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June 5, 2023
Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public may attend the meeting in person, or may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. Page 1. Roll Call 2. Disclosure of Interest 3. Delegations Members of the public looking to provide a verbal delegation to Members of the Executive Committee may do so either in person, or through a virtual audio telephone connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 10 minutes shall be allotted for each delegation. Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 4. Matters for Consideration 4.1 Director, Corporate Services & City Solicitor, Report AS 01-23 1 Urban Farming - Backyard Egg Production Recommendation: 1. That Report AS 01-23 be received; and, 2. That an urban farming pilot project not be implemented at this time. 4.2 Chief Administrative Officer, Report CAO 04-23 6 Draft City Property Naming Procedure (ADM 110-006) - Amendments to the Facility & Park Naming Procedure (ADM 110-006) Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1. That Report CAO 04-23 regarding amendments to the Facility & Park Naming Procedure (ADM 110-006) be received; 2. That Council endorse the draft City Property Naming Procedure (ADM 110-006), as set out in Attachment 1, subject to minor revisions acceptable by the Chief Administrative Officer; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 4.3 Director, Corporate Services & City Solicitor, Report CLK 07-23 25 Procedure By-law Review and Updates Recommendation: 1. That Report CLK 07-23 regarding the Procedure By-law Review and Updates be received; 2. That the draft By-law, included as Attachment #1 to CLK 07-23, be approved and enacted; and, 3. That the appropriate City of Pickering Officials be authorized to take such actions as are necessary to give effect to the recommendations in this Report. 4.4 Director, Community Services, Report CS 16-23 214 Community Association Lease Agreements - Tennis Clubs Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Amberlea Tennis Club set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Dunmoore Tennis Club set out in Attachment 2 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Glendale Tennis Club set out in Attachment 3 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 4. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Rosebank Tennis Club set out in Attachment 4 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 5. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Maple Ridge Tennis Club set out in Attachment 5 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 6. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Sandy Beach Tennis Club set out in Attachment 6 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 7. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 4.5 Director, Community Services, Report CS 17-23 277 Summer Community Events - Request to Permit Esplanade Park Recommendation: Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Jennifer O'Connell, MP Pickering-Uxbridge, on Friday, July 21, 2023 for the purpose of hosting a free movie in the park to the general public, subject to terms and conditions satisfactory to the Director, Community Services and the Chief Administrative Officer; 2. That Council authorize staff to issue a park permit for the use of Esplanade Park by Ontario Culture Days for the Dohl Music and Dance Performance on Sunday, September 17, 2023 as rehearsal date, and Sunday, September 24, 2023 for the purpose of providing a free music and dance performance in the park to the general public, subject to terms and conditions satisfactory to the Director, Community Services and the Chief Administrative Officer; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 4.6 Director, Community Services, Report CS 18-23 282 West Shore Skate Spot - Commission of Public Art (Community Mural) Recommendation: 1. That Council endorse that the commission of public art for West Shore Community Centre Skate Spot be awarded to fatspatrol (Fathima Mohiuddin) & Mural Routes in the amount of $31,979.00 (HST included); 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $28,798.00 by a transfer from the Public Art Reserve as provided for in the 2023 Current Budget; 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between fatspatrol (Fathima Mohiuddin) & Mural Routes and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.7 Director, Community Services, Report CS 19-23 346 Request for Proposal - Recreation & Parks Master Plan Recommendation: 1. That proposal for Request for Proposal No. RFP2023-3 submitted by Monteith Brown Planning Consultants for the Recreation & Parks Master Plan and Arena Strategy in the amount of $224,820.00 (excluding HST) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the Recreation & Parks Master Plan in the amount $228,777.00 (net of HST rebate) from as approved in the 2023 Current Budget as follows: a) The sum $171,583.00 to be funded from the Development Charges – Parks & Recreation Reserve Fund; b) The sum of $57,194.00 to be funded from Property Taxes; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.8 Director, Community Services, Report CS 20-23 350 Rotary Frenchman’s Bay West Park - Direct Commission of Public Art Recommendation: 1. That Council endorse that the direct commission of public art for Rotary Frenchman’s Bay West Park be awarded to SpruceLab Inc. in the amount of $80,000.00 (HST included); Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $72,043.00 to be funded by a transfer from the Public Art Reserve as approved in the 2023 Current Budget; 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between SpruceLab Inc. and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.9 Director, Community Services, Report CS 21-23 386 Millennium Square – Purchase of Public Art - Commission of Public Art for Winter Wonderland Recommendation: 1. That Council endorse that the commission of temporary public art for Millennium Square as part of the Winter Wonderland event be awarded to Studio Jordan Shaw in the amount of $25,000.00 (HST included); 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $22,513.00 from Property Taxes, as provided for in the 2023 Current Budget 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between Studio Jordan Shaw and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.10 Director, Engineering Services, Report ENG 06-23 437 Amendment to By-law 6604/05 - Schedule 12, Full Load Highways Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1. That the attached draft by-law be enacted to amend Schedule “12” to By-law 6604/05 to provide for the regulation of parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address an update to Schedule “12” Full Load Highways; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.11 Director, Engineering Services, Report ENG 08-23 450 Waterfront Trail Reconstruction - Bruce Handscomb Memorial Park to Elvira Court Recommendation: 1. That Council approve retaining the services of the Toronto and Region Conservation Authority for project management and construction services for the Waterfront Trail Reconstruction, Bruce Handscomb Memorial Park to Elvira Court, in accordance with the City’s Purchasing Policy Appendix 1 Exceptions, item 8; 2. That Council authorize staff to execute a letter of agreement with the Toronto and Region Conservation Authority for the project management and construction services for the Waterfront Trail Reconstruction, Bruce Handscomb Memorial Park to Elvira Court, on such terms as are satisfactory to the Director, Engineering Services and the Director, Finance & Treasurer; 3. That Council authorize the Director, Finance & Treasurer, to finance the total net project cost of $584,940.00 as follows: a) The sum of $500,000.00 in capital project C10305.2109 as approved in the 2021 Property Maintenance Capital Budget, to be funded by a transfer from the Parkland Reserve Fund, be increased to $584,940.00; and, Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.12 Director, Operations, Report OPS 15-23 456 Ontario Power Generation Licence Amending Agreement Recommendation: 1. That Report OPS 15-23 regarding Ontario Power Generation Inc. Licence Amending Agreement be received; 2. That the Mayor and City Clerk be authorized to execute the Licence Amending Agreement with Ontario Power Generation Inc. to amend and extend the term of the licence as set out in Attachment 1 to this Report, subject to the minor revisions agreeableto the Director, Operations and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 4.13 Director, City Development & CBO, Report PLN 19-23 462 Tree Protection By-law Update - Status Update Recommendation: 1. That Report PLN 19-23 providing an update on Phase 2 of the Tree Protection By-law Update be received; 2. That the proposed new draft Tree Protection By-law included as Appendix I to this report be received, and that staff be authorized to circulate it for comment; and, 3. That Council authorize the Corporate Working Group, led by City Development staff, to proceed with Phase 3 of the Tree Protection By-law Update. 4.14 Director, City Development & CBO, Report PLN 21-23 502 Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Proposed Memorandum of Understanding to govern the delivery of authorized programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act Recommendation: 1. That Council endorse in principle the draft Memorandum of Understanding between the City of Pickering and the Toronto and Region Conservation Authority, as set out in Appendix I to Report PLN 21-23, to secure the continuation of municipally requested programs and services TRCA offers to the City of Pickering in compliance with the Conservation Authorities Act; 2. That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding, between the City of Pickering and the Toronto and Region Conservation Authority, as set out in Appendix I to this report, subject to any minor revisions as may be required by the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and/or the Director, City Development & CBO; and, 3. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 4.15 Director, City Development & CBO, Report PLN 22-23 511 Esri Enterprise Agreement for the Supply of ArcGIS Software and Services Recommendation: 1. That Council supports the new Enterprise Agreement (EA) with Esri Canada for the supply of ArcGIS software and services, and the City’s participation in the EA for a three year period, at a total cost of $221,490.00 (plus applicable taxes) with annual payments of $71,660.00 for year one (July 15, 2023 to July 14, 2024), $73,810.00 for year two (July 15, 2024 to July 14, 2025), and $76,020.00 for year three (July 15, 2025 to July14, 2026), to be funded from the Current Budget Account 502700.10100.0000 of the City Development Department; Executive Committee Meeting Agenda June 5, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Robinson For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the Director, City Development & CBO be authorized to sign the Esri Proposal to participate in, and commit to, the terms and payment, as set out in Appendix I; 3. That the Mayor and City Clerk be authorized to execute the License Agreement between the City of Pickering and Esri Canada, generally in the form provided as Appendix II to this report, subject to revisions as may be acceptable to the Chief Administrative Officer, the City Solicitor, and the Director, City Development & CBO; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.16 Director, City Development & CBO, Report SUS 05-23 526 Urban Farming - Council Resolution #100/23 Recommendation: 1. That Report SUS 05-23 regarding Urban Farming be received; 2. That staff be directed to report back to Council with an update on urban farming actions as outlined in this report in the first quarter of 2024; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 5. Other Business 6. Adjournment Report to Executive Committee Report Number: AS 01-23 Date: June 5, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Urban Farming -Backyard Egg Production -File: S-3010 Recommendation: 1. That Report AS 01-23 be received; and 2. That an urban farming pilot project not be implemented at this time. Executive Summary: Further to Council Resolution #100/23, staff have investigated the introduction of an urban farming pilot project, including a backyard chicken program. Animal Services and Office of Sustainability staff have prepared individual reports. Having reviewed both the challenges and benefits of introducing this pilot project, staff recommend that an urban farming pilot project not be introduced at this time. Staff carried out an extensive stakeholder consultation involving all levels of government. Staff and stakeholders have identified serious public safety risks due to the highly pathogenic avian influenza virus (HPAI). This is the primary reason for the recommendation not to proceed. It must also be noted that the introduction of an urban farming pilot project would require additional staff resources and shelter space to process, monitor and ensure animal welfare. Financial Implications: None. Discussion: The City’s Exotic Animal By-law 7110/11 prohibits the keeping of livestock, such as chickens in any urban area within the City. To undertake an urban farming pilot project, By-law 7110/11 would need to be amended, and a new regulatory framework would need to be created to establish standards of care for keeping chickens, and property standard requirements for the construction, size and location of coops (including distance from neighbours and other structures). A process for licensing and inspection would also be required to minimize complaints, ensure public health and safety and animal welfare. Additionally, keeping chickens in urban areas could exacerbate existing wildlife feeding issues, resulting in increased rat and rodent populations, as well as unwanted predatory wildlife activity, including foxes and coyotes. -~of- Pl(KERJNG - 1 - AS 01-23 June 5, 2023 Subject: Urban Farming Page 2 The increased risk of fire is another potential concern. Chicken coops are generally heated by heat lamps and these, in combination with straw or other bedding materials can be a risk for combustion. For this reason, further consultation with Fire Services would need to occur prior to implementing a pilot program. In Pickering, there is limited availability of veterinarians accredited to care for chickens. As a consequence, residents may experience a lack of support in their efforts to successfully keep chickens, and the animals may suffer unnecessarily for want of appropriate care. It must also be noted that the proper care, nutrition and housing of chickens requires investments that must be considered by the home owner, including: • cost of building an adequate shelter and secure fencing to deter wildlife; • cost of purchasing chickens; • time for daily chores such as feeding, collecting eggs, cleaning; • cost to dispose of manure (if excessive and have more than residents can use); • veterinary costs; and • cost of proper disposal of carcases. Lastly, animals need access to clean, fresh water on a daily basis. In the winter, that may mean installing systems to prevent the water from freezing. What chickens are fed will also affect their health and their ability to produce good quality eggs. A chicken’s normal diet consists of mixed grains and oilseeds, including corn, soybeans, wheat, barley, and canola, as well as minerals and nutrients. Although food scraps and grass clippings are often fed, they are not recommended and they do not provide the adequate nutrients necessary to raise a healthy chicken. A. Stakeholder Consultation and Best Practice Scan Staff carried out an extensive stakeholder consultation process involving all levels of government (Municipal, Regional, Provincial and Federal) as well as the agricultural community through the Durham Agricultural Advisory Committee. With the outbreak of Avian Influenza in Ontario, staff met with all levels of government to discuss concerns related to public and animal health. During these discussions, there were concerns expressed regarding the large number of infected birds that were located during this migration season. Public Health organizations expressed concerns regarding backyard chickens that could contribute to infectious disease transmission to humans. At the November 12, 2020 meeting of the Clarington Agricultural Advisory Committee, Committee members re-stated their position on the same issue in 2010, which did not support allowing chickens on non-agricultural lands in the municipality. The minutes were approved at their December 2020 meeting. At the May 9, 2023 Durham Agricultural Advisory Committee meeting, the Committee recommended that backyard chickens not be supported within Durham Region on non- agricultural lands. This recommendation will be considered by Regional Council at their next scheduled meeting. A municipal scan revealed that there are currently no municipalities along - 2 - AS 01-23 June 5, 2023 Subject: Urban Farming Page 3 the Durham lakeshore that allow the keeping of chickens in residential areas. The Municipality of Clarington examined the matter in 2021 and the Town of Ajax in 2022, and both municipalities declined to proceed with any kind of backyard chicken program. Although the City of Toronto implemented an Urban Hen pilot program in 2018, a staff report released on April 12, 2023 recommends that the pilot program end, and consideration for further extension, expansion or making the program permanent be paused indefinitely. The report identifies the considerable costs and staff resources required to safely and effectively run the program, combined with the current risks avian influenza virus (HPAI), as the rationale for their recommendations. B. Public Health and Welfare Public health and welfare are an important concern when considering keeping chickens in urban areas. Public Health Ontario published a research brief in 2017 which concluded that close contact with backyard chickens may contribute to infectious disease transmission from birds to humans, even in the absence of illness in poultry. Salmonella lives in the intestines of infected chickens and can be shed through droppings. Humans who handle birds or clean their enclosures can be exposed to the salmonella bacteria and suffer severe gastrointestinal illness. Biosecurity measures may limit or prevent the introduction and spread of infectious agents; however, various studies noted limited awareness regarding backyard chickens and zoonotic diseases among flock owners. C. Avian Influenza (HPAI) As reported by the Ontario Ministry of Health and Long-Term Care, Avian Influenza is a disease caused by a virus that primarily infects domestic poultry and wild birds such as geese, ducks, and shore birds. HPAI H5N1 is a strain known to kill both wild birds and commercial poultry. In March 2022, HPAI H5N1 virus had been detected in Ontario in wild and commercial poultry. This same strain of the virus has also been found in many other jurisdictions across the world, including in other Canadian provinces and American states. Although its spread has been primarily attributed to the migration of infected waterfowl, it is expected to remain a threat for quite some time. In March, 2023, municipalities within the GTA began to see the presence of HPAI in wild birds. In addition, the Canadian Food Inspection Agency reported that the increase in reported cases of HPAI serves as a strong reminder that avian influenza is spreading across the globe, and that anyone with farm animals must practice good biosecurity habits. D. Considerations regarding the implementation of a Pilot Project Possible benefits of a pilot program include: • Fertilization for gardening (ground up eggs shells and feces); - 3 - AS 01-23 June 5, 2023 Subject: Urban Farming Page 4 • Educational opportunities (teaching children about where food comes from, and providing animal care experience); • Greater control over egg source in order to know where the egg originated; • Increased food security, although limited, when financially feasible to keep chickens; • Modest reduction of carbon emissions associated with transporting food such as eggs; • Companionship for family members, as chickens may be treated as a pet; • The belief that eggs will be fresher, taste better and will be pesticide free; • The expectation of better conditions for hens as compared to industrial farms; and/or • Possible reduction of municipal solid waste through consumption of table scraps and other organic waste by hens. All that being said, many of the benefits outlined above can be obtained by purchasing eggs from retailers who source certified organic (cage free, free roaming or born free) eggs which are harvested in an environmentally friendly manner. Possible problems caused by a pilot program include: • Increased complaints of noise and odours; • attraction of rodents and other wildlife; • Food safety issues (egg safety, unlawful sale or redistribution, potential for disease transmission); • Inadequate disposal of chicken waste (methods of disposal, odours and groundwater contamination); • Whether chicken are kept in coops or allowed to range free, there is a significant risk of attraction of pests and predators, including mice, rats, squirrels, raccoons, foxes, skunks, coyotes and snakes, which would pose a threat to the chickens themselves, and increase the risk of disease transmission; • Inappropriate chicken slaughter (illegal slaughter and improper methods of euthanasia); and/or • Inadequate care of chickens (potential for disease transmission from sick hens). Since the City’s existing animal shelter lacks adequate space to safely house sick, injured or stray chickens, additional space would be required for this purpose. The Animals for Research Act (Ontario) obligates the City to ensure that chickens could be safely housed and poses a health and safety risk to any other animals in the care of the shelter. Given the public health risks and other potential detrimental impacts on residents, staff recommend that the City not proceed with an urban farming pilot project. Attachments: 1. None. - 4 - AS 01-23 Subject: Urban Farming June 5, 2023 Page 5 Prepared By: Original Signed By: Lindsey Narraway Supervisor, Animal Services LN:jl Approved/Endorsed By: Original Signed By: Jason Litoborski (Acting) Manager, Municipal Law Enforcement Services Approved/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 5 - Report to Executive Committee Report Number: CAO 04-23 Date: June 5, 2023 From: Marisa Carpino Chief Administrative Officer Subject: Draft City Property Naming Procedure (ADM 110-006) - Amendments to the Facility & Park Naming Procedure (ADM 110-006) - File: A-1440 Recommendation: 1. That Report CAO 04-23 regarding amendments to the Facility & Park Naming Procedure (ADM 110-006) be received; 2. That Council endorse the draft City Property Naming Procedure (ADM 110-006), as set out in Attachment 1, subject to minor revisions acceptable by the Chief Administrative Officer; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: In accordance with Resolution #977/22, City staff have amended the Facility & Park Naming Procedure (ADM 110-006) to replace “and” with “and/or” in Section 02.06 and are presenting the revised Procedure to meet the Council direction to bring it back by Q2 2023. During the process of making this amendment, City staff took the opportunity to review the Procedure in its entirety and are recommending key amendments that modernize the Procedure (enacted in 2015), renames the Procedure and reflects municipal best practices. The purpose of this report is to seek Council’s approval of the amended City Property Naming Procedure (ADM 110-006), as set out in Attachment 1 of this report. Financial Implications: Financial implications associated with this Report will consist of the associated costs to fabricate and install signage for approved names on City Property; postage costs to circulate public notices (within a specific radius) to solicit feedback on recommended names; and, staff time to administer the processes outlined in the Procedure. Discussion: At the Council Meeting of September 20, 2022, a motion in recognition of former Mayor Ryan’s impending retirement from Office was moved by Councillor Pickles, Regional Councillor, Ward 3, seconded by Councillor Ashe, Regional Councillor, Ward 1, and subsequently carried by Members of Council (through Resolution #977/22). - 6 - CAO 04-23 June 5, 2023 Subject: Draft City Property Naming Procedure, ADM 110-006 Page 2 More specifically, the Council approved motion directed staff to: i. Bring back to Council in Q2 2023 an amendment to the Facility & Park Naming Procedure (ADM 110 006) that replaces “and” with “and/or” in Section 02.06; ii. Notwithstanding the Facility & Park Naming Procedure, that Seaton Neighbourhood Park (Seaton P 123), anticipated to be constructed by the end of 2023 on the south side of Alexander Knox Road, west of Brock Road and east of Mulberry Lane, be officially named in honour of Dave Ryan; and iii. That appropriate City of Pickering officials be given the authority to give effect thereto under the direction of the Chief Administrative Officer. As a result, City staff amended the Facility & Park Naming Procedure (Attachment 2) as directed by Council Resolution #977/22. While doing so, City staff initiated a review of the entire procedure to clarify and streamline the process and incorporate municipal best practices. Notable amendments to Procedure ADM 110-006 include the following: Procedure Title: a. The title of the Procedure has been changed from Facility & Park Naming to City Property Naming to reflect the broad range of properties eligible for naming under this Procedure. Definitions (Section 1): b. Definition of City Property was broadened to include “structures within parks” such as bridges, pavilions, gazebos, splash pads, outdoor rinks and off leash areas (Section 01.01). Assets excluded from the definition City Property now include “stormwater management ponds” (Section 01.02). Procedures (Section 2): This section was updated to reflect the preferred categories of names for City Property, prioritized by the City, which includes “Geographical based names” and “Historical based names” (Section 02.01). c. Consistent with current practice, this section clearly outlines that City staff may name parks, open spaces and trails and shall not be required to prepare a Report to Council if naming of City Property complies with this section of the Procedure (Section 02.02). d. Details regarding the manner in which names are submitted or selected were removed from this section and added to Section 3 and Section 5 of the amended Procedure, for greater clarity. Naming Process for New and Unnamed City Property (Section 3): This section outlines the process for residents and Members of Council who propose names of new and unnamed City Property which is generally consistent with the original Procedure except for the following: - 7 - CAO 04-23 June 5, 2023 Subject: Draft City Property Naming Procedure, ADM 110-006 Page 3 e. This section was amended to include “unnamed” City Property which was not identified in the original Procedure (Section 03.01.01). f. This section was amended to clearly identify that the naming of new City Property is to occur prior to the completion of the construction phase (Section 03.01.01). g. This section was amended to identify the criteria by which a person’s name or the name of a group of people will be considered (Section 03.01.04). This information was not identified in the original Procedure and is meant to guide applicants as they prepare their submission. h. This section was amended to require the consent of individuals and/or party representatives for the naming of City Property (Section 03.01.05 & 03.01.06). This was not a condition required in the original Procedure. i. This section was amended to include a requirement that Indigenous communities be consulted when the proposed name is of an Indigenous language or recognizes an Indigenous individual, organization, event or concept (Section 03.01.07). This condition was not contemplated in the original Procedure. j. This section was amended to include a statement that, if no submissions for new or unnamed City Property is received, City staff will identify a name consistent with the principles of the Procedure and confer with Mayor and Members of Council to recommend a name of the City Property (Section 03.02.07). This clause sets out a process by which City staff can initiate the naming of City Property, in the absence of submissions, but in consultation with Council. This clause excludes the naming of Parks, Open Spaces and Trails which falls under Section 02.02. k. This section was amended to include a statement that, since the intent of naming a City Property after a person or group of persons is meant to be a permanent recognition, staff will determine if a Sponsorship or Naming Rights opportunity exists before considering such names (Section 03.02.08). This clause enables staff to determine if a certain City Property should first be considered for Sponsorship or Naming Rights opportunities, before being considered for Naming under this Procedure. Renaming a City Property (Section 4): This section outlines the very limited conditions by which City Property can be renamed which is generally consistent with the original Procedure except for the following: l. This section was amended to include a condition that the renaming of City Property cannot be considered when the City Property is currently within a term of a naming rights or sponsorship agreement (Section 04.03). This new clause recognizes the Marketing Partnership and Sponsorship Policy (ADM 150), enacted in July 2015. - 8 - CAO 04-23 June 5, 2023 Subject: Draft City Property Naming Procedure, ADM 110-006 Page 4 m.This section was amended to identify a circulation radius of 120 metres to notify all residents and ratepayer associations of a proposed name change (Section 04.05 c). The original Procedure did not identify a circulation radius. Naming Criteria (Section 5): This section is new and identifies the names that are eligible and ineligible from consideration under the Procedure. n.This section includes the naming criteria for proposed names (as per section 05.01) which was formerly listed in section 2 of the original Procedure. This change is meant to clearly set out the naming criteria – by separating it from the “Procedures” section in the original Procedure. o.Consistent with municipal best practices, this section identifies names for City Property that are excluded from consideration (Section 05.02). These exclusions were not identified in the original Procedure and better guide the applicant and staff. p.As directed by Council via Resolution #977/22, Section 05.03 was amended to replace “and” with “and/or”. q.This section states that applications for memorials should be directed to the City’s Commemorative Bench and Tree Program (Section 05.05). This instructional clause was silent in the original Procedure and is meant to assist applicants and staff. r.This section now states that, when a City Property is named after an individual, a plaque/signage describing the significance of an individual may be installed at the City Property, as the City’s expense (Section 05.06). This clause was silent in the original Procedure and is meant to guide staff’s efforts in these instances. Attachments: 1.Draft City Property Naming Procedure (ADM 110-006), June 2023 (clean updated version) 2.Facility & Park Naming Procedure (ADM 110-006), May 2015 (track changes version) Prepared By: Marisa Carpino Chief Administrative Officer :mc Original Signed By: - 9 - CAO 04-23 June 5, 2023 Subject: Draft City Property Naming Procedure, ADM 110-006 Page 5 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 10 - Procedure Procedure Title: City Property Naming Procedure Number ADM 110-006 Reference Corporate Protocols Policy ADM 110 Date Originated (m/d/y) May 2015 Date Revised (m/d/y) June 2023 Pages 6 Approval: Chief Administrative Officer Point of Contact City Clerk Procedure Objective This procedure establishes the process and criteria for naming or renaming properties owned by The Corporation of the City of Pickering (City), including methods by which the public may provide suggestions and comments. This procedure does not deal with street naming (ADM 220)or sponsorship of facilities and rooms (ADM 150). Index 01 Definitions 02 Procedures 03 Naming Process for New and Unnamed City Property 04 Re-Naming a City Property 05 Naming Criteria 01 Definitions 01.01 For the purposes of this procedure, “City Property” refers to all properties owned by the City including: a)Parks, parkland and open spaces; b)Structures within a park (i.e., bridges, pavilions, gazebos, splash pads, outdoor ice rinks, off leash area); c) Community centres, arenas, and other specialty buildings and rooms; d)Multi-use trails; e)Indoor recreation fields and courts; f)Outdoor recreation fields and courts; g)Libraries; and Attachment #1 to CAO 04-23 - 11 - City Property Naming Page 2 of 6 ADM 110-006 h)Community gardens. 01.02 This procedure does not apply to: a)Valley lands not adjacent to parkland and open spaces; b)Fire stations; c) Stormwater management ponds; d)Works yards; and e)Other properties owned by the City that do not allow for use by the community. 02 Procedures 02.01 City Property is named after the neighbourhood, community or street in which it is located or the unique geographical or historical characteristic of the community. The naming of City Property must respect the community where it is located and be a name that is sustainable as communities grow and change. a) Geographical based names should be clear, descriptive and give a sense of place. They may include: i.The name of the street or adjacent street where the property resides. ii.The neighbourhood, community or subdivision which the property serves. iii.A noteworthy physical, environmental, topographical, ecological or scenic characteristic. iv.Proximity to a recognizable City Property or area. b)Historical based names would be appropriate for properties where there is a common, recognizable connection between the City Property and the historic object/event. They should reference: i.A local, provincial or national historical/heritage object or event. ii.A long standing and commonly used name associated with the City Property. 02.02 City staff may name parks, open spaces and trails and shall not be required to prepare a Report to Council if the naming of the City Property complies with Section 02.01 of the Policy. 03 Naming Process for New or Unnamed City Property 03.01 Submission Process 03.01.01 A Pickering resident may propose a name for an unnamed City Property or a new City Property, prior to the completion of the construction phase, by written submission to the Clerk’s Office or by a Notice of Motion from a Member of Council with the following information: - 12 - City Property Naming Page 3 of 6 ADM 110-006 a)name suggested; b)rationale; and c)civic/community, heritage/historical, geographic and/or cultural relevance. 03.01.02 Written submissions and/or an approved Notice of Motion will be directed to the City Clerk to be processed. 03.01.03 Suggestions for names in honour of individuals must be accompanied by a written biography of the individual, including a description of the individual’s contribution to the City or the City Property, and an explanation of why the honour should be given. 03.01.04 Where a person’s name or a group of people are being considered, it shall be limited to persons who have: a)Made a significant contribution to the municipality, or to a group or association within the community, improving the lives of Pickering residents (well documented and broadly acknowledged within the community); b)Have a historical connection to the site (i.e. previous land owner); c)Contributed to the conveyance of lands or building and/or its subsequent development or renovation (beyond legislative requirements); d)Demonstrated excellence, courage or exceptional service to the citizens of the City of Pickering, Province of Ontario, Canada or the world; e)Promoted Pickering to the world; and f)Demonstrated themselves to be a recognized national or international figure and broadly acknowledged to have high standing. 03.01.05 In the case of a person’s name, the consent of the individual, or if deceased, their next of kin (if the person is not a national or international public figure) is required. 03.01.06 Naming a City Property on behalf of an event or organization requires the written consent of the named party or party’s representative. 03.01.07 Proposed names of an Indigenous language or recognizing an Indigenous individual, organization, event or concept will require consultation with Indigenous communities. 03.02 Selection Process 03.02.01 Staff from the respective Department(s) will receive and review all names submitted by the community and/or by a Notice of Motion. 03.02.02 The evaluation of all qualified submissions will include the following: a) research and confirm civic/community, heritage/historical, geographic and/or cultural relevance; - 13 - City Property Naming Page 4 of 6 ADM 110-006 b)review by internal staff to consider the merits of the submission and to ensure compliance with the procedure; and c)contact with those who submitted names, if more information is required. 03.02.03 After consultation with the respective Ward Councillors and the Mayor, and consistent with the procedure, Department staff will recommend to Council one name and up to two alternatives. 03.02.04 Council may require staff to solicit public comment through appropriate media or a public consultation meeting. 03.02.05 Department staff will provide a Report to Council to summarize public comments. Council will consider both staff recommendations and the public comments (as applicable) and decide to approve either one of the names or propose an alternate. 03.02.06 When a name has been finalized through Council approval, then it will be referred to the appropriate Department(s) for implementation. 03.02.07 If no submissions are received, staff will identify a name consistent with the principles in this procedure and confer with Mayor and Members of Council to recommend a name of the City Property. 03.02.08 Since the intent of naming a City Property after a person or group of persons is meant to be a permanent recognition, staff will determine if a sponsorship or naming rights opportunity exists before considering such names. 04 Re-Naming a City Property 04.01 Generally, changing the name of an existing City Property will not be considered. 04.02 Renaming existing City Property will only proceed if the Regional or Ward Councillor representing the area of the City Property brings a Notice of Motion forward for Council approval. 04.03 The renaming of a City Property cannot be considered when that City Property is currently within a term of a naming rights or sponsorship Agreement (ADM 150). 04.04 When a Notice of Motion for the renaming of a City Property is brought forward by a Member of Council, the City Clerk will provide an Interested Party Sheet for residents to sign for notification of any additional information regarding the renaming of the City Property. 04.05 All Notices of Motion approved by Council for the renaming of a City Property will be evaluated by City staff (from the respective Departments) as follows: - 14 - City Property Naming Page 5 of 6 ADM 110-006 a)research and confirm civic/community, heritage/historical, geographic and/or cultural relevance; b)The cost, borne by the City, and impact of changing existing signage and rebuilding community recognition will be considered before City Property is to be renamed; c) notify all residents and ratepayer associations within a 120 metre radius of the City Property of the proposed name change, by placing a notice in the Community Page of the newspaper, a notice on the City’s website, a notice at the City Property where the name change is being suggested, by notifying all residents that sign the interested party sheet or any other notification method deemed appropriate; d)the public will have 30 days to comment on the proposed name change; e)the City Clerk will receive all comments/submissions provided by the public, and direct them to the appropriate department for consideration and a recommendation report to Council; and f)once the research and public comments have been completed, City staff from the respective Department(s) will report back to Council with their recommendations and Council may accept the recommended name change, decline the name change, or refer to the community for further comment through the appropriate media or a public meeting. 05.Naming Criteria 05.01 Proposed names for any City Property shall conform to one or more of the guidelines below: a)have a direct relationship with the City Property; b)reflect the location of the City Property; c)reflect the unique geographical or physical characteristic of the City Property; d)recognize the historical and cultural significance or theme of the area; e)reflect unique characteristics of the site; f)portray a positive image of the City; g)recognize the contributions of organizations to a particular City Property such as partnership with or without financial contributions; h)honour the significant contribution of an individual to the community; or i)other selection criteria as deemed appropriate by the Council of the City of Pickering. 05.02 Under this procedure, names of City Property excluded from consideration include those that: a)Duplicate another named City Property or would be ambiguous, overly similar to other property names or would otherwise cause confusion; b)Detracts from the image of the City of Pickering; c)Represent tobacco or alcohol companies, products or brands; - 15 - City Property Naming Page 6 of 6 ADM 110-006 d)Represents a commercial organization or entity (which instead can be considered under the City’s Marketing Partnership or Naming Rights Policy, ADM 150); e)Indicate political affiliation; f)Are considered or perceived to be discriminatory, derogatory or offensive according to race, gender, ethnicity, sexual orientation, religion or similar factors; g)Result in inappropriate abbreviations or acronyms; and h)Place the City in conflict with any agreements established in the acquisition or management of the City Property or under an existing naming rights or sponsorship agreement (ADM 150). 05.03 City Property may not be named in honour of an elected official, unless it is in a memorial capacity and/or the official has served the City as an elected official for a minimum of 20 years. 05.04 City Property may not be named in honour of a current or former City employee. 05.05 The naming of City Property is not intended to commemorate an individual’s death (i.e., a memorial). Applications for memorials should be directed to the City’s Commemorative Bench and Tree Program. 05.06 When a City Property is named after an individual, a plaque/signage describing the significance of the individual may be installed at the site at the City’s expense. - 16 - City Procedure Procedure Title: Facility & ParkCity Property Naming Procedure Number ADM 110-006 Reference Corporate Protocols Policy ADM 110 Date Originated (m/d/y) May 2015 Date Revised (m/d/y) June 2023 Pages 46 Approval: Chief Administrative Officer Point of Contact: City Clerk Procedure Objective This procedure establishes the process and criteria for naming or renaming properties or facilities owned by The Corporation of the City of Pickering (City), including methods by which the public may provide suggestions and comments. This procedure does not deal with street naming (ADM 220) or sponsorship of facilities and rooms (ADM 150). Index 01 Definitions 02 Procedures 03 Naming Process for New Facilitiesand Unnamed City Property 04 Re-Naming a FacilityCity Property 0405 Naming Criteria 01 Definitions 01.01 For the purposes of this procedure, “facilityCity Property” refers to all properties and facilities owned by The Corporation of the City of Pickering including: a)Parks, parkland and open spaces; a)b) Structures within a park (i.e., bridges, pavilions, gazebos, splash pads, outdoor ice rinks, off leash area); b)c) community Community centres, arenas, and other specialty buildings and rooms; c)d) multiMulti-use trails; e)iIndoor and outdoor recreation fields and courts; d)f) Outdoor recreation fields and courts; Style Definition: 01.01.01 List 3: Font: Not Bold, Indent: Left: 1", Hanging: 0.8" Attachment #2 to CAO 04-23 - 17 - Facility & ParkCity Property Naming Page 2 of 8 ADM 110-006 e)g) lLibraries; and f) community Community gardens.; and g)h) stormwater management ponds. Facilities that are not included areThis procedure does not apply to: 01.02 a) valley Valley lands not adjacent to parkland and open spaces; b) Ffire stations; b)c) Stormwater management ponds; c)d) Wworks yards; and d)e) other Other properties owned by the City of Pickering that do not allow for use by the community. 02 Procedures 02.01 City Property is of Pickering “facilities” are named after the neighbourhood, /community or street they in which it isare located inor the unique geographical or historical characteristic of the community. The naming of a facilityCity Property must respect the community where it is located and be a name that is sustainable as communities grow and change. a) Geographical based names should be clear, descriptive and give a sense of place. They may include: i. The name of the street or adjacent street where the property resides. ii. The neighbourhood, community or subdivision which the property serves. iii. A noteworthy physical, environmental, topographical, ecological or scenic characteristic. iv. Proximity to a recognizable City Property or area. b) Historical based names would be appropriate for properties where there is a common, recognizable connection between the City Property and the historic object/event. They should reference: i. A local, provincial or national historical/heritage object or event. 02.01ii. A long standing and commonly used name associated with the City Property Formatted: Indent: Left: 0", First line: 0" Formatted: List 2, Indent: Left: 0", First line: 0", Tab stops: Not at 0.25" Formatted: Indent: Left: 0", First line: 0" Formatted: List 2, Indent: Left: 0", First line: 0", Tab stops: Not at 0.25" Formatted Formatted: Numbered + Level: 2 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 1.75" + Indent at: 2" - 18 - Facility & ParkCity Property Naming Page 3 of 8 ADM 110-006 02.02 City staff may name parks, open spaces and trails and shall not be required to prepare a Report to Council if the naming of the City Property complies with Section 02.01 of the Policy. 03 Naming Process for New or Unnamed City Property 03.01 Submission Process 03.01.01 A Pickering resident may propose a name for an unnamed City Property or a new City Property, prior to the completion of the construction phase, by written submission to the Clerk’s Office or by a Notice of Motion from a Member of Council with the following information: 02.02 Anyone may propose a name for a “facility” by written submission to the Clerk’s Office by a resident or by a Notice of Motion from a Member of Council with the following information: a) name suggested; b) rationale; and c) civic/community, heritage/historical, /geographic and/or/ cultural aspectsrelevance. 03.01.02 Written submissions and/or an approved Notice of Motion will be directed to the City Clerk to be processed. 03.01.03 All sSuggestions for ed names will be considered, unless the name duplicates another existing name, will cause confusion due to similarity to another existing name, or is meaningful only to a limited number of peoplein honour of individuals must be accompanied by a. written biography of the individual, including a description of the individual’s contribution to the City or the City Property, and an explanation of why the honour should be given. 02.0303.01.04 Where a person’s name or a group of people are being considered, it shall be limited to persons who have: 02.04 Preference is given to names which: a) Made a significant contribution to the municipality, or to a group or association within the community, improving the lives of Pickering residents (well documented and broadly acknowledged within the community); b) Have a historical connection to the site (i.e. previous land owner); c) Contributed to the conveyance of lands or building and/or its subsequent development or renovation (beyond legislative requirements); d) Demonstrated excellence, courage or exceptional service to the citizens of the City of Pickering, Province of Ontario, Canada or the world; e) Promoted Pickering to the world; and Formatted: List Formatted: Font: Bold Formatted: 01.01.01 List 3, Indent: Left: 0.88", Hanging: 0.13" Formatted: 01.01.01 List 3, Indent: Left: 0.88", Hanging: 0.13" Formatted: 01.01.01 List 3, Indent: Left: 0.88", Hanging: 0.13" Formatted: Indent: Left: 1", Hanging: 0.38" - 19 - Facility & ParkCity Property Naming Page 4 of 8 ADM 110-006 a) Demonstrated themselves to be a recognized national or international figure and broadly acknowledged to have high standinghave a direct relationship with the facility; b) reflect the location of the facility; c) recognize the historical and cultural significance of the area; d) reflect unique characteristics of the site; e) are in keeping with a specific theme; f) recognize the contributions of organizations to a particular facility such as partnership with or without financial contributions; g) honour the significant contribution of an individual to the community; and f) other selection criteria as deemed appropriate by the Council of the City of Pickering. 03.01.05 In the case of a person’s name, the consent of the individual, or if deceased, their next of kin (if the person is not a national or international public figure) is required. 03.01.06 Naming a City Property on behalf of an event or organization requires the written consent of the named party or party’s representative. 03.01.07 Proposed names of an Indigenous language or recognizing an Indigenous individual, organization, event or concept will require consultation with Indigenous communities. h)03.02 Selection Process 03.02.01 Suggestions for names in honour of individuals must be accompanied by a written biography of the individual, including a description of the individual’s contribution to the City of Pickering or the facility, and an explanation of why the honour should be given. Staff from the respective Department(s) will receive and review all names submitted by the community and/or by a Notice of Motion. 03.02.02 The evaluation of all qualified submissions will include the following: a) research and confirm civic/community, heritage/historical, geographic and/or cultural relevance; b) review by internal staff to consider the merits of the submission and to ensure compliance with the procedure; and c) contact with those who submitted names, if more information is required. 3.02.03 After consultation with the respective Ward Councillors and the Mayor, and consistent with the procedure, Department staff will recommend to Council one name and up to two alternatives. 3.02.04 Council may require staff to solicit public comment through appropriate media or a public consultation meeting. Formatted: Indent: Left: 0.88", Hanging: 0.13" Formatted: Indent: Left: 0.94", Hanging: 0.06" Formatted: Font: Bold Formatted: Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" - 20 - Facility & ParkCity Property Naming Page 5 of 8 ADM 110-006 3.02.05 Department staff will provide a Report to Council to summarize public comments. Council will consider both staff recommendations and the public comments (as applicable) and decide to approve either one of the names or propose an alternate. 03.02.06 When a name has been finalized through Council approval, then it will be referred to the appropriate Department(s) for implementation. 03.02.07 If no submissions are received, staff will identify a name consistent with the principles in this procedure and confer with Mayor and Members of Council to recommend a name of the City Property. 03.02.08 Since the intent of naming a City Property after a person or group of persons is meant to be a permanent recognition, staff will determine if a sponsorship or naming rights opportunity exists before considering such names. 02.05 02.06 Facilities may not be named in honour of an elected official, unless it is in a memorial capacity and the official has served the City as an elected official for a minimum of 20 years. 02.07 Facilities may not be named in honour of a current or former City of Pickering employee. 03 Naming Process for New Facilities 03.01 Submissions for the naming of a new facility by the public or by Notice of Motion, should begin prior to construction/completion of the facility through the following process: a) Written submissions and/or an approved Notice of Motion will be directed to the City Clerk to be processed. b) All submissions will be evaluated as follows: i) contact those who submitted names if more information is required; ii) research heritage/historical/community relevance; iii) confirm historical relevancy with City staff; iv) use selection criteria to review each name submitted; and v) reviewed by internal staff based on the nature of the project. 03.02 If no submissions are received, staff will initiate and search using the naming checklist and confer with Mayor and Members of Council to recommend a name. 03.03 If a submission is received, staff will receive and review all names submitted by the community and/or by a Notice of Motion, and after consultation with the Formatted: 01.01.01 List 3, Indent: Left: 0.3", Hanging: 0.83" - 21 - Facility & ParkCity Property Naming Page 6 of 8 ADM 110-006 respective Ward Councillors and the Mayor, recommend to Council one name and up to two alternatives. 03.04 Council may require staff to solicit public comment through appropriate media or a public consultation meeting. 03.05 Staff will provide a report to Council to summarize public comments. Council will consider both staff recommendations and the public comments and decide to approve either one of the names or propose an alternate. 03.06 When a name has been finalized through Council approval, then it will be referred to the appropriate department for implementation. 04 Re-Naming a FacilityCity Property 04.01 Generally, changing the name of an existing facility City Property will not be considered. 04.0104.02 Renaming existing City Property will only proceed if the Regional or Ward Councillor within representing the area of the facility City Property brings a Notice of Motion forward for Council approval. 04.0204.03 The renaming of a facility City Property cannot be considered when that facility City Property is currently within a term of a naming rights or sponsorship agreementagreement (ADM 150). 04.0304.04 When a Notice of Motion for the renaming of a City facility Property is brought forward by a Member of Council, the City Clerk will provide an Interested Party Sheet for residents to sign for notification of any additional information regarding the renaming of the facilityCity Property. 04.0404.05 All Notices of Motion approved by Council for the renaming of a City facility Property will be evaluated by City staff (from the respective Departments) as follows: a) research and confirm civic/community, heritage/historical, geographic and or /communitycultural relevance; b) the cost, borne by the City, and impact of changing existing signage and rebuilding community recognition will be considered before City Property is to be renamed; b)c) notify all residents and ratepayer associations within a 120 metre radius of service area of the facilitythe City Property of the proposed name change, by placing a notice in the Community Page of the newspaper, a notice on the City’s website, a notice at the Facility City Property where the name change is being suggested, by notifying all residents that sign the interested party sheet or any other notification method deemed appropriate; - 22 - Facility & ParkCity Property Naming Page 7 of 8 ADM 110-006 c)d) the Community public will have 30 days to comment on the proposed name change; d)e) the City Clerk will receive all comments/submissions provided by the communitypublic, and direct them to the appropriate department for consideration and a recommendation report to Council; and f) once the research and community public comments have been completed, City sStaff from the respective Department(s) will report back to Council with their recommendations and Council may accept the recommended name change, decline the name change, or refer to the community for further comment through the appropriate media or a public meeting. 05 Naming Criteria 05.01 Proposed names for any City Property shall conform to one or more of the guidelines below: a) have a direct relationship with the City Property; b) reflect the location of the City Property; c) reflect the unique geographical or physical characteristic of the City Property; d) recognize the historical and cultural significance or theme of the area; e) reflect unique characteristics of the site; f) portray a positive image of the City; g) recognize the contributions of organizations to a particular City Property such as partnership with or without financial contributions; h) honour the significant contribution of an individual to the community; or i) other selection criteria as deemed appropriate by the Council of the City of Pickering. 05.02 Under this procedure, names of City Property excluded from consideration include those that: a) Duplicate another named City Property or would be ambiguous, overly similar to other property names or would otherwise cause confusion; b) Detracts from the image of the City of Pickering; c) Represent tobacco or alcohol companies, products or brands; d) Represents a commercial organization or entity (which instead can be considered under the City’s Marketing Partnership or Naming Rights Policy, ADM 150); e) Indicate political affiliation; f) Are considered or perceived to be discriminatory, derogatory or offensive according to race, gender, ethnicity, sexual orientation, religion or similar factors; g) Result in inappropriate abbreviations or acronyms; and Formatted: Indent: Hanging: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Hanging: 0.52", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.5" - 23 - Facility & ParkCity Property Naming Page 8 of 8 ADM 110-006 h) Place the City in conflict with any agreements established in the acquisition or management of the City Property or under an existing naming rights or sponsorship agreement (ADM 150). 05.03 City Property may not be named in honour of an elected official, unless it is in a memorial capacity and/or the official has served the City as an elected official for a minimum of 20 years. 05.04 City Property may not be named in honour of a current or former City employee. 05.05 The naming of City Property is not intended to commemorate an individual’s death (i.e., a memorial). Applications for memorials should be directed to the City’s Commemorative Bench and Tree Program. 05.06 When a City Property is named after an individual, a plaque/signage describing the significance of the individual may be installed at the site at the City’s expense. e) Formatted: List, Indent: Left: 0", Hanging: 0.19", No bullets or numbering - 24 - Pl(KERJNG Report to Executive Committee Report Number: CLK 07-23 Date: June 5, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Procedure By-law Review and Updates -File: A-1440 Recommendation: 1. That Report CLK 07-23 regarding the Procedure By-law Review and Updates be received; 2. That the draft By-law, included as Attachment #1 to CLK 07-23, be approved and enacted; and, 3. That the appropriate City of Pickering Officials be authorized to take such actions as are necessary to give effect to the recommendations in this Report. Executive Summary: This Report is provided to recommend the adoption of an updated Procedure By-law for Pickering City Council and its Committees. The review and proposed updates to the By-law seek to provide improved readability and clarity of meeting procedures, clarify By-law language, add new provisions to align with current practices, increase overall meeting efficiencies, and improve accountability and transparency. Financial Implications: There are no financial implications associated with this Report. Discussion: At the Executive Committee Meeting of May 1, 2023, Report CLK 06-23, regarding the approval of an updated Procedure By-law, was presented for the Committee’s consideration. It was the decision of the Committee to refer the Report back to the City Clerk to provide an opportunity for Members of Council to engage with the Clerk to discuss the proposed updates. The City Clerk was directed to report back to the June 5, 2023 Executive Committee. This Report provides an overview of the changes originally proposed through Report CLK 06-23, as well as a summary of some of the comments that arose during individual conversations with Members of Council that resulted in further changes to the proposed draft By-law. A copy of Report CLK 06-23 is included as Attachment #3 to this Report for reference. Section 238 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), requires every municipality and local board to pass a procedure by-law for governing the calling, place and proceedings of meetings. Although the City’s Procedure By-law was amended several times during the prior Term of Council, most of the amendments were to address the ability to participate electronically during the COVID-19 pandemic as provided through amendments to the - 25 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 2 Municipal Act. Aside from these amendments, the By-law has not undergone a significant review and rewrite since 2012. In an effort to provide a more readable and modernized By-law that aligns with current City practices, the By-law was reviewed in its entirety and as part of that review, municipal best practices found in the Procedure By-laws of the Durham Region lakeshore municipalities, and the Region of Durham were considered. Where possible, these best practices were incorporated if they provided clarity and a more effective approach to the City of Pickering’s meeting procedures. The following sections provide an overview of the main areas of the By-law that are proposed to be amended and seek to provide further clarification that may not have been originally included in Report CLK 06-23 (Attachment #3). For ease of reference, and to highlight all of the changes being proposed, both a clean version with all proposed changes included, as well as a tracked changes version of the draft By-law have been included respectively as Attachments #1 and #2 to this Report. Under Notable Changes, additional “notes” have been included to provide a summary of some of the comments and discussions with individual Members of Council. Any additional changes to the draft By-law arising as a result of those recent discussions have also been included in the notes, and have been highlighted in yellow on Attachments #1 and #2 to provide ease of reference. Summary of Proposed By-law Amendments: General Changes: • Revised definitions and the addition of new definitions to provide clarity in the meaning and use of the defined terms throughout the By-law. • Streamlining sections to remove redundant text, headers, and condensing language and relocating sections where possible, for ease of reading. Notable Changes: 1. Sections 03.03 and 03.04 relating to pregnancy and parental leave for Members of Council, have been removed in their entirety. These provisions were originally written into the Procedure By-law to comply with amendments to the Act in 2019 that required municipalities to adopt a policy regarding pregnancy and parental leaves for Members of Council. It was always the intention of staff to have these provisions included in a standalone policy which was presented and approved at the May 1, 2023 Executive Committee and subsequently forwarded to Council for final approval on May 23, 2023. Accordingly, the sections in the Procedure By-law pertaining to pregnancy and parental leaves for Members of Council are redundant and no longer required in the By-law. 2. A new Section relating to the annual Executive Committee Budget Meeting to align with current practices has been included under Section 05.03 (c). This provision is in keeping with current practices, however this was not explicitly stated in the current By- law and has been added to provide clarity on how the Executive Budget Meetings are carried out. - 26 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 3 3. The provisions of Sections 05.05 and 05.06 have been expanded to include additional parameters surrounding the holding of Closed Meetings and Education and Training Sessions of Council to align with current practices. 4. The rules pertaining to attendees in the audience having the ability to record the meeting or parts of the meetings have been relaxed under Section 07.09. Given that all of the City’s meeting are currently livestreamed and recorded, there are no major concerns regarding an individual recording any part of an open meeting. Additionally, with the meetings being held in an open, public space, we do not have any policies to prevent such activity. That said, wording has been included in the By-law that despite an attendee being allowed to capture their own video at a public meeting of a Committee or Council, they can only do so as long as it is not disruptive to any part of the Meeting as determined by the Chair. The provisions to prohibit the use of signs and placards have been retained in the By-law to ensure that all attendees are comfortable in participating in Meetings. This language was incorporated to align with municipal best practices as most municipalities now allow for this and have similar provisions in their respective Procedure By-laws. 5. Under Section 07.15, the time for mandatory adjournment of a Meeting is proposed to change from midnight to 11:00 pm with the ability for Committee or Council to pass a motion, by majority vote, to extend to midnight. In scanning all Durham Region municipalities, all have mandatory meeting adjournments no later than 11:00 pm, unless there is a suspension of the meeting rules requiring a 2/3 majority vote. Moving the time back to 11:00 pm for Pickering’s Procedure By-law, with an added ability to extend to midnight by majority vote, is in keeping with these best practices. It should also be noted that meetings that go beyond the hour of midnight may prohibit public participation and can be unduly taxing on Members of Council and staff who have been working throughout the entire day. 6. In addition to the change in the mandatory adjournment hour, additional wording has been added to guide the process around formally adjourning a meeting at curfew to ensure that if it is a Council Meeting, any business that was conducted prior to the adjournment hour is ratified and confirmed by a Confirmatory By-law so that staff can action those Council decisions made prior to the adjournment (See Section 07.15). This situation occurred at the February 27, 2023 Council Meeting that went until 1:00 am and recessed until March 8th. In this situation, as the meeting was recessed, and no confirmatory by-law was adopted, any decisions made on February 27th were not technically ratified and could not be carried out until the confirming by-law was adopted on March 8, 2023 when the Meeting resumed. To avoid this scenario in future, adopting the confirmatory by-law at the mandatory adjournment hour will allow staff to move forward and action any Council decisions made up to that point in the Meeting. Note: Discussion with Members indicated that the current provisions that stipulate any unfinished business is deferred to the next regular meeting of the Committee or Council creates a month long gap to complete that meeting’s business and it was expressed that this time delay was too long. Additionally, comments were made that passing a - 27 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 4 motion to hold the meeting on another date and time that was suitable for all Members was difficult to achieve on the floor. It was suggested that having the meeting default to the following Monday would be a better practice. Therefore, new wording to give this effect has been included in Section 07.15 (d) of the attached draft By-law and it is proposed that the unfinished business items would be completed at a Special Meeting of the Committee or Council at 7:00 pm on the Monday immediately following the original meeting. The agenda for the Special Meeting would contain only those items of business that could not be finished before the mandatory adjournment hour. 7. Section 08, Delegations, has been amended to reduce the speaking time limits for members of the public from ten minutes to five minutes, and additional parameters have been added pertaining to having delegations appear at Standing Committees as much as possible. All Durham Region municipalities, with the exception of Clarington, limit the delegation speaking limits to five minutes. Many delegates have demonstrated that a five minute speaking limit is ample time for them to state their position on a matter, and in the spirit of ensuring that meetings are efficient for everyone, it is proposed that Pickering also adopt a five minute speaking limit. Provisions have been included that the delegation speaking limit can be extended for an additional two minutes by way of a majority vote of the Members if required. Note: Discussion with Members indicated that it would be beneficial to have an increased time limit for groups of delegations where more than one individual registers to speak as a group. Section 08.01 (r), has been revised to provide up to ten (10) minutes for more than one individual that registers to speak as a group. Parameters have also been included to direct delegates to the Standing Committee having charge of the matter upon which they wish to delegate. Reports presented at Committee provide for a more informal relaxed atmosphere for delegates, and as Committee debates and discusses the reports more robustly than what is typically done at Council, it may aid the Committee to hear delegations as part of those deliberations and in making their subsequent recommendations to Council. Despite directing delegates to Standing Committees whenever possible, language has been included in the draft By-law to allow an individual to delegate at Council should they not be able to attend a Standing Committee Meeting for any reason, or if they have new or additional information to share on the matter that was not originally stated at the Standing Committee Meeting. Additional provisions have been included under Section 08 to provide transparency to the public on what matters they cannot delegate on which includes matters that have been referred back to staff; are not within Council’s jurisdiction; have already been decided; have been deferred and the individual already delegated on the matter when it was originally presented; and, matters that are related to reports from the Integrity Commissioner. The following provides some clarity and context as to why these new provisions are being proposed. - 28 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 5 • When matters are referred back to staff they will appear again on a future Standing Committee agenda and the delegate would be able to register to speak to the item at that time. As noted above, as Committee is discussing and debating the matter prior to making their recommendation to Council, it is an ideal time to hear public comments when the report recommendation is before the Committee as it could influence the Committee’s decision on a matter. • Allowing delegates to speak to matters outside of Council’s jurisdiction for which Council can take no action sets a false expectation. The delegate would be better served by communicating their position to the body that has jurisdiction over the matter they are looking to delegate on. • When a matter is deferred, it is deferred in its original format to a future meeting. As it is in its original format and there are no changes, only those who did not speak to the matter when it was originally presented will be confirmed to delegate. As the comments from the delegates are captured in the official meeting minutes, there is no need to have the delegates come to relay the same information at a future meeting to which the item has been deferred. This provision has been included to provide meeting efficiencies in this regard. • At the recommendation of the Integrity Commissioner, individuals should not delegate on a report from the Integrity Commissioner as it is based on an independent, statutory investigation, and a matter for Council’s disposition taking into account the Integrity Commissioner’s recommendations. It is not a matter that is intended to be open for public comment. 8. Under Section 09.01, the reasons that allow a Member of Council to participate electronically in Committee and Council Meetings were expanded to include the ability for Members to participate electronically for reasons pertaining to illness or medical reasons for not only just the Member, but also for the Member’s immediate family member. In the original draft by-law presented under Report CLK 06-23, immediate family member had been defined to mean the Member’s parent, child, or spouse. Note: Through discussions with Members, it was noted that the definition of a Member’s immediate family member was too restrictive as there could be other individuals outside those included in the definition which the Member had a primary care responsibility. It was also raised that there could be situations where a Member could be fully engaged to participate in a meeting, but that due to extenuating circumstances, they may be unable to attend the meeting physically in person (e.g. attending an out of town work commitment with no limitations to participate in an evening meeting, or having a delayed return flight that prohibits a Member from physically making it to a meeting but still having a means to join the meeting electronically). To that end, the definition of “Immediate Family Member” has been removed from the draft By-law and the provisions now allow for the Member to participate electronically should they need to provide care for any member of their family or someone under the Member’s primary care. Additional wording has been included to allow a Member to participate electronically for other unforeseen circumstances with prior approval from the Clerk. It should be noted that although some procedure by-laws do not place any restrictions on why a Member may participate electronically, the City’s approach has always been - 29 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 6 that when possible, a Member should be physically present at meetings. Further, should a Member need to participate electronically, they should be able to be fully engaged in the meeting. If a Member is away on vacation or attending to obligations that prohibit them from being able to fully participate at a meeting, they have the right to be absent from a Meeting and marked as such under Roll Call. 9. Under Sections 09.07 and 09.08, language has been added to allow for members of the public to delegate electronically by means of a video connection into the Meeting instead of the current practice of joining via an audio only connection. This provision will provide for a better experience for not only the delegate, but Members of Council and the public who will now be able to see the delegate on screen. Individuals who register to delegate electronically will be provided with a link to the electronic meeting so that they can appear on camera. Connection in this manner is dependent on the delegate having the appropriate technology in place to do so and should there be any technical difficulties, it in no way negates any part of the meeting or decisions made therein, and the delegate may submit written comments in lieu of their delegation should any technical issues arise. The expansion of these parameters will alleviate the need to have staff attend a meeting for the sole purpose of calling in delegates over the phone, resulting in a decrease in overtime costs. As the City has been using an electronic meeting platform for approximately three years now, we are much more comfortable with the software and the process and there are no longer concerns with sharing the electronic meeting link with members of the public who may be delegating in this format. 10. Under Sections 11.01 and 12, the current Council Agenda item of Invocation has been replaced with a Moment of Reflection. In 2015 the Supreme Court of Canada ruled unanimously that the municipal council in the Quebec City of Saguenay could not open its meetings with a prayer, and ordered the City and its Mayor to “cease the recitation of the prayer in the chambers where the municipal council meets”. An excerpt from the decision reads “The state’s duty of religious neutrality results from an evolving interpretation of freedom of conscience and religion. The evolution of Canadian society has given rise to a concept of this neutrality according to which the state must not interfere in religion and beliefs. The state must instead remain neutral in this regard, which means that it must neither favour nor hinder any particular belief, and the same holds true for non-belief.” Since that Ruling, most municipalities no longer include an invocation at their Council meetings and many have instead opted for a Moment of Reflection so that any person may reflect on their own personal beliefs. Some municipalities have removed it all together and do not have either an invocation or moment of reflection. The Clerk’s Office received two pieces of correspondence on this matter, one in July of 2020 and the other as recent as December of 2022, and both questioned why the City continued to include the invocation at its Council Meetings despite the Supreme Court Ruling. At that time, the Clerk’s Office responded to inform the correspondents that when the Procedure By-law was opened for review in the new Term of Council, these - 30 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 7 provisions would be reviewed. As a result of the Ruling of the Supreme Court, and in reviewing the best practices of other municipalities, it is staff’s recommendation that the invocation be removed and replaced with a silent Moment of Reflection at Council Meetings. 11. Section 14 provides for a new “Question Period” Council agenda item which is proposed to occur just prior to Delegations. The Question Period will provide enhanced transparency and offers an opportunity for members of the public, who are physically in attendance, to ask questions of the Mayor pertaining to any item on a Council agenda. The Mayor may answer the question or ask another Member of Council or City staff to answer the question. Note: Through discussions with Members, it was raised that this section of the By-law required a few more parameters. To that end, it is recommended that the Question Period be limited to a total of fifteen (15) minutes and that a member of the public be allowed to ask 1 question and 1 supplemental question if required. Further provisions include that there shall be no debate between Members on questions presented during this portion of the meeting, and that no questions are posed to the public member unless it is for the purpose of seeking clarification on what is being asked. Through our research on this matter, it was discovered that the Town of Ajax, City of Mississauga, and the City of Brampton have incorporated a Question Period into their meeting procedures. 12. Section 15 includes a new method of circulating correspondence by way of implementing a weekly Council Correspondence Index (CII). Currently, any pieces of correspondence that come into the Clerk’s Office are circulated individually by email, as they are received, to all Members of Council, the CAO, and Directors. In an effort to provide a more effective approach to the circulation of correspondence, a weekly Council Information Index (CII) is being proposed which will compile all correspondence normally circulated through the Clerk’s Office in one complete PDF package. The CII will be circulated to all Members of Council, the CAO, and Directors every Friday afternoon by email, and will include all the correspondence received that week and since the release of the previous CII. The CII will not include CAO Correspondence, correspondence from the Ontario Land Tribunal (OLT), or any other pieces of correspondence that are not normally circulated by the Clerk’s Office. Any pieces of correspondence deemed to be of an urgent nature will continue to be circulated as they are received in order that they may be provided to Council and staff in a timely manner. A Member of Council may request any item from the CII be included on an upcoming Council agenda and in doing so shall make the request to the City Clerk with a copy to all Members of Council, the CAO, and Directors. Requests to include correspondence on a Council agenda are due no later than 12:00 noon on the Tuesday prior to the agenda being published. As part of the request, the Member will also provide a proposed recommendation that will be included with the correspondence on the Council agenda for Council’s consideration. - 31 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 8 13. Language has been added under Section 16, “Committee Reports”, to clearly outline the process should a Standing Committee not make a recommendation to Council. As Council is the ultimate approval authority, although a recommendation may not be made by the Executive or Planning & Development Committees, Council still has the authority to consider the matter and dispose of it as Council deems appropriate. Although this is a rare occurrence, the new provisions provide a clear understanding of how this situation will be addressed should it occur. 14. Section 18, Notice of Motions (NOM), has been expanded to include that when a Member submits the final NOM to the Clerk for inclusion on an agenda, it is copied to all Members of Council, the CAO, and appropriate staff. This will ensure that all Members and staff are aware of the contents of the motion prior to the publication of the agenda. Provisions have also been included to ensure that Members consult staff on the technical components of a motion to ensure the motion is accurate and actionable, and that it is in keeping with City’s Strategic Plan. This collaboration between the mover/seconder of a motion, and City staff, is particularly helpful from an efficiency standpoint as it provides the ability for staff to offer their professional subject matter expertise should it be required for any technical components of the motion, and to ensure that the operatives of the motion can be actioned. It is an opportunity to foster council-staff working relations and offers the ability for the mover/seconder to take staff’s comments into consideration should they wish to make any adjustments to the motion prior to it being finalized for the agenda. The deadline to submit the final motion for an agenda has also been changed from Wednesday, to 12:00 noon on the Tuesday prior to the meeting, to allow more time for staff to finalize the agenda so that it is ready for publication on Thursday. 15. A new Section 20 has been included to provide for a new Council Agenda item called “Regional Councillor Updates”. Regional Councillors will have the option to provide a brief update to other Members, City staff and the public on matters that are before Regional Council as needed. Note: Through discussions with Members it was clarified that it was not an obligation to report on Regional Council Matters and that the time for such an update would be limited to five (5) minutes per Regional Member. To that end, the language in the draft By-law has been changed to include these parameters as well as a provision that there will be no debate pertaining to the updates provided by a Regional Councillor under that section of the By-law. 16. Under Section 21, Other Business, Substantive Information Reports, language has been expanded to include a provision of consulting with the CAO to ensure that the date to report back on any substantive report is conducive to current staff workplans and priorities so that a mutually agreed upon date can be included in the motion. This is intended to ensure that staff have the appropriate time needed to thoroughly research and offer their recommendations on a matter. - 32 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 9 17. Several sections of the By-law now include reference to the Supplemental Information Package (SIP) (Sections 01 bb), 07.02, and 08.01.). Use of the SIP has been our practice for quite some time and these provisions have been included to demonstrate how the SIP is used and distributed. 18. A more robust overview of the language and provisions pertaining to rules of debate, motions and precedence of motions, to align with Roberts Rules of Order, has also been added and provides clarity and practical guidance in how those motions are carried out. The provisions align with current procedural practices, however, they provide a more detailed overview which was not articulated in earlier versions of the By- law. (See Section 24). 19. A new section has been added under Section 23 to outline the order of business for Standing Committees and included in that order is an agenda item titled “Member Updates on Committees”. This addition is based on Council Resolution #59/23 ratified at the January 23, 2023 Council Meeting, which pertained to a review of the City’s Boards and Committees Policy. This agenda section will provide the ability for Members of Council to provide monthly updates for the Board/Committee in which they are the Council representative. Member representatives will be given the opportunity to provide any updates pertaining to the Committee’s Workplan, mandate or any other matter before the Committee. The provisions also outline that any recommendations arising from a Board/Committee, shall be communicated in accordance with Policy ADM 040, Committees and Taskforces of Council, through the designated staff liaison. In addition to the notable changes above, the start time for Council Meetings was also considered and staff looked into the possibility of starting Council Meetings at an earlier time. After a thorough review, and due to some of the additional efficiencies that have been written into the draft By-law, it is being recommended that the current 7:00 pm start time continue for the time being. In scanning Durham Region municipalities, only the City of Oshawa and the Region of Durham hold Council meetings at 9:30 am, Uxbridge holds two Council meetings per month, one at 10:00 am and one at 7:00 pm. All other municipalities start at 6:00 pm or later. As the City of Pickering frequently holds in-camera sessions prior to regular council meetings, should Council Meetings begin at 6:00 pm for instance, the in-camera session could need to start as early as 4:30 or 5:00 pm which would result in the Meetings carrying straight through the dinner hour. Consideration was given to starting Council meetings earlier in the afternoon, however, daytime Meetings are not conducive to public engagement or for Members of Council who may be working during the day. Therefore, it is proposed to continue to hold Regular Council Meetings at 7:00 pm and should there be a need to revisit this, an amendment to the By-law could be brought forward in future. As noted above, the curfew time is proposed to change to ensure Meetings end at 11:00 pm and the speaking time limits for both delegates and Members of Council has been reduced which should help with the Meeting ending at a more reasonable hour. Staff also considered the use of early release reports as undertaken by the Region of Durham, the City of Oshawa and the Municipality of Clarington, however during the review it was discovered that the City of Pickering is one of the few municipalities that publish their Standing - 33 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 10 Committee agendas 10 days in advance of the Meeting. Language has been strengthened in the proposed draft By-law to limit the number of reports going directly to Council so that reports can be presented on Standing Committee agendas as much as possible. This will provide adequate time for the public and Members of Council to review and digest the staff reports and time to consult with staff prior to the meeting should Members have any questions. The publication date of Standing Committee agendas has also been moved back to Thursdays, resulting in the publication of Committee agendas now being 11 days in advance of the Meeting. Effective meeting procedures are an integral component of local democracy. They seek to provide accountability and transparency in the decision making process of City Council and preserve the rights of the public and Members to participate and be heard. They also ensure that the business of the municipality can proceed expeditiously, and the public interest is upheld. To that end, after a thorough review of the current Procedure By-law, a review of municipal best practices, as well as through individual discussions with Members of Council, the Procedure By-law has been updated and seeks to facilitate effective participation by Council, staff, and the public, streamlines and improves the overall readability of the By-law, and aligns with current practices. The intent of these changes is to simplify meeting practices, and to help foster an environment where the public and all Members of Council are empowered to participate. As this Term of Council progresses, Legislative Services will monitor these changes to ensure they are operating as intended and will make note of further opportunities for improvement and bring forward any recommended changes as needed. Attachments: 1. Draft Procedure By-law (clean version with tracked changes accepted) 2. Draft Procedure By-law (with tracked changes) 3. CLK 06-23, Procedure By-law Review and Updates Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Susan Cassel City Clerk Paul Bigioni Director, Corporate Services & City Solicitor - 34 - CLK 07-23 June 5, 2023 Subject: Procedure By-law Review and Updates Page 11 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 35 - Attachment #1 to Report CLK 07-23 The Corporation of the City of Pickering By-law XXXX/23 Being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Index 01 Definitions Page 5 02 Application of this By-law 7 03 Duties 7 Members Mayor or Chair 04 Disclosures of Pecuniary Interest 8 05 Types of Meetings 9 Inaugural Meeting Regular Council Meetings Regular Standing Committee Meetings Special Meetings of Council or a Standing Committee Education & Training Sessions Closed Meetings Statutory Public Meetings Other Committee Meetings Ad Hoc Committee Upper Tier Council Meetings – Appointment of Alternate Member 06 Notification of Meetings 14 Public Notification Emergency Notification Cancellation/Postponement of Meetings - 36 - By-law XXXX/23 Page 2 07 Meetings 14 Place of Meetings Information pertaining to a Committee or Council Meeting Chairing of Meetings Absence of Chair Calling the Meeting to Order Quorum Clerk’s Attendance at Meetings Recording of Minutes Signs, Banners, Emblems, Flags, Cameras, and Video Recordings Access to Council Floor Petitions Change in Order of Business Consideration of Items Staff/Consultant Delegations for Staff Reports Adjournment Hour 08 Delegations 18 Delegations Delegations at a Statutory Public Meeting Delegations Requesting Action Audio Visual Equipment for Delegations Priority of Delegations Conduct of the Delegation Questions to the Delegation 09 Electronic Participation 21 10 Conduct at Meetings 23 Members of the Public Members of Committee and Council Actions When a Member’s Behaviour is Inappropriate 11 Order of Business for Council Meetings 24 12 Moment of Reflection and Indigenous Land Acknowledgement Statement 24 13 Presentations 25 14 Question Period 25 - 37 - By-law XXXX/23 Page 3 15 Correspondence 26 16 Committee Reports 26 17 New and Unfinished Business 27 Reports of an Urgent Nature Introduction of a Motion 18 Notices of Motions 27 19 By-laws 28 20 Regional Councillor Updates 29 21 Other Business 29 Other Business Notice of Motion Substantive Information Reports 22 Confirmatory By-law 29 23 Order of Business for Standing Committee Meetings 30 Order of Business for Regular Standing Committees Member Updates on Committees 24 Rules of Debate 30 Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair’s Decision Final Unless Appealed Appeal of Decision of Chair 25 Points of Order 32 26 Points of Privilege 32 27 Motions 32 - 38 - By-law XXXX/23 Page 4 Motions in Order of Precedence Motion to Adjourn Motion to Recess Motion to Table Motion to Call the Question Motion to Defer Motion to Refer Motion to Amend Motion to Suspend the Rules Motion to Divide Motion to Reconsider a Previous Decision of Council Motion to Rescind 28 Voting 37 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Votes Vote of the Chair 29 Contingencies 38 30 Commencement and Administration 38 - 39 - By-law XXXX/23 Page 5 01 Definitions a) “Act” means The Municipal Act, 2001, S.O. 2001, c.25, as amended; b) “Chair” means the presiding officer at a Meeting; c) “CAO” means the Chief Administrative Officer of the City of Pickering; d) “Clerk” means the City Clerk of the City of Pickering; e) “Closed Meeting” means a Meeting which is not open to the public for reasons allowed under Section 239 of the Act; f) “Committee” means Standing Committees, Ad-Hoc Committees, Advisory Committees, Local Boards, and Taskforces which may be established by Council or as required under statute; g) “Council” means the Council of the City of Pickering; h) “Councillor” means the city or regional elected representative of a Ward on the Council of the City of Pickering; i) “Delegation” means an address to Council or a Committee by one or more persons who are not Members of Council, City staff, consultants, or other individuals hired by the City; j) “Deputy Mayor” means the Member appointed to act in place of the Mayor under Section 242 of the Act and in accordance with Policy ADM 045; k) “Inaugural Meeting” means the first Meeting of a new Council after a municipal election where the declarations of office are taken; “Immediate Family Member” means a Member’s child, parent, or spouse; l) “Majority” means for the purpose of voting, unless otherwise specified, more than half of the total number of the Members present at the vote and not prohibited from voting by statute; m) “Mayor” means the Head of Council for the City of Pickering; n) “Meeting” means any regular, special or other Meeting of Council, of a Local Board or of a Committee, where a Quorum of Members is present and the Members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the Council, Local Board or Committee in accordance with Section 238 of the Act; - 40 - By-law XXXX/23 Page 6 o) “Member” means a member of the Council or Committee; p) “Notice of Motion” means advance verbal notice, given by a Member, advising that the motion will be brought forward at a future Meeting for consideration; q) “Pecuniary Interest” means a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50, as amended; r) “Presentation” means a presentation of a tangible item or recognition to or from the City of Pickering; s) “Quorum” means a Majority of the Members elected to Council or the number of Members required for the legal conduct of the business of Council or a Committee; t) “Recorded Vote” means the making of a written record of the name and the vote of each Member who votes on a matter; u) “Regular Meeting” means a scheduled Meeting held in accordance with the approved annual Committee & Council Meeting Schedule; v) “Rules of Procedure” means the rules which are set forth in this By- law; w) “Special Meeting” means a Meeting of Council or a Committee that is arranged outside of the normal Committee & Council Meeting Schedule to deal with only specific item(s) of business; x) “Standing Committee” means the Executive Committee or the Planning & Development Committee; y) “Statutory Public Information Meeting” means a Meeting that is legislated under a statute and hosted by staff, a Standing Committee or Council in order to inform members of the public about a matter. z) “Substantive Report” means a written report, whereby staff are required to gather data/information and perform an analysis of such data/information in order to draw a conclusion and possible recommendation or action based on the analysis, which is presented to the appropriate Standing Committee or Council; aa) “Supplemental Information Package (SIP)” means a compilation of information pertaining to an upcoming Meeting including but not limited to additional Delegations who registered after the publication of the agenda, written submissions from the public, PDF or PowerPoint presentations related to Delegations and any other information that Members require to aid in their decision-making at a Meeting. - 41 - By-law XXXX/23 Page 7 Supplemental Information Packages shall be compiled by the Clerk and provided by email to all Members on the business day prior to the date in which the Meeting is held. bb) “Two-Thirds” means two-thirds of the Members present at a Meeting and not disqualified from voting on a matter. The calculation shall be as follows: five of seven Members four of six Members four of five Members three of four Members 02 Application of this By-law The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and Committee Meetings. Where a provision is not made in this By-law, the procedure to be followed shall be determined by the Chair in consultation with the Clerk as needed. 03 Duties 03.01 Members Members of Committee and Council shall come prepared to every Meeting by having read all the material supplied, including agendas, staff reports, and any Supplemental Information. Members shall consult and make inquiries of staff regarding the materials supplied in advance of the Meeting in order to provide for meaningful dialogue and effective decision-making of the Committee or Council. 03.02 The Mayor or Chair shall: a) Open the Meetings by taking the chair and calling the Members to order, addressing the business before the Committee or Council, and ruling on matters of procedure. b) Receive and submit, in the proper manner, all motions presented by the Members. c) Put to a vote all motions, which are moved and seconded, or necessarily arise in the course of the proceedings, and announce the result. d) Restrain the Members, when engaged in debate, within the Rules of Procedure. e) Enforce on all occasions the observance of order and decorum by the Members and any other persons present at the Meeting. - 42 - By-law XXXX/23 Page 8 f) Call by name, any Member persisting in the breach of the Rules of Procedure and order them to vacate the place in which the Meeting is being held. g) Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. h) Permit questions to be asked through the Chair of any staff in order to provide Members with information to assist any debate when the Chair deems it proper and appropriate. i) Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then call the question. j) The Chair may speak and/or vote on any question, but if they wish to move or second a motion, they shall first vacate the Chair by designating an Acting Chair to act in their place, until disposition of the item has concluded and they resume the Chair. 04 Disclosures of Pecuniary Interest 04.01 Where a Member has a Pecuniary Interest as defined in the Municipal Conflict of Interest Act, the Member shall, prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof. The Member shall not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during, or after the Meeting to influence the voting on any such question. Members shall not request the Clerk or other Staff members to provide advice or comment on whether a Member has a Pecuniary Interest. Advice pertaining to whether a Member should declare a Pecuniary Interest shall be obtained by the Member from the City’s Integrity Commissioner or the Member’s independent lawyer. 04.02 Where the Meeting is not open to the public, in addition to declaring the conflict, the Member shall leave the Meeting, or the part of the Meeting during which the matter is under consideration. 04.03 Notwithstanding Section 04.02, if the matter under consideration pertains to whether to suspend the remuneration paid to the Member under Subsection 223.4(5) or (6) of the Act, the Member may take part in the discussion of the matter, including making submissions to Council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the Meeting. However, the Member is not permitted to vote on any question in respect of the matter. In the case of a Meeting that is not open to the public, the Member may attend the Meeting or part of the Meeting during which the matter is under consideration but may not vote on the matter. - 43 - By-law XXXX/23 Page 9 04.04 Where a Member is absent from a Meeting which includes a matter on which they have a Pecuniary Interest, the Member shall disclose the interest at the next Meeting attended by the Member. 04.05 The Clerk shall record any declarations of interest made by a Member in the Meeting minutes, noting the matter and the general nature of the declaration. 04.06 Any verbal declarations made under this Section shall also be submitted in writing to the Clerk using the prescribed form and shall be made available in the Office of the Clerk through a Disclosure of Interest Registry. 05 Types of Meetings 05.01 Inaugural Meeting a) The Inaugural Meeting of Council shall be held no later than the second Monday after Council takes office pursuant to the Municipal Elections Act. b) The order of business for the first Meeting of Council shall be as follows: i) Call to Order/Roll Call ii) Moment of Reflection iii) Indigenous Land Acknowledgment Statement iv) Declarations of Office by Members v) Inaugural address vi) Adjournment 05.02 Regular Council Meetings All Regular Meetings of the Council shall be held on the fourth Monday of each month at the hour of 7:00 p.m. unless otherwise provided by resolution of the Council. If a Council Meeting falls on a public or civic holiday, the Council shall meet at the same hour on the next following day, which is not a public or civic holiday. 05.03 Regular Standing Committee Meetings There shall be two Standing Committees; a Planning & Development Committee and an Executive Committee. The Standing Committees shall be organized as follows: a) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. b) The Executive Committee shall meet on the first Monday of each month at 2:00 p.m., unless otherwise provided by resolution of the Council. If an Executive Committee Meeting falls on a public or civic - 44 - By-law XXXX/23 Page 10 holiday, the Committee shall meet at the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Office of the CAO, the Community Services Department, the Corporate Services Department, the Economic Development Department, the Engineering Services Department, the Finance Department, the Human Resources Department, the Fire Services Department, and the Operations Department. c) Aside from regularly scheduled Executive Committee Meetings, an annual Executive Committee Budget Meeting shall be included on the annual Committee & Council Meeting Schedule. Executive Committee Budget Meetings shall be chaired by the Mayor and a seconder shall not be required to move motions pertaining to the Budget deliberations. Executive Budget Meetings may be held in a meeting space other than the Council Chambers as deemed appropriate by the Clerk. d) The Planning & Development Committee shall meet on the first Monday of each month at 7:00 p.m. unless otherwise provided by resolution of the Council. If a Planning & Development Committee Meeting falls on a public or civic holiday, the Committee shall meet at the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Planning & Development Committee to report to Council on matters under the jurisdiction of the City Development Department. 05.04 Special Meetings of Council or a Standing Committee a) In addition to Regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the Special Meeting. b) Upon written receipt of a petition of the Majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time and date noted in the petition. c) The Clerk shall give all Members notice of a Special Meeting at least twenty-four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk for delivery of notices, and in default of provision of such address, to the Member’s City Hall office. d) The notice to be given shall indicate the nature of the business to be considered, as well as the date, time and place of the Special Meeting. - 45 - By-law XXXX/23 Page 11 e) No business other than that indicated in the notice shall be considered at the Special Meeting. f) Special Meetings of Committee or Council are not required to follow the Order of Business described in this By-law, and the business of a Special Meeting may be organized in a manner deemed appropriate by the Clerk. 05.05 Education & Training Sessions a) Education & Training Sessions are held as Special Meetings of Council and may either by open or closed to the public. b) An Education & Training Session may be held as a Closed Meeting in accordance with Section 239(3.1) of the Act, provided that no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council. c) Delegations shall not be received at an Education & Training Session as no decisions shall be made or considered. d) The agenda for the Education & Training Session shall state the general purpose or purposes for which the Meeting is being held. e) Notice of the Education & Training Session shall be given in accordance with the notice provisions of this By-law. f) The Clerk, or their designate, shall take minutes describing in general terms each subject matter dealt with at an Education & Training Session. 05.06 Closed Meetings a) All Closed Meetings of Council will be held immediately prior to the Regular Council Meeting as an In-camera Session, or by means of a Special Meeting of Council called by the Mayor or by a written petition of the Majority of the Members of Council. Closed Meetings shall only deal with the subject matter(s) that the Closed Meeting was called for. b) All Meetings shall be open to the public except where a matter meets one or more of the open meeting exceptions under Section 239(2), 239(3), and 239(3.1) of the Act. c) Before holding a Meeting, or part of a Meeting that is to be closed to the public, Council or a Committee must state by resolution, the fact of the holding of the Closed Meeting and the general nature of the matter(s) to be considered. - 46 - By-law XXXX/23 Page 12 d) All information, documentation, deliberations, or decisions received, reviewed, or made at a Closed Meeting, including the detailed agenda, are confidential and must not be released to the public or any individual not entitled to be present at Closed Meetings. e) The Clerk will distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member’s name. Confidential materials that must be emailed to Members or staff shall be password protected and such password provided by way of a separate means of communication. f) No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, employees or agents of the City, or persons retained under contract with the City. Any votes taken in a Closed Meeting shall be by a show of hands unless a Recorded Vote is requested by a Member in accordance with this By-law. g) When a Closed Meeting has occurred, the Committee or Council shall rise to open session and the Chair shall state aloud a public report of the general nature of the subject matter considered. Whenever possible, any direction provided to staff shall be presented in a motion duly moved and seconded in the open session. Where it is not possible to report publicly on matters considered during a Closed Meeting, the Chair shall provide a general statement of what occurred during the Closed Meeting and where necessary, may take a vote to approve the confidential direction provided during the Closed Meeting. h) When a decision is made by Council to relay information to the public regarding a Closed Meeting item, the Mayor or the Mayor’s designate, will release the information. i) The response of Members to inquiries about any matter dealt with by a Committee or Council at a Closed Meeting, prior to it being reported publicly, must be “no comment”, or words to that effect. No Member shall release or make public any information considered at a Closed Meeting, or discuss the contents of such Meeting with anyone other than Members or staff who were present at the Closed Meeting. j) In accordance with Policy ADM 070, Code of Conduct, any violations pertaining to the disclosure of confidential information, may be investigated by the City’s Integrity Commissioner and any findings or recommended sanctions shall be reported to Council by the Integrity Commissioner in accordance with the provisions of the Code of Conduct. k) A person may request an investigation of whether a municipality or local board has complied with Section 239 of the Act, or the Procedure By-law, in respect to a Closed Meeting or part of a Closed - 47 - By-law XXXX/23 Page 13 Meeting, by contacting the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed a closed meeting investigator. 05.07 Statutory Public Meetings a) Statutory Public Meetings shall be held at the appropriate Standing Committee Meeting, as required by statute, or by Council, or when considered desirable by staff. b) Appropriate advertising shall be undertaken as required by statute, by- law or in accordance with City policy, to advise interested persons of the subject matter, date and time of the Meeting where the matter will be considered. c) When appropriate, Statutory Public Meetings may also be held at Special or Regular Meetings of Council. 05.08 Other Committee Meetings All Committees of Council are required to adhere to this Procedure By-law and the Committee’s Terms of Reference, however, in accordance with Policy ADM 040, a Committee may choose to adopt simplified Procedures, subject to the approval of the Clerk. 05.09 Ad Hoc Committee Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. Ad Hoc Committees shall be established in accordance with Policy ADM 040, Committees and Taskforces of Council, and shall be subject to all Meeting provisions contained in this By-law. When an Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved. Ad Hoc Committees shall not be established for a term longer than one year. 05.10 Upper Tier Council Meetings – Appointment of Alternate Member Council may appoint one of its Members as an Alternate Member of the Upper Tier Council to act in place of any Regional Councillor when they are unable to attend a meeting of the Upper Tier Council for any reason, subject to the following limitations: a) No more than one Alternate Member may be appointed during the term of Council; b) Notwithstanding Section 05.10 a), if the seat of the appointed Alternate Member becomes vacant, Council may appoint another of its Members as an Alternate Member for the remainder of the term of Council; c) Council may not appoint an alternate for the Alternate Member; and - 48 - - By-law XXXX/23 Page 14 d) When acting in their capacity as an Alternate Member on the Upper Tier Council, the Alternate Member shall adhere to all policies, procedures, practices, and codes of conduct established by the Upper Tier Council. 06 Notification of Meetings 06.01 Public Notification Public notification shall be deemed to have been given by the posting of the Committee or Council agenda on the City website as follows: a) Committee Meetings – by end of day on the Thursday, eleven (11) days prior to the Meeting. b) Council Meetings – by end of day on the Thursday prior to the Council Meeting. c) Special Meetings – at least twenty-four (24) hours preceding the Meeting. d) Closed Meetings – at least twenty-four (24) hours preceding the Meeting. 06.02 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may urgently affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as practicably possible and in the most expedient manner available. 06.03 Cancellation/Postponement of Meetings Any Meeting may be cancelled or rescheduled to a day, time, and place, set out in a written notice from the Clerk, sent to each Member at least twenty-four (24) hours before the scheduled date of the Meeting. A Meeting may be cancelled if the Clerk determines in advance that Quorum will not be achieved, there are no agenda items, or by way of a resolution of the Committee or Council as the case may be. Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the Clerk shall attempt to notify the public as soon as practicably possible and in the most expedient manner available. 07 Meetings 07.01 Place of Meetings All Regular Meetings of the Council and Standing Committees shall be held in the Council Chambers at the City of Pickering Civic Complex, One The - 49 - By-law XXXX/23 Page 15 Esplanade, Pickering, Ontario, unless otherwise decided by the Mayor and the Clerk. 07.02 Information pertaining to a Committee or Council Meeting including the Meeting agenda, reports and any Supplemental Information Packages shall be sent to all Members. 07.03 Chairing of Meetings a) Every Council Meeting shall be chaired by the Mayor, if present; b) The Chair of the Standing Committees shall be rotated each Meeting amongst the Councillors, in alphabetical order by last name. 07.04 Absence of Chair a) Council Meetings - If the Mayor does not attend within fifteen (15) minutes after the hour is fixed for the holding of the Meeting of the Council and if a Quorum is present, the Deputy Mayor shall preside over the Meeting and have the same authority to Chair the Meeting as the Mayor. Should the Mayor arrive at the Meeting, the Deputy Mayor shall relinquish the Chair back to the Mayor. b) When the Mayor and Deputy Mayor are absent from a Meeting or refuse to act, the Council may by resolution appoint another Member to act in the place and stead of the Mayor and Deputy Mayor, and such Member shall have the same authority to Chair the Meeting as the Mayor. Should the Mayor or Deputy Mayor arrive at the Meeting, the Member acting in their stead shall relinquish the Chair back to the Mayor or Deputy Mayor as the case may be. c) Standing Committee Meetings – If the Chair does not attend within fifteen (15) minutes after the hour is fixed for the holding of the Meeting of the Committee and if a Quorum is present, the Councillor who is next in alphabetical order to Chair will assume the position of Chair. 07.05 Calling the Meeting to Order The Chair, as soon after the hour is fixed for the holding of the Meeting, and if a Quorum is present, shall take the Chair and call the Meeting to order and shall ask the Clerk or their designate to conduct a roll call of the Members present or absent from the Meeting. 07.06 Quorum a) If a Quorum is not present within fifteen (15) minutes after the time appointed for a Meeting of the Council or Committee, the Clerk shall record the names of the Members present and the Meeting shall stand adjourned until the next Meeting. - 50 - By-law XXXX/23 Page 16 07.07 Clerk’s Attendance at Meetings The Clerk or the Clerk’s designate, shall be present at all Meetings of Council; however, they may delegate a member of staff to act in their stead at a Committee Meeting. 07.08 Recording of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be an open or Closed Meeting; b) The record required by the Act in respect of a Meeting, shall be made by: i) The Clerk, or the Clerk’s designate, in the case of a Meeting of Council; or ii) The appropriate City staff, in the case of a Meeting of a Committee. c) Except for Recorded Votes, a record or notation of a Member’s opposition or favour on any issue will not be recorded in any Meeting minutes. 07.09 Signs, Banners, Emblems, Flags, Cameras, and Video Recordings at Meetings a) Meetings may be audio or video recorded, broadcast and/or livestreamed publicly by the City, with the exception of Closed Meetings. b) To ensure that all members of the public are comfortable participating in Meetings, signs, banners, emblems, and flags, are prohibited in the Chambers or any space where a Meeting is being held. c) Meeting attendees may record all or portions of open Meetings provided that in doing so, it is not disruptive to the Meeting or other attendees. d) Should a Meeting attendee violate these Procedures, the Chair may ask that the individual be removed from the Meeting. 07.10 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk : a) Shall be allowed on the floor of the place a Meeting is being held while Council or a Committee is sitting; - 51 - By-law XXXX/23 Page 17 b) Material to be distributed to Council during a Meeting can only be distributed by the Clerk or the Clerk’s designate. 07.11 Petitions Petitions presented during a Council or Committee Meeting shall be provided to the Clerk and the Clerk shall process the petition in accordance with the City’s procedures pertaining to petitions. 07.12 Change in Order of Business All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a Majority vote of the Members present and voting. 07.13 Consideration of Items Council may consider any matter without referring it to a Committee or may refer it to a Committee or to any number of Committees, and may withdraw a matter from a Committee at any time. 07.14 Staff/Consultant Delegations for Staff Reports Where possible, a staff report that includes a Consultant Delegation shall be listed first under Matters for Consideration (Standing Committee Agendas) or New and Unfinished Business (Council Agendas), so that the consultant may leave the Meeting after their item has concluded to avoid additional costs to the City should there be a large volume of reports on the agenda. 07.15 Adjournment Hour a) All Meetings shall stand adjourned no later than the hour of 11:00 p.m. b) In the event the business before Council has not been completed at the hour of 11:00 p.m., the Committee or Council may, by a Majority vote of the Members present, approve an extension of the Meeting to the hour of 12:00 a.m. c) Motions to continue past 11:00 p.m. are not debatable. d) At 12:00 a.m., any unfinished business shall be deferred to a Special Meeting of the Committee or Council, to be held at 7:00 p.m. on the Monday immediately following, unless a resolution is made to hold the Meeting on another day and time. Only those items of outstanding business shall be included and considered at the Special Meeting. A resolution to hold the Meeting on another day and time requires a Majority vote and if adopted, the Meeting cannot be scheduled sooner - 52 - By-law XXXX/23 Page 18 than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. e) In either instance noted above, and if at a Council Meeting, a confirmatory by-law shall be adopted before the original Meeting adjourns in order to ratify the business that has already been conducted. Items deferred to a Special Council Meeting agenda will be confirmed through the Confirmatory By-law of that Meeting. Delegations shall not be permitted for items that are deferred to a future Meeting under this Section as they would have already had opportunity to delegate at the original Meeting. 08 Delegations 08.01 Delegations a) Delegations shall be directed to the appropriate Standing Committee having charge of the matter which is the subject of the Delegation. b) Delegations that were not able to attend a Standing Committee Meeting, or that have already appeared at a Standing Committee regarding a particular matter, are permitted to delegate at Council on those matters, however, those who have already delegated at the Standing Committee may only delegate at Council if they have additional or new information about the matter. c) Despite clause a) above, a Delegation may delegate directly to Council if the matter in which they are delegating did not first appear at a Standing Committee or if the Clerk determines that the matter is of an urgent nature and cannot wait for the next applicable Standing Committee Meeting. d) All in-person Delegations, for items listed on an agenda, shall register in writing with the Clerk by 12:00 noon on the day of the Meeting. e) All electronic Delegations, for item listed on an agenda, shall register in writing with the Clerk by 12:00 noon on the business day prior to the Meeting. f) All Delegations for items not listed on an agenda shall register ten (10) days prior to the Meeting. g) Delegations that have not registered in writing by the timelines noted above shall only be heard if permitted by a Two-Thirds Majority vote of Members present at the Meeting. - 53 - By-law XXXX/23 Page 19 h) Members of the public may submit written comments in addition to, or in lieu of, a verbal Delegation, by noon on the business day prior to the Meeting and such written comments shall be provided to all Members of Council prior to the Meeting through the Supplemental Information Package. i) A Delegation appearing before Council or Committee for items not listed on an agenda shall not be placed on an Agenda to discuss the same matter within six (6) months of the last appearance by the same delegate. j) Delegations shall not be permitted to speak before a Committee or Council for the sole purpose of generating publicity for an event, a product or a service. k) Delegations shall not be permitted to speak to matters which have been referred to staff for a report until the matter is before a Standing Committee or Council. l) Delegations shall not be permitted to speak to matters which are not within Council’s jurisdiction. m) Delegations shall not be permitted to speak to matters which have been decided upon by Council unless the matter is before Council for reconsideration. n) Delegations will not be permitted for deferred items except for those who did not delegate on the matter when it originally appeared before the Committee or Council prior to it being deferred. o) Delegations shall not be permitted to speak to a report provided by the City’s Integrity Commissioner. p) A maximum of five (5) minutes shall be allotted for each Delegation at a Meeting. q) A Delegation will not be permitted to take any unused time allocated to another Delegation. r) Should there be more than one individual that registers to speak as a group, the group shall be allotted up to ten (10) minutes to delegate. s) The five (5) minute Delegation speaking limit may be extended by two (2) additional minutes if approved by a motion duly moved and seconded and carried by a Majority vote of the Members present. t) Delegations are encouraged not to repeat information presented by an earlier Delegation at the same Meeting. - 54 - By-law XXXX/23 Page 20 08.02 Delegations at a Statutory Public Information Meeting Delegations for Statutory Public Information Meetings, who are participating electronically, must register with the Clerk by 12:00 noon the business day prior to the Meeting. Delegations appearing in person for Statutory Public Meetings are encouraged to register with the Clerk by 12:00 noon on the day of the Meeting. Delegations will be permitted from the gallery without prior registration only during the Statutory Public Information Meeting portion of a Meeting held under the provisions of the required statute, but shall be heard after all Delegations, either electronically or in-person, who have pre-registered with the Clerk by the applicable deadlines. 08.03 Delegations Requesting Action Delegations which appear at a Meeting and request that action be taken shall, if required by a Majority of the Members present at the Meeting, be referred to City staff for a report that shall be dealt with at a future Meeting. The direction to refer such a matter to City staff shall include the Committee or Council Meeting that the matter shall be presented at. 08.04 Audio Visual Equipment for Delegations The City’s audio visual equipment may be used to assist in presentations by Delegations, provided that permission has been obtained for use of such equipment from the Clerk. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the Meeting at which the Delegation is to appear. 08.05 Priority of Delegations Delegations shall be listed on the agenda in the order in which the Clerk received the requests. For Statutory Public Information Meetings, where more than one person wishes to make a Delegation on a particular matter, the proponent or their authorized representative, will be listed last in order to afford the proponent the opportunity of making a Delegation after all other interested persons have done so. 08.06 Conduct of the Delegation a) The Chair may impose restrictions on any Delegation and any questions to a Delegation for disorder or any other breach of this By- law and, if the Chair rules that the Delegation is concluded, the person or persons appearing shall end the Delegation. b) Delegations shall not: i) speak disrespectfully of any person; - 55 - By-law XXXX/23 Page 21 ii) use offensive words; iii) speak on any subject other than the subject for which they have received approval to address Committee or Council; iv) disobey a decision of the Chair, the Committee or Council; v) debate with other Delegations, City staff, Council Members or the Chair. 08.07 Questions to the Delegation a) Upon the completion of a Delegation, any discussion between Members and the Delegation shall be limited to asking questions for clarification and/or obtaining additional, relevant information only. b) All questions to a Delegation from Members shall be stated succinctly. Members shall not question a Delegation for the purpose of expanding the scope of the Delegation’s remarks or for adding the Member’s own statements through the Delegation. Delegations are an opportunity for Delegates, not Members, to make their views known. Questions from Members such as “are you aware”, “do you agree” or “wouldn’t you say” shall not be permitted as they do not seek clarification or additional relevant information. Members shall not enter into debate with Delegations. Questions to the Delegation shall be presented in a courteous and non-argumentative manner. c) Once a motion has been moved and seconded, no further representation from or questions of the Delegation shall be permitted. 09 Electronic Participation 09.01 A Member of Council may participate electronically in a Meeting that is either open or closed to the public should they be unable to participate in person for reasons pertaining to a medical condition or illness (pertains to either the Member, the Member’s family member, or someone under the primary care of the Member), City business, in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies, or for any other unforeseen circumstance with prior approval from the Clerk. A Member of Council participating electronically shall be counted in determining whether or not a Quorum of Members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.02 A Member of a local board, task force, an advisory or ad-hoc committee, may participate electronically in a Meeting that is either open or closed to the public and in doing so may be counted in determining whether or not a Quorum of Members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.03 The Clerk may provide for electronic participation of staff at any Meeting, including the Clerk. The Clerk may also provide for electronic participation for - 56 - By-law XXXX/23 Page 22 consultants or anyone who has been hired by the City to provide services or expertise on a particular matter or project. Such electronic participation is not limited to an audio connection and consultants shall be provided with a link to appear by video during an electronic Meeting. 09.04 Notwithstanding the provisions of Section 09.01, the Clerk may provide for electronic participation for all Members of Council should the appropriate meeting space containing the required technology (including the necessary components to operate the livestreaming of the proceedings) not be available for any reason, in order to comply with the open Meeting rules under the Act. 09.05 Electronic Meetings are those held by means of telecommunication instruments including but not limited to telephones, video conferencing, computers with internet access, conferencing platforms and software programs. The means used to facilitate an electronic Meeting shall be determined by the Clerk. 09.06 A Member must provide sufficient notice to the Clerk, their designate, or the Staff Liaison of a Committee, of their intent to participate electronically in a Meeting to ensure the proper technology is enabled to make electronic participation possible. The Member must give at least 48 hours’ notice of their intent to join the Meeting electronically unless extraordinary circumstances apply. 09.07 A member of the public may delegate via electronic participation through the use of a video connection into the electronic meeting platform, and the Clerk shall arrange for such Delegations. Delegations connected through video shall not be permitted to activate their camera or microphone unless invited by the Chair to do so. A member of the public delegating electronically shall abide by all of the Meeting decorum provisions of this By-law. The Clerk may require any Delegation to participate electronically in the event of any situation (including a pandemic) in which physical distancing, limited gatherings or quarantine measures are required by local, Provincial or Federal public health agencies, or for the reasons outlined in Section 09.04. 09.08 Where a member of the public requests to participate electronically, it is the delegate’s responsibility to ensure they have the appropriate technology to connect to the Meeting. Where technical issues arise in connecting a Delegate into a Meeting, it shall in no way affect the validity of the Meeting or any action taken at the Meeting. In lieu of a successful electronic connection, members of the public may submit written comments to the Clerk which shall be distributed to all Members of Council after the Meeting. 09.09 If the live stream stops working during a Meeting that involves electronic participation (full or hybrid), the Meeting shall recess for fifteen (15) minutes while the live streaming issues are resolved. If the issues cannot be resolved during the fifteen (15) minute recess, then the Meeting will be adjourned until the live stream is restored. - 57 - By-law XXXX/23 Page 23 09.10 Subject to these provisions for electronic participation, all other provisions of the Procedure By-law continue to apply and the Chair shall determine and maintain order of the Meeting as needed. 10 Conduct at Meetings 10.01 Members of the Public The Chair will ensure that members of the public are respectful of Council, staff, Delegations and all attendees at the Meeting by not heckling, speaking disruptively, making comments or applauding. All communication devices shall be set to silent during a Meeting, with the exception of assistive listening devices or other provisions required by persons with disabilities. 10.02 Members of Committee and Council shall: a) act in accordance with their Declaration of Office and the provisions of this By-law; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings; d) not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; e) not use offensive words or unparliamentarily language in or against Council or against any Member; f) not speak on any subject other than the motion being debated; g) not criticize any decision of Council except for the purpose of moving a motion to reconsider a previous decision of Council; h) refrain from engaging in private conversations while in a Meeting and from using communication devices in a disruptive manner; i) inform the Clerk of their absence prior to any Meeting in which they will be absent. - 58 - By-law XXXX/23 Page 24 10.03 Actions When a Member’s Behaviour is Inappropriate The Chair may Call the Member to Order and take one or more of the following actions: a) decide that there was no breach of the rule; b) ask the Member in breach of the rules to stop the behaviour; c) ask the Member to withdraw what was said; or d) ask the Member to apologize. 10.04 If previous attempts to call the Member to order have failed, the Chair may refrain from recognizing the Member for the balance of the Meeting, in which case the Member shall not be permitted to speak or vote for the remainder of the Meeting. 11 Order of Business for Council Meetings 11.01 The Order of Business for the Regular Meetings of Council shall be as follows: a) Call to Order/Roll Call b) Moment of Reflection c) Indigenous Land Acknowledgment Statement d) Disclosure of Interest e) Adoption of Minutes f) Presentations g) Question Period h) Delegations i) Correspondence j) Committee Reports k) New and Unfinished Business l) Motions and Notices of Motion m) By-laws n) Confidential Council – Public Report o) Regional Councillor Updates p) Other Business q) Confirmatory By-law r) Adjournment 12 Moment of Reflection and Indigenous Land Acknowledgement Statement At the Inaugural and all Regular Meetings of Council, the Mayor or Chair shall pause for a silent moment of reflection and after such moment has passed, shall read out the Indigenous Land Acknowledgment Statement. - 59 - By-law XXXX/23 Page 25 13 Presentations a) Charities, organizations or individuals wishing to address Council to inform Members of special events or achievements, to seek Council’s recognition of an event or achievement or to make a presentation to Council shall request the opportunity to be granted Presentation status. b) It shall be the duty of the Mayor to make Presentations and to accept Presentations, on behalf of Council, at Meetings of Council. Where a Presentation is made or accepted from an organization on which a Member of Council has been appointed to sit, the Presentation shall be jointly made or accepted with the appointed Member of Council. Where appropriate, Presentations may be made or accepted jointly with another Member or Members of Council at the discretion of the Mayor. c) The request for Presentation status shall be submitted to the Clerk, in writing, no later than 14 days preceding the Meeting at which the Presentation is to be made. 14 Question Period a) An opportunity will be provided for any member of the public who is physically in attendance at a Council Meeting, to ask the Mayor a question pertaining to any matter appearing on the Council agenda. b) All questions will be answered by the Mayor, unless in the Mayor’s opinion the answer could be better provided by another Member of Council or City staff. c) The Question Period shall be limited to a total of fifteen (15) minutes unless extended by the Mayor/Chair. d) A member of the public shall be permitted to ask one (1) question and one (1) supplemental question if required. e) Questions posed by a member of the public under this Section of the By- law shall not be countered by any questions from Members or staff unless it is for the purpose of seeking clarification on the question being asked. f) Members shall not enter into debate on any questions asked during the Question Period. g) The dialogue that takes place during the Question Period shall not be included in the formal Meeting minutes, and there shall be a general statement in the minutes under the Question Period header that states “A general question and answer period ensued”. Should a member of - 60 - By-law XXXX/23 Page 26 the public wish to understand what questions and answers were provided, they may view the meeting video posted on the City’s website. 15 Correspondence 15.01 Correspondence received in the Clerk’s Office for distribution to Council shall be provided through a weekly Council Information Index (CII). The Clerk shall prepare the CII and it shall be delivered to Members of Council every Friday afternoon by email and shall be copied to the CAO, Directors, and any other staff as determined by the Clerk. 15.02 Members of Council may pull any item from the CII and make a request in writing to the Clerk to place the item on the next regular Council Meeting agenda under Correspondence. The Member must identify the correspondence number and specific subject matter in their request to the Clerk, and shall copy all Members of Council, the Mayor, Directors, and the CAO on such requests. The Member shall also provide the accompanying recommendation relating to the disposition of the correspondence and such recommendation shall be included in the Council Meeting agenda with the item for Council’s consideration and disposition as it deems appropriate. 15.03 Correspondence shall be presented at Council Meetings only and shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shall be filed with the Clerk by no later than 12:00 noon on the Tuesday before the Council Meeting in which it will be considered. 15.04 In addition to correspondence requested by a Member of Council, from time to time, the Clerk shall include correspondence memos from staff pertaining but not limited to, annual work plans and updates from Committees through the designated staff liaison, appointments of Members of Council to various Committees in accordance with Policy ADM 045, and correspondence from the Ombudsman or the City’s Integrity Commissioner on a Council agenda. Any proposed recommendations relating to these pieces of correspondence shall be at the discretion of the Clerk and will be included on the Council agenda for Council’s consideration and disposition as it deems appropriate. Any correspondence from the Ombudsman or Integrity Commissioner will be provided in the weekly Council Information Index so that Members are aware of and have opportunity to read the correspondence prior to it being printed in a Council agenda. 16 Committee Reports 16.01 Standing Committee reports shall be forwarded to the first regular Council Meeting following the Meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. - 61 - By-law XXXX/23 Page 27 16.02 Any Reports referred back to staff at a Standing Committee shall be included in the Committee Report with a notation that the matter was referred back to staff at the Committee Meeting. The matter will come before Council in a subsequent Committee Report on a future Council Agenda once the matter has returned to the appropriate Standing Committee Meeting. 16.03 Should a Standing Committee not provide a recommendation on a matter, or defeat a staff recommendation, the Clerk shall include the item on the Council agenda as part of the Committee Report and shall include a notation that states “No Committee Recommendation - Council Direction Required”. The original staff recommendation shall be listed for reference purposes only to aid Council in their deliberations on the matter. Council may discuss, debate, adopt, amend or defeat the original staff recommendations as it deems appropriate. This does not apply to recommendations that have been referred back to staff by the Committee as those matters will be presented at a future Standing Committee Meeting. 17 New and Unfinished Business 17.01 Reports of an Urgent Nature Departmental reports which are deemed by the CAO to be of an urgent nature, due to timing or public importance, and which cannot be presented through the regular Standing Committee cycle, may be listed under the New and Unfinished Business section of a Council agenda for Council’s consideration. Whenever possible, staff reports shall be presented to the appropriate Standing Committee rather than going directly to Council to provide as much notice to the public and Council as possible. 17.02 Introduction of a Motion a) If a motion by a Member of Council cannot be presented through the Notice of Motion process outlined in this By-law, a Member may, with the consent of Two-Thirds of the Members present, introduce a motion under New and Unfinished Business if the motion is of an urgent nature. Introduction of a motion without prior notice shall only be used in exceptional circumstances as it does not provide for public notice of the matter being presented and considered. b) A Member desiring to introduce a Motion must do so in writing to the Clerk in advance of the Meeting when possible. 18 Notices of Motions 18.01 A Notice of Motion is required for motions that are initiated by a Member of Council looking to introduce a new matter. - 62 - By-law XXXX/23 Page 28 18.02 A Member desiring to give notice of a motion must do so verbally at any Meeting, at least ten (10) days prior to the Meeting at which the motion will be presented. Introduction of a notice of motion must be done under “Other Business”. 18.03 In order to be listed in the applicable Council agenda, a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 p.m. on the Tuesday prior to the Council Meeting at which the motion will be considered. In providing the motion to the Clerk, the Member shall copy the Mayor, all other Members of Council, the CAO, and Directors, for their information and awareness that the motion will be forthcoming. 18.04 The Clerk, upon receipt of a motion described in this Section, shall print the motion in full in the agenda for the Council Meeting at which the matter will be considered. 18.05 A motion printed in the agenda need not be read unless requested by a Member and shall be deemed to be in possession of the Council when stated by the Chair at the appropriate time during the Meeting. 18.06 A Notice of Motion that has been introduced but does not appear on a Council agenda within two regular Council Meetings shall not be included on any Council agenda, unless otherwise directed by Council. Should the Member wish to bring the matter forward again, notice of the motion at a future Meeting will be required in accordance with the provisions of this By-law. 18.07 In drafting a motion, Members of Council shall consult with the CAO and/or appropriate City staff, to ensure that any technical information contained in the motion is accurate and actionable and that it aligns with the City’s Strategic Plan. 18.08 Despite being consulted on the technical information contained in a motion, staff do not have to agree with the merits of the motion being presented by a Member of Council. 19 By-laws 19.01 All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. 19.02 Every by-law, when introduced, shall be complete except for the by-law number and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any statute. 19.03 Every by-law which has been approved by Council shall be numbered, dated, sealed with the seal of the Corporation, signed by the Mayor and the Clerk and - 63 - By-law XXXX/23 Page 29 retained by the Clerk as a permanent City record in accordance with the City’s Records Retention By-law. 20 Regional Councillor Updates 20.01 A Regional Councillor may give a verbal update pertaining to matters before the Council of the Regional Municipality of Durham to inform other Members, City staff or the public. 20.02 Updates under this Section of the By-law shall be limited to five (5) minutes per Regional Council Member. 20.03 Members shall not enter into debate on matters presented under this section of the By-law and shall not ask questions of the Regional Councillor unless it is to seek clarification on the information being provided. 21 Other Business 21.01 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance or interest however, such comments shall not be included in the official Meeting minutes. 21.02 Notice of Motion A Member who wishes to give notice of a motion shall do so under “Other Business”. 21.03 Substantive Information Reports A Member may move a motion requesting a substantive report from staff and such motion shall require a seconder and the approval of a Majority of the Members present at a Meeting. Such requests shall identify the appropriate Department and/or Director, the objective(s) of the report, and the Standing Committee or Council Meeting the report is to be presented at. Any Member moving a motion for a Substantive Report shall consult with the CAO to ensure that the timelines for reporting back are consistent with existing staff workplans and priorities. 22 Confirmatory By-law At the conclusion of all Regular and Special Meetings of Council, and prior to adjournment, a By-law shall be brought forward to confirm the proceedings of the Council in respect of all motions, resolutions and other actions taken at the Meeting. A Confirmatory By-law, when introduced, shall be taken as having been read and shall be voted on without debate. - 64 - By-law XXXX/23 Page 30 23 Order of Business for Standing Committee Meetings 23.01 The Order of Business for Regular Standing Committees shall be as follows: a) Call to Order/Roll Call b) Disclosure of Interest c) Delegations d) Matters for Consideration e) Member Updates on Committees f) Other Business g) Adjournment The provisions noted in the preceding section describing the order of business on a Council Agenda shall also apply to the same sections at Standing Committee Meetings. The following provides an explanation of the additional section contained on Standing Committee agendas. 23.02 Member Updates on Committees Members may provide updates as the Council representative for a Committee of Council. Such updates shall be limited to a verbal update, and may provide information on the Committee’s Workplan, ongoing mandate, or any other matter that is before the Committee. Any recommendations of the Committee must be presented in accordance with Policy ADM 040, Committees and Taskforces of Council, and through the applicable staff liaison for the Committee and shall not be presented during a Member’s update on a Committee. 24 Rules of Debate 24.01 No Member shall be deemed to have precedence or seniority over any other Member. 24.02 When a Member is speaking, no other Member shall interrupt that Member except to raise a point of order or privilege. 24.03 During debate, and while the Chair is speaking, or when the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way except to raise a point of order or privilege. 24.04 Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member who is speaking. Despite this provision, if a motion is printed in an agenda, there shall not be a requirement for the motion to be read aloud. - 65 - By-law XXXX/23 Page 31 24.05 Before speaking to a matter or motion, a Member shall raise their hand and be recognized by the Chair prior to speaking to any matter and shall speak through the Chair. 24.06 When two or more Members wish to speak, the Chair shall recognize the Member who, in the opinion of the Chair, first signified their intention to speak. 24.07 After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other motion be presented until, after the result of the vote has been declared. 24.08 A motion in respect of a matter which requires the exercise of a legislative power by Council which is not within its jurisdiction, shall not be in order at a Meeting of Committee or Council unless it is for purposes of requesting a higher level of government to take a specific action or make changes to policy or legislation. 24.09 Speaking to a Motion A maximum of five (5) minutes shall be allotted to each Member wishing to speak to present their position on the motion. No Member shall speak more than once to the same motion except: a) with leave of the Chair, for not more than five (5) additional minutes, in explanation of a material part of their speech which may have been interpreted incorrectly; b) with leave of the Chair, for not more than five (5) additional minutes, after all other Members so desiring have spoken; or c) in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a five (5) minute period. 24.10 Questioning the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding the above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion, but only for the purpose of obtaining information, following which the Member shall speak. 24.11 Proceedings Decided by Chair - 66 - By-law XXXX/23 Page 32 In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal of the Chair’s decision by a Member of the Committee or Council. 24.12 Chair’s Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair’s decision, the decision of the Chair shall be final. 24.13 Appeal of Decision of Chair A Member may appeal any decision of the Chair. The appeal must occur immediately after the Chair states the decision. If the Member appeals the Chair’s decision, it shall be done by a duly moved and seconded motion, and Council shall decide the question without debate and the decision shall be final. The motion before Council would be “Do you support the Chair’s ruling, “Yes” or “No”. A tie vote sustains the decision of the Chair and the Chair is entitled to vote on the question. 25 Points of Order 25.01 A Member may at any time, raise a point of order to call attention to a violation of the Rules of Procedure and the Member must state the point of order to the Mayor/Chair succinctly. The Mayor/Chair shall then decide on the point of order immediately without debate and advise the Members of the decision. 25.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 26 Points of Privilege 26.01 Where a Member considers that the health, safety, rights and/or the integrity of anyone present at the Meeting has been impugned, they may at any time, raise a point of privilege. 26.02 A point of privilege shall take precedent over other matters, but the Members shall not be permitted to enter into any argument or debate. The Mayor/Chair shall decide on the point of privilege immediately and advise the Members of the decision. 26.03 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 26.04 Where the integrity of the staff or the CAO has been impugned, the Mayor/Chair may permit the CAO to make a statement to the Committee or Council. 27 Motions - 67 - By-law XXXX/23 Page 33 27.01 Except as otherwise provided in this By-law, all motions must be duly moved and seconded before the motion can be put on the floor for consideration and before the Mayor/Chair can call the question. All motions, including amendments, shall be in writing to ensure that all Members and the public are fully aware of the motion being voted on. 27.02 Direction to staff will be by motion except where the Chair, in consultation with senior City staff at the Meeting determines that a motion is not necessary. 27.03 Once a motion is in the possession of the Committee or Council, the mover may withdraw the motion at any time prior to it being amended or decided and such withdrawal may be made without consent of the seconder. 27.04 Motions in Order of Precedence The following motions are in order of precedence and can only be made if no motion of higher precedence is on the floor. Motions are listed in order from the bottom to the top. All motions listed below require a Majority vote of the Members present to be carried unless otherwise stated: a) Motion to Adjourn b) Motion to Recess c) Motion to Table d) Motion to Call the Question (requires 2/3 Majority) e) Motion to Defer f) Motion to Refer g) Motion to Amend h) Motion to Suspend of the Rules (requires 2/3 Majority) i) Motion to Divide j) Main Motion 27.05 Motion to Adjourn a) Is not debatable or amendable; b) Is always in order except: i. when a Member is speaking or during the taking of a vote; ii. immediately following the affirmative resolution of a motion that a vote on the matter now be taken; and, iii. when a Member has already indicated to the Chair that they wish to speak on the matter. c) If carried, requires that the Meeting end immediately, regardless of the stage of proceedings; d) If not carried, a motion to adjourn shall not be made again until further proceedings have been conducted by the Committee or Council; - 68 - By-law XXXX/23 Page 34 e) If the motion is to adjourn to a specific time, and if carried, it suspends the Meeting to continue at such specific time stated. 27.06 Motion to Recess a) A motion to recess is not debatable, shall specify the length of the recess, and may only be amended with respect to the length of the recess; b) Despite the aforementioned, the Chair may also call a recess for no more than 15 minutes without requiring a motion. 27.07 Motion to Table a) A motion to table temporarily sets aside a pending motion (or a series of pending motions) to consider another matter deemed more urgent; b) Is not debatable or amendable and shall not include additional instructions; c) The matter tabled shall not be considered again until a motion has been made to lift the matter from the table; d) If a motion is not taken from the table by the next Regular Meeting of the Committee or Council, the motion dies; e) A Member shall not be allowed to speak to a motion and immediately move a tabling motion; f) A motion to table is not in order to intentionally kill a motion. 27.08 Motion to Call the Question a) A Member may request the Chair call the question by presenting a motion that the question “now be put to a vote”; b) Shall require a 2/3 Majority vote of the Members present; c) A motion to call the question is not debatable or amendable and cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put to a vote. 27.09 Motion to Defer a) A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, and shall be in order after a motion is read or stated by the Chair; b) Is debatable and amendable however debate and any amendment shall be confined to the time and place to which the matter shall be deferred; - 69 - By-law XXXX/23 Page 35 c) The deferred matter will return in the same format as originally presented, to the time and place stated in the motion to defer. 27.10 Motion to Refer a) A motion to refer a matter to a Committee, Council or City staff must include the body to which it is being referred, the purpose of the referral, and the time in which it shall be returned (if applicable); b) A motion to refer a matter is debatable and amendable however debate and any amendment shall be limited to the time and place of the referral; c) A motion to refer shall be disposed of by the Committee or Council before the original motion or any other motion pertaining to the original motion and if carried, requires that consideration of the motion cease and the Meeting proceed to the next item of business. 27.11 Motion to Amend a) shall be presented in writing whenever possible; b) shall be relevant to the main motion; c) shall not be in order if it proposes a direct negative to the main motion; d) shall be disposed of before the main motion; e) Is debatable and amendable; f) a motion to amend an amending motion shall be disposed of before the motion to amend the original main motion; g) only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original main motion. 27.12 Motion to Suspend the Rules a) Any procedure required by this By-law may be suspended by a Two- Thirds Majority vote of the Members present unless otherwise provided for in any Act; b) Shall not be used to suspend the rules pertaining to Quorum or the provisions for open Meetings; c) A motion to suspend the rules is not debatable or amendable and shall not include additional instructions; d) If a motion to suspend the rules is adopted, the Chair shall observe and enforce the Rules of Procedure as altered by the resolution. 27.13 Motion to Divide - 70 - By-law XXXX/23 Page 36 A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a Majority vote of the Members present and voting. A motion to divide is not debatable or amendable and shall not include any additional instructions. For clarity, a motion to divide shall be handled as follows: a) A main motion is duly moved and seconded; b) A mover and seconder move for a “motion to divide” the main motion into separate items so that they may be voted on individually; c) The Chair calls the vote on the motion to divide, which is not debatable; d) If the motion to divide carries, the Chair will call the vote on the divided items separately and then on the balance of the main motion as applicable. 27.14 Motion to Reconsider a Previous Decision of Council a) A Member who voted on the prevailing side of a main motion may move for reconsideration of a decision of Council provided that no action has been taken on any part of the matter that cannot be undone; b) A reconsideration motion requires a Two-Thirds Majority vote of the Members present and no discussion of the original motion shall be allowed until the motion for reconsideration has carried; c) Reconsideration may be done at the same Meeting in which the matter was decided, and if the motion to reconsider carries, the reconsideration of the original resolution shall become the next order of business; d) If not done at the same Meeting in which the matter was decided, a Member may give notice of a motion for reconsideration of the matter at a subsequent Meeting. Such notice shall be given in accordance with Section 18 of this By-law. The resolution being reconsidered will be placed on the next Regular Council agenda under New and Unfinished Business. The previously adopted resolution of Council remains in force unless and until Council adopts a new resolution; e) A motion to reconsider is debatable only to the extent of the rationale for reconsidering the matter, and no debate of the matter itself shall be allowed unless the motion to reconsider carries; f) No matter shall be reconsidered more than once within 12 months; g) A notice of a written decision of the Ontario Land Tribunal (OLT) with regard to an appeal that requires Council to make a new decision, shall - 71 - By-law XXXX/23 Page 37 not be deemed a reconsideration of a Council decision in accordance with the provisions of this By-law. 27.15 Motion to Rescind a) A motion to rescind a previous resolution of Council may be moved by any Member provided that no action has been taken on the matter that cannot be undone. Notice of a motion to rescind a previous decision of Council shall be given in accordance with Section 18 of this By-law; b) A motion to rescind is debatable only to the extent of the rationale for rescinding the decision of Council; c) A motion to rescind a previous decision requires a Two-Thirds vote of the Members present and if the motion to rescind the prior decision carries, the resolution previously adopted by Council is immediately of no further force or effect; d) If it is possible to use a motion to reconsider, the motion to rescind shall not be in order. 28 Voting 28.01 Requirement to Vote All Members present and seated must vote. If a Member is present and does not vote they are deemed to have voted in the negative, except where the Member is disqualified from voting. 28.02 Vote Not Allowed A Member not in their seat when the question is called by the Chair is not entitled to vote on that question. 28.03 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 28.04 Determination of Votes The manner of determining the decision of Committee or Council on a motion shall be by the prominent show of hands. 28.05 No Secret Voting No vote may be taken by ballot or any other method of secret voting. - 72 - By-law XXXX/23 Page 38 28.06 Decorum While Calling Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat, and shall remain in their seat, until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 28.07 Disagreement with Result of Vote If a Member disagrees with the announcement of the Chair that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a Recorded Vote shall be taken. 28.08 Recorded Votes Where a vote of Committee or Council is taken for any purpose, a Member may request, immediately prior or immediately subsequent to the taking of the vote, that the vote be recorded. Each Member present, beginning with the requester of the Recorded Vote, and continuing alphabetically from that Member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. 28.09 Vote of the Chair The Chair, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions. 29 Contingencies In all contingencies not provided for in this By-law, the question shall be decided by the Chair and in making such a ruling, the decision shall be based on Robert’s Rules of Order. 30 Commencement and Administration 30.01 This by-law shall be administered by the Clerk. 30.02 The Clerk shall be authorized to make minor corrections to any By-law, Motion, Resolution, minutes or other Council document to eliminate technical or typographical errors. 30.03 By-law 7926/22 is hereby repealed. 30.04 The short title of this by-law is the “Procedure By-law”. - 73 - By-law XXXX/23 Page 39 By-law passed this 26th day of June, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 74 - Attachment #2 to Report CLK 07-23 The Corporation of the City of Pickering By-law XXXX/23 Being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Index 01 Definitions Page 5 02 Application of this By-law 7 03 Duties 7 Members Mayor or Chair 04 Disclosures of Pecuniary Interest 9 05 Types of Meetings 10 Inaugural Meeting Regular Council Meetings Regular Standing Committee Meetings Special Meetings of Council or a Standing Committee Education & Training Sessions Closed Meetings Statutory Public Meetings Other Committee Meetings Ad Hoc Committee Upper Tier Council Meetings – Appointment of Alternate Member 06 Notification of Meetings 17 Public Notification Emergency Notification Cancellation/Postponement of Meetings - 75 - By-law XXXX/23 Page 2 07 Meetings 18 Place of Meetings Information pertaining to a Committee or Council Meeting Chairing of Meetings Absence of Chair Calling the Meeting to Order Quorum Clerk’s Attendance at Meetings Recording of Minutes Signs, Banners, Emblems, Flags, Cameras, and Video Recordings Access to Council Floor Petitions Change in Order of Business Consideration of Items Staff/Consultant Delegations for Staff Reports Adjournment Hour 08 Delegations 22 Delegations Delegations at a Statutory Public Meeting Delegations Requesting Action Audio Visual Equipment for Delegations Priority of Delegations Conduct of the Delegation Questions to the Delegation 09 Electronic Participation 26 10 Conduct at Meetings 27 Members of the Public Members of Committee and Council Actions When a Member’s Behaviour is Inappropriate 11 Order of Business for Council Meetings 29 12 Moment of Reflection and Indigenous Land Acknowledgement Statement 29 13 Presentations 29 14 Question Period 30 - 76 - By-law XXXX/23 Page 3 15 Correspondence 30 16 Committee Reports 31 17 New and Unfinished Business 3231 Reports of an Urgent Nature Introduction of a Motion 18 Notices of Motions 32 19 By-laws 33 20 Regional Councillor Updates 33 21 Other Business 3433 Other Business Notice of Motion Substantive Information Reports 22 Confirmatory By-law 34 23 Order of Business for Standing Committee Meetings 3534 Order of Business for Regular Standing Committees Member Updates on Committees 24 Rules of Debate 35 Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair’s Decision Final Unless Appealed Appeal of Decision of Chair 25 Points of Order 37 26 Points of Privilege 37 27 Motions 3837 - 77 - By-law XXXX/23 Page 4 Motions in Order of Precedence Motion to Adjourn Motion to Recess Motion to Table Motion to Call the Question Motion to Defer Motion to Refer Motion to Amend Motion to Suspend the Rules Motion to Divide Motion to Reconsider a Previous Decision of Council Motion to Rescind 28 Voting 4443 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Votes Vote of the Chair 29 Contingencies 45 30 Commencement and Administration 4645 - 78 - -- - By-law XXXX/23 Page 5 01 Definitions a) “Act” means The Municipal Act, 2001, S.O. 2001, c.25, as amended; b) “Chair” means the person elected or chosen to preside over a Council, Standing Committee or other typepresiding officer at a of Meeting; c) “CAOhief Administrative Officer” means the Chief Administrative Officer of the City of Pickering; d) “Clerk” means the City Clerk of the City of Pickering; e) “Closed Meeting” means a Meeting which is not open tofor the public for reasons allowed under Section 239 of the Act attendance; f)“Committee” means Standing Committees, Ad-Hoc Committees, and Advisory Committees, Local Boards, and Taskforces which may be appointed established by Council or as required under statutefrom time to time; g) “Council” means the Council of the City of Pickering; h) “Councillor” means the city or regional elected representative of a Ward on the Council of the City of Pickering; i) “Delegation” means an address to Council or a Committee by one or more persons who are not Members of Council, City staff, orconsultants, or other individuals hired by the City; j) “Deputy Mayor” means the mMember of Council appointed to act in place of the Mayor under sSection 242 of the Act and in accordance with Policy ADM 045; k) “Inaugural Meeting” means the first Meeting of a new Council after a municipal election where the declarations of office are madetaken; “Immediate Family Member” means a Member’s child, parent, or spouse; l) “Majority” means greater than 50% for the purpose of voting, unless otherwise specified, more than half of the total number of the Members present at the vote and not prohibited from voting by statute; m) “Mayor” means the Head of Council for the City of Pickering; n) “Meeting” means any regular, special or other Meeting of Council, of a Local Board or of a Committee, where a Quorum of Members is present and the Members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the - 79 - By-law XXXX/23 Page 6 Council, Local Board or Committee in accordance with Section 238 of the Act; o) “Member” means a member of the Council or Committee; p) “Notice of Motion” means advance verbal notice, given by a Member, to Members oadvising that the motion f a matter on which Council will be brought forward at a future Meeting for considerationasked to take a position; q) “Pecuniary Interest” means a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50, as amended; r) “Presentation” means a ceremonial presentation of a tangible item or recognition to or from the City of Pickering; s) “Public Consultation Meeting” means a Meeting hosted by staff, committee or Council in order to receive input from the public regarding a specific matter; s) “Quorum” means a Majority of the Members elected to Council or the number of Members required for the legal conduct of the business of Council or a Committee; t) “Recorded Vote” means the making of a written record of the name and the vote of each Member who votes on a questionmatter; u) “Regular Meeting” means a scheduled Meeting held in accordance with the approved annual Committee & Council calendar/schedule of Meetings Schedule; v) “Rules of Procedure” means the rules which are set forth in this bBy- law; w) “Special Meeting” means a Meeting of Council or a Committee that is arranged outside of the normal Committee & Council calendar/schedule of Meetings Schedule to deal with only specific item(s) of business; x) “Standing Committees” means the Executive Committee or the Planning & Development Committee; and, y) “Statutory Public Information Meeting” means a Meeting that is legislated under a statute n Act and hosted by staff, a Standing Committee or Council in order to inform the members of the public about a matter. - 80 - By-law XXXX/23 Page 7 z) “Substantive Report” means a written report, whereby staff are required to gather data/information and perform an analysis of such data/information in order to draw a conclusion and possible recommendation or action based on the analysis, which is presented to the appropriate Standing Committee or Council; aa) “Supplemental Information Package (SIP)” means a compilation of information pertaining to an upcoming Meeting including but not limited to additional Delegations who registered after the publication of the agenda, written submissions from the public, PDF or PowerPoint presentations related to Delegations and any other information that Members require to aid in their decision-making at a Meeting. Supplemental Information Packages shall be compiled by the Clerk and provided by email to all Members on the business day prior to the date in which the Meeting is held. bb) “Two-Thirds” means two-thirds of the Members present at a Meeting and not disqualified from voting on a matter. The calculation shall be as follows: five of seven Members four of six Members four of five Members three of four Members 02 Application of this By-law The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and shall be the rules of order of business in Council and Committee Meetings. Where In the case for which a provision is not made in this By-law, the procedure to be followed shall be determined by the Chair in consultation with the Clerk as neededa majority vote of the Members present and voting. 03 Duties 03.01 CouncilMembers Members of Committee and Council shall come prepared to every Meeting by having read all the material supplied, including agendas, and sstaff reports, and any Supplemental Information, to facilitate discussion and the determination of action at the Meeting. Whenever possible, the Member(s) shall consult and make inquiries of staff regarding the materials supplied in advance of the Meeting in order to provide for meaningful dialogue and effective decision-making of the Committee or Council. 03.02 The Mayor or Chair shall: - 81 - By-law XXXX/23 Page 8 a) Open the Meetings by taking the chair and calling the Members to order, addressing the business before the Committee or Council, and ruling on matters of procedure. Announce the business before Council or the Committee and the order in which it is to be acted upon. b) Receive and submit, in the proper manner, all motions presented by the Members. c) Put to a vote all motions, which are moved and seconded, or necessarily arise in the course of the proceedings, and announce the result. d) Enforce the Rules of Procedure and rule upon all procedural matters. e)d)Restrain the Members, when engaged in debate, within the Rules of Procedure. f)e) Enforce on all occasions the observance of order and decorum by the Members and any other persons present in at the ChamberMeeting. g)f)Call by name, any Member persisting in the breach of the Rules of Procedure and to order them to vacate the placeChamber in which the Meeting is being held. h)g)Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. i)h)Permit questions to be asked through the Chair of any staff in order to provide Members with information to assist any debate when the Chair deems it proper and appropriate. j) Rule on any points of order or points of privilege without debate or comment. k) Rule whether a motion or proposed amendment is in order. l)i)Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then call the question. m) The Chair may speak and/or vote on any question, but if they wish to make move or second a motion, they shall first leave vacate the Chair by designating an Acting Chair to act in their place, until disposition of the item has concluded and they resume the Chair. n) - 82 - By-law XXXX/23 Page 9 o) Call for a motion to adjourn the Meeting when the business is concluded. p)j) 03.03 In accordance with Section 259(1) of the Act, the office of a Member becomes vacant if the Member is absent from the Meetings of Council for three successive months without being authorized to do so by a resolution of Council. This section does not apply to a Member who is absent for 20 consecutive weeks or less if the absence is a result of the Member’s pregnancy, the birth of the Member’s child or the adoption of a child by the Member. 03.04 A Member who takes a pregnancy or parental leave shall notify the City Clerk in writing and will continue to be compensated under the Council Compensation Policy for the duration of their leave up to 20 consecutive weeks. 04 Disclosures of Pecuniary Interest Rules 0456.01 Where a Member has a Pecuniary Interest as defined in the Municipal Conflict of Interest Act, the Member shall, prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof. The Member shall not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during, or after the Meeting to influence the voting on any such question. Members shall not request the Clerk or other Staff members to provide advice or comment on whether a Member has a Pecuniary Interest. Advice pertaining to whether a Member should declare a Pecuniary Interest shall be obtained by the Member from the City’s Integrity Commissioner or the Member’s independent lawyer. 0456.02 Where the Meeting is not open to the public, in addition to declaring the conflict, the Member shall leave the Meeting, or the part of the Meeting during which the matter is under consideration. 0456.03 Notwithstanding Section 046.02, if the matter under consideration pertains to whether to suspend the remuneration paid to the Member under Subsection 223.4(5) or (6) of the Act, the Member may take part in the discussion of the matter, including making submissions to Council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the Meeting. However, the Member is not permitted to vote on any question in respect of the matter. In the case of a Meeting that is not open to the public, the Member may attend the Meeting or part of the Meeting during which thise matter is under consideration but may not vote on the matter. 0456.04 Where a mMember is absent from a Meeting which includes a matter on which they have a Pecuniary Interest, the Member shall disclose the interest at the next Meeting attended by the Member. - 83 - By-law XXXX/23 Page 10 0456.05 The Clerk shall record any declarations of interest made by a Member in the Meeting minutes, noting the matter and the general nature of the declaration. 0456.06 Any verbal declarations made under this Section 06.01 of this By-law shall also be submitted in writing to the Clerk using the prescribed form and shall be made available in the oOffice of the City ClerkClerk through a Disclosure of Interest Registry. 05 Types of Meetings of Council 045.01 Inaugural Meeting a) The Inaugural Meeting of Council shall be held no later than the second on the first Monday after Council takes office pursuant to the Municipal Elections Act. b) The order of business for the first Meeting of Council shall be as follows: i) Call to Order/Roll Call ii) InvocationMoment of Reflection iii) Indigenous Land Acknowledgment Statement iv) Swearing in ceremonyDeclarations of Office by Members v) Inaugural address vi) Adjournment 045.02 Regular Council Meetings All Regular Meetings of the Council shall be held on the fourth Monday of each month at the hour of 7:00 p.m. unless otherwise provided by resolution of the Council. If a Council Meeting falls on a public or civic holiday, the Council shall meet at the same hour on the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of the Council. 045.03 Regular Standing Committee Meetings There shall be two Standing Committees; a Planning & Development Committee and an Executive Committee. The Standing Committees shall be, to be considered as Standing Committees of Council for the purposes of this By-law, to be organized as follows: a) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. b) The Executive Committee shall meet on the first Monday of each month at 2:00 p.m. in the Council Chambers, unless otherwise provided by resolution of the Council. If an Executive Committee Meeting falls on a public or civic holiday, the Committee shall meet at - 84 - By-law XXXX/23 Page 11 the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Office of the CAO, the Community Services Department, the Corporate Services Department, the Economic Development Department, the Engineering Services Department, the Finance Department, the Human Resources Department, the Fire Services Department, and the Operations Department. b)c) Aside from regularly scheduled Executive Committee Meetings, an annual Executive Committee Budget Meeting shall be included on the annual Committee & Council Meeting Schedule. Executive Committee Budget Meetings shall be chaired by the Mayor and a seconder shall not be required to move motions pertaining to the Budget deliberations. Executive Budget Meetings may be held in a meeting space other than the Council Chambers as deemed appropriate by the Clerk. c)d)The Planning & Development Committee shall meet on the first Monday of each month at 7:00 p.m. in the Council Chambers, unless otherwise provided by resolution of the Council. If a Planning & Development Committee Meeting falls on a public or civic holiday, the Committee shall meet at the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Planning & Development Committee to study and report to Council on matters under the jurisdiction of the City Development Department. 045.04 Special Meetings of Council or a Standing Committee a) In addition to Regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the Special Meeting. b) Upon written receipt of a petition of the Majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time and date mentioned noted in the petition. c) The Clerk shall give all Members notice of a Special Meeting at least twenty-four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk for delivery of Nnotices, and in default of provision of such address, to the Member’s City Hall office. d) The notice to be given shall indicate the nature of the business to be considered, as well as the Special Meeting, date, time and place of the Special Meeting. - 85 - ----- By-law XXXX/23 Page 12 e) No business other than that indicated in the notice shall be considered at the Special Meeting. e)f) Special Meetings of Committee or Council are not required to follow the Order of Business described in this By-law, and the business of a Special Meeting may be organized in a manner deemed appropriate by the Clerk. 045.05121 Education & Training Sessions a) Education & Training Sessions are held as Special Meetings of Council and may either by open or closed to the public. b) The An Education & Training Session may be held as a Closed Meeting in accordance with Section 239(3.1) of the Act, provided that no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council. c) Delegations shall not be received at an Education & Training Session as no decisions shall be made or considered. c)d) The agenda for the Education & Training Session shall stateCouncil, in deciding to convene an Education & Training Session, shall designate the general purpose or purposes for which the session Meeting is to being held as permissible under Section 239 of the Municipal Act, 2001.. d)e)Notice of the Education & Training Session shall be given in accordance with Section 07the notice provisions of this By-law. e) At the Meeting, no member shall discuss or otherwise deal with any matter in a way that materially advances the business or decision- making of the Council. f) The Clerk, or their designate, shall take notes minutes describing in general terms each subject matter dealt with at an Education & Training Session. 045.0645 Closed Meetings a) All Closed Meetings of Council closed to the public will be held immediately prior to the Rregular start time, unless otherwise provided by resolution of CouncilCouncil Meeting as an In-camera Session, or by means of a Special Meeting of Council called by the Mayor or by a written petition of the Majority of the Members of Council. Closed Meetings shall , and will only deal with the subject matter(s) that the Closed Meeting was called forCouncil is authorized to deal with in a closed session. b)05.01 a) All Meetings shall be open to the General - 86 - By-law XXXX/23 Page 13 public except where a matter meets one or more of the open meeting exceptions under Section 239(2), 239(3), and 239(3.1) of the Act. A Meeting or part of a Meeting may be closed to the public if the subject matter being considered is: a) the security of the property of the municipality or local board; b) personal matters about an identifiable individual, including municipal or local board employees; c) a proposed or pending acquisition or disposition of land by the municipality or local board; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which council, board, committee or other body may hold a closed meeting under another Act; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. c) Before holding a Meeting, or part of a Meeting that is to be closed to the public, Council or a Committee must state by resolution, the fact of the holding of the Closed Meeting and the general nature of the matter(s) to be considered. - 87 - ------ By-law XXXX/23 Page 14 05.03d) Public Information on Closed Meeting Business Before holding a Closed Meeting or part of a Meeting that is to be closed to the public, Council or a Committee must state the fact of the holding of the closed Meeting, and the general nature of the matter to be considered at the closed Meeting and, if the Closed Meeting is an educational or training session the fact that it is closed pursuant to section 239(3.1) of the Act. All information, documentation, deliberations, or decisions received, reviewed, or made at a Closed Meeting, including the detailed agenda, are confidential and must not be released to the public or any individual not entitled to be present at Closed MeetingsIf a Member of Council wishes to introduce new business at a Closed Meeting, it must be introduced in open session after roll call while Council is still in the Chambers. Two-thirds of Council must determine, by vote, whether the matter will be dealt with in closed session that evening. No debate on the issue will take place until the motion to deal with the new business has been decided. 05.03 Information - Confidential All information, documentation or deliberations received, reviewed, or taken in a Closed Meeting, including the detailed agenda, is confidential and must not be released to the public or any individual not entitled to be present at Closed Meetings. 05.04e) Distribution of Confidential Material The Clerk must will distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member’s name. Confidential materials that must be emailed to Members or staff shall be password protected and such password provided by way of a separate means of communication. 05.05f) Limits on Voting Actions at Closed Meeting No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, employees or agents of the City, or persons retained by or under contract with the City. Any votes taken in a Closed Meeting shall be by a show of hands unless a Recorded Vote is requested by a Member in accordance with this By-law. 05.06g) When a Closed Meeting has occurred, the Committee or Council shall rise to open session and the Chair shall state aloud a public report of the general nature of the subject matter considered. Whenever possible, any direction provided to staff shall be presented - 88 - By-law XXXX/23 Page 15 in a motion duly moved and seconded in the open session. Where it is not possible to report publicly on matters considered during a Closed Meeting, the Chair shall provide a general statement of what occurred during the Closed Meeting and where necessary, may take a vote to approve the confidential direction provided during the Closed MeetingFinal Decision on Item from Closed Meeting Subject to the provisions of Section 239 of the Act, a Closed Meeting agenda item that requires a final decision must be implemented by Council resolution or By-law at a future public Meeting of Council. 05.07h) Authority to Speak on Closed Meeting Matters When a decision is made by Council to relay information to the public regarding a Closed Meeting item, the Mayor or the Mayor’s delegate designate, will release the information. 05.08 Confidential Report When a Closed Meeting of Council has been held, a public report of the general nature of the subject matter discussed during the closed portion of the Meeting, shall be read aloud by the Chair when Council rises to the public portion of the Meeting. 05.098i) Enquiries regarding Closed Meetings The response of Members to inquiries about any matter dealt with by a Committee or Council or a Committee at a Closed Meeting, prior to it being reported publicly, must be “no comment”, or words to that effect. No Member is allowed toshall release or make public any information considered at a Closed Meeting, or discuss the contents of such a Meeting with anyone other than Members or staff who were present at the Closed Meeting. 05.09j) In accordance with Policy ADM 070, Code of Conduct, any violations pertaining to the disclosure of confidential information, may be investigated by the City’s Integrity Commissioner and any findings or recommended sanctions shall be reported to Council by the Integrity Commissioner in accordance with the provisions of the Code of Conduct. 05.10 Contraventions a) Any Member who contravenes section 05.07 or section 05.09 is guilty of an offence and upon conviction may be liable to a fine or penalty as provided for in the Provincial Offences Act. b) A decision to prosecute a Member under this section may only be made after Council has met to consider the matter, at which time the - 89 - By-law XXXX/23 Page 16 Member proposed to be prosecuted may be present and has the option of attending with legal counsel. The said Member has the option of requesting that the Meeting be held in public or that it be closed to the public. c) No prosecution for a contravention of section 05.07 or section 05.09 may be commenced except on the direction of Council, expressed in a resolution of Council. 05.110k) Complaints about the Appropriateness of a Closed Meeting A person may request that an investigation of whether a municipality or local board has complied with Section 239 of the Act, or thea pProcedure bBy-law, in respect to a Closed Meeting or part of a Closed Meeting, by contacting the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed a closed meeting investigator. 045.076 Statutory Public Information Meetings a) Statutory Public Meetings shall be held at the appropriate Standing Committee Meetings, as required by applicable legislationstatute, or by Council, or when considered desirable by staff. b) Appropriate advertising shall be undertaken as required by applicable legislationstatute, by-law or in accordingance withto City policy, to advise interested persons of the subject matter, date and time of the Meeting where the matter will be considered. b)c) When appropriate, Statutory Public Meetings may also be held at Special or Regular Meetings of Council. 045.078 Advisory Other Committee Meetings All Advisory Committees of Council are required to adhere to this Procedure By-law and the Committee’s general tTerms of rReference for all advisory committees, however, in accordance with Policy ADM 040, a Committee may choose to adopt simplified Procedures, subject to the approval of the Clerk. and at the first Meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to Council for approval by no later than March following a municipal election All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council; and Members of Council that serve on Advisory Committees may move, second and vote on items. - 90 - ---- ------ By-law XXXX/23 Page 17 045.098 Special or Ad Hoc Committee Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. Ad Hoc Committees shall be established in accordance with Policy ADM 040, Committees and Taskforces of Council, and shall be subject to all Meeting provisions contained in this By-law. When an Special or Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved. Ad Hoc Committees shall not be established for a term longer than one year. 045.109 Upper Tier Council Meetings – Appointment of Alternate Member to Upper Tier Council Council may appoint one of its Members as an Alternate Member of the Upper Tier Council to act in place of any Regional Councillor when they are unable to attend a meeting of the Upper Tier Council for any reason, subject to the following limitations: a) No more than one Alternate Member may be appointed during the term of Council; b) Notwithstanding Section 054.1009 (a), if the seat of the appointed Alternate Member becomes vacant, Council may appoint another of its Members as an Alternate Member for the remainder of the term of Council; c) Council may not appoint an alternate for the Alternate Member; and d) When acting in their capacity as an Alternate Member on the Upper Tier Council, the Alternate Member shall adhere to all policies, procedures, practices, and codes of conduct established by the Upper Tier Council. 06 Notification of Meetings 067.01 Public Notification Public notification shall be deemed to have been given by the posting of the Committee or Council or Committee agenda on the City website and available for public review in the Office of the City Clerk as follows: a)Committee Meetings – by end of day 4:00 pm on the Fridayon the Thursday,, eleven (1011) days prior to the Meeting date. b)Council Meetings – by end of day4:00 pm on the Friday Thursday preceding prior to the Council Meeting. c) Special Meetings – at least twenty-four (24) hours preceding the Meeting. d) Closed Meetings – at least twenty-four (24) hours preceding the Meeting. - 91 - By-law XXXX/23 Page 18 067.02 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may urgently affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as practicably possible and in the most expedient manner available. 067.03 Cancellation/Postponement of Meetings Any Meeting may be cancelled or rescheduled to a day, time, and place, set out in a written notice from the Clerk, sent to each Member at least twenty-four (24) hours before the scheduled date of the Meeting. A Meeting may be cancelled if the Clerk determines in advance that Quorum will not be achieved, there are no agenda items, or by way of a resolution of the Committee or Council as the case may be. Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the Clerk shall attempt to notify the public as soon as practicably possible and in the most expedient manner available. 07 Meetings 078.01 Place of Meetings All Regular Meetings of the Council and Standing Committees shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by resolution of Councilthe Mayor and the City ClerkClerk. 078.1102 Agendas and MinutesInformation pertaining to a Committee or Council Meeting including the Meeting agenda, reports and any Supplemental Information Packages shall be sent to all Members. The agendas, minutes and any written notices pertaining to any Standing Committee and Council Meeting shall be sent to all Members of Council. 078.023 Chairing of Meetings a) Every Council Meeting shall be chaired by the Mayor, if present; b) The Chair of the Standing Committees shall be rotated each Meeting amongst the Members of Councillors, in alphabetical order by last name. 078.08 Meeting Calling the Meetinged to Order The Chair, as soon after the hour is fixed for the holding of the Meeting of the Council, and if a Quorum is present, shall take the Chair and call the Meeting - 92 - By-law XXXX/23 Page 19 to order and shall ask the City Clerk or their designate to conduct a roll call of the Members present or absent from the Meeting. 078.1004 Absence of Chair a) Council Meetings - If the Mayor does not attend within fifteen (fifteen 15) minutes after the hour is fixed for the holding of the Meeting of the Council and if a Quorum is present, the Deputy Mayor who has been appointed to this position in accordance with Policy ADM 045, shall preside over the Meeting and have the same authority to cChair the Meeting as the Mayor would have had, if present. Should the Mayor arrive at the Meeting, the Deputy Mayor shall relinquish the Chair back to the Mayor. b) When the Mayor and Deputy Mayor are absent from a Meeting or refuse to act, the Council may by resolution appoint one of itsanother Members to act in the place and stead of the Mayor and Deputy Mayor, and such Member shall have the same authority to cChair the Meeting as the Mayor. Should the Mayor or Deputy Mayor arrive at the Meeting, the Member acting in their stead shall relinquish the Chair back to the Mayor or Deputy Mayor as the case may be. c) Standing Committee Meetings – If the Chair does not attend within fifteen (fifteen 15)minutes after the hour is fixed for the holding of the Meeting of the Committee and if a Quorum is present, the Council MemberCouncillor who is next in alphabetical order to Chair will assume the position of Chair. 07.05 Calling the Meeting to Order The Chair, as soon after the hour is fixed for the holding of the Meeting, and if a Quorum is present, shall take the Chair and call the Meeting to order and shall ask the Clerk or their designate to conduct a roll call of the Members present or absent from the Meeting. 078.096 Quorum a) If a Quorum is not present one-half hourwithin fifteen (15) minutes after the time appointed for a Meeting of the Council and/or Committee, the Clerk shall record the names of the Members present and the Meeting shall stand adjourned until the next Meeting. b) c)a)A majority of the Members elected to the Council shall constitute a quorum. 078.037 Clerk’s Attendance at Meetings - 93 - --- By-law XXXX/23 Page 20 The City Clerk or the Clerk’s designate, shall be present at all Meetings of Council; however, they may delegate a member of staff to act in their stead at a Standing Committee Meeting. 078.048 Recording of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be an open or cClosed Meetingto the public or not; b) The record required by the Act in respect of a Meeting, shall be made by: i) The Clerk, or the Clerk’s designate, in the case of a Meeting of Council; or ii) The appropriate City staffofficer, in the case of a Meeting of a Committee. c) Except for Recorded Votes, a record or notation of a Member’s opposition or favour on any issue will not be recorded in any Meeting minutes. 08.05 Committee Meetings - Rules of Procedure The rules of procedure set out in this By-law shall be observed in Meetings of the Committees insofar as they are applicable, provided that: a) A report, setting out the recommendations of any Committee, shall be forwarded to the first regular Council Meeting following the Meeting of the Committee. 078.0956 Prohibited – Signs, Banners, Emblems, Flags, Cameras, and Video Recordings at Meetings a) Meetings may be audio or video recorded, broadcast and/or livestreamed publicly by the City, with the exception of Closed Meetings. a) To ensure that all members of the public are comfortable participating in Meetings,: b)S signs, banners, emblems, and flags, cameras, audio and video recordings by the public are prohibited in the Chambers or any space where a Meeting is being held.except by permission of the Chair; b)c) Meeting attendees may record all or portions of open Meetings provided that in doing so, it is not disruptive to the Meeting or other attendees. - 94 - By-law XXXX/23 Page 21 d) Should a Meeting attendee violate these Procedures, the Chair may ask that the individual be removed from the Meeting. b) a) Notwithstanding the foregoing, the provisions of section 08.06 shall not apply to City Staff, Rogers Cable or any other media, broadcasting or webstreaming service provider permitted by Council. 078.1076 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk : a) Shall be allowed on the floor of the place a Meeting is being held while Council or a Committee is sitting; b) Material to be distributed to Council during a Meeting can only be distributed by the Clerk or the Clerk’s designate. 07.0711 Petitions Petitions presented during a Council or Committee Meeting shall be provided to the Clerk and the Clerk shall process the petition in accordance with the City’s procedures pertaining to petitions. 07101.012 Change in Order of Business All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a Majority vote of the majority of the Members present and voting. 078.123 Consideration of Items Council may consider any matter without referring it to a Committee or may refer it to a Committee or to any number of Committees, and may withdraw a matter from a Committee at any time. 07245.0214 Staff/Consultant Delegations for Staff Reports Where possible, a staff report that includes a Consultant Delegation shall be listed first under Matters for Consideration (Standing Committee Agendas) or New and Unfinished Business (Council Agendas), so that the consultant may leave the Meeting after their item has concluded to avoid additional costs to the City should there be a large volume of reports on the agenda. 078.135 Adjournment Hour/All Meetings a) All Meetings shall stand adjourned no later than the hour of 11:00 p.m. - 95 - ------~- By-law XXXX/23 Page 22 b) In the event the business before Council has not been completed at the hour of 12:00 a.m11:00 p.m., then the Committee or Council may, by a Majority vote of all the Members present, approve an extension of the Meeting to the hour of 12:00 a.m. c) Motions to continue past 11:00 p.m. are not debatable. d) At 12:00 a.m., any unfinished business shall be deferred to a Special Meeting of the Committee or Council, to be held at 7:00 p.m. on the Monday immediately following,next Regular Meeting of Council, unless a resolution of Council is made to reconvene hold the Council Meeting to on another day and time prior to the next Regular Meeting of Council. Only those items of outstanding business shall be included and considered at the Special Meeting. A resolution to reconvene hold the Meeting onto another day and time requires a Majority vote . If a resolution of Council to reconvene the Council Meeting to another day prior to the next regular Meeting isand if adopted, the Meeting cannot must be rescheduled not sooner than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. e) In either instance noted above, and if at a Council Meeting, a confirmatory by-law shall be adopted before the original Meeting adjourns in order to ratify the business that has already been conducted. Items deferred to a Special Council Meeting agenda will be confirmed through the Confirmatory By-law of that Meeting. Delegations shall not be permitted for items that are deferred to a future Meeting under this Section as they would have already had opportunity to delegate at the original Meeting. 08 Delegations 081435.01 Delegations a)Delegations are encouragedshall be directed to the appropriate to appear before the Standing Committee having charge of the matter which is the subject of the Delegation. b) Delegations that were not able to attend a Standing Committee Meeting, or that have already appeared at a Standing Committee regarding a particular matter, are permitted to delegate at Council on those matters, however, those who have already delegated at the Standing Committee may only delegate at Council have appeared at a Standing Committee regarding a particular matter are permitted to delegate at Council on the same matter only if they and wishhave additional remarks to relay additional and/or new information about the matter. about that matter at Council may do so. - 96 - By-law XXXX/23 Page 23 c) Despite clause a) above, a Delegation may delegate directly to Council if the matter in which they are delegating did not first appear at a Standing Committee or if the Clerk determines that the matter is of an urgent nature and cannot wait for the next applicable Standing Committee Meeting. c)d)All in-person Delegations, for items listed on an agenda, shall register in writing with the City ClerkClerk by 12:00 noon on the day of the Meeting date. d)e)All electronic Delegations, for item listed on an agenda, shall register in writing with the City ClerkClerk by 12:00 noon on the business day prior to the Meeting date. e)f)All Delegations for items not listed on an agenda shall register ten (ten (10)) days prior to the Meeting date. f)g) Delegations that have not registered in writing by the timelines noted above shall only be heard if permitted by a Two-Thirds Majority vote of Members present at the Meeting. g)h)Members of the public may also submit written comments in addition to, or in lieu of, a verbal Delegation, by noon on the business day prior to the Meeting and such written comments shall be provided to all Members of Council prior to the Meeting through the Supplemental Information Package.. i) A Delegation appearing before Council or Committee for items not listed on an agenda shall not be placed on an Agenda to discuss the same matter within six (six (6)) months of the last appearance by the same delegate, unless otherwise approved by Council. j) Delegations shall not be permitted to speak before a Committee or Council for the sole purpose of generating publicity for an event, a product or a service. k) Delegations shall not be permitted to speak to matters which have been referred to staff for a report until the matter is before a Standing Committee or Council. l) Delegations shall not be permitted to speak to matters which are not within Council’s jurisdiction. m) Delegations shall not be permitted to speak to matters which have been decided upon by Council unless the matter is before Council for reconsideration. - 97 - -- - By-law XXXX/23 Page 24 n) Delegations will not be permitted for deferred items except for those who did not delegate on the matter when it originally appeared before the Committee or Council prior to it being deferred. o) on aDelegations shall not be permitted to speak to a report provided by the City’s Integrity Commissioner. h)p)A maximum of five (10 5)minutes shall be allotted for each Delegation to present his/her/their position at a Meeting. i)q)A Delegation will not be permitted to take any unused time allocated to another Delegation. j)r) Should there be more than one individual that registers to speak as a group, the group shall be allotted up to ten (10) minutes to delegate. s) The five (5) minute Delegation speaking limit may be extended by two (2) additional minutes if approved by a motion duly moved and seconded and carried by a Majority vote of the Members present. k)t) Delegations are encouraged not to repeat information presented by an earlier Delegation at the same Meeting. 0835.032 Delegations at a Statutory Public Information Meeting Delegations for Statutory Public Information Meetings, who are participating electronically in accordance with Section 09 of this By-law, must register with the City ClerkClerk by 12:00 noon the business day prior to the Meeting. Delegations appearing in person for Statutory Public Meetings are encouraged to register with the City ClerkClerk by 12:00 noon on the day of the Meeting. Delegations will be permitted from the gallery without prior registration only during the Statutory Public Information Meeting portion of a Meeting held under the provisions of the required statutePlanning Act, but shall be heard after all Delegations, either electronically or in-person, who have pre- registered with the City ClerkClerk by the applicable deadlines outlined in this By-law. 081435.043 Delegations Requesting Action Delegations which appear at a Meeting and request that action be taken by the Council shall, if required by a Majority of the Members present at the Meeting, be referred to City staff for a report that shall be dealt with at a future Meeting. The direction to refer such a matter to City staff shall include the Committee or Council Meeting that the matter shall be presented at of Council. 081435.054 Audio Visual Equipment for Delegations - 98 - By-law XXXX/23 Page 25 The City’s audio visual equipment may be used to assist in presentations by Delegations, provided that permission has been obtained for use of such equipment from the City ClerkClerk. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the Meeting at which the Delegation is to appear. 081435.065 Priority of Delegations Delegations shall be listed on the agenda in the order in which the Clerk received the requests. For Statutory Public Information Meetings, where more than one person wishes to make a Delegation on a particular matter, the proponent or their authorized representative, will be listed last in order to afford the proponent the opportunity of making a Delegation after all other interested persons have done so. 081435.076 Conduct of the Delegation a) The Chair may curtail impose restrictions on any Delegation and any questions to a Delegation for disorder or any other breach of this bBy- law and, if the Chair rules that the Delegation is concluded, the person or persons appearing shall end the Delegation. b) Delegations shall not: i) ii) iii) iv) v) speak disrespectfully of any person; use offensive words; speak on any subject other than the subject for which they have received approval to address Committee or Council; disobey a decision of the Chair, or the Committee or Council; debate with other Delegations, City staff, Council Members or the Chair. 081435.087 Questions to the Delegation a) Upon the completion of a Delegation to Committee or Council, any discussion between Members and the Delegation shall be limited to Members asking questions for clarification and/or obtaining additional, relevant information only. b) All questions to a Delegation from Members shall be stated succinctly. Members shall not question a Delegation for the purpose of expanding the scope of the Delegation’s remarks or for adding the Member’s own statements through the Delegation. Delegations are an opportunity for Delegates, not Members, to make their views known. For example, qQuestions from Members such as “are you aware”, “do you agree” or “wouldn’t you say” shall not be permitted as they do not seek clarification or additional relevant information. Members shall not enter into debate with Delegations. Questions to - 99 - By-law XXXX/23 Page 26 the Delegation shall be presented in a courteous and non- argumentative manner. c) Once a motion has been moved and seconded, no further representation from or questions of the Delegation shall be permitted. 09 Electronic Participation 0989.01 A Member of Council may participate electronically in a Meeting that is either open or closed to the public should they be unable to participate in person for reasons pertaining to a medical condition or illness (pertains to either the Member, reasonsthe Member’s family member, or someone under the primary care of the Member), illness, City business, or in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies, or for any other unforeseen circumstance with prior approval from the Clerk. A Member of Council participating electronically , and in doing so may shall be counted in determining whether or not a Quorum of mMembers is present at any point in time and shall have all the rights of any other Member who is participating in person. 0989.02 A Member of a local board, task force, or an advisory or ad-hoc committee, may participate electronically in a Meeting that is either open or closed to the public and in doing so may be counted in determining whether or not a Quorum of mMembers is present at any point in time and shall have all the rights of any other Member who is participating in person. 0989.03 The Clerk may provide for electronic participation of staff at any Meeting, including the Clerk. The Clerk may also provide for electronic participation for consultants or anyone who has been hired by the City to provide services or expertise on a particular matter or project. Such electronic participation is not limited to an audio connection and consultants may shall be provided with a link to appear by videoon screen during an electronic Meeting. 0989.04 Notwithstanding the provisions of Section 09.01, the Clerk may provide for electronic participation for all Members of Council should the appropriate meeting space containing the required technology (including the necessary components to operate the livestreaming of the proceedings) not be available for any reason, in order to comply with the open Meeting rules under the Act. 0989.05 Electronic Meetings are those held by means of telecommunication instruments including but not limited to telephones, video conferencing, computers with internet access, and conferencing platforms and software programs. The means used to facilitate an electronic Meeting shall be determined by the Clerk. 0989.06 A Member must provide sufficient notice to the Clerk, their designate, or the Staff Liaison of a Committee, of their intent to participate electronically in a Meeting to ensure the proper technology is enabled to make electronic - 100 - By-law XXXX/23 Page 27 participation possible. The Member must give at least 48 hours’ notice of their intent to join the Meeting electronically unless extraordinary circumstances apply. 0989.07 A member of the public may delegate via electronic participation through the use of a video connection into the electronic meeting platform, and the City ClerkClerk shall arrange for such Delegations. Delegations connected through video shall not be permitted to activate their camera or microphone unless invited by the Chair to do so. A member of the public delegating electronically shall abide by all of the Meeting decorum provisions of this By-law. The Clerk may require any Delegation to participate electronically in the event of any situation (including a pandemic) in which physical distancing, limited gatherings or quarantine measures are required by local, Provincial or Federal public health agencies, or for the reasons outlined in Section 09.04. 0989.08 Where a member of the public requests to participate electronically, it is the delegate’s responsibility to ensure they have the appropriate technology to connect to the Meeting. Where technical issues arise in connecting a Delegate into a Meeting, it shall in no way affect the validity of the Meeting or any action taken at the Meeting. In lieu of a successful electronic connection, members of the public may submit written comments to the Clerk which shall be distributed to all Members of Council after the Meeting. 0989.089 If the live stream stops working during a Meeting that involves electronic participation (full or hybrid), the Meeting shall recess for fifteen (15) minutes while the live streaming issues are resolved. If the issues cannot be resolved during the fifteen (15) minute recess, then the Meeting will be adjourned until the live stream is restored. 0989.10 Subject to these provisions for electronic participation, all other provisions of the Procedure By-law continue to apply and the Chair shall determine and maintain order of the Meeting as needed. 10 Conduct at Meetings 11009.01 Members of the Public The Chair will ensure that members of the Ppublic shall beare respectful of Council, staff, Delegations and all attendees at the Meeting by not heckling, speaking disruptively while debate is in progress, making comments or applauding. All communication devices shall be set to silent during a Meeting, with the exception of assistive listening devices or other provisions required by persons with disabilities. - 101 - By-law XXXX/23 Page 28 11090.02 Members of Council Members of Committee and Council shall: a) act in accordance with their declared OathDeclaration of Office and the provisions of this By-law; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings;. d) not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; e) not use offensive words or unparliamentarily language in or against Council or against any Member; f) not speak on any subject other than the motion being debated; g) not criticize any decision of Council except for the purpose of moving a motion to reconsider a previous decision of Council; g)h) refrain from engaging in private conversations while in a Meeting and from using communication devices in a disruptive manner; h)i) inform the Clerk of their absence prior to any Meeting in which they will be absent. 11009.03 Actions When a Member’s Behaviour is Inappropriate The Chair may Call the Member to Order and take one or more of the following actions: a) decide that there was no breach of the rule; b) ask the Member in breach of the rules to stop the behaviour; c) ask the Member to withdraw what was said; or d) ask the Member to apologize. 11009.04 If previous attempts to call the Member to order have failed, the Chair may refrain from decide, not to recognizinge the Member, for the balance of theat - 102 - --- ----- By-law XXXX/23 Page 29 Meeting, in which case the Member shall not be permitted to speak or vote for the remainder of theat Meeting. 11 Order of Business for Council Meetings 1101.01 The Order of Business for the Regular Meetings of Council shall be as follows: a) Meeting Called Toto Order/Roll Call b) InvocationMoment of Reflection c) Indigenous Land Acknowledgment Statement d) Disclosures of Interest e) Adoption of Minutes f) Presentations f)g) Question Period g)h)Delegations h)i)Correspondence i)j)Committee Reports j)k)New and Unfinished Business k)l)Motions and Notices of Motion l)m)By-laws n) Confidential Council – Public Report m)o) Regional Councillor Updates n)p)Other Business o)q)Confirmation Confirmatory By-law p)r)Adjournment 12 Moment of Reflection and Indigenous Land Acknowledgement Statement At the Inaugural and all Regular Meetings of Council, the Mayor or Chair shall pause for a silent moment of reflection and after such moment has passed, shall read out the Indigenous Land Acknowledgment Statement. 1213 Presentations 12.01 Presentations a) Charities, organizations or individuals wishing to address Council to inform Members of special events or achievements, to seek Council’s recognition of an event or achievement or to make a presentation to Council shall request the opportunity to be granted Presentation status. b) It shall be the duty of the Mayor to make Presentations and to accept Presentations, on behalf of Council, at Meetings of Council. Where a Presentation is made or accepted from an organization on which a Member of Council has been appointed to sit, the Presentation shall be jointly made or accepted with the appointed Member of Council. Where otherwise appropriate, Presentations may be made or accepted - 103 - By-law XXXX/23 Page 30 jointly with another Member or Members of Council at the discretion of the Mayor. c) The request for Presentation status shall be submitted to the Clerk, in writing, no later than 14 days preceding the Meeting at which the Presentation is to be made. 14 Question Period a) An opportunity will be provided for any member of the public who is physically in attendance at a Council Meeting, to ask the Mayor a question pertaining to any matter appearing on the Council agenda. b) All questions will be answered by the Mayor, unless in the Mayor’s opinion the answer could be better provided by another Member of Council or City staff. c) The Question Period shall be limited to a total of fifteen (15) minutes unless extended by the Mayor/Chair. d) A member of the public shall be permitted to ask one (1) question and one (1) supplemental question if required. e) Questions posed by a member of the public under this Section of the By- law shall not be countered by any questions from Members or staff unless it is for the purpose of seeking clarification on the question being asked. f) Question Period. Members shall not enter into debate on any questions asked during the g) The dialogue that takes place during the Question Period shall not be included in the formal Meeting minutes, and there shall be a general statement in the minutes under the Question Period header that states “A general question and answer period ensued”. Should a member of the public wish to understand what questions and answers were provided, they may view the meeting video posted on the City’s website. 1315 Correspondence 1546.01 Correspondence received in the Clerk’s Office for distribution to Council shall be provided through a weekly Council Information Index (CII). The Clerk shall prepare the CII and it shall be delivered to Members of Council every Friday afternoon by email and shall be copied to the CAO, Directors, and any other staff as determined by the Clerk. 156.02 Members of Council may pull any item from the CII and make a request in writing to the Clerk to place the item on the next regular Council Meeting - 104 - By-law XXXX/23 Page 31 agenda under Correspondence. The Member must identify the correspondence number and specific subject matter in their request to the Clerk, and shall copy all Members of Council, the Mayor, Directors, and the CAO on such requests. The Member shall also provide the accompanying recommendation relating to the disposition of the correspondence and such recommendation shall be included in the Council Meeting agenda with the item for Council’s consideration and disposition as it deems appropriate. 156.03 Correspondence shall be presented at Council Meetings only and All correspondence intended to be presented to Council through the Council agenda shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shall be filed with the Clerk by no later than 12:00 noon on the Wednesday Tuesday before the Council Meeting in which it will be considered of Council. 156.04 14.023 The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda.In addition to correspondence requested by a Member of Council, from time to time, the Clerk shall include correspondence memos from staff pertaining but not limited to, annual work plans and updates from Committees through the designated staff liaison, appointments of Members of Council to various Committees in accordance with Policy ADM 045, and correspondence from the Ombudsman or the City’s Integrity Commissioner on a Council agenda. Any proposed recommendations relating to these pieces of correspondence shall be at the discretion of the Clerk and will be included on the Council agenda for Council’s consideration and disposition as it deems appropriate. Any correspondence from the Ombudsman or Integrity Commissioner will be provided in the weekly Council Information Index so that Members are aware of and have opportunity to read the correspondence prior to it being printed in a Council agenda. 1416 Committee Reports 1657.01 Standing Committee reports that are to be adopted by Council shall be forwarded to the first regular Council Meeting following the Meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. 167.02 Any Reports referred back to staff at a Standing Committee shall be included in the Committee Report with a notation that the matter was referred back to staff at the Committee Meeting. The matter will come before Council in a subsequent Committee Report on a future Council Agenda once the matter has returned to the appropriate Standing Committee Meeting. 167.03 Should a Standing Committee not provide a recommendation on a matter, or defeat a staff recommendation, the Clerk shall include the item on the Council agenda as part of the Committee Report and shall include a notation that states “No Committee Recommendation - Council Direction Required”. The original staff recommendation shall be listed for reference purposes only to aid Council in their deliberations on the matter. Council may discuss, debate, - 105 - --- By-law XXXX/23 Page 32 adopt, amend or defeat the original staff recommendations as it deems appropriate. This does not apply to recommendations that have been referred back to staff by the Committee as those matters will be presented at a future Standing Committee Meeting. 1517 New and Unfinished Business 1786.01 Reports of an Urgent Nature Departmental reports which are deemed by the Chief Administrative OfficerCAO to be of an urgent nature, due to timing or public importance, and which cannot be presented through the regular Standing Committee cycle, have not been considered by a Standing Committee shall may be listed under the New and Unfinished Business section of a Council the agenda for Council’s consideration. Whenever possible, staff reports shall be presented to the appropriate Standing Committee rather than going directly to Council to provide as much notice to the public and Council as possible. 1768.02 Introduction of a Motion a) If a motion by a Member of Council cannot be presented through the Notice of Motion process outlined in this By-law, aA Member may, with the consent of Two-Thirds of the Members present, introduce a motion under New and Unfinished Business if the motion is of an urgent nature.cannot, due to its urgent nature, be properly presented at a Meeting in accordance with Section 17 of this By-law Introduction of a motion without prior notice shall only be used in exceptional circumstances as it does not provide for public notice of the matter being presented and considered. b) A Member desiring to introduce a main Motion must do so in writing to the Clerk in advance of the Meeting when possible. 1618 Notices of Motions 1879.01 A Notice of Motion is required for motions that are initiated by a Member of Council looking to introduce a new matter. 189.02 A Member desiring to give introduce a notice of a motion must do so verbally in writing at any Meeting, at least ten (10) days prior to the Meeting at which the motion will be dealt presentedwith. Introduction of a notices of motion must be done under as “Other Business”. 1879.023 In order to be listed in the applicable Council agenda, a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 p.m. on the Wednesday Tuesday prior to the Council Meeting at which the motion will be dealt withconsidered. In providing the motion to the Clerk, the Member shall copy the Mayor, all - 106 - By-law XXXX/23 Page 33 other Members of Council, the CAO, and Directors, for their information and awareness that the motion will be forthcoming. 1879.034 The Clerk, upon receipt of a motion described in in accordance with this Section, shall print the motion in full in the agenda for the Council Meeting at which the matter will be consideredit is to be dealt with. 1879.045 A motion printed in the agenda need not be read unless requested by a Member and shall be deemed to be in possession of the Council when stated by the Chair at the appropriate time during the Meeting. 1897.056 A Notice of Motion that has been introduced but does not appear on the a Council agenda within two regular Council Meetings shall not be included on any Council agendabe removed from the list of upcoming agenda items, unless otherwise directed by Council. Should the Member wish to bring the matter forward again, notice of the motion at a future Meeting will be required in accordance with the provisions of this By-law. 189.07 In drafting a motion, Members of Council shall consult with the CAO and/or appropriate City staff, to ensure that any technical information contained in the motion is accurate and actionable and that it aligns with the City’s Strategic Plan. 189.08 Despite being consulted on the technical information contained in a motion, staff do not have to agree with the merits of the motion being presented by a Member of Council. 1719 By-laws 191820.01 All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. 191820.02 Every by-law, when introduced, shall be in typewritten form, shall be complete except for the by-law date and number and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Actstatute. 191820.03 Every by-law which has been passed approved by the Council shall be numbered, dated, sealed with the seal of the Corporation, signed by the Mayor and the Clerk and deposited retained by the Clerk as a permanent City record in accordance with the City’s Records Retention By-lawin their office for safekeeping. 20 Regional Councillor Updates - 107 - I l I By-law XXXX/23 Page 34 20.01 A Regional Councillor may give a verbal update pertaining to matters before the Council of the Regional Municipality of Durham to inform other Members, City staff or the public. 20.02 Updates under this Section of the By-law shall be limited to five (5) minutes per Regional Council Member. 20.03 Members shall not enter into debate on matters presented under this section of the By-law and shall not ask questions of the Regional Councillor unless it is to seek clarification on the information being provided. 1821 Other Business 19211.01 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance or interest however, such comments shall not be included in the official Meeting minutes. 19211.02 Notice of Motion A Member who wishes to give notice of a motion to be brought forward for future Council consideration shall do so under “Other Business”. 19211.03 Substantive Information Reports All Members’ may move a motion requesting requests fora substantive information or reports from staff and such motion shall require a seconder and the approval of a Majority of the Members present at a Meeting. Such requests shall identify the appropriate Department and/or Director, and the objective(s) of the report, and the Standing Committee or Council Meeting the report is to be presented at. Any Member moving a motion for a Substantive Report shall consult with the CAO to ensure that the timelines for reporting back are consistent with existing staff workplans and priorities. 1922 Confirmatory By-law 20.01 At the conclusion of all Regular and Special Meetings of Council, and prior to adjournment, a By-law shall be brought forward to confirm the proceedings actions of the Council in respect of all motions, resolutions and other actions taken subsequent to the last Regular Councilat the Meeting. A Confirmatory By-law, when introduced, shall be taken as having been read and shall be voted on without debate. 20 Adjournment - 108 - By-law XXXX/23 Page 35 21.01 The Council may adjourn upon a motion approved by the Majority of Members present. 23 Order of Business for Standing Committee Meetings 2345.01 The Order of Business for Regular Standing Committees shall be as follows: a) Call to Order/Roll Call b) Disclosure of Interest c) Delegations d) Matters for Consideration e) Member Updates on Committees f) Other Business g)Adjournment The provisions noted in the preceding section describing the order of business on a Council Agenda shall also apply to the same sections at Standing Committee Meetings. The following provides an explanation of the additional section contained on Standing Committee agendas. 2345.032 Member Updates on Committees Members may provide updates as the Council representative for a Committee of Council. Such updates shall be limited to a verbal update, and may provide information on the Committee’s Workplan, ongoing mandate, or any other matter that is before the Committee. Any recommendations of the Committee must be presented in accordance with Policy ADM 040, Committees and Taskforces of Council, and through the applicable staff liaison for the Committee and shall not be presented during a Member’s update on a Committee. 2124 Rules of Debate 24526.01 No Member shall be deemed to have precedence or seniority over any other Member. 24526.02 When a Member is speaking, no other Member shall interrupt that Member except to raise a point of order or privilege. Chair Reads Motion Aloud To begin debate, the Chair reads the motion aloud. 24526.03 Decorum During Debate During debate, and while the Chair is speaking, or when the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way except to raise a point of order or privilege. 24526.04 Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member while who is speaking. Despite this provision, if a motion is printed in an agenda, there shall not be a requirement for the motion to be read aloud. - 109 - By-law XXXX/23 Page 36 24526.05 Recognition of MemberBefore speaking to a matter or motion, a Member shall raise their hand and be recognized by the Chair prior to speaking to any matter and shall speak through the Chair.Every Member shall raise their hand and be recognized by the Chair prior to speaking to any matter or motion. 24526.06 Order of SpeakersWhen two or more Members raise their handswish to speak, the Chair shall recognize designate the Member who, in the opinion of the Chair, has the floor who shall be the Member who, in the opinion of the Chair, raised first signified their hand firstintention to speak. 2456.07 After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other motion be presented until, after the result of the vote has been declared. 2456.08 A motion in respect of a matter which requires the exercise of a legislative power by Council which is not within its jurisdiction, shall not be in order at a Meeting of Committee or Council unless it is for purposes of requesting a higher level of government to take a specific action or make changes to policy or legislation. 24526.09 Speaking to a Motion A maximum of five (10 5)minutes shall be allotted to each Member wishing to speak to present their position on the motion. No Member shall speak more than once to the same motion except: a) with leave of the Chair, for not more than five (5) additional minutes, in explanation of a material part of their speech which may have been interpreted incorrectly; b) with leave of the Chair, for not more than five (5) additional minutes, after all other Members so desiring have spoken; or c) in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a five (5) minute period. 22654.107 Questioning the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding the above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion, but only for the purpose of obtaining information, following which the Member shall speak. - 110 - By-law XXXX/23 Page 37 22654.0811 Proceedings Decided by Chair In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal of the Chair’s decision by a Member ofto the Committee or Council on a point of order. 22654.0912 Chair’s Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair’s decision, the decision of the Chair shall be final. 22654.103 Appeal of Decision of Chair A Member may appeal any decision of the Chair. The appeal must occur immediately after the Chair states the decision. If the Member appeals the Chair’s decisionto Council, it shall be done by a duly moved and seconded motion, and Council shall decide the question without debate and the decision shall be final. The question motion beforeto Council would be “Do you support the Chair’s ruling, “Yes” or “No”. A tie vote sustains the decision of the Chair and the Chair is entitled to vote on the question. 25 Points of Order 257.01 A Member may at any time, raise a point of order to call attention to a violation of the Rules of Procedure and the Member must state the point of order to the Mayor/Chair succinctly. The Mayor/Chair shall then decide on the point of order immediately without debate and advise the Members of the decision. 257.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 26 Points of Privilege 268.01 Where a Member considers that the health, safety, rights and/or the integrity of anyone present at the Meeting has been impugned, they may at any time, raise a point of privilege. 268.02 A point of privilege shall take precedent over other matters, but the Members shall not be permitted to enter into any argument or debate. The Mayor/Chair shall decide on the point of privilege immediately and advise the Members of the decision. 268.03 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. - 111 - By-law XXXX/23 Page 38 268.04 Where the integrity of the staff or the CAO has been impugned, the Mayor/Chair may permit the CAO to make a statement to the Committee or Council. 2627 Common Motions 2739.01 SecondingExcept as otherwise provided in this By-law, all motions must be duly moved and seconded before the motion can be put on the floor for consideration and before the Mayor/Chair can call the question. All motions, including amendments, shall be in writing to ensure that all Members and the public are fully aware of the motion being voted on. A motion must be formally seconded before the Chair can put the question or for it to be recorded in the Minutes. 2739.02 Direction to staff will be by motion except where the Chair, in consultation with senior City staff at the Meeting determines that a motion is not necessary. Withdrawal 2927.03 Once a motion is in the possession of the Committee or Council, the mover may withdraw the motion at any time prior to it being amended or decided and such withdrawal may be made without consent of the seconder.The mover and seconder may withdraw a motion or a notice of motion at any time prior to it being read and, in such event, the motion shall not be included in the minutes of the Meeting. After a motion has been read or stated by the Chair, it shall be deemed to be in possession of Council, but may, with the permission of Council, be withdrawn at any time before decision or amendment. 2739.034 Motions in Order of PrecedencePriority of Disposition The following A motions are in order of precedence and can only be made if no motion of higher precedence is on the floor. Motions are listed in order from the bottom to the top. All motions listed below require a Majority vote of the Members present to be carried unless otherwise stated:, properly before the Committee or Council for decision, must be disposed of before any other motion or matter can be introduced, with the exception of any one of the following: a) Motion to Adjourn a point of order or personal privilege b) Motion to Recesstable c) Motion to Table d) Motion to Call the Question (requires 2/3 Majority) c) to divide d) that the question be now put e) Motion to to referDefer f) Motion to to dRefer g) to amend - 112 - By-law XXXX/23 Page 39 g)Motion to Amendsuspend any section of the Rules of Procedure h) Motion to Suspend of the Rules (requires 2/3 Majority) i) Motion to Divide h)j) Main Motion i) to recess j) to adjourn. 23.04 Questions of Privilege and Points of Order The Chair shall preserve order and decide points of order and questions of privilege. When a Member has a point of order or question of privilege, it shall be considered and decided immediately. The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the matter. If leave is granted by the Chair, the Member must state their point to the Chair as succinctly as possible and await the decision of the Chair. Once the Chair has made a decision the business of Council shall resume at the point where it was suspended. 2739.055 Motion to Adjourn a) Is not debatable or amendable; b) Is always in order except: i. when a Member is speaking or during the taking of a vote; ii. immediately following the affirmative resolution of a motion that a vote on the matter now be taken; and, iii. when a Member has already indicated to the Chair that they wish to speak on the matter. c) If carried, requires that the Meeting end immediately, regardless of the stage of proceedings; d) If not carried, a motion to adjourn shall not be made again until further proceedings have been conducted by the Committee or Council; e) If the motion is to adjourn to a specific time, and if carried, it suspends the Meeting to continue at such specific time stated. 279.06 Motion to Recess a) A motion to recess is not debatable, shall specify the length of the recess, and may only be amended with respect to the length of the recess; - 113 - By-law XXXX/23 Page 40 b) Despite the aforementioned, the Chair may also call a recess for no more than 15 minutes without requiring a motion. 279.07 Motion to Table a) A motion to table temporarily sets aside a pending motion (or a series of pending motions) to consider another matter deemed more urgent; b) Is not debatable or amendable and shall not include additional instructions; c) The matter tabled shall not be considered again until a motion has been made to lift the matter from the table; d) . A Member shall not be allowed to speak to a motion and immediately move a tabling motion. If a motion is not taken from the table by the next Regular Meeting of the Committee or Council, the motion dies; e) A Member shall not be allowed to speak to a motion and immediately move a tabling motion; a)f)A motion to table is not in order to intentionally kill a motion. 279.08 Motion to Call the Question a) A Member may request the Chair call the question by presenting a motion that the question “now be put to a vote”; b) Shall require a 2/3 Majority vote of the Members present; c) A motion to call the question is not debatable or amendable and cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put to a vote. 2739.089 Motion to Postpone to a Certain Time/Deferral Motion a) A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, if applicable, and shall be in order after a motion is read or stated by the Chair; b)Is and debatable and amendable however debate and any amendment shall be confined to the time and place to which the matter shall be deferred; c) .The deferred matter will return in the same format as originally presented, to the time and place stated in the motion to defer. - 114 - By-law XXXX/23 Page 41 2739.107 Motion to Referral Motion a) A motion to refer a matter to a Committee, Council or City staff must include the body to which it is being referred, the purpose of the referral, and the time in which it shall be returned (if applicable); b) A motion to refer a matter motion or matter to a Committee or to City staff with instructions is debatable and amendable however debate and any amendment shall be limited to the time and place of the referral; a)c) A motion to refer but, sshall be disposed of by the Committee or Council before the original motion or any other motion pertaining to the original motion and if carried, requires that consideration of the motion cease and the Meeting proceed to the next item of business. A member who moves a motion to refer shall also include in the motion: The name of the committee, body or official to whom the motion or amendment is to be referred; The terms upon which it is to be referred; and The date or period, if any, within which the matter is to be returned. 2739.0911 Motion to Amendments a) A motion to amend: a) i) shall be presented in writing whenever possible if requested by the Chair; a) b) c) d) shall be relevant to the original main motion; shall be disposed of by Council before the original motion; and shall not be received in order if it proposes a direct negative to the original main motion;. c) e) d) e) f) f) g) h)g) shall be disposed of by Council before the originalmain motion; Is debatable and amendable; a motion to amend an amending motion a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original main motion; only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original main motion.; 279.12 23.10 Motion to Suspend the Rules - 115 - By-law XXXX/23 Page 42 a) Any procedure required by this By-law may be suspended by a Two-Thirds Majority vote of the Members present unless otherwise provided for in any Act; b) Shall not be used to suspend the rules pertaining to Quorum or the provisions for open Meetings; c) A motion to suspend the rules is not debatable or amendable and shall not include additional instructions; a)d) If a motion to suspend the rules is adopted, the Chair shall observe and enforce the Rules of Procedure as altered by the resolution. 23279..1113 Motion to Divide AA motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a Majority vote of the Members present and voting. A motion to divide is not debatable or amendable and shall not include any additional instructions. For clarity, a motion to divide shall be handled as follows: a) A main motion is duly moved and seconded; b) A mover and seconder move for a “motion to divide” the main motion into separate items so that they may be voted on individually; c) The Chair calls the vote on the motion to divide, which is not debatable; d) If the motion to divide carries, the Chair will call the vote on the divided items separately and then on the balance of the main motion as applicable. 279.14 Motion to Reconsider ation Previous Decision of Council a) After a matter has been decided, and if no action on the decided matter has been taken that cannot be undone, anyA Member who voted on the prevailing side in the majority of a main motion may move for reconsideration of a decision of Council provided that no action has been taken on any part of the matter that cannot be undone; b) A reconsideration motion requires a Two-Thirds Majority vote of the Members present and no discussion of the original motion shall be allowed until the motion for reconsideration has carried; c) Reconsideration may be done at the same Meeting in which the matter was decided, and if the motion to reconsider carries, the reconsideration of the original resolution shall become the next order of business; - 116 - By-law XXXX/23 Page 43 d) If not done at the same Meeting in which the matter was decided, aor Member may give notice of a motion for reconsideration of the matter at a subsequent Meeting. Such notice shall be given in accordance with Section 189 of this By-law. The resolution being reconsidered will be placed on the next Regular Council agenda under New and Unfinished Business. The previously adopted resolution of Council remains in force unless and until Council adopts a new resolution;A reconsideration motion requires a two-thirds vote of the Members present. No discussion of the original motion shall be allowed until the motion for reconsideration has carried. e) A motion to reconsider is debatable only to the extent of the rationale for reconsidering the matter, and no debate of the matter itself shall be allowed unless the motion to reconsider carries; f) No matter shall be reconsidered more than once within 12 months; a)g) A notice of a written decision of the Ontario Land Tribunal (OLT) with regard to an appeal that requires Council to make a new decision, shall not be deemed a reconsideration of a Council decision in accordance with the provisions of this By-law. 2739.125 Motion to Rescind a) A motion to rescind a previous resolution of Council may be moved by any Member provided that no action has been taken on the matter that cannot be undone. Notice of a motion to rescind a previous decision of Council shall be given requires a majority vote of the Council at a Council Meeting provided that notice hin accordance with Section 189 of this By-law; b) A motion to rescind is debatable only to the extent of the rationale for rescinding the decision of Council; c) A motion to rescind a previous decision requires a Two-Thirds vote of the Members present and if the motion to rescind the prior decision carries, the resolution previously adopted by Council is immediately of no further force or effectas been given at the previous Meeting or in the call of the Meeting and if notice has not been given, a motion to rescind requires a two-thirds vote of the Members present and voting.; a)d) If it is possible to use a motion to reconsider, the motion to rescind shall not be in order. 23.13 Question Stated Immediately preceding a vote, the Chair may state the motion in the form introduced and shall do so if requested by a Member. The motion shall be stated in the precise form in which it will be recorded in the Minutes. - 117 - By-law XXXX/23 Page 44 27 23.14 No Interruption After Question 28 29 After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other motion be presented until, after the vote and the result has been declared. 30 3128 Voting 243028.01 Requirement to Vote All Members present and seated must vote. If a Member is present and does not vote they are deemed to have voted in the negative, except where the Member is disqualified from voting. 243028.02 Vote Not Allowed A Member not in their seat when the question is called by the Chair is not entitlednot entitled to vote on that question. 243028.03 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 243028.04 Determination of Votes The manner of determining the decision of Committee or Council on a motion shall be by the prominent show of hands. 243028.05 No Secret Voting No vote may be taken by ballot or any other method of secret voting. 243028.06 Decorum While Calling Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat, and shall remain in their seat, until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 243028.07 Disagreement with Result of Vote If a Member disagrees with the announcement of the Chair that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a Recorded Vote shall be taken. - 118 - By-law XXXX/23 Page 45 243028.08 Recorded Votes of Council Where a vote of Committee or Council is taken for any purpose, a Member may request, immediately prior or immediately subsequent to the taking of the vote, that the vote be recorded. Each Member present, beginning with the requester of the Recorded Vote, and continuing alphabetically from that Member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. 243028.09 Vote of the Chair The Chair, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions. 32 24.10 Vote on the Question 33 34 A motion that a vote on the question be now taken: 35 a. cannot be amended or debated; 36 37 a. cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put; a. when resolved in the affirmative, shall be followed immediately by the original motion which shall be put forward without debate or amendment; 38 39 a. can only be moved in the following words: "That the question be now put" or "Call the question"; and a. requires a two-thirds vote of the Members present. 40 4129 Contingencies 25.01 In all contingencies not provided for in this By-law, the question shall be decided by the Chair and in making such a ruling, the decision shall be based on Robert’s Rules of Order. 22 Suspension of Rules 26.01 Any procedure required by this By-law may be suspended with consent of not less than two-thirds of the Members present. 23 Two-Thirds Vote - 119 - By-law XXXX/23 Page 46 27.01 A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative: five of seven Members four of six Members four of five Members three of four Members 4230 Commencement and Administration 28302.01 This by-law shall be administered by the City ClerkClerk. 28302.02 The City ClerkClerk shall be authorized to make minor corrections to any By-law, Motion, Resolution, minutes or other Council document to eliminate technical or typographical errors. 28302.03 By-law 7665/18, By-law 7678/19, By-law 7685/19, By-law 7749/20, By-law 7753/20, By-law 7771/20, and By-law 7781/207926/22 is are hereby repealed. 28.302.04 The short title of this by-law is the “Procedure By-law”. By-law passed this 26th day of June, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 120 - -aft;of Pl(KERJNG Attachment #3 to Report CLK 07-23 Report to Executive Committee Report Number: CLK 06-23 Date: May 1, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Procedure By-law Review and Updates -File: A-1440 Recommendation: 1. That Report CLK 06-23 regarding the Procedure By-law Review and Updates be received; 2. That the draft By-law, included as Attachment #1 to CLK 06-23, be approved and enacted; and, 3. That the appropriate City of Pickering Officials be authorized to take such actions as are necessary to give effect to the recommendations in this Report. Executive Summary: This Report is provided to recommend the adoption of an updated Procedure By-law for Pickering City Council and its Committees. The review and proposed updates to the By-law seek to provide improved readability and clarity of meeting procedures, to clarify By-law language, to add new provisions to align with current practices, to increase overall meeting efficiencies, to improve accountability and transparency, and to incorporate the direction and discussions of City Council. Financial Implications: There are no financial implications associated with this Report. Discussion: Section 238 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), requires every municipality and local board to pass a procedure by-law for governing the calling, place and proceedings of meetings. Although the City’s Procedure By-law has been amended several times during the prior Term of Council, most of the amendments were to address the ability to participate electronically during the COVID-19 pandemic as provided through amendments to the Municipal Act. Aside from these amendments, the By-law has not undergone a significant review and rewrite since 2012. In an effort to provide a more readable and modernized By-law that aligns with current City practices, the By-law was reviewed in its entirety and as part of that review, municipal best practices found in the Procedure By-laws of the Durham Region lakeshore municipalities, and the Region of Durham were considered. Where possible, these best practices were incorporated if they provided clarity and a more effective approach to the City of Pickering’s meeting procedures. - 121 - CLK 06-23 May 1, 2023 Subject: Procedure By-law Review and Updates Page 2 The following sections demonstrate the main areas of the By-law that have been amended. For ease of reference, and to highlight all of the changes being proposed, both a clean version with all proposed changes included, as well as a tracked changes version of the draft By-law have been included respectively as Attachments #1 and #2 to this Report. General Changes: • Revised definitions and the addition of new definitions to provide clarity in the meaning and use of the defined terms throughout the By-law. • Streamlining sections to remove redundant text, headers, and condensing language and relocating sections where possible, for ease of reading. Notable Changes: 1. Removal of Section 03.03 and 03.04 relating to pregnancy and parental leave for Members of Council: • These provisions were originally written into the Procedure By-law to comply with amendments to the Act in 2019 that required municipalities to adopt a policy regarding pregnancy and parental leaves for Members of Council. It was always the intention of staff to have these provisions included in a standalone policy which is now being presented at the May 1, 2023 Executive Committee and therefore, these sections of the Procedure By-law are no longer required and have been removed. 2. Inclusion of a new Section relating to the annual Executive Committee Budget Meeting to align with current practices. (Section 05.03 (c)). 3. Inclusion of two new Sections to include additional parameters surrounding the holding of Closed Meetings and Education and Training Sessions of Council, and the processes undertaken, to align with current practices. (05.05 and 05.06). 4. Relaxed rules pertaining to attendees in the audience having the ability to record the meeting or parts of the meetings: (Section 07.09): • This language was incorporated to align with municipal best practices as most municipalities now allow for this. Given that all of the City’s meeting are currently livestreamed and recorded, there are no major concerns regarding an individual recording any part of an open meeting. Additionally, with the meetings being held in an open, public space, we do not have any policies to prevent such activity. That said, wording has been included in the By-law that despite an attendee being allowed to capture their own video at a public meeting of a Committee or Council, they can only do so as long as it is not disruptive to any part of the Meeting as determined by the Chair. The use of signs and placards are still prohibited to ensure that all attendees are comfortable in participating in Meetings. - 122 - CLK 06-23 May 1, 2023 Subject: Procedure By-law Review and Updates Page 3 5. The time for mandatory adjournment of a Meeting is proposed to change from midnight to 11:00 pm with the ability for Committee or Council to pass a motion, by majority vote, to extend to midnight: (Section 07.15) • In scanning all Durham Region municipalities, all have a mandatory meeting adjournments no later than 11:00 pm, unless there is a suspension of the meeting rules requiring a 2/3 majority vote. Moving the time back to 11:00 pm for Pickering’s Procedure By-law, with an added ability to extend to midnight by majority vote, is in keeping with these best practices. It should also be noted that meetings that go beyond the hour of midnight may prohibit public participation and are unduly taxing on Members of Council and staff who have been working throughout the entire day. 6. In addition to the change in the mandatory adjournment hours, additional wording has been added to guide the process around formally adjourning a meeting at curfew to ensure that if it is a Council Meeting, any business that was conducted prior to the adjournment hour is ratified and confirmed by a Confirmatory By-law so that staff can action those Council decisions made prior to the adjournment: (Section 07.15) • This situation occurred recently at the February 27, 2023 Council Meeting that went until 1:00 am and recessed until March 8th. In this situation, as the meeting was recessed, and no confirmatory by-law was adopted, any decisions made on February 27th were not technically ratified and could not be carried out until the confirming by-law was adopted on March 8, 2023 when the Meeting resumed. • To avoid this scenario in future, adopting the confirmatory by-law at the mandatory adjournment hour will allow staff to move forward and action any Council decisions made up to that point in the Meeting. 7. Expansion of the reasons to allow a Member of Council to participate electronically in Committee and Council Meetings: (Section 09.01) • Provisions have been included to address the ability for Members to participate electronically for reasons pertaining to illness or medical reasons for not only just the Member, but also for the Member’s immediate family member. “Immediate Family Member” has been defined in the By-law as the Member’s child, parent or spouse, and aligns with the provisions of the Municipal Conflict of Interest Act. These expanded provisions provide flexibility should a Member need to physically be at home to care for a loved one, but still able to fully participate in an electronic Committee or Council Meeting. • Wording was also added to allow for a Member to participate electronically if they are away attending to City business, such as attending a conference. Members who are out of Town and attending to City Business may only need to do so during the day and may be able to fully participate in an evening meeting and therefore, these provisions have been expanded to allow for these circumstances. - 123 - CLK 06-23 May 1, 2023 Subject: Procedure By-law Review and Updates Page 4 • It should be noted that although some procedure by-laws do not place any restrictions on why a Member may participate electronically, the City’s approach has always been that a Member participating electronically should be able to be fully engaged in the meeting. To that end, if a Member is away on vacation or attending to their own personal work obligations, it is difficult for that Member to be fully engaged and as a result, the reasons for electronic participation have been limited in this regard. • It should be understood that although a Member may participate electronically for certain reasons, they are not obligated to do so. Should a Member be too ill or too involved in caring for a loved one, or consumed with conducting City business at the time the Committee or Council Meeting is held, they have the right to be absent from the Meeting and marked as such under Roll Call. 8. Aside from the new provisions to expand the reasons why a Member may participate in a Meeting electronically, language has also been added to allow for members of the public to delegate electronically by means of a video connection into the Meeting: (Section 09.07 and 09.08) • Individuals who register as a delegate will be provided with a link to the electronic meeting so that they can appear on camera. Connection in this manner is dependent on the delegate having the appropriate technology in place to do so and should there be any technical difficulties, it in no way negates any part of the meeting or decisions made therein, and the delegate may submit written comments in lieu of their delegation should any technical issues arise. • The expansion of these parameters will alleviate the need to have staff attend a Meeting only to call in delegates over the phone resulting in a decrease in overtime costs. • As the City has been using an electronic meeting platform for approximately three years now, we are much more comfortable with the software and the process and there are no longer any concerns with sharing the electronic meeting platform link with members of the public who may be delegating in this format. 9. Removal of Invocation and replacing with a Moment of Reflection at Council Meetings: (Section 11.01 and 12) • In 2015 the Supreme Court of Canada ruled unanimously that the municipal council in the Quebec City of Saguenay could not open its meetings with a prayer and ordered the City and its Mayor to “cease the recitation of the prayer in the chambers where the municipal council meets”. An excerpt from the decision reads “The state’s duty of religious neutrality results from an evolving interpretation of freedom of conscience and religion. The evolution of Canadian society has given rise to a concept of this neutrality according to which the state must not interfere in religion and beliefs. The state must instead remain neutral in - 124 - CLK 06-23 May 1, 2023 Subject: Procedure By-law Review and Updates Page 5 this regard, which means that it must neither favour nor hinder any particular belief, and the same holds true for non-belief.” • Since that ruling, most municipalities no longer include an invocation at their Council meetings and many have instead opted for a Moment of Reflection so that any person may reflect on their own personal beliefs. Some municipalities have removed it all together and do not have either an invocation or moment of reflection. • The Clerk’s Office received two pieces of correspondence on this matter, one in July of 2020 and the other as recent as December of 2022, and both questioned why the City continued to include the invocation at its Council Meetings despite the Supreme Court ruling. • As a result of the Ruling, the best practices of other municipalities, and the correspondence received from members of the public, it is proposed that the invocation be removed and replaced with a silent Moment of Reflection which will be followed by the reading of the Indigenous Land Acknowledgment Statement. 10. Speaking time limits for both Members of Council and the public are proposed to be reduced from ten minutes to five minutes, and additional parameters have been added pertaining to when an individual can delegate to a Committee or Council: (Section 08.01) • All Durham Region municipalities, with the exception of Clarington, limit the delegation and Member speaking limits to five minutes. Many delegates have demonstrated that a five minute speaking limit is ample time for them to state their position on a matter, and in the spirit of ensuring that meetings are efficient for everyone, it is proposed that Pickering also adopt a five minute speaking limit. • Provisions have been included that the delegation speaking limit can be extended for an additional two minutes by way of a majority vote of the Members. • Parameters have also been included to ensure that delegates appear at Standing Committees first, rather than Council (with some exceptions), and individuals are not permitted to delegate on matters that have been referred, are not within Council’s jurisdiction, have already been decided, have been deferred and the individual already delegated on the matter when it was originally presented, and matters that are related to reports from the Integrity Commissioner. 11. A new method of circulating correspondence is proposed by way of implementing a weekly Council Correspondence Index (CII) as well as an earlier deadline to request items of correspondence on an agenda: (Section 15) • Currently any pieces of correspondence that come into the Clerk’s Office are circulated as they are received by email to all Members of Council, the CAO, and Directors. In an effort to provide a more effective approach to the circulation of correspondence, a Council Information Index (CII) is being proposed. - 125 - CLK 06-23 May 1, 2023 Subject: Procedure By-law Review and Updates Page 6 • The CII will be circulated to all Members of Council, the CAO, and Directors every Friday afternoon by email and will include all pieces of correspondence received in the Clerk’s Office for that week and since the release of the previous CII. • A Member of Council may request any item from the CII be included on an upcoming Council agenda and in doing so shall make the request to the City Clerk with a copy to all Members of Council, the CAO, and Directors. As part of the request, the Member will also provide a proposed recommendation that will be included with the correspondence on the Council agenda. • The CII will provide a weekly resource where all Members and staff can readily access important pieces of correspondence that are received by the City. 12. Language has been added under “Committee Reports” to clearly outline the process should a Standing Committee not make a recommendation to Council: (Section 16) • As Council is the ultimate approval authority, although a recommendation may not be made by the Executive or Planning & Development Committees, Council still has the authority to consider the matter and dispose of it as Council deems appropriate. Although this is a rare occurrence, the new provisions provide a clear understanding of how this situation will be addressed should it occur. 13. Updates to the Notice of Motion section: (Section 18) • Currently when a Member submits their finalized motion that was presented through the Notice of Motion (NOM) parameters, they typically provide the signed NOM form to only the Clerk and the seconder of the motion. New provisions are proposed in the By-law requiring the Member submitting the final NOM to copy all Members of Council, the CAO, and appropriate staff on the submission of the motion to the Clerk. This will ensure that all Members and staff are aware of the contents of the motion prior to the publication of the agenda. • Provisions have also been included to ensure that Members consult staff on the technical components of the motion to ensure the motion is accurate and actionable, and that it is in keeping with City’s Strategic Plan. • The deadline to submit the final motion for an agenda has also been changed from Wednesday to the Tuesday prior to the meeting, at noon, to allow more time for staff to finalize the agenda so that it is ready for publication on Thursday. 14. Additional language has been added under “Other Business” to highlight the importance of consulting with the CAO to ensure that the date to report back on any substantive report is conducive to current staff workplans and priorities so that a mutually agreed upon date can be included in the motion. (Section 21) 15. Several sections of the By-law now include reference to the Supplemental Information Package (SIP): (Sections 01 bb), 07.02, and 08.01.)) - 126 - CLK 06-23 May 1, 2023 Subject: Procedure By-law Review and Updates Page 7 • Use of the SIP has been our practice for quite some time and these provisions have been included to demonstrate how the SIP is used and distributed and provisions surrounding when a Member requests an item from the CII be included on an upcoming Council agenda. 16. A more robust overview of the language and provisions pertaining to rules of debate, motions and precedence of motions, to align with Roberts Rules of Order, has also been added and provides clarity and practical guidance in how those motions are carried out. The provisions align with current procedural practices, however, they provide a more detailed overview which was not articulated in earlier versions of the By- law. (Section 24) In addition to the notable changes above, the start time for Council Meetings was also considered and staff looked into the possibility of starting Council Meetings at an earlier time. After a thorough review, and due to some of the additional efficiencies that have been written into the bylaw to provide for more efficient meetings, it is being recommended that the current 7:00 pm start time continue for the time being. In scanning Durham Region municipalities, only the City of Oshawa and the Region of Durham hold Council meetings at 9:30 am, and Uxbridge holds two Council meetings per month, one at 10:00 am and one at 7:00 pm. All other municipalities start at 6:00 pm or later. As the City of Pickering frequently holds in-camera sessions prior to regular council meetings, should Council Meetings begin at 6:00 pm for instance, the in-camera session could need to start as early as 4:30 or 5:00 pm which would result in the Meeting starting in the middle of the dinner hour. Consideration was given to starting Council meetings earlier in the afternoon, however, daytime Meetings are not conducive to public engagement or for Members of Council who may be working during the day. Therefore, it is proposed to continue to hold Regular Council Meetings at 7:00 pm and should there be a need to revisit this, an amendment to the By-law could be brought forward in future. As noted above, the curfew time is proposed to change to ensure Meetings end at 11:00 pm and the speaking time limits for both delegates and Members of Council has been reduced which should help with the Meeting ending at a more reasonable hour. Changes Based on Council Direction and Discussions: At its Meeting held on January 23, 2023, through Resolution #59/23, staff were directed to undertake a review of the City’s Boards and Committees Policy and staff were directed to incorporate provisions in the Procedure By-law to provide the ability for Members of Council to provide monthly updates for the Board/Committee in which they are the Council representative. As a result, a new section has been added to the Procedure By-law to outline the order of business for Standing Committees (Section 23) and “Member Updates on Committees” has been included. Member representatives will be given the opportunity to provide any updates pertaining to the Committee’s Workplan, mandate or any other matter before the Committee. The provisions also outline that any recommendations arising from a Board/Committee, shall be communicated in accordance with ADM 040, Committees and Taskforces of Council, through the designated staff liaison. - 127 - CLK 06-23 May 1, 2023 Subject: Procedure By-law Review and Updates Page 8 Through discussions with Members of Council, additional provisions were considered as part of the Procedure By-law Review. Staff considered the use of early release reports as undertaken by the Region of Durham, the City of Oshawa and the Municipality of Clarington, however during the review it was discovered that the City of Pickering is one of the few municipalities that publish their Standing Committee agendas 10 days in advance of the Meeting. Language has been strengthened in the By-law to limit the number of reports going directly to Council so that reports can be presented on Standing Committee agendas as much as possible. This will provide adequate time for the public and Members of Council to review and digest the staff reports and time to consult with staff prior to the meeting should Members have any questions. Other items raised by Members of Council included the ability for Regional Councillors to give Regional Councillor Updates and the implementation of a Question Period at Council Meetings. To that end, the Order of Business for Council Meetings has been updated to include both of these new agenda items. Through research it was discovered that the Town of Ajax, City of Mississauga, and the City of Brampton have incorporated a Question Period into their meeting procedures. Sections 10.01 and 13 outline how the Question Period will be carried out and it is proposed to occur just prior to Delegations. The Question Period will provide enhanced transparency and offers an opportunity for members of the public to ask questions of the Mayor pertaining to any item on a Council agenda. The new provisions for Regional Councillor Updates will provide an opportunity for Regional Councillors to update other Members, City staff and the public on matters that are before Regional Council. Effective meeting procedures are an integral component of local democracy. They seek to provide accountability and transparency in the decision making process of City Council and preserve the rights of the public and Members to participate and be heard. They also ensure that the business of the municipality can proceed expeditiously, and the public interest is upheld. To that end, the Procedural By-law has been updated to reflect revisions requested or directed by Council, to facilitate effective participation by Council, staff, and the public during meetings, to streamline and improve the overall readability of the by-law, as well as to align with current practices. The intent of these changes is to simplify meeting practices, and to help foster an environment where the public and all Members of Council are empowered to participate. As this Term of Council progresses, Legislative Services will monitor these changes to ensure they are operating as intended and make note of further opportunities for improvement and bring forward any recommended changes as needed. Attachments: 1. Draft Procedure By-law (clean updated version) 2. Draft Procedure By-law (with tracked changes) - 128 - CLK 06-23 May 1, 2023 Subject: Procedure By-law Review and Updates Page 9 Prepared By: Approved/Endorsed By: Susan Cassel City Clerk Director, Corporate Services Paul Bigioni & City Solicitor Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer - 129 - Attachment #1 to Report CLK 06-23 The Corporation of the City of Pickering By-law XXXX/23 Being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Index 01 Definitions Page 5 02 Application of this By-law 7 03 Duties 7 Members Mayor or Chair 04 Disclosures of Pecuniary Interest 8 05 Types of Meetings 9 Inaugural Meeting Regular Council Meetings Regular Standing Committee Meetings Special Meetings of Council or a Standing Committee Education & Training Sessions Closed Meetings Statutory Public Meetings Other Committee Meetings Ad Hoc Committee Upper Tier Council Meetings – Appointment of Alternate Member 06 Notification of Meetings 13 Public Notification Emergency Notification Cancellation/Postponement of Meetings 07 Meetings 14 - 130 - By-law XXXX/23 Page 2 Place of Meetings Information pertaining to a Committee or Council Meeting Chairing of Meetings Absence of Chair Calling the Meeting to Order Quorum Clerk’s Attendance at Meetings Recording of Minutes Signs, Banners, Emblems, Flags, Cameras, and Video Recordings Access to Council Floor Petitions Change in Order of Business Consideration of Items Staff/Consultant Delegations for Staff Reports Adjournment Hour 08 Delegations 17 Delegations Delegations at a Statutory Public Meeting Delegations Requesting Action Audio Visual Equipment for Delegations Priority of Delegations Conduct of the Delegation Questions to the Delegation 09 Electronic Participation 21 10 Conduct at Meetings 22 Members of the Public Members of Committee and Council Actions When a Member’s Behaviour is Inappropriate 11 Order of Business for Council Meetings 23 12 Moment of Reflection and Indigenous Land Acknowledgement Statement 24 13 Presentations 24 14 Question Period 25 15 Correspondence 25 16 Committee Reports 26 - 131 - By-law XXXX/23 Page 3 17 New and Unfinished Business 26 Reports of an Urgent Nature Introduction of a Motion 18 Notices of Motions 27 19 By-laws 27 20 Regional Councillor Updates 28 21 Other Business 28 Other Business Notice of Motion Substantive Information Reports 22 Confirmatory By-law 28 23 Order of Business for Standing Committee Meetings 28 Order of Business for Regular Standing Committees Member Updates on Committees 24 Rules of Debate 29 Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair’s Decision Final Unless Appealed Appeal of Decision of Chair 25 Points of Order 31 26 Points of Privilege 31 27 Motions 31 Motions in Order of Precedence 32 Motion to Adjourn Motion to Recess Motion to Table Motion to Call the Question Motion to Defer - 132 - By-law XXXX/23 Page 4 Motion to Refer Motion to Amend Motion to Suspend the Rules Motion to Divide Motion to Reconsider a Previous Decision of Council Motion to Rescind 28 Voting 36 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Votes Vote of the Chair 29 Contingencies 37 30 Commencement and Administration 37 - 133 - By-law XXXX/23 Page 5 01 Definitions a) “Act” means The Municipal Act, 2001, S.O. 2001, c.25, as amended; b) “Chair” means the presiding officer at a Meeting; c) “CAO” means the Chief Administrative Officer of the City of Pickering; d) “Clerk” means the City Clerk of the City of Pickering; e) “Closed Meeting” means a Meeting which is not open to the public for reasons allowed under Section 239 of the Act; f) “Committee” means Standing Committees, Ad-Hoc Committees, Advisory Committees, Local Boards, and Taskforces which may be established by Council or as required under statute; g) “Council” means the Council of the City of Pickering; h) “Councillor” means the city or regional elected representative of a Ward on the Council of the City of Pickering; i) “Delegation” means an address to Council or a Committee by one or more persons who are not Members of Council, City staff, consultants, or other individuals hired by the City; j) “Deputy Mayor” means the Member appointed to act in place of the Mayor under Section 242 of the Act and in accordance with Policy ADM 045; k) “Inaugural Meeting” means the first Meeting of a new Council after a municipal election where the declarations of office are taken; l) “Immediate Family Member” means a Member’s child, parent, or spouse; m) “Majority” means for the purpose of voting, unless otherwise specified, more than half of the total number of the Members present at the vote and not prohibited from voting by statute; n) “Mayor” means the Head of Council for the City of Pickering; o) “Meeting” means any regular, special or other Meeting of Council, of a Local Board or of a Committee, where a Quorum of Members is present and the Members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the Council, Local Board or Committee in accordance with Section 238 of the Act; p) “Member” means a member of the Council or Committee; q) “Notice of Motion” means advance verbal notice, given by a Member, advising that the motion will be brought forward at a future Meeting for consideration; - 134 - By-law XXXX/23 Page 6 r) “Pecuniary Interest” means a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50, as amended; s) “Presentation” means a presentation of a tangible item or recognition to or from the City of Pickering; t) “Quorum” means a Majority of the Members elected to Council or the number of Members required for the legal conduct of the business of Council or a Committee; u) “Recorded Vote” means the making of a written record of the name and the vote of each Member who votes on a matter; v) “Regular Meeting” means a scheduled Meeting held in accordance with the approved annual Committee & Council Meeting Schedule; w) “Rules of Procedure” means the rules which are set forth in this By-law; x) “Special Meeting” means a Meeting of Council or a Committee that is arranged outside of the normal Committee & Council Meeting Schedule to deal with only specific item(s) of business; y) “Standing Committee” means the Executive Committee or the Planning & Development Committee; z) “Statutory Public Information Meeting” means a Meeting that is legislated under a statute and hosted by staff, a Standing Committee or Council in order to inform members of the public about a matter. aa) “Substantive Report” means a written report, whereby staff are required to gather data/information and perform an analysis of such data/information in order to draw a conclusion and possible recommendation or action based on the analysis which is presented to the appropriate Standing Committee or Council; bb) “Supplemental Information Package (SIP)” means a compilation of information pertaining to an upcoming Meeting including but not limited to additional Delegations who registered after the publication of the agenda, written submissions from the public, PDF or PowerPoint presentations related to Delegations and any other information that Members require to aid in their decision-making at a Meeting. Supplemental Information Packages shall be compiled by the Clerk and provided by email to all Members on the business day prior to the date in which the Meeting is held. - 135 - By-law XXXX/23 Page 7 cc) “Two-Thirds” means two-thirds of the Members present at a Meeting and not disqualified from voting on a matter. The calculation shall be as follows: five of seven Members four of six Members four of five Members three of four Members 02 Application of this By-law The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and Committee Meetings. Where a provision is not made in this By-law, the procedure to be followed shall be determined by the Chair in consultation with the Clerk as needed. 03 Duties 03.01 Members Members of Committee and Council shall come prepared to every Meeting by having read all the material supplied, including agendas, staff reports, and any Supplemental Information. Members shall consult and make inquiries of staff regarding the materials supplied in advance of the Meeting in order to provide for meaningful dialogue and effective decision-making of the Committee or Council. 03.02 The Mayor or Chair shall: a) Open the Meetings by taking the chair and calling the Members to order, addressing the business before the Committee or Council, and ruling on matters of procedure. b) Receive and submit, in the proper manner, all motions presented by the Members. c) Put to a vote all motions, which are moved and seconded, or necessarily arise in the course of the proceedings, and announce the result. d) Restrain the Members, when engaged in debate, within the Rules of Procedure. e) Enforce on all occasions the observance of order and decorum by the Members and any other persons present at the Meeting. f) Call by name, any Member persisting in the breach of the Rules of Procedure and order them to vacate the place in which the Meeting is being held. - 136 - By-law XXXX/23 Page 8 g) Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. h) Permit questions to be asked through the Chair of any staff in order to provide Members with information to assist any debate when the Chair deems it proper and appropriate. i) Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then call the question. j) The Chair may speak and/or vote on any question, but if they wish to move or second a motion, they shall first vacate the Chair by designating an Acting Chair to act in their place, until disposition of the item has concluded and they resume the Chair. 04 Disclosures of Pecuniary Interest 04.01 Where a Member has a Pecuniary Interest as defined in the Municipal Conflict of Interest Act, the Member shall, prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof. The Member shall not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during, or after the Meeting to influence the voting on any such question. Members shall not request the Clerk or other Staff members to provide advice or comment on whether a Member has a Pecuniary Interest. Advice pertaining to whether a Member should declare a Pecuniary Interest shall be obtained by the Member from the City’s Integrity Commissioner or the Member’s independent lawyer. 04.02 Where the Meeting is not open to the public, in addition to declaring the conflict, the Member shall leave the Meeting, or the part of the Meeting during which the matter is under consideration. 04.03 Notwithstanding Section 04.02, if the matter under consideration pertains to whether to suspend the remuneration paid to the Member under Subsection 223.4(5) or (6) of the Act, the Member may take part in the discussion of the matter, including making submissions to Council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the Meeting. However, the Member is not permitted to vote on any question in respect of the matter. In the case of a Meeting that is not open to the public, the Member may attend the Meeting or part of the Meeting during which the matter is under consideration but may not vote on the matter. 04.04 Where a Member is absent from a Meeting which includes a matter on which they have a Pecuniary Interest, the Member shall disclose the interest at the next Meeting attended by the Member. - 137 - By-law XXXX/23 Page 9 04.05 The Clerk shall record any declarations of interest made by a Member in the Meeting minutes, noting the matter and the general nature of the declaration. 04.06 Any verbal declarations made under this Section shall also be submitted in writing to the Clerk using the prescribed form and shall be made available in the Office of the Clerk through a Disclosure of Interest Registry. 05 Types of Meetings 05.01 Inaugural Meeting a) The Inaugural Meeting of Council shall be held no later than the second Monday after Council takes office pursuant to the Municipal Elections Act. b) The order of business for the first Meeting of Council shall be as follows: i) Call to Order/Roll Call ii) Moment of Reflection iii) Indigenous Land Acknowledgment Statement iv) Declarations of Office by Members v) Inaugural address vi) Adjournment 05.02 Regular Council Meetings All Regular Meetings of the Council shall be held on the fourth Monday of each month at the hour of 7:00 p.m. unless otherwise provided by resolution of the Council. If a Council Meeting falls on a public or civic holiday, the Council shall meet at the same hour on the next following day, which is not a public or civic holiday. 05.03 Regular Standing Committee Meetings There shall be two Standing Committees; a Planning & Development Committee and an Executive Committee. The Standing Committees shall be organized as follows: a) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. b) The Executive Committee shall meet on the first Monday of each month at 2:00 p.m., unless otherwise provided by resolution of the Council. If an Executive Committee Meeting falls on a public or civic holiday, the Committee shall meet at the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Office of the CAO, the Community Services Department, the Corporate Services Department, the Engineering Services Department, Finance Department, the Human - 138 - By-law XXXX/23 Page 10 Resources Department, the Fire Services Department, and the Operations Department. c) Aside from regularly scheduled Executive Committee Meetings, an annual Executive Committee Budget Meeting shall be included on the annual Committee & Council Meeting Schedule. Executive Committee Budget Meetings shall be chaired by the Mayor and a seconder shall not be required to move motions pertaining to the Budget deliberations. Executive Budget Meetings may be held in a meeting space other than the Council Chambers as deemed appropriate by the Clerk. d) The Planning & Development Committee shall meet on the first Monday of each month at 7:00 p.m. unless otherwise provided by resolution of the Council. If a Planning & Development Committee Meeting falls on a public or civic holiday, the Committee shall meet at the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Planning & Development Committee to report to Council on matters under the jurisdiction of the City Development Department. 05.04 Special Meetings of Council or a Standing Committee a) In addition to Regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the Special Meeting. b) Upon written receipt of a petition of the Majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time and date noted in the petition. c) The Clerk shall give all Members notice of a Special Meeting at least twenty-four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk for delivery of notices, and in default of provision of such address, to the Member’s City Hall office. d) The notice to be given shall indicate the nature of the business to be considered, as well as the date, time and place of the Special Meeting. e) No business other than that indicated in the notice shall be considered at the Special Meeting. f) Special Meetings of Committee or Council are not required to follow the Order of Business described in this By-law, and the business of a Special Meeting may be organized in a manner deemed appropriate by the Clerk. 05.05 Education & Training Sessions - 139 - By-law XXXX/23 Page 11 a) Education & Training Sessions are held as Special Meetings of Council and may either by open or closed to the public. b) An Education & Training Session may be held as a Closed Meeting in accordance with Section 239(3.1) of the Act, provided that no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council. c) Delegations shall not be received at an Education & Training Session as no decisions shall be made or considered. d) The agenda for the Education & Training Session shall state the general purpose or purposes for which the Meeting is being held. e) Notice of the Education & Training Session shall be given in accordance with the notice provisions of this By-law. f) The Clerk, or their designate, shall take minutes describing in general terms each subject matter dealt with at an Education & Training Session. 05.06 Closed Meetings a) All Closed Meetings of Council will be held immediately prior to the Regular Council Meeting as an In-camera Session, or by means of a Special Meeting of Council called by the Mayor or by a written petition of the Majority of the Members of Council. Closed Meetings shall only deal with the subject matter(s) that the Closed Meeting was called for. b) All Meetings shall be open to the public except where a matter meets one or more of the open meeting exceptions under Section 239(2), 239(3), and 239(3.1) of the Act. c) Before holding a Meeting, or part of a Meeting that is to be closed to the public, Council or a Committee must state by resolution, the fact of the holding of the Closed Meeting and the general nature of the matter(s) to be considered. d) All information, documentation, deliberations, or decisions received, reviewed, or made at a Closed Meeting, including the detailed agenda, are confidential and must not be released to the public or any individual not entitled to be present at Closed Meetings. e) The Clerk will distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member’s name. Confidential materials that must be emailed to Members or staff shall be password protected and such password provided by way of a separate means of communication. f) No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, - 140 - By-law XXXX/23 Page 12 employees or agents of the City, or persons retained under contract with the City. Any votes taken in a Closed Meeting shall be by a show of hands unless a Recorded Vote is requested by a Member in accordance with this By-law. g) When a Closed Meeting has occurred, the Committee or Council shall rise to open session and the Chair shall state aloud a public report of the general nature of the subject matter considered. Whenever possible, any direction provided to staff shall be presented in a motion duly moved and seconded in the open session. Where it is not possible to report publicly on matters considered during a Closed Meeting, the Chair shall provide a general statement of what occurred during the Closed Meeting and where necessary, may take a vote to approve the confidential direction provided during the Closed Meeting. h) When a decision is made by Council to relay information to the public regarding a Closed Meeting item, the Mayor or the Mayor’s designate, will release the information. i) The response of Members to inquiries about any matter dealt with by a Committee or Council at a Closed Meeting, prior to it being reported publicly, must be “no comment”, or words to that effect. No Member shall release or make public any information considered at a Closed Meeting, or discuss the contents of such Meeting with anyone other than Members or staff who were present at the Closed Meeting. j) In accordance with Policy ADM 070, Code of Conduct, any violations pertaining to the disclosure of confidential information, may be investigated by the City’s Integrity Commissioner and any findings or recommended sanctions shall be reported to Council by the Integrity Commissioner in accordance with the provisions of the Code of Conduct. k) A person may request an investigation of whether a municipality or local board has complied with Section 239 of the Act, or the Procedure By- law, in respect to a Closed Meeting or part of a Closed Meeting, by contacting the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed a closed meeting investigator. 05.07 Statutory Public Meetings a) Statutory Public Meetings shall be held at the appropriate Standing Committee Meeting, as required by statute, or by Council, or when considered desirable by staff. b) Appropriate advertising shall be undertaken as required by statute, by- law or in accordance with City policy, to advise interested persons of the subject matter, date and time of the Meeting where the matter will be considered. - 141 - By-law XXXX/23 Page 13 c) When appropriate, Statutory Public Meetings may also be held at Special or Regular Meetings of Council. 05.08 Other Committee Meetings All Committees of Council are required to adhere to this Procedure By-law and the Committee’s Terms of Reference, however, in accordance with Policy ADM 040, a Committee may choose to adopt simplified Procedures, subject to the approval of the Clerk. 05.09 Ad Hoc Committee Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. Ad Hoc Committees shall be established in accordance with Policy ADM 040, Committees and Taskforces of Council, and shall be subject to all Meeting provisions contained in this By-law. When an Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved. Ad Hoc Committees shall not be established for a term longer than one year. 05.10 Upper Tier Council Meetings – Appointment of Alternate Member Council may appoint one of its Members as an Alternate Member of the Upper Tier Council to act in place of any Regional Councillor when they are unable to attend a meeting of the Upper Tier Council for any reason, subject to the following limitations: a) No more than one Alternate Member may be appointed during the term of Council; b) Notwithstanding Section 05.10 a), if the seat of the appointed Alternate Member becomes vacant, Council may appoint another of its Members as an Alternate Member for the remainder of the term of Council; c) Council may not appoint an alternate for the Alternate Member; and d) When acting in their capacity as an Alternate Member on the Upper Tier Council, the Alternate Member shall adhere to all policies, procedures, practices, and codes of conduct established by the Upper Tier Council. 06 Notification of Meetings 06.01 Public Notification Public notification shall be deemed to have been given by the posting of the Committee or Council agenda on the City website as follows: - 142 - By-law XXXX/23 Page 14 a) Committee Meetings – by end of day on the Thursday, ten (10) days prior to the Meeting. b) Council Meetings – by end of day on the Thursday prior to the Council Meeting. c) Special Meetings – at least twenty-four (24) hours preceding the Meeting. d) Closed Meetings – at least twenty-four (24) hours preceding the Meeting. 06.02 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may urgently affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as practicably possible and in the most expedient manner available. 06.03 Cancellation/Postponement of Meetings Any Meeting may be cancelled or rescheduled to a day, time, and place, set out in a written notice from the Clerk, sent to each Member at least twenty- four (24) hours before the scheduled date of the Meeting. A Meeting may be cancelled if the Clerk determines in advance that Quorum will not be achieved, there are no agenda items, or by way of a resolution of the Committee or Council as the case may be. Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the Clerk shall attempt to notify the public as soon as practicably possible and in the most expedient manner available. 07 Meetings 07.01 Place of Meetings All Regular Meetings of the Council and Standing Committees shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by the Mayor and the Clerk. 07.02 Information pertaining to a Committee or Council Meeting including the Meeting agenda, reports and any Supplemental Information Packages shall be sent to all Members. 07.03 Chairing of Meetings a) Every Council Meeting shall be chaired by the Mayor, if present; - 143 - By-law XXXX/23 Page 15 b) The Chair of the Standing Committees shall be rotated each Meeting amongst the Councillors, in alphabetical order by last name. 07.04 Absence of Chair a) Council Meetings -If the Mayor does not attend within fifteen (15) minutes after the hour is fixed for the holding of the Meeting of the Council and if a Quorum is present, the Deputy Mayor shall preside over the Meeting and have the same authority to Chair the Meeting as the Mayor. Should the Mayor arrive at the Meeting, the Deputy Mayor shall relinquish the Chair back to the Mayor. b) When the Mayor and Deputy Mayor are absent from a Meeting or refuse to act, the Council may by resolution appoint another Member to act in the place and stead of the Mayor and Deputy Mayor, and such Member shall have the same authority to Chair the Meeting as the Mayor. Should the Mayor or Deputy Mayor arrive at the Meeting, the Member acting in their stead shall relinquish the Chair back to the Mayor or Deputy Mayor as the case may be. c) Standing Committee Meetings – If the Chair does not attend within fifteen (15) minutes after the hour is fixed for the holding of the Meeting of the Committee and if a Quorum is present, the Councillor who is next in alphabetical order to Chair will assume the position of Chair. 07.05 Calling the Meeting to Order The Chair, as soon after the hour is fixed for the holding of the Meeting, and if a Quorum is present, shall take the Chair and call the Meeting to order and shall ask the Clerk or their designate to conduct a roll call of the Members present or absent from the Meeting. 07.06 Quorum a) If a Quorum is not present within fifteen (15) minutes after the time appointed for a Meeting of the Council or Committee, the Clerk shall record the names of the Members present and the Meeting shall stand adjourned until the next Meeting. 07.07 Clerk’s Attendance at Meetings The Clerk or the Clerk’s designate, shall be present at all Meetings of Council; however, they may delegate a member of staff to act in their stead at a Committee Meeting. 07.08 Recording of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be an open or Closed Meeting; - 144 - By-law XXXX/23 Page 16 b) The record required by the Act in respect of a Meeting, shall be made by: i) The Clerk, or the Clerk’s designate, in the case of a Meeting of Council; or ii) The appropriate City staff, in the case of a Meeting of a Committee. c) Except for Recorded Votes, a record or notation of a Member’s opposition or favour on any issue will not be recorded in any Meeting minutes. 07.09 Signs, Banners, Emblems, Flags, Cameras, and Video Recordings at Meetings a) Meetings may be audio or video recorded, broadcast and/or livestreamed publicly by the City, with the exception of Closed Meetings. b) To ensure that all members of the public are comfortable participating in Meetings, signs, banners, emblems, and flags, are prohibited in the Chambers or any space where a Meeting is being held. c) Meeting attendees may record all or portions of open Meetings provided that in doing so, it is not disruptive to the Meeting or other attendees. d) Should a Meeting attendee violate these Procedures, the Chair may ask that the individual be removed from the Meeting. 07.10 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk: a) Shall be allowed on the floor of the place a Meeting is being held while Council or a Committee is sitting; b) Material to be distributed to Council during a Meeting can only be distributed by the Clerk or the Clerk’s designate. 07.11 Petitions Petitions presented during a Council or Committee Meeting shall be provided to the Clerk and the Clerk shall process the petition in accordance with the City’s procedures pertaining to petitions. - 145 - By-law XXXX/23 Page 17 07.12 Change in Order of Business All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a Majority vote of the Members present and voting. 07.13 Consideration of Items Council may consider any matter without referring it to a Committee or may refer it to a Committee or to any number of Committees, and may withdraw a matter from a Committee at any time. 07.14 Staff/Consultant Delegations for Staff Reports Where possible, a staff report that includes a Consultant Delegation shall be listed first under Matters for Consideration (Standing Committee Agendas) or New and Unfinished Business (Council Agendas), so that the consultant may leave the Meeting after their item has concluded to avoid additional costs to the City should there be a large volume of reports on the agenda. 07.15 Adjournment Hour a) All Meetings shall stand adjourned no later than the hour of 11:00 p.m. b) In the event the business before Council has not been completed at the hour of 11:00 p.m., the Committee or Council may, by a Majority vote of the Members present, approve an extension of the Meeting to the hour of 12:00 a.m. c) Motions to continue past 11:00 p.m. are not debatable. d) At 12:00 a.m., any unfinished business shall be deferred to the next Regular Meeting of the Committee or Council, unless a resolution is made to hold the Meeting on another day and time prior to the next Regular Meeting of the Committee or Council. A resolution to hold the Meeting on another day and time requires a Majority vote and if adopted, the Meeting cannot be scheduled sooner than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. e) In either instance noted above, and if at a Council Meeting, a confirmatory by-law shall be adopted before the original Meeting adjourns in order to ratify the business that has already been conducted. Items deferred to another Council Meeting agenda will be confirmed through the Confirmatory By-law of that Meeting. Delegations shall not be permitted for items that are deferred to a future Meeting under this Section as they would have already had opportunity to delegate at the original Meeting. 08 Delegations - 146 - By-law XXXX/23 Page 18 08.01 Delegations a) Delegations shall be directed to the appropriate Standing Committee having charge of the matter which is the subject of the Delegation. b) Delegations that were not able to attend a Standing Committee Meeting, or that have already appeared at a Standing Committee regarding a particular matter, are permitted to delegate at Council on those matters, however, those who have already delegated at the Standing Committee may only delegate at Council if they have additional or new information about the matter.. c) Despite clause a) above, a Delegation may delegate directly to Council if the matter in which they are delegating did not first appear at a Standing Committee or if the Clerk determines that the matter is of an urgent nature and cannot wait for the next applicable Standing Committee Meeting. d) All in-person Delegations, for items listed on an agenda, shall register in writing with the Clerk by 12:00 noon on the day of the Meeting. e) All electronic Delegations, for item listed on an agenda, shall register in writing with the Clerk by 12:00 noon on the business day prior to the Meeting. f) All Delegations for items not listed on an agenda shall register ten (10) days prior to the Meeting. g) Delegations that have not registered in writing by the timelines noted above shall only be heard if permitted by a Two-Thirds Majority vote of Members present at the Meeting. h) Members of the public may submit written comments in addition to, or in lieu of, a verbal Delegation, by noon on the business day prior to the Meeting and such written comments shall be provided to all Members of Council prior to the Meeting through the Supplemental Information Package. i) A Delegation appearing before Council or Committee for items not listed on an agenda shall not be placed on an Agenda to discuss the same matter within six (6) months of the last appearance by the same delegate. j) Delegations shall not be permitted to speak before a Committee or Council for the sole purpose of generating publicity for an event, a product or a service. k) Delegations shall not be permitted to speak to matters which have been referred to staff for a report until the matter is before a Standing Committee or Council. l) Delegations shall not be permitted to speak to matters which are not within Council’s jurisdiction. - 147 - By-law XXXX/23 Page 19 m) Delegations shall not be permitted to speak to matters which have been decided upon by Council unless the matter is before Council for reconsideration. n) Delegations will not be permitted for deferred items except for those who did not delegate on the matter when it originally appeared before the Committee or Council prior to it being deferred. o) Delegations shall not be permitted to speak to a report provided by the City’s Integrity Commissioner. p) A maximum of five (5) minutes shall be allotted for each Delegation at a Meeting. q) A Delegation will not be permitted to take any unused time allocated to another Delegation. r) Should there be one or more individuals that register to speak as a group, the group shall be allotted five (5) minutes to delegate. s) The 5 minute Delegation speaking limit may be extended by two (2) additional minutes if approved by a motion duly moved and seconded and carried by a Majority vote of the Members present. t) Delegations are encouraged not to repeat information presented by an earlier Delegation at the same Meeting. 08.02 Delegations at a Statutory Public Information Meeting Delegations for Statutory Public Information Meetings, who are participating electronically, must register with the Clerk by noon the business day prior to the Meeting. Delegations appearing in person for Statutory Public Meetings are encouraged to register with the Clerk by noon on the day of the Meeting. Delegations will be permitted from the gallery without prior registration only during the Statutory Public Information Meeting portion of a Meeting held under the provisions of the required statute, but shall be heard after all Delegations, either electronically or in- person, who have pre-registered with the Clerk by the applicable deadlines. 08.03 Delegations Requesting Action Delegations which appear at a Meeting and request that action be taken shall, if required by a Majority of the Members present at the Meeting, be referred to City staff for a report that shall be dealt with at a future Meeting. The direction to refer such a matter to City staff shall include the Committee or Council Meeting that the matter shall be presented at. 08.04 Audio Visual Equipment for Delegations - 148 - By-law XXXX/23 Page 20 The City’s audio visual equipment may be used to assist in presentations by Delegations, provided that permission has been obtained for use of such equipment from the Clerk. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the Meeting at which the Delegation is to appear. 08.05 Priority of Delegations Delegations shall be listed on the agenda in the order in which the Clerk received the requests. For Statutory Public Information Meetings, where more than one person wishes to make a Delegation on a particular matter, the proponent or their authorized representative, will be listed last in order to afford the proponent the opportunity of making a Delegation after all other interested persons have done so. 08.06 Conduct of the Delegation a) The Chair may impose restrictions on any Delegation and any questions to a Delegation for disorder or any other breach of this By-law and, if the Chair rules that the Delegation is concluded, the person or persons appearing shall end the Delegation. b) Delegations shall not: i) speak disrespectfully of any person; ii) use offensive words; iii) speak on any subject other than the subject for which they have received approval to address Committee or Council; iv) disobey a decision of the Chair, the Committee or Council; v) debate with other Delegations, City staff, Council Members or the Chair. 08.07 Questions to the Delegation a) Upon the completion of a Delegation, any discussion between Members and the Delegation shall be limited to asking questions for clarification and/or obtaining additional, relevant information only. b) All questions to a Delegation from Members shall be stated succinctly. Members shall not question a Delegation for the purpose of expanding the scope of the Delegation’s remarks or for adding the Member’s own statements through the Delegation. Delegations are an opportunity for Delegates, not Members, to make their views known. Questions from Members such as “are you aware”, “do you agree” or “wouldn’t you say” shall not be permitted as they do not seek clarification or additional relevant information. Members shall not enter into debate with Delegations. Questions to the Delegation shall be presented in a courteous and non-argumentative manner. - 149 - By-law XXXX/23 Page 21 c) Once a motion has been moved and seconded, no further representation from or questions of the Delegation shall be permitted. 09 Electronic Participation 09.01 A Member of Council may participate electronically in a Meeting that is either open or closed to the public should they be unable to participate in person for reasons pertaining to a medical condition or illness (pertains to either the Member or the Member’s Immediate Family Member), City business, or in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies. A Member of Council participating electronically shall be counted in determining whether or not a Quorum of Members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.02 A Member of a local board, task force, an advisory or ad-hoc committee, may participate electronically in a Meeting that is either open or closed to the public and in doing so may be counted in determining whether or not a Quorum of Members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.03 The Clerk may provide for electronic participation of staff at any Meeting, including the Clerk. The Clerk may also provide for electronic participation for consultants or anyone who has been hired by the City to provide services or expertise on a particular matter or project. Such electronic participation is not limited to an audio connection and consultants may be provided with a link to appear by video during an electronic Meeting. 09.04 Notwithstanding the provisions of Section 09.01, the Clerk may provide for electronic participation for all Members of Council should the appropriate meeting space containing the required technology (including the necessary components to operate the livestreaming of the proceedings) not be available for any reason, in order to comply with the open Meeting rules under the Act. 09.05 Electronic Meetings are those held by means of telecommunication instruments including but not limited to telephones, video conferencing, computers with internet access and conferencing platforms and software programs. The means used to facilitate an electronic Meeting shall be determined by the Clerk. 09.06 A Member must provide sufficient notice to the Clerk, their designate, or the Staff Liaison of a Committee, of their intent to participate electronically in a Meeting to ensure the proper technology is enabled to make electronic participation possible. The Member must give at least 48 hours’ notice of their intent to join the Meeting electronically unless extraordinary circumstances apply. 09.07 A member of the public may delegate via electronic participation through the use of a video connection into the electronic meeting platform, and the Clerk shall arrange for such Delegations. Delegations connected through video shall not be permitted to activate their camera or microphone unless invited by the Chair to - 150 - By-law XXXX/23 Page 22 do so. A member of the public delegating electronically shall abide by all of the Meeting decorum provisions of this By-law. The Clerk may require any Delegation to participate electronically in the event of any situation (including a pandemic) in which physical distancing, limited gatherings or quarantine measures are required by local, Provincial or Federal public health agencies, or for the reasons outlined in Section 09.04. 09.08 Where a member of the public requests to participate electronically, it is the delegate’s responsibility to ensure they have the appropriate technology to connect to the Meeting. Where technical issues arise in connecting a Delegate into a Meeting, it shall in no way affect the validity of the Meeting or any action taken at the Meeting. In lieu of a successful electronic connection, members of the public may submit written comments to the Clerk which shall be distributed to all Members of Council after the Meeting. 09.09 If the live stream stops working during a Meeting that involves electronic participation (full or hybrid), the Meeting shall recess for 15 minutes while the live streaming issues are resolved. If the issues cannot be resolved during the 15 minute recess, then the Meeting will be adjourned until the live stream is restored. 09.10 Subject to these provisions for electronic participation, all other provisions of the Procedure By-law continue to apply and the Chair shall determine and maintain order of the Meeting as needed. 10 Conduct at Meetings 10.01 Members of the Public The Chair will ensure that members of the public are respectful of Council, staff, Delegations and all attendees at the Meeting by not heckling, speaking disruptively, making comments or applauding. All communication devices shall be set to silent during a Meeting, with the exception of assistive listening devices or other provisions required by persons with disabilities. 10.02 Members of Committee and Council shall: a) act in accordance with their Declaration of Office and the provisions of this By-law; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings; d) not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant-Governor - 151 - By-law XXXX/23 Page 23 of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; e) not use offensive words or unparliamentarily language in or against Council or against any Member; f) not speak on any subject other than the motion being debated; g) not criticize any decision of Council except for the purpose of moving a motion to reconsider a previous decision of Council; h) refrain from engaging in private conversations while in a Meeting and from using communication devices in a disruptive manner; i) inform the Clerk of their absence prior to any Meeting in which they will be absent. 10.03 Actions When a Member’s Behaviour is Inappropriate The Chair may Call the Member to Order and take one or more of the following actions: a) decide that there was no breach of the rule; b) ask the Member in breach of the rules to stop the behaviour; c) ask the Member to withdraw what was said; or d) ask the Member to apologize. 10.04 If previous attempts to call the Member to order have failed, the Chair may refrain from recognizing the Member for the balance of the Meeting, in which case the Member shall not be permitted to speak or vote for the remainder of the Meeting. 11 Order of Business for Council Meetings 11.01 The Order of Business for the Regular Meetings of Council shall be as follows: a) Call to Order/Roll Call b) Moment of Reflection c) Indigenous Land Acknowledgment Statement d) Disclosure of Interest e) Adoption of Minutes f) Presentations g) Question Period - 152 - By-law XXXX/23 Page 24 h) Delegations i) Correspondence j) Committee Reports k) New and Unfinished Business l) Motions and Notices of Motion m) By-laws n) Confidential Council o) Regional Councillor Updates p) Other Business q) Confirmatory By-law r) Adjournment 12 Moment of Reflection and Indigenous Land Acknowledgement Statement At the Inaugural and all Regular Meetings of Council, the Mayor or Chair shall pause for a silent moment of reflection and after such moment has passed, shall read out the Indigenous Land Acknowledgment Statement. 13 Presentations a) Charities, organizations or individuals wishing to address Council to inform Members of special events or achievements, to seek Council’s recognition of an event or achievement or to make a presentation to Council shall request the opportunity to be granted Presentation status. b) It shall be the duty of the Mayor to make Presentations and to accept Presentations, on behalf of Council, at Meetings of Council. Where a Presentation is made or accepted from an organization on which a Member of Council has been appointed to sit, the Presentation shall be jointly made or accepted with the appointed Member of Council. Where appropriate, Presentations may be made or accepted jointly with another Member or Members of Council at the discretion of the Mayor. c) The request for Presentation status shall be submitted to the Clerk, in writing, no later than 14 days preceding the Meeting at which the Presentation is to be made. - 153 - By-law XXXX/23 Page 25 14 Question Period a) An opportunity will be provided for any member of the public who is physically in attendance at the Meeting, to ask the Mayor a question pertaining to any matter appearing on the Council agenda. b) All questions will be answered by the Mayor, unless in the Mayor’s opinion the answer could be better provided by another Member of Council or City staff. c) The Question Period shall be limited to a total of 20 minutes unless extended by the Mayor/Chair. d) The dialogue that takes place during the Question Period shall not be included in the formal Meeting minutes, and there shall be a general statement in the minutes under the Question Period header that states “A general question and answer period ensued”. Should a member of the public wish to understand what questions and answers were provided, they may view the meeting video posted on the City’s website. 15 Correspondence 15.01 Correspondence received in the Clerk’s Office for distribution to Council shall be provided through a weekly Council Information Index (CII). The Clerk shall prepare the CII and it shall be delivered to Members of Council every Friday afternoon by email and shall be copied to the CAO, Directors, and any other staff as determined by the Clerk. 15.02 Members of Council may pull any item from the CII and make a request in writing to the Clerk to place the item on the next regular Council Meeting agenda under Correspondence. The Member must identify the correspondence number and specific subject matter in their request to the Clerk, and shall copy all Members of Council, the Mayor, and the CAO on such requests. The Member shall also provide the accompanying recommendation relating to the disposition of the correspondence and such recommendation shall be included in the Council Meeting agenda with the item for Council’s consideration and disposition as it deems appropriate. 15.03 Correspondence shall be presented at Council Meetings only and shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shall be filed with the Clerk by no later than 12:00 noon on the Tuesday before the Council Meeting in which it will be considered. 15.04 In addition to correspondence requested by a Member of Council, from time to time, the Clerk shall include correspondence memos from staff pertaining but not limited to, annual work plans and updates from Committees through the designated staff liaison, appointments of Members of Council to various Committees in accordance with Policy ADM 045, and correspondence from the Ombudsman or the City’s Integrity Commissioner. Any proposed - 154 - By-law XXXX/23 Page 26 recommendations relating to these pieces of correspondence shall be at the discretion of the Clerk and will be included on the Council agenda for Council’s consideration and disposition as it deems appropriate. Any correspondence from the Ombudsman or Integrity Commissioner will be provided in the weekly Council Information Index so that Members are aware of and have opportunity to read the correspondence prior to it being printed in a Council agenda. 16 Committee Reports 16.01 Standing Committee reports shall be forwarded to the first regular Council Meeting following the Meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. 16.02 Any Reports referred back to staff at a Standing Committee shall be included in the Committee Report with a notation that the matter was referred back to staff at the Committee Meeting. The matter will come before Council in a subsequent Committee Report on a future Council Agenda once the matter has returned to the appropriate Standing Committee Meeting. 16.03 Should a Standing Committee not provide a recommendation on a matter, or defeat a staff recommendation, the Clerk shall include the item on the Council agenda as part of the Committee Report and shall include a notation that states “No Committee Recommendation -Council Direction Required”. The original staff recommendation shall be listed for reference purposes only to aid Council in their deliberations on the matter. Council may discuss, debate, adopt, amend or defeat the original staff recommendations as it deems appropriate. 17 New and Unfinished Business 17.01 Reports of an Urgent Nature Departmental reports which are deemed by the CAO to be of an urgent nature, due to timing or public importance, and which cannot be presented through the regular Standing Committee cycle, may be listed under the New and Unfinished Business section of a Council agenda for Council’s consideration. Whenever possible, staff reports shall be presented to the appropriate Standing Committee rather than going directly to Council to provide as much notice to the public and Council as possible. 17.02 Introduction of a Motion a) If a motion by a Member of Council cannot be presented through the Notice of Motion process outlined in this By-law, a Member may, with the consent of Two-Thirds of the Members present, introduce a motion under New and Unfinished Business if the motion is of an urgent nature. Introduction of a motion without prior notice shall only be used in exceptional circumstances as it does not provide for public notice of the matter being presented and considered. - 155 - By-law XXXX/23 Page 27 b) A Member desiring to introduce a Motion must do so in writing to the Clerk in advance of the Meeting when possible. 18 Notices of Motions 18.01 A Notice of Motion is required for motions that are initiated by a Member of Council looking to introduce a new matter. 18.02 A Member desiring to give notice of a motion must do so verbally at any Meeting, at least ten (10) days prior to the Meeting at which the motion will be presented. Introduction of a notice of motion must be done under “Other Business”. 18.03 In order to be listed in the applicable Council agenda, a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 p.m. on the Tuesday prior to the Council Meeting at which the motion will be considered. In providing the motion to the Clerk, the Member shall copy the Mayor, all other Members of Council, the CAO, and Directors, for their information and awareness that the motion will be forthcoming. 18.04 The Clerk, upon receipt of a motion described in this Section, shall print the motion in full in the agenda for the Council Meeting at which the matter will be considered. 18.05 A motion printed in the agenda need not be read unless requested by a Member and shall be deemed to be in possession of the Council when stated by the Chair at the appropriate time during the Meeting. 18.06 A Notice of Motion that has been introduced but does not appear on a Council agenda within two regular Council Meetings shall not be included on any Council agenda, unless otherwise directed by Council. Should the Member wish to bring the matter forward again, notice of the motion at a future Meeting will be required in accordance with the provisions of this By-law 18.07 In drafting a motion, Members of Council shall consult with the CAO and/or appropriate City staff, to ensure that any technical information contained in the motion is accurate and actionable and that it aligns with the City’s Strategic Plan. 18.08 Despite being consulted on the technical information contained in a motion, staff do not have to agree with the merits of the motion being presented by a Member of Council. 19 By-laws 19.01 All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. - 156 - By-law XXXX/23 Page 28 19.02 Every by-law, when introduced, shall be complete except for the by-law number and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any statute. 19.03 Every by-law which has been approved by Council shall be numbered, dated, sealed with the seal of the Corporation, signed by the Mayor and the Clerk and retained by the Clerk as a permanent City record in accordance with the City’s Records Retention By-law. 20 Regional Councillor Updates A Regional Councillor may give a verbal update pertaining to matters before the Council of the Regional Municipality of Durham to inform other Members, City staff or the public. 21 Other Business 21.01 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance or interest however, such comments shall not be included in the official Meeting minutes. 21.02 Notice of Motion A Member who wishes to give notice of a motion shall do so under “Other Business”. 21.03 Substantive Information Reports A Member may move a motion requesting a substantive report from staff and such motion shall require a seconder and the approval of a Majority of the Members present at a Meeting. Such requests shall identify the appropriate Department and/or Director, the objective(s) of the report, and the Standing Committee or Council Meeting the report is to be presented at. Any Member moving a motion for a Substantive Report shall consult with the CAO to ensure that the timelines for reporting back are consistent with existing staff workplans and priorities. 22 Confirmatory By-law At the conclusion of all Regular and Special Meetings of Council, and prior to adjournment, a By-law shall be brought forward to confirm the proceedings of the Council in respect of all motions, resolutions and other actions taken at the Meeting. A Confirmatory By-law, when introduced, shall be taken as having been read and shall be voted on without debate. 23 Order of Business for Standing Committee Meetings 23.01 The Order of Business for Regular Standing Committees shall be as follows: - 157 - By-law XXXX/23 Page 29 a) Call to Order/Roll Call b) Disclosure of Interest c) Delegations d) Matters for Consideration e) Member Updates on Committees f) Other Business g) Adjournment The provisions noted in the preceding section describing the order of business on a Council Agenda shall also apply to the same sections at Standing Committee Meetings. The following provides an explanation of the additional sections contained on Standing Committee agendas. 23.02 Member Updates on Committees Members may provide updates as the Council representative for a Committee of Council. Such updates shall be limited to a verbal update, and may provide information on the Committee’s Workplan, ongoing mandate, or any other matter that is before the Committee. Any recommendations of the Committee must be presented in accordance with Policy ADM 040, Committees and Taskforces of Council, and through the applicable staff liaison for the Committee and shall not be presented during a Member’s update on a Committee. 24 Rules of Debate 24.01 No Member shall be deemed to have precedence or seniority over any other Member. 24.02 When a Member is speaking, no other Member shall interrupt that Member except to raise a point of order or privilege. 24.03 During debate, and while the Chair is speaking, or when the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way except to raise a point of order or privilege. 24.04 Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member who is speaking. Despite this provision, if a motion is printed in an agenda, there shall not be a requirement for the motion to be read aloud. 24.05 Before speaking to a matter or motion, a Member shall raise their hand and be recognized by the Chair prior to speaking to any matter and shall speak through the Chair. - 158 - By-law XXXX/23 Page 30 24.06 When two or more Members wish to speak, the Chair shall recognize the Member who, in the opinion of the Chair, first signified their intention to speak. 24.07 After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other motion be presented until, after the result of the vote has been declared. 24.08 A motion in respect of a matter which requires the exercise of a legislative power by Council which is not within its jurisdiction, shall not be in order at a Meeting of Committee or Council unless it is for purposes of requesting a higher level of government to take a specific action or make changes to policy or legislation. 24.09 Speaking to a Motion A maximum of five (5) minutes shall be allotted to each Member wishing to speak to present their position on the motion. No Member shall speak more than once to the same motion except: a) with leave of the Chair, for not more than five (5) additional minutes, in explanation of a material part of their speech which may have been interpreted incorrectly; b) with leave of the Chair, for not more than five (5) additional minutes, after all other Members so desiring have spoken; or c) in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a five (5) minute period. 24.10 Questioning the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding the above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion, but only for the purpose of obtaining information, following which the Member shall speak. 24.11 Proceedings Decided by Chair In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal of the Chair’s decision by a Member of the Committee or Council. - 159 - By-law XXXX/23 Page 31 24.12 Chair’s Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair’s decision, the decision of the Chair shall be final. 24.13 Appeal of Decision of Chair A Member may appeal any decision of the Chair. The appeal must occur immediately after the Chair states the decision. If the Member appeals the Chair’s decision, it shall be done by a duly moved and seconded motion, and Council shall decide the question without debate and the decision shall be final. The motion before Council would be “Do you support the Chair’s ruling, “Yes” or “No”. A tie vote sustains the decision of the Chair and the Chair is entitled to vote on the question. 25 Points of Order 25.01 A Member may at any time, raise a point of order to call attention to a violation of the Rules of Procedure and the Member must state the point of order to the Mayor/Chair succinctly. The Mayor/Chair shall then decide on the point of order immediately without debate and advise the Members of the decision. 25.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 26 Points of Privilege 26.01 Where a Member considers that the health, safety, rights and/or the integrity of anyone present at the Meeting has been impugned, they may at any time, raise a point of privilege. 26.02 A point of privilege shall take precedent over other matters, but the Members shall not be permitted to enter into any argument or debate. The Mayor/Chair shall decide on the point of privilege immediately and advise the Members of the decision. 26.03 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 26.04 Where the integrity of the staff or the CAO has been impugned, the Mayor/Chair may permit the CAO to make a statement to the Committee or Council. 27 Motions 27.01 Except as otherwise provided in this By-law, all motions must be duly moved and seconded before the motion can be put on the floor for consideration and before the Mayor/Chair can call the question. All motions, including amendments, shall be in writing to ensure that all Members and the public are fully aware of the motion being voted on. - 160 - By-law XXXX/23 27.02 27.03 27.04 27.05 Page 32 Direction to staff will be by motion except where the Chair, in consultation with senior City staff at the Meeting determines that a motion is not necessary. Once a motion is in the possession of the Committee or Council, the mover may withdraw the motion at any time prior to it being amended or decided and such withdrawal may be made without consent of the seconder. Motions in Order of Precedence The following motions are in order of precedence and can only be made if no motion of higher precedence is on the floor. Motions are listed in order from the bottom to the top. All motions listed below require a Majority vote of the Members present to be carried unless otherwise stated: a) Motion to Adjourn b) Motion to Recess c) Motion to Table d) Motion to Call the Question (requires 2/3 Majority) e) Motion to Defer f) Motion to Refer g) Motion to Amend h) Motion to Suspend of the Rules (requires 2/3 Majority) i) Motion to Divide j) Main Motion Motion to Adjourn a) Is not debatable or amendable; b) Is always in order except: i. when a Member is speaking or during the taking of a vote; ii. immediately following the affirmative resolution of a motion that a vote on the matter now be taken; and, iii. when a Member has already indicated to the Chair that they wish to speak on the matter. c) If carried, requires that the Meeting end immediately, regardless of the stage of proceedings; d) If not carried, a motion to adjourn shall not be made again until further proceedings have been conducted by the Committee or Council; - 161 - By-law XXXX/23 Page 33 e) If the motion is to adjourn to a specific time, and if carried, it suspends the Meeting to continue at such specific time stated. 27.06 Motion to Recess a) A motion to recess is not debatable, shall specify the length of the recess, and may only be amended with respect to the length of the recess; b) Despite the aforementioned, the Chair may also call a recess for no more than 15 minutes without requiring a motion. 27.07 Motion to Table a) A motion to table temporarily sets aside a pending motion (or a series of pending motions) to consider another matter deemed more urgent; b) Is not debatable or amendable and shall not include additional instructions; c) The matter tabled shall not be considered again until a motion has been made to lift the matter from the table; d) If a motion is not taken from the table by the next Regular Meeting of the Committee or Council, the motion dies; e) A Member shall not be allowed to speak to a motion and immediately move a tabling motion; f) A motion to table is not in order to intentionally kill a motion. 27.08 Motion to Call the Question a) A Member may request the Chair call the question by presenting a motion that the question “now be put to a vote”; b) Shall require a 2/3 Majority vote of the Members present; c) A motion to call the question is not debatable or amendable and cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put to a vote. 27.09 Motion to Defer a) A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, and shall be in order after a motion is read or stated by the Chair; b) Is debatable and amendable however debate and any amendment shall be confined to the time and place to which the matter shall be deferred; - 162 - By-law XXXX/23 Page 34 c) The deferred matter will return in the same format as originally presented, to the time and place stated in the motion to defer. 27.10 Motion to Refer a) A motion to refer a matter to a Committee, Council or City staff must include the body to which it is being referred, the purpose of the referral, and the time in which it shall be returned (if applicable); b) A motion to refer a matter is debatable and amendable however debate and any amendment shall be limited to the time and place of the referral; c) A motion to refer shall be disposed of by the Committee or Council before the original motion or any other motion pertaining to the original motion and if carried, requires that consideration of the motion cease and the Meeting proceed to the next item of business. 27.11 Motion to Amend a) shall be presented in writing whenever possible; b) shall be relevant to the main motion; c) shall not be in order if it proposes a direct negative to the main motion; d) shall be disposed of before the main motion; e) Is debatable and amendable; f) a motion to amend an amending motion shall be disposed of before the motion to amend the original main motion; g) only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original main motion. 27.12 Motion to Suspend the Rules a) Any procedure required by this By-law may be suspended by a Two- Thirds Majority vote of the Members present unless otherwise provided for in any Act; b) Shall not be used to suspend the rules pertaining to Quorum or the provisions for open Meetings; c) A motion to suspend the rules is not debatable or amendable and shall not include additional instructions; d) If a motion to suspend the rules is adopted, the Chair shall observe and enforce the Rules of Procedure as altered by the resolution. - 163 - By-law XXXX/23 Page 35 27.13 Motion to Divide A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a Majority vote of the Members present and voting. A motion to divide is not debatable or amendable and shall not included any additional instructions. For clarity, a motion to divide shall be handled as follows: a) A main motion is duly moved and seconded; b) A mover and seconder move for a “motion to divide” the main motion into separate items so that they may be voted on individually; c) The Chair calls the vote on the motion to divide, which is not debatable; d) If the motion to divide carries, the Chair will call the vote on the divided items separately and then on the balance of the main motion as applicable. 27.14 Motion to Reconsider a Previous Decision of Council a) A Member who voted on the prevailing side of a main motion may move for reconsideration of a decision of Council provided that no action has been taken on any part of the matter that cannot be undone; b) A reconsideration motion requires a Two-Thirds Majority vote of the Members present and no discussion of the original motion shall be allowed until the motion for reconsideration has carried; c) Reconsideration may be done at the same Meeting in which the matter was decided, and if the motion to reconsider carries, the reconsideration of the original resolution shall become the next order of business; d) If not done at the same Meeting in which the matter was decided, a Member may give notice of a motion for reconsideration of the matter at a subsequent Meeting. Such notice shall be given in accordance with Section 18 of this By-law. The resolution being reconsidered will be placed on the next Regular Council agenda under New and Unfinished Business. The previously adopted resolution of Council remains in force unless and until Council adopts a new resolution; e) A motion to reconsider is debatable only to the extent of the rationale for reconsidering the matter, and no debate of the matter itself shall be allowed unless the motion to reconsider carries; f) No matter shall be reconsidered more than once within 12 months; - 164 - By-law XXXX/23 Page 36 g) A notice of a written decision of the Ontario Land Tribunal (OLT) with regard to an appeal that requires Council to make a new decision, shall not be deemed a reconsideration of a Council decision in accordance with the provisions of this By-law. 27.15 Motion to Rescind a) A motion to rescind a previous resolution of Council may be moved by any Member provided that no action has been taken on the matter that cannot be undone. Notice of a motion to rescind a previous decision of Council shall be given in accordance with Section 18 of this By-law; b) A motion to rescind is debatable only to the extent of the rationale for rescinding the decision of Council; c) A motion to rescind a previous decision requires a Two-Thirds vote of the Members present and if the motion to rescind the prior decision carries, the resolution previously adopted by Council is immediately of no further force or effect; d) If it is possible to use a motion to reconsider, the motion to rescind shall not be in order. 28 Voting 28.01 Requirement to Vote All Members present and seated must vote. If a Member is present and does not vote they are deemed to have voted in the negative, except where the Member is disqualified from voting. 28.02 Vote Not Allowed A Member not in their seat when the question is called by the Chair is not entitled to vote on that question. 28.03 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 28.04 Determination of Votes The manner of determining the decision of Committee or Council on a motion shall be by the prominent show of hands. 28.05 No Secret Voting No vote may be taken by ballot or any other method of secret voting. - 165 - By-law XXXX/23 Page 37 28.06 Decorum While Calling Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat, and shall remain in their seat, until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 28.07 Disagreement with Result of Vote If a Member disagrees with the announcement of the Chair that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a Recorded Vote shall be taken. 28.08 Recorded Votes Where a vote of Committee or Council is taken for any purpose, a Member may request, immediately prior or immediately subsequent to the taking of the vote, that the vote be recorded. Each Member present, beginning with the requester of the Recorded Vote, and continuing alphabetically from that Member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. 28.09 Vote of the Chair The Chair, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions. 29 Contingencies In all contingencies not provided for in this By-law, the question shall be decided by the Chair and in making such a ruling, the decision shall be based on Robert’s Rules of Order. 30 Commencement and Administration 30.01 This by-law shall be administered by the Clerk. 30.02 The Clerk shall be authorized to make minor corrections to any By-law, Motion, Resolution, minutes or other Council document to eliminate technical or typographical errors. 30.03 By-law 7926/22 is hereby repealed. - 166 - ________________________________ ________________________________ By-law XXXX/23 Page 38 30.04 The short title of this by-law is the “Procedure By-law”. By-law passed this 23rd day of May, 2022. Kevin Ashe, Mayor Susan Cassel, City Clerk - 167 - Attachment #2 to Report CLK 06-23 The Corporation of the City of Pickering By-law XXXX/23 Being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Index 01 Definitions Page 5 02 Application of this By-law 7 03 Duties 7 Members Mayor or Chair 04 Disclosures of Pecuniary Interest 9 05 Types of Meetings 10 Inaugural Meeting Regular Council Meetings Regular Standing Committee Meetings Special Meetings of Council or a Standing Committee Education & Training Sessions Closed Meetings Statutory Public Meetings Other Committee Meetings Ad Hoc Committee Upper Tier Council Meetings – Appointment of Alternate Member 06 Notification of Meetings 17 Public Notification Emergency Notification Cancellation/Postponement of Meetings 07 Meetings 18 - 168 - By-law XXXX/23 Page 2 Place of Meetings Information pertaining to a Committee or Council Meeting Chairing of Meetings Absence of Chair Calling the Meeting to Order Quorum Clerk’s Attendance at Meetings Recording of Minutes Signs, Banners, Emblems, Flags, Cameras, and Video Recordings Access to Council Floor Petitions Change in Order of Business Consideration of Items Staff/Consultant Delegations for Staff Reports Adjournment Hour 08 Delegations 22 Delegations Delegations at a Statutory Public Meeting Delegations Requesting Action Audio Visual Equipment for Delegations Priority of Delegations Conduct of the Delegation Questions to the Delegation 09 Electronic Participation 26 10 Conduct at Meetings 27 Members of the Public Members of Committee and Council Actions When a Member’s Behaviour is Inappropriate 11 Order of Business for Council Meetings 29 12 Moment of Reflection and Indigenous Land Acknowledgement Statement 29 13 Presentations 29 14 Question Period 30 15 Correspondence 30 16 Committee Reports 31 - 169 - By-law XXXX/23 Page 3 17 New and Unfinished Business 31 Reports of an Urgent Nature Introduction of a Motion 18 Notices of Motions 32 19 By-laws 33 20 Regional Councillor Updates 33 21 Other Business 33 Other Business Notice of Motion Substantive Information Reports 22 Confirmatory By-law 34 23 Order of Business for Standing Committee Meetings 34 Order of Business for Regular Standing Committees Member Updates on Committees 24 Rules of Debate 35 Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair’s Decision Final Unless Appealed Appeal of Decision of Chair 25 Points of Order 37 26 Points of Privilege 37 27 Motions 37 Motions in Order of Precedence 38 Motion to Adjourn Motion to Recess Motion to Table Motion to Call the Question Motion to Defer - 170 - By-law XXXX/23 Page 4 Motion to Refer Motion to Amend Motion to Suspend the Rules Motion to Divide Motion to Reconsider a Previous Decision of Council Motion to Rescind 28 Voting 44 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Votes Vote of the Chair 29 Contingencies 45 30 Commencement and Administration 46 - 171 - -- - By-law XXXX/23 Page 5 01 Definitions a) “Act” means The Municipal Act, 2001, S.O. 2001, c.25, as amended; b) “Chair” means the person elected or chosen to preside over a Council, Standing Committee or other typepresiding officer at a of Meeting; c) “CAOhief Administrative Officer” means the Chief Administrative Officer of the City of Pickering; d) “Clerk” means the City Clerk of the City of Pickering; e) “Closed Meeting” means a Meeting which is not open tofor the public for reasons allowed under Section 239 of the Act attendance; f) “Committee” means Standing Committees, Ad-Hoc Committees, and Advisory Committees, Local Boards, and Taskforces which may be appointed established by Council or as required under statutefrom time to time; g) “Council” means the Council of the City of Pickering; h) “Councillor” means the city or regional elected representative of a Ward on the Council of the City of Pickering; i) “Delegation” means an address to Council or a Committee by one or more persons who are not Members of Council, City staff, orconsultants, or other individuals hired by the City; j) “Deputy Mayor” means the mMember of Council appointed to act in place of the Mayor under sSection 242 of the Act and in accordance with Policy ADM 045; k) “Inaugural Meeting” means the first Meeting of a new Council after a municipal election where the declarations of office are madetaken; l) “Immediate Family Member” means a Member’s child, parent, or spouse; l)m) “Majority” means greater than 50%for the purpose of voting, unless otherwise specified, more than half of the total number of the Members present at the vote and not prohibited from voting by statute; m)n) “Mayor” means the Head of Council for the City of Pickering; n)o) “Meeting” means any regular, special or other Meeting of Council, of a Local Board or of a Committee, where a Quorum of Members is present and the Members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the - 172 - By-law XXXX/23 Page 6 Council, Local Board or Committee in accordance with Section 238 of the Act; o)p) “Member” means a member of the Council or Committee; p)q) “Notice of Motion” means advance verbal notice, given by a Member, to Members oadvising that the motion f a matter on which Council will be brought forward at a future Meeting for considerationasked to take a position; q)r) “Pecuniary Interest” means a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50, as amended; r)s) “Presentation” means a ceremonial presentation of a tangible item or recognition to or from the City of Pickering; s) “Public Consultation Meeting” means a Meeting hosted by staff, committee or Council in order to receive input from the public regarding a specific matter; t) “Quorum” means a Majority of the Members elected to Council or the number of Members required for the legal conduct of the business of Council or a Committee; t)u) “Recorded Vote” means the making of a written record of the name and the vote of each Member who votes on a questionmatter; u)v) “Regular Meeting” means a scheduled Meeting held in accordance with the approved annual Committee & Council calendar/schedule of Meetings Schedule; v)w) “Rules of Procedure” means the rules which are set forth in this bBy- law; w)x) “Special Meeting” means a Meeting of Council or a Committee that is arranged outside of the normal Committee & Council calendar/schedule of Meetings Schedule to deal with only specific item(s) of business; x)y) “Standing Committees” means the Executive Committee or the Planning & Development Committee; and, z) “Statutory Public Information Meeting” means a Meeting that is legislated under a statute n Act and hosted by staff, a Standing Committee or Council in order to inform the members of the public about a matter. - 173 - By-law XXXX/23 Page 7 aa) “Substantive Report” means a written report, whereby staff are required to gather data/information and perform an analysis of such data/information in order to draw a conclusion and possible recommendation or action based on the analysis which is presented to the appropriate Standing Committee or Council; bb) “Supplemental Information Package (SIP)” means a compilation of information pertaining to an upcoming Meeting including but not limited to additional Delegations who registered after the publication of the agenda, written submissions from the public, PDF or PowerPoint presentations related to Delegations and any other information that Members require to aid in their decision-making at a Meeting. Supplemental Information Packages shall be compiled by the Clerk and provided by email to all Members on the business day prior to the date in which the Meeting is held. cc) “Two-Thirds” means two-thirds of the Members present at a Meeting and not disqualified from voting on a matter. The calculation shall be as follows: five of seven Members four of six Members four of five Members three of four Members 02 Application of this By-law The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and shall be the rules of order of business in Council and Committee Meetings. Where In the case for which a provision is not made in this By-law, the procedure to be followed shall be determined by the Chair in consultation with the Clerk as neededa majority vote of the Members present and voting. 03 Duties 03.01 CouncilMembers Members of Committee and Council shall come prepared to every Meeting by having read all the material supplied, including agendas, and sstaff reports, and any Supplemental Information, to facilitate discussion and the determination of action at the Meeting. Whenever possible, the Member(s) shall consult and make inquiries of staff regarding the materials supplied in advance of the Meeting in order to provide for meaningful dialogue and effective decision-making of the Committee or Council. 03.02 The Mayor or Chair shall: - 174 - By-law XXXX/23 Page 8 a) Open the Meetings by taking the chair and calling the Members to order, addressing the business before the Committee or Council, and ruling on matters of procedure. Announce the business before Council or the Committee and the order in which it is to be acted upon. b) Receive and submit, in the proper manner, all motions presented by the Members. c) Put to a vote all motions, which are moved and seconded, or necessarily arise in the course of the proceedings, and announce the result. d) Enforce the Rules of Procedure and rule upon all procedural matters. e)d) Restrain the Members, when engaged in debate, within the Rules of Procedure. f)e) Enforce on all occasions the observance of order and decorum by the Members and any other persons present in at the ChamberMeeting. g)f) Call by name, any Member persisting in the breach of the Rules of Procedure and to order them to vacate the placeChamber in which the Meeting is being held. h)g) Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. i)h) Permit questions to be asked through the Chair of any staff in order to provide Members with information to assist any debate when the Chair deems it proper and appropriate. j) Rule on any points of order or points of privilege without debate or comment. k) Rule whether a motion or proposed amendment is in order. l)i) Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then call the question. m) The Chair may speak and/or vote on any question, but if they wish to make move or second a motion, they shall first leave vacate the Chair by designating an Acting Chair to act in their place, until disposition of the item has concluded and they resume the Chair. n) - 175 - By-law XXXX/23 Page 9 o) Call for a motion to adjourn the Meeting when the business is concluded. p)j) 03.03 In accordance with Section 259(1) of the Act, the office of a Member becomes vacant if the Member is absent from the Meetings of Council for three successive months without being authorized to do so by a resolution of Council. This section does not apply to a Member who is absent for 20 consecutive weeks or less if the absence is a result of the Member’s pregnancy, the birth of the Member’s child or the adoption of a child by the Member. 03.04 A Member who takes a pregnancy or parental leave shall notify the City Clerk in writing and will continue to be compensated under the Council Compensation Policy for the duration of their leave up to 20 consecutive weeks. 04 Disclosures of Pecuniary Interest Rules 0456.01 Where a Member has a Pecuniary Interest as defined in the Municipal Conflict of Interest Act, the Member shall, prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof. The Member shall not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during, or after the Meeting to influence the voting on any such question. Members shall not request the Clerk or other Staff members to provide advice or comment on whether a Member has a Pecuniary Interest. Advice pertaining to whether a Member should declare a Pecuniary Interest shall be obtained by the Member from the City’s Integrity Commissioner or the Member’s independent lawyer. 0456.02 Where the Meeting is not open to the public, in addition to declaring the conflict, the Member shall leave the Meeting, or the part of the Meeting during which the matter is under consideration. 0456.03 Notwithstanding Section 046.02, if the matter under consideration pertains to whether to suspend the remuneration paid to the Member under Subsection 223.4(5) or (6) of the Act, the Member may take part in the discussion of the matter, including making submissions to Council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the Meeting. However, the Member is not permitted to vote on any question in respect of the matter. In the case of a Meeting that is not open to the public, the Member may attend the Meeting or part of the Meeting during which thise matter is under consideration but may not vote on the matter. 0456.04 Where a mMember is absent from a Meeting which includes a matter on which they have a Pecuniary Interest, the Member shall disclose the interest at the next Meeting attended by the Member. - 176 - By-law XXXX/23 Page 10 0456.05 The Clerk shall record any declarations of interest made by a Member in the Meeting minutes, noting the matter and the general nature of the declaration. 0456.06 Any verbal declarations made under this Section 06.01 of this By-law shall also be submitted in writing to the Clerk using the prescribed form and shall be made available in the oOffice of the City ClerkClerk through a Disclosure of Interest Registry. 05 Types of Meetings of Council 045.01 Inaugural Meeting a) The Inaugural Meeting of Council shall be held no later than the second on the first Monday after Council takes office pursuant to the Municipal Elections Act. b) The order of business for the first Meeting of Council shall be as follows: i) Call to Order/Roll Call ii) InvocationMoment of Reflection iii) Indigenous Land Acknowledgment Statement iv) Swearing in ceremonyDeclarations of Office by Members v) Inaugural address vi) Adjournment 045.02 Regular Council Meetings All Regular Meetings of the Council shall be held on the fourth Monday of each month at the hour of 7:00 p.m. unless otherwise provided by resolution of the Council. If a Council Meeting falls on a public or civic holiday, the Council shall meet at the same hour on the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of the Council. 045.03 Regular Standing Committee Meetings There shall be two Standing Committees; a Planning & Development Committee and an Executive Committee. The Standing Committees shall be, to be considered as Standing Committees of Council for the purposes of this By-law, to be organized as follows: a) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. b) The Executive Committee shall meet on the first Monday of each month at 2:00 p.m. in the Council Chambers, unless otherwise provided by resolution of the Council. If an Executive Committee Meeting falls on a public or civic holiday, the Committee shall meet at - 177 - By-law XXXX/23 Page 11 the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Office of the CAO, the Community Services Department, the Corporate Services Department, the Engineering Services Department, Finance Department, the Human Resources Department, the Fire Services Department, and the Operations Department. b)c) Aside from regularly scheduled Executive Committee Meetings, an annual Executive Committee Budget Meeting shall be included on the annual Committee & Council Meeting Schedule. Executive Committee Budget Meetings shall be chaired by the Mayor and a seconder shall not be required to move motions pertaining to the Budget deliberations. Executive Budget Meetings may be held in a meeting space other than the Council Chambers as deemed appropriate by the Clerk. c)d) The Planning & Development Committee shall meet on the first Monday of each month at 7:00 p.m. in the Council Chambers, unless otherwise provided by resolution of the Council. If a Planning & Development Committee Meeting falls on a public or civic holiday, the Committee shall meet at the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Planning & Development Committee to study and report to Council on matters under the jurisdiction of the City Development Department. 045.04 Special Meetings of Council or a Standing Committee a) In addition to Regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the Special Meeting. b) Upon written receipt of a petition of the Majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time and date mentioned noted in the petition. c) The Clerk shall give all Members notice of a Special Meeting at least twenty-four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk for delivery of Nnotices, and in default of provision of such address, to the Member’s City Hall office. d) The notice to be given shall indicate the nature of the business to be considered, as well as the Special Meeting, date, time and place of the Special Meeting. e) No business other than that indicated in the notice shall be considered at the Special Meeting. - 178 - ----- By-law XXXX/23 Page 12 e)f) Special Meetings of Committee or Council are not required to follow the Order of Business described in this By-law, and the business of a Special Meeting may be organized in a manner deemed appropriate by the Clerk. 045.05121 Education & Training Sessions a) Education & Training Sessions are held as Special Meetings of Council and may either by open or closed to the public. b) The An Education & Training Session may be held as a Closed Meeting in accordance with Section 239(3.1) of the Act, provided that no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council. c) Delegations shall not be received at an Education & Training Session as no decisions shall be made or considered. c)d) The agenda for the Education & Training Session shall stateCouncil, in deciding to convene an Education & Training Session, shall designate the general purpose or purposes for which the session Meeting is to being held as permissible under Section 239 of the Municipal Act, 2001.. d)e) Notice of the Education & Training Session shall be given in accordance with Section 07the notice provisions of this By-law. e) At the Meeting, no member shall discuss or otherwise deal with any matter in a way that materially advances the business or decision- making of the Council. f) The Clerk, or their designate, shall take notes minutes describing in general terms each subject matter dealt with at an Education & Training Session. 045.0645 Closed Meetings a) All Closed Meetings of Council closed to the public will be held immediately prior to the Rregular start time, unless otherwise provided by resolution of CouncilCouncil Meeting as an In-camera Session, or by means of a Special Meeting of Council called by the Mayor or by a written petition of the Majority of the Members of Council. Closed Meetings shall , and will only deal with the subject matter(s) that the Closed Meeting was called forCouncil is authorized to deal with in a closed session. b)05.01 a) All Meetings shall be open to the General - 179 - By-law XXXX/23 Page 13 public except where a matter meets one or more of the open meeting exceptions under Section 239(2), 239(3), and 239(3.1) of the Act. A Meeting or part of a Meeting may be closed to the public if the subject matter being considered is: a) the security of the property of the municipality or local board; b) personal matters about an identifiable individual, including municipal or local board employees; c) a proposed or pending acquisition or disposition of land by the municipality or local board; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which council, board, committee or other body may hold a closed meeting under another Act; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. c) Before holding a Meeting, or part of a Meeting that is to be closed to the public, Council or a Committee must state by resolution, the fact of the holding of the Closed Meeting and the general nature of the matter(s) to be considered. - 180 - ------ By-law XXXX/23 Page 14 05.03d) Public Information on Closed Meeting Business Before holding a Closed Meeting or part of a Meeting that is to be closed to the public, Council or a Committee must state the fact of the holding of the closed Meeting, and the general nature of the matter to be considered at the closed Meeting and, if the Closed Meeting is an educational or training session the fact that it is closed pursuant to section 239(3.1) of the Act. All information, documentation, deliberations, or decisions received, reviewed, or made at a Closed Meeting, including the detailed agenda, are confidential and must not be released to the public or any individual not entitled to be present at Closed MeetingsIf a Member of Council wishes to introduce new business at a Closed Meeting, it must be introduced in open session after roll call while Council is still in the Chambers. Two-thirds of Council must determine, by vote, whether the matter will be dealt with in closed session that evening. No debate on the issue will take place until the motion to deal with the new business has been decided. 05.03 Information - Confidential All information, documentation or deliberations received, reviewed, or taken in a Closed Meeting, including the detailed agenda, is confidential and must not be released to the public or any individual not entitled to be present at Closed Meetings. 05.04e) Distribution of Confidential Material The Clerk must will distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member’s name. Confidential materials that must be emailed to Members or staff shall be password protected and such password provided by way of a separate means of communication. 05.05f) Limits on Voting Actions at Closed Meeting No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, employees or agents of the City, or persons retained by or under contract with the City. Any votes taken in a Closed Meeting shall be by a show of hands unless a Recorded Vote is requested by a Member in accordance with this By-law. 05.06g) When a Closed Meeting has occurred, the Committee or Council shall rise to open session and the Chair shall state aloud a public report of the general nature of the subject matter considered. Whenever possible, any direction provided to staff shall be presented - 181 - By-law XXXX/23 Page 15 in a motion duly moved and seconded in the open session. Where it is not possible to report publicly on matters considered during a Closed Meeting, the Chair shall provide a general statement of what occurred during the Closed Meeting and where necessary, may take a vote to approve the confidential direction provided during the Closed MeetingFinal Decision on Item from Closed Meeting Subject to the provisions of Section 239 of the Act, a Closed Meeting agenda item that requires a final decision must be implemented by Council resolution or By-law at a future public Meeting of Council. 05.07h) Authority to Speak on Closed Meeting Matters When a decision is made by Council to relay information to the public regarding a Closed Meeting item, the Mayor or the Mayor’s delegate designate, will release the information. 05.08 Confidential Report When a Closed Meeting of Council has been held, a public report of the general nature of the subject matter discussed during the closed portion of the Meeting, shall be read aloud by the Chair when Council rises to the public portion of the Meeting. 05.098i) Enquiries regarding Closed Meetings The response of Members to inquiries about any matter dealt with by a Committee or Council or a Committee at a Closed Meeting, prior to it being reported publicly, must be “no comment”, or words to that effect. No Member is allowed toshall release or make public any information considered at a Closed Meeting, or discuss the contents of such a Meeting with anyone other than Members or staff who were present at the Closed Meeting. 05.09j) In accordance with Policy ADM 070, Code of Conduct, any violations pertaining to the disclosure of confidential information, may be investigated by the City’s Integrity Commissioner and any findings or recommended sanctions shall be reported to Council by the Integrity Commissioner in accordance with the provisions of the Code of Conduct. 05.10 Contraventions a) Any Member who contravenes section 05.07 or section 05.09 is guilty of an offence and upon conviction may be liable to a fine or penalty as provided for in the Provincial Offences Act. b) A decision to prosecute a Member under this section may only be made after Council has met to consider the matter, at which time the - 182 - By-law XXXX/23 Page 16 Member proposed to be prosecuted may be present and has the option of attending with legal counsel. The said Member has the option of requesting that the Meeting be held in public or that it be closed to the public. c) No prosecution for a contravention of section 05.07 or section 05.09 may be commenced except on the direction of Council, expressed in a resolution of Council. 05.110k) Complaints about the Appropriateness of a Closed Meeting A person may request that an investigation of whether a municipality or local board has complied with Section 239 of the Act, or thea pProcedure bBy-law, in respect to a Closed Meeting or part of a Closed Meeting, by contacting the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed a closed meeting investigator. 045.076 Statutory Public Information Meetings a) Statutory Public Meetings shall be held at the appropriate Standing Committee Meetings, as required by applicable legislationstatute, or by Council, or when considered desirable by staff. b) Appropriate advertising shall be undertaken as required by applicable legislationstatute, by-law or in accordingance withto City policy, to advise interested persons of the subject matter, date and time of the Meeting where the matter will be considered. b)c) When appropriate, Statutory Public Meetings may also be held at Special or Regular Meetings of Council. 045.078 Advisory Other Committee Meetings All Advisory Committees of Council are required to adhere to this Procedure By-law and the Committee’s general tTerms of rReference for all advisory committees, however, in accordance with Policy ADM 040, a Committee may choose to adopt simplified Procedures, subject to the approval of the Clerk. and at the first Meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to Council for approval by no later than March following a municipal election All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council; and Members of Council that serve on Advisory Committees may move, second and vote on items. - 183 - ---- ------ --- By-law XXXX/23 Page 17 045.098 Special or Ad Hoc Committee Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. Ad Hoc Committees shall be established in accordance with Policy ADM 040, Committees and Taskforces of Council, and shall be subject to all Meeting provisions contained in this By-law. When an Special or Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved. Ad Hoc Committees shall not be established for a term longer than one year. 045.109 Upper Tier Council Meetings – Appointment of Alternate Member to Upper Tier Council Council may appoint one of its Members as an Alternate Member of the Upper Tier Council to act in place of any Regional Councillor when they are unable to attend a meeting of the Upper Tier Council for any reason, subject to the following limitations: a) No more than one Alternate Member may be appointed during the term of Council; b) Notwithstanding Section 054.1009 (a), if the seat of the appointed Alternate Member becomes vacant, Council may appoint another of its Members as an Alternate Member for the remainder of the term of Council; c) Council may not appoint an alternate for the Alternate Member; and d) When acting in their capacity as an Alternate Member on the Upper Tier Council, the Alternate Member shall adhere to all policies, procedures, practices, and codes of conduct established by the Upper Tier Council. 06 Notification of Meetings 067.01 Public Notification Public notification shall be deemed to have been given by the posting of the Committee or Council or Committee agenda on the City website and available for public review in the Office of the City Clerk as follows: a) Committee Meetings – by end of day 4:00 pm on the Fridayon the Thursday,, ten (10) days prior to the Meeting date. b)Council Meetings – by end of day4:00 pm on the Friday Thursday preceding prior to the Council Meeting. c) Special Meetings – at least twenty-four (24) hours preceding the Meeting. d) Closed Meetings – at least twenty-four (24) hours preceding the Meeting. - 184 - By-law XXXX/23 Page 18 067.02 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may urgently affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as practicably possible and in the most expedient manner available. 067.03 Cancellation/Postponement of Meetings Any Meeting may be cancelled or rescheduled to a day, time, and place, set out in a written notice from the Clerk, sent to each Member at least twenty-four (24)hours before the scheduled date of the Meeting. A Meeting may be cancelled if the Clerk determines in advance that Quorum will not be achieved, there are no agenda items, or by way of a resolution of the Committee or Council as the case may be. Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the Clerk shall attempt to notify the public as soon as practicably possible and in the most expedient manner available. 07 Meetings 078.01 Place of Meetings All Regular Meetings of the Council and Standing Committees shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by resolution of Councilthe Mayor and the City ClerkClerk. 078.1102 Agendas and MinutesInformation pertaining to a Committee or Council Meeting including the Meeting agenda, reports and any Supplemental Information Packages shall be sent to all Members. The agendas, minutes and any written notices pertaining to any Standing Committee and Council Meeting shall be sent to all Members of Council. 078.023 Chairing of Meetings a) Every Council Meeting shall be chaired by the Mayor, if present; b) The Chair of the Standing Committees shall be rotated each Meeting amongst the Members of Councillors, in alphabetical order by last name. 078.08 Meeting Calling the Meetinged to Order The Chair, as soon after the hour is fixed for the holding of the Meeting of the Council, and if a Quorum is present, shall take the Chair and call the Meeting - 185 - By-law XXXX/23 Page 19 to order and shall ask the City Clerk or their designate to conduct a roll call of the Members present or absent from the Meeting. 078.1004 Absence of Chair a) Council Meetings - If the Mayor does not attend within fifteen (fifteen 15) minutes after the hour is fixed for the holding of the Meeting of the Council and if a Quorum is present, the Deputy Mayor who has been appointed to this position in accordance with Policy ADM 045, shall preside over the Meeting and have the same authority to cChair the Meeting as the Mayor would have had, if present. Should the Mayor arrive at the Meeting, the Deputy Mayor shall relinquish the Chair back to the Mayor. b) When the Mayor and Deputy Mayor are absent from a Meeting or refuse to act, the Council may by resolution appoint one of itsanother Members to act in the place and stead of the Mayor and Deputy Mayor, and such Member shall have the same authority to cChair the Meeting as the Mayor. Should the Mayor or Deputy Mayor arrive at the Meeting, the Member acting in their stead shall relinquish the Chair back to the Mayor or Deputy Mayor as the case may be. c) Standing Committee Meetings – If the Chair does not attend within fifteen (fifteen 15) minutes after the hour is fixed for the holding of the Meeting of the Committee and if a Quorum is present, the Council MemberCouncillor who is next in alphabetical order to Chair will assume the position of Chair. 07.05 Calling the Meeting to Order The Chair, as soon after the hour is fixed for the holding of the Meeting, and if a Quorum is present, shall take the Chair and call the Meeting to order and shall ask the Clerk or their designate to conduct a roll call of the Members present or absent from the Meeting. 078.096 Quorum a) If a Quorum is not present one-half hourwithin fifteen (15) minutes after the time appointed for a Meeting of the Council and/or Committee, the Clerk shall record the names of the Members present and the Meeting shall stand adjourned until the next Meeting. b) c)a) A majority of the Members elected to the Council shall constitute a quorum. 078.037 Clerk’s Attendance at Meetings - 186 - By-law XXXX/23 Page 20 The City Clerk or the Clerk’s designate, shall be present at all Meetings of Council; however, they may delegate a member of staff to act in their stead at a Standing Committee Meeting. 078.048 Recording of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be an open or cClosed Meetingto the public or not; b) The record required by the Act in respect of a Meeting, shall be made by: i) The Clerk, or the Clerk’s designate, in the case of a Meeting of Council; or ii) The appropriate City staffofficer, in the case of a Meeting of a Committee. c) Except for Recorded Votes, a record or notation of a Member’s opposition or favour on any issue will not be recorded in any Meeting minutes. 08.05 Committee Meetings - Rules of Procedure The rules of procedure set out in this By-law shall be observed in Meetings of the Committees insofar as they are applicable, provided that: a) A report, setting out the recommendations of any Committee, shall be forwarded to the first regular Council Meeting following the Meeting of the Committee. 078.0956 Prohibited – Signs, Banners, Emblems, Flags, Cameras, and Video Recordings at Meetings a) Meetings may be audio or video recorded, broadcast and/or livestreamed publicly by the City, with the exception of Closed Meetings. a) To ensure that all members of the public are comfortable participating in Meetings,: b) S signs, banners, emblems, and flags, cameras, audio and video recordings by the public are prohibited in the Chambers or any space where a Meeting is being held.except by permission of the Chair; c) Meeting attendees may record all or portions of open Meetings provided that in doing so, it is not disruptive to the Meeting or other attendees. - 187 - By-law XXXX/23 Page 21 d) Should a Meeting attendee violate these Procedures, the Chair may ask that the individual be removed from the Meeting. b) a) Notwithstanding the foregoing, the provisions of section 08.06 shall not apply to City Staff, Rogers Cable or any other media, broadcasting or webstreaming service provider permitted by Council. 078.1076 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk : a) Shall be allowed on the floor of the place a Meeting is being held while Council or a Committee is sitting; b) Material to be distributed to Council during a Meeting can only be distributed by the Clerk or the Clerk’s designate. 07.0711 Petitions Petitions presented during a Council or Committee Meeting shall be provided to the Clerk and the Clerk shall process the petition in accordance with the City’s procedures pertaining to petitions. 07101.012 Change in Order of Business All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a Majority vote of the majority of the Members present and voting. 078.123 Consideration of Items Council may consider any matter without referring it to a Committee or may refer it to a Committee or to any number of Committees, and may withdraw a matter from a Committee at any time. 07245.0214 Staff/Consultant Delegations for Staff Reports Where possible, a staff report that includes a Consultant Delegation shall be listed first under Matters for Consideration (Standing Committee Agendas) or New and Unfinished Business (Council Agendas), so that the consultant may leave the Meeting after their item has concluded to avoid additional costs to the City should there be a large volume of reports on the agenda. 078.135 Adjournment Hour/All Meetings a) All Meetings shall stand adjourned no later than the hour of 11:00 p.m. - 188 - By-law XXXX/23 Page 22 b) In the event the business before Council has not been completed at the hour of 12:00 a.m11:00 p.m., then the Committee or Council may, by a Majority vote of all the Members present, approve an extension of the Meeting to the hour of 12:00 a.m. c) Motions to continue past 11:00 p.m. are not debatable. d) At 12:00 a.m., any unfinished business shall be deferred to the next Regular Meeting of the Committee or Council, unless a resolution of Council is made to reconvene hold the Council Meeting to on another day and time prior to the next Regular Meeting of the Committee or Council. A resolution to reconvene hold the Meeting onto another day and time requires a Majority vote . If a resolution of Council to reconvene the Council Meeting to another day prior to the next regular Meeting isand if adopted, the Meeting cannot must be rescheduled not sooner than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. e) In either instance noted above, and if at a Council Meeting, a confirmatory by-law shall be adopted before the original Meeting adjourns in order to ratify the business that has already been conducted. Items deferred to another Council Meeting agenda will be confirmed through the Confirmatory By-law of that Meeting. Delegations shall not be permitted for items that are deferred to a future Meeting under this Section as they would have already had opportunity to delegate at the original Meeting. 08 Delegations 081435.01 Delegations a) Delegations are encouragedshall be directed to the appropriate to appear before the Standing Committee having charge of the matter which is the subject of the Delegation. b) Delegations that were not able to attend a Standing Committee Meeting, or that have already appeared at a Standing Committee regarding a particular matter, are permitted to delegate at Council on those matters, however, those who have already delegated at the Standing Committee may only delegate at Council have appeared at a Standing Committee regarding a particular matter are permitted to delegate at Council on the same matter only if they and wishhave additional remarks to relay additional and/or new information about the matter. about that matter at Council may do so. c) Despite clause a) above, a Delegation may delegate directly to Council if the matter in which they are delegating did not first appear at a - 189 - By-law XXXX/23 Page 23 Standing Committee or if the Clerk determines that the matter is of an urgent nature and cannot wait for the next applicable Standing Committee Meeting. c)d) All in-person Delegations, for items listed on an agenda, shall register in writing with the City ClerkClerk by 12:00 noon on the day of the Meeting date. d)e) All electronic Delegations, for item listed on an agenda, shall register in writing with the City ClerkClerk by 12:00 noon on the business day prior to the Meeting date. e)f) All Delegations for items not listed on an agenda shall register ten (ten (10)) days prior to the Meeting date. f)g) Delegations that have not registered in writing by the timelines noted above shall only be heard if permitted by a Two-Thirds Majority vote of Members present at the Meeting. g)h) Members of the public may also submit written comments in addition to, or in lieu of, a verbal Delegation, by noon on the business day prior to the Meeting and such written comments shall be provided to all Members of Council prior to the Meeting through the Supplemental Information Package.. i) A Delegation appearing before Council or Committee for items not listed on an agenda shall not be placed on an Agenda to discuss the same matter within six (six (6)) months of the last appearance by the same delegate, unless otherwise approved by Council. j) Delegations shall not be permitted to speak before a Committee or Council for the sole purpose of generating publicity for an event, a product or a service. k) Delegations shall not be permitted to speak to matters which have been referred to staff for a report until the matter is before a Standing Committee or Council. l) Delegations shall not be permitted to speak to matters which are not within Council’s jurisdiction. m) Delegations shall not be permitted to speak to matters which have been decided upon by Council unless the matter is before Council for reconsideration. n) Delegations will not be permitted for deferred items except for those who did not delegate on the matter when it originally appeared before the Committee or Council prior to it being deferred. - 190 - --- By-law XXXX/23 Page 24 o) on aDelegations shall not be permitted to speak to a report provided by the City’s Integrity Commissioner. h)p) A maximum of five (10 5) minutes shall be allotted for each Delegation to present his/her/their position at a Meeting. i)q) A Delegation will not be permitted to take any unused time allocated to another Delegation. j)r) Should there be one or more individuals that register to speak as a group, the group shall be allotted five (5) minutes to delegate. s) The 5 minute Delegation speaking limit may be extended by two (2) additional minutes if approved by a motion duly moved and seconded and carried by a Majority vote of the Members present. k)t) Delegations are encouraged not to repeat information presented by an earlier Delegation at the same Meeting. 0813.02 Delegation Time Limit a) . . 1435.032 Delegations at a Statutory Public Information Meeting Delegations for Statutory Public Information Meetings, who are participating electronically in accordance with Section 09 of this By-law, must register with the City ClerkClerk by noon the business day prior to the Meeting. Delegations appearing in person for Statutory Public Meetings are encouraged to register with the City ClerkClerk by noon on the day of the Meeting. Delegations will be permitted from the gallery without prior registration only during the Statutory Public Information Meeting portion of a Meeting held under the provisions of the required statutePlanning Act, but shall be heard after all Delegations, either electronically or in-person, who have pre- registered with the City ClerkClerk by the applicable deadlines outlined in this By-law. 081435.043 Delegations Requesting Action Delegations which appear at a Meeting and request that action be taken by the Council shall, if required by a Majority of the Members present at the Meeting, be referred to City staff for a report that shall be dealt with at a future Meeting. The direction to refer such a matter to City staff shall include the Committee or Council Meeting that the matter shall be presented at of Council. 081435.054 Audio Visual Equipment for Delegations - 191 - By-law XXXX/23 Page 25 The City’s audio visual equipment may be used to assist in presentations by Delegations, provided that permission has been obtained for use of such equipment from the City ClerkClerk. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the Meeting at which the Delegation is to appear. 081435.065 Priority of Delegations Delegations shall be listed on the agenda in the order in which the Clerk received the requests. For Statutory Public Information Meetings, where more than one person wishes to make a Delegation on a particular matter, the proponent or their authorized representative, will be listed last in order to afford the proponent the opportunity of making a Delegation after all other interested persons have done so. 081435.076 Conduct of the Delegation a) The Chair may curtail impose restrictions on any Delegation and any questions to a Delegation for disorder or any other breach of this bBy- law and, if the Chair rules that the Delegation is concluded, the person or persons appearing shall end the Delegation. b) Delegations shall not: i) ii) iii) iv) v) speak disrespectfully of any person; use offensive words; speak on any subject other than the subject for which they have received approval to address Committee or Council; disobey a decision of the Chair, or the Committee or Council; debate with other Delegations, City staff, Council Members or the Chair. 081435.087 Questions to the Delegation a) Upon the completion of a Delegation to Committee or Council, any discussion between Members and the Delegation shall be limited to Members asking questions for clarification and/or obtaining additional, relevant information only. b) All questions to a Delegation from Members shall be stated succinctly. Members shall not question a Delegation for the purpose of expanding the scope of the Delegation’s remarks or for adding the Member’s own statements through the Delegation. Delegations are an opportunity for Delegates, not Members, to make their views known. For example, qQuestions from Members such as “are you aware”, “do you agree” or “wouldn’t you say” shall not be permitted as they do not seek clarification or additional relevant information. Members shall not enter into debate with Delegations. Questions to - 192 - By-law XXXX/23 Page 26 the Delegation shall be presented in a courteous and non- argumentative manner. c) Once a motion has been moved and seconded, no further representation from or questions of the Delegation shall be permitted. 09 Electronic Participation 0989.01 A Member of Council may participate electronically in a Meeting that is either open or closed to the public should they be unable to participate in person for reasons pertaining to a medical condition or illness (pertains to either the Member or reasonsthe Member’s Immediate Family Member), illness, City business, or in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies. A Member of Council participating electronically , and in doing so may shall be counted in determining whether or not a Quorum of mMembers is present at any point in time and shall have all the rights of any other Member who is participating in person. 0989.02 A Member of a local board, task force, or an advisory or ad-hoc committee, may participate electronically in a Meeting that is either open or closed to the public and in doing so may be counted in determining whether or not a Quorum of mMembers is present at any point in time and shall have all the rights of any other Member who is participating in person. 0989.03 The Clerk may provide for electronic participation of staff at any Meeting, including the Clerk. The Clerk may also provide for electronic participation for consultants or anyone who has been hired by the City to provide services or expertise on a particular matter or project. Such electronic participation is not limited to an audio connection and consultants may be provided with a link to appear by videoon screen during an electronic Meeting. 0989.04 Notwithstanding the provisions of Section 09.01, the Clerk may provide for electronic participation for all Members of Council should the appropriate meeting space containing the required technology (including the necessary components to operate the livestreaming of the proceedings) not be available for any reason, in order to comply with the open Meeting rules under the Act. 0989.05 Electronic Meetings are those held by means of telecommunication instruments including but not limited to telephones, video conferencing, computers with internet access and conferencing platforms and software programs. The means used to facilitate an electronic Meeting shall be determined by the Clerk. 0989.06 A Member must provide sufficient notice to the Clerk, their designate, or the Staff Liaison of a Committee, of their intent to participate electronically in a Meeting to ensure the proper technology is enabled to make electronic participation possible. The Member must give at least 48 hours’ notice of their - 193 - By-law XXXX/23 Page 27 intent to join the Meeting electronically unless extraordinary circumstances apply. 0989.07 A member of the public may delegate via electronic participation through the use of a video connection into the electronic meeting platform, and the City ClerkClerk shall arrange for such Delegations. Delegations connected through video shall not be permitted to activate their camera or microphone unless invited by the Chair to do so. A member of the public delegating electronically shall abide by all of the Meeting decorum provisions of this By-law. The Clerk may require any Delegation to participate electronically in the event of any situation (including a pandemic) in which physical distancing, limited gatherings or quarantine measures are required by local, Provincial or Federal public health agencies, or for the reasons outlined in Section 09.04. 0989.08 Where a member of the public requests to participate electronically, it is the delegate’s responsibility to ensure they have the appropriate technology to connect to the Meeting. Where technical issues arise in connecting a Delegate into a Meeting, it shall in no way affect the validity of the Meeting or any action taken at the Meeting. In lieu of a successful electronic connection, members of the public may submit written comments to the Clerk which shall be distributed to all Members of Council after the Meeting. 0989.089 If the live stream stops working during a Meeting that involves electronic participation (full or hybrid), the Meeting shall recess for 15 minutes while the live streaming issues are resolved. If the issues cannot be resolved during the 15 minute recess, then the Meeting will be adjourned until the live stream is restored. 0989.10 Subject to these provisions for electronic participation, all other provisions of the Procedure By-law continue to apply and the Chair shall determine and maintain order of the Meeting as needed. 10 Conduct at Meetings 11009.01 Members of the Public The Chair will ensure that members of the Ppublic shall beare respectful of Council, staff, Delegations and all attendees at the Meeting by not heckling, speaking disruptively while debate is in progress, making comments or applauding. All communication devices shall be set to silent during a Meeting, with the exception of assistive listening devices or other provisions required by persons with disabilities. - 194 - By-law XXXX/23 Page 28 11090.02 Members of Council Members of Committee and Council shall: a) act in accordance with their declared OathDeclaration of Office and the provisions of this By-law; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings;. d) not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; e) not use offensive words or unparliamentarily language in or against Council or against any Member; f) not speak on any subject other than the motion being debated; g) not criticize any decision of Council except for the purpose of moving a motion to reconsider a previous decision of Council; g)h) refrain from engaging in private conversations while in a Meeting and from using communication devices in a disruptive manner; h)i) inform the Clerk of their absence prior to any Meeting in which they will be absent. 11009.03 Actions When a Member’s Behaviour is Inappropriate The Chair may Call the Member to Order and take one or more of the following actions: a) decide that there was no breach of the rule; b) ask the Member in breach of the rules to stop the behaviour; c) ask the Member to withdraw what was said; or d) ask the Member to apologize. 11009.04 If previous attempts to call the Member to order have failed, the Chair may refrain from decide, not to recognizinge the Member, for the balance of theat - 195 - --- ----- By-law XXXX/23 Page 29 Meeting, in which case the Member shall not be permitted to speak or vote for the remainder of theat Meeting. 11 Order of Business for Council Meetings 1101.01 The Order of Business for the Regular Meetings of Council shall be as follows: a)Meeting Called Toto Order/Roll Call b) InvocationMoment of Reflection c) Indigenous Land Acknowledgment Statement d) Disclosures of Interest e) Adoption of Minutes f) Presentations f)g) Question Period g)h) Delegations h)i) Correspondence i)j) Committee Reports j)k) New and Unfinished Business k)l) Motions and Notices of Motion l)m) By-laws n) Confidential Council m)o) Regional Councillor Updates n)p) Other Business o)q) Confirmation Confirmatory By-law p)r) Adjournment 12 Moment of Reflection and Indigenous Land Acknowledgement Statement At the Inaugural and all Regular Meetings of Council, the Mayor or Chair shall pause for a silent moment of reflection and after such moment has passed, shall read out the Indigenous Land Acknowledgment Statement. 1213 Presentations 12.01 Presentations a) Charities, organizations or individuals wishing to address Council to inform Members of special events or achievements, to seek Council’s recognition of an event or achievement or to make a presentation to Council shall request the opportunity to be granted Presentation status. b) It shall be the duty of the Mayor to make Presentations and to accept Presentations, on behalf of Council, at Meetings of Council. Where a Presentation is made or accepted from an organization on which a Member of Council has been appointed to sit, the Presentation shall be jointly made or accepted with the appointed Member of Council. Where otherwise appropriate, Presentations may be made or accepted - 196 - By-law XXXX/23 Page 30 jointly with another Member or Members of Council at the discretion of the Mayor. c) The request for Presentation status shall be submitted to the Clerk, in writing, no later than 14 days preceding the Meeting at which the Presentation is to be made. 14 Question Period a) An opportunity will be provided for any member of the public who is physically in attendance at the Meeting, to ask the Mayor a question pertaining to any matter appearing on the Council agenda. b) All questions will be answered by the Mayor, unless in the Mayor’s opinion the answer could be better provided by another Member of Council or City staff. c) The Question Period shall be limited to a total of 20 minutes unless extended by the Mayor/Chair. d) The dialogue that takes place during the Question Period shall not be included in the formal Meeting minutes, and there shall be a general statement in the minutes under the Question Period header that states “A general question and answer period ensued”. Should a member of the public wish to understand what questions and answers were provided, they may view the meeting video posted on the City’s website. 1315 Correspondence 1546.01 Correspondence received in the Clerk’s Office for distribution to Council shall be provided through a weekly Council Information Index (CII). The Clerk shall prepare the CII and it shall be delivered to Members of Council every Friday afternoon by email and shall be copied to the CAO, Directors, and any other staff as determined by the Clerk. 156.02 Members of Council may pull any item from the CII and make a request in writing to the Clerk to place the item on the next regular Council Meeting agenda under Correspondence. The Member must identify the correspondence number and specific subject matter in their request to the Clerk, and shall copy all Members of Council, the Mayor, and the CAO on such requests. The Member shall also provide the accompanying recommendation relating to the disposition of the correspondence and such recommendation shall be included in the Council Meeting agenda with the item for Council’s consideration and disposition as it deems appropriate. 156.03 Correspondence shall be presented at Council Meetings only and All correspondence intended to be presented to Council through the Council agenda shall be legibly written or printed, shall not contain any impertinent or - 197 - By-law XXXX/23 Page 31 improper matter or language and, shall be signed by at least one person and shall be filed with the Clerk by no later than 12:00 noon on the Wednesday Tuesday before the Council Meeting in which it will be considered of Council. 156.04 14.023 The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda.In addition to correspondence requested by a Member of Council, from time to time, the Clerk shall include correspondence memos from staff pertaining but not limited to, annual work plans and updates from Committees through the designated staff liaison, appointments of Members of Council to various Committees in accordance with Policy ADM 045, and correspondence from the Ombudsman or the City’s Integrity Commissioner. Any proposed recommendations relating to these pieces of correspondence shall be at the discretion of the Clerk and will be included on the Council agenda for Council’s consideration and disposition as it deems appropriate. Any correspondence from the Ombudsman or Integrity Commissioner will be provided in the weekly Council Information Index so that Members are aware of and have opportunity to read the correspondence prior to it being printed in a Council agenda. 1416 Committee Reports 1657.01 Standing Committee reports that are to be adopted by Council shall be forwarded to the first regular Council Meeting following the Meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. 167.02 Any Reports referred back to staff at a Standing Committee shall be included in the Committee Report with a notation that the matter was referred back to staff at the Committee Meeting. The matter will come before Council in a subsequent Committee Report on a future Council Agenda once the matter has returned to the appropriate Standing Committee Meeting. 167.03 Should a Standing Committee not provide a recommendation on a matter, or defeat a staff recommendation, the Clerk shall include the item on the Council agenda as part of the Committee Report and shall include a notation that states “No Committee Recommendation -Council Direction Required”. The original staff recommendation shall be listed for reference purposes only to aid Council in their deliberations on the matter. Council may discuss, debate, adopt, amend or defeat the original staff recommendations as it deems appropriate. 1517 New and Unfinished Business 1786.01 Reports of an Urgent Nature Departmental reports which are deemed by the Chief Administrative OfficerCAO to be of an urgent nature, due to timing or public importance, and which cannot be presented through the regular Standing Committee cycle, - 198 - --- By-law XXXX/23 Page 32 have not been considered by a Standing Committee shall may be listed under the New and Unfinished Business section of a Council the agenda for Council’s consideration. Whenever possible, staff reports shall be presented to the appropriate Standing Committee rather than going directly to Council to provide as much notice to the public and Council as possible. 1768.02 Introduction of a Motion a) If a motion by a Member of Council cannot be presented through the Notice of Motion process outlined in this By-law, aA Member may, with the consent of Two-Thirds of the Members present, introduce a motion under New and Unfinished Business if the motion is of an urgent nature.cannot, due to its urgent nature, be properly presented at a Meeting in accordance with Section 17 of this By-law Introduction of a motion without prior notice shall only be used in exceptional circumstances as it does not provide for public notice of the matter being presented and considered. b) A Member desiring to introduce a main Motion must do so in writing to the Clerk in advance of the Meeting when possible. 1618 Notices of Motions 1879.01 A Notice of Motion is required for motions that are initiated by a Member of Council looking to introduce a new matter. 189.02 A Member desiring to give introduce a notice of a motion must do so verbally in writing at any Meeting, at least ten (10) days prior to the Meeting at which the motion will be dealt presentedwith. Introduction of a notices of motion must be done under as “Other Business”. 1879.023 In order to be listed in the applicable Council agenda, a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 p.m. on the Wednesday Tuesday prior to the Council Meeting at which the motion will be dealt withconsidered. In providing the motion to the Clerk, the Member shall copy the Mayor, all other Members of Council, the CAO, and Directors, for their information and awareness that the motion will be forthcoming. 1879.034 The Clerk, upon receipt of a motion described in in accordance with this Section, shall print the motion in full in the agenda for the Council Meeting at which the matter will be consideredit is to be dealt with. 1879.045 A motion printed in the agenda need not be read unless requested by a Member and shall be deemed to be in possession of the Council when stated by the Chair at the appropriate time during the Meeting. 1897.056 A Notice of Motion that has been introduced but does not appear on the a Council agenda within two regular Council Meetings shall not be included on - 199 - By-law XXXX/23 Page 33 any Council agendabe removed from the list of upcoming agenda items, unless otherwise directed by Council. Should the Member wish to bring the matter forward again, notice of the motion at a future Meeting will be required in accordance with the provisions of this By-law. 189.07 In drafting a motion, Members of Council shall consult with the CAO and/or appropriate City staff, to ensure that any technical information contained in the motion is accurate and actionable and that it aligns with the City’s Strategic Plan. 189.08 Despite being consulted on the technical information contained in a motion, staff do not have to agree with the merits of the motion being presented by a Member of Council. 1719 By-laws 191820.01 All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. 191820.02 Every by-law, when introduced, shall be in typewritten form, shall be complete except for the by-law date and number and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Actstatute. 191820.03 Every by-law which has been passed approved by the Council shall be numbered, dated, sealed with the seal of the Corporation, signed by the Mayor and the Clerk and deposited retained by the Clerk as a permanent City record in accordance with the City’s Records Retention By-lawin their office for safekeeping. 20 Regional Councillor Updates A Regional Councillor may give a verbal update pertaining to matters before the Council of the Regional Municipality of Durham to inform other Members, City staff or the public. 1821 Other Business 19211.01 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance or interest however, such comments shall not be included in the official Meeting minutes. 19211.02 Notice of Motion - 200 - ------------ By-law XXXX/23 Page 34 A Member who wishes to give notice of a motion to be brought forward for future Council consideration shall do so under “Other Business”. 19211.03 Substantive Information Reports All Members’ may move a motion requesting requests fora substantive information or reports from staff and such motion shall require a seconder and the approval of a Majority of the Members present at a Meeting. Such requests shall identify the appropriate Department and/or Director, and the objective(s) of the report, and the Standing Committee or Council Meeting the report is to be presented at. Any Member moving a motion for a Substantive Report shall consult with the CAO to ensure that the timelines for reporting back are consistent with existing staff workplans and priorities. 1922 Confirmatory By-law 20.01 At the conclusion of all Regular and Special Meetings of Council, and prior to adjournment, a By-law shall be brought forward to confirm the proceedings actions of the Council in respect of all motions, resolutions and other actions taken subsequent to the last Regular Councilat the Meeting. A Confirmatory By-law, when introduced, shall be taken as having been read and shall be voted on without debate. 20 Adjournment 21.01 The Council may adjourn upon a motion approved by the Majority of Members present. 23 Order of Business for Standing Committee Meetings 2345.01 The Order of Business for Regular Standing Committees shall be as follows: a) Call to Order/Roll Call b) Disclosure of Interest c) Delegations d) Matters for Consideration e) Member Updates on Committees f) Other Business g) Adjournment The provisions noted in the preceding section describing the order of business on a Council Agenda shall also apply to the same sections at Standing Committee Meetings. The following provides an explanation of the additional sections contained on Standing Committee agendas. 2345.032 Member Updates on Committees - 201 - By-law XXXX/23 Page 35 Members may provide updates as the Council representative for a Committee of Council. Such updates shall be limited to a verbal update, and may provide information on the Committee’s Workplan, ongoing mandate, or any other matter that is before the Committee. Any recommendations of the Committee must be presented in accordance with Policy ADM 040, Committees and Taskforces of Council, and through the applicable staff liaison for the Committee and shall not be presented during a Member’s update on a Committee. 2124 Rules of Debate 24526.01 No Member shall be deemed to have precedence or seniority over any other Member. 24526.02 When a Member is speaking, no other Member shall interrupt that Member except to raise a point of order or privilege. Chair Reads Motion Aloud To begin debate, the Chair reads the motion aloud. 24526.03 Decorum During Debate During debate, and while the Chair is speaking, or when the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way except to raise a point of order or privilege. 24526.04 Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member while who is speaking. Despite this provision, if a motion is printed in an agenda, there shall not be a requirement for the motion to be read aloud. 24526.05 Recognition of MemberBefore speaking to a matter or motion, a Member shall raise their hand and be recognized by the Chair prior to speaking to any matter and shall speak through the Chair.Every Member shall raise their hand and be recognized by the Chair prior to speaking to any matter or motion. 24526.06 Order of SpeakersWhen two or more Members raise their handswish to speak, the Chair shall recognize designate the Member who, in the opinion of the Chair, has the floor who shall be the Member who, in the opinion of the Chair, raised first signified their hand firstintention to speak. 2456.07 After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other motion be presented until, after the result of the vote has been declared. 2456.08 A motion in respect of a matter which requires the exercise of a legislative power by Council which is not within its jurisdiction, shall not be in order at a Meeting of Committee or Council unless it is for purposes of requesting a higher level of government to take a specific action or make changes to policy or legislation. - 202 - By-law XXXX/23 Page 36 24526.09 Speaking to a Motion A maximum of five (10 5) minutes shall be allotted to each Member wishing to speak to present their position on the motion. No Member shall speak more than once to the same motion except: a) with leave of the Chair, for not more than five (5) additional minutes, in explanation of a material part of their speech which may have been interpreted incorrectly; b) with leave of the Chair, for not more than five (5) additional minutes, after all other Members so desiring have spoken; or c) in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a five (5) minute period. 22654.107 Questioning the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding the above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion, but only for the purpose of obtaining information, following which the Member shall speak. 22654.0811 Proceedings Decided by Chair In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal of the Chair’s decision by a Member ofto the Committee or Council on a point of order. 22654.0912 Chair’s Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair’s decision, the decision of the Chair shall be final. 22654.103 Appeal of Decision of Chair A Member may appeal any decision of the Chair. The appeal must occur immediately after the Chair states the decision. If the Member appeals the Chair’s decisionto Council, it shall be done by a duly moved and seconded motion, and Council shall decide the question without debate and the decision shall be final. The question motion beforeto Council would be “Do you support - 203 - By-law XXXX/23 Page 37 the Chair’s ruling, “Yes” or “No”. A tie vote sustains the decision of the Chair and the Chair is entitled to vote on the question. 25 Points of Order 257.01 A Member may at any time, raise a point of order to call attention to a violation of the Rules of Procedure and the Member must state the point of order to the Mayor/Chair succinctly. The Mayor/Chair shall then decide on the point of order immediately without debate and advise the Members of the decision. 257.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 26 Points of Privilege 268.01 Where a Member considers that the health, safety, rights and/or the integrity of anyone present at the Meeting has been impugned, they may at any time, raise a point of privilege. 268.02 A point of privilege shall take precedent over other matters, but the Members shall not be permitted to enter into any argument or debate. The Mayor/Chair shall decide on the point of privilege immediately and advise the Members of the decision. 268.03 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 268.04 Where the integrity of the staff or the CAO has been impugned, the Mayor/Chair may permit the CAO to make a statement to the Committee or Council. 2627 Common Motions 2739.01 SecondingExcept as otherwise provided in this By-law, all motions must be duly moved and seconded before the motion can be put on the floor for consideration and before the Mayor/Chair can call the question. All motions, including amendments, shall be in writing to ensure that all Members and the public are fully aware of the motion being voted on. A motion must be formally seconded before the Chair can put the question or for it to be recorded in the Minutes. 2739.02 Direction to staff will be by motion except where the Chair, in consultation with senior City staff at the Meeting determines that a motion is not necessary. Withdrawal 2927.03 Once a motion is in the possession of the Committee or Council, the mover may withdraw the motion at any time prior to it being amended or decided and - 204 - By-law XXXX/23 Page 38 such withdrawal may be made without consent of the seconder.The mover and seconder may withdraw a motion or a notice of motion at any time prior to it being read and, in such event, the motion shall not be included in the minutes of the Meeting. After a motion has been read or stated by the Chair, it shall be deemed to be in possession of Council, but may, with the permission of Council, be withdrawn at any time before decision or amendment. 2739.034 Motions in Order of PrecedencePriority of Disposition The following A motions are in order of precedence and can only be made if no motion of higher precedence is on the floor. Motions are listed in order from the bottom to the top. All motions listed below require a Majority vote of the Members present to be carried unless otherwise stated:, properly before the Committee or Council for decision, must be disposed of before any other motion or matter can be introduced, with the exception of any one of the following: a) b) c) d) c) d) e) f) g) g) h) i) h)j) i) j) Motion to Adjourn a point of order or personal privilege Motion to Recesstable Motion to Table Motion to Call the Question (requires 2/3 Majority) to divide that the question be now put Motion to to referDefer Motion to to dRefer to amend Motion to Amendsuspend any section of the Rules of Procedure Motion to Suspend of the Rules (requires 2/3 Majority) Motion to Divide Main Motion to recess to adjourn. - 205 - ----- By-law XXXX/23 Page 39 23.04 Questions of Privilege and Points of Order The Chair shall preserve order and decide points of order and questions of privilege. When a Member has a point of order or question of privilege, it shall be considered and decided immediately. The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the matter. If leave is granted by the Chair, the Member must state their point to the Chair as succinctly as possible and await the decision of the Chair. Once the Chair has made a decision the business of Council shall resume at the point where it was suspended. 2739.055 Motion to Adjourn a) Is not debatable or amendable; b) Is always in order except: i. when a Member is speaking or during the taking of a vote; ii. immediately following the affirmative resolution of a motion that a vote on the matter now be taken; and, iii. when a Member has already indicated to the Chair that they wish to speak on the matter. c) If carried, requires that the Meeting end immediately, regardless of the stage of proceedings; d) If not carried, a motion to adjourn shall not be made again until further proceedings have been conducted by the Committee or Council; e) If the motion is to adjourn to a specific time, and if carried, it suspends the Meeting to continue at such specific time stated. 279.06 Motion to Recess a) A motion to recess is not debatable, shall specify the length of the recess, and may only be amended with respect to the length of the recess; b) Despite the aforementioned, the Chair may also call a recess for no more than 15 minutes without requiring a motion. 279.07 Motion to Table a) A motion to table temporarily sets aside a pending motion (or a series of pending motions) to consider another matter deemed more urgent; - 206 - 23.06 By-law XXXX/23 Page 40 b) Is not debatable or amendable and shall not include additional instructions; c) The matter tabled shall not be considered again until a motion has been made to lift the matter from the table; d) . A Member shall not be allowed to speak to a motion and immediately move a tabling motion. If a motion is not taken from the table by the next Regular Meeting of the Committee or Council, the motion dies; e) A Member shall not be allowed to speak to a motion and immediately move a tabling motion; a)f)A motion to table is not in order to intentionally kill a motion. 279.08 Motion to Call the Question a) A Member may request the Chair call the question by presenting a motion that the question “now be put to a vote”; b) Shall require a 2/3 Majority vote of the Members present; c) A motion to call the question is not debatable or amendable and cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put to a vote. 2739.089 Motion to Postpone to a Certain Time/Deferral Motion a) A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, if applicable, and shall be in order after a motion is read or stated by the Chair; b) Is and debatable and amendable however debate and any amendment shall be confined to the time and place to which the matter shall be deferred; c) .The deferred matter will return in the same format as originally presented, to the time and place stated in the motion to defer. 2739.107 Motion to Referral Motion a) A motion to refer a matter to a Committee, Council or City staff must include the body to which it is being referred, the purpose of the referral, and the time in which it shall be returned (if applicable); - 207 - By-law XXXX/23 Page 41 b) A motion to refer a matter motion or matter to a Committee or to City staff with instructions is debatable and amendable however debate and any amendment shall be limited to the time and place of the referral; a)c) A motion to refer but, sshall be disposed of by the Committee or Council before the original motion or any other motion pertaining to the original motion and if carried, requires that consideration of the motion cease and the Meeting proceed to the next item of business. A member who moves a motion to refer shall also include in the motion: The name of the committee, body or official to whom the motion or amendment is to be referred; The terms upon which it is to be referred; and The date or period, if any, within which the matter is to be returned. 2739.0911 Motion to Amendments a) A motion to amend: a) i) shall be presented in writing whenever possible if requested by the Chair; a) b) c) d) shall be relevant to the original main motion; shall be disposed of by Council before the original motion; and shall not be received in order if it proposes a direct negative to the original main motion;. c) e) d) e) f) f) g) h)g) shall be disposed of by Council before the originalmain motion; Is debatable and amendable; a motion to amend an amending motion a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original main motion; only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original main motion.; 279.12 23.10 Motion to Suspend the Rules a) Any procedure required by this By-law may be suspended by a Two-Thirds Majority vote of the Members present unless otherwise provided for in any Act; b) Shall not be used to suspend the rules pertaining to Quorum or the provisions for open Meetings; - 208 - By-law XXXX/23 Page 42 c) A motion to suspend the rules is not debatable or amendable and shall not include additional instructions; a)d) If a motion to suspend the rules is adopted, the Chair shall observe and enforce the Rules of Procedure as altered by the resolution. 23279..1113 Motion to Divide AA motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a Majority vote of the Members present and voting. A motion to divide is not debatable or amendable and shall not included any additional instructions. For clarity, a motion to divide shall be handled as follows: a) A main motion is duly moved and seconded; b) A mover and seconder move for a “motion to divide” the main motion into separate items so that they may be voted on individually; c) The Chair calls the vote on the motion to divide, which is not debatable; d) If the motion to divide carries, the Chair will call the vote on the divided items separately and then on the balance of the main motion as applicable. 279.14 Motion to Reconsider ation Previous Decision of Council a) After a matter has been decided, and if no action on the decided matter has been taken that cannot be undone, anyA Member who voted on the prevailing side in the majority of a main motion may move for reconsideration of a decision of Council provided that no action has been taken on any part of the matter that cannot be undone; b) A reconsideration motion requires a Two-Thirds Majority vote of the Members present and no discussion of the original motion shall be allowed until the motion for reconsideration has carried; c) Reconsideration may be done at the same Meeting in which the matter was decided, and if the motion to reconsider carries, the reconsideration of the original resolution shall become the next order of business; d) If not done at the same Meeting in which the matter was decided, aor Member may give notice of a motion for reconsideration of the matter at a subsequent Meeting. Such notice shall be given in accordance with Section 189 of this By-law. The resolution being reconsidered will be placed on the next Regular Council agenda under New and Unfinished Business. The previously adopted resolution of Council remains in force unless and until Council adopts a new resolution;A reconsideration - 209 - By-law XXXX/23 Page 43 motion requires a two-thirds vote of the Members present. No discussion of the original motion shall be allowed until the motion for reconsideration has carried. e) A motion to reconsider is debatable only to the extent of the rationale for reconsidering the matter, and no debate of the matter itself shall be allowed unless the motion to reconsider carries; f) No matter shall be reconsidered more than once within 12 months; a)g) A notice of a written decision of the Ontario Land Tribunal (OLT) with regard to an appeal that requires Council to make a new decision, shall not be deemed a reconsideration of a Council decision in accordance with the provisions of this By-law. 2739.125 Motion to Rescind a) A motion to rescind a previous resolution of Council may be moved by any Member provided that no action has been taken on the matter that cannot be undone. Notice of a motion to rescind a previous decision of Council shall be given requires a majority vote of the Council at a Council Meeting provided that notice hin accordance with Section 189 of this By-law; b) A motion to rescind is debatable only to the extent of the rationale for rescinding the decision of Council; c) A motion to rescind a previous decision requires a Two-Thirds vote of the Members present and if the motion to rescind the prior decision carries, the resolution previously adopted by Council is immediately of no further force or effectas been given at the previous Meeting or in the call of the Meeting and if notice has not been given, a motion to rescind requires a two-thirds vote of the Members present and voting.; a)d) If it is possible to use a motion to reconsider, the motion to rescind shall not be in order. 23.13 Question Stated Immediately preceding a vote, the Chair may state the motion in the form introduced and shall do so if requested by a Member. The motion shall be stated in the precise form in which it will be recorded in the Minutes. 27 23.14 No Interruption After Question 28 29 After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other motion be presented until, after the vote and the result has been declared. 30 - 210 - By-law XXXX/23 Page 44 3128 Voting 243028.01 Requirement to Vote All Members present and seated must vote. If a Member is present and does not vote they are deemed to have voted in the negative, except where the Member is disqualified from voting. 243028.02 Vote Not Allowed A Member not in their seat when the question is called by the Chair is not entitlednot entitled to vote on that question. 243028.03 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 243028.04 Determination of Votes The manner of determining the decision of Committee or Council on a motion shall be by the prominent show of hands. 243028.05 No Secret Voting No vote may be taken by ballot or any other method of secret voting. 243028.06 Decorum While Calling Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat, and shall remain in their seat, until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 243028.07 Disagreement with Result of Vote If a Member disagrees with the announcement of the Chair that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a Recorded Vote shall be taken. 243028.08 Recorded Votes of Council Where a vote of Committee or Council is taken for any purpose, a Member may request, immediately prior or immediately subsequent to the taking of the vote, that the vote be recorded. Each Member present, beginning with the requester of the Recorded Vote, and continuing alphabetically from that Member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote - 211 - By-law XXXX/23 Page 45 openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. 243028.09 Vote of the Chair The Chair, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions. 32 24.10 Vote on the Question 33 34 A motion that a vote on the question be now taken: 35 a. cannot be amended or debated; 36 37 a. cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put; a. when resolved in the affirmative, shall be followed immediately by the original motion which shall be put forward without debate or amendment; 38 39 a. can only be moved in the following words: "That the question be now put" or "Call the question"; and a. requires a two-thirds vote of the Members present. 40 4129 Contingencies 25.01 In all contingencies not provided for in this By-law, the question shall be decided by the Chair and in making such a ruling, the decision shall be based on Robert’s Rules of Order. 22 Suspension of Rules 26.01 Any procedure required by this By-law may be suspended with consent of not less than two-thirds of the Members present. 23 Two-Thirds Vote 27.01 A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative: five of seven Members four of six Members four of five Members three of four Members - 212 - By-law XXXX/23 Page 46 4230 Commencement and Administration 28302.01 This by-law shall be administered by the City ClerkClerk. 28302.02 The City ClerkClerk shall be authorized to make minor corrections to any By-law, Motion, Resolution, minutes or other Council document to eliminate technical or typographical errors. 28302.03 By-law 7665/18, By-law 7678/19, By-law 7685/19, By-law 7749/20, By-law 7753/20, By-law 7771/20, and By-law 7781/207926/22 is are hereby repealed. 28.302.04 The short title of this by-law is the “Procedure By-law”. By-law passed this 23rd day of May, 2022. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 213 - Report to Executive Committee Report Number: CS 16-23 Date: June 5, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Community Association Lease Agreements -Tennis Clubs -File: A-1440-001 Recommendation: 1.That the Mayor and City Clerk be authorized to execute the Lease Agreement with Amberlea Tennis Club set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 2.That the Mayor and City Clerk be authorized to execute the Lease Agreement with Dunmoore Tennis Club set out in Attachment 2 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 3.That the Mayor and City Clerk be authorized to execute the Lease Agreement with Glendale Tennis Club set out in Attachment 3 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 4.That the Mayor and City Clerk be authorized to execute the Lease Agreement with Rosebank Tennis Club set out in Attachment 4 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 5.That the Mayor and City Clerk be authorized to execute the Lease Agreement with Maple Ridge Tennis Club set out in Attachment 5 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; 6.That the Mayor and City Clerk be authorized to execute the Lease Agreement with Sandy Beach Tennis Club set out in Attachment 6 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and 7.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. - 214 - CS 16-23 June 5, 2023 Subject: Community Association Lease Agreements – Tennis Clubs Page 2 Executive Summary: On April 22, 2014, Council approved Resolution #224/14 authorizing staff to prepare written facility agreements with various community associations regarding exclusive and/or regular use of City-owned facilities; with each such agreement to be brought back to Council for consideration and approval. As such, staff have prepared five-year lease agreements with Amberlea Tennis Club for their exclusive use of the two tennis courts, practice area and a storage facility at Shadybrook Park; Dunmoore Tennis Club for their exclusive use of the four tennis courts, practice area and a storage room within the washroom facility at Dunmoore Park; Glendale Tennis Club for their exclusive use of the four tennis courts, patio area, practice area, storage facility, kitchenette and access walkways to the courts within David Farr Memorial Park; Rosebank Tennis Club for their exclusive use of the two tennis courts at Rick Hull Memorial Park; Maple Ridge Tennis Club for their exclusive use of the two tennis courts and storage facility at Maple Ridge Park; and, Sandy Beach Tennis Club for their exclusive use of the four tennis courts and storage facility at Bay Ridges Kinsmen Park. The Community Services Department recommends that each of the existing Lease Agreements included as Attachments 1, 2, 3 and 4 be renewed for a five-year term beginning July 1, 2023 and ending June 30, 2028, and that each of the new Lease Agreements included as Attachments 5 and 6 be initiated for a five-year term beginning July 1, 2023 and ending June 30, 2028. Financial Implications: The City of Pickering is responsible to fund the general operating costs (such as utilities, garbage removal and grounds maintenance) of the courts within these City parks which are reflected annually within the Operations Department’s Current Budget (cost centre 10320). The City is also responsible for the capital costs to resurface or reconstruct these municipally owned tennis courts which vary year-to-year depending on need. Each of the aforementioned Tennis Clubs are responsible to fund the day-to-day costs to operate the Club, which includes program/office supplies, administrative and insurance costs. The Clubs are also responsible to supply, maintain, repair and/or replace furniture, including netting and shade structures, appliances and equipment at its expense, in order to operate its activities. The Club shall pay annual charges for hydro use to the City for each of the tennis courts on site as per the City’s General Municipal Fees By-law. Discussion: Amberlea, Dunmoore, Glendale, Maple Ridge, Rosebank and Sandy Beach Tennis Clubs offer a wide variety of leagues, events, lessons and community outreach programs for adults and juniors at all skill levels. Recently, these tennis clubs have dedicated significant time and effort into developing youth tennis programing. Amberlea, Dunmoore, Glendale and Rosebank Tennis Clubs have an existing five-year lease agreement with the City and have operated their Clubs in a manner that has satisfied the City during the term of their agreements. To date, Maple Ridge and Sandy Beach tennis clubs have operated their activities under a verbal agreement with the City of Pickering. During the past several years, these two Clubs have operated in a diligent and conscientious manner that has satisfied the City. - 215 - CS 16-23 June 5, 2023 Subject: Community Association Lease Agreements – Tennis Clubs Page 3 The City of Pickering offers two tennis courts that are available to the general public at no cost which are located at Village East Park and Claremont Park. Amberlea, Dunmoore, Glendale, Rosebank, Maple Ridge and Sandy Beach Tennis Clubs are very active community-based clubs with significant existing memberships and as such would not be recommended for consideration as being returned to the City for free public play. As per Council Resolution #224/14, City staff have prepared four renewal lease agreements in order to continue our relationship with Amberlea, Dunmoore, Glendale and Rosebank Tennis Clubs. City staff have also prepared two written lease agreements to document the longstanding verbal agreements with Maple Ridge and Sandy Beach Tennis Clubs. As per the terms and conditions of the attached written agreements, the Tennis Clubs shall use the premises for non-profit, community and charity based events or non-commercial receptions of the Clubs, at their costs. The Tennis Clubs will also maintain insurance in the amount of two million dollars, naming the City as an additional insured. The City is responsible for all day-to- day operating expenses of the respective parks including garbage removal and regular maintenance. The City is also responsible for the capital replacement costs of the perimeter fencing, lighting and the courts surfacing. The Community Services Department recommends that each of the existing Lease Agreements included as Attachments 1, 2, 3 and 4 be renewed for a five-year term beginning July 1, 2023 and ending June 30, 2028, and that each of the new Lease Agreements included as Attachments 5 and 6 be initiated for a five-year term beginning July 1, 2023 and ending June 30, 2028. Attachments: 1. Draft Lease Agreement with Amberlea Tennis Club 2. Draft Lease Agreement with Dunmoore Tennis Club 3. Draft Lease Agreement with Glendale Tennis Club 4. Draft Lease Agreement with Rosebank Tennis Club 5. Draft Lease Agreement with Maple Ridge Tennis Club 6. Draft Lease Agreement with Sandy Beach Tennis Club Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Suzanne Moore Supervisor, Community Services Administration Sarah Douglas-Murray Director, Community Services SDM:sm - 216 - CS 16-23 June 5, 2023 Subject: Community Association Lease Agreements – Tennis Clubs Page 4 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 217 - Attachment #1 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Amberlea Tennis Club (the "Club") Article I Interpretation Definitions 1.In this Lease, (a)"Commencement Date" means July 1, 2023; (b)"Lease" means this lease as it may be amended from time to time; (c)"Premises" means that portion of the two tennis courts (three tennis courts once the expansion is complete), practice area, storage bunkers, within Shadybrook Park therein as shown on Schedule “A” attached hereto, located at 1905 Shadybrook Drive, in the City of Pickering, Regional Municipality of Durham; (d)"Rent" means the rent payable pursuant to Section 19; and (e)"Term" means the term of this Lease as set out in Section 15. Headings 2.The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. - 218 - 2 Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The Club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City or other users of Shadybrook Park. - 219 - 3 City Use of Premises 10. Subject to section 8, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by December 1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. 17. The Club may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 18. If the Club remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Club shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. - 220 - 4 Article IV Rent Rent 19. The Club shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 20. The Club shall pay annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law. Gross Lease 21. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 22. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 23. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies and cleaning equipment related to the courts and any associated building under their exclusive use. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. - 221 - 5 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the gate lock and shall ensure that the gate is properly locked at the end of each day during the tennis season. The Club will ensure that any key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. - 222 - 6 Insurance Risks 32. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Club has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 35. In addition to all other remedies the City may have under this Lease and in law, if the Club is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Club shall be responsible for all such costs. - 223 - 7 Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 40. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. - 224 - 8 42. Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. Third Court Expansion 44. Once construction of the third court expansion at Shadybrook Park is complete, Amberlea Tennis Cub will engage with the pickleball players to develop a shared schedule for pickleball and tennis (for the third court) that would include a minimum of 50 percent of court time available for pickleball and the remainder of court time available for tennis. The court times for each sport must be spread across daytime/evening and weekday/weekend use to ensure equal representation for each group of users and will be subject to written approval by the Director of Community Services. CHDRC Indoor Court Use 45. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 46. Schedules “A” attached hereto form part of this Agreement. - 225 - ________________________________ ________________________________ ________________________________ _______________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Amberlea Tennis Club Henrik Villumsen, President Luckson Zireva, Secretary - 226 - SC H E D U L E "A " SH A D Y B R O O O K PA R K P- 0 1 4 - 227 - - 228 - Attachment #2 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Dunmoore Tennis Club (the "Club") Article I Interpretation Definitions 1.In this Lease, (a)"Commencement Date" means July 1, 2023; (b)"Lease" means this lease as it may be amended from time to time; (c)"Premises" means that portion of the four tennis courts, within Dunmoore Park therein as shown on Schedule “A” attached hereto, located at 680 Callahan Street, in the City of Pickering, Regional Municipality of Durham; (d)"Rent" means the rent payable pursuant to Section 18; and (e)"Term" means the term of this Lease as set out in Section 15. Headings 2.The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. - 229 - 2 Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The club acknowledges its right to use the washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City or other users of Dunmoore Park. - 230 - 3 City Use of Premises 10. Subject to section 9, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by November1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by November 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 17. If the Club remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Club shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. - 231 - 4 Article IV Rent Rent 18. The Club shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 19. The Club shall annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law . Gross Lease 20. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 22. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment related to the courts and any associated building under their exclusive use. 23. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, plumbing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the - 232 - 5 expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the security of the Premises. The Club will ensure that a key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and abuse insurance. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. - 233 - 6 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 32. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 35. In addition to all other remedies the City may have under this Lease and in law, if the Club is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or - 234 - 7 such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Club shall be responsible for all such costs. Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. - 235 - 8 Compliance with Laws 40. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 42. Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. CHDRC Indoor Court Use 44. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 45. Schedules “A” attached hereto form part of this Agreement. - 236 - ________________________________ ________________________________ ________________________________ ________________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Dunmoore Tennis Club Craig Rowsell, President Debbie Woods, Secretary - 237 - DU N M O O R E P A R K P - 0 2 5 - 238 - Attachment #3 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Glendale Tennis Club (the "Club") Article I Interpretation Definitions 1.In this Lease, (a)"Commencement Date" means July 1, 2023; (b)"Lease" means this lease as it may be amended from time to time; (c)"Premises" means that portion of the four tennis courts, patio area, practice area, storage facility, kitchenette and access walkways to the courts within David Farr Memorial Park therein as shown on Schedule “A” attached hereto, located at 1150 Glenanna Road, in the City of Pickering, Regional Municipality of Durham; (d)"Rent" means the rent payable pursuant to Section 20; and (e)"Term" means the term of this Lease as set out in Section 17. Headings 2.The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. Schedule 3.Schedule “B” (City’s Alcohol Management Policy) and Schedule “C” (City’s Conditions of Agreement) are incorporated into and form part of this Lease. Severability 4.All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 5.Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. - 239 - 2 Governing Law 6. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 7. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 8. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The Club acknowledges its right to use the washrooms facilities is non-exclusive. Club Use of Premises 9. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. 10. The Club’s use of the Premises shall be in accordance with the City’s Alcohol Management Policy (Schedule “B”) and Conditions of Agreement (Schedule “C”). Nuisance 11. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City or other users of David Farr Memorial Park. City Use of Premises 12. Subject to section 9, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 13. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 14. The Club may not grant licences to us e the Premises. 15. The Club s hall submit their annual financial statement to the City by November1st of each year. 16. The Club shall submit a list of the Club Board of Directors and their contact information to the City by November 1st of each year. - 240 - 3 Article III Term Term 17. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 18. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 19. If the Club remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Club shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. Article IV Rent Rent 20. The Club shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 21. The Club shall pay annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law. Gross Lease 22. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 23. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 24. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment related to the courts and any associated building under their exclusive use. 25. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 26. The Club shall maintain at its expense the shade structure that is over the spectator bleachers and area between the courts. 27. The City, or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, plumbing, - 241 - 4 any building associated with use of the courts, lighting and the court surface life cycle replacement. 28. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 29. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 30. The Club shall be responsible for the security of the Premises. The Club will ensure that a key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 31. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 32. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, and abuse insurance. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 33. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 34. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 35. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the - 242 - 5 Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 36. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 37. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 38. In addition to all other remedies the City may have under this Lease and in law, if the Club is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Club shall be responsible for all such costs. Waiver 39. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 40. The City shall permit the Club to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. - 243 - 6 Right of Entry 41. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 42. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 43. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 44. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 45. Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 46. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. CHDRC Indoor Court Use 47. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 48. Schedule “A” attached hereto form part of this Agreement. - 244 - ________________________________ ________________________________ ________________________________ ________________________________ 7 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Glendale Tennis Club Pascal Arpin, President Anzalene Rayman, Membership Coord - 245 - - 246 - Attachment #4 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Rosebank Tennis Club (the "Club") Article I Interpretation Definitions 1.In this Lease, (a)"Commencement Date" means July 1, 2023; (b)"Lease" means this lease as it may be amended from time to time; (c)"Premises" means that portion of the two tennis courts, on Durham District School Board Property abutting Rick Hull Memorial Park therein as shown on Schedule “A” attached hereto, located at 575 Rosebank Road, in the City of Pickering, Regional Municipality of Durham; (d)"Rent" means the rent payable pursuant to Section 18; and (e)"Term" means the term of this Lease as set out in Section 15. Headings 2.The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. - 247 - 2 Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. Club Use of Premises 8. The Premises shall be used only for non-profit tennis activities, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City or other users of Rick Hull Memorial Park. - 248 - 3 City Use of Premises 10. Subject to section 9, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by November 1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by November 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 17. If the Club remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Club shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. - 249 - 4 Article IV Rent Rent 18. The Club shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 19. The club shall pay annual charges to the City for the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to the City’s Approved User Fee By-law. Gross Lease 20. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 21. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 22. The Club shall provide general, routine maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning equipment related to the tennis courts and any associated building under their exclusive use. 23. The Club, at its sole expense shall provide the court nets and any wind screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the - 250 - 5 expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the secured access to the Premises. The Club will ensure that a key or combination to any lock are provided to the City for maintenance and inspection access. The City staff will be responsible for locking the gate after accessing the courts for maintenance and/or inspection. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent operators of similar premises for the carrying on of similar businesses, but in any event in an am ount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the C ity by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. - 251 - 6 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 32. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 35. In addition to all other remedies the City may have under this Lease and in law, if the Club is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or - 252 - 7 such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Club shall be responsible for all such costs. Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 40. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the - 253 - 8 use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 42. Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. CHDRC Indoor Court Use 44. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 45. Schedules “A” attached hereto form part of this Agreement. - 254 - ________________________________ ________________________________ ________________________________ ________________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Rosebank Tennis Club Catalin Codita, President Sofica Mocanu, Secretary - 255 - PA R K IN F O . RI C K HU L L ME M O R I A L PA R K P- 0 0 7 - 256 - Attachment #5 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Maple Ridge Tennis Club (the "Club") Article I Interpretation Definitions 1.In this Lease, (a)"Commencement Date" means July 1, 2023; (b)"Lease" means this lease as it may be amended from time to time; (c)"Premises" means that portion of the two tennis courts and storage bunkers, within Maple Ridge Park therein as shown on Schedule “A” attached hereto, located at 2050 Bushmill Street, in the City of Pickering, Regional Municipality of Durham; (d)"Rent" means the rent payable pursuant to Section 19; and (e)"Term" means the term of this Lease as set out in Section 15. Headings 2.The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. - 257 - 2 Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City or other users of Maple Ridge Park. - 258 - 3 City Use of Premises 10. Subject to section 8, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by December 1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. 17. The Club may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 18. If the Club remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Club shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. - 259 - 4 Article IV Rent Rent 19. The Club shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 20. The club shall pay annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law. Gross Lease 21. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 22. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 23. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies and cleaning equipment related to the courts and any associated building under their exclusive use. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. - 260 - 5 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the gate lock and shall ensure that the gate is properly locked at the end of each day during the tennis season. The Club will ensure that any key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. - 261 - 6 Insurance Risks 32. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 35. In addition to all other remedies the City may have under this Lease and in law, if the Club is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Club shall be responsible for all such costs. - 262 - 7 Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 40. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. - 263 - 8 42. Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. CHDRC Indoor Court Use 44. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 45. Schedules “A” attached hereto form part of this Agreement. - 264 - ________________________________ ________________________________ ________________________________ _______________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Maple Ridge Tennis Club James Unger, President Mike Lalonde, Treasurer - 265 - ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!! ! ! ! ! ! !!!!! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! Soccer Pitch - Senior Tennis Court Baseball Diamond - Junior Playground Structure - Senior LI V E R P O O L R O A D BUSHMILL STREET WH E A T S H E A F L A N E Maple Ridge Park SCALE: Engineering Services Department Schedule A Lease Agreement Maple Ridge ParkApr. 18, 2023 DATE: q 1:1,338 - 266 - Attachment #6 to Report CS 16-23 Lease Agreement This Lease is made as of the 1st day of July, 2023. Between: The Corporation of the City of Pickering (the "City") -and - Sandy Beach Tennis Club (the "Club") Article I Interpretation Definitions 1.In this Lease, (a)"Commencement Date" means July 1, 2023; (b)"Lease" means this lease as it may be amended from time to time; (c)"Premises" means that portion of the four tennis courts and storage bunkers, within Bay Ridges Kinsmen Park therein as shown on Schedule “A” attached hereto, located at 705 Sandy Beach Road, in the City of Pickering, Regional Municipality of Durham; (d)"Rent" means the rent payable pursuant to Section 19; and (e)"Term" means the term of this Lease as set out in Section 15. Headings 2.The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. - 267 - 2 Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Article II Grant and Use Grant 7. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term. The Club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive. Club Use of Premises 8. The Premises shall be used only for non-profit tennis club, at its expense and for no other purpose without the prior written consent of the City. Nuisance 9. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City or other users of Maple Ridge Park. - 268 - 3 City Use of Premises 10. Subject to section 8, the City shall have right of first refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 11. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 12. The Club may not grant licences to us e the Premises. 13. The Club s hall submit their annual financial statement to the City by December 1st of each year. 14. The Club shall submit a list of the Club Board of Directors and their contact information to the City by December 1st of each year. Article III Term Term 15. The term of this Lease shall be five (5) years from the Commencement Date to June 30, 2028. 16. The City may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. 17. The Club may terminate this Lease at any time for any reason provided it has given the Club six (6) months prior notice in writing. Overholding 18. If the Club remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Club shall be deemed to be occupying the Premises from month to month upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. - 269 - 4 Article IV Rent Rent 19. The Club shall pay to the City as rent for the entire Term in lawful money of Canada the sum of One (1) Dollar ($1.00) Utilities 20. The Club shall pay annual charges to the City for each of the tennis courts on site for hydro use. This amount shall be paid on or before April 1 in each year of the term. Annual charges are subject to The General Municipal Fees By-law. Gross Lease 21. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. Article V Maintenance, Repairs and Alterations Maintenance of Premises 22. The Club shall maintain and operate the Premises so that they shall always be of good appearance, safe and suitable for the proper operation of the Premises. 23. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies and cleaning equipment related to the courts and any associated building under their exclusive use. The Club, at its sole expense shall provide the court nets and any shade screening. This would include installation, removal and storage each year. 24. The City or its designate, shall be responsible for all day-to-day operating expenses including garbage removal, bleachers, benches, fencing, any building associated with use of the courts, lighting and the court surface life cycle replacement. 25. The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City’s reasonable administration charge necessitated by such negligence or misuse. - 270 - 5 26. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 27. The Club shall be responsible for the gate lock and shall ensure that the gate is properly locked at the end of each day during the tennis season. The Club will ensure that any key or combination to any lock are provided to the City for maintenance and inspection access. Alterations/Improvements to Premises 28. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. Article VI Insurance and Indemnity Club's Insurance 29. The Club, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and, (b) commercial general liability insurance pertaining to the Club's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 30. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 31. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. - 271 - 6 Insurance Risks 32. The Club shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 33. Each of the City and the Club shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Club, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. Article VII Remedies on Default City's Right to Re-Enter 34. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15)days after the Club has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 35. In addition to all other remedies the City may have under this Lease and in law, if the Club is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Club (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Club shall be responsible for all such costs. - 272 - 7 Waiver 36. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. Article VIII Miscellaneous Quiet Enjoyment 37. The City shall permit the Club to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Club is not in default. Right of Entry 38. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours or in an emergency for the purpose of inspecting and or maintaining the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 39. The Club may only erect signs on the Premises with the City’s prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 40. The Club, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 41. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. - 273 - 8 42. Any notice required to be given by the Club to the City under this Lease shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 43. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. CHDRC Indoor Court Use 44. Should the Club require the use of the indoor tennis court(s) at the Chestnut Hill Developments Recreation Complex for league play, tryouts and/or weather- related reasons and the use can be accommodated; the Club will be charged for their usage as per the current approved fees & charges. Schedules 45. Schedules “A” attached hereto form part of this Agreement. - 274 - ________________________________ ________________________________ ________________________________ _______________________________ 9 In Witness Whereof the parties have executed this Lease. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk Sandy Beach Tennis Club Dave Ochotta, President Bruce, Briard, Treasurer - 275 - ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! Soccer Pitch - Senior Tennis Court Baseball Diamond - SeniorSoccer Pitch - Junior Washroom Shelter Swing Set Playground Structure - Senior SA N D Y B E A C H R O A D LU B L I N A V E N U E WILLOWSIDE COURT Kr o s n o C r e e k Bayridges Kinsmen Park Alex Robertson Park Parkham Parkette SCALE: Engineering Services Department Schedule A Lease Agreement Bay Ridges Kinsmen ParkApr. 18, 2023 DATE: q 1:2,943 - 276 - Report to Executive Committee Report Number: CS 17-23 Date: June 5, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Summer Community Events -Request to Permit Esplanade Park -File: A-1440-001 Recommendation: 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Jennifer O'Connell, MP Pickering-Uxbridge, on Friday, July 21, 2023 for the purpose of hosting a free movie in the park to the general public, subject to terms and conditions satisfactory to the Director, Community Services and the Chief Administrative Officer; 2. That Council authorize staff to issue a park permit for the use of Esplanade Park by Ontario Culture Days for the Dohl Music and Dance Performance on Sunday, September 17, 2023 as rehearsal date, and Sunday, September 24, 2023 for the purpose of providing a free music and dance performance in the park to the general public, subject to terms and conditions satisfactory to the Director, Community Services and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: The Community Festivals and Events Policy CUL 070 (the “Policy”) outlines the criteria, guidelines and processes by which requests to host private and/or public events in City Parks are received and considered for approval. Prospective applicants are supported by the community events staff team and the Community Festivals & Events Manual which provides key information, timelines and required documentation to apply for events in City parks. Identified in the Policy are Signature Parks which consists of Esplanade Park, Millennium Square, Alex Robertson Park and Bruce Hanscombe Park. As per Section 05.02 (b), the permitting of Esplanade Park for public events is subject to the approval of Council. A number of 2023 Community Events were approved to take place in Esplanade Park by Council on January 30, 2023 through Report CS 01-23 (Resolution #51/23). At this time, two additional event requests have been received. Jennifer O’Connell, MP Pickering-Uxbridge, would like to host a free movie night on Friday July 21, 2023 and Ontario Culture Days would like to offer a free Dohl Music and Dance Performance on Sunday, September 17, 2023 (rehearsal date) and Sunday, September 24, 2023 (final performance). - 277 - CS 17-23 June 5, 2023 Subject: Summer Community Events Page 2 Therefore, the purpose of this report is to seek Council’s authorization that staff permit the use of Esplanade Park for public events proposed to take place at Esplanade Park in 2023 as outlined in this report. Financial Implications: There are no financial implications for the City with the proposed events. The organizers are responsible to coordinate and operate all aspects of their events including: • Marketing; • Event organization and operation; • Setup and cleanup according to the terms and conditions set out by the City of Pickering; • All costs associated with application fees including park permit fees, table rentals, garbage/recycling receptacles, etc. (as per the Summary of Fees and Charges Schedule); and, • Costs associated with paid duty police officers and/or contracted security guards as required by the City. Discussion: Partner Events Applicant Proposed Dates 2023 (includes event setup, operation and cleanup) 1. Movie in the Park MP Jennifer O’Connell’s Office Friday, July 21, 2023 2. Dohl Music and Dance Performance Ontario Culture Days Sunday, September 17, 2023 (rehearsal date) Sunday September 24, 2023 (final performance) City of Pickering staff from applicable departments support the events, in principle, subject to various event/festival requirements being met by the applicant during the event planning process. The requirements include but is not limited to the following: • proof of liability insurance • rentals of event equipment and supplies • Durham Health Community Special Events Form for Event Coordinators/Organizers • locates completed for all staked equipment • rental of all required portable restroom and hand-washing stations (if applicable) • submission of site plan and emergency response plan • adherence to the City’s Emergency Weather Standard Operating Procedure - 278 - CS 17-23 June 5, 2023 Subject: Summer Community Events Page 3 • hiring of site security and police officers to monitor event operations (if applicable) • operation within applicable public health guidelines Event Details/Description • Jennifer O’Connell, MP Pickering-Uxbridge, would like to give back to the community by hosting a free movie night this summer. As such, Jennifer O’Connell, MP Pickering- Uxbridge, has requested to permit Esplanade Park on Friday, July 21, 2023. MP Jennifer O’Connell is also requesting the use of electrical, garbage and recycling units and facility restrooms at City Hall. The event will begin at 6:00 pm and finish at 10:00 pm. • Ontario Culture Days hosts a province wide festival each autumn (September 22 – October 15, 2023). As part of the Festival programming, Ontario Culture Days offers a program “Creatives in Residence”. Mushtari Afroz is a Pickering based performer who was selected for the program to put on a free performance of Dohl drum music and dancers in the Esplanade Park. Use of Esplanade Park has been requested for Sunday, September 17, 2023 as rehearsal date, and Sunday, September 24, 2023 for the purpose of providing a music and dance performance in the park to the general public. Timing of the rehearsal and performance is still to be confirmed, however would fall within daytime hours. Attachments: 1. Site Map Diagram Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Krystal Roberts (Acting) Supervisor, Cultural Services Sarah Douglas-Murray Director, Community Services SDM:kr - 279 - CS 17-23 June 5, 2023 Subject: Summer Community Events Page 4 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 280 - Attachment #1 to Report CS 17-23 Esplanade North Esplanade South Library City Hall Va l l e y F a r m R o a d Courtyard Parking Lot Audience WelcomeTent (Popcorn) Projector Garbage/Recycling Notes: -Washrooms in City Hall Open - Security Guard booked until 10:30 pm - Bells Turned off - Electrical checked prior to event - Grass mowed - Garbages emptied prior to event Site Map - Movie Night You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) - 281 - Report to Executive Committee Report Number: CS 18-23 Date: June 5, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: West Shore Skate Spot -Commission of Public Art (Community Mural) -File: A-1440-001 Recommendation: 1. That Council endorse that the commission of public art for West Shore Community Centre Skate Spot be awarded to fatspatrol (Fathima Mohiuddin) & Mural Routes in the amount of $31,979.00 (HST included); 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $28,798.00 by a transfer from the Public Art Reserve as provided for in the 2023 Current Budget; 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between fatspatrol (Fathima Mohiuddin) & Mural Routes and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The newly installed Skate Spot in the West Shore Neighborhood provides a public site for a community mural. The artwork will be located at the West Shore Community Centre Skate Spot, 1011-1015 Bayly Street, Pickering. With the approval of the 2023 Current Budget, Council endorsed the funding to carry out the design and installation of a new Public Art Mural on the hardscape of Pickering’s West Shore Skate Spot. This public art piece is intended to be created and executed with the help of the community (West Shore Neighborhood Association, local youth and the City’s Programming team), reflective of the neighborhood and the recreational activities that take place in this location. The public art will be created with spray paint and applied directly to the surface of the existing hardscaped Skate Spot. Due to the expected use of the Skate Spot, and based on lifespan of similar public art works, this public art work is expected to last between five to ten years before maintenance or replacement is required. The Public Art Policy (CUL 130), outlines the criteria, processes and guidelines by which public art is procured by staff at the City of Pickering. The Purchasing Policy (PUR 010) outlines the - 282 - CS 18-23 June 5, 2023 Subject: West Shore Skate Spot – Purchase of Public Art Page 2 criteria, processes and guidelines for the procurement of goods and services for the City of Pickering. Section 09.10 of the Purchasing Policy states that “Public Art Project purchases or Public Art projects with costs that exceed $25,000 are subject to Council approval”. Therefore, the purpose of this Report is to seek Council endorsement to proceed with the commission of temporary public art for the West Shore Community Centre Skate Spot at a cost of $31,979.00 (HST included). Financial Implications: The Public Art Project is reflected in the approved 2023 Culture & Recreation – Admin (10200) Current Budget in the amount of $35,000.00. The project cost is to be funded from the public art reserve in the amount of $35,000.00 and includes the cost of the artwork, signage, communications, and an unveiling event. 1. Estimated Project Costing Summary Artist Quotation Total Project Cost HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs $28,300.00 $28,300.00 3,679.00 $31,979.00 (3,181.00) $28,798.00 2. Approved Source of Funds Approved Code Source of Funds Budget Funds Required 502520.10200.9710 Public Reserve Fund $35,000.00 $28,798.00 Project Cost under (over) approved funds by $6,202.00 The remaining funds of $6,202.00 will be used for signage, communications and an unveiling event. Discussion: The City developed a Skateboard Park Strategy in 2017 as a supplement to its Recreation and Parks Master Plan. The strategy helped determine existing and future needs for skateboard park facilities as well as potential locations. Of the households surveyed as part of the strategy engagement, 8% had a family member that skateboarded in the past year, which equates to over 2,500 residents in Pickering who skateboard. The results indicated that one community size skateboard park and five smaller skateboard facilities called “skate spots”, would be required to adequately service the residents of Pickering. Currently, Pickering has one community sized skateboard park, located in Diana, - 283 - CS 18-23 June 5, 2023 Subject: West Shore Skate Spot – Purchase of Public Art Page 3 Princess of Wales Park, and one skate spot in West Shore. Skateboard parks provide an inexpensive recreational outlet for the youth of our community as well for the like-minded children and adults. The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. As per Section 08.01 of the CUL 130 Public Art Policy (the Policy), an Open Call was selected as the method of acquisition. A two-stage process was implemented in which Stage 1 pre- qualified a short list of three artists. The three selected artists were invited to participate in Phase 2, in which, they submitted a revised portfolio including scope of work and budget breakdown that was scored by the Public Art Jury to select the final artist. The Open Call was issued on April 6, 2023 (Attachment 2). The Open Call was advertised through the City of Pickering website as well as Akimbo, PineRidge Arts Council (PRAC) newsletter, OCAD University’s Talent Network and through paid social media ads (Facebook and Instagram). Thirty-six artists from around the world (Canada, USA and Dubai) responded to the Open Call. Applications were pre-qualified by Community Services staff to identify a short-list based on artistic excellence and demonstrated or perceived ability to create and execute an engaging community-based mural that is complementary to the overall design scheme and community context; narrowing the potential candidates down to the Top 3. As per Section 07.02 of the Policy, a Public Art Jury must be established for each acquisition of $25,000 and over in value. The Public Art Jury is to be organized on a case by case and project by project basis. The Public Art Jury evaluates the artist proposals in accordance with the Artist Evaluation Criteria in Section 07.03 and Selection Considerations of the Policy. A Public Art Jury was convened on May 9, 2023 to judge the submissions based on criteria established in the Public Art Policy. The Cultural Advisory Committee met on April 18, 2023 to review and endorse the Top 3 short list that proceeded to Phase 2. The Top 3 artists were provided with the Terms of Reference (Attachment 3) to further tailor their submission and presentation for Phase 2. The Phase 2 proposals were received on May 5, 2023. Each artist presented their concept to the Public Art Jury on May 9, 2023. The jury reviewed the judging criteria outlined in Attachment 2 (Open Call), scored each proposal and ranked the top three finalists following the artist’s presentations. Based on the ranking, fatspatrol (Fathima Mohiuddin) & Mural Routes were recommended as the Artists to be awarded the commission of public art at West Shore Community Centre Skate Spot for Phase 2 of the project. The Public Art Jury recommendation was endorsed by the Public Art Committee on May 11, 2023 and by the Cultural Advisory Committee on May 16, 2023. The Artist application including scope of work and budget breakdown is set out in Attachment 4 (West Shore Skate Sport Artist Submission). - 284 - CS 18-23 June 5, 2023 Subject: West Shore Skate Spot – Purchase of Public Art Page 4 Staff request that Council endorse the commission of temporary public art for West Shore Community Centre Skate Spot be awarded to fatspatrol (Fathima Mohiuddin) & Mural Routes in the amount of $31,979.00 (HST included). The Letter of Understanding (set out in Attachment 1) was drafted by Cultural Services staff and reviewed by Legal Services and Finance. The Letter of Understanding defines the relationship and responsibilities between the City and the Artist. Staff are requesting Council to authorize the Mayor and City Clerk to execute the Letter of Understanding with fatspatrol (Fathima Mohiuddin) & Mural Routes. The installation will take place in October 2023. Subject to Council’s endorsement of this Report, the Artist will begin community consultation of the artwork with the Pickering West Shore Community Association, local youth and the City’s Programming team for the creation of the mural over the summer months, in which the mural will be completed and unveiled at an event in October 2023. Attachments: 1. Agreement – Letter of Understanding 2. West Shore Skate Spot – Open Call 3. West Shore Skate Spot – Terms of Reference 4. fatspatrol & Mural Routes – West Shore Skate Spot Artist Submission Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Laura Gibbs, MBA, MSc Division Head, Culture & Community Programming Sarah Douglas-Murray Director, Community Services Original Signed By: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer KR:jsa - 285 - CS 18-23 June 5, 2023 Subject: West Shore Skate Spot – Purchase of Public Art Page 5 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 286 - Attachment #1 to Report CS 18-23 Letter of Understanding Public Artwork Agreement This agreement made the Day/Month/Year BETWEEN: fatspatrol, Fatima Mohiuddin (hereinafter called “the Artist”) AND THE CORPORATION OF THE CITY OF PICKERING (hereinafter called “the City) 1.Introduction This Letter of Understanding pertains to the creation and installation of the artwork for the West Shore Skate Spot for the City of Pickering. This document defines the relationship and responsibilities between the City and the Artist. The final artwork is to be unveiled October, 2023. This Letter of Understanding conforms to the City of Pickering Public Art Policy (CUL 010) and the City of Pickering Standard Quotation Terms & Conditions. 2.Background The newly installed Skate Spot in the West Shore Neighborhood provides a public site for a community mural. The artwork will be located at the West Shore Community Centre Skate Spot, 1011-1015 Bayly Street, Pickering. With the approval of the 2023 Current Budget, Council endorsed the funding to carry out the design and installation of a new Public Art Mural on the hardscape of Pickering’s West Shore Skate Spot. This public art piece is intended to be created and executed with the help of the community (West Shore Neighborhood Association, local youth and the City’s Programming team), reflective of the neighborhood and the recreational activities that take place in this location. The public art will be created with spray paint and applied directly to the surface of the existing hardscaped Skate Spot. Due to the expected use of the skate spot, and based on lifespan of similar public art works this public art work is expected to last between 5 to 10 years before maintenance or replacement is required. The City of Pickering issued an Open Call as the method of acquisition. A two-stage process was implemented in which Stage 1 pre-qualified a short list of three artists. The three selected artists were invited to participate in Phase 2, in which, they submitted a revised portfolio including scope of work and budget breakdown that was scored by the Public Art Jury to select the final artist. The Open Call was issued on April 6, 2023. A Public Art Jury was convened on May 9, 2023 to judge the submissions based on criteria established in the Public Art Policy. The Cultural Advisory Committee met on April 18, 2023 to review and endorse the Top 3 short list that proceeded to Phase 2. - 287 - Letter of Understanding Public Artwork Agreement The Top 3 artists were provided with the Terms of Reference to further tailor their submission and presentation for Phase 2. The Phase 2 proposals were received on May 5, 2023. Each artist presented their concept to the Public Art Jury on May 9, 2023. The jury reviewed the judging criteria outlined in the Open Call, scored each proposal and ranked the top three finalists following the artist’s presentations. Based on the ranking, fatspatrol (Fathima Mohiuddin) & Mural Routes were recommended as the Artists to be awarded the commission of public art at West Shore Community Centre Skate Spot for Phase 2 of the project. The Public Art Jury recommendation was endorsed by the Public Art Committee on May 11, 2023 and by the Cultural Advisory Committee on May 16, 2023. 3. Definitions Artwork -The “Artwork” means the final piece of artwork developed from the design, model, and specifications provided by the Artist and approved by the City, which Artwork is more particularly specified in Schedule “A” attached hereto. The Work -The “Work” means designing, producing and fabricating the Artwork as well as delivering and installing it at the Place of Installation. Place of Installation -The “Place of Installation” is the hardscaped Stake Spot at West Shore Community Centre, 1011 – 1015 Bayley Street, Pickering. 4. Artist Fee: Compensation and Payment Schedule a) The all-inclusive price to be paid by the City for the Artwork, completed and installed shall be $31,979.00 CAD, inclusive of all applicable federal and provincial taxes including HST. b) Each stage of the payment shall be accompanied by a detailed summary of work completed by the Artist that including updated drawings and images that states that the Work has progressed and is proceeding according to schedule D and will be installed by the Delivery Date (as defined below). c) HST shall be enumerated as a separate item on each staged and scheduled payment pursuant to this Article. Payment shall be structured in a payment schedule to the Artist as follows: i)$6,000.00 at the end of Phase 1 which includes execution of the agreement by all parties, proof of insurance and WSIB to the satisfaction of the City, and an invoice from the Artist; ii) $12,989.50 at the end of Phase 2 which includes preliminary sketches and a detailed plan of action and submission of an invoice from the Artist; iii) $12,989.50 at the end of Phase 4 which includes installation of the artwork at the West Shore Skate Spot and submission of an invoice. The City agrees: a) to pay the Artist all funds due and as provided for herein. - 288 - Letter of Understanding Public Artwork Agreement 5. Payments of Sub-Contractors The Artist agrees: a) to ensure that payments will be made to all suppliers and subcontractors that may be engaged by the Artist in regard to the design, fabrication, storage, delivery and installation of the Artwork. At the City’s request, the Artist shall provide evidence of such payment. 6. Performance The Artist agrees: a) to provide all work and materials necessary to create the Artwork and to fulfill all its obligations as set out in this Agreement; b) that the materials, methods and processes used to produce the Artwork shall be of first class quality and expressive of the approved design; and c) to use first class skills, diligence and workmanship as are normally found in the artistic profession, and ensure that all materials incorporated into the Artwork are of the utmost quality and design. 7. Timelines and Completion of Deliverables The Artist agrees: a) to complete the installation of the Artwork to the satisfaction of the City no later than October 6, 2023 (“the Delivery Date”) or such later date as may be agreed upon by the Artist and the City in writing. The installation will include a maintenance/conservation plan submitted by the Artist; b) during the design and production of the Artwork, to keep the City advised of the status of the production of the Artwork. If required by the City, the Artist shall allow representatives of the City to view the Artwork during its various stages of production or provide progress photographs; c) to submit a progress report and invoice, with supporting receipts and invoices from sub- contractors, in the form specified by the City, prior to each payment date set out in Schedule “B”. d) to provide a conservation and maintenance plan; and e) to provide to the City photographs of the Artwork during and after installation in accordance with Schedule “B”. The City agrees: a) to ensure that should the Artist require direction in any regard to the design, fabrication or installation of the Artwork, the City shall provide such direction in a prompt and timely fashion. 8. Detailed Design The Artist agrees: a) To evaluate all material and data relevant to the Artwork as provided by the City and shall facilitate production of the final design, working with the Cultural Services Unit and [other City departments and design team members, as needed] and, in order to finalize the detailed - 289 - Letter of Understanding Public Artwork Agreement design and the exact location of the Artwork within the Installation Site, to the satisfaction of the City. 9. Specifications The Artist agrees: a) to provide detailed drawings and specifications to the satisfaction of the City and shall advise the City, in writing, through the Curator, of all factors relating to the Artwork’s theme, budget, critical path, location, size, materials, structural, mechanical and technological requirements, installation methods, and future maintenance requirements, to be determined by the Artist in consultation with the Curator; and b) Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of prior written authorization by the Division Head, Culture and Community Programming provided however, that the City’s objection to any feature of the Artwork which is reasonably attributable to the exercise of the Artist’s aesthetic judgement during the progress of the development of the Artwork shall not be considered a substantive change and shall not be a basis for withholding acceptance or payment for the Artwork. 10.Permits and Engineers Stamp The Artist agrees: a) to obtain at the Artist's sole cost and expense, all permits necessary for the delivery and installation of the Artwork and prepare all materials, documents, reports, plans and drawings, required in order to obtain any Structural Engineers' stamps required in connection with the manufacture and installation of the Artwork at the Installation Site. 11.Delivery, Installation and Protective Measures The Artist agrees: a) to be solely responsible for all costs and supervision of the actual fabrication, production and installation of the Artwork including the cost of any site preparations or safety precautions that are required for the installation of the Artwork in its final location unless otherwise specified by the City. If protection during installation is required, then the Artist is to provide it; b) to deliver the Artwork to the specific site as set out in Place of Installation, free from all defects and in compliance with the specifications as outlined in Schedule “B” attached hereto; c) The Artist shall coordinate the installation of the Artwork with the Curator and permit such inspections of the installation as the City may require. If any costs result from the Artist failing to coordinate the Artist's work with that of [City divisions and contractors], all such costs shall be borne by the Artist; d) upon installation of the Artwork, to clean the Artwork to ensure that all dirt, imperfections and extraneous materials are removed from the Artwork; and e) that installation shall have been deemed to be complete when acceptance by the City or by its designated agent. - 290 - Letter of Understanding Public Artwork Agreement The City agrees: a) to provide, at its expense, a permanent marker in keeping with the quality and type of the Artwork which will identify the name of the Artist, the name of the Artwork and the year of the Artwork. 12.Damage to Artwork and Artist’s Property The Artist agrees: a) that in the event of physical loss or damage to the Artwork prior to completion of installation and acceptance of the Artwork by the City, the Artist shall immediately take all necessary steps to rectify the loss or damage by repair, restoration, replacement or other appropriate means as soon as is reasonably possible at no additional expense to the City. Where necessary, the Artist may collect insurance proceeds before rectifying the loss or damage and shall rectify the loss or damage as soon as is reasonably possible after receipt of said funds; and b) to be responsible for any loss or damage whatsoever to any of the Artist's materials, goods, equipment or supplies and will maintain all-risk coverage as required by this Agreement and as any prudent owner of such materials, goods, supplies and equipment would maintain. The Artist shall have no claim against the City or the City’s insurers for any damage or loss to the Artist's property and shall require his insurers to waive any right of subrogation against the City. The City agrees: a) that following acceptance of the Artwork, the City will use its best efforts to maintain and repair any damage done to the Artwork by vandalism or other means substantially in accordance with the conservation and maintenance plan to be provided by the Artist. The City will make reasonable efforts to inform the Artist of such damage and to offer the Artist the opportunity to consult with the City on the proposed repairs. 13.Warranty, Repair and Maintenance The Artist agrees: a) that upon receipt of the Artwork, should the City find any deficiencies in the Artwork, it will advise the Artist in writing and the Artist must rectify such deficiency within ten (10) days of receipt of such notice. Should it not be possible to complete rectifying the deficiencies within ten (10) days, the Artist shall provide a Schedule to the City that is acceptable to the City indicating when completion will occur; b) in the event that the Artwork shall require repairs subsequent to the date of completion arising from normal weathering and “wear and tear”; then in such event the City shall advise the Artist in writing as to the nature of such repair and offer the Artist first right of refusal to carry out such repair within times and consideration as mutually agreed upon by the City and the Artist. Should the Artist fail to advise the City within thirty (30) days of receipt by the Artist of the written offer, or should the Artist and the City fail to agree on times and consideration, then in any such event the City, or a third party hired by the City, shall be at liberty to carry out any - 291 - Letter of Understanding Public Artwork Agreement and all repairs. In determining the time and consideration for such repairs, both parties agree to act reasonably; and c) notwithstanding the foregoing and with the exclusion of the maintenance criteria set out in the conservation and maintenance plan submitted by the Artist, during the first three (3) years after installation and acceptance by the City, the Artist agrees to repair any defects or deficiencies (normal weathering and “wear and tear” excepted) in the Artwork without any charge to the City. The City agrees: a) to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the City considers to be appropriate and in accordance with the conservation and maintenance plan to be approved by the City and that will be provided by the Artist. 14.Removal and Relocation of Artwork The City agrees: a) to endeavor to exhibit the Artwork in the original location and in its original and complete format subject to the City’s right to decommission or remove the Artwork or a particular piece thereof for reasons which may include, but are not limited to, the structural integrity of the Artwork, expiry of the expected lifespan of the Artwork, extensive or irreparable damage or vandalism or by reason of the necessity to accommodate the effective operation of the Log Barn; and b) to consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 15.Insurance The Artist agrees: a) that upon request by the City, the Artist shall take out and keep in force a policy of liability insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as may be required), and not less than two million ($2,000,000.00) automotive liability insurance coverage. Certificate(s) of insurance shall be provided upon request by the City. i. The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all operations performed by or on behalf of the Company, a certificate of insurance shall be completed by the Company’s agent, broker or insurer. ii. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. iii. If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $2,000,000.00 and an automotive liability policy insuring the City in the - 292 - Letter of Understanding Public Artwork Agreement amount of two million ($2,000,000) at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. 16.Indemnification The Artist agrees: a) to indemnify and hold harmless the City, it’s Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgments, or costs which may arise from any physical deficiencies or deformities or structural failures of the Work which render the Artwork inconsistent with the approved design. The Artist agrees that this indemnity shall survive the period of time required to fulfill this contract and extend to the useful life of the Artwork and shall be binding upon the Artists’ personal representatives, administrators, executors and assigns; b) to indemnify the City, its Mayor and Councillors, employees and agents from and against all liens, all builders liens, claims, actions, costs and damages which may arise during installation of the Work on the Place of Installation. No finding of negligence, whether joint or several, as against the City in favour of any third party shall operate to relieve or shall be deemed to relieve the Artist in any manner from any liability to the City, whether such liability arises under this Agreement or otherwise; and c) to warrant that the Artwork is original to the Artist and does not violate any copyright of any other person. The Artist shall indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgements or costs that may arise from the allegation that the Artwork is not original to the Artist. 17.Occupational Health and Safety Act The Artist agrees: a) to conform to and enforce strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").; b) that nothing in this Agreement shall be construed as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Artist either instead of or jointly with the Artist; and c) that it will ensure that all subcontractors engaged by it are qualified to perform the services and that the employees of the Artist and of all subcontractors are trained in the health and safety hazards expected to be encountered in the Services. 18.Workplace Safety & Insurance The Artist agrees: a) that all of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, - 293 - Letter of Understanding Public Artwork Agreement certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board; b) to provide the City with a Clearance Certificate prior to final payment certifying all payments by the Company to the Board in conjunction with the subject Contract have been made and that the City will not be liable to the Board for future payments in connection with the Company’s completion of the project; and c) that a Company deemed to be an Independent Operator by the Workplace Safety & Insurance Board will provide a copy of such letter to the City containing the Independent Operator identification number issued by the Board. An Independent Operator must be covered by WSIB optional insurance and provide proof of this coverage upon request. 19.Delays The Artist and the City agree that: a) neither party shall be responsible for any failure to comply with or for any delay in performance of the terms of this Agreement including but not limited to delays in delivery, where such failure or delay is directly or indirectly caused by or results from events of force majeure beyond the control of the party sought to be charged. These events shall include, but not be limited to fire, earthquake, accident, civil disturbances, war, rationing, allocation of embargoes, strikes or labour problems or delays in transportation, inability to secure necessary materials, parts or components, delay or failure of performance of any supplier or subcontractor, acts of Nature or acts of Government. 20.Early Termination The Artist and the City agree that: a) notwithstanding any other provision of this Agreement, the City may, at any time and without cause, prior to completion of the Artwork, terminate this Agreement by providing sixty (60) days' notice in writing to the Artist. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; b) failure of the Artist to perform its obligations under the Agreement shall entitle the City to terminate the Agreement upon ten (10) calendar days’ written notice to the Artist if a breach which is remediable is not rectified by the Artist to the City's satisfaction and within the timeframe set out in the City's notice of breach. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; - 294 - Letter of Understanding Public Artwork Agreement c) all rights and remedies of the City for any breach of the Artist's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Agreement or otherwise at law; d) no delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy; and e) upon termination, all work and material of the Artist pertaining to the Artwork shall be delivered to or retained by the City at no further cost or liability to the City. 21.Ownership The Artist and the City agree: a) ownership of the Artwork, the model/maquette and all documentation supplied to the City in connection with the Artwork, will vest in the City upon final payment for same. 22.Copyright The Artist and the City agree that: a) copyright in the Artwork shall remain with the Artist. The Artist agrees: a) to hereby grant the sole, perpetual and royalty free license to exhibit the Artwork in public and to use photographs, drawings, film, video, and other mechanical reproductions of the Artwork throughout the world to the City for publicity purposes only. b) to authorize the City to use the Artist’s name in connection with the Artwork and in the promotion and advertising of the City. c) not to replicate the Artwork for any other client or purchaser. d) to use best efforts to give credit to the City as the owner of the Artwork. The City agrees: a) to use its best efforts to have the Artist’s name associated with the Artwork in photographs, drawings or other reproductions of the Artwork except where the Artwork is not the primary subject of the said reproduction. 23.Death or Incapacity of Artist The Artist and the City agree that: a) in the event of a death or incapacity of the Artist before the complete installation of the Artwork, the City shall be vested with title to the unfinished Artwork upon paying the Artist, their personal representatives, administrators, executors or executrix a sum in the direct proportion of the percent of the Artwork completed to that date as determined by the City and shall be permitted to complete the Artwork in a manner generally consistent with the original design of the Artist. - 295 - Letter of Understanding Public Artwork Agreement 24.Mediation The Artist and the City agree: a) that all disputes pertaining to the interpretation or implementation of this Agreement shall be resolved first by good faith negotiation between the parties. In the event that a dispute cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences and failing agreement on the procedure to be followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a settlement of the dispute, any unresolved issues may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be chosen, it will be conducted in accordance with the “Rules of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the Arbitrations Act; and b) any claim or action brought pursuant to this Agreement shall only be brought in the courts of the Province of Ontario. This Agreement forms the entire agreement between parties and no other representations either oral or written shall form part of this Agreement. The rights and remedies of the City under this Agreement are cumulative and in addition to any rights and remedies provided by law or equity. To the City at: The City of Pickering One the Esplanade Pickering, Ontario The City’s Representative for the purpose of this Agreement will be Laura Gibbs lgibbs@pickering.ca To the Artists at: Fatspatrol (Fathima Mohiuddin) Fathima@thedomino.org www.fats.ink @fatspatrol - 296 - ____________ _______________ _____________ _______________ _____________ _____ _______________ Letter of Understanding Public Artwork Agreement Or to such other address or person as the parties may designate to each other in writing. It is deemed that notice is received five (5) days after the mailing of any notice or upon delivery, if personally delivered. IN WITNESS WHEREOF the parties hereto have had this Letter of Understanding executed. Full name, artist Date Kevin Ashe, Mayor Date City of Pickering Susan Cassel, City Clerk Date City of Pickering - 297 - Letter of Understanding Public Artwork Agreement GENERAL Schedule A: The Artwork (Artist’s Concept proposal document attached) Schedule B: Fabrication Schedule Schedule C: Open Call – Terms of Reference - 298 - Letter of Understanding Public Artwork Agreement SCHEDULE B Detailed Fabrication Schedule WORK PLAN The completion dates for each phase of the project as set out below shall be finalized upon final determination of the construction commencement date and prior to commencement of the Phase 2 services. Phase 1 – July 7, 2023 • Agreement signed by all parties • Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 -To be completed by September 3, 2023, to the satisfaction of the City • Site Visit: the artist will eliminate areas of hardscaping that will not be painted (i.e. ramps and rails). Identify the best areas to apply public art work to the hardscaping. • First Consultation: The artist will meet with the members of the West Shore Community for input on the public art (2 hours). This is intended to take place in mid-July. • Delivery of two aerosol workshops, led by fatspatrol, for Pickering youth. These are planned for late July, early August. All materials will be provided by Mural Routes. • Artist will develop sketch of the art work for public consultation in the form of a presentation. • The artist will develop a detailed plan of action for creation of the artwork. • Community consultation event, planned for late August. The artist will present initial concepts and designs to community members to provide feedback and engagement. This phase will include the following Client approvals: • Following public consultation and presentation to the community, the Preliminary Sketches completed by the artist will be provided to the City of Pickering for approval. • The detailed plan of action will be submitted to the City of Pickering for approval. Phase 3 -To be completed by September 15, 2023 to the satisfaction of the City • Final design work submitted for approval. Phase 4 -Installation – October 31, 2023 • On-site installation of digital final product, planned to be completed by October 6. • Final sign off by Client on completed and delivered product. • Attend unveiling event, planned for late October. SCHEDULE C - 299 - Letter of Understanding Public Artwork Agreement Open Call – Terms of Reference - 300 - Attachment #2 to Report CS 18-23 Call to Artists: Community Mural West Shore Skate Park Deadline: April 17, 2023 at 4 pm EST. Artist Opportunity The City of Pickering invites artists to respond to the Call to Artists to create a temporary outdoor community mural for West Shore Skate Park. As per the City of Pickering Public Art Policy (CUL 130) an artist is defined as the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. 1 - 301 - A public art jury comprised of city staff, practicing arts professionals, and community members will be established for this two-stage competition. Public Art Opportunity The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. The artwork will be located in West Shore Skate Park, 1011-1015 Bayly Street, Pickering. The newly designed skateboard spot in the West Shore Neighbourhood provides a public site for a community mural. This public art piece is intended to be created and executed with the help of the community, reflective of the neighborhood and the recreational activities that take place in this location. Community Background The City developed a Skateboard Park Strategy in 2017 as a supplement to its Recreation and Parks Master Plan update . The strategy helped determine existing and future needs for skateboard park facilities as well as potential locations. Of the households surveyed as part of the strategy engagement, 8% had a family member that skateboarded in the past year, which equate s to over 2,500 residents in Pickering who skateboard. The results indicated that one community size skateboard park and five smaller skateboard facilities called “skate spots”, would be required to adequately service the residents of South Pickering. Cur rently Pickering has one community sized skateboard park, located in Diana, Princess of Wales Park, and one skate spot in West Shore. Skateboard parks provide an inexpensive recreational outlet for the youth of our community as well for the like-minded children and adults. Budget $32,000 CAD including HST (maximum). This is the total amount available for all related expenses of this temporary public art project including, but not limited to: artist fees, all applicable taxes, detailed renderings, mate rials, community consultations and schedules or other expertise as required, insurance, equipment, travel to meetings and to the site, and an artist statement for completed work. The selected artist will enter into a written agreement with the City of Pic kering 2 - 302 - following the approval of the acquisition of the public art. This agreement will address the artist's obligations, which include, but are not limited to: • Materials • Timeline • Installation • Maintenance and/or conservation plans • Warranty • Copyright, Intellectual Property and Moral Rights • Payments to sub-contractors Stage 1: Open Call City Staff will review all submissions and identify a short-list based on artistic excellence and demonstrated or perceived ability to create and execute a n engaging community-based mural that is complementary to the overall design scheme and community context. Artists are invited to respond to this EOI by submitting a single pdf document: This pdf document must be labeled with the name of the artist and pro ject (Last Name First Name_ WestShoreSkateParkMural) and include: • CV (one for each team member, if applicable) • Brief artist statement outlining interest in project, showing relevant experience, ability, and general artistic approach. Please include yo ur experience and intended approach to the community engaged process. Do not include proposals at this stage. • Maximum ten (10) images of work, with caption including title, materials, dimensions, location, and commissioning body (if applicable). Audio / Video files may be provided via URL. • Names and contact information for two references (preferably from recent community projects). Email submissions to: sbarakov@pickering.ca Submissions must be received by 4PM EST, April 17, 2023. Late submissions will not be accepted. 3 - 303 - Stage 2: In depth portfolio review The short-listed artists will be notified in early May, 2023 and invited to re-submit (if they wish) a portfolio of past projects that further highlights their expertise in a PowerPoint presentation. A detailed Terms of Reference project document will be provided to help short-listed artists prepare their portfolio. When evaluating the artists portfolios, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the objectives listed in the Public Art Opportunity outlined on Page 2 of this Call to Artists. The Public Art Jury (as per section 07.02 of the City of Pickering Public Art Policy) will also consider the artist's: • Artistic excellence of previous work; • Ability to achieve the highest quality of contemporary artistic excellence and innovation; •Professional qualifications and relevant working experience as related to the public art project brief; • Ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • Potential to comprehend, access and interpret relevant technical requirements; and, • Interest in and understanding of the public art opportunity a nd the context. The Public Art Jury in selecting the successful proposal will also consider the following: Community Relevance and Impact • Suitability for display in a public space • Reflects the City's heritage, and/ or history, culture and diversity, and/or natural elements and landscapes • Builds appreciation for public art Overall Quality and Authenticity • Originality of design • Intrigues viewers and stimulates imagination • Artist reputation, demonstrated and related experience • Condition of the artwork Location • Site suitability • Response to or complements the location's uses and users 4 - 304 - Economic Value • Short-and long-term costs • Tourism potential Installation Maintenance & Conservation • City's ability to accommodate installation requirements • City's ability to safely display, maintain and conserve the work • Long-term maintenance cost • Longevity of the artwork • Environmental impact Submission • Compliance with guidelines outlined in the Public Art Policy and accompanying "Call to Artist" • Quality of the approach/work plan and methodology • Ability to meet budgetary estimates and timelines Project Considerations The artist and the artwork must adhere to the following design parameters: • Be an exterior mural installation, suitable for exhibition in a public space; • Be developed and executed with the involvement of the West Shore community; • Experience working with youth will be considered an asset. • Be able to organize and coordinate community workshops; • City Staff will introduce the artist to the Pickering West Shore Community Association (PWSCA) and Community Services Youth Programs team. • Be appropriate for the site in scale, execution, materials and creativity; • Be created using high quality, long-lasting materials; and • Not pose a risk to public safety. 5 - 305 - Project Timeline April 5, 2023 Stage 1: Open Call issued April 17, 2023 at 4 pm Stage 1: Open Call submissions due April 18, 2023 Application reviews April 19, 2023 Deadline to notify short-listed artists. Artists will be provided with detailed Terms of Reference project document for the public artwork at this stage. May 5, 2023 at 4 pm Stage 2: In depth portfolio due Week of June 5, 2023 Deadline to notify selected Artist Week of June 5, 2023 Project Contract signed and executed Week of June 12, 2023 Technical Review with project staff. This meeting will introduce the selected Artist to PWSCA and Community Services Youth Programs team and provide further technical specifications and feedback on the submitted conceptual art work from lead project staff from the City. June -September 2024 Community consultation and design creation September -October 2023 Mural execution with community members October 2023 Mural unveiling and community celebration *Schedule subject to change 6 - 306 - Accessibility The City will provide accommodations throughout the selection process to applicants with disabilities. Please notify Stoyan Barakov, Coordinator, Public Art at 289.200.7829 or sbarakov@pickering.ca of the nature of any accommodation(s) that you may require in respect of any materials or processes used to ensure your equal participation. Reserved Rights of the City of Pickering The City of Pickering, at it sole discretion, may request clarification or request additional information, as deemed necessary to evaluate the submissions. The City retains the sole discretion to determine whether a submission is responsive and if the prospective Artist or Artist Team is capable of performing the Work. The City reserves the right, at it sole discretion, to determine the number of pre-qualified Artists or Artist Teams. The City reserve the right to not proceed with awarding a contract. Publication of Information The City of Pickering shall have the exclusive rights to issue all public announcements regarding the competition. Additional Information For any additional information or questions please contact: Stoyan Barakov, Coordinator, Public Art at 289.200.7829 or sbarakov@pickering.ca. 7 - 307 - Terms of References West Shore Skate Park Attachment #3 to Report CS 18-23 April 19, 2023 Public Art in the City of Pickering The City of Pickering is committed to and supportive of the benefits of public art and recognizes that art in public spaces is a valuable asset that enhances the social/cultural, built heritage and natural environments. Through public art, we beautify our environment; engage the community in Creative Place-Making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. Public Art enhances quality of life for citizens and visitors; and, strengthens community pride, tourism and economic growth. Project Description: West Shore Skate Park Community Mural The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. The artwork will be located in West Shore Skate Park, 1011-1015 Bayly Street, Pickering. The newly designed skateboard spot in the West Shore Neighbourhood provides a public site for a community mural. This public art piece is intended to be created and executed with the help of the community, reflective of the neighborhood and the recreational activities that take place in this location. Brief Site History and Neighbourhood Context The City developed a Skateboard Park Strategy in 2017 as a supplement to its Recreation and Parks Master Plan update. The strategy helped determine existing and future needs for skateboard park facilities as well as potential locations. Of the households surveyed as part of the strategy engagement, 8% had a family member that skateboarded in the past year, which equates to over 2,500 residents in Pickering who skateboard. The results indicated that one community size skateboard park and five smaller skateboard facilities called “skate spots”, would be required to adequately service the residents of South Pickering. Currently Pickering has one community sized skateboard park, located in Diana, Princess of Wales Park, and one skate spot in West Shore. Skateboard parks provide an inexpensive recreational outlet for the youth of our community as well for the like-minded children and adults. 1 - 308 - Terms of References West Shore Skate Park Artwork Location: The artwork will be located in and around the West Shore Skate Park, across from the West Shore Community Centre, 1011-1015 Bayly Street, Pickering. The newly designed skateboard spot in the West Shore Neighbourhood provides a public site for a community mural. 1 West Shore Skate Park View from West Shore Community Centre Based on the provided budget and consultation including City Staff, West Shore Neighborhood Association and the Programing Team, the Artist will determine the exact mural location and size. 2 - 309 - Terms of References West Shore Skate Park Additional images: 2 Rendering of West Shore Skate Park in Pickering including features list 3 Rendering of West Shore Skate Park in Pickering illustrating different view points West Shore Skate Park Site Plan – Attachment 1 3 - 310 - Terms of References West Shore Skate Park Artist Selection Process: Per the City of Pickering Public Art Policy section 07.02, a Public Art Jury must be established for each acquisition of $25,000 and over in value. The Public Art Jury will be organized on a case by case, and project by project basis. The composition, duration and terms of reference for any Public Art Jury will be dependent on the nature of the Public Art project. Appointees to a Public Art Jury may consist of: • Three City staff which may include representatives (e.g. department heads, Heritage Planner, Library) from other City of Pickering departments, as appropriate, that may be impacted by the location, or subject matter of a Public Art project. • Three resident members from the Public Art Committee. • Two professional artists that are not residents of the City of Pickering. • One professional architect that is not a resident of the City of Pickering. When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the objectives listed in the Public Art Opportunity outlined on Page 1 of the Call to Artists. The Public Art Jury (as per section 07.02 of the City of Pickering Public Art Policy) will also consider the artist's: • Artistic excellence of previous work; • Ability to achieve the highest quality of contemporary artistic excellence and innovation; • Professional qualifications and relevant working experience as related to the public art project brief; • Ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • Potential to comprehend, access and interpret relevant technical requirements; and, • Interest in and understanding of the public art opportunity and the context. For large commissions in public spaces, the Public Art Committee may choose to provide the three top-ranked Public Art Jury selections for Community comment prior to finalizing the selection process. When an open call public art competition results in two equally weighted proposals, consideration will be given to the local/Canadian submission. Stage 2: In depth portfolio review The short-listed artists will be notified on April 19, 2023 and invited to re-submit (if they wish) a portfolio of past projects that further highlights their expertise alongside with a Scope of Work (including a budget breakdown) in a PowerPoint presentation. Additionally, shortlisted artists/teams are asked to present their submission (15 min presentation) either in person or virtual to the Public Art Jury on May 9, 2023. For this, artists/teams will be compensated $111 plus HST (Based on CARFAC C.2.2 Media Arts Q&A or Screening Introduction). The Public Art Jury in selecting the successful proposal will also take into account the following: 4 - 311 - Terms of References West Shore Skate Park Community Relevance and Impact • Suitability for display in a public space • Reflects the City's heritage, and/ or history, culture and diversity, and/or natural elements and landscapes • Builds appreciation for public art Overall Quality and Authenticity • Originality of style • Intrigues viewers and stimulates imagination • Artist reputation, demonstrated and related experience • Condition of past artwork Location • Site suitability • Response to or complements the location's uses and users Economic Value • Short-and long-term costs • Tourism potential Installation Maintenance & Conservation • City's ability to accommodate installation requirements • City's ability to safely display, maintain and conserve the work • Long-term maintenance cost • Longevity of the artwork • Environmental impact Submission • Compliance with guidelines outlined in the Public Art Policy and accompanying "Call to Artist" • Quality of the approach/work plan and methodology (Scope of Work) • Ability to meet budgetary estimates and timelines (Budget Breakdown) Additionally, the City will not purchase or display art that: • violates any City policy; • conveys a negative message that might be deemed prejudicial; • promotes alcohol and other addictive substances; • presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; and, • is in direct competition with City of Pickering services, programs or initiatives. 5 - 312 - Terms of References West Shore Skate Park The finalist artist (artist team) will work closely with City Staff, West Shore Neighbourhood Association and the Programs Team to create and execute the final work to the requirements of the site and other conditions for project realization. Decisions of the Public Art Jury are final. Deadline for Stage 2: In depth portfolio review submissions is May 5, 2023 at 4 pm. Email submissions to: sbarakov@pickering.ca Budget $32,000 CAD including HST (maximum). This is the total amount available for all related expenses of this temporary public art project including, but not limited to: artist fees, all applicable taxes, detailed renderings, materials, community consultations and schedules or other expertise as required, insurance, equipment, travel to meetings and to the site, and an artist statement for completed work. The selected artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the artist's obligations, which include, but are not limited to: • Materials • Timeline • Installation • Maintenance and/or conservation plans • Warranty • Copyright, Intellectual Property and Moral Rights • Payments to sub-contractors Design Considerations A list outlining specific Site Parameters and Artwork Materials, Maintenance and Public Safety will be shared with the awarded artist to further inform the design creation and production of the mural. 6 - 313 - Terms of References West Shore Skate Park Project Timeline April 5, 2023 Stage 1: Open Call issued April 17, 2023 at 4 pm Stage 1: Open Call submissions due April 18, 2023 Application reviews April 19, 2023 Deadline to notify short-listed artists. Artists will be provided with detailed Terms of Reference project document for the public artwork at this stage. May 5, 2023 at 4 pm Stage 2: In depth portfolio due Week of June 5, 2023 Deadline to notify selected Artist Week of June 5, 2023 Project Contract signed and executed Week of June 12, 2023 Technical Review with project staff. This meeting will introduce the selected Artist to PWSCA and Community Services Youth Programs team and provide further technical specifications and feedback on the submitted conceptual art work from lead project staff from the City. June -September 2023 Community consultation and design creation September -October 2023 Mural execution with community members October 2023 Mural unveiling and community celebration *Schedule subject to change 7 - 314 - Terms of References West Shore Skate Park Post Competition Procedure Final Recommendation and Awarding of the Commission • The Public Art Jury will select one finalist artist (artist team) and make its recommendation to the City. • No appeals from artists (artist teams) are permitted. • The Public Art Jury may elect not to choose a finalist artist (artist team). • No official winner of the competition may be made public until the agreement between the City of Pickering and the finalist artist (artist team) has been determined. Ownership, Use of the Artwork by the Finalist Artist (Artist Team) and Copyright Artwork acquired for the Public Art Collection shall become the property of the City of Pickering except those artworks subject to the parameters for Temporary Public Art as outlined in Section 08.03 of the CUL 130 Public Art Policy. The City will respect the artist's right of authorship and the integrity of the public art. Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work developed. Following best practice in North American Public Art Programs, they will not be asked to waive their Artist Moral Rights or assign their copyrights. Artist(s) will be asked to provide a royalty-free non-commercial license to the City of Pickering for images of their work in perpetuity. Basic Conditions – Future Agreement(s) between the Finalist Artist (Artist Team) and City of Pickering The finalist artist (artist team) and the City of Pickering will enter into an Agreement, which will include the identification of the scope of work to be performed by the artist, payments and performance schedules to be followed. Questions & Contact Artists may submit questions about any aspect of this competition by email to the following address: sbarakov@pickering.ca Stoyan Barakov Coordinator, Public Art Community Services M: 289.200.7829 T: 905.420.4660 ext.1097 sbarakov@pickering.ca 8 - 315 - K General Notes ALL WORK SHALL CONFORM TO THE CUSTOM OF BEST TRADE PRACTICE AND BE EXECUTED BY SKILLED TRADESPERSONS, WELL EQUIPPED AND SUPERVISED. DIMENSIONS SHOWN ON PLAN SHALL TAKE PREFERENCE OVER SCALE. CONTRACTOR TO CONFIRM ALL DIMENSIONS OF DESIGN PRIOR TO CONSTRUCTION AND REPORT ANY DISCREPANCIES FOUND 26200 127th Ave (604) 992-7678Maple Ridge BC info@transitionconstruction.comV4R 1 C3 IxUJ 1-z 0 (.) T"" N N 0 N (0 0 r--N SUMMER 2022 DRAWING LIST TITLE PAGE COVER 1 DIMENSION PLAN 2 ORDINATE DIMENSION PLAN 3 MA TE RIALS PLAN 4 EDGE AND JOINT PLAN 5 GRADING AND DRAINAGE PLAN 6 SECTIONS 7 DETAILS 8 DETAILS 2 9 � \ ENLARGMENT PROJECT LOCATION -ADJACENT WESTSHORE COMMUNITY CENTRE • PERSPECTIVE DRAWING -NOT FOR CONSTRUCTION REFERENCE DRAWING HISTORY REVIEW A FOR REVIEW 2022.06.28 CREATION 2022.06.15 NO. DESCRIPTION DATE REVISIONS 0:: UJ>0 () PROJECT AND TITLE: WESTSHORE SKATESPOT 1015 BAYLY STREET PICKERING ON < en CLIENT: CITY OF PICKERING PICKERING ON L 1V 6K7 1 THE ESPLANADE S TRANSITION PROJECT No. DESIGNED JM A, JMC 2022.21DRAWN JM CHECKED DATE CD 2022-06-29 SHEET 1 OF 9 REV. A BM ELEV. TRANSITION DRAWING No. '\. SCALE NTS 1 - 316 - - 317 - - 318 - - 319 - - 320 - - 321 - - 322 - - 323 - - 324 - Attachment #4 to Report CS 18-23 WEST SHORE SKATE PARK MURAL EOI – round 2 FATSPATROL - 325 - artist CV EDUCATION: BA Specialist Art & Culture, University of Toronto at Scarborough, 2005 – Major in Studio Art MA Sociology – Goldsmiths, University of London, UK, 2007 ART-RELATED WORK EXPERIENCE: A Space Gallery – gallery assistant – internship, 2002 Arts for Children of Toronto-artist project leader -2006 The Domino – Founder, Director, 2011 -present Mural Routes – apprentice mentor artist – Project Flight – 2003 Art Starts – artist project leader – 2006 Dubai Community Theatre & Arts Centre, Gallery and Manager, 2008-2011 AWARDS & RESIDENCIES: Sheikha Manal Young Artist Award, Dubai 2010 Nominated for Emirates Woman of the Year 2011 for contribution to developing local art scene in the UAE Delfina Foundation, artist residency, London, UK August 2012 1 year of training with the Toronto Art Therapy Institute EXTRAS: Online Certificate in Corporate Social Responsibility 2008 Recipient of Cultural Leadership International 2010 grant, British Council, UK Participant in Cultural Leadership and Innovation 2012, British Council, UAE Participant in Mission 2062, Paris, 2013 IPAF Certified Participant of Cultural Leadership International forum, British Council, Lebanon, 2010 Cont. - 326 - FESTIVALS, EXHIBITIONS , PROJECTS ‘Flight’ Mural Routes, apprentice mentor artist, Toronto, 2002 ‘MINDFRAME’ – solo exhibition, Gallery 1265, University of Toronto, 2005 Bloom, Group fundraising showcase for aids awareness, Toronto, 2008 Silent Conversations, Group Exhibition, Tashkeel Gallery, Dubai, 2009 SKIN – collaborative exhibition, MOJO Gallery, Dubai 2009 Made in Tashkeel, group exhibition, Dubai, 2010 Stop motion music video: 3 Act Circus, screened at Gulf Film Festival, Dubai, 2010 Fakie – group exhibition – FN Designs – Dubai 2010 MinD – DUCTAC – Dubai 2011 Sikka Art Fair, live art, Dubai, 2011 Drawing the Line, group exhibition, Tashkeel, Dubai, 2012 32nd Annual Exhibition of Emirates Fine Arts Society Sharjah Art Museum, art installation, Sharjah, 2012 Yasalam, Abu Dhabi, 2013, 2014 Art Nights @ DIFC, curator and artist, Dubai, 2013, 2014, 2015 Street Nights – street festival – Dubai 2014, 2015 Street Con street art festival, Dubai, 2015 Tiger Translate –curator & artist. Dubai, 2015 Demolition Exhibition – Jersey City, 2015 Shubbak Festival – London, 2015 White Cross Street Party, London, 2015 Street Art showcase, NYU AD, Abu Dhabi 2015 The Word is Your Festival, Amman, 2016 Mother of the Nation Festival, Abu Dhabi, 2016 Abu Dhabi Art Fair, Abu Dhabi, 2016 Upfest, Bristol, UK, 2016, 2017 Dubai Walls, Dubai, 2017 Baladk Festival, Amman, Jordan 2017 Canada 150 commission, Dubai, 2017 Women in the Walls Festival, Toronto, 2017 Wonderwalls Festival, Adelaide, Australia 2017 Transformations Connected, Steps Initiative, Toronto, 2017 Tiger Air Ink launch exhibition, curator and artist, Dubai, 2017 Dubai Airport mural commission, Dubai, 2017 Todayatapple, artist spotlight, Apple, Dubai, 2017 8th Street Skate Park Project – Lakeshore Arts, Toronto, 2018 Waterford Walls Festival, Ireland, 2018 ArtEmaar, Dubai, 2018 Hands off the Wall Festival, Vien Museum, Vienna, 2019 Vector Institute mural project, Toronto, 2019 Stackt mural project, STEPS Initiative, Toronto, 2019 Castlefield Mural Project, Skinny Strong, Toronto, 2019 Beltline Urban Murals Project Festival, Calgary, 2019 CIMU Festival, UNAM university, Mexico City, 2019 Madinat Jumeirah mural commission, Dubai, 2019 Safe Flight Home – workshop series, STEPS Initiative, Toronto 2020 Street Money Galerie Sakura – 2020-Paris Summer Editions – group print show -Mestaria Gallery 2021 The Humans – mural commission – Miral – Abu Dhabi, 2021 Sneakers Generation, Galerie Sakura – Paris 2021 50|50 NFT Exhibition – Morrow Collective – Dubai 2021 Yas Village – mural series commission – Miral – Abu Dhabi 2021-2022 The Beasting, group exhibition, Kitchener, 2022 Viva Con Auga group exhibition, Millertntor Gallery, Berlin 2022 Sikka Art Fair, Arhead exhibit, Dubai 2022 Italian Contemporary Film Festival, group exhibition, Toronto, 2022 Meet the Streets Festival, Alberta, 2022 Aga Khan Museum public art commission finalist, Toronto, 2022 Sherlock Holmes Walk Mural Design project, group show, Toronto 2022 Maui Public Art Corps commission -community engaged project Maui, 2022 The Mural Fest-Utah, 2023 (ongoing) PREVIOUS CLIENTS RedBull Adidas Tiger Beer Vans Marriot Dubai Airports WWF Pepsi Jumeirah Pullman Jameson Virgin Megastore Canadian Consulate, UAE EMAAR Properties Meraas Kappa Absolut Miral apple - 327 - OUTREACH • Art Starts – workshops with youth -preparation for a production (2003) • Arts for Children of Toronto – workshops in schools with youth (2004) • MVF Foundation – Hyderabad, India – charity for victims of Child Labour (2005) • Scribble Foundation -Dharamshala – India -2015 – working with youth in impoverished communities to paint classrooms (2015) • Lexington Avenue – Jersey City –mural project (2016) • American Community School, Abu Dhabi – Mural workshops (2016) • Medecins Sans Frontiers Hospital – Amman, Jordan – Rehabilitation hospital in Amman treating victims with war related injuries – mural project with patients (2017) • Camp Ozanam – Camp for boys -Stoufville, Ontario – youth engagement mural (2017) • Gems International School, artist mentorship Dubai (2019) - 328 - Artist statement I grew up in Dubai. I went to school with kids from 90 different countries. As teenagers we would all congregate at a skate bowl on the beach. In 2016 when I was painting a wall in Jordan, I met the founders of an organization called Make Life Skate Life: a group that builds skate parks around the world topromote the sport but also to promote the sport as a place of congregation, community and expression. I skated myself briefly when I was 14 and have had friendships with skaters most of my life. I love that there is a universal language in skateboarding the world over. Giving children, youth and adults a ways of freedom, movement, expression and community building. As an artist, I find that the spirit of skaters in some ways resonates with being an artist, at least a street artist. Restless. Thrill seeking. Rebelious at times. Counter-culture. And in love with a feeling. Through my career I have had some interactions with the world of skaters: I’ve painted skateboards, painted skate shoes for Vans, I’ve done some freestyle skatepark painting in London where I would spend hours watching skaters. I painted my first ground skate piece in Mimico a couple of years ago, I’ve painted skate ramps at RedBull pop ups in Abu Dhabi and have developed a pretty good understanding of the functionality of components in a skate park and how skaters move through it. I think that would be an important aspect of this project. I’ve had a fair bit of experience with community engagement; it’s actually what I’ve learnt best working in Canada. My two most extensive community engagementprojects would be the Safe Flight Home project with the Steps Initiative in 2020 that involved running workshops for 50 participants and then incorporating theirartwork into vinyl murals displayed at TTC stations. My most recent mural project in Hawaii involved 6 weeks of community conversations to really find themes, colours, ideas that were important to the people in thetown of Kahului and then in my own style interpret and incorporate them into a striking and professional-grade mural that resonates the most with the locals. When I paint public murals, I do find being relevant to the local community is important because they are the people who ultimately will live with the work everyday and use itas a placemaker. I think that goes even more for a skatepark. In 2018 I painted a skatepark in Mimico, Toronto (image attached) with Lakeshore Arts. I designed the piece based on vintage skateboard artwork and symbols I thought were relevant to the culture. For this particular project I spent some time observing the movements of skaters as they travel through the skate park that resulted in painting an eagle in flight. I shared this with skaters I know to ensure it made sense for them. The project also involved engaging emerging artists in theneighbourhood in priming and some painting (as per their abilities) and knowledge sharing during the process. In general, I have been painting murals for over 12 years in 10 countries on surfaces from plaster to brick to concrete. My largest project spanned 8600 sq meters over 7 buildings in Abu Dhabi in 2022. I particularly enjoy working on concrete. I’ve worked with a team of assistants and I’ve worked alone. And I’ve almost always managedmy own projects so I have a pretty strong understanding of seeing pretty large scale projects from initial conversation to completion and handover. That coupled with running my own artist-solution company in the UAE for 10 years (www.thedomino.org) I’m also interested to paint a skate park again because I think my skills as an artist have developed a fair amount since 2018 and I’d like to have another go at it. There were a lot of moments of learning in that project in 2018 which I feel will carry over to make this project even more successful. - 329 - Community engagement • For the community engagement process, I will involve Mural Routes, an organization based in Toronto who activates communities by facilitating the creation of responsive, collaborative murals. Mural Routes’ work is rooted in the belief that murals are a catalyst for community building – community consultation and engagement processes are embedded in the work that they do. They have had a long history of community engagement and consultation for all of their murals. Each mural project has offered a different process, customized to each of the different communities they have been involved with (drop-in sessions, online surveys, etc.). Mural Routes has also embedded accessible mural workshops and education as a part of community consultations to empower and engage local residents for many mural projects. • Plan detailed in Scope of Work. - 330 - Previous work - 331 - Ka Wahine o Kekoa Aerosol, primed and sealed Maui, Hawaii , 2022 15x12m Maui Public Art Corps - 332 - ‘The Humans’ Yas Bay, Yas Island, Abu Dhabi Emulsion and spray paint 2021 Approx. 2600 sq m around Commissioned by Miral - 333 - For the love of birds’ Abu Dhabi, UAE 2020 Approx. 8600 sq m Emulsion and aerosol Miral - 334 - ‘Ceann Cait’ Waterford , Ireland 2018 Approx. 22 x 4.5 m Waterford Walls, Aerosol - 335 - Migration’ Calgary 2019 Approx. 25 x 6 m BUMP Festival, Aerosol - 336 - ‘Xoloitzcuintli’ CIMU Festival, Aerosol Mexico City 2019 Approx. 10 x 8 m - 337 - 8th Street Skate Park Lakeshore Arts Mimico, Toronto Aerosol on primed concrete 2018 - 338 - The congregation of Ducks Red Deer Festival 2022 25m x 13m Aerosol Red Deer, Alberta - 339 - Some links of interest: • https://stepspublicart.org/project/safe-flight-home-fatspatrol-public-art-north- york-window-murals/ • https://www.fats.ink/art?pgid=k9mrmghq-f64d4282-2792-40ac-808b- b6ff48233242 • https://www.fats.ink/art?pgid=k9mrmghq-e8abad4b-6a21-4fff-89a1- c50859f8840a • https://www.fats.ink/art?pgid=k9mrmghq-16564ef6-32d9-492e-81a9- e1fb364737b8 - 340 - Scope of work: process 1. Site visit : important first step in seeing the scale in real life. Eliminating which areas should definitely not be painted (for instance rampstend to see the quickest wear, rails should not be painted). Gauge where there could be challenges. Identify best areas to paint. Speak to any locals who might be around. Picking up on any first thoughts and challenges. Also speak to skaters at 8th Street Skatepark about where the most wear was, how the paint affected wheels, any other considerations from the previous project. 2. Initial in-person Meet & Greet With the West Shore community members – this facilitated event will allow us to share about the project and Lead Artist andget to hear about the community and what residents enjoy about it. These initial conversations will inform the theme of the project. Paying close attention to reach and engage the skate community. Plant food for thought, provide contact details for participants to send through feedback. Details (tbc): Mid July, 2 hours Mural Routes will work with a facilitator to engage the local community. This session will take place indoors, in-person, ideally near the project site. 15 min: attendees arrive, informal meet and greet with other attendees, Mural Routes staff and lead artist 30-45 min: Q&A with local community members in attendance. The facilitator will prepare and ask questions that inviteattendees to speak to their connection to the site and the reasons they enjoy the community – ie. ’what makes you proud of being part of this community?’ What would you like someone visiting to know about this community?” might be some of the questions asked. 30 min: presentation by Mural Routes about their approach to community engagement. Presentation by Fatspatrol about her artistic journey, body of work, style, previous work, inspirations, etc. Q&A with lead artist. 15 min: attendees will be able to ask any final questions about the project and ways to be involved. 15 min: wrap up and goodbyes. (schedule tbc) - 341 - 3. Graffiti/aerosol workshops – we will offer two aerosol workshops, led by fatspatrol, which will be geared towards youth. Local youth will be able to learn artistic skills from a professional, practising artist. Feedback received during these workshops will further contribute to the final mural design and select participants may be involved in certain safe and manageable aspects of mural execution. Details: (tbc) late July -Early August: two aerosol workshops, 2.5 hours each. This session will take place outdoors, in-person, ideally next to the project site. 60 minutes: supported by Mural Routes, fatspatrol will demo different techniques, styles, tools for working with spray paint and share tips with participating youth. This includes different pressure cans, caps, and angles as well as sketching up, filling, shading, etc. The artist will also speak to the graffiti art culture and the skillset needed to participate in mural projects. 90 minutes: time for hands-on practise with aerosol on Masonite boards (unless an allocated wall is provided -preferred). Participants will be able to receive feedback during practise to improve techniques. All materials will be provided by Mural Routes (aerosol cans, respirators, boards, etc.) 4. Sketching– artist will work on rough sketches and concepts to be presented to the community. These will take into consideration the material gathered so far as well as her own research and contribution. Artist will prepare a presentation for the community that shows how input has been incorporated into artwork and breakdown the components and a detailed plan of action is drawn up. - 342 - 5.Community consultation event – the lead artist will present initial concepts and designs to community members for them to provide further feedback and narrow down the components that do and do not work. The final design will be shared with all participants across the various communityengagement activities to build momentum for production time. Late August: Community Consultation Event (90 min). This session will take place indoors, in-person, ideally next to the project session. 15min: attendees arrive, informal meet and greet with other attendees, Mural Routes staff and lead artist 20—30 min: Fatspatrol will present design concepts and elaborate on elements, inspirations, representations and connection back to community input. 10 min: community members in attendance will vote for their favorite concept. 5-10 min: wrap up and goodbyes 6.Final design work: September (10 days – 2 weeks) finalize artwork, identify colour palette and write a working schedule for execution. Order paint asap. Prepare artwork for mapping. Render. 7.Prep: purchase paint and materials as needed, finalize any assistants and their roles . Identify storage space and access. Confirm schedule. 8.Painting : October (tbc) Chalk up and cordon off mural area -youth from workshops may help with the mapping out of the artwork as an exercise in understanding how artwork is blown up to scale. Transport materials to site and store under lock and key. Take stock. Prime paint area with assistance from community members – 2-3 helpers from engagement groups will help apply primer with rollers. A concrete-specific primer. It would be smart to set up a small test patch to gauge how porous the surface is. Ie how many layers of primer and paint will be required. Paint mural with assistance where appropriate and within comfort level.. (paint time tbd based on square footage and design detail). Allocate 2 weeks up to 8 hours per day, 5-6 days a week. Painting will be done primarily with aerosol where possible. Some outdoor emulsion paint may be used for large colour blocking or underpainting. Apply sealant with community assistance. – rolled on to surface. 9.Clear work site –remove all materials. 10.Unveiling and community celebration – late October.- 343 - Budget breakdown Minus HST : Budget = $28,300 Approx. budget breakdown: • 2000 -Design fee: design options, design adjustments, final artwork and renders • 5000 -materials : primer, spray cans, outdoor paint, sealant, rollers, caps, extension polls, buckets, rags, etc. (storage solution tbc.) • 1000 – insurance • 1000 -Travel: from Toronto to meetings, consultations, workshops and to site during project execution • 5000 – community consultation – Mural Routes • 14,300 -artist fees – inclusive of any hired assistants, artist work on site (execution of design) and final statement on the project - 344 - FATSPATROL www.fats.ink Fathima@thedomino.org @fatspatrol - 345 - Report to Executive Committee Report Number: CS 19-23 Date: June 5, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Request for Proposal - Recreation & Parks Master Plan - File: A-1440-001 Recommendation: 1. That proposal for Request for Proposal No. RFP2023-3 submitted by Monteith Brown Planning Consultants for the Recreation & Parks Master Plan and Arena Strategy in the amount of $224,820.00 (excluding HST) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the Recreation & Parks Master Plan in the amount $228,777.00 (net of HST rebate) from as approved in the 2023 Current Budget as follows: a) The sum $171,583.00 to be funded from the Development Charges – Parks & Recreation Reserve Fund; b) The sum of $57,194.00 to be funded from Property Taxes; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Request for proposal No. RFP2023-1, for the development of a Recreation & Parks Master Plan and Arena Strategy was issued on March 20, 2023 with a submission deadline of April 13, 2023. Four companies submitted proposals. The Evaluation Committee, consisting of staff from Community Services, Operations and Engineering Services reviewed and evaluated the proposals received using criteria outlined in the bid document. It is the recommendation of the Evaluation Committee that Monteith Brown Planning Consultants, as the top-ranked Proponent, be awarded this project in the amount of $224,820.00 plus HST. In accordance with Section 10.04 (c) of the Purchasing Policy, where written proposals are obtained in accordance with procedures set out in Section 06 and funds are available in the approved budget, an award over $50,000.00 is subject to the additional approval of Council. ___________________________________________________________________________ - 346 - CS 19-23 June 5, 2023 Subject: Request for Proposal – Recreation & Parks Master Plan Page 2 Financial Implications: 1. Estimated Project Costing Summary Agreement $227,220.00 Total Project Cost HST (13%) $224,820.00 29,227.00 Total Gross Project Costs $254,047.00 HST Rebate (11.24%) (25,270.00) Total Net Project Costs $228,777.00 2. Approved Source of Funds Approved Code Source of Funds Budget Funds Required 10200.502230.0000 10200.502230.0000 Development Charges – Parks & Recreation Property Taxes $147,900.00 79,300.00 $171,583.00 57,194.00 Total $227,200.00 $228,777.00 Project Cost under (over) approved funds by ($1,577.00) The Recreation & Parks Master Plan Update was approved in the 2023 Current Budget at $197,200 (funded $147,900 by Development Charges and $49,300 by Property Taxes) and the Arena Strategy was also approved separately in the budget at $30,000 (fully funded by Property Taxes). However, Finance staff explored the opportunity to now have the “Arena Strategy” partially funded from Development Charges. Therefore, Development Charges funding was increased by $22,106.00 with corresponding savings to the Pickering taxpayer for the same amount. Discussion: The Recreation & Parks Master Plan provides the City with up-to-date insight on community needs, and effective ways to deliver programs and services. In 2018, the City of Pickering approved the last Recreation and Parks Master Plan (Council Resolution #389/18). A new plan is now necessary to inform and guide the City’s future facility needs as much has happened since 2017 that would be key determinates for future park and recreation needs in the community including changes in current and future community demographics, changing recreational behavior patterns, and aging community facilities. The plan is intended to provide a strategy and direction for future goals and objectives related to recreation and parks facilities. The plan will be designed to adapt to changes in the City’s demographics and growth areas, as well as the social, educational, cultural and sport and recreational needs of the community with a focus on accessibility, diversity and inclusion. This - 347 - CS 19-23 June 5, 2023 Subject: Request for Proposal – Recreation & Parks Master Plan Page 3 project will update the City of Pickering Recreation & Parks Master Plan for the period of 2024- 2033. In addition to the Master Plan, the consultant will also deliver a comprehensive Arena Strategy. RFP2023-3 for the Recreation and Parks Masterplan was advertised on the City’s bids&tenders portal on March 20th , 2023. Staff from Community Services, Operations and Engineering Services reviewed and evaluated the proposals received using criteria outlined in the bid document. Proposals were evaluated and scored based on the consultant’s experience on similar projects, their understanding of the project, project team overview and their pricing. Monteith Brown Planning Consultants was the top-ranked Proponent, and is recommended for award. Upon careful examination of all proposals and relevant documents received, the Evaluation Committee recommends acceptance of the proposal submitted by Monteith Brown Planning Consultants in the amount of $224,820.00 plus HST. Attachment: 1. None Prepared By: Approved/Endorsed By: Sarah Douglas-Murray Director, Community Services Cathy Bazinet, CPPB, NIGP-CPP Manager, Procurement Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer SDM:kh 2ULJLQDO6LJQHG%\ 2ULJLQDO6LJQHG%\ 2ULJLQDO6LJQHG%\ - 348 - CS 19-23 June 5, 2023 Subject: Request for Proposal – Recreation & Parks Master Plan Page 4 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer 2ULJLQDO6LJQHG%\ - 349 - Report to Executive Committee Report Number: CS 20-23 Date: June 5, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Rotary Frenchman’s Bay West Park - Direct Commission of Public Art - File: A-1440-001 Recommendation: 1. That Council endorse that the direct commission of public art for Rotary Frenchman’s Bay West Park be awarded to SpruceLab Inc. in the amount of $80,000.00 (HST included); 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $72,043.00 to be funded by a transfer from the Public Art Reserve as approved in the 2023 Current Budget; 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between SpruceLab Inc. and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The Rotary Frenchman’s Bay West Park (RFBWP) Master Plan was updated and approved at the Executive Committee Meeting of November 5, 2020. The RFBWP Master Plan includes 8 Interpretative Nodes that include public art and interpretative elements as part of the planned park design. This artwork will be located in one of the eight designated Interpretative Nodes. With the approval of the 2023 Current Budget, Council endorsed the funding to carry out the purchase of public art for the RFBWP. The Public Art Policy (CUL 130), outlines the criteria, processes and guidelines by which public art is procured by staff at the City of Pickering. The Purchasing Policy (PUR 010) outlines the criteria, processes and guidelines for the procurement of goods and services for the City of Pickering. Section 09.10 of the Purchasing Policy states that “Public Art Project purchases or Public Art projects with costs that exceed $25,000.00 are subject to Council approval”. Therefore, the purpose of this Report is to seek Council endorsement to proceed with the direct commission of public art for RFBWP at a cost of $80,000.00 (HST included). - 350 - CS 20-23 June 5, 2023 Subject: Rotary Frenchman’s Bay West Park Page 2 Financial Implications: The Public Art Project for RFBWP is reflected in the approved 2023 Culture & Recreation - Admin (10200) Current Budget in the amount of $80,000.00. The net project cost is to be funded from the public art reserve in the amount of $70,825.00. 1. Estimated Project Coasting Summary Artist Quotation $70,796.00 Total Project Cost HST (13%) Total Gross Project Costs HST Rebate (11.24%) $70,796.00 9,204.00 $80,000.00 (7,957.00) Total Net Project Costs $72,043.00 2. Approved Source of Funds Approved Code Source of Funds Budget Funds Required 502520.10200.9710 Public Art Reserve $80,000.00 $72,043.00 Project Cost under (over) approved funds by $7,957.00 The remaining funds of $7,957.00 will be used for signage, lighting, communications and an unveiling event. Discussion: Pickering's waterfront provides countless recreational and business opportunities, offers some of the region’s best surfing and kite boarding, and gives residents a place to relax and socialize. The vision of the Mayor’s task force on the Pickering Waterfront (Town of Pickering 1998) states, “The Pickering Waterfront should create a distinct sense of place…this sense must be nurtured by not only our heritage and unique natural setting, but also by what the waterfront represents to Pickering residents and visitors of all ages and abilities". The development of the RFBWP has become an integral component of this Vision. Phase 2 of the Master Plan of Rotary Frenchman’s’ Bay West Park is currently being completed, with updated pathways, comfort station and landscaping expected to be completed in Fall, 2023. There is an opportunity to add elements of public art and placemaking to Interpretative Nodes in the park design. The City of Pickering’s Cultural Strategic Plan (2014) set in Attachment 3 outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and - 351 - CS 20-23 June 5, 2023 Subject: Rotary Frenchman’s Bay West Park Page 3 the arts; to sustain our natural environment; to foster a creative economy; and, to strengthen our vibrant neighbourhoods. As per Section 08.01 of the CUL 130 Public Art Policy (the Policy), Direct Invitation/Commission or Purchase (Single/Sole-Source) occurs when a single artist is identified to complete a Public Art project. At the meeting on December 13, 2022 with the Indigenous Relationship Building Circle (IRBC), IRBC members recommended direct commission for this artwork, with the principle that Indigenous artists should not compete for opportunities. Canadian Artist Representation Indigenous Protocols for the Visual Arts (2022)also supports this method of commission. In November 2022, the City of Pickering engaged three artist teams to provide consultation to determine infrastructure needs for public art and inform an Open Call for public art at the Pickering Heritage & Community Centre (PHCC). At that time, SpruceLab Inc. submitted a concept for two public artworks at the PHCC. Artist concepts were reviewed by City staff who found that the concept submitted by SpruceLab Inc. for the public art Dkibi was more strongly aligned with the identified Terms of Reference (Attachment 2) for public art at the RFBWP location than the PHCC site. RFBWP Terms of Reference call for a permanent art piece to be created by Indigenous artists. The work is to be highly durable and suitable for the location, complementing the site and surrounding ecological environment. Given the park’s proximity to water, the work is to consider ways of celebrating water in playing a critical role in both the natural and cultural histories of Pickering. The public artwork Dkibi met all of these requirements and has therefore been recommended for the RFBWP site instead of the PHCC project. For the public art proposal SpruceLab Inc. has partnered with the Indigenous-led artist collective Dbaajmowin (story/narrative, Ojibwe Eastern and Odawa dialect). Indigenous-led artist collective Dbaajmowin is comprised of Anishinaabe artists Amber Smith Quail and Karl Chevrier, and sculptor, Jacques Baril. As per Section 07.02 of the Policy, a Public Art Jury must be established for each acquisition of $25,000.00 and over in value. The Public Art Jury is to be organized on a case by case and project by project basis. The Public Art Jury evaluates the artist proposals in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of the Policy. A Public Art Jury was convened to judge the submissions based on criteria established in the Public Art Policy. Spruce Lab Inc. presented their concept to the Public Art Jury on May 9, 2023. Based on the jury’s review SpruceLab Inc. was recommended as the Artist to be awarded the direct commission of the public art at RFBWP. The Public Art Jury recommendation was endorsed by the Public Art Committee on May 11, 2023 and by the Cultural Advisory Committee on May 16, 2023. Their public art submission by SpruceLab Inc. in collaboration with the Indigenous-led artist collective Dbaajmowin is set in Attachment 3. SpruceLab Inc. made the following statement: - 352 - CS 20-23 June 5, 2023 Subject: Rotary Frenchman’s Bay West Park Page 4 “The art installation is inspired by the principle of ‘respect’, and the Haudenosaunee Teaching to think and act in ways that consider seven generations back and seven generations into the future. Dkibi (‘a spring’, in Anishinaabemowin, Eastern dialect, ‘kih-bih’) is a story about Water, which has always played a critical role in the natural and cultural histories of the Pickering area. Water is a creative force through time, from carving the nearby slopes of the ancient Lake Iroquois, to the ever-flowing groundwater that replenishes wells. When water rises to the surface, a spring is formed, showing it as a life force.” Staff request that Council endorse the commission of public art for RFBWP be awarded to SpruceLab Inc. in the amount of $80,000.00 (HST included). The Letter of Understanding (Attachment 1) was drafted by Cultural Services staff and reviewed by Legal Services and Finance. The Letter of Understanding defines the relationship and responsibilities between the City and the Artist. Staff are requesting Council to authorize the Mayor and City Clerk to execute the Letter of Understanding with SpruceLab Inc. The installation will take place in Fall, 2023. Attachments: 1. Agreement – Letter of Understanding 2.RFBWP – Terms of Reference 3. SpruceLab Inc. – RFBWP Artist Submission Prepared By: Approved/Endorsed By: Original Signed By:Original Signed By: Laura Gibbs, MBA, MSc Sarah Douglas-Murray Division Head, Culture & Community Director, Community Services Programming SDM:lg Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 353 - Letter of Understanding Public Artwork Agreement This agreement made the Day/Month/Year BETWEEN: SpruceLab Inc. (hereinafter called “the Artist”) AND THE CORPORATION OF THE CITY OF PICKERING (hereinafter called “the City) 1.Introduction This Letter of Understanding pertains to the creation and installation of the artwork for the Rotaory Frenchman’s Bay West Park (RFBWP) for the City of Pickering. This document defines the relationship and responsibilities between the City and the Artist. The final artwork is to be unveiled November, 2023. This Letter of Understanding conforms to the City of Pickering Public Art Policy (CUL 010) and the City of Pickering Standard Quotation Terms & Conditions. 2.Background The Rotary Frenchman’s Bay West Park (RFBWP) Master Plan was updated and approved at the Executive Council meeting on November 5, 2020. The RFBWP Master Plan includes 8 Interpretative Nodes that include public art and interpretative elements as part of the planned park design. This artwork will be located in one of the eight designated Interpretative Nodes. With the approval of the 2023 Current Budget, Council endorsed the funding to carry out the purchase of public art for the RFBWP.. This public art piece called Dkibi (‘a spring’, in Anishinaabemowin, Eastern dialect, ‘kih-bih’), is to be created and executed by SpruceLab Inc. alongside the Indigenous-led artist collective Dbaajmowin comprised of Anishinaabe artists Amber Smith Quail and Karl Chevrier, and sculptor, Jacques Baril. Artwork proposal under Schedule B. Spruce Lab Inc. presented their concept to the Public Art Jury on May 9, 2023. Based on the jury’s review SpruceLab was recommended as the Artist to be awarded the direct commission of the public art at RFBW P. The Public Art Jury recommendation was endorsed by the Public Art Committee on May 11, 2023 and by the Cultural Advisory Committee on May 16, 2023. Based on the SpruceLab Inc. were recommended as the Artists to be awarded the direct commission of public art at RFBWP. 3.Definitions Artwork - The “Artwork” means the final piece of artwork developed from the design, model, and specifications provided by the Artist and approved by the City, which Artwork is more particularly specified in Schedule “B” attached hereto. The Work - The “Work” means designing, producing and fabricating the Artwork as well as delivering and installing it at the Place of Installation. Attachment #1 to Report CS 20-23 - 354 - Letter of Understanding Public Artwork Agreement Place of Installation - The “Place of Installation” is to be determined through first nations community consultation, however it is understood that the work will be installed at RFBWP as specified in Schedule “A” attached hereto. 4. Artist Fee: Compensation and Payment Schedule a) The all-inclusive price to be paid by the City for the Artwork, completed and installed shall be $80,000.00 CAD, inclusive of all applicable federal and provincial taxes including HST. b) Each stage of the payment shall be accompanied by a detailed summary of work completed by the Artist that including updated drawings and images that states that the Work has progressed and is proceeding according to schedule C and will be installed by the Delivery Date (as defined below). c) HST shall be enumerated as a separate item on each staged and scheduled payment pursuant to this Article. Payment shall be structured in a payment schedule to the Artist as follows: i) $26,666.66 at and the end of Phase 2 which includes execution of the agreement by all parties, preliminary fabrication schedule, confirmation of location and submission of an invoice from the Artist; ii) $26,666.66 - at the end of Phase 3 which includes final sign off on shop drawings for production, a shipping and installation plan and submission of an invoice from the Artist; and, iii) $26,666.68 at the end of Phase 4 which includes installation of the artwork to the satisfaction of the City at RFBWP and upon submission of an invoice from the Artist. The City agrees: a) to pay the Artist all funds due and as provided for herein. 5. Payments of Sub-Contractors The Artist agrees: a) to ensure that payments will be made to all suppliers and subcontractors that may be engaged by the Artist in regard to the design, fabrication, storage, delivery and installation of the Artwork. At the City’s request, the Artist shall provide evidence of such payment. 6. Performance The Artist agrees: a) to provide all work and materials necessary to create the Artwork and to fulfill all its obligations as set out in this Agreement; - 355 - Letter of Understanding Public Artwork Agreement b) that the materials, methods and processes used to produce the Artwork shall be of first-class quality and expressive of the approved design; and c) to use first class skills, diligence and workmanship as are normally found in the artistic profession, and ensure that all materials incorporated into the Artwork are of the utmost quality and design. 7. Timelines and Completion of Deliverables The Artist agrees: a) to complete the installation of the Artwork to the satisfaction of the City no later than October 31, 2023 (“the Delivery Date”) or such later date as may be agreed upon by the Artist and the City in writing. The installation will include a maintenance/conservation plan submitted by the Artist; b) during the design and production of the Artwork, to keep the City advised of the status of the production of the Artwork. If required by the City, the Artist shall allow representatives of the City to view the Artwork during its various stages of production or provide progress photographs; c) to submit a progress report and invoice, with supporting receipts and invoices from sub- contractors, in the form specified by the City, prior to each payment date set out in Schedule “C”. d) to provide a conservation and maintenance plan; and e) to provide to the City photographs of the Artwork during and after installation in accordance with Schedule “C”. The City agrees: a) to ensure that should the Artist require direction in any regard to the design, fabrication or installation of the Artwork, the City shall provide such direction in a prompt and timely fashion. 8. Detailed Design The Artist agrees: a) To evaluate all material and data relevant to the Artwork as provided by the City and shall facilitate production of the final design, working with the Cultural Services Unit and [other City departments and design team members, as needed] and, in order to finalize the detailed design and the exact location of the Artwork within the Installation Site, to the satisfaction of the City. 9. Specifications The Artist agrees: a) to provide detailed drawings and specifications to the satisfaction of the City and shall advise the City, in writing, through the Coordinator, Public Art, of all factors relating to the Artwork’s theme, budget, critical path, location, size, materials, structural, mechanical and technological - 356 - Letter of Understanding Public Artwork Agreement requirements, installation methods, and future maintenance requirements, to be determined by the Artist in consultation with the Coordinator, Public Art; and b) Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of prior written authorization by the Division Head, Culture and Community Programming provided however, that the City’s objection to any feature of the Artwork which is reasonably attributable to the exercise of the Artist’s aesthetic judgement during the progress of the development of the Artwork shall not be considered a substantive change and shall not be a basis for withholding acceptance or payment for the Artwork. 10. Permits and Engineers Stamp The Artist agrees: a) to obtain at the Artist's sole cost and expense, all permits necessary for the delivery and installation of the Artwork and prepare all materials, documents, reports, plans and drawings, required in order to obtain any Structural Engineers' stamps required in connection with the manufacture and installation of the Artwork at the Installation Site. 11. Delivery, Installation and Protective Measures The Artist agrees: a) to be solely responsible for all costs and supervision of the actual fabrication, production and installation of the Artwork including the cost of any site preparations or safety precautions that are required for the installation of the Artwork in its final location unless otherwise specified by the City. If protection during installation is required, then the Artist is to provide it; b) to deliver the Artwork to the specific site as set out in Place of Installation, free from all defects and in compliance with the specifications as outlined in Schedule “C” attached hereto; c) The Artist shall coordinate the installation of the Artwork with the Coordinator, Public Art and permit such inspections of the installation as the City may require. If any costs result from the Artist failing to coordinate the Artist's work with that of [City divisions and contractors], all such costs shall be borne by the Artist; d) upon installation of the Artwork, to clean the Artwork to ensure that all dirt, imperfections and extraneous materials are removed from the Artwork; and e) that installation shall have been deemed to be complete when acceptance by the City or by its designated agent. The City agrees: a) to provide, at its expense, a permanent marker in keeping with the quality and type of the Artwork which will identify the name of the Artist, the name of the Artwork and the year of the Artwork. 12. Damage to Artwork and Artist’s Property The Artist agrees: - 357 - Letter of Understanding Public Artwork Agreement a) that in the event of physical loss or damage to the Artwork prior to completion of installation and acceptance of the Artwork by the City, the Artist shall immediately take all necessary steps to rectify the loss or damage by repair, restoration, replacement or other appropriate means as soon as is reasonably possible at no additional expense to the City. Where necessary, the Artist may collect insurance proceeds before rectifying the loss or damage and shall rectify the loss or damage as soon as is reasonably possible after receipt of said funds; and b) to be responsible for any loss or damage whatsoever to any of the Artist's materials, goods, equipment or supplies and will maintain all-risk coverage as required by this Agreement and as any prudent owner of such materials, goods, supplies and equipment would maintain. The Artist shall have no claim against the City or the City’s insurers for any damage or loss to the Artist's property and shall require his insurers to waive any right of subrogation against the City. The City agrees: a) that following acceptance of the Artwork, the City will use its best efforts to maintain and repair any damage done to the Artwork by vandalism or other means substantially in accordance with the conservation and maintenance plan to be provided by the Artist. The City will make reasonable efforts to inform the Artist of such damage and to offer the Artist the opportunity to consult with the City on the proposed repairs. 13. Warranty, Repair and Maintenance The Artist agrees: a) that upon receipt of the Artwork, should the City find any deficiencies in the Artwork, it will advise the Artist in writing and the Artist must rectify such deficiency within ten (10) days of receipt of such notice. Should it not be possible to complete rectifying the deficiencies within ten (10) days, the Artist shall provide a Schedule to the City that is acceptable to the City indicating when completion will occur; b) in the event that the Artwork shall require repairs subsequent to the date of completion arising from normal weathering and “wear and tear”; then in such event the City shall advise the Artist in writing as to the nature of such repair and offer the Artist first right of refusal to carry out such repair within times and consideration as mutually agreed upon by the City and the Artist. Should the Artist fail to advise the City within thirty (30) days of receipt by the Artist of the written offer, or should the Artist and the City fail to agree on times and consideration, then in any such event the City, or a third party hired by the City, shall be at liberty to carry out any and all repairs. In determining the time and consideration for such repairs, both parties agree to act reasonably; and c) notwithstanding the foregoing and with the exclusion of the maintenance criteria set out in the conservation and maintenance plan submitted by the Artist, during the first three (3) years after installation and acceptance by the City, the Artist agrees to repair any defects or deficiencies (normal weathering and “wear and tear” excepted) in the Artwork without any charge to the City. - 358 - Letter of Understanding Public Artwork Agreement The City agrees: a) to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the City considers to be appropriate and in accordance with the conservation and maintenance plan to be approved by the City and that will be provided by the Artist. 14. Removal and Relocation of Artwork The City agrees: a) to endeavor to exhibit the Artwork in the original location and in its original and complete format subject to the City’s right to decommission or remove the Artwork or a particular piece thereof for reasons which may include, but are not limited to, the structural integrity of the Artwork, expiry of the expected lifespan of the Artwork, extensive or irreparable damage or vandalism or by reason of the necessity to accommodate the effective operation of the Log Barn; and b) to consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 15. Insurance The Artist agrees: a) that upon request by the City, the Artist shall take out and keep in force a policy of liability insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as may be required), and not less than two million ($2,000,000.00) automotive liability insurance coverage. Certificate(s) of insurance shall be provided upon request by the City. i. The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all operations performed by or on behalf of the Company, a certificate of insurance shall be completed by the Company’s agent, broker or insurer. ii. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. iii. If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $2,000,000.00 and an automotive liability policy insuring the City in the amount of two million ($2,000,000) at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. - 359 - Letter of Understanding Public Artwork Agreement 16. Indemnification The Artist agrees: a) to indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgments, or costs which may arise from any physical deficiencies or deformities or structural failures of the Work which render the Artwork inconsistent with the approved design. The Artist agrees that this indemnity shall survive the period of time required to fulfill this contract and extend to the useful life of the Artwork and shall be binding upon the Artists’ personal representatives, administrators, executors and assigns; b) to indemnify the City, its Mayor and Councillors, employees and agents from and against all liens, all builders liens, claims, actions, costs and damages which may arise during installation of the Work on the Place of Installation. No finding of negligence, whether joint or several, as against the City in favour of any third party shall operate to relieve or shall be deemed to relieve the Artist in any manner from any liability to the City, whether such liability arises under this Agreement or otherwise; and c) to warrant that the Artwork is original to the Artist and does not violate any copyright of any other person. The Artist shall indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgements or costs that may arise from the allegation that the Artwork is not original to the Artist. 17. Occupational Health and Safety Act The Artist agrees: a) to conform to and enforce strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").; b) that nothing in this Agreement shall be construed as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Artist either instead of or jointly with the Artist; and c) that it will ensure that all subcontractors engaged by it are qualified to perform the services and that the employees of the Artist and of all subcontractors are trained in the health and safety hazards expected to be encountered in the Services. 18. Workplace Safety & Insurance The Artist agrees: a) that all of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board; b) to provide the City with a Clearance Certificate prior to final payment certifying all payments by the Company to the Board in conjunction with the subject Contract have been made and that - 360 - Letter of Understanding Public Artwork Agreement the City will not be liable to the Board for future payments in connection with the Company’s completion of the project; and c) that a Company deemed to be an Independent Operator by the Workplace Safety & Insurance Board will provide a copy of such letter to the City containing the Independent Operator identification number issued by the Board. An Independent Operator must be covered by WSIB optional insurance and provide proof of this coverage upon request. 19. Delays The Artist and the City agree that: a) neither party shall be responsible for any failure to comply with or for any delay in performance of the terms of this Agreement including but not limited to delays in delivery, where such failure or delay is directly or indirectly caused by or results from events of force majeure beyond the control of the party sought to be charged. These events shall include, but not be limited to fire, earthquake, accident, civil disturbances, war, rationing, allocation of embargoes, strikes or labour problems or delays in transportation, inability to secure necessary materials, parts or components, delay or failure of performance of any supplier or subcontractor, acts of Nature or acts of Government. 20. Early Termination The Artist and the City agree that: a) notwithstanding any other provision of this Agreement, the City may, at any time and without cause, prior to completion of the Artwork, terminate this Agreement by providing sixty (60) days' notice in writing to the Artist. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; b) failure of the Artist to perform its obligations under the Agreement shall entitle the City to terminate the Agreement upon ten (10) calendar days’ written notice to the Artist if a breach which is remediable is not rectified by the Artist to the City's satisfaction and within the timeframe set out in the City's notice of breach. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; c) all rights and remedies of the City for any breach of the Artist's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Agreement or otherwise at law; - 361 - Letter of Understanding Public Artwork Agreement d) no delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy; and e) upon termination, all work and material of the Artist pertaining to the Artwork shall be delivered to or retained by the City at no further cost or liability to the City. 21. Ownership The Artist and the City agree: a) ownership of the Artwork, the model/maquette and all documentation supplied to the City in connection with the Artwork, will vest in the City upon final payment for same. 22. Copyright The Artist and the City agree that: a) copyright in the Artwork shall remain with the Artist. The Artist agrees: a) to hereby grant the sole, perpetual and royalty free license to exhibit the Artwork in public and to use photographs, drawings, film, video, and other mechanical reproductions of the Artwork throughout the world to the City for publicity purposes only. b) to authorize the City to use the Artist’s name in connection with the Artwork and in the promotion and advertising of the City. c) not to replicate the Artwork for any other client or purchaser. d) to use best efforts to give credit to the City as the owner of the Artwork. The City agrees: a) to use its best efforts to have the Artist’s name associated with the Artwork in photographs, drawings or other reproductions of the Artwork except where the Artwork is not the primary subject of the said reproduction. 23. Death or Incapacity of Artist The Artist and the City agree that: a) in the event of a death or incapacity of the Artist before the complete installation of the Artwork, the City shall be vested with title to the unfinished Artwork upon paying the Artist, their personal representatives, administrators, executors or executrix a sum in the direct proportion of the percent of the Artwork completed to that date as determined by the City and shall be permitted to complete the Artwork in a manner generally consistent with the original design of the Artist. - 362 - Letter of Understanding Public Artwork Agreement 24. Mediation The Artist and the City agree: a) that all disputes pertaining to the interpretation or implementation of this Agreement shall be resolved first by good faith negotiation between the parties. In the event that a dispute cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences and failing agreement on the procedure to be followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a settlement of the dispute, any unresolved issues may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be chosen, it will be conducted in accordance with the “Rules of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the Arbitrations Act; and b) any claim or action brought pursuant to this Agreement shall only be brought in the courts of the Province of Ontario. This Agreement forms the entire agreement between parties and no other representations either oral or written shall form part of this Agreement. The rights and remedies of the City under this Agreement are cumulative and in addition to any rights and remedies provided by law or equity. To the City at: The City of Pickering One the Esplanade Pickering, Ontario The City’s Representative for the purpose of this Agreement will be Laura Gibbs lgibbs@pickering.ca To the Artists at: SpruceLab Inc. sheila@sprucelab.ca https://sprucelab.ca/ Or to such other address or person as the parties may designate to each other in writing. - 363 - Letter of Understanding Public Artwork Agreement It is deemed that notice is received five (5) days after the mailing of any notice or upon delivery, if personally delivered. IN WITNESS WHEREOF the parties hereto have had this Letter of Understanding executed. ____________ _______________ Full name, artist Date _____________ _______________ Kevin Ashe, Mayor Date City of Pickering _____________ _____ _______________ Susan Cassel, City Clerk Date City of Pickering - 364 - Letter of Understanding Public Artwork Agreement GENERAL Schedule A: Artwork Location Schedule B: The Artwork (Artist’s Concept proposal document attached) Schedule C: Fabrication Schedule - 365 - Letter of Understanding Public Artwork Agreement SCHEDULE A ARTWORK LOCATION 1 ROTARY FRENCHMAN’S BAY WEST PARK – FIGURE 1 1 ENTRY WAY TO RFBWP 2 TRAFFIC TURN-AROUND WITH DROP-OFF AND GATHERING SPACE 3 ENTRY WAY TO WATERFRONT TRAIL 1 3 2 - 366 - Letter of Understanding Public Artwork Agreement SCHEDULE A (CONTINUED) ARTWORK LOCATION 2 ROTARY FRENCHMAN’S BAY WEST PARK – FIGURE 2 4 BEACH ACCESS LINK 5 ELEVATED VIEWING/ SEATING AREA WITH S HADE STRUCTURE 6 PASSIVE WATERFRONT RECREATIONAL NODE 7 WATERFRONT INTERPRETIVE NODE 8 FRENCHMAN'S BAY HARBOUR ENTRANCE *NOTE: LOCATIONS 1 TO 6 COULD BE CONNECTED TO POWER, WHEREAS LOCATIONS 7 AND 8 DON’T HAVE POWER ACCESS. PAST LOCATION 6, THE AREA IS ENVISIONED TO REMAIN NATURAL, NO STREET LIGHTING WILL BE INSTALLED. 4 5 6 7 8 - 367 - Letter of Understanding Public Artwork Agreement SCHEDULE B THE ARTWORK (ARTIST’S CONCEPT PROPOSAL DOCUMENT ATTACHED) - 368 - Letter of Understanding Public Artwork Agreement SCHEDULE C Detailed Fabrication Schedule WORK PLAN The completion dates for each phase of the project as set out below shall be finalized upon final determination of the construction commencement date and prior to commencement of the Phase 2 services. Phase 1 – July 7 , 2023 • Agreement signed by all parties • Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 - To be completed by August 15, 2023, to the satisfaction of the City • Site Visit arranged with City staff. • Site location confirmed for the artwork. The artist will identify the location for the artwork based on the 8 interpretative nodes identified by the City of Pickering. • The artist will develop a fabrication schedule This phase will include the following client approvals: • approval of final site location • approval of a fabrication schedule for creation of the artwork Phase 3 - To be completed by September 30, 2023 to the satisfaction of the City • Final design drawings including preliminary engineer review • Text information for plaque This phase will include the following client approvals: • Final sign-off of shop drawings for production • Shipping and installation plan completed, in cooperation with the artist and other relevant contractors, and to the satisfaction of the City. Phase 4 - Installation – to be completed on or before October 31, 2023 to the satisfaction of the City • Fabrication of the artwork complete • On-site installation of artwork This phase will include the following client approvals: • Delivery of maintenance plan • Final acceptance of Artwork to the satisfaction of the City. - 369 - Terms of References RFBWP 1 January 20, 2023 Land Acknowledgment The City of Pickering resides on land within the Treaty and traditional territory of the Mississaugas of Scugog Island First Nation and Williams Treaties signatories of the Mississauga and Chippewa Nations. Pickering is also home to many Indigenous persons and communities who represent other diverse, distinct, and autonomous Indigenous nations. This acknowledgement reminds us of our responsibilities to our relationships with the First Peoples of Canada, and to the ancestral lands on which we learn, share, work, and live. Public Art in the City of Pickering The City of Pickering is committed to and supportive of the benefits of public art and recognizes that art in public spaces is a valuable asset that enhances the social/cultural, built heritage and natural environments. Through public art, we beautify our environment; engage the community in Creative Place-Making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. Public Art enhances quality of life for citizens and visitors; and, strengthens community pride, tourism and economic growth. Project Description: Rotary Frenchman’s Bay West Park (RFBWP) The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. This permanent public art piece is to be created/led by Indigenous artists. The work is to be highly durable and suitable for the location, yet complementing the site and the surrounding ecological environment. Given the site’s proximity to water, the work is to consider ways of celebrating water in playing a critical role in both the natural and cultural histories of Pickering. Site History and Neighbourhood Context: RFBWP is located on the southwest shore of Frenchman's Bay on Beachpoint Promenade off the south end of West Shore Drive. The Rotary Frenchman's Bay West Park has been designated as an Environmentally Sensitive Area by the Toronto Region Conservation Authority due to its diversity of vegetation and significant natural features. The park is characterized by a barrier beach, sand bar coastal wetlands, meadows, and climax forest. The barrier beach is a dynamic beach and sand dune system that is dominated by marram grass and eastern cottonwood. This sand dune complex is a critically important and rare coastal ecological community that can be found in only a few locations within the Greater Toronto Area. The shoreline and dune stabilization process that is being undertaken by the TRCA has helped establish and protect the coastal wetlands found in Frenchman's Bay. Some of the region's best surfing and kite boarding can be done here. The parks location and configuration provide for perfect winds and waves along the kilometer-long sandy beach. Attachment #2 to Report CS 20-23 - 370 - Terms of References RFBWP 2 The park is currently undergoing a $2.8 million Master Plan revitalization and will address the impact of major storms and high-water levels on the site, as well, expanded parking, accessible paths, a small boat launch and dock area, a children's play area adjacent to picnic facilities, an outdoor classroom area, a new storage facility and associated public washrooms, and a boardwalk to the proposed west harbor entrance break wall. The objective of this park revitalization, which has been consistent since land acquisition and though the various plan revisions, is: •to preserve, protect and enhance the valuable ecosystem components of the site; •to develop park infrastructure that will maintain and improve the users experience of; •the site by providing enhanced trails and passive interpretive opportunities; and •to develop innovative resolution to community issues. Construction of RFBWP is to be completed by Fall 2023. Artwork Location: The artwork will be located in RFBWP, 939 Beachpoint Promenade, Pickering, ON L1W 2A4, Pickering. The newly redesign waterfront trail inside RFBWP provides a public site for an Ingenious permanent public artwork. The exact location of the work will be determined through consultation with the local Indigenous community. Below are some locations that have been determined suitable by City staff: - 371 - Terms of References RFBWP 1 2 3 1 Rotary Frenchman’s Bay West Park – Figure 1 3 - 372 - 2 Rotary Frenchman’s Bay West Park – Figure 2 5 4 6 7 8 4 - 373 - 1 Entry way to RFBWP 2 Traffic turn-around with drop-off and gathering space 3 Entry way to Waterfront Trail 4 Beach access link 5 Elevated viewing/ seating area with shade structure 6 Passive waterfront recreational node 7 Waterfront interpretive node 8 Frenchman's Bay Harbour entrance *Note: Locations 1 to 6 could be connected to power, whereas locations 7 and 8 don’t have power access. Past location 6, the area is envisioned to remain natural, no street lighting will be installed. 5 - 374 - Terms of References RFBWP Artist Selection Process: Direct Commission As per Section 08.01 of the CUL 130 Public Art Policy (the Policy), Direct Invitation/Commission or Purchase (Single/Sole-Source) occurs when a single artist is identified to complete a Public Art project. Rational for Direct Commission: Indigenous Partnership Building As per Section 03.01 of the Pubic Art Policy, The City of Pickering is committed to and supportive of the benefits of public art and recognizes that art in public spaces is a valuable asset that enhances the social/cultural, built heritage and natural environments. Through public art, we beautify our environment; engage the community in Creative Place-Making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. Public Art enhances quality of life for citizens and visitors; and, strengthens community pride, tourism and economic growth. The commission and acquisition of Public Art is exem pt from the City's Purchasing Policy and must therefore be conducted in accordance with the processes outlined in this Policy. As stated above, Section 08.01 of the Public Art Policy, Purchase or Commission of Art sates that depending on the nature of the artwork, it may be secured through: Direct Invitation/Commission or Purchase (Single/Sole-Source) occurs when a single artist is identified to complete a Public Art project, or when and existing piece of Public Art is purchased. During conversations with the Indigenous Relationship Building Circle (IRBC) members from the IRBC identified with Cultural Services and Equity Diversity and Inclusion staff that Indigenous artists/designers should not compete for opportunities taking place on their land. This was shared in context of commissioning an artist to design the commemorative orange crosswalk led by Jaclyn T. San Antonio, Senior Advisor, Equity, Diversity & Inclusion. Specifically, on December 13, 2022 during the IRBC’s yearend meeting members identified that they would like to be involved and see Indigenous led public art throughout the City of Pickering. This will advance economic reconciliation through the direct support of Indigenous artists and businesses. This rational to directly commission Public Art from Indigenous led organization makes good on the City’s commitment to the Indigenous Relationship Building Action Plan and the Cultural Strategic Plan. Artist Evaluation Process: Per the City of Pickering Public Art Policy section 07.02, a Public Art Jury must be established for each acquisition of $25,000 and over in value. The Public Art Jury will be organized on a case by case, and project by project basis. 6 - 375 - Terms of References RFBWP 7 The composition, duration and terms of reference for any Public Art Jury will be dependent on the nature of the Public Art project. Appointees to a Public Art Jury may consist of: • Three City staff which may include representatives (e.g. department heads, Heritage Planner, Library) from other City of Pickering departments, as appropriate, that may be impacted by the location, or subject matter of a Public Art project. • Three resident members from the Public Art Committee. • Two professional artists that are not residents of the City of Pickering. • One professional architect that is not a resident of the City of Pickering. When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the objectives listed in the Public Art Opportunity outlined in the Terms of References. The Public Art Jury (as per section 07.02 of the City of Pickering Public Art Policy) will also consider the artist's: • Artistic excellence of previous work; • Ability to achieve the highest quality of contemporary artistic excellence and innovation; • Professional qualifications and relevant working experience as related to the public art project brief; • Ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • Potential to comprehend, access and interpret relevant technical requirements; and, • Interest in and understanding of the public art opportunity and the context. The Public Art Jury in reviewing the proposal will also take into account the following: Community Relevance and Impact • Suitability for display in a public space • Reflects the City's heritage, and/ or history, culture and diversity, and/or natural elements and landscapes • Builds appreciation for public art Overall Quality and Authenticity • Originality of style • Intrigues viewers and stimulates imagination • Artist reputation, demonstrated and related experience • Condition of past artwork Location • Site suitability • Response to or complements the location's uses and users Economic Value • Short- and long-term costs • Tourism potential - 376 - Terms of References RFBWP 8 Installation Maintenance & Conservation • City's ability to accommodate installation requirements • City's ability to safely display, maintain and conserve the work • Long-term maintenance cost • Longevity of the artwork • Environmental impact Submission • Compliance with guidelines outlined in the Public Art Policy and accompanying "Call to Artist" • Quality of the approach/work plan and methodology (Scope of Work) • Ability to meet budgetary estimates and timelines (Budget Breakdown) Additionally, the City will not purchase or display art that: • violates any City policy; • conveys a negative message that might be deemed prejudicial; • promotes alcohol and other addictive substances; • presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; and, • is in direct competition with City of Pickering services, programs or initi atives. Decisions of the Public Art Jury are final. Budget: $80,000 CAD including HST (maximum). This is the total amount available for all related expenses of this permanent public art project including, but not limited to: artist fees, all applicable taxes, detailed renderings, materials, community consultations and schedules or other expertise as required, insurance, equipment, travel to meetings and to the site, and an artist statement for completed work. The directly commissioned artist/team will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the artist's obligations, which include, but are not limited to: • Materials • Timeline • Installation • Maintenance and/or conservation plans • Warranty • Copyright, Intellectual Property and Moral Rights • Payments to sub-contractors - 377 - Terms of References RFBWP 9 Project Timeline January 20, 2023 Issue Terms of References May 5, 2023 Collect Public Art Proposal May 9, 2023 Application review by Public Art Jury May 11, 2023 Public Art Committee Endorsement May 16, 2023 Cultural Advisory Committee Endorsement June 5, 2023 Council Executive Meeting Approval of Funding Spending June 6, 2023 Deadline to notify Directly Commissioned Artist Week of June 12, 2023 Project Contract signed and executed Week of June 22, 2023 Community consultation and Artwork fabrication Late September 2023 Artwork installation October 2023 Artwork unveiling and community celebration *Schedule subject to change - 378 - Terms of References RFBWP 10 Post Direct Commission Procedure Final Recommendation and Awarding of the Commission • The Public Art Jury will approve the artist (artist team) and make its recommendation to the City. • No appeals from artists (artist teams) are permitted. • The Public Art Jury may elect not to choose a finalist artist (artist team). • No official winner of the competition may be made public until the agreement between the City of Pickering and the finalist artist (artist team) has been determined. Ownership, Use of the Artwork by the Finalist Artist (Artist Team) and Copyright Artwork acquired for the Public Art Collection shall become the property of the City of Pickering except those artworks subject to the parameters for Temporary Public Art as outlined in Section 08.03 of the CUL 130 Public Art Policy. The City will respect the artist's right of authorship and the integrity of the public art. Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work developed. Following best practice in North American Public Art Programs, they will not be asked to waive their Artist Moral Rights or assign their copyrights. Artist(s) will be asked to provide a royalty-free non-commercial license to the City of Pickering for images of their work in perpetuity. Basic Conditions – Future Agreement(s) between the Directly Commissioned Artist (Artist Team) and City of Pickering The directly commissioned artist (artist team) and the City of Pickering will enter into an Agreement, which will include the identification of the scope of work to be performed by the artist, payments and performance schedules to be followed. Questions & Contact Artists may submit questions about any aspect of this competition by email to the following address: sbarakov@pickering.ca Stoyan Barakov Coordinator, Public Art Community Services M: 289.200.7829 T: 905.420.4660 ext.1097 sbarakov@pickering.ca - 379 - City of Pickering Rotary Frenchman’s Bay West Park Sculpture Proposal Presented on behalf of the design team,by: Sheila Boudreau, OALA, APALA, CSLA, RPP/OPPI, MCIP Principal Landscape Architect + Planner SpruceLab Inc. Date: May 9, 2023 Attachment #3 to Report CS 20-23 - 380 - Design Team 2 Sheila Boudreau Natalie Sisson Tiffany Adair Tullia Marcolongo Amber Smith Karl Chevrier Jacques Baril Quail Linda Lees Tany a Belangér Luis Roch a City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023 - 381 - Inspiration City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023 3 - 382 - Design City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023 4 - 383 - City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023 Sculpture Design 5 - 384 - Sculpture Design TIMELINE May -June ‘23: order materials July -August ‘23: fabrication of sculpture mid-September ‘23: delivery to site installation lighting installed late-September ‘23: unveiling at park opening 6City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023 - 385 - Report to Executive Committee Report Number: CS 21-23 Date: June 5, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Millennium Square – Purchase of Public Art - Commission of Public Art for Winter Wonderland - File: A-1440-001 Recommendation: 1. That Council endorse that the commission of temporary public art for Millennium Square as part of the Winter Wonderland event be awarded to Studio Jordan Shaw in the amount of $25,000.00 (HST included); 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $22,513.00 from Property Taxes, as provided for in the 2023 Current Budget 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between Studio Jordan Shaw and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: With the approval of Report CS 06-23 (Resolution #126/23) at the Council meeting of March 27, 2023, Council approved two new events at the Pickering Nautical Village which includes Fall Fling and Winter Wonderland. Specifically, Winter Wonderland will take place on Saturday, December 2 and Saturday, December 9, 2023 and will include a vendor’s market, ice carving and sculptures on display, fire pits with s’mores, wagon rides, roaming characters and a temporary public art installation. The event activities will take place at Millennium Square during December 2 and December 9; however, the temporary public art installation will remain on site until January 31. The artwork will then be stored and utilized at future winter events and activations. The Public Art Policy (CUL 130), outlines the criteria, processes and guidelines by which public art is procured by staff at the City of Pickering. The Purchasing Policy (PUR 010) outlines the criteria, processes and guidelines for the procurement of goods and services for the City of Pickering. Section 09.10 of the Purchasing Policy states that “Public Art Project purchases or Public Art projects with costs that exceed $25,000 are subject to Council approval”. Therefore, the - 386 - CS 21-23 June 5, 2023 Subject: Millennium Square – Purchase of Public Art Page 2 purpose of this Report is to seek Council endorsement to proceed with the commission of temporary public art for Millennium Square as part of Winter Wonderland event at a cost of $25,000.00 (HST included). Financial Implications: The public art project for Millennium Square is reflected in the approved 2023 Current Budget in the amount of $25,000.00. 1. Estimated Project Costing Summary Artist Quotation $22,124.00 Total Project Cost HST (13%) Total Gross Project Costs HST Rebate (11.24%) $22,124.00 2,876.00 $25,000.00 (2,487.00) Total Net Project Costs $22,513.00 2. Approved Source of Funds Approved Code Source of Funds Budget Funds Required 502520.10205.9017 Property Taxes $25,000.00 $22,513.00 Project Cost under (over) approved funds by $2,487.00 The remaining funds of $2,487.00 will be used for signage, communications, artwork unveiling, transportation and storage. Discussion: At the Executive Committee Meeting of January 9, 2023, Council directed staff, through the Office of the CAO, to bring forward a substantive report on a plan to implement a winter festival at Millennium Square, in collaboration with local businesses in the Pickering Nautical Village to ensure their ideas and visions were represented, and to report back to Council prior to the 2023 Budget Meeting. Accordingly, staff conducted Nautical Village Stakeholders including a survey and in person Open House on February 14, 2023. Nautical Village Businesses provided feedback that there was interest in a public artwork that would serve as a focal point for holiday activations through the December and January months. In Report CS 06-23 staff recommended two events: Fall Fling which will take place in October 2023 and Winter Wonderland which will take place on December 2 and 9, 2023. - 387 - CS 21-23 June 5, 2023 Subject: Millennium Square – Purchase of Public Art Page 3 At the Council Meeting of March 27, 2023, Council directed staff (Resolution #126/23) to implement, in part, the Winter Wonderland event as outlined in Report CS 06-23. This included $25,000.00 budgeted for a feature holiday light sculpture display. The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. As per Section 08.01 of the Public Art Policy CUL 130, an Open Call was selected as the method of acquisition. The Open Call was issued on April 18, 2023 (Attachment 3). The Open Call was advertised through the City of Pickering website as well as Akimbo, PineRidge Arts Council (PRAC) newsletter, OCAD University’s Talent Network and through social media ads (Facebook and Instagram). Ten artists from around the world (Canada, France and United Kingdom) responded to the Open Call. Applications were reviewed by a Public Art Jury which identified a short-list of the top 3 artists based on the submitted concepts. On May 10, 2023, the three shortlisted artists were presented in person at an Open House meeting to the Nautical Village Stakeholders for consultation. Based on the feedback received at the Open House, Studio Jordan Shaw is recommended as the Artist to be awarded the commission for temporary public art at Millennium Square. The recommendation was endorsed by the Public Art Committee on May 11, 2023 and by the Cultural Advisory Committee on May 16, 2023. The Artist application including scope of work and budget breakdown is set out in Attachment 4. The Artist made the following statement to describe their process and final artwork: “7KH SURSRVHGDUWZRUN WKDW , DP VXEPLWWLQJ LV WLWOHG6DPH0DWHULDO 'LႇHUHQW 7LPH 1RW RQO\ GRHV WKLV RႇHU DXQLTXHDUWistic and location-based opportunity it would also be a meaningful personal project. I grew up in Rouge Hill and am very familiar with the West Rouge and Pickering waterfront trail. I’ve spent many hours over the years biking between the two communities and spending time along the waterfront since childhood.” Staff request that Council endorse that the commission for temporary public art for Millennium Square be awarded to Studio Jordan Shaw in the amount of $25,000.00 (HST included). The Letter of Understanding (set out in Attachment 1) was drafted by Cultural Services staff and reviewed by Legal Services and Finance. The Letter of Understanding defines the relationship and responsibilities between the City and the Artist. Staff are requesting Council to authorize the Mayor and City Clerk to execute the Letter of Understanding with Studio Jordan Shaw. The installation will take place in November 2023. The Artist will begin fabrication of the work in August 2023. The artwork will be unveiled during the opening of Winter Wonderland on December 2, 2023 and remain onsite until January 31, 2024. The artwork will then be stored and utilized at future winter events and activations. - 388 - CS 21-23 June 5, 2023 Subject: Millennium Square – Purchase of Public Art Page 4 Attachments: 1. Agreement – Letter of Understanding 2. Winter Wonderland – Open Call 3. Studio Jordan Shaw – Winter Wonderland Artist Submission Prepared By: 2ULJLQDO6LJQHG%\ Laura Gibbs Division Head, Culture & Community Programming Director, Community Services Approved/Endorsed By: 2ULJLQDO6LJQHG%\ Sarah Douglas-Murray KR:sb Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer 2ULJLQDO6LJQHG%\ - 389 - $WWDFKPHQW#WR5HSRUW&6 Letter of Understanding Public Artwork Agreement This agreement made the Day/Month/Year BETWEEN: Studio Jordan Shaw (hereinafter called “the Artist”) AND THE CORPORATION OF THE CITY OF PICKERING (hereinafter called “the City) 1.Introduction This Letter of Understanding pertains to the creation and installation of the temporary light-based artwork for the Millennium Square as part of Winter Wonderland event and holiday display for the City of Pickering. This document defines the relationship and responsibilities between the City and the Artist. The final artwork is to be unveiled on December 2, 2023. This Letter of Understanding conforms to the City of Pickering Public Art Policy (CUL 010) and the City of Pickering Standard Quotation Terms & Conditions. 2.Background At the Council Meeting on March 27, 2023, Council directed staff (Resolution #126/23), through the Office of the CAO, to implement the Winter Wonderland event as outlined in report CS 06-23. This included $25,000.00 budgeted for a feature holiday light sculpture display. The event Winter Wonderland would take place on Saturday, December 2 and Saturday, December 9, 2023 and include a vendor’s market, ice carving and sculptures on display, fire pits with s’mores, wagon rides, roaming characters and a temporary public art sculpture. The event will activate Millennium Square during December 2 and December 9; however, the sculpture will remain on display until January 31. A Call to Artists – Requests for Proposals was issued on April 18, 2023 and closed on May 8, 2023. Community Services received 10 submissions from artists around the world (Canada, UK and France). The collected submissions were reviewed and scored by the Public Art Jury based on the judging criteria outlined in the Call to Artists – Requests for Proposals. The jury shortlisted three finalists who were presented to the Nautical Village community on May 10, 2023. Based on consultation with the Nautical Village community, Studio Jordan Shaw was recommended as the Artist to be awarded the commission of temporary light-based public art at Millennium Square as part of the Winter Wonderland event. The Nautical Village community recommendation was endorsed by the Public Art Committee on May 11, 2023 and by the Cultural Advisory Committee on May 16, 2023. The Artist application proposal is set out in Schedule A. The proposed work will be purchased by the City of Pickering and displayed for the next three years. - 390 - Letter of Understanding Public Artwork Agreement 3. Definitions Artwork - The “Artwork” means the final piece of artwork developed from the design, model, and specifications provided by the Artist and approved by the City, which Artwork is more particularly specified in Schedule “A” attached hereto. The Work - The “Work” means designing, producing and fabricating the Artwork as well as delivering and installing it at the Place of Installation. Place of Installation - The “Place of Installation” is Millennium Square located at Nautical Village. 4. Artist Fee: Compensation and Payment Schedule a) The all-inclusive price to be paid by the City for the Artwork, completed and installed shall be $25,000.00 CAD, inclusive of all applicable federal and provincial taxes including HST. b) Each stage of the payment shall be accompanied by a detailed summary of work completed by the Artist that including updated drawings and images that states that the Work has progressed and is proceeding according to schedule B and will be installed by the Delivery Date (as defined below). c) HST shall be enumerated as a separate item on each staged and scheduled payment pursuant to this Article. Payment shall be structured in a payment schedule to the Artist as follows: i) $8,333.33 – on the completion of Phase 2 which includes executing the Letter of Understanding, site visit, fabrication schedule and submission of an invoice from the Artist; ii) $8,333.333 - at the end of Phase 3 which includes the delivery of final drawings of all art work components and submission of an invoice from the Artist; and iii) $8,333.34 at the end of Phase 4 which includes installation of the artwork at Millennium Square and upon submission of an invoice from the Artist. The City agrees: a) to pay the Artist all funds due and as provided for herein. 5. Payments of Sub-Contractors The Artist agrees: a) to ensure that payments will be made to all suppliers and subcontractors that may be engaged by the Artist in regard to the design, fabrication, storage, delivery and installation of the Artwork. At the City’s request, the Artist shall provide evidence of such payment. 6. Performance The Artist agrees: - 391 - Letter of Understanding Public Artwork Agreement a) to provide all work and materials necessary to create the Artwork and to fulfill all its obligations as set out in this Agreement; b) that the materials, methods and processes used to produce the Artwork shall be of first-class quality and expressive of the approved design; and c) to use first class skills, diligence and workmanship as are normally found in the artistic profession, and ensure that all materials incorporated into the Artwork are of the utmost quality and design. 7. Timelines and Completion of Deliverables The Artist agrees: a) to complete the installation of the Artwork to the satisfaction of the City no later than December 2, 2023 (“the Delivery Date”) or such later date as may be agreed upon by the Artist and the City in writing. The installation will include a maintenance/conservation plan submitted by the Artist; b) during the design and production of the Artwork, to keep the City advised of the status of the production of the Artwork. If required by the City, the Artist shall allow representatives of the City to view the Artwork during its various stages of production or provide progress photographs; c) to submit a progress report and invoice, with supporting receipts and invoices from sub- contractors, in the form specified by the City, prior to each payment date set out in Schedule “C”. d) to provide a conservation and maintenance plan; and e) to provide to the City photographs of the Artwork during and after installation in accordance with Schedule “B”. The City agrees: a) to ensure that should the Artist require direction in any regard to the design, fabrication or installation of the Artwork, the City shall provide such direction in a prompt and timely fashion. 8. Detailed Design The Artist agrees: a) To evaluate all material and data relevant to the Artwork as provided by the City and shall facilitate production of the final design, working with the Cultural Services Unit and [other City departments and design team members, as needed] and, in order to finalize the detailed design and the exact location of the Artwork within the Installation Site, to the satisfaction of the City. 9. Specifications The Artist agrees: a) to provide detailed drawings and specifications to the satisfaction of the City and shall advise the City, in writing, through the Coordinator, Public Art, of all factors relating to the Artwork’s theme, budget, critical path, location, size, materials, structural, mechanical and technological requirements, installation methods, and future maintenance requirements, to be determined by the Artist in consultation with the Coordinator, Public Art; and - 392 - Letter of Understanding Public Artwork Agreement b) Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of prior written authorization by the Division Head, Culture and Community Programming provided however, that the City’s objection to any feature of the Artwork which is reasonably attributable to the exercise of the Artist’s aesthetic judgement during the progress of the development of the Artwork shall not be considered a substantive change and shall not be a basis for withholding acceptance or payment for the Artwork. 10.Permits and Engineers Stamp The Artist agrees: a) to obtain at the Artist's sole cost and expense, all permits necessary for the delivery and installation of the Artwork and prepare all materials, documents, reports, plans and drawings, required in order to obtain any Structural Engineers' stamps required in connection with the manufacture and installation of the Artwork at the Installation Site. 11.Delivery, Installation and Protective Measures The Artist agrees: a) to be solely responsible for all costs and supervision of the actual fabrication, production and installation of the Artwork including the cost of any site preparations or safety precautions that are required for the installation of the Artwork in its final location unless otherwise specified by the City. If protection during installation is required, then the Artist is to provide it; b) to deliver the Artwork to the specific site as set out in Place of Installation, free from all defects and in compliance with the specifications as outlined in Schedule “B” attached hereto; c) The Artist shall coordinate the installation of the Artwork with the Coordinator, Public Art and permit such inspections of the installation as the City may require. If any costs result from the Artist failing to coordinate the Artist's work with that of [City divisions and contractors], all such costs shall be borne by the Artist; d) upon installation of the Artwork, to clean the Artwork to ensure that all dirt, imperfections and extraneous materials are removed from the Artwork; and e) that installation shall have been deemed to be complete when acceptance by the City or by its designated agent. The City agrees: a) to provide, at its expense, a permanent marker in keeping with the quality and type of the Artwork which will identify the name of the Artist, the name of the Artwork and the year of the Artwork. 12.Damage to Artwork and Artist’s Property The Artist agrees: a) that in the event of physical loss or damage to the Artwork prior to completion of installation and acceptance of the Artwork by the City, the Artist shall immediately take all necessary steps to rectify the loss or damage by repair, restoration, replacement or other appropriate means as soon as is reasonably possible at no additional expense to the City. Where necessary, the - 393 - Letter of Understanding Public Artwork Agreement Artist may collect insurance proceeds before rectifying the loss or damage and shall rectify the loss or damage as soon as is reasonably possible after receipt of said funds; and b) to be responsible for any loss or damage whatsoever to any of the Artist's materials, goods, equipment or supplies and will maintain all-risk coverage as required by this Agreement and as any prudent owner of such materials, goods, supplies and equipment would maintain. The Artist shall have no claim against the City or the City’s insurers for any damage or loss to the Artist's property and shall require his insurers to waive any right of subrogation against the City. The City agrees: a) that following acceptance of the Artwork, the City will use its best efforts to maintain and repair any damage done to the Artwork by vandalism or other means substantially in accordance with the conservation and maintenance plan to be provided by the Artist. The City will make reasonable efforts to inform the Artist of such damage and to offer the Artist the opportunity to consult with the City on the proposed repairs. 13.Warranty, Repair and Maintenance The Artist agrees: a) that upon receipt of the Artwork, should the City find any deficiencies in the Artwork, it will advise the Artist in writing and the Artist must rectify such deficiency within ten (10) days of receipt of such notice. Should it not be possible to complete rectifying the deficiencies within ten (10) days, the Artist shall provide a Schedule to the City that is acceptable to the City indicating when completion will occur; b) in the event that the Artwork shall require repairs subsequent to the date of completion arising from normal weathering and “wear and tear”; then in such event the City shall advise the Artist in writing as to the nature of such repair and offer the Artist first right of refusal to carry out such repair within times and consideration as mutually agreed upon by the City and the Artist. Should the Artist fail to advise the City within thirty (30) days of receipt by the Artist of the written offer, or should the Artist and the City fail to agree on times and consideration, then in any such event the City, or a third party hired by the City, shall be at liberty to carry out any and all repairs. In determining the time and consideration for such repairs, both parties agree to act reasonably; and c) notwithstanding the foregoing and with the exclusion of the maintenance criteria set out in the conservation and maintenance plan submitted by the Artist, during the first three (3) years after installation and acceptance by the City, the Artist agrees to repair any defects or deficiencies (normal weathering and “wear and tear” excepted) in the Artwork without any charge to the City. The City agrees: a) to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the City considers to be appropriate and in accordance with the conservation and maintenance plan to be approved by the City and that will be provided by the Artist. - 394 - Letter of Understanding Public Artwork Agreement 14.Removal and Relocation of Artwork The City agrees: a) to endeavor to exhibit the Artwork in the original location and in its original and complete format subject to the City’s right to decommission or remove the Artwork or a particular piece thereof for reasons which may include, but are not limited to, the structural integrity of the Artwork, expiry of the expected lifespan of the Artwork, extensive or irreparable damage or vandalism or by reason of the necessity to accommodate the effective operation of the Log Barn; and b) to consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 15.Insurance The Artist agrees: a) that upon request by the City, the Artist shall take out and keep in force a policy of liability insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as may be required), and not less than two million ($2,000,000.00) automotive liability insurance coverage. Certificate(s) of insurance shall be provided upon request by the City. i. The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all operations performed by or on behalf of the Company, a certificate of insurance shall be completed by the Company’s agent, broker or insurer. ii. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. iii. If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $2,000,000.00 and an automotive liability policy insuring the City in the amount of two million ($2,000,000) at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. 16.Indemnification The Artist agrees: a) to indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgments, or costs which may arise from any physical deficiencies or deformities or structural failures of the Work which render the Artwork inconsistent with the approved design. The Artist agrees that this indemnity shall survive the period of time required to fulfill this contract and extend to the useful life of the Artwork and shall be binding upon the Artists’ personal representatives, administrators, executors and assigns; b) to indemnify the City, its Mayor and Councillors, employees and agents from and against all liens, all builders liens, claims, actions, costs and damages which may arise during installation of the Work on the Place of Installation. No finding of negligence, whether joint or several, as - 395 - Letter of Understanding Public Artwork Agreement against the City in favour of any third party shall operate to relieve or shall be deemed to relieve the Artist in any manner from any liability to the City, whether such liability arises under this Agreement or otherwise; and c) to warrant that the Artwork is original to the Artist and does not violate any copyright of any other person. The Artist shall indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgements or costs that may arise from the allegation that the Artwork is not original to the Artist. 17.Occupational Health and Safety Act The Artist agrees: a) to conform to and enforce strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").; b) that nothing in this Agreement shall be construed as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Artist either instead of or jointly with the Artist; and c) that it will ensure that all subcontractors engaged by it are qualified to perform the services and that the employees of the Artist and of all subcontractors are trained in the health and safety hazards expected to be encountered in the Services. 18.Workplace Safety & Insurance The Artist agrees: a) that all of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board; b) to provide the City with a Clearance Certificate prior to final payment certifying all payments by the Company to the Board in conjunction with the subject Contract have been made and that the City will not be liable to the Board for future payments in connection with the Company’s completion of the project; and c) that a Company deemed to be an Independent Operator by the Workplace Safety & Insurance Board will provide a copy of such letter to the City containing the Independent Operator identification number issued by the Board. An Independent Operator must be covered by WSIB optional insurance and provide proof of this coverage upon request. 19.Dela ys The Artist and the City agree that: a) neither party shall be responsible for any failure to comply with or for any delay in performance of the terms of this Agreement including but not limited to delays in delivery, where such failure or delay is directly or indirectly caused by or results from events of force majeure beyond the control of the party sought to be charged. These events shall include, but not be limited to fire, earthquake, accident, civil disturbances, war, rationing, allocation of embargoes, strikes or labour problems or delays in transportation, inability to secure necessary materials, parts or - 396 - Letter of Understanding Public Artwork Agreement components, delay or failure of performance of any supplier or subcontractor, acts of Nature or acts of Government. 20.Early Termination The Artist and the City agree that: a) notwithstanding any other provision of this Agreement, the City may, at any time and without cause, prior to completion of the Artwork, terminate this Agreement by providing sixty (60) days' notice in writing to the Artist. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; b) failure of the Artist to perform its obligations under the Agreement shall entitle the City to terminate the Agreement upon ten (10) calendar days’ written notice to the Artist if a breach which is remediable is not rectified by the Artist to the City's satisfaction and within the timeframe set out in the City's notice of breach. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; c) all rights and remedies of the City for any breach of the Artist's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Agreement or otherwise at law; d) no delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy; and e) upon termination, all work and material of the Artist pertaining to the Artwork shall be delivered to or retained by the City at no further cost or liability to the City. 21.Ownership The Artist and the City agree: a) ownership of the Artwork, the model/maquette and all documentation supplied to the City in connection with the Artwork, will vest in the City upon final payment for same. 22.Copyright The Artist and the City agree that: a) copyright in the Artwork shall remain with the Artist. The Artist agrees: - 397 - Letter of Understanding Public Artwork Agreement a) to hereby grant the sole, perpetual and royalty free license to exhibit the Artwork in public and to use photographs, drawings, film, video, and other mechanical reproductions of the Artwork throughout the world to the City for publicity purposes only. b) to authorize the City to use the Artist’s name in connection with the Artwork and in the promotion and advertising of the City. c) not to replicate the Artwork for any other client or purchaser. d) to use best efforts to give credit to the City as the owner of the Artwork. The City agrees: a) to use its best efforts to have the Artist’s name associated with the Artwork in photographs, drawings or other reproductions of the Artwork except where the Artwork is not the primary subject of the said reproduction. 23.Death or Incapacity of Artist The Artist and the City agree that: a) in the event of a death or incapacity of the Artist before the complete installation of the Artwork, the City shall be vested with title to the unfinished Artwork upon paying the Artist, their personal representatives, administrators, executors or executrix a sum in the direct proportion of the percent of the Artwork completed to that date as determined by the City and shall be permitted to complete the Artwork in a manner generally consistent with the original design of the Artist. 24.Mediation The Artist and the City agree: a) that all disputes pertaining to the interpretation or implementation of this Agreement shall be resolved first by good faith negotiation between the parties. In the event that a dispute cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences and failing agreement on the procedure to be followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a settlement of the dispute, any unresolved issues may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be chosen, it will be conducted in accordance with the “Rules of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the Arbitrations Act; and b) any claim or action brought pursuant to this Agreement shall only be brought in the courts of the Province of Ontario. This Agreement forms the entire agreement between parties and no other representations either oral or written shall form part of this Agreement. The rights and remedies of the City under this Agreement are cumulative and in addition to any rights and remedies provided by law or equity. - 398 - Letter of Understanding Public Artwork Agreement To the City at: The City of Pickering One the Esplanade Pickering, Ontario The City’s Representative for the purpose of this Agreement will be Laura Gibbs lgibbs@pickering.ca To the Artists at: Studio Jordan Shaw studio@jordanshaw.com https://www.jordanshaw.com/ Or to such other address or person as the parties may designate to each other in writing. It is deemed that notice is received five (5) days after the mailing of any notice or upon delivery, if personally delivered. IN WITNESS WHEREOF the parties hereto have had this Letter of Understanding executed. ____________ _______________ Full name, artist Date _____________ _______________ Kevin Ashe, Mayor City of Pickering Date _____________ _____ _______________ Susan Cassel, City Clerk City of Pickering Date - 399 - Letter of Understanding Public Artwork Agreement GENERAL Schedule A: The Artwork (Artist’s Concept proposal document attached) Schedule B: Fabrication Schedule Schedule C: Open Call – Terms of Reference - 400 - Letter of Understanding Public Artwork Agreement SCHEDULE A THE ARTWORK (ARTIST’S CONCEPT PROPOSAL DOCUMENT ATTACHE D) - 401 - Letter of Understanding Public Artwork Agreement SCHEDULE B Detailed Fabrication Schedule WORK PLAN The completion dates for each phase of the project as set out below shall be finalized upon final determination of the construction commencement date and prior to commencement of the Phase 2 services. Phase 1 – July 7, 2023 x Agreement signed by all parties x Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 - To be completed by July 31, 2023, to the satisfaction of the City x Site Visit: through conversation with City staff and based on electrical needs the artist will determine the exact location of the work. x Material order x The artist will develop a detailed fabrication schedule This phase will include the following approvals by the client: x Fabrication schedule submitted to the City of Pickering for approval. Phase 3 - To be completed by October 2, 2023 to the satisfaction of the City x Final design drawings completed x Text information for plaque This phase will include the following approvals by the client: x Final design drawings of the artwork Phase 4 - Installation – December 2, 2023 x On-site installation of artwork, to be completed by November 20, 2023 x Final sign off by Client on completed and delivered product. x Attendance at the unveiling event on December 2. - 402 - 1 &DOOWR$UWLVWV ± 5HTXHVW IRU3URSRVDOV 5)3 Winter Wonderland Deadline: 0D\ DWSP ('7 Photo of Millennium Square during the summertime. $UWLVW2SSRUWXQLW\ The City of Pickering invites artists or artist teams to submit proposals for Dtemporary light sculpture to be a part of Winter Wonderland at the Nautical Village in Pickering. Artwork is expected to be displayed annually from December 2 ± January 31 for three years. One artist/team will be commissioned by The City of Pickering to create the work. As per the City of Pickering Public Art Policy (CUL 130) an artist is defined as the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. A public art jury comprised of city staff, practicing arts professionals, and community members will be established for this single-stage competition. $WWDFKPHQW#WR5HSRUW&6 - 403 - 2 6LWH&RQWH[W The City of Pickering resides on land within the Treaty and traditional territory of the Mississaugas of Scugog Island First Nation and Williams Treaties signatories of the Mississauga and Chippewa Nations. The artwork will be located in Millennium Square. Millennium Square is a large public square adjacent to Beachfront Park and 1autical Village where entertainment takeV place. During the summertime, the spot is alive with the electric energy of music, picnickers and passerVE\ 7his is the perfect spot to catch a cool breeze off the lake and watch the sun go down. Site plan of Millennium Square - 404 - 3 3URMHFW%ULHI 7KH&LW\RI3LFNHULQJ¶V&XOWXUDO6WUDWHJLF3ODQ RXWOLQHVWKH&LW\¶VFRPPLWPHQWWR collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. This public art piece is intended to be created for the Nautical Village Community and be displayed annually during the winter season (December 2 ± January 31) as part of a new series of events called ± Winter Wonderland. The City of Pickering will be seeking to purchase the work and assume full ownership. The successful work will act as a landmark and further transform Millennium Square by creating a sense of joy and excitement for residents and visitors during the Holiday season. &RPPXQLW\%DFNJURXQG At the beginning of 2023, Council directed staff, through the Office of the CAO, to bring forward a substantive report on a plan to implement a winter festival at Millennium Square, in collaboration with local businesses in Nautical Village to ensure their ideas and visions were represented. Accordingly, staff conducted community consultation and engagement with local businesses in Nautical Village and proposed two new events which Council approved: Fall Fling and Winter Wonderland. The event Winter Wonderland will take place on Saturday, December 2 and Saturday, December 9, 2023 and include a YHQGRU¶V market, ice carving and sculptures on display, fire SLWVZLWKV¶PRUHVZDJRQULGHVURDPLQJFKDUDFWHUV and a signature public art light sculpture. The event will activate Millennium Square during December 2 and December 9; however, the signature public art will remain on site until January 31. %XGJHW $25,000 CAD including HST (maximum). This is the total amount available for the commission of this temporary public artwork. All related expenses of this project including, but not limited to: artist fees, all applicable taxes, detailed renderings, materials, community consultations and schedules or other expertise as required, insurance, equipment, travel to meetings and to the site, and an artist statement for completed work. The selected artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the artist's obligations, which include, but are not limited to: - 405 - 4 0DWHULDOV 7LPHOLQH ,QVWDOODWLRQ 0DLQWHQDQFH DQG conservation plans :DUUDQW\ &RS\ULJKW ,QWHOOHFWXDO 3URSHUW\DQG 0RUDO 5LJKWV 3D\PHQWV WR VXE-contractors $QWLFLSDWHG6FKHGXOH It is expected WKDW WKH FRPPLVVLRQHG DUWLVW V ZLOO FRPSO\ZLWK WKH SURMHFW¶VJHQHUDO WLPHOLQH dates, as stated below: 'DWH 3URMHFW3KDVH April 10, 2023 Issue RFP May 8, 2023 Submissions due Week of May 17, 2023 Selected Artist notified Agreement is signed June 2023 Exact site confirmation Technical Design Review July to November 2023 Artwork fabrication Week of November 27, 2023 Artwork Installation December 2, 2023 Winter Wonderland Opening Ceremony and Event *Schedule is subject to change - 406 - 5 7HFKQLFDO 6SHFLILFDWLRQV Design Considerations 1. This call is primarily targeting new work suitable for outdoor winter weather. 2. The work is to reflect the site, Nautical Village and the general holiday theme of the event ± Winter Wonderland. 3. The work must have a light component that is suitable for outdoor damp locations. 4. The work is to be inclusive, engaging and create a feeling of joy. 5. The work may incorporate components; however, this should not add further to maintenance and durability. 6. Proposals must consider the local environment and weather conditions. 7HFKQLFDO 5HTXLUHPHQWV All proposals must meet the following criteria: 1. The work must be durable, and able to withstand unpredictable winter weather conditions and physical contact by the public for the duration of the installation. 2. There is a circuit monitoring at Millennium Square, however there is no overnight security in the space. Installations must be robust, and able to be installed in a public space. The artwork will be actively monitored with daily visual inspections conducted E\&LW\6WDII LQFOXGLQJ ZHHNHQGV DVZHOO DVLQWHUPLWWHQW VHFXULW\SDWUROVE\ WKH &LW\¶V Security team. 3. Based on the proposal the work could secured by tension cable or be bolted to the ground. 4. Artists will need to be willing to work with the project team on the technical set up, maintenance, storage and addressing safety concerns. 5. Installation should comply with safety and accessibility design standards where possible 6. Artist(s) must be able to set-up, and provide clear instructions for City staff to install/deinstall the work for future uses. City staff will be present during installation. 7. Selected artists will be expected to provide proof of general liability insurance while on site. 6HOHFWLRQ 3URFHVV A public art jury comprised of city staff, practicing arts professionals, and community members will be established for the evaluation of the proposals. This is a one stage competition. 2QH DUWLVW ZLOO EH DZDUGHGWKH FRPPLVVLRQ The Jury will recommend an artist or artistic team for the award of the commission based on the following criteria: 1. Artistic merit, including quality of work, originality, and artistic excellence in the field of outdoor temporary/permanent a rt. - 407 - 6 2. Adhesion to location and expressed desire in this project; and, 3. $UWLVW¶VGHPRQVWUDWHG DELOLW\DQG SURSRVDO IHDVLELOLW\WR PHHW WKH DUWZRUNJRDOVDQG technical requirements, within the set timeline and budget. The City of Pickering reserves the right to select and retain the artist deemed most appropriate for the project at its sole discretion. 6XEPLVVLRQ 5HTXLUHPHQWV Complete your RFP submission and email it in a single PDF. Please include: $UWLVWVWDWHPHQW describe your interest in this project and share your experience in the field. You can submit a written document (1-page max) or record an audio or video message (MP3 or MP4 file, max 20 MB). &9 Professional resume (3-pages max). If submitting as a team, an individual resume should be submitted for each team member. 3RUWIROLRRISDVWZRUN Examples of relevant work. You may include multiple images per project on 1 page of a maximum to 10 projects (10-pages). Add titOe, year, scope and a short description. $UWZRUN 'HVLJQ D concept sketch, photos, and other images/details as applicable along with proposed dimensions, materials, maintenance and storage plan. 3URSRVHG%XGJHWDQG'HOLYHU\,QVWDOODWLRQ'HLQVWDOODWLRQ3ODQ for artist fees, delivery and installation. Note, the work will become property of the City of Pickering after the installation. 5HIHUHQFHV A list of at least two professional references familiar with your work and working methods. The list must include name, title, complete e-mail addresses and telephone numbers. 6XEPLVVLRQV PXVW EH VHQW E\ HPDLO WR sbarakov@pickering.ca Subject: Artist Proposal ± Winter Wonderland If the file exceeds 20 MB, artists are asked to use an externa l file share program. Incomplete submissions or submissions received after the deadline will not be juried. The proposals may be used by the city of Pickering in meetings with stakeholders and staff. $FFHVVLELOLW\ The City will provide accommodations th roughout the selection process to applicants with disabilities. Please notify Stoyan Barakov, Coordinator, Public Art at 289.200.7829 or sbarakov@pickering.ca of the nature of any accommodation(s) that you may require in respect of any materials or processes used to ensure your equal participation. - 408 - 7 5HVHUYHG5LJKWV RI WKH &LW\ RI 3LFNHULQJ The City of Pickering, at it sole discretion, may request clarification or request additional information, as deemed necessary to evaluate the submissions. The City reta ins the sole discretion to determine whether a submission is responsive and if the prospective Artist or Artist Team is capable of performing the Work. The City reserves the right, at it sole discretion, to determine the number of pre -qualified Artists or Artist Teams. 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KWWS MRUGDQVKDZFRP __ F __ H VWXGLR#MRUGDQVKDZFRP - 434 - 'HFHPEHU :LQWHU :RQGHUODQG 2SHQLQJ &HUHPRQ\ DQG (YHQW -DQXDU\ $UWZRUN XQLQVWDOOHG DQG SXW LQWR VWRUDJH 6WXGLR -RUGDQ 6KDZ $ +LDZDWKD 5G 7RURQWR 21 0/ ; KWWS MRUGDQVKDZFRP __ F __ H VWXGLR#MRUGDQVKDZFRP - 435 - 5HIHUHQFHV *LOOLDQ =XODXI 2QWDULR 3ODFH 3URJUDP 0DQDJHU (PDLO JLOOLDQ]XODXI#RQWDULRSODFHFRP 3KRQH .DWLH 0LFDN &XUDWRU (PDLO NDWLHPLFDN#JPDLOFRP 3KRQH 6WXGLR -RUGDQ 6KDZ $ +LDZDWKD 5G 7RURQWR 21 0/ ; KWWS MRUGDQVKDZFRP __ F __ H VWXGLR#MRUGDQVKDZFRP - 436 - Report to Executive Committee Report Number: ENG 06-23 Date: June 5, 2023 From: Richard Holborn Director, Engineering Services Subject: Amendment to By-law 6604/05 -Schedule 12, Full Load Highways -File: A-1440 Recommendation: 1.That the attached draft by-law be enacted to amend Schedule “12” to By-law 6604/05 to provide for the regulation of parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address an update to Schedule “12” Full Load Highways; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Schedule “12” – Full Load Highways is a list of roads that have been designed and constructed to accommodate heavy vehicles year round and be designated as full load highways. These roads are exempt from the reduced load period on City’s roads, March 1 to April 30 annually. This report recommends changes to Schedule “12” and provides the rationale behind the recommendations of roads to be added or removed with respect to the by-law. Financial Implications: The supply and installation of load restriction signs can be accommodated within the 2023 Roads Current Budget. Discussion: The Highway Traffic Act, R.S.O. 1990, c. H.8, Section 122 allows municipalities to designate the date on which a reduced load period shall start or end, and the highways or portion thereof under its jurisdiction to which the designation applies. The intent of the reduced load period is to limit the maximum vehicular loads on municipal roads which have not been constructed to a standard to accommodate heavy loads. This is for the protection of those roads from accelerated deterioration as a result of spring excess groundwater and intermittent freeze/thaw cycle conditions. The reduced load period is from March 1 to April 30 annually. Schedule “12” to the Traffic and Parking By-law 6604/05 is a list of roads that have been designed and constructed to accommodate heavy vehicles and be designated as full load highways. These roads and are exempt from the reduced load period. - 437 - ENG 06-23 June 5, 2023 Subject: Amendment to By-law 6604/05 Schedule 12, Full Load Highways Page 2 The following table lists roads to be added or deleted with respect to Schedule “12” of By-law 6604/05 and provides the rationale behind the recommendation. The draft By-law amendment to Schedule “12” is provided in Attachment 1, and all existing and proposed full load highways are illustrated in Attachment 2. Summary of Modifications to Schedule “12” – Full Load Highway Designations Road & Recommendation Limits Rationale Dixie Road (delete from By-law) Third Concession Road to 820 metres south thereof Previously required to accommodate heavy vehicles as part of the Southeast Collector Trunk Sewer Project, which is now complete. Recommend removal as a Full Load Highway so larger trucks do not drive in residential areas. Enterprise Gateway (add to By-law) Full limit Designed and constructed to accommodate heavy vehicles. Fairport Road (delete from By-law) Third Concession Road to 1420 metres south thereof Previously required to accommodate heavy vehicles as part of the Southeast Collector Trunk Sewer Project, which is now complete. Recommend removal as a Full Load Highway so larger trucks do not drive in residential areas. Glenanna Road (add to By-law) Kingston Road to 100 metres north thereof To accommodate deliveries to the plaza. Guild Road (delete from By-law) Kingston Road to 120 metres north thereof Previously required to accommodate access to Knob Hill Farms, and is no longer needed. Kubota Drive (add to By-law) Full limit Designed and constructed to accommodate heavy vehicles. North Road (add to By-law) Highway 7 to Enterprise Gateway To accommodate access to Enterprise Gateway from Highway 7. - 438 - ENG 06-23 June 5, 2023 Subject: Amendment to By-law 6604/05 Schedule 12, Full Load Highways Page 3 Road & Recommendation Limits Rationale Rosebank Road (delete from By-law) Taunton Road (Regional Road 4) to Third Concession Road Previously required to accommodate heavy vehicles as part of the Southeast Collector Trunk Sewer Project, which is now complete. Recommend removal as a Full Load Highway so larger trucks do not drive in residential areas. Rosebank Road (delete from By-law) Third Concession Road to 825 metres south thereof Previously required to accommodate heavy vehicles as part of the Southeast Collector Trunk Sewer Project, which is now complete. Recommend removal as a Full Load Highway so larger trucks do not drive in residential areas. Scarborough-Pickering Townline Road (delete from By-law) Taunton Road (Regional Road 4) to Third Concession Road Previously required to accommodate heavy vehicles as part of the Southeast Collector Trunk Sewer Project, which is now complete. Sideline 24 (add to By-law) Highway 7 to 300 metres south thereof Designed and constructed to accommodate heavy vehicles. Provides access to Kubota Drive. Sideline 26 (add to By-law) Highway 7 to 420 metres north thereof To accommodate access to the Durham Region water reservoir and pumping station. Third Concession Road (delete from By-law) Brock Road (Regional Road 1) to 1300m west thereof Road now under the jurisdiction of Durham Region. Third Concession Road (delete from By-law) Whites Road (Regional Road 38) to Dixie Road Previously required to accommodate heavy vehicles as part of the Southeast Collector Trunk Sewer Project, which is now complete. Recommend removal as a Full Load Highway so larger trucks do not drive in residential areas. - 439 - ENG 06-23 June 5, 2023 Subject: Amendment to By-law 6604/05 Schedule 12, Full Load Highways Page 4 Road & Recommendation Limits Rationale Third Concession Road (delete from By-law) Rosebank Road to Rosebank Road Previously required to accommodate heavy vehicles as part of the Southeast Collector Trunk Sewer Project, which is now complete. Recommend removal as a Full Load Highway so larger trucks do not drive in residential areas. Valley Farm Road (add to By-law) Kingston Road to 90 metres north thereof To accommodate deliveries to the plaza. Attachments: 1.Draft by-law, Amendment to Schedule “12” – Full Load Highways to By-law 6604/05 2.Full Load Highways – Maps Prepared By: Approved/Endorsed By: Nathan Emery Richard Holborn, P. Eng. Coordinator, Traffic Operations Director, Engineering Services Scott Booker, Manager, Capital Projects & Infrastructure NE:mjh Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original signed by:Original signed by: Original signed by: Original signed by: - 440 - The Corporation of the City of Pickering By-law No. Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Whereas By-law 6604/05, as amended, provides for the regulating of traffic and parking on highways, private property and municipal property within the City of Pickering; and Whereas, it is deemed expedient to amend Schedule 12, to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to provide an update to the designation of full load highways on City of Pickering roads. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 12 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Schedule 12 Full Load Highways Column 1 Column 2 Highway Limits (From/To) Add Enterprise Gateway Full limit Glenanna Road Kingston Road to 100 metres north thereof Kubota Drive Full limit North Road Highway 7 to Enterprise Gateway Attachment #1 to Report ENG 06-23 - 441 - By-law No. Page 2 Schedule 12 Full Load Highways Column 1 Column 2 Highway Limits (From/To) Add Sideline 24 Highway 7 to 300 metres south thereof Sideline 26 Highway 7 to 420 metres north thereof Valley Farm Road Kingston Road to 90 metres north thereof Delete Dixie Road Third Concession Road to 820 metres south thereof Fairport Road Third Concession Road to 1420 metres south thereof Guild Road Kingston Road to 120 metres north thereof Rosebank Road Taunton Road (Regional Road 4) to Third Concession Road Rosebank Road Third Concession Road to 825 metres south thereof Scarborough-Pickering Taunton Road (Regional Road 4) to Third Concession Townline Road Road Third Concession Road Brock Road (Regional Road 1) to 1300 metres west thereof Third Concession Road Whites Road (Regional Road 38) to Dixie Road Third Concession Road Rosebank Road to Rosebank Road - 442 - By-law No. Page 3 By-law passed this 26th day of June, 2023. ____________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 443 - Di x i e R o a d Strouds Lane Ro s e b a n k R o a d Fa i r p o r t R o a d Sheppard Avenue Ro u g e m o u n t D r i v e Sp r u c e H i l l R o a d Finch Avenue As p e n R o a d Oklahoma Drive Glenanna Road Pi n e G r o v e A v e n u e We s t S h o r e B o u l e v a r d Fo x w o o d T r a i l Am b e r l e a R o a d Ap p l e v i e w R o a d Gra n i t e C o u r t Oa k w o o d D r i v e Toynevale Road Hig h v i e w R o a d P a r k C r e s c e n t Wo o d v i e w A v e n u e Oa k b u r n S t r e e t Wa l n u t L a n e Hi l l c r e s t R o a d Fa w n d a l e R o a d Dunbarton Road O l d F o r e s t R o a d Ro c k w o o d D r i v e Br e e z y D r i v e Wi l d f l o w e r D r i v e L y n n H e i g h t s D r i v e D y s o n R o a d Sh a d y b r o o k D r i v e Ne w S t r e e t Pa r k s i d e D r i v e Steeple Hill Waterford Gate Ma r k s b u r y R o a d Rodd Avenue Ho o v e r D r i v e Amaret t o A v e n u e Vicki Drive Ra w l i n g s D r i v e Sa u g e e n D r i v e Ba t o r y A v e n u e Ey e r D r i v e Pe b b l e C o u r t Lo n g b o w D r i v e Autumn Crescent Ea s t b a n k R o a d Dunc a n n o n D r i v e Littleford Street H i g h b u s h T r a i l Ed m u n d D r i v e Sanok Drive Vistula Drive Va l l e y R i d g e C r e s c e n t Ro u g e V a l l e y D r i v e H u n t s m i l l D r i v e Co w a n C i r c l e P i n e R i d g e R o a d Sunrise Avenue Cl i f f v i e w R o a d Downl a n d D r i v e Darwin Drive Ol i v a S t r e e t Twyn Rivers Drive Ed g e w o o d R o a d Ba y l a w n D r i v e Post Drive Wh i t e C e d a r D r i v e Taplin Drive Mink Avenue Lawson Street Na p a n e e R o a d We s t c r e e k D r i v e Sunbir d T r a i l Charnwood Court Wo o d v i e w D r i v e Da h l i a C r e s c e n t Li g h t f o o t P l a c e Ye r e m i S t r e e t Hogar t h S t r e e t Treetop W a y Bonita Avenue Ly d i a C r e s c e n t Beach p o i n t P r o m e n a d e S a n d s t o n e M a n o r Swan Place Es s a C r e s c e n t Co b b l e r ' s C o u r t Welrus Street M e a d o w v i e w A v e n u e C r i c k e t L a n e St o n e p a t h C i r c l e He a t h s i d e C r e s c e n t Marin e t C r e s c e n t De e r b r o o k D r i v e Mc L e o d C r e s c e n t Fa l c o n c r e s t D r i v e Breda Avenue At w o o d C r e s c e n t Gwendolyn Street Regal Cresc e n t Fo l e y e t C r e s c e n t Cognac Crescent Fi d d l e r s C o u r t Weyburn Square Ce d a r c r o f t C r e s c e n t Creekview Cre s c e n t Richardson Street Moretta Avenue Vi l l a g e S t r e e t Sandhu r s t C r e s c e n t Timmins Gardens Bo w l e r D r i v e Sp a r t a n C o u r t Rougewalk Drive Mo u n t a i n A s h D r i v e Sparrow Circle Dencourt Drive A d a C o u r t Mo o r e l a n d s C r e s c e n t Woodsmere Crescent Du n n C r e s c e n t Sh a d e m a s t e r D r i v e Mahogany C o u r t La u r i e r C r e s c e n t Pineview Lane Ke l v i n w a y L a n e As h w o o d G a t e Ot o n a b e e D r i v e Be l i n d a C o u r t Ch i r o n C r e s c e n t Rushton Road Grafto n C o u r t Pi k e C o u r t G r a n b y C o u r t Dunfair Street Wi n g a r d e n C r e s c e n t Bralorne T r a i l D e l t a B o u l e v a r d Callahan Street Be c k w o r t h S q u a r e Woo d g r a n g e A v e n u e Frontier Court Primrose Court H e l m S t r e e t E d g e L a n e Mo s s b r o o k S q u a r e Norfolk Square D i x i e R o a d Ro s e b a n k R o a d Fa i r p o r t R o a d Wo o d v i e w A v e n u e Ro s e b a n k R o a d Bayly Stre e t Kingston Road Kings t o n R o a d Wh i t e s R o a d Al t o n a R o a d Kingst o n R o a d Finch Avenue B a y l y S t r e e t 37 27 22 38 37 401 1:24,000 SCALE: Engineering Services Department Full Load Highways Apr. 18, 2023 DATE: q Reduced Load Period March 1 - April 30 (Inclusive) Legend City Roads designated as Full Load Region Roads designated as Full Load Lake Ontario Frenchman's Bay C i t y o f T o r o n t o City Roads no longer designated as Full Load City Roads designated as Full Load 2023 Map 1 Attachment #2 to Report ENG 06-23 - 444 - Di x i e R o a d Glenanna Road Pickering P a r k w a y Va l l e y F a r m R o a d Li v e r p o o l R o a d Sa n d y B e a c h R o a d Clements Road Gl e n d a l e D r i v e Sq u i r e s B e a c h R o a d No t i o n R o a d Mc K a y R o a d Ch u r c h S t r e e t Bo w l e r D r i v e Mo d l i n R o a d Montgomery Park Road Wa l n u t L a n e Tatra Drive Du b e r r y D r i v e K r o s n o B o u l e v a r d Di l l i n g h a m R o a d Sa l k R o a d J o d r e l R o a d Fie l d l i g h t B o u l e v a r d To y A v e n u e Lu b l i n A v e n u e Ma r s h c o u r t D r i v e Do u g l a s A v e n u e F r o n t R o a d Linwood Street Al l i a n c e R o a d An n l a n d S t r e e t Ba l a t o n A v e n u e Gl e n v i e w R o a d Ra w l i n g s D r i v e Gu i l d R o a d L y n n H e i g h t s D r i v e B e m A v e n u e Finch Avenue Lo n g b o w D r i v e Br e e z y D r i v e Ma p l e G a t e R o a d Za t o r A v e n u e Fr i s c o R o a d Na r o c h B o u l e v a r d Commerce Street M a p l e R i d g e D r i v e Be a t o n W a y Ro y a l R o a d St o r r i n g t o n S t r e e t R e y t a n B o u l e v a r d De n b y D r i v e A b b e y R o a d Poprad Avenue Parkdale Street Ba i n s b r i d g e D r i v e An t o n i o S t r e e t D e n v a l e D r i v e Gr e n o b l e B o u l e v a r d Malden Crescent Fa i r v i e w A v e n u e Vis t u l a D r i v e Sh a y D r i v e So u t h v i e w D r i v e Gl e n g r o v e R o a d Co p p e r s t o n e D r i v e Li s t o w e l l C r e s c e n t Be e c h l a w n D r i v e Po p p y L a n e Br o n t e S q u a r e Ly d i a C r e s c e n t Fordon Avenue Geta Circle An t o n S q u a r e Alwin Circ l e Feldspar Court Usman Road Co r t e z A v e n u e He a t h s i d e C r e s c e n t K i n g f i s h e r D r i v e De e r b r o o k D r i v e Alpine Lane Fa l c o n c r e s t D r i v e Wharf Street St . M a r t i n s D r i v e Lo d g e R o a d Fo l e y e t C r e s c e n t Bic r o f t C o u r t The Espl a n a d e N o r t h Ce d a r c r o f t C r e s c e n t Sa f f r o n D r i v e Jaywin C i r c l e Dreyber Court Diefenbaker Court McPherson Court Canborough Crescent Al a n b u r r y C r e s c e n t Avonmore Square Sp a r t a n C o u r t Portland Court Ke l v i n w a y L a n e Es s a C r e s c e n t Orangebrook Court Luna Court Bayview Street F i e l d s t o n e C r e s c e n t D i x i e R o a d Sa n d y B e a c h R o a d Li v e r p o o l R o a d Sq u i r e s B e a c h R o a d Br o c k R o a d Bayly Street Kingst o n R o a d Li v e r p o o l R o a d Br o c k R o a d Bayly Street Kingst o n R o a d Finch Avenue Li v e r p o o l R o a d Ch u r c h S t r e e t S 1 29 22 22 401 1:24,000 SCALE: Engineering Services Department Full Load Highways Apr. 18, 2023 DATE: q Reduced Load Road Duration March 1 - April 30 (Inclusive) Legend City Roads designated as Full Load Region Roads designated as Full Load Lake Ontario Frenchman's Bay To w n o f A j a x City Roads no longer designated as Full Load City Roads designated as Full Load 2023 Map 2 - 445 - Di x i e R o a d Third Concession Road Strouds Lane Fa i r p o r t R o a d Si d e l i n e 3 4 Finch Avenue Fourth Concession Road Sp r u c e H i l l R o a d As p e n R o a d Ro s e b a n k R o a d Am b e r l e a R o a d Sa p p h i r e D r i v e Glenanna Road Highview Road Wo o d v i e w A v e n u e Pi n e G r o v e A v e n u e Wi l d f l o w e r D r i v e L y n n H e i g h t s D r i v e Ne w S t r e e t Ap p l e v i e w R o a d Pa r k s i d e D r i v e Bu r k h o l d e r D r i v e Old W h i t e s T r a i l Amaret t o A v e n u e Ra w l i n g s D r i v e Pe b b l e C o u r t Lo n g b o w D r i v e Dunc a n n o n D r i v e Oa k b u r n S t r e e t Martins Street Ro c k w o o d D r i v e Davidson Street Hu n t s m i l l D r i v e Darwin Drive Ba y l a w n D r i v e Post Drive Sp e k e R o a d Taplin Drive N a p a n e e R o a d Craighurst C o u r t We s t c r e e k D r i v e Sunbir d T r a i l Charnwood Court Bonita Avenue Copley Street Secord Street Swan Place C r i c k e t L a n e He a t h s i d e C r e s c e n t Ar i e l C r e s c e n t Tigerlily Tra i l Springview Drive De e r b r o o k D r i v e Thicket Crescent Regal Cresc e n tCognac Crescent Ce d a r c r o f t C r e s c e n t Fo l e y e t C r e s c e n t Purus P a t h Vi l l a g e S t r e e t Sandhu r s t C r e s c e n t Jomar Avenue Rougewalk Drive Flavelle Court Sparrow Circle Dencourt Drive Woodsmere Crescent Mahogany C o u r t To f f e e S t r e e t Ot o n a b e e D r i v e Be l i n d a C o u r t Grafto n C o u r t Primrose Court A l d e r C o u r t H e l m S t r e e t Pine H e i g h t s T r a i l Mo s s b r o o k S q u a r e Ro s e b a n k R o a d Fa i r p o r t R o a d Ro s e b a n k R o a d Wo o d v i e w A v e n u e Taunton Road Al t o n a R o a d Wh i t e s R o a d Taunton Road Finch Avenue Scarborough Pickering Townline Wh i t e s R o a d Cherrywood Cherrywood West Cherrywood East 4 4 37 27 38 37 1:24,000 SCALE: Engineering Services Department Full Load Highways April 18, 2023 DATE: q Reduced Load Period March 1 - April 30 (Inclusive) Legend City Roads designated as Full Load Region Roads designated as Full Load City Roads no longer designated as Full Load City Roads designated as Full Load 2023 Map 3 - 446 - Di x i e R o a d Va l l e y F a r m R o a d Glenanna Road Gl e n d a l e D r i v e No t i o n R o a d Major O a k s R o a d William J a c k s o n D r i v e Ti l l i n g s R o a d Li v e r p o o l R o a d Bo w l e r D r i v e De l l b r o o k A v e n u e Pickering Parkway Bu r k h o l d e r D r i v e Hib i s c u s D r i v e Du b e r r y D r i v e Marathon A v e n u e S o u t h c o t t R o a d Fie l d l i g h t B o u l e v a r d Ma r s h c o u r t D r i v e Linwood Street Zents Drive Ab b e y R o a d Skyridge B o u l e v a r d Gl e n v i e w R o a d Gu i l d R o a d De n b y D r i v e Finch Avenue Wa l n u t L a n e Ma p l e G a t e R o a d Ma p l e R i d g e D r i v e Be a t o n W a y Ro y a l R o a d Dersan Street Me r i a d o c D r i v e Aquariu s T r a i l Azale a A v e n u e Parkdale Street Ba i n s b r i d g e D r i v e De n v a l e D r i v e Liatris Drive St o r r i n g t o n S t r e e t Fourth Concession Road R a w l i n g s D r i v e Fo u r S e a s o n s L a n e Malden Crescent Misthollow Drive Pepperwood Gate C l e a r s i d e C o u r t Sh a y D r i v e So u t h v i e w D r i v e Gl e n g r o v e R o a d Wi l d w o o d C r e s c e n t Me l m a n S t r e e t Winville RoadAzalea avenue Li s t o w e l l C r e s c e n t Bentley Street Bruny Avenue Po p p y L a n e Br o n t e S q u a r e Ly d i a C r e s c e n t Geta Circle An t o n S q u a r e Alwin Circ l e Usman Road Third Concession Road Th e o d e n C o u r t Lo d g e R o a d Bic r o f t C o u r t Ar a t h o r n C o u r t The Espl a n a d e N o r t h Dusty Drive Ce d a r c r o f t C r e s c e n t Sa f f r o n D r i v e Jaywin C i r c l e S t a r b o a r d M e w s Dreyber Court Diefenbaker Court Ca c t u s C r e s c e n t Canborough Crescent Avonmore Square Flo r e n t i n e P l a c e Portland Court Kalmar Ave Halsey Lane Hayden Lane F i e l d s t o n e C r e s c e n t Br o c k R o a d Taunton Road Kingst o n R o a d Br o c k R o a d Taunton Road Kingst o n R o a d Finch Avenue Li v e r p o o l R o a d Third Concession Road 1 1:24,000 SCALE: Engineering Services Department Full Load Highways Apr. 18, 2023 DATE: q Reduced Load Period March 1 - April 30 (Inclusive) Legend City Roads designated as Full Load Region Roads designated as Full Load City Roads no longer designated as Full Load City Roads designated as Full Load 2023 Map 4 - 447 - No r t h R o a d Whitevale Road Fourth Concession Road Enterprise Gateway Go l f C l u b R o a d Si d e l i n e 2 8 Si d e l i n e 3 2 Si d e l i n e 2 6 Sa p p h i r e D r i v e Si d e l i n e 3 4 Ro s e b a n k R o a d Old W h i t e s T r a i l Si d e l i n e 2 4 Churchwin Street To f f e e S t r e e t By r o n S t r e e t Si d e l i n e 3 4 Whitevale RoadSi d e l i n e 2 8 No r t h R o a d Highway 7 Taunton Road Wh i t e s R o a d Al t o n a R o a d Taun t o n R o a d Ma r k h a m - P i c k e r i n g T o w n l i n e R o a d Whitevale Road Yo r k D u r h a m L i n e Wh i t e s R o a d W h i t e s R o a d Whitevale Green River 4 7 27 27 1:24,000 SCALE: Engineering Services Department Full Load Highways Apr. 18, 2023 DATE: q Reduced Load Period March 1 - April 30 (Inclusive) Legend City Roads designated as Full Load Region Roads designated as Full Load City Roads no longer designated as Full Load City Roads designated as Full Load 2023 Map 5 Ci t y o f M a r k h a m - 448 - Si d e l i n e 2 4 Si d e l i n e 1 6 Si d e l i n e 2 0 Si d e l i n e 2 2 Whitevale Road Fifth Concession Road William J a c k s o n D r i v e Sa p p h i r e D r i v e Br o u g h a m R o a d Marathon A v e n u e Mu l b e r r y L a n e Bu r k h o l d e r D r i v e Skyridge Bo u l e v a r d Zents Drive Aquariu s T r a i l Ti l l i n g s R o a d Fourth Concession Road Br i g a d i e r A v e n u e Azalea avenue Tu r n s t o n e B o u l e v a r d Kubota Drive Ca n a d i a n S t r e e t Stillmeadow Lane Tigerlily Tra i l Orenda Street Sw o r d b i l l S t r e e t Do n n a l e a A v e n u e Spring Street S t a r b o a r d M e w s Cactus Crescent Tisha Road To f f e e S t r e e t Si d e l i n e 1 6 Si d e l i n e 1 6 Si d e l i n e 2 4 Si d e l i n e 2 0 Highway 7 Br o c k R o a d Taunton Road Br o c k R o a d Taunton Road Peter MatthewsDrive Alexander Knox Road Brougham 1 4 407 1:24,000 SCALE: Engineering Services Department Full Load Highways Apr. 18, 2023 DATE: q Reduced Load Period March 1 - April 30 (Inclusive) Legend City Roads designated as Full Load Region Roads designated as Full Load City Roads no longer designated as Full Load City Roads designated as Full Load 2023 Map 6 To w n O f A j a x - 449 - Report to Executive Committee Report Number: ENG 08-23 Date: June 5, 2023 From: Richard Holborn Director, Engineering Services Subject: Waterfront Trail Reconstruction - Bruce Handscomb Memorial Park to Elvira Court - File: A-1440 Recommendation: 1. That Council approve retaining the services of the Toronto and Region Conservation Authority for project management and construction services for the Waterfront Trail Reconstruction, Bruce Handscomb Memorial Park to Elvira Court, in accordance with the City’s Purchasing Policy Appendix 1 Exceptions, item 8; 2. That Council authorize staff to execute a letter of agreement with the Toronto and Region Conservation Authority for the project management and construction services for the Waterfront Trail Reconstruction, Bruce Handscomb Memorial Park to Elvira Court, on such terms as are satisfactory to the Director, Engineering Services and the Director, Finance & Treasurer; 3. That Council authorize the Director, Finance & Treasurer, to finance the total net project cost of $584,940.00 as follows: a) The sum of $500,000.00 in capital project C10305.2109 as approved in the 2021 Property Maintenance Capital Budget, to be funded by a transfer from the Parkland Reserve Fund, be increased to $584,940.00; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The waterfront trail that runs between Bruce Handscomb Memorial Park and Elvira Court is partially situated on land owned by the City of Pickering and partially on land owned by Toronto and Region Conservation Authority (TRCA) under Management Agreement with the City of Pickering. The existing trail through this area is quite steep and narrow and does not meet accessibility guidelines, making it difficult to travel on, particularly when there is two-way traffic. The City retained TRCA to prepare detailed design drawings for the reconstruction and realignment of the trail, and to follow through with obtaining all the necessary approvals and permits required to proceed with the reconstruction of the trail. TRCA have indicated the desire to undertake the trail reconstruction works, and have submitted a proposal for their Restoration & Infrastructure team to perform the work. As the owner of a portion of the land and as experts on trail construction and ecological restoration work, TRCA are well suited for this project, - 450 - ENG 08-23 June 5, 2023 Subject: Waterfront Trail Reconstruction – Bruce Handscomb Memorial Park to Elvira Court Page 2 recognizing the sensitivity of the area and the nature of the safety hazards and environmental constraints inherent with working adjacent to streams. In accordance with the City’s Purchasing Policy, Section 19.01 and Appendix 1, item 8 – Work or services to or from other government agencies, utilities, Provincial or Federal agencies, Crown Corporations, municipalities, public agencies, or Boards are excluded from the requirements of the Purchasing Policy and may be procured by obtaining one price, subject to the funds being available in the Current or Capital Budgets. As owners of the land that supports this section of the Waterfront Trail, TRCA was successful in securing a Trans-Canada Trail Foundation Grant of $150,000.00 (HST included) and have committed to an in-kind contribution of $31,000.00 (HST included) thereby reducing the City’s share of construction costs. The grant and in-kind contribution is subject to TRCA being awarded the construction component. TRCA have advised that the best time to complete this work is during the fall and winter months, in order to cause the least amount of disturbance to the natural environment as well as trail users. They propose to mobilize in November 2023, with final restoration and paving being completed in the spring of 2024. It is recommended that TRCA be retained to complete the waterfront trail reconstruction work as outlined in this report and their proposal (Letter of Agreement) dated March 6, 2023. Financial Implications: 1. Proposal Amount Toronto and Region Conservation Authority Overall Fee Proposal Trans-Canada Trail Foundation Grant TRCA In-kind Contribution Fee Proposal Costs to City of Pickering $656,250.00 (132,743.36) (27,433.63) 496,073.01 HST (13%) 64,489.49 Total Gross Proposal Amount $560,562.50 - 451 - ENG 08-23 June 5, 2023 Subject: Waterfront Trail Reconstruction – Bruce Handscomb Memorial Park to Elvira Court Page 3 2. Estimated Project Cost Summary Toronto and Region Conservation Authority Fee Proposal $496,073.00 Associated Costs Contingency (12% of the Overall Fee Proposal costs) 78,750.00 Sub Total – Costs $574,823.00 HST (13%) 74,727.00 Total Gross Project Cost $649,550.00 HST Rebate (11.24%) (64,610.00) Total Net Project Costs $584,940.00 3. Approved Source of Funds – 2021 Parks Capital Budget Expense Code Source of Funds Budget Available Required C10305.2109.01-504750 RF - Parkland $500,000.00 $584,940.00 Net Project Cost under (over) Approved Funds ($84,940.00) TRCA were successful in obtaining a $150,000.00 (HST included) grant from the Trans Canada Trail Foundation to support the implementation of this trail reconstruction project and have committed to providing additional funds to an approximate value of $31,000.00 (HST included) through in-kind work, to cover a portion of the overall project costs. This value of work will be covered directly by the TRCA and will not be invoiced to the City of Pickering. These costs have been shown in the table above only to demonstrate the actual value of work being completed. The net project cost, to be funded by the City of Pickering is $584,940.00. The funds requested over the approved budget amount available are to provide a contingency, in the event that additional work is required due to poor soils conditions or possible replacement of the existing pathway lighting which requires relocation as part of the trail reconstruction work. Discussion: The waterfront trail that runs between Bruce Handscomb Memorial Park and Elvira Court is partially situated on land owned by the City of Pickering and partially on land owned by Toronto and Region Conservation Authority (TRCA) under Management Agreement with the City of Pickering. The existing trail through this area is quite steep and narrow and does not meet accessibility guidelines, making it difficult to travel on, particularly when there is two way traffic. - 452 - ENG 08-23 June 5, 2023 Subject: Waterfront Trail Reconstruction – Bruce Handscomb Memorial Park to Elvira Court Page 4 As part of the 2019 Property Maintenance Capital Budget, funds were approved for the site investigation and design work for the reconstruction of the waterfront trail through this area. The TRCA were retained to collect the initial background data and to develop a preferred alternative to realign and widen the trail. This work was further advanced to detailed design for the purpose of obtaining the required approval agency permits for construction. The new asphalt trail will be realigned to remove the restricted visibility, be regraded to a maximum of 5 percent slope for accessibility, and be widened to 3.0m for safe two-way traffic. A larger culvert will be installed under the path to convey the required design flows for the more intense storms that are being experienced. The existing trail alignment will be restored and be revegetated as part of the restoration works. As part of the 2021 Property Maintenance Capital Budget, $500,000 was approved for the reconstruction of this section of waterfront trail. TRCA have indicated the desire to undertake the trail reconstruction and have submitted a proposal for their Restoration & Infrastructure team to perform the work. A similar arrangement for TRCA to perform the Lake Ontario Shoreline Restoration work in Rotary Frenchman’s Bay West Park was completed successfully in 2022. As the owner of a portion of the land, and as experts on trail construction and ecological restoration work, TRCA are well suited for this project, recognizing the sensitivity of the area and the nature of the safety hazards and environmental constraints inherent with working adjacent to bodies of water. During the wind storm of May 2022, a large number of mature trees were blown over in the Vistula Ravine, where this trail passes through. The uprooted trees caused significant damage to the forest and the integrity of the valley slope. TRCA are also proposing to repair the slope damage and revegetate the areas of tree loss while on site completing the trail reconstruction work. While on site, TRCA will also be removing invasive plant species and performing other site restoration work where the Vistula Ravine outlets into Frenchman’s Bay. This work is not included in the proposed project costs and will be funded directly by the TRCA. In accordance with the City’s Purchasing Policy, Section 19.01 and Appendix 1, item 8 – Work or services to or from other government agencies, utilities, Provincial or Federal agencies, Crown Corporations, municipalities, public agencies, or Boards are excluded from the requirements of the Purchasing Policy and may be procured by obtaining one price, subject to the funds being available in the Current or Capital Budgets. TRCA have advised that the best time to complete this work is during the fall and winter months, in order to cause the least amount of disturbance to the natural environment as well as trail users. They propose to mobilize in November 2023, with final restoration and paving being completed in the spring of 2024. It is recommended that TRCA be retained to complete the waterfront trail reconstruction work in accordance with their proposal (Letter of Agreement) dated March 6, 2023. - 453 - ENG 08-23 June 5, 2023 Subject: Waterfront Trail Reconstruction – Bruce Handscomb Memorial Park to Elvira Court Page 5 Attachments: 1.Location Map Prepared By: Approved/Endorsed By: Arnold Mostert, OALA Richard Holborn, P. Eng. Manager, Landscape & Parks Development Director, Engineering Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer AM:mjh Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original signed by:Original signed by: Original signed by: Original signed by: - 454 - Vistula Drive B r e e z y D r i v e Es s a C r e s c e n t Le a s i d e S t r e e t El v i r a C o u r t B o x w o r t h P l a c e SCALE: Engineering Services Department Waterfront Trail Reconstruction - Between Elvira Court and Bruce Handscomb Memorial ParkMay. 18, 2023 DATE: Subject Area 1:2,943 Path: L:\MPandE\Asset Management - GIS\EPW GIS\01 Maps\LocationMaps\LocationMaps.aprx Frenchman's Bay Waterfront Trail Reconstruction Location Legend Attachment #1 to Report ENG 08-23 - 455 - Report to Executive Committee Report Number: OPS 15-23 Date: June 5, 2023 From: Brian Duffield Director, Operations Subject: Ontario Power Generation Licence Amending Agreement - File: A-1440 Recommendation: 1. That Report OPS 15-23 regarding Ontario Power Generation Inc. Licence Amending Agreement be received; 2. That the Mayor and City Clerk be authorized to execute the Licence Amending Agreement with Ontario Power Generation Inc. to amend and extend the term of the licence as set out in Attachment 1 to this Report, subject to the minor revisions agreeable to the Director, Operations and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: The attached draft Licence Amending Agreement (Licence Agreement) between Ontario Power Generation Inc. (OPG) and the City of Pickering (the City) will continue to provide the City with much needed Lands (collectively Alex Robertson Park, Bay Ridges Kinsmen Park and Beachfront Park) for recreational uses. The City and OPG entered into a Licence Agreement for a five-year term on June 27, 2013, and a Licence Amending Agreement for a five-year term on June 26, 2018. OPG is in agreement to amend and extend the term of the Licence for a period of ten years, commencing on July 1, 2023 and ending on June 30, 2033. Financial Implications: Under the existing agreement, the City is responsible for the full cost of maintenance on the lands used for recreational purposes, and for paying the taxes or other similar charges levied against the lands. Discussion: On June 27, 2013, the City entered into a Licence Agreement with OPG from July 1, 2013 to June 30, 2018, permitting the City to use the Lands (collectively Alex Robertson Park, Bayridges Kinsmen Park and Beachfront Park) for recreational uses. On June 26, 2018, the City entered into a Licence Amending Agreement with OPG to extend the five-year term of the Licence to June 30, 2023, and amend the Licence to replace Schedules “A”, “B”, and “C” with new aerial maps to describe the Lands. - 456 - OPS 15-23 June 5, 2023 Subject: Ontario Power Generation Licence Amending Agreement Page 2 Alex Roberson Park includes a gravel parking lot, a cricket pitch, a cricket batting cage, a trailer used as the cricket clubhouse, two concrete storage bunkers, natural tree planting areas, gravel pathways, Homeplace sculpture, seven Kimba Kind wood carvings sculpted by artist Dorsey James, and an asphalt paved portion of the Waterfront Trail. This park is utilized every year to stage the annual Canada Day fireworks viewed from Bayridges Kinsmen Park. Bayridges Kinsmen Park consists of 38 acres and includes two large gravel parking lots, four lit baseball diamonds, lit tennis courts, one lit artificial soccer field, three full size lit soccer fields, three unlit soccer fields, a picnic shelter, a seasonal washroom facility with four change rooms, a playground and a separate playground swing set. This park hosts the yearly Canada Day evening event consisting of a stage for musical entertainment, food truck vendors and is where the fireworks viewing takes place. Beachfront Park consists of 8.8 acres of dynamic beach bordering the Hydro Marsh/Krosno Creek to the north and Lake Ontario to the south. This area includes a portion of Millennium Square, a seasonal washroom facility, a splash pad, several shade structures along the beach, and an observation deck overlooking Hydro Marsh/Krosno Creek. Millennium Square hosts summer concerts in the evenings every Thursday during the months of July and August and will host the new “Fall Fling” and “Winter Wonderland” events in 2023. In order for the City to continue providing recreational services on the Land, the following licence extension and amendments were requested and reviewed by the Director, Corporate Services & City Solicitor: • The Term of the agreement was increased from five to ten years. • Section 4.11 now includes drones as prohibited on the property. • Section 4.12 (a new clause) was added to allow winter maintenance of parking lots, walkways and trails using only pickled sand with a salt content of no more than five (5) percent. As such, the Operations Department recommends that a renewal agreement be initiated with OPG to amend and renew the Licence Amending Agreement for a further ten-year term, beginning on July 1, 2023, and ending on June 30, 2033. Attachment: 1. 2023-2033 Draft Licence Amending Agreement. - 457 - OPS 15-23 June 5, 2023 Subject: Ontario Power Generation Licence Amending Agreement Page 3 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Rob Gagen Brian Duffield Manager, Parks & Property Director, Operations BD:rg Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 458 - 1 Licence Amending Agreement This Agreement (the “Second Licence Amending Agreement”) is made as of April 20th, 2023 Between: ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario (hereinafter called “OPG”) and THE CORPORATION OF THE CITY OF PICKERING a corporation existing under the laws of Ontario (hereinafter called the “City”) Recitals: A.WHEREAS OPG and the City entered into a licence agreement dated as of June 27, 2013 (the "Licence"), whereby OPG granted a non-exclusive licence to the City to enter upon a portion of the Lands for Recreational Uses; B.AND WHEREAS OPG and the City entered into a licence amending agreement dated as of June 26, 2018 (the “Amending Agreement”) whereby OPG granted an extension of the term and replaced Schedules “A”, “B”, and “C” (the “Schedules”); C.AND WHEREAS the City wishes to extend the term of the Licence; D.AND WHEREAS OPG and the City have agreed to amend the Licence to extend the Term of the Licence on the terms and conditions contained herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of Two Dollars ($2.00) now paid by each party hereto to the other and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), OPG and the City covenant and agree as follows: 1.Recitals. The parties hereby acknowledge, confirm and agree that the foregoing recitals are true in substance and in fact. 2.Term. The parties hereby agree to extend the Term of the Licence for a term of ten (10) years commencing July 1st, 2023 and to be fully completed and ended on June 30th, 2033, except where the Licence has provided for early termination. 3.Deletion and Replacement of Section 4.11 Section 4.11 of the Licence is deleted and replaced with the following; The City shall prohibit drone, kite and model aeroplane flying and any other activities which in the opinion of OPG might interfere with the safe and efficient operation of its works or Attachment #1 to Report OPS 15-23 - 459 - 2 be offensive, annoying or dangerous and shall post signs in locations on the Lands approved in writing by OPG, stating that drone flying, kite flying and model aeroplane flying and other activities are prohibited. 4. Addition of Section 4.12 Under Section 4 of the Licence, the following will be added as Section 4.12. The City shall be permitted to perform winter maintenance of the parking lots, walkways and trails using only pickled sand with salt content no higher than five (5) percent. 5. General. (a) Except where inconsistent with the foregoing provisions of this Second Licence Amending Agreement, all of the provisions of the Licence Agreement and Amending Agreement shall apply, mutatis mutandis, to this Second Licence Amending Agreement. The parties acknowledge, confirm and agree that in all other respects the terms and conditions of the Licence Agreement and Amending Agreement remain in full force and effect, unchanged and unmodified (including, without limitation, except in accordance with this Second Licence Amending Agreement). (b) Except as specifically stated in this Second Licence Amending Agreement, any term which is defined in the Licence Agreement and Amending Agreement, shall, unless the context otherwise requires, have the same meaning when used in this Second Licence Amending Agreement. 6. The parties agree to execute such further and other agreements from time to time as may be reasonably necessary in order to give effect to this Second Licence Amending Agreement. 7. This Second Licence Amending Agreement may be executed in several counterparts and delivered by email or pdf copy, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. This Second Licence Amending Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and their permitted assigns. 8. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender notice include all genders. 9. The provisions hereto shall be interpreted according to the laws of the Province of Ontario. 10. The invalidity or unenforceability of any provision of this Second Licence Amending Agreement shall not affect the validity or enforceability of any other provision, but shall be deemed to be severable. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] - 460 - 3 The parties hereto have duly executed this Agreement as of the year and date first written above. ONTARIO POWER GENERATION INC. THE CORPORATION OF THE CITY OF PICKERING __________________________________ __________________________________ Name: Ray Davies Name: Title: Senior Manger Real Estate Title: - 461 - Report to Executive Committee Report Number: PLN 19-23 Date: June 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Tree Protection By-law Update -Status Update -File: D-1100-104 Recommendation: 1.That Report PLN 19-23 providing an update on Phase 2 of the Tree Protection By-law Update be received; 2.That the proposed new draft Tree Protection By-law included as Appendix I to this report be received, and that staff be authorized to circulate it for comment; and 3.That Council authorize the Corporate Working Group, led by City Development staff, to proceed with Phase 3 of the Tree Protection By-law Update. Executive Summary: The City’s existing Tree Protection By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, currently only applies to “environmentally sensitive lands”, as identified in the screening area on the current By-law Schedule. Some of the “environmentally sensitive lands” are on private property, but the vast majority of privately owned lands are not identified as part of the screening area on the By-law Schedule. In September 2020, Council directed staff to investigate the implementation of a by-law for the protection of trees on all private property, and report back to Council (Resolution #428/20). This direction was the result of one of the recommendations of the Infill & Replacement Housing in Established Neighbourhoods Study (Report PLN 18-20). Staff undertook initial investigations and reported the Phase 1 findings to Council in May 2022 (Report PLN 23-22). Council authorized staff to undertake a process to amend the existing Tree Protection By-law to give greater protection to more trees within the City of Pickering, and to include a public engagement process, and report back to Council. This report provides the results of Phase 2 of the project. A new draft Tree Protection By-law has been prepared for Council’s information and authorization for the Corporate Working Group to undertake consultation on this draft By-law (see proposed new draft Tree Protection By-law, Appendix I). Phase 3, the next step, includes circulation of the proposed new draft Tree Protection By-law to agencies, interested stakeholders, and the public, for review and comment, and the preparation of a recommendation report to the Executive Committee in fall 2023. - 462 - PLN 19-23 June 5, 2023 Subject: Tree Protection By-law Update Page 2 Financial Implications: Although this report has no direct financial implications to the City, the outcome of this project may have financial implications to the City, which would be addressed in a future report. Discussion: 1. Purpose The purpose of this report is to provide Council with an update on the Tree Protection By-law amendment process (the TPB Project), and to present the proposed new draft Tree Protection By-law to the Executive Committee, prior to seeking the public’s input on the proposed draft By-law. The City’s existing Tree Protection By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, currently only applies to “environmentally sensitive lands”, as identified on the current By-law Schedule. There is also a regional tree protection cutting By-law in effect, but that is not within the City’s jurisdiction, and is not part of this review. The purpose of the TPB Project, would be to extend tree regulation to all of Pickering, by capturing trees on private properties as well. A copy of the existing Tree Protection By-law, as amended, is contained in Attachment #2 to this report. 2. Background 2.1 Project Initiation Following the consideration of Report PLN 18-20 in September 2020 (regarding the Infill and Replacement Housing in Established Neighbourhoods Study), Council directed staff to investigate and report back on the implementation of a By-law for the protection of trees on private property. This investigative work commenced in early 2022, and in May 2022, staff reported the results of their investigation to Council. With Council’s authorization, staff undertook a process to update the existing Tree Protection By-law 6108/03, as amended, to give greater protection to more trees within the City of Pickering, and to include a public engagement process, and report back to Council. Public engagement was postponed to spring 2023 to accommodate for municipal elections in fall 2022, and to synergize the public launch of this initiative with Sustainability’s Earth Month engagement activities in April 2023. On March 27, 2023, Council passed a motion which, amongst other things, directed staff to prepare a draft By-law that would regulate tree removal of a defined diameter on private property, similar to the City of Toronto; and that would protect trees from injury on private property during construction (see Council Resolution #144/23, Attachment #1). This would include trees that may be impacted by infill development, replacement housing, additions to existing houses, construction of secondary structures, and draft plans of subdivision. This motion reaffirmed Council’s initial direction to staff in May 2022, and recognized the work that was already underway in relation to the creation of a new Tree Protection By-law. - 463 - PLN 19-23 June 5, 2023 Subject: Tree Protection By-law Update Page 3 2.2 Project Process The TPB Project is composed of three phases: • Phase 1: Investigation, consisting of background research, preliminary municipal scans, and a review of best practices; • Phase 2: First Round of Public Engagement – Soft launch of this initiative and development of a draft new Tree Protection By-law, and status report to Council; and • Phase 3: Second Round of Public Engagement to obtain feedback on draft new Tree Protection By-law for review, and preparation of final draft By-law for approval by Council. At this time, we are concluding Phase 2 of the Project. 3. Project Status Since the launch of the Project, City staff: • conducted research and analysis through a preliminary municipal scan, reviewed best practices, and prepared a public engagement strategy (January to April 2022); • reported results of initial investigation to Council, and obtained direction to prepare the Tree Protection By-law to include private properties, and undertake public engagement (May 2022); • launched public engagement by teaming up with Sustainability initiatives during Earth Month (April 2023) to provide insight to the TPB Project; • held a Virtual Stakeholder meeting on April 13, 2023, extending invitations to arborists, developers, landscape specialists or other tree-related business, organization or professional to obtain specialized perspectives; • hosted a Public Information Centre on April 19, 2023, allowing the public to review the presentation boards and speak to staff about the TPB Project; and • presented an update on the TPB Project at the Ward 1 Town Hall Meeting on April 20, 2023 (at the request of the Ward 1 Councillors). A more detailed description of the results of the above public engagement initiatives is contained in Section 4 of this report. 4. Summary of Public Engagement 4.1 Teaming Up at Earth Month webinars and workshops Working in tandem with Sustainability initiatives during April’s Earth Month, the TPB Project built upon on a number of in-person seminars and webinars. The April 3, 2023, Build a Birdhouse seminar had approximately 50 participants, while the April 22, 2023, Community Tree Planting seminar had over 200 participants. A pop-up for the TBP Project was held at these events. Feedback was generally positive, and staff received many inquiries regarding the implications of an expanded regulatory area on private property owners. - 464 - PLN 19-23 June 5, 2023 Subject: Tree Protection By-law Update Page 4 The April 18, 2023 Invasive Species and their Environmental Impact webinar, and the April 25, 2023 Gardening for Climate Change webinar collectively had 53 participants. A short presentation was provided on the TPB Project, encouraging participants to attend the PIC, visit the project website, and fill out the online survey. 4.2 Virtual Stakeholder Meeting A virtual stakeholder meeting was held on April 13, 2023. Notice of the event was given via email, to arborists, landscape specialists, developers, tree-related businesses, organizations or professionals. The purpose of the meeting was to inform participants of other engagement opportunities, to create greater awareness amongst their peers regarding the initiative, and to gain specialized feedback. Eight participants attended the virtual meeting. The staff presentation was also uploaded to the project website for those unable to attend the virtual meeting. 4.3 Public Information Centre (PIC) A PIC was hosted at the Civic Centre Lobby, the evening of April 19, 2023 from 6:00 pm to 8:00 pm. The event was advertised on the Community Page of the News Advertiser on April 6, 2023 and April 13, 2023, the City’s website, inDurham News and the NRU Publication. Eleven participants attended the event. Feedback received covered various matters, including the rights and responsibilities of property owners, questions of how to tend to pruning overhanging trees, and requests for tree planting programs, and guidelines for homeowners with smaller lots. Participants gained greater insight into the permitting process, and requirements if removal of trees was necessary. Participants were encouraged to fill out the survey, and they were also informed of future engagement opportunities, (e.g., the second upcoming PIC slated for June 28, 2023). 4.4 Ward 1 Town Hall Meeting Upon request from Ward 1 Councillors, staff presented an update on the TPB Project at the April 20, 2023 Ward 1 Town Hall meeting, paired with a Q&A session. There were between 30 to 40 participants, garnering support for expanding the Tree Protection By- law onto private properties. Attendees were encouraged to fill out the online survey, visit the Project website, and to stay tuned for the second PIC later in June 2023. 4.5 The Online Survey An online survey was posted on the Let’s Talk Pickering project page from April 3, 2023 to April 30, 2023, yielding 247 responses. • 43.5% of the respondents were not aware of a Tree Protection By-law, with 82.1% expressing support for the expansion of the Tree Protection By-law to include all lands within the City; • in terms of the proposed minimum diameter of the trees to be regulated on private properties, 25% of the respondents selected 10 cm, 24.8% selected 15 cm, 18.7% selected 30 cm, 17.5% selected 20 cm, 6.5% selected 25 cm, and 8.5% expressed either greater than 30 cm or not to have any regulation altogether; - 465 - PLN 19-23 June 5, 2023 Subject: Tree Protection By-law Update Page 5 • 37.4% and 28% were not at all likely to remove trees within and beyond the next two years, respectively, with 32.9% and 29.3% not likely to remove trees within and beyond the next two years; • 52.4% sought tree removal due to general maintenance, with 32.9% hoping to add a landscape feature or accessory structure to their property; and • 92% of respondents live in Pickering, with 93% from L1V, L1W, L1X postal codes. An overview of the quantitative data and summarized general comments received through the on-line survey is provided in Attachment #3 to this report. 5. Proposed New Draft Tree Protection By-law In consideration of best practices, and given the age of the current By-law, staff recognized that a lot of the information in the current by-law is outdated, and consequently recommend that the existing By-law be repealed and replaced with a new By-law. The proposed new draft Tree Protection By-law would follow the same format and structure of the current By-law, containing revised definitions, exemptions, prohibitions, and provisions related to appeals, administration, and enforcement. Updates to the proposed new draft Tree Protection By-law focus on two primary factors: the geographic scope of the regulated screening areas; and the appropriate minimum caliper to be protected (or diameter of the tree trunk measured at 1.5 metres above the ground; also known as DBH). It is proposed to extend the regulatory area beyond “environmentally sensitive lands” to capture all of the City of Pickering. Accordingly, the proposed new by-law will have two screening areas distinguishing between Tree Protection Area ‘A’ (trees within “environmentally sensitive lands”) and Tree Protection ‘B’ (trees outside of “environmentally sensitive lands”) (see new draft Schedule “A” to proposed new draft Tree Protection By-law, see Appendix I). The current Tree Protection By-law exempts trees with a caliper of less than 2.5 cm in the “environmentally sensitive areas” screening zone from the provisions of the By-law. The minimum DBH of trees within “environmentally sensitive lands” is proposed to be maintained at 2.5 cm. For lands outside of the existing screening area (and now in the draft Tree Protection Area ‘B’), the minimum caliper of trees to be regulated must be established. At this time, staff proposes a minimum DBH of 30 cm for such trees. This dimension considers budget and staff resources associated the broader regulatory area, and ensures the administration and enforcement of the new by-law remains effective and manageable. The proposed DBH of 30 cm for trees outside of “environmentally sensitive lands” is consistent with a number of other municipalities currently regulating trees ranging from 20 cm to 30 cm. Based on an Urban Forest Study the City conducted in 2012, along with an initial projection, approximately 25% of the trees within the City are estimated to be over 30 cm in DBH. Once staff have had an opportunity to assess the effectiveness of this DBH value further regulation of trees on private properties following a graduation process towards a lower DBH (e.g., 25 cm or lesser) may be considered. - 466 - PLN 19-23 June 5, 2023 Subject: Tree Protection By-law Update Page 6 6. Next Steps Next steps in the TPB Project include initiating Phase 3 with the following tasks: • circulating the proposed new draft Tree Protection By-law to stakeholders and agencies for comments; • holding a second Open House Public Information Centre to seek feedback on the proposed new By-law; and • providing a recommendation report to Executive Committee, complete with a final draft By-law, in the fall of 2023. Appendix Appendix I The proposed new draft Tree Protection By-law Attachments: 1. Council Resolution #144/23, dated March 27, 2023 2. The current Tree Protection By-law 6108/03, as amended 3. Quantitative Data and Summarized General Comments received through the On-Line Survey - 467 - PLN 19-23 June 5, 2023 Subject: Tree Protection By-law Update Page 7 Prepared By: Original Signed By Ish Chowdhury Planner II, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Original Signed By Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Jason Litoborski (Acting) Manager, Municipal Law Enforcement Services IC:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 468 - Appendix I to Report PLN 19-23 Proposed New Draft Tree Protection By-law - 469 - Draft The Corporation of the City of Pickering By-law No. XXXX/XX Being a by-law to prohibit and regulate the injuring, destruction or removal of trees in the City of Pickering Whereas pursuant to Section 135(1) of the Municipal Act, 2001, S.O 2001, c. 25, as amended, a local municipality may prohibit or regulate the injuring, destruction, or removal of trees; and Whereas the Council of The Corporation of the City of Pickering is desirous of repealing By-law 6108/03, as amended by By-laws 6191/03 and 7007/09 and enacting a by-law by increasing regulations with regards to the injuring, destruction or removal of trees in the City of Pickering. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Part 1 – Interpretation 1.1 Short Title This By-law may be cited as the “Tree Protection By-law”. 1.2 Interpretation When reading and interpreting this By-law: (a) Unless otherwise specified, references in this By-law to parts, sections, clauses and schedules are references to parts, sections, clauses and schedules in the By-law; (b) References in this By-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted; (c) This By-law shall be read with all changes in gender or number as the context requires; (d) References in this By-law to items in the plural include the singular, and references to the singular include the plural, as applicable. 1.3 Conflicts This By-law and the provisions contained within are intended to be complementary to provincial statutes and to other by-laws passed by the Region or Durham or the City of Pickering. In the event any other applicable law requires a higher standard than what this By-law requires, the higher standard shall apply. - 470 - By-law No. XXXX/XX Page 2 Draft 1.4 Severability Each and every one of the provisions of this By-law is severable and if any provision of this By-law should, for any reason, be declared invalid by any court, it is the intention and desire of this Council that each and every one of the remaining provisions hereof shall remain in full force and effect. 1.5 Scope This By-law shall apply to all property in the City. 1.6 Schedule A Schedule A attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 1.7 Definitions In this By-law: (a) "City" shall mean the Corporation of the City of Pickering; (b) “Certified Arborist” shall mean an individual who holds a valid arborist certificate from the International Society of Arboriculture or similar qualifications as approved by the City. (c) "Clerk" shall mean the Clerk for the Corporation of the City of Pickering or his designate; (d) "Council" shall mean the Council of the Corporation of the City of Pickering; (e) "DBH" shall mean Diameter at Breast Height, being the diameter of the stem of a tree measured at a point that is 1.5 metres above ground; (f) "Declared Emergency” shall mean an event or situation, natural or otherwise that results in the declaration of an emergency by the federal, provincial or municipal government and requires the destruction, injury or removal of trees. (g) “Emergency Services” shall mean public organizations that respond to and deal with emergencies when they occur, especially those that provide police, ambulance, and firefighting services. (h) “Tree Protection Area A" includes areas identified as Significant Woodlands, Shorelines, Significant Valley Lands and Stream Corridors, and Wetlands, as set out in Schedule "A" attached hereto. “Tree Protection Area B” include all areas not subject to “Tree Protection Area A”. - 471 - By-law No. XXXX/XX Page 3 Draft (i) "Good Arboricultural Practices” shall mean the proper planting and care of Trees in accordance with the most current version of the ANSI A300, American National Standards for Tree Care Operations. (j) “Good Forestry Practice" shall mean the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and which minimize detriments to forest values including significant ecosystems; important fish and wildlife habitat; soil and water quality and quantity; forest productivity and health; and the aesthetics and recreational opportunities of the landscape. Good forestry practice shall also include the cutting and removal of severely damaged, diseased and insect infested trees which must be removed in order to prevent contamination or infestation of other trees, or which no longer contribute to the achievement of forest values; (k) "Officer" shall mean a municipal law enforcement officer employed by the City or a police officer pursuant to subsection 42(1)(h) of the Police Services Act. (l) “Order” shall mean an order issued pursuant to this by-law and may require actions such as stopping an activity or replanting trees as may be required. (m) "Owner" shall mean the registered owner of land, or their agent, or anyone acting under the direction of the owner or their agent; (n) “Property Review Committee” shall mean the committee appointed by Council for the purposes of hearing appeals related to various property related matters including but not limited to this By-law. (o) “Property Standards Order” shall mean an order issued under the City of Pickering Property Standards By-law 7887/21, as may be amended. (p) "Site" shall mean the area of land containing any tree(s) proposed to be injured, destroyed or removed Part 2 – Regulations 2.1 General Prohibitions (a) Unless otherwise exempted by this By-law, no person shall injure, destroy, or remove a tree in the City of Pickering without a permit issued under this By-law. (b) Unless otherwise exempted by this By-law, no person shall cause or permit any injury, destruction, or removal of a tree measuring 2.5 centimetres DBH or larger in Tree Protection Area A. - 472 - By-law No. XXXX/XX Page 4 Draft (c) Unless otherwise exempted by this By-law, no person shall cause or permit any injury, destruction, or removal of a tree measuring 30 centimetres DBH or larger in Tree Protection Area B. (d) Where a permit has been issued pursuant to this By-law, no person shall cause or permit any injury, destruction or removal of a tree, except in accordance with the plans, conditions and any other information on the basis of which a permit was issued. 2.2 Exemptions The provisions of this By-law do not apply to: (a) any tree with a measurement less than 2.5 centimetres DBH located inside Tree Protection Area A, or is less than 30 centimetres DBH located within Tree Protection Area B. (b) activities or matters undertaken by a municipality or a local board of a municipality; (c) lands owned by, regulated by or to activities or matters undertaken by the Toronto and Region Conservation Authority or the Central Lake Ontario Conservation Authority; (d) activities or matters undertaken under a license issued under the Crown Forest Sustainability Act, 1994; (e) the injuring, destruction, removal of trees by a person licensed under the Surveyors Act, to engage in the practice of cadastral surveying or his or her agent, while making a survey; (f) the injuring, destruction, or removal of trees imposed as a condition to the approval of a site plan, a plan of subdivision or a consent under Section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; (g) the injuring, destruction, or removal of trees imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (h) the injuring, destruction, or removal of trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that Section; (i) the injuring, destruction, or removal of trees undertaken on land described in a license for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; - 473 - By-law No. XXXX/XX Page 5 Draft (j) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act; (k) trees measuring less than 2.5 centimetres DBH; (l) to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001; (m) pruning that is necessary to maintain the health and condition of the tree and is carried out in accordance with Good Arboricultural Practices; (n) to woodlots that are governed by By-law Number 148-91 of the Regional Municipality of Durham or its successor; (o) the injuring, destruction, or removal of trees that are a noxious weed as defined in the Weed Control Act, R.S.O. 1990, c. W.5; (p) the injuring, destruction, or removal of trees undertaken by a Conservation Authority on its own lands or in response to a Declared Emergency; (q) the injuring, destruction, or removal of trees at the direction of Emergency Services; (r) the injuring, destruction, or removal of a tree located within an actively managed cultivated orchard, tree farm or plant nursery; (s) the injuring, destruction or removal of a tree as identified by a Certified Arborist is threat to health or safety; (t) the removal of a tree that has been damaged by a storm or other natural act that is an immediate danger to health and safety; (u) the injuring, destruction or removal of a tree that is required by a Property Standards Order issued under the Building Code Act; (v) the injuring, destruction or removal of a tree that is a Normal Farm Practice as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1.; 2.3 Requirements for an Application (a) A person applying for a permit under this By-law shall submit a completed application form, along with required plans, information, and a fee of: i. $100 for a permit requiring an inspection by the City’s arborist, or ii. $50 for a permit accompanied by a Certified Arborist report, or iii. $0 for a permit for a dead tree. - 474 - By-law No. XXXX/XX Page 6 Draft (b) Any permit issued under this By-law is valid for 6 months after the date of issuance. (c) A permit may be denied for the following reasons: i. the application form is not complete; ii. the tree is located on lands subject to an application for an official plan amendment, rezoning, consent to sever, a minor variance, a plan of subdivision, a plan of condominium a site plan, or a building permit, and the application has not yet received final approval, or the permit has not yet been issued; iii. the removal of the tree is not consistent with an approved site plan, tree protection plan, or City-endorsed report of a Certified Arborist; iv. the tree to be removed is an endangered species as defined by the Endangered Species Act, 2007; v. the removal of the tree would be in contravention of the Migratory Bird Convention Act, 1994; or vi. the tree to be removed is healthy, and meets the minimum size requirements as set out in this By-law. 2.4 Appeals (a) A person wishing to appeal an order made under this By-law may appeal to the Property Review Committee within 14 days of receiving an order. (b) Any applicant who is denied a permit under this By-law may appeal to the Property Review Committee within 14 days of receiving the denial. (c) The Property Review Committee shall be convened as soon as practicable after receiving an appeal. The decision of the Property Review Committee under this By-law is final and binding. (d) An appeal fee of $100 is payable at the time of filing an appeal. Part 3 – Enforcement 3.1 Enforcement and Administration (a) The administration and enforcement of this By-law shall be performed by the Manager, Municipal Law Enforcement Services and such persons tasked to administer the By-law. (b) If after an inspection, an Officer is satisfied that a contravention of this By-law has occurred, the Officer may order the person to discontinue the activity, and the order shall be served personally, by posting it in a conspicuous place on the subject property, or by prepaid registered mail to the last known address of the owner of the property. - 475 - By-law No. XXXX/XX Page 7 Draft (c) An Officer alone, or in conjunction with a person possessing special or expert knowledge may, at any reasonable time, enter upon any property for the purpose of determining whether or not the provisions of this By-law have been complied with. (d) An Officer alone, or in conjunction with a person possessing special or expert knowledge, may conduct examinations, take photographs, or collect any evidence necessary for the purpose of determining if an offence of this By-law has occurred. (e) No person shall prevent, hinder or interfere, or attempt to prevent, hinder or interfere, with an Officer. (f) No person shall fail to provide any documents, or other relevant items related to a contravention of this By-law, to any Officer upon request. An Officer may remove and make copies of these documents and items. (g) Where an Officer has reasonable grounds to believe that an offence has been committed by any person, the Officer may require the name, address and proof of identity of that person, and no person shall fail to provide the requested information. (h) Unless authorized by a permit, no person shall cause or permit any injury, destruction or removal of a protected tree. (i) No person shall cause or permit any action contrary to an order issued under this By-law. (j) Where a permit has been issued pursuant to this By-law, no person shall cause or permit the injury, removal or destruction of any tree except in accordance with the conditions of the permit issued. 3.2 Offences and Penalties (a) Any person who contravenes any provision of this By-law, or any order pursuant to this By-law, is guilty of an offence and on conviction liable: i. On first conviction, to a fine of not more than $50,000 or $2,000 per tree, whichever is greater. ii. On any subsequent conviction, to a fine of not more than $100,000 or $5,000 per tree, whichever is greater. (b) Any business entity that contravenes any provision of this By-law, or any order pursuant to this By-law, is guilty of an offence and on conviction liable: i. On first conviction, to a fine of not more than $75,000 or $3,000 per tree, whichever is greater. ii. On any subsequent conviction, to a fine of not more than $100,000 or $7,500 per tree, whichever is greater. - 476 - By-law No. XXXX/XX Page 8 Draft (c) A special fine may be imposed, in addition to any fine imposed under this By-law, in circumstances where there is an economic advantage or gain from the contravention of this By-law. The maximum amount of the special fine may exceed $100,000. A special fine shall be calculated based on the number and significance of any trees injured, destroyed or removed. (d) If a person is convicted of an offence for contravening this By-law, or an order made under this By-law, the court of competent jurisdiction, may order the person to rehabilitate the land or to plant, or replant, trees in such manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees. 3.3 Fees (a) Tree Removal Application: i. $100 for a permit requiring an inspection by the City’s arborist, or ii. $50 for a permit accompanied by a Certified Arborist report, or iii. $0 for a permit for a dead tree. (b) An appeal fee of $100 is payable at the time of filing an appeal. Part 4 – General 4.1 Repeal By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, is repealed. 4.2 Effective Date By-law passed this XX day of XXXX, 2023. ___________________________________ Draft Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk Draft - 477 - Lake R i d g e R o a d Wh i t e s R o a d Live r p o o l Ro a d Bro c k R o a d Wh i t e s Ro a d Bro c k Ro a d Ce n t r a l S t r e e t King s t o n R o a d Fifth Conce s s i o n R o a d S e v e n t h C o n c e s s i o n R o a d Alto n a R o a d Ale xande r Knox Road Finch Ave n u e Hig hway 7 W h i t e s R o a d Third Conce s s i o n R o a d Ninth Conce s s i o n R o a d B a y l y S tr e e t Bay l y S t r e e t Taunton Road Taunt on R o a d Ninth Conce s s i o n R o a d S c a r b o r o u g h P i c k e r i n g To w n l i n e S a lem Road We s t n e y R o a d PeterMat t h e w s Drive H i g h w a y 407 Hig h w a y 4 0 1 H i g h w a y 407 Hig hway 407 LEGEND ¯ Information Curre nt as of March 2023 © The Corporation of the City of Picke ring Produce d (in part) unde r lice nse from: © Que e ns Printe r, Ontario Ministry of Natural Re source s. All rig hts re se rve d.;© He r Maje sty the Que e n in Rig ht of Canada, De partme nt of Natural Re source s. All rig hts re se rve d.;Contains information lice nse d unde r the Ope n Gove rnme nt Lice nce – Ontario. This is Not a Plan of S urve y. Disclaime r: This map has be e n cre ate d from a varie ty of source s. The City of Picke ring doe s not makeany re pre se ntations conce rning the accuracy, like ly re sults, or re liability of the use of themate rials. The City he re by disclaims all re pre se ntations and warrantie s. Data S ource s Tre e Prote ction Are a 'A' Tre e Prote ction Are a 'B' Frenchman's Bay Lake Ontario Ci t y o f T o r o n t o To w n o f A j a x Town of Ajax To w n o f W h i t b y To w n o f W h i t b y Township of Uxbridge Ci t y o f M a r k h a m To w n o f Wh i t c h u r c h - S t o u f f v i l l e Proposed Tree Protection By-law Screening Areas 1:61,000 Tree Protection Area SCHEDULE "A" TO BY-LAW NUMBER _______ - 478 - Attachment #1 to Report PLN 19-23 Legislative Services Division Clerk’s Office Directive Memorandum March 30, 2023 To: Kyle Bentley Director, City Development & CBO Richard Holborn Director, Engineering Services From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on March 27, 2023 Tree Protection Private Property Council Decision Resolution #144/23, 145/23 A copy of the Notice of Motion is attached for reference. Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer That Item 12.5, Tree Protection Private Property, be referred to Staff to incorporate into the existing work plan. - 479 - Attachment Notice of Motion Tree Protection Private Property Date: March 27, 2023 Moved By: Lisa Robinson Signature: Seconded By: Maurice Brenner Signature: WHEREAS: The August 2020 SGL report “Infill and Replacement Housing In Established Neighbourhoods Study” identified the need for additional tools to manage change related to infill and replacement housing in established neighbbourhoods; And Whereas, The study identified as a major concern, loss of mature trees and landscaped open space; And Whereas, The current tree protection by-law protects and regulates trees only to the extent that it applies to trees within certain identified “environmentally sensitive” areas of the City; And Whereas, A tree by-law on private property would assist in addressing and protecting our tree canopy by implementing regulations to protect trees where possible and require the replacement of trees where appropriate to ensure a healthy and perpetual tree canopy within established neighbourhoods and can be applied to all communities; And Whereas, This updated tool would provide the City with a more effective way to regulate tree removal and tree protection on private property during construction of either infill and replacement housing, additions to existing houses, construction of secondary structures, or new development or plans of subdivisions; And Whereas, An updated tree protection by-law would affect all trees of a certain diameter on all private property; And Whereas, A driveway width by-law would apply to the portion of the driveway on private property; Now therefore be it resolved, that the Council for The Corporation of the City of Pickering directs through the Office of the CAO to: - 480 - 1.Prepare a draft by-law that would regulate tree removal of a defined diameter on private property including infill development, replacement housing, additions to existing houses, construction of secondary structures, and draft plans of subdivision similar to the City of Toronto; 2.Prepare a draft by-law to protect trees from injury on private property during construction; 3.Develop a work plan to consult/engage community stakeholders, and includes the creation of an Urban Forest Master Plan modeled after the City of Brampton; 4.Prepare a draft by-law for the maximum driveway entrance/width and hard surfacing allowable on residential properties similar to the City of North York; and 5.Report back to The Executive Committee of Council with the draft by-law on the work plan no later than the June 2023 Executive Meeting. - 481 - Attachment #2 to Report PLN 19-23 Appendix E OFFICE CONSOLIDATION TREE PROTECTION BY-LAW BY-LAW NUMBER 6108/03 Passed by Council on March 17, 2003 Amendments: By-law 6191/03 October 14, 2003 Section 4(b) - Fees By-law 7007/09 Dec. 21, 2009 Section 1(e) Schedule “A” THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6108/03 Being a by-law to prohibit and regulate the injuring, destruction or removal of trees in defined areas of the City of Pickering. WHEREAS pursuant to Section 135(1) of the Municipal Act, 2001, S.O 2001, c. 25, as amended, a local municipality may prohibit or regulate the destruction or injuring of trees; and WHEREAS the Council of the Corporation of the City of Pickering passed Resolution #125/02 on November 4, 2002 that directs staff to prepare a by-law that would require residents backing onto watercourse ravine areas to obtain a permit for felling healthy trees and that said by-law include a permit fee and fines for violation of the by-law and that the by-law clearly outline very limited circumstances where the felling of healthy trees would be permitted; and - 482 - 2 WHEREAS Schedule III to the City of Pickering Official Plan has identified shoreline and stream corridors, wetlands and environmentally significant areas; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this by-law: a) “City” shall mean the Corporation of the City of Pickering; b) “Clerk” shall mean the Clerk for the Corporation of the City of Pickering or his designate; c) “Council” shall mean the Council of the Corporation of the City of Pickering; d) “dbh” shall mean the diameter of the stem of a tree measured at a point that is 1.5 metres above ground; e) “Tree Protection Area” includes areas designated as Shorelines and Stream Corridors, Wetlands and Environmentally Significant Areas and areas within 30 metres on lands adjacent thereto as set out in Schedule “A” attached hereto. f) “Good Forestry Practice” shall mean the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and which minimize detriments to forest values including significant ecosystems; important fish and wildlife habitat; soil and water quality and quantity; forest productivity and health; and the aesthetics and recreational opportunities of the landscape. Good forestry practice shall also include the cutting and removal of severely damaged, diseased and insect infested trees which must be removed in order to prevent contamination or infestation of other trees, or which no longer contribute to the achievement of forest values; g) “Officer” shall mean a person assigned by the Clerk to enforce the provisions of this by law; h) “Owner” shall mean the registered owner of land, or their agent, or anyone acting under the direction of the owner or their agent; and i) “Site” shall mean the area of land containing any tree(s) proposed to be injured, destroyed or removed. - 483 - 3 EXEMPTIONS 2. The provisions of this by-law do not apply: a) to activities or matters undertaken by the City, the Regional Municipality of Durham, or a local board thereof; b) to lands owned by, regulated by or to activities or matters undertaken by the Toronto and Region Conservation Authority or the Central Lake Ontario Conservation Authority; c) to activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994; d) to the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey; e) to the injuring or destruction of trees imposed as a condition to the approval of a site plan, a plan of subdivision or a consent under Section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; f) to the injuring or destruction of trees imposed as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; g) the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that Section; h) the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; i) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and ii) on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act; j) trees measuring less than 25 millimetres dbh; - 484 - 4 k) in areas that are not defined as a “Tree Protection Area” by this by-law; l) to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001; m) to the removal of dead, dangerous, diseased or severely injured trees or stumps, in accordance with good forestry practice; n) to woodlots that are governed by By-law Number 148-91 of the Regional Municipality of Durham or its successor. PROHIBITIONS 3. a) Unless otherwise exempted by this by-law, no person shall injure or destroy a tree in a Tree Protection Area without a permit issued under this by-law. b) Where a permit has been issued pursuant to this by-law, no person shall injure, destroy or remove a tree except in accordance with the plans, conditions and any other information on the basis of which a permit was issued. REQUIREMENTS FOR AN APPLICATION 4. a) Unless otherwise exempted by this by-law, every person who intends to injure, destroy or remove a tree within an Tree Protection Area by cutting, burning, bulldozing, lacerating, chemical application or any other means, shall apply for and obtain a permit. b) A person applying for a permit to injure, destroy or remove a tree shall submit a completed application form, along with the required plans, information and fee of $100.00 to the Clerk. c) Applications shall be made on a form approved by the Clerk. REQUIREMENTS FOR ISSUANCE OF PERMIT 5. The Clerk shall issue a permit where: a) the applicant has fulfilled all requirements of this by-law; b) the proposed activity is associated with an existing use of the property including ongoing silviculture practices and selective thinning or harvesting of plantations, in accordance with good forestry practice; c) the Clerk is satisfied that the proposed activity: - 485 - 5 (i) will not interfere with natural drainage processes; (ii) will not result in soil erosion, slope instability or siltation in a watercourse; (iii) will not have a significant impact on any healthy vegetation community within, and adjacent to the subject site; (iv) will not have a significant impact on any fish or wildlife habitat within, and adjacent to the subject site; d) the owner, if required, enters into an agreement which may be registered on title in the subject lands containing such conditions as the Clerk considers necessary to ensure that the proposed activity will be undertaken in accordance with the approved plans and information. Such an agreement may contain a provision requiring the applicant to post with the City security in an amount determined by the Clerk to ensure performance of the obligations under the agreement; e) the Clerk may impose conditions to a permit as in the opinion of the Clerk are reasonable, to ensure that the proposed activity is consistent with the provisions of paragraphs 5(a) to 5(d) above; f) where silviculture or harvesting activity is proposed within a woodlot, one permit may be issued to authorize activity for an extended or ongoing period of time, on the basis of an acceptable forestry management plan; g) the Clerk may refer any application, associated plans and information to municipal staff, public agency, advisory body and/or other qualified professional for comment prior to making a decision; and h) A permit issued pursuant to this by-law shall be valid to the expiry date as specified on the permit by the Clerk. APPEALS 6. An applicant for a permit pursuant to this by-law may appeal to the Ontario Municipal Board: a) if the Clerk refuses to issue a permit, within thirty (30) days after the refusal; b) if the Clerk fails to make a decision on an application, within forty-five (45) days after the application and required plans and information are received by the Clerk; or,. (c) if the applicant objects to a condition in the permit, within thirty (30) days after the issuance of the permit. - 486 - 6 ADMINISTRATION 7. a) The administration and enforcement of this by-law shall be performed by the Clerk and by such persons assigned by the Clerk. b) If after inspection, the Clerk or Officer is satisfied that a contravention of this by-law has occurred, the Clerk or Officer may make an order requiring the person to stop the injuring or destruction of trees and the order shall contain particulars of the contravention. c) A person to whom an order has been made pursuant to this by-law may appeal the order to the Council by filing a notice of the appeal to the Clerk within thirty (30) days after the date of the order. d) As soon as practicable after a notice of appeal is filed, the Council shall hear the appeal and may confirm, alter or revoke the order. e) The decision of Council under subsection 7(d) of this by-law is final. ENFORCEMENT 8. a) Any person who contravenes any provision of this by-law or any order issued pursuant to this by-law is guilty of an offence and on conviction is liable: (i) on a first conviction, to a fine of not more than $10,000 or $1,000 per tree, whichever is greater; and (ii) on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per tree, whichever is greater. b) If a person is convicted of an offence for contravening this by-law or an order made under Section 7(b) of this by-law, in addition to any other remedy or any penalty provided by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the person to rehabilitate the land or to plant or replant trees in such manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees. By-law read a first, second and third time and finally passed this 17th day of March, 2003. (signed) Wayne Arthurs Wayne Arthurs, Mayor (signed) Bruce Taylor Bruce Taylor, City Clerk - 487 - - 488 - Attachment #3 to Report PLN 19-23 Tree Protection Survey SURVEY RESPONSE REPORT 03 April 2023 - 30 April 2023 PROJECT NAME: Tree Protection - 489 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 1 SURVEY QUESTIONS - 490 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 2 Q1 Do you live, work, or operate a business in Pickering? (Select all that apply) 300 200 100 Question options Live W ork Operate a business None of the above Mandatory Question (246 response(s)) Question type: Checkbox Question 227 44 12 10 Q2 If you work or operate a business, are you an Arborist, Landscape Specialist, other Tree- related Business or Professional? (Select any one option) 7 (14.9%) 1 (2.1%) 3 (6.4%) 36 (76.6%) Question options Arborist Landscape Specialist Tree-related Business or Professional Other (please provide type of business, organization or profession) Optional question (47 response(s), 199 skipped) Question type: Dropdown Question - 491 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 3 Q3 How familiar are you with the City’s Tree Protection By-law 6108/03, as amended? (Select any one option) 10 (4.1%) 40 (16.3%) 107 (43.5%) 89 (36.2%) Question options W as not aw are of a By-law Somewhat familiar Have general knowledge High level of knowledge Mandatory Question (246 response(s)) Question type: Radio Button Question - 492 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 4 Q4 The City’s Tree Protection By-law 6108/03 defined Screening Areas cover approximately 38% of the total land area of the City. This leaves approximately 62% of the City’s land area outside of the Tree Protection By-law defined Screening Areas that are not protected. The City’s Tree Protection By-law contains a map (Schedule A) identifying the "Environmentally Sensitive Areas" as the current Tree Protection Area. Some of the reasons to expand the Tree Protection Area, in order to protect more of the existing tree canopy within the City, are to help: • Improve air quality; • Remove carbon dioxide from the atmosphere; • Lower temperatures within the City and reduce the urban heat island effect; • Decrease the volume of storm water run-off; and • Contribute to a visually pleasing place. Should the City expand the current Tree Protection Area to include all of the lands within the City? (Select any one option) 44 (17.9%) 202 (82.1%) Question options Yes No - 493 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 5 Q5 The current Tree Protection By-law regulates trees located within "Environmentally Sensitive Areas", measuring 25 millimetres / 1 inch (about the size of a loonie) or greater in DBH (thickness). The decision to regulate these trees is because they are within areas that are either woodlands, valley lands and stream corridors, wetlands or a combination of them; the intent is to protect as many trees as possible within the "Environmentally Sensitive Area". In the City of Pickering, for lands outside of "Environmentally Sensitive Areas" (i.e. tree on private property), what should the minimum size of a protected tree be? (Choose any one option) 21 (8.5%) 59 (24.0%) 46 (18.7%) 16 (6.5%) 61 (24.8%) 43 (17.5%) Question options 10 centimetres / 4 inches (diameter of an orange) 15 centimetres / 6 inches (diameter of a grapefruit) 20 centim etres / 8 inches (diameter of a volleyball) 25 centimetres / 10 inches (diameter of a watermelon) 30 centimetres / 12 inches (diameter of a pumpkin) Other (please specify) - 494 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 6 Q6 If you are seeking tree removal on your property, what would you hope to accomplish? (Select all that apply) 140 130 120 110 100 90 80 70 60 50 40 30 20 10 Question options Improve visual aesthetics (i.e. increase natural light exposure) Addition to existing dwelling/building Add features to my property (i.e. shed, pool, deck) Developing a property (i.e. building a new house or building) General Maintenance (i.e. upkeep of fallen leaves, root control/grass growth issues) Other (please specify) Mandatory Question (246 response(s)) Question type: Checkbox Question 129 88 45 54 71 81 - 495 - Tree Protection Survey : Survey Report for 03 April 2023 to 30 April 2023 7 Q7 How likely is it that you will be removing tree(s) on your property within the next two years? (Select any one option) Mandatory Question (246 response(s)) Question type: Radio Button Question 21 (8.5%) 31 (12.6%) 92 (37.4%) 21 (8.5%) 81 (32.9%) Question options Likely Somewhat likely I don't know Not likely Not at all - 496 - Tree Protection Survey : Survey Report for 03 April 2023 to 30 April 2023 8 Q8 How likely is it that you will be removing tree(s) on your property in more than two years from now? (Select any one option) Mandatory Question (246 response(s)) Question type: Radio Button Question 22 (8.9%) 69 (28.0%) 28 (11.4%) 55 (22.4%) 72 (29.3%) Question options Likely Somewhat likely I don't know Not likely Not at all - 497 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 9 Q9 How did you hear about this Project? (Select all that apply) 100 90 80 70 60 50 40 30 20 10 Question options Let's Talk Pickering Website Postcard Online Advertisem ent Community Paper City of Pickering Social Media (i.e. Facebook, Twitter, Linkedin) Mayor/Council Communications (i.e. social media, newsletter) Curbex Signage Sustainability Event (i.e. Earth Month) Public Information Centre (April 19) W ord of Mouth Other Optional question (242 response(s), 4 skipped) Question type: Checkbox Question 86 62 19 13 14 2 3 1 25 19 43 - 498 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 10 Postal Codes 1% 1% 4% 2% L1V L1W 14% L1X L1Y 53% L1S 25% L4A L1G, L1S, L1Z, L6A, L1G, L1S, M1B, M1C, M4P Q10 For geographic purposes, what is your postal code? - 499 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 11 SURVEY COMMENTS - 500 - Tree Protection Survey: Survey Report for 03 April 2023 to 30 April 2023 12 An overview of the general comments received is provided below: •Trees on private properties are the responsibility of the property owner and does not require government intervention, especially if planted by the property owner; •Great to see tree protection taken more seriously in the City and fully supportive of expanding tree protection, planting greater diversity of trees (with proper planting and maintenance practices) to encourage vibrant colors and pollination; •Cost of tree removal is expensive, acting as a deterrent for those looking to remove without necessity; •Removal should be allowed if the tree poses a risk to a property and/or human health; •Beyond expanding the tree protection by-law, awareness, education and information are important in terms of creating awareness about tree species, and protection and providing circumference and height measurements would be helpful rather than just regulating diameter sizes; •More trees should be planted on public lands and large open fields (i.e. power line towers) to help tree canopy rather enforcing regulation and its associated costs onto private property for tree removal; •W ork towards net-zero with an aggressive tree planting program, understand the intrinsic and calculated value of trees and urban natural areas, maintain green patches with forested trees, and create more parks- trees are essential to climate change, mental health, the natural environment and community property values; •Has any research been conducted towards increasing tree protection and removing air pollution; •There are safety issues generally overlooked in the tree protection by-laws; •The cost to administer a tree protection by-law will be expensive to the City and property owners; •Trees that have significant impact on indigenous people’s historical/cultural/spiritual values and practices, are in a “tree dessert”. During bird nesting season, trees provide protection to wildlife (place a condition to protect native species and increase biodiversity), trees are mature “mother trees” that promote ecological integrity, maintain neighbourhood character, provides significant shade, and locally rare or endangered species should not be removed; •The Tree Protection By-law should be modelled after other municipalities, such as the City of Toronto, and examples looked to beyond local area (i.e. British Columbia, Quebec); •Tree removals should not be permitted on vacant lots unless a building permit has been permitted; •Trees should not have been removed from the waterfront; •More attention needs to be paid to infill custom home builders through the permit process to take inventories of trees on a lot before permits are issued; •Replace tree with similar size tree and within proximity to where the initial tree was; •There needs to be more by-law enforcement, and before a removal request have City staff review the site in-person and ensure not more than 50% of the tree canopy on a property is removed; •Minimum trimming standards are to be provided for trees sharing a property line since uninformed trimming can result in the tree dying over time; •Saving trees when subdivisions are created is very difficult. This is especially true as density increases and lots get smaller. Subdivisions are required to incorporate plans to control surface water in development plans. Trenches are required on individual lots to properly direct surface water runoff. Also flood plains are included in subdivision plans where required. •Overgrown trees can present a path for vermin and pests to reach the homes with misplaced trees affecting the marketability of homes. In time, trees become overgrown and often die over a long period of time, during which they present a falling hazard during storms. •Even the most ardent environmental alarmist would have difficulty making the case that a shortage of trees in urban Pickering has a material effect on the climate. •Existing forests and selected trees within subdivisions can be protected by the current subdivision approval process. Changes to construction plans should be considered to protect trees rather trees being removed in favor of urban sprawl; and •The value of a tree and its role in climate change is greater than $100,000; the fines need to be increased significantly, with both the property owner and tree removing specialist severely charged and respective companies being levied. - 501 - Report to Executive Comittee Report Number: PLN 21-23 Date: June 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Proposed Memorandum of Understanding to govern the delivery of municipally requested programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act -File: L-1100-018 Recommendation: 1.That Council endorse in principle the draft Memorandum of Understanding between the City of Pickering and the Toronto and Region Conservation Authority, as set out in Appendix I to Report PLN 21-23, to secure the continuation of municipally requested programs and services TRCA offers to the City of Pickering in compliance with the Conservation Authorities Act; 2.That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding, between the City of Pickering and the Toronto and Region Conservation Authority, as set out in Appendix I to this report, subject to any minor revisions as may be required by the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and/or the Director, City Development & CBO; and 3.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: As a result of recent legislative changes, Conservation Authorities (CAs) are now required to classify their services and programs into three categories: 1.Mandatory programs and services as prescribed by regulation (such as those related to natural hazards); 2.Non-mandatory municipally requested programs and services (such as tree planting); and 3.Other programs and services the CA’s determine to be advisable to further the purpose of the CA Act. The legislation indicates that Category 2 programs and services may be offered under a memorandum of understanding (MOU), or such other agreement as may be entered into with the municipality, in respect of the programs and services. The purpose of the MOU is to identify the principles, terms and conditions that shall govern the delivery of those municipally requested programs and services. As in previous years, and this year, the City has used the Toronto and Region Conservation Authority (TRCA) to assist with projects that would fit into Category 2 programs and services, such as tree planting, and stream bank stabilization. In order to continue obtaining TRCA’s services for similar activities in future years, the City needs to enter into the required MOU. This - 502 - PLN 21-23 June 5, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 2 of authorized programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act MOU does not oblige the municipality to request delivery of non-mandatory programs and services by TRCA, nor does it limit addition of future new service requests. It is recommended that the draft partnership MOU with the TRCA, as set out in Appendix I to this report, be endorsed, and that the Mayor and City Clerk be authorized to execute the MOU, subject to any minor changes required by the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and/or the Director, City Development & CBO. Financial Implications: There are no financial implications to the City associated with the recommendations of this report. For this year, funding for projects where the City will engage TRCA to deliver the program or service has been identified in the approved 2023 Current Budget. Similarly, for next year, funding for projects where the City plans to engage TRCA to deliver a program or service will be identified though the 2024 Budget preparation process. City and TRCA staff are already in discussions regarding projects for 2024 for consideration through the 2024 Budget preparation process. Discussion: 1. Background The Conservation Authorities Act (CA Act) has been amended several times since 2017 to provide further clarity and transparency surrounding the programs and services that CAs provide, agreements for the provision of municipally-requested services, and the governance of CAs. The regulations that followed the legislative changes to the CA Act, more specifically Ontario Regulation 687/21, requires CAs to develop a transition plan to ensure compliance with Section 21.1.2 of the Act, including a process to enter into MOUs with municipalities within their respective jurisdictions, prior to January 1, 2024, to ensure the important work that has been requested by municipalities can continue. 2. TRCA’s Inventory of Programs and Services In order to differentiate the programs and services CAs would continue to offer under each of the categories, including mandatory and any non-mandatory programs and services, the TRCA prepared a draft Inventory of Programs and Services. The draft Inventory outlined the following categories of programs and services offered by TRCA, as established under the CA Act: • Category 1 – Mandatory programs and services prescribed by regulation, including those related to managing the risk of natural hazards, the conservation and management of lands owned/controlled by the CA, the CA’s duties and functions as a source protection authority under the Clean Water Act, 2006, and the implementation of the provincial groundwater monitoring and stream monitoring programs. - 503 - PLN 21-23 June 5, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 3 of authorized programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act •Category 2 – Non-mandatory municipal programs and services CAs agree to provide at the request of and on behalf of a municipality. Examples include: municipal initiatives such as delivery of Environmental Assessments, shoreline studies, tree planting and stream bank stabilization. •Category 3 – Programs and services a CA determines advisable to further the purposes of the CA Act. TRCA indicated that it will keep the City apprised of the Inventory of Programs and Services that will be submitted to the Province in compliance with the CA Act. Although the final Inventory of Programs and Services was not available at the time of writing this report, the Inventory has no implications in terms the execution of the proposed MOU between the TRCA and the City, which is the key focus of this report. 3.Non-Mandatory Municipal Programs and Services offered by TRCA The City currently retains TRCA to provide a number of municipally requested services, such as: mapping for planting programs; tree plantings; and environmental field work associated with City-initiated studies. TRCA’s services are procured in accordance with the City’s Purchasing Policy. The Environmental Stewardship Pickering (ESP) program is another example of an environmental City initiative delivered using TRCA services. Funding for such programs will continue to be secured through the annual budget process, as will funding for the other municipally requested services the City may wish to have TRCA provide in the future. 4.The proposed Memorandum of Understanding (MOU) To fulfill the requirements of Ontario Regulation 687/21, TRCA has prepared a proposed MOU (see Appendix I to this report), to be entered into with the City of Pickering, prior to January 1, 2024. Sections 1 to 7 of the MOU identify the proposed principles, terms, and conditions that would govern TRCA’s delivery of municipally requested programs and services. The proposed MOU is non-binding. It is not a contract between the City and TRCA, and there is no cost to the City as a result of this enabling MOU. The costs to the City for a service or program to be obtained from the TRCA will be identified, and considered, as part of the 2024 (and future) Budget processes. To obtain the services of TRCA, procurement will be in accordance with the City’s Purchasing Policy. The proposed MOU has been reviewed from a legal perspective and no concerns were identified. - 504 - PLN 21-23 June 5, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 4 of authorized programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act 5.Conclusion The City uses the expert services of the TRCA to deliver certain services and programs for the municipality. Based on recent legislative changes, a MOU is required to executed between TRCA and the City for the continued delivery of municipally requested programs and services after January 1, 2024. Staff requests that the draft MOU, contained in Appendix I to Report PLN 21-23, be endorsed in principle, and that the Mayor and City Clerk be authorized to execute the MOU, subject to any minor changes required by the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and/or the Director, City Development & CBO, and that it be forwarded to TRCA for execution. Appendix: Appendix I Memorandum of Understanding between the City of Pickering and the Toronto and Region Conservation Authority - 505 - PLN 21-23 June 5, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 5 of authorized programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act Prepared By: Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO DJ:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By - 506 - Appendix I to Report PLN 21-23 Memorandum of Understanding - 507 - 1 THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made as of the __ day of _______, 2022 (the “Effective Date”). BETWEEN: THE CORPORATION OF THE TOWNSHIP/TOWN/CITY OF _______ (hereinafter, “Township/Town/City”) AND: TORONTO AND REGION CONSERVATION AUTHORITY (hereinafter, “TRCA”) WHEREAS TRCA is a conservation authority established under the Conservation Authorities Act (“Act”) providing programs and services that further the conservation, restoration, development and management of natural resources in its watersheds; AND WHEREAS the Town is a lower-tier municipality in the Reginal Municipality of ___, located wholly or partly within the area under the jurisdiction of TRCA; AND WHEREAS in carrying out its mandate under the Act, TRCA provides programs and services to municipal partners within its jurisdiction including but not limited to erosion control and restoration planning and works, trail planning, design, construction and maintenance of infrastructure, forest management, project management, invasive species and wildlife management, in-water and near-water construction, watershed and subwatershed planning, biodiversity and ecosystem monitoring, Sustainable Neighbourhood Action Plan development and implementation, where applicable, climate science, environmental audits, impact studies, environmental assessments, community education and outreach, archaeological studies, research and interpretation, events and nature-based programs; AND WHEREAS under the Act programs and services provided by conservation authorities at the request of a municipality are to be provided under a memorandum of understanding (“MOU”) or such other agreements as may be entered into with the municipality in respect of the programs and services, and such MOUs or other agreements are intended to be higher level parent agreements that govern the delivery of the programs and services; AND WHEREAS the Act requires such MOU or other agreements to be reviewed at regular intervals and to be made available to the public; AND WHEREAS this MOU sets out the principles, terms and conditions governing the delivery of programs and services by TRCA requested by the Township/Town/City; - 508 - 2 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration the sufficiency of which is hereby acknowledged by the parties, the parties hereto agree as follows: 1.This MOU shall commence on the Effective Date and shall continue for four years (the “Initial Term”). Thereafter this MOU shall continue for one (1) additional four (4) year period (“Renewal Term”) unless either party provides written notice of termination to the other party at least thirty (30) days prior to the expiry of the Initial Term. 2.The following principles, terms and conditions shall govern the delivery of programs services requested by the Town: a.Subject to complying with procurement and purchasing policies, the Township/Town/City will give due consideration to TRCA when procuring services related to TRCA’s mandate and areas of expertise b.TRCA’s or the Town’s standard form of purchase order and procurement agreements will be used for the delivery of municipally requested programs and services. c.TRCA will maintain such insurance policies as required by the Township/Town/City in respect of the delivery of programs and services provided pursuant to this MOU. d.TRCA will retain all financial and project records in connection with the programs and services for audit purposes by the Town for no less than seven years. e.Programs and services provided pursuant to this MOU shall be in accordance with any standards and requirements that may be prescribed under subsection 21.1.1(4) of the Act. f.Where programs and services delivered by TRCA pursuant to this MOU involve user fees, such user fees shall only be imposed in accordance with TRCA’s fee policy and fee schedules adopted in accordance with the provisions of the Act or in accordance with provisions set out in an agreement between TRCA and the Township/Town/City. 3.Nothing in this MOU obliges the Township/Town/City to request the delivery of programs and services by TRCA. 4.The Township/Town/City and TRCA will continue to work together to identify opportunities for further collaboration to the benefit of both parties and ensure efficiency, transparency and accountability in the use of public sector resources. - 509 - 3 5.This MOU shall be reviewed by the Parties prior to the expiry of the Initial Term or Renewal Term. It is TRCA’s responsibility to initiate the review with the Township/Town/City at least ninety (90) days prior to the expiry of the Initial Term or Renewal Term, as the case may be. 6.This MOU shall be made available to the public in accordance with the Act and any applicable regulations. 7.This MOU may be executed in counterparts and when each party has executed a counterpart, each of such counterparts shall be deemed to be an original and all of such counterparts, when taken together, shall constitute one and the same agreement. The parties may sign this MOU by means of electronic signature and deliver this MOU by electronic transmission. IN WITNESS WHEREOF, the parties have entered into this MOU as of the Effective Date. TORONTO AND REGION CONSERVATION AUTHORITY Per: ________________________ Name: John MacKenzie Title: Chief Executive Officer Per: ________________________ Name: Jennifer Innis Title: Chair THE CORPORATION OF THE TOWNSHIP/TOWN/CITY OF __________ Per:________________________ Name: Title: Per:________________________ Name: Title: - 510 - Report to Executive Committee Report Number: PLN 22-23 Date: June 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Esri Enterprise Agreement for the Supply of ArcGIS Software and Services File: L-4100-001 Recommendation: 1.That Council supports the new Enterprise Agreement (EA) with Esri Canada for the supply of ArcGIS software and services, and the City’s participation in the EA for a three year period, at a total cost of $221,490.00 (plus applicable taxes) with annual payments of $71,660.00 for year one (July 15, 2023 to July 14, 2024), $73,810.00 for year two (July 15, 2024 to July 14, 2025), and $76,020.00 for year three (July 15, 2025 to July14, 2026), to be funded from the Current Budget Account 502700.10100.0000 of the City Development Department; 2.That the Director, City Development & CBO be authorized to sign the Esri Proposal to participate in, and commit to, the terms and payment, as set out in Appendix I; 3.That the Mayor and City Clerk be authorized to execute the License Agreement between the City of Pickering and Esri Canada, generally in the form provided as Appendix II to this report, subject to revisions as may be acceptable to the Chief Administrative Officer, the City Solicitor, and the Director, City Development & CBO; and 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering has been participating in the Region of Durham’s Enterprise Agreement (EA) with Esri Canada, for the supply of ArcGIS software and services, for the past six years. The Region’s EA with Esri Canada expires on July 14, 2023. In order to secure the continued use of Esri’s ArcGIS software and services by the City for the next three years, staff recommend that the software and services be obtained directly from Esri by means of a “Small Local Government Enterprise” Level 3 agreement (offered to municipalities with a population between 50,000 and 100,000). The ArcGIS software and services provided by Esri Canada are essential elements of the City’s Geographic Information System operations and services. The Small Local Government EA offers more benefits than a sub-licensing agreement through the Region of Durham’s EA with Esri, as discussed in the report. It is recommended that the City enter into the Small Local Government EA with Esri Canada for a three year period starting July 15, 2023. - 511 - PLN 22-23 June 5, 2023 Subject: Esri Enterprise Agreement for the Supply of Page 2 ArcGIS Software and Services Financial Implications: 1.Total Project Cost for Pickering’s 3-Year License Agreement 3 Year License Extension HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs $221,490.00 28,793.70 $250,283.70 (24,895.47) $225,388.33 Annual Costs Year 1 Year 2 Year 3 Pickering Costs (excl. taxes) HST (13%) Gross Project Costs HST Rebate (11.24%) Net Project Cost to City (incl. 1.76%) $71,660.00 9,315.80 $80,975.80 (8,054.58) $72,921.32 $73,810.00 9,595.30 $83,405.30 (8,296.24) $75,109.06 $76,020.00 9,882.60 $85,902.60 (8,544.65) $77,357.95 2.Approved Source of Funds – Phase 1 (2023 Current Budget) Account Code Source of Funds Budget Required 10100.502700.0000 Property Taxes $73,000.00 $72,921.32 3.Funds Required For Years 2 and 3 $152,467.01 Discussion: The ArcGIS software and services, provided by Esri Canada, has been used by the City for over 20 years, and it forms the backbone of the City’s Geographic Information System (GIS). The City of Pickering has been a participant in the Region of Durham’s Enterprise Agreement (EA) with Esri Canada, for the supply of ArcGIS software and services, for the past six years. The Region has been the customer, while the City of Pickering and a number of other local municipalities in Durham (e.g., Brock, Scugog and Uxbridge) as well as the Durham Regional Police Service, have been affiliates to the agreement. The Region has recently approached the affiliates, indicating that the Region’s EA with Esri is expiring on July 14, 2023. At the time of writing this report, the Region has not informed the City of the proposed costs, and associated terms, to renew the contract for the next three years with them. However, it is expected that the costs may be similar to what is being offered by Esri through their Small Local Government EA. - 512 - PLN 22-23 June 5, 2023 Subject: Esri Enterprise Agreement for the Supply of Page 3 ArcGIS Software and Services Past Esri software and service agreements through the Region have used a cost formula based on deployed software (maintenance cost only) at 60 percent, and population at 40 percent. A 2.6 percent uplift has been applied across all municipalities from year one to year two to help plan changing budgets. While the Region offered uncapped products in the previous agreements, the City was always required to request a specific number of licenses within each agreement, and the agreement limited our access to training packages, User Conference attendance, and user support from Esri. Esri has also been offering Small Local Government EA’s directly to municipalities, based on Statistics Canada population data. The City was considered a Small Local Government EA back in April 2020, when we last signed an agreement with the Region. However, the costs of such agreement would have increased substantially once the City’s population reached 100,000, so procurement proceeded though the Region’s three-year EA instead, principally to keep the costs stable while Pickering grows. In accordance with Esri’s current offer, included in Appendix I to this report, the City is now being offered a Small Local Government EA for the next three years, based on a population count locked in at below 100,000. Further, the products and benefits associated with this offer appear to be much greater and more beneficial to the City, than what would be available through a renewed EA with the Region. This is explained in more detail below. In accordance with the permissions available through the current Esri EA with the Region, the City is using a combination of license types within four products: 30 online licenses: 14 portal licenses; 10 desktop licenses; and one City Engine license. Although the City was seeking to increase these numbers to 50 online licenses, 20 portal licenses and 15 desktop licenses, the new Small Local Government EA directly from Esri, will provide the City with 500 online licenses and 250 portal licenses. These licenses will permit changes to the database, unlimited licenses for viewing only, as well as uncapped desktop licenses, and two City Engine licenses (3-D mapping tools). Additional benefits and products offered through this new EA include: eight additional analysis tools; three development tools; seven add-on modules; professional services hours; permission to four users to attend the annual Esri User Conference; and authorization to four individuals to contact Esri for user support. The ability to reach out directly to Esri Canada for troubleshooting, instead of working through the Region, will save time from an operational and maintenance perspective. The ArcGIS software and services provided by Esri Canada are an essential element of the City’s Geographic Information System operations and services. Entering into a new Enterprise Agreement with Esri Canada is not only crucial to maintaining our GIS operations and service delivery to the public and external agencies, but will also provide the City with added benefits and operational efficiencies at a lower cost. Accordingly, staff recommend that Council support the new Small Local Government EA with Esri Canada for the supply of ArcGIS software and services, and the City’s participation in this new EA for the next three years, starting July 15, 2023, in accordance with the Sales Proposal and the terms and conditions of the Small Local Government EA set out in Appendix I to this report, and that the agreement be executed. - 513 - PLN 22-23 June 5, 2023 Subject: Esri Enterprise Agreement for the Supply of Page 4 ArcGIS Software and Services Further, it is recommended that the Mayor and City Clerk be authorized to execute the License Agreement between the City of Pickering and Esri Canada, generally in the form provided as Appendix II to this report, subject to revisions as may be acceptable to the Chief Administrative Officer, the City Solicitor, and the Director, City Development & CBO. This report has been reviewed by the Director, Finance & Treasurer, the Director, Engineering Services, and the Division Head, Information Technology. They concur with the contents of the report and its recommendations. Appendices: Appendix I Esri Letter & Cost Proposal Appendix II Draft Esri Small Government Enterprise Agreement Prepared By: Original Signed By Jill McMullen Supervisor, Geomatics Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics JM:ld Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 514 - Appendix I to Report PLN 22-23 Esri Letter & Cost Proposal - 515 - - 516 - - 517 - - 518 - - 519 - Appendix II to Report PLN 22-23 Draft Esri Small Government Enterprise Agreement - 520 - - 521 - - 522 - - 523 - - 524 - - 525 - Report to Executive Committee Report Number: SUS 05-23 Date: June 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Urban Farming -Council Resolution #100/23 -File: D-7001-026 Recommendation: 1.That Report SUS 05-23 regarding Urban Farming be received; 2.That staff be directed to report back to Council with an update on urban farming actions as outlined in this report in the first quarter of 2024; and 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: On February 27, 2023, Council directed staff to “consult with stakeholders regarding the implementation of an Urban Farming pilot project for the enjoyment of urban backyard egg production only and Urban Farming to include vertical farming” (see Attachment #1, Council Resolution #100/23). The keeping of backyard chickens and the growing of food vertically are activities of urban farming practices. Following the motion, staff sought permission to separate the resolution into two reports: one specific to backyard egg production; and the second about other facets of urban farming, which is the focus of this report. Corporate Services Department (Animal Services section) staff prepared Report AS 01-23, regarding the request to investigate the introduction of an urban farming pilot project, including backyard chickens program, for Council’s consideration at the June 5th Executive Committee meeting. The purpose of this report is to provide a general overview of urban farming, including vertical farming, and how the City of Pickering currently supports urban farming activities. The report also includes a summary of municipal best practices to support urban farming, and identifies and recommends short- and long-term actionable items that can be explored to further support urban farming initiatives in the City. Urban farming, which is commonly referred to as ‘urban agriculture’, is the activity of growing food in a city environment, and traditionally includes community and backyard vegetable gardens, roof and balcony gardening spaces, growing of fruit trees and shrubs, edible landscaping plants, and the raising of animals within a city (Adapted from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Urban Agriculture Business Information, 2023). - 526 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 2 While urban agriculture defines where food is grown, vertical farming reflects a specific method of how food is grown for personal and commercial use. The primary purpose of this method is to produce the maximum amount of crops in the smallest amount of space. Typical agriculture technologies that are used in vertical farming include hydroponic (water-based), aeroponic (mist-based), and geoponic (soil-based) systems, where hydroponic systems make up most of the market share (Brock University – Niagara Agriculture Municipal Learning Network, 2022). In Ontario, vertical farms often produce leafy greens like lettuce, arugula, microgreens, spinach and kale, and herbs such as oregano, mint, basil, cilantro, and parsley. The Region of Durham (Invest Durham) leads activities to support the commercial vertical farming business sector. The City has long recognized the importance of urban agriculture in addressing food supply, food security, and sustainable urban development, which reduces carbon emissions and provides opportunities for social interaction and community cohesion. The City has implemented initiatives tailored to support urban agriculture, including: • Supporting Official Plan policies and zoning provisions that encourage community gardens in all land use categories and zones. • Approving a Community Garden Policy (ADM 240) to provide a framework for the City to work with Community Groups on future community garden sites on municipally owned, leased/licensed land. • Coordinating annual in-person and virtual educational workshops and webinars. These sessions increase awareness about the benefits of growing food, and teach residents how to grow food regardless of the size of their space, e.g., plot gardens, container and balcony gardening. • Hosting an award-winning City Centre Farmers’ Market, through which the City provides access to locally grown fresh produce, as well as supports local small businesses. • Providing funds through the City’s Environmental School Grant and Community Grant. These grants provide funds that have helped schools, Valley Plentiful Community Garden (VPCG) and not-for-profit groups implement urban agriculture initiatives. • Working with the VPCG committee to facilitate the operation of a large scale community garden (over 100 plots). • Working with builders for new development in the City to encourage community gardens on private lands. • Amending the community garden section of the Recreation & Parks Master Plan, adding a definition and zoning provisions for community gardens in the new draft Comprehensive Zoning By-law, and providing comments in support of a community garden in the Region of Durham Meadoway Study. To investigate other opportunities to support urban farming, staff undertook a municipal scan with surrounding municipalities to review best practices for encouraging and promoting urban agriculture. A common element across Ontario is establishing an urban agriculture strategy, Official Plan policies, as well as zoning provisions, to reduce regulatory barriers to urban agriculture. In some cases, municipalities included voluntary actions in their green standards to support urban agriculture for new development. - 527 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 3 In consultation with other City Departments, staff have identified short- and long-term actions to enhance support for the many facets integrated into urban agriculture to increase residents' awareness, access, and uptake within the City. Financial Implications: Not applicable to this report. Discussion: 1. Overview of Urban Farming (Urban Agriculture) Urban farming, urban agriculture, or urban gardening generally refers to food production, processing, and distribution in urban areas, typically in smaller spaces and different scales than traditional agriculture. Since 2003, there has been an emergence of urban agriculture in Durham. In 2019, the Province, and the Region of Durham recognized urban agriculture as part of the Region’s Agricultural System with policy support and a clear definition in the new Regional Official Plan. According to the draft Durham Region Official Plan (Envision Durham Agriculture and Rural System Discussion Paper (2019)), urban agriculture generally refers to the production, processing, and distribution of food in urban areas, typically in smaller spaces and different scales than traditional agriculture. Urban agriculture can take place within many contexts, including urban and rural settlement areas. Common characteristics of urban agriculture include: community gardens; urban farms; rooftop gardens; greenhouses or vertical farming; aquaponics; beekeeping; and the keeping of backyard chickens. Note that the Final draft Durham Region Official Plan was approved by Regional Council at a Special Council meeting held on May 17, 2023. The new Region of Durham Official Plan (Envision Durham) also includes permissions for the establishment of urban agriculture uses within appropriate land use designations, and further encourages municipalities to support urban agriculture through policies and mapping, as suggested by the Province’s guidance documentation on urban agriculture (OMAFRA Urban Agriculture Business Information). Defined slightly different by various municipalities and regions to reflect the activities that have evolved in those areas, urban agriculture also includes farmers’ market, corporate commitment to local food procurement, urban pollinators programs, community gardening education, and support for other efforts to grow food on privately owned lands. Urban agriculture promotes social equity, and food security, in communities by providing opportunities for increased access to fresh, healthy and local food, recreational and culturally enriching activities, increased environmental stewardship, and knowledge of local food systems. Benefits of urban agriculture include, but are not limited: • improving access to fresh local produce; • helping to address food security issues; - 528 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 4 •creating a resilient local food system; •reducing urban heat island effect and greenhouse gases; •preserving and encouraging biodiversity; •adding aesthetics and potentially financial value to properties; and •increasing wellness, social connections, and awareness of healthy eating habits. An emerging trend in urban agriculture is edible landscaping, the practice of incorporating food-producing plants in the landscape, such as fruit and nut trees, vegetables, herbs, edible flowers and shrubs with berries that can be combined to create an attractive yet functional design. As indicated, there are many activities that can be considered urban agriculture. The next section of this report will focus on raising of animals and beekeeping, community gardens, and vertical gardens. 1.1. Raising of Animals and Beekeeping As noted above, the Ontario Ministry of Agriculture, Farms, and Rural Affairs (OMAFRA) defines urban agriculture to include animal husbandry, such as urban hens and beekeeping. Urban agriculture activities on private property can go beyond growing produce, and include the raising of hens for egg production, or beekeeping to make honey. The raising of livestock such as hens and bees, are regulated by various federal and provincial legislations. In Ontario, beekeeping is regulated by OMAFRA and the Ontario Bees Act (1990). It is subject to regulations which specify setback distances from residential, parkland or other public spaces when locating hives. Currently, the City defers to the provincial legislation to address beekeeping in the urban area. From an ecological perspective, the City has several programs to support pollinators in general, including pollinator gardens, plantings, and outreach. 1.2. Locations for Growing Food: Community Gardens There are many potential locations for growing food in the urban area. Urban farming locations such as ground level community gardens, rooftop community gardens, backyards, balconies, city parks, school yards, and hydro right of ways, all offer opportunities to grow food. As defined in the Draft City of Pickering Comprehensive Zoning By-law (2022) that is currently on the City’s website for public consultation/review, community gardens can be established on private land, or municipally-owned public land, and is a communal space provided for the sole use of the public to grow flowers, herbs, fruits or vegetables and other social activities associated with gardening, but does not include any processing or packaging, commercial sales, or the raising of livestock or animals including poultry. The City of Pickering’s Official Plan references community gardening in several chapters, demonstrating urban agriculture's alignment with the plan's objectives. In particular, a community garden is permitted in all land use designations except Key Natural Heritage and Hydrologic Features. - 529 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 5 In 2022, Council adopted a Community Gardens Policy (ADM 240) to support opportunities for volunteer organizations to engage in urban agriculture on City owned/leased/licensed lands. Community garden projects provide the opportunity for numerous community and individual benefits, including but not limited to: • allows residents to grow fresh, healthy produce; • reduces family grocery bills; • creates pride and knowledge of where the organic produce came from; • increases local food security; • grows food for the local food bank; • promotes positive mental and physical health; • provides social engagement with family, friends, neighbours and fellow gardeners; • contributes to civic enrichment and beautification; and • provides a location where residents of all ages and cultures can come together to enhance a space in their community. As part of the development of Pickering’s Community Garden Policy, staff detailed the criteria that should be considered when siting community gardens: • current use and future plans for the space; • neighbourhood impact; • accessibility; • safety; • soil test results; • maximum number of garden plots; • access to water; • accessible parking; and • consultation with residents whose homes surround the site (if applicable). Other considerations includes sunlight exposure, signage and security to reduce theft, storage area or shed, and type of plots (raised, in-ground). 1.2.1 Community Gardens on Private Property A community garden is permitted in all land use zones, except Key Natural Heritage features, and does not require planning approval. Buildings and structures to support growing vegetables and fruits are permitted in the rear yard. They are required to be appropriately setback from the property lot line to minimize the grading and drainage concerns. A building permit is not required for garden-raised beds/boxes, and buildings less than 10 square metres in area. Rooftop community gardens are another form of urban agriculture whereby a building uses its rooftop space to grow crops. Rooftop community gardens are often used as amenity spaces for recreational use on top of tall residential buildings. For example, in the City Centre Area, a rooftop community vegetable garden is proposed on top of the building podium of the Universal City Development Phases 4 and 5, (locate north of Celebration Drive, between Pine Creek and Sandy Beach Road). - 530 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 6 For multi residential development, where space is limited, builders may incorporate community gardens into their residential landscape plan and green roof plan. For example, in the Daniels Corporation development along Kingston Road, east of Valley Farm Road, they continued their strong commitment to urban agriculture in real estate development and constructed a greenhouse building, allotment gardens, edible gardens, and balcony planter boxes for residents. In recent years, City staff also learned about other examples of community garden projects on private property including: a place of worship that installed raised beds to support their members and the local food bank, a high school with raised beds that are maintained by the students, and a condo corporation that started a small community garden on their property land to support the needs of their residents. Recently, through the City’s Community Grant program, the well-established not-for-profit group called ‘We Grow Food’ was awarded $3,000.00 to work with a neighbourhood to develop a community garden. We Grow Food focuses their efforts on various areas such as not-for-profit housing, and integrating neighbourhood building and outreach into their program delivery. Their economic, operational, and logistical support for gardening opportunities on private land is beneficial to these communities. 1.3. Community Gardens on City Managed Lands The City recognizes community gardening as a means of providing active and social opportunities to enhance health and well-being, and reduce food insecurity. In December 2022, City Council adopted a Community Garden Policy (ADM 240) to establish guidelines for the development and operation of community gardens on municipally owned lands. This policy articulates the role of the City and that of the community garden group, and provides a program framework to promote equal access and transparency. The policy also outlines criteria to choose suitable sites (as listed in Section 1.2). Due to the many requirements of community gardens, effective implementation benefits from advanced planning. With the update to the 2017 Recreation & Parks Master Plan, the City will be able to proactively consider these installation requirements when planning future parks and program space. There are currently two municipally operated community gardens. Valley Plentiful Community Garden (VPCG) that is located at the north end of Diana Princess of Wales Park. The site is coordinated by the Valley Plentiful Community Garden Committee. Plots are rented to Pickering resident applicants on a yearly basis for the purpose of growing produce for personal use. A number of plots have also been dedicated to serve the needs of the local food bank and are maintained by volunteers. In 2022, 747 kg (1,647 lbs.) of fresh produce was donated to the food bank. Staff are currently exploring opportunities to increase the number of raised garden plots, and creating an accessible parking lot along Kingston Road, with Hydro One and Regional Planning staff, to serve the needs of VPCG. In addition, staff are reviewing opportunities to create a community garden within the future development of the hydro lands between Kingston Road and Finch Avenue (directly north of VPCG). - 531 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 7 Another garden site is located at the George Ashe Library & Community Centre. The four raised beds (twelve plots) are operated as part of Community Services Department ‘55+ Plot to Plate’ community garden program that residents can apply for annually to participate. Two additional ground plots are maintained by volunteers with a portion of the harvested produce being donated to the local food bank. In discussion about this report, staff were asked to re-examine the municipal parks to determine the feasibility of installing a small community garden. Currently, existing parks do not possess various characteristics needed to successfully support a community garden; and funds were not allocated in the 2023 Budget to develop a community garden. To further this request, staff propose: • to investigate and review costs e.g., water servicing, fencing, raised beds, shed, etc., to develop a community garden(s); • reassess park sites; and • garner interest from community groups. Based on this information, staff will be able to make a recommendation that can be brought forward to Council for consideration through the urban farming status update report in Q1 2024, and as part of the 2024 Budget review process. 1.4. Vertical Farming Method According to OMAFRA, vertical farming is another method of growing produce in the City, as it is very spatially efficient, uses either hydroponic, aeroponic, or geoponic techniques to grow crops, using vertical height and/or stacked layers. Several vertical agriculture models are available, from patio gardens, warehouses with stacked trays, and greenhouses that produce food. Indoor vertical farming is often a more commercial form of urban agriculture, uses less water and space, and increases productivity through the year, rather than being tied to a specific season. Vertical farming is permitted on private property, and includes the growing of food on balconies, porches, and in the front and backyard. Similar to community gardens, buildings and structures to support the growing of vegetables and fruits vertically are subject to accessory building structures zoning requirements (located in the rear and typically a metre from property lines to allow for natural drainage and to minimize visual impact to the adjacent property). A building permit is not required for vertical garden buildings and structures less than 10 square metres in area. 2. Examples of City of Pickering Support for Urban Agriculture Activities Urban agriculture activity in Pickering has been growing steadily. The City enables this by including supportive planning policies and zoning provisions that encourage urban agriculture, such as edible landscaping and community gardens in all land use categories and zones. - 532 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 8 2.1. Planning and Zoning The City's Official Plan references community gardening in several chapters, demonstrating urban agriculture's alignment with the plan's objectives. In particular, farmers’ markets and community gardens are permitted in all land use designations except Key Natural Heritage and Hydrologic Features. From a Municipal Zoning By-law perspective, growing plants, shrubs and vines are considered landscaping, and are permitted in all zones. Buildings and structures to support food growing, such as raised garden beds, must adhere to applicable setback requirements to minimize adverse impacts, such as grading and drainage to the adjacent property. To add more clarity, staff have added a definition and zoning provisions for community gardens in the new draft Comprehensive Zoning By-law. 2.2. Corporate Grants The City’s Community Grant Policy and Program supports a variety of positive community initiatives. The City has provided grants to groups such as Valley Plentiful Community Garden, and We Grow Food, to implement urban agriculture initiatives. The City’s Environmental School Grant offers financial support to school boards to help enable schools in Pickering to implement activities that contribute to a healthy environment. The grant has funded raised vegetable garden beds, made of recycled materials, in order to educate students and the wider community on the planting process and the importance of growing local food, as well as indoor aeroponic growing towers for students to grow herbs, vegetables, and plants in the school. 2.3. Providing access to fresh, locally grown food Since 2016, the City has been hosting the award-winning City Centre Farmers’ Market through which the City provides access to locally grown fresh produce as well as supports local small businesses. In 2020, due to COVID-19, a virtual Farmers’ Market component was added to help connect residents to a variety of local farmers and vendors who sold produce, meats, baked goods, honeys and preserves, prepared meals, and more. In 2022, the in-person market ran for 17 weeks, with approximately 2,600 visitors, supporting upwards of 25 vendors. 2.4. Providing awareness through events, education, and workshops The City coordinates annual in-person and virtual educational workshops and webinars to increase awareness about the benefits of growing food and teach residents how to grow food, regardless of the size of their space, e.g., plot gardens, container and balcony gardening. In recent years, workshops have focused on topics including: How to Plan a Successful Garden, Composting at Home, Sustainable Gardening, Square Foot Gardening, Gardening in a new Subdivision, and Gardening for Climate Change. 2.5. Sustainable land use planning for new development For new residential development, where feasible, staff work collaboratively with the builders to encourage community gardens on private lands. Currently, for all new multi - 533 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 9 residential and mid to high rise development, staff are requesting that the builder includes a dedicated community garden area on the proposed landscape plans or green roof plans. 2.6. Incorporate urban agriculture initiatives in future corporate studies and projects As part of the future City Official Plan update, staff will add policies to support urban agriculture that are consistent with the new Region of Durham Official Plan. The new draft consolidated Zoning By-law currently includes definitions of amenity areas, that include rooftop gardens, community gardens, open landscaped areas, and accessory structures such as a garden trellis. Recognizing the emerging trend in commercial growing of plants indoors (vertical farming), the draft By-law also includes a definition for Cannabis Cultivation, which means the growing of cannabis, either within a wholly enclosed building or structure, or in an open air setting, for medical or recreational purposes, subject to regulations under the Cannabis Act (Canada), as amended, in the Employment Zones. As part of the 2017 Recreation & Parks Master Plan update, staff will be amending the community garden section to further support and proactively plan for urban agriculture including, community garden initiatives. Staff are working collaboratively with the Region of Durham on the Durham Meadoway Visioning Study, a proposed pedestrian, cycling, and linear park trail system that will transverse Pickering in three locations, and end at the City of Oshawa limits. Staff have provided comments in support of a raised community garden connection within the hydro corridor right of way. 3. Review of Municipal Best Practices for Encouraging and Promoting Urban Agriculture Municipalities are in a unique position to plan for and support development projects that incorporate local urban agriculture, and to integrate direction for urban agriculture into a broad policy framework. There are many economic, social, and environmental benefits attributed to urban agriculture. Thus, in addition to those actions already being done by the City of Pickering, a scan identified some additional practices by other municipalities including: • Developing a Municipal Urban Agriculture Strategy (UAS), which is a strategic document that helps identify the municipality’s role in supporting corporate and community efforts to increase urban-scale food production. Although the City of Pickering does not have a UAS, staff are undertaking many of the actionable items outlined in others strategies, such as: Educate people and raise awareness about urban agriculture, and encourage its practice by residents and communities; Increase agricultural production within city limits and support commercial urban agriculture; Encourage resilient and ecological urban agriculture (adapted from the City of Mississauga and Toronto UAS). - 534 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 10 • Providing a clear definition of urban agriculture, zoning permissions around the various activities of urban farming, including for example, the sale of produce and building permit requirements for greenhouse construction. • Removing potential zoning barriers to allow industries to grow and cultivate plants for non-medical purposes, on a commercial-scale, and within controlled indoor environments. In October 2022, the City of Mississauga initiated a Zoning By-law Amendment to permit and regulate industries that grow and cultivate plants as a part of their manufacturing process, in Employment Zones. Allowing plant-manufacturing in urban areas has been a rising trend. Mississauga staff noted that they have been receiving an increasing number of inquiries for industries seeking to incorporate the growing and cultivating of plants (i.e., lettuce, kale, tomatoes, etc.) in controlled environments, and this illustrates a connection to vertical farming initiatives. • Including a voluntary performance measure into green standards that encourages urban agriculture in new development. From a sustainability perspective, a few municipalities with green standards have added a voluntary measure that promotes community gardens, rooftop gardens or spaces to support farmer’s markets. In other examples, the voluntary measure encourages the builder to commit a minimum percentage of space for food production. • Dedicating a webpage for urban agriculture, including with community garden information. Staff used the information that was gathered about best practices to help inform future actions that can be taken to support urban agriculture. 4. Further Support for Urban Farming (Urban Agriculture) Initiatives in the City A resilient food system is important to the city, and urban agriculture continues to be an important component through its benefits to the economy, community, and environmental sustainability. In consultation with city staff from various departments, the following are short-term actions that staff recommend be undertaken to further support urban farming/urban agriculture in the next six months: Short-term Actions 1. Create an online urban farming/agriculture survey to examine the need for more education, programs, funding opportunities, and project site selections. This will assist in expanding educational workshop/webinar offerings, and to understand the benefits and barriers to urban agriculture. 2. Update the City of Pickering website to increase visibility and promotion of urban agriculture. 3. Continue to promote urban agriculture and local food within the community. 4. Develop a ‘community garden toolkit’ for private land owners to share information and resources. - 535 - SUS 05-23 June 5, 2023 Subject: Urban Farming Page 11 5. Initiate an urban agriculture focused meeting with members of the building community to discuss challenges and opportunities on site. 6. Continue encouraging builders to incorporate community and vegetative roof gardens in new development. 7. Explore smaller community garden opportunities in existing parks: determine the costs associated to establish: and report back prior to the 2024 budgetary review period. 8. Research interim planning mechanisms to support onsite urban agriculture through the development approval process. 9. Continue to examine official plan policies and zoning opportunities to support vertical farming or plant-based manufacturing in the new City Comprehensive Zoning By-law. Long-term Actions 1. Research other means to promote or offer support for urban agriculture including, community garden development on private property e.g. hydro corridors, conservation land, Region of Durham, places of worship, etc. 2. Explore the cost and benefits of retaining services to assist with the development of an Urban Farming (Urban Agriculture Strategy). 3. Consider including draft performance criteria (supporting urban agriculture) within the Integrated Sustainable Design Standards during the next review cycle for this standard. Urban farming increases access to healthy, affordable, fresh produce and provides communities with opportunities to learn about nutrition and growing food. To continue to foster Pickering’s sustainable urban agriculture initiatives, staff requests Council approval to initiate work on the above noted actions, and that an update is provided to Council on the additional actions that have been taken to further this important sustainability matter in the first quarter of 2024. Attachment: 1. Council Resolution #100/23 - 536 - Prepared By: SUS 05-23 June 5, 2023 Subject: Urban Farming Page 12 Original Signed By Lalita Paray, MCIP, RPP Senior Planner, Sustainability Original Signed By Chantal Whitaker, BESc (Hons), CSP-P Manager, Sustainability & Strategic Environmental Initiatives Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO LP:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By - 537 - Attachment #1 to Report SUS 05-23Legislative Services Division Clerk’s Office Directive Memorandum March 15, 2023 To: Paul Bigioni Director, Corporate Services & City Solicitor Kyle Bentley Director, City Development & CBO From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on February 27, 2023 Urban Farming Council Decision Resolution #100/23 WHEREAS, The Corporation of the City of Pickering promotes itself as becoming one of the most sustainable cities in Canada; And Whereas, rising inflation and grocery prices are affecting the food choices of families making healthy food inaccessible; And Whereas, poor nutrition ultimately affects one’s overall health putting a burden on our healthcare system; And Whereas, supplying families with nutritious eggs raised without hormones and antibiotics at a low cost; And Whereas, chickens eat grass clippings and food scraps thereby reducing waste; And Whereas, looking after hens makes staying at home enjoyable and helps educate children about chicken farming; Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs through the Office of the CAO to consult with stakeholders regarding the implementation of an Urban Farming pilot project for the enjoyment of Urban backyard egg production only and Urban Farming to include Vertical Farming, and Urban Farming to include Vertical Farming, and that staff report back to Council no later than the end of Q2. Please take any action deemed necessary. Susan Cassel Copy: (Acting) Manager, Municipal Law Enforcement Services Manager, Sustainability & Strategic Environmental Initiatives - 538 - Chief Administrative Officer - 539 -