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HomeMy WebLinkAboutNovember 22, 2021 Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm Due to COVID-19, the City of Pickering continues to hold electronic Council and Committee Meetings. Members of the public may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. 6:30 pm In Camera Council Page 1. Roll Call 2. Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Mayor Ryan will read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 5. Adoption of Minutes Special Council Minutes, October 21, 2021 – 1 p.m. 1 (Confidential In Camera Council Minutes, October 21, 2021, provided under separate cover) Special Council Minutes, October 21, 2021 – 7 p.m. 5 Council Minutes, October 25, 2021 15 Special Council Minutes, November 1, 2021 33 (Confidential In Camera Council Minutes, November 1, 2021, provided under separate cover) Executive Committee Minutes, November 1, 2021 39 Planning & Development Committee Minutes, November 1, 2021 45 6. Presentations 7. Delegations Due to COVID-19, members of the public may provide a verbal delegation to Members of Council via electronic participation. To register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Delegation requests must be received by noon on the last business For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm day before the scheduled meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 7.1 Gary Muller, Director of Planning Brad Anderson, Principal Planner, Policy Planning & Special Studies The Regional Municipality of Durham Re: Envision Durham Overview 7.2 Mark Mariano on Behalf of the Chestnut Hill Developments Recreation Complex Tennis Members Re: Corr. 57-21 John Singleton Pickering Pickleball Petition 7.3 Gena Chang-Campbell, Chair, Pickering Anti Black Racism Taskforce Re: Report CAO 08-21 Pickering Anti-Black Racism Taskforce Youth Open Mic Night 8. Correspondence 8.1 Corr. 54-21 Ralph Walton, Regional Clerk/Director of Legislative Services The Regional Municipality of Durham Re: Free Menstrual Products at Region Facilities Recommendation: 1. That Corr. 54-21, from Ralph Walton, Regional Clerk/Director of Legislative Services, the Regional Municipality of Durham, dated October 27, 2021, regarding the Free Menstrual Products at Region Facilities, be received; and, For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 52 Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm 2. That Corr. 54-21 be referred, through the CAO, to the Director, Community Services and Director, Operations, for consideration in the Draft 2022 Budget deliberations for all public facilities. 8.2 Corr. 55-21 54 Ajax-Pickering Board of Trade Clarington Board of Trade Greater Oshawa Chamber of Commerce Whitby Chamber of Commerce Re: Toll equity and Highway 413 Recommendation: 1. That Corr. 55-21, from the Ajax-Pickering Board of Trade, the Clarington Board of Trade, the Greater Oshawa Chamber of Commerce, and the Whitby Chamber of Commerce, dated November 1, 2021, regarding the Toll equity and Highway 413, be endorsed; and, 2. That a copy of this Resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, The Honourable Caroline Mulroney, Minister of Transportation, all Durham MPP’s, the Ajax-Pickering Board of Trade, the Whitby Chamber of Commerce, and the Clarington Board of Trade. 8.3 Corr. 56-21 56 Kevin Narraway, Manager of Legislative Services/Deputy Clerk Town of Whitby Re: Proof of Vaccination for all Participants in Organized Sports Recommendation: 1. That Corr. 56-21, from Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town of Whitby, dated November 3, 2021, regarding the Proof of Vaccination for all Participants in Organized Sports, be endorsed; and, 2. That a copy of this Resolution be forwarded to the The Honourable Christine Elliott, Minister of Health, all Durham MPP’s, all Durham Regional Municipalities, John Henry, Durham Regional Chair, and For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm Dr. Robert Kyle, Medical Officer of Health & Commissioner, the Regional Municipality of Durham. 8.4 Corr. 57-21 58 John Singleton Pickering Pickleball Petition Recommendation: 1. That Corr. 57-21 from John Singleton, dated November 8, 2021, regarding the Pickering Pickleball Petition, be received; and, 2. That Staff be directed, through the CAO, to address the immediate need for indoor space for Pickleball until such time that new facilities can accommodate it and report back to Council no later than the February Council Meeting on the implementation. 9. Report EC 09-21 of the Executive Committee held on Refer to Executive November 1, 2021 Committee Agenda pages: 9.1 Director, Corporate Services & City Solicitor, Report BYL 02-21 1 Waterfront Parking -Current and Proposed Actions Recommendation: 1. That Council approve the implementation of paid parking at the City’s waterfront parking lots (Liverpool Road, Beachpoint Promenade, and Progress Park), and paid permit parking on one side of waterfront area streets (see Attachment No. 1 – maps) from May 1st to October 1st annually; 2. That Council direct staff to communicate with residents on Park Crescent and Cliffview Road to determine if it is advisable to apply similar restrictions in these locations; 3. That Council approve a no charge permit for all Pickering residents who pre-register, which will allow use of the waterfront lots and on- street permit parking by City residents at no charge; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm 4. That Council approve an hourly parking rate for City waterfront parking lots, and on-street parking ar eas at a rate of $5.00 per hour, setting a maximum parking time of six hours; 5. That Council authorize staff to develop a permit system for each waterfront street household to accommodate guest parking; 6. That Council approve free parking for accessible parking permit holders and vehicles bearing veterans’ plates; 7. That the City continue to investigate options to create additional parking in the waterfront areas; 8. That Council provide pre-budget approval of $75,000.00 to award a procurement process yet to be conducted to solicit bids for software and hardware options; 9. That staff be directed to include in the draft 2022 current budget the additional staffing set out in this report to support the implementation and administration of the foregoing Recommendations; and, 10. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 9.2 Director, Corporate Services & City Solicitor, Report BYL 03-21 31 Deferral of Implementation of Accessible Service Supplement Fees Vehicle for Hire By-law Recommendation: 1. That Report BYL 03-21 respecting a deferral of the implementation of the Accessible Service Supplement enacted in the Vehicle for Hire By-law 7739/20 be received; 2. That the implementation and collection of the Vehicle for Hire Accessible Service Supplement be deferred until January 1, 2023; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm 9.3 Director, Community Services, Report CS 29-21 34 Community Association Lease Agreement - South Pickering Seniors Club Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with the South Pickering Seniors Club set out in Attachment 1 to this Report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 9.4 Director, Engineering Services, Report ENG 23-21 53 Streetlighting on Regional Roads - Proposed Study of Current Policy/Practice Recommendation: 1. That Council endorse the Draft Terms of Reference for a study of the Region of Durham’s current policy/practice with respect to streetlighting on Regional roads; 2. That, through the O ffice of the C AO, appropriate City staff be selected to represent the City of Pickering on the study working group consisting of Regional and Local Area Municipality staff; 3. That staff report back on the results of the procurement of consulting services and seek Council authorization for a financial contribution to the study; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions indicated in this reports. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm 10. Report PD 09-21 of the Planning & Development Refer to Planning & Committee held on November 1, 2021 Development Agenda pages: 10.1 Director, Corporate Services & City Solicitor, Report LEG 16-21 11 1232548 Alberta Inc. – Plan of Subdivision 40M-2435 - Final Assumption of Plan of Subdivision - Lots 1 to 5, Plan 40M-2435 - File: 40M-2435 Recommendation: 1. That works and services required by the Subdivision Agreement within Plan 40M-2435, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2. That 1232548 Alberta Inc. be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2435; and, 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 10.2 Director, City Development & CBO, Report PLN 41-21 15 City Initiated: Official Plan Amendment Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Recommended Amendment 38 to the Pickering Official Plan Recommended Informational Revision 26 to the Pickering Official Plan File: OPA 20-004/P The Staff Recommendation in Report PLN 41-21 was lost on a Tie Vote at the November 1, 2021 Planning & Development Committee Meeting and therefore, there is no recommendation from the Planning & Development Committee to Council for this Item. This matter is now before Council for consideration and any action it deems appropriate. For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 11. Reports – New and Unfinished Business 11.1 Director, City Development & CBO, Report BLD 01-21 62 Designated Substances and Building Permits Recommendation: 1. That BLD 01-21 from the Director, City Development & CBO regarding Designated Substances and Building Permits be received for information; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.2 Director, Economic Development & Strategic Projects, Report CAO 07-21 74 RFP2021-8 Economic Development Strategy to EBP US Inc. Recommendation: 1. That Proposal No. RFP2021-8 submitted by EBP US, Inc., dated September 15, 2021, to undertake a corporate Economic Development Strategy in the amount of $87,499.57 HST included) be awarded as per section 10.04 (c) of the Purchasing Policy; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $78,751.00 (net of HST rebate) from property taxes, account (502230.10000); and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.3 Chief Administrative Officer, Report CAO 08-21 124 Pickering Anti-Black Racism Taskforce Youth Open Mic Night Recommendation: 1. That Council authorize the Pickering Anti-Black Racism Taskforce to host a Youth Open Mic Night at West Shore Community Centre on Saturday, November 27, 2021 on terms and conditions For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm satisfactory to the Director, Community Services and Chief Administrative Officer; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.4 Director, Corporate Services & City Solicitor, Report CLK 06-21 127 Vacancy in the Office of City Councillor, Ward 2 - Declaration of Vacancy and Method of Filling Vacancy Recommendation: 1. That Report CLK 06-21, pertaining to the vacancy in the Office of City Councillor, Ward 2 be received; 2. That pursuant to Section 262(1) of the Municipal Act, 2001, S.O. 2001, c. 25, the Council of The Corporation of the City of Pickering hereby declares the Office of City Councillor, Ward 2 to be vacant; 3. That Council directs the City Clerk to fill the vacancy for the Office of City Councillor, W ard 2 by way of Option ____, as outlined in Report CLK 06-21; and, 4. That the Clerk be given the authority to give effect thereto and provide for any process or procedures necessary to undertake the filling of the vacant seat. 11.5 Director, Community Services, Report CS 36-21 150 Arena Pro Shop Rental Fee Relief Recommendation: 1. That Report CS 36-21 Arena Pro Shop Rental Fee Reduction be received; 2. That that the Mayor and City Clerk be authorized to execute a Concession Licence Amending Agreement with XPRT Marketing & Promotions, that contains the following condition: that rent be waived for the months of September and October 2021 and that the current monthly rent paid to the City of $581.25 be reduced by fifty percent to $290.63 monthly and in addition, subject to such For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm additional terms and minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.6 Director, Operations, Report OPS 02-21 158 2022 Pre-Budget Approval to Award RFP-4-2019 Automotive Parts Supply & Inventory Management System Recommendation: 1. That Proposal No. RFP-4-2019, for Automotive Parts Supply & Inventory Management System submitted by UAP Inc., NAPA Auto Parts (NAPA), in the amount of $1,610,250.00 (HST included) be accepted for the initial two year contract period of the initial five year term with an option to extend for two additional one year extensions; 2. That the total gross project cost of $1,600,250.00 (HST included), including the proposal amount, and other associated costs, and the net project cost of $1,450,080.00 (net of HST rebate) for the initial two year contract, to be funded over a two-year period, be approved; 3. That Council grant pre-2022 Current Budget amount of $580,032.00 for year one of the initial two year contract; 4. That Council authorize the Director, Finance & Treasurer to fund the net project cost of $1,450,080.00 as follows: a. That the year one in amount of $580,032.00, to be funded from property taxes; an d, b. That the year two in the amount of $870,048.00 will be provided for in the 2023 Current Budget; 5. That the appropriate City of Pickering officials be authorized to take the necessary S&S Summary Memo, dated March 30, 2021 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm 11.7 Director, City Developments & CBO, Report PLN 42-21 165 Envision Durham – Employment Strategy Technical Report Recommendation: 1. That Council endorse the Staff Comments contained in Section 2.2 of Report PLN 42-21 as the City’s formal comments on the Envision Durham Employment Strategy Technical Report, September 24, 2021; and, 2. That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. 11.8 Director, City Development & CBO, Report PLN 43-21 172 Pickering Integrated Sustainable Design Standards City of Pickering Recommendation: 1. That Council approve the hiring of Urban Equation Corp. to update and convert the 2007 Sustainable Development Guidelines into a tiered Integrated Sustainable Design Standard in accordance with Purchasing Policy 10.03 (c); 2. That the Letter Proposal submitted by Urban Equation Corp. for Professional Consulting Services to prepare a tiered Integrated Sustainable Design Standard for the City in the amount of $84,850.00 (HST excluded), provided as Appendix I to Report PLN 43-21, be accepted; 3. That the total gross project cost of $106,604.00 (HST included), and the total net project cost of $96,000.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost from the Consulting & Professional 2021 Council Approved Current Budget Account 502230.10115 as follows: a) The sum of $86,000.00 from The Atmospheric Fund; and, For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda November 22, 2021 Electronic Meeting 7:00 pm b) The sum of $10,000.00 from The Regional Municipality of Durham; 5. That City staff be authorized to sign any agreements between the City and Urban Equation Corp. in a form satisfactory to the Director, City Development; and, 6. That the appropriate staff of the City of Pickering be authorized to take the necessary actions as indicated in this report. 12. Motions and Notice of Motions 13. By-laws 13.1 By-law 7883/21 196 Being a by-law to appoint Rumali Perera as the Deputy Clerk for The Corporation of the City of Pickering. 13.2 By-law 7884/21 197 Being a By-law to amend Schedule A of By-law 7362/14 appointing Inspectors. 14. Confidential Council – Public Report 15. Other Business 16. Confirmation By-law 17. Adjournment For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Special Council Meeting Minutes October 21, 2021 Electronic Meeting 1:00 pm Present: Mayor David Ryan Councillors: K.Ashe M.Brenner S.Butt B.McLean D.Pickles Absent I.Cumming Also Present: M.Carpino -Chief Administrative Officer K.Bentley -Director, City Development & CBO P.Bigioni -Director, Corporate Services & City Solicitor S.Douglas-Murray -Director, Community Services B.Duffield -Director, Operations J.Flowers -CEO & Director of Libraries, Pickering Public Library R.Holborn -Director, Engineering Services F.Jadoon -Director, Economic Development & Strategic Projects S.Karwowski -Director, Finance & Treasurer S.Cassel -City Clerk J.Halsall -Division Head, Finance C.Rose -Chief Planner N.Surti -Manager, Development Review & Urban Design R.Perera -Committee Coordinator A.Gibbons -Counsel, Torys LLP M.Klas -Managing Director, HLT Advisory Inc. R.M. Scarpelli -Managing Director, HLT Advisory Inc. 1.Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor Cumming, and that all Members present were participating electronically in accordance with By-law 7771/20. 2.Disclosure of Interest - 1 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 1:00 pm No disclosures of interest were noted. Resolution #692/21 Moved by Councillor Brenner Seconded by Councillor Butt That Council move into closed session in accordance with the provisions of Section 239 (2)of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to: f)advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, k)a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Carried Council took a brief pause to allow the livestream of the Meeting to be severed. 3.In Camera Matters 3.1 Verbal Update from the Director, Corporate Services & City Solicitor Re: City Centre Master Development Agreement This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 3.2 Verbal Update from Director, Finance & Treasurer and a Presentation from HLT Advisory Re: Casino Revenue Projections and Associated Impacts This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 3.3 Verbal Update from Director, Finance & Treasurer Re: Potential Revenue Strategies and Related Negotiations - 2 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 1:00 pm This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #693/21 Moved by Councillor Brenner Seconded by Councillor McLean That Council rise from the closed session. Carried Council took a brief pause to allow the livestream of the Meeting to be resumed. Mayor Ryan stated that during the closed portion of the meeting, Council received confidential verbal updates from Staff, received advice subject to solicitor-client privilege, and provided direction to Staff in relation to negotiations to be carried out on behalf of the municipality. As a result, the following recommendation was before Council to adopt in open session. 3.3 Verbal Update from Director, Finance & Treasurer Re: Potential Revenue Strategies and Related Negotiations Resolution #694/21 Moved by Councillor Ashe Seconded by Councillor Pickles That Council directs staff to undertake the Phase Two works (proposed divesture of its Elexicon investment) as described in the presentation of the Director, Finance & Treasurer, for that purpose, and to retain Deloitte LLP at a cost of $185,000 (Net of HST) to be charged to the City’s General Government Consulting account (502230.11100) in accordance with Purchasing Policy 10.03 (c). Carried Unanimously on a Recorded Vote 4.Confirmation By-law By-law Number 7878/21 - 3 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 1:00 pm Councillor Brenner, seconded by Councillor Pickles moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of October 21, 2021. Carried 5.Adjournment Moved by Councillor Mclean Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 5:43 p.m. Dated this 21st day of October, 2021. David Ryan, Mayor Susan Cassel, City Clerk - 4 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K.Ashe M.Brenner S.Butt B.McLean D.Pickles Absent: I.Cumming Also Present: M.Carpino -Chief Administrative Officer K.Bentley -Director, City Development & CBO P.Bigioni -Director, Corporate Services & City Solicitor S.Douglas-Murray -Director, Community Services B.Duffield -Director, Operations J.Eddy -Director, Human Resources J.Hagg -Fire Chief J.Flowers -CEO & Director of Public Libraries, Pickering Public Library R.Holborn -Director, Engineering Services F.Jadoon -Director, Economic Development & Strategic Projects S.Karwowski -Director, Finance & Treasurer S.Cassel -City Clerk J.Halsall -Division Head, Finance C.Rose -Chief Planner N.Surti -Manager, Development Review & Urban Design R.Perera -Committee Coordinator A.Gibbons -Counsel, Torys LLP 1.Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor Cumming, and that all Members present were participating electronically in accordance with By-law 7771/20. 2.Disclosure of Interest No disclosures of interest were noted. - 5 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 3.Presentations There were no presentations. 4.Delegations 4.1 Sarah Jeffrey, Board Chair, Pickering Public Library Board Re: Report CS 35-21 Community Engagement for Pickering City Centre Design -Summary Report Sarah Jeffrey, Chair, Pickering Public Library Board, joined the electronic meeting to speak to Report CS 35-21. Ms. Jeffrey thanked Pickering residents for the comments and input provided for the design of the new library and noted that the ability to serve the growing demands of the community would be dependent on the new library. She advised that the Pickering Public Library Board endorsed the architectural design of the library adding that the space would have a variety of flexible and innovative spaces for residents of all ages. She concluded her delegation by noting that the new library would be a driver of the potential of the Community. In response to questions from Members of Council, Ms. Jeffrey noted that the proposed bridge between the Seniors & Youth Centre and the Library would provide opportunities to Library Staff to conduct programs in collaboration with City Recreation Staff. 4.2 Zoltan Bodor Re: Report CS 35-21 Community Engagement for Pickering City Centre Design -Summary Report Zoltan Bodor, Pickering Resident, joined the electronic meeting via audio connection to provide comments on the Pickering City Centre Development Plans. Mr. Bodor referred to the written comments dated October 5, 2021 that he had provided prior to the Meeting, and discussed the changes in relation to environmental sustainability and energy, since the approval of the City Centre Development Plans, and spoke to the need to review the development plans in light of the changes. He further spoke to the three energy assumption scenarios outlined in the Durham Regional Official Plan, and asked that Council review the City Centre Development plans to include sustainable energy efficiencies. He discussed the potential for collaborating with Universities in evaluating the City Centre Development Plans in regards to environmental sustainability, adding that the evaluation could be done in parallel to the City Centre Project. Mr. Bodor - 6 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm concluded his delegation by asking Council to reflect on the vision for the new City Centre. 4.3 H. Gerald Murphy Jr., B. Mus., Music Director, Pickering Community Concert Band Re: Corr. 46-21 The Pickering Community Concert Band Executive Committee H.Gerald Murphy Jr., B. Music. Musical Director Pickering Community Concert Band Re: Proposed Pickering Performing Arts Centre H.Gerald Murphy Jr., B. Mus., Music Director, Pickering Community Concert Band, joined the electronic meeting via audio connection to speak to Corr. 46-21. Mr. Gerald spoke to the need of the proposed Pickering Performing Arts Centre and the challenges posed by the lack of performing arts spaces in the community. He advised that he was a member of the Canadian Band Association, adding that the proposed centre could be a potential venue to hold a Canadian Band Association Weekend. Mr. Murphy Jr. asked that the proposed Centre be accessible to the Community at a fair and reasonable cost and concluded his delegation by adding that the Pickering Community Concert Band endorsed the project. At the conclusion of the delegation, Mayor Ryan announced an event that had occurred earlier in the day, where the City was presented with its first quarterly casino revenue payment in the amount of $2,439 575.00. Mayor Ryan stated that this was a significant contribution to Pickering’s financial side and that he was pleased to receive the payment and would look forward to more in the future. 5.Correspondence 5.1 Corr. 44-21 Andrew Arifuzzaman, Chief Administrative Officer University of Toronto Scarborough Re: Proposed Pickering Performing Arts Centre Resolution # 695/21 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 44-21, from Andrew Arifuzzaman, Chief Administrative Officer, University of Toronto Scarborough, dated October 1, 2021, regarding the Proposed Pickering Performing Arts Centre, be received for information. - 7 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 5.2 Corr. 45-21 Anna Lynn Murphy, Artistic Director and Founder Richard Newland, President Young Singers Re: Proposed Pickering Performing Arts Centre Resolution # 696/21 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 45-21, from Anna Lynn Murphy, Artistic Director and Founder, and, Richard Newland, President, Young Singers, dated September 29, 2021, regarding the Proposed Pickering Performing Arts Centre, be received for information. 5.3 Corr. 46-21 The Pickering Community Concert Band Executive Committee H.Gerald Murphy Jr., B. Music. Musical Director Pickering Community Concert Band Re: Proposed Pickering Performing Arts Centre Resolution # 697/21 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 46-21, from the Pickering Community Concert Band Executive Committee, and H. Gerald Murphy Jr., B. Music. Musical Director, dated October 9, 2021, regarding the Proposed Pickering Performing Arts Centre, be received for information. 5.4 Corr. 47-21 St. Mary Catholic Secondary School Re: Proposed Pickering Performing Arts Centre Resolution # 698/21 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 47-21, from the St. Mary Catholic Secondary School, dated September 30, 2021, regarding the Proposed Pickering Performing Arts Centre, be received for information. - 8 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 6.Matters for Consideration 6.1 Director, Community Services, Report CS 35-21 Community Engagement for Pickering City Centre Design -Summary Report Marisa Carpino, Chief Administrative Officer, provided an overview of the City Centre Project and steps taken to date. She added that the Project was expected to be completed around 2023, and that the 2020 Capital Budget included the City Centre project at the amount of $187 million, and spoke to the pause in the Project due to the COVID-19 Pandemic. She advised that Reports CS 35-21 and FIN 15- 21 present the design of the Project and seek Council’s direction to carry out further negotiations with the Ontario Pension Board (OPB). Brief discussion ensued between Members of Council regarding the comprehensive outreach model undertaken by Staff. Resolution #699/21 Moved by Councillor Brenner Seconded by Councillor Pickles 1.That Report CS 35-21 regarding the Pickering City Centre community design consultation summary report be received for information; and, 2.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Carried 6.2 Director, Finance & Treasurer, Report FIN 15-21 City Centre Financial and Legal Implications Mayor Ryan noted that during the Special In-Camera Meeting held earlier at 1 p.m., Council directed Staff to undertake the Phase Two works (proposed divesture of its Elexicon investment) as described in the presentation of the Director, Finance & Treasurer, for that purpose, and to retain Deloitte LLP at a cost of $185,000 (Net of HST) to be charged to the City’s General Government Consulting account in accordance with Purchasing Policy 10.03 (c), and that the net result of the resolution was the identification of financial capacity to adopt the Staff recommendations noted in FIN 15-21 without amendment. - 9 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm Discussion and a question and answer period ensued between Members of Council and Staff regarding: •the project being a good community investment and the benefits of placing the facilities in close proximity to serve the growing population of the city; •the City’s financial strategy being to divest its Elexicon investments to offset the City share of the City Centre debt and to undertake future projects which were previously allocated to be debt financed; •introducing financial flexibility for the new term of Council to undertake new projects as they deem fit; •ensuring that Staff proceed in negotiating the inclusion of provisions pertaining to profit sharing on any future sale of the South Esplanade Block, and removing certain restrictions on title to the OPB's lands through the Master Development Agreement; •the City obtaining fee simple title, as opposed to a strata parcel, for the Library lands resulting in higher real estate value; •the Pickering Animal Shelter moving forward through the new revenue stream; •the new revenue stream not placing any financial burden on the taxpayer and the revenue strategy also creating a rainy day fund for the City; •the design concept of the Project and the piazza bringing the community together; •the process for selling the Elexicon shares and the provisions in the Agreements to provide the current shareholders the first opportunity to purchase, before selling the shares on the open market; •the Pickering Museum project being placed on hold; •the Seaton Recreation Complex and Library design proceeding, subject to the new term of council’s approval, and being projected to be completed for 2024; and, •Staff’s efforts in moving the City Centre Project forward and the City Centre Project being generational and transformational. Resolution #700/21 Moved by Councillor Pickles Seconded by Councillor Ashe 1.That Report FIN 15-21 of the Director, Finance & Treasurer be received; 2.That Council receive for information the “5-Year Capital & Operating Financial Plan” prepared by Watson & Associates Economists Ltd., dated October 14, 2021; - 10 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 3.That should Council wish to proceed with the City Centre Project, that the following actions related to the Project be approved: a.That the City Centre project’s fixed cost ceiling be established at $207.70 million, that is funded from reserves of $3.6 million, that results in the preliminary estimated total new debt borrowing of $204.13 allocated between Development Charge Funded Debt of $110.13 million and City Share Debt of $94.00 million (to be funded from future casino revenues), and to reduce the financial stress and strain this total amount of debt (DC and City) would cause in both the short and medium term, that City staff be directed to explore all revenue options including grants and partnerships and that to manage the City’s debt structure below the Provincial Annual Repayment Limit (ARL), all debt financed projects related to Seaton and the Pickering Museum Village be placed on a “medium term pause” (post 2028) and that other future debt financed capital projects be measured against the recommended guideline that they proceed, only if the project is required for the health and safety of residents and/or staff; and, b.That, in order for staff to meet the April 2022 timeline of awarding of the construction contract for the Pickering City Centre, Council approve the following investments (expenditures) from October 22, 2021 to April 30, 2022: i That Council approve $6,449,000 million (net of HST) to be awarded to architects-Alliance for the preparation of construction drawings and tender documents for the City Centre project excluding the City parking garage; ii That Council approve $345,000 (net of HST) to Cushman & Wakefield Asset Services LLC on account of its development management fees related to the Senior & Youth Centre, Bridge Link and for the relocation of site services; iii That Council approve $627,000 (net of HST) to twopointO Partners Inc. on account of its development management fees related to the Library, Public Square/Public Realm and Performing Arts Centre; iv That Council approve $512,870 (net of HST) to SKA for works related to the design and drawings for the relocation of services; v That Council approve $175,900 (net of HST) to Deloitte LLP for construction project management services to be funded from current budget operating account 2121.2392 and funded 100 - 11 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm percent from the casino reserve in accordance with Purchasing Policy 10.03 (c); vi That Council approve $432,480 (net of HST) to Torys LLP to complete all of the legal agreements necessary for the execution of contracts to be approved at the April 2022 meeting; vii That Council approve $40,700 (net of HST) for soil/environmental testing and related works as part of the due diligence process related to the land transaction and to be funded from the 2019 Capital Budget account; viii That IBI Group be retained to undertake a parking strategy for the new proposed underground parking garage at a cost not to exceed $50,000 (net of HST) and to be funded from 2019 Capital Budget account; ix That Council approve $941,000 (net of HST) to OPB Realty Inc. for reimbursement of work for the City portion of the underground parking garage design and development expenses; x That Deloitte LLP be retained to undertake and develop a debt financing strategy for the City Centre project at a cost not to exceed $45,800 (net of HST); xi That the Director, Finance & Treasurer be authorized to allocate the above approved expenditures and prior approved and prior year’s City Centre expenditures to the various capital accounts and to maximize the use of development charge funding; and, xii That Council approve $92,284 (plus HST) to be awarded to EllisDon Corporation for General Contractor Services consulting contract related to preconstruction work for the City Centre project under RFP2021-3 and this cost be funded from the 2019 Capital Budget account; 4.That, in the event Council approves the actions set out in Recommendation 3 above, the material content of the provisions contained in the draft Master Agreement and related Memorandum (Attachment 2) are endorsed, and will be contained within a final Master Agreement to be executed by the City and OPB Realty Inc. (or an affiliate of OPB Realty Inc.), subject to the satisfaction of the concerns more particularly set out within this report regarding: (i) profit sharing on any future sale of the South Esplanade Block and (ii) certain restrictions on title to OPB's lands; - 12 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm 5.That, in the event Council approves the actions set out in Recommendation 3 above, the form of Contract for Architectural Services (Attachment 7) be approved for use in respect of the design and construction of each of the new City facilities included in the City Centre project, and that the Mayor and City Clerk be authorized to execute such contracts in conformity with the budget parameters established in this report by the Director, Finance & Treasurer and subject to minor revisions acceptable to the Chief Administrative Officer and the Director, Corporate Services & City Solicitor; 6.That, in the event Council approves the actions set out in Recommendation 3 above, the final form of Master Agreement, and all project contracts referred to within it, be brought before Council for approval as they are negotiated, but no later than April, 2022; and, 7.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried Unanimously on a Recorded Vote 7.Confirmation By-law By-law Number 7889/21 Councillor Brenner, seconded by Councillor McLean moved for leave to introduce a by- law of the City of Pickering to confirm the proceedings of October 21, 2021. Carried 8.Adjournment Moved by Councillor Ashe Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 8:14 p.m. Dated this 21st day of October, 2021. - 13 - Special Council Meeting Minutes October 21, 2021 Electronic Meeting 7:00 pm David Ryan, Mayor Susan Cassel, City Clerk - 14 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt B. McLean D. Pickles Absent I. Cumming Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Douglas-Murray - Director, Community Services B. Duffield -Director, Operations J. Eddy -Director, Human Resources J. Hagg -Fire Chief R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner R. Perera -Committee Coordinator 1.Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor Cumming, and that all Members present were participating electronically in accordance with By-law 7771/20. 2.Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3.Indigenous Land Acknowledgment Statement Mayor Ryan read the Indigenous Land Acknowledgment Statement. - 15 - 4. 5. 6. 7. Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm Disclosure of Interest No disclosures of interest were noted. Adoption of Minutes Resolution #701/21 Moved by Councillor Pickles Seconded by Councillor McLean Council Minutes, September 27, 2021 Executive Committee Minutes, October 4, 2021 Planning & Development Committee Minutes, October 4, 2021 Special Council Minutes, October 6, 2021 Carried Presentations There were no presentations. Delegations 7.1 Paula MacDonald Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Paula MacDonald, 379 Rosebank Road, joined the electronic meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Through the aid of a PDF presentation, Ms. MacDonald raised concerns regarding the density changes the proposed development would bring and noted that the semi-detached homes as proposed by the applicant were not in keeping with the character of the neighbourhood. Ms. MacDonald further added that the proposed development would be inconsistent with Official Plan Amendment 40 which was approved at the September 27, 2021 Council meeting, and that the Habitat for Humanity homes should not be a point of reference for the proposed development. Ms. MacDonald raised further concerns regarding the adverse impact to the real estate value of surrounding homes and noted that while Report PLN 38-21 stated that there is no financial impact to the City, the City would be receiving a community playground on the subject lands should the proposal be approved. She also added that 375 Rosebank Road, a property built by Joshani Homes Ltd., was not in compliance with By-law number 7871/21. Ms. MacDonald - 16 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm concluded her delegation by asking Council to oppose the Zoning By-law Amendment Application. 7.2 Stephanie Hoffe Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Resolution #702/21 Moved by Councillor Butt Seconded by Councillor McLean That the rules of procedure be suspended to allow a presentation from registered delegate Stephanie Hoffe under Item 7.2 of the agenda. Carried on a Two-Thirds Vote Stephanie Hoffe, 593 Kimton Court, joined the electronic meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Through the aid of a PowerPoint presentation, Ms. Hoffe noted that there were no semi-detached homes that were comparable to the proposed development and spoke to the differences between semi-detached and D-Link housing. She further added that the proposed cul-de-sac would be butting onto private property and questioned where the snow would be plowed during the winter months. Ms. Hoffe raised further concerns regarding parking, grading, and flooding on Dunn crescent. She concluded her delegation by asking Council to reconsider the recommendation of the Planning & Development Committee. 7.3 Michael Vani, Weston Consulting Re: Report PLN 39-21 Two-year Period Exemption Request for Minor Variance Application P/CA 103/21 Universal City Six Developments Inc. 1496 Bayly Street Michael Vani, Weston Consulting, withdrew his delegation request and was not connected to the electronic meeting. 7.4 Ryan Rowland Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 - 17 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Ryan Rowland, 599 Kimton Court, joined the electronic meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Mr. Rowland noted that the zoning for the subject lands were not SDB and that the Habitat for Humanity housing should not be compared to the proposed development. He raised further concerns regarding the adverse impact to neighbourhood character and parking, and added that the developer would not incur financial loss should the developer choose to build detached homes that would be in keeping with the neighbourhood character. 7.5 John Lambert Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) John Lambert, 599 Nomad Road, joined the electronic meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Mr. Lambert raised concerns regarding the possibility for the proposed development to create a precedent in developing multifamily dwellings and noted that Metrolinx had also identified concerns regarding the proposed cul-de-sac. Mr. Rowland added that the builder had demolished and buried a home and a concrete swimming pool on Rosebank Road which resulted in a significant change to the grading of the lands. Mr. Lambert concluded his delegation by asking Council to oppose Zoning By-law Amendment Application A 03/19. 7.6 Diane Seeley Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Diane Seeley, 597 Nomad Road, joined the electronic meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Ms. Seeley raised concerns regarding parking, the loss of privacy, excess dirt, and noted that the property was not being maintained by the developer. She added that the development was profit driven and was not in keeping with the character of the neighbourhood. She concluded her delegation by asking Council to consider the adverse impact the development would have on the community. - 18 - 7.7 7.8 7.9 8. 8.1 Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm Garry Winsor, Fairport Beach Neighbourhood Association Re: Motion for Reconsideration of Council Resolutions #676/21 and #677/21 Garry Winsor, Fairport Beach Neighbourhood Association, joined the electronic meeting via audio connection in support of the motion for reconsideration of Council resolutions #676/21 and #677/21. Mr. Winsor expressed his concerns regarding the change to the maximum dwelling height, and added that through public consultation, the Fairport Beach Neighbourhood Association had expressed their support for the original 9 metre maximum dwelling height. Mr. Winsor concluded his delegation by noting that due to the current 10 metre maximum dwelling height in place, builders could now apply for a 12 metre maximum dwelling height exception through a minor variance application Paul White, President, Fairport Beach Neighbourhood Association (Inc.1949) Re: Motion for Reconsideration of Council Resolutions #676/21 and #677/21 Paul White, President, Fairport Beach Neighbourhood Association, joined the electronic meeting via audio connection in support of the motion for reconsideration of Council resolutions #676/21 and #677/21. He expressed his concern regarding the manner in which the amendment to the maximum dwelling height was carried out at the September 27, 2021 Council meeting. He added that the 10 metre height would allow builders the opportunity to apply for higher dwelling height exceptions through the Committee of Adjustment and noted that major cities also have restricted heights of 7 to 9 metres for some areas. Mr. White concluded his delegation by asking Council to reconsider their decision on the matter. Janice Frampton Re: Motion for Reconsideration of Council Resolutions #676/21 and #677/21 Janice Frampton, 1810 Post Drive, joined the electronic meeting via audio connection in support of the motion for reconsideration of Council resolutions #676/21 and #677/21, and added that the City would be creating a negative precedent by maintaining the 10 metre maximum dwelling height. Ms. Frampton concluded her delegation by asking Council why they were considering the needs of a builder more than the Community. Corr. 48-21 The Honorable David Piccini Minister of the Environment, Conservation and Parks Re: York Durham Sewage Solutions -Bill 5, York Region Wastewater Act, 2021 Correspondence - 19 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm Brief discussion ensued between Members of Council and Richard Holborn, Director, Engineering Services, regarding the role City Staff would play in the Advisory panel as noted in Corr. 48-21, the Region of Durham being opposed to the sewage being relocated to Pickering’s water treatment plant, and agreeing with York Region on directing the sewage to the Lake Simcoe treatment plant. Mayor Ryan noted that he had expressed Council’s opposition and disappointment to The Honourable Peter Bethlenfalvy regarding the Province’s decision to direct the sewage to Pickering’s water treatment plant. Resolution #703/21 Moved by Councillor McLean Seconded by Councillor Pickles That Corr. 48-21, from The Honorable David Piccini, Minister of the Environment, Conservation and Parks, dated October 5, 2021, regarding the York Durham Sewage Solutions -Bill 5, York Region Wastewater Act, 2021, be received for information. Carried 8.2 Corr. 49-21 Association of Municipalities Ontario Re: AMO Policy Update – Phase I Regulations of Conservation Authorities Act Released A brief question and answer period ensued between Members of Council and Marisa Carpino, Chief Administrative Officer, regarding whether there would be any additional costs added to the 2022 draft budget as a result of the changes, with Ms. Carpino noting that Staff are confident that no additional costs would be added to the 2022 budget as the next year would be dedicated to negotiating the terms and understanding inventory and costs. Resolution #704/21 Moved by Councillor Brenner Seconded by Councillor McLean 1.That Corr. 49-21, from the Association of Municipalities Ontario, dated October 12, 2021, regarding the AMO Policy Update – Phase I Regulations of Conservation Authorities Act Released, be received; and, 2.That Staff be directed, through the CAO, to enter into discussions with the Toronto Region Conservation Authority (TRCA) regarding the Municipal - 20 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm funding of non-mandated services and report back to Council on budgetary impacts prior to June 2022. Carried 8.3 Corr. 50-21 Kevin Narraway, Manager of Legislative Services/Deputy Clerk Town of Whitby Re: Provincial Funding for Municipal By-law Enforcement Costs related to Proof of Vaccination Policy Discussion ensued between Members of Council regarding the need for municipal funding for Municipal By-law enforcement costs, related to Proof of Vaccination Policy, being a topic at the Ontario’s Big City Mayors Meetings and the City of Barrie undertaking an analysis of the additional costs. Resolution #705/21 Moved by Councillor Butt Seconded by Councillor Pickles 1.That Corr. 50-21, from Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town of Whitby, dated October 13, 2021, regarding the Provincial Funding for Municipal By-law Enforcement Costs related to Proof of Vaccination Policy, be received; and, 2.That the position of the Town of Whitby be endorsed and a copy of this Resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, all Durham Region MPPs, and Mayor Jeff Lehman, City of Barrie, Chair, Ontario’s Big City Mayors. Carried 8.4 Corr. 51-21 Dave Burton, President, Good Roads Re: Modified Exhausts and Noisemakers Brief discussion ensued between Members of Council regarding the City advising the Province of the need to prohibit modified exhausts and noisemakers, and the subject matter being under the jurisdiction of the Province. Resolution #706/21 Moved by Councillor Brenner Seconded by Councillor Butt - 21 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm 1.That Corr. 51-21, from Dave Burton, President, Good Roads, regarding the Modified Exhausts and Noisemakers, dated October 19, 2021, regarding the Modified Exhausts and Noisemakers, be endorsed; and, 2.That a copy of this Resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, and The Honourable Caroline Mulroney, Minister of Transportation. Carried 8.5 Corr. 52-21 Nicole McNeill, President and Chief Administrative Officer Municipal Property Assessment Corporation Re: 2022 Provincial Municipal Levy Announcement A question and answer period ensued between Members of Council and Stan Karwowski, Director, Finance & Treasurer, regarding: •the Region of Durham providing a levy to MPAC on behalf of the lower tier Municipalities and the percentage that was provided to MPAC on behalf of the City; •the upcoming reassessment date and the impact of fair market value for Pickering; and, •the MPAC levy to the Durham Region being a 0% increase for 2021 and 2022. Resolution #707/21 Moved by Councillor Pickles Seconded by Councillor Butt That Corr. 52-21, from Nicole McNeill, President and Chief Administrative Officer, Municipal Property Assessment Corporation, dated October 18, 2021, regarding the 2022 Provincial Municipal Levy Announcement, be received for information. Carried 8.6 Corr. 53-21 Sarah Douglas-Murray, Director, Community Services City of Pickering Re: Request to Deaccession Artifacts at Pickering Museum Village -August 2021 Deaccession List - 22 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm A brief question and answer period ensued between Members of Council and Sarah Douglas-Murray, Director, Community Services, regarding the dollar value of the artifacts and the possibility of auctioning the artifacts. Resolution #708/21 Moved by Councillor Butt Seconded by Councillor Pickles That Corr. 53-21, dated October 13, 2021, from Sarah Douglas-Murray, Director, Community Services, City of Pickering, requesting approval for the deaccession of artifacts as proposed by City staff and endorsed by the Cultural Advisory Committee on September 21, 2021, be approved. Carried 9.Report EC 08-21 of the Executive Committee held on October 4, 2021 9.1 Director, Community Services , Report CS 18-21 City of Pickering Volunteer Program Update -2020/2021 Activities Council Decision: 1.That Report CS 18-21, regarding the City of Pickering Volunteer Program Update, be received for information; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.2 Director, Community Services , Report CS 31-21 2022 Community Festivals and Events -Approval of 2022 Events in Esplanade Park Council Decision: 1.That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on Tuesday, June 21, 2022 for National Indigenous Peoples Day, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 2.That Council authorize staff to issue a park permit for the use of Esplanade Park by Frederica Black Events on Saturday, July 16, 2022 for Brew & BBQ Fest on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer;- 23 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm 3.That Council authorize staff to issue a park permit for the use of Esplanade Park by Canadian Food Truck Festivals from Friday, August 5 to Sunday, August 7, 2022 (inclusive) for Pickering Food Truck Festival, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 4.That Council authorize staff to issue a park permit for the use of Esplanade Park by Indo-Canadian Cultural Association of Durham Inc. on Saturday, August 14, 2022 for Festival of India’s Heritage, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.3 Director, Human Resources, Report HUR 05-21 Recovery Plan -Post Pandemic Service Delivery Model Council Decision: That Report HUR 05-21, regarding the City’s Recovery Plan – Post Pandemic Service Delivery Model, be received for information. Resolution #709/21 Moved by Councillor Ashe Seconded by Councillor Pickles That Report EC 08-21 of the Executive Committee Meeting held on October 4, 2021 be adopted. Carried 10.Report PD 08-21 of the Planning & Development Committee held on October 4, 2021 10.1 Director, City Development & CBO, Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Council Decision: - 24 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm 1.That Bell Mobility be advised that City Council objects to the proposal for a 20.0-metre high monopole telecommunication tower located at the Rick Johnson Memorial Park (2631P Sapphire Drive), based on the design and location of the proposal; and, 2.That Bell Mobility be advised that City Council objects to the proposal for a 20.0-metre high monopole telecommunication tower located at the Foxtail Green (1088P Foxtail Crescent), based on the design and location of the proposal. Resolution #710/21 Moved by Councillor Ashe Seconded by Councillor Pickles That Report PD 08-21, save and except Item 10.2, PLN 38-21, of the Planning & Development Committee Meeting held on October 4, 2021 be adopted. Carried 10.2 Director, City Development & CBO, Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Discussion and a question and answer period ensued between Members of Council and Staff regarding: •the staff recommendation for the zoning amendment application as noted in report PLN 38-21 and concerns regarding the outcome of a possible appeal to the OLT; •issues identified by Metrolinx and whether this had any impact on Staff’s recommendation; and, •concerns regarding a builder on an adjacent property burying fill and raising the grading of the lands and whether this matter was known and addressed by Staff. Resolution #711/21 Moved by Councillor Ashe Seconded by Councillor Pickles - 25 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm That Zoning By-law Amendment Application A 03/19, submitted by Joshani Homes Ltd., to permit 4 semi-detached dwellings units fronting onto the future southerly extension of Dunn Crescent, be approved, and that the draft Zoning By- law Amendment set out in Appendix I to Report PLN 38-21 be finalized and forwarded to Council. Carried Later in the Meeting (See Following Motion): Resolution #712/21 Moved by Councillor Brenner Seconded by Councillor McLean That the main motion be amended to read as follows: That Zoning By-law Amendment Application A 03/19, submitted by Joshani Homes Ltd., to permit 4 semi-detached dwellings units fronting onto the future southerly extension of Dunn Crescent, be refused. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Pickles Councillor Brenner Councillor Mayor Ryan Councillor Butt Councillor McLean The Main Motion, as amended, was then Carried 11.Reports – New and Unfinished Business 11.1 Chief Administrative Officer, Report CAO 06-21 myDurham 311 Project & Re-routing Request A discussion and a question and answer period ensued between Members of Council and Staff regarding: •ensuring that the 311 program operates in an efficient manner and that calls received through the 311 program are routed to 311 operators; •the model alleviating the number of calls received by the City on matters related to the Region; •ensuring that residents in West Pickering with 416 area phone numbers are routed to 311 Durham and not Toronto; - 26 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm •the City providing efficient and outstanding Customer Service and ensuring that the new 311 model does not hinder this service; and, •whether the model was being tested on a trial basis and whether the initiative had any impact to staffing levels. Resolution #713/21 Moved by Councillor Pickles Seconded by Councillor Ashe 1.That, as part of the myDurham 311 project, 311 calls made by residents, customers, and businesses within the City of Pickering telephone exchange be re-routed to the Region of Durham, subject to being revocable by the City on 60-days notice to the Region; 2.That to the City agree, in principle, to participate in Model 1 of the Municipal Models spectrum; 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and, 4.The City Clerk forward a copy of Report Number CAO 06-21 to the Regional Municipality of Durham. Carried Unanimously on a Recorded Vote 11.2 Director, Community Services, Report CS 34-21 Canada Community Revitalization Fund – The Improvement of Pickering’s Esplanade Park -Grant Application Endorsement Resolution #714/21 Moved by Councillor Pickles Seconded by Councillor Butt 1.That Pickering Council supports the application of The Improvement of Pickering’s Esplanade Park for the Federal Economic Development Agency for Southern Ontario (FEDASO), Canada Community Revitalization Fund (CCRF) for a total project cost of $340,500; 2.That staff be directed, through the Chief Administrative Officer, to submit an application under the FEDASO, CCRF to request $255,375 to fund the project outlined in this report; - 27 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm 3.That if grant funding be approved, that the Treasurer be authorized to fund the City contribution of $85,125 as follows: a)the sum of $55,125 by a transfer from the Public Art Reserve; b)the sum of $30,000 from property taxes; and, 4.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 11.3 Director, City Development & CBO, Report PLN 39-21 Two-year Period Exemption Request for Minor Variance Application P/CA 103/21 Universal City Six Developments Inc. 1496 Bayly Street Resolution #715/21 Moved by Councillor Butt Seconded by Councillor McLean That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider Minor Variance Application P/CA 103/21 resulting from the further processing of the Site Plan application, submitted by Universal City Six Developments Inc., for lands municipally known as 1496 Bayly Street, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Carried 11.4 Director, City Developments & CBO, Report PLN 40-21 Envision Durham – Housing Intensification Study Technical Report Resolution #716/21 Moved by Councillor Pickles Seconded by Councillor Butt 1.That Council endorse the Staff Comments contained in Section 2.2 of Report PLN 40-21 as the City’s formal comments on the Envision Durham Housing Intensification Study Technical Report, August 24, 2021; and, - 28 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm 2.That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. Carried 11.5 Motion for Reconsideration of Council Resolutions #676/21 and #677/21: A brief question and answer period ensued between Members of Council and Susan Cassel, City Clerk, regarding whether the motion for reconsideration was the Council decision of the September 27, 2021 Council meeting on the matter, with Ms. Cassel confirming that should the motion for reconsideration be carried on a two-thirds vote, the decision of September 27th would be before Council for debate and decision as Council deems fit. Resolution #717/21 Moved by Councillor Brenner Seconded by Councillor Butt That Council Resolutions #676/21 and #677/21, regarding the Infill and Replacement Housing in Established Neighbourhoods, Recommended Amendment 40 to the Pickering Official Plan, Recommended Informational Revision 28 to the Pickering Official Plan, Recommended Draft Zoning By-law Amendments Revised Urban Design Guidelines be reconsidered. Carried on a Two-thirds Recorded Vote as Follows: Yes No Councillor Brenner Councillor Ashe Councillor Butt Councillor McLean Councillor Pickles Mayor Ryan A question and answer period ensued between Members of Council and Staff regarding: •whether Staff were in agreement to the amendment made at the September 27, 2021 Council meeting to change the maximum dwelling height to a 10 metres; •Staff concerns as stated in the Memorandum dated October 25, 2021 provided to Council by the Director, City Development & CBO and Director, Corporate Services & City Solicitor, prior to the meeting; - 29 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm •the 9 metre maximum dwelling height being the recommendation of Staff and the same height having been assessed through an extensive public consultation process; •the requirement to undertake a public consultation process under the Planning Act to amend the maximum dwelling height to 9 metres; •the 10 metre maximum dwelling height resulting in less restrictions for certain areas that were intended to be more restrictive; •a maximum dwelling height of 9 metres creating consistency across the City; •builders and homeowners having the opportunity to challenge the maximum building height; •the possibility of applying a maximum dwelling height of 10 metres for all of Pickering; and, •the Infill By-law hindering the property rights of individual landowners. Resolution #718/21 Moved by Councillor Brenner Seconded by Councillor Butt 1.a) That Official Plan Amendment Application OPA 20-006/P, initiated by the City of Pickering, to add new policies to the Pickering Official Plan with regard to Infill and Replacement Housing in Established Neighbourhood Precinct areas, as set out in Appendix I to Report PLN 33-21, be approved; b)That the Draft By-law to adopt Official Plan Amendment 40 to the Pickering Official Plan, to add new policies to the Pickering Official Plan with regard to Infill and Replacement Housing in Established Neighbourhood Precinct areas, as set out in Appendix I to Report PLN 33- 21, be approved; 2.That Council adopt Informational Revision 28 to the Pickering Official Plan, to add a layer identifying the boundaries of Established Neighbourhood Precincts to the informational neighbourhood maps contained within Chapter 12 – Urban Neighbourhoods, of the Pickering Official Plan, as set out in Appendix Il to Report PLN 33-21; 3.That Zoning By-law Amendment Application A 11/20, initiated by the City of Pickering, to implement Official Plan Amendment 40, be approved, and that the Recommended Draft Zoning By-law Amendments as set out in Appendices lll, lV, and V to Report PLN 33-21 be approved; - 30 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm 4.That Council adopt the Revised Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, August 2021, as set out in Appendix Vl to Report PLN 33-21, which replaces the Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts dated August 2020, adopted by Council on September 28, 2020 through Resolution #428/20; and, 5.That the maximum Dwelling Height in Zoning By-laws Numbers 7872/21, 7873/21, and 7874/21be changed from 10 metres to 9 metres, and that staff be directed to proceed with a public process to amend the above noted Zoning By-laws in accordance with the provisions of the Planning Act. Carried on a Recorded Vote as Follows: Yes No Councillor Brenner Councillor Ashe Councillor Butt Councillor McLean Councillor Pickles Mayor Ryan 12.Motions and Notice of Motions There were no motions. 13.By-laws As a result of Council’s decision pertaining to Agenda Item 10.2, Report PLN 38-21, there were no by-laws to be adopted. 14.Other Business 14.1 Councillor McLean notified Members and Staff of an illegal dumping incident at 1234 Kingston Road and asked Staff whether there was a time period provided to those applying for a demolition permit to conduct the demolition and whether they had to report back where the materials were disposed of. Kyle Bentley, Director, City Development, noted that such a process was not currently being administered and spoke to various regulations in place to govern the disposal of certain materials and advised that Staff would further explore the matter and provide an update to Council. 14.2 Councillor Brenner inquired about the Hybrid WebEx Meeting Model with Susan Cassel, City Clerk, noting that through this Model, Council and Committee meetings would be held in Council Chambers with some Staff and Council - 31 - Council Meeting Minutes October 25, 2021 Electronic Meeting 7:00 pm Members joining electronically. She added that due to current orders, members of the public would continue to observe the meetings through the livestream with delegates being connected via audio phone connection. 14.3 Councillor Butt inquired about the City’s reopening plans for its fitness facilities, with Sarah Douglas-Murray, Director, Community Services, advising that the facilities would be opening to 100% capacity and that pre-registration and time limits for sessions were no longer a requirement. 15.Confirmation By-law By-law Number 7881/21 Councillor McLean, seconded by Councillor Ashe moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of October 25, 2021. Carried 16.Adjournment Moved by Councillor Butt Seconded by Councillor Pickles That the meeting be adjourned. Carried The meeting adjourned at 9:01 p.m. Dated this 25th day of October, 2021. David Ryan, Mayor Susan Cassel, City Clerk - 32 - Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm Present: Mayor David Ryan Councillors: K.Ashe M.Brenner S.Butt B.McLean D.Pickles Absent I.Cumming Also Present: M.Carpino -Chief Administrative Officer K.Bentley -Director, City Development & CBO P.Bigioni -Director, Corporate Services & City Solicitor S.Douglas-Murray -Director, Community Services B.Duffield -Director, Operations J.Eddy -Director, Human Resources J.Hagg -Fire Chief J.Flowers -CEO & Director of Public Libraries, Pickering Public Library R.Holborn -Director, Engineering Services F.Jadoon -Director, Economic Development & Strategic Projects S.Karwowski -Director, Finance & Treasurer S.Cassel -City Clerk C.Rose -Chief Planner N.Surti -Manager, Development Review & Urban Design R.Perera -Deputy Clerk C.Morrison -Principal Planner, Development Review A.Gibbons -Counsel, Torys LLP 1.Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor Cumming, and that all Members present were participating electronically in accordance with By-law 7771/20. 2.Disclosure of Interest - 33 - Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm No disclosures of interest were noted. Resolution #719/21 Moved by Councillor Pickles Seconded by Councillor Butt That Council move into closed session in accordance with the provisions of Section 239 (2)of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to: b)personal matters about an identifiable individual, including municipal or local board employees; d)labour relations or employee negotiations; e)litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f)advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, k)a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Carried Council took a brief pause to allow the livestream of the Meeting to be severed. 3.In Camera Matters 3.1 Confidential Memorandum from the Director, Human Resources Re: Ratification of the Pickering Firefighters’ Collective Bargaining Memorandum of Settlement This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 3.2 Confidential Memorandum from the Director, Human Resources Re: Personal Matter about an Identifiable Individual - 34 - Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 3.3 Confidential Memorandum from the Director, City Development Re: Claremont Subdivision and Rezoning Applications Before the Ontario Land Tribunal (OLT) This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 3.4 Confidential Verbal Update from the City Solicitor Re: the Master Development Agreement Negotiations for the City Centre This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #720/21 Moved by Councillor Pickles Seconded by Councillor McLean That Council rise to the open session of the Special Meeting of Council and ratify the confidential direction provided to Staff. Carried Council took a brief pause to allow the livestream of the Meeting to be resumed. Mayor Ryan stated that during the closed portion of the meeting, Council considered matters relating to a personal matter about an identifiable individual, labour relations and negotiations, negotiations being carried out on behalf of the municipality, received advice subject to solicitor-client privilege, and provided direction to Staff. 3.1 Confidential Memorandum from the Director, Human Resources Re: Ratification of the Pickering Firefighters’ Collective Bargaining Memorandum of Settlement - 35 - Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm Mayor Ryan stated that the direction pertaining to Item 3.1, Ratification of the Pickering Firefighters’ Collective Agreement was before Council to adopt in open session. Resolution #721/21 Moved by Councillor Butt Seconded by Councillor McLean That the Memorandum of Settlement, dated October 22, 2021, between The Corporation of the City of Pickering and the Pickering Professional Firefighters’ Association (PPFA) be ratified, and the Director, Human Resources be authorized to take the necessary actions. Carried Unanimously on a Recorded Vote 4.Delegations There were no delegations. 5.Matters for Consideration 5.1 Director, Corporate Services & City Solicitor, Report LEG 19-21 City Centre Project Master Agreement Issues A question and answer period ensued between Members of Council and Staff, regarding: •the City gaining close to $1 million in real estate value in the land swap to the Ontario Pension Board (OPB), and the need for the proposed facilities in the City Centre project; •the participation covenants potentially limiting Community Services and the Library in displaying videos and films in the new City Centre; •the City Centre square being the intended location for the Farmer’s Market, and the Farmer’s Market currently operating in the City Hall parking lot due to preference for a hard surface; •conditions placed by the Province and the Federal Governments when selling land to a Municipality to deter the flip of lands; •the City solicitor, Torys LLP, and Deloitte LLP supporting the prudence of a participation covenant in the Master Development Agreement; •the need to continue discussions with the OPB to ensure that the Master Development Agreement includes participation covenants; - 36 - Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm •the City conducting the land swap in trust that OPB would develop condominiums on the lands and the possibility of the City having a financial risk should the OPB not develop on the lands; •the possibility of a new owner applying for a zoning amendment should the OPB resell the lands; •the vision for condominiums to be built on the South Esplanade Block being a mechanism to offset the operating cost of the three buildings; •the land appraisal conducted by the independent firm demonstrating good value for the City on the land swap; •Staff having reasonable confidence that the City would be able to resolve the issue of the covenants with Farm Boy and Cineplex, and the City’s ability to address the covenants directly with Farm Boy and Cineplex; •the nature of the films that would be displayed by the Library and Community Services differing from those that would be displayed by Cineplex eliminating any competition; •both the City and the OPB working together to limit the restrictions that would be posed on the City by the restrictive covenants and the intention of the OPB being to provide clear title of the lands to the City; •other options being at the City’s disposal to resolve the issue pertaining to restrictive covenants should the OPB be unable to resolve the issues; and, •confidence that the City would not be at risk without the participation clause due to the subject lands being of prime real estate value and the socio- economic benefits of the project. Resolution #722/21 Moved by Councillor Ashe Seconded by Councillor Pickles 1.That Report LEG 19-21 be received; 2.That Council wishes to proceed with the City Centre Project, and that staff be directed to finalize the Master Agreement: (i) without any provisions for profit-sharing; and, (ii) without any additional provisions addressing restrictive covenants; and, 3.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner - 37 - Special Council Meeting Minutes November 1, 2021 Electronic Meeting 12:30 pm Councillor Butt Councillor McLean Councillor Pickles Mayor Ryan 6.Confirmation By-law By-law Number 7882/21 Councillor Ashe, seconded by Councillor Pickles moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of November 1, 2021. Carried 7.Adjournment Moved by Councillor Butt Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 2:39 pm Dated this 1st of November, 2021. David Ryan, Mayor Susan Cassel, City Clerk - 38 - Executive Committee Meeting Minutes November 1, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Pickles Present: Mayor David Ryan – arrived at 2:48 p.m. Councillors: K. Ashe M. Brenner S. Butt B. McLean D. Pickles Absent I. Cumming Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Douglas-Murray - Director, Community Services B. Duffield - Director, Operations J. Eddy - Director, Human Resources J. Hagg - Fire Chief R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk R.Perera - Deputy Clerk J. Litoborski - Supervisor, Licensing & Enforcement Due to the Special Council Meeting held at 12:30 p.m., the Executive Committee Meeting commenced at 2:45 p.m. 1. Roll Call The City Clerk certified that all Members of Council were present, save and except Mayor Ryan and Councillor Cumming, and that all Members present were participating electronically in accordance with By-law 7771/20. Mayor Ryan joined the electronic meeting at 2:48 p.m. 1 - 39 - Executive Committee Meeting Minutes November 1, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Pickles 2.Disclosure of Interest No disclosures of interest were noted. 3.Delegations 3.1 Paul W hite, President Fairport Beach Neighbourhood Association (Inc.1949) Re: Report BYL 02-21 Waterfront Parking -Current and Proposed Actions Paul White, President, Fairport Beach Neighbourhood Association (Inc.1949), joined the electronic meeting via audio connection to speak to Report BYL 02-21, and advised that he was in agreement with the concept of paid permit parking. He spoke to the parking system of the Town of Ajax, and the public consultation process undertaken by the City to obtain feedback regarding the City’s current parking measures and the proposal to implement paid permit parking, both on- street and at City waterfront parking lots. He raised concerns regarding the late night operational hours for the waterfront park, and added that such hours would invite unfortunate incidents. He further noted that the City should engage the Fairport Beach Neighbourhood Association in receiving input on the matter, and spoke to feedback he had received from area residents. He concluded his delegation by asking for paid parking for West side of Cliffview Road. A brief question and answer period ensued between Mr. White and Members of Council on implementing paid parking on Park Crescent. 4.Matters for Consideration 4.1 Director, Corporate Services & City Solicitor, Report BYL 02-21 Waterfront Parking -Current and Proposed Actions A brief question and answer period ensued between Members of Council and Staff, regarding: •comparators that the City looked at in implementing the $5/hour and the $30 maximum parking rate; •whether Staff were aware of any changes to the Ajax parking rates; •paid permit parking for Rodd Avenue and Bellavista Drive and engaging residents on Cliffview Road for further community engagement; •the benefits of electronic parking payment mobile applications; 2 - 40 - Executive Committee Meeting Minutes November 1, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Pickles •ensuring that the waterfront was accessible to all residents while minimizing the negative impact to the park; •whether parking meters would be installed by the City on the roads noted in the Report; •free parking for veterans and individuals with disabilities; •the public consultation confirming the need for paid parking on the noted roads; •whether paid permit parking would be a standard solution that would be applied to other areas; and, •Pickering residents receiving free parking for the waterfront area through preregistration. Recommendation: Moved by Councillor Ashe Seconded by Councillor Brenner 1.That Council approve the implementation of paid parking at the City’s waterfront parking lots (Liverpool Road, Beachpoint Promenade, and Progress Park), and paid permit parking on one side of waterfront area streets (see Attachment No. 1 – maps) from May 1st to October 1st annually; 2.That Council direct staff to communicate with residents on Park Crescent, Rodd Ave., and Bellavista Drive to determine if it is advisable to apply similar restrictions in these locations; 3.That Council approve a no charge permit for all Pickering residents who pre-register, which will allow use of the waterfront lots and on-street permit parking by City residents at no charge; 4.That Council approve an hourly parking rate for City waterfront parking lots, and on-street parking areas at a rate of $5.00 per hour, setting a maximum parking time of six hours; 5.That Council authorize staff to develop a permit system for each waterfront street household to accommodate guest parking; 6.That Council approve free parking for accessible parking permit holders and vehicles bearing veterans’ plates; 7.That the City continue to investigate options to create additional parking in the waterfront areas; 3 - 41 - Executive Committee Meeting Minutes November 1, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Pickles 8.That Council provide pre-budget approval of $75,000.00 to award a procurement process yet to be conducted to solicit bids for software and hardware options; 9.That staff be directed to include in the draft 2022 current budget the additional staffing set out in this report to support the implementation and administration of the foregoing Recommendations; and, 10.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried Later in the Meeting (See Following Motion) Moved by Councillor Ashe Seconded by Councillor Brenner That Item 2 of the main motion be amended by deleting the words “Rodd Ave.” and “Bellavista Drive” and inserting the words “Cliffview Road”.; Carried The Main Motion, as amended, was then Carried Unanimously on a Recorded Vote 4.2 Director, Corporate Services & City Solicitor, Report BYL 03-21 Deferral of Implementation of Accessible Service Supplement Fees Vehicle for Hire By-law Recommendation: Moved by Councillor Ashe Seconded by Councillor Brenner 1.That Report BYL 03-21 respecting a deferral of the implementation of the Accessible Service Supplement enacted in the Vehicle for Hire By-law 7739/20 be received; 2.That the implementation and collection of the Vehicle for Hire Accessible Service Supplement be deferred until January 1, 2023; and, 3.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 4 - 42 - Executive Committee Meeting Minutes November 1, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Pickles Carried 4.3 Director, Community Services, Report CS 29-21 Community Association Lease Agreement -South Pickering Seniors Club Recommendation: Moved by Councillor Ashe Seconded by Councillor Brenner 1.That the Mayor and City Clerk be authorized to execute the Lease Agreement with the South Pickering Seniors Club set out in Attachment 1 to this Report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Carried 4.4 Director, Engineering Services, Report ENG 23-21 Streetlighting on Regional Roads -Proposed Study of Current Policy/Practice Recommendation: Moved by Councillor Ashe Seconded by Councillor Brenner 1.That Council endorse the Draft Terms of Reference for a study of the Region of Durham’s current policy/practice with respect to streetlighting on Regional roads; 2.That, through the Office of the CAO, appropriate City staff be selected to represent the City of Pickering on the study working group consisting of Regional and Local Area Municipality staff; 3.That staff report back on the results of the procurement of consulting services and seek Council authorization for a financial contribution to the study; and, 5 - 43 - Executive Committee Meeting Minutes November 1, 2021 Electronic Meeting – 2:00 pm Chair: Councillor Pickles 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions indicated in this reports. Carried 5.Other Business 5.1 Councillor Brenner gave notice that he would be bringing forward a Notice of Motion regarding pre-budget approval pertaining to the camera technology in Council Chambers. 5.2 Councillor Ashe noted that Andrea Horwath, Leader of the Opposition Party, during a recent visit to Pickering, had stated that the lands in Northeast Pickering should be placed in the Green Belt. He noted that the statement resulted in misinformation regarding the Watershed study, and added that the Toronto Region Conservation Authority (TRCA) would be reaching out to Ms. Horwath to correct the statement and asked that Mayor Ryan contact Ms. Horwath to correct the statement as this could negatively impact the City’s bid submission related to a proposed hospital. 6.Adjournment Moved by Councillor Butt Seconded by Councillor McLean That the meeting be adjourned. Carried The meeting adjourned at 3:25 pm. 6 - 44 - Planning & Development Committee Meeting Minutes November 1, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Ashe Present: Mayor David Ryan Councillors: K.Ashe M.Brenner S.Butt B.McLean D.Pickles Absent I.Cumming Also Present: M.Carpino -Chief Administrative Officer K.Bentley -Director, City Development & CBO S.Cassel -City Clerk C.Rose -Chief Planner D.Jacobs -Manager, Policy & Geomatics N.Surti -Manager, Development Review & Urban Design R.Perera -Deputy Clerk K.Kilbourne -Principal Planner, Policy C.Morrison -Principal Planner, Development Review F.Chau -Planner ll 1.Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor Cumming, and that all Members present were participating electronically in accordance with By-law 7771/20. 2.Disclosure of Interest No disclosures of interest were noted. 3.Statutory Public Meetings Councillor Ashe, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City 1 - 45 - Planning & Development Committee Meeting Minutes November 1, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Ashe before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Land Tribunal (OLT), and may not be entitled to be added as a party to the hearing unless, in the opinion of the OLT, there are reasonable grounds to do so. Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 3.1 Information Report No. 15-21 Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Felix Chau, Planner II, provided the Committee with an overview of Zoning By-law Amendment Application A 07/21. Through the aid of a PowerPoint presentation, Mr. Chau outlined the subject lands, noting that the purpose of the amendment was to amend the existing site-specific zoning for the subject lands to include an automobile sales showroom and an office, an automobile service repair garage, bakery, a club, a commercial club, a commercial-recreational establishment, an office-associated commercial establishment, and a printing shop. He further spoke to the planning policy framework, planning and design comments, and the next steps in the application process. Bob Martindale, Principal, Martindale Planning Services, joined the electronic meeting via audio connection and noted that he was available for questions and added that the applicant would not be pursuing the inclusion of sensitive land uses, and therefore would not need a land use study. He further added that the applicant was looking to increase the retail and personal services use up to 10% to pursue additional opportunities without invalidating the concept of the application. Mr. Martindale noted that Marianne Mankaryous, KMSD Mankaryous Holdings, Said Agaiby, 1816638 Ontario Inc., and Vincent Santamaura, Vincent J. Santamaura, Architect Inc., were also connected to the meeting via audio connection and were available for questions. Moved by Councillor Brenner Seconded by Councillor Pickles That the rules of procedure be suspended to allow a presentation from registered delegate Joe Bessada, Bessada Kia, under Item 3.1 of the agenda. 2 - 46 - Planning & Development Committee Meeting Minutes November 1, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Ashe Carried on a Two-Thirds Vote Joe Bessada, Bessada Kia, joined the electronic meeting via audio connection to speak to the Zoning By-law Amendment Application A 07/21 and noted that he had a dealership immediately west of the proposed development. Through the aid of a PDF presentation, Mr. Bessada raised concerns regarding the use of the word ‘prestigious’ as it pertains to the application and provided several examples of similar developments that after time, become an eye sore in the community and have negative impacts on the surrounding streetscape. A question and answer period ensued between Members of the Committee, Staff, Mr. Santamaura, and Mr. Martindale, regarding: •whether there were any design guidelines in effect for the subject lands; •whether the applicant would be pursuing auto body uses on the subject lands; •whether the applicant would be open to selling innovative cars such as Hybrid vehicles; •clarification on the sale and/or repair of strider vans and the taller bays in the proposed development providing a unique opportunity in this regard; •whether the applicant owns other similar auto centres; •definition of a club and a commercial club; •the application including the request for a bakery and intent of the applicant for the long term development of the lands; •the location being a key location in the City and ensuring that the proposed development does not negatively impact the streetscape of the area; •the intersection being a gateway corner and whether staff had any other designations and design guidelines; •access points to the proposed development and potential traffic concerns; •restricting outdoor storage on the subject lands; and, •whether the applicant was requesting a truck rental zoning. 4.Delegations There were no delegations. 5.Planning & Development Reports 5.1 Director, Corporate Services & City Solicitor, Report LEG 16-21 1232548 Alberta Inc. – Plan of Subdivision 40M-2435 -Final Assumption of Plan of Subdivision 3 - 47 - Planning & Development Committee Meeting Minutes November 1, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Ashe -Lots 1 to 5, Plan 40M-2435 -File: 40M-2435 A brief question and answer period ensued between Members of Council and Staff regarding: •confirmation that the required services had been completed; and, •concerns regarding asphalt deteriorating in newer subdivisions and the need for Staff to inspect the top coating and drainage. Recommendation: Moved by Councillor Pickles Seconded by Councillor Brenner 1. That works and services required by the Subdivision Agreement within Plan 40M-2435, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and as sumed for maintenance; 2. That 1232548 Alberta Inc. be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M- 2435; and, 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 5.2 Director, City Development & CBO, Report PLN 41-21 City Initiated: Official Plan Amendment Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Recommended Amendment 38 to the Pickering Official Plan Recommended Informational Revision 26 to the Pickering Official Plan File: OPA 20-004/P Kyle Bentley, Director, City Development & CBO, advised that the purpose of Report 41-21 is to present Council with the policies pertaining to the Pickering Official Plan Amendment 38. He added that the proposed recommendations serve to establish the vision for the area and does not permit any development as of right. Mr. Bentley advised that the current zoning reflects the existing uses of the lands and any applications for redevelopment would require a zoning by-law 4 - 48 - Planning & Development Committee Meeting Minutes November 1, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Ashe amendment application which would include mandatory public notification and public consultation prior to the application coming before Council for consideration. Discussion and a question and answer period ensued between Members of the Committee and Staff regarding; •the difficulty in refusing a zoning by-law amendment application when the Official Plan permits such development; •concerns regarding the proposed maximum height and the recommended uses for various areas identified in the Study; •comments by Durham Region with concerns regarding water/sewer servicing and whether a traffic and transportation accumulative analysis had been conducted; •the adverse impact to traffic on Kingston Road with a recommended maximum of 35 storeys for high rise buildings; •concerns of loss of jobs and businesses and losing the commercial tax base due to large developments along the corridor; •feedback from residents and the public feedback being inconsistent with the recommendations noted in Report PLN 41-21; •whether landlords with vacant tenants would receive a tax rebate; •clarification regarding the concerns from the Ministry of Transportation regarding the proposed private streets identified east of Brock Road, south of Pickering Parkway, and north of Highway 401; •whether there were concerns from the Ministry of Transportation and the Region of Durham regarding the public roads with access to Brock Road north of Pickering Parkway; •the need for additional schools to accommodate the recommended intensification; •the lack of large parks in the intensification plans; •the height for the mixed use type C and the zoning by-laws for the subject lands being scheduled to come forward in Spring 2022; •the Toronto and Region Conservation Authority (TRCA) designating certain areas as flood areas and whether the TRCA had provided comments on the proposed amendments; •interim measures in place once the OPA comes into effect while the zoning by-laws are being drafted and how the community would be protected in the interim period; •the need to identify the responsibilities of external authorities; •outline of the Economic Development Plan and how it will work with individual applications, as they are brought forward, to ensure that there will 5 - 49 - Planning & Development Committee Meeting Minutes November 1, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Ashe be a mix of services, employment, and residential spaces to accommodate for the loss of existing businesses; and, •the need to conduct clear communication to increase public confidence and understanding of the proposed recommendations. Recommendation: Moved by Mayor Ryan Seconded by Councillor Pickles 1.a) That Official Plan Amendment Application OPA 20-004/P, initiated by the City of Pickering, to add new policies to the Pickering Official Plan with regard to the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas, as set out in Appendix I to Report PLN 41-21, be approved; and, b)That the Draft By-law to adopt Official Plan Amendment 38 to the Pickering Official Plan, to add new policies to the Pickering Official Plan with regard to the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas, as set out in Appendix I to Report PLN 41-21, be finalized and forwarded to Council for enactment; 2. That Council adopt Informational Revision 26 to the Pickering Official Plan of the Pickering Official Plan with regard to the Kingston Mixed Corridor and Brock Mixed Node Intensification Area, as set out in Appendix Il to Report PLN 41-21; 3. That staff be directed to bring forward an implementing Zoning By-law for the Kingston Mixed Corridor and Brock Mixed Node Intensification areas addressing site specific matters including maximum building heights, maximum floor space indices, and other appropriate development standards; 4. That Council repeal the following redundant development guidelines: Kingston Road Corridor Development Guidelines, Northeast Quadrant Development Guidelines, Specialty Retailing Node Development Guidelines, Walnut Lane Area Development Guidelines and Town Centre West Development Guidelines; 5. That staff be directed to bring forward refined Urban Design Guidelines for the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas for Council endorsement with the recommended implementing Zoning By- law; and, 6 - 50 - Planning & Development Committee Meeting Minutes November 1, 2021 Electronic Meeting – 7:00 pm Chair: Councillor Ashe 6.That a copy of Official Plan Amendment 38, Informational Revision 26, and all supporting documents be forwarded to the Region of Durham for review and approval. Lost on a Tie Vote, Recorded as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Pickles Councillor Butt Mayor Ryan Councillor McLean 6.Other Business 6.1 Councillor Brenner gave notice that he would be bringing forward a Motion regarding the City Initiated: Official Plan Amendment, Kingston Mixed Corridor and Brock Mixed Node Intensification Areas, Recommended Amendment 38 to the Pickering Official Plan, Recommended Informational Revision 26 to the Pickering Official Plan, File: OPA 20-004/P at the November 22, 2021 Council Meeting due to PLN 41-21 having lost on a tie vote. 7.Adjournment Moved by Councillor McLean Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 9:05 pm. 7 - 51 - The Regional Municipality of Durham Corporate Services Department Legislative Services 605 Rossland Rd. E. Level 1 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca Don Beaton, BCom, M.P.A. Commissioner of Corporate Services THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS AND DURHAM MPPS October 27, 2021 Susan Cassel Clerk City of Pickering 1 The Esplanade Pickering, ON L1V 6K7 Dear Ms. Cassel: RE: Free Menstrual Products at Region Facilities, Our File: A00 Council of the Region of Durham, at its meeting held on October 27, 2021, adopted the following resolution: “Whereas according to the most recent Canada census data 51% of the population of Durham Region are women; And Whereas the government of Ontario has taken a leadership position and recently announced a province-wide initiative to provide free menstrual products to every secondary school in Ontario; And Whereas “Period Poverty” where girls do not have access or the resources for menstrual products exists in our community, and this can interfere with their ability to take part in sports and or activities; And Whereas menstrual products are a necessity, not a luxury; And Whereas access to free high-quality products is fundamentally a human rights issue and crucial to the health, well being and success of women who don’t have access to these products; And Whereas women’s menstrual products are not currently freely available in all public Region run facilities, And Whereas the lack of feminine hygiene products has been identified as a barrier to access for some women and girls; Now therefore be it resolved: 1.That staff investigate the possibility and cost of adding free menstrual products to all public Region facilities and add this as a decision item for the 2022 Regional budget; and If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. Corr. 54-21 - 52 - Page 2 of 2 2. That a copy of this motion be shared with all Durham area Municipalities, and Durham area MPPs.” Ralph Walton Ralph Walton, Regional Clerk/Director of Legislative Services RW/ks - 53 - November 1, 2021 VIA EMAIL The Honourable Peter Bethlenfalvy Minister of Finance Frost Building South 7th Floor, 7 Queen’s Park Cres. Toronto, ON M7A 1Y7 Dear Minister Bethlenfalvy, RE: Toll equity and Highway 413 We are writing on behalf of the Ajax-Pickering Board of Trade, Clarington Board of Trade, Greater Oshawa Chamber of Commerce, and the Whitby Chamber of Commerce to share our position on toll equity and Highway 413. Durham Region is home to the only tolled north/south highways in Ontario; Highway 412 and Highway 418. We have been vocal in our opposition to these tolls and our members have repeatedly ranked the issue as their top transportation concern. We believe it is important to ensure that our transportation infrastructure supports north/south travel to help facilitate the movement of people and goods in Durham Region. By tolling these major arteries, the province has likely pushed highway traffic on to residential streets. Further, it has created an economic disadvantage for those local businesses relying on north/south highways. This includes our local agriculture businesses. The proposed Highway 413 is outside of our jurisdiction, and we have no formal position on its need or route. We would however ask the province to treat all Regions, including Durham Region, fairly and equitably as it relates to tolls in the development of any new highway infrastructure. On behalf of our members, we thank you for the opportunity to represent the voice and needs of our members and stakeholders. Our chambers and boards of trade celebrate the province’s commitment to transportation improvements, including investments in the Lakeshore East GO line to Bowmanville. We look forward to a continued partnership with the Ontario government as we work toward the common goal of supporting Ontario’s businesses. Sincerely, Nicole Gibson, Executive Director, Ajax-Pickering Board of Trade Sheila Hall, Executive Director, Clarington Board of Trade Jason King, Chief Executive Office, Greater Oshawa Chamber of Commerce Matthew Parish, President of the Board, Whitby Chamber of Commerce Corr. 55-21 - 54 - CC: The Honourable Caroline Mulroney, Minister of Transportation The Honourable Lorne Coe, MPP, Whitby The Honourable Rod Phillips, MPP, Ajax Jennifer French, MPP, Oshawa Lindsey Park, MPP, Durham David Piccini, MPP, Northumberland—Peterborough South John Henry, Chair and CEO, Regional Municipality of Durham Dan Carter, Mayor, Oshawa Shaun Collier, Mayor, Ajax Adrian Foster, Mayor, Clarington Don Mitchell, Mayor, Whitby Dave Ryan, Mayor, Pickering Rocco Rossi, President, Ontario Chamber of Commerce - 55 - Town of Whitby 575 Rossland Road East, Whitby, ON L1N 2M8 905.430.4300 whitby.ca November 3, 2021 Via Email: Dr. Kieran Moore Chief Medical Officer of Health kieran.moore@ontario.ca Dr. Robert Kyle Medical Officer of Health, Region of Durham health@durham.ca Re: Proof of Vaccination for all Participants in Organized Sports Please be advised that at a meeting held on November 1, 2021, the Council of the Town of Whitby adopted the following as Resolution # 281-21: Whereas activities related to organized sports such as close contact, forceful exhalation, prolonged exposure, crowded indoor spaces and removal of masks/face coverings during physical activity enhance the likelihood of COVID- 19 transmission; and, Whereas the current Provincial Regulations do not require participants in organized sports ages 12 to 17 to provide proof of vaccination or proof of medical exemption, despite this age group being eligible for COVID-19 vaccinations; and, Whereas the current Provincial Regulations do not require proof of vaccination or proof of medical exemption for any participant in organized sports serving in the capacity of a volunteer, coach, or official, including adults over the age of 18; and, Whereas the Provincial Chief Medical Officer of Health has encouraged individual sports organizations, such as minor hockey associations, to develop their own policies requiring proof of vaccination of players, coaches, trainers, referees, and other participants; and, Whereas the Regional Medical Officer of Health has recommend that sports and recreational fitness facilities consider developing their own policies requiring proof of vaccination for all participants in organized sports ages 12 and older including players, coaches, officials, and volunteers; and, Corr. 56-21 - 56 - Page 2 of 2 Whereas requiring proof of vaccination for all individuals ages 12 and older in sports and recreational fitness facilities will strengthen protections in the community by helping to curb the spread of COVID-19; and, Whereas a Provincial or Regional requirement for proof of vaccination for all participants ages 12 and older at all sports and recreational fitness facilities in Ontario or Durham Region would provide residents with clarity and consistency. Now therefore be it resolved: 1.That the Town of Whitby requests the Province of Ontario and Region of Durham to enact regulations requiring proof of vaccination at all sports and recreational fitness facilities for all participants in organized sports ages 12 and older including players coaches, officials, and volunteers at these events; and, 2.That the Clerk be directed to send a copy of this resolution to Dr. Kieran Moore, Provincial Chief Medical Officer of Health, Dr. Robert Kyle, Regional Medical Officer of Health, M.P.P. Lorne Coe, and all Durham municipalities. Should you require further information, please do not hesitate to contact John Romano, Commissioner of Community Services at 905.430.4321. Kevin Narraway Manager of Legislative Services/Deputy Clerk Copy: J. Romano, Commissioner of Community Services - romanoj@whitby.ca Lorne Coe, M.P.P., Whitby - lorne.coe@pc.ola.org N. Cooper, Director of Legislative and Information Services, Town of Ajax clerks@ajax.ca F. Lamanna, Clerk/Deputy CAO, Township of Brock - fernando.lamanna@brock.ca J. Gallagher, Municipal Clerk, Municipality of Clarington - clerks@clarington.net M. Medeiros, City Clerk, City of Oshawa - clerks@oshawa.ca S. Cassel, City Clerk, City of Pickering - clerks@pickering.ca B. Jamieson, Director of Corporate Services/Municipal Clerk, Township of Scugog - bjamieson@scugog.ca D. Leroux, Clerk, Township of Uxbridge - dleroux@uxbridge.ca - 57 - From: John Singleton Date: November 8, 2021 at 1:14:39 PM EST Subject: Pickleball in Pickering Please find attached a petition addressed to the Mayor of Pickering, members of City of Pickering Council, the City of Pickering Chief Administrative Officer and the City of Pickering Director of Community Services. This petition expresses the signatories' concern over the City of Pickering’s lack of support for the sport of Pickleball and requests attention to the development of practical, near-term solutions. Specifically, the signatories are recommending the allocation of tennis court space at Chestnut Hill Recreation Center to the sport of Pickleball as a short term and/or interim option pending more permanent solutions. This petition has, to date, been signed by over 200 Pickleball enthusiasts within the Pickering area and environs, with additional signatures being received every day. We note that these signatures have been provided within the space of less than two weeks, indicative of the interest and urgency of the petitioners. We acknowledge the announcement last week that a new, city sponsored Pickleball program will be starting in mid November at East Shore Community Center. We welcome this recent announcement, however, we also believe that two courts at ESCC fall short of meeting the needs of the very large community of Pickleball players in Pickering. We also note that the nature of the program starting at ESCC does not support ‘drop in’ Pickleball (the approach taken by the majority of municipalities), nor does it support ‘club-type’ play. Our recommendations remain the same – specifically, the multi-purpose use of existing tennis court space at Chestnut Hill Recreation Center, ideally under a ‘drop in’ format of play. We look forward to your response. Corr. 57-21 - 58 - Pickering Pickleball Petition This petition is being respectfully submitted on behalf of the Pickering Pickleball community, which includes the 300 some members of the 1st Pickering Pickleball Club and the (estimated) equal number of ‘non-club’ Pickleball enthusiasts who reside in the City of Pickering and play in other locales due to the lack of venues within the City of Pickering. Pickleball is the fastest growing sport in North America. Though it has historically been characterized as a sport for the “Active Over 55” population and remains a hugely popular sport within that demographic, its popularity is growing exponentially within all age groups and demographics. Pickleball provides the opportunity for exercise and social camaraderie, at a relatively low cost, to any participant regardless of age, gender or previous athletic experience. This petition is being submitted to express the disappointment of the petition signatories in the City of Pickering’s historic lack of support for Pickleball and to request City Leadership attention (at both the Political and Administrative levels) to the development of solutions to support the game within the City of Pickering. At the current time, the City of Pickering provides no dedicated facilities, either indoor or outdoor, for Pickleball. For outdoor play (which will soon not be an option in any event), venues are limited to a small number of courts spread disparately across the City, shared with tennis players, basketball players and other users. These are (generally) older, asphalt surfaced courts, some in less than optimum condition, and some with no nets, fences or windscreens. (In some cases, Pickleball players must bring their own nets and, in some cases, tape the PB lines onto the courts themselves.) For indoor play there are currently no venues. Courts previously available in the ‘Salon’ rooms at the Recreation Center are no longer available. For a short period of time, an indoor tennis court at the Recreation Center was allocated to Pickleball, however, that has also not been available for some time. A City sponsored Pickleball program at East Shore Community Center has recently restarted, however, this is aimed primarily toward ‘learn to play’ beginners and the two courts at ESCC do not support the wider Pickering Pickleball Community. We understand that the City of Pickering has longer term plans for expanded recreational facilities (potentially including Pickleball) in the City Center and Seaton area. We applaud this longer-term planning if it includes Pickleball, however, it does not solve the short-term need. The signatories of this petition respectfully request that the City of Pickering Leadership Team look for near term opportunities to provide both indoor and outdoor venues to support the game of Pickleball. Our view is that the allocation of one indoor tennis court at Chestnut Hill Recreation Center to Pickleball is an easy short-term solution. One tennis court, shared with Pickleball for (say) 3 or 4 days per week, 3 or 4 hours per morning, would provide an acceptable short-term solution … supporting both the - 59 - Pickleball community and not disrupting the tennis community. The allocation of tennis court #1 at Chestnut Hill Recreation Center would provide room for 4 Pickleball courts. We thank you for your consideration of this petition and look forward to your response. Addressees (Political): Mayor Dave Ryan mayor@pickering.ca Kevin Ashe kashe@pickering.ca Bill McLean bmclean@pickering.ca David Pickles dpickles@pickering.ca Maurice Brenner mbrenner@pickering.ca Ian Cumming icumming@pickering.ca Shaheen Butt sbutt@pickering.ca Addressees (Administrative): Marisa Carpino, Chief Administrative Officer, City of Pickering mguinto@pickering.ca Sarah Douglas-Murray, Director of Community Services, City of Pickering sdouglas- murray@pickering.ca - 60 - PICKERING PICKLEBALL PETITION 2021 Timestamp First Last Name Street address and unit City Postal Phone Email Address Name Code number optional 1 10/22/2021 Pickering 16:34:15 2 10/22/2021 Pickering 17:34:19 3 10/22/2021 Pickering 18:05:21 4 10/22/2021 Pickering 22:11:35 5 10/23/2021 Pickering 11:23:57 6 10/23/2021 Pickering 11:24:01 7 10/23/2021 Pickering 11:24:02 8 10/23/2021 Pickering 11:25:38 9 10/23/2021 Pickering 11:26:07 10 10/23/2021 Pickering 11:31:29 11 10/23/2021 Pickering 11:31:47 12 10/23/2021 Pickering 11:33:30 13 10/23/2021 Pickering 11:35:41 14 10/23/2021 Pickering 11:46:10 15 10/23/2021 Pickering 11:50:34 16 10/23/2021 Pickering 12:03:51 17 10/23/2021 Pickering 12:27:10 - 61 - Report to Council Report Number: BLD 01-21 Date: November 22, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Designated Substances and Building Permits - File: D-5000 Recommendation: 1. That BLD 01-21 from the Director, City Development & CBO regarding Designated Substances and Building Permits be received for information; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: At the September 27 Council meeting, Council received correspondence (see Council Corr. 37-21, Attachment #1) and verbal delegations from residents, expressing concerns regarding the City’s authorized demolition of a dwelling located at 786 Oliva Street and the presence of asbestos material, which is Provincially defined to be a designated substance. These residents have recommended changes to the City’s building permit process for new construction, renovations, and demolition so as to control the removal and disposal of asbestos and other hazardous substances. Specifically, the residents recommended that the City require designated substance reports (DSR) prior to the issuance of building and demolition permits, and that Building Services staff should be trained to monitor the safe handling and removal of hazardous materials. The Occupational Health and Safety Act (OHSA) regulates the handling or control of designated substances and identifies applicable roles and responsibilities of various persons in this regard. Although the enforcement of designated substances are outside of the City’s jurisdiction, Building Services are incorporating a series of steps within the permit process to ensure the property owner/applicant is aware of their obligations under the OHSA concerning designated substances, and to facilitate communication between the owner and the Ministry of Labour, who enforce such Provincial requirements. Staff continue to encourage all residents having concerns with construction activity in Pickering to contact Customer Care, or alternatively, a Building Services representative. Financial Implications: No direct costs to the City are anticipated. - 62 - Report BLD 01-21 November 22, 2021 Subject: Designated Substances and Building Permits Page 2 1. Background: 1.1 The Building Code Act The Building Code Act, 1992, (BCA) establishes the roles and responsibilities of the municipalities to enforce this Act and its regulations, including the Ontario Building Code, O. Reg. 332/12, as amended (OBC). Specifically, the Chief Building Official (CBO), as appointed by this Council, is responsible for establishing operational policies for, and to co-ordinate and oversee, enforcement of the BCA and the OBC in an independent manner. While the BCA identifies general requirements for various persons to obtain building permits and/or demolition permits when causing construction, the Building By-law (By-law 7362-14, as amended) is one tool used to establish detailed procedures to administer building permits, to set fees, to require documents in support of applications, and to conduct inspections that are mandated and identified in the OBC. Building Officials are provided with regular and ongoing training and guidance (through a variety of means) to understand various construction techniques, and building technologies, and to competently enforce building code requirements. The enforcement authority of the CBO and building officials are very specific to the design and construction/demolition of buildings as legislated within the BCA and the OBC, and this authority does not extend to the enforcement of other legislation overseen by external agencies, or Authorities Having Jurisdiction. 1.2 The Occupational Health and Safety Act The Occupational Health and Safety Act (OHSA), which is overseen by the Ministry of Labour (MOL), prescribes requirements to protect people from the risk of injury or ill health by: • ensuring employees’ health, safety and welfare at work; • protecting non-employees against the health and safety risks arising from work activities; and • controlling the keeping and use of explosive or highly flammable or dangerous substances. The OHSA defines a designated substance as “…a biological, chemical or physical agent or combination thereof prescribed as a designated substance to which the exposure of a worker is prohibited, regulated, restricted, limited or controlled”. One regulation under the OHSA, Ontario Regulation 278/05 – Designated Substances – Asbestos on Construction Projects and in Buildings and Repair Operations, prescribes asbestos as a designated substance, and applies to various types of buildings, vessels and vehicles which may contain a designated substances such as asbestos. Section 2(4) states: “This regulation does not apply to an owner of a private residence occupied by the owner or the owner’s family or to an owner of a residential building that contains not more than four dwelling units, one of which is occupied by the registered owner or family of the registered owner.” - 63 - Report BLD 01-21 November 22, 2021 Subject: Designated Substances and Building Permits Page 3 The OHSA identifies provisions for the appointment of Provincial officers for the enforcement of this Act and to ensure compliance. The OHSA does not provide any legislated authority for municipalities, or specifically for Building Officials, to enforce the requirements of this Act from a building construction or demolition perspective. 1.3 The Environmental Protection Act The Environmental Protection Act (EPA), overseen by the Ministry of Environment, Parks and Conservation (MOE), identifies requirements that provide for the protection and conservation of the natural environment and specifically addresses matters such as airborne particulate that can create a potential hazard. The EPA establishes roles and responsibilities to various parties involved in the generation of air born particulate for waste management, among other situations. Section 26 of the EPA identifies that: “This Part [Waste Management] does not apply to the storage or disposal by any person of the person’s domestic wastes on the person’s own property unless the Director [at the Ministry] is of the opinion, based upon reasonable grounds, that such storage or disposal is or is likely to create a nuisance, or to any sewage or other works to which the Ontario Water Resources Act or the Regulations thereunder apply.” The EPA identifies provisions for the appointment of Provincial officers for the enforcement of this Act and to ensure compliance. Similar to the OHSA, the EPA does not provide any legislated authority for municipalities, or specifically for Building Officials, to enforce the requirements of this Act from a building construction or demolition perspective. 2. Discussion: 2.1 Current Practice The Building By-law (By-law 7362/14, as amended) identifies the City’s building permit submission requirements. For low-rise residential new construction or renovation projects, the applicant is required to submit a completed application form, fees, site plan showing the location of the proposed construction, drawings detailing the scope of construction work, and supporting technical documents. Additionally, renovation projects typically include drawings that identify the area which will be demolished and rebuilt. A designated substance report (DSR) is not required for this type of construction. The submitted documents are reviewed by staff for compliance with the requirements as set out by the OBC. Once an application has been determined to comply with the OBC, engineering requirements, applicable zoning regulations, and the outstanding fees are collected, the associated building permit is issued. Periodic inspections are undertaken at key milestones throughout the construction process as required by the OBC, and the Building By-law. However, the property owners and their contractors are ultimately responsible for complying with the OBC and other applicable legislation throughout the construction activity. - 64 - Report BLD 01-21 November 22, 2021 Subject: Designated Substances and Building Permits Page 4 For low-rise residential demolition projects, the applicant is required to submit a completed demolition application form, a completed demolition approvals form that confirms utility agency disconnection sign offs, and a site plan showing the structure to be demolished. These documents are reviewed by staff and, where the information is determined to be complete, a demolition permit is issued to the applicant. Once the work has been completed, a site inspection is conducted to confirm that the building has been removed and that the remaining site is safe (e.g., holes in the ground are backfilled to grade level, etc.). For demolition of large buildings (greater than 600 square metres (6,460 square feet) in area and/or exceeding 3 storeys in height), the OBC requires owners to retain a professional engineer to submit additional information to identify the structural characteristics of these buildings, to address the safe removal of these buildings, and to undertake general review of the demolition. The OHSA and related regulations identifies the circumstances for when a property owner may be required to obtain a DSR as a part of their project. Such a report is not required to accompany the demolition permit for approval by the City. Where it has been established that a DSR is required, and the owner has failed to produce one, upon notification, the MOL would be responsible to take appropriate action. Periodic inspections are undertaken in accordance with the OBC and the inspectors will review applicable consulting engineering reports to verify that demolition has proceeded in compliance with the engineer’s requirements. 2.2 Industry Standard Staff have researched building permit processes within various Greater Toronto Area (GTA) municipalities. The majority of these municipalities (including those in Durham Region) do not require a DSR as a prerequisite to issue building permits for the construction or renovation of residential type buildings, or as a condition of demolition permit issuance. For situations where municipalities are made aware of a possible designated substance on or at a property for which a permit has been issued, the respective ministry is promptly notified by the building official. Some municipalities include verbiage that a DSR may be required as per the MOL, and failure to provide this at the request of a ministry inspector may result in their project being shut down. This notification is done as a courtesy for the applicant and is not enforceable by the municipality (for the reasons noted above). Several municipalities have advised that the inspections will not be completed unless a DSR is provided and the demolition site is safe for City staff to enter. In Western Canada, several municipalities have made it a requirement as part of their demolition permit process. A Vancouver area municipality will not issue a demolition permit until a DSR is submitted with the demolition permit application, reviewed and verified by staff. While not within their legal authority to do so, they state it is done in the interest of public safety. It should be noted that Vancouver has unique legislative authority to establish their own Building Code, which is specific to that City. The City of Pickering, like all other Ontario municipalities, are subject to the OBC and do not have such ability. - 65 - Report BLD 01-21 November 22, 2021 Subject: Designated Substances and Building Permits Page 5 2.3 Council Correspondence At the September 27, 2021 Council meeting, Council received correspondence (see Council Corr. 37-21, Attachment #1) and verbal delegations from residents, expressing concerns regarding the City’s authorized demolition of a dwelling located at 786 Oliva Street and the presence of asbestos material, which is considered to be a designated substance. These residents have recommended changes to the City’s building permit process for construction, renovation, and demolition so as to control the removal and disposal of asbestos and other hazardous substances. Specifically, the residents recommended that the City require a DSR prior to the issuance of building and demolition permits, and that Building Services staff should be trained to monitor the safe handling and removal of hazardous materials. Staff appreciate the efforts by these residents to contact the City about their concerns with regards to asbestos within this building. Upon notification of the likely presence of asbestos, staff promptly notified representatives within the MOL and MOE. As expressed in the correspondence, the MOL took appropriate action to follow up with the property owners to rectify. Notwithstanding that the enforcement of designated substances are outside of the City’s jurisdiction, in consideration of the above situation, the apparent gaps within the Provincial legislative framework, and evidence of measures being undertaken in some municipalities, staff are incorporating the following steps on a go-forward basis: • Any job site safety complaints that are sent into the Customer Care and/or Building Services will continue to be forwarded to the MOL for investigation and action in accordance with their mandate. • Applicants will be required to acknowledge their obligation to obtain an environmental assessment report, at their cost, where valid concerns have been raised about the presence of a designated substance at the property, and be required to follow all remediation steps as directed in the report. • The project inspector will facilitate communication between the MOL and the property owner, where an environmental assessment report is required, to ensure that the necessary remediation has been carried out to the satisfaction of the MOL. With respect to residents’ recommendations about a Pickering hotline, it is important to acknowledge the City’s Customer Care Centre, which has been in existence for many years and has proven to be an effective resource for residents to communicate with the City. Staff continue to encourage all residents having concerns with construction activity in Pickering to contact Customer Care, or alternatively, a Building Services representative. - 66 - Report BLD 01-21 November 22, 2021 Subject: Designated Substances and Building Permits Page 6 Attachment: 1. Council Corr. 37-21 Prepared By: Original Signed By Carl Kolbe Manager, Building Services & CBO Approved/Endorsed By: Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO CK:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 67 - Attachment #1 to BLD #01-21 - 68 - - 69 - - 70 - - 71 - - 72 - - 73 - Report to Council Report Number: CAO 07-21 Date: November 22, 2021 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. -File: A-1440 Recommendation: 1. That Proposal No. RFP2021-8 submitted by EBP US, Inc., dated September 15, 2021, to undertake a corporate Economic Development Strategy in the amount of $87,499.57 HST included) be awarded as per section 10.04 (c) of the Purchasing Policy; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $78,751.00 (net of HST rebate) from property taxes, account (502230.10000); and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: City of Pickering with a current population of nearly 100,000 is expected to grow to 153,000 by 2030. The City lies at the heart of Canada’s single largest labour market (over 4 million people within 1 hour commute), providing businesses access to ample, skilled, and diversified talent. City of Pickering is served locally by 5 universities and 6 colleges providing access to skills, training, and research assets across the spectrum. Pickering is also home to nearly 3,600 unique businesses with key sectors such as EN3 (energy, engineering and environment), advanced manufacturing, and logistics. An Economic Development Strategy anticipates growth and helps bring assets together to support an economically, environmentally, and socially sustained future. By better understanding the economic ecosystems already in place, looking toward future opportunities and risks, and then bringing people together to chart a path forward, the new Corporate Economic Development Strategy will be a roadmap for the City. This will allow the City and its stakeholders to better guide a variety of activities, including but not limited to business attraction, retention and expansion, employment and mixed-use land development, and potential industry sector targets. The Request for Proposal process resulted in the recommendation of EBP US, Inc. for the development of an Economic Development Strategy. The EBP team has extensive experience with similar projects, and have worked with agencies across North America and elsewhere to match their client’s goals and natural advantages to the needs of an evolving global marketplace. For decades, they have helped regions and municipalities plan and organize themselves for economic development, attracting investment, and fostering entrepreneurship. - 74 - CAO 07-21 November 22, 2021 Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. Page 2 Financial Implications: 1. Proposal Amount Proposal No. RFP2021-8 $77,389.00 HST (13%) $10,060.57 Total Gross Proposal Cost $87,449.57 2. Breakdown of Costs by Budget Year Total Project Cost Proposal No. RFP2021-8 $77,389.00 HST (13%) 10,061.00 Total Gross Project Cost $87,450.00 HST Rebate (11.24%) (8,699.00) Total Net Project Cost to City $78,751.00 3. Approved Source of Funds Approved Code Source of Funds 2021 Budget Required 502230.10000 Property Taxes $75,000.00 $78,751.00 Total Funds $75,000.00 $78,751.00 Project Cost under (over) approved funds by ($3,751.00) Expenditure increase can be covered by the overall budget for consulting and professional services. The 2021 Budget outlined above is a component de dicated to the development of a Corporate Economic Development Strategy. Discussion: Due to significant growth and development, along with the impacts of the COVID-19 pandemic, City of Pickering’s economic composition is shifting. Sectors previously identified as priority are now softening their role in the community. However, Pickering is also now faced with emerging sectors and opportunities. In order to capture value from the changing landscape of Pickering’s economy and businesses and investment into strategic projects, a corporate Economic Development Strategy is vital to navigate anticipated growth. - 75 - CAO 07-21 November 22, 2021 Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. Page 3 On August 20, 2021, the City issued RFP2021-8 for a corporate Economic Development Strategy. The purpose of this request for consulting services is to prepare an actionable and measurable strategy that allows the City to:  Build and sustain collaborative partnerships with all entities involved in improving the City’s economy, workforce development and business expansion, attraction and retention;  Further develop the community development brand;  Support Covid-19 small business recovery initiatives;  Undertake sector development and support activities;  Identify sector development activities and support for priority industries: manufacturing, logistics, health care, food/ agriculture and professional services;  Develop framework to create and support a small business and entrepreneurship centre in collaboration with community stakeholders;  Identify economic opportunities related to Federal Pickering Lands;  Identify marketing and social media engagement opportunities;  Undertake a Business Retention & Expansion and Business Investment and Attraction Study; and,  Identify marketing opportunities for Pickering’s shovel ready land inventory. A Bid advertisement was placed on the City’s website and on social media platforms. The RFP closed on September 15, 2021 with eight proposals received. An evaluation committee composed of City Staff reviewed proposal against the criteria outlined in the RFP (see Attachment No. 1). Three proposals moved into the presentation and interview stage as per the RFP. The proposal submitted by EBP US, Inc. was the highest scoring proposal. EBP brings unmatched experience and expertise to this project. The consulting firm has a long and successful history providing trusted advice based on detailed researc h and analysis. EBP has international experience analyzing drivers of change that existed well before the pandemic. This includes demographic change, industry productivity, wage growth and stagnation, supply chain shifts, telecommuting, infrastructure deterioration, and other topics. Their work also gives us a strong understanding of how companies make location decisions. EBP’s most recent projects include an investment promotion strategy for Fort Saskatchewan, Advantage Strategic Action Plan for Atlantic Canada, Strategic Action Plan for Envision Saint John, SWOT and Risk Profiles for Waterloo EDC. Based on Pickering’s needs and EBP’s experience with similar projects and knowledge of the region. The scope is designed with multiple tasks to take place over four phases: 1. Development of a Project Work Plan and Consultation Strategy; Stakeholder Engagement 2. Background Research and Analysis 3. Draft Strategy Development, including Goals, Objectives, and Actions; Communications to Relevant Stakeholders - 76 - CAO 07-21 November 22, 2021 Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. Page 4 4. Council Report and Presentation It is therefore recommended that Council award the consulting services for the development of an Economic Development Strategy for the City of Pickering at a net project cost of $78,851.00 (net of HST rebate) to be financed by property taxes, and that the proposal submitted by EBP US, Inc., dated September 15, 2021 in accordance with RFP2021-8. Attachments: 1. Request for Proposal: Economic Development Strategy, August 20, 2021 2. Supply & Services Evaluation Memorandum, September 16, 2021 3. Supply & Services Summary Memorandum, October 15, 2021 Prepared By: Original Signed By: Approved/Endorsed By: Original Signed By: Laraib Arshad Senior Economic Development Officer Fiaz Jadoon, Director, Economic Development & Strategic Projects Original Signed By: Ray Rodrigues, CPPB Manager, Supply & Services Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer LA:fj - 77 - CAO 07-21 November 22, 2021 Subject: RFP2021-8 Economic Development Strategy to EBP US Inc. Page 5 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 78 - Attachment #1 to Report CAO 07-21 Request for Proposals Economic Development Strategy Request for Proposals No.: RFP2021-8 Issued: August 20, 2021 Submission Deadline: September 15, 2021 at 12:00 pm (Noon Local Time) - 79 - RFP2021-8 Economic Development Strategy Table of Contents Part 1 – Invitation and Submission Instructions ........................................................ 3 1.1 Invitation to Proponents ........................................................................................3 1.2 Request for Proposals Contact ............................................................................. 3 1.3 Type of Contract for Deliverables ......................................................................... 3 1.4 Request for Proposals Timetable ......................................................................... 3 1.5 Submission of Proposals ...................................................................................... 4 Part 2 – Evaluation and Negotiation ............................................................................ 5 2.1 Stages of Evaluation and Negotiation................................................................... 5 2.2 Stage I – Mandatory Submission Requirements................................................... 5 2.3 Stage II – Evaluation ............................................................................................ 5 2.4 Stage III – Pricing ................................................................................................. 5 2.5 Stage IV – Ranking and Contract Negotiations .................................................... 6 Part 3 – Terms and Conditions for the Request for Proposals Process .................. 8 3.1 General Information and Instructions .................................................................... 8 3.2 Communication after Issuance of Request for Proposals .....................................9 3.3 Notification and Debriefing ................................................................................. 10 3.4 Conflict of Interest and Prohibited Conduct ........................................................ 10 3.5 Confidential Information ...................................................................................... 11 3.6 Procurement Process Non-binding ..................................................................... 12 3.7 Governing Law and Interpretation ...................................................................... 12 Appendix A – Form of Agreement ............................................................................. 14 Appendix B – Submission Form ................................................................................ 15 Appendix C – Pricing Form ........................................................................................ 18 Appendix D – Request for Proposals Particulars ..................................................... 40 A. The Deliverables .................................................................................................... 18 C. Mandatory Technical Requirements ...................................................................... 26 D. Rated Criteria ........................................................................................................ 27 Page 2 of 42 - 80 - RFP2021-8 Economic Development Strategy Part 1 – Invitation and Submission Instructions 1.1 Invitation to Proponents This Request for Proposals is an invitation by the City of Pickering (“City”) to prospective proponents to submit proposals for the provision of an Economic Development Plan as further described in the Request for Proposals Particulars (Appendix D) (the “Deliverables”). 1.2 Request for Proposals Contact For the purposes of this procurement process, the “Request for Proposals Contact” will be: City Contact: Lisa Chang, Buyer, Supply & Services E-mail: supply@pickering.ca Proponents and their representatives are not permitted to contact any employees, officers, agents, elected or appointed officials or other representatives of the City, other than the Request for Proposals Contact, concerning matters regarding this Request for Proposals. Failure to adhere to this rule may result in the disqualification of the proponent and the rejection of the proponent’s proposal. 1.3 Type of Contract for Deliverables The selected proponent may be requested to enter into direct contract negotiations to finalize an agreement with the City for the provision of the Deliverables. The terms and conditions found in the Form of Agreement (Appendix A) are to form the basis for commencing negotiations between the City and the selected proponent. It is the City’s intention to enter into an agreement with only one (1) legal entity. The term of the agreement is to be for a period of six months. 1.4 Request for Proposals Timetable Issue Date of Request for Proposals August 20,2021 Deadline for Questions 5 Business Days Prior to the Submission Deadline Deadline for Issuing Addenda 3 Business Days Prior to the Submission Deadline Submission Deadline September 15, 2021 at 12:00 PM (Noon Local Time) Rectification Period 5 Business Days from written request by the City The Request for Proposals timetable is tentative only, and may be changed by the City at any time. Page 3 of 42 - 81 - RFP2021-8 Economic Development Strategy 1.5 Submission of Proposals 1.5.1 Proposals to be Submitted at the Prescribed Location Proposals must be submitted via email to: supply@pickering.ca 1.5.2 Proposals to be Submitted on Time Proposals must be submitted at the location set out above on or before the Submission Deadline. Subject to the process described below, proposals submitted after the Submission Deadline will be rejected. 1.5.3 Proposals to be Submitted in Prescribed Format Proponents should submit one electronic copy in PDF format by email. Proposals submitted by email should include contact information for the sender, as well as clearly identifying the Request for Proposals title and number in the subject location of the email header, and full legal name of the proponent. 1.5.4 Amendment of Proposals Proponents may amend their proposals prior to the Submission Deadline by submitting the amendment in a separate email identifying the Request for Proposals title and number and the full legal name of the proponent . Any amendment should clearly indicate which part of the proposal the amendment is intended to amend or replace. 1.5.5 Withdrawal of Proposals At any time throughout the Request for Proposals process until the execution of a written agreement for provision of the Deliverables, a proponent may withdraw a submitted proposal. To withdraw a proposal, a notice of withdrawal must be sent to the Request for Proposals Contact and must be signed by an authorized representative of the proponent. The City is under no obligation to return withdrawn proposals. [End of Part 1] Page 4 of 42 - 82 - RFP2021-8 Economic Development Strategy Part 2 – Evaluation and Negotiation 2.1 Stages of Evaluation and Negotiation The City will conduct the evaluation of proposals and negotiations in the following stages: 2.2 Stage I – Mandatory Submission Requirements Stage I will consist of a review to determine which proposals comply with all of the mandatory submission requirements. If a proposal fails to satisfy all of the mandatory submission requirements, the City will issue the proponent a rectification notice identifying the deficiencies and providing the proponent an opportunity to rectify the deficiencies. If the proponent fails to satisfy the mandatory submission requirements within the Rectification Period, its proposal will be excluded from further consider ation. The Rectification Period will begin to run from the date and time that the City issues a rectification notice to the proponent. The mandatory submission requirements are as set out below. 2.2.1 Submission Form (Appendix B) Each proposal must include a Submission Form (Appendix B) completed and signed by an authorized representative of the proponent. 2.2.2 Pricing Form (Appendix C) Each proposal must include a Pricing Form (Appendix C) completed according to the instructions contained in the form. 2.2.3 Other Mandatory Submission Requirements Not applicable for this RFP. 2.3 Stage II – Evaluation Stage II will consist of the following two sub-stages: 2.3.1 Mandatory Technical Requirements The City will review the proposals to determine whether the mandatory technical requirements as set out in Section C of the Request for Proposals Particulars (Appendix D) have been met. Questions or queries on the part of the City as to whether a proposal has met the mandatory technical requirements will be subject to the verification and clarification process set out in Part 3. 2.3.2 Rated Criteria The City will evaluate each qualified proposal on the basis of the rated criteria as set out in Section D of the Request for Proposals Particulars (Appendix D). 2.4 Stage III – Pricing Stage III will consist of a scoring of the submitted pricing in accordance with the price evaluation method set out in the Pricing Form (Appendix C). The evaluation of price will be undertaken after the evaluation of mandatory requirements and rated criteria has been completed. Page 5 of 42 - 83 - RFP2021-8 Economic Development Strategy 2.5 Stage IV –Interview (Optional) At the conclusion of Stage III up to three of the highest ranking Proponents may be selected for an interview. Stage IV would consist of a scoring of the interview, which will be added to the Stage II and III scoring. 2.6 Stage V – Ranking and Contract Negotiations 2.6.1 Ranking of Proponents After the completion of Stage IV, all scores from Stage II, Stage III and Stage IV (if required) will be added together and the proponents will be ranked based on their total scores. If required, the top-ranked proponent will receive a written invitation to enter into direct contract negotiations to finalize the agreement with the City. In the event of a tie, the selected proponent will be the proponent with the highest score on the rated criteria. 2.6.2 Contract Negotiation Process Any negotiations will be subject to the process rules contained in the Terms and Conditions of the Request for Proposals Process (Part 3) and will not constitute a legally binding offer to enter into a contract on the part of the City or the proponent and there will be no legally binding relationship created with any proponent prior to the execution of a written agreement. The terms and conditions found in the Form of Agreement (Appendix A) are to form the basis for commencing negotiations between the City and the selected proponent. Negotiations may include requests by the City for supplementary information from the proponent to verify, clarify or supplement the information provided in its proposal or to confirm the conclusions reached in the evaluation, and may include requests by the City for improved pricing or performance terms from the proponent. 2.6.3 Time Period for Negotiations The City intends to conclude negotiations and finalize the agreement with the top - ranked proponent during the Contract Negotiation Period, commencing from the date the City invites the top-ranked proponent to enter negotiations. A proponent invited to enter into direct contract negotiations should therefore be prepared to provide requested information in a timely fashion and to conduct its negotiations expeditiously. 2.6.4 Failure to Enter into Agreement If the parties cannot conclude negotiations and finalize the agreement for the Deliverables within the Contract Negotiation Period, the City may discontinue negotiations with the top-ranked proponent and may invite the next-best-ranked proponent to enter into negotiations. This process will continue until an agreement is finalized, until there are no more proponents remaining that are eligible for negotiations or until the City elects to cancel the Request for Proposals process. 2.6.5 Notification to Other Proponents Other proponents that may become eligible for contract negotiations may be notified at the commencement of the negotiation process with the top-ranked proponent. Once an Page 6 of 42 - 84 - RFP2021-8 Economic Development Strategy agreement is finalized and executed by the City and a proponent, the other proponents will be notified of the outcome. [End of Part 2] Page 7 of 42 - 85 - RFP2021-8 Economic Development Strategy Part 3 – Terms and Conditions of the Request for Proposals Process 3.1 General Information and Instructions 3.1.1 Proponents to Follow Instructions Proponents should structure their proposals in accordance with the instructions in this Request for Proposals. Where information is requested in this Request for Proposals, any response made in a proposal should reference the applicable section numbers of this Request for Proposals. 3.1.2 Proposals in English All proposals are to be in English only. 3.1.3 No Incorporation by Reference The entire content of the proponent’s proposal should be submitted in a fixed form , and the content of websites or other external documents referred to in the proponent’s proposal but not attached will not be considered to form part of its proposal. 3.1.4 References and Past Performance In the evaluation process, the City may include information provided by the proponent’s references and may also consider the proponent’s past performance or conduct on previous contracts with the City or other institutions. 3.1.5 Information in Request for Proposals Only an Estimate The City and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in this Request for Proposals or issued by way of addenda. Any quantities shown or data contained in this Request for Proposals or provided by way of addenda are estimates only, and are for the sole purpose of indicating to proponents the general scale and scope of the Deliverables. It is the proponent’s responsibility to obtain all the information necessary to prepare a proposal in response to this Request for Proposals. 3.1.6 Proponents to Bear Their Own Costs The proponent will bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews or demonstrations. 3.1.7 Proposal to be Retained by the City The City will not return the proposal or any accompanying documentation submitted by a proponent. 3.1.8 Trade Agreements Proponents should note that procurements falling within the scope of the Canadian Free Trade Agreement (CFTA) and Canadian European Union Comprehensive Economic Trade Agreement (CETA) are subject to the applicable trade agreement requirements Page 8 of 42 - 86 - RFP2021-8 Economic Development Strategy but that the rights and obligations of the parties will be governed by the specific terms of this Request for Quotation. 3.1.9 No Guarantee of Volume of Work or Exclusivity of Contract The City makes no guarantee of the value or volume of work to be assigned to the successful proponent. The agreement to be negotiated with the selected proponent will not be an exclusive contract for the provision of the described Deliverables. The City may contract with others for goods and services the same as or similar to the Deliverables or may obtain such goods and services internally. 3.2 Communication after Issuance of Request for Proposals 3.2.1 Proponents to Review Request for Proposals Proponents should promptly examine all of the documents comprising this Request for Proposals, and may direct questions or seek additional information in writing by email to the Request for Proposals Contact on or before the Deadline for Questions. No such communications are to be directed to anyone other than the Request for Proposals Contact. The City is under no obligation to provide additional information, and the City is not responsible for any information provided by or obtained from any source other than the Request for Proposals Contact. It is the responsibility of the proponent to seek clarification from the Request for Proposals Contact on any matter it considers to be unclear. The City is not responsible for any misunderstanding on the part of the proponent concerning this Request for Proposals or its process. 3.2.2 All New Information to Proponents by Way of Addenda This Request for Proposals may be amended only by addendum in accordance with this section. If the City, for any reason, determines that it is necessary to provide additional information relating to this Request for Proposals, such information will be communicated to all proponents by addendum. Each addendum forms an integral part of this Request for Proposals and may contain important information, including significant changes to this Request for Proposals. Proponents are responsible for obtaining all addenda issued by the City. In the Submission Form (Appendix B), proponents should confirm their receipt of all addenda by setting out the number of each addendum in the space provided. 3.2.3 Post-Deadline Addenda and Extension of Submission Deadline If the City determines that it is necessary to issue an addendum after the Deadline for Issuing Addenda, the City may extend the Submission Deadline for a reasonable period of time. 3.2.4 Verify, Clarify and Supplement When evaluating proposals, the City may request further information from the proponent or third parties in order to verify, clarify or supplement the information provided in the proponent’s proposal, including but not limited to clarification with respect to whether a proposal meets the mandatory technical requirements set out in Section C of the Request for Proposals Particulars (Appendix D). The City may revisit and re-evaluate the proponent’s response or ranking on the basis of any such information. Page 9 of 42 - 87 - RFP2021-8 Economic Development Strategy 3.3 Notification and Debriefing 3.3.1 Notification to Other Proponents Once an agreement is executed by the City and a proponent, the other proponents will be notified of the outcome of the procurement process. 3.3.2 Debriefing Proponents may request a debriefing after receipt of a notification of the outcome of the procurement process. All requests must be in writing to the Request for Proposals Contact and must be made within sixty (60) days of such notification. The intent of the debriefing information session is to aid the proponent in presenting a better proposal in subsequent procurement opportunities. Any debriefing provided is not for the purpose of providing an opportunity to challenge the procurement process or its outcome. 3.4 Conflict of Interest and Prohibited Conduct 3.4.1 Conflict of Interest The City may disqualify a proponent for any conduct, situation or circumstances, determined by the City, in its sole and absolute discretion, to constitute a Conflict of Interest, as defined in the Submission Form (Appendix B). 3.4.2 Disqualification for Prohibited Conduct The City may disqualify a proponent, rescind an invitation to negotiate or terminate a contract subsequently entered into if the City determines that the proponent has engaged in any conduct prohibited by this Request for Proposals. 3.4.3 Prohibited Proponent Communications Proponents must not engage in any communications that could constitute a Conflict of Interest and should take note of the Conflict of Interest declaration set out in the Submission Form (Appendix B). 3.4.4 Proponent Not to Communicate with Media Proponents must not at any time directly or indirectly communicate with the media in relation to this Request for Proposals or any agreement entered into pursuant to this Request for Proposals without first obtaining the written permission of the Request for Proposals Contact. 3.4.5 No Lobbying Proponents must not, in relation to this Request for Proposals or the evaluation and selection process, engage directly or indirectly in any form of political or other lobbying whatsoever to influence the selection of the successful proponent(s). 3.4.6 Illegal or Unethical Conduct Proponents must not engage in any illegal business practices, including activities such as bid-rigging, price-fixing, bribery, fraud, coercion or collusion. Proponents must not engage in any unethical conduct, including lobbying, as described above, or other Page 10 of 42 - 88 - RFP2021-8 Economic Development Strategy inappropriate communications; offering gifts to any employees, officers, agents, elected or appointed officials or other representatives of the City; deceitfulness; submitting proposals containing misrepresentations or other misleading or inaccurate information; or any other conduct that compromises or may be seen to compromise the competitive process provided for in this Request for Proposals. 3.4.7 Past Performance or Past Conduct The City may prohibit a supplier from participating in a procurement process based on past performance or based on inappropriate conduct in a prior procu rement process, including but not limited to the following: (a) illegal or unethical conduct as described above; (b) the refusal of the supplier to honour its submitted pricing or other commitments; or (c) any conduct, situation or circumstance determined by the City, in its sole and absolute discretion, to have constituted an undisclosed Conflict of Interest. 3.5 Confidential Information 3.5.1 Confidential Information of the City All information provided by or obtained from the City in any form in connection with this Request for Proposals either before or after the issuance of this Request for Proposals (a) is the sole property of the City and must be treated as confidential; (b) is not to be used for any purpose other than replying to this Request for Proposals and the performance of any subsequent contract for the Deliverables; (c) must not be disclosed without prior written authorization from the City; and (d) must be returned by the proponent to the City immediately upon the request of the City. 3.5.2 Confidential Information of Proponent A proponent should identify any information in its proposal or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the City. The confidentiality of such information will be maintained by the City, except as otherwise required by law or by order of a court or tribunal. Proponents are advised that their proposals will, as necessary, be disclosed, on a confidential basis, to advisers retained by the City to advise or assist with the Request for Proposals process, including the evaluation of proposals. If a proponent has any questions about the collection and use of personal information pursuant to this Request for Proposals, questions are to be submitted to the Request for Proposals Contact. Page 11 of 42 - 89 - RFP2021-8 Economic Development Strategy 3.6 Procurement Process Non-binding 3.6.1 No Contract A and No Claims This procurement process is not intended to create and will not create a formal, legally binding bidding process and will instead be governed by the law applicable to direct commercial negotiations. For greater certainty and withoutlimitation: 1. this Request for Proposals will not give rise to any Contract A–based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; and 2. neither the proponent nor the City will have the right to make any claims (in contract, tort, or otherwise) against the other with respect to the award of a contract, failure to award a contract or failure to honour a proposal submitted in response to this Request for Proposals. 3.6.2 No Contract until Execution of Written Agreement This Request for Proposals process is intended to identify prospective suppliers for the purposes of negotiating potential agreements. No legal relationship or obligation regarding the procurement of any good or service will be created between the proponent and the City by this Request for Proposals process until the successful negotiation and execution of a written agreement for the acquisition of such goods and/or services. 3.6.3 Non-binding Price Estimates While the pricing information provided in proposals will be non -binding prior to the execution of a written agreement, such information will be assessed during the evaluation of the proposals and the ranking of the proponents. Any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact any such evaluation or ranking or the decision of the City to enter into an agreement for the Deliverables. 3.6.4 Cancellation The City may cancel or amend the Request for Proposals process without liability at any time. 3.7 Governing Law and Interpretation These Terms and Conditions of the Request for Proposals Process (Part 3): (a) are intended to be interpreted broadly and independently (with no particular provision intended to limit the scope of any other provision); (b) are non-exhaustive and will not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations; and Page 12 of 42 - 90 - RFP2021-8 Economic Development Strategy (c) are to be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. [End of Part 3] Page 13 of 42 - 91 - RFP2021-8 Economic Development Strategy Appendix A – Form of Agreement Page 14 of 42 - 92 - RFP2021-8 Economic Development Strategy Appendix B – Submission Form 1. Proponent Information Please fill out the following form, naming one person to be the proponent’s contact for the Request for Proposals process and for any clarifications or communication that might be necessary. Full Legal Name of Proponent: Any Other Relevant Name under which Proponent Carries on Business: Street Address: City, Province/State: Postal Code: Phone Number: Fax Number: Company Website (if any): Proponent Contact Name and Title: Proponent Contact Phone: Proponent Contact Fax: Proponent Contact Email: 2. Acknowledgment of Non-binding Procurement Process The Proponent acknowledges that the Request for Proposals process will be governed by the terms and conditions of the Request for Proposals, and that, among other things, such terms and conditions confirm that this procurement process does not constitute a formal, legally binding bidding process (and for greater certainty, does not give rise to a Contract A bidding process contract), and that no legal relationship or obligation regarding the procurement of any good or service will be created between the City and the proponent unless and until the City and the proponent execute a written agreement for the Deliverables. 3. Ability to Provide Deliverables The Proponent has carefully examined the Request for Proposals documents and has a clear and comprehensive knowledge of the Deliverables required. The Proponent represents and warrants its ability to provide the Deliverables in accordance with the requirements of the Request for Proposals for the rates set out in the completed Pricing Form (Appendix C). Page 15 of 42 - 93 - RFP2021-8 Economic Development Strategy 4. Non-binding Pricing The Proponent has submitted its pricing in accordance with the instructions in the Request for Proposals and in the Pricing Form (Appendix C). The Proponent confirms that the pricing information provided is accurate. The Proponent acknowledges that any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact the acceptance of its proposal or its eligibility for future work. 5. Addenda The Proponent is deemed to have read and accepted all addenda issued by the City prior to the Deadline for Issuing Addenda. The onus is on Proponent to make any necessary amendments to their bid based on the addenda. The Proponent is requested to confirm that it has received all addenda by listing the addenda numbers, or if no addenda were issued by writing the word “None”, on the following line: ____________________________. 6. No Prohibited Conduct The Proponent declares that it has not engaged in any conduct prohibited by this Request for Proposals. 7. Conflict of Interest For the purposes of this Request for Proposals, the term “Conflict of Interest” includes, but is not limited to, any situation or circumstance where: (a) in relation to the Request for Proposals process, the Proponent has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the City in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the Request for Proposals process (including but not limited to the lobbying of decision makers involved in the Request for Proposals process), or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive Request for Proposals process or render that process non-competitive or unfair; or (b) in relation to the performance of its contractual obligations under a contract for the Deliverables, the Proponent’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations. For the purposes of section (a)(i) above, the Proponent should disclose the names and all pertinent details of all individuals (employees, ad visers, or individuals acting in any other capacity) who (a) participated in the preparation of the proposal; and (b) were employees of the City, twopointO partners inc., Cusham &Wakefield Asset Services or Page 16 of 42 - 94 - RFP2021-8 Economic Development Strategy their subsidiaries and affiliated companies within twelve (12) months prior to the Submission Deadline. If the box below is left blank, the Proponent will be deemed to declare that (a) there was no Conflict of Interest in preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the Request for Proposals. Otherwise, if the statement below applies, check the box. The Proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the Proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the Request for Proposals. If the Proponent declares an actual or potential Conflict of Interest by marking t he box above, the proponent must set out below details of the actual or potential Conflict of Interest: 8. Disclosure of Information The Proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or by order of a court or tribunal. The Proponent hereby consents to the disclosure, on a confidential basis, of this proposal by the City to the advisers retained by the City to advise or assist with the Request for Proposals process, including with respect to the evaluation this proposal. Signature of Witness Signature of Proponent Representative Name of Witness Name of Proponent Representative Title of Proponent Representative Date I have the authority to bind the Proponent. Page 17 of 42 - 95 - RFP2021-8 Economic Development Strategy Appendix C – Pricing Form 1. Instructions on How to Complete Pricing Form (a) Rates must be provided in Canadian funds, inclusive of all applicable duties and taxes except for Harmonized Sales Tax, which should be itemized separately. (b) Rates quoted by the proponent must be all-inclusive and must include, but not be limitd to, items such as: all labour and material costs, all travel and carriage costs, all insurance costs, all costs of delivery, all costs of installation and set-up, including any pre-delivery inspection charges, and all other overhead, including any fees or other charges required by law. 2. Evaluation of Pricing Pricing is worth 15 points of the total score. Pricing will be scored based on a relative pricing formula using the rates set out in the Pricing Form. Each proponent will receive a percentage of the total possible points allocated to price, which will be calculated in accordance with the following formula: lowest price ÷ proponent ′s price × weighting = proponent ′s pricing points Proponents shall complete the following pricing table, including all disbu rsements and travel: Page 18 of 42 - 96 - RFP2021-8 Economic Development Strategy Pricing Table #1 – Description of Work Unit Price Extension Phase 1: Stakeholder Engagement $ Phase 2: Market analysis $ Phase 3: Economic Development Strategy $ Phase 4: Council Report and Presentation $ Bi-Weekly Progress Meetings (12 Meetings) $ $ Subtotal $* HST (13%) $ Total $ * This value will be used for evaluation. Page 19 of 42 - 97 - RFP2021-8 Economic Development Strategy Pricing Table #2 – Professional Fees Proponents to provide hourly rates for work provided outside of the lump sum included above: Position Title Hourly Rate $ $ $ $ $ $ Pricing Table #3 – Additional Activities Activity Unit Cost $ $ $ $ $ $ $ $ Pricing Tables #2 and #3 are not a consideration of award. Page 20 of 42 - 98 - RFP2021-8 Economic Development Strategy Appendix D -Proposal Particulars A.The Deliverables Background Situated along the western edge of Durham Region, Pickering borders the City of Toronto, Markham, and Rouge National Park, as well as touches the lakefront of Lake Ontario. With an emerging downtown and exciting opportunities for growth in the northern areas of the city, Pickering is steeped with natural beauty, while offering modern amenities and conveniences. City of Pickering offers residents a high quality of life along with employment opportunities from a diverse range of employers. With an estimated population of over 95,000 people and 35,000 jobs, Pickering is projected to grow to 190,000 people by 2031. Pickering is also home to a variety of national and international companies. Key sectors for the City include EN3 (energy, engineering and environment), advanced manufacturing, and logistics. Through Pickering’s proximity to Toronto and York, businesses and residents have access to a large market within its commuter shed. Competitive business tax rates, vibrant business infrastructure and a healthy, growing economy make the City a leader for future investment. Pickering has an outstanding inventory of lands to choose from, and a diverse, innovative and educated workforce. The City is centrally located in proximity to some of the largest post-secondary education institutions in the province and within Canada's largest labour market of over 6 million people with an hour commute. Pickering is served locally by 5 Universities and 6 Colleges, including University of Toronto and Ontario Tech University. Durham College delivers over 130 market driven programs and is home to the Skills Training Centre and the Mixed Reality Capture Studio. Pickering is located at the heart of Canada’s largest labour and business market. Served by an integrated transportation network, Pickering provides time-saving access to major markets across North America. Five US border crossings are less than a day’s journey from Pickering. The City offers excellent access to an integrated transportation network of high capacity roads, railways, a seaport and proximity to 3 airports. High speed telecommunication systems keep our businesses connected to the global economy. Pickering is in major transition with new growth targets set for our City Centre where an iconic, enclosed pedestrian bridge connects commuters into the hub of our business centre. Along with the redevelopment of Kingston Road, Pickering’s downtown core will be revitalized. The new community of Seaton has shovels in the ground, as we get set to welcome 70,000 new residents and 35,000 new jobs. Additionally, the Pickering Innovation Corridor boasts 800 acres of greenfield, prestige employment land. Strategically located along a limited access transportation route, these lands are directly adjacent to the site of the anticipated Pickering Airport. Furthermore, the planning for decommissioning of the Pickering Nuclear Generating Station is underway, bringing international opportunities. Page 21 of 42 - 99 - RFP2021-8 Economic Development Strategy Residents and businesses alike applaud the cultural diversity enjoyed in Pickering. Pickering is home to urban markets, while offering the peace and quiet of the countryside just minutes away. Whether it is nature trails, sports and entertainment, shopping or restaurants, or a vibrant waterfront, Pickering has something for everyone. Scope of Work The overall responsibility and scope of work for the consultant is to prepare an actionable and measurable Economic Development Strategy (“the strategy”) for the City of Pickering containing goals, objectives, and implementation actions with financial implications. The consultant will also provide facilitation services during the public outreach and stakeholder engagement process. The consultant, with the support from staff, Council and stakeholders as applicable, shall develop a strategic roadmap to:  Build and sustain collaborative partnerships with all entities involved in improving the City’s economy, workforce development and business expansion, attraction and retention.  Further develop the community development brand.  Include initiatives to support Covid-19 small business recovery.  Sector development and support activities. o Identify sector development activities and support for priority industries: manufacturing, logistics, health care, food/ agriculture and professional services. o Develop framework to create/support a small business and entrepreneurship centre in collaboration with community stakeholders. o Identify economic opportunities related to Federal Pickering Lands. o Identify marketing and social media engagement opportunities  Undertake a Business Retention & Expansion study and Business Investment and Attraction study as part of the overall Economic Development Strategy.  Identify marketing opportunities for Pickering’s shovel ready land inventory. Phase 1: Stakeholder Enagagement Develop and complete a stakeholder engagement and consultation exercise in developing the strategy that must include stakeholder interviews, and online community survey. General engagement will take place through the Let’s Talk Pickering website. Interviews will be required with relevant staff, management, Council, partnership agencies (Ajax-Pickering Board of Trade, Infrastructure Ontario, Region of Durham Economic Development, Toronto Global), and select businesses. Phase 2: Conduct a market analysis Identify, review and analyze existing Pickering demographic and socioeconomic data, studies, surveys, labour force characteristics and other key economic data. Additionally, identify key demographic and employment trends and forecasts, social factors, economic factors and financial indicators. This task should include preparation of Page 22 of 42 - 100 - RFP2021-8 Economic Development Strategy market study of the City’s commercial and industrial sectors and a community profile. Furthermore, understand the role and performance relative to the Greater Toronto Area. Identify the communities’ assets and competitive advantages, with proposed activities and programs to incorporate these assets and advantages into an overall Economic Development Strategy. This task should include a Strengths, Weaknesses, Opportunities and Threats (SWOT) or SWOT-style analysis of the City of Pickering. Review and analyze local by-laws, policies, processes and regulations providing recommendations on making adjustments, where necessary and appropriate, to support sustainable economic growth and diversification (including but not limited to zoning in employment lands and review of development charges). Investigate potential partnerships (private and public) and in particular the role of Provincial and Federal governments and related advoca cy. Phase 3: Economic Development Strategy Prepare an initial draft and a final version of the Economic Development Strategy setting forth strategic goals and objectives to take advantage of the opportunities within and surrounding the City of Pickering. These strategic goals and priorities must be clearly defined supported by measurable action plans to include objective, action item(s), timeline, lead, partners, measurement for success and financial implications. The action plan should include implementation actions ranking from low to high priority with financial implications for each. Additionally, goals and objectives must be specific, measurable, attainable, relevant, and time -based. a. Propose a phased strategy for addressing investment attraction, expansion and retention with an action plan centering on effective lead generation; business development; and execution during the near -term and longer term; b. Advise what needs to be done, and gauge what realistically can be done to strengthen competitiveness through coordinated strategy; and c. Should include mandates for Pickering partners for joint or collaborative Economic Development activities and for independent Economic Development activities. The Consultant will submit a draft Economic Development Strategy report to the City by or before February 1, 2022 for review by the Economic Development and Strategic Initiatives Department and will make appropriate changes as a result of input from attendees. Should a second draft be required, it will be at the cost of the consultant unless otherwise agreed to by the City. The Consultant will submit ten bound copies of the final Economic Development Strategy and an electronic version in PDF and Microsoft Word format to the City by or Page 23 of 42 - 101 - RFP2021-8 Economic Development Strategy before May 2022 along with all invoices. In addition, an executive summary of the final report in electronic version will also be submitted. Additional Goals The Economic Development Strategy should have the following general goals: 1. Ensure a strategy for supporting the expansion of existing industry/businesses, attraction of new industry/businesses is included within the project scope. 2. Develop realistic and results-oriented indicators and performance criteria and process for collecting and reporting results on progress against key goal, objectives and targets. 3. Position the City of Pickering to effectively compete and anticipate future development needs. 4. Increase the City’s revenues to support needed services. Phase 4: Council Report and Presentation The vendor will provide an informational report and presentation to Council outlining the process to date, the overall guiding goals and objectives for the Economic Development Strategy. The purpose of this task is also to answer any questions members of Council may have regarding the study process and recommendations. Page 24 of 42 - 102 - RFP2021-8 Economic Development Strategy Anticipated Project Schedule Draft Report: February 1, 2022 Final Report: May 1, 2022 Consultant Responsibilities a) The Consultant shall assist City staff at meeting of Council or Committees of Council to present or discuss the study’s key findings and recommendations at the completion of the strategy. b) Any documents provided such as a presentation of the study findings or final report to Council, must be made available in an accessible format compliant with Provincial legislation (AODA) and standards. Studies, reports, plans and presentations that will be published on the City of Pickering website must be provided to the City in an accessible format compatible to Adobe Acrobat XI or higher. All contractors performing work for the City must comply with the Accessibility for Ontarians With Disabilities Act, 2005 (“AODA”), in particular the Integrated Accessibility Standards, O. Reg. 191/11. Unless determined by the City to not be practicable, contractors shall ensure that any information, products, deliverables and/or communications (as defined in the Integrated Regulation) produced pursuant to a contract shall be in conformity with World Wide Web Consortium Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and shall be provided in accessible Word, Excel, PowerPoint, PDF etc. Visit ontario.ca for rules on how to comply. Materials produced must comply with the City’s Creating Accessible Documents Procedure. c) Consultant shall attend progress meetings with Economic Development staff on a bi-weekly basis. Proponents to include 12 meetings in their submitted pricing. d) The Consultant shall be responsible for recording, typing and distributing minutes of any meetings, including but not limited to stakeholder engagement meetings and progress update meetings. e) The Consultant shall provide a detailed work program, schedule and fees as part of the response to this RFP. Page 25 of 42 - 103 - RFP2021-8 Economic Development Strategy B. Material Disclosures The material disclosures that apply to this Request for Proposals, if any, are set out below. Not applicable for this RFP. The pre-conditions of award that apply to this Request for Proposals are set out below. 1. The Proponent agrees to provide to the City for review after closing: (a) a copy of the City’s Health & Safety Regulations form currently dated and signed; (b) a certificate of insurance completed by the Company’s agent, broker or insurer; and (c) such further information as the City may require, as requested in writing. Items (a) and (b) do not have to be submitted with the proposal. Documentation (a) and (b) shall be provided within three (3) business days of written request by the City. The City’s findings shall be used to serve the best interests of the Corporation of the City of Pickering. C. Mandatory Technical Requirements The mandatory technical requirements that apply to this Request for Proposals, if any, are set out below. Not applicable fo this RFP. Page 26 of 42 - 104 - RFP2021-8 Economic Development Strategy D. Rated Criteria The following is an overview of the categories and weighting for the rated criteria of the Request for Proposals. Proponents who do not meet a minimum threshold score for a category will not proceed to the next stage of the evaluation process. Rated Criteria Category Weighting (Points) D.1 Company Experience and Qualifications 15 points D.2 Proposed Team Experience and Qualifications 25 points D.3 Methodology & Delivery 30 points D.4 Project Organization and Governance 15 points Total Rated Criteria Points 85 D.5 Pricing 15 points Total Rated Criteria Points 100 D.6. References Pass/Fail D.7 Presentation (Up to 3 Proponents, if required) 25 points Total Points 125 points Suggested Proposal Content for the Evaluation of Rated Criteria D.1 Company Experience and Qualifications Each proponent should provide the following in its proposal: (a) a brief description of the proponent; (b) a description of the goods and services the proponent has previously delivered and/or is currently delivering, with an emphasis on experience relevant to the Deliverables; (c) the roles and responsibilities of the proponent and any of its agents, employees and sub-contractors who will be involved in providing the Deliverables, together with the identity of those who will be performing those roles and their relevant respective expertise; and (d) a description of how the proponent will provide the Deliverables, which should include a work plan and incorporate an organizational chart indicating how the proponent intends to structure its working relationship with the City. D.2 Proposed Team Experience and Qualifications It is important that the Work be provided by a staff team that can demonstrate knowledge of, and experience in providing similar services for projects of comparable Page 27 of 42 - 105 - RFP2021-8 Economic Development Strategy nature, size and scope. In particular, the Proponent should provide an overview of the key personnel who would be primarily involved in the project and include the following: a) The name, title, past work experience, resume of the Project Leader; b) Condensed resumes and professional credentials of each individual on the Project Team that highlights their education, training, and work history; c) The respective roles of the team members and their current office locations. Team members named in this RFP cannot be replaced without written approval from the City of Pickering and the Project Manager d) Schedule that aligns with the milestones identified in this RFP; and e) Organizational chart that clearly defines the chain of command for each individual with the team. D.3 Methodology & Delivery The Proposal shall include information that provides: a) Information that the Proponent understands the objectives and requirements of this project; b) Identification of “value-added” services brought by the Proponent; c) Stakeholder Engagement Program; d) An indication of how soon the Proponent can commence the work; e) A detailed work plan indicating the method, tasks, deliverables; f) A schedule that identifies Work phases (by Gantt Chart or other similar illustration) including key dates for major deliverables (draft report, final report) in the Proponent’s detailed work plan; g) Proposed staffing roles and the amount of time, shown in hours, they will be dedicated to this project; and h) State the assumptions regarding the roles and involvement of the City staff . D. 4 Project Organization and Governance The Proponent should provide suggestions in the proposal on project governance, which at a minimum must include:  Stakeholder engagement  Participating and collaborating with steering committee  Outline milestones of the study  Proposed work schedule including delivery of report and presentations to Economic Development Services D. 5 Pricing Proponents shall refer to Appendix C for pricing requirements and evaluation. D.6 References Page 28 of 42 - 106 - RFP2021-8 Economic Development Strategy Each proponent is requested to provide three (3) references from clients who have obtained goods or services with similar scope and value to those requested in this Request for Proposals from the proponent in the last 5 years. D. 7 Presentation Up to a maximum of three of the top-ranked Proponents may be selected to present an overview of their Proposal to the City followed by a question period at a mutually agreeable date/time at City of Pickering, City Hall. The presentation should address a brief overview of the proponents RFP submission, highlighting community engagement techniques, an overview of the Gantt chart, and any value-added services available. The City reserves the right to ask follow-up questions regarding a Proponent’s RFP submission or presentation. Page 29 of 42 - 107 - RFP2021-8 Economic Development Strategy Amendments to City of Pickering Standard Quotation Terms and Conditions The following terms are in addition to the City’s Standard Quotation Terms and Conditions attached herein. Pursuant to Standard Quotation Terms and Conditions, Item 16 - Insurance: The Company shall maintain and pay for Comprehensive General Liability Insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than five million ($5,000,000.00) dollars inclusive per occurrence; an automobile insurance under a standard automobile policy with limits no less than two million ($2,000,000) per occurrence in respect of each Company owned or leased licensed vehicle; and a Professional Liability with limits no less than five million ($5,000,000) per occurrence. (a) The policy shall include The Corporation of the City of Pickering, as additional insured without subrogation in respect of all operations performed by or on behalf of the Company. (b) The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. (c) If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $5,000,000.00 for Comprehensive General Liability Insurance, and $2,000,000.00 dollars for automotive liability insurance at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. (d) At the request of the City, the Company is to provide proof that all premiums on policy(ies) have been paid. (e) The Certificate of Insurance “form” does not have to be included with the quotation submission. Page 30 of 42 - 108 - RFP2021-8 Economic Development Strategy City Of Pickering Standard Quotation Terms and Conditions 1. Definitions City -The Corporation of the City of Pickering, its successors and assigns. Company -The person, firm or corporation to whom the City has awarded the Contract, its successors and assigns. Contract -The purchase order authorizing the Company to do the work, the quotation, the bonds or security (if any), the Company's quotation and change notices, appendices, and addenda (if any). Subcontractor -A person, firm or corporation having a Contract with the Company for any part of the work. Quotation Document -The documents issued by the City in response to which quotations are invited for the performance of Work. Work -All labour, materials, products, supplies, goods, articles, equipment, fixtures, services, acts, required to be done, furnished or performed by the Company, which are the subject of the Contract. 2. Contract Documents and Order of Precedence The contract documents shall consist of the purchase order; and the Company's quotation accepted by the City. The documents and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. Amendments to the Contract, in the form of purchase order alterations, shall take precedence over the documents or portions thereof amended thereby. Purchase order alterations, appendices and addenda to any contract document shall be considered part of such document. The intent of the contract is that the Company shall supply work complete for a particular purpose, be fit and suitable for the City's intended use. None of the conditions contained in the Company’s standard or general conditions of sale shall be of any 'effect unless explicitly agreed to by the City and set forth in the purchase order or specifically referred to therein. The Contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. Page 31 of 42 - 109 - RFP2021-8 Economic Development Strategy 3. Delivery Unless otherwise stated, the Work specified or called for in or under the quotation shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefore. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles, or equipment, shall accompany each delivery thereof. A receiver's receipt shall not bind the City to accept the Work, covered thereby, or the particulars of the delivery ticket or piece tally therefore. Unless otherwise stated, all work pursuant to a purchase order based on the quotation, shall be subject to inspection by the City at the point of unloading, or the site of work or service. The Company shall be responsible for arranging the Work so that completion shall be as specified in the Contract. 4. Pricing Requirement Prices shall be in Canadian Funds, quoted separately for each item stipulated, F.O.B. destination. Prices shall all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the quotation. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Payment shall be full compensation for all costs related to the Work, including operating and overhead costs to provide work to the satisfaction of the City. All prices quoted shall include applicable customs duty, excise tax, freight, insurance and all other charges of every kind attribu table to the work. Harmonized Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Company intends to manufacture or fabricate any part of the Work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for custom purposes. Should any additional tax or duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario or any increase or decrease in the rate of foreign exchange become directly applicable to goods, material, articles or equipment specified or called for in this quotation subsequent to its submission by the Company and before the delivery of goods, material, Page 32 of 42 - 110 - RFP2021-8 Economic Development Strategy articles or equipment or the completion of the work or services covered thereby, pursuant to a purchase order issued by the City, the appropriate increase or decrease in the price of such goods, material, articles or equipment, shall be made to compensate for such changes as of the effective date thereof. 5. Terms of Payment Payments made hereunder, including final payment, shall not relieve the Company from its obligations or liabilities under the Contract. Acceptance by the Company of the final payment shall constitute a waiver of claims by the Company against the City, except those previously made in writing in accordance with the Contract and still unsettled. The City shall have the right to withhold from any sum otherwise payable to the Company such amount as may be sufficient to remedy any defect or deficiency in the Work, pending correction of it. Invoices shall be forwarded via mail to: The Corporation of the City of Pickering Attn: Accounts Payable Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 or via email to: accountspayable@pickering.ca 6. Patents and Copyrights The Company shall, at its expense, defend all claims, actions or proceedings against the City based on any allegations that the Work or any part of the Work constitutes an infringement or any patent, copyright or other proprietary right, and shall pay to the City all costs, damages, charges and expenses, including it s lawyer’s fees on a solicitor and his own client basis occasioned to the City by reason thereof. The Company shall pay all royalties and patent licence required for the Work. If the Work or any part thereof is action or proceeding held to constitute an infringement, the Company shall forthwith either secure for the City the right to continue using the Work of shall at the Company’s expense, replace the infringing Work with non-infringing work or modify it so that the Work no longer infringes. Quotations for equivalents may be considered but the mark or brand thereof must be specified. Page 33 of 42 - 111 - RFP2021-8 Economic Development Strategy 7. Assignment The Company shall not assign the Contract or any portion thereof without the prior written consent of the City. 8. Laws and Regulations The Company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The Company shall be responsible for ensuring similar compliance by its suppliers and Subcontractors. The Company shall comply with all Federal, Provincial and Municipal statutes, regulations and by-laws whether or not specified and/or shown on drawings, obtain all permits and notices as may be required for the work. The Company shall be responsible for ensuring similar compliance by its suppliers and Subcontractors. All fees, taxes, duties and other expenses related thereto shall be the responsibility of the Company. No additional costs to the City will be incurred as a result of such undertakings. 9. Correction of Defects If at any time prior to one year after the actual delivery date or completion of the Work, (or specified warranty/guarantee period if longer than one year) any part of the Work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the Contract, the Company upon request, shall make good every such defect, deficiency or failure without cost to the City. The Company shall pay all transportation costs for Work both ways between the Company’s factory or repair depot and the point of use. 10. Default by Company (a) If the Company commits any act of bankruptcy or if a receiver is appointed on account of its insolvency or in respect of any of its property, or if the Company makes a general assignment for the benefit of its creditors; then, in any such case, the City may without notice, terminate the Contract. (b) If the Company fails to comply with any request, instruction or order of the City, or fails to pay its accounts, or fails to comply with or persistently disregards statutes, regulations, by-laws or directives of relevant authorities relating to the Work, or fails to prosecute the Work with skill and diligence, or assigns or sublets the Contract or any portion thereof without the City’s prior written consent, or refuses to correct defective Work; or is Page 34 of 42 - 112 - RFP2021-8 Economic Development Strategy otherwise in carrying out its part of any of the terms, conditions and obligations of the Contract, then, in any such case, the City may, upon written notice to the Company, terminate the Contract. (c) Any termination of the Contract by the City, as aforesaid, shall be without prejudice to any other rights or remedies the City may have and without incurring any liability whatsoever in respect thereto. (d) If the City terminates the Contract, it is entitled to: i take possession of all Work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the Work by whatever means the City may deem appropriate under the circumstances: ii withhold any further payments to the Company until completion of the work and the expiry of all obligations under the Correction of Defects Section; iii Recover from the Company loss, damage and expense incurred by the City by reason of the Company’s default (which may be deducted from any monies due or becoming due to the Company any balance to be paid by the Company to the City). (e) City reserves the right to not consider a company for an indeterminate period of time who has been terminated by the City or has been deemed by the City to have provided unsatisfactory Work, goods, services, or health and safety practises in accordance with the City’s Purchasing Policy. (f) The City reserves full discretion as to when Work, goods or services are deemed to be unsatisfactory and exercising its rights related thereto without liability or settlement. 11. Contract Cancellation The City shall have the right to cancel any uncompleted or unperformed portion of the Work or part thereof, upon providing written notice to the Company. The City shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the Work. 12. Quantities Where quantities are shown as approximate, they are not guaranteed to be accurate and are furnished without any liability on behalf of the City and shall be used as a basis for comparison only. Page 35 of 42 - 113 - RFP2021-8 Economic Development Strategy Payment will be by the unit complete at the quoted rate on actual quantities deemed acceptable by the City. 13. Surety The Company shall, if the City in its absolute discretion so desires, be required to satisfy surety requirements by providing a deposit in the form of a certif ied cheque, bank draft or money order or other form of surety, in an amount determined by the City. This surety may be held by the City until 60 days after the day on which all Work covered by the Contract has been completed and accepted. This surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the Company in carrying out the Work have expired or have been satisfied, discharged or provided for and that a clearance certificate from the Workplace Safety & Insurance Board has been issued. Failure to furnish the surety within two weeks from date of request thereof by the City shall make the award of the Contract by the City subject to withdrawal. 14. Workplace Safety & Insurance All of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board. The bidder shall provide the City with a Clearance Certificate prior to final payment certifying all payments by the Company to the Board in conjunction with the subject Contract have been made and that the City will not be liable to the Board for future payments in connection with the Company’s completion of the project. A Company deemed to be an Independent Operator by the Workplace Safety & Insurance Board is to provide a copy of such letter to the City containing the Independent Operator identification number issued by the Board. An Independent Operator must be covered by WSIB optional insurance and provide proof of this coverage upon request. 15. Liability The Company agrees to at all times defend, fully indemnify and save harmless the City from all actions, suits, claims and demands, losses, costs, charges and expenses arising by reason of injury or death to any person or any property or charges brought or made against or incurred by the City from or relating to the Work performed or to be performed herein. Page 36 of 42 - 114 - RFP2021-8 Economic Development Strategy 16. Insurance Upon request by the City, the Company shall take out and keep in force a policy of liability insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as may be required), and not less than two million ($2,000,000.00) automotive liability insurance coverage. Certificate(s) of insurance shall be provided upon request by the City. (a) The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all operations performed by or on behalf of the Company, a certificate of insurance shall be completed by the Company’s agent, broker or insurer. (b) The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. (c) If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $2,000,000.00 and an automotive liability policy insuring the City in the amount of two million ($2,000,000) at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. 17. Unpaid Accounts The Company shall indemnify the City from all claims arising of the unpaid accounts relating to the Work. The City shall have the right at any time to require satisfactory evidence that the Work of which any payment has been made or is to be made by the City is free and clear of liens, attachments, claims, demands, charges or other encumbrances. 18. Suspension of Work The City may without invalidating the Contract, suspend performance by the Company from time to time of any port or the whole of the work for such reasonable time as the City may determine. The resumption and completion of the Work after the suspension shall be governed by the schedule established by the City. 19. Changes in the Work The City may, without invalidating the contract, direct th e Company to make changes to the Work. When the change causes the increase or decrease in the Work, the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease Page 37 of 42 - 115 - RFP2021-8 Economic Development Strategy 20. Accessibility Regulations for Contracted Services In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service Sect. 6, every provider of goods and services shall ensure that every person who deals with members of the public or participates in the developing of the service providers policies, practices and procedures governing the provision of goods and services to members of the public, shall be trained on the following: (a) How to interact and communicate with persons with various types of disability (b) How to interact with persons with disabilities who use assistive devices or require the assistance of a guide animal, or a support person; (c) How to use equipment that is available on the premises that may help in the provision of goods or services; (d) What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services; and Information on the policies, practices and procedures governing the provision of goods and services to people with disabilities. A Company dealing with members of the public on behalf of the City of Pickering or engaged in Work for the City must meet the requirements of Ontario Regulation 429/07 with regard to training. A document describing the training policy, a summary of the contents of the training and details of training dates and attendees will be requested within 2 to 3 days of the closing date and must be submitted to the City, generally within two (2) days from time of request. If not available, the on-line training module set up by the Ministry of Community Services and Social Services – Access Canada – http://www.mcss.gov.on.ca/mcss/serve-ability/splash.html shall be completed by the Company, who will need to be trained prior to any Work is undertaken for the City. At the end of the training module, Company to print the Certificate of Completion and provide it to the City as instructed. 21. Statement of Understanding The Company agrees the quotation it submitted was made without connection, knowledge, comparison of figures, or arrangements with any persons submitting a quotation and it is in all respect fair and without collusion or fraud. The Company agrees that no member of City Council or any officer of the Municipal Corporation is, shall be or become interested, directly or indirectly in, or in the performance of the contract, or in the business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived there from. Page 38 of 42 - 116 - RFP2021-8 Economic Development Strategy 22. Freedom of Information The Company acknowledges that any quote submitted shall become a record belonging to the City of Pickering and therefore is subject to the Municipal Freedom of Information and Protection of Privacy Act. This provincial law gives individuals, businesses and other organizations a legal right to request records held by the City, subject to specific limitations. The Company should be aware that it is possible that any records provided to the City, including but not limited to, pricing, technical specifications, drawings, plans, audio -visual materials or information about staff, parties to the bid or suppliers could be requested under this law. Records relating to the contract could possibly be released under MFIPPA. If the Company believes that all or part of the quote should be protected from release, the relevant parts should be clearly marked as confidential. Please note that this will not automatically protect the submission from release, but it will assist the City in making a determination on release if a request is made. The identity of all companies, as well as total prices, may be available to the public subject to the City’s Purchasing Policy. 23. Respect in the Workplace The Company shall ensure all employees undertaking the work of this contract are respectful to City employees and residents. City Policy No. HUR 070, Respect in the Workplace, is applicable to contractors, as identified in Section 05 of the Policy. Page 39 of 42 - 117 - RFP2021-8 Economic Development Strategy Appendix E – Reference Form Proponents must provide three (3) references from clients who have obtained similar goods or services to those requested in the RFP from the Proponent in the last five (5) years. Reference #1 Company Name: Company Address: Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: Reference #2 Company Name: Company Address: Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: Reference #3 Company Name: Company Address: Contact Name: Contact Telephone Number: Date Work Undertaken: Nature of Assignment: State the number of years your Company has been in business: ________ *Information received on this form and obtained from reference checks will be considered during evaluations and will be used to serve the best of interests of the City and no liability shall accrue to the City from such an undertaking and all decisions derived therefrom.* **A Reference Summary on This Page or Other Paper Stock Must Be Completed and Submitted With The Proposal** Page 40 of 42 - 118 - RFP2021-8 Economic Development Strategy Certificate of Insurance Proof of liability insurance will be accepted on this form. If a facsimile has been transmitted, the original certificate must follow. This form must be completed and signed by your insurance broker. This is to certify that the policy(ies) of insurance described below have been issued to the insured for the policy period indicated. Name of Insured: Street Address of Insured: Telephone Number of Insured: City Postal Code Location and Operations of Insured for which Certificate is issued: All Operations Performed For The City of Pickering Automobile Liability Insurance Insuring Company Policy Number(s) Amount of Coverage Effective Date Expiry Date D/M/Y D/M/Y Automobile liability insurance covering third party damage and bodily injury liability (including accident benefits) as may be required by applicable laws arising out of any vehicle owned in whole or in part and licensed in the name of the insured, including all vehicles leased on a long term basis, in connection with this contract. Professional Liability Insuring Company Policy Number(s) Amount of Coverage Effective Date Expiry Date D/M/Y D/M/Y Commercial General Liability Insuring Company Policy Number(s) Amount of Coverage Effective Date Expiry date D/M/Y D/M/Y Page 41 of 42 - 119 - RFP2021-8 Economic Development Strategy Commercial General Liability is extended to include Personal Injury Liability, Contractual Liability, Non-Owned Automobile Liability, Owner’s and Company’s Protective Coverage, Products-Completed Operations, Contingent Employer’s Liability, Cross Liability Clause and Severability of Interest Clause. With respect to the Commercial General Liability, The City of Pickering has been added as an Additional Insured without subrogation but only with respect to its interest in the operations of the named insured. The Commercial General Liability Policy(ies) identified above shall protect each insured in the same manner and to the same extend as though a separate policy has been issued to each, but nothing shall operate to increase the Limits of Liability as identified above beyond the amount or amounts for which the Company would be liable if there had been only one Insured. The policy(ies) identified above shall apply as primary insurance and not excess to any other insurance available to The Corporation of the City of Pickering. If cancelled or changed so as to reduce the coverage as outlined on this certificate, during the period of coverage as stated herein, thirty (30) days, prior written notice by registered mail will be given by the Insurer(s) to: The Corporation of the City of Pickering Corporate Services Department One The Esplanade Pickering, Ontario L1V 6K7 Phone: 905.420.4634 Fax: 905.420.5313 I certify that the insurance is in effect as stated in this certificate and that I have authorization to issue this certificate for and on behalf of the insurer(s). Date: Name, Address, Fax and Telephone Number of Insurance Broker: Signature of Authorized Representative or Official: Mailing Address of Insurance Broker: Print Name of above Authorized Representative or Official: ***This Information Does Not Have To Be Submitted With The Proposal*** Page 42 of 42 - 120 - Attachment #2 to Report CAO 07-21 Memo To: Marisa Carpino Director, Office of the CAO September 16, 2021 From: Lisa Chang Buyer, Supply & Services Copy: Administrative Assistant, Office of the CAO Manager, Supply & Services Subject: Proposal No. RFP2021-8 Economic Development Strategy Closing Date: September 15, 2021 at 12:00 pm -File: F-5300-001 Terms of Reference for Economic Development Strategy was advertised on the City’s website on August 20, 2021. Nine companies have submitted a proposal. CQNS is rejected in accordance with Invitation and Submission Instructions, item 1.5.1 and 1.5.2. Stage I – Mandatory Submission Requirements – determines which submissions satisfy all the mandatory submission requirements and provides Proponents the opportunity to rectify deficiencies. Three Proponents rectified deficiencies in their submission within the rectification period. Eight proposals proceed to Stage II – Evaluation. Proposals are attached for evaluation along with the evaluation criteria included in the RFP document. Each member of the evaluation committee shall independently review and score the submissions on the basis of the rated criteria outlined in Terms of Reference, Part 2, Item D – Rated Criteria and sign the evaluation form. Attachments: 1. Evaluation Form 2. Evaluation Criteria 3. Eight Proposals Evaluation committee members shall forward the completed evaluation forms to Lisa Chang. In accordance with Purchasing Procedures 14.02 Item 17, committee members’ scores for each Respondent will be totaled to establish an average score. A summary of average scores will be prepared by Supply & Services for review and discussion at a meeting set up for the evaluation committee, if required. Please direct all enquiries to Supply & Services. Respondents will be advised of the outcome when the contract has been awarded. If you require further information, please contact me, or a member of Supply & Services. LC - 121 - Attachment #3 to Report CAO 07-21 Memo To: Marisa Carpino Director, Office of the CAO October 15, 2021 From: Lisa Chang Buyer, Supply & Services Copy: Administrative Assistant, Office of the CAO Manager, Supply & Services Subject: Proposal No. RFP2021-8 Economic Development Strategy Closing Date: September 15, 2021 at 12:00 pm -File: F-5300-001 Further to memo dated September 16, 2021, eight proposals proceeded to Stage II evaluation. The Evaluation Committee, consisting of City Staff from Economic Development, conducted independent evaluations of the proposals. A summary of average scores is completed and a copy is attached. In accordance with Item 2.5 Stage IV – Ranking and Contract Negotiations, all scores from Stage II and Stage III have been added together, the proponents have been ranked based on their total scores, and may be selected to attend an interview in Stage IV. Interviews were conducted with the top three proponents. EBP US, Inc. is the highest ranking proponent in the amount of $77,389.04 plus HST. A budget of $100,000 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Part B. Material Disclosures, Item 1, as a pre-condition of award, the selected proponent, EBP US, Inc. will be required to provide the following documents for review: (a) A copy of the City’s Health and Safety Policy form currently dated and signed; (b) The City’s certificate of insurance or approved alternative form shall be completed by the Proponent’s agent, broker or insurer. Please advise if we are to proceed with this task. In accordance with Purchasing Policy Item 10.04, where written proposals are obtained by the Manager in accordance with procedures set out in Section 06 and funds are available in the approved budget: (c) An award over $50,000 is subject to the additional approval of Council. - 122 - Please include the following items in your Report to Council: 1. if Items (a) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 2. if Item (b) is acceptable to the Manager, Budgets & Internal Audit; 3. any past work experience with the highest ranking proponent EBP US, Inc. including work location; 4. the appropriate account number(s) to which this work is to be charged; 5. the budget amount(s) assigned thereto; 6. Treasurer’s confirmation of funding; 7. related departmental approvals; and 8. related comments specific to the project. Upon receiving Council’s approval, an approved requisition will be required to proceed. Do not disclose any information to enquiries during this time. The Proponents will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. lc attachments Page 2 of 2 - 123 - Report to Council Report Number: CAO 08-21 Date: November 22, 2021 From: Marisa Carpino Chief Administrative Officer Subject: Pickering Anti-Black Racism Taskforce Youth Open Mic Night -File: A-1440-001 Recommendation: 1.That Council authorize the Pickering Anti-Black Racism Taskforce to host a Youth Open Mic Night at West Shore Community Centre on Saturday, November 27, 2021 on terms and conditions satisfactory to the Director, Community Services and Chief Administrative Officer; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The Boards and Advisory Committees of Council Policy (ADM 040) requires that the Pickering Anti-Black Racism Taskforce (PABRT) seek Council approval to hold an event. Per section 16.07 of ADM 040, this report includes event details for a Youth Open Mic event on November 27, 2021 at West Shore Community Centre, including budget, number of staff required, name of event, date, and purpose of event. The purpose of this report is to seek Council’s endorsement of the proposed event. Financial Implications: Event organizers are responsible to coordinate and operate all aspects of their events including marketing, event organization and operation, setup, and cleanup according to the terms and conditions set out by the City of Pickering. Event organizers are also responsible for all costs associated with application fees including permit fees, table rentals, etc. and the costs associated with security as required by the City. The PABRT will utilize funds allocated to them in the approved 2021 Current Budget to cover expenditures related to this event. Expense Description Amount Facilitator/ Entertainment RISE & Shakkoi $3,500 Audio/visual equipment rental Speakers, microphones, lighting 1,200 Event set up supplies Table cloths 100 Registration & sanitation supplies Wristbands, tickets, masks, wipes, sanitizer 100 Promotional materials Posters, flyers, program 1,000 - 124 - CAO 08-21 November 22, 2021 Subject: Pickering Anti-Black Racism Taskforce Youth Open Mic Night Page 2 Expense Description Amount Food Pre-packaged meals from catering company 950 Contingency *for unexpected expenditures 1000 Total $ 7,850 Discussion: Per section 16.07 of the Boards and Advisory Committees of Council Policy (ADM 040), committees are required to “seek Council approval to hold an event and each request to Council must include the complete details of the event (e.g., budget, number of staff required, name of event, date, and purpose of event).” The Policy also requires that the proposed event is in accordance with the Terms of Reference and mandate of the group. As such, staff have prepared this report to provide relevant details around the event in order to secure Council approval and proceed with its timely development and execution. Event Details: The Pickering Anti-Black Racism Taskforce (PABRT) will host an open mic event in collaboration with Shakkoi, Pickering-based poet, author and self-expression coach, and R.I.S.E. (Reaching Intelligent Souls Everywhere), a grassroots organization dedicated to empowering Black youth. The Event will take place on Saturday, November 27. 2021 from 7- 10 pm at West Shore Community Centre. Led by the facilitation and curation expertise of R.I.S.E., local youth will be invited to perform and showcase their talents to a peer-based community audience. The event is the first of its kind in Durham Region and will be open to youth aged 16-25 years at West Shore Community Centre in Pickering. The event will be free to attend but require pre-registration via Eventbrite up to a maximum capacity of 150 people. The purpose of this event is to create a safe and inclusive platform for youth expression by showcasing local youth talent through a facilitated open mic format. Specifically, R.I.S.E.’s Edutainment methodology seeks to empower BIPOC (Black, Indigenous, People of Colour) youth to create meaningful art rooted in self-knowledge, self-reflection and self-expression. In doing so, the event also aims to support youth engagement and leadership, capacity building, resiliency, and overall community well-being. Given that such youth-focused open mic events are typically hosted in Toronto and are, therefore, less accessible to local youth in Durham Region, this event presents a unique opportunity for the PABRT and its Youth Subcommittee to promote local youth engagement in Pickering in accordance with their mandate, which identifies the following goals: •To identify barriers and areas of opportunity afforded to Black residents; •To identify and coordinate opportunities for stakeholder and community engagement; and, •To celebrate and promote the Black community and promote Black culture. The event is also aligned with the PABRT’s work plan regarding youth development, which specifies that the youth subcommittee will work with the community and civic engagement - 125 - CAO 08-21 November 22, 2021 Subject: Pickering Anti-Black Racism Taskforce Youth Open Mic Night Page 3 committee to promote the PABRT among youth stakeholders. This work plan was endorsed by Council at the September 27, 2021 meeting. City of Pickering staff from relevant departments support this event, in principle, subject to various event requirements being met by the PABRT during the event planning and execution process. The requirements include but are not limited to the following: •Permit for rental facility; •Rental of equipment and supplies; •Hiring of on-site security; •Pre-registration that does not exceed capacity; and •Other permit regulations (health regulations, COVID screening, proof of vaccination). At this time, staff are requesting Council authorization for the PABRT to host the Youth Open Mic Event at West Short Community Centre on November 27, 2021. Attachment: N/A Prepared By: Approved/Endorsed By: Jaclyn San Antonio Mark Guinto Senior Advisor, Equity, Diversity & Inclusion Division Head, Public Affairs & Corporate Communications JSA:jsa Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: Original Signed By: Original Signed By: - 126 - Report to Council Report Number: CLK 06-21 Date: November 22, 2021 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Vacancy in the Office of City Councillor, Ward 2 - Declaration of Vacancy and Method of Filling Vacancy - File: A-1440 Recommendation: 1. That Report CLK 06-21, pertaining to the vacancy in the Office of City Councillor, Ward 2 be received; 2. That pursuant to Section 262(1) of the Municipal Act, 2001, S.O. 2001, c. 25, the Council of The Corporation of the City of Pickering hereby declares the Office of City Councillor, Ward 2 to be vacant; 3. That Council directs the City Clerk to fill the vacancy for the Office of City Councillor, Ward 2 by way of Option ____, as outlined in Report CLK 06-21; and, 4. That the Clerk be given the authority to give effect thereto and provide for any process or procedures necessary to undertake the filling of the vacant seat. Executive Summary: Section 259(1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), provides that the office of a member of council becomes vacant for various reasons including the death of a member. Due to the unfortunate passing of Councillor Ian Cumming, on November 1, 2021, the seat for the Office of City Councillor, Ward 2 is now vacant. The Act provides specific provisions regarding vacancies on Council and prescribes processes that must be followed should such a vacancy occur. Section 262(1) of the Act states that if the office of a member of council becomes vacant under Section 259, Council shall, at its next meeting, declare the office to be vacant. The Act further states that if the vacancy occurs as a result of death, the declaration may be made at either of its next two meetings. This report is presented to Council so that the Office of City Councillor, Ward 2 may be officially declared vacant and a decision made on the method to fill the vacant seat. Financial Implications: There are no financial implications associated with declaring a seat on Council vacant, however, the associated financial implications, depending on the method selected to fill the seat, have been outlined with each option in the discussion section of Report CLK 06-21. - 127 - CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 2 Discussion: Section 263(1) of the Act states that a vacancy in the office of a member of council shall be filled by appointing a person who has consented to accept the office if appointed, or require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996. The Act further provides that the appointment to fill the vacancy or the passing of a By-law requiring a by-election, must occur within 60 days after the day a declaration of vacancy is made. Council is declaring the vacancy at its Meeting on November 22, 2021 and therefore, the 60 day deadline to either appoint an individual or pass a By-law to hold a by-election, is January 21, 2022. The only means under the Act that allow the municipality to not fill a vacancy is if the vacancy occurs within 90 days before voting day of a regular election. The next regular Municipal Election will be held on October 24, 2022, and therefore this provision does not apply in this circumstance. The Municipal Elections Act (MEA) sets out in detail the requirements to be met by candidates to hold office. A person may be nominated for an office only if they are qualified to hold that office under the Act that creates it, and they are not ineligible under any Act or otherwise prohibited by law to be nominated for or to hold the office. Further, to qualify to hold office on municipal council, the individual must meet the same criteria as an eligible voter and therefore must: • reside in the City of Pickering or be the owner or tenant of land there, or the spouse of such owner or tenant; • be a Canadian citizen; • be at least 18 years old; and, • not be prohibited from voting under the MEA or otherwise by law. Individuals being appointed to fill a vacancy must consent to accept the office before the appointment can take effect and would be required to complete a Consent of Nominee Application and Declaration of Qualification Form (refer to Attachment # 1). In contrast, candidates wishing to submit their nomination to run in a by-election would be required to complete the prescribed Nomination Forms and all other requirements under the MEA that would be required for a regular election. It should also be noted that if any candidates from the 2018 Municipal Election failed to file their financial statements in accordance with the Municipal Elections Act, until the next regular election has taken place, the candidate is ineligible to be elected or appointed to any office to which the Act applies. There were 2 candidates who did not file their financial statements for the 2018 Municipal election. Those individuals are highlighted in yellow on Attachment #2, 2018 Municipal Election Official Results Report. The individual appointed or elected to fill the City Councillor Ward 2 seat, would be in Office for the remainder of the Term of Council until November 14, 2022. The following outlines the options for filling the vacancy in accordance with the Municipal Act (the “Act”) and the Municipal Elections Act (MEA) and staff are seeking direction from Council as to which option they wish to exercise. - 128 - CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 3 Option A: Appointing a Person to Fill the Vacancy Appointing a person to fill a vacancy will have few financial implications to the City as the work would be absorbed in staff time and any communications necessary for the process would be handled through the City’s social media platforms, a dedicated webpage, and the Pickering News Advertiser Community Page. It should also be noted that there is no prescribed method under the Act or MEA for appointing an individual to fill a vacancy on Council, rather there are several options that could be exercised as follows: Option A1 – Appoint the Runner-Up from the last Regular Election: Council may wish to fill the vacant office by appointing the runner up from the last regular municipal election which occurred on October 22, 2018. The runner up for the Office of City Councillor, Ward 2 in the 2018 Municipal Election was Tanya Foster. The Official Election Results from the 2018 Municipal Election are included as Attachment #2 to this Report. Given the time that has lapsed since the 2018 Municipal Election, the City Clerk would need to verify that the runner-up is still qualified under the MEA to hold the Office, and that they would consent to the appointment. Once the City Clerk has been in contact with the runner-up, and their qualifications and consent have been obtained, a subsequent report would be provided to Council and the official appointment, through By-law, as well as the Oath of Office for the newly appointed Councillor would occur at that same Meeting. With this option, the following provides the approximate timelines to fill the seat: Event Date/Timelines Council chooses to appoint the Runner Up from the 2018 Municipal Election November 22, 2021 Clerk contacts runner-up and confirms eligibility and seeks consent from individual in writing Week of November 22nd Appointment of the individual by By-law and newly appointed Member takes Oath of Office Regular Meeting of Council December 13th Onboarding and orientation for newly appointed Member of Council December 14, 2021 to January 7, 2022 (specific dates and orientation material to be confirmed) The newly appointed member would be ready to take their seat at the December 13, 2021 Council Meeting once the Oath of Office has been taken. - 129 - CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 4 Option A2 – Appoint an Individual from the Public Council may wish to appoint an individual who is qualified to hold office under the MEA. Should Council wish to proceed with this option, Council would need to move into closed session to discuss the identifiable individuals they may wish to appoint. By a majority vote of Council, direction would be provided to the City Clerk to reach out to an individual to ascertain whether they qualify to hold office under the MEA and whether they would consent to the appointment. Once this has occurred, the City Clerk would report back to Council, and the qualifications and consent of the individual would be publicly provided and the official appointment, through By- law, as well as the Oath of Office for the newly appointed Councillor, would occur at that Meeting. With this option, the following provides the approximate timelines to fill the seat: Event Date/Timelines Identification of individual and direction to Clerk to verify their eligibility November 22, 2021 Clerk confirms eligibility and seeks consent from individual Week of November 22nd Appointment of the individual by By-law and newly appointed Member takes Oath of Office Regular Meeting of Council December 13th Onboarding and orientation for newly appointed Member of Council December 14, 2021 to January 7, 2022 (specific dates and orientation material to be confirmed) The newly appointed member would be ready to take their seat at the December 13, 2021 Council Meeting once the Oath of Office has been taken. Option A3 – Appoint an Individual from the Public by Soliciting Applications Council may wish to appoint an individual from the public by soliciting applications. This option would include advertisements and an open call for applications which would be placed on the City’s website, social media channels, as well as the Pickering News Advertiser Community Page. A detailed application process would be publicly outlined, including instructions and forms that would need to be submitted to the City Clerk. The application period would be open for three consecutive weeks. Once all applications were received, the City Clerk would verify that all applicants met the required criteria under the MEA, and would report back to Council at a Special Meeting to be called by the Mayor, where all applications and consent documentation would be publicly provided to Council to select an individual for appointment. At the Special Council Meeting, all verified applicants would be provided the opportunity to provide a five minute presentation to Council and each Member of Council would be permitted one question per applicant. An overview of the process is included in the draft Procedures for - 130 - CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 5 Appointment of City Councillor, Ward 2 included as Attachment #3 to this Report. Should Council direct the City Clerk to proceed with this option, and as the process unfolds, the Clerk will update the draft Procedures and will ensure these are communicated to Council and all individuals who submitted their application, so that everyone is aware of the process that will be followed at the Special Meeting. With this option, the following provides the approximate timelines to fill the seat: Event Date/Timelines Application Period November 25 to December 17, 2021 during regular office hours (8:30 am to 4:30 pm, Monday to Friday) Review of Applicants by City Clerk to confirm eligibility December 20 to 22 List of Certified Applicants along with applicable Forms released with Special Council Meeting Agenda Week of January 4 Special Council Meeting to Appoint Individual (By-law to appoint and Oath of Office included at this meeting to meet the January 21, 2022 deadline under the Municipal Act). Proposed for Week of January 10 Onboarding and orientation for newly appointed Member of Council January 17 to 21, 2022 (specific dates and orientation material to be confirmed) The newly appointed Member would be ready to take their seat at the January 24, 2022 Council Meeting. It should be noted that the solicitation of applications for the Office of City Councillor, Ward 2, would allow the runner-up from the 2018 Municipal Election or any other individual interested in holding the Office to apply. Aside from holding a by-election, an open call for appointment applications would be the most transparent process of appointing an individual to the Office of City Councillor, Ward 2. Due to the timing of the next regular election, and the plans currently underway in this regard, the following section outlines the timelines and particulars of holding a by-election and the associated impacts. Option B: Pass a By-law Requiring a By-Election be Held to Fill the Vacancy Should Council wish to fill the vacancy by holding a by-election, the Municipal Elections Act (MEA) makes several stipulations that should be considered. Nomination day for a by-election cannot be less than 30 days and not more than 60 days after the By-law to hold a by-election - 131 - CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 6 is passed. The Clerk is responsible for setting Nomination Day and the MEA states that voting day shall be 45 days after Nomination Day. In order to proceed with Option B, a By-law to hold a by-election would be required to be brought forward prior to January 21, 2022. Should Council direct that Option B be exercised to fill the vacant seat, the City Clerk would bring forward a By-law at the Regular Council Meeting of December 13, 2021 to give effect to holding a by-election. By-elections are essentially the same as holding a regular election only the timeframes are much shorter and in this case, would be held only within Ward 2. The MEA states that by- elections shall be conducted as far as possible in the same way as regular elections. This requirement would mean that the voting method, voting locations and appropriate staffing would all need to be put in place. As previously stated, the timeframes for a by-election are much shorter than those for a regular election. The following provides an example of the possible timeframes that could be in place for a by-election in order to meet the requirements of the Municipal Act and the Municipal Elections Act. Please note that the following dates have been selected to accommodate for the Christmas holiday season and the regular Committee/Council schedule for 2022. With this proposed timeline, the newly appointed Member would be ready to take their seat at the March 28, 2022 Council Meeting. Event Date/Timelines By-law passed to hold a by-election Regular Meeting of Council December 13th Nomination Period Commences December 14, 2021 and ends at 2:00 pm on January 31, 2022 Nomination Day January 31, 2022 Voting Day (45 days after Nomination Day as per the Municipal Elections Act) Monday, March 17, 2022 (Note: advance voting period would commence on March 13 and run until close of vote on March 17) Councillor-elect to take Oath of Office with City Clerk March 21, 2022 Onboarding and orientation for new Member of Council March 21 to 25, 2022 Should Council wish to proceed with a by-election, it is recommended that internet voting be utilized, as this was the same method of voting used in the 2018 Regular Election. Using the same voting method would create some efficiencies in that many of the forms and procedures utilized in 2018 could be used for the by-election. Council recently approved the RFP for Dominion Voting Services for the 2022 Municipal Election and Dominion was also the vendor used in 2018. Should a by-election be called, it is recommended that Dominion Voting Systems be the vendor to provide the internet voting - 132 - CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 7 services. It should be noted that telephone voting would not be utilized in the by-election as we have confirmed with Dominion Voting Services that this voting method is no longer offered. The estimated cost to hold a by-election for the Office of City Councillor, Ward 2, would be approximately $75,000.00 to $100,000.00, which would primarily consist of internet voting services, mailing of individual notification letters, advertising, rental of equipment and staffing for the voter assistance centres. Should a by-election be held, the funds required to administer the by-election would need to be replenished to make up for the shortfall in the Election Reserves for the administration of the 2022 Municipal Election. Given that it is less than a year until the next regular Municipal Election, and although arguably a by-election is the most democratic process to fill a vacancy, the impacts to the planning and administration already underway for the 2022 Municipal Election, as well as the associated costs of a by-election, holding a by-election is not the recommended option of staff at this time. The next Municipal Election will be held on October 24, 2022 and plans are already underway due to the magnitude of the administration of municipal elections. It should also be noted that a by-election would consume all of Legislative Services staff resources and will impact preparations for the 2022 Municipal Election as well as other projects and regular operations of the Division. The above options are available to Council as a means to fill the vacancy for the Office of City Councillor, Ward 2. Staff are seeking direction from Council as to which method is to be used to fill the vacant seat for the Office of City Councillor, Ward 2. Attachments: 1.Consent of Nominee Application and Declaration of Qualification Form 2.2018 Municipal Election Official Results Report 3. Procedures for Appointment of City Councillor, Ward 2 (Soliciting Applications) Prepared By: Approved/Endorsed By: Susan Cassel Paul Bigioni City Clerk Director, Corporate Services & City Solicitor SC:sc Original Signed By:Original Signed By: - 133 - CLK 06-21 November 22, 2021 Subject: Vacancy of the Office of City Councillor, Ward 2 Declaration of Vacancy and Method of Filling Vacancy Page 8 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 134 - Consent of Nominee Application and Declaration of Qualification Vacancy for City Councillor, Ward 2 Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 T. 905.420.4611 | F. 905.420.9685 | Toll Free 1.866.683.2760 | clerks@pickering.ca | pickering.ca This form must be filed in person during regular office hours Monday to Friday, 8:30 to 4:30 in the Office of the City Clerk, and no later than 4:30 p.m. on DAY, MONTH XX, 2021, and must be accompanied by two (2) pieces of identification confirming you are a resident, owner or tenant of land in the City of Pickering, or the spouse of an owner or tenant of land; and a letter no longer than two (2) letter- sized pages identifying the reasons you feel you are qualified to fill the vacancy for City Councillor, Ward 2. Please make an appointment with the City Clerk to submit your application and any supplementary documentation by contacting clerks@pickering.ca. It is the responsibility of the nominee to file a complete and accurate Consent of Nominee Application. Nominee Information (As it will appear on all documentation). First Name Last Name Qualifying Address (Street Number, Street Name, Suite/Unit Number, City/Town, Province, Postal Code) Mailing Address (if different from above) Street Number, Street Name, Suite/Unit Number, City/Town, Province, Postal Code Daytime Telephone Number Email Declaration of Qualification I, _________________________________ , the applicant mentioned in this Consent of Nominee Application, declare that I am presently legally qualified, or would be presently legally qualified if I were not a member of the Legislative Assembly of Ontario or the Senate or House of Commons of Canada, to be appointed to and to hold the Office of City Councillor, Ward 2, for the City of Pickering, and hereby consent to such appointment. Declared before me at the _____________ of _____________ in the_______________ of ___________ this ____ day of ___________ , 2021 Nominee Signature Clerk or Designate Signature Certification by Clerk or Designate I, the undersigned Clerk of this municipality, do hereby certify that I have examined the Consent of Nominee Application of the aforesaid nominee filed with me and am satisfied that the nominee is qualified to hold the Office of City Councillor, Ward 2 for the City of Pickering. Clerk or Designate Signature Date Certified Filing Date Filed (yyyy-mm-dd) Time Filed Nominee initial Clerk or Designate Signature Attachments I am attaching a letter in support of my application acknowledging that these records will be made available to the public in their entirety. Should you be successful in being appointed to the Office of City Councillor, Ward 2, you will be required to show proof of receipt of all recommended doses of the Covid-19 vaccine, in accordance with the City’s Mandatory Vaccination Procedure, to the Human Resources Department. Attachment #1 to Report CLK 06-21 - 135 - Consent of Nominee Application and Declaration of Qualification Vacancy for City Councillor, Ward 2 Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 T. 905.420.4611 | F. 905.420.9685 | Toll Free 1.866.683.2760 | clerks@pickering.ca | pickering.ca Declaration of Qualification for The Corporation of the City of Pickering, Office of City Councillor, Ward 2 I Do Solemnly Declare That: 1.I am qualified pursuant to the Municipal Elections Act, to be appointed to and to hold the Office of City Councillor, Ward 2; 2. Without limiting the generality of paragraph 1, I am at least eighteen years of age, a Canadian citizen, a resident of the City of Pickering or the owner or tenant of land in the City of Pickering or the spouse of such owner or tenant; 3.I am not ineligible or disqualified under the Municipal Elections Act, the Municipal Act, the Municipal Conflict of Interest Act or any other Act to be elected to or hold the above-mentioned Office. 4.Without limiting the generality of paragraph 3, •I am not an employee of The Corporation of The City of Pickering , or if I am an employee of the Corporation of The City of Pickering, I am on an unpaid leave of absence as provided for by section 30 of the Municipal Elections Act; •I am not a judge of any court; •I am not a member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada or, if I am such a person, I will provide proof of my resignation in a form satisfactory to the Clerk of the Corporation of The City of Pickering prior to 4:30 p.m. on MONTH XX, 2021 (the close of applications). I understand that the Clerk of The Corporation of The City of Pickering will reject my application for the above-mentioned Office if I fail to provide proof of resignation by this deadline; •I am not a member of the Executive Council of Ontario or a Federal Minister of the Crown; and, •I am not a Crown employee within the meaning of the Public Service Act, or if I am a Crown employee, I have followed and will continue to follow all the relevant provisions of Part Ill of such Act. 5.I am not prohibited from voting in a municipal election under subsection 17(3) of the Municipal Elections Act. 6.Without limiting the generality of paragraph 5, •I am not a person who is serving a sentence of imprisonment in a penal or correctional institution. •I am not a person who was convicted of a corrupt practice described in subsection 90(3) of the Municipal Elections Act, that occurred less than five years following Voting Day to which the offence relates. - 136 - Consent of Nominee Application and Declaration of Qualification Vacancy for City Councillor, Ward 2 Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 T. 905.420.4611 | F. 905.420.9685 | Toll Free 1.866.683.2760 | clerks@pickering.ca | pickering.ca 7. I am not a person who was convicted of a corrupt practice under the Municipal Elections Act, or of an offence under the Criminal Code (Canada), in connection with an act or omission with respect to a municipal election to which this Act applies and I am not a person who is ineligible to be nominated for any Office until the next two (2) regular elections have taken place following Voting Day to which the offence relates. 8. I am not disqualified from being appointed to or holding office by reason of any violations of the election campaign financial requirements or violations for not filing the financial statement pursuant to the Municipal Elections Act. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that is of the same force and effect as if made under oath by virtue of the Canada Evidence Act. Nominee Signature Signature of Clerk or Designate Date (yyyy-mm-dd) The Office of the City Clerk collects personal information on this form under the authority of ss. 136 (c), 208(1), the Municipal Elections Act, 1996, S.O. 1996. The information will be used by the City Clerk for the purpose of assessing whether a nominee may be appointed to municipal office. Your information will be filed with the City Clerk and will be published on the public agenda for the appropriate Special Council Meeting. Questions about this collection can be directed to the City Clerk at clerks@pickering.ca. - 137 - Candidate Votes Bert CORTEZ 370 Wesley HENRY 2620 Eileen HIGDON 3647 Dave RYAN 12959 Mayor Number Of Undervotes:181 Number Of Overvotes:0 Total Number Of Votes:19596 Total Number Of Blanks:181 Candidate Votes Kevin George ASHE 3318 Usha CHAHAR 311 Robert JONES 771 Musa MANSUAR 2526 Regional Councillor - Ward 1 Number Of Undervotes:139 Number Of Overvotes:0 Total Number Of Votes:6926 Total Number Of Blanks:139 Number of ballots cast:19777 1 / 6 Official Results Report Pickering Attachment #2 to Report CLK 06-21 - 138 - Candidate Votes Bill McLEAN 2659 Gary Hugh STRANGE 2242 Regional Councillor - Ward 2 Number Of Undervotes:78 Number Of Overvotes:0 Total Number Of Votes:4901 Total Number Of Blanks:78 Candidate Votes David PICKLES 4468 Peter RODRIGUES 3150 Regional Councillor - Ward 3 Number Of Undervotes:115 Number Of Overvotes:0 Total Number Of Votes:7618 Total Number Of Blanks:115 2 / 6 Official Results Report Pickering - 139 - Candidate Votes Maurice BRENNER 2707 Haidar FUROZUNI 159 Nancy GRANADOS 569 Tony HAROLD 779 Lisa ROBINSON 2523 Clyde TAFFE 213 City Councillor – Ward 1 Number Of Undervotes:115 Number Of Overvotes:0 Total Number Of Votes:6950 Total Number Of Blanks:115 Candidate Votes Ian CUMMING 2536 Dave CURRIE 603 Tanya FOSTER 891 Sari SARIEDDINE 727 City Councillor – Ward 2 Number Of Undervotes:222 Number Of Overvotes:0 Total Number Of Votes:4757 Total Number Of Blanks:222 3 / 6 Official Results Report Pickering - 140 - Candidate Votes Javed AKHTAR 124 Shaheen BUTT 3115 Ali NAQVI 74 Nadia PEERZADA 2646 Damian WILLIAMS 1486 City Councillor – Ward 3 Number Of Undervotes:288 Number Of Overvotes:0 Total Number Of Votes:7445 Total Number Of Blanks:288 Candidate Votes Dianne BARHAM 4294 Bruce BRADLEY 2962 Chris BRANEY 5216 Paul CRAWFORD 4514 Michelle FRANCIS 4209 Sandeep KAKAN 2173 Saul PERDOMO 297 Shawnn SANDRASAGARA 530 Trustee - Durham District School Board Number Of Undervotes:6727 Number Of Overvotes:0 Total Number Of Votes:24195 Total Number Of Blanks:1621 14 / 6 Official Results Report Pickering - 141 - Candidate Votes Sylvie LANDRY 60 Anna-Karyna RUSZKOWSKI 30 Trustee - French Language School Board (Conseil scolaire Viamonde) Number Of Undervotes:11 Number Of Overvotes:0 Total Number Of Votes:90 Total Number Of Blanks:11 Candidate Votes Roger BRIDEAU 65 Marcellin KWILU MONDO 14 Andre LINSKY 11 Balonda NKONGOLO 15 Trustee – French Language Catholic School Board (Conseil scolaire catholique MonAvenir) Number Of Undervotes:8 Number Of Overvotes:0 Total Number Of Votes:105 Total Number Of Blanks:8 5 / 6 Official Results Report Pickering - 142 - Candidate Votes Tom DINGWALL 4526 John HENRY 8026 John MUTTON 3105 Peter NEAL 1506 Muhammad Ahsin SAHI 1425 Regional Chair – Regional Municipality of Durham Number Of Undervotes:1189 Number Of Overvotes:0 Total Number Of Votes:18588 Total Number Of Blanks:1189 6 / 6 Official Results Report Pickering - 143 - Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 Page 1 of 6 These Procedures have been created to outline the process that will be undertaken for the nomination and appointment of qualified individuals who have submitted a Consent of Nominee Application and Declaration of Qualification for the Vacancy for City Councillor, Ward 2. Note: These Procedures may be amended as required and determined by the City Clerk. The City Clerk, or designate, shall be responsible for interpreting, and where appropriate, facilitating the appointment application process as well as the nomination and appointment process as outlined in these Procedures. Special Council Meeting (Electronic Meeting): 1.An electronic Special Meeting of Council will be held to hear presentations and review the applicants who have applied and consented to the appointment for the Office of City Councillor, Ward 2. 2.No verbal delegations will be permitted from the public at this meeting. Members of the public may submit written correspondence to the City Clerk by noon on the business day prior to the Meeting. 3.The Agenda for the Special Meeting will include the following items: (a)Roll Call (b)Disclosure of Interest (c)Opening Remarks from the Mayor (d)Presentations from Applicants (Copies of all application documents for each applicant will be included in this section of the public Meeting agenda) (e)Matters for Consideration – Appointment to the Office of City Councillor, Ward 2 (f)By-law to Appoint City Councillor, Ward 2 (g)Oath of Office for Newly Appointed Member of Council (h)Confirmation By-law (i)Adjournment 4.Under Presentations, each applicant will be allowed to provide a 5 minute presentation to Council. Applicants will be invited into the Electronic Meeting so that they can appear on camera before Council and the public through the Livestream. The applicant’s presentation will be verbal and applicant’s may display a PowerPoint presentation by sharing their screen. If an applicant has a presentation aid, it must be approved by the City Clerk and submitted by noon, 2 business days prior to the Meeting. Attachment # 3 to Report CLK 06-21 - 144 - Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 Page 2 of 6 5. The order of presentations by the applicants will be determined alphabetically based on the applicant’s last name, starting with A through Z. 6. After each applicant has provided their presentation, each Member of Council shall be permitted to ask one question per applicant. 7. Once the presentations and questions are complete, the applicant will be permitted to remain in the electronic meeting with their microphone muted and their camera turned off. The Clerk shall have the authority to remove an applicant from the Meeting if necessary. Presiding Officer for the Nomination and Appointment Process: 8. Following the presentations and question period, the Mayor, as the Chair, will relinquish the Chair to the City Clerk who shall preside over the Meeting until the appointment process has been completed. Call for Nominations: 9. Under Matters for Consideration, the Clerk shall call for nominations for the Office of City Councillor, Ward 2, to be opened and will request a mover and seconder for the following motion: “That the nominations for the Office of City Councillor, Ward 2, be opened.” 10. The following procedures will apply to this portion of the Meeting: (a) Each nomination must be moved and seconded. If a nomination is not seconded, it will not move forward and the applicant’s name will not be included on the final list of candidates who may be voted on. (b) A Member of Council may make more than one nomination. (c) When all nominations are complete, the Clerk will call for any other nominations and when no others are made, the Clerk will advise that nominations are closed and will ask for a motion, duly moved and seconded, that nominations be closed. The motion will read as follows: “That the nominations for the Office of City Councillor, Ward 2, be closed.” 11. Should there only be one nomination, a vote will be taken on the nominee and they must achieve a majority vote of Council to be appointed. - 145 - Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 Page 3 of 6 Process for Voting on Multiple Nominees: 12. If there is more than one nomination, the Clerk will proceed to take a vote on the nominees in accordance with the following: (a) The vote shall be a recorded vote of all Members present and voting, the order of which will be decided by random draw by the Clerk. When a Member of Council is called upon, they will state the name of the nominee in which they are voting for. (b) In order to be appointed, a nominee must receive a majority of the votes of Council. (c) If there are only 2 nominees: i. the first nominee who receives the majority required to be appointed, shall be declared appointed and a motion, duly moved and seconded will be required by Council as follows: “That ___________________ be appointed to the Office of City Councillor, Ward 2, for the remainder of the 2018-2022 Term of Council ending on November 14, 2022.” ii. If there is an equal number of votes for the 2 nominees, a 10 minute recess shall be held followed by a second vote. If on the second vote there is still an equal number of votes or a nominee does not receive the majority required to be appointed, the Clerk shall conduct a draw by lot of the nominees and the nominee who is drawn, shall be declared appointed and a motion, duly moved and seconded will be required by Council as follows: “That ___________________ be appointed to the Office of City Councillor, Ward 2, for the remainder of the 2018-2022 Term of Council ending on November 14, 2022.” (d) If there are more than 2 nominees: i. The first nominee who receives the majority required to be appointed, shall be declared and appointed; ii. If no nominee receives the majority required to be appointed by all voting Members of Council, the name of the nominee receiving the least number of votes shall be dropped and Council shall proceed with the next vote on the remaining nominees; iii. If 2 or more nominees are tied with the least number of votes, the Clerk shall conduct a lot of the tied nominees until there is one not drawn, and the nominee who is not drawn, shall be dropped off the list and Council shall proceed with the next vote; - 146 - Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 Page 4 of 6 iv. Voting shall continue until either a nominee receives the majority required to be appointed or it becomes apparent by reason of an equal number of votes or any other reason that no nominee can be appointed, in which event the procedure as stated in clause 12 (c) ii shall apply and the Clerk shall conduct a draw by lot of the nominees and the nominee who is drawn, shall be declared appointed. (e) To give effect to the appointment, the following motion is required by Council: “That ___________________ be appointed to the Office of City Councillor, Ward 2, for the remainder of the 2018-2022 Term of Council ending on November 14, 2022.” By-law to Appoint City Councillor, Ward 2: 13. The Clerk will ask for a mover and seconder to adopt a By-law appointing the successful candidate who has been appointed in accordance with these Procedures. Oath of Office: 14. The Clerk shall administer the Oath of Office to the newly appointed Member of Council. 15. The newly appointed Member of Council will be permitted 5 minutes to address Council and the public to provide their remarks on being appointed to the seat. Return of the Chair to the Mayor: 16. The Clerk shall relinquish the Chair back to the Mayor at this point in the meeting so that the remaining agenda items can be completed. 17. Where a situation occurs that is not otherwise accounted for in these procedures, the City Clerk shall recommend an alternate process to Council. - 147 - Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 Page 5 of 6 Examples and Explanation of Voting Process/Results: The following tables provide an explanation and examples of how the results would be interpreted as a result of the recorded votes called by the Clerk as outlined in these Procedures. Should all 6 Members of Council be present and voting, 4 votes would constitute a majority. Example 1: In this scenario, 2 candidates were nominated and Candidate A would be declared to have the majority vote required to fill the vacant seat. Candidate A Candidate B Councillor A X Councillor B X Councillor C X Councillor D X Councillor E X Councillor F X Example 2: In this scenario, 2 candidates were nominated and there is an equal amount of votes. In accordance with Section 12 (c) ii, a 10 minute recess would be held and a subsequent vote taken. If the results were the same, the Clerk would conduct a draw as per Section 12 (c) ii, and the nominee who is drawn would be declared the successful candidate. Candidate A Candidate B Councillor A X Councillor B X Councillor C X Councillor D X Councillor E X Councillor F X Example 3: In this scenario, 3 candidates were nominated and Candidate C would be eliminated as they received only 1 vote. Further voting would take place for the remaining 2 candidates (Candidates A and B) as neither received the majority vote required. - 148 - Procedures for Nominations and Appointment for Office of City Councillor, Ward 2 Page 6 of 6 Candidate A Candidate B Candidate C Councillor A X Councillor B X Councillor C X Councillor D X Councillor E X Councillor F X Example 4: In this scenario, 4 candidates were nominated and the Clerk would conduct a draw with the nominees with the least votes (Candidates C & D) as per Section 12 (d) iii of these Procedures, and the nominee who is not drawn would be eliminated and the next vote would occur for the remaining 3 candidates. Candidate A Candidate B Candidate C Candidate D Councillor A X Councillor B X Councillor C X Councillor D X Councillor E X Councillor F X - 149 - Report to Council Report Number: CS 36-21 Date: November 22, 2021 From: Sarah Douglas-Murray Director, Community Services Subject: Arena Pro Shop Rental Fee Relief -File: A-1440 Recommendation: 1.That Report CS 36-21 Arena Pro Shop Rental Fee Reduction be received; 2.That that the Mayor and City Clerk be authorized to execute a Concession Licence Amending Agreement with XPRT Marketing & Promotions, that contains the following condition: that rent be waived for the months of September and October 2021 and that the current monthly rent paid to the City of $581.25 be reduced by fifty percent to $290.63 monthly and in addition, subject to such additional terms and minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: There has been a request from XPRT Marketing & Promotions to adjust the amount of rent being paid to the City as set out in the existing Don Beer Arena Pro Shop - Licence Amending Agreement which permits XPRT Marketing & Promotions to provide pro shop services within Don Beer Arena until April 30, 2022. The vendor has requested that rent be waived for the months of September 2021 and October 2021 as the pro shop did not open seasonal operation until November 1, 2021 and that rent be paid at 50 percent for the months of November 2021 through March 2022. The existing Licence Agreement, approved by Council in 2017 as per Resolution #310/17 (refer to Attachment 1), is currently in year two of an optional two year extension period. As the agreement was endorsed by Council, approval for amendment to the agreements must also be endorsed by Council. Financial Implications: XPRT Marketing & Promotions has requested that the current monthly rent paid to the City of $581.25 be reduced by 50 percent to $290.63 monthly. This monthly reduction in rent combined with waiving of the rent for the months of September and October 2021 will result in a decrease in annual revenue of $2,906.22. The net rental revenue for the 2021/2022 operating season will be $1,743.78 instead of $4,650.00. - 150 - CS 36-21 November 22, 2021 Subject: Arena Pro Shop Rental Fee Relief Page 2 Discussion: As per Report CS 12-20, the City entered into a Licence Agreement with XPRT Marketing & Promotions to operate an arena pro shop at Don Beer Arena. This was during pre COVID-19 operational conditions where facility usage was very high and sales in the pro shop operations were steady and predictable. Current COVID-19 related Provincial operational guidelines and general safety concerns have impacted arena usage throughout the fall and will continue to impact operations throughout the current 2021/2022 hockey season (through March 2022). Capacity limits have been in place throughout the fall and patrons have been limiting the amount of time that they spend in indoor facilities due to necessary city protocols to meet health requirements. While protocols are now lifting, reluctance by many members of the public are continuing to impact public attendance and drop-in behavior at arena facilities. Registration numbers in all minor sports organizations have also decreased which has caused a decrease in ice permits by approximately 15 percent. The Community Services Department recommends that XPRT Marketing & Promotions be granted the requested rent relief which will ensure that this valuable service to Don Beer Arena ice users remains available. All Current Budget line items affected by any loss in revenue as stated in this report will be reflected within the 2022 Current Budget submission to Council. Attachments: 1. XPRT Marketing & Promotions Licence Agreement Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Kevin Hayes Sarah Douglas Murray Manager, Facilities Maintenance Director, Community Services KH:kh Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 151 - Attachment #1 to Report #CS 36-21 - 152 - - 153 - - 154 - - 155 - - 156 - - 157 - Report to Council Report Number: OPS 02-21 Date: November 22, 2021 From: Brian Duffield Director, Operations Subject: 2022 Pre-Budget Approval to Award RFP-4-2019 Automotive Parts Supply & Inventory Management System -File: A-1440 Recommendation: 1.That Proposal No. RFP-4-2019, for Automotive Parts Supply & Inventory Management System submitted by UAP Inc., NAPA Auto Parts (NAPA), in the amount of $1,610,250.00 (HST included) be accepted for the initial two year contract period of the initial five year term with an option to extend for two additional one year extensions; 2.That the total gross project cost of $1,600,250.00 (HST included), including the proposal amount, and other associated costs, and the net project cost of $1,450,080.00 (net of HST rebate) for the initial two year contract, to be funded over a two-year period, be approved; 3.That Council grant pre-2022 Current Budget amount of $580,032.00 for year one of the initial two year contract; 4.That Council authorize the Director, Finance & Treasurer to fund the net project cost of $1,450,080.00 as follows: a.That the year one in amount of $580,032.00, to be funded from property taxes; b.That the year two in the amount of $870,048.00 will be provided for in the 2023 Current Budget; and, 5.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: In anticipation of the move to the new Operations Centre, Public Works’ staff were asked to consider existing procedures and best practices and recommend changes that could significantly improve operational efficiencies and leverage the design and space of the new facility. The fleet parts inventory supply and management was targeted as an area for efficiencies to better service the increasing fleet repair and maintenance work load. Staff were requested to visit other municipalities using a similar service, and visited the City of Oshawa’s Operations Centre who, through a competitive RFP process, selected a third party in-house vendor to manage and supply all of the parts necessary for daily repairs and preventative maintenance of all City of Oshawa vehicles and equipment. - 158 - OPS 02-21 November 22, 2021 Subject: 2022 Pre Budget Approval to Award RFP-4-2019 Automotive Parts Supply & Inventory Management System Page 2 Service efficiencies that are expected to be realized with an integrated parts supply and inventory management system include: • A link from NAPA’s Total Automotive Management System (TAMS) into SAP Financials (via SAP Fleet Software) will provide integration and two-way transmission of information which will result in reduced administrative task and reliance on paper reports. • Assist Public Works in continuing to meet Winter Levels of Service as identified in Reports CS 31-19 and CS 14-21 by ensuring over the counter parts for repairs to emergency winter vehicles and equipment are available. • Improvement in efficiency resulting in a reduction of 150 weekly invoices from multiple vendors to 1 monthly invoice from one vendor. NAPA will own and fund all inventory parts, and the City will only be charged for parts when they cross the counter. Parts will be charged to the City will include payments based on invoice cost plus 10% which is below industry standard. However, UAP Inc. will be paid an hourly rate of $32.84 per hour for the first year and $33.65 per hour for the second year to provide parts counter personnel whenever the fleet garage is open, including planned and unplanned events. The City will no longer have to fund the inventory of parts. After careful consideration of the merits of this service and supply model, the City issued RFP- 4-2019 for an Automotive Parts Supply & Inventory Management System which closed on January 21, 2020. After completing the evaluation of the submission, completing a clarification and negotiation process, and satisfactory reference checks being confirmed, staff recommend proceeding to award RFP-4-2019 to UAP Inc. Financial Implications: 1. Proposal Amount 2022 2023 TOTAL Supply Of Parts From UAP 490,000.00 750,000.00 1,240,000.00 Parts Counter Personnel 70,000.00 105,000.00 175,000.00 SAP Fleet Module Integration 10,000.00 -10,000.00 HST (13%) 74,100.00 111,150.00 185,250.00 Gross Project Cost 644,100.00 966,150.00 1,610,250.00 - 159 - OPS 02-21 November 22, 2021 Subject: 2022 Pre Budget Approval to Award RFP-4-2019 Automotive Parts Supply & Inventory Management System Page 3 2. Estimated Project Costing Summary Supply Of Parts From UAP 490,000.00 750,000.00 1,240,000.00 Parts Counter Personnel 70,000.00 105,000.00 175,000.00 SAP Fleet Module Integration 10,000.00 -10,000.00 Total Project Cost (excluding taxes) 570,000.00 855,000.00 1,425,000.00 HST (13%) 74,100.00 111,150.00 185,250.00 Gross Project Costs 644,100.00 966,150.00 1,610,250.00 HST Rebate (11.24%) (64,068.00) (96,102.00) (160,170.00) Net Project Cost (including 1.76%) 580,032.00 870,048.00 1,450,080.00 Notes: • Supply of Parts From UAP to be budgeted through ten departments (this has been done historically). • Parts Counter Personnel and SAP Fleet Module Integration to be budgeted through Fleet Services department. • The $490,000.00 in 2022 is for a nine month period with the project starting in Q2 of 2022. Discussion: Currently, Public Works Fleet Operations consumes parts for the preventative maintenance and emergency repairs in the order of $650,000 per year. These costs are embedded in the repairs and maintenance budgets assigned to each department for the operating costs of vehicles and equipment in their control. The parts used by Fleet mechanics are routinely sourced by various fleet staff including the Foreperson, Lead Hand, and our Mechanics. This time, amounting to approximately 60 hours per week, will now be used productively for those identified staff to perform their core duties of repairs and maintenance. The Central Stores location, adjacent to the Fleet Services bay, maintains a stock of the typical consumable parts for routine repair and maintenance. Fleet Services maintains such a wide range of vehicles and equipment, that it is not practical to maintain a comprehensive stock of all possible parts for all vehicles and equipment in the City’s ownership. The ad hoc method of ordering and maintaining a stock of on-hand parts, without an active digital inventory management system, has led to an inefficient parts system with unused parts and surplus parts as our fleet changes and vehicles are disposed of. Our current inventory of parts has approximately 10 percent of obsolescent parts and 15 percent of surplus or duplicated parts. In addition, current procurement processes can range anywhere from one day to two weeks, (four business days on average), for delivery of parts leading to a significant amount of downtime for vehicles and equipment, particularly for unplanned maintenance and repairs. UAP Inc. will provide and maintain a parts storage area within the Operations Centre specific to our fleet and readily available over the counter to supply our mechanics daily with parts - 160 - OPS 02-21 November 22, 2021 Subject: 2022 Pre Budget Approval to Award RFP-4-2019 Automotive Parts Supply & Inventory Management System Page 4 needs exclusive City of Pickering. This area along with utilities will be provided to UAP Inc. at no charge. UAP Inc. will be expected to have an on-site inventory of 80 percent of regular maintenance and repair parts within three months of implementation, which is planned in Q2, 2022, and reach the industry standard of 85 percent within the following three months as they develop an understanding of the full consumable parts requirements of the City. In order to address the approximate 50 winter events per season, other emergencies and planned events after hours, UAP Inc. will provide counter services upon request at an additional cost. It is important to understand that the City will no longer have to purchase and maintain a large and diverse inventory of parts. UAP Inc., at their cost, are responsible to maintain the inventory and only invoice the City when the parts cross the counter and are in the hands of the mechanics, similar to any store front operation. Carrying costs for surplus and duplicated parts will be eliminated as UAP Inc. will be responsible for the stock levels and inventory. City staff are currently undertaking an inventory count to identify and dispose of obsolete stock. When UAP Inc. arrives in Q2, 2022, one of their first tasks will be to cross reference our vehicle and equipment list against our current inventory of parts and absorb into their ownership and provide it over the counter when needed at no charge. UAP Inc.’s proposal also includes use of their Integrated Business Solutions, in particular the TAMS which other municipalities also use. Currently, Fleet Services receives anywhere from 120 to 150 individual invoices weekly from suppliers for review and approval. UAP Inc. will submit a single invoice monthly for all parts crossing the counter in that month, dramatically cutting down the time spent by Operations staff to verify and process multiple invoices from dozens of vendors. In addition, it is anticipated that there would be subsequent time saved in the Finance department processing invoices from multiple vendors. This system along with our fuel management system and the future SAP fleet management software system module will provide the necessary data and metrics to make informed business decisions such as procurement and disposable of vehicles and equipment. City staff will have the ability to receive reports weekly, monthly, quarterly and on an as- required basis on key metrics which includes invoicing, costing and inventory control. The system will also be able to identify warranties, defects and core charges which are not being currently tracked efficiently; therefore, will offer substantial overall savings to the parts management process. Lastly, this system will allow the City to independently audit the contract to ensure compliance. The Operations Department recommends the acceptance of RFP-4-2019 submitted by UAP Inc., NAPA Auto Parts in the submitted price of $1,425,000.00 (HST excluded) for the initial two year contract period. The total gross project cost is estimated to be $1,610,250.00 (HST included) and the total net project cost is estimated at $1,450,080.00 (net of HST rebate). Once approved, Operations can prepare for the implementation in Q1, 2022 with the start launch date in Q2, 2022. - 161 - OPS 02-21 November 22, 2021 Subject: 2022 Pre Budget Approval to Award RFP-4-2019 Automotive Parts Supply & Inventory Management System Page 5 Attachments: 1. S&S Summary Memo, dated March 30, 2021 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Rob Burlie, P. Eng. Manager, Public Works Ray Rodrigues, CPPB Manager, Supply & Services Original Signed By: Original Signed By: Brian Duffield Director, Operations Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer BD:rb Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer - 162 - From: Ray Rodrigues Manager, Supply & Services Copy: Administrative Assistant, Community Services Manager, Public Works Supervisor, Municipal Garage Attachment 1 to Report OPS 02-21 Memo To: Brian Duffield Director, Community Services March 30, 2021 Subject: Proposal No. RFP-4-2019 Automotive Parts Supply & Inventory Management System Closing Date: January 21, 2020 - File: F-5300-001 Further to memo dated February 3, 2020, one proposal proceeded to Stage II evaluation. The Evaluation Committee, consisting of City Staff from Community Services, conducted independent evaluations of the proposals. In accordance with Item 2.6 Stage V – Ranking and Contract Negotiations, all scores from Stage II and Stage III have been added together, and was asked to enter into contract negotiations. Upon satisfying all the clarifications, changes and revisions to the satisfaction of the evaluation committee, it is recommended that UAP Inc., NAPA Auto Parts be awarded in the amount of an estimated $1,125,126 plus HST for the initial two year contract period. A budget of $650,000 was provided to Supply & Services for this procurement for the first year of the contract and additional funding is to be obtained as a part of the budgeting process for each additional year of the contract. In accordance with Part B. Material Disclosures, Item 1, as a pre-condition of award, the selected proponent, UAP Inc, NAPA Auto Parts will be required to provide the following documents for review: (a) A copy of the City’s Health and Safety Policy form currently dated and signed; (b) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; and (c) The City’s certificate of insurance or approved alternative form shall be completed by the Proponent’s agent, broker or insurer. Please advise if we are to proceed with this task. - 163 - As such, in accordance with Purchasing Policy Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Please include the following items in your Report to Council: 1. if Items (a) and (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 2. if Item (c) is acceptable to the Manager, Budgets & Internal Audit; 3. any past work experience with the highest ranking proponent UAP Inc. NAPA Auto Parts including work location; 4. the appropriate account number(s) to which this work is to be charged; 5. the budget amount(s) assigned thereto; 6. Treasurer’s confirmation of funding; 7. related departmental approvals; and 8. related comments specific to the project. Upon receiving Council’s approval, an approved requisition will be required to proceed. Do not disclose any information to enquiries during this time. The Proponents will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. RR RFP-4-2019 Page 2 of 2 - 164 - Report to Council Report Number: PLN 42-21 Date: November 22, 2021 From: Kyle Bentley Director, City Developments & CBO Subject: Envision Durham – Employment Strategy Technical Report - File: A-2100-020 Recommendation: 1. That Council endorse the Staff Comments contained in Section 2.2 of Report PLN 42-21 as the City’s formal comments on the Envision Durham Employment Strategy Technical Report, September 24, 2021; and 2. That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. Executive Summary: The Region of Durham released the Employment Strategy Technical Report (Employment Report) on September 24, 2021, and requested comments by October 25, 2021. The Employment Report is the third of four technical papers to be released as part of the Envision Durham’s Growth Management Land Needs Assessment exercise. Given the short comment period (30 days) for these technical reports, staff informed the Region that the City’s comments with respect to the Employment Report will only be available after Council has considered this report. Staff’s comments on the Employment Report are outlined in Section 2.2 of this report. Staff is seeking Council’s endorsement of the comments, and that a copy of Council’s resolution and Report PLN 42-21 be forwarded to the Region for consideration. Financial Implications: This report has no financial implications for the City. 1. Background: The Region of Durham is undertaking a Growth Management Study (GMS), as part of Envision Durham, the Region’s Municipal Comprehensive Review process. The first phase of the GMS consists of a Land Needs Assessment (LNA) to determine the amount of settlement area boundary expansion that may be required to accommodate the future population and job growth to 2051. The LNA is being presented through the release of the following four technical reports: • The Region-Wide Growth Analysis; • The Housing Intensification Study; • The Employment Strategy; and • The Community Area Urban Land Needs. - 165 - Report PLN 42-21 November 22, 2021 Subject: Envision Durham – Employment Strategy Technical Report Page 2 The first technical report, the Region-Wide Growth Analysis, released on July 2, 2021, was commented on through staff-to-staff comments in a letter to the Region on August11, 2021. The staff comments were submitted to, and endorsed by, Council on September 27, 2021 (Corr. 41-21). The second technical report, the Housing Intensification Study Technical Report, released on September 3, 2021, was commented on by staff through Report PLN 40-21, and endorsed by Council on October 25, 2021 as the City’s formal comments (Resolution #716/21). On September 24, 2021, the Region released the third technical report, the Employment Strategy Technical Report (Employment Report). The last technical report, Community Area Urban Land Needs, will be reported and commented on through a future report to Planning & Development Committee in December, 2021. The Employment Report can be accessed through the following hyperlink: https://www.durham.ca/en/regional-government/resources/Documents/Council/CIP- Reports/CIP-Reports-2021/2021-INFO-97.pdf Regional staff will be preparing a Land Needs Assessment Recommendations (Summary) Report, compiling the key outcomes, technical analysis, and related recommendations contained in the four technical reports. The Summary Report will be presented to Regional Planning and Economic Development Committee at a future date, to be confirmed by the Region. City staff will, at that time, bring forward a recommendation report to Pickering’s Planning & Development Committee, providing the City’s formal comments on the Region’s Land Needs Assessment Recommendations (Summary) Report. 2. Discussion: 2.1 The Employment Strategy Technical Report In accordance with the Growth Plan, the Region of Durham’s employment base is forecast to reach 460,000 jobs by 2051. This forecast presents an increase of approximately 221,600 jobs between 2019 and 2051, equating to an annual growth rate of 2.1%, which will require approximately double the Region’s historic growth rate. The purpose of the Employment Report is to present the results of the Region’s comprehensive assessment of current employment market conditions and trends, expected growth patterns, market opportunities and disrupters, that are anticipated to influence employment growth in Durham through 2051. Key outcomes of the Employment Report include a recommended density target for Employment Areas, a recommendation regarding the supply of designated Employment areas to accommodate employment land related jobs to 2051, and recommendations on Employment Area lands conversion requests. - 166 - Report PLN 42-21 November 22, 2021 Subject: Envision Durham – Employment Strategy Technical Report Page 3 The key findings of the Employment Report are the following: • Durham Region has approximately 4,940 gross hectares of land within Urban Employment Areas (designated industrial lands within urban areas), of which 2,550 gross hectares (52%) are considered developed. The Whitby South Employment Area contains the greatest share of developed Urban Employment Area lands at 22%, followed by the Pickering East Employment Area (the Brock Industrial Area) at 15%; • Durham’s Urban Employment Areas contain 1,966 gross hectares of vacant developable lands, which exclude lands with physical constraints (34 hectares), a 10% land vacancy adjustment (inactive sites/land banking), and the vacant employment lands recommended for conversion amounting to 167 hectares; • Through a high-level review using the developed employment inventory, building footprints and orthophotos, 1,215 hectares of the Region’s developed Urban Employment Area lands were identified as underutilized; • Based on a 15% employment intensification target and an overall target employment density of 26 jobs per gross hectare, the Region will require a total of 3,130 gross hectares of Employment Area lands to accommodate anticipated job growth to 2051; • Based on the identified Urban Employment Area land demand to 2051 and the available designated Employment area land supply, a shortfall of 1,164 hectares of Urban Employment Area lands has been identified to 2051; • Based on a site-by-site evaluation of requests for Employment Area lands conversions, it is recommended that 300 hectares of the lands subject to the Employment Area lands conversion requests be converted to non-employment uses plus an additional 108 hectares of Employment Area lands outside the active submissions, that have been identified for conversion by the Region’s consulting team and Regional staff. This brings the total area proposed for conversion to 408 hectares (this includes 52 hectares of the Durham Live lands that are being converted to non-employment uses in recognition of the approved Minister’s Zoning Order that permits non-employment uses); and • Employment growth from 2019 to 2051 is forecast to comprise: • 49% Population Related Employment (employment in institutional and commercial sectors such as schools, small-scale offices, retail services, restaurants, health care, including work-from-home); • 37% Employment Lands Employment (jobs in industrial type buildings including manufacturing, wholesale trade, and warehousing); and • 13% Major Office Employment (in terms of the Region’s Employment Strategy Major Office employment comprises employment within office buildings greater than 1,900 square metres). - 167 - Report PLN 42-21 November 22, 2021 Subject: Envision Durham – Employment Strategy Technical Report Page 4 It is important to note that the Employment Strategy did consider the manner in which the COVID-19 pandemic are likely to influence the nature of employment by type over both the near and long term. 2.2 Staff Comments Staff is generally in agreement with the findings and recommendations of the Employment Report. However, a number of minor aspects and technical concerns have been identified, which are elaborated on below. a. The Region, in recognition of the recent structural changes in the regional economy, acknowledges the need for Durham Region to ensure that the amount, type, and location of the Region’s established and planned Employment Areas are well aligned with anticipated market demand. More recently, Pickering staff, in discussions with staff from Infrastructure Ontario, heard that there is increased interest in the Prestige Employment Area of Seaton, for the development of industries other than “prestige” employment uses. However, these type of industrial uses are currently not permitted in the Prestige Employment zone. Accordingly, the City has retained Dillon Consulting to do an employment land use review of the lands within the Seaton Innovation Corridor, through an economic lens. Staff representing Dillon Consulting will be meeting with Regional staff. The outcome of this land use review may result in changes to the land designations within the Seaton Innovation Corridor, associated permitted uses, and potential job creation, subject to the appropriate planning approval processes. b. The Employment Report (page 42) points out that Durham’s employment land base is accommodated in a combination of Urban Employment Areas, Employment Related Areas, and Rural Employment Areas, as illustrated on Figure 5-1 (page 45). However, Figure 5-1 does not reflect the Hamlet Employment Areas in the Hamlet of Claremont, north of the Canadian Pacific Railway track, and in the Hamlet of Brougham, at the corner of Highway 7 and Sideline 20. These lands, measuring approximately 9.6 hectares and 7 hectares respectively, may not be designated in the Regional Official Plan as “Rural Employment Areas”, but they do form part of the rural employment land base. The Region needs to confirm whether these particular areas have been included in the Rural Employment Areas land holdings calculation for Durham Region. c. The Employment Report highlights that Durham’s five “Employment Related Areas”, including the Pickering Nuclear Generation Station (PNGS) and the Duffins Creek Water Pollution Control Plant, play an important part in achieving Durham Region’s overall employment forecast to 2051. The Report discusses the growth outlook for Key Trade Industry Sectors and refers to the significant negative impact COVID-19 is having on short-term macro-economic trends. However, the Report does not address the potential short to medium term impact of the closure of the PNGS on the local economy. The Region needs to confirm that the employment growth outlook considered the closure and decommissioning of the PNGS. - 168 - Report PLN 42-21 November 22, 2021 Subject: Envision Durham – Employment Strategy Technical Report Page 5 d. The Employment Report, in its overview of the Regional and Local Growth Drivers, highlights that the Highway 407 East extension to Highway 35/115, and completion of the Highway 412 and 418 connectors between Highways 401 and 407, has greatly improved accessibility within Durham Region and provided enhanced connectivity to Employment Areas situated along this corridor (page 63). This may be true in part, but the high toll fees on the 412 and 418 connectors continue to be a significant disincentive/barrier to accessibility and goods movement through, to, and from the Region of Durham. These tolls have a detrimental impact on the economic viability and competitiveness of the Region, and have led to an underutilization of the connectors. Furthermore, the apparent unwillingness of the Province to address the disparity between Durham Region and Toronto Region, where none of the connectors (e.g., Highways 400, 410 and 427) between Highways 401 and 407 are tolled, puts Durham Region at a disadvantage in comparison to the Regions of Toronto, Peel and York. Did the feasibility study by the Province of the toll fees on the 412 and 418 connectors consider the cost the gridlock on Highway 401 through Durham has on the regional and broader economy? It is recommended that the Region continue advocating to the Province for the removal, or significant reduction, of the tolls on Highway 407 and the 412 and 418 connectors through Durham in order to establish parity with Toronto, Peel and York Regions, to improve access to and the viability of Employment Areas and businesses in Durham, and to improve the economic competitiveness of the Region. e. The Employment Report assumes that 15% of all forecasted employment will be accommodated through intensification, and states that this assumption is factored into the land needs analysis. However, the Report provides no explanation as to how the Region or its consultants arrived at this assumption. Clarification regarding the basis or source for this assumption would be helpful. f. Figure 7-8 on page 75 illustrates how the Region determined the developable vacant Employment Area land supply. Staff noted the following calculation error in the Figure: The 2,119 hectares of Developable Vacant Employment Area Lands Supply Adjusted for Long-term Vacancy minus the 167 hectares of Recommended Employment Area Conversions equals 1,952 hectares and not 1,966 hectares, as reflected in the last column. This error has already been brought to the attention of Regional staff who confirmed that their consultant will be correcting this error by reconciling it through the final Land Needs Assessment. g. The Employment Report offers recommendations to provide stronger direction regarding accessory and employment supportive uses in Employment Areas. The Report includes a recommendation on page 84 that current policy 8C.2.12 in the Regional Official Plan (ROP) be updated by increasing the maximum size of a single use that is accessory to Employment Area uses from 500 square metres to 2,000 square metres. Staff is concerned with the significant increase in the maximum size of a single use, as it is equivalent to the minimum size of large scale or large-format commercial facilities, as defined by the ROP, and which is prohibited - 169 - Report PLN 42-21 November 22, 2021 Subject: Envision Durham – Employment Strategy Technical Report Page 6 in Employment Areas. Furthermore, no planning rationale is provided for this increase, and staff is concerned about the cumulative impact multiple uses of 2,000 square metres within designated Employment Areas may have on the Employment Area land supply. Accordingly, it is recommended that the Region reconsider this recommendation. h. Similarly, the Report provides a recommendation that current policy 8C.2.13 in the ROP be updated to permit a single employment supportive use not exceeding 2,000 square metres, provided that certain criteria be met. One of the criterion is that the employment supportive uses not detract from the potential for the subject lands to be utilized for employment uses. As written, there should be no circumstance that would prevent a property currently developed with an employment supportive use to be redeveloped for an employment uses. Redevelopment for employment uses may, however, be restricted by supportive uses on adjacent property, such as existing sensitive land uses, which are addressed through another criterion. Staff questions whether this specific criterion is of value and request that it be reconsidered. i. The Employment Report provides a series of employment strategy policy recommendations pertaining to the future planning of the Region’s Employment Areas, Strategic Growth Areas and remaining urban and rural areas. Staff has reviewed the policy recommendations and can confirm that, with the exception of the concerns expressed in paragraphs 2.2 g. and 2.2 h. above, the recommendations are generally in line with previous comments the City provided on the Region’s Growth Management Discussion Paper through Report PLN 32-19 and the Region’s Proposed Policy Directions Paper through Report PLN 29-21. 3. Staff Recommendations: It is recommended that the staff comments in Section 2.2. of this report be endorsed by Council as the City’s formal comments on the Envision Durham Employment Strategy Technical Report, and that a copy of Report PLN 42-21 and Council’s resolution be forwarded to the Region of Durham for consideration. - 170 - Report PLN 42-21 November 22, 2021 Subject: Envision Durham – Employment Strategy Technical Report Page 7 Prepared By: Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO DJ:CR:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 171 - Report to Council Report Number: PLN 43-21 Date: November 22, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Pickering Integrated Sustainable Design Standards City of Pickering File: D-7000-007 Recommendations: 1. That Council approve the hiring of Urban Equation Corp. to update and convert the 2007 Sustainable Development Guidelines into a tiered Integrated Sustainable Design Standard in accordance with Purchasing Policy 10.03 (c); 2. That the Letter Proposal submitted by Urban Equation Corp. for Professional Consulting Services to prepare a tiered Integrated Sustainable Design Standard for the City in the amount of $84,850.00 (HST excluded), provided as Appendix I to Report PLN 43-21, be accepted; 3. That the total gross project cost of $106,604.00 (HST included), and the total net project cost of $96,000.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost from the Consulting & Professional 2021 Council Approved Current Budget Account 502230.10115 as follows: a) The sum of $86,000.00 from The Atmospheric Fund; and b) The sum of $10,000.00 from The Regional Municipality of Durham; 5. That City staff be authorized to sign any agreements between the City and Urban Equation Corp. in a form satisfactory to the Director, City Development; and 6. That the appropriate staff of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: In early 2020, City staff drafted a revised set of sustainable development standards with the purpose of updating and expanding upon the 2007 Sustainable Development Guidelines (SDG). However, due to the evolving variety and complexity of sustainable measures, it became evident that outside expertise would be necessary. The process of reviewing the draft standards and finalizing a new guidance document was divided into two phases. Urban Equation Corp., a sustainability and community planning firm, was retained and completed the first phase in December 2020. The completion of Phase 2 was predicated on securing grant funding to retain a consultant. - 172 - Report PLN 43-21 November 22, 2021 Subject: Pickering Integrated Sustainable Design Standard Page 2 In May 2021, City staff was successful in securing a grant from The Atmospheric Fund (TAF) to offset the consulting costs for the remaining phase. Additional funds were also secured from the Region of Durham for the Phase 2 work. For practical reasons, continuing the relationship with Urban Equation Corp. on Phase 2 would enable the team to continue from where Phase 1 ended and meet the project’s deadline of June 2022. In discussions with Urban Equation Corp., staff requested a fee proposal from the consulting firm (see Letter Proposal, Appendix I). In accordance with Purchasing Policy 10.03 (c), where the funds are available in the approved budget and the project or annual cost of a consulting or professional service assignment is expected to be above $50,000.00, the purchase is subject to the additional approval of Council. Staff are recommending that the fee proposal submitted by Urban Equation Corp. for Consulting and Professional Services to update, expand and convert the 2007 Sustainable Development Guidelines into a tiered Integrated Sustainable Design Standard and other deliverables in the amount $84,850.00 (HST excluded) be accepted. Financial Implications: 1. Proposal Proposal Amount $84,850.00 HST (13%) 11,030.50 Gross Proposal Cost $95,880.50 2. Total Project Cost (Proposal + Other Costs) Proposal Amount $84,850.00 Contingency (reviews, additional meetings, etc.) 9,490.00 Sub Total $94,340.00 HST (13%) 12,264.00 Total Gross Project Cost $106,604.00 HST Rebate (11.24%) ($10,604.00) Net Project Cost to City (incl. 1.76%) $96,000.00 1. Background In 2007, Pickering became an early adopter of sustainable green development practices after drafting its Sustainable Development Guidelines (SDG). In 2009, Pickering Council approved a resolution, requiring that all new developments meet at least a rating of “Level 1”, with some minor exceptions. As the only municipality in the region with a green development standard at that time, Pickering emerged as a leader in sustainable building and development. - 173 - Report PLN 43-21 November 22, 2021 Subject: Pickering Integrated Sustainable Design Standard Page 3 Best practices have evolved since then. Many municipalities have completed sustainable development guidelines and the City of Pickering has the benefit of being able to learn from their various approaches to formulate a path forward that would best serve the City. Recognizing this, in early 2020, City staff drafted a revised set of standards with the purpose of updating and expanding upon the original SDG. However, due to the evolving variety and complexity of sustainable measures, and in researching the level of effort undertaken by neighbouring municipalities to obtain widespread stakeholder engagement, it became evident that outside expertise would be necessary. The process to review the draft standards and finalize a new guidance document was divided into two phases. Phase 1 included the following tasks: • assess the draft standards for alignment with existing provincial, regional, and municipal plans; • identify gaps and/or conflicts with the overall principles and intent; • recommend any necessary revisions or additional performance measures to: • ensure all elements of sustainability and resiliency are incorporated; • reflect current best practices; • proactively address known challenges for stakeholders and staff; • compare the benefits and drawbacks to various frameworks (e.g., checklists, checklists with points, tiered levels); • advise on the legislative authority of municipalities to require development standard; and • develop a comprehensive engagement plan. In accordance with the City’s Purchasing Policy, Urban Equation Corp. was retained and they completed their background review report in December 2020. Phase 2 includes drafting and finalizing an Integrated Sustainable Design Standard (ISDS) through a comprehensive engagement strategy with the public, development community, staff, and Council. Although the 2021 budget includes the Phase 2 project, it was contingent on securing grant funds to offset the consulting costs for the remaining phase. In early 2021, staff submitted a grant proposal for funding the Phase 2 work to The Atmospheric Fund (TAF). In May, the proposal was approved and funding in the amount of $86,000.00 was secured. In addition to the updated Standards, other deliverables include: a Technical Guide to support municipal staff in using the Standards; a Resource Manual to support the development industry in implementing the Standards; and a Shared-Learning Report to assist other municipalities undertaking similar work. As part of its approval, TAF also required the completion of a carbon emissions reduction report. The Region of Durham has agreed to assist the City by contributing $10,000.00 towards the Phase 2 work. - 174 - Report PLN 43-21 November 22, 2021 Subject: Pickering Integrated Sustainable Design Standard Page 4 2. Discussion 2.1 Urban Equation Corp. has considerable expertise in the field of sustainable community building Staff had a positive experience working with Urban Equations Corp. on the Phase 1 project. In continuing our relationship with Urban Equation Corp. on the Phase 2,the City will realize financial and time efficiencies since they can immediately continue from where Phase 1 ended to complete the task by the project deadline. Urban Equation Corp. staff are well respected in their field and have tremendous experience having recently completed the Town of Whitby’s tiered Green Standard. Whitby’s Green Standard consists of tiers (Tiers 1 to 4) of performance measures, with supporting guidelines that promote sustainable site and building design. Tier 1 of the Green Standard is a mandatory requirement of the planning approval process. The hiring of Urban Equation Corp. represents good value as they: • have the necessary administrative resources; • are extremely familiar with green building and community design practices; • have worked with developers, municipalities, and building owners; and • are intimately familiar with public and stakeholder consultations. Urban Equation Corp. also hold positions on Toronto’s Design Review Panel and the Canada Green Buildings Council Board of Directors. Given that Urban Equation Corp. are well respected in their field, staff supports continuing with this relationship to update and convert the 2007 SDG into a tiered Integrated Sustainable Design Standard. 2.2 As required by the City’s Purchasing Policy, Council is requested to approve this consulting assignment as it is for an amount greater than $50,000.00 In accordance with Purchasing Policy 10.03 (c), the Manager of Supply & Services may obtain the services of a particular consultant selected by the initiating Director. Where funds are available in the approved budget and the project or annual cost of a consulting or professional service assignment is expected to be above $50,000.00, Council approval is required. Staff are recommending approval of the proposal submitted by Urban Equation Corp. for Consulting and Professional Services to prepare the Integrated Sustainable Design Standard for a net project cost of $96,000.00. 3. Next Steps Subject to Council approval and the agreement with Urban Equation Corp. being executed, Urban Equation Corp. will commence the Phase 2 work immediately. Concurrently, staff will begin raising awareness of the project through the City’s communication platforms followed by public, development and building industry, municipal staff, and Council engagements. - 175 - Report PLN 43-21 November 22, 2021 Subject: Pickering Integrated Sustainable Design Standard Page 5 Staff will notify Council members of their engagement session dates as well as the public engagement dates. Appendix Appendix I Proposal Letter from Urban Equation Corporation dated November 5, 2021 Prepared By: Original Signed By Grant McGregor Project Manager, Strategic Initiatives Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Chantal Whitaker Supervisor, Sustainability Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Original Signed By Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer GM:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 176 - Appendix I to Report PLN 43-21 Proposal Letter from Urban Equation Corporation, dated November 5, 2021 - 177 - ■ URBAN EQUATION NOVEMBER 5, 2021 Integrated Sustainable Design Standards Advisory Proposal City of Pickering 1 The Esplanade S, Pickering, ON L1V 6K7 Attention: Chantal Whitaker cwhitaker@pickering.ca 416-929-5264 | urbanequation.ca People + Planet + Prosperity - 178 - URBAN November 5, 2021 City of Pickering 1 The Esplanade S, Pickering, ON L1V 6K7 Re: Pickering Integrated Sustainable Design Standards Dear Chantal Thank you for considering Urban Equation to be your sustainability advisor for the Integrated Sustainable Design Standards in the evolving City of Pickering. We are excited by the opportunity to continue supporting the City of Pickering by delivering a compelling Sustainable Design Standards that drives impact, achieves the overarching goals established, and provides compelling branding and storytelling language. We understand that the City of Pickering is seeking to retain a Consultant to update and expand upon the 2007 SDG and convert them into tiered Integrated Sustainable Design Standards. This important task is understood to be essential to foster the development of more sustainable communities aligned with numerous City funded programs. Urban Equation is a leading strategic sustainability and development consultancy with a proven track record of delivering impact and innovation for award-winning sustainability development projects. We are uniquely situated to be your sustainability advisor because: • We have successfully applied sustainability frameworks on nearly 5,000 acres of sustainability-focused community developments, including Sidewalk Labs in Toronto, Cloverdale Mall in Etobicoke, Dixie Mall in Mississauga, the award-winning Healthy Community Guidelines for Brightwater in Mississauga, and Zibi in Ottawa. • We are systems thinkers who consider the environmental, social and economic aspects of sustainability. Our team of diverse professionals, including planners, engineers, architects, marketing professionals and environmental specialists, excel at determining creative ways to deliver social and environmental value to meet the aspirations of our clients and their stakeholders. Urban Equation is proud to provide our clients with the highest quality sustainability advisory. We are thrilled at the opportunity to work with your team and set the foundation for a sustainable, healthy and thriving communities in Pickering. Please feel free to contact me directly at 416.352.8831 with any questions. We look forward to hearing from you. Sincerely, Jenny McMinn Managing Director URBAN EQUATION People + Planet + Prosperity P2021.0059 i - 179 - URBAN TABLE OF CONTENTS 1 PROJECT UNDERSTANDING................................................................................................... 1 2 SCOPE OF WORK ...................................................................................................................... 1 2.1 DETAILED WORK PLAN AND DELIVERABLES .............................................................................. 5 3 PROJECT TEAM ......................................................................................................................... 6 3.1 RELEVANT PROJECT EXPERIENCE ............................................................................................. 7 4 FEES ............................................................................................................................................ 7 4.1 AUTHORIZATION FORM ............................................................................................................... 8 5 APPENDIX 1: WORKPLAN........................................................................................................ 9 6 APPENDIX 2: RELEVANT PROJECT EXPERIENCE............................................................ 10 People + Planet + Prosperity P2021.0059 ii - 180 - URBAN 1 Project Understanding Durham Region and the City of Pickering are slated for significant growth. This project will establish the necessary framework to ensure that development is completed in a sustainable manner. In 2007, Pickering was an early adopter of Sustainable Development Guidelines (SDG) however, best practices have evolved since that time. Moving forward, and informed by the background work completed in 2020, the City of Pickering is seeking to retain a Consultant to update and expand upon the 2007 SDG and convert them into tiered Integrated Sustainable Design Standards. This project is being funded by a grant from The Atmospheric Fund and contribution from the Region of Durham. This project builds upon a solid foundation that aligns with the goals of Council-adopted plans including: Durham Community Climate Action Plan, Durham Community Energy Plan, Corporate Energy Management Plan, Integrated Transportation Master Plan and the Climate Emergency Declaration. The impetus of this project – to essentially foster the development of more sustainable communities, aligns with City funded programs that support urban forests, pollinators, waste reduction, water conservation, access to local food and greenspace, etc. Although the City strives to encourage, highlight and recognize builders who exemplify a commitment to sustainability through for example Civic Awards and the Sustainable Seaton: Community- Building Series, this project is critical to support an overall industry shift. In order to complete this project, the Consultant with guidance from the City’s Project Manager will undertake a comprehensive engagement strategy with the development community, stakeholders, Members of Council, municipal staff and general public. To foster the successful use of the new Standards, the Consultant will build upon the work of others to develop training tools/guides/resources for municipal staff and the development community. Based on the new standards, the Consultant will calculate the estimated carbon reduction as a result of this project. Based on expected growth and the type of growth that Pickering will experience in the next five years, the Consultant will compare greenhouse gas emissions associated had the development been built to the Ontario Building Code (OBC) versus Tier 1 of the new Integrated Sustainable Design Standards. 2 Scope of Work The scope of work has been divided into 5 objectives and detailed below with corresponding tasks, consultation and deliverables for each objective. This is not intended to be an exhaustive list of the work activities. The Consultant may outline additional tasks, meetings, workshops or other activities necessary to achieve the objectives of the Project subject to Project Manager approval. People + Planet + Prosperity P2021.0059 1 - 181 - URBAN Objective #1 Update and expand Pickering’s 2007 Sustainable Development Guidelines and convert to a tiered approach that addresses already identified gaps. Activities Estimated completion date Consultant’s key tasks and deliverables 1.0 Dec 2021 For the 1st meeting, introduce team Kick off meeting with members, present project work plan, Project Team project deliverables, and community engagement strategy, etc.) Meeting minutes to be prepared 1.1 Dec 2021 – Feb Prepare 1st Draft of the Integrated 1st draft tiered Standards 2022 Sustainable Design Standards reflecting information already collected to address best practices, inconsistencies and the gap analysis 1.2 2nd draft tiered Mar 2022 Prepare 2nd Draft of the Integrated Sustainable Design Standards Standards reflecting information received from consultation 1.3 May 2022 Prepare Final (draft) of the Integrated Final Sustainable Sustainable Design Standards Building and Development Standards 1.4 Target May/June Present Final Integrated Sustainable Planning and 2022 Design Standards at Planning and Development Report to Development Committee on June 6th Council with a and City Council Meeting on June recommendation to 27th. adopt Integrated Sustainable Design Standards. Objective #2 Undertake a comprehensive engagement strategy with the development community, stakeholders, Members of Council, municipal staff and general public. Activities Estimated Consultant’s key tasks and completion date deliverables 2.0 Mar 2022 Prepare agenda, conduct the meeting Undertake and prepare minutes (including list of comprehensive attendees) for each of the following: education and engagement process People + Planet + Prosperity P2021.0059 2 - 182 - URBAN with development community, Council, staff, stakeholders, local environmental organizations, appropriate advisory committees, utilities and the general public on the review of the draft versions of the Standards. • Four engagement workshops (stakeholder and community) • Two City staff engagement workshops • One workshop with Members of Council • Two one-on-one workshops with key stakeholders • Three Project Committee meetings Analyze and summarize results of survey results conducted by City staff on feedback received for each of the following • Two stakeholder surveys • Two community surveys Review the comments received from the surveys and indicate how the comments were addressed Objective #3 Develop training tools/guides/resources for municipal staff and the development community through a collaborative effort. Activities Estimated completion date Consultant’s key tasks and deliverables 3.0 Conduct a needs assessment with City staff and stakeholders to identify the resources and tools needed to successfully implement the Standards. Mar 2022 Conduct and evaluate input received from City staff who will administer the Standards and the development community who will implement the Standards Document how input was incorporated into the resource manuals. 3.1 Connect with GTHA municipalities to determine what tools and resources are already available or being developed to avoid duplication. Learn from and build upon these to create relevant and updated tools and resources for tiered standards. Mar 2022 The Consultant with the assistance of City staff will contact municipalities who require sustainable development checklists and have tools/resources. 3.2 Work with partners (e.g., Clean Air Partnership, July 2022 Prepare an Educational webinar for municipal staff. People + Planet + Prosperity P2021.0059 3 - 183 - URBAN Region of Durham) as required to deliver educational webinar for staff. 3.3 Develop, test and finalize Resource Manual for development industry use July 2022 Prepare a Draft and Final Resource Manual for the development community. 3.4 Develop, test and finalize Technical Guide for municipal staff use July 2022 Prepare a Draft and Final Technical Guide for municipalities. 3.5 Throughout the project, document lessons learned, strategies, processes and resources used to update and implement the Standard and compile into a report that can be shared with other municipalities. July 2022 Prepare a Shared Learning Report. This Report can be finalized after the June Council meeting. Objective #4 Estimate carbon emission reduction as a result of this project Activities Estimated completion date Consultant’s key tasks and deliverables 4.0 Based on expected population and employment growth that Pickering will experience in the next five years, estimate and compare greenhouse gas emissions from development between the current Ontario Building Code requirements and Tier 1 of the new Integrated Sustainable Design Standards. July 2022 Prepare a Carbon Emissions Report outlining the estimated carbon emission reductions that could be achieved through Tier 1 of the Integrated Sustainable Design Standards. We understand that Staff will provide us with estimated 5 year growth numbers (in building area, broken out by building type). We will use industry standard archetype energy profiles to then project associated carbon savings. Objective #5 Raise awareness using a variety of marketing and communication channels. Activities Estimated completion date Consultant’s key tasks and deliverables People + Planet + Prosperity P2021.0059 4 - 184 - 2.1 Detailed Work Plan and Deliverables URBAN EQUATION 5.0 Raise awareness of the project through the City’s communication platforms (e.g., dedicated page on website, social media posts, eNewsletters, Bang the Table EngagementHQ), media outlets and to targeted groups across diverse channels (e.g., Region of Durham, Clean Air Partnership, TAF) June 2022 Prepare a key messages memo describing core attributes of the standard, that City staff will use for the following: • Webpage • Social media posts • Article in City of Pickering’s Corporate and Sustainable Pickering eNewsletters • Bang the Table results • Promotional email blasts • News release and article requests (e.g., Better Builder) • Marketing and communication through other agencies See Appendix 1 for detailed Workplan People + Planet + Prosperity P2021.0059 5 - 185 - URBAN 3 Project Team Jenny McMinn B. ARCH., B.E.S., LEED AP BD+C Managing Director As Managing Director of Urban Equation, Jenny provides real estate development and sustainability advisory across North America. Her most recent clients include Sidewalk Toronto, Oxford Properties, DREAM as well as all levels of Canadian government. Prior to joining Urban Equation, for nearly a decade at Halsall Associates (now WSP), Jenny led design teams, municipalities and building owners in the creation of award-winning high-performance green building and community design projects. With her experience in sustainable architecture, performance management, facilitation and business modeling, she has led teams with multi-disciplinary stakeholders and consultants on a range of cutting-edge green projects including those targeting One Planet Living, Living Building Challenge, The WELL standard and LEED Platinum. Jenny’s leadership in Sustainable Design was recognized in 2014 through her nomination to the City of Toronto’s Design Review Panel and most recently through her appointment to the CaGBC Board of Directors. Jenny has a Bachelor of Architecture and a Bachelor of Environmental Studies both from the University of Waterloo. Charles Gosselin-Giguère M.Arch, M.Sc.UD, LEED GA Project Manager Charles is an urban designer and architecture professional with multiscalar experience retrofitting regenerative living environments. As a project manager, he thrives at communicating the scope of opportunities that can alleviate ecological footprints and create communities centered on equity and wellbeing. With a climate action lens, he uses a multidisciplinary approach to exercise practical and science-based leadership in sustainability solutions. Charles has diverse work experience in NGOs, community groups, and at the municipal level. Notably, in the past years, he has worked for the City of Quebec where he helped establish a new Transition and Climate Action Plan, develop the complete streets approach and sustainable neighbourhood indicators, and design serval brownfield, mixed-use densification, riverfronts and infill projects. Laura Chute BSc Biology, MSc Climate Change Sustainability Analyst Laura supports Urban Equation project teams in delivering sustainable development projects for a wide variety of clients. Her interdisciplinary understanding of climate change science provides a holistic understanding of sustainability challenges. Prior to joing Urban Equation, Laura lived in Denmark, where she completed a Master of Science in Climate Change – Impacts, Adaptation and Mitigation from the University of Copenhagen. Through her degree, Laura developed an understanding of climate change related problems from a wide range of disciplines including climate change and land use, the role of national and international organizations, as well as the sustainability challenges faced by businesses. People + Planet + Prosperity P2021.0059 6 - 186 - URBAN Jenny Harmer B.Mus., M.B.Sc., CPHC Energy Consultant As an Energy Consultant, Jenny combines her technical expertise with a dedication for clear and engaging communication to provide superior guidance on low-carbon design and policy. With the lens of “progress over perfection,” she seeks out opportunities to drive effective action on climate change in the built environment. Whether working at the scale of one building or a whole community, Jenny is driven to find sustainability solutions that align the social, environmental, and economic interests of all stakeholders. Jenny brings a multi-faceted perspective with over five years of experience in energy and sustainability consulting, and high-performance building design. Before joining the Urban Equation team, Jenny contributed energy analysis to campus sustainability plans, real estate developments, and municipal policy development. She has a Master of Building Science from Ryerson University, and is a Certified Passive House Consultant. 3.1 Relevant Project Experience Urban Equation has a broad range of valuable project experience and successes that can be leveraged for this project, which range from leading edge private sector clients, to multiple levels of government. See Appendix 2 for descriptions on the following three relevant projects • Whitby Sustainable Development Guidelines • Cobourg’s Tannery district • Vaughan’s Weston Road and Highway 7 Secondary Plan 4 Fees Our fees to deliver the scopes of work as described in this proposal are as follows: Services Estimated completion date Fees Approval Phase 1: Launch and First Draft February 2022 15 190$ Phase 2: Content Development and Second Draft April 2022 29 505$ Phase 3: Final Standards and Presentations June 2022 19 075$ Phase 4: Other Tools and Knowledge Workshops July 2022 21 080$ TOTAL 84 850 $ Fees are exclusive of any applicable taxes such as HST. Additional disbursements could include travel, printed material, etc. We will advise and seek approval prior to incurring any expenses. People + Planet + Prosperity P2021.0059 7 - 187 - URBAN EQUATION ___________________________________ 4.1 Authorization Form Urban Equation (Legal Name: Urban Equation Corp.) is hereby authorized to proceed as per the Fees, Scope of Work and Conditions of Assignment included in this proposal. AUTHORIZED BY: Company: ___________________________________ Contact Name: ___________________________________ Signature: ___________________________________ Date: ___________________________________ CONTRACT AND BILLING DETAILS: Company Legal Name: ___________________________________ Billing Address: ___________________________________ Billing Contact Name: ___________________________________ Billing Contact Email: ___________________________________ Special Billing Instructions: ___________________________________ (if applicable) People + Planet + Prosperity P2021.0059 8 - 188 - URBAN 5 Appendix 1: Workplan People + Planet + Prosperity P2021.0059 9 - 189 - Consulting Team Working Consulting Team Deliverable Meeting/presentation Consultations/engagement sessions Hourly:01 08 15 22 29 06 13 20 27 03 10 17 24 31 07 14 21 28 07 14 21 28 04 11 18 25 02 09 16 23 30 06 13 20 27 04 11 18 25 01 08 15 22 29 Per Diem: Internal Kickoff Kick off meeting with Project Team Project Committee meeting 1st Draft Integrated Sustainable Design Standards (reflecting information already collected)√ Public and stakeholder consultation and engagement: survey (stakeholder and community; sustainability elements/features are important to them ) S1 Public and stakeholder consultation and engagement: workshops (2)W W Council Engagement Workshop W GTHA municipal consultation C Phase 2: Content Development and Second Draft 2nd Draft Integrated Sustainable Design Standards (reflecting information received from consultation) Needs Assessment Analysis Public and stakeholder consultation and engagement: survey (stakeholder and community; input on the 1st draft of the Standards) S2 Public and stakeholder consultation and engagement: workshops (2)W W Council Engagement Workshop W Draft Technical Guide Draft Resource Manual Project Committee meeting Outline for Recommendations Report March April May June July August Phase 2: 11 weeks December January February PICKERING INTERGRATED SUSTAINABLE DESIGN STANDARDS WORKPLAN 2021 2022 November • • • ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ - 190 - Phase 3: Final Standards and Presentations Public, agency and stakeholder consultation C Project Committee meeting Planning and Development Report to Council for review by Chief Planner 11 Final adjustments Planning and Development Report to Council following Chief Planner comments Final Integrated Sustainable Design Standards Present Final Integrated Sustainable Design Standards at Planning & Development Committee Meeting 6 Prepare key messages memo communication by city Staff Present Final Integrated Sustainable Design Standards at City Council Meeting 27 Phase 4: Other Tools and Knowledge Workshops Educational Webinar for municipal staff Final Technical Guide for municipal staff Final Resource Manual for development industry Green Gas Emission Report Shared-learning Report Contingency Phase 3: 14 weeks Phase 4: 12 weeks - 191 - People + Planet + Prosperity P2021.0059 10 6 Appendix 2: Relevant Project Experience - 192 - Whitby Sustainable Development Guidelines Whitby, Ontario Community Sustainability Program + Policy Sustainability Strategy Urban Equation, working with The Planning Partnership, is working to produce innovative Sustainable Development Guidelines for the Town of Whitby, Ontario. Building on Whitby’s existing sustainable strategies, plans, and policies, the Sustainable Development Guidelines will incorporate goals, requirements, and targets related to energy efficient building and site design, water conservation techniques, green infrastructure, sustainable building materials, waste reduction, on-site renewable energy generation and recovery, natural heritage preservation, active transportation, cultural heritage, climate change adaptation, and land use compatibility. In addition to meetings with Town staff and members of the public, the Guidelines will be informed by conversations with the development and landowner community. A series of meetings have been planned to better understand the opportunities for, and obstacles to, achieving deeper sustainable outcomes in response to anticipated population growth and development pressure in Whitby. The guidelines will be complemented by a tiered Development Review Checklist, a staff training guide, an educational brochure, and an Incentive Programs Summary Report for Voluntary Standards. ONE PLANET LIVING INSPIRED - 193 - TANNERY DISTRICT Cobourg, Ontario Sustainability Strategy In order to help shape the sustainability ambitions for the Tannery District, we undertook extensive background research and public consultation to understand the priorities in Cobourg. Using the One Planet Living sustainability framework, we organized these priorities into a series of principle and goal statements, together acting as the foundation of subsequent master planning and design activities. Following the engagement work, we developed a series of required and voluntary sustainability requirements, targets, and key performance indicators. These were incorporated into the Urban Deign Guidelines prepared by Fotenn Planning + Design in order to provide guidance to future developers when preparing development applications. By way of our collaborative and integrative relationship with Fotenn, the Urban Design Guidelines evolved into a sustainability-focused document. . ONE PLANET LIVING INSPIRED - 194 - Weston Road and Highway 7 Secondary Plan Vaughan, Ontario Program + Policy Sustainability Advisory Leveraging our experience developing aspirational yet feasible sustainable strategies for large, mixed-use projects, Urban Equation prepared a Sustainability Analysis and Community Energy Plan for the Weston Road and Highway 7 Secondary Plan area in Vaughan, Ontario. The Secondary Plan will provide policy direction for the anticipated development of the site that, among other objectives, conforms to Vaughan’s sustainable ambitions. In addition to a review of prevailing policies, the Sustainability Analysis advances a sustainability vision, six key themes, six guiding principles, and 31 strategies. It also enumerated a series of policies and tools, technologies, and measures related to green infrastructure, green buildings, and climate change adaptation to inform future phases of the project. The Community Energy Plan, delivered with the support of EQ Building Performance, provides an overview of the anticipated energy use of the Secondary Plan area based on density targets, helping to inform long term energy planning strategies. The Plan describes a number of community energy technologies and systems to be explored in future feasibility studies. Together, the Sustainability Analysis Report and Community Energy Plan offer a series of practical next steps to help translate the initial background reports into implementable strategies in future phases of the Secondary Plan project. 1 SUSTAINABILITYANALYSIS REPORT 1 COMMUNITY ENERGY REPORT - 195 - The Corporation of the City of Pickering By-law No. 7883/21 Being a by-law to appoint Rumali Perera as the Deputy Clerk for The Corporation of the City of Pickering Whereas pursuant to Section 228(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, (the “Act”), a municipality shall appoint a clerk whose duty it is, a) to record, without note or comment, all resolutions, decisions and other proceedings of the Council; b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question; c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of the Council; d) to perform the other duties required under this Act or under any other Act; and, e) to perform such other duties as are assigned by the municipality. And Whereas pursuant to Section 228(2) of the Act, a municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Rumali Perera is hereby appointed Deputy Clerk of The Corporation of the City of Pickering. 2. By-law Number 7813/21 is hereby repealed. By-law passed this 22nd day of November, 2021. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 196 - Memo To: Susan Cassel November 17, 2021 City Clerk From: Kyle Bentley Director, City Development & CBO Copy: Manager, Building Services & Deputy CBO Supervisor, Building Inspections Supervisor, Building Permits Subject: Amendment to Schedule A of By-law 7362/14 appointing Inspectors File: L-2000-021 As a result of staff changes within the Building Services Section, and pursuant to the Building Code Act, please be advised that it will be necessary to amend Schedule A of By-law 7362/14 as attached hereto. The new schedule will reflect the following housekeeping changes: •Schedule A updated noting all of the appointed Building Inspectors. If you have any questions, please contact me at extension 2070. Original Signed By Kyle Bentley KB:ld Attachment Schedule A – Appointments - 197 - The Corporation of the City of Pickering By-law No. 7884/21 Being a By-law to amend Schedule A of By-law 7362/14 appointing Inspectors Whereas, pursuant to the provisions of subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Act within the City of Pickering; Whereas, pursuant to By-law 7362/14, Council appointed a Chief Building Official and such Inspectors as are necessary for the enforcement of the Act within the City of Pickering; Whereas, as a result of recent staff changes, the By-law to appoint these individuals must be amended to reflect the addition of new Inspectors; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Schedule A of By-law 7362/14, as amended, is hereby deleted and replaced with Schedule A attached hereto. By-law passed this 22nd day of November, 2021. __________________________________ David Ryan, Mayor __________________________________ Susan Cassel, City Clerk - 198 - Schedule A Appointments Item Column Column 1. Chief Building Official Kyle Bentley 2. Deputy Chief Building Official/Inspector Carl Kolbe 3. Inspector Steven Amaral 4. Inspector Stuart Caulfield 5. Inspector Joseph Domanski 6. Inspector David Escudero 7. Inspector Adam Fowler 8. Inspector Peter Furnell 9. Inspector Rachelle Gravel 10. Inspector Steven Heidebrecht 11. Inspector Anthony Nunes 12. Inspector Steven Smythe 13. Inspector David Stawowczyk 14. Inspector Ardalan Tanha 15. Inspector Robert Watson 16. Inspector Litian Wei 17. Inspector Andy Westcott - 199 -