Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
June 10, 2002
PICKERING AGENDA COMMITTEE Of THE WHOLE Anne Greentree Supervisor, Legislative Sero'ices .IUNE 10, 201}2 Committee of the Whole Meeting Agenda Monday, 3une 10, 2002 Chair: Councillor McLean ADOPTION OF MINUTES Meeting of May 14. 2002 (11) 1. DELEGATIONS The Chair shall ask if there are any persons who wish to address an item on thc agenda. (III) 1. MATTERS FOR CONSIDERATION CLERKS REPORT 18-02 ELECTION OF THE REGIONAL CHAIR PAGE 1-24 CI~ERKS REPORT 17-02 COUNCIL REMUNEILATION AND COMM[SNICATIONS POLICY 25-36 o PROCLAMATIONS "NATIONAL ABORIGINAL DAY" "LICENCE-FREE FISHING WEEKEND" "FALUN DAFA DAY" 37-41 CORPORATE SERVICES & 'I'REASURER REPORT 12-02 2002 TAX RATES FOR ALI. CLASSES OF PROPERTY AND FINAL TAX DUE DATES FOR .ALL REALTY TAX CLASSES EXCEPT FOR COMMERCIAL. INDUSTRIAIJ & MUI.TI-RESIDENTIAL REALTY CLASSES 42-49 CORPORATE SERVICES & TREASt'RER REPORT 13-02 DEVELOPMENT CHARGES 50-53 PLANNING & DEVELOPMENT REPORT 28-02 DISPOSAL OF LANDS SHIRLEY STREET. PLAN 473. PICKERING 54-59 (IV) OTHER BUSINESS Committee of the Whole Meeting Agenda Monday, June 10, 2002 Chair: Councillor McLean CORRESPONDENCE Members of Council may formally table an item of correspondence that has been circulated by the Mavor. CAO. Clerk or other staff'person. (VI) ADJOURNMENT RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That the letter from the Clerk of the Regional Nlunicipalit> of Durham advising of the _00. to receive the Report of the Ad resolution passed by the Regional Council on Nlav 8. '~ " Hoc Committee on the Election of the Regional Chair and forward it to the area municipalities tbr comment be received. That the Council of the City of Pickering hereby advises the Council of the Region of Durham that it supports Option (1.2 or 3! and Procedural (_)ption (i. ii. iii or ix'). REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: Ma>,~.,_.'~'~ 2002 REPORT NUMBER: CL 18-02 SUBJECT: Election of the Regional Chair RECOMMENDATION: That the letter from the Clerk of the Regional Municipality of Durham advising of the resolution passed by the Regional Council on May 8. 2002 to receive the Report of the Ad Hoc Committee on the Election of the Regional Chaff and forward it to the area municipalities tbr comment be received. That the Council of the City of Pickering hereby advises the Council of the Region of Durham that it supports Option (1, 2 or 3) and Procedural Option (i, ii, iii or iv). ORIGIN: Resolution of the Regional Council passed on May 8. 2002 respecting input from the area municipalities on the election of the Regional Chair AUTHORITY: Regional Municipalities Act and the new Municipal Act FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: The Regional Council has received a report from the Region-appointed Ad Hoc Committee on the Election of the Regional Chaff that sets out options respecting the election of the Regional Chair. The Regional Council has asked for the response and comments of the area municipalities by June 18, 2002 on this issue. BACKGROUND: Please find attached to this Report a letter from the Clerk of the Regional Municipality of Durham advising that the Regional Council passed a resolution on May 8. 2002 to receive a report of the Region-appointed Ad Hoc Committee on the Election of the Regional Chaff and requesting a response and comments from the area municipalities with respect to options for the election of the Regional Chaff as set out in the report. Report to Council CL 18-02 Subject: Election of the Regional Chair Date: May 22.2002 Page 2 Also attached is a copy of the Report of the Ad Hoc Cormnittee on the Election of the Regional Chak. The lbllowing options have been suggested by the A.d Hoc Committee with respect to the election of the Regional Chair: Option 1' The appointment of the Regional Chair by the members of Regional Council with the position open to all electors of the Region of Durham. (Should the Chair selected be a member of a lower tier municipality, he/she would resign.) Opti '~' on .z. The appointment of the Regional Chair b~ members of Regional council with the position open only to the members of the Regional Council. (The member would retain their elected position as xvell as that of Regional Chair.) Option 3: The Regional Chair be elected by the voters of the Region of Durham. in order to implement the above options, the £ollowing Procedural Options must also be considered: Procedural Option (i): The appointment of the Regional Chair by the members of Regional Council at the end of the term of Council. (This would apply only to Option Procedural Option (ii)' Voting should be weighted to reflect assessment. (This would apply onl~ to Options l and 2) Procedural Option (iii): The appointment of the Regional Chair be conducted by secret ballot. (This x~'ould appl? only to Options 1 and 21 Procedural Option (iv): The eight Local Municipalities be requested to include a question on the ballots tbr the 2003 municipal election regarding the direct election of the Regional ('hair. (This could apply to all Options) ATTACHMENTS: 1. Letter from Regional Clerk dated May 9. 2002 Prepared BY: -) Bruce ;Faylor. City Clerk Attachments Recommended tbr the consideration of Pickering City Council Ixl~d~~nist rat ive~t~c er ATTACHMENT # . May 9,2002 TO REPORT THIS LETTER WAS FORWARDED TO ALL MUNICIPAL CLERKS The Regional Municipality of Durham Clerk's Deoarunem BOX 623 605 ROSSLAND ROAD E NHITBYON L1N 6A3 CANADA 905/ 668-~-~ ~ 1-800-372 l'L2 Fax: 90E 668 9963 E-mai clerks%¢reg zno rnam.on.ca www. region.du rhamon,oa Pat M. Madill, A.M.C.T., CMM I Regional Clerk SER 1 ICE EXCELLENCE for otn' COMMUNIT} Mr. B. Taylor Clerk City of Pickering 1 The Esplanade Pickering ON L1V6K7 RE: ELECTION OF THE REGIONAL CHAIR (#2002-COW-1) (Our File: C08-00) Mr. Taylor, the Committee of the Whole of Regional Council considered the above matter and at a meeting held on May 8, 2002, Council adopted the following recommendations of the Committee: "a) THAT Report #2002-COW-1 of the Ad Hoc Committee on the Election of the Regional Chair be received; and b) THAT Report #2002-COW-1 of the Ad Hoc Committee on the Election of the Regional Chair be forwarded to the eight Area Municipalities for review of Options 1 to 3 and Procedural Options i) to iv), as contained in the Report, with a response and comments back to the Region of Durham by June 18, 2002." In particular, please pay attention to part b) of the recommendation where it states that a response and comments are to be back to the Region of Durham by June 18, 2002. Enclosed, as directed, is a copy of Report #2002-COW-1 from the .~oc Committee on the Election. of the Regional Chair. 'F~.l~.'Madill, A.M.C.T., OMMI Regional Clerk PMM/sc C: G.H. Cubitt, Chief Administrative Officer. B.J. Roy, Regional Solicitor ATTACHMENT# The Regional Municipality of Durham To: Council in Committee of the Whole From: Ad Hoc Committee on the Election of the Regional Chair Report No.: 2002-COW-1 Date: May_ 8, 2002 Subject: ELECTION OF THE REGIONAL CHAIR Recommendation: THAT the Ad Hoc Committee on the Election of the Regional Chair recommend to Council in Committee of the Whole: a) THAT the Report of the Ad Hoc Committee on the Election of the Regional Chair be received; and b) THAT the Report of the Ad Hoc Committee on the Election of the Regional Chair be forwarded to the eight area municipalities for review of Options 1 to 3 and Procedural Options i) to iv), as contained in the Report, with a response and comments back to the Region of Durham by June 18, 2002. Report: 1.0 INTRODUCTION At the Regional Council meeting of March 6, to an Ad Hoc 2002. the following resolution was referred Committee on the Election of the Regional Chair: "WHEREAS the Region of Durham was created in 1974 by the Government of Ontario; and WHEREAS when the R__g_gion of Durham Act* was passed it set in place a system of appointment for the Regional Chair by the elected Council; and WHEREAS there has been tremendous population growth within the Region of Durham since the time of its inception; and WHEREAS the Region of Durham is now responsible for the expenditures of over $600,000,000 annually; and WHEREAS other jurisdictions that have been regionalized have moved to Report No.: 2002-COW-1 Page No. 2 a system of direct election of the Regional Chair by the voters; and WHEREAS the voters of Durham Region should be entitled to vote for the very important position of Regional'Chair; NOW THEREFORE BE IT RESOLVED that the Council of the Region of Durham requests the Province of Ontario amend the Region of Durham Act* to provide for direct election of Regional Chair by the electors of Durham Region effective for the 2003 municipal election; AND the Regional Clerk be authorized to work with the Clerks of the lower tier municipalities to develop procedures to carry out the direct election of the Regional Chair by the people of Durham." REFERRED TO AN AD HOC COMMITTEE (See Following Motion) The following referral motion was passed: "a) THAT the foregoing motion (129) of Councillors Gray and Trim be referred to a committee comprised of Councillors Mutton, Clayton, Gray, Drumm, Parish, Holland, Para and Moffatt; and b) THAT the mandate of this committee shall be to prepare a report that shall review various options on the selection of the Regional Chair and its role; and c) THAT the draft report outlining options prepared by this committee be forwarded to all Area Municipalities for consideration and comment; and d) THAT the committee as appointed report back to the Committee of the Whole at which'time an opportunity will be provided for the purpose of receiving written submissions from the public as well as delegations on this matter; and e) THAT this matter be reported back to Council through Committee of the Whole at the first Council meeting in June, 2002." *NOTE: The above resolution references the Region of Durham Act. The Act that reflects the election of the Regional Chair is the Regional Municipalities A ct. 2 Report No.: 2002-COW-1 Page No. 3 2.0 BACKGROUND The issue of the election of the Regional Chair has been previously considered by Regional Council. In December 1998, Council had for its consideration Joint Report #98-J-26 regarding the Direct Election of the Regional Chair. It was recommended to Council by the Finance and Administration Committee of 1998, that the status quo be retained for the election of the Regional Chair. However, that recommendation was defeated. Council subsequently passed a resolution reflecting that the current Chair be re-elected and/or elected from among Council. Based on the decision of Regional Council, the Province was requested to amend the legislation to reflect the action taken by Regional Council. The Ministry of Municipal Affairs and Housing responded advising that, in their view, an amendment to the legislation (the Regional Municipalities Act) was not required. The issue on the election of the Regional Chair could be addressed through Council policy and therefore did not require a change in the legislation. The resolution remains today as an expression of the wish of that Council (the Council of 1998). 3.0 DISCUSSION BY THE AD HOC COMMITTEE At the meeting of the Ad Hoc Committee held on March 27, 2002, it was determined that assistance from the Regional Clerk and the Regional Solicitor should be obtained for the purpose of acting in an advisory capacity to the Committee. Furthermore, as requested by the Committee, the Regional Solicitor has summarized the legislative provisions relating to the election of, and role of, the Regional Chair contained in the Regional Municipalities Act, as amended (the "Existing Act"), and Bill 111, An Act to revise the Municipal Act and to amend or repeal other Acts in relation to municipalities (the "New Act"). The Existing Act prescribes the method for electing a Regional Chair. The New Act does not alter existing methods, but rather ~resen,,es status quo practices of electing Regional Chairs. Despite the preservation of the status quo the New Act specifically contemplates that a Regional Council may seek to change the "composition of council", including the method of selecting the Chair. However, the New Act sets out a number of rules that must be complied with, and a specific process that must be adhered to, in order for a regional municipality to change the composition of council. Report No.: 2002-COW-1 Page No. 4 ATTAC~i,IE:-' :: 3.1.0 Act 3.1.1 Election of the Reqional Chai[ The Existing Act provides that a member of a Regional Council or any other person (subject to the exceptions below) may be elected by Regional Council to preside as Chair of said council. Where a member of an area council is elected as Chair of the Regional Council, he or she is deemed to have resigned as a member of the area council. Section 9(4) of the Existing Act prohibits specific persons from holding the office of chair by incorporating specific provisions in the Municipal Act into the Existing Act. The following persons are prohibited from becoming Chair of a Regional Council: (1) (2) (3) (4) (5) (6) an employee of the municipality or local board; a judge; a member of the Assembly, or of the Senate or House of Commons; a Crown employee who is employed as a deputy minister; a person who is not a Canadian citizen; or a person who does not either live in the municipality, own or rent land in the municipality, or who is not the spouse or same-sex partner of an owner or tenant in the municipality. 3.1.2 Role o_fth_e Reqiona Chair Subsection 12(1 ) of the Existing Act provides that: "The chair is the head of the Regional Council and is the chief executive officer of the Regional Corporation." Subsections 14(1 ) and (2) of the Existirfg Act incorporate a number of provisions of the Municipal Act into the Existing Act, incltJding: the head of council shall preside at all meetings of council; and, subject to the procedure by-law, the head of council may at any time summon a special meeting. 3.2.0 The New Act 3.2.1 Election of the Regiona__J Chair The process for electing the Chair of Regional Council is not altered by the provisions of the New Act. Note that section 458 provides that: 4 Report No.: 2002-COW-1 Page No. 5 f)li~:t On January 1,2003, the composition of the council of a municipality, the method of electing or appointing its members, the number of votes given to each member and the titles of its members shall be the same as they were on December 31,2002. As such, status quo practices are preserved. 3.2.'I(a) Rules Governinq Changes to the Composition of Council Despite the foregoing, section 218 of the New Act provides that an upper-tier municipality may change the composition of its Council subject to the following rules: There shall be a minimum of five members, one of whom shall be the head of council. The head of council shall be elected by general vote, in accordance with the Municipal Elections Act, 1996, or shall be appointed by the members of council. The members of council, except the head of council, shall be elected in accordance with the Municipal Elections Act, 1996 to the upper-tier council or to the council of one of its lower-tier municipalities. The head of council shall be qualified to be elected as a member of council of the upper-tier municipality. If the members of council are directly elected to the upper-tier council and not to the council of a lower-tier municipality, the members shall be elected by general vote or wards or by any combination of general vote and wards. 6. Each lower-tier municipalit'y shall be represented on the upper-tier council. 3.2.1(b) Process to Chan.qe the Composition of Council The New Act requires that the process set out below be followed in order to make changes to the composition of a regional council. Enactinq the By-law Section Regional Council passes a resolution requesting the 218(7) Lie_u~_enant Governor_ in_ Council make a regulati0, n authorizing Report No.: 2002-COW-1 '~ ag ........ '- !:-: .; :- ~/5-~ z P eNo. 6 the regional municipality to exercise powers granted to it to change the composition of its council. 218(7) The Minister of Municipal Affairs and Housing receives the resolution from the regional municipality requesting the Lieutenant Governor in Council make a regulation authorizing the regional municipality to exercise powers granted to it to change the composition of its council. The Lieutenant Governor in Council makes a regulation authorizing the regional municipality to exercise its Powers to make changes The regional municipality drafts a by-law to exercise its powers to change the composition of regional council pursuant to the provisions of the regulation and subject to the rules set out in subsection 218(1 ). The regional municipality gives notice of its intention to pass a by-law under section 218, and holds at least one public meeting to consider the matter. The By-law must pass by a triple majority (i.e. majority at Regional Council; majority of lower-tier council's consent to change; number of electors in those consenting form a majority of all electors in the upper-tier). Commencement of the By-law The by-law comes into force at one of the following two times: (a) the day the new council is organized following the first regular election after the passing of the by-law; or (b) where the by-law is passed in the year of a regular election, the by-law will come into force after the second regular election following the passing of the by-law. The regular election held immediately before the by-law comes into force, shall be conducted as if the by-law was already in i force. 218(5),(6) 218(1) 219(1) 219(2) 219(3) 219(4) Report No.: 2002-COW-1 Page No. 7 ATTACHi"!2, ' " ~r z /t- ¢ -~ 3.2.2 Election of the Reqional Chair Under the New Act a number of mandated provisions are in place regarding the election of the Regional Chair (a.k.a. head of council). Section 233 of the New Act provides for the following: (1) the head of council shall be appointed at the first meeting of council of the upper-tier municipality [s. 233(1 ),(2)]; (2) no other business shall be conducted at a council meeting until the head of council is appointed [s. 233(2)]; (3) even though a member of council may have more than one vote in other circumstances, the member only has one vote in the appointment of the head of council [s. 233(4)]; and, (4) the head of council may be appointed by secret ballot [s. 233(5)]. The New Act prohibits weighted voting in the election of the head of council. The use of weighted voting to elect the head of council will require a legislative amendment. 3.2.3 Role of the Rec].ionat Chair The New Act does not use the term chair, but instead refers to a "head of council". However, recall that section 458 of the New Act preserves the existing (i.e. pre- Jan. 1, 2003) titles of members of council. Section 225 of the New Act provides as follows: It is the role of the head of council, (a) (b) (c) (d) (e) to act as chief executive o~ficer of the municipality; to preside over council meetings; to provide leadership to the council: to represent the municipality at official functions; and to carry out the duties of the head of oounoil under this or any other Act. 7 Report No.: 2002-COW-1 Page No. 8 (t!2 4.0 ATTACHMEN? ~ QUESTIONS TO THE ELECTORS The Municipal Elections Act, S.O. 1996, c.32 ("MEA"), permits a regional municipality to pose a question to its electorate. MEA provides that a vote on a question submitted to the electors shall be combined with the next regular election, unless the municipality provides that the vote shall be held at another time Is. 4(2)]. Subsection 8(1) of MEA provides the council of a municipality with authority to pass a by-law to submit a question regarding the following matters to the electorate: (a) (b) (c) a proposed by-law requiring their assent; a question not otherwise authorized by law but within the council's jurisdiction; a question, the wording of which is established by an Act or a regulation under an Act. MEA also sets out the rules regarding the types of questions that a council may submit to its electorate under clause 8(1)(b). Subsection 8.1(2) sets out the following rules regarding the question: It shall concern a matter within the jurisdiction of the municipality. Despite rule 1, it shall not concern a matter which has been prescribed by the Minister as a matter of provincial interest. It shall be clear, concise and neutral. It shall be capable of being answered in the affirmative or the negative and the only permitted answers to the question are "yes" or "no". When an upper-tier municipality acts under subsection 8(1), its clerk shall transmit to the clerk who is responsible for conducting the election a copy of the by-law and the proposed by-law or question [8(4)]. Note that the local municipality shall be reimbursed for reasonable costs incurred in putting the question to the electorate [7(3) and 8(7)]. MEA prescribes the process for putting questions before the electorate, including but not limited to; (a) giving at least 10 days notice to the public and the Minister of the intention to pass a by-law under clause 8(1)(b) or (c), and holding at least one public meeting to consider the matter [s.8.1(3)]; 8 Report No.: 2002-COW-1 Page No. 9 (b) (c) passing the by-law to submit a question to the electors under clause 8(1 )(b) or (c) at least 180 days before voting day in the election at which it is intended to submit the question to the electors; and, within 15 days after a municipality passes a by-law under clause 8(1)(b) or (c), the clerk shall give notice of the passage of the by-law to the public and the Minister. !)] 3 5.0 DOCUMENTATION REVIEWED BY AD HOC COMMITTEE The Ad Hoc Committee had for its consideration documentation from Professor Fowler and from Dufferin (as requested by Professor Sancton). This material was perused and summarized by staff. A memorandum dated April 9, 2002 is appended to this report as Attachment #1. This attachment summarizes the information regarding the Election of the Regional Chair from the Regions of Niagara, Halton, Waterloo and Durham Region. It also highlights the advantages and disadvantages outlined in the documentation provided by these municipalities. THE OPTIONS SUGGESTED BY THE AD HOC COMMITTEE ON THE ELECTION OF THE REGIONAL CHAIR - ADVANTAGES AND DISADVANTAGES (PROS & CONS) The following pros and cons are noted, as it relates to Options chosen by the Ad Hoc Committee: Note: many of these are the same as outlined in the research documentation and previously identified in the summary sent to the Ad Hoc Committee members earlier. There are other points that pertain more specifically to Durham Region. Option 1' The appointment of the Regional Chair by the members of Regional Council with the position open to all electors of the Region of Durham (Should the Chair selected be a member of a lower tier municipality he/she would resign) PROS It should be noted there is a 1998 Council resolution as referred to in Section 2 of this Report. Grounded in tradition. This is an import, ant factor in retaining this option. It has been successful in the past and is currently the legislated method of electing the Chair. No amendment is required to the current legislation or, after January 1, 2003, the new Municipal Act. Report No.: 2002-COW-1 Page No. 10 0!4 · Fellow councillors, many of whom will have worked with the Chairperson for several years, select the Chair. The Councillors will have had the opportunity to assess the candidate's abilities - to work with others, accomplish goals and ability to lead. Members of the public would have difficulty in assessing a candidate's capability because of the lack of opportunity to observe the daily work · The freedom to choose any citizen of Durham provides the largest pool of potential candidates, thereby increasing the likelihood of appointing the most highly qualified person · Choosing an outside candidate avoids resignations and by-elections · Candidates from smaller municipalities will have greater opportunity for being selected Chair than if they were required to run in a region-wide election o A Chair selected in this manner will have the support and confidence of the majority of council ° There are no costs for campaigning - since Regional Council members will select their Chair, candidates need only ensure that those members are aware of their experience, expertise etc. · Emphasizes the notion of the Region as a federation, encouraging a consensus building approach to governance · Enhances the Chair's role as an arbiter of conflicting demands · Provides that Council, rather than the Chair governs the Region CONS · May be seen as having less democratic accountability since such an important position can be held by someone not elected to any office by the electors · The Chair can become "hostage" to those who select him/her · The Chair should be a stronger figure than someone who encourages and promotes co-ordination and consensus · The Chair may be perceived as a very significant position and it requires a clear and strong mandate Option 2: The appointment of the.l~egional Chair by members of Regional Council with the position open only to the members of the Reqional Council. (The member would retain their elected position as well as that of Regional Chair) PROS · Fellow councillors, many of whom will have worked with the Chairperson for several years, select the chair. The Councillors will have had the opportunity to assess the candidate's abilities - to work with others, accomplish goals and ability to lead. Members of the public would have difficulty in assessing a candidate's capability because of the lack of opportunity to observe the daily work I0 Report No.: 2002-COW-1 Page No. 11 · Having the Chair retaining his/her elected position avoids resignations and by- elections · Candidates from smaller municipalities will have greater opportunity for being selected Chair than if they were required to run in a region-wide election · A chair selected in this manner will have the support and confidence of the majority of council · There are no costs for campaigning - since Regional Council members will select their Chair, candidates will be known to fellow councillors · Emphasizes the notion of the Region as a federation, encouraging a consensus building approach to governance · Provides that Council, rather than the Chair governs the Region CONS · This would require an amendment to the current legislation or, after January 1, 2003, could be accomplished under the new Municipa/Act by by-law provided the process for change set out under 3.2.1(b)is followed ° If passed under the new legislation, Regional Council would be making a far- reaching decision that would not even affect the current Council, since such a change could not be enacted until the 2006 election · As currently worded the option would allow the Mayor of a municipality to also assume the rote of Regional Chair. This could lead to serious conflicts. The Mayor is the top elected officiat of his/her local council and its major spokesperson and advocate. Therefore, as the head of two councils he/she may frequently be in a conflict of interest position. · The job of serving on a local council and chairing regional council would be an onerous one ° Well-qualified electors would be prohibited from serving as Regional Chair, with the potential loss of significant expertise Option 3: The Regional Chair be elected by the voters of the Region of Durham PROS · · Enhances accountability to the public, since they elect Regional Chair Enhances the credibility of the Chair and gives a strong mandate to lead Regional Council Ensures the Chair is independent, and not "held hostage" to Council Makes the system easier to understand, Chair's position resembles that of a Mayor Report No.: 2002-COW-1 Page No. 12 CONS · This would require an amendment to the current legislation or, after January 1, 2003, could be accomplished under the new MunicipalAct by by-law provided the process for change set out under 3.2.1 (b) is followed. · Research has indicated that success in being elected is directly related to the cost of the campaign. Thus excellent candidates may be excluded from running in such an election · The geographic area of Durham Region is a very large one, and this poses difficulties for candidates to visit all parts of the Region during the campaign to enhance visibility, etc. · Candidates from a more populous municipality will have an advantage over those from less populated areas · There is the possibility of party politics entering the local government level Procedural Option (i): The appointment of the Regional Chair by the members of Regional Council at the end of the term of Council (This would apply only to Option 1) PROS o Since the Chair would already be selected, there would be no need to seek election to a local council. Therefore, there would be no resignation or by- election required, along with the related expenses to the municipality. CONS · An amendment would be required to current legislation or, after January 1,2003, the new Municipal Act. · It would appear that such an amendment would not likely be viewed with favour by the Province. o Decisions regarding the Head of &n incoming Regional Council would be made by the outgoing council. Thus the Chair may not enjoy the same level of support and confidence of Council, as is the case with the current process. 12 Report No.' 2002-COW-1 Page No. 13 Procedural Option (ii): Voting should be weighted to reflect assessment (This would apply only to Options 1 and 2) PROS Weighted voting may more accurately reflect a municipality's current value assessment CONS · This would require an amendment to current legislation or, after January 1,2003, the new Municipal Act. · This would introduce inconsistency in voting methodology. It would result in having one pattern of voting for the appointment of Regional Chair while all other Regional Council decisions are made on the basis of one vote per member. · The calculation of votes would be complex · It would reduce the voting impact of our three smallest and our largest municipalities Procedural Option (iii): The appointment of the Regional Chair be conducted by secret ballot (This would apply only to Options 1 and 2) PROS I This option is permitted in the new Municipal Act This would allow people to vote according to their conscience without having to publicly declare their position This would reflect the process of directly electing the Chair by general vote CONS · Some may consider that this is not as open and transparent as the current process Report No.' 2002-COW-1 Page No. 14 018 Procedural Option (iv): The eight Local Municipalities be requested to include a question on the ballots for the 2003 municipal election regarding the direct election of the Regional Chair (This could apply to all Options) Refer to Section 4 as it relates to the process to be followed. PROS · This would allow the public to decide whether the current process should be changed CONS · There may be confusion around Regional Government. Some explanatory material around local/Regional government would likely be needed, including role of Regional Chair ° Questions may arise as to why, if we directly elect the Regional Chair, we would not also directly elect Regional Councillors at large 7.0 CONCLUSION The issue of the election of the Regional Chair has been reviewed by the Ad Hoc Committee and the following options are put forward for information. An opportunity for review and comment by the Area Municipalities will be given in accordance with the resolution of Regional Council on March 6, 2002. A date of June 18, 2002 will be given as the response date for the Area Municipalities. After the responses from the Area Municipalities are received, the Ad Hoc Committee on the Election of the Regional Chair will meet again on June 26, 2002. Subsequently, the Committee of the Whole will meet o~ July 10th in order to hear any public comments and receive written submissions on this issue. The final recommendations will be placed before Regional Council that same day. In summary, the following options are provided for comment as it relates to the process to be followed for the election of the Regional Chair: Report No.: 2002-COW-1 Page No. 15 OPTIONS PRESENTED BY THE AD HOC COMMITTEE ON THE ELECTION OF THE REGIONAL CHAIR Option 1 - THAT the Regional Chair be appointed by the elected members of Regional Council with the position open to all electors of the Region of Durham (Should the Chair selected be a member of a lower tier municipality he/she would resign) No amendment is required to the current legislation or, after January 1, 2003, the new Municipal Act. *** It should be noted there is a 1998 Council resolution as referred to in Section 2 of this Repod.. ~ Option 2 - THAT the Regional Chair be appointed by the elected members of Regional Council with the position open only to the elected members of Regional Council (the elected member would retain their elected position as well as that of Regional Chair) This would require an amendment to the current legislation or, after January 1, 2003, could be accomplished under the flew Municipal Act by by-law provided the process for change set out under 3.2. l (b) is followed. Option 3 - THAT the Regional Chair be elected by the voters of the Region of Durham This would require an amendment to the CUtTent legislat/'on or. after January 1, 2003, could be accomplished under the new Municipal Act by by-/aw provided the process for change set out under 3.2. l (b) is followed. Procedural Option (i) - THAT the appointment of the Regional Chair be completed at the end of a term of Council (This would apply only to Option 1) An amendment would be required lo current legislation or. after Januao~ 1, 2003, the new Municipal Act. Report No.: 2002-COW-1 Page No. 16 Procedural Option (ii) - THAT the appointment be based on a weighted vote by assessment (This would apply only to Options 1 and 2) An amendment would be required to current legislation or, after January 1, 2003, the new Municipal Act. Procedural Option (iii) - THAT the appointment of the Regional Chair be conducted by secret ballot (This would apply only to Options 1 and 2) Th/s option is permitted in the new Municipal Act. Procedural Option (iv) - THAT the eight Local Municipalities be requested to include a question on the ballots for the 2003 municipal election regarding the direct election of the Regional Chair (This could apply to all Options) Refer to Section 4 as it relates to the process to be followed. Councillor Moffatt, Chair Ad f4oc Committee on the Election of the Regional Chair Attachment \\FSHQ0001~APPS\GROUPS\CLERKS\C08 - Elect Reg Chair\StaffReport.doc 2131 ?O,F~2 15:44 FF~' _-' ~-' - DEPT flPR.I 1 '02 TO" From: Date: Re' Regional Councillors' T. Clayton, J. Drumm, J. Gray, M. Holland, D, Moffatt, J. Mutton, S. Parish, S, Para Staff: D. Bentley, G. Cubitt, P. Madill, B. Roy Pauline Reid April 9, 2002 Information re: Election of Regional Chair Please find attached materia! that has been received from Professor Fowler and from Dufferin (as requested by Professor Sancton) I have prepared extracts of the relevant material and summarized the information contained in the various documents as follows: N__~a ra Recommendations frotT~ 1989 were: o Regional Chairperson should be selected by a vote of regional councillors at the first meeting after each municipal election · The election of the regional Chairperson should take place in an open council meeting, but the method of voting should De by secret ballot · Only regional councillors elected at the most recent election should be eligible for election as Regional Chairperson ,, 'the councilor who is elected Regional Chairperson should not resign from his or her seat while serving a~ Regional Chairperson ° The Regional Chairperson shiould vote on alt matters before Regiona/ Council · Mayors should not be eligible for select,on as Regional Chairperson Rationale is provided for each of the above recommendations. However, it should be noted that the current procedure for Niagara is that while bullets one and three were adopted (in bold type above), the Regional Chair does resign his/her seat on a lower tier council. ! _:L__~ ,'C RE?OR'F #~'z /~' - ~ -~ Halton The extract discusses the merits and.disadvantages of election of the Chair by Regional Councillors and also by direct election. The recommendation (subsequently adopted by Halton and approved bythe province) was: · The Chair should be elected directly by general vote of the electors of the Region. Waterloo The extract attached is from a long paper considering reform in both governance and se~ice delivery in Waterloo. This i996 report recommended (subsequently adopted by Region of Waterloo and approved by the Province) that: · The Chair should be elected directly by general vote of the electors of the Region. Durham The research material provided to us does not advance us greatly in the two options that are currently being developed as the committee's recommendations to Regional Council. However, some of the rationale that was used to support and reject positions (including those not eventually recommended) can be used. The following advantages and disadvantages listed have been culled from the accompanying materia!~ Others relevant to our particular situation may be developed for the report to Council. Option A: The appointment of the Regional Chair by the members of Regional Council with the position open to all electors of the Region of Durham Region (Should the Chair selected be a member of a lower tier municipality he/she would resign Advantages · Fellow councillors, many of whpm will have worked with the Chairperson for several years, select the chair. The Councillors will have had the opportunity to assess the candidate's abilities - to work with others, accomplish goals and ability to lead, Members of the public would have difficulty in assessing a candidate's capability because of the lack of opportunity to observe the daily work. · The freedom to choose any citizen of Durham provides the largest pool of potential candidates, thereby increasing the likelihood of' appointing the most highly qualified person. °Choosing an outside candidate avoids resignations and by-elections · Candidates from smaller municipalities wilt have greater opportunity for being selected Chair than if they were required to run in a region-wide election 1R A chair selected in this manner will have the support and confidence of the majority of council · Costs for campaigning are kept to a minimum · Emphasizes the notion of the Region as a federation, encouraging a consensus building approach to governance · Grounded in tradition Enhances the Chair's role as an arbiter of conflicting demands · Provides that Council, rather than the Chair governs the Region Disadvantages · Lack of democratic accountabilitY since such an important position can be hetd by someone not elected to any off, ce by the electors · -I'he Chair can become "hostage" to those who select him/her · The Chair should be a stronger figure than someone who encourages and promotes co-ordination and consensus · The Chair is a superior position and it requires a superior mandate Option C: The appointment of the Regional Chair by members of Regional Council with the position open only to the members of the Regional Council. (The member would retain their elected position as well as that of Regional Chair) Advantages · Many of the advantages outlined above still apply since members of Regional Council would elect the Chair. · The second bullet from the "advantages" list is no longer applicable · The first disadvantage is also removed · It would seem that no other distinct advantages can be discerned from the current literature review Disadvantages · As currently worded the option would allow the Mayor of a municipality to also assume the role of Regional Chair, This is perceived as a disadvantage by Niagara, Halton and Waterloo albeit for different reasons. · The job of sen/ing on local and regional council would be an onerous one Option F: The appointment of the Regional Chair by the members of Regional Council at the end of the term of Council · This option was not discussed in any of the papers included here. · Legal opinion suggests that such a procedure would not be in compliance with the current act and would contravene section 233(1 ), (2) of the new Municipal Act ("If the term of office of an appointed head of council of an upper-tier municipality is the same as the term of council, the council of the upper-tier municipality shall, in the first year of its term, appoint the head of council at its first meeting.") Option G: Voting should be weighted to reflect assessment · This option was also not discussed in any of the papers, Any reference made to an alteration to one vote/one councillor was Jn general terms, not in relation to the voting of a Chairperson, ,, Legal opinion also suggests that this option would probably need two amendments to the Act before it could become regulation, I trust this information is of assistance, Yours truly, Pauline Reid RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY 1. That Clerk's Report CL 17-02 regarding Council Remuneration and Communications Policy be received: and 2. That the Communications Policy attached to Clerk's Report CL 17-02 be adopted; and 3. That Resolution #225/97 respecting Council communications be rescinded; and 4. That the by-law attached to Clerk's Report CL 17-02 to provide tbr remuneration and benefits to Members of Council be forw~ded to the Council Meeting of June 24. 2002 for enactment. REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: June 3. 2002 REPORT NUMBER: CL 17-02 SUBJECT: Council Remuneration and Communications Policy RECOMMENDATION: 1. That Clerk's Report CL 17-02 regarding Council Remuneration and Communications Policy be received. That the Communications Policy attached to Clerk's Report CL 17-02 be adopted. That Resolution/4225/97 respecting Council communications be rescinded. That the by-law attached to Clerk's Report CL 17-02 to provide for remuneration and benefits to Members of Council be forwarded to the Council Meeting of June 24. 2002 for enactment. ORIGIN: Direction provided at Management Meeting of April 29, 2002 AUTHORITY: Sections 242 and 243 of the Municipal Act FINANCIAL IMPLICATIONS' See attached by-law EXECUTIVE SUMMARY: This Report provides for the new Communications Policy that was reviewed at the Management Meeting held on April 29, 2002 and a by-law to update the remuneration and benefits available to Members of Council. BACKGROUND: Please find attached to this Report a copy of the new Communications Policy for Members of Council that was reviewed at the Management Meeting of Monday, April 29, 2002. This Policy replaces policies on newsletters, the mailing of correspondence and the use of communications equipment that date back as far as 1982 or in some cases, where the policies are only implied but are not stated in writing. Report to Council CL 17-02 Subject: Council Remuneration & Communications Policx Date: June 3. 2002 Page 2 The new Policy provides greater flexibility Ibr Members of Council by recognizing that the way in which Members of Council communicate with their constituents varies with each Member and with changing technology. Also. the new Policy provides greater clarity for staff' in administering the Communications Policy. Also attached is a draft by-law to provide remuneration and expenses to Members of Council. The role of Council has increased dramatically over the years from being that of caretakers of the municipal administration to that of a Board of Directors of a large corporation. Members of Council are expected to participate in the management of the municipality through their involvement on a large number of Standing and Ad Hoc Committees. represent the municipality at a wide range of social functions and N)ards and agencies and respond to their commtmity and constituent responsibilities. Indeed. the new Municipal Act recognizes Council's increasing role in the operation of the municipality of not only by setting the political agenda for the municipality but also by being involved in the day-to-day management of the administration. Section 224 of the new Municipal Act sets out the role of Council as follox~s: It is the role of council, · To represent the public and to consider the well-being and interests of the municipaliD': · To develop and evaluate the policies and programs of the municipaliD': · To determine which sen'ices the munieipaliD' provides; To ensure that the administrative practices and procedures are in place to implement the decisions of council: · To maintain the financial integriD' of the municipaliD': and · To carm.' out the duties of Council under this or any other Act. Section 225 of the new Municipal Act also provides that the Mayor shall carry out the lbllow'ing additional duties: It is the role of the head of council, · To act as chief executive office of the municipality; · To preside over council meetings; · To provide leadership to the council; · Io represent the municipality at official functions; and · To cart3,.' out the duties of the head of council under this or any other Act. There is no question that the increasing role of Members of Council that is expected not only through the new Municipal Act but also by the residents and the administration has the effect of increasing the time commitment of Members of Council to their political role and their primary occupation is starting to take second place to that of their elected position or their elected position has become their primary responsibility. Despite the huge commitment that Members of Council put into theft .job and despite the fact that they are the leaders of the municipality, it is ironic to note that based on the Mayor's current salary of $50,000 per annum, the Mayor's position is comparable to that ora Roads Maintenance Worker or a Construction Inspector. Based on a Councillor's current salary- of $20,000 per annum, the Councillor's position is comparable to that of a part-time Parking Control Officer or Print/Mailroom Clerk. Council last received an increase in remuneration effective July I. 2000 through the enactment of By-law Number 5434/99. (i.98 Report to Council CL 17-02 Subject: Council Remuneration & Communications Policy Date: June 3, 2002 Page 3 The attached draft by-law provides the following features: Salary. for Members of Council, like that of staff, will be based on experience gained while on the job. There will be three salary steps that will recognize the learning curve of a new Member of Council while at the same time recognizing the experience of those Members that have been on Council for a number of years. The per diem payments to Members of Council for attending all day meetings has been expanded to ten days from the current five days and the conditions for receiving a per diem payment has been expanded. · Contributions to an RRSP have been changed to reflect changes to Federal legislation. · Severance remuneration will now be paid to Members of Council who are elected to another level of government. · Extended Health Dental and Vision Care Benefit Plans will continue to Members of Council who have completed fffieen years of continuous service and cease to be a Member. · The City will continue to pay the premium costs of Extended Health. Dental and Vision Care Benefit Plans in respect of a Member's surviving spouse and dependents for up to 12 months following a Members death while in service. ATTACHMENTS: New Council Communications Policy Draft by-law Prepared By: 'Bruce Taylor, City Clerk Attachments Copy: Director, Corporate Services & Treasurer Division Head, Human Resources Recommended for the consideration of Pickering City Council Thon~ J; Quinm Cl~ef Ad~e/r ! ~TTACHNE~? ;¢ TO REPORT# CO UNCIL COMMUN1CA TIONS POLICY 1. Preamble The goal of establishing a Communications Policy tbr Members of Council is to provide a flexible policy that will provide each Member of Council with the tools the)' feel they need to conununicate with their constituents, other Members o£ CounciL stall' and outside agencies. 2. Applicabilio, Except where noted, this Pohcv does not apply to Mayor of the City of Pickcring. Clauses that do directly apply to the Mayor are identified by the notation *M&C. 3. Definitions "Cooperative Letter" shall mean a letter or other prhned docan~ent that contains intbrmation of interest to residents in more than one ward and wlfich will be mailed or distributed beyond a ward boundary and may involve the participation of a commtmity group. "Newsletter" shall mean a document ttmt is not greater in size titan tabloid sized paper {1 l"xl 7") and printed on both sides and shall contain iiztbrmation of interest to the constituents of a Member of Council. A newsletter shall not be mailed or other, vise distributed beyond the boundaries of the constituency of a Member of Council except where postal walks cross beyond the Nmndaries of their ward. In instances where Member's of Council are assigned or appointed to additional duties which may require some cross-ward boundary communication, exceptions may apply as detem~med by the City Clerk. These cross-ward mailings to fulfill additional duties shall not exceed 500 homes into a ward not represented by a Member of Council and shall not occur after Januar)' 1~ in the year of a general municipal election. "Neighbourhood Letter" shall mem~ a document that is prepared on letterhead and/or signed by a Member of Council and sent to a defined neighbourhood or community of interest witt4n the constituency of a Member of Council. ~'TTACHMENT~. / TO REPORT# ~'__~_~ ,' 2 "Website" shall mean a site on the World Wide Web that shall contain i~fformation of interest to the constituents of a Member of Council. The website may be hosted on any server so long as City IT staffare granted administrator level authorization to access the site. All relevant information, including passwords and contact inlbrmation, shall be provided to IT and IT shall be immediately notified if there is any change in that information. This access shall only be used to shut the site down in the event that the site does not conform to the Communications Policy by authorization of the Clerk or CAO. *M&C "Telecommunications Equipment" shall include all equipment capable of transmitting over landlines or wireless modes such as landline telephones, cell phones, PDA's (Personal Digital Assistant), pagers, facsimile equipment or any hybrid of these items. 4. Scope Tlfis Communications Policy is intended to establish guidelines for the acquisition and use of computer hardware and software, Internet access, telecommunications equipment, telecommunications charges, mailings, websites, newsletters and other lbrms ot~ communications media. 5. Communications Policg - Implementation and Review a. The Communications Policy is to be effective July 1, 2002. *M& C This Policy shall be reviewed every three years prior to the budget meetings that follow the general municipal election to review the appropriateness of the budgets and Policy in the context of current technology. *M&C 6. Computer Hardware/Software and Telecommunications Equiptment A budget of $10,000 per term, per Member of Council, will be in eflbct for the acquisition of computer hardware/software and telecommunications equipment. This amount shall be allocated in the IT budget and be in the amount of $20,000 annually. ATTACHMENT # , TO REPORT go h. hnmediately following a general municipal election, the Members of the new Council will be contacted bv stall' to determine their comlntmications needs. Members of Council nmv choose to be supplied with equipment reconunended by City staff or they may choose to be supplied with equipmem of their choice. At the point of delivery of the equipment. Members of Cotmcil will be required to sign the Home Eqtfipment Agreement which will set out the equipment that has been supplied to the Member and the conditimrs under which it has been supplied. IT staff' must be consulted to verifx compatibility and to clariS' 1T support opportunities. *M&C Equipment that is lost or stolen shall be replaced by the City. *M&C Equipment requiring repair will be repaired by or through IT staff but will not be replaced until the begintfing of a new Council term unless damaged beyond repak or in the event that the costs of repair exceed the costs of a new milt. In such cases, it is deemed to be a capital replacement and will not be charged to the allowance provided tbr under this Policy. *M&C In order to rccogifize thc large rural au:ca in Picketing that is outside the area served by tfigh speed lnternet access, indMdual requests for the additional reasonable cost of Internet access exceeding standard urban connection costs shall be provided. *M&C Needs for voluine or high speed printing shall be provided either within the e,'dsting City resources or through the budget identified tbr communicatioxm media wittSn this policy. *M&C No computer hardware/sotiware or teteconmmnications equipment will be purchased tbr Members of Council atier January 1'~ in the year of a general nmnicipal election unless it is a replacement milt under the conditions previously stipulated. *M&C Every Member of CoLmcil who does not continue to hold office alt. er a general mtmicipal election shall ensure that all computer hardware/software, telecormnunications equipment and mir other equipment purchased on their behalf by the City is returned to the City by November 30TM tbllox~ing the mmficipal general election. In the event the above noted equipment is not returned by the said date, the matter shall be referred to the CAO to pursue recovery. *M&C 7. Usage Charges Long distance, airtime and other charges that are incurred by Members of Council in the use of their telecommunications equipment for City purposes will be reimbursed. Charges for the use of an internet Service Provider by a Member of Council shall also be reimbursed. 8. Communications Media It is recognized that there are many various methods for Members of Council to communicate with their constituents, including newsletters, neighbourhood letters, cooperative letters and websites. *M&C The City will cover the cost of preparing, printing and mailing newsletters, neighbourhood letters and cooperative letters as well as the cost of creating and maintaining a website. A budget per Councillor of $5,500 for the first year, $5,500 for the second year and $4,000 for the final year of a term will be provided for these items. If the budget is under spent in any given year, there will be no carry-forward of dollars to subsequent budgets. Co A link to the Member of Council's City-funded .website may only be provided from the City of Picketing website under the Member of Council's profile link. *M&C The support staff assigned to the Councillor's Office are available to assist a Member of Council with the preparation of their newsletter, neighbourhood letter, cooperative letter, website or other form of communication, however, no other City staff will be involved in such preparation and any specialty work that is required will be charged to the budget prescribed for communication media or the Allowance for Outside Secretarial Services. eo The following conditions shall apply to the preparation of newsletters. neighbourhood letters, cooperative letters, web sites and other forms of communication: On or after September 1~t in the year of a general municipal election, no costs for a newsletter, neighbourhood letter or cooperative letter shall be borne by the City on behalf of a Member of Council and no mailing or distribution of any such material shall occur. *M&C A Councillor's City-funded website shall be shut down on or betbre September Ia in the year of a general municipal election. If the site is not shut down bv Septexnber 2nd of that year, City IT stall' will use their administrator status to shut down the site under the authority of the CAO. *M&C A newsletter, neighbourhood letter, cooperative letter, City web page or other communications media stroll not contain infommtion that would promote the Member of Council as a candidate in a municipal election. *M&C A newsletter, neighbourhood letter, cooperative letter. City ~veb page or other communications media shall not contain advertising that would promote a product or service ora private company. *M&C A Member of Council shall not be reimbursed Ibr communicatimts expeimes incurred ttzrough a media that has general circulation in the City of Pickering, such as a newspaper, radio or television station. individual Members of Council shall not nmkc individual grants or donations to organizations or persons. *M& C THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to provide remuneration and benefits for Members of Council. WHEREAS pursuant to Section 242(1) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, the council of a municipality may pass by-laws for paying remuneration to the members of council, and such remuneration may be determined in any manner that council considers advisable; and WHEREAS pursuant to Section 242(2) of the said Act, the remuneration to be paid may be determined in different manners and be of different amounts for different members of council: and WHEREAS pursuant to Section 243(1) of the said Act, the council of a mtmicipality may provide by by-law for paying in whole or in part such expenses of the members of council as are actually incurred as a result of their acting either within or outside the municipality in their capacity members of council and as are authorized by the by-law; and WHEREAS pursuant to Section 243(2) of the said Act, a by-law passed under subsection 243(1) may set maximum amounts or rates that may be paid in respect of any expense for which payment is authorized by the by-law; and NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: In this by-law, a) "Corporation" means the Corporation of the City of Pickering. b) "Member" means any person who is a Member of the Council of the City of Pickering. c) "Service" means any period of service as a Member and shall include a Member's period of service occurring prior to December 1, 2000. d) "Severance Remuneration" means the amount of money calculated in accordance with Section 6(b) of this by-law. a) b) The remuneration payable to the Mayor shall be as follows: First year in office Second consecutive year in office Third and subsequent consecutive years in office $54,000.00 $58,OOO.OO $6O,OOO.OO Section 2(a) is hereby retroactive to December 1, 2001. a) The remuneration payable to a Councillor shall be as follows: First year in office Second consecutive year in office Third and subsequent consecutive years in office $22,000.00 $24,000.00 $25,000.00 b) Section 3(a) is hereby retroactive to December 1, 2001. a) b) The Mayor shall be paid a per diem rate of 0.6% and a Councillor shall be paid a per diem rate of 1.0% of their annual salary for, attending a full day special meeting of Council or a conm'fittee called by the Mavor pursuant to Bx'-law 3605/91. ii) attending a full day special meeting of' Council or a committee catted by a majority of Councillors pursuant to By-law 3665/91. iii) attending a meeting, workshop, seminar or convention authorized by the Mayor. by policy, such as: attending a full day meeting of an ad hoc committee called by the Mayor or a nmjority of Councillors. attending a full da)' meeting as a representative of Council on an issue that is under consideration by Council. attending a full day v, orkshop, seminar or convention as a representative of Council. A Member shall be eligible for a maximum of ten per diem payments as noted in Section 4(a) above in any calendar year. a) b) C) A Member may contribute to a Registered Retirement Savings Plan (RRSP) under Federal legislation to which the Corporation will match to a maximuln of 9% of the Member's salary. Evidence of a contribution by a Member towards an RRSP as set out in Section 5(a) shall be made to the Treasurer no later than December 31 ~ in any given year and the City's contribution shall be made no later than Januarx 31~ of the next calendar >'ear. Section 5(a) is hereb~ retroactive to January 1,2002. a) b) A Member, with service of more than three consecutive years, nm)', upon written application to the Clerk therefore by the Member, or bv a representative appointed in writing by the Member, receive severance remuneration upon ceasing to be a Member by reason of: i) election defeat: ii) resignation: iii) leaving office: iv) election to another government body: or v) dying while in office it' the Member is 65 years of age or over mad not eligible to receive benefits under the City"s group life insurance program; No Member shall be entitled to receive severance remuneration who ceases to be a Member by reason ot: or by resignation which, is a result of or given in anticipation o f: i) removal fi-om office by judicial process; or ii) notwithstanding Section 6{a)(iv) aNwe, disqualification under or operation of any Act of the Parliament of Canada or the Legislature of the Province of Ontario. c) d) Severance remuneration shall be equal to one month of salary for a Member, times the number of years of consecutive, uninterrupted full service of the Member, to a maximum amount payable of 24 months remuneration. A written application for severance remuneration must be received by the Clerk within six calendar months of a Member ceasing to be a Member, otherwise any entitlement to severance remuneration shall be forfeited. o a) b) For Members who have completed fifteen years of continuous service and cease to be a Member for the reasons set out in Section 6(a)(i to v), the Corporation shall pay 100% of the premium cost of the Extended Health, Dental and Vision Care Benefit Plans until the Member attains age 65. The Corporation will continue to pay 100% of the premium costs of the Extended Health, Dental and Vision Care Benefit Plans in respect of a Member's surviving spouse and dependents for up to twelve (12) calendar months following a Members death while in service. BY-LAW read a first, second and third time and finally passed this 24th day of June, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Mavor Arthurs be authorized to make the following proclamation: "National Aboriginal Day" - June 21. 2002 "Licence-Free Fishing Weekend"- July 5 through July 7, 2002 "Falun Dafa Day" July 18. 2002 Native Cultural Centre of Durham Region Cultural Centre Of Durham Rtlfion 5th Annual ~i'raditional POWWOW Honouring Our Youth r¢ .~ :~ All Are ',~,elcome !, ~ Admission: $2.00. Children and Elders Free Dear Mayor and Members of Council: The Native Cultural Centre of Durham Region is a community-based organization that has been hosting educational and cultural events reflecting traditional Native perspectives since 1997. We have been fortunate to be honored by the support of many citizens and businesses in our endeavors. We hope that you and your Council will be able to acknowledge National Abori.clinal Day to be celebrated on Friday June 21st 2002. We would also like to take this opportunity to invite you and your residents to our 5th Annual Traditional Pow Wow - "Honourinq Our Youth". Children are our most cherished gifts from the Creator and our most important investment for the future. They learn by example, experience and being included. It takes a community to raise a child. Their imagination, creativity and spirit keep us all young. A great social get together, a joyous occasion, a lot of fun, a time of learning and renewal, and an intensely deep, spiritual experience - this traditional gathering will feature Native singers, dancers in full regalia, Elders, Veterans, Flag and Staff Carriers moving to the Big Drum heartbeat of Mother Earth. Art, Craft and Food Vendors will offer a variety of traditional and Canadian fare for sale to the general public. Please join us on Saturday June 22nd and Sunday June 23rd 2002 from 10 a.m. at Durham College - 2000 Simcoe Street North, Oshawa. Grand Entry at noon each day. Chi Meegwetch. (Thank you.) The Native Cultural Centre of Durham Region. The Steering Committee Ontario Family Fishing Weekend 4k - CNSF ONTARIO FEDERATION OF ANGLERS & Box 2800 Pe erberouth, Ontario, K9JgL5 (705) 74g-6324/Fax 1705) 74g-9577 Ontario November 2001 TO' SUBJECT Alt Ontario Municipalities '~00'~ Ontario Familx Fishino \Veekend As '~ou knox,, the Province o[ Ontario. in partnership with many nongovernment organizations like the Ontario Federation o1' Anglers and Hunters, declares one summer weekend (Frida)..luh -x through Sunday. Julx ,. ,()0_) a licence-free fishim, ,,~ eekcnd. This special xxcckcnd, no~x run in conjunction xxith National Fishing Week, includes fish t'cstix als. clinics, or conserx ation and educational activities that may be held in xour area. Would xou please help us publicize tile £ ){)2 Ontario Famih Fishing Weekend in any calendar of summer exents xou i'na', participate in or publish, tn addition. please consider "dectarinz" the xxcekcnd. For further inibrmation, please contact the t'olloxx lng during business hours: Ontario }:cdcration of An~icrs and t hinters Conservation Ontario Ontario hlinistr,, of Natural Resources No~hern Ontario Tourist t)uttittcrs Resorts Ontario (705) 748-6324 (905) 895-0716 (705) 755-2551 {705) 472-5552 ~ 705) 325-9115 Thank xou for xour assistance. Yours in Conservation, Mark Hohnes. Chair Ontario Famih' Fishin~ VVeekend Steering Committee 30 May 2002 Dear Mayor Arthurs and Members of Council: We write to you to respectfully request a proclamation in celebration of "Falun Dafa Day" on July 18, 2002, or a resolution letter to condemn the brutal persecution of Falun Gong practitioners in China. As you may know, Falun Gong is a peaceful practice for improving mind, body, and spirit. Its practitioners follow the principles of Truthfulness, Compassion, and Forbearance to become healthier, more moral, and better people. Around the world, Falun Gong has been widely recognized, welcomed, and commended. In China, Falun Gong was supported and awarded by the government for years. It won the prestigious frontier science award in 1992 and 1993. In 1996, Zhuan Falun, the complete book of teachings of Falun Gong, was China's national bestseller. Experts say the unprecedented popularity of this practice was seen as a threat to the Chinese totalitarian r6gime. In 1999, the Chinese President ordered a brutal crackdown and defamation campaign against Falun Dafa and its over 70 million practitioners in China. Nearly every established human rights organization has attested to the severity of this persecution, which: · violates 30 articles of the United Nations Universal Declaration of Human Rights; · violates 9 articles of the Chinese constitution; · includes at least 10 different types of Crimes Against Humanity, based on International Criminal Court (1CC) classifications; · has caused at least 390 deaths from torture and ill-treatment; · has sent 20,000 to labour camps without trial. Meanwhile, groundless hate propaganda has been pumped all over China and the rest of the world. After more than two years of slander and violent persecution, Falun Gong practitioners and world citizens persevere in peacefully defending Truthfulness-Compassion-Forbearance. In the words of Mr. Li Hongzhi, the founder ofFalun Dafa: "We are not against the government now, nor will we be in the J~hture. Other £eo£ie ttz~x' trec~t us badly, but we do not treat others bad(v, nor do we treat people c~s enemies." Despite the severe persecution, there has not been a single reported instance of a practitioner striking back at police or captors. As we celebrate Falun Dafa Day, we honour the compassion and noble spirit of those who continue to step forward to help protect peace and virtue in our world. People who practice Falun Gong are active in their communities. Practitioners frequently offer free exercise teaching and introductory workshops at universities~ parks, community centers, and libraries in cities and towns across Canada. Falun Gong practitioners have brought colourful floats and peaceful presentations to town fairs, multicultural events, parades, and other celebrations nationwide. In recent years, Falun Dafa has received over 600 proclamations and letters of support from mayors and government officials in North America alone. in 2000 and 2001, Mr. Li was nominated for the Nobel Peace Prize. Your proclamation or resolution letter would be an important voice representing Canadian citizens in upholding justice, peace, and Truthfulness- Compassion-Forbearance, and xx'ould also speak for the millions oF practitioners in China who have no voice but continue to believe that goodness will prevail. Thank you for your kind attention and consideration. Please contact us if you would like additional information. X, Ve look t'orward to hearing from you. Sincerely. Malw Zhu Falun Data Association of Canada 4 Bovlston Lane Kanata. Ontario K2L 2W2 Email: maryzhu(~ rogers.corn Telephone: 613-836-9770 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Report CS 12-02 of the Director, Corporate Services & Treasurer, regarding 2002 Tax Rates be received for information; and That the 2002 tax rates for the City of Pickering be approved as contained in Schedule A to By-law #5992/02 attached hereto; and That the attached By-law #5992/02, providing for the imposition of the tax rates approved under Recommendation 1 above, be read three times and approved; and o That the tax levy due dates for the Final Billing be July 15. 2002 and September 16, 2002 excluding the industrial, multi-residential and commercial realty tax classes: and o That the Director of Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; and o That the Director of Corporate Services & Treasurer be authorized to make any changes to the final tax rates to comply with Provincial regulations: and 6. That the appropriate staff of the City of Pickering be given authority to give effect thereto. ~f~itq a~ & PICKERING REPORT TO COUNCIL FROM: Gillis A. Paterson Director, Corporate Services & Treasurer DATE: May 28, 2002 REPORT NUMBER: CS 12-02 SUBJECT: 2()()2 'Fax Rates for all ('lasses of Property and Final Tax Due Dates for All Realty Tax Classes Except for Commercial. industrial ch Multi-Residential Realtx (?lasses RECOMMENDATION: That it is recommended that report CS 12-!.)2 of the Director, Corporate Services & Treasurer be received ibr intbnnation and that: 1. the _00_ '~ "tax rates lbr the City of Pickerino= be approved as contained in Schedule A to By- laxx No.5992 02 attached hereto: 2. the attached Bx--laxv No. 599212 providing ibr the imposition of the tax rates approved under Recommendation 1 above, be read three times and approved: 3. the tax levx due dates tbr the Final Billing be July 15, 2t ~; and September 1(3, 2002 excluding the industrial, multi-residential and commercial realty tax classes: 4. the Director of Corporate Services & Treasurer be authorized to make anx changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed: 5. the Director of Corporate Services & Treastirer be authorized to make any changes to the final tax rates to comply with Provincial regulations: and. 6. the appropriate stalTofthe City of Pickering be given authority to give effect thereto. ORIGIN: Director, Corporate Services & Treasurer AUTHORITY: The Municipal Act, R.S.O. 1990, as amended, and Regulations Thc Assessment Act, R.S.O. 1990. as amended, and Regulations Thc Education Act, R.S.O. 199(I. as amended, and Regulations FINANCIAL IMPLICATIONS: Not applicable Report to Council CS; 12-02 Subject: 2002 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes Date: May 28, 2002 Page '~ EXECUTIVE SUMMARY: .Adoption of the above recommendations and the attached By-law provides for the levying of tax rates required to raise the levy approved in the 2002 Current Budget of the City of Picketing and to lex')' tax rates for education and for the Region of Durham. BACKGROUND: The 2002 final tax billing process will consist of two separate components: 1. residential properties; and, 2. commercial, industrial and multi-residential realty classes. Citx's Net Tax Levv and Tax Rate Increase On April 2, 2002, City Council approved Report CS 05-02 of the Director of Corporate Services & Treasurer that provided for a tax levy of $27,249,107 resulting in an overall tax increase of 7.66%. This increase is applied to the "City portion" of the property tax bill. 2002 Tax Rates & Property Taxes The final 2002 tax rates are submitted to Council for approval in the form of the 2002 Tax Lex'>, By-taw (Appendix A). Table one below, provides a comparison of the property taxes to be levied on an residential property assessed at $200,000 for 2001 and 2002. Table One 2001 & 2002 Residential Property Taxes 2001 2002 1NCR INCR. $200,000 $200,000 $ % ASSESSMENT ASSESSMENT City $693.71 $751.12 $57.41 8.28 ~ 3 Region 1,410.59 1,461.80 51.21 a.6_ Education 746.00 746.00 Total $2,850.30 $2,958.92 $108.62 3.81 Overall, the combined 2002 residential taxes for City of Pickering residents will increase by $108.62 or 3.81% for a household assessed at $200,000. (The residential education rate is established by the Province.) Known Impact of Tax Policy (Ratio Changes) This year, the Region of Durham reduced the tax ratio's for the following property classes: large industrial, office building and multi-residential. In addition the Region also increased the tax ratio for the shopping center class. The net effect of these tax ratio changes was to shift more of the financial responsibility to the residential tax class. Therefore, the 8.28% increase in property taxes is due to a budgetary increase of 7.66% and tax ratio shift of 0.62%. 1.4)_ Report to Council CS '~ '~ Subject: 2002 Tax Rates fbr all Classes of PropetT> and Final Tax Due Dates ibr All Realty Tax Classes Except Ibr ('ommercial, Industrial & Multi-Residential Rcaltx Classes Date: May 28.21)02 Page x Impact of Tax Policy Chan~es Thc City of Picketing is able to retain tile education portion of non residential Paxment-in-licu (PIL) properties. For PIL residential properties, tine City does not keep tine education taxes except ibr thc Federal Airport Lands, Thc City's largest P1L propcn.x is the Ontario Per, er ©eneration nuclear facility. For this propert) . the estimated 2002 education taxes {before tax policy changes) is approximately 51.4 million. This property's assessment is approximately 599.5 million consisting of thc iblloxvin,,' 5,59.1 million large industrial tax class: $2()." million commercial tax class and 519.0 million in tile office building class. When the Region of Durham redtzccd tile tax ratio for thc large industrial and office building class it also reduced the con'csponding property tax education rate for these tax classes. The preliminau revenue loss for education PlLs is approximately 5250,000 and could be higher. :ks of *lay 29, _00_, taxation staff have not yet received thc education tax rates from the Region fbr the non residential tax classes. (The Region of Durham is responsible for fine calculation of the education tax rates lbr the various classes.) The reason Ibr the delay is due to the fact the Province has not ,,'et finalized the regulation requied for tile calculation of the education rates. Regional staff have asked tile Province to "fast track" thc issuance of the regulation. The educanon tax rates haxe to be approx ed by Regional Council and it is anticipated that the Region xxill approve these rates in their last meeting in ,1 uno. Tax Due Date Installments Recommendation 3 provides fbr the duc dates for tile pa.xmcnt of residential taxes being JuLy 15, 2002 and September 16. 20(_)2. Last ,,'ear tile residential due dates v:erc September 14 and October 15 duc to delays wtnile the Province implemented tile "standaridized tax bill.". In order to meeting the Provincial billing requirements of 21 days notice, tiao tax bills haxe to be in tine mail by June 24:~ . Other Recommendations 1 and._' provide Ibr tile tex'vin5 of all tax rates on all classes of property even though the non residential properties will be billed at a later date because tile claw back percentages have not vet been detemlined and x~e staff are waiting lbr tine educational taxes for the non-residentail tax class. Staff have received adxice that the claw back percentages should be included in tine billing bv-laxv. Therefore. staff will bring a separate report to Council regarding tiao tax billing of non residential rcaltx classes hopefully for Council's summer meeting. Staffs preliminaU' estimate for thc final i-lei2- residential due dates arc' September 27, 2002 and October 29. 2002. Recommendations 4 and 5 will allow tile Director of Corporate Services & Treasurer some latitude, limited by Provincial legislation, in cffecting whatever may be necessary in order to ensure the taxes are billed properly and in a timely fashion. ATTACHMENTS' 1. _00, Tax Rate By-Law Report to Council CS 12-02 Subject: 2002 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes Date: Mav 28. 2002 Page 4 Prepared By: Approved / Endorsed By: Stan Karwowski, Manager. Finance 8: Taxation GAP:vw Attachments Gillis A. Paterson, Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City Council Tbon~a;'s J.-Quinn, ~hief A~minis~ Office( THE CORPORATION OF THE CITY OF PICKERING BY-LA\V NO, 5~;92 Being a by-law to adopt fine estimates of all sums required to be raised by taxation for the year 2!)!t2 and to establish tile Tax Rates Inecessar\' to raise stlch sunns. WHEREAS it is necessary lbr the Council of The Corporation of the City of Picketing. pursuant to the Municipal Act. R.S.O. 199tL ch..hi.45, as amended, to pass a by-lax\ to levva separate tax rate on tile assessment in each property class: and, \VHERE:\S thc propert5 classes haxe been prescribed by thc Minister of Finance under tile Assessment Act, R.S.O. 199(1, cln. A.31, as amended and its Regulations: and, \VHEREAS it is necessary for tile Council of The Corporation of the City of Picketing, pursuant to tine Municipal Act, to levv on tine whole ratable property according to the last revised assessment roll for Tile Corporation of the City of Picketing tine sums set forth tbr various purposes in Schedule "A-. ibr the curt-chi year: and. WHEREAS the Regional Municipality of Durham has passed By-lay,' No. 22-2002 to establish tax ratios and Bv-Lax~ 21-20/)2 to adopt csmnatcs of all sums required by Thc Regional Municipality of Durham for the puu>oses of tine Regional Co~oration and Bv- I_ax~ 25-2()02 to set and levv rates of taxation ~br Regional Solid Waste Management and Bx-laxx No. 23-20()2 to set and low rates of taxation tbr Regional General PLH]~OSOS and set tax rates on Area Municipalities: and. WHEREAS thc Regional Municipality of Durham has provided tine 2002 education tax rates for tile residential reahv classes', and, \VHEREAS sub section 392(4)and (5)of the NlunicipaI .Act. as amended, permits tile issuance of separate tax bills for separate classes of real property for 2002: and, \VHEREAS an interim levv was made by tile Comncil of Tile Corporation of the City of Picketing tpursuant to Bx-lav,' No. 5951 02 beIbre tile adoption of tine estimates for the current ','ear. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS .AS FOLLO\VS: For the year 2002. Tine Corporation of the City of Picketing (the "City") shall levy upon the Property Classes set out m Schedule "A", the rates of taxation as set out in Schedule ".A", lbr thc City of Picketing, tile Region of Durham and for Education purposes on the cun'ent value assessment as also set out in Schedule "A". Where applicable, taxes stnall be adjusted in accordance v,'itln Bill 140, as amended and its Regulations. The levy provided 1bt in Schedule "A" stnall be reduced by the amount of the interim levy for 2002. Tlne Tax Levy due dates for tine Final Billing be ,luh' 15, 2002 and September 16, 2002 for all classes excluding tine non residential tax classes. If any section or portion of this By-law or of Schedule ""A"' is found by a court competent .iurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Picketing that all remaining sections and portions of this By-law and of Schedules "A" continue in force and effect. 5. This By-law comes into force on the date of its final passing. BY-LAW read a first, second and third time and finally passed this day of June. 2002. Wayne Arthurs, Mayor Brace Taylor, Clerk 20C2 XXXXXXX× 41.182 $ 20,083,634 ", 5 dr ~ Full - Shared PiL '," :-f 22 9,3* ~4,675 Total Assessment :! '~: ' }42 Footnotes Payments ~n lieu of taxes at :ne General Rate excludes theeducahon tax 'ate coms, 3ne¢' Theedueation rates for me non-res,2entiai realty tax classes witl be reflectec ~ ire''-a repori for these classes _- £- £'4~'fi7 S 53031,621 $ 20,704 831 S 100,985,560 6'5/2002 Region bylaw schedule_202 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Report CS 13-02 of the Director, Corporate Services & Treasurer, regarding Development Charges be received; and That effective July 1, 2002, as provided for in Section 16 of By-law 5546/99, the Development Charges referred to in Sections 6 and 11 of that by-law be increased by 1.9 percent being the annual increase in the Construction Price Statistics as reported by Statistics Canada for the year ended March 31, 2002; and 2. That the appropriate officials of the City of Pickering be given authority to give effect thereto. PICKERING REPORT TO COU NCIL FROM' ©illis A. Paterson Director, Corporate Serx ices ~_x: Treasurer DATE: May:S,;002 REPORT NUMBER: ('S 13-~C SUBJECT' Development Chard,es= ~ RECOMM ENDAT1ON: It is recommended that Report CS 13-<t,?,' of thc Director. Co~,'porate Services ck Treasurer be received and that: _00_. as proxided lbr in Scctio~ lo of Bx-Laxx 5540 99, thc Development 1. effective JuN 1, > ~ Charges referred to in Sections 0 anti l 1 of that bx-laxx be increased by 1.9 percent being the annual increase in tt~e Construction Price Statistics as reported by Statistics Canada for the _ ,OIL. and, year ended March I1. ' " 2. the appropriate officials of the Citx of Picketing be gix on auttnoritx to <ire el%ct thereto. ORIGIN: Report FiN 22-99 of'the Director of Finance ~k: I reasure~' AUTHORITY: Report FIN 2£-99 of the Director of Corporate Scrx ices and Treasurer and Resolutioi7 =10 9 99, Clause 0, of the Council of the City of Pickcrin2. By Law 5540 99 Development Charges Act, 1997, as amended, and Regulations thereunder. FINANCIAL IMPLICATIONS' Increasing the Development Char~,es= bx 1.9 percent v, il] assist in kccpin~ the revenues generated thereunder in line with current costs. The residential dexelopment char?s for single and semi detached units will increase by approximately 5135, other residential charges will increase similarly and the commercial industrial charge v, ill increase bx approxinnately $().24 per square metre. Report to Council CS 15-02 Subject: Development Charges Date: May 28, 2002 Page 2 EXECUTIVE SUMMARY: Adoption of the recommendations of this report ~vill put into effect for the period July 2002 to June 2003 increases that are provided for in the Provincial Legislation and By Laxv 5546/99 and are needed to finance construction costs under the City's Development Charge Study adopted by Council in August 1999. This is an annual adjustment needed to keep revenues current with costs. BACKGROUND: As provided for in the Provincial Legislation and in the City's By Law 5546/99, each year the development charges charged by the City for all types of development may be increased without amending the by-law. Adoption of the recommendations contained in this report will allow that increase to take effect July 1, 2002 thereby assisting in keeping our revenues in line with the costs that development charges go towards.. Statistics Canada indicates the increase in the Construction Price Statistics for the most recently available annual period ending March 31, 2002 of 1.9 percent for non-residential construction cost index (an indicator of our costs of construction) for the Toronto area. The change is reflected in the table attached. The City's obligations under Recommendations contained m the same report FIN 22-99 to Council in the form of contribution to the Development Charges-City's Share should also increase by 1.9 percent or approximately S50,000 annually to $2,660,000. The 2002 Budget contained $800,000 for this purpose. The Commercial / Industrial Development Charge remains at the Council approved level of approximately 50 percent of the justified cost recove~ amount, meaning the City has to contribute to the balance. The Council of the Region of Durham recently approved the same change to the development charge the City collects on their behalf. ATTACHMENTS: 1. Residential Development Charges 2002/2003 Prepared By: Approved /Endorsed By: Caryn Kong Senior Financial Analyst Gillis A. Paterson, Director, Corporate Services & Treasurer GP:vw Attachments Recommended for the consideration of Picketing City Council --~ ~' '""'?I ! /'-~-"--~ ,~'/~ Oui& ', C ief A istrati,,e Yf cer CITY OF PICKERING RESIDENTIAL DEVELOPMENT CHARGES Effective Juh' 1. 2002 PER D~A'ELLING UNIT Service Single & Apt. One Bdrm Apt. T;vo Bdrm Other Category Semi Detached & Smaller & Larger Dwelling Units Growth Studies 11 ) 48 0: 92 Fire Protection 170 '4 V¢~ 145 _ .6_ 1.51() Transportation ; '~9 2.t)l - 2,973 Transit 244 101 135 201 Parks & Rec 2,685 1.11S 1.494 2,200 Library 406 169 --~ ~ ' < ~ ~2 TOTAL 7,253 3.()21 4 C9 5.943 Non-Residential - 512.05 per sq. metre RESIDENTIAl, DEVELOPMENT CHARGES Effective July 1, 2001 PER D~,VELLING ['NIT Service Single & Apt. One Bdrm Apt. T~o Bdrm Other Category Semi Detached & Smaller & I.arger D~'elling Units Growth Studies 111 47 01 9!) Fire Protection 173 -x 95 142 Transportation 3,561 1.4S3 1,9'~9 2,91S '~ ' 9!) Transit __,9 1 ~ 'z 197 Parks 8: Rec 2.1 _,6~ 6 1,097 1.405 59 Libra~' 398 1(~¢~ 221 320 TOTAL 7118 2,905 Non-Residential - $12.41 per sq. metre Dollar Increase: Residential 135 50 -< 111 Non-Residential $0.24 ~ RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Report PD 28-02 of the Director, Planning & Development, concerning Disposal of Lands, Shirley Street, be received; and 1. That the Director, Planning & Development be authorized to commence the process to stop- up and close Shirley Street, Plan 473, Pickering, for the purpose of sale; and 2. To initiate the required documentation, in a lbrm satisfactory to the Solicitor for the City, to finalize the matter. REPORT TO COUNCIL FRO.M: Neil Carroll Director, Planning ck Development DATE: June 3. ~ '~ REPORT NUMBER: PD28-02 SUBJECT: Disposal of Lands - Shirley Street, Plan 4-3. Picketing _ t'"('~ Our File: RE )_ )_ RECONiM ENDATION: A Resolution should be passed authorizing the Director. Plannink: & Development to: ia) commence the process to stop-c~p and close Shirley Street. Plan 473, Picketing, for the puq>ose of sale; and initiate the required documentation, in a fornxa <atisfactorv to the Solicitor Ibr thc City, to finalize the matter. ORIGIN: (a) Request from tile Citx's Economic I_)cxelopment Section dated April 29, 2002, on behalf of the GAO, to initiate tile land disposal process ibr this property. (b) City's ongoing rexiex~ of municipally-ox~ ned properties no longer required by the Corporation _; ,300and'~15 AUTHORITY: .'tlt,~icff~d..tc¥. R.S.O. 199~). chapter N1.45, sections TM - - . FINANCIAL IMPLICATIONS: Appraised Value Advertising, appraisal, survey costs and legals fees disbursements {City's Cost) Not ;'et determined $2,000 (approx.) EXECUTIVE SUMMARY: In 2001, thc City undertook a process to rexicx~ ail municipall)-oxvned properties to determine which properties were no longer required bx the C'itx Ibr municipal purposes. City staff have detem'dned that tile subject propcrt> ki1oxt n tis Shirley Drive, Plan 473, with tile exception of a 4.0 metre xvalkxvav connection to the x~ alkxx a', from Lightfoot Place, is no longer required by tile City. Tile property has been slated Ibr disposal in 2002. In this instance, because the property is dedicated as a public hi~hx~ax, thc twoccss to stop-up and close it must be itl accordance with the Nlunicipal .-',,ct. v, hich takes precedence ox cr the City's Sale of Surplus Land Policy and which must occur prior to declaring ~t suu>lus 1bt the purpose of sale. Report to Cocmcil PD 28-02 Subject: Disposal of Lands -Shirley Street June 3. 2002 Page 2 BACKGROUNT): Tile subject property is a road allowance known as Shirley Drive (dedicated as a public highway on Plan 473), which is located on the east side of Rosebank Road, south of Sheppard Avenue. The property has a width of 20 metres and depth of 61 metres. When Plan 473 was developed, the land encompassing Shirley Drive was dedicated on the plan for future road purposes in anticipation of it continuing easterly upon the development of the adjacent lands. In 1986, when thc easterly abutting plan (Plan 40M-1437) was developed it xvas determined that, due to the development pattern of Plan 40M-1437 and the grade differential between the plans, the connection of a roadway through both plans was no longer feasible. The City has retained this property providing a pedestrian connection from Lightfoot Place to Rosebank Road, but has now determined that it is no longer necessary to retain the entire property for municipal purposes. :\s the subject lands constitute a public highway, the road closing process, as governed by the .X/u~tici?al Act, takes precedence over the City's Sale of Surplus Land Process. As such, section 300( 1 ) of the Munici?al Act states, in part that: Before passing a by-law for stopping-up, closing and selling or leasing a highway. ............ (a) notice of the proposed by-law shall be published at least once a week for four successive weeks ............... ; and (b) the Council shall hear any person who claims that person's land will be prejudicially affected by the by-law and who applies to be heard. Accordingly, the entire property will be subject to the road closing process. Upon completion of the road closing process the matter will return to Council to formalize the road closing by-law and to declare the lands surplus for the purpose of sale. At that time it is recommended that the City retain a 4.0 metre wide pedestrian xvalkway along the south side of the property to protect the continuance of a permanent walkway linking Lightfoot Place and Rosebank Road. The remaining 16.0 metres (subject to an easement in favour of the City) would be declared surplus for the purpose of sale for the eventual development of a single detached dwelling unit in accordance with the zoning of abutting residential properties. A Resolution should be passed authorizing the Director, Planning & Development to: commence the process to stop-up and close Shirley Street, Plan 473, Pickering for the purpose of sale; and (b) initiate the required documentation, in a form satisfactory to the Solicitor for the City, to finalize the matter. Report to Council PD 28-02 Subject: Disposal of Lands Shirley Street ,-, q } ~ June _~..( (}- ATTACHMENTS: l. Location Map 2. Sitc Skctch Prepared By: Denise Bye{ Coordinator. Property and Development Services Approxcd EndorsedBv: Tim Nloore Nlanagcr, Buitdin24 Scrx'iccs (CBO) ? Nell Ca~T~IP, RPP D it'ector. P ~ ~& Development DB/jr Attachmcms Copy: Chief Administrative Officer Director. Opcrations and Emer.~cncx Services Recommended for thc consideration of Pickerino City Council T~m~ J. Ouin~ Chier~&dlni~ivc OfI~c,' /~TTACHUENT iI! ,, / TO AUTUMN CRES, ~Y ~ ~ m n,' ' _ P AVENUE SHEPPARD AVENUE DUNFAIR ST. CRESCENT RAINY STEEPLE HILL ROAD ~OUGE HILL TOYN EVAL[ City of Pickering ROAD ATWOOD Planning & Development Department DATE MAY 30, 2002 Site Sketch ATTACHMENT ~, ~ T0 REPORT/' PD._....~'- c ~ CITY OF PICKERING DOWN S C ( N Y PLAC[Z I '~- S U,'SJEC T ~CTEEPLE OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINERING DIV1SiON 1:2 500 DECEMBER 2001 PROPERTY REPORT ROSEBANK ROAD