of incidents to date, throughout the Province. Their lab is currently working full time on analysis, and there are NO corfflrmed Anthrax cases m report. All of these incidents have been determined to be hoaxes. Anthrax is a micro-organism and is generally contracted through inhalation (,primary cause), ingestion or cuts and/or abrasions. It is not transfermfl person to person. It has an incubation period of between one (1) and six (6) days. Furthe~ information Was obtained on how to deal with suspicious letters or packages, whether delivered by hand (Courier) or mail, as follows: Staff ;sP°nsible for incoming letters and packages should maintain an awareness of the possibility of the risks'posed by explosive and/or bio-hazardoUS Contents..Common. features of. letters o~ packages that should be regarded as suspicious are as follows: ~' No return address provided, Excessive-postage Hand written, poorly typed or incorrect recipient information, Misspelling of common words, Restrictive markings such as "Confidential" or "Personal", otc Excessive weight Oily stains, discotourafions or odour Any indications that a powder or grainy substance is enclosed, or appears on the outside surfaces. If our Communications Unit is notified that someone llas received a suspicious package or letter, the caller should be instructed to adhere to the following procedure: I. Iftbe letter or package is not opened, ~' In most cases, the risk of exposure is low, provided that nothing is leaking from the package Or envelope· The caller should be advised' to seal the letter or package in a plastic bag, or wrap, and mm it over to the custody of an attending police member who will ensure its safe disposal. 2. If the letter or package has been opened, and an accompanying note clalms that' but there is no substance seen or the recipient has been infected' or contaminated, contamination is felt in the envelope or letter, in most cases the risk of infection or or package should be handled in the manner described above and low. The letter ' the attending police member shall seize it for further investigation. The caller should be advised to see their family doctor, as a precaution- 3. 'If opening a letter or package causes a substance,tO contaminate the recipient, they should: a) Cover the spilled material with an .ything available that will prevent the material from becoming airborne, b) Seal off and leave the immediate vicinity, C) If possible, shutdown the heating and ventilation systems in the ama d) Immediately wash their hands with soap and water (do not use bleach or other disinfedtants on your skin) .. e) Avoid contact with others, and f) Await the an-ival of, and abide bytbe instructions provided by responding emergencY personnel. NOTE· b) c) In most cases, people who were not in the room at the time the envelope or package was opened are not at risk, In most cases, people who were in the room at the time, but did not come in direct contact with the substance, are at minimal rislc Even in the event of the substance actually being Anthrax, infection is unlikely and treatment is extremely effective. Decontamination of surfaces can be immediately accomplished by washing the contaminated area with a 10% bleach solution. (Do not use this method on skin) A. Officers attending calls regarding suspicious letters or packages that appear to involve the threat of'explosi~.e devices, shall strictly abide by the provisions of .Directive ER-07-001 "Bomb Threats and Explosives". B. Officers attending calls regarding suspicious letters or packages that DO NOT appear to involve the threat of explosive devices shall proceed as follows: Ensure you are Wearing protective gloves, If the leffer or package is unopened, ensure that envelope or package is- sealed in a plastic bag, or If the envelope or'package was opened, and an unidentified substance released, the attending officers shall: · a) Notify the Patrol Supervisor and Duty Inspector, b) Evacuate the'recipient of the letter or package, and any others who may have had contact with the substance, from the immediate vicinity,' ensuring that they are prevented from contacting others, c) Take appropriate steps to isolate the recipient, or others who may have had contact with the substance,, until they can be assessed by members of the Durham Health Department, d) 'Establish and maintain a suitable perimeter aromad the scene, e) Turn the contaminated scene.over to emergency personnel equipped to deal with hazardous materials, Take custody of the suspicious letter or package after it has been tripled-sealed (puncture-proof container)by the attending hazardous material handlers, 32 g) Ensure that the seized property is tagged and a Property. Report [DRP1D] is submitted, h) If there has been an exposure to a substance, or it is deemed appropriate to have the letter or package tested, ensure that the Durham Health Department (Health Inspection Unit) attends the scene. (905) 576-9991. Note- the Durham Health Department is responsible for the decision as to-whether the substance will be submitted for biological testing, but the responsibility for the actual transportation of the letter or package is borne by.our police service. i) Transport the triple sealed package to the Oshawa Community Police Office and turn it over to the Platoon or PatrOl Supervisor on duty, j) The details 0fthe letter or package shall be entered in the property log and the items placed in Bio-hazard Locker #31, k) Obtain and document on a General Incident Report ['DRP1] all pertinent information including who had contact with the suspicious letter or package, and the degree of their of exposure. Note,- a copy of' · the report must accompany the letter or package if it is submitted for biological testing. ._ 1) The Oshawa Community Police Office platoon or Plat. oon Leader (or designate) shall make daily arrangements to have suspicious letters and packages, submitted in the manner deScribed ab°ve, transported to the Ministry of Health Laboratory, 81 Resources Road, Toronto. Note_-please contact the 'laboratory personnel before attending. Tel: (416) 235-5725. We are determined to protect the health and welfare of the public and our · members, and this interim protocol has been developed to minimize any risk.. · ' ' forty- Results of the analysis of suspicious substances should be known vathin eight (48) hours'of the lab receiving' the exhibit. Sergeant J. CnSmley of the Emergency Measures Unit will notify members involved in dealing with these · incidents of the analysis.results. This interim protocol shall remain' in effect until such time as a formalized Dkeetive, now under development, becomes available. Please. direct any questions or concerns regarding, this procedure to Sergeant J. Grimley~ Emergency Measures Unit, at extension 4350. (Af0er hours, contact the Communications Unit Supervisor at extension 6600.) · DURHAM REGION EMERGENCY RESPONSE PROCEDURE CHEMICALIBIO.LOGICAL TERRORIST (BIOTERRORlST) INCIDENT June 2001 DURH~k~I R~ION Ei~ERGENCY RESPONSE PROCEDURE CHEMiCALIBIOLOGICALTERRORIST BIOTERRORIST INCIDENT Background/General "Bioterrorism" can be used to refer to the actual or threatened use of biological or chemical agents to create terror or to achieve a particular goal. The threat from an actual chemical/biological terrorist incident in Durham Region is assessed to be Iow. However, .an event cannot be ruled out and in the U.S. hundreds of threats or exposure incidents are reported each year(all of which have been hoaxes). Because of the panic and inappropriate measures that may result from even a hoax bioterrodst incident- and the potentially devastating health consequences ~f a real release of an agent - there is a need to have a coordinated resp°nse to such an incident. Aim The aim of this procedure is to outline the actions for responding to a chemical/biological terrorist (bioterrorist) incident in Durham Region. Scope This procedure will apply to the Durham Regional Police Service, the Regional Emergency Medical services (EMS), local municipal fire services, the Health Department and the .Durham Emergency Measures Office (DEMO). Using this procedure as a guide, each agency is required to produce its own detailed internal procedure/checklist Chemical Agents Toxic chemicals are described as any chemical that may cause death, temporary loss of performance or permanent injury to people, chemical agents fall into five classes: nerve agents, blister agents; blood agents, choking agents and. irritating agents. Threat assessments suggest that the possibility of a chemical attack or terrorist incident wOuld appear far more likely than biological materials largely.due to the. easy availability of many of the substances needed to construct a chemical weapon. Typical examples of chemical agents include: Satin, Tabun, Soman, Cyanide, Mustard/blistering agents. Biological Agents Biological agents are living organisms and there are three common types: bacteria, viruses and toxins. Several biological agents can be adapted and used as terrorist weapons. These include: anthrax, tularemia, cholera, encephalitis and the plague. The primary routes for exposure for biological agents are inhalation and ingestion. . Skin absorption and injections are also potential routes for entry but are less likely. Notification The Durham Region Non-Nuclear Notification Procedures (Dec 2000) currently in place will be used for any incidentl threat or suspected threat of a bioterrorist incident. When a notification of a .bioterrorist incident is received at the 911 Centre, the DP, PS Communications Superviso_r will immediately telephone the Durham Emergency Measures (DEMO) Duty Contact and initiate internal DP, PS notification procedures. The DEMO Duty Contac_t will alert the Medical Officer of Health/Health Department, the R-egional Chair, C~.O. and the. Corporate Communications Manager. The DEMO Duty COntact wiil establish direct liaison with the emergency coordinator of the' affected municipality to either obtain or pass on information about the e,~ent- The DEMO Duty contact will als° alert Emergency Measures Ontario (EMO). Response On receiving a call concerning a Suspected bioterrorist incident, the 911 Centre will ~.,.--di~'at'-,,b~Police, Fire and EMS to the scene. · ' as rotective breathing apparatus arid will assume the The res o ding Fire Serwce .h p ...... ,__. .....seal Fire, Police and EMS w~ll P as been iclenl:lrleo aHu ,~o~o - . ' lead role, nbl the threat h ....... t .... h as three vehicles parked together) and establish common commano ~e.u~ appoint n emergency site manager to coordinate the response operation. It is · . ' cers resent remain at the command centre so that a.t s_e_n_,,..o_r_o~ ,,,dPers can be passed quickly to each organ,zat, on !who decisions, informauu,, ~,,,, -,- are on separate communication systems). An outline response guide is attached at Annex A and is to be used by emergency response agencies when responding to a bioterrodst incident. 35 Responsibilities The responsibilities of responding agencies are outlined below: 2 36 911 Communications Centre. o dispatch police, fire and EMS to the scene and provide all available information. · for any call dealing with a suspicious substance or specific chemiC:al/biological situation, Communications Supervisor to notify DEMO Duty Contact and initiate internal DRPS notifications. · write and disseminate bioterrorism procedure/checklist to supervisors and 911 staff. ~ enc Measures Office DEMO to the Medical Officer of Health or · DEMO Duty Contact make notifications Health Department staff, Regional Chair, C.A.O. and the Corporate Communications Manager. · establish contact with the'emergency Coordihator of the affected municipality. · notify Emergency Measures Ontario and fOrward any support requirements. · provide any assistance required suCh as liaison with the Province. · write DEMO bioterrorism Pr°cedure/checklist. : Fire Servi~e · designate the incident commander, until the em. ergency site manager is a pointed. .~Pstablish a Command centre wi!h police an.d. E~_S_.. __~., equipment. '~, ~rovide a trained entry team, with appropna~e pe,~u,,o, protection (PPE). · isolate people who may have been affected, isolate the room(s). · initiate evacuation of remainder of building. · identify the threat, if possible, and obtain all known information. · establish communications with the Health Department, pass on all information ·· and seek advice on how to proceed. ' ' · implement procedures for monitoring and decontaminating crews/equipment. · arrange for final clean·up/dec°ntaminati°n of location by a professional company if recommended by Health Department. · write and disseminate detailed biotermfism proceduretche~klist. Durham. Regional Police Service (DRPSJ · establish a secure perimeter'around the site. - · order people,.other than those' at the site, inside the perimeter to stay indoors until advised otherwise. · establish a joint 6ommand centre with the Fire Service and EMS at the site perimeter. ' · provide entry Control, an emergency vehicle staging area and emergency vehicle' ingress/egreSs route(s) as required. · .assist in evacuation of the site to a collection area,' if deemed safe to do so by the Health Department. · control and register all people evacuated from the site. · be prepared to conduct an evacuation of nearby residents. o provide on-scene media spokesperson who will assist the emergency site manager. · take control of the site as a possible crime scene. · write and disseminate detailed bioterrorism procedure/checklist to staff. ~ the joint command centre. · provide a representative to attend · monitor any victims that may require decontamination. · take precautions to eliminate or reduce the risk of further exposure as recommended by the Health Department. - , advise the hospital, of the incident and provide an estimate of the number of affected .people. . · transport victims or persons who may have been exposed to hospital. · decontaminate ambulance as recommended by the Health Department. 'cai surveillance of staff involved. . · c°~duct-'rn~c, rnin te detailed bioterrorism procedure/checklist to staff. · write aha u~ ........ a · provide advice as requested by the Fire Service on pers°hal protective equipment, clothing and procedures for fire se~ice initial entry teams as well as for other emergency responders. · prOvide advice to police for boundaries of the perimeter and for possible evacuation of the public, · Provide advice on decontamination procedures for exposed persons and for emergency responders. · provide advice oninfectious control protocols for the Safe transport of exposed persons to hospital. · provide advice on, and monitor, the administrati~)n of prophylaxis and/or treatment for exposed persons or contacts of exposed persons. ' .' · provide advice on handling and packaging suspect letters, boxes etc. e coordinate with DRPS the sending of suspect articles to a laboratory. · identifY, register and implement medical surveillance of those persons potentially exposed, , prOvide information for those potentially exposed. · arrange for counselling of thOSe potentially exposed, as required.. . provide advice to the Fire Service on final site decontamination- . provide health information for media releases on the incident to the appropriate information/communications authority. · · Health Canada, · contact any experts on advice (e.g. Ministry of Health, Ministry 6f Environment, CDC). · wdte and distribute detailed procedure/checklist to appropriate Health Department staff. ?? BIOTERRORISNi RESPONSE GUIDE Annex A Notification_ 1. 911 Centre receives call and routes call to appropriate emergency response agency (normally Fire). 2. Emergency response agency communications Obtains as much information on the incident as possible: o location of incident. · caller's phone number. · type of incident (threatening note, suspicious substance, exposure to substance). ' ' · · number of people possibly exposed. 3. Emergency response agency communications to advise exposed persons: · . to leave the room and shut the door. · .remain isolated from other people. · wait for emergency responders. 4. Emergency response agency dispatch three tiered response, initiate bioterrorism checklist, conduct other notifications'(DEMO and internal) as required. 1. Responding Fire Service: · appoint an incident commander. · set up a joint command centre with police and EMS at the established perimeter, up wind. from the site. · move appropriate personal pro!ective equipment (PPE) to site and outfit an entry team. 2. Responding DRPS: · if first on scene, do not enter;, wait for .Fire Service entry team. · establish a secure perimeter with entry control. (Isolate the building. Order people within a minimum 90 meter rad!us of the location ko shelter indoors until further notice). ' · determine ingress/egress route for emergency vehicles and staging area if required. · contact the Fire incident commander and set up a joint command centre at the perimeter. · arrange for a media spokesperson to come to the command centre. Responding EMS: · if first at scene, await fire and police arrival. · locate fire/police command centre and report to the emergence site manager. · establish contact with the Health Department for advice. Identification and Evacuation_ 1. Fire entry team in PPE enter building: · quickly locate actual site. · remove and isolate any persons potentially affected from actual site. · report all details - suspicious package/letter, threatening note/letter/telephone call, any liquid/powder/aerosol present. ' · evacuate building using exits farthest from actual site. · if possible, have HVAC systems shut down. 2. Emergency site manager to pass information to 'Health Department and obtain advice on how to proceed - management of exposed persons, immediate decontamination requirements, protective actior~s for responders, an ..... ' l" possibly a hoax.. assessment of whether the inctdent is rea or 3. Health Department to send a representative to report to the command centre as soon as possible. 4. Police to arrange for the establishment of a temporary holding area to register names, addresses and phone numbers of all. perSons evacuated. 5. Fire entry team escort persons potentially affected to a decontamination/triage area. EMS perSonnel to take appropriate precautions based on advice from .the Health Department and transport victims to hospital 1. Based on advice of Health' Department, Fire entry team to isolate the susp!cious package/letter/substance and perform any local environmentai decontamination to their level of training. ~. 2. 'Police to maintain perimeter or keep site closed on. direction of the Health Department. 3. Fire entry team conduct personal decontamination, on advice' of the Health. Department, 4. 'Fire to arrange for professional decontamination of the site as requested by . the Health Department. Suspicious packagelletter/substance to be transported to s laboratoW as arranged by the Health Department and DRPS. Health Department to compile a complete list of victims and potentially contaminated persons from DRPS and EMS for follow up medical surveillance. Each agency to initiate follow-up medical surveillance of their staff. Cost recovery action to be initiated by each agency. 7 FICK[ RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 53-02 regarding the "Road Watch" program, be received; and That Council adopt the Road Watch program that is being proposed by the Durham Regional Police Service; and That funding be established in Account 2320-2409 to provide for the cost of the initial program launch and an annual cost for program maintenance; and That staff be directed to include the Road Watch program as a new tool in the Safer Streets Traffic Management Strategy, which is currently under development. REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 53-02 Date: November 10, 2002 Richard W. Holborn, P.Eng. Division Head Municipal Property & Engineering Subject: Road Watch Program - Adoption & Funding Requirements Recommendation: 1. That Report OES 53-02 regarding the "Road Watch" program be received; and 2. That City Council adopt the Road Watch program that is being proposed by the Durham Regional Police Service; and 3. That funding be established in account 2320-2409 to provide for the cost of the initial program launch and an annual cost for program maintenance; and 4. That staff be directed to include the Road Watch program as a new tool in the Safer Streets Traffic Management Strategy, which is currently under development. Executive Summary: The Durham Regional Police Service is requesting that the City of Pickering become an active partner by sponsoring the Road Watch program within its geographical borders as a means to heighten the awareness of traffic safety. The Road Watch program is a community-based initiative that utilizes awareness, education and enforcement techniques to reduce the number of roadway hazards related to dangerous or aggressive driving. One of the main goals of the program is to improve motorist attitude by bringing unsafe driving practices to the attention of the driver through Citizen Report Forms that are responded to by the Police Service. The Road Watch program is currently in place in all of the municipalities within Durham Region with the exception of the Town of Ajax and the City of Pickering. The program has also been adopted in a number of other municipalities in the Greater Toronto Area (GTA). Reports from the local municipalities indicate that the Road Watch program plays an important role in their municipality as it encourages the public to get involved with the on-going effort to make all roadways safer. The Road Watch program is a police administered, volunteer run initiative requiring funds from corporate sponsorship and municipal contributions. Report OES 53-02 Subject: Road Watch Program Date: November 10, 2002 Page 2 43 Financial Implications: The cost to launch the Road Watch program will be largely dependant on the level of financial support that the Durham Regional Police Service receives from local corporate sponsors. Initially, however, it is thought that the cost which will need to be incurred by the City of Pickering will be limited to the purchase and installation of standardized road watch signs estimated at $2500. If the program is adopted, a funding source for this amount will need to be established in 2002 since no current budget allocation exists in account 2320-2409. On-going annual costs, subject to the level of corporate sponsorship, may also be required to maintain the program. These specific costs cannot be determined at this time but it is expected that the City's annual contribution would not exceed $4,000.00. If this program is approved by City Council the amount will be included in the Operations & Emergency Services Department annual current budget for 2003. Background: Concerns related to neighbourhood vehicular traffic have been increasing for many years in most municipalities throughout Ontario. In an effort to deal with these concerns many municipalities have begun to adopt various new education, engineering and enforcement techniques. The Road Watch program is one of these new techniques, which combines the beneficial attributes of education and enforcement. Developed in the Town of Caledon, the Road Watch program is a community-based initiative, which encourages the public to report, through a specific system, motorists who are driving with dangerous or aggressive styles. The City of Pickering is of no exception to the problem of neighbourhood traffic concerns. To deal with these types of issues the City has over the past number of years installed pilot traffic calming measures, launched a Neighbourhood Traffic Watch Program and also initiated the preparation of a Safer Streets Traffic Management Strategy. Although all of these techniques provide some relief to the standard police enforcement component, they do not always meet with the high expectations of the community. The Road Watch program can be considered another important "tool" that citizens, staff and Councillors can use to deal with neighbouhood traffic issues. While it is true that the existing Neighbourhood Traffic Watch and the Road Watch Program are quite similar in their focus, the Road Watch Program is much less labour intensive for the average concerned resident. Both programs include the reporting of dangerous or aggressive driving styles, but the Road Watch Program does not require a group of concerned residents to operate the radar message board equipment. With the Road Watch program any resident can simply fill out a standardized form which when submitted will be followed-up by a group of volunteers that are administered by the Police Service. The Road Watch program cannot resolve every situation but it may compliment the City's existing Neighbourhood Traffic Watch program and could represent another important tool in the City's Safer Streets Traffic Management Strategy. Report OES 53-02 Date: November 10, 2002 Subject: Road Watch Program Page 3 The Road Watch program will require the formation of committee, chaired by the Durham Regional Police Service, which includes community volunteers, members of Council and municipal staff. The committee's main responsibilities include budget fundraising, developing a program launch campaign and maintaining on-going program awareness and education. It is anticipated that the City of Pickering will only play a minor role in the Road Watch program by providing annual financial sponsorship and by helping to promote public involvement. Funds raised for the program will be used to manufacture and install road watch signs, purchase supplies, construct report form drop-off boxes, mail police response letters and carryout advertising. Sponsorship is expected from such major organizations as Transport Canada, Canadian Automobile Association, McDonalds, Mothers Against Drunk Driving and various other local companies. All corporate sponsorship will be advertised on the reverse side of the Citizen Report Forms. The Road Watch program has already been adopted by all of the municipalities in Durham Region with the exception of the Town of Ajax and the City of Pickering. Representatives from the Durham Regional Police Service made a presentation at the May 27, 2002 Finance & Operations Committee Meeting to explain the Road Watch Program. An open public meeting information session was held on October 16, 2002 hosted by the Police Service which was well attended. The opportunity currently exists to partner with the Town of Ajax and the Durham Regional Police Service on a successful program which City staff support as an alternate community based solution to improve roadway safety. Attachments: 1. Road Watch Program Outline Prepared By: Supervisor, Traffic Engineering & Waste Management Approved / Endorsed By: Ever t~nt~ Director, Operations & Emergency Services Report OES 53-02 Subject: Road Watch Program Date: November 10, 2002 Page 4 4,5 Submitted By: Ri~ard"W.-J~olbOrn ~vision Head, ,./Municipal Property & Engineering Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Tbd'mas J. Ouinn', Chief Admin~ Starting A Road Watch Program In Your Community ROAD WATCH ATTACHMENT#, J TO~FOI~r# Oe~ 5.~-O'Z, ~of al MAKE YOUR ROADS SAFER ROAD WATCH' BE PART OF THE SOLUTION IN YOUR COMMUNITY ATTACHMENT# ...... ~, of GOAL OF ROAD WATCH TO HELP REDUCE: MOTOR VEHICLE COLLISIONS RESULTING PROPERTY DAMAGE PERSONAL INJURIES FATALITIES END RESULT IS- MAKING OUR COMMUNITIES SAFER ATTACHMENT# i TOREPORT# 0~,...5 5~-©2'x '-/'of ~1, ROAD WATCH IS BASED ON: AWARENESS ROAD WATCH® EDUCATION ENFORCEMENT ATTACHMENT#__.~ TO REPORT#~ ~ ~ of ~._~,.!_ HOW? THROUGH A COMMUNITY COMMITMENT TO: AWARENESS ,/getting the message out EDUCATION ,/doing presentations at schools and community groups ENFORCEMENT V'citizens identifying aggressive drivers through a citizen reporting system ATTACHMENT# /,,, TO REPORT# HOW TO GET STARTED support of police and elected officials is paramount hold a public meeting form a community committee enlist local media support contact your area M.T.O. representative ATTACHHENT#_ i 'I"OREPOP, T# Oe.-S ~:-,Z,,. ? of ,~l YOU R ROAD WATCH COMMITTE SHOULD HAVE REPRESENTATION FROM'. members of public police liaison member of council member of town-works dept. identify key stakeholders in your community that have an interest in road safety ATTACHMENT# .... / TOREPORT# <[of ~-I RESPONSIBILITIES OF YOUR COMMITTEE ~3 budget ,/'fundraising ,/signs drop boxes computer, printer, data base awareness campaign community kick off ongoing awareness and education ensuring community support ATTACHMENT# ROLE OF POLICE active committee member run licence plate numbers secrecy oath for civilian volunteers offer local site/space for Road Watch computer sign awareness / complaint letters 2nd offence - officer attempts to call registered owner of complaint 3rd offence - officer drops off letter personally, lay charges if appropriate letterhead / postage for form letters answers general inquiries, tele. contact ATTACHMENT# I TO REPORT# WHY ROAD WATCH IS GOOD FOR YOUR COMMUNITY community community community forms community forms community based committee completes citizen report picks up and processes is held accountable by its own members to drive safely v,' community members provide ongoing local awareness and education v" supported through community sponsorship v" community is responsible for the program's ongoing success END RESULT = SAFER ROADS IN YOUR COMMUNITY ATTACHMENT#, / . 'i'OREPORT# ,,, I/ of, .Zl Durham Regional Police Service · K. Mc. Alpine - Chief ol~ Police * D. Denton - Depuly Chief - Adminislrafion · J. Adams - Depuly Chief - Operafons <<Processing_Date>> <<Owners First Name>> <<Owners Surname>> <<Owners Address>> <<Owners_TownCity>>, <<Province>> <<Owners Postal Code>> Dear <<Owners_First_Name>> <<Owners_Surname>>: Subject:. Road Watch Incident ~dncident~> On <dncident_Date>> at <dncident_Time>> a second incident was reported involving a <<Colour~> <<Model>> <<Make>> bearing Ontario iicence plat~ number <<Plate_~>. The report states that this vehicle was observed <<What_Happenecb> on <dncident_Locatiom> in Scugog Township. A check of the vehicle files at the Ministry of Transportation indicates that you are the registered owner of this vehicle. This incident is brought to your attention in the interests of road safety, as this type of aggressive driving must be discouraged. If you were not the operator of the vehicle at the time of the incident, we ask that you bring this matter to the attention of that individual. A police officer will be contacting you to discuss these incidents. Road Watch is a comm,,nity initiative in the Township of Scugog and is operated in conjunction with local detachments of Durham Regional Police and the Ontario Provincial Police. It involves the active participation of citizens in several community safety programs including the identification of aggressive drivers. Citizen Report Forms can be picked up or deposited in secured drop boxes conveniently located throughout the Township. Your co-operation in making our streets and highways safer would greatly contribute to the goal of reducing collisions and injuries within Our community. Thank you~ Inspector-Chuck Mercier North Durham Community Police 16100 Old Simcoe St. Port Perry, Ontario LgL IP3 77 Centre St. North, Oshawa, Ont. L1G 4B7 Oshawa (905) 579-1520 Toronto (905) 683-9100 REV 0e~?Toll Free (905 - 705) 1-888-579-1520 Web Site www.police.durham.on.ca Fax (905) 433-5053 OAD WATCH:,, ROAD WATCH' ROAD WATCH' 5? WHITBY - launched June 1998 SCUGOG launched September 1998 CLARINGTON - launched June 1999 OSHAWA - launched May2000 UXBRIDGE - launched October2000 BROCK - launched December2001 ROAD WATCH' 5~ ATTACH FIENT #~ / TO REPORT# ROAD WATCH© ONTARIO MINISTRY OF TRANSPORTATION RESOURCE BOOKLET ROAD WA TCH PROGRAM ATTACHHENT# J TOI~PORT# 0¢~ S S-O~--. 59 Congratulations on your successful application for the Road Watch Program! We are delighted your group has made a commitment to road user safety through public education. We hope you will find the information below will provide you with a framework for operating this program in the community. And of course, Road Watch as well as your Regional Planner can assist you with advice, support, and information about how this program has successfully operated in other communities in Ontario. About the Program The Road Watch program, developed in Caledon, Ontario and adopted by many communities throughout southern Ontario, is a community-based initiative that utilizes awareness, education, and enforcement techniques to reduce the number of fatal vehicle collisions as a result of dangerous, aggressive driving. Road Watch encourages increased public participation by identifying the dangerous, aggressive driver in order to reduce motor vehicle collisions and fatalities. One of the goals is to improve driver attitude. Awareness of unsafe driving practices and promoting general road safety is accomplished through seminars, media coverage, advertising, public speaking engagements and promotional material made available to the community. Education is promoted at several levels. In Caledon, education of safety on the roads is delivered to school children in the classroom through educational kits developed by school teachers. The primary objective of these kits is to provide young people with the skills necessary to be safe road users. At the Primary Level, education efforts have focused on the promotion of seat belt use by children through the use of a horse puppet named "Buck", who reminds children to "Buckle Up" or risk being bucked from the car. The Junior Program concentrates on road rules and bike safety. As peer pressure is an important consideration at this age, strategies are offered to begin to help children cope with peer pressure. The Intermediate Program presents students with different role-playing situations designed to help them with some decision-making strategies that they may need to use. Objectives · Reduce the number of fatal vehicle collisions as a result of dangerous, aggressive driving. · Increase awareness of unsafe driving practices, improve driver attitude and promote general road safety. 6O ATTACHI"IENT#.-~/.._ TOREPORT# ~-~ /',-~of, Partners Incorporating a range of partners who share an interest in road user safety increases the scope of the program, and invites a higher level of community commitment, There are some partners who are necessary to the implementation of the program, and others who add value. Critical Partners (those you must have on side) Municipal Council and staff Police County/Regional Officials Public Health Concerned Citizens Value-Added Partners (those you should consider as part of your team) Public Health Local Business Emergency Medical Service/Fire Service Education Insurance How the Program Works Road Watch provides citizens with a direct opportunity to participate in a program to improve road safety in their community. Public awareness of safety on the roads through Road Watch assists police services in identifying dangerous aggressive driving behaviours and "hot spots" on area roads. Citizen Report Forms have been designed to gi..ve police the necessary information to appropriately deal with acts of dangerous, aggressive driving. Motorists are asked to complete a Citizen Report Form when they observe a motorist demonstrating unsafe driving behaviour. Secure Road Watch Drop Box locations are conveniently located throughout the community. The police service retrieves the forms, verifies accuracy and, if appropriate, sends an "information letter" to the registered vehicle owner explaining that their vehicle was observed being operated in an unsafe manner at a specific time and location - bringing the error to their attention. If the owner wishes, they can contact the police for further discussion. After an owner receives a number of reports, the police service may make a personal call to that individual regarding the problem. Any escalation of intervention is at the discretion of the police service. In addition, a motorist can use the Citizen Report Form to help police identify "hot spots" in the community where they feel unsafe driving habits are common occurrences. Citizens who submit the forms are asked to not only sign them, but to make them as complete as possible. This helps safeguard the system against abuse. The forms are for statistical use only and are held in the strictest of confidence by the police service. The Road Watch Program is advertised by use of road signs, window stickers, letterhead and information brochures. The Road Watch sign is a warning to drivers that local citizens do not tolerate dangerous aggressive driving. Implementation To determine if the Road Watch Program is suitable for a community, a traffic problem must be clearly identified and stated. This can be achieved through police reports, motor vehicle collision reports and public consultation through surveys. When the problem is identified, the next step is to review the recurring or repetitive nature of the problem and what practices are being taken to address it and why they are not working, before new strategies are developed. While some communities have existing traffic safety programs, the implementation of the Road Watch Program must be determined according to community needs. Programs could certainly run parallel, however, integrating programs may dilute the highlights of each program. Strategies should be tailored to the needs of the particular community. An existing committee may already be able to assume a leadership role, such as a community policing committee, service group or church groups. Concerned community members can begin by involving the municipal representatives for direction and organization to strike a new committee. Even just a few people can begin by contacting local government representatives and police to garner support for Road Watch. Often' these are the people who can put you in touch with other people that share similar concerns for road safety in your community. Resources for a founding committee are likely to be found in established community groups. Presentation of the problem(s) identified can be taken to groups such as: · Community policing committee · Municipal roads department · Injury prevention associations/health · School groups- PT© · Community groups 6t 62 ATTACHi','IEN'r¢~: .I ..... 'fOREPORT# ~e.,.~ I?' oU _k Keeping the committee structure flexible and readily adapted to community needs encourages participation even if only for limited commitments. The size and structure of the committee can vary according to the problem-solving process unique to the community. Once a focus is established, determine which aspects of Road Watch are best suited to solving your particular road safety problem: · Awareness · Education · Enforcement - an information program for the community - a program geared to safety concerns of school children - a program to identify dangerous, aggressive drivers and traffic hot spots The Road Watch Program is not labour intensive for Police to administer. While there are some clerical functions such as licence plate searches and necessary reports, the program eliminates the conventional method of driving complaints. Some of the funds raised for the program can be used to cover the expense of postage for mailing of police response letters. Using the Citizen Report Form provides a concise means of collecting information, especially in large urban areas to efficiently handle daily complaints from citizens. Should a question of accuracy of information be received, the Traffic Officer or Community Liaison Officer would clarify such concerns. Confidentiality of collected information is assured through legislation that prevents the unauthorized release of information which is submitted on the Citizen Report Form. The OPP Community Policing Development Centre has a newly developed "Policing for Results Survey" which can be used for program evaluation. The surveying procedure has community members contacting residents via telephone and entering survey answers into an electronic interface. The information can be forwarded to a pre- programmed database for analysis. For information contact: OPP Community Policing Development Centre 77 Memorial Ave. Orillia, Ontario L3V 7V3 (705) 329-6160 Fax (705) 329-6140 Suggested Budget Allocation The complete Road Watch Program need not be implemented initially. Initial funding for start-up can be kept to a minimum by using community resources such as: · Police · Municipal Government · Ministry of Transportation · Local Business .... To formally launch the program, significant fundraising must be considered. Support could be found with the assistance of the municipality, Chamber of Commerce and professional contacts. Cost factoring should include the production and installation of road signs, mailing (report forms, sticker, program literature, etc.,) to community households. For example, the Town of Caledon's costs to implement Road Watch in 1993 was $20,000. Your community costs will vary according to demographics. Working with committee members and interested parties can be a strong source for raising funds, and suggestions for innovative approaches and contacts that may be able to provide additional support and sponsorship. In-Kind Support Local businesses often support the goal of making the community's roads safer. You may want to consider asking for businesses for resources to support and promote public awareness of the program. E.g. car dealers, franchised "fast-food" outlets, local ma[~ufacturers, insurance agencies/brokers. Don't Forget Please recognize the Ontario Ministry of Transportation for its support on all public education materials. A report to MTO is required as part of your agreement in accepting the funding. The report should include: ,/ Dates and locations of unit deployment ,/ Copies of news releases and public education materials developed ,/' Statistics regarding number participants at events etc ¢' List of other supporters of the event/program/activity; ¢" List of expenses related to the program, and a list of income including financial and in-kind support (such as free advertising); 6.4 RESOURCES: REGIONAL PLANNERS Northwestern Region Tom Marinis Ministry of Transportation P.O. Box 1177 615 South James Street Thunder Bay, ON P7C 4X9 (807) 473-2198 Northern Region Jeff Griffith Ministry of Transportation 447 McKeown Ave Suite 301 North Bay, Ontario PI B 8L2 (705) 497-5453 Southwestern Region John Warkentin Ministry of Transportation 659 Exeter Road London, ON N6E IL3 (519) 873-4420 Central Region West Pat Van Maurik Ministry of Transportation Rm. 212, Bldg. A 1201 Wilson Avenue Downsview ON M3M 1J8 (416) 235-4808 Central Region East Sharon Marsh Ministry of Transportation Rm. 212, Bldg. A 1201 Wilson Avenue Downsview ON M3M 1J8 (416) 235-5118 Eastern Region Paul AIlore Ministry of Transportation Postal Bag 4000 355 Counter Street Kingston, ON K7L 5A3 (613) 545-4608 ATTACNHENT~, ..... J ~'OP, EPOR,T# 0...~_5.~ ~o~', ~-I RESOURCES ROAD USER SAFETY ORGANIZATIONS Overall Safety/Road Safety Canada Safety Council Canadian Automobile Association District Health Units/Boards of Health Farm Safety Association Infant & Toddler Safety Association Insurance Bureau of Canada Ontario Brain Injury Assoc. Ontario Medical Association Ontario Ministry of Transportation (publications) Ontario Safety League Safe Kids Canada SmartRisk Foundation Transport Canada Drinking & Driving Canadian Centre on Substance Abuse Canadians for Safe and Sober Driving Centre for Addiction and Mental Health Concerns Canada Council on Drug Abuse Health Canada MADD (Mothers Against Drunk Driving) Ontario Community Council on Impaired Driving Ontario Students Against Drunk Driving Child Restraint/seat Belt Infant & Toddler Safety Association Bicycle Safety Canadian Bike Helmet Coalition Canadian Cycling Association Ontario Cycling Association Truck Safety Ontario Trucking Association Transportation Safety Association of Ontario Senior Safety Canadian Association of Retired Persons (613) 739-1535 (613) 247-0117 or local listings check local listings 1-800-361-8855 (519) 570-0181 (416) 362-2031 1-800-263-5404 (416) 599-2580 (416) 235-3473 (905) 625-0556 (416) 813-6766 (416) 463-9878 1-800-333-0371 (613) 235-4048 (905) 793-4233 (416) 595-6059 (416) 293-3400 (416) 763-1491 (613) 954-5995 1-800-953-9984 (416) 485-4411 1-877-70-OSAID (519) 570-0181 (613) 224-4144 (613) 248-1353 (416) 426-7242 (416) 249-7401 (416) 242-4771 (416) 363-8748 6.6 School Bus Safety Ontario School Bus Association Check with local school boards/school bus operators In-Line Skatinq In-Line Skating Association St. John's Ambulance, National Headquarters (416) 695-9965 1-800-56-SKATE (613) 236-7461 Railway Safety Railway Association of Canada/Operation Lifesaver CP Police CN Police (613) 564-8094 (416) 362-6924 1-888-888-5909 Aggressive Driving Police/OPP Local Organizations: Some local sources for information might include: contact your local detachment · Insurance companies · District Health Units/Boards of Health · Hospitals · Driver educators · Police/O.P.P. · Cycling/in-line skating clubs RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 55-02 regarding the City's bridges and culvert structures needs be received; and That staff continue to have the system of bridges and culvert structures inspected and appraised regularly in accordance with the Ontario Structure Inspection Manual, and identify maintenance, repair and replacement needs through the annual Capital budget process. 68 PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 55-02 Date: November 11,2002 From: Richard W. Holborn, P.Eng. Division Head, Municipal Property & Engineering Subject: Municipal Structures Improvement Priority Program Recommendation: That Report OES 55-02 regarding the City's bridges and culvert structures needs be received; and That staff continue to have the system of bridges and culvert structures inspected and appraised regularly in accordance with the Ontario Structure Inspection Manual, and indentify maintenance, repair and replacement needs through the annual Capital budget process. Executive Summary: Not Applicable Financial Implications: For the next ten year period, the rehabilitation and replacement needs are estimated at $11,212,000. In order to address the needs, a Capital Forecast of planned maintenance, repair and replacement is required. Staff recommends that the deck condition surveys be performed on four bridges at an estimated cost of $40,000, subject to budget approval in 2003 to confirm repair recommendations. Background: The City is responsible for ensuring that bridges and culvert structures on the City road system are kept safe and in good repair. This has to be done through the performance of regular bridge inspections (every two years) in accordance with the Ontario Structure Inspection Manual, Municipalities are also responsible for passing load limit bylaws on bridges in accordance with the Highway Traffic Act, requiring two professional engineer's stamps, indicating load posting and duration. Report OES 55-02 Date: Subject: Municipal Structures Improvement Priority Program November 11,2002 Page 2 Totten Sims Hubicki Associates (TSH) was retained by the City in 2002 to re-inspect all forty one bridge and fifteen culvert structures ( spans of 3.0 metres or greater ) on the City road system and prioritize the maintenance, repair and replacement works for these structures as an update to the 2000 inspection program. Attachments 1 and 2 to this report illustrates the number of bridges and culverts within the system, their age of construction and their rehabilitation needs in dollars. It is evident that the City's bridges that exceed sixty years of age, and culverts that exceed twenty years of age are in need of rehabilitation or replacement. Based on the report "Municipal Structures Improvement Priority Program 2002" prepared by TSH, a summary of the total structure rehabilitation and replacement needs was compiled. For the ten year period, the rehabilitation and replacement needs are estimated to be $11,212,000 for the existing City structure system. Of this total cost, $9,198,000 is for structure Now needs, $1,992,000 for the 1-5 Year needs and $22,000 for the 6-10 Year needs. There are seven bridges and five culverts that are recommended for replacement, typically due to insufficient deck width or due to condition. Four of these bridges are posted with load limits through a municipal by-law. Thirty bridges and four culverts require rehabilitation work, of which three culverts require ongoing monitoring. The report identifies six bridges requiring further engineering investigations, typically deck condition surveys. A program to further evaluate and prioritize needs is being proposed as a budget line item under Damaged and Failing Infrastructure category for 2003 Capital Budget. Staff have identified four bridges which require a Deck Condition Survey for further engineering investigations to confirm the visual repair, rehabilitation or replacement recommendations of the structure. The cost for the field work and structural analysis is approximately $10,000 for each bridge. Based on the information received City staff will be able to complete a Capital forecast and budget to address the needs of the municipal structures. Attachments: 1. Bridges - Figure 1 2. Culverts - Figure 2 ?0 Report OES 55-02 Date: November 11,2002 Subject: Municipal Structures Improvement Priority Program Page 3 Prepared By: Dar~'ell B. Selsky, CET., CM/~f11- Supervisor, Municipal World' Approv ~ n E v ~.r. etCl~'u ~m"~'n~ DirL-~t'or Operations & Emergency Services R'~un' I:l'°lbo~'d'//15'Eng' Division Head icipal Prdperty & Engineering DS Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council , ~.~~~1 ~ ,/.~,,,,'. ~/, z Thor~a-~ ,J. Quinr~/Chief/~minist ~ / ot (000'05) spoon uo!l~l!l!qmto~I ~:ffPFS; so~pp[t jo soqmnN (000[$) slsoD uo!l~l!I!q~qo~[ lzo^In~ 0 0 S]JOAInD Jo .~oqtunN '73 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 50-02 regarding the Tender for Cleaning Services, be received; and That the Tender No. T-14-2002 submitted by In-Pro Cleaning Systems Ltd. for cleaning services inclusive of a full time supervisor for a three year term in the amount of $460,767.00 plus GST, be approved for the following facilities: Pickerin.q Municipal Facilities Pickering Civic Complex Operations Centre East Shore Community Centre Petticoat Creek Community Centre Pickerinq Public Libraries Main Branch Claremont Branch Greenwood Branch Petticoat Creek Branch Whitevale Branch That the appropriate officials of the City of Pickering be given authority to give effect thereto. '?4 PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES-50-02 Date: November 6, 2002 From: Stephen Reynolds Division Head, Culture & Recreation DATE: November 12, 2002 Subject: Tender for Cleaning Services - Tender No. T-14-2002 File: CO3000 Recommendation: 1. That Report OES -50-02 be received by Council and; that The Tender No. T-14-2002 submitted by In-Pro Cleaning Systems Ltd. for cleaning services inclusive of a full time supervisor for a three year term, in the amount of $460,767.00 plus GST, be approved for the following facilities: Pickerinq Municipal Facilities Pickering Civic Complex Operations Centre East Shore Community Centre Petticoat Creek Community Centre Pickerinq Public Libraries Main Branch Claremont Branch Greenwood Branch Petticoat Creek Branch Whitevale Branch The appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: The current Janitorial cleaning contract (3 year term) expires December 31, 2002 with Arsenal Cleaning Systems Ltd. Tenders have been received. Increased costs compared to the present 3 year cleaning contract can be attributed to the escalation in costs to last tender (received in 1999) and the additional cleaning costs for the new Petticoat Creek Library and Community Center. The Manager, Supply & Services, the Director, Operations & Emergency Services, the Division Head, Culture & Recreation and the Chief Executive Officer, Pickering Public Libraries recommend proceeding with the Iow bid submitted by In-Pro Cleaning Systems Ltd. Report OES 50-02 Subject: Tender for Cleaning Services - Tender No. T-14-2002 Date: November 6, 2002 Page 2 Financial Implications: Tendered Amount: T-14-2002 -Tender for Cleaning Services (inclusive of a full time supervisor for a 3 year term) G.S.T. Total Gross Tender Amount G.S.T. Rebate Total Net Tender Amount $ 46O,767.OO $ 32,253.69 $ 493,020.69 ($ 18,430.69) $ 474,590.00 Source of Funds: 2003 Budget: Civic Complex Works Centre East Shore Comm. Centres Libraries 2003 Total 2124-2435 2315-2435 2572-2435 2719-2435 2745-2435 2004 Budget: Civic Complex Works Centre East Shore Comm.Centres Libraries 2004 Total 2124-2435 2315-2435 2572-2435 2719-2435 2745-2435 2005 Budget: Civic Complex Works Centre East Shore Comm. Centres Libraries 2005 Total 2124-2435 2315-2435 2572-2435 2719-2435 2745-2435 $474,590 maximum over 3 years $ 35,103.77 $ 21,424.00 $ 15,553.00 $ 39,931.04 $ 46,184.86 $158,196.67 $ 35,103.77 $ 21,424.00 $ 15,553.00 $ 39,931.04 $ 46,184.86 $158,196.67 $ 35,103.77 $ 21,424.00 $ 15,553.00 $ 39,931.04 $ 46,184.86 $158,196.67 The total cost of the current contract (%8-99) over the past three years amounted to $406,424.84. An increase of costs in the amount of $68,165.16 will be charged accordingly to operating budgets over the next three years. These costs will be budgeted accordingly in future Operating Budgets (2003, 2004, 2005) in order to reflect these increased service and tender costs over the three year term. Report OES 50-02 Subject: Tender for Cleaning Services - Tender No. T-14-2002 Date: November 6, 2002 Page 3 Background: Bids for T-14-2002 were received on Wednesday, October 2, 2002. Twenty-three companies were invited to participate and the City received twelve (12) bids at the time of closing. A copy of the Record of Tenders Opened and Checked at the public tender opening is attached. The Iow bidder, In-Pro Cleaning Systems Ltd., have performed previous work for the City of Pickering to our satisfaction. References have also been checked and are determined to be satisfactory. Equifax Commercial Information for the bidder has been reviewed and is deemed to be satisfactory. The Health and Safety Policy, to be used by this company, Certificate of Clearance- issued by Workplace Safety and Insurance Board (WSIB) and WSIB Cost and Frequency Record (dated October 9, 2002) have all been reviewed by the Co-ordinator, Safety and Training and are deemed to be acceptable. Upon careful examination of all tenders received and relevant documents received (Health & Safety Policy, WSIB Cost and Frequency Record and WSIB Clearance Certificate), the Manager, Supply & Services, the Director, Operations & Emergency Services, the Division Head, Culture & Recreation and the Chief Executive Officer, Pickering Public Libraries recommend the acceptance of the Iow bid submitted by In- Pro Cleaning Systems Ltd. in the tendered amount of $474,590 (including net GST). Attachment: 1. Supply & Services Memorandum dated October 15, 2002 2. Record of Tenders Opened and Checked Prepare~ Stepheq. ReY~n~ d~ Division¥~', Culture & Recreation E~'~ ret(b.E~nt~m a~ Director, OpeYations & Emergency Services Report OES 50-02 Subject: Tender for Cleaning Services - Tender No. T-14-2002 Date: November 6, 2002 Page 4 77 Supervisor, Facilities Operations Cynthia Mearns igring Public Libraries emacher Manager, Supply & Services SR:Ig Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ~--/ . . . ,-,. . TJ, F6m~~/Chief J~lminis~e Officer 0'2- ATT~ENT # ~ TO R, EPOP,'r # 0_.__.~ ~ ~' CORPORATE SERVICES DEPARTMENT MEMORANDUM October 15, 2002 To: Stephen Reynolds Division Head, Culture & Recreation From: Vera A. Felgemacher Manager, Supply & Services Subject: Tender for Cleaning Services Tender No. T - 14 - 2002 Tendering documents for cleaning services at the Pickering Civic Complex, Operations Centre, Eastshore Community Centre and Pickering Libraries, were received and opened on Wednesday October 2, 2002. A total of 23 companies were invited to participate of which 14 picked up a tendering package fora non-refundable fee of $50.00. Two addendums were issued. A mandatory site visit was held on Tuesday, SePtember 24, 2002, 14 bidders signed in and attended of which 12 responded and submitted a tender for this project. A copy of the Record of Tenders Opened and Checked is attached. An advertisement was placed in the Daily Commercial News, the Pickering Community Page and the City Web Page, Purchasing Procedures PUR 010.001, Item 10.03(r) states unit price shall govern and extension will be corrected accordingly, which as been completed. All deposits other than the Iow three bidders have been. returned, as provided for ;in Purchasing Procedures Item 010.0011 Item 10.03(w). SUmmary PST/GST Included Bidder Total After Full Time' Supervisor Tendered Calculation Per Hour $ Amount $ Check $ (exclusive of Tax) In-Pm Cleaning Systems Ltd. Arsenal Cleaning Services Ltd. J & A Building Services Ltd. Concorde Building Services Gaillind Maintenance Limited Kleenway Building Maintenance Services Bi View Building Service Ltd. 417,364.08 417,364.20 12.95 441,734.31 441,734.13 11.68 443,838.60 443,838.60 15.00 478,140.66 478,140.66 11.95 513,856.80 513,856.80 9.50 668,707.20 668,707.20 13.00 915,138.90 915,138.90 13.50 DiVision Head, Culture & Recreation October 15, 2002 Page 2 ?9 Consolidated Service Industries Corp. Impact Cleaning Services Ltd. CG Maintenance & Sanitary Products Inc. o/a Cleaning Solutions Canadian Carpet Cleaning Atlas Maintenance Systems Inc. Deemed irregular and rejected: Revised Form of Tender Page FT-1 and FT-2 not' used not returned with tender submission; bid bond not sufficient. Reference: Information to Bidders, Item Nos. 17, 18 (b), 19, and 22; Purchasing Procedure No. PUR-010-001, Item Nos. 10.04.9(d), 10.04.15 Deemed irregular and rejected: Revised Form of Tender Page FT-1 and FT-2 not used not returned with tender submission. Reference: Information to Bidders, Item Nos. 17, 18 (b), 19, and 22, Purchasing Procedure No. PUR- 010-001, Item No. 10.04.15 Deemed irregular and rejected: Revised Form of Tender Page FT-1 and FT-2 not used not returned with tender submission. Reference: Information to Bidders', Item Nos. 17, 18 (b), 19, and 22, Purchasing Procedure No. PUR- 010-001, Item No. 10.04.15 Unable to bid Unable to bid Pursuant to Information to Bidders Item 21, a copy of the Health and Safety Policy to be used on this project; copy of current NEER, Map or Cost and Frequency Report and Certificate of Clearance from WSIB has been requested of the Iow bidder for review. during the evaluation stage of this tender call. Please state if the documents submitted are acceptable in your Report to Council. Should you require further information from the Iow bidder for review during the evaluation stage, please advise., A copy of this memorandum has been forwarded to Cynthia Mearns, CEO, Pickering Public Library, in order that she can contact Len Hunter directly for the Library's input during the evaluation phase of this process. Tenders are irrevocable for sixty (60) days from October 3, 2002. Division Head, Culture & Recreation 8O October !5, 2002 Page 3 Please review original tenders* and return. Council: (a) Remember to include in your Report to any past work experience with In-Pro Cleaning Systems Ltd., including work location(s) or result of reference check; (b) the appropriate account number(s) to which this work is to be charged to each facility; (c) the budget amount(s) assigned thereto; (d) Treasurer's confirmation of funding; (e) related departmental approvals; (f) any reason(s) why the iow bid of In-Pro Cleaning Systems Ltd. Is not acceptable; and (g) related comments specific to the project. If you require further information, please feel free to contact me. /bt copy for: Ve . her CEO, Picketing Public Library Director, Operations & Emergency Services Supervisor, Facility Operations 0 0 I-ri m__. RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 51-02, concerning the Pickering Recreation Complex Pottery Studio, be received; and That staff be authorized to negotiate an arrangement with Guida Pirita and Ana- Paula Leandro to permit the continuation of the private operation of instructional pottery programs presently being provided to the public at the Pickering Recreation Complex; and That a by-law be enacted' to authorize the execution of a License Agreement for a three year term between Guida Pirita and Ana-Paula Leandro to permit the continuation of the private operation of instructional pottery programs presently being provided to the public at the Pickering Recreation Complex. REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 51 -02 Date: November 11,2002 From: Stephen Reynolds Division Head, Culture & Recreation Subject: Pickering Recreation Complex Pottery Studio - File: CO3000 Recommendation: 1. That Report OES 51-02 be received by Council and; that Staff be authorized to negotiate an arrangement with Guida Pirita and Ana-Paula Leandro to permit the continuation of the private operation of instructional pottery programs presently being provided to the public at the Pickering Recreation Complex. A by-law be enacted to authorize the execution of a License Agreement for a three year term between Guida Pirita and Ana-Paula Leandro to permit the continuation of the private operation of instructional pottery programs presently being provided to the public at the Pickering Recreation Complex. Executive Summary: The Culture and Recreation Division received notice from Jean Timms advising of her intention to terminate her licence agreement of the pottery studio "The Clay Pot" at the Pickering Recreation Complex on December 31,2002. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a new agreement be initiated with Guida Pidta and Aha- Paula Leandro to ensure the pottery studio operation can continue without interruption. Report OES 51-02 Subject: Pickering Recreation Complex Pottery Studio Date: November 11,2002 Page 2 Financial Implications: Revenues: 2003 $700/month x 8 months $ 8,400 2004 $700/month x 8 months $ 8,400 2005 $700/month x 8months $ 8,400 $25,200 $25,200 maximum over 3 years Background: On October 23, 2002, the Culture and Recreation Division received notice from Jean Timms advising of her intention to terminate her licence agreement of the pottery studio "The Clay Pot" at the Pickering Recreation Complex on December 31, 2002. The Clay Pot Pottery Studio has been in operation at the Pickering Recreation Complex since May 1, 1999. On June 25, 2001, the City entered into a renewal licence agreement with Jean Timms for a further term of three years. Jean Timms will be vacating the premises on December 31,2002. The Division Head, Culture & Recreation has been approached by two individuals, Guida Pirita and Ana-Paula Leandro, interested in entering into an appropriate agreement with the City for the purpose of continuing the pottery studio operation. Guida Pidta and Ana-Paula Leandro are members of the Durham Potter's Guild and combined have 19 years of experience in pottery. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a new agreement be initiated with Guida Pirita and Ana- Paula Leandro to ensure the pottery studio operation can continue without interruption. City Council's authorization of a new licence agreement at this time will allow for a smooth transition between the Clay Pot and the new company. We would recommend that the agreement be granted for a term of three years at a rental rate of $700 per month. Enactment of the draft by-law attached will authorize the execution of a License Agreement for a three year term to be prepared in a form acceptable to the City Solicitor in consultation with the appropriate City Departments and existing City practices. Report OES 51-02 Subject: Pickering Recreation Complex Pottery Studio Date: November 11, 2002 Page 3 Attachments: 1. Draft By-law Prepar~ ., Step h n Re,.n.__~.~ol d s Division Head, Culture & Recreation Appr Director, Operations & Emergency Services SR:Ig Attachment Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of Pickering City Coupc~D... , Tl~r~ ~J. Quint, Chief/~'dministrat'iv-'"e~ffi~'er ATTACHMENT# I TO REPORT THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of a Licence Agreement with Guida Pirita and Ana-Paula Leandro for the operation of the pottery studio at the Picketing Recreation Complex Arena. WHEREAS, pursuant to subsection 207(58) of the MunicipalAct, R.S.O. 1990, c. M.45, the Council of the Corporation of the City of Pickering may pass by-laws for the operation and management of places of recreation and similar buildings; AND WHEREAS, the Pickering Recreation Complex is a place of recreation containing a pottery studio therein; AND WHEREAS, Guida Pirita and Ana-Paula Leandro, wish to enter into the said Licence Agreement for a term of three years; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in a form acceptable to the City Solicitor between the Corporation of the City of Pickering and Guida Pirita and Ana-Paula Leandro for the operation of the pottery studio, for a three year term at the Pickering Recreation Complex. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 46-02, concerning Don Beer Arena Snack Bar Concessions, be received; and That a by-law be enacted to authorize the execution of a renewal License Agreement to permit the Pickering Hockey Association Incorporated to continue to operate snack bar concession facilities at Don Beer Arena from January 1, 2003 to December 31, 2005. 88 PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 46-02 Date: November 6, 2002 From: Stephen Reynolds Division Head, Culture & Recreation DATE: November 6, 2002 Subject: Don Beer Arena Snack Bar Concessions Lease Renewal - Pickering Hockey Association Incorporated File: CO3000 Recommendation: That Report OES 46-02 be received by Council and; that A by-law be enacted to authorize the execution of a renewal License Agreement to permit the Pickering Hockey Association Incorporated to continue to operate snack bar concession facilities at Don Beer Arena from January 1, 2003 to December 31,2005. Executive Summary: The Pickering Hockey Association have an existing Licence Agreement to operate the snack bar concession facilities at Don Beer Arena. The Pickering Hockey Association have requested to renew this agreement for three years. The Operations and Emergency Services Department recommend that a renewal agreement be initiated with the Pickering Hockey Association. Financial Implications: Revenues: 2003 $1,200/month x 8 months $ 9,600 2004 $1,200/month x 8 months $ 9,600 2005 $1,200/month x 8 months $ 9,600 $28,800 $28,800 maximum over 3 years Report OES 46-02 Date: November 6, 2002 Subject: Don Beer Arena Snack Bar Concessions Page 2 - Lease Renewal - Pickering Hockey Association Incorporated Background: On August 3, 1999, Council enacted By-law #5540/99 to authorize the execution of a Licence Agreement with the Pickering Hockey Association Incorporated for the operation of the Don Beer Arena Snack Bar Concessions. The Pickering Hockey Association have requested to renew this agreement for the next three years. The renewal agreement allows the Pickering Hockey Association to continue to operate the Don Beer Snack Bar Concessions from January 1, 2003 to December 31, 2005. The Pickering Hockey Association have agreed to an increase in the monthly fee from $800 to $1,200 as a result of the additional third ice pad. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a renewal agreement be initiated with the Pickering Hockey Association. Enactment of the draft by-law attached will authorize the execution of a renewal Licence Agreement for a three year period in the form attached hereto as Schedule A (Authority - Municipal Act, R.S.O 1990, c. M.45, Sections 191(1) and 207 (58)). Attachments: t. Draft By-Law 2. Schedule A ~Stephen,..Reyn~d~ Division ~, Culture & Recreation SR:Ig Attachments Director, Operations & Emergency Services Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of Pickering City~ Co.,~ ,,,4/ Tho"r~a~' J. euir[a/~h~f (°('dministr~'~e.~ffi~er 90 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of a License Agreement between the Corporation of the City of Picketing and the Picketing Hockey Association Incorporated for the operation of a Snack Bar at the Don Beer Arena. WHEREAS, the City is the owner of the Don Beer Arena which contains certain snack bar concession facilities; and WHEREAS, the Pickering Hockey Association has provided its services, on certain terms and conditions to the City to operate the snack bar concession facilities at Don Beer Arena and it is desirable to provide for the continued provision of such services; and WHEREAS, pursuant to the provisions of paragraph 207.58 and 191 of the Municipal Act, R.S.O. 1990, chapter M.45, as amended, the Council of the Corporation of the City of Pickering may pass by-laws for maintaining, operating and managing community recreation centers and arenas, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a License Agreement, in the form attached hereto as Schedule A between the Corporation of the City of Pickering and the Pickering Hockey Association Incorporated for the continued use of the Don Beer Arena. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk ATTACHHENT # 2, TO REPOi[T#.__-~'~" HG-o A SCHEDULE A THIS CONCESSION LIOENOE AGREEMENT made December 2, 2002, pursuant to the provisions of section 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, BETWEEN: THE PICKERING HOCKEY ASSOCIATION INCORPORATED herein called the "PHA", and - OF THE FIRST PART, THE CORPORATION OF THE CITY OF PICKERING herein called the "City", OF THE SECOND PART. WHEREAS the City is the owner of the Don Beer Arena, which contains certain snack bar concession facilities; and WHEREAS, pursuant to the provisions of paragraph 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, the CITY may operate and manage places or recreation, arenas and similar buildings; and WHEREAS the City wishes to retain the PHA to operate on its behalf certain snack bar concession facilities within the Don Beer Arena. NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: DEFINITIONS 1. In this Agreement, the term, (a) Concessions means, the snack bar concession facilities located in the Don Beer Arena; (b) Department means the City's Operations and Emergency Services Department; and (c) Don Beer Arena means the Arena owned by the City and located at 940 Dillingham Road in the City of Pickering. 92 TERM 2. The City hereby grants to the PHA the right to operate an Arena Concession at the Don Beer Sports Arena in space allocated from time to time for that purpose by the Director during the months of September to April, both inclusive, for a period beginning January 1, 2003 and ending December 31,2005, herein called the "term" of this Agreement. FEE 3. For the right granted to it herein, the PHA shall pay to the City the sum of $28,800, payable in equal monthly installments of $1,200 on, the 1st of each of January, 2003 to April 2003, both inclusive, the 1st of each of September, 2003 to April, 2004, both inclusive, the 1st of each of September 2004 to April 2005, both inclusive, the 1st of each of September 2005 to December 2005, both inclusive, or as otherwise may be satisfactory to the Director. OPERATION 4. the PHA, (a) (b) (c) (d) (e) (f) (g) its servants, agents and employees, shall, comply strictly with all applicable by-laws, rules and regulations governing the conduct and operation of the business of the Company and of the City; operate the Concessions during the times and on the days agreed to by the Department; keep accurate books and records of the operation of the Concessions and allow a representative to the City to inspect the books and records; obtain all necessary permits, licenses and approvals; keep the Concessions in good repair and maintain the Concessions and equipment therein and related thereto at a high level of cleanliness; leave the Concessions in a neat and tidy condition at the end of the Term and repair or replace any damages to the Concessions except reasonable wear and tear; obtain the approval of the Department before altering, adding to or varying in any way all or any part of the Concessions, make any (h) (i) (J) approved alteration, addition or variation at the PHA's sole expense, and transfer ownership thereof to the City at the end of the Term; provide a good standard of service to the public patronizing the Concessions, including but not limited to providing uniformed employees to operate the Concessions; keep and offer for sale the types of refreshments and food ordinarily offered in community recreation centres and such other refreshments and food requested by the City to promote a healthy lifestyle, if such request is not unreasonable in the opinion of the PHA; and comply with and conform to certain provisions of the agreement dated June 21,1993 between the City and Coca-Cola Bottling Ltd., which provisions are set out in Schedule A hereto and form part of this Agreement. 93 INSURANCE 5. (1) Prior to occupying the Premises, the Tenant shall, at its own expense, shall provide: (a) comprehensive general public liability insurance, identifying The Corporation of the City of Pickering as an additional insured, including coverage for personal injury, contractual liability, tenant's legal liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at the Premises and the Tenant's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000, which insurance shall protect the Landlord in respect of claims by the Tenant as if the Landlord was separately insured; (b) insurance in respect of fire and other perils covering the leasehold improvements, trade fixtures, furniture and equipment in the Premises for not less than the full replacement cost thereof; and (c) a certificate of insurance coverage in a form satisfactory to the Landlord, prior to the Tenant taking possession of the Premises, which insurance coverage shall be kept in full force and effect throughout the Term of the Lease and any renewal(s) thereof. (2) The Tenant covenants with the Landlord that the Tenant, in its use and occupation of the Premises, will not do or omit or permit to be done or omitted anything which shall cause any insurance premium of the Landlord to be increased, and if any insurance premium shall be so increased, the Tenant shall pay to the Landlord forthwith upon demand the amount of such increase. If notice of cancellation or 94 lapse shall be given respecting any insurance policy of the Landlord or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Premises or any part thereof, the Tenant shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the Landlord and if the Tenant shall fail to do so the Landlord may, at its option, terminate this Lease forthwith by notice in writing and the Tenant shall immediately surrender possession of the Premises to the Landlord and thereupon rent and all other amounts for which the Tenant is liable under this Lease shall be apportioned and paid in full to the date of surrender; provided that the Tenant shall have the right to replace such cancelled insurance at any time prior to the Landlord's notice of termination. LIABILITY OF THE CITY The City shall not be liable to the PHA for any loss of or damage to the Concessions or any equipment or inventory therein or related thereto, whether caused by fire, theft, burglary or otherwise, unless such loss or damage was caused by the negligence of the City, its servants, agents or employees. EARLY TERMINATION 7. (1) Either the PHA or the City may terminate this Agreement prior to its expiry by giving 90 days written notice to the other. (2) If this Agreement is terminated by the City pursuant to subsection (1), all outstanding fees shall immediately become due as if the date of termination were the end of a calendar month. (3) If any outstanding fees are not paid in accordance herewith on early termination or at any other time, the City shall be entitled to retain and dispose of any equipment installed in the Concessions in order to satisfy the outstanding fees and the costs of collecting same. ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF 8. This Agreement is not assignable by the PHA without the consent of the City, which consent may be arbitrarily refused. (2) This Agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 4 95 IN WITNESS WHEREOF the parties herein have hereunto affixed their respective corporate seals attested to by the hands of its authorized officers. SIGNED, SEALED AND DELIVERED THE PICKERING HOCKEY ASSOCIATION THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 96 SCHEDULEA Certain provisions of the Agreement dated June 21, 1993, between the City (herein referred to as the "City") and Coca-Cola Bottling Ltd., (therein referred to as the "Company") 1. For the purposes of this Agreement, (a) "Arenas" means the Arenas located at 940 Dillingham Road; (b) "Event" means any scheduled or rescheduled sporting event, sporting competition or sporting contest conducted in either of the Arenas; (c) "Soft Drink Beverages" means, (i) all carbonated and non-carbonated soft drink beverages; (ii) all syrups from which carbonated and non-carbonated soft drink beverages may be prepared for immediate consumption by the addition of carbonated or non-carbonated water; and all carbonated and non-carbonated fruit drinks, machine-vended fruit juices, potable waters and any other non-alcoholic beverages for immediate consumption, including all syrups and preparations from which the same may be prepared; (d) "Soft Drink Beverages of the Company" means those Soft Drink Beverages which from time to time are manufactured, sold or distributed by the Company; (e) "Soft Drink Dispensing Equipment" means those devices for the dispensing or storage of soft drink beverages more particularly described in Schedule A hereto and such further similar devices supplied by the Company pursuant to this Agreement; (f) "Term" means the term of this Agreement which shall commence at 6:00 am on July 1, 1993 and shall expire at midnight on June 30, 2003. ADVERTISING - HOCKEY SCOREBOARD, TIME-OF-DAY CLOCK AND MENU BOARDS (1) During the Term, the Company shall have the exclusive right to place advertising, at its cost, on the hockey scoreboard, the clock and the menu boards by decorating them in full colour with advertising material for one or more of the Soft Drink Beverages of the Company and may change the advertising material from time to time during the Term. 6 10. (2) The Company shall, at its cost, maintain and repair the advertising in good and attractive order, normal wear and tear only excluded. The City shall not permit any commercial signage or messages other than the advertising material of the Company to be placed on the ice re-surfacing unit, the hockey scoreboard, the clock or the menu boards. The City shall not permit any advertising, promotion or mention of any nature or description, whether visual or oral (including the public address system in the Arenas), of any Soft Drink Beverage which is not a Soft Drink Beverage of the Company in or about the Complex including its structures, hallways, concourses or at any outside entrances to the Complex and regardless of whether or not it is within the view or hearing of any existing or future spectator seat in the Complex, save and except where necessary to describe a team or a member of a team that is sponsored by a Soft Drink Beverage company other than the Company. The City shall not grant to any manufacturer, bottler or supplier of Soft Drink Beverages, other than Soft Drink Beverages of the Company, the right to associate itself or its Soft Drink Beverages with the Complex or any part thereof in any manner directly or by implication. SOFT DRINK DISPENSING EQUIPMENT The City, at its cost, shall keep the Soft Drink Dispensing Equipment in good repair, condition and working order and shall furnish any parts required to keep it in good mechanical and working order. Without the prior written consent of the Company, the City shall not make any alterations, additions or improvements to the equipment; all alterations, additions and improvements made to the equipment shall belong to and become the property of the Company upon the making of the alteration, addition or improvement. The Soft Drink Dispensing Equipment shall be used by the City only in the Complex and shall not be removed therefrom or otherwise disposed of without the prior written consent of the Company. The Company may, at its cost, supply and install such additional or replacement Soft Drink Dispensing Equipment as the Company from time to time considers necessary to service the public demand for Soft Drink Beverages at the Complex at such locations within the Complex as are agreed upon by the Parties; such equipment shall be treated as Soft Drink Dispensing Equipment for the purposes of this Agreement. The City shall at all times during the Term keep all syrup heads of the Soft Drink Dispensing Equipment properly identified with the appropriate trade marks of the 11. 12. 13. Company relating to the Soft Drink Beverages of the Company actually dispensed through the heads. No Soft Drink Beverages (other than fruit juices) may be supplied, sold or distributed in the Complex from soft drink dispensing equipment other than the Soft Drink Dispensing Equipment of the Company. COMPLEX SOFT DRINK BEVERAGE SUPPLY (1) During the Term, the Company shall be the sole and exclusive supplier of Soft Drink Beverages for sale or complimentary distribution in the Complex and all parties from time to time selling or distributing Soft Drink Beverages in the Complex shall purchase for resale or distribution at the Complex only the Soft Drink Beverages of the Company at the Company's then prevailing wholesale prices and trade terms which from time to time may exist, provided always that the said wholesale prices of the Company shall remain competitive with the wholesale prices which are from time to time offered by other manufacturers or distributors of nationally known Soft Drink Beverages. (2) The Company shall provide such brands and quantities of Soft Drink Beverages as it considers necessary to service the public demand thereof at the Complex. Notwithstanding any other provision contained herein, the Company shall not be liable hereunder for failure to supply Soft Drink Beverages due to government action, statute, ordinance or regulation; strike or other labour disturbance or disruption; fire damage; lack of or inability to obtain materials, labour, fuel or supplies; act of God; or any other cause, contingency or circumstance which is beyond the control of the Company. GENERAL 14. The employees, representatives and agents of the Company shall be permitted access to the Complex during normal business hours for any purpose provided for or contemplated in this Agreement. RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 47-02 regarding West Shore Community Centre, be received; and That the draft by-laws be enacted to authorize the execution of a renewal Licence Agreement to permit the Gingerbread Co-operative Nursery School (Pickering) Inc. to continue to operate a co-operative nursery school at the West Shore Community Centre from January 1, 2003 to December 31,2005. i00 PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 47-02 Date: November 6, 2002 From: Stephen Reynolds Division Head, Culture & Recreation Subject: West Shore Community Centre Gingerbread Co-operative Nursery School (Pickering) Inc. Lease Renewal File: CO3000 Recommendation: 1. That Report OES 47-02 be received by Council and; that A by-law be enacted to authorize the execution of a renewal Licence Agreement to permit the Gingerbread Co-operative Nursery School (Pickering) Inc. to continue to operate a co-operative nursery school at the West Shore Community Centre from January 1,2003 to December 31,2005. Executive Summary: The Gingerbread Co-operative Nursery School (Pickering) Inc. have an existing Licence Agreement for the use of West Shore Community Centre. The Gingerbread Co- operative Nursery School (Pickering) Inc. have requested to renew this agreement for the next three years. The Operations & Emergency Services Department recommend that a renewal agreement be initiated with the Gingerbread Co-operative Nursery School (Pickering) Inc. Financial Implications: Revenues: 2003 $336/month x 10 months $ 3,360 2004 $352/month x 10 months $ 3,520 2005 $368/month x 10 months $ 3,680 $10,560 $10,560 maximum over3 years Report OES 47-02 Date: November 6, 2002 Subject: West Shore Community Centre Page 2 - Gingerbread Co-operative Nursery School (Pickering) Inc. 10 i Background: On August 3, 1999, Council enacted By-law #5539/99 to authorize the execution of a Licence Agreement with the Gingerbread Co-operative Nursery School (Pickering) Inc. for the use of the West Shore Community Centre. The Gingerbread Co-operative Nursery School have requested to renew this agreement for the next three years. The monthly fee in the renewal agreement has been increased from $3,200 (based on $20.00 per child for 16 children) to $3,360 (based on $21.00 per child for 16 children)the first year; $3,520 (based on $22.00 per child for 16 children) the second year; and $3,680 (based on $23.00 per child for 16 children) for the third year. The renewal agreement allows the Nursery School to continue to use the West Shore Community Centre, Monday to Friday, 8:30 a.m. to 12:30 p.m. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a renewal agreement be initiated with the Gingerbread Co- operative Nursery School. Enactment of the draft by-law attached will authorize the execution of a renewal Licence Agreement for a three year period (from January 1, 2003 to December 31, 2005) in the form attached hereto as Schedule A (Authority - Municipal Act R.S.O. 1990, c. M.45, Sections 191 (1) and 207 (58)). Attachments: 1. Draft By-Law 2. Schedule A Prepare~ Bye../: Division Head, Culture 8, Recreation Director, Operations & Emergency Services SR:Ig Attachments Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of Pickering City Council //,/ ~ v. ~~ Chief/~ rninist~'a-'~ Office~r ATTACHHENT# J_~,TOREPORT# ©~-'~ ~-C)2. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of a License Agreement with Gingerbread Co-operative Nursery School (Pickering) Inc. for the operation of a Nursery School at the West Shore Community Centre. WHEREAS, as the City runs and operates a community centre known as the West Shore Community Centre in the Fairport Community in the City' of Pickering, and WHEREAS, the School operates a co-operative nursery school and is desirous of using the West Shore Community Centre for the purpose of such operation, and WHEREAS, pursuant to the provisions of paragraph 207.58 and 191 of the Municipal Act, R.S.O. 1990, chapter M.45, as amended, the Council of the Corporation of the City of Pickering may pass by-laws for leasing premises owned by the Corporation, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a License Agreement, in the form attached hereto as Schedule A between the Corporation of the City of Pickering and the Gingerbread Co-operative Nursery School (Pickering) Inc. for the continued use of the West Shore Community Centre. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk ATTACHHENT # 2.. TO REPORT # O C-~ /--j-7 - C) ~ SCHEDULE A THIS LICENCE AGREEMENT made December 2, 2002, pursuant to the provisions of section 207.57 of the Municipal Act, R.S.O. 1990, chapter M.45, BETWEEN: THE GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC. herein called the "School" OF THE FIRST PART, - and - 1 THE CORPORATION OF THE CITY OF PICKERING herein called the "City", OF THE SECOND PART. WHEREAS the City owns and operates a community centre known as the West Shore Community Centre in the Fairport Community in the City of Pickering; and WHEREAS, the School operates a co-operative nursery school and is desirous of using the West Shore Community Centre and associated facilities, for the purpose of such operation; and WHEREAS, the City is prepared to grant a licence to the school to permit it to use the West Shore Community Centre and associated facilities, for such purpose pursuant to certain conditions hereinafter set out; NOW THEREFORE THIS AGREEMENT WlTNESSETH that, in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: DEFINITIONS 1. In this Agreement, the term, (a) Department means the City's Operations and Emergency Services Department; and (b) West Shore Community Centre means the building owned by the City and located at 1011-1015 Bayly Street in the City of Pickering. TERM The City grants the School the exclusive right to use, occupy and operate the School, for a period beginning January 1, 2003 and ending December 31, 2005 (3 year term). FEE NOW THEREFORE, THIS AGREEMENT WlTNESSETH that in consideration of other good and valuable consideration and the sum of Three Thousand, Three Hundred and Sixty dollars ($3,360) (based on $21.00 per child for 16 children) for the 1st year; Three Thousand, Five Hundred and Twenty dollars ($3,520) (based on $22.00 per child for 16 children) for the 2nd year; and Three Thousand, Six Hundred and Eighty dollars ($3,680) (based on $23.00 per child for 16 children) for the 3rd year, one payment being due on the 1st day of January, February, March, April, May, June, September, October, November and December. OPERATION 4. The School, its servants, agents and employees, shall, be allowed to use the West Shore Community Centre and associated facilities, for the purpose of operating a co-operative nursery school as follows: Monday to Friday, inclusive - 8:30 a.m. to 12:30 p.m., local time, from January 1, 2003 to December 31,2005, inclusive. The School shall: (a) provide and pay for all personnel, equipment and supplies for the purpose of its operation of the co-operative nursery school; (b) keep the City free from any costs originating from the operation of the co-operative nursery school; (c) ensure that its operations conclude by 12:30 p.m., local time, Monday to Friday, to facilitate the use of the Community Centre and associated facilities, for other purposes; (d) indemnify the City for any costs, claims or damages resulting from any loss, damage or injury (including loss of life) to any person or property at any time on the premises or comprising the premises used by the School, however such loss, damage or injury may occur; (e) provide ten post-dated cheques, prior to the start of each school season, payable to the City, in the amount set out above, with the executed copies of this Agreement. The City shall: (a) allow the School to use the West Shore Community Centre and associated facilities, for the purpose of operating a co-operative nursery school as follows: Monday to Friday, inclusive - 8:30 a.m. to 12:30 p.m., local time, from January 1, 2003 to December 31,2005. (b) provide the necessary electrical power, heat and other utilities, subject to the provisions of section 5, hereof; (c) provide the School with equipment storage cupboards of adequate size; (d) provide the School with a kitchenette facility for the purpose of providing light snacks for School staff and children; and (e) have the power, through the City's staff, to direct the School's staff when a situation may cause damage to the Community Centre premises. (f) The term of this Agreement shall be from January 1,2003 to December 31, 2005. (g) Either Party to this Agreement may terminate this Agreement at any time during the term hereof upon 90 days written notice to the other. The City's obligations pursuant to this Agreement shall be dependent upon the availability of satisfactory facilities during the term hereof. The School shall not hold the City responsible for, and the City shall not be liable to the School in any manner for, the lack of satisfactory facilities resulting from the City's inability to provide same as a result of acts of God, mechanical failure or other circumstances beyond the City's control. This Agreement and everything contained herein shall not be assignable by either party and shall enure to the benefit of and be binding upon the Parties hereto. INSURANCE 5. (1) Prior to occupying the Premises, the Tenant shall, at its own expense, shall provide: (a) comprehensive general public liability insurance, identifying The Corporation of the City of Pickering as an additional insured, including coverage for personal injury, contractual liability, tenant's legal liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at the Premises (2) and the Tenant's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000, which insurance shall protect the Landlord in respect of claims by the Tenant as if the Landlord was separately insured; (b) insurance in respect of fire and other perils covering the leasehold improvements, trade fixtures, furniture and equipment in the Premises for not less than the full replacement cost thereof; and (c) a certificate of insurance coverage in a form satisfactory to the Landlord, prior to the Tenant taking possession of the Premises, which insurance coverage shall be kept in full force and effect throughout the Term of the Lease and any renewal(s) thereof. The Tenant covenants with the Landlord that the Tenant, in its use and occupation of the Premises, will not do or omit or permit to be done or omitted anything which shall cause any insurance premium of the Landlord to be increased, and if any insurance premium shall be so increased, the Tenant shall pay to the Landlord forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the Landlord or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Premises or any part thereof, the Tenant shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the Landlord and if the Tenant shall fail to do so the Landlord may, at its option, terminate this Lease forthwith by notice in writing and the Tenant shall immediately surrender possession of the Premises to the Landlord and thereupon rent and all other amounts for which the Tenant is liable under this Lease shall be apportioned and paid in full to the date of surrender; provided that the Tenant shall have the right to replace such cancelled insurance at any time prior to the Landlord's notice of termination. LIABILITY OF THE CITY The City shall not be liable to the School for any loss of or damage to the Concessions or any equipment or inventory therein or related thereto, whether caused by fire, theft, burglary or otherwise, unless such loss or damage was caused by the negligence of the City, its servants, agents or employees. EARLY TERMINATION 7. (1) Either the School or the City may terminate this Agreement prior to its expiry by giving 90 days written notice to the other. 4 (2) If this Agreement is terminated by the City pursuant to subsection (1), all outstanding fees shall immediately become due as if the date of termination were the end of a calendar month. (3) If any outstanding fees are not paid in accordance herewith on early termination or at any other time, the City shall be entitled to retain and dispose of any equipment installed in the Concessions in order to satisfy the outstanding fees and the costs of collecting same. ASSIGNMENT, BINDING NATURE AND BENEFIT HEREOF This Agreement is not assignable by the School without the consent of the City, which consent may be arbitrarily refused. (2) This Agreement shall ensure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties herein have hereunto affixed corporate seals attested to by the hands of its authorized officers. SIGNED, SEALED AND DELIVERED their respective GINGERBREAD CO-OPERATIVE NURSERY SCHOOL (PICKERING) INC. THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 42-02 regarding the implementation of parking restrictions during winter months to increase the efficiency and effectiveness of snow clearing operations, be received; and That the attached draft amendment to the City of Pickering Parking By-law #2359/87 be adopted which will thereby prohibit all on-street parking between the hours of 3:00 a.m. to 6:00 a.m. from December 1st to April 1st; and That City staff be directed to ensure that the new regulation is extensively advertised prior to the conditions of the new by-law being enforced. PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 42-02 Date: October 28, 2002 Richard W. Holborn, P.Eng. Division Head Municipal Property & Engineering Subject: Parking Restrictions During Winter Months By-law Recommendation: That Report OES 42-02 regarding the implementation of parking restrictions during winter months to increase the efficiency and effectiveness of snow clearing operations be received; and That the attached draft amendment to the City of Pickering Parking By-law #2359/87 be adopted which will thereby prohibit all on-street parking between the hours of 3:00 a.m. to 6:00 a.m. from December 1st to April 1st; and That City staff be directed to ensure that the new regulation is extensively advertised prior to the conditions of the new by-law being enforced. Executive Summary: As a means to improve roadway safety and provide a more effective and efficient snow clearing operation, it is recommended that the City of Picketing adopt an on-street parking condition which is common in most other Greater Toronto Area (GTA) municipalities. The proposed by-law condition would effectively prohibit all on-street parking between the hours of 3:00 a.m. to 6:00 a.m. from December 1st to April 1st. With this new regulation in place, City snow clearing crews would be able to reduce the amount of time necessary to complete routes while at the same time improve roadway safety by eliminating the piles of snow which become frozen on-street around parked vehicles. This new by-law condition undoubtedly represents a significant change in the access to on-street parking that Pickering residents currently have. Although some residents may view the new regulations as inconvenient and problematic there are many positive aspects to this proposal, which should be taken into account. These improvements include a safer roadway operating environment and a greatly improved City snow- clearing service from both a financial and operational perspective. Given the potential that exists for opposition to the new by-law, it is essential that an extensive advertising and awareness campaign be undertaken, and that the enforcement component be phased-in starting with education and warnings. Report OES 42-02 Subject: Parking Restrictions During Winter Months By-law Date: October 28, 2002 Page 2 Financial Implications: It can be expected that the City will realize a cost saving from the implementation and enforcement of the proposed parking restrictions during winter month's by-law. Initially there will be a small cost to extensively advertise the new regulation but as residents become more aware of the new by-law, the snow clearing operation will be able to be performed much more effectively and efficiently. From an operational perspective alone savings may be recognized related to less staff overtime, fuel consumption and wear and tear on vehicles and snow removal equipment. A certain amount of revenue will also be generated from the enforcement of related on-street parking infractions. Most of the costs related to the advertising component can be minimized through the utilization of existing City staff resources and the various promotional and media channels that are currently available. It is therefore expected that the cost to make the public aware will be minimal. A cost, estimated at $1500 will be incurred to add one panel on our City entry signs to reflect the new by-law regulations. The existing signs indicate that on-street parking is only prohibited during snow clearing operations. Background: Due to a number of difficulties that were experienced with the clearing of snow from the roadways last winter because of parked cars, a series of meetings were held in March and April of 2002, to discuss the feasibility of eliminating all on-street parking during the more prevalent times of plowing operations. A general condition currently exists in the City of Pickering parking by-law which prohibits any person from stopping a vehicle on-street such that it interferes with the movement of traffic or the clearing of snow, however, this condition is in-effective and difficult to enforce due to the high number of vehicles that are regularly parked on-street, and the interpretation of the wording. Further investigation and discussion on the topic has indicated that most of the urban municipalities in and around the Greater Toronto Area (GTA) have implemented a specific parking by-law to deal with this matter. The by-law basically eliminates all on- street parking during the traditional snow clearing times in the winter months which are typically between the hours of 3:00 a.m. and 6:00 a.m. from December 1st to April 1st. These by-law regulations are widely regarded as a very effective tool to increase the level of service (efficiency and effectiveness) provided by the municipal snow removal crews. A poll of the municipalities within Durham Region has confirmed that a by-law restricting parking during winter months presently exists in each municipality with the exception of the Town of Whitby, with slight variations to the times and dates of parking prohibition. It was also noted during the review of the practices of our neighbouring municipalities that the conditions of the by-law are strictly enforced in order for it to be effective and to retain its integrity. Report OES 42-02 Subject: Parking Restrictions During Winter Months By-law Date: October 28, 2002 Page 3 The implementation of such a by-law condition will have significant impacts on those residents who currently have insufficient off-street parking or for those residents who park on-street for convenience reasons. Although there will be some opposition to the new regulation it should be made aware to residents that very strict by-laws are commonplace in all of our neighbouring municipalities. With proper promotion and education outlining the necessity for this by-law, however, it is expected that most residents will comply with the conditions. Attachments: 1. Draft By-law Amendment Prepared By: Step"h---~ Brake Supervisor Traffic Engineering & Waste Management Submitted By: Appro~ Everett B u h'~., Director By: ma Operations & Emergency Services ~R~chard w.-,14'olborn {Division Head ~¢~unicipal Property & Engineering Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City. Council T, Ho~as J. Q~nn, Chi6~Admir~i~'~t~~.~ ATTACHHENT# I .~v "1"O REPORT#-0 P-'~ ~ , of I _ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to amend By-Law Number 2359/87 (Parking) to regulate parking, standing, and stopping on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering and on private and municipal property. WHEREAS the Council of the Corporation of the City of Pickering enacted By-Law Number 2359/87 on January 19, 1987 to regulate parking on private and public property in the City of Pickering; and WHEREAS By-Law 2359/87, as amended does not provide adequate provisions to allow for the streets to be cleared during snow and ice removal operations. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Section 3 of By-Law Number 2359187, as amended, is hereby further amended by adding thereto the following paragraph: Section 3 (11) - No person shall on any highway park any vehicle between the hours of 3:00 a.m. to 6:00 a.m. from December 1st in any year to April 1st in the next following year. BY-LAW read a first, second and third time and finally passed this 2nd day of December 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk I'I(-TK F. Ri N(-~ 1]..3 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 54-02 regarding a proposed amendment of the stop sign by- law #2632/88 be received; and That the attached draft by-law be enacted to amend Schedule 'A' to By-law #2632/88 authorizing the erection of stop signs at certain intersections within the City. 1!4 PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 54-02 Date: October 18, 2002 Richard W. Holborn, P.Eng. Division Head Municipal Property & Engineering Subject: Stop Sign By-law Amendment - Sheppard Avenue at Rosebank Road (West Intersection) Recommendation: That Report OES 54-02 regarding a proposed amendment of the stop sign by- law #2632/88 be received; and That the attached draft by-law be enacted to amend Schedule 'A' to By-law 2632/88 authorizing the erection of stop signs at certain intersections within the City. Executive Summary: Not Applicable Financial Implications: The manufacture and installation of regulatory stop signs, accessory tabs, applicable warning signs and pavement markings costing approximately $1500.00 can be accommodated within the Roads current budget account 2320-2409. Background: Rosebank Road intersects with Sheppard Avenue at two locations presenting a condition commonly known as a "jogged intersection. Each year the west intersection ranks high in terms of collision experience on City streets with five (5) or more collisions reported. It is expected that the frequency and the severity of the collisions will rise in the near future as traffic volumes and delays continue to increase. Rosebank Road between Old Forest Road and Sheppard Avenue was reconstructed to full urban standards in 1998. During this period of construction, it was expected that the intersection of Rosebank Road at Sheppard Avenue would be realigned to eliminate the jog in the intersection allowing for the future installation of a traffic control signal. Unfortunately, however, the realignment did not occur as the City was unsuccessful with its bids to purchase the necessary property from a few residents who live along the west side of Rosebank Road, south of Sheppard Avenue. The separation distance between the offset north and south legs of Rosebank Road Report OES 54-02 Subject: Stop Sign By-law Amendment Date: October 18, 2002 Page 2 currently exceed the maximum allowable to coordinate the proper phasing of a traffic control signal. Although warrants have currently been met confirming the need for a signal at this location, the mandate and necessary capital budgets to purchase properties for the intersection realignment and to build the traffic control signal presently do not exist. Given that both Sheppard Avenue and Rosebank Road are classified and function as Type 'C' Arterial roadways, the traffic volumes entering the intersection are high and the operating speeds on Sheppard Avenue are typically in the range of about 60 km/h. Due to the volumes and speeds that are present, the high collision rate at the intersection can be expected to remain without the implementation of improved levels of traffic control. In an effort therefore to improve safety for both motorists and pedestrians alike, it is recommended that an all-way (3-way) stop condition be imposed at the west intersection of Sheppard Avenue at Rosebank Road to better regulate the right-of-way between conflicting traffic movements. While it is recognized that this recommendation is in contravention of the current moratorium on all new stop signs, safety is of prime importance and it is presently being compromised. It must be noted that an all-way stop may create other problems such as extensive queuing on Sheppard Avenue and lengthy delays for northbound traffic on the east leg of Rosebank Road, but the all-way stop should be considered an interim measure only. Efforts must continue to acquire the necessary property to proceed with the future realignment of Rosebank Road and the construction of a traffic control signal. Although this interim solution may create operational problems including insufficient gaps for northbound Rosebank Road traffic and extensive vehicle queuing along Sheppard Avenue, the stop signs may represent the only short-term viable solution to improve traffic safety in this area. Attachments: Location Map Draft By-law Amendment Prepared By: S t el~'b'~'~ Brake Supervisor Traffic Engineering & Waste Management Ever6Zt-t~unts~_.¢/v-'~ Director Operations & Emergency Services Report OES 54-02 Subject: Stop Sign By-law Amendment Date: October 18, 2002 Page 3 Submitted By: R~l~ard W-./fl°ll~orn ~ivision He"ad Municipal Property & Engineering Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council T, iff'~rr~s J. Ouinn, ~hief ,~ninistra~h~ Offi~r 2 ATTACHMENT#.-L ' [:' REPOg] ~_0..~ 5~-o ~ AUTUMN CR~S. ~ ~ O O ' EXISTING STOP SIGN ~..... LOCATIONS -. AVENUE ~ SHEPPARD AVENUE PROPOSED ~ DRIVE C Q SUNDOWN AYLIG ~ PLACE RAINY D, ~i I O STEEPLE o l OPE~TIONS & EMERGENCY SERVICES DEPARTMENT ~ ~ ~,~,~,~o,~=~ T~FFIC REPORT ENGIN~BRING DIVISION ~ ~:~ooo .~Oo~ .... ~,~oo~": .OCA~ON o..RO.OSED S~O. S~NS PICKlinG ATTACHI"IENT# ¢O~... TOP, EPOR, T# 06'.% THE OORPORA~ OF PICKERING BY-LAW NO. Being a by-law to amend By-law 2632/88 WHEREAS pursuant to the Municipal Act, R.S.O. 1990, Chapter H.8, the Council of The Corporation of the City of Pickering may by By-law 2632/88 the council of a municipality may by by-law provide for the erection of stop signs at the intersections on highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Stop sign shall be erected at the intersection of highways set out in Column I of Schedule A attached hereto, facing the traffic bound in the directions set out in Column II of the Schedule. Schedule A to By-law 2632188, as amended, is hereby amended by adding thereto the following items: Column I Intersections Sheppard Avenue and Rosebank Road Column II Facin.q Traffic Eastbound and Westbound on Sheppard Avenue This by-law shall not come into force unless it is approved by the Council of the Regional Municipality of Durham pursuant to the Regional Municipality of Durham Act, R.S.O. 1990, Chapter R.8, section 34. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk PICK El41 N(; RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 48-02 regarding the installation of automatic railway crossing gates, be received; and That Council approve an expenditure of $33,000 from the $100,000 allocation for cost shared improvements within the 2002 Operations & Emergency Services Capital Budget to provide for the City's share of the total costs to install railway crossing gates at the Toronto/Pickering Townline Road and Rosebank Road level crossings of the Canadian Pacific Belleville Subdivision Railway Line; and That Council direct staff to investigate the future feasibility of prohibiting locomotive whistling at the Toronto/Picketing Townline Road and Rosebank Road level crossings and to report back on the matter. PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 48-02 Date: November 7, 2002 Richard W. Holborn, P.Eng. Division Head Municipal Property & Engineering Subject: Railway Crossing Gate Installations - Canadian Pacific Belleville Subdivision Line - Rosebank Road & Toronto/Pickering Townline Road Crossings Recommendation: That Report OES 48-02 regarding the installation of automatic railway crossing gates be received; and That City Council approve an expenditure of $33,000 from the $100,000 allocation for cost shared improvements within the 2002 Operations & Emergency Services Capital Budget to provide for the City's share of the total costs to install railway crossing gates at the Toronto/Pickering Townline Road and Rosebank Road level crossings of the Canadian Pacific Belleville Subdivision Railway Line; and That City Council direct staff to investigate the future feasibility of prohibiting locomotive whistling at the Toronto/Pickering Townline Road and Rosebank Road level crossings and to report back on the matter. Executive Summary: An opportunity currently exists to partner with Transport Canada and the Canadian Pacific Railway on the installation of automatic railway crossing gates at the Toronto/Pickering Townline Road and Rosebank Road level crossings of the Belleville Subdivision Railway Line. Not only do the automatic gates improve crossing safety but they will also provide the City with the future opportunity to pass a municipal by-law possibly allowing the cessation of the sounding of locomotive whistles. As residential development continues to encroach upon these crossing locations it can be expected that more frequent requests will be made by residents for sound controls. The present arrangement will see the majority of the funding for the gates, 87.5% of the total installation cost being bourne by the Railway and Transport Canada. Financial Implications: The installation of automatic railway crossing gates at the Toronto/Picketing Townline Road and Rosebank Road level crossings of the Canadian Report OES 48-02 Subject: Railway Crossing Gates Date: November 7, 2002 Page 2 121 Pacific Belleville Subdivision Railway Line are estimated to cost approximately $152,100 and $181,400, respectively. Transport Canada has offered grants for these installations, which will fund up to a maximum of 80% of the total cost. The remaining 20% of the installation must be split at legislated rates of 7.5% for the Railway and 12.5% for the Municipalities. The resulting estimated cost to the City of Pickering will therefore be $9,506.25 for the Toronto/Pickering Townline Crossing and $22,675 for Rosebank Road, or a total of $32,181.25. The cost for the Toronto/Pickering Townline Road crossing is significantly less than the Rosebank Road crossing, as the charge will be equally split between the City of Toronto and the City of Pickering at 6.25% each. In the 2002 Capital Budget Roads 2320-6003, Council approved $100,000 as the City's share to enter into a cost sharing arrangement for road improvements. It is recommended that some of the funds be used. The City of Pickering will also be responsible for an equal share of the increased annual maintenance costs associated with crossing gates. The City's share of the maintenance costs over what is currently paid without gates will be approximately $250 annually for the Toronto/Pickering Townline crossing and $500 annually for the Rosebank Road crossing. These funds are budgeted for annually in account 2320- 2409. Background: In July of 2002, officials from Transport Canada, Canadian Pacific Railway, the City of Toronto and the City's Municipal Property & Engineering Division met to review the proposal to install automatic crossing gates at the Toronto/Pickering Townline Road and Rosebank Road level crossing locations of the Canadian Pacific Belleville Subdivision Railway Line. A location map is attached and the crossings are shown as point 1 and point 3 respectively. Each crossing review typically assesses such existing and future conditions as traffic volumes, collision history, railway line geometry, double track configurations, limited crossing visibility sightlines, high mainline maximum train speeds, future increases in rail line usage and the continued encroachment of adjacent development. It was also noted during the meeting that crossing gates were being approved for the Beam Road and Reesor Road crossings in the City of Toronto along the same line and as an economy of scale it would be prudent to install gates at the Toronto/Picketing Townline Road and Rosebank Road crossings at the same time. In September of 2002, estimates were received from Canadian Pacific Railway that outlined the total cost of the proposed works and the conditions that would need to be fulfilled to proceed with the installations. Grants provided by Transport Canada are expected to be approved and will fund up to a maximum of 80% of the total cost to install gates at the two crossing locations. The designs provided by Canadian Pacific Railway confirm total estimated installation costs of $152,100 for the Toronto/Pickering Townline Road and $181,400 for the Rosebank Road crossing. The remaining 20% of the total cost must be split at rates of 7.5% for the Railway and 12.5% for the respective municipalities. The estimated cost to the City of Pickering will therefore be $22,675 for Report OES 48-02 Subject: Railway Crossing Gates Date: November 7, 2002 Page 3 Rosebank Road and $9,506.25 for the Toronto/Pickering Townline Road crossing as the 12.5% cost will be split equally with the City of Toronto. The total financial obligation to the City of Pickering is estimated at $32,181.25 for both locations. Quite frequently the request for railway crossing gates originates from the complaints of nearby residents about the sounding of the locomotive whistle. Although this has not been the premise of the investigation on this occasion, the installation of fully automatic crossing gates at the Toronto/Pickering Townline Road and Rosebank Road crossings will provide the City with the future opportunity to pass a By-law allowing for the possible cessation of the train whistle at each location. If the City decides to take this approach in the future, the By-law must be accepted by Transport Canada subject to a review of existing safety conditions where after an order will be issued to discontinue the locomotive whistling upon approach to the crossings. Since inherent safety risks will remain at each crossing following the discontinuance of the train whistle, it is the policy of the Canadian Pacific Railway that the Municipality be required to share the costs of third party liability insurance. This opportunity will be investigated upon the direction of City Council and the completion of the Railway crossing gates. The approval of the Railway's 7.5% share of the funding has been confirmed. In order for the Canadian Pacific Railway to proceed with the ordering of the necessary materials and to install the gates at the Toronto/Pickering Townline Road and Rosebank Road crossings, the approval of funds will be required from the 2002 Operations and Emergency Services Capital Budget. Attachments: 1. Location Map Prepared By: Stephen Brake Supervisor, Traffic & Waste Management Approved / Endorsed Everett Director, Operations & Emergency Services Report OES 48-02 Subject: Railway Crossing Gates Date: November 7, 2002 Page 4 173 Submitted By: ~.'chard V~/H~lborn /Division Head, ( Municipal Property & Engineering C S B: c.b,..,~a,,,.TO-To,~,.e ~ Ro..ba.k, Be,,.~,,~ sub Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ;FI~'~'J. Ouir~, Chief ~dminis~ ATTACHMENT#.--..L-- TO REPORT# ~s I,~f~ ..... YNOI~V OVO~ YNO.L-I¥ 0 C) 0 O0 W r O/NO~O~IO 1 ICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 57-02 Date: November 12, 2002 125 From: Richard Holborn, P.Eng. Division Head, Municipal Property & Engineering Subject: O.J. Muller Landscape Contractor Ltd Renewal of Lease Agreement Recommendation: That a by-law be enacted to authorize the execution of a lease agreement with O.J. Muller to lease those lands consisting of a stone house and 6.074 acres, to use and occupy the property or the premises to cultivate the land for cash and to store market nursery stock. The property and premises are located on Brock Road North, Pickering, and compromising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012. 2. That the Mayor and Clerk be authorized to give effect hereto. Executive Summary: Not applicable Financial Implications: FINANCIAL IMPLICATIONS: Rent for 2003 $1,500/month x 12 = Rent for 2004 $1,500/month x 12 = Plus G.S.T. Business taxes $18,000 $18,000 $36,000 (to be determined) Background: The subject property was deeded to the City as part of an agreement with Veridian Connection (formerly known as Pickering Hydro Electric Commission) in November 1999. ]L 26 Report OES 57-02 Subject: O.J Muller Landscape Contractor Ltd. Renewal of Lease Agreement Date: November 12, 2002 Page 2 The property is presently used as a nursery for a landscape business and the home on the property is used for residential purposes. Much of the property is natural woodlot ancillary to the residential and nursery use. The lease is generally similar to other leases of land in the vicinity owned by the City of Pickering. The term of lease is 2 years, which will result in this lease terminating on the same date as other leases of land in the immediate vicinity owned by the City. The rent being recommended is the same to what the tenant was paying in 2002. Any increase will require further notification to the tenant. The Department of Operations & Emergency Services recommends approval of the lease agreement as it is presented. Land values are similar to other City owned properties in the area (approximately $6,000/acre). Attachments: 1. By-Law 2. Location Map 3. Lease Agreement Report OES 57-02 Subject: O.J Muller Landscape Contractor Ltd. Renewal of Lease Agreement Date: November 12, 2002 Page 3 Prepared By: ~.'chard Hol~rn P.Eng. /Division Head Municipal Property & Engineering ~Evere. ff Bu¢_~, Director Operations & Emergency Services Department BK: Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ~' -- . Q,a'inn, O~ief A~i,inis~r~tive Of~cer ATTACHIMENT#..-..L,, 'T'O REPORT# i i THE CORPO~dF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Picketing and O.J. Muller Landscape Contractor Ltd. for the leasing of those lands consisting of a stone house and 6.074 acres located on Brock Road North, Picketing, and comprising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012. WHEREAS pursuant to the provisions of subsection 191 (1) Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the City of Pickering may by by- law lease premises owned by the Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and clerk are hereby authorized to execute a Lease Agreement in the form acceptable to the City Solicitor for a three (2) year term ending December 3t, 2004, between the Corporation of the City of Pickering and O.J. Muller Landscape Contractor Ltd. BY-LAW read a first, second and third time and finally passed this 2nd day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk ._..L_~ o~?..L-- OPERATIONS&EMERGENCY SERVICES DEPARTMENT ~,,.,,.,,c,,.^,_,..o,.E,~-,-,,. 2710 BROCK ROAD ENGINEERING DIVISION scsi: 1:7500 ~)6~/EMBER 13/2002 REPORT TO COUNCIL L.' l /~PondE \ Thernotlc Mopp/ng \Mops \ MPc~E - Adrnln \ Report I30, .ATTACHMENT~ T'OREPOP, T:~ C,~,~ ~ I , TH-iS LEASE made pursuant' to the provisi¢== cf ~=cctlcn 191(1) o£th¢ Municipal Act, R.S.O. 1990, chapter MAS, as of the 1st day of Sanum-y 2003. BETWEEN: THE CORPORATION OF THE CITY OF PICKERING herein called the "Landlord" OF THE FIRST PART, O.J. MULLER LANDSCAPE CONTRACTOR LTD. herein called the "Tenant" OF THE SECOND PART. In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as follows: 1. LEASE AND TERM 3o The Landlord hereby leases to the Tenant those lands consisting of a stone house and 6.074 acres located on Brock Road North, Picketing, and comprising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012 (herein called the "Premises"), for a term (herein called the "Term") commencing on the 1st day of January 2003 and expiring on the 31a day of December 2004 unless the Term is earlier terminated. The mount of the rent payable by the Tenant to the Landlord monthly and every month during the Term is: January 1, 2003 - December 31, 2003 January 1, 2004 - December 31, 2004 $1,500 / month $1,500 / month Plus G.S.T. (2) Place and Manner of Payment Each payment of rent shall be paid by the Tenant to the Landlord in advance, on the first day of the month, in lawful money of Canada, at the address of the Landlord set out in section 18(3) or at such other place as the Landlord shall from time to time deslgnate, and the Landlord may require the Tenant to provide post-dated cheques for this purpose. GENERAL COVENANTS (1) The Landlord covenants with the Tenant: (2) (a) for quiet enjoyment; and (b) to observe and perform all covenants and obligations of the Landlord herein. The Tenant covenants with the Landlord: '(a) to pay rent; and (b) to observe and perform all covenants and obligations of the Tenant herein. ATTACHM£NT# ,,, 5 7~.L: USE AND OCCUPANCY OF PREMISES The Tenant covenants with the Landlord: .5,,, (a) Conduct of Business To use and occupy the property or the Premises during the Term, to cultivate the land for cash crops and to store and market nursery stock, which would include natural stone, packaged peat moss and other related landscape materials. The outdoor storage area for these materials are to be in a location that would not be visible from the road. The Tenant covenants to not use the property or Premises for any use that is in contravention of any ordinance or law; (b) Hours of Operation and Illumination To carry on the business only between the hours of 5:30 a.m. and 12:00 midnight, local time, and not to illuminate any sign or any part of the Premises not contained within a building or structure, except for security purposes, between 12:01 a.m. and 5:30 a.m., local time; (c) Business Name To c~y on business on the Premises under the name and style of O.J. Muller Landscape Contractor and under no other name or style unless approved in writing by the Landlord; (d) Appearance, etc. of Premises To maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the business required to be carried on therein and comparable with the standards of the best such business, and in so doing, to keep the Premises orderly, tidy, clean and clear of all refuse; and (e) By-Laws To comply at its own expense with all municipal, federal and provincial sanitary, fire and safety laws, regulations and requirements pertaining to the occupation and use of the Premises, the conditions of the Leasehold Improvements, trade fixtures, furniture and equipment installed by or on behalf of the Tenant therein and the making by the Tenant of any repairs, changes or improvements {herein. TAXES (1) Payment by Tenant The Tenant covenants with the Landlord to pay promptly when due to the taxing authority or authorities having jurisdiction, all taxes, rates, duties, levies and assessments whatsoever, whether municipal, parliamentary or otherwise, levied, imposed or assessed in respect of the Premises and any and every business carried on in the Premises by the Tenant, or in respect of the use or occupancy thereof (including licence fees and including, without limitation, any G.S.T. and business taxes which may be applicable). 13i UTILITIES The Tenant covenants with the Landlord that the Tenant will pay all gas, oil, water, hydro, sewer and electric light charges in connection with the Premises. LICENCES, ASSIGNMENT AND SUBLETTING (1) Licences The Tenant shall not permit any part of the Premises to be used or occupied by any persons other than the Tenant and the employees of the Tenant, or permit any part of the Premises m be used or occupied by any licensee or concessionaire, or permit any persons to be upon the Premises other than the Tenant, its employees, customers and others having lawful business with it. (2) ^TTACHgqENT# Assignment and Subletting The Tenant shall not assign this Lease or sublet all or any part of the Premises. SIGNS (a) The Tenant shall be permitted to maintain an identification sign at or near the frontage of the Premises on Brock Road. Such sign shall contain only the name or style under which the Tenant is required to carry on business under the provisions of this Lease unless the Landlord shall otherwise approve in writing. (b) Such sign, including the size, location, arrangement and type of lettering, its colour, illumination and all its other appearance and design features shall be subject to the prior written approval of the Landlord. (c) The Tenant shall not paint, display, inscribe; place or affix any sign, symbol, notice, lettering or display of any kind anywhere outside the Premises or within the Premises so as to be visible from the outside of the Premises with the exception of lawful signs erected on the Tenant's lands adjacent to the Promises, except with the prior written consent of the Landlord. (d) Should the Landlord at any time object to any sign, symbol, nOtice, lettering or display either affixed to or visible from the outside of the Premises, the Tenant shall remove the same forthwith upon request. ABANDONED PROPERTY The Landlord may sell, retain for the Landlord's own use or otherwise dispose of the property of the Tenant left in the Premises if the Tenant has vacated the Premises. 10. DEATH OF A TENANT If the Tenant dies and there are no other tenants of the Promises, the tenancy shall be deemed to be terminated 30 days after the death of the Tenant. 11. LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES ' (1) Defmition of Leasehold Improvements For purposes of this Lease, the Term "Leasehold Improvements" includes without limitation all fixtures, improvements, installations, alterations and additions from time to time made, erected or installed by or on behalf of the Tenant in or on the Premises, and whether or not moveable, with the exception of trade fixtures, furniture and equipment not of the nature of fixtures. (2) Installation of Improvements and Fixtures The Tenant shall not make, erect, install or alter any Leasehold Improvements or trade fixtures, including lighting, in or on the Premises without having first obtained the Landlord's written approval. The Tenant's request for any approval hereunder shall be in writing and accompanied by an adequate description of the contemplated work and, where appropriate, working drawings and specifications thereof. All work to be performed on the Premises shall be performed by competent contractors and subcontractors of whom the Landlord shall have approved, such approval not to be unreasonably withheld. All such work shall be subject to inspection by and the reasonable supervision of the Landlord, and shall be performed in accordance with any reasonable conditions or regulations imposed by the Landlord and completed in a good and workmanlike manner in accordance with the description of work approved by the Landlord. (3) Liens ~d Encmbr~ces on ~provements ~d F~es In connection with the making, erection, installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or for the Tenant in or on the Premises, the Tenant shall comply with all the provisions of the Construction Lien Act, and other statutes fi:om time to time applicable thereto, including any provision requiring or enabling the retention by way of hold-back of portions of any sums payable, and except as to any such hold- back shall promptly pay all accounts relating thereto. The Tenant shall not create any mortgage, conditional sale agremnent or other encumbrance in respect of its Leasehold Improvements or, without the consent of the Landlord, with respect to its trade fixtures nor shall the Tenant take any action as a consequence of which any such mortgage, conditional sale agreement or other encumbrance would attach to the Premises or any part thereof. If and whenever any mechanics' or other lien for work, labour, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable or claims therefore shall arise or be filed or any such mortgage, conditional sale agreement or other encumbrance shall attach, the Tenant shall within twenty (20) days after receipt of notice thereof procure the discharge thereof, including any certificate of action registered in respect of any lien, by payment or giving security or in such other manner as may be required or permitted by law, and failing which the Landlord may in addition to all other remedies hereunder avail itself of its remedy under section 12 hereof and may make any payments required to procure the discharge of any such liens or encumbrances, shall be entitled to be reimbursed by the Tenant as provided in section 12, and its fight to reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off or defence. This subsection shall not prevent the Tenant fi:om mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixtures. (4) Removal of Improvements and Fixtures (a) All Leasehold Improvements, trade fixtures, furniture and equipment shall be removed by the Tenant fi:om the Premises either during or at the expiration or sooner termination of the Term. Such removal shall be at the expense of the Tenant. (b) The Tenant shall, in the case of every removal either during or at the end of the Term, make good at the expense of the Tenant, any damage caused to the Premises by the installation and removal of all Leasehold Improvements, trade fixtures, furniture and equipment. 12. INSURANCE AND LIABILITY (1) Tenant's Insurance The Tenant shall take out and keep in force during the Term: . (a) comprehensive insurance of the type commonly called general public liability, which shall include coverage for personal liability, contractual liability, tenants' legal liability, non-owned automobile liability, bodily injury, death and property damage, all on an occurrence basis with respect to the business carried on in or from the Premises and the Tenant's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than Five Million Dollars ($5,000,000), or such other amount as the Landlord may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; and (b) insurance against such other perils and in such amounts as the Landlord may from time to time reasonably require upon not less than 90 days written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of similar properties. 1 4 13. ATTACHVIENT# -~] ,, TOREPORT# ?;,'=,~ ~:~" All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the Landlord or the agents or employees of the Landlord, and shall also contain an undertaking by the insurer that no material change adverse to the Landlord or the Tenant will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the Landlord of the intended change, lapse or cancellation. The Tenant shall furnish to the Landlord, if and whenever requested by it, certificates or other evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant and its renewal er continuation in force, together with evidence as to the method of determination of full replacement cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and equipment, and if the Landlord reasonably concludes that the full replacement cost has been underestimated, the Tenant shall forthwith arrange for any consequent increase in coverage required hereunder. If the Tenant shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the Landlord pursuant to the preceding sentence are unacceptable to the Landlord or no such evidences are submitted within a reasonable period after request therefore by the Landlord, then the Landlord may give to the Tenant written notice requiring compliance with this section and specifying the respects in which the Tenant is not then in compliance with this section. I/the Tenant does not, within 72 hours or such lesser period as the Landlord may reasonably require having regard to the urgency of the situation, provide appropriate evidence of compliance with this section, the Landlord may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance which the Tenant shall have failed to obtain, without prejudice to any other fights of the Landlord under this Lease or otherwise, and the Tenant shall pay all premiums and other expenses incurred by the Landlord in that connection as additional rent pursuant to section 12 hereof. (2) Limitation of Landlord's Liability The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to the Tenant or its employees, invitees or licensees or any other person in, or about the Premises. (3) Indemnity of Landlord The Tenant shall indemnify and save harmless the Landlord in respect off (a) all claims for bodily injury or death, property damage or other loss or damage arising from the conduct of any work by or any act or omission of the Tenant or any agent, employee, contractor, invitee or licensee of the Tenant, and in respect of all costs, expenses and liabilities incurred by the Landlord in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto; Co) any loss, cost, expense or damage suffered or incurred by the Landlord arising from any breach by the Tenant of any of its covenants and obligations under this Lease; and (c) all costs, expenses and reasonable legal fees that may be incurred or paid by the Landlord in enfoming against the Tenant the covenants, agreements and representations of the Tenant set out in this Lease. RULES AND REGULATIONS The Tenant further covenants with the following: (a) To return all keys for the Premises prior to the termination of this Lease; Co) (c) To provide to the Landlord with particulars of all automobiles (which term includes passenger vans and light tracks) to be parked on the Premises and to comply with all by-laws related thereto; The water closets and other water apparatus shall not be used for any purpose other then those for which they were constructed and no sweepings, garbage, rubbish, rags, ashes or other substances shall be thrown therein. Any damage resulting to them from misuse or from unusual or unreasonable use shall be borne by the Tenant who or whose family, guests, visitors, servants, clerks or agents shall cause it; ATTACNHENT# , i/;' TOREPORT# ,.: ,,: '~, ~" : ~ (d) All awnings or shades over and uuCqd~°~l' 11,~ windows desired by Tenants shall be erected at their own expense: they must be of such shade, colour, material and make as may be prescribed by the Landlord and shall be put up under the direction of the Landlord or his agents; (e) The Tenant must observe strict care not to allow their windows to remain open so as to admit rain or snow. For any injury caused to the property of the Landlord by such carelessness the Tenant neglecting this rule will be held responsible; (f) No additional locks shall be placed upon any door of the Premises, without the written consent of the Landlord wh/ch shall be endorsed hereon; (g) No Tenant shall do, or permit anything to be done in said Premises or bring or keep anything therein which will in any way increase the risk of fire or the rate of fire insurance on the Premises, or on property kept therein, or conflict with any of the rules and ordinances of the Board of Health 0r with any statute or municipal by-law; (h) Nothing shall be placed on the outside of window sills or projections; (i) The water shall not be left running unless in actual use in the leased Premises; spikes, hooks, screws or nails shall not be put into the walls or woodwork of the building; 0) If the Tenant desires telegraphic or telephone connections, the Landlord or his agents will direct the electricians as to where and how the wires are to be introduced and without such direction no boring or cutting for wires will be permitted. If the Tenant desires to install, add to or alter, gas or electric light fittings, for lighting the Premises the Tenant must arrange with the Landlord fo~ the necessary connections and no gas pipe or electric wires will be permitted which has not been authorized in writing by the Landlord or his agents; (k) No auction sale shall be held in the Premises without consent in writing of the Landlord; (1) No stores of coal or any combustible or offensive goods, provisions or materials shall be kept upon the Premises; (m) That no assent or consent to changes in or waiver of any part of this agreement in spirit or letter shall be deemed or taken as made, unless the same be done in writing and attached to or endorsed hereon by the Landlord or his agents; (n) Hardwood floors must be kept clean, waxed and polished at the expense of the Tenant; (o) No heavy furniture shall be moved over floors of flat, halls, landings or stairs, so as to mark same; (p) Rugs must be so laid to cover all floors so as to suppress any noise that might disturb other tenants; (q) The Tenant will be held responsible for any damage to the Premises caused by moving furniture in or out of said Premises; and (r) The Premises be left clean and in good condition at expiration of Term. The Landlord shall have the right to make such other and further reasonable rules and regulations as in his judgment may fi:om time to time be needful for the safety, care and cleanliness of the Premises and for preservation of good order therein and the same shall be kept and observed by tenants, their families, visitors, guests, clerks, servants and agents. 14. ACCESS OF LANDLORD (1) Inspection and Access The Landlord shall be permitted at any time and from time to time to enter and to have its authorized agents, employees and contractors enter the Premises for the purposes of inspection, maintenance or making repairs, and the Tenant shall provide free and unhampered access for the purpose, and shall not be entitled to compensation for any inconvenience, nuisance or discomfort caused thereby, but the Landlord in exercising its rights hereunder shall proceed to the extent reasonably possible so as to mininfize interference with the Tenant's use and enjoyment of the Premises. (2) Exhibiting Premises The Landlord and its authorized agents and employees shall be permitted entry to the Premises during the last six (6) months of the Term for the purpose of exhibiting them to prospective tenants. 13'6: 15. DELAY AND NON-WAIVER ATTACHHENT# D TOREPORT# '7 of,, (1) Unavoidable Delay Except as herein otherwise expressly provided, if and whenever and to the extent that either the Landlord or the Tenant shall be prevented, delayed or'restricted in the fulfillment of any obligation hereunder in respect of the making of any repair, the doing of any work or any other thing, other than the payment of rent or other monies due, by reason of: (a) strikes or work stoppages; (b) inability to obtain any material, service, utility or labour required to fulfill such obligation; (c) any statute, law or regulation of, or inability to obtain any permission from, any government authority having lawful jurisdiction preventing, delaying or restricting such fulfillment; or (d) other avoidable occurrence, the time for fulfillment of such obligation shall be extended during the period in which such circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other party shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. (2) Waiver If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breach or non-observance by the other of any obligation hereunder, this shall not operate as a waiver of such obligation in respect of any continuing or subsequent default, breach or non-observance, and no such waiver shall be implied but shall only be effective if expressed in writing. 16. REMEDIES OF LANDLORD (1) In addition to all rights and remedies of the Landlord available to it in the event of any default hereunder by the Tenant through improper compliance or non-compliance with any obligation arising either under this or any other provision of this Lease or under statute or the general law the Landlord: (a) shall have the right at all times to remedy or attempt to remedy any default of the Tenant, and in so doing may make any payments due or alleged to be due by the Tenant to third parties and may enter upon the Premises to do any work or other things therein, and in such event all expenses of the Landlord in remedying or attempting to remedy such default shall be payable by the Tenant to the Landlord as additional rent forthwith upon demand. (b) shall have the same rights and remedies in the event of any non-payment by the Tenant of any amounts payable by the Tenant under any provision of this Lease as in the case of a non-payment of rent; and (c) if the Tenant shall fail to pay any rent or other amount from time to time payable by it to the Landlord hereunder promptly when due, shall be entitled, if it shall demand it, to interest thereon at a rate of three per cent (3%) per annum in excess of the minimum lending rate to prime commercial borrowers from time to time current at the City's bank from the date upon v(hich the same was due until I actual payment thereof. (2) Remedies Cumulative A~.HMENT# .~ TOAEPORT# oc~_'~ ~ '~ c~' _i_of The Landlord may from time to time resort to any or all of the fights and remedies available to it in the event of any default hereunder by the Tenant, through improper compliance or non~ compliance with any obligation arising either under any provision of this Lease or under statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or the general law. (3) Right of Re-Entry on Default or Termination (4) If and whenever the rent hereby reserved or other monies payable by the Tenant or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, and the Tenant shall have failed to pay such rent or other monies within five (5) business. days after the Landlord shall have given to the Tenant notice requiring such payment, or if the Tenant shall breach or fail to observe and perform any of the covenants, agreements, provisos, conditions and other obligations on the part of the Tenant to be kept, observed or performed hereunder, or if this Lease shall have become terminated pursuant to any provision hereof, or if the Landlord shall have become entitled to terminate this Lease and shall have given notice terminating it pursuant to any provision hereof, then and in every such case it shall be lawful for · the Landlord thereafter to enter into and upon the Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding. Termination and Re-Entry If and whenever the Landlord becomes entitled to re-enter upon the Premises under any provision of this Lease the Landlord, in addition to all other rights and remedies, shall have the right to terminate this Lease forthwith by leaving upon the Premises notice in writing of such termination. (5) Payment of Rent~ etc. on Termination Upon the giving by the Landlord of a nOtice in writing terminating th/s Lease, whether pursuant to this or any other provision of this Lease, this Lease and the Term shall terminate, rent and any other payments for which the Tenant is liable under this Lease shall be computed, apportioned and paid in full to the date of such termination, and the Tenant shall immediately deliver up possession of the Premises to the Landlord, and the Landlord may re-enter and take possession of them. 17. IMPROPER USE OF PREMISES; BANKRUPTCY (1) Bankruptcy, etc. In case without the written consent of the Landlord the Premises shall be used by any other persons than the Tenant or for any purpose other than that for which they were leased, or occupied by any persons whose occupancy is prohibited by this Lease, or if the Premises shall be vacated or abandoned, or remain unoccupied for fifteen (15) days or more while capable of being occupied; or if the balance of the Term or any of the goods and chattels of the Tenant shall at any time be seized in execution or attachment, or if the Tenant shall make any assignment for the benefit of creditors or any bulk sale, become bankrupt or insolvent or take the benefit of any statute now or hereafter in force for bankrupt or insolvent debtors, then in any such case the Landlord may at its option terminate this Lease by leaving upon the Premises notice in wfitin~ of such termination and thereupon, in addition to the payment' by the Tenant of rent and other payments for which the Tenant is liable under this Lease, rent for the current month and the next ensuing three (3) months shall immediately become due and paid by the Tenant. 18. MISCELLANEOUS PROVISIONS (1) Registration of Lease ATT^CHMENT# ---.~3~__. TO REPORT# 0 L55 ~ 7'- © 2_ Neither the Tenant nor the Landlord shall register this Lease or a notice of this Lease. (2) Lease Constitutes Entire Agreement 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; this Lease constitutes the entire agreement between the Landlord and the Tenant and may not be modified except as herein explicitly provided or except by agreement in writing executed by the Landlord and the Tenant. (3) Notices (4) (5) Any notice required or contemplates by any provision hereof shall be given in writing, and (a) if to the Landlord, either delivered to the City Clerk personally or mailed by prepaid registered mail addressed to the City Clerk at Picketing Civic Complex, One The Esplanade, Picketing, Ontario L1V 6K7; and Co) if to the Tenant, either delivered to O.J. Muller Landscape Contractor personally or mailed by prepaid registered mall addressed to O.J. Muller Landscape Contractor at Brock Road North, Picketing, Ontario. Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid, upon the day after the day it is mailed. Either party may from time to time by notice in writing to the other, designate another address in Canada as the address to which notices are to be mailed to it. Interpretation All of the provisions of this Lease are to be construed as covenants and agreements as though words importing such covenants and agreements were used in each separate provision hereof, and the captions appearing for the provisions of this Lease have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Lease or of any provision hereofi Extent of Lease Obligations This Lease and everything herein contained shall enure to the benefit of and be binding upon the respective heirs, executors, administrators and other legal representatives, as the case may be, of each party hereto, and every reference herein to any party hereto shall include the heirs, executors, administrators, and other legal representatives of such party. 19. RIGHT OF FIRST REFUSAL The Tenant herein acknowledges that, notwithstanding any other provisions of the Lease Agreement for the Premises, there is no right of first refusal in favour of the Tenant with respect to the Premises herein and the Tenant releases any claims against the Landlord in respect thereof. 20. SEVERABII.ITY Should any provision or provisions of this Lease be illegal or not enforceable, it or they shall be considered separate and severable from the Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. 9 ATTACHHENT#~~. TOREPORT# ,,;,r:_~. © of /o ~ ~SS ~E~OF ~e P~ies hereto have hero,to affixed ~eir respective Co~orate Seals a~ested to by the h~ds of ~eir authorized officers. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk O.J. Muller Landscape Contractor Ltd. O.J. Muller, President lease/LOOO1/mise/lease 10 14O RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That the following documentation from the Integrated Waste Collection Forum held in the City of Pickering on October 24, 2002 be received: Letter dated November 8, 2002 from Councillor Brenner following up with the participants in the Forum Draft resolution regarding Integrated Waste Collection A summary of the Forum Discussion Paper distributed at the Forum entitled "Meeting the Challenges of Municipal Coordination" WHEREAS the Regional Municipality of Durham and its area municipalities have the mandate to deliver environmentally responsible and cost effective waste management services; and WHEREAS under the proposed new Municipal Act, 2001, the waste management sphere of jurisdiction is exclusive to the Regional Municipality of Durham except for waste collection; and WHEREAS lower-tier municipalities have powers to pass by-laws regulating the collection of waste, including integrated waste collection programs; and 14i WHEREAS the cost of landfilling is vulnerable and subject to possible tariffs or refusals when it involves crossing the Canada/USA border; and WHEREAS it is highly desirable to achieve a high degree of waste diversion across the Regional Municipality of Durham; and WHEREAS the Province of Ontario has a waste reduction goal of 50% based on disposal tonnage per capita; and WHEREAS the Regional Municipality of Durham has set a target of 50% diversion by the year 2007; and WHEREAS funding is expected to be available from Waste Diversion Ontario (WDO) with a funding incentive for cost efficient and effective programs; NOW THEREFORE the Council of the Corporation of the City of Pickering is hereby committed to: 1. retaining responsibility for waste management collection; achieving higher diversion through integrated waste collection programs targeting 50% diversion by January 2005, and 60% by January 2007; adopting standards, benchmarks, and criteria required to meet these targets and provide Grade "A" compost through organics diversion; determining the integrated waste collection methods and best practices that will best suit the needs of the community; and 5. implementing an integrated waste collection program by December 2003. November 8, 2002 <(Name~ ((Company~ ((Add ress 1 ~ ~(City~ ((PostalCode~ Subject: Follow-up to October 24, 2002 Integrated Waste Collection Forum Thank you for participating in the City of Pickering's Integrated Waste Collection Forum. I trust that you found the day informative and helpful in the continuing challenge of improving waste management service delivery in Durham area municipalities. Documentation from the morning session presentations by the City of Pickering was circulated at the forum. If you did not pick up a copy, or require further details, please contact us. In particular, we would like to thank those who were able to participate in the afternoon discussion group. Your contributions, questions and frank statements on the obstacles facing your municipality in moving forward with integrated waste management resulted in a very interesting and useful exchange. A summary of the points raised is attached. One of the key objectives of the Forum was to make positive steps toward improving waste management and diversion in Durham's lakeshore municipalities. To this end, a draft resolution regarding integrated waste management was presented for discussion. In Pickering's view, endOrsement of a common resolution among the lakeshore municipalities would send a clear message to the community about the importance of enhanced waste diversion. Moreover, the draft resolution makes a strong commitment to an integrated waste management system, including kitchen organics collection, that meets common standards while addressing the individual needs of area municipalities. As the Forum presenters clearly demonstrated, a variety of tools and technologies are available and Durham residents are eager to do their part. The challenge now is to do the detailed analysis necessary to select programs that will be successful in your community. Area municipalities and the Region must then work together to secure the processing facilities that will be required to support enhanced diversion. The Forum was an excellent first step toward improving cooperation among Durham municipalities. We look forward to the discussion and future endorsement on an Integrated Waste Collection Resolution by each Council and to the timely implementation of essential system improvements. Yours very truly GO9 Maurice S. Brenner Regional Councillor, Ward I Affach. 143 hBrenner/wasteforum2/021108 Sue Campbell Recycling Supervisor Region of Durham 4600 Garrard Road WHITBY ON L1N 5R5 Larraine Roulston Pickering Waste Reduction Committee 527 Broadgreen Street PICKERING ON LlW 3E8 Liz Drebit Public Works Department Township of Scugog 181 Perry Street, Box 780 PORT PERRY ON L9L 1A7 Larry Corrigan Local Councillor Township of Scugog 181 Perry Street, Box 780 PORT PERRY ON L9L 1A7 Robert Duignan Department of Operational Services City of Oshawa 50 Centre Street South OSHAWA ON L1K 1M9 Byron Simmons Department of Operational Services City of Oshawa 894 Ritson Road South OSHAWA ON L1H 5L5 Jacquie Mclnnes This Week News Advertiser Newspapers 865 Farewell Street, P.O. Box 481 OSHAWA ON L1H 7L5 Peter Watson Manager, Waste Management Region of Durham 150 Consumers Drive WHITBY ON L1N 6A3 Ken Carruthers Regional Councillor Township of Scugog 181 Perry Street, Box 780 PORT PERRY ON L9L 1A7 Cam Watson C.N. Watson & Associates Ltd. Economists 4304 Village Centre Court MISSISSAUGA ON L4Z 1S2 Cathy Stuart KX 96 '339 Westney Road South AJAX ON L1S 7J6 Joe McKenna Department of Operational Services City of Oshawa 50 Centre Street South OSHAWA ON L1K 1M9 Murray Gale Operations Department Town of Whitby 575 Rossland Road East WHITBY ON L1N 2M8 Walter Taylor Clerk Township of Uxbridge P.O. Box 190, 51 Toronto Street South UXBRIDGE ON L9P 1T1 Rick Johnson Regional Councillor, Ward 3 City of Pickering One The Esplanade PICKERING ON L1V 6K7 Brian Cordick Operations Department Town of Whitby 575 Rossland Road East WHITBY ON L1N 2M8 Vince Sferrazza Ministry of Environment Non-hazardous Waste Diversion 135 St. Clair Avenue West TORONTO ON M4V 1P5 Terry Carson Operations Department Town of Whitby 575 Rossland Road East WHITBY ON L1N 2M8 Grant Taylor Manager of Operations Town of Ajax 65 Harwood Avenue South AJAX ON L1S 2H9 145 Working Draft for Discussion Integrated Waste Collection Resolution WHEREAS the Region of Durham and its area municipalities have the mandate to deliver environmentally responsible and cost effective waste management services; and WHEREAS under the proposed new Municipal Act, 2001, the waste management sphere of jurisdiction is exclusive to the Region of Durham except for waste collection; and WHEREAS lower-tier municipalities have powers to pass by-laws regulating the collection of waste, including integrated waste collection programs; and WHEREAS the cost of landfilling is vulnerable and subject to possible tariffs or refusals when it involves crossing the Canada/USA border; and WHEREAS it is highly desirable to achieve a high degree of waste diversion across the Region of Durham; and WHEREAS the Province of Ontario has a waste reduction goal of 50% based on disposal tonnage per capita; and WHEREAS Region of Durham has set a target of 50% diversion by the year 2007; and WHEREAS funding is expected to be available from Waste Diversion Ontario (WDO) with a funding incentive for cost efficient and effective programs. NOW THEREFORE, the Corporation of the to: of , is hereby committed 1) retaining responsibility for waste management collection; 2) achieving higher diversion through integrated waste collection programs targeting 50% diversion by January 2005, and 60% by January 2007; 3) adopting standards, benchmarks, and criteria required to meet these targets and provide Grade "A" compost through organics diversion; 4) determining the integrated waste collection methods and best practices that will best suit the needs of the community; and 5) implementing an integrated waste collection program by December 2003. Integrated Waste Collection Forum October 24, 2002 147 Integrated Waste Collection Forum October 24, 2002 Summary of Discussion Group Comments The morning session of the October 24, 2002 Integrated Waste Collection Forum provided an opportunity for participants to gather information through a series of presentations and poster board displays. The Minister of Finance Hon. Janet Ecker opened the session, followed by Picketing Mayor Arthurs and the Regional Chair Rick Johnson. The Ministry of Environment, City of Pickering, City of Whitby and Durham Region each contributed presentations. The afternoon session was structured as a facilitated discussion period. Given the numbers able to attend and the value in having a variety of perspectives contributing to the discussion, it was decided to keep all participants together in one discussion group. The follow is a summary of the points raised and the general discussion. Points have been organized into areas of discussion where possible and are not verbatim. Collection Containers for Organic Material Decisions regarding collection containers for organic material will necessarily delay final decisions on a new collection system; but all the container options which keep plastics out of the stream are viable. What is critical is the establishment of standards to defme the feedstock for the composting facility. It is the blend of organic material that is important not the specific container. User friendly systems are very important to ensure continued participation. Picketing Pilot has demonstrated potential for organics separation and yielded required data for Region wide estimates of tonnage. (500 homes 2 tonnes of organics) Options for the processing facility are being considered by the Region's consultant ( Cam Watson). If all area municipalities were ready by a specified date with organics collection programs, would the Region be ready with a processing facility? The Region responded that they are supportive of municipal collection. The concern is not with track options but with the product/material to be delivered to the Region for processing. Sufficient facilities are not available now and will not be put in place until the source is known. The Region does not have the necessary information on potential collection and is looking to the results from Clarington's new organics collection for real experience numbers. Area municipality concerned that even if investment in infrastructure is made at the local level plans at the Regional level could change and therefore there is hesitancy to take a risk on such a decision. System Funding Comments The Region has accepted 100% of the cost of waste management for its current integrated waste system partners. If all the parameters of integrated system benchmark are in place then the Region will fund the system. Municipalities could act as the agent of the Region. A key issue for the Region is to know when area municipalities are going to begin collection of organics. las Region has committed to pay up to $20/container to support infrastructure for organics collection. The Region's tax base is the same across the Region therefore service has to be the same in order to have equitable Regional funding. This is a benchmark at the receiving (Regional) end. Questions concerning whether the area municipalities could go alone. Responses included a further question as to why area municipalities would want to accept the additional system costs, collection currently makes up about one third of the system costs. Draft Integrated Waste Collection Resolution Resolution indicates a common commitment and speaks to common standards. These standards may be sufficient to demonstrate the feedstock that the Region can plan for. Recognition that there is room to reflect needs and issues of each area municipality in an integrated system, a cookie cutter approach may not work for all. For some, the draft resolution needs to be considered further prior to a decision and by-in. Further discussion and clarification of some of the presumptions underlying Pickering's position needed. Openness to bring the draft resolution back to staff and Councils for review and consideration. Integrated Waste Collection Forum Meeting the Challenges of Municipal Coordination Integrated Waste Collection Forum October 24, 2002 PICKFR1NG The Facts of Waste Waste management is an essential service delivered by both upper tier and lower tier municipalities in Durham. The Lakeshore Durham municipalities have a legal responsibility to collect residential waste. Durham Region has responsibility for waste processing and disposal. Durham communities have a moral and legal responsibility to divert waste from landfill. The Disposal Crisis December 31,2002 Keele Valley Landfill will close 20 years and $100 million has been spent trying to find an alternative to Keele Valley No solution means Durham waste must go to the US 70% of waste stream in a foreign jurisdiction hostile to receiving this material US disposal is not a secure option: · risk that border will be closed to CND Waste · heightened inspections may frustrate border crossings, essentially crippling transport to US facilities · US states may impose landfill recycling charge of $3-5 US/ton for waste disposal at Michigan Landfills - to fund US recycling programs · recycling charge could mean extra $1 million/yr, to Durham Integrated Waste Collection Forum October 24, 2002 ~ICK ERING 151 Aggressive Waste Diversion Sound Municipal Planning imm lailigl Reduces risk to essential service delivery. Environmentally responsible. Aggressive Waste Diversion Sound Financial Planning IlillBI 1 Integrated waste system not expected to be lowest overall cost. But: :> 60%+ is recycled or controlled within Durham borders eliminates risk of interrupted service delivery or cost escalation on this portion of waste stream financial risk reduced by maintaining local control over costs: , predictable · containable · locally accountable · sustainable Integrated Waste Collection Forum October 24, 2002 c~., PI~RING Integrated Waste Management in Durham's Municipalities Means: ,Co-operation · in planning Waste Management Systems Acceptance · of "standards" or key parameters of the system Commitment · to collection systems that are consistent with standards and meet needs of individual municipalities · to processing facilities consistent with standards · to a common optimum diversion target · to deal with Durham waste within Durham Region as far as possible · to timely implementation of optimum system Responsibility · to strive for efficiency · to accept costs and share benefits of reaching targets Integrated Waste Collection Forum October 24, 2002 PICKER1NG 153 Collection Standards Rec¥clables · collect enhanced list of recyclable materials · co-mingled fibers and containers? Or_clanics · collect separated kitchen organics · collect separated yard waste · rigid containers for kitchen waste · no plastic bags · grade A compost product · grass clippings collection or grass cycling initiatives? · Yard waste co-mingled with kitchen waste ? Waste · collect co-mingled residual waste · collect specified special items · rnaterialbans? Integrated Waste Collection Forum October 24, 2002 PI(JKERIN 154 Local Control and Flexibility Maintained Options for Organics Collection · rolling cart- automated load · large cart - rear loader with automated tipper · small cart- manual load · bio-degradable bag - manual load OPtions for Or.qanics Processin? · Product Objective - Grade A Compost Aerobic Process · food and yard waste can be co-mingled · co-mingling offers advantages to home owner · yard waste adds required bulk for processing .Anaerobic Diqestor · food and yard separately waste collected and processed · anaerobic process produces sludge · sludge must be composted to final useful product Integrated Waste Collection Forum October 24, 2002 HCKERING ~55 integrated Collection Maintains Local Control and Flexibility Automated or standard waste collection methods. In-house or contracted collection work force. Retrofit existing vehicles or use new designs. Range of service options (frequency of collection, collections, promotions). special Options for Organics Collection rolling cart - automated load large cart - rear loader with automated tipper small cart - manual load bio-degradable bag - manual load Tipper Bar ..) can retrofit vehicles for semi- automatic loading Semi-Automatic Loading ..) (- Split Hopper allows collection of h4/o matedal stream Fully Automated Loading Integrated Waste Collection Forum October 24, 2002 Organics Processing Objective ... Grade A Compost Valuable compost product for sale or municipal use. Two basic processing options: aerobic and anaerobic. Aerobic Process · food and yard waste can be co-mingled · co-mingling offers advantages to home owner · yard waste can add required bulk for processing Anaerobic Digestor · food and yard waste collected and processed separately · anaerobic process produces sludge · sludge must be composted to final useful product Integrated Waste Collection Forum October 24, 2002 PICKI~RING Proposed Legislation All waste management legislation that is currently contained within various Acts will be repealed as of January 1, 2003, and contained in the new Municipal Act 2001. Municipal Act, 2001, S. O. 2001, ct 25 Sections 9, 11 and 75 9(3) "Without limiting the generality of subsections (1) and (2), a by-law under Section 11 respecting a matter may, a) regulate or prohibit respecting the matter: and..." 11(2) "A lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to this section, subject to the following provisions: 1) If a sphere or part of a sphere of jurisdiction is not assigned to an upper-tier municipality by the Table, the upper-tier municipality does not have the power to pass by-laws under that sphere or part. 2) If a sphere or part of a sphere of jurisdiction is assigned to an upper-tier municipality exclusively by the Table, its lower-tier municipalities do not have the power to pass by-laws under that sphere or part. Table Sphere of Jurisdiction Part of Sphere Upper-Tier Municipality (ies) Exclusive or Non. Assigned to Which Part of Sphere Exclusive Assigned Assignment 3. Waste Management Whole Sphere, except Durham, Halton, Lambton, waste collection Oxford, Peel, Waterloo, York Exclusive Integrated Waste Collection Forum October 24, 2002 PI(ZK ERINIG 1.58 Current Legislation Municipal Act R.S.O. 1990, c. M. 45 Sections 208.2 and 208.6 208.2 "A local municipality may pass by-laws to establish, maintain and operate a waste management system." 208.6(1) "...a local municipality may pass by-laws to prohibit or regulate the use of any part of a waste management system." Regional Municipalities Act, R.S.O. 1990, c. R. 8 Section 150 150(1) "A Regional Council may pass a by-law to assume any or all of the waste management powers for all of its area municipalities." 150(2) "A Regional Council may, with the consent of the council of an area municipality, by by-law exempt that area municipality from a by-law under subsection (1)..." Regional Municipality of Durham Act, R.S.O. 1990, c. R. 9 Section 36 36(2) "The Regional Corporation shall provide facilities for the purpose of receiving, dumping and disposing of waste and no area municipality shall provide such facilities." 36(5.2) "The Regional Council may, for each area municipality, designate one or more facilities for the receiving, dumping and disposing of waste or any class of waste." 36(5.3) "Where a designation has been made, an area municipality shall not utilize any facilities except the facilities that have been designated for that area municipality. Integrated Waste Collection Forum October24, 2002 PICKERING Octeber 2001 Baseline Survey Results Recyclables Strong support for recycling in principal and in practice · Recycling is important to 83% of families · 82% strongly agree that we must try to divert more from landfill · Some uncertainty over the list of materials accepted for recycling · 57% are uncertain of what items are recyc/ab/e · Single blue box insufficient for recyclables · Typically 2-4 boxes/household are used Strong support for increase in listed recyclable materials · 91% of respondents indicated that fist of recyc/ab/e material should be increased Organics Significant number of households with backyard composters Use of backyard composters · 55% have composters; half are used year round and another 28% in summer months only Integrated Waste Collection Forum October 24, 2002 ICKFR1NG February 2002 Second Survey- Pilot Experience Recyclables · Over 85% of respondents found recycling easier with carts, and are recycling more 96% recycling as many listed material as possible Orqanics · 90% separating organics in program · Organics cart considered too large by 57% respondents · On average ¼ full · Carts reasonably manageable overall. · Small kitchen catcher convenient and good size · Overall rated acceptance 8.1 on scale of 10 · 82% wished to participate if pilot extended. integ rated Waste Collection Forum October 24, 2002 HCKER1NG REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 56-02 Date: November 13, 2002 F rom: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Rolling to Reduce Waste Collection Pilot Program Ambedea Neighbourhood Extension Recommendation: That Report OES 56-02 regarding the City of Pickering's Rolling to Reduce Waste Collection Pilot Program be received, and That City Council approve the extension of the cart based integrated waste collection system for 518 homes in the Amberlea neighbourhood beyond December 31, 2002 until such time as a Citywide program is considered by Council. That staff be directed to prepare a plan for an expansion of the cart-based organics collection program only to other neighbourhoods to capture an additional 1500 homes, and report back to the Finance & Operations Committee at the meeting of February 24, 2003 with the details. Executive Summary: Not Applicable Financial Implications: The annual cost for the cart-based program Df organics collection for the 518 homes is approximately $13,000. The cost includes a rental fee imposed for 2003 of $2 per cart per month from the supplier, as these carts are not owned by the City. Through the cooperation and the City's partnership with Miller Waste Systems, the collection truck is being supplied with an operator at no cost to the City. The annual cost for the cart-based program of garbage/recycling collection for the 518 homes is approximately $234,000. The cost includes a rental fee of $18,000 per month for the collection truck. Through the cooperation and the City's partnership with Miller Waste, the operator of the truck is being supplied at no cost to the City. There is no cost for the carts as they were purchased by the City in 2001. The Region of Durham has advised that a cost of approximately $1500 per month for the transfer and processing of co-mingled recyclables is being incurred. This was an indirect cost to the City's share of waste disposal at the Regional level for the initial pilot project but will Report OES 56-02 Date: November 13, 2002 Subject: Rolling to Reduce Waste Collection Pilot Program Amberlea Neighbourhood Extension Page 2 become a direct cost to the City in 2003. There is a cost of approximately $1600 per month for lost revenues on the marketable product at the Regional level. The total annual cost of $247,000 based on the above (including the processing of recyclables cost at the Region) will be budgeted for in 2003 in the Solid Waste current budget 2430. Background: On September 17, 2001, City Council passed Resolution #111/01 to implement a three-stream cart-based waste diversion pilot program in the City of Pickering. Approximately 518 homes in the Amberlea neighbourhood were selected to participate in the program. Collections started November 6, 2001 and were scheduled to end March 31,2002. Due to the success and popularity of the pilot program, Council passed Resolution #61/02, Item #2 on April 2, 2002 to extend the pilot program to December 31,2002. City staff have been monitoring the operation and results of the program through waste audits, three resident surveys, and discussions with the contractor and participants. A Third Resident Survey was mailed out on October 20, 2002 to 518 homes, and as of November 7, 2002, 279 surveys have been returned (54%). Of the 279 surveys returned, 267 answered the question about amending the collection system and 195 households (73%) indicated that they do not want any change/amendment to the pilot project. There were 72 households that wanted a change, of which 49 wanted to keep the gray cart for garbage/recycling and change or eliminate the organics collection. The diversion rate statistics for the eleven month collection period of November 2001 to September 2002 are included in Attachment #1. In the pilot area, the diversion rate for organics was 28.98% (kitchen and yard waste) compared to 5.48% (yard waste only) for the rest of Pickering. The diversion rate for recyclables in the pilot area was also 28.98% compared to 20.19% for the 'rest of Pickering. The additional 8.79% in recyclables diversion is due to additional types of materials collected, increased recycling efforts from those who were recycling prior to the pilot, and possibly capturing new recyclers. This can be attributed to the carts which allow more space for recycling, make recycling easier as the materials did not have to be sorted, and require less trips to the roadside than blue boxes to prepare for collection. Although the cost for the garbage/recycling carts and collection vehicle is significant for a small pilot program, there is a benefit, as increased recycling reduces land filling costs and impacts, and produces more materials to market for revenue. At this time, due to the popularity and success of the program, it would be very difficult to end the cart-based integrated waste collection system. The City has been working with the Region of Durham and has consulted with Area Municipalities to determine a Report OES 56-02 Subject: Rolling to Reduce Waste Collection Pilot Program Ambedea Neighbourhood Extension Date: November 13, 2002 Page 3 sustainable integrated waste collection program in order to make a long-term commitment. Until such time that these deCisions are made, it is recommended that the pilot program for Amberlea continue. In order to make this initiative available to other residents of Pickering, and as a potential phase-in of a City wide program, staff will investigate expansion to other neighbourhoods. If authorized to do so, staff will recommend up to three additional neighbourhoods in Wards 2 and 3, including the rural north area of Pickering. The program would consist of cart-based organics collection only, and will allow staff to evaluate and compare recycling efforts without carts. A comprehensive report will be prepared for the February 24, 2003 Finance & Operations Committee meeting, outlining the details of the expansion. Attachments: 1. Diversion Rates September 2002 for City of Pickering and Pilot Area, November 2001 Prepared By: ,~i.~hard W.~olborn, P. Eng. ision H~ad ~.Municipal Property & EngineeringTitle Everett ~.sma f/Dir~tor Operations & Em~"~ency Services Department RH:ds Attachments I:\COUNCIL\OES 56-02.docNov-02 Copy: Chief Administrative Officer Recommended for the consideration of Pickering City ".~,o~unc, il , //_- -'/,,., ,, T.,h/~'-s- J. di/uinn, Ch{ef Admin~'~i_ve Of~cer HCKH G RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report CS 32-02 of the Director, Corporate Services, regarding Section 442/443 of the Municipal Act - Adjustment to Taxes, be received; and That the write-offs of taxes as provided under Section 442 and 443 of the Municipal Act, R.S.O. 1990, as amended, be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: CS 32-02 Date: November 7, 2002 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Section 442/443 of the Municipal Act - Adjustment to Taxes Recommendation: 1. It is recommended that Report CS 32-02 of the Director, Corporate Services be received; and that: 2. The write-offs of taxes as provided under Section 442 and 443 of the Municipal Act, R.S.O. 1990, as amended, be approved; and, 3. The appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as contained in this report represents a gross cost of $65,413.30 with a net cost to the City of approximately $15,261.09, the balance being charged back to the Region of Durham and the School Boards. (The education taxes for the Public Works Canada properties will be charged to the City.) Pickering's share of the costs will be charged to the 2002 Current Budget allocation under General Government - Provision for Uncollectable Taxes. Background: The Municipal Act provides the Treasurer with various tax tools regarding the administration and collection of property taxes. Section 442 of the Municipal Act provides for the reduction of taxes due to fire, demolition, exemption, assessment change or error and the tax reduction is applicable to the current year only. Section 443 allows for the reduction of taxes due to assessment error and this section can be applied to property taxes for the two preceding years (2000 & 2001). The majority of the properties on the attached document are for properties owned by the Federal Government (Public Works Canada.) Demolition of structures on these properties such as homes and barns has resulted in a reduction in property taxes. The reduction in property taxes for the Public Works properties are cost shared only between the City and the Region. The Federal Government properties are classifed as a "Payment-in-lieu-of Taxes" or (PIL) properties and the municipality is able to retain the Report CS 32-02 Date: November 7, 2002 Subject: Section 442/443 of the Municipal Act - Adjustment to Taxes Page 2 education portion of the property taxes. Therefore, the City's share of the property tax write-off is higher for PIL properties. MPAC clerical errors are the result of incorrect assessment values being placed on a property at the beginning of the year, or an incorrect assessment value placed on a supplementary assessment notice, issued later in the year. Change in realty tax classification such as industrial to commercial usually will result in lower taxes because the new tax rate is lower than the previous rate. The reduction in taxes for the North Park Nursing Home facility is due to a change in the operation of their facility. This facility went from a nursing home to a retirement home and therefore is no longer assessed under the commercial property tax classification. Attachments: 1. Section 442/443 Adjustment to Taxes Prepared By: Approved / Endorsed By: / St~san Aitkend'ead '- Coordinator, Taxation Services -G'i~is A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council T~rf~s J. Quir~, Chief ~dmim'i~c.a. tive Offlcer ,'-,'~ '~ ~CHMEN? #_t__"i c REPORT# CiTY OF PICKERING SECTION 442/443 ADJUSTMENTS TO TAXES November2002 APP # NAME REASON FOR ADJUSTMENT YEAR ROLL NUMBER CITY REGION EDUCATION TOTAL 65/02 KeastJDavls MPAC clerical error 58~02 Public Works Canada demolition 45/02 Public Works Canada demolition 46/02 Public Works Canada demolition 47~02 Public Works Canada demolition 48/02 Public Works Canada demolition 51/02 Public Works Canada demolition 52/02 Public Works Canada demolition 54/02 Public Works Canada demolition 55/02 Public Works Canada demolition 57~02 Public Works Canada demolition 56/02 Public Works Canada demolition 59/02 Public Works Canada demolition 62/02 North Park Nursing Home class change - retirement res. only 63/02 Unique at Holding MPAC clerical error 2001 010-018-03300 2002 030-009-22600 2002 030-001.17100 2002 030-003-07400 2002 030-003-12400 2002 030-003-15000 2002 030-001-23210 2002 030-001-20200 2002 030-001-31900 2002 030-001-33400 2002 030-009-20800 2002 030-001-13300 2002 030-001-38500 2002 010-041-03700 2002 020.024-00210 28.98 58.93 31.17 119.08 327.35 637.09 325.12 1,289.56 358.53 697.76 356.09 1,412.38 430.24 837.32 427.30 1,694.86 339.82 661.36 337.51 1,338.69 420.88 819.11 418.02 1,658.01 318.00 618.89 315.83 1,252.72 417.77 813.05 414.91 1,645.73 346~06 673.49 343.70 1,363.25 383.47 746.30 380.86 1,510.63 411.53 800.91 408.73 1,621.17 277.47 540.01 275.58 1,093.06 377.82 735.31 375.25 1,488.38 1,112.61 2,165.32 9,915.27 13,193.20 5,331.66 10,376.35 19,024.57 34,732.58 10,882.19 21,181.20 33,349.91 65,413.30 Note: MPAC is the Municipal Property Assessment Corporation PICKEI qG 165 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report CS 24-02 of the Director, Corporate Services and Treasurer respecting the Industrial and Commercial Vacancy Program, be received; and That the attached by-law providing for the establishment of a property tax rebate program for the vacant portions of commemial and industrial property, be read three times and approved; and That the appropriate officials of the City of Pickering be given authority to give effect hereto. REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: CS 24-02 Date: November 11,2002 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Industrial and Commercial Vacancy Program Recommendation: 1. That it is recommended that report CS 24-02 of the Director, Corporate Services & Treasurer be received for information and that: the attached By-Law providing for the establishment of a property tax rebate program for the vacant portions of commercial and industrial property, be read three times and approved; and, 3. the appropriate officials of the City of Pickering be given authority to give effect hereto. Executive Summary: This report provides a general description of the City's first year of experience regarding the commercial and industrial vacancy program as mandated by the Provincial government. In addition, when the vacancy program was first introduced, Provincial officials were silent as to the need for the municipality to pass a property tax vacancy by-law. However, recent information from our property tax consultant and property tax association has suggested that it may be beneficial to the municipality to have the vacancy program established through by-law. Financial Implications: For the current year, the City budgeted $65,000 for its share of the vacancy rebate. Included in this budget, were funds to hire a consulting service to audit and verify the validity of the property vacancy claims. The City's year-to-date cost is approximately $40,000 with the total cost being approximately $270,000. Background: One of the many changes that the Province introduced in 1998 under the New Fair Municipal Act dealt with vacancies in the commercial and industrial property classes. Prior to 1998, whenever a commercial or industrial building was vacant, the property owner or manager would notify the municipality or the regional assessment office who would confirm the vacancy and then change the mill rate from commercial/industrial to residential, which reduced the property taxes by 15 per cent. Report CS 24-02 Industrial and Commercial Vacancy Program Date: November 11,2002 Page 2 The program was changed for the years 1998 to 2000. Under this program, the owners of commercial/industrial property could only qualify for a reduced tax rate if the vacancy occurred during the months of July to September and they notified the assessment office of the vacancy prior to November 1 of that year. If the property met the criteria, the tax rate would be reduced by 30 per cent for commercial and 35 per cent for industrial and the property owner would have the benefit of the reduced rate for the entire year regardless of the fact that the building may have been occupied for a good portion of the year. Many commercial and industrial property owners complained to the Province regarding the inequities of the Provincial vacancy program. Bill 140 - Introduces New Vacancy Program On December 4, 2000, Royal Assent was given to Bill 140 (Continued Protection for Property Taxpayers Act), that establishes a new "real time" approach to the taxation of vacant buildings on commercial and industrial properties. Under this new legislation, buildings will be shown as fully occupied regardless of whether there are vacant units in the building. Property owners will now have to submit an application to the local municipality for a rebate. Not surprisingly, the Regulation that defined the operation of this legislation/program was issued nine months later. Ontario Regulation 325/01 was filed on August 20, 2001, and this regulation defined the types of properties that are eligible, the application process, deadlines and penalties and the method of calculating the rebate entitlement. Basic Vacancy Rules Only commercial and industrial buildings that are either entirely vacant or partially vacant for at least 90 consecutive days are eligible for the program. In addition, buildings that are vacant due to seasonal basis or new buildings that have never been occupied are not eligible. The eligibility criteria is explained in more detail on the City's website and on the application form itself. The property owner has until February 28th of the following year as a deadline to submit an application. In other words, the deadline to submit an application for 2002 is February 28, 2003. The rebate for commercial properties is 30% and 35% for industrial properties. Pickerin.q's Experience - First Year of the Proqram Taxation staff received approximately 130 applications around the deadline due date of February 28, 2002 for the 2001 taxation year. As soon as the form is received, it is checked to ensure that all of the required information has been provided. The property owner or his agent is required to provide detailed information regarding the vacancy including lease agreements and proof that the landlord is attempting to lease or rent the vacant unit. The vacancy application is then forwarded to the Municipal Property Assessment Corporation (MPAC) after all of the information has been provided. MPAC is responsible for determining the applicable assessment for the vacant unit to be used in the rebate calculation. Report CS 24-02 Industrial and Commercial Vacancy Program Date: November 11,2002 Page 3 The vacancy rebate is calculated using the following formula: Value of vacant Area Assess. Value property taxes levied on number of days vacancy 30% (Com) X whole property for X ............................... X or for the year total number of days in yr. 35% (Ind) After the information is received from MPAC, the data is entered into the taxation billing software to calculate the rebate amount. In addition, taxation staff will also review the system generated rebate cheque. Taxation Staff Actions As mentioned earlier in this report, this is the City's first year of managing the vacancy program. When the program was first introduced, staff were unsure as to the workload demands of this program. The 2002 budget did not provide any additional staffing resources due to a financial "tight" budget year and management decided that it would be best to have at least one year's experience. Our year-to-date experience indicates that this program has consumed approximately 450 hours of staff time. Taxation staff spend a large majority of their time following up with landlords or property owners regarding the information requirements of the program. By staff reviewing the applications and information submitted, approximately $8,400 was saved in vacancy rebates. The workload for this program has been managed through the use of overtime, reprioritization of activities/tasks and by promoting as much as possible automated process such as electronic property tax payment and the pre-authorized property tax payment plan. For the 2001 taxation year, the (gross) dollar value of the vacancy rebate was approximately $270,000. The cost of rebate is shared with Region, City and School Boards in the same proportion as is the revenue (property taxes) with the City's share being $40,000. The potential decrease in property taxes to the property owner and its corresponding reduction in revenue for the City places a high degree of responsibility on taxation staff. Whenever a level of Government processes rebate/refund cheques, there needs to be a high degree of accountability and verifiability to ensure that the rebate is correctly applied and processed and therefore, to reduce the possibility of abuse. To verify and audit the 2001 vacancy applications, taxation staff used the Vacancy Verification Service (WS) as provided by MPAC. MPAC's investigators would verify the data on the vacancy application by basically inspecting the property and interviewing adjoining tenants or neighbours. By employing MPAC's services, taxation staff were able to assist property owners on revising their vacancy application forms to more accurately reflect the facts. By employing the VVS service, approximately $8,100 in potential vacancy rebates was reduced. In addition, under Section 442.5(20) of the Municipal Report CS 24-02 Industrial and Commercial Vacancy Program Date: November11,2002 Page 4 Act, anyone making a false vacancy applications is subject to a fine of not more "than an amount that is twice the amount of the rebate sought and not less than $500." An additional benefit of the verification service is that it sends a positive message to the business community that the City is exercising a high degree of care regarding its stewardship function. Conclusion When the vacancy program was first introduced, Provincial officials were silent as to the need for the municipality to pass a property tax vacancy by-law. However, recent information from our property tax consultant and property tax association has suggested that it may be of benefical to the municipality to have the vacancy program formally established through by-law. Attachments: 1. By-Law to Establish a Property Tax Rebate Program Prepared By: Approved / Endorsed By: Stan Karwowski Manager, Finance & Taxation Gillis A. Paterson Director, Corporate Services & Treasurer GAP:wv Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 'F~dmak J. Q~nn, C~ef Adm~trative Officer ATTACHMENT# )' TOREPORI'#C~ ,~-"2o] THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /02 Being a by-law of The Corporation of the City of Pickering to Establish a Property Tax Rebate Program for the Vacant Portions of Property in the Commercial Property Class or the Industrial Property Class. WHEREAs the Corporation of the City of Pickering (the "Municipality") is required to have a property tax rebate program for the vacant portions of property in the Commercial Property Class and the Industrial Property Class, both as defined in s. 363(20) of the Municipal Act, pursuant to s. 442.5 of the Municipal Act, R.S.O. 1990, c.M.45, as amended (hereinafter referred to as the "Act") and; WHEREAS s. 442.5 of the Act has been supplemented by Ontario Regulation Number 325/01 (hereinafter referred to as "O. Reg. 325/01'~ and; WHEREAS the Council of the City of Picketing deems it appropriate to enact this By- Law for the purpose of establishing a property vacancy tax rebate program. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. In this By-Law: "assessment corporation" means the Municipal Property ASsessment Corporation ("MPAC') or its successor; "base property" has, for the purposes of this by-law, the meaning prescribed by s. 2(1) of O.Reg. 325/01; "eligible property" means property that has been prescribed as such by the Minister of Finance (hereinafter referred to as the "Minister") in O. Reg. 325/01 for the purposes of s. 442.5 of the Act; "eligible property classes" means property that is in the Commercial property class or the Industrial property class as defined in s. 363(20) of the Act; "inspector" means either another person designated by the Treasurer of the Municipality or an employee of the Municipality, either of whom will conduct inspections and investigations pursuant to this by-law; "mixed use property" means if portions of a property are classified in different property classes on the assessment roll, each portion shall be deemed to be a separate property for the purposes of this by-law; "period of time" means the pedod of time provided for in s. 1, 2, 3 and 4 of O. Reg 325/01 unless otherwise provided for in this by-law; "time" is a reference to a period of at least ninety (90) consecutive days shall be read as a reference to a pedod of at least eighty-nine (89) consecutive days if the pedod includes all of the month of February; "Treasurer" means the Treasurer of theCity of Picketing; "use" for the purposes of this by-law, the following activities or factors, without some other activity, do not constitute the use of a building or structure of a portion of a building: i) Construction, repairs or renovation; ii) Heating, cooling, lighting or cleaning; or iii) The presence of fixtures. 2. This by-law shall apply commencing January 1, 2002. 3. The provisions of this by-law shall be administered by the Treasurer of The City of Picketing, 4. This by-law shall apply where: a) a building or structure on proPerty in an eligible property class is unused for at least ninety (90) consecutive days as provided for in s. '1(1) of O. Reg. 325/01 and for the purposes of this by-law such a vacancy shall be referred to as a "Complete Vacancy"; b) a portion of a building on property in the Commercial property class is unused for at least ninety (90) consecutive days and the unused portion of the building was cleady delineated or separated by physical barriers from any used portion of the building provided that the unused portion of the building was: (1) capable of being leased for immediate occupation; (2) capable of being leased but not for immediate occupation due to repairs, renovations or construction that was either needed or underway; or (3) unfit for occupation; as provided for in s. 1(2) of O. Reg. 325/01 and for the purposes of this by-law such a vacancy shall be referred to as a "Commercial Partial Vacancy"; c) a portion of a building on property in the Industrial property class is unused for at least ninety (90) consecutive days and the unused portion of the building was cleady delineated or separated by physical barriers from any used portion of the building as provided for in s. 1(3) of O.Reg. 325/01 and for the purposes of this by-law such a vacancy shall be referred to as an "Industrial Partial Vacancy"; ' Notwithstanding anything in this by-law, no property shall be considered entitled to any rebate relief under this by-law where the building, structure or portion of' the building is: a) Used for commercial or industrial activity on a seasonal basis; b) Leased to a tenant who is in possession of the leasehold interest throughout the period of time; or c) Included in a subclass for vacant land under subsection 8(1) of the Assessment Act, R.S.O. 1990, c.A.31, as amended, throughout the pedod of time. 6. Subject to Section 10 hereof, a property owner or its authorized agent may make a one application for the taxation year to the Municipality where the eligible property is located for a rebate of property taxes in respect vacant eligible property. 7. The application required by the Municipality shall be set out in Schedule "A". 8. The application shall be accompanied by such additional information and documentation as the Treasurer reasonably deems to be appropriate. The application shall be accompanied by a Statutory Declaration, sworn under oath or affirmed by the owner of the property that all of the contents of the application and the accompanying information are true and correct 10. The application for a taxation year shall be made after January 1 of the taxation year and no application shall be accepted later than the last day of February of the year following the taxation year. 171 11 .An interim application for a taxation year may be made for the first six months of the taxation year. 12. A copy of the application, or interim application, shall be forwarded to the assessment corporation for determination of the value of the eligible property. 13.An inspector may attend and make entry to the buildings and structures on the property at all reasonable times and upon reasonable notice to the owner or its manager for the purposes of: a) Verifying all information accompanying the application; b) Obtaining such other information from every adult person present on the property as is required to assist in determining the applicant's entitlement to the vacancy rebate; c) Requesting or obtaining from the owner or its manager any information or documents relevant to the determination of the applicant's entitlement to the vacancy rebate. 14.The Treasurer may, by written request sent by mail, delivered Personally or by couder, require the owner or its manager to provide any information or documents relevant to the determination of the applicant's entitlement to the vacancy rebate. 15.The Treasurer may establish a reasonable time within which the owner or its manager is required to respond to a request made by the Municipality under Section 14 hereof. 16.As soon as practicable after receipt of: a) all of the information and documents relevant to the determination of the applicant's entitlement to the vacancy rebate; and b) the determination by the assessment corporation of the value of the eligible property; the Treasurer of the Municipality shall determine if the applicant is entitled to a vacancy rebate and, if so entitled, the rebate shall be calculated as follows: Multiply the applicable percentage derived from Paragraphs 18 or 19 hereof to the taxes applicable determined as follows: (a) Determine the apportioned taxes as the percentage that the value of the eligible property is of the base property multiPlied by the taxes for municipal and school purposes for the base property, for the taxation year; (b) Determine the vacancy period as a percentage of the taxation year; and (c) Multiply the apportioned taxes by the vacancy percentage. 17. In the event the vacancy period begins after October 3 in the immediately preceding taxation year then the amount of taxes for municipal and school purposes under s. 15(i)(1) hereof is determined by adding the amounts as directed by s. 2(4) of O. Reg 325/0'1. 18.The amount of rebate in respect of eligible property in the Commercial property class shall be thirty percent (30%) of the taxes applicable to the vacant area. 19.The amount of rebate in respect of eligible property in the Industrial property class shall be thirty-five percent (35%) of the taxes applicable to the vacant area. 20. A rebate determined under s. 16 hereof shall be paid .by the Municipality to the owner of the eligible property as soon as practicable following determination and a copy of the calculation shall be provided to the owner. 21.In the event a application is determined to be not entitled to a vacancy rebate the Treasurer shall advise the owner or its authorized agent, as the case may be, in writing. 22.A rebate shall be recalculated in the event that: a) taxes of the base property are reduced under s. 442 or s. 443 of the Act; or b) the assessment of the base property is changed as a result Of the following: i) a reconsideration under s. 39.1 of the Assessment Act; ii) an appeal under s. 40 of the Assessment Act; or iii) a Court application under s. 46 of the Assessment Act. 23. If, as a result of a recalculation under s. 22 hereof the Municipality has paid or credited an owner an amount greater than that determined as a result of the recalculation then the Municipality may recover the excess amount. 24.1f, as a result of a recalculation under s. 22 hereof the Municipality has paid or credited an owner an amount less than that determined as a result of the recalculation then the Municipality shall pay or credit the owner the additional rebate amount as soon as practicable following the recalculation. 25. The' Treasurer may calculate the rebate amount under this by-law based on an estimate of the amount of taxes for municipal and school purposes and then subsequently adjust the rebate amount when the amount of taxes is finally determined for the taxation year. 26.Any rebate that a property owner is entitled to under this By-Law may be set-off as a credit against any unpaid taxes or interest in respect of the property. 27. In the event a rebate is erroneously paid under this By-Law, the Treasurer may, within two years after the application for the vacancy rebate was made, notify the owner of the amount of the overpayment and any such overpayment shall be deemed to be taxes for municipal and school purposes. 28.The costs of the property vacancy rebate program shall be shared proportionately by the municipalities and school boards as the municipalities and school boards share in the revenue from the taxes on the property. 29. Interest on rebates determined under this by-law shall be paid in accordance with the provisions of s. 442.5(21 ) of the Act and s. 6, 7 and 8 of O. Reg. 325/01. 30.Any person who knowingly makes a false or deceptive statement in an. application made to the Municipality or in any other document submitted to the Municipality under this by-law is guilty of an offence and is liable on conviction to a fine that is the greater of $500.00 and twice the amount of the rebate obtained or sought to be obtained by the false or deceptive statement. BY-LAW read a first, second and third time and finally passed this 16th day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk 1 '73 Schedule "A" PICKER/NG For Adjustment of Taxes for the Year Application for Rebate of Property Taxes For Vacancies in Commercial & Industrial Property Application No. NO 0142', INSTRUCTIONS The DEADLINE for submitting applications is February 28 of the year following the taxation year to which the application refers. APplications must be delivered to: Tax Section Corporate Services Department Teh 905-420-4614 · City of Pickering Fax: 905-420.5313 Pickering Civic Complex One The Esplanade Pickering, ON LIV 6K'/ 'Any per~n who knowingly makes a false or deceptive statement n this application iS guilty of an offence and uPon conviction, is liable for a To be eligible for a rebate, a building or portion of a building must.satisfy the conditions described in Category 1 or Category 2 below. ELIGIBILITY (please check [~ to confirm eligibility) CATEGORY 1 - Buildings that are Entirely Vacant A whole commemial or industrial building will be eligible for rebate if: [~ the entire building Was unused for 90 con-~ecutlve days. CATEGORY 2 - Buildings that are Partially Vacant A suite or unit within a commercial building will be eligible for rebate if, for at least 90 consecutive days it was: ~ unused; and {~ cleady delineated or physically separated from the used portions of the building; and ~ either [~ capable of being leased for immediate occupation, or [~undergoing or in need of repairs or renovations that prevented it from being available for lease for immediate occupation, or ~ unfit for occupation. A portion of an industrial building will be eligible for a rebate if for at least 90 days consecutive days, it was: · El unused, and · ~ clearly delineated or physically separated from the used portions of the building. EXCLUSIONS A building or portion of a building will not be eligible for a rebate if: it is used for commercial or industrial activity on a seasonal basis; during the period of vacancy if was subject to a lease, the term of which had commenced; or during the period of vacancy it was included in a sub-class for vacant land. PROPERTY INFORMATION Address (Number and S~met) Pickering PrO~o~nta rio Posta c~e C~y/Town/Maniclpalfty, etc, Owner's Name Mailing Add=u=u (Number and Sheet) City/Tow1.3.;u nicipality, etc. Roll Number (see your notice of pmpe~y asss~sment, your property tax bill, er contant your local municiparity) Rapreaantatlve'alAgeltt~s Name (If applicable) Mailing Addruss (Number and Street) IProvince J Postal Code ~ax Numt~r Clty/Town/Munfcipallty, etc. Province I Postal Code Phone Number Phone Number ( ). ( ) (Include unit/suite number, floor number, building manber. Attach sketch if necessary) ! ~o, tll¥ that th~ Information contained In ell pa~,,~ o~ ~his [orm and et'taclim~n~ I$ tree and I Narne of App,,cant (please pdnt) I Signature I Date Perkxt of Vaosnoy (Must be at isust 90 ccasecutfve days) FROM TO day month day mon~ FaX Number ( The il~l'~,~ ,, ,=~;uh on this form is collected under the aulhoflty of section 442.6 of the Municipal Act and Ontario Regulation 325/01 end 'it will be used only for the punposes of determining eligibility for a property tax rebate and tl~ amount of the rebate in respect oi' vacant commercial and Industrial buildings. Quecitcms about the collection of perecnal informaUon should be directed to your local municipal FICKEI G 175 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report CS 27-02 of the Director, Corporate Services & Treasurer, concerning the Establishment of a Reserve for Continuing Studies and Reserve, be received; and That the Treasurer be authorized to establish a Reserve to be known as the Reserve for Continuing Studies and Consulting and that the Treasurer be authorized to transfer any funds in the annual Current and Capital Budget approved for such undertakings and unspent at year end in each year hereafter to the Reserve; and a) That the $75,000 approved in the 2002 Current Budget General Government (2126-2392) for the City's portion of the asset equalization payment in regards to APTA be transferred to this Reserve; and b) That the amount of $75,000 as approved in the 2001 Capital Budget for asset equalization be transferred to this Reserve; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 1.76 PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: CS 27-02 Date: October 28, 2002 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Establish a Reserve for Continuing Studies and Reserve Recommendation: 1. It is recommended that Report CS 27-02 of the Director, Corporate Services be adopted by Council and that: the Treasurer be authorized to establish a Reserve to be known as the Reserve for Continuing Studies and Consulting and that the Treasurer be authorized to transfer any funds in the annual Current and Capital Budget approved for such undertakings and unspent at year end in each year hereafter to the Reserve; 3a)the $75,000 approved in the 2002 Current Budget General Government (2126- 2392) for the City's portion of the asset equalization payment in regards to APTA be transferred to this Reserve; b)the amount of $75,000 as approved in the 2001 Capital Budget for asset equalization be transferred to this Reserve; and, 4. the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: Transfer of $75,000 approved under general consulting for a portion of the asset equalization payment necessary regarding APTA. Report CS 27-02 Date: October 28, 2002 Subject: Establish a Reserve for Continuing Studies and Consulting Page 2 177 Background: Reserve for Continuing Studies and Consulting Quite often the annual current budget contains provisions for studies, consultants, lawyers etc. to be engaged in some respect to assist in the business of the City. Often these efforts are not completed by year end. Under accounting rules, the approval to expend the funds for these efforts ceases at year end, however, the work may continue beyond that date. Recommendation #2 provides for the establishment of a Reserve to transfer unspent funds into and accommodate this frequent timing difference between the approval and the expenditure. Should the efforts continue into the following year the Treasurer is authorized to continue to pay bills under the original Council approval. However, the Current Budget for the immediately following year must include the balance of the expenditures with the funding to be provided from the Reserve. In this way, efforts can continue as originally approved by Council. In the 2002 Current Budget there was $75,000 approved under General Government Consulting (2126-2392). This represented a portion of the funds to pay to the Town of Ajax for asset equalization purposes in regards to APTA. This payment will be necessary once the assets are transferred to APTA. Similar action is required in regards to the 2001 provision. The 2003 Current Budget will contain a similar provision. Attachments: Not applicable Prepared / Approved / Endorsed By: GAP:vw Copy: Chief Administrative Officer Gillis A. Paterson Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City Council Thom~f~ Ji Qui~(n, ChieCAdminist~e Officer~ 178 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report CS 30-02 of the Director, Corporate Services & Treasurer, be received; and That the temporary borrowing limit to meet 2003 current expenditures pending receipt of taxes and other revenues be established at $23,000,000 for the period January 1, 2003 to September 30, 2003 inclusive, and $11,000,000 thereafter until December 31, 2003; and That the temporary borrowing limit for capital purposes for 2003 be established at $16,000,000; and That the attached By-law be read three times and passed; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto, PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: CS 30-02 Date: November 1,2002 I'79 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2003 Temporary Borrowing By-Law Recommendation: 1. It is recommended that Report CS 30-02 of the Director, Corporate Services & Treasurer be received; 2. The temporary borrowing limit to meet 2003 current expenditures pending receipt of taxes and other revenues be established at $23,000,000 for the period January 1, 2003 to September 30, 2003 inclusive, and $11,000,000 thereafter until December 31,2003; The temporary borrowing limit for capital purposes for 2003 be established at $16,000,000; The attached By-Law be read three times and passed; and, The appropriate officials of the City of Picketing be authorized to take the necessary actions to give effect thereto. Executive Summary: Not applicable 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. An estimate will be provided at a later date in the 2003 Current Budget. With internal borrowings being undertaken to the maximum advisable, we have resorted to external borrowing from the Region in 2002. For Current purposes, the $21 million limit for 2002 has been increased to $23 million for 2003 and the $10 million has been increased to $11 million. The limit for Capital purposes has been increased from $12 million for 2002 to $16 million for 2003. This may have to be adjusted once 2003 Capital budget has been approved. Report CS 30-02 Subject: 2003 Temporary Borrowing By-Law Date: November1,2002 Page 2 Background: The borrowing of funds for current and capital purposes may become necessary during the normal course of operations during 2003. Under the provisions of Section 187 of the Municipal Act, R.S.O. 1990, (the Act), the Council of the City of Pickering 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 Section 188 of the Act the Corporation may also undertake temporary borrowings, under individual project approvals, for capital projects pending permanent financing, including the issuance of debentures by the Region. Current Budqet Financinq: The amount of such temporary borrowing outstanding at any one time is generally 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 next preceding year. Based upon the 2002 estimates of the Corporation, the allowable level of temporary borrowing outstanding under legislation is estimated at $23,000,000 from January 1 to September 30 and $11,000,000 thereafter. The requested $23,000,000 should be sufficient to meet the current expenditures of the City until the levies for 2003 are received. It is hoped 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. Capital Budget Financinq: Borrowing for capital purposes under Section 188 of 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 the Treasurer to obtain additional temporary interim financing (internal or external) for capital projects approved by Council. The $16 million capital borrowing limit would provide sufficient funds to cover the estimated 2003 capital expenditures. Attachments: 1. 2003 Temporary Borrowing By-Law Report CS 30-02 Subject: 2003 Temporary Borrowing By-Law Date: November 1,2002 ~_ ~_1_ Page 3 Prepared By: Caryn Kong \ Senior Financial Analyst Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ;h"~"as J. Qu~n, Chief Admi "' ' ' n~ ATTACHPIENT# { TOrPOR,T# (~'5' THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2003. WHEREAS Section .187 of the Municipal ACt provides that the Council of the City of Pickering may by by-law authorize the Mayor and Treasurer of the Municipality 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 .Municipality for the year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality, and the sums required by law to be provided by the Council for any local board of the Municipality; and, WHEREAS Section 187(2)limits the total of such borrowings to not exceeding 50 per cent of the estimated annual revenues from January 1, 2003 to September 30, 2003 and 25 per cent thereafter; and, WHEREAS it is deemed necessary by the said Council to borrow the sum of twenty- three million dollars ($23,000,000) to meet, until the taxes for the current year are received, the current expenditures of the Municipality for the year 2003, including the amounts and sums aforesaid; and, WHEREAS the said sum of twenty-three million dollars ($23,000,000) 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 Municipality from January 1 to September 30 as set forth in the estimates adopted by the said Council for the year 2002 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies and $11,000,000 is less than 25 per cent thereafter; and, WHEREAS Section 188 of the Municipal Act 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 said Council to borrow the sum of sixteen ' million dollars ($16,000,000) to meet the capital expenditures approved by Council, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Treasurer of the City of Picketing be and they are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding twenty-three million dollars ($23,000,000) to meet, until the levies for the year 2003 are received, the current expenditures of the Municipality for such year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality for the period January 1, 2003 to September 30, 2003 inclusive and $11,000,000 thereafter until December 31, 2003. 1. 183 The Mayor and Treasurer of the City of Pickering be and they are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding in all the sum of sixteen million dollars ($16,000,000) to meet the capital expenditures as approved by Council, of the Municipality including the .amounts' required for principal and interest. 2. 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 and may be countersigned in writing by the Manager, Accounting Services of the Corporation in accordance with the provisions of the said Act. 3. This By-Law shall come into effect on the first day of January 2003. BY-LAW read a first, second and third time and finally passed this Wayne Ar[hum, Mayor Bruce Taylor, Clerk 184 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY 1. That Report CS 29-02 of the Director, Corporate Services & Treasurer, be received; and 2. That the 2003 Interim Operating Expenditures be approved at 50% of the prior years' budget including exceptions as contained in Attachment 1, pending approval of the formal 2003 Current Budgets by Council; and 3. That the Treasurer be authorized to transfer to the Ajax Pickering Transit Authority (APTA) a maximum of 50% of APTA (City of Pickering's share) prior years' budget, pending approval of the formal APTA 2003 Current Budgets by Council; and 4. The appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. PICKERING REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: CS 29-02 Date: November 1,2002 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2003 Interim Spending Authority Recommendation: It is recommended that Report CS 29-02 of the Director, Corporate Services & Treasurer be received; The 2003 Interim Operating Expenditures be approved at 50% of the prior years' budget including exceptions as contained in Attachment 1, pending approval of the formal 2003 Current Budgets by Council; The Treasurer be authorized to transfer to the Ajax Pickering Transit Authority (APTA) a maximum of 50% of APTA (City of Pickering's share) prior years' budget , pending approval of the formal APTA 2003 Current Budgets by Council; and, The appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Not applicable Financial Implications: Adoption of interim current operating appropriations does not constitute approval of a formal budget but rather is required to provide funding authorization for the payment of salaries and wages and such other accounts as may be necessary for normal day-to-day operations of the City. At the conclusion of the Budget process, all interim current operating appropriations are nullified and replaced with the detail appropriations as approved by Council. Background: Each year, pending approval by City Council of the annual Operating Budget, it is necessary to provide expenditure authority respecting the payment of accounts for the interim period from January 1 until the Budgets are adopted by Council. Such authority is in the form of interim current operating 196 Report CS 29-02 Subject: 2003 Interim Spending Authority Date: November 1,2002 Page 2 appropriations to meet estimated expense requirements of the individual departments, agencies and boards. The 2002 Current budget was considered by Council in April 2002. Fiscal year 2003 may prove to be as challenging as 2001 and/or 2002 due mainly to Bill 140 and its impact on taxation. Therefore, we are seeking approval to provide for interim spending authority for up to the first six months of 2003 or when COUNCIL APPROVES THE 2003 BUDGET, whichever occurs first. At the conclusion of the budget process, all interim appropriations are nullified and replaced with the detail appropriations as approved by Council. Appropriate adjustments have been made in the departmental appropriations listed as Attachment 1 where the spending patterns indicates that something greater than 6/12's will be necessary for the first six months of 2002 such as snow clearing (Roads). The Interim Appropriations as listed are based upon the former administrative structure of the City and being the basis upon which the 2002 Budget was presented and approved. Note that there is a decrease in expenditure reflecting transfer of Public Transit and Specialized Services to APTA which is addressed separately in Recommendation Cf 3. Any capital projects proposed prior to the approval of 2003 Capital budget will require specific approval by Council. Attachments: 1. 2003 Interim Appropriations for Current Operating Expenditures Prepared By: Caryn Kong Senior Financial Analyst Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Attachments . Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 'R~o~l~as ). Qui~, Clef Administ~_ve Off,er ATTACHHENT # .,,, ! TO P, EPOB,T #_¢_,~'..~.--o,2 CiTY OF PICKERING 2003 INTERIM CURRENT OPERATING APPROPRIATIONS .~ .~. 7 ACCOUNT DEPARTMENT 2111 Mayor 2113 Council 2121 C.A.O. Office 2122 Clerk Office 2124 Civic Complex 2125 Legal Services 2127 Finance 2129 Customer Care Centre 2132 Property Maintenance 2133 Supply & Services 2139 Human Resources 2141 Safety & Training 2190 City / Corporate Efficiency & Exp. 2191 Elections 2192 Corporate Projects and Policy 2196 Information Technology 2198 Records Management 2199 Print Shop/Mail Room 2220 By-Law 2230 Crossing Guards 2240 Fire Protection 2241 Emergency Operation Control Cent 2290 Mun. Prop. & Eng. & Admin. 2293 Animal Control 2315 Municipal Garage 2320 Roads 2325 Street Lights 2350 Public Transit 2360 Specialized Services 2430 Solid Waste 2572 Senior Citizens Centre 2610 Plan & Develop- Admin 2611 Planning 2612 Building Services 2613 Development Control 2710 Operations & Emerg. Services-Admi 2711 Cult. & Rec. Admin. 2712 Programs 2713 Dunbarton Pool 2715 Don Beer Arena 2718 Parks 2719 Community Centres 2731 Recreation Complex - Central Core 2733 Recreation Complex - Pool 2735 Recreation Complex - Arenas 2743 L.A.C.A.C. 2744 Museum 2745 Libraries Various-Gen. Govt TOTAL 2003 2002 (Jan 1- June 30) APPROVED INTERIM BUDGET APPROPRIATION $ 150,913 364,856 306,448 449,628 395,422 403,673 1,414,138 129,024 326,374 326,523 508,722 105,873 386,656 448,997 515,276 15,000 369,343 438,335 240,000 8,266,086 10,881 903,844 259,300 300,181 3,342,031 481,000 1,669,421 189,084 582,005 986,205 604,289 427,771 376,204 686,095 1,576,816 244,808 589,092 1,898,982 400,381 1,719,161 605,854 596,897 10,150 328,630 3,334,023 3,950,419 $ 41,634,811 $ 4,194,101 $ 75,457 182,428 153,224 224,814 197,711 201 837 7O7 O69 64 512 163 187 163.262 254.361 52.937 193.328 224,499 257,638 7,500 184,672 219,168 120,000 4,133,043 5,441 451,922 129,650 150,091 2,038,639 240,500 834,711 94,542 291,003 493,103 302,145 213,886 188,102 343,048 788,408 122,404 294,546 949,491 200,191 859,581 302,927 298,449 5,075 164,315 1,667,012 1,607,587 $ 20,817,406 $ 2,097,051 APTA Current-sum pages 2002 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report CS 28-02 of the Director, Corporate Services & Treasurer, concerning Cash Position Report as at September 30, 2002, be received for information. REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: CS 28-02 Date: October 29, 2002 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Cash Position Report as at September 30, 2002 Recommendation: It is recommended that Report CS 28-02 from the Treasurer be received for information. Director, Corporate Services & Executive Summary: Section 81 of the Municipal Act provides that semi-annual cash position statements be prepared by the Treasurer for the information of Council. The attached schedules provide the City of Pickering's cash position, continuity of taxes receivable, outstanding investments, development charges collected and other development contribution information for the three months ended September 30, 2002. Financial Implications: The cash position of the corporation for three months ended September 30, 2002 was a net decrease in cash of $235,896. Sources of Funds totalled $55,166,312 and Use of Funds totalled $55,402,208. Background: Although the Act provides that Cash Position statements be prepared semi-annual, Corporate Services staff have opted to prepare this report on a quarterly basis commencing the end of the second quarter to provide more timely reporting. The discussion below describes the purpose and the information contained in each of the attached schedules. Statement of Cash Position: Attachment 1 reflects the sources and uses of funds for the third quarter of 2002. Subcategories have been identified to highlight those cash transactions that are significant in nature or large dollar value transactions for the City of Pickering. Continuity of Taxes Receivable: Attachment 2 summarizes the tax related transactions to September 30, 2002 and provides the outstanding taxes receivable as at September 30, 2002. This balance represents all three levels of taxes billed, such as City, Region and School Boards. The significant outstanding balance arises due to the timing of billing and tax due dates. The final Commercial billing was issued September 30, 2002 with a tax due date of October 29. Therefore, since the taxes billed for June and Report CS 28-02 Subject: Cash Position Report as at September 30, 2002 Date: O~ober29,2002 Page 2 September are reflected on this schedule the taxes receivable appear grossly disproportionate. Outstandinq Investments: investments for both the September 30, 2002. Attachment Current Fund 3 reflects the short-term and long-term and the Reserve Funds outstanding as at Development Charqes Collected: Attachment 4 indicates the total development charges for the City, Region and School Boards, as the City is responsible for collecting development charges on behalf of all levels of government. The total amount collected of $2,226,090 agrees with the balance indicated under Sources of Funds on Attachment 1. However the remittance of development charges to the Region and School Boards indicated under the Use of Funds is different than the total collected on Attachment 4. This variance is a result of timing differences because payments to the Region and School Boards are due 25 days following the month collected. Other Development Contributions: Attachment 5 is provided to show other significant development contributions that have been received. This report was done in accordance with the provisions of Section 81 of the Municipal Act, R.S.O. (1990). Attachments: 2. 3. 4. 5. Statement of Cash Position Continuity of Taxes Receivables Outstanding Investments Statement of Development Charges Collected Other Development Contributions Prepared By: Gillis A. Paterson Director, Corporate Services & Treasurer Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City~,_o. uncil ,~ -.¢2¢ , ',.¢ ,, /T-'I~o~ J. ~l~inn, (7~ief Admin~. 191 ~TTACHMENT#-L. TO REPORT# ~ ~-oo~ City of Pickering Cash Position Statement for the three months ending September 30, 2002 September, 2002 Sources of Funds: Accounts Receivable collected $ 195,422 Development charges collected 2,226,090 Operating 13,090,807 Grants-in-lieu: Federal 302,877 Provincial Ontario enterprises 986,149 Municipal enterprises 6,419 Linear Properties Federal specific grants 1,467 Ontario specific grants 23,132 Interest Income 193,294 Sale of land - Tax payments received 36,506,009 POA Revenue 5,046 GO Transit Allocation from Region 1,629,600 Total $ 55,166,312 Use of Funds: Operating and Capital Expenditures $ 15,878,465 Payroll 6,754,385 Region Levy 21,347,613 Regional portion of Dev. Charges 575,971 School Board Levies 9,312,826 School Board portion of Dev. Charges 307,278 APTA Funding 1,225,670 Total $ 55,402,208 Net Cash Increase (Decrease) $ (235,896) FINANCIAL POSITION Bank Balance Net Cash Bank Balance June 30, 2002 Provided (Used) Sept. 30, 2002 Current Fund $ 3,667,794 $ (235,896)i $ 3,431,898 TOTAL $ 3,667,794 $ (235,896) $ 3,431,898 Note: Includes City, Region and School Boards CF Sept 2002NET CHANGES ATTACHMENT # ~.~__.TO REPORT qqqqqqq 0000000 0000000 ~00~ ~00~ ~~6~6 ATTACHMENT# 5~ TO ~I~RT# ~':~ ~ ~" -0 O~ I"- Z LI.I Z 0000 qqqq 0000 0~00 ~000 zqqq ~0,-gg 000 000 000 000 000 000 000 6.66 6-~ 6 ~o~0 ~×~ EEEE ~ ZZZZ ~ 193 1,94 ATTACHMENT #~TO B, EPOKT #~.,J.~- O~ I-. Z ::3 0 City of Pickering Other Development Contributions For three months ending September 30, 2002 CONTRIBUTIONS: Cash ~ In - Lieu of Parkland TOTAL CASH-IN-LIEU OF PARKLAND $9,800 $9,800 CF Sept 2002Other Dev. Contrbtns 196 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report CS 31-02 of the Director, Corporate Services & Treasurer, concerning Tridel/Options for Homes Development Final Phase, be received; and That Council advise staff if it wishes to provide relief from the provisions of the 1987 Development Agreement respecting cash-in-lieu of parkland payment for the last phase of the development, being 1200 The Esplanade North, based on the same formula as was applied to the Millennium Apartment at 1000 The Esplanade North at an estimated cost of approximately $132,000; and That Council advise staff if it wishes to consider permitting, in addition to the relief from Development Charges in the estimated amount of approximately $112,000 as provided by the 1987 Agreement, any further relief in the form of deferral of all parkland payments, fees, charges and development charges: a) totalling $700,000 or less at an estimated cost of approximately $178,000 until the units are resold or a maximum of 15 years after any agreements are executed; and b) totalling more than $700,000 at an estimated cost of approximately $31,000 until one year following project negotiation; and That should Council determine that it wishes to consider relief outlined in Recommendations 2 and/or 3 above, that the Chief Administrative Officer, the Director, Corporate Services & Treasurer and the Director, Planning & Development be authorized and directed to enter into discussions with the appropriate representatives of Deltera Inc. and Options for Homes in order to determine and explore all options, the potential costs to the City and to present the results of these discussions at the earliest possible opportunity for the consideration of the Committee and Council; and That appropriate officials of the City of Pickering be given authority to give effect thereto. 198 REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: CS 31-02 Date: November 13, 2002 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Tridel/Options for Homes Development Final Phase 1200 The Esplanade North (East of Millennium Building) Recommendation: 1. That Report CS 31-02 of the Director, Corporate Services & Treasurer be received for information and that: Council advise Staff if it wishes to consider providing relief from the provisions of the 1987 Development Agreement respecting cash-in-lieu of parkland payment for the last phase of the development, being 1200 The Esplanade North, based on the same formulae as was applied to the Millennium Apartment at 1000 The Esplanade North, at an estimated cost of approximately $132,000; Council advise staff if it wishes to consider permitting, in addition to the relief from Development Charges in the estimated amount of approximately $112,000 as provided by the 1987 Agreement, any further relief in the form of deferral of all parkland payments, fees, charges and development charges: a) totaling $700,000 or less at an estimated cost of approximately $178,000 until the units are resold or a maximum of 15 years after any agreements are executed; b) totaling more than $700,000 at an estimated cost of approximately $31,000 until one year following project negotiation; Should Council determine that it wishes to consider relief outlined in Recommendations 2 and/or 3 above, that the Chief Administrative Officer, the Director, Corporate Services & Treasurer and the Director, Planning & Development be authorized and directed to enter into discussions with the appropriate representatives of Deltera Inc. and Options for Homes in order to determine and explore all options, the potential costs to the City and to present the results of these discussions at the earliest possible opportunity for the consideration of the Committee and Council; and, Report CS 31-02 Date: November 13, 2002 Subject: Tridel/Options for Homes Development Final Phase Page 2 1200 The Esplanade North (East of Millennium Building) 199 5. that appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: Deltera Inc. (Tridel) and Options for Homes propose to develop the last phase of the Apartment/Casita complex located in the City's downtown, between Kingston Road and the Esplanade North (1200 The Esplanade North). The project consists of an eleven (11) storey apartment building containing 220 units. In order to accommodate the development, assist in the provision of affordable home ownership, and provide special accessible units for 8-12 households, Options for Homes and Deltera are requesting that the City provide financial relief in the form of parkland cash-in-lieu payment reduction, and the deferral of parkland, development charge, and other municipal fees and levies. Further, Options for Homes requests that the City designate the lands as a "revitalization area" for the purpose of homeowner grant eligibility. Staff are supportive of initiatives to complete this important area of Pickering's Downtown, with the continuing involvement of Tridel as builder. Generally speaking, staff are also supportive of the concept of providing more affordable ownership housing accommodation in the City. We understand that the external elements of this project will be of high quality standards as the existing apartments at Discovery Place. Tridel has recently submitted a Site Plan Application for this project which is currently under review by staff. This report outlines details of the requests, as staff understands them, and considers the related financial implications. Council direction is necessary in order to confirm its interest in considering further the request for the parkland reduction and the reduction and deferral of fees and charges. Financial Implications: The total estimated benefit to the developer, representing either a direct cost to the City, or lost income is as follows: Parkland Dedication Development Charges Deferral of $700,000 Deferral of over $700,000 Total Benefit $132,355 112,476 178,000 31,132 $453,96~ Any financial decisions favouring the developer, especially those involving development charges, will have to be made up by an increase in property taxes as the ~majority of these items affect the Development Charges Study approved by Council in 1999. Report CS 31-02 Date: November 13, 2002 Subject: Tridel/Options for Homes Development Final Phase Page 3 1200 The Esplanade North (East of Millennium Building) Background: Deltera Inc. (Tridel) and Options for Homes proposes to complete the development of lands between Kingston Road and the Esplanade North with an eleven (11) storey apartment building containing 220 dwelling units (see Attachment 1). In letters from Options for Homes and Deltera Inc. dated August 23, 2002 (see Attachment 2), and August 29, 2002 (see Attachment 3) respectively, various requests of the City are set out pertaining to the reduction and deferral of municipal fees and development charges. We have reviewed the Options for Homes letter to the Chief Administrative Officer dated August 23, 2002; the Report to Council from the Town Solicitor dated May 23, 1998 on the previous Phase (Millennium Building); the agreements between Duffin Developments Inc., Discovery Place Limited and the Town of Pickering dated January 19, 1987, and June 3, 1998; other documents as provided to us. The following is based upon our understanding of the foregoing. The current proposal calls for 220 units of which 51 per cent (113 units) are one bedroom and 49 percent (107 units) are two bedroom or larger. Comments in this report pertain to the financial considerations requested of the City and not the Region nor the School Boards. Michel Labbb's letter of August 23, 2002 lays out the detail of his request of the City. This report addresses the issues in the order they appear in that letter. Also attached for information is: a letter dated September 3, 2002 from McLevin Co-Operative Development Corporation (see Attachment 4); an Information Flyer/Letter outlining the project dated July 10, 2002 (see Attachment 5); an Options for Homes 'Frequently Asked Questions' sheet (see Attachment 6); a letter dated September 11, 2002 from the Chief Administrative Officer to Deltera Inc. (see Attachment 7); and, a letter dated September 16, 2002 from the Chief Administrative Officer to the President, Options for Homes (see Attachment 8) Reduction of Cash-in-Lieu for Parkland Dedication Fees The letter of August 29, 2002 from Elio Zoffranieri, Senior Manager Planning Services for the Deltera Inc to the Chief Administrative Officer contains the following statement, in part: "...this letter shall serve as a formal request for both deferral and reduction of the cash-in-lieu of parkland dedication requirement...using the same formula used for the Millennium Building .... " On January 19, 1987 Duffin Developments Inc., Discovery Place Limited and the Town entered into a Development Agreement respecting the development of lands that currently comprise the Tridel Apartment and Casita projects. Section 33 of the agreement provided that a cash-in-lieu payment for the provision of parkland be paid for Report CS 31-02 Date: November 13, 2002 Subject: Tridel/Options for Homes Development Final Phase Page 4 1200 The Esplanade North (East of Millennium Building) each residential condominium apartment building prior to the issuance of a building permit for that building. The agreement set out a formulae for the determination of the payment amount which included a 10% per annum increase (not compounded) in the amount payable to provide for inflationary and other escalating factors. According to the Agreement the payment is to be calculated as follows: $1,392,825 x N 5 (where N is 1.0 if the payment is made in 1987, and increases at the rate of 0.1 per year thereafter) At the time the Agreement was entered into the parties anticipated that the entire five phases of the development would be built out by June of 1990. Unfortunately the economic climate changed and to date, only four of the five phases have been completed. The first three phases of the development, consisting of two apartment towers and the Casitas, provided parkland cash-in-lieu payments in accordance with the agreement formulae (totaling $1,086,403). The forth phase, being the 253 unit 'Millennium' apartment building received some relief in cash-in-lieu payment from Council. Rather than apply the formulae of the agreement, Council agreed to a payment option which used the Casita 1994 parkland payment of $473,560 indexed by the rate of inflation since 1994 established by the Consumer Price Index for Toronto. This resulted in a payment of $512,335 for the Millennium phase. This represented a benefit of $72,650 to the developer. Deltera/Options for Homes requests that Council apply the same relief approach to the cash-in-lieu requirements for the final apartment tower phase. They request that the payment be based on the Casita payment, indexed by the rate of inflation since 1994. This will result in a payment of $564,057, which represents a benefit of $132,355 to the developer (payment of $696,412 would be required under the formulae of the 1987 development agreement if the building permit is issued in 2002). Designation as Revitalization Area for the Purpose of Homeowner Grant Eligibility Options for Homes, in its August 23, 2002 letter, requests that the lands proposed for the apartment tower development be designated by Council as a "revitalization area" for the purposes of "making the building eligible for homeowner grants that will soon be available to purchasers in Ontario". It is stated that this grant will be between $6-8,000 per unit and available to purchasers whose incomes are below the 60th percentile for Pickering, who are currently renting and buy in a revitalization area. Mr. Labb6 of Options for Homes advised that the grant monies would reduce the first mortgage on the units, lowering the monthly carrying costs by about $50 per month for each unit. Report CS 31-02 Date: November 13, 2002 Subject: Tridel/Options for Homes Development Final Phase Page 5 1200 The Esplanade North (East of Millennium Building) Staff contacted the Ministry of Municipal Affairs and Housing to receive information on the homeowner grants referenced by Mr. Labb6. The Ministry advised that details on the affordable urban home ownership program have not yet been finalized or released, although discussions between the Province and some stakeholders have been held. It appears that the Federal Government may tie its participation in the grant program to housing that is made available within designated 'revitalization areas'. Until such time as details are available respecting this anticipated grant program, it would be premature for the City to apply any specific 'designations' to this area, such as a 'revitalization area' designation. Further, these lands are located in the City's downtown core, within a complex of prestige buildings and in an area considered to hold high development potential and desirability. The appropriateness and necessity of designating these lands as a 'revitalization area' would have to be fully considered. Municipal Fees and Levies Options for Homes further requests that the City defer the first $700,000 of municipal fees and levies to when the suites are resold. This deferral is requested in order that their client, the McLevin Corporation, can help 8-12 households with physical disabilities and requiring care to purchase in the building (special accessibility units). Further, the deferred funds would be used to help people with their down payments to make units in the building affordable at various income levels (see Attachment 2). If this amount determines affordability of the units, then based upon the information provided in Mr. Labb6's letter, affordability ceases for the original target owner audience upon resale. Fees and levies normally payable to the City are: Building Permit Fees (estimated) Site Plan Approval Draft Plan of Condo and Release Parkland Dedication Development Charges Total Payable $145,000 6,250 1,800 696,412 660,000 $1,5O9,462 Development Charqes In considering Deltera's request for a reduction in parkland cash-in-lieu payment, one must also take into consideration the reduction in City development charges provided by the terms of the 1987 agreement. While the parkland payment requirements under the 1987 agreement are significant, so is the relief provided by the Agreement in development charge payments. The agreement requires that the City development charge (unit levy) be the lesser of the amount of the Town's two-bedroom apartment Report CS 31-02 Date: November 13, 2002 2 i.~t 3 Subject: Tridel/Options for Homes Development Final Phase Page 6 1200 The Esplanade North (East of Millennium Building) residential unit levy in effect on the day of payment by the owner or $3,000 per unit if paid after January 31, 1990. When Council granted the parkland payment relief for the Millennium apartment building in 1998 and processed the building permit, the Town's two-bedroom apartment development charge was $3,754 (excluding hydro payment of $663). Consequently, the provisions of the 1987 development agreement did provide significant savings to the developer of approximately $92,778. The City's current two- bedroom apartment unit development charge is $4,029, resulting in a significant savings to the developer of $1029 per two bedroom unit as shown below. Consideration must be given to the development charge savings provided to the developer through the 1987 agreement when considering any financial relief that Council may wish to grant respecting parkland cash-in-lieu payment. The 1987 Agreement "caps" development charges at $3,000 per unit, which is confirmed in the 1998 agreement which, when multiplied by the 220 units, equals $660,000. Inherent in this condition is an unrecognized savings to the developer under the City's current Development Charge By-Law as follows: Size One bedroom & smaller Two bedroom & larger Less "capped" amount Unrecognized loss to the City Development No. of Cha~e/Unit Units Total $3,021 133 $341,373 $4,029 107 431,103 .660,000 $112,476 The proposal calls for the deferral of the $700,000 until the units are sold OR a minimum of $100,000 per year commencing 5 years after registration of the condominium and thereafter for 8 ¼ years. The letter states that this would "...guaranteeing a 21% rate of return". There were no details of this calculation but assuming $100,000 per year for 8 ½ years equals $850,000. The difference or additional funds over the deferred $700,000 would be $150,000 which would appear to produce the 21% rate of return. HOWEVER, the calculation ignores the time value of money or the lost interest income on the money deferred. In other words a dollar today is worth approximately 4 per cent more than a dollar one year from now. Conversely, a dollar on year from now is worth 96 cents today. As perhaps a "worst case" scenario, assuming registration takes place one year later plus the deferral of 5 years thereafter plus the repayment timeframe of 8 ¼ years (assuming no resale) equals a total deferral of 14 ½ years. Under these assumptions the $850,000 is worth approximately $522,000 today. This results in a savings to the developer, or a loss to the City of $328,000, or 47 per cent. Deducting the $522,000 from the original deferred $700,000 results in a direct cost to the City of $178,000 or 25 per cent. Report CS 31-02 Date: November 13, 2002 Subject: Tridel/Options for Homes Development Final Phase Page 7 1200 The Esplanade North (East of Millennium Building) Under a "best case" scenario, registration takes place immediately upon completion, which occurs quickly and resales occur at the rate of 10 per cent per year. While no details are provided on the amount payable to the City upon resale, dividing the deferred $700,000 by 220 units yields $3,182 per unit or a total of $70,000 per year. This would occur for the first 5 years totaling $350,000 with $100,000 payable in years 5 through 8 ¼ . The estimate present value of this stream of funds is $536,000 representing a cost to the City, or saving to the developer, of $164,000 or 23 per cent. Options for Homes also request a deferral of any amounts owing the City in excess of $700,000 until "...after the closing of the condominium". We assume this refers to the registration of the condominium. If correct, then $809,462 ($1,509,462-700,000) would be deferred for one year resulting in a present value of $778,330 and a savings to the developer, or cost to the City of $31,132. Mr. Labb6's letter states that the deferrals would be guaranteed by Home Ownership Alternatives Non Profit Corporation. Until more is known about this company, we cannot offer comments on this aspect. Conclusion The total estimated benefit to the developer, representing either a direct cost to the City, or lost income is as follows: Parkland Dedication Development Charges Deferral of $700,000 Deferral of over $700,000 Total Benefit $132,355 112,476 178,000 31,132 $453,963 Any financial decisions favouring the developer, especially those involving development charges, will have to be made up by an increase in property taxes as the majority of these items affect the Development Charges Study approved by Council in 1999. General Pickering Hydro Development Charges applicable prior to August 1999 and no longer payable save the developer approximately $145,000 using the 1998 amount. Mr. Labb6's letter states that "...Our building will generate approximately $400,000 in property tax revenue annually". If correct, the City's portion of this amount would be approximately $154,000 using 2002 Tax Rates, the balance being shared between the Region of Durham and the School Boards. Report CS 31-02 Date: Subject: Tridel/Options for Homes Development Final Phase 1200 The Esplanade North (East of Millennium Building) November 13, 2002 2 !"~ 5 Page 8 I would like to point out that while the letter contains several references to the need for the City to agree to the requests in order to make the project affordable, and to provide accessible units, oral communication from Mr. Labb6 to the City's CAO's office indicated that Options for Homes' marketing campaign does not take into consideration the financial effects of any of the above mentioned reductions or deferrals. This would seem to indicate that favourable consideration by the City would not have any financial effect on their proposal. This needs to be clarified. Finally, the foregoing is subject to review and revision as discussions continue, more details become known and I become more familiar with this matter. I must caution that our current financial climate within the City's operations make granting financial concessions a matter that requires serious consideration. Attachments: 2. 3. 4. 6. 7. 8. Location Map Letter from Options for Homes dated August 23, 2002 Letter from Deltera Inc. dated August 29, 2002 Letter from McLevin Co-Operative Development Corporation dated September 3, 2002 Information Flyer/Letter dated July 10, 2002 Options for Homes 'Frequently Asked Questions' Letter to Deltera Inc. dated September 11,2002 Letter from Options for Homes dated September 16, 2002 Report CS 31-02 Date: Subject: Tridel/Options for Homes Development Final Phase 1200 The Esplanade North (East of Millennium Building) November 13, 2002 Page 9 Prepared By: Gillis A. Paterson Director, Corporate Services & Treasurer Endorsed By: Director, Plann'T~g & Development Attachments Copy: Chief Administrative Officer Approved By: Chief Administrative Officer Recommended for the consideration of Pickenng ~_~,~ty Co!~z¢.~il · ~,~. ~, ATTACHHENT#, I TOFLEPOR,T#~/-o,=,t 2 0 7 ANTON BRANDS EVERTON STREET ROAD LANE BOULEVARD GLENN,iNA COURT PICKERII City of Pickering Planning & Development Department DATE NOV. 7, 2002 2 n 8 09/~/2002 89:45 4~6857~743 OPTIONS FOR HOM~ P~6E 82 ATTACHMENT#?? August 23, 2002 · Thomas J'. Qui~ Chie£ AdminisWa~ve rOfficer Planning & Development Department. One Thc Esplanade Picketing, ON LIV 6K7 TO REPORT #..C:-.~ .:~ Key to Hom~ Ow~er~p for t~veryone CAO ~ :'WD/COPY/( ]RCU~TETO,] Re: Municipal Assistance with thc Development of the 'Condominium at 1200 The Esplanade North on behalf of our client, the MeLevin Corporation Further to our several conversations, I would confum that we are requesting, on behalf of our client, the McLevin Corporation, municipal assistance in several ways to make our development more effective and accessible to potential purchasers with moderate incomes. First and foremost, we would ask that the site be designated a revitalization area for the purposes. of making the building eligible for homeowner grants that wi1] soon be available to purchasers in Ontario. Thi~ grant will be betwe~. $6-8,000 and ~vailable to purchasers, whose incomes ar~ below the 60~ percentile for Pickcnng~ who arc currently renting and buy in a revitalization area.. I have not seen a definition for 'revitalization area'.but I sm sure it would apply to a piece of pwperty that is an undeveloped hole in the middle of a fully developed ndghbourhood; Second, we would request that the City of Picketing agree to defer $700,000 of its municipal fees and levies in order to allow the Corporation to help 8-12 households, with physical disabilities and requiring.care, to purchase in the building, This, as you know, is a group of individuals with limited income who can benefit significantly from the ability to design. ~its to meet their needs prior to the start of construction. The deferred funds would be used to helppeople wit~ their down payments to make thc urfits in the building affordable at various income levels. The deferred funds would be repaid when the suites are resold so that the affordability would last for one oc~pant but the accessibility changes to the suites would be permanent, The repayment of the defemals would be guarantee, by Home Ownership Alternatives Non- prolit Corl~ration (HOA), a company thai will hold $4,700,000 in mortgages with respect lo this site. Thel~ will aisc agree to a r~payrnent schedule that will pay a minimum of $100~000 per year' starting five years after registration of the condominium a~d rurmi,g for eight and one-half years, thus guaranteeing a 21% rate ofr~,'n. I have included a copy of the current repaymtmt rate o1~ other developments completed to date as confu-mation that the fun~ will be available as require, Third, and c~itical to the success of our development, is a request that the City defer the · collection ofthe balance of all fees and levies over and above $700,000 until at, er the Closing-of · the condominium. Once again, HOA would provide its corporate guarantee as to thc payment of 'these funds. The importance to the development is that, because the Corporation is a non-PrOfit, it needs help coming up with the equi~ required by its I~nd~cs to provide its construction /inancingl Municipal deferrals, such as those r~lucsted here and provided on our last development, by the City of Toronto, are an important part o£ achievir~g the fin~cial requirements s~c by our lenders. It is important to note that our building will. generate approximately $400,000 in property tax revenue annually. The sooner this begins, the better it is for all involved We believe very Strongly that the requests contained in this lmm' am reasonable, given the housing crisis that we are all ~ing to address as effectively as possible. It will also allow for the creation ora building that will address longstanding neighbourhood issues. Sp~ificalty this building and this neighbourhood is the best place in Pickm'ing m provide units designed to accommodate individuals with accessibility is,roes. If thc municipali~ mrpports our re~lUeSt, instead of producing two or thre~ acces~ibl¢ units, we will be able to produce a su~ent number to prov/de the numb~s needed to support full-time attendants. Attendant care is Critical to maximizing the effectiveness of accessible units. We would r~qucst a meeting with the appropriate'individuals so. that we can discuss these requests further and provide the informahon you need to bring them to a successful conclusion. yours Michel Labb~ President ~cl. cc: Elio Zoffrani~ 0@/11/2082 8~:45 4168671743 OPTIONS FOR HOMES 04 Repayment ExperienCe on Other Develophients Closing (Septemb~, . 1998) .Voltmtary 7 · Rental 2 9 I~99 Sale Voltmtary 11 2OOO $a1¢ 3 Voluntary · 2 5 2001 Sale 5 Voluntary .2 Rental 1 2002 Sale Voluntary .total Sale 17 Voluntar7 15 Rental 8 40 (42%) Parliament Square (39 Parlfament Street [181 unitsl) Ctoaing (A~,'i120oo) Voluntary 45 49 ¢?%) OPTInHS FOR HOMES .2!.1 J~emainder of 2000 Voluntary 2 gale 1 2001 Voluntary Sal, 2002 Volm~tary Total Sal, 13 Volnntary 50 R,atal 4 11 4 67 (37%) Street (80 Mffi Street [1,t4 nntt~]). Closing (May 2002) Sale 1 Voluntary 43 Rontal 2 Remainder of 2002 Sale I Total Sale 2 Voluntary 43 Remal 2 ,,7 02%) DELTERA August 29, 2002 Mr. Tom Quinn City Manager City of Pickering Picketing Civic Complex One the Esplanade Picketing, Ontario L1V 6K7 ATTACHMENT'# .~ . TO REPORT# ~'$ :31- o~. Deltera Inc. 4800 Dufferin Street Toronto, Ontario M3H 559 Telephone: (416) 661-9290 Fax: (416) 661-0978 Internet~ www. trideLcom Dear Sir: Re: Request for Deferral and RecJuction of Cash-in'Lieu for Parkland dedication Fees Final Phase- McLevin Corporation Further to a meeting of May 3' 2002, with yourself, His Worship Mayor Wayne Arthur, Mr. Mike Labbe,of Options for Homes, Mr. Tony Moro of our office, Mr. Nell Carrol of your office and myself, this letter shall serve as a formal request for both deferral and reduction of the cash-in-lieu of Parkland dedication requirement t0 be paid by the developer using the same formula used'for the Millinium building, being 1000 The Esplanade'. The deferral will be more particularily set out in a separate letter being forwarded directly to you through Mr. Labbe wherein he Will be requesting a deferral for other fees and charges such as Development Charges, Building Permit Fees etc: Trusting the aforementioned is SUfficient for you to Commence the necessary process and should you ruquire addhtional information or wish to discuss this ma~er please contact the writer, We would like to take this opportunity to thank you in advance for your favourable consideration of this matter. Elio Zoffranieri Sr. Manager Planning Services. 89/11/2882 89:45 416867174~ OPTIONS FOR HOMES MCLEVIN CO-OPERATIVE DEVI=LOPMENT CORPORATION ~ (~ueen Street East, Lower Level 2, !=.O. Sc~ 2~ Toronto, Ontario MSA t17 Tel: {416) 867-1501 Fax:. I~l~) 8~.1743 2..!.3 September 3, 2002 Thomas J. Quinn Chief' Administrative Officer Planning & Devolopmerat Depanm~t One The Esplanade Pick.ering, ON L1V 6K7 Re: Update on 1200.The Esplanade North I am pleased to provide the. following update on our progress with respect to the condominium development at 1200 The Esplanade Norttu We hay, now had four sets ofl:~Sentations to the neighbours and Durham residents, Our first pair ofpresmtations was on July 27 and was advertised exclusively to the residents at Discovery Place. Nearly 120 people attended arid half were there to get additional information about the ~t,velopmmt. The other tttree sets of presentations, held on August 10, 17, arid 24, were advertised first to Picketing residents, then to all of South Durham, In all, we received 81 $100'deposits. We currently anticipate generating 25 sales from these deposits. · Based on our previous experience, we would anticil>aie a significant local demand f-or our mites. To date our experience with ti'ds flevelopmemt h~s been very satisfying. ,We will keep you aware of our progress tkroughout the fail. Should you wish specific details, please call me at (416) 867-1501, extension 226. Yours Michel Labbl Development Comultant 2!.4 468 Qu=~ Strut ,E~t. P.O. Box 2~, Toronto, ON, MSA IT7 '~-.~.. ' /~ 3uly I 0, 2002 . ' D~ Mi~c~ Place Resident: Op~ons For Homes w~ c~iished 10 ye~s ago with one goaI in ~d. q~li~ hous~g at a~tiw pHc~s. W~ ~ve d~vci0ped ~ condo~ni~s to date Greater Toronto ~% which have ac~eved ~s go~.' O~ n~xt b~Iding ~11 be coDs~c~ on ~e v~t l~d ~. 1200 ~ Espl~ade No~. T~s site represents ~ ~precedent~d oppo~ to fi~sh ~e devel'opmen~ ofyo~ complex with a high q~SW condo~ni~. M~cip~ o~cials have ~k~ ~at we off~ t~S' option to o~ i~at~ nei~bo~hoo~ ~eir ~ends ~d rela6vcs. ~s is yo~ oppo~ ~e for ~cse homes at ~ c~emely at~6ve cost price; Our marketing 'approach is respectful and low-key. At our free presentations, our sales consultants will provide all relevant information to enable you to make an inr%rmed decision. By using a low cost, frenzy-free approach, we save on expenses and pass these sav~ngs on to' you. Tb date all of our condominiums have had owner occupancy levels above 95% and have 'been positive additions to their respective neighbourlaoods. There is no better way'of continuing this achievement than targeting those who live next. door-, or their friends and relatives. Our condo~ums start at: " $ 8.7,596 Studio 472 $ 801.46 98,6'40 one-bedroom 540 . 905.30 126,900 0ne-b edroom ' 700 1 ~ 166.42 ..... '139,500 two-bedroom 750 1,275.80. 160,200 two-bedroom 900 ' 1,477,88 *BasEd on 5% down, includes P&I (five,year term), taxes, utilities, amenities and maintenance. *Price does l~ot include Alternative Mortgage. Par!ring starts at $5,500 You must register to attend one of our f~rst free presentations scheduled for: Saturday, July 27, and August 10, 2002.. Please pass this information on to friends and relatives. To register, please call (416) 867-1501, or visit our website at www.0Ptions.icomm.ca. We look forward to seeing you there. Yours 'truly, Michel Labl~ President ' ,. ATTACHMEN'!' # .., The Key to Home Ownership for Everyone 215 FREQUENTLY ASKED QUESTIONS. What is Options For Homes Non-prOfit Corporation (Options)? Options For Homes is a private, not for profit, corporation led by development professionals who' obtain access to residential land and Pre-sells ownership homes to low' and moderate-income households. It co-ordMates the design and development 0fbuilclings on these lands with the goal of keeping all costs to a minimum On behalf of these households. For whom does Options work? The initial purchasers of the condominium homes form a Co-operative Housing Corporation for whom .Options co-ordinates tile development. This Corporation acts as the developer of the buildings and retains Options as their Development Consultant. How is Options paid? Options receives a fee for its services which is included in the purbhase price of the homes. Does the Options' concept require government subsidies?. NO. The Options' concept has been designed to reach low- and moderate-income households without arty form of government subsidy. It has also been designed to focus traditional real estate market mechanisms directly at the issue of affordable housing in such a way as to be more and more effective over time. What has Options achieved so far? To date Options has five condominiums completed or under construction. The Weston Village Co-operative has Successfully developed and sold a $6 million, 42-unit, townhouse condominium at Lawrence Avenue and Weston Road in Toronto. Prices' for the three-bedroom townhouses ranged from $128,900 to $152,000. The homes were affordable to households with incomes as low as $32,000 per year. 468 QUeen Street East, Lower Level 2, P.O. Box 28, Toronto, Ontario M5A 117 tel: (416) 867-I$Olo fax: (416) 867-1743 · website: options.icoram.ca · e-mail: options@icomm.ca 2!6 Page 2 Frequently Asked Questions The St. Lawrence Co-operative has successfully completed and sold a $17 million, 95- unit, apartment condominium at Parliament and Front Streets, a 15- minute' walk from downtown Toronto. It has one-, two- and three-bedroom suites that sold at $50,000 below the cost of other newly, constructed condominiums in the same area. The suites were sold to households with incomes as low as $16,000 per year. The Parliament Square Co-operative is a 181-unit condominium, one block from the St. Lawrence building. It is a $32 million building and offers attendant care services to 12 purchasers who require care because of personal mobility restrictions. It has been able to offer bachelor suites for as little as $65,000. Several owners are in an income bracket below $15,000 per year. The building was fully sold as of November i999, four months before final OccuPancy The Mill Street Co-operative is a 144-unit building completed and occupied at the end of 2001. It has a value of $27 million and is located next door to the St. Lawrence condominium. The Shermount Co-operative started the construction of its $70 million, 430-unit townhouse and apartment condominium at 650 Lawrence Avenue West in March of 2001. The City of Toronto agreed to defer the payment of its development charges, levies and permit fees in 'order to allow the Co-operative to accommodate fifteen (15) low-income seniors in the building. Options has three clients currently developing their condominiums. The Pentland Co-operative is selling a 208-unit apartment building east of the Picketing Town Center. The Queen Street Co-operative is developing a 282-unit townhouse and apartment condominium at the comer of Queens Plate Drive and .Rexdale Avenue in north Etobicoke. The McLevin Co-operative is developing a 456-unit townhouse and apartment condominium in the Malvem Town Centre in northern Scarborough. How does Options prevent the flipping of its homes for quick profits? Because Options currently makes homes available at 10-15% below market value and will offer even better reductions in the future, all homes carry a second mortgage on title that equals the difference between the cost price and market value. These mortgages are payable upon resale and go into an equity pool that must be used to develop other similar projects. This allows owners to sell at any time and benefit from a market appreciation only on the funds they invested themselves. There has been $1.9 million in cash and $13 million in mortgages generated on the first five buildings (see the attached Co-operative Deferral example). ?~¢ 3 Frequently Asked Questions - ~? !. 7 For whom can Options provide homes? Options' concept can provide homes for all income groups and household situations except the hard-to-house, or individuals who currently do not have the skills to care properly for their housing. More specifically, Options enables individual or households with limited resources to own homes by increasing the mount of their Alternatives Mortgage, thereby adding to their downpayments. The third wave of Options projects should be offering 20-30% of the homes to households below Toronto's poverty line. Why can .Options do what no one else has been able to do? By focusing exclusively on affordability, Options brings a unique perspective to the housing market (see the attached cost comparison chart). This allows us to eliminate costly amenities, vastly reduce marketing costs and eliminate overall development profits. An average reduction of $40,000 per suite has been achieved to date in the City of Toronto and $20,000 in small&r municipalities. Why is Options talking to government agencies? Lei~ on its own, the Options' concept will take.40 to 50 years to become a successful national source for affordable housing. Given proper policy support and infra-strucmre development support, low- and moderate-income Canadians can benefit from this concept in a significant'way (10-20,000 units per year) within 5 years. Is Options willing to share its knowledge? YES. Options is not interested in becoming a national company with offices in each major urbar) area. Instead we would prefer to train and monitor several non-profit ~rganizations in the delivery of the Options' concept in their respective regions. If the opportunities were sufficient in any given region, Options would train several organizations. To date, Options is working with other organizations in Ottawa, in the Kitchener Waterloo region of Ontario, and in the Vancouver area of British Columbia. 2I,$ · PICKERING ATTACHMENi' i~ 1'0 REPORT September 11, 2002 · P' '~cezing Civic Co~ . One The F, spl~ Picketing, Ol LP D/re.c~ Access 905.42~ cityof-picke, dn~ Elio Zoffranieri Deltera.. Inc. 4800 Dufferin Street · Toronto, ON M3H 5S9 Subject: Tridel/Options for Homes Development of Final Phase · East of 1000' The Esplanade (Millennium. Building) City of Pici<ering · File: PD 1000 Thank you for your letter of August 29, 2002, respecting 1~he. 'request for deferral and reduction of cash-in-lieu for parkland dedication fees, final phase-McLevin Corporation'. The City looks forward' to the completion of a quality development on this important block' within our downtown. Your letter provides a specific proposal for. a reduction in cash-in-lieu of parkland .paYment and makes reference to a forthcoming request from Mr. Labbe of Options for Homes for deferral of parkland payments and other charges such as development charges, building permit fees, etc. While I Understand the reasons for' Tridel's and Options for' Homes, request for relief in vadous payment requirements, I would' be very ConCerned if the current marketing being conducted b.y Options for Homesl including unit prices, is in any way dependent on financial relief being approved by .Picketing Council. To date the City has not provided an .indication of its acceptance of any redu.ctidn or deferral of payments related to this apartment development. Our meeting of May 3, 2002 was a general discussion,· and it was concluded at that meeting that a City.position on any reduction or deferral of payments could only be determined following a definitive proposal by Tridel/Options for Homes, and full consideration by Council. While i can advise of my general support to a possible reduction in parkland'cash-in-lieu .payment based om the same formula used for the Millennium building, this.-and other requested reductions/deferrals require the formal approval of Pickering Council. it would be inialSpropriate to secure public interest 'in this development based on potential financial reductions/deferrals that have not been. formally approved. If any such assumptions have been included in the marketing of this project, those representing the project will be on their own to deal with any public concern, should approvals not be secured. Etio Zoffranieri Tridel/Options for Homes Development of Final Phase September 11, 2002 Page 2 -Upon receipt'of details from Mr. Labbe respecting proposed deferrals in fees and charges, ! will instruct appropriate City staff to review the request and report to me directly. ! will then bring the matter forward for Council"s consideration. Again, ! look forward to working, with you in the completion of this final phase of development. Yours truly TJQ:Ir /7~o~a~-J. QtJ~n R.D.~/I,R., Chief Administrative Officer Copy: Mayor Arthum Members of Council DirectOr', Co.orate Services & Treasurer Director, Operations & Emergency Services Director, Planning & Development ' Solicitor for the.City Michel Labbe (Options for Homes) PICKERING Pickering Civic Complex One The Esplanade Picketing, Ontario Canada L1V 6K7 Direct Access 905.420.4660 cityofpickering.corn OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER Department Facsimile 905.420.6064 cao@dty, pickering.on.ca September 16, 2002 Michel Labb6 President OPtions for Homes 468 Queen Street East Lower Level 2 P.O. Box 28 Toronto, ON MSA 1T7 Subject: Condominium Development at 1200 The Esplanade North McLevin Corporation City of Picketing - File: PD 1000 Thank you foe your letters dated August 23, 2002 and September 3, 2002, both of which were received at my office by fax on September 11, 2002. I have forwarded copies of these letters to appropriate City Staff for review and comment back to my office. I expect that a meeting will be arranged between yourself and City Staff in the near future to allow for further discussion of your proposal. I have attached for your information, a copy of my September 11, 2002 letter to Elio Zoffranieri of Deltera Inc., to which you were copied. The letter outlines the fact that to date, the City has not approved any reductions/deferrals of payments related to this project and expresses my concern if marketing of the project has included any dependency on financial relief from the City. While City staff will give full consideration to your proPosal, any financial relief or area designation will require formal Council approval. Yours truly TJQ:Ir Attachment Copy: Mayor Arthurs Members of Council Tl'f~l'~-3..Qui~ R.D.M0t~., CM~ . Chief Administrative Officer Elio Zoffranieri (Deltera Inc.) Director, Corporate Services & Treasurer Director, Operations & Emergency Services Director, Planning & Development Solicitor for the City REPORT TO THE FINANCE & OPERATIONS COMMITTEE Report Number: OES 56-02 Date: November 13, 2002 From: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Rolling to Reduce Waste Collection Pilot Program Amberlea Neighbourhood Extension Recommendation: That Report OES 56-02 regarding the City of Pickering's Rolling to Reduce Waste Collection Pilot Program be received, and That City Council approve the extension of the cart based integrated waste collection system for 518 homes in the Amberlea neighbourhood beyond December 31, 2002 until such time as a Citywide program is considered by Council. That staff be directed to prepare a plan for an expansion of the cart-based organics collection program only to other neighbourhoods to capture an additional 1500 homes, and report back to the Finance & Operations Committee at the meeting of February 24, 2003 with the details. Executive Summary: Not Applicable Financial Implications: The annual cost for the cart-based program ~3f organics collection for the 518 homes is approximately $13,000. The cost includes a rental fee imposed for 2003 of $2 per cart per month from the supplier, as these carts are not owned by the City. Through the cooperation and the City's partnership with Miller Waste Systems, the collection truck is being supplied with an operator at no cost to the City. The annual cost for the cart-based program of garbage/recycling collection for the 518 homes is approximately $234,000. The cost includes a rental fee of $18,000 per month for the collection truck. Through the cooperation and the City's partnership with Miller Waste, the operator of the truck is being supplied at no cost to the City. There is no cost for the carts as they were purchased by the City in 2001. The Region of Durham has advised that a cost of approximately $1500 per month for the transfer and processing of co-mingled recyclables is being incurred. This was an indirect cost to the City's share of waste disposal at the Regional level for the initial pilot project but will Report OES 56-02 Date: November 13, 2002 Subject: Rolling to Reduce Waste Collection Pilot Program Amberlea Neighbourhood Extension Page 2 become a direct cost to the City in 2003. There is a cost of approximately $1600 per month for lost revenues on the marketable product at the Regional level. The total annual cost of $247,000 based on the above (including the processing of recyclables cost at the Region) will be budgeted for in 2003 in the Solid Waste current budget 2430. Background: On September 17, 2001, City Council passed Resolution #111/01 to implement a three-stream cart-based waste diversion pilot program in the City of Pickering. Approximately 518 homes in the Amberlea neighbourhood were selected to participate in the program. Collections started November 6, 2001 and were scheduled to end March 31,2002. Due to the success and popularity of the pilot program, Council passed Resolution #61/02, Item #2 on April 2, 2002 to extend the pilot program to December 31, 2002. City staff have been monitoring the operation and results of the program through waste audits, three resident surveys, and discussions with the contractor and participants. A Third Resident Survey was mailed out on October 20, 2002 to 518 homes, and as of November 7, 2002, 279 surveys have been returned (54%). Of the 279 surveys returned, 267 answered the question about amending the collection system and 195 households (73%) indicated that they do not want any change/amendment to the pilot project. There were 72 households that wanted a change, of which 49 wanted to keep the gray cart for garbage/recycling and change or eliminate the organics collection. The diversion rate statistics for the eleven month collection period of November 2001 to September 2002 are included in Attachment #1. In the pilot area, the diversion rate for organics was 28.98% (kitchen and yard waste) compared to 5.48% (yard waste only) for the rest of Pickering. The diversion rate for recyclables in the pilot area was also 28.98% compared to 20.19% for the rest of Pickering. The additional 8.79% in recyclables diversion is due to additional types of materials collected, increased recycling efforts from those who were recycling prior to the pilot, and possibly capturing new recyclers. This can be attributed to the carts which allow more space for recycling, make recycling easier as the materials did not have to be sorted, and require less trips to the roadside than blue boxes to prepare for collection. Although the cost for the garbage/recycling carts and collection vehicle is significant for a small pilot program, there is a benefit, as increased recycling reduces land filling costs and impacts, and produces more materials to market for revenue. At this time, due to the popularity and success of the program, it would be very difficult to end the cart-based integrated waste collection system. The City has been working with the Region of Durham and has consulted with Area Municipalities to determine a Report OES 56-02 Subject: Rolling to Reduce Waste Collection Pilot Program Amberlea Neighbourhood Extension Date: November 13, 2002 Page 3 sustainable integrated waste collection program in order to make a long-term commitment. Until such time that these deCisions are made, it is recommended that the pilot program for Amberlea continue. In order to make this initiative available to other residents of Pickering, and as a potential phase-in of a City wide program, staff will investigate expansion to other neighbourhoods. If authorized to do so, staff will recommend up to three additional neighbourhoods in Wards 2 and 3, including the rural north area of Pickering. The program would consist of cart-based organics collection only, and will allow staff to evaluate and compare recycling efforts without carts. A comprehensive report will be prepared for the February 24, 2003 Finance & Operations Committee meeting, outlining the details of the expansion. Attachments: 1. Diversion Rates September 2002 for City of Pickering and Pilot Area, November 2001 Prepared By: .._~Mi!hard W~/~Jolborn, P. Eng. ision I-I~ad nicipal Property & EngineeringTitle EoV:erre~i° n~s ? ~a ~/Di r~tm~genc;rse~ices Department RH:ds Attachments I:\COUNCIL\OES 56-02.docNov-02 Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Co. uru;il