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Home My WebLink AboutNovember 6, 2023Executive Committee Meeting Agenda November 6, 2023Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 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.Call to Order/Roll Call 2.Disclosure of Interest 3.Delegations Members of the public looking to provide a verbal delegation to Members of the ExecutiveCommittee may do so either in person or through a virtual 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 theChair in the order in which they have registered. Delegates are allotted a maximum of 5minutes to make their delegation. Please be advised that your name will appear in the public record and will be posted onthe City’s website as part of the meeting minutes. 3.1 Jon Franke, Senior Vice President, Pickering Nuclear, Ontario Power Generation (In Person) Analiese St. Aubin, Manager Corporate Relations, Pickering Nuclear, Ontario Power Generation (In Person) Re: Pickering Nuclear Generating Station Annual Update 3.2 Greg Pereira, Manager, Transportation Planning, Region of Durham (In Person) Chris Leitch, Principal Planner, Transportation Planning, Region of Durham (In Person) Re: Durham Meadoway Visioning Study Update 4.Matters for Consideration 4.1 Director, Finance & Treasurer, Report FIN 18-23 1 2023 Year End Audit (Interim) Consultant Delegation Executive Committee Meeting Agenda For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Lilian Cheung, Partner, Deloitte (Virtual) Recommendation: That the Audit Service Plan as submitted by Deloitte LLP, set out in Attachment 1 to this report, be received for information. 4.2 Director, Community Services, Report CS 28-23 21 2024 Community Festivals and Events -Approval of Events in Esplanade Park Recommendation: 1.That Council authorize staff to issue a park permit for the use of Esplanade Park by Rotary Club of Pickering Rotary from Wednesday, June 12 to Monday June 17, 2024, for PickeringRibfest, on terms and conditions satisfactory to Director,Community Services and Chief Administrative Officer; 2.That Council authorize staff to issue a park permit for the use ofEsplanade Park by Carea Community Health Centre on Friday,June 21, 2024, for National Indigenous Peoples Day, on terms andconditions satisfactory to Director, Community Services and ChiefAdministrative Officer; 3.That Council authorize staff to issue a park permit for the use ofEsplanade Park by Canadian Food Truck Festivals from Thursday,August 8 to Monday, August 12, 2024, for Pickering Food TruckFestival, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 4.That Council authorize staff to issue a park permit for the use ofEsplanade Park by Apostolic Pentecostal Church of Pickering onTuesday, August 13, 2024, and Tuesday August 20 (rain date) for a Sing-A-Long, on terms and conditions satisfactory to Director,Community Services and Chief Administrative Officer; 5.That Council authorize staff to issue a park permit for the use ofEsplanade Park by Affiliation For Inspiring Youth Upliftment Enterprise (A.F.I.Y.U) on Saturday August 17, 2024, and Sunday,August 25, 2024 (rain date) for a Movie Night, on terms and November 6, 2023Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles Executive Committee Meeting Agenda For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca conditions satisfactory to Director, Community Services and Chief Administrative Officer; 6.That Council authorize staff to issue a park permit for the use ofEsplanade Park by Indo-Canadian Cultural Association of Durham Inc. on Sunday, August 18, 2024, for A Festival of India’sIndependence, on terms and conditions satisfactory to Director,Community Services and Chief Administrative Officer; 7.That Council authorize staff to issue a park permit for the use of Esplanade Park by Ontario Conservative Electoral DistrictAssociation on Saturday, August 24, 2024, for MPP Bethlenfalvy’sCommunity BBQ, on terms and conditions satisfactory to Director,Community Services and Chief Administrative Officer; and, 8.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.3 Director, Community Services, Report CS 29-23 26 Accessibility for Ontarians with Disabilities Act -2023 Compliance Report Recommendation: 1.That Council endorse the City of Pickering 2023 Accessibility Compliance Report prepared by City staff and endorsed by the Accessibility Advisory Committee, as set out in Attachment 1; 2.That staff be authorized to submit the City of Pickering 2023Accessibility Compliance Report to the Government of Ontario Ministry for Seniors and Accessibility; and, 3.That the appropriate officials of the City of Pickering be authorizedto take the necessary actions as indicated in this report. 4.4 Director, Community Services, Report CS 30-23 41 Public Art Policy Updates -CUL 130 Public Art Policy Recommendation: November 6, 2023Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles Executive Committee Meeting Agenda For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1.That Council endorse the revisions in CUL 130 Public Art Policy, asset out in Attachment 1 to this report, subject to minor revisionsacceptable to the Director, Community Services; 2.That Council endorse in principle the Public Art Plan 2023-2026, as set out in Attachment 3 to this report; and, 3.That the appropriate City of Pickering officials be authorized to takethe necessary actions as indicated in this report. 4.5 Director, Community Services, Report CS 31-23 180 Community Safety and Well-Being Draft Plan Recommendation: 1.That Report CS 31-23, regarding the City of Pickering CommunitySafety and Well-Being Draft Plan, be received; 2.That Mayor Ashe be requested to include funding in the amount of$25,000 in the City’s 2024 Current Budget (Culture & Recreation Administration) to enable staff to undertake CommunityConsultation on the City of Pickering Community Safety and Well-Being Draft Plan in Q1 2024; 3.That staff return the final City of Pickering Community Safety and Well-Being Plan to Council for endorsement no later than Q2 2024;and, 4.That the appropriate officials of the City of Pickering be authorizedto take the necessary actions as indicated in this report. 4.6 Fire Chief, Report FIR 05-23 237 Ajax-Pickering Automatic Aid Agreement Recommendation: 1.That Report FIR 05-23 regarding Ajax-Pickering Automatic Aid Agreement be received; 2.That the Mayor and City Clerk be authorized to execute the Ajax-Pickering Automatic Aid Agreement, set out in Attachment 1 to this November 6, 2023Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles Executive Committee Meeting Agenda For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca report, subject to minor revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; and, 3.That the appropriate officials of the City of Pickering be authorized totake the necessary actions as indicated in this report. 4.7 Director, Operations, Report OPS 26-23 245 Supply & Delivery of Nine Midsize SUVs -Request for Quotation No. Q2023-47 Recommendation: 1.That Request for Quotation No. Q2023-47 submitted by DowntownAutoGroup, in the amount of $328,230.00 (HST excluded) be accepted; 2.That the total gross project cost of $370,900.00 (HST included), and thatthe total net project cost of $334,007.00 (net of HST rebate) be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $334,007.00 funded from the VehicleReplacement Reserve as provided for in the 2023 Capital Budget; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.8 Director, City Development & CBO, Report PLN 35-23 248 Proposed Memorandum of Understanding to govern the delivery of municipally requested programs and services offered by the Central Lake Ontario Conservation Authority to the City of Pickering under the Conservation Authorities Act Recommendation: 1.That Council endorse in principle the draft Memorandum ofUnderstanding between the City of Pickering and the Central Lake Ontario Conservation Authority (CLOCA), as set out in Appendix I toReport PLN 35-23, to secure the continuation of municipally requestedprograms and services CLOCA offers to the City of Pickering incompliance with the Conservation Authorities Act; 2.That the Mayor and City Clerk be authorized to execute the Memorandumof Understanding, between the City of Pickering and the Central Lake November 6, 2023Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles Executive Committee Meeting Agenda For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Ontario 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 necessaryactions as indicated in this report. 4.9 Director, City Development & CBO, Report PLN 37-23 256 Tree Protection By-law Update -Phase 3 Recommendation Report Recommendation: 1.That Report PLN 37-23, providing an overview of Phase 3 of theTree Protection By-law Update, be received for information; 2.That the new Tree Protection By-law, prepared by the corporateworking group, as set out in Appendix I to Report PLN 37-23, beendorsed; 3.That the Mayor be requested to include a special levy of 0.49 percent as an addition to the City’s 2024 Budget to provide fundingfor staffing, indirect operating and capital costs in order toundertake the Council approved activities as required under thenew Tree Protection By-law; 4.That should the Mayor approve the 2024 Current Budget with thefunding for staff requested in Recommendation #3 above, a.the new draft Tree Protection By-law, to repeal and replace By- law 6108/03, as amended by By-laws 6191/03 and 7007/09, and to expand the regulations with regards to the injuring,destruction or removal of trees for all lands in the City ofPickering, as set out in Appendix I to Report PLN 37-23, befinalized and forwarded to Council for enactment at the appropriate time; and, b.the City of Pickering’s Summary of Fees & Charges beamended to establish the following: November 6, 2023Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles Executive Committee Meeting Agenda For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca i.Tree Removal Fees: i.$150.00 application fee for a permit requiring aninspection by the City’s arborist, or; ii.$50.00 application fee for a permit accompanied by aCertified Arborist report, or; iii.$50.00 application fee for a permit related to a dead,diseased or injured tree requiring an inspection by the City’s arborist; iv.0.00 application fee for a permit for a dead, diseased orinjured tree accompanied by a Certified Arborist report,or; ii.An appeal fee of $150.00 is payable at the time of filing anappeal; 5.That should the Mayor not include a special levy as an addition to the City’s 2024 Current Budget to provide the required funding asrequested in Recommendation #3 above, the new draft TreeProtection By-law, to repeal and replace By-law 6108/03, asamended by By-laws 6191/03 and 7007/09, and to expand theregulations with regards to the injuring, destruction or removal of trees in the City of Pickering, set out in Appendix I to Report PLN37-23, be held in abeyance until such time as the City’s CurrentBudget has been approved to fund the requisite staff resources; 6.That should the Mayor not include a special levy as an addition to the City’s 2024 Current Budget to provide the required funding asrequested in Recommendation #3 above, a new Tree ProtectionBy-law which modernizes the language, definitions, and fines, butdoes not expand the land covered by the By-law, as set out inAppendix III to Report PLN 37-23 be finalized and brought forward in Q2 2024 for Council enactment; and, 7.That the appropriate City officials be authorized to take thenecessary actions as indicated in this report. 5.Member Updates on Committees November 6, 2023Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles Executive Committee Meeting Agenda For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 6.Other Business 7.Adjournment November 6, 2023Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles Report to Executive Committee Report Number: FIN 18-23 Date: November 6, 2023 From: Stan Karwowski Director, Finance & Treasurer Subject: 2023 Year End Audit (Interim) File: F-3300-001 Recommendation: That the Audit Service Plan as submitted by Deloitte LLP, set out in Attachment 1 to this report, be received for information. Executive Summary: In accordance with generally accepted auditing standards, the Audit Service Plan is prepared to communicate the auditor’s approach and reporting responsibilities to the Executive Committee, who has oversight responsibility for the financial reporting process. This plan is submitted at the commencement of the year end audit. Financial Implications: The base audit fee for City and Library is estimated at $94,745.00. Sufficient provision is available in the 2023 Budget. Discussion: In the Executive Committee’s role as the body responsible for oversight of the financial reporting process, it must review the Audit Service Plan for the 2023 year end audit. The Audit Service Plan includes the scope of the audit services to be provided, the auditor’s reporting responsibilities and an outline of the audit approach. It is included as Attachment 1 to this report. Attachment: 1.2023 Audit Service Plan - 1 - FIN 18-23 November 6, 2023 Subject: 2023 Year End Audit (Interim) Page 2 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Kristine Senior, CPA, CA Stan Karwowski, MBA, CPA, CMA Manager, Accounting Services Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 2 - 00 The Corporation of the City of Pickering 2023 Audit service plan For the year ending December 31, 2023 Attachment #1 to Report FIN 18-23 - 3 - Deloitte LLP Bay Adelaide East 8 Adelaide Street West Suite 200 Toronto ON M5H 0A9 Canada Tel: 416-601-6150 Fax: 416-601-6610 www.deloitte.ca October 10, 2023 Private and confidential To the Members of the Executive Committee of The Corporation of the City of Pickering 1 The Esplanade Pickering ON L1V 6K7 2023 Audit service plan Dear Executive Committee Members: We are pleased to provide you with our audit service plan for The Corporation of the City of Pickering (the “City”), for the year ending December 31, 2023. This document describes the key features of our plan including our audit scope and approach, our planned communications with you, and our team. Our audits will include: ● An audit of the City of Pickering’s consolidated financial statements (the “Financial Statements”) for the year ending December 31, 2023 prepared in accordance with Canadian Public Sector Accounting Standards (“PSAS”) ● An audit of the City of Pickering Public Library Board’s financial statements for the year ending December 31, 2023 prepared in accordance with Canadian PSAS, and ● An audit of the Trust Funds of the City of Pickering’s financial statements for the year ending December 31, 2023 prepared in accordance with Canadian Accounting Standards for Not-for-Profit Organizations. Our commitment to you is straightforward: we will provide you with outstanding professional services delivered by an experienced and dedicated team of professionals. Our professionals will continue providing you with best practices and insights to face the increasingly complex array of issues and challenges encountered by the City. This report has been provided to the Executive Committee (the “Committee”) on a confidential basis. It is intended solely for the use of the Committee to assist you in discharging your responsibilities with respect to the various financial statement audits enumerated above and is not intended for any other purpose. We look forward to discussing our audit service plan with you and answering any questions you may have. Yours truly, Chartered Professional Accountants Licensed Public Accountants - 4 - The Corporation of the City of Pickering | Table of contents i © Deloitte LLP and affiliated entities Table of contents Executive summary 1 Audit risks 3 Appendix 1 – Audit approach 6 Appendix 2 – Communication requirements 10 Appendix 3 – New and Revised Public Sector Accounting Standards 12 Appendix 4 – Deloitte resources a click away 13 Appendix 5 – Assurance services 14 - 5 - The Corporation of the City of Pickering | Executive summary 1 © Deloitte LLP and affiliated entities Executive summary Audit scope and terms of engagement We have been engaged to perform an audit of the City, Library and Trust Funds’ Financial Statements, as at, and for the year ending, December 31, 2023 (the “Financial Statements”) prepared in accordance with Canadian Public Sector Accounting Standards (“PSAS”) for the City and the Library Board, and Canadian Accounting Standards for Not-For-Profit Organizations for the Trust Funds. Our audit will be conducted in accordance with Canadian generally accepted auditing standards (“Canadian GAAS”). The terms and conditions of our engagement are described in the Master Services Agreement for Professional Services dated April 16, 2023, which has been signed on behalf of the Committee and management. Audit risks 1 Revenue recognition 2 Management override of controls 3 Management judgments and accounting estimates 4 Implementation of PS 3280 Asset Retirement Obligations and PS 3450 Financial instruments accounting standards Materiality (for consolidated City audit) 5% of materiality 3% of expenses Preliminary materiality Clearly trivial threshold We are responsible for providing reasonable assurance that your financial statements as a whole are free from material misstatement. Our materiality levels are based on professional judgment and will be determined using total expenses or fund balances as a reference point for the ultimate determination of materiality as follows: • Consolidated financial statements for the City – approximately 3% of expenses • City of Pickering Public Library Board – approximately 3% of expenses, and • City of Pickering Trust Funds – approximately 3% of fund balances We will inform the Executive Committee of all uncorrected misstatements greater than a clearly trivial amount (5% of materiality) and any misstatements that are, in our judgment, qualitatively material. In accordance with Canadian GAAS, we will ask that any misstatements be corrected. - 6 - The Corporation of the City of Pickering | Executive summary 2 © Deloitte LLP and affiliated entities Fraud risk We will develop our audit strategy to address the assessed risks of material misstatement due to fraud. Determining this strategy will involve: 1. Enquiry of those involved in the financial reporting process about inappropriate or unusual activity. 2. Testing a sample of journal entries throughout the period as well as adjustments made at the end of the reporting period. 3. Identifying and obtaining an understanding of the business rationale for significant or unusual transactions that are outside the normal course of business. 4. Evaluating whether your accounting policies may be indicative of fraudulent financial reporting resulting from management’s effort to manage earnings. 5. Evaluating whether the judgements and decisions related to management estimates indicate a possible bias. 6. Incorporating an element of unpredictability in selecting our audit procedures. We will ask the Committee for their views about the risk of fraud, whether they know of any actual or suspected fraud affecting the City and their role in the oversight of management’s antifraud programs. If we suspect fraud involving management, we will immediately inform the Committee of our suspicions and discuss the nature, timing, and extent of audit procedures necessary to complete the audit. Use of the work of specialists We intend to rely on the work of the following expert during our audit: •Deloitte Risk Advisory We intend to use our own IT specialists to assess the design and implementation of general computer controls. If our assessment does not provide us with sufficient, appropriate audit evidence, we will need to perform additional audit procedures to address the risks of material misstatements in the Financial Statements. - 7 - The Corporation of the City of Pickering | Audit risks 3 © Deloitte LLP and affiliated entities Audit risks The following tables set out the audit risks that we identified during our preliminary planning activities, including our proposed response to each risk. Our planned audit response is based on our assessment of the likelihood of a risk’s occurrence, the significance should a misstatement occur, our determination of materiality and our prior knowledge of the City. Revenue recognition* Significant Audit risk Under Canadian GAAS, we are required to evaluate the risk of fraud in revenue recognition. We have pinpointed this fraud risk to the following revenue streams: • Taxation revenue (Occurrence, Accuracy and Cut-off) • User charges (manual entries only) • Developer contributions and development charges (Occurrence, Accuracy and Cut-off) and the corresponding Deferred Revenue (Existence, Rights and Obligations, Completeness, and Valuation and Allocation) • Other contributions and donations (Occurrence, Accuracy and Cut-off) • Contributed tangible capital assets (Occurrence, Accuracy and Cut-off) • Equity share of Elexicon Corporation earnings (Occurrence, Completeness, Accuracy and Cut-off) • Penalties and interest on taxes (manual entries only) Our proposed audit response Certain revenue streams are presumed areas of significant audit risk. We will test the design and implementation of controls in significant revenue streams and perform substantive analytic procedures and/or detailed testing in these areas (including testing of manual journal entries). We will perform substantive testing to determine if restricted contribtions (i.e. development charges), and government transfers/grants have been recognized appropriately (revenue vs. deferred revenue). - 8 - The Corporation of the City of Pickering | Audit risks 4 © Deloitte LLP and affiliated entities Management override of controls* Significant Audit risk Under Canadian Auditing Standards, it is the responsibility of the management, with the oversight of those charged with governance to place a strong emphasis on fraud prevention and detection. Oversight by those charged with governance includes considering the potential for override of controls or other inappropriate influence over the financial reporting process. Management override of controls is present in all entities. It is a risk of material misstatement resulting from fraud and therefore is considered as a significant risk. Our proposed audit response Our audit tests the appropriateness of journal entries recorded in the general ledger and other adjustments made in the preparation of financial statements We obtain an understanding of the business rationale for significant transactions that we become aware of that are outside of the normal course of business, or that otherwise appear to be unusual given our understanding of the City and its environment We review accounting estimates for bias and evaluate whether the circumstances producing the bias, if any, represent a risk of material misstatement In addition, experienced Deloitte personnel are assigned to the testing and review of journal entries and areas of estimates, and Professional skepticism will be maintained throughout the audit. *Area of Significant risk - 9 - The Corporation of the City of Pickering | Audit risks 5 © Deloitte LLP and affiliated entities Areas of Special Audit Consideration During our risk assessment, we identified some areas of audit risk that will require special audit consideration. These areas of risk, together with our planned responses, are described below: Management judgments and accounting estimates Implementation of PS 3280 Asset Retirement Obligations and PS 3450 Financial instruments accounting standards Audit risk Our proposed audit response The City must adopt two new significant accounting standards, PS 3280 Asset retirement obligations, and PS 3450 Financial instruments, in fiscal 2023. Both standards require preparation by the City, including development of accounting policies, information gathering with various City departments, engagement of external consultants to assist with valuation, and development of go-forward processes for policy maintenance. • We will discuss with management their implementation plan for the new standards. • Obtain an understanding from management of the approach to ARO identification, including procedures undertaken to ensure completeness of identification of such obligations. • Obtain management’s calculation of ARO and opening balance adjustment, and any assumptions and estimates used. Perform detailed testing on the inputs to the calculation, including assessing the reasonableness of assumptions and recalculation of the ARO liability, amortization and accretion expense. • Review management’s assessment of the applicability of PS 3450. • Review financial statements disclosures with respect to the first time adoption and new accounting policies. Audit risk Our proposed audit response Management judgments and accounting estimates may be subject to estimation uncertainty. Significant judgements and estimates Accounts involving significant estimates include allowance for doubtful accounts, certain accrued liabilities, post-employment benefits liability, WSIB liabilities, estimates relating to the useful lives of tangible capital assets, and estimates relating to asset retirement obligations. Understand how management makes the accounting estimates and the underlying data on which those estimates are based. Review support for significant assumptions made by management. (i.e., third party source data). Evaluate whether the significant assumptions made by management provide a reasonable basis for the accounting estimate, whether and how management considered alternative assumptions or outcomes, and why they have rejected them. Review transactions and events occurring subsequent to year-end to determine the reasonableness of estimates made at year-end. Review the consistency of assumptions made by management. - 10 - The Corporation of the City of Pickering | Appendix – Audit approach 6 © Deloitte LLP and affiliated entities Appendix 1 – Audit approach Deloitte’s audit approach is a systematic methodology that enables us to tailor our audit scope and plan to address the unique issues facing the City. Focus area Risk based audit • Deliver a customized risk assessment, focusing our attention and resources on the audit areas that are most relevant to the City. Confidential Information • Protecting the privacy and confidentiality of our clients and the firm is a cornerstone of the professional standards every Deloitte partner and practitioner commits to upholding every day. • Deloitte employs technical, physical, and procedural safeguards, including our Confidential Information Program, to appropriately safeguard your data before, during, and after the course of the engagement. Professional skepticism • Obtain a thorough understanding of the relevant facts and information, analyze reasonable alternatives, apply a questioning mindset and challenge management’s assumptions. • Perform a more rigorous review of potential contradictory evidence. Consultations • Involve additional resource or consult with technical resources concerning the significant or unusual events. • Understanding your current business and its structure • Understanding your accounting processes and internal controls • Understanding your IT systems • Identifying potential engagement risks and planning control testing and substantive procedures directly related to the risks • Consideration of the risk of fraud • Inquiring directly of the Committee about fraud risk • Assessing risks and controls relating to information technology • Incorporate an element of unpredictability when selecting the nature, timing and extent of our audit procedures. • Evaluating the design and determining the implementation of internal controls relevant to the audit • Performing substantive audit procedures • Prior to rendering our report, we will conclude whether: o The scope of the audit was sufficient to support our opinion, and o The misstatements identified during the audit do not result in the financial statements being materially misstated. • Reconfirming our independence Delivering professional excellence Assesssing and responding to engagement risk Developing and executing the audit plan Reporting and assessing performance Initial Planning - 11 - The Corporation of the City of Pickering | Appendix – Audit approach 7 © Deloitte LLP and affiliated entities When general IT controls (GITCs) may be relevant? For example: A billing system that performs many functions (such as processing orders, generating invoices, and tracking financial balances) and it processes and houses data. The entity relies on the functionality and the data processed by the system. Additionally, the volume and complexity of transactions processed by system is considered high. Therefore, the billing system is relevant to the audit. Factor #1 Data For example: •3-way match of the purchase order, goods receipt and invoice prior to payment •The calculation of depreciation expense •Access is restricted to update inventory quantity Factor #2 Automated Controls For example, a system- generated A/R aging report from the financial reporting application is used to determine the allowance for doubtful accounts. Factor #3: System Generated Reports For example, a telecommunications company uses its application system to create a log of the services provided to its customers, to initiate and process its billings for the services, and to automatically record such amounts in the general ledger. It is a highly automated environment and therefore most of the audit evidence is maintained in the application system itself. The team has concluded that substantive procedures alone would not be sufficient to address certain risks of material misstatements. Therefore, the application system is relevant for the audit. Factor #4: Highly automated environment where substantive procedures alone are insufficient The determination of which IT system aspects are relevant to our audit is based on the four factors. - 12 - The Corporation of the City of Pickering | Appendix – Audit approach 8 © Deloitte LLP and affiliated entities Focus area Audit technology • Deloitte Connect – Use Deloitte’s secure, online collaboration site to facilitate a two-way dialogue between the Deloitte team and the City team to effectively manage engagement coordination and provide greater transparency allowing both management and auditor visibility over client request status. • Deloitte Spotlight - Gather data and test journal entries, identify risks and anomalies more quickly, and generate meaningful insights through data visualization. • Argus – Use Deloitte’s artificial intelligence tool to analyze the population of contracts or other documents to identify variations, potential risks and hone in on items of interest. Innovating our audit approach Use of Innovation Audit Analytics Argus Excel analytics Deloitte Spotlight Deloitte Signal Deloitte Connect Deloitte Signal delivers a comprehensive, customized, and flexible data analysis using trends, metrics, and ratios from coordinated external and internal resources. Deloitte’s artificial intelligence tool that extracts analytics across an entire population of documents and highlights variations that can help us identify risks. Deloitte’s proprietary tool, focuses testing on high-risk transactions and streamline common audit test procedures. We are leveraging specialists and technology-powered solutions in our audit delivery model to transform the way we plan and execute our audits. Deloitte Spotlight mines journal entry data to test 100 percent of select populations in a matter of minutes, identifies risks and anomalies more quickly, and generates meaningful insights through data visualization. Deloitte’s secure, online collaboration site that facilitates a two-way dialogue between the Deloitte team and client team to effectively manage engagement coordination. - 13 - The Corporation of the City of Pickering | Appendix – Audit approach 9 © Deloitte LLP and affiliated entities Focus area Processes • Project management - Enhance project management oversight and effective communications between the audit team and management. - 14 - The Corporation of the City of Pickering | Appendix – Communication requirements 10 © Deloitte LLP and affiliated entities Appendix 2 – Communication requirements Required communication Reference Audit Service Plan 1. Our responsibilities under Canadian GAAS, including forming and expressing an opinion on the financial statements CAS1 260.14 2. An overview of the overall audit strategy, addressing: CAS 260.15 a. Timing of the audit b. Significant risks, including fraud risks 3. Significant transactions outside of the normal course of business, including related party transactions CAS 260 App. 2, CAS 550.27 Enquiries of those charged with governance 4. How those charged with governance exercise oversight over management’s process for identifying and responding to the risk of fraud and the internal control that management has established to mitigate these risks CAS 240.21 5. Any known suspected or alleged fraud affecting the City CAS 240.22 6. Whether the City is in compliance with laws and regulations CAS 250.15 Year-end communication 7. Modification to our audit plan and strategy CAS 260.A26 8. Fraud or possible fraud identified through the audit process CAS 240.40-.42 9. Significant accounting policies, practices, unusual transactions, and our related conclusions CAS 260.16 a. 10. Alternative treatments for accounting policies and practices that have been discussed with management during the current audit period CAS 260.16 a. 11. Matters related to going concern CAS 570.25 12. Management judgments and accounting estimates CAS 260.16 a. 13. Significant difficulties, if any, encountered during the audit CAS 260.16 b. 14. Material written communications between management and us, including management representation letters CAS 260.16 c. 15. Circumstances that affect the form and the content of the auditor’s report CAS 260.16d. 16. Modifications to our opinion CAS 260.A21 17. Our views of significant accounting or auditing matters for which management consulted with other accountants and about which we have concerns CAS 260.A22 18. Significant matters discussed with management CAS 260.A.22 1 CAS: Canadian Auditing Standards – CAS are issued by the Auditing and Assurance Standards Board of CPA Canada - 15 - The Corporation of the City of Pickering | Appendix – Communication requirements 11 © Deloitte LLP and affiliated entities 19. Matters involving non-compliance with laws and regulations that come to our attention, unless prohibited by law or regulation, including illegal or possibly illegal acts that come to our attention CAS 250.23 20. Significant deficiencies in internal control, if any, identified by us in the conduct of the audit of the financial statements CAS 265 21. Uncorrected misstatements and disclosure items CAS 450.12-13, 22. Any significant matters arising during the audit in connection with the City’s related parties CAS 550.27 - 16 - The Corporation of the City of Pickering | Appendix – New and Revised Public Sector Accounting Standards 12 © Deloitte LLP and affiliated entities Appendix 3 – New and Revised Public Sector Accounting Standards The following is a summary of certain new or revised Canadian Public Sector Accounting Standards that will become effective in 2023 and beyond. Public Sector Accounting Standards Title Description Effective Date Section PS 3280 - Asset retirement obligations This Section establishes standards on how to account for and report on the legal obligations associated with the retirement of tangible capital assets. Effective April 1, 2022. Earlier adoption is permitted. The City will be adopting this standard in the current fiscal year under audit. Section PS 3450 - Financial instruments This Section establishes standards on how to account for and report all types of financial instruments including derivatives. Effective April 1, 2022, earlier adoption is permitted. The City will be adopting this standard in the current fiscal year under audit. Section PS 3400 - Revenue This Section establishes standards on how to account for and report on revenue. Specifically, it differentiates between revenue arising from transactions that include performance obligations and transactions that do not have performance obligations. Effective for fiscal years beginning on or after April 1, 2023. Earlier adoption is permitted. This Section may be applied retroactively or prospectively. Section PS 3160 – Public Private Partnerships This Section establishes standards on how to account for public private partnership arrangements. Effective for fiscal years beginning on or after April 1, 2023. Earlier adoption is permitted. Guidelines PSG 8 – Purchased Intangibles This new Guideline explains the scope of the intangibles now allowed to be recognized in financial statements given the removal of the recognition prohibition relating to purchased intangibles in Section PS 1000. Effective for fiscal years beginning on or after April 1, 2023. Earlier adoption is permitted. - 17 - The Corporation of the City of Pickering | Appendix – Deloitte resources a click away 13 © Deloitte LLP and affiliated entities Appendix 4 – Deloitte resources a click away At Deloitte, we are devoted to excellence in the provision of professional services and advice, always focused on client service. We have developed a series of resources, which contain relevant and timely information. See links below to receive practical insights, invitations to Deloitte events/webcasts, and newsletters via email and other electronic channels. You will be able to select business topics and industries that align with your interests. Canada’s Best Managed Companies (www.bestmanagedcompanies.ca) Target audience Directors and CEO/CFO The Canada's Best Managed Companies designation symbolizes Canadian corporate success: companies focused on their core vision, creating stakeholder value and excelling in the global economy. Deloitte Viewpoints (https://www.iasplus.com/en-ca/tag- types/deloitte-viewpoints) Target audience CFO Controller and Financial reporting team Electronic communications that helps you to stay on top of standard-setting initiatives impacting financial reporting in Canada. CFO's corner (https://www.iasplus.com/en-ca/cfos-corner) Target audience CFO and VP Finance Controller and Financial reporting team Editorial providing insights into key trends, developments, issues and challenges executives face, with a Deloitte point of view. Deloitte Dbriefs (https://www.iasplus.com/en-ca/dbriefs/webcasts) Targeted audience CFO and VP Finance Controller and Financial reporting team Learning webcasts offered throughout the year featuring our professionals discussing critical issues that affect your business. Recent publications ESG (November 2022) Proposed PS 3251 – Employee benefits (September 2021) PSAB’s government NPO strategy (April 2021) Centre for Financial Reporting - PSAS (https://www.iasplus.com/en-ca/standards/psas/public-sector-accounting- standards) Target audience CFO and VP Finance Controller and Financial reporting team Web site designed by Deloitte to provide the most comprehensive information on the web about financial reporting frameworks used in Canada. Summaries of each standard that forms part of the Public Sector Accounting Standards can be found on our Deloitte Centre for Financial Reporting. - 18 - The Corporation of the City of Pickering | Appendix – Assurance services 14 © Deloitte LLP and affiliated entities Appendix 5 – Assurance services At Deloitte, we offer a variety of services to assist our clients. We have included below some assurance services that we offer to our public sector clients for your consideration. Complex Accounting Advisory As accounting standards and the regulatory interpretations of these standards are ever evolving, we often see our clients asking what are the best practices for their business. Below are some common areas where technical accounting support is often needed as clients prepare to implement, implement and subsequently monitor. 1. Adoption of New Accounting Standards Deloitte often supports a business through its adoption of new accounting standards, including accounting memo review, advisory services on best practices related to accounting policy implementation and financial statement preparation. Topics often advised on include but are not limited to asset retirement obligations, financial instruments, purchased intangibles, and public private partnerships. 2. On-Call Advisory Many of our clients require technical accounting insights on an on-going basis, to ensure their accounting policies and treatments to new transactions reflect the industry best practices. Deloitte can discuss key considerations with management on the best treatments, provide relevant accounting guidance. 3. Training on new or amended accounting standards To ensure their organizations are up to date on their technical accounting knowledge and/or their professionals meet their certified professional development hour (CPD) requirement, Deloitte regularly hosts training for our clients. These trainings can include new accounting standards/amendments, regulatory exposure draft findings and upcoming standards to name a few. 4. Sustainability and ESG Compliance There is growing pressure for public sector entities to recognize and mitigate their environmental and social impact, and provide credible, transparent information to their stakeholders. The complexity only grows as changes in government policies and enforcement shift. Deloitte can assist an organization in creating strategies and practices to address the extensive oversight, disclosure, and reporting requirements in a context of evolving regulatory environment and stakeholder expectations. - 19 - The Corporation of the City of Pickering | Appendix – Assurance services 15 © Deloitte LLP and affiliated entities Accounting Operational Advisory As the business needs of our clients are ever evolving, we are often asked how their systems and operational functions can be optimized. Below are common areas where accounting operational advisory services have been rendered, resulting in increased operational capacity, enhanced financial insights or optimized system functionality. Finance Diagnostic Do you have new business processes? Are there new regulatory requirements? Has the business completed an acquisition or restructuring? Does your process have a history of control failures? Deloitte can assess the finance functions, evaluating whether the process has any weaknesses or inefficiencies that can be remediated. Deloitte can advise management through the development or integration of new business processes, ensuring they reflect the industry best practices. Data Analytics Do you have a limited use of data to complete your analysis? Are you looking to understand the leading data tools and the benefits they can provide your business? Deloitte can review current data limitations and provide a road map for improved data transformation. Deloitte can assist in leveraging enabling technologies to centralize and harmonize various information to enhance reporting, analysis, and decision-making. System Optimization & Selection Does your process have inefficiencies or excessive manual elements? Does your system meet all your business needs? Do your systems integrate effectively? Deloitte can assess your current processes and recommend adjustments to improve inefficiencies or reduce manual tasks. Deloitte can evaluate your existing systems and advise on optimal transformation and integration. KPIs & Benchmarking Do you know how your competitors are benchmarking their performance? Do your KPIs align with your long-term strategic objectives and those of the market? Deloitte can advise on the most appropriate benchmarking metrics based on the industry. Deloitte can assess your alignment of KPIs with your strategic goals, evaluate potential gaps and recommend changes to promote better alignment. - 20 - Report to Executive Committee Report Number: CS 28-23 Date: November 6, 2024 From: Sarah Douglas-Murray Director, Community Services Subject: 2024 Community Festivals and Events -Approval of Events in Esplanade Park -File: A-1440-001 Recommendation: 1.That Council authorize staff to issue a park permit for the use of Esplanade Park by RotaryClub of Pickering Rotary from Wednesday, June 12 to Monday June 17, 2024, for PickeringRibfest, on terms and conditions satisfactory to Director, Community Services and ChiefAdministrative Officer; 2.That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on Friday, June 21, 2024, for National Indigenous Peoples Day,on terms and conditions satisfactory to Director, Community Services and ChiefAdministrative Officer; 3.That Council authorize staff to issue a park permit for the use of Esplanade Park byCanadian Food Truck Festivals from Thursday, August 8 to Monday, August 12, 2024, for Pickering Food Truck Festival, on terms and conditions satisfactory to Director, CommunityServices and Chief Administrative Officer; 4.That Council authorize staff to issue a park permit for the use of Esplanade Park byApostolic Pentecostal Church of Pickering on Tuesday, August 13, 2024, and Tuesday August 20 (rain date) for a Sing-A-Long, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 5.That Council authorize staff to issue a park permit for the use of Esplanade Park byAffiliation For Inspiring Youth Upliftment Enterprise (A.F.I.Y.U) on Saturday August 17 , 2024,and Sunday, August 25, 2024 (rain date) for a M ovie Night, on terms and conditionssatisfactory to Director, Community Services and Chief Administrative Officer; 6.That Council authorize staff to issue a park permit for the use of Esplanade Park by Indo-Canadian Cultural Association of Durham Inc. on Sunday, August 18, 2024, for A Festival ofIndia’s Independence, on terms and conditions satisfactory to Director, Community Servicesand Chief Administrative Officer; 7.That Council authorize staff to issue a park permit for the use of Esplanade Park by Ontario Conservative Electoral District Association on Saturday, August 24, 2024, for MPPBethlenfalvy’s Community BBQ, on terms and conditions satisfactory to Director, CommunityServices and Chief Administrative Officer; and - 21 - CS 28-23 Subject: 2024 Community Festivals and Events Page 2 8.That the appropriate officials of the City of Pickering be authorized to take the necessaryactions as indicated in this report. 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 Sections 04.02, 04.04, 04.08 and 04.11, the permitting of Esplanade Park is subject to the approval of Council. Therefore, the purpose of this report is to seek Council’s endorsement to permit events proposed to take place at Esplanade Park in 2024 as per the list below. Financial Implications: Applicants 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. Applicants are also responsible for 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 the costs associated with paid duty police officers and/or contracted security guards as required by the City. For Partner Events with attendance greater than 1,000 guests, City staff check in throughout the day to oversee weather and emergency operations, check that conditions of the agreements are being met, and to provide a City staff contact during event operations. Discussion: As per the Community Festivals and Events Policy, Sections 04.02, 04.04, 04.08 and 04.11, staff are required to seek Council approval for applicants requesting to permit Esplanade Park. As such, staff have prepared this report that identifies community organizations which have requested to operate their 2024 event in Esplanade Park. Events Applicant Proposed Dates 2024 (includes event setup, operation and cleanup) Pickering Ribfest Rotary Club of Pickering Wednesday, June 12 to Monday, June 17, 2024 (Inclusive) - 22 - CS 28-23 Subject: 2024 Community Festivals and Events Page 3 Events Applicant Proposed Dates 2024 (includes event setup, operation and cleanup) National Indigenous Peoples Day Carea Community Health Centre Friday, June 21, 2024 Pickering Food Truck Festival Canadian Food Truck Festivals Thursday, August 10 (includes set up time) to Monday, August 14, 2024 (inclusive) Sing-A-Long Apostolic Pentecostal Church Tuesday, August 13, 2024 and Tuesday, August 20, 2024 (rain date) Movie in the Park Affiliation For Inspiring Youth Upliftment Enterprise (A.F.I.Y.U) Saturday, August 17, 2024 and Sunday August 25, 2024 (rain date) Festival of India’s Independence Indo-Canadian Cultural Association of Durham Inc. Sunday, August 18, 2024 MPP Bethlenfalvy’s Community BBQ Ontario Conservative Electoral District Association Saturday August 24, 2024 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 are 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 • hiring of site security and police officers to monitor event operations (if applicable) • operation within applicable public health guidelines Event Details/Description 1. Pickering Ribfest, a cherished annual event, has been a collaborative effort between the Rotary Clubs of Pickering and Ajax since its inception in 2008. Over the years, it has consistently grown in popularity, offering a delightful blend of stage entertainment, games, - 23 - CS 28-23 Subject: 2024 Community Festivals and Events Page 4 a carnival atmosphere, and, of course, mouthwatering food. Although the event had a brief hiatus, the Rotary Club of Pickering is now actively exploring the possibility of reviving this beloved community tradition. The Rotary Club of Pickering’s goal is to raise $80,000 for local and other Rotary initiatives such as educational bursaries, music festival, and international projects. 2. National Indigenous Peoples Day has operated successfully in Pickering since 2015, with different event names such as Big Drum Social and Aboriginal Celebration. Carea Community Health Centre has been organizing the event since 2015 and has requested a permit to host the 2024 event. The event includes booths, drumming, and dancing, and is open to local schools to attend and experience Indigenous culture. 3. The Canadian Food Truck Festival has operated successfully for the past number of years. The event brings together some of the most sought-after mobile food eateries from across the Greater Toronto Area. The Canadian Food Truck Festival has grown as a phenomenon across south central Ontario in past years expanding from one, to two, to now four locations. SickKids Foundation has been Canadian Food Truck Festivals charitable partner since the organization’s inception in 2013. To date, more than $300,000 in donations have been raised at the festival’s entrances for the Possibilities Fund, supporting the highest priority needs at SickKids. 4. The Apostolic Pentecostal Church of Pickering has been hosting Sing-A-long in Pickering at Millennium Square since 2019. Apostolic Pentecostal Church is looking at hosting multiple sing-a-long concerts in 2024 at Millennium Square, Major Oaks, and Esplanade Park. The Sing-Alongs consist of concerts, creative dance presentation and spoken word. 5. A.F.I.Y.U Enterprise first hosted a movie night in Esplanade Park in 2022 with success. The organization is a service group dedicated to providing resources and mentorship to Jamaican, Caribbean and African-Canadian boys in Durham, ages 6-16 to equip them with life skills to become successful, contributing members of society. This event includes a movie highlighting black excellence, with informational booths setup and giveaways. 6. The Indo-Canadian Cultural Association of Durham Inc. has been commemorating Festival of India’s Independence in Pickering since 2005. In 2023, the event was held at the flag in front of City Hall. The group intends to enhance the event by moving into Esplanade Park. The program will include live entertainment, vendors, food and a flag raising. 7. Community BBQ hosted by MP Peter Bethlenfalvy, has been taking place for several years pre-COVID. In 2022, the event returned to Esplanade Park. White unforeseen circumstances led to the events cancellation in 2023, the organizer hopes to host the event in 2024. The 2024 program will include free food, live entertainment and free activities. At this time, staff are requesting Council authorization to permit Esplanade Park for the above listed community events in 2024. Northern Heat Rib Series has applied to host Ribfest in Alex Robertson Park. However, due to specific event requirements, if this event were to move forward, it would need to be relocated to Esplanade Park. In parallel, the Rotary Club of Pickering has also applied to host Pickering - 24 - CS 28-23 Subject: 2024 Community Festivals and Events Page 5 Ribfest in June 2024. Section 06.02 of Community Festivals and Events Policy CUL 070 states that applications will be evaluated by the Community Events Committee to ensure a varied mix and range of activities and interests which reflect the community and to ensure the request does not duplicate existing events. Given that Northern Heat Rib Series would duplicate Pickering Ribfest, hosted by the Rotary Club of Pickering, staff do not recommend approval of the Ribfest event hosted by the Northern Heat Rib Series this year. While this organization collects donations at the event, to be provided to local charities, it is a for-profit commercial business. In the event, that Rotary Club of Pickering is not able to host the event, Northern Heat Rib Series will be reconsidered for the opportunity. Attachment: 1. None Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Krystal Roberts Sarah Douglas-Murray Acting Supervisor, Cultural Services Director, Community Services KR:cf Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 25 - Report to Executive Committee Report Number: CS 29-23 Date: November 6, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Accessibility for Ontarians with Disabilities Act -2023 Compliance Report -File: A-1440-001 Recommendation: 1. That Council endorse the City of Pickering 2023 Accessibility Compliance Report prepared by City staff and endorsed by the Accessibility Advisory Committee, as set out in Attachment 1; 2. That staff be authorized to submit the City of Pickering 2023 Accessibility Compliance Report to the Government of Ontario Ministry for Seniors and Accessibility; 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: The Accessibility for Ontarians with Disabilities Act (AODA) is a law that was enacted in 2005 that sets out a process for developing and enforcing accessibility standards. There are five accessibility standards that the City must meet in order to comply with the legislation: customer service standard; information and communications standard; transportation standard; employment standard; and the design of public spaces standard. As a designated public sector organization with one or more employees, the City of Pickering is legally required to file a 2023 accessibility compliance report by December 31, 2023. The compliance report is a checklist of 12 questions encompassing the broad range of AODA requirements for municipalities. The report was completed by Pickering’s Accessibility Coordinator following consultations with, and endorsement by, the Pickering Accessibility Advisory Committee (September 20, 2023), the Accessibility Core Staff Team (October 5, 2023) and other relevant City staff. The City is in full compliance with the requirements of the Act. Financial Implications: There are no financial implications regarding Pickering’s 2023 Accessibility Compliance Report. - 26 - CS 29-23 November 6, 2023 Subject: Accessibility for Ontarians with Disabilities Act Page 2 Discussion: The City of Pickering has a commitment to accessibility. The City has met the legislated requirements, as outlined in the compliance report in the following ways: 1. The City of Pickering has implemented written policies on how to achieve accessibility by meeting all applicable requirements for AODA. • On April 25, 2022, as per Resolution #876/22, Council approved updates to the Hiring Policy (HUR 040) and the Accessibility Policy (ADM 090) in order to achieve compliance of the AODA. The Hiring Policy was amended to include more detailed language regarding timing of the workplace response to emergencies, individual accommodation plans and return to work process. The accessibility policy was amended to include more specific language regarding who is trained, what training is included, the timing of training and record keeping. 2. The City of Pickering has established a multi-year accessibility plan. • On December 13, 2021, as per Resolution #748/21, Council approved the City of Pickering Accessibility Plan (2021 – 2025). This is the second Accessibility Plan. The first plan ran from 2016 – 2020 and was approved by Council on November 16, 2015 (Resolution #105/15). The Accessibility Plan is updated every five years and is posted on the City’s website. • In June 2023, the City of Pickering submitted an Accessibility Plan (2023 – 2027) for the Pickering Museum Village, as a requirement of the Ministry of Heritage, Sport and Culture Industries, Standards for Community Museums Program. 3. The City of Pickering provides training on the Human Rights Code as it pertains to people with disabilities. • The City of Pickering’s Orientation Policy (HUR 180) requires that employees complete training related to AODA. This includes training on the Human Rights Code as it pertains to people with disabilities. A new online and on-demand AODA training has been provided to City of Pickering staff since January 2023. Training is provided as part of new employee orientation and is recorded by the Human Resources Department once completed. 4. The City of Pickering has a process for receiving and responding to feedback that is accessible to people with disabilities and notifies the public about the availability of accessible formats and communication support. • The City of Pickering Accessibility Standards for Customer Service Procedure (ADM 090-001) outlines how the City notifies the public about accessible formats and communication supports as well as how we receive and respond to feedback. Information and Communications Standard: 5. The City of Pickering maintains a website that conforms to the World Wide Web Consortium Web Content Accessibility Guidelines 2.0 Level AA. - 27 - CS 29-23 November 6, 2023 Subject: Accessibility for Ontarians with Disabilities Act Page 3 6. The City of Pickering provides training about providing goods, services or facilities to persons with disabilities. 7. The City of Pickering provides information in an accessible format. • In December 2020, the City of Pickering coordinated Accessible Documents training for 26 staff from across the corporation. In 2020, the City of Pickering updated the City website and all public facing documents to meet Accessible Document Standards, as outlined by the Province of Ontario. Accessible Document Training is available to all staff via the City of Pickering Intranet. Customer Service Standards: 8. The City of Pickering’s Accessibility Standards for Customer Services, section 08 (ADM 090-001), outlines the process for providing customer service to a person with a disability that is accompanied by a support person. • On December 13, 2021, the Service and Support Animals Initiative Monograph was presented to City Council (Report CS 37-21, Resolution #748/21). This initiative was developed in response to feedback from local businesses looking for clarification on how to support people with disabilities and support animals. The City of Pickering launched a stakeholder survey and consultation and worked with the Ontario Ministry for Seniors and Accessibility, Aequum Global Access Inc., The Inclusive Design Research Centre of OCAD University, and a team of local stakeholders to complete the monograph. The City of Pickering launched a public awareness campaign in 2021 on best practices for providing customer service to people using support animals. Employment Standards: 9. The City of Pickering does not currently employ persons with disabilities for whom individualized emergency response information is required by the AODA. Design of Public Spaces: 10.The City of Pickering meets the general requirements as outlined in the Design of Public Spaces Standards. • In 2023, the City of Pickering reconstructed four playgrounds to be fully accessible with the addition of rubber safety surfacing, accessible walkways, site furniture, safety railings and/or fencing and play equipment that is fully compliant with AODA. The four parks are: St. Mary Park, Forestbrook Park, Progress Frenchman’s Bay East Park and Southcott Park. 11.The City of Pickering has an established Accessibility Advisory Committee (AAC) that meets as per policy ADM 040. The AAC reports to Council annually and provides advice to Council about site plans and drawings. - 28 - CS 29-23 November 6, 2023 Subject: Accessibility for Ontarians with Disabilities Act Page 4 Attachment: 1.2023 Accessibility Compliance Report for the City of Pickering to the Ministry for Seniors and Accessibility. Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Laura Gibbs Sarah Douglas-Murray Division Head, Culture and Community Director, Community Services Programming Original Signed By Timothy Higgins Accessibility Coordinator SDM:lg Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 29 - Attachment #1 to Report CS 29-23 2023 Accessibility Compliance Report for the City of Pickering to the Ministry for Seniors and Accessibility 1 ComplianceQuestion Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 1. Has your organization created and implemented written policies on how to achieve accessibility by meeting all applicable accessibility requirements in the IASR? Yes https://www.ontario.ca/laws/regulation/110191#BK3 https://www.ontario.ca/page/how -create-accessibility-plan-and-policy 2. Has your organization established and implemented a multi-year accessibility plan? (If Yes, please answer additional questions) Yes https://www.ontario.ca/laws/regulation/110191#BK4 https://www.ontario.ca/page/how -create-accessibility-plan-and- policy 2.a.Does your organization have a website? (If Yes, please answer additional questions) Yes https://www.ontario.ca/laws/regulation/110191#BK4 https://www.ontario.ca/page/how -create-accessibility-plan-and-policy 2.a.i. Is your organization’s accessibility plan posted on your organization’s website? Yes https://www.ontario.ca/laws/regulation/110191#BK4 https://www.ontario.ca/page/how -create-accessibility-plan-and-policy2.a.ii.Does your organization provide the accessibility plan in an accessible format when requested? Yes https://www.ontario.ca/laws/regulation/110191#BK4 https://www.ontario.ca/page/how -create-accessibility-plan-and-policy 2.b.Does your organization update the accessibility plan at least once every 5 years? Yes https://www.ontario.ca/laws/regulation/110191#BK4 https://www.ontario.ca/page/how -create-accessibility-plan-and- policy 3. Does your organization provide training on: The AODA Integrated Accessibility Standards Regulation? Yes https://www.ontario.ca/laws/regulation/110191#BK7 https://www.ontario.ca/page/how -train-your-staff-accessibility - 30 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 3.a. Does your organization provide training on: The Human Rights Code as it pertains to people with disabilities? Yes https://www.ontario.ca/laws/regulation/110191#BK7 https://www.ontario.ca/page/how -train-your-staff-accessibility 4. Does your organization have a process for receiving and responding to feedback that is accessible to people with disabilities? Note: This requirement is applicable regardless of whether customers are permitted on your premises (If Yes, please answer an additional question) Yes https://www.ontario.ca/laws/regulation/110191#BK1 1 https://www.ontario.ca/page/how -make-information-accessible 4.a. Does your organization notify the public about the availability of accessible formats and communication supports with respect to the feedback process? Note this requirement is applicable regardless of whether customers are permitted on your premises. Yes https://www.ontario.ca/laws/regulation/110191#BK1 1 https://www.ontario.ca/page/how -make-information-accessible 2 - 31 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 5. Does your organization have one (or more) website(s) which it controls directly or indirectly (‘controls’ means that your organization is able to add, remove and/or modify content and functionality of the website)? * (If Yes, please answer an additional question) Yes https://www.ontario.ca/laws/regulation/110191#BK1 4 https://www.ontario.ca/page/how -make-websites-accessible 5.a.Do all your organization’s internet websites conform to World Wide Web Consortium Web Content Accessibility Guidelines 2.0 Level AA (except for live captions and pre-recorded audio descriptions)? In the comments box, please list the complete names and addresses of your publicly available web content, including websites, social media pages, and apps. * Yes List from Communications to follow. https://www.ontario.ca/laws/regulation/110191#BK1 4 https://www.ontario.ca/page/how -make-websites-accessible 3 - 32 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 6. Does your organization provide training about providing goods, services or facilities to persons with disabilities to the following? • Staff and volunteers • People involved in developing accessibility policies • People providing goods, services or facilities on behalf of the organization (If Yes, please answer an additional question) Yes Yes Yes https://www.ontario.ca/laws/regulation/110191#BK1 53 https://www.ontario.ca/page/how -make-customer-service-accessible 4 - 33 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 6.a.Does the training include all of the following: * • A review of the purposes of theAODA?• A review of the purposes of the Customer Service Standards? • How to interact and communicatewith persons with various types of disability? • How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person? • How to use equipment or devices available on the provider’s premises or otherwise provided by the provider that may help with the provision of goods, services or facilities to a person with a disability? • What to do if a person with aparticular type of disability is having difficulty accessing the provider’s goods, services or facilities? Yes Yes Yes Yes Yes Yes https://www.ontario.ca/laws/regulation/110191#BK1 53 https://www.ontario.ca/page/how -make-customer-service-accessible 5 - 34 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 7. Does your organization provide information in an accessible format? * (If Yes, please answer additional questions) Yes https://www.ontario.ca/laws/regulation/110191#BK1 55 https://www.ontario.ca/page/how -make-information-accessible 7.a.Is the provision of information in accessible format done so in a timely manner that takes into account the individual’s disability? Yes https://www.ontario.ca/laws/regulation/110191#BK1 55 https://www.ontario.ca/page/how -make-information-accessible 7.b.Is the provision of information in accessible format at a cost no more than the regular cost charged to other persons Yes https://www.ontario.ca/laws/regulation/110191#BK1 55 https://www.ontario.ca/page/how -make-information-accessible 8. Does your organization ever require a person with a disability to be accompanied by a support person when on your premises? * (If Yes, please answer an additional question) Yes https://www.ontario.ca/laws/regulation/110191#BK1 51 https://www.ontario.ca/page/how -make-customer-service-accessible 6 - 35 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 8.a. Does your organization do all of the following before requiring a person with a disability to be accompanied by a support person on your premises: • Consult with the person with a disability? • Determine a support person is necessary to protect the health or safety of the person with a disability or others on premises? • Determine that there is no other way to protect the health or safety of the person with a disability or others on premises? Yes Yes Yes https://www.ontario.ca/laws/regulation/110191#BK1 51 https://www.ontario.ca/page/how -make-customer-service-accessible 9. Does your organization employ any persons with disabilities for whom you have provided individualized workplace emergency response information? * (If Yes, please answer additional questions) No https://www.ontario.ca/laws/regulation/110191#BK2 8 https://www.ontario.ca/page/how -provide-accessible-emergency- information-staff 7 - 36 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 9.a. Does your organization review the individualized workplace emergency response information for all of the following? * • When the employee moves to a different location in the organization? • When the employee’s overall accommodation needs or plans are reviewed? • When your organization reviews its general emergency policies? N/A https://www.ontario.ca/laws/regulation/110191#BK2 8 https://www.ontario.ca/page/how -provide-accessible-emergency-information-staff 9.b. Do any of the employees for whom your organization has provided individualized workplace emergency response information require assistance? * (If Yes, please answer additional questions) N/A https://www.ontario.ca/laws/regulation/110191#BK2 8 https://www.ontario.ca/page/how -provide-accessible-emergency-information-staff 9.b.i Has your organization, with the employee’s consent, provided the workplace emergency response information to the person designated to provide assistance to the employee? N/A https://www.ontario.ca/laws/regulation/110191#BK2 8 https://www.ontario.ca/page/how -provide-accessible-emergency-information-staff 8 - 37 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 9.b.ii Was the individualized workplace emergency response information provided as soon as practicable after your organization became aware of the need for accommodation due to the employee’s disability? N/A https://www.ontario.ca/laws/regulation/110191#BK2 8 https://www.ontario.ca/page/how -provide-accessible-emergency-information-staff 10. Since January 1, 2017, has your organization constructed new or redeveloped any of the following items? • Outdoor public use eating areas • Outdoor play space• Off-street parking• Service counter• Fixed queuing guides• Waiting areas (If Yes, please answer additionalquestions) Yes https://www.ontario.ca/laws/regulation/110191#BK9 1 https://www.ontario.ca/page/how -make-public-spaces-accessible 10.a.Where applicable, do the newly constructed or redeveloped items meet the general requirements as outlined in the Design of Public Spaces Standards? Yes https://www.ontario.ca/laws/regulation/110191#BK9 1 https://www.ontario.ca/page/how -make-public-spaces-accessible 9 - 38 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 10.b. Does your organization’s multi-year accessibility plan include procedures for preventative and emergency maintenance of the accessible elements in public spaces, and for dealing with temporary disruptions when accessible elements are not in working order? Yes https://www.ontario.ca/laws/regulation/110191#BK1 47 https://www.ontario.ca/page/how -make-public-spaces-accessible 11. Is your organization a municipality with population of 10,000 or more? * (If Yes, please answer additional questions) Yes https://www.ontario.ca/laws/statute/05a11#BK38 https://www.ontario.ca/page/mun icipal-accessibility-advisory-committees 11.a. Has your organization established an accessibility advisory committee as described in Section 29 of the AODA? (If yes, please answer additional questions) Yes https://www.ontario.ca/laws/statute/05a11#BK38 https://www.ontario.ca/page/mun icipal-accessibility-advisory- committees 11.a.i Is the majority of members in the committee persons with disabilities? Yes https://www.ontario.ca/laws/statute/05a11#BK38 https://www.ontario.ca/page/mun icipal-accessibility-advisory- committees 10 - 39 - Compliance Question Number Question Recommended Response Link to e-Laws URL Link to Compliance assistance URL 12. Has the committee provided advice to council about site plans and drawings (as described in Section 41 of the Planning Act) as well as advice on the requirements and implementation of accessibility standards? Yes https://www.ontario.ca/laws/statute/05a11#BK38 https://www.ontario.ca/page/mun icipal-accessibility-advisory-committees 11 - 40 - Report to Executive Committee Report Number: CS 30-23 Date: November 6, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Public Art Policy Updates -CUL 130 Public Art Policy -File: A-1440-001 Recommendation: 1.That Council endorse the revisions in CUL 130 Public Art Policy, as set out in Attachment1 to this report, subject to minor revisions acceptable to the Director, CommunityServices; 2.That Council endorse in principle the Public Art Plan 2023-2026, as set out in Attachment 3 to this report; and 3.That the appropriate City of Pickering officials be authorized to take the necessaryactions as indicated in this report. Executive Summary: CUL 130 Public Art Policy (Policy) was approved by Council through Resolution #167/19. The Policy has been reviewed by staff and updated to streamline processes for public art and align the Policy with recent practices, installations and acquisitions in public art at the City of Pickering. The Public Art Plan 2023-2026 documents the City’s existing Public Art collections and identifies priority public art projects that align with corporate priorities and planned capital projects. It was developed with input from the community, the Cultural Advisory Committee, and in collaboration with City of Pickering staff. Financial Implications: The Public Art Reserve Fund was established to provide funds for public art projects. Policy updates include a contribution of five per cent of the surplus budget toward the Public Art Reserve Fund annually, calculated from the surplus of the prior fiscal year. Discussion: Since the Public Art Policy was implemented in 2019, the City has acquired 10 new permanent artworks and over 130 temporary artworks. Permanent artworks include: •Pollinators sculptures 1 & 2 by Ron Baird, Esplanade Park (2020) - 41 - CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 2 •Spirit of Pickering sculptures Inspire, Gather, Work and Live, by Geordie Lishman, Esplanade Park (2020) •One Horse Power by Patrick Bermingham, Pickering Fire Station #1 (2023) •Reflections, by Studio F Minus, Esplanade Park (2023) •Water is Medicine, by Spruce Lab, Rotary Frenchman’s Bay West Park (2023) •On the Backs of Fish by Bluff Studios, Pickering Museum Village (2023) With input from the community, the Cultural Advisory Committee, and in collaboration with City of Pickering staff, the Public Art Plan (2023–2026) identifies priority public art projects that align with corporate priorities and planned capital projects. Results of community consultation demonstrated desire to see temporary art during events and community activations and permanent of longer-term artwork at Parks, playgrounds and along trails. Changes to the Public Art Policy reflect operating realities that include multi-year planning cycles for larger scale permanent artwork, and very short-term planning cycles for the rental or purchase of temporary artwork. Staff have made the following changes to the Public Art Policy: •In section 01.13, The Cultural Advisory Committee has been added to definitions. The definition is based on the Terms of Reference for the committee. •In sections 01.18, 01.25 and 01.26, the definitions of public art duration have beenupdated to include Permanent, Short-Term and Transitory/Temporary artworks. •In section 01.18, the duration of Permanent public art has been updated from longerthan one year to longer than five years. The City has installed several printed public artmurals and banners that have been displayed for more than a year; however, thematerials used to create these artworks have a lifespan of three years. Updating thedefinition for more than five years provides a more accurate description for permanent artworks, and also helps guide parameters in the Call to Artists around which materials would be appropriate for artworks that are expected to be durable for more than fiveyears. •Transitory / temporary Public Art, section 01.26 has been updated with a duration of one to five years. •Short-term public art has been added as a definition in section 01.25 and includes artthat is displayed from 1 day to 12 months. Short term public art has been added topublic art exclusions in section 04. In practice, short term artworks are used as feature pieces at City events, or as part of exhibitions or very short-term installations. Since thePublic Art Policy was first approved in 2019, short term artworks have been funded bysponsorship or grant funding, with short turnaround times, making it difficult toimplement short term artworks within the Policy. These short-term artworks are typically of lower value and can include rental of art. - 42 - CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 3 • In section 04 Public Art Exclusions has been moved from 08.05 to section 04. Short Term art has been added as a public art exclusion. • Removed section 04.02 which states the purpose of this Policy to be a framework for the public art program. The Public Art Plan 2023-2026 (Attachment 3) outlines opportunities for public art and the City of Pickering Cultural Strategic Plan outlines long term planning and funding frameworks. • Section 08.04 has been updated to reflect the range of staff teams from various departments that contribute to and s upport public art initiatives. “Develop agreements” has been removed as a letter of understanding has been developed by Legal Services and provides the framework for agreements between the City and Artists. • Section 07.01 which relates to the duties of the Public Art Committee, has been updated. The Public Art Committee has been removed from the Policy. In practice, since this Policy was enacted in 2019, approval for all public art has required endorsement from the public art committee and the Cultural Advisory Committee. Any artwork with a value exceeding $25,000.00 required selection from a Public Art Jury, the Public Art Committee, the Cultural Advisory Committee, and City Council. The extensive approvals process makes it difficult to approve public art in a timely manner. Multiple grant funded projects required extensions and updated contracts due to very long approval cycles. The Public Art Jury would serve in place of the Public Art Committee, removing a step in the approval process. • The Public Art Jury responsibilities have been expanded in the updated section 09.01 to replace the Public Art Committee. The Jury will evaluate and select all Permanent and Transitory / Temporary artworks. The Public Art Jury’s recommendation will be reviewed by the Cultural Advisory Committee. The composition of the Public Art Jury has been updated to provide greater range of expertise, resident members and project-specific stakeholders. Staff have been removed as voting members of the jury, providing better opportunity for community consultation on projects. The duties of the public art jury have been updated to reflect the tasks of the Jury that have been undertaken in practice by Jury since the 2019 Policy came into effect. • Section 09.02 is consistent with the 2019 Policy where the Cultural Advisory Committee reviews and endorses the recommendations made by the Public Art Jury and Public Art Committee. This section has been updated to reflect the elimination of the Public Art Committee. • Section 07.04 has been removed from the Policy. This aligns with the updated definition of short-term public art in section 01.25, where short term public art is an exception to this Policy. Exhibitions at the City of Pickering have been short-term initiatives, with a duration of less than 12 months. • Section 07.05 has been removed. The City of Pickering has not had an Artist in Residence program since the Public Art Policy came into effect in 2019, and Artist in Residence programs are not planned as part of the Public Art Action Plan; however, - 43 - CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 4 should the City decide to develop an artist in residence program, the conditions of the updated 2023 Public Art Policy would come into effect and would guide the purchase or rental of art that would be associated with that program. • Section 10.02 Donations has been updated in alignment with CUL 010 – Collections Management Policy (updated January 12, 2022), which outlines the acquisition and valuation of artifacts for the purpose of issuing a tax receipt. Requesting a cash donation from the donor for the purpose of upkeep of the artwork has been removed. • Section 10.04 has been added to provide guidance on short term public art that is recommended as exempt from this Policy. • Section 08.04 Community Art Projects has been removed from this Policy. The City does not have a Community Art program whereby applications are received from the community to complete art projects. • Section 12.01 Deleted “proponents of public art proposals are required to pre consult with Community Services staff, City Development staff and the Public Art Committee; and to present to the Council of the City of Pickering. All public art will follow the approvals process outlined in s ection 10 – Acquisition. • Section 10.02 Deleted the acquisition of public art for lands owned by other levels of government or public agencies. Lands that are owned by other levels of government or agencies, where the city has a management agreement and access to servicing those public spaces is outlined in Section 12.01. • Section 10.03 Deleted the acquisition of public art for private lands. This is outside the scope of this Policy. • Section 13 Collections Management has been updated to reflect the recommendation that short term art be exempt from this Policy. Rentals, exhibits and short-term art would not be registered in the Public Art Collection or inventoried. • Section 14.02 has been updated to clarify that only public art submissions with a value over $25,000.00 require a maintenance and conservation plan from the artist outlining the care of their artwork. This has been updated to manage the scope and scale of projects and reduce the cost to the artist in providing artworks to the City. In practice, artworks that are less than $25,000.00 are typically within the one to five y ear span and conservation work is not required. • Section 15.03 Deleted a condition of agreements and installation. Conditions are outlined in the Letter of Understanding. • Section 17.02 Deleted ‘the City will respect the artist’s right of authorship and the integrity of the public art’. This is vague and does not provide clear direction. - 44 - CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 5 • Updated Section 20 includes updates to remuneration. The City will follow the Canadian Artists Representation Fee Schedule. The Artist Contract Terms have been deleted as these conditions are outlined in the Letter of Understanding (Appendix 1). • Section 20 Pickering Public Art Interactive Map. This has been deleted as this is a communications and marketing tactic and not policy direction. • Section 23 Funding was updated to five per cent of annual surplus. An update to these sections will streamline processes for public art and align the Policy with recent practice. At this time, staff are requesting Council approval of this Policy update and endorsement in principle of the Public Art Plan (2023-2026). Attachments: 1. CUL 130 Public Art Policy – Clean Copy 2. CUL 130 Public Art Policy – Tracked Changes 3. Public Art Action Plan 2023–2026 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Laura Gibbs Sarah Douglas-Murray Division Head, Culture and Community Director, Community Services Programming Original Signed By Krystal Roberts (Acting) Supervisor, Cultural Services SDM:lg - 45 - CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 6 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 46 - Policy Procedure Title: Public Art Policy Policy NumberCUL 130 Reference Report #CS 36-19 Resolution # 167/19 Date Originated (m/d/y)November 25, 2019 Date Revised (m/d/y)November 6, 2023 Pages17 Approval: Chief Administrative Officer Point of Contact Supervisor, Cultural Services Policy Objective The City of Pickering is a vibrant community, rich in diversity, heritage, environment and the arts. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. This Policy establishes the framework for a sustainable Public Art Program that will deliver public art throughout the City that will: • create attractiveness; • promote community identity; • reflect diversity and community landscape ; • celebrate heritage; • create a sense of place and attract interest; • provide amusement, reflection and intrigue to a community, and, • be selected through an objective and professional public art selection process that has a commitment to artistic merit. The Public Art Policy and supporting Public Art Program will enhance the public realm, demonstrate the City’s support for the arts and culture sector, and provide economic benefits. Index 01 Definitions 02 Guiding Documents & Policy Context 03 Policy Statement 04 Public Art Exclusions 05 Purpose and Objectives 06 Ethics Attachment #1 to Report CS 30-23 - 47 - 07 Administration 08 City Representation 09 Selection Process 10 Acquisition 11 Selection Considerations 12 Site Selection 13 Collections Management 14 Maintenance & Conservation 15 Insurance 16 Storage 17 Deaccession & Disposal 18 Copyright and Intellectual Property 19 Artist Remuneration 20 Funding 01 Definitions 01.01 Accession – the act of recording and processing artwork to the City’s Public Art Collection. 01.02 Acquisition – obtaining ownership of public art through purchase, commission, donation, gift or bequest. 01.03 Archiving – the act of long-term storage and preservation of public art in a location owned by the City of Pickering. Archiving of public art may include storage and preservation of the original art piece, or a photographic/digital record of the original art piece. 01.04 Artist – 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. 01.05 Borrowed – refers to an artistic work that is borrowed by the City, through a loan agreement, for a defined period of time from a lender who owns and retains ownership of the artistic work. 01.06 Call to Artists – a request that outlines the scope of the Public Art that the City wishes to acquire or borrow/rent. The Call to Artists will outline aspects such as project theme, context, timeline, compensation, and location. Policy Title: Public Art Policy Page 2 of 17 Policy Number: CUL 130 - 48 - 01.07 Commissioning – the act of requesting and paying an artist to design and create a specific piece of art. 01.08 Community Art – artistic work created collaboratively between an artist and an identified community. Community members actively participate in the creation of the artistic work. The artistic process is of equal importance to the artistic product. 01.09 Community-Based Public Art – created as a result of a collaborative process between community members; which may or may not include the use of a professional, practicing artist, engaged in a collective method of art making. 01.10 Conservation – the maintenance and preservation of works of art and t heir protection from future damage and deterioration. 01.11 Copyright – the exclusive legal right to produce or reproduce, publish, print, sell, or distribute the matter and form of something or any substantial part thereof, such as literary, musical, or artistic works (e.g., drawings, paintings, photographs and sculptures). 01.12 Creative Place-Making – a practice where an artist(s) or people are inspired collectively and collaboratively to reimagine, reinvent, and shape public spaces to maximize the shared value, as the heart of the community. 01.13 Cultural Advisory Committee - The Cultural Advisory Committee (CAC) will identify opportunities for stakeholder and community engagement and provide community input on matters relating to the provision of cultural services. The CAC will assist City staff with the development, consultation, and implementation of the Cultural Strategic Plan. 01.14 Deaccession – the act of permanently removing, relocating to another jurisdiction, or disposal of artwork from the City’s Public Art Collection. 01.15 Intellectual Property – the legal right to ideas, inventions and creations in the industrial, scientific, literary and artistic fields. 01.16 Moral Rights – the artist has the right to the integrity of the work and the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous. Moral rights are non-transferable and endure even after copyright has been assigned. 01.17 Municipally Owned Public Space – includes but is not limited to parks, road allowances, tunnels, boulevards, streets, courtyards, squares and bridges, as well as building exteriors, foyers, concourses, and significant interior public areas of municipal buildings. 01.18 Permanent Public Art – an original artwork which is situated at a particular site for longer than five years. 01.19 Public Art – art developed and designed by a professional artist that is displayed on municipally-owned public space. Public art may include, but is not limited to: • sculptures; • murals; • memorials or monuments; Policy Title: Public Art Policy Page 3 of 17 Policy Number: CUL 130 - 49 - • fountains or water features that contribute aesthetically to their surroundings (not splash pads); • hard and soft landscaping components; which are not a mere extension of thelandscape/architecture; • architectural components, specialized lighting; and • Community art projects related to neighbourhood beautification. 01.20 Public Art Jury – is a group of residents, and professionals selected who evaluate and recommends artist proposals in accordance with the Artist Evaluation Criteria and Acquisition Criteria. The Public Art Jury is responsible to narrow down and/or selections for acquisition. 01.21 Professional Artist – a person who is critically recognized as an artist, they possess skill, training and/or experience in an artistic discipline, is active in and committed to their art practice, and has a history of public presentation. May also be classified as emerging, mid-career, or established. 01.22 Public Space – space available for use by the public that includes, but it is not limited to, parks, boulevards, trail systems, open spaces, waterways, roads, bridges, gateways, streetscapes, civic squares, interior and exterior public areas associated with buildings, or structures owned, operated, occupied or used by or for the City. 01.23 Restoration – the repair or renovation of artworks that have sustained injury or decay to something approaching their original undamaged appearance. 01.24 Signage – any medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction or information, identification, advertisement business promotion or the promotion of a product activity, service, or idea. 01.25 Short-Term Public Art – artwork that is temporary (1 day to 12 months) which could include a variety of mediums and can incorporate experimental public art projects. 01.26 Transitory/Temporary Public Art –artwork that is temporary (1 to 5 years), which could include a variety of mediums and can incorporate experimental public art projects. 02 Guiding Documents & Policy Context 02.01 The City of Pickering Cultural Strategic Plan (2014) sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and pr ograms. One of the Plan’s strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, including: • developing and implementing a Public Art Policy, program, and funding streams; • using art to enhance public spaces, particularly within the City Centre; • assigning a one percent contribution to public art from the capital budgets of applicable new or renovated facility and park projects; and, • establishing a Public Art Reserve Fund. Policy Title: Public Art Policy Page 4 of 17 Policy Number: CUL 130 - 50 - 02.02 The City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Specifically, the Official Plan: • promotes art in publicly-accessible and visible locations such as parks, prominent street corners, plazas and on buildings; • encourages public art in a broad range of media, themes and formats in order to engage the observer, foster civic identity and promote social interaction; and, • considers integrating public art in the early stages of the design and planning of developments. 02.03 The City Centre Urban Design Guidelines encourage permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. 02.04 The Seaton Sustainable Place-Making Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging p ublic art to be located at community core gateways. 03 Policy Statement 03.01 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 exempt from the City’s Purchasing Policy PUR 010 and must therefore be conducted in accordance with the processes outlined in this Policy. 04 Public Art Exclusions 04.01 Examples of Public Art excluded under the scope of this policy are: i. Directional elements such as graphics, signage or color coding, except wherethese elements are an integral part of the original work of art or public art project; ii. Art objects which are mass-produced of standard design such as playground equipment; iii. Landscape architecture and landscape gardening, except where theseelements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; iv. Easily movable artworks such as paintings, drawings, models and books; Policy Title: Public Art Policy Page 5 of 17 Policy Number: CUL 130 - 51 - v. Placemaking initiatives that may include interpretative signs, street light banners or graphics that may be created by an artist, where the design or, theme and overall aesthetics of the artwork is controlled by the City; and vi. Short-Term Public Art installations. 05 Purpose and Objectives 05.01 The purpose of the Public Art Policy is to: i. Establish, for the City, a standardized and transparent process for the selection, acquisition, maintenance and deaccession of Public Art; and, ii. Provide, for the City, a sustainable funding model for the management of Public Art. 05.02 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public art that is does not own, to be placed on municipally owned public space through an agreement between the City and the owner of the art. 05.03 The framework for a Public Art Program established in this Policy is intended to provide a standardized and transparent structure for these processes to include: • long-term planning; • establishing a funding framework; • creating an administrative structure; • identifying opportunities for public art; • initiating completions and a selection process; • implementing and/or assisting with pu blic art projects; and, • ongoing maintenance, management, deaccession and disposal of the public art collection. 06 Ethics 06.01 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; or, • is in direct competition with City of Pickering services, programs or initiatives. Policy Title: Public Art Policy Page 6 of 17 Policy Number: CUL 130 - 52 - 07 Administration 07.01 The Public Art Policy and Program will be administered by City of Pickering, Community Services staff in collaboration with City Development staff, the Public Art Jury, and the Council of the City of Pickering. 07.02 Any member involved in the administration of the Public Art Policy shall declare a conflict of interest, pecuniary or otherwise, and remove themselves in all cases from a juried selection process or any decision regarding the acquisition of public art in which they are involved either directly or indirectly. 08 City Representation 08.01 Council The Council of the City of Pickering to: • approve and uphold the Public Art Policy and any amendments; • approve annual Public Art funding and expenditures in the Capital and Current Budget; and, • act as an advocate for art in Public Spaces, and Private Developments in the City. 08.02 Chief Administrative Officer Chief Administrative Officer (CAO) to: • approve and uphold the Public Art policy, along with any amendments; • approve any changes to the Public Art policy, as needed; • act as an advocate for Public Art in Public Spaces, and private developments; and, • support Public Art budget through the budget process. 08.03 Director, Community Services Director Community Services to: • uphold the Public Art Policy, along with any amendments; • recommend any changes to the Public Art Policy, as needed; and, • recommend the Public Art budget annually via the Capital and/or Current Budget. 08.04 Community Services Staff The Community Services Department has the primary responsibility for administering the Public Art Policy, and will work in cooperation with all other City departments to ensure its appropriate implementation. The City Development, Capital Assets, Parks, Roads, Finance, Procurement and Engineering Services Departments have a supporting role in implementing the Public Art Policy and Program. Community Services Department staff to: Policy Title: Public Art Policy Page 7 of 17 Policy Number: CUL 130 - 53 - • oversee and implement the management, development, monitoring and evaluation of the Public Art Policy and Program; • manage the Public Art collection including acquisitions, maintenance, conservation, research, interpretation and deaccessions; • develop standards and procedures to ensure consistent implementation of the Public Art Policy and Program, • facilitate Public Art Jury meetings, circulating information, providing guidance andarrange for the recording of minutes, as may be required; • develop “call to artists” and coordinate the selection process; • establish artist selection processes, manage artist contracts, and compensation; • liaise with selected artists to oversee installation; • establish, maintain and promote Public Art opportunities in the City; • identify, prepare, and incorporate amendments to the Public Art Policy that do not have a financial impact, with approval from the CAO; • advise Council, staff and residents on the Public Art Policy and related initiatives; • develop the Public Art budget through the City’s annual budget process; and, investigate Federal, Provincial, or other sources of funding to promote and support the development of Public Art in the City. 08.05 City Development Department City Development staff to: • work with Community Services Department staff to identify appropriate locations for public art; • ensure public art is considered in the planning of new communities, development of community design guidelines, and design of corporate and community facilities; and, • encourage and secure public art funding through the review and approval of development applications. 08.06 Engineering Services Department Engineering Services staff to: • work with Community Services and City Development staff to ensure the safe and proper installation of public art on City owned property; • incorporate public art into parks, landscaping, and streetscapes; and, • ensure site lines are maintained in locating and positioning of public art on City owned and private property. An inter-department Public Art planning team will be established for ongoing long-term Public Art planning, including site selection, restorations, conservation and maintenance. This planning team will include staff representatives from: • Community Services; • City Development; and, • Engineering Services. Policy Title: Public Art Policy Page 8 of 17 Policy Number: CUL 130 - 54 - The Interdepartmental Public Art Planning team may also be comprised of the following, as appropriate: • City of Pickering Library staff; • City of Pickering Heritage Planner; and, • Representatives (e.g. department heads) from other City of Pickering departments that may be impacted by the location of a public art project. 09 Selection Process 09.01 Public Art Jury The Public Art Jury will be a formed on as-needed basis. The Public Art Jury will evaluate artist proposals and artwork donations in accordance with the Artist Evaluation Criteria in Section 9.04 and Acquisition Criteria in Section 10.0 of this Policy. The Public Art Jury is responsible to review artist submission and narrow down selections for acquisition and present the top-ranked proposals to the Cultural Advisory Committee, for final recommendation. While the ultimate objective of the Public Art Jury is to reach an unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. Appointees to a Public Art Jury may consist of: • A minimum of two resident members from the Cultural Advisory Committee. • A minimum of one professional artist or curator. • Stakeholders of the project. This may include program participants that are relatedto the project, architects, designers or consultants associated with a project, community group representation, or other relevant representatives. • A minimum of 5 and maximum of 9 people on the Jury. These members can bestakeholders in the projects, and are not required to be residents. City Staff will not be voting members of the Jury. In certain circumstances, members of a Public Art Jury with external expertise may be compensated for their time on the Public Art Jury. The Public Art Jury will: i. Evaluate and select artwork, in accordance with the Artist Evaluation Criteria in Section 9.04 and Acquisition Criteria in Section 10.0 of this Policy. ii. Advise on the development and implementation of selection, acquisition, maintenance, and deaccession of artistic works to which this Policy applies. iii. Advise and or review to the City, on proposed gifts, donations and bequests to the City in accordance with established guidelines. Policy Title: Public Art Policy Page 9 of 17 Policy Number: CUL 130 - 55 - iv. Review and put forward a recommendation to acquire for endorsement of theCultural Advisory Committee to acquire the proposal with the best marks, or put forward for community consultation. The Jury will be subject to City policies to ensure fair and equitable treatment of all participants in the process and to ensure their recommendations are without bias. Specifically, 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. All decisions made by the Public Art Jury shall be endorsed by the Cultural Advisory Committee. 09.02 The Cultural Advisory Committee will review and endorse Public Art proposals and donations recommended by the Public Art Jury. The Cultural Advisory Committee is responsible to review artist submissions and recommends public art to Council, where appropriate. 09.03 For large commissions in public spaces, the Cultural Advisory Committee may choose to provide the top-ranked selections for community comment prior to finalizing the selection process. 09.04 Artist Evaluation Criteria When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Policy and the specific aims in the project brief. The Public Art Jury (as per section 09.01) 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. 10 Acquisition Policy Title: Public Art Policy Page 10 of 17 Policy Number: CUL 130 - 56 - The City may acquire works of Public Art through purchase, commissioning, or donation. All works to be purchased, commissioned or donated will be subject to the terms and conditions of the Public Art Policy and incorporated into the Public Art Inventory. 10.01 Purchase or Commission of Public Art The process for purchasing and commissioning Public Art will be fair, transparent and will be in accordance with the City’s Purchasing Policy. Depending on the nature of the artwork, it may be secured through: • The issuance of an O pen Call where a “Call to Artists” developed and issued. A “Call to Artists” can be geared towards local, provincial, national and/or international artists, and/or art collectives and includes specific guidelines, criteria and eligibility based upon each Public Art Initiative identified by staff. An Expression of Interest (EOI) may be used to pre-qualify artists for general or specific public art projects. When an open call public art competition results in two equally weighted proposals, consideration will be given to the Ontario-based submission. • Request for Proposal (RFP) competition occurs when a select group of artists and/or collectives are invited to submit a proposal for consideration towards a specific Public Art initiative. The applicants must adhere to the guidelines and criteriaestablished by the City of Pickering. • 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. In the instance of the purchase of an existing piece of art, the Purchase must be endorsed by the Cultural Advisory Committee. An appraiser or outside expert may be consulted to determine authenticity. For large Public Art commissions, Staff may choose to provide the three top-ranked Public Art Jury selections for Community comment prior to finalizing the selection process. 10.02 Donations On occasion, the City may be offered donated works of art in the form of a bequest or a gift. When public art is acquired through donation, in accordance with the criteria established in the Income Tax Act (Canada), the City of Pickering may issue a tax receipt to the donor. The donor is responsible for meeting Government of Canada criteria to receive an income tax credit for the artwork. Independent appraisal costs will be the responsibility of the donor. Donated art must follow the City’s Financial Control Policy FIN-030 and be subject to an evaluation process based on the criteria outlined below: • information about the artwork including photographs of the artwork; maintenanceand conservation plan, including the condition of the work and any repairs needed; • site installation requirements of the artwork; • projected budget for installation and ongoing maintenance of the artwork; and Policy Title: Public Art Policy Page 11 of 17 Policy Number: CUL 130 - 57 - • legal proof of the donor’s authority to donate the work. Tax receipts may be made available upon request by the donor. For objects less than $1,000.00, an independent appraisal is not required. An original bill of sale or receipt is acceptable to use to determine value if the item was purchased within the last 12 months. Qualified Staff may provide current fair market value for objects under an estimated value of $1,000.00. Items estimated to be worth more than $1,000.00 must be independently appraised at the donor’s cost. I. The appraisal must reflect the current fair market value of the object(s). II. The appraisal must be conducted by a member of the Certified Personal Property Appraisers Guild of Canada or equivalent. III. The donor may not be the appraiser. IV. Upon transfer of ownership by signed Deed of Gift, and issuance of a tax receipt, gifts will not be returned to the donor All donations of Public Art will be subject to a review process outlined in this policy. . All donations must be reviewed by the Public Art Jury and endorsed by the Cultural Advisory Committee. All donations should be unencumbered, free and clear of conditions and restriction imposed by the donors. Donations will be evaluated against the selection criteria in 09.04 and 10.0. The City is not required to accept donations of Public Art that are offered. The individuals or organizations proposing to donate artwork will be notified of the City’s decision to accept or decline the donation. Accepted donations of Public Art will be documented, a release form signed by both the City and the donor, and the artwork insured at time of acquisition. Any documents pertaining to ownership of the donation must be transferred to the City and filed by City staff accordingly. Once accepted, the donation may be stored, exhibited, loaned, deaccessioned or disposed of at the discretion of the City. Should a donation from an Individual or Business be received for the City’s Public Art program, the donation will be deposited in the Public Art Reserve Fund. 10.03 Transitory/Temporary Public Art The City may secure on a temporary basis, through acquisition, loan or lease, works of public art for display in public spaces. All artworks to be displayed in public spaces will be evaluated in accordance with the Artist Evaluation Criteria in Section 09.04 and Acquisition Criteria in Section 10.0 of this Policy. Temporary installations of artwork will be documented, and included in the City’s inventory of public art exhibitions; listing the dates of display, and a project/artist statement. 10.04 Short-Term Public Art Policy Title: Public Art Policy Page 12 of 17 Policy Number: CUL 130 - 58 - The City may secure Short-Term Public Art installations for display in public spaces from 1 day to 12 months, through acquisition, loan or lease. These installations are exempt from Artist Evaluation Criteria in Section 09.04 and Acquisition Criteria in Section 10.0 of this Policy and may be secured by City Staff, with approval from the Director, Community Services. 11 Selection Considerations Artwork being considered for acquisition regardless of the acquisition method should 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 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 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 outline 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 12 Site Selection The selection of sites for public art shall be made by City staff using the following criteria: Policy Title: Public Art Policy Page 13 of 17 Policy Number: CUL 130 - 59 - • visibility of artworks to the public; • distribution of projects across the City; • community benefit; • geographic justification; • quality, scale and character of the public art are suitable for the location andaudience; • environmental conditions, site servicing and safety; and, • does not interfere with existing or proposed artwork, buildings or structures invicinity. Public art may be installed in the following areas, as required and as pieces become available: • public areas in municipally owned, leased or managed spaces including community centres, municipal facilities, museum, library, parks, roads, sidewalks and public spaces. 12.01 On Lands Owned an d Managed by the City of Pickering Installation of Public Art is encouraged in public spaces owned by the City of Pickering; and in public areas of City of Pickering owned office buildings, community centres, and libraries. Proposals for Public Art installations by the private sector or other public agencies on infrastructure (e.g. roads, bridges, buildings, etc.) or land owned by the City of Pickering must adhere to the City of Pickering Public Art Policy and all other relevant City policies, by-laws, standards, and procedures. Easements may be provided to the City for purposes of installation and maintenance of City-owned Public Art. 13 Collections Management 13.01 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall 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. 13.02 Accessioning/Registry/Inventory: The City shall document all works in the Public Art Collection and maintain a registry/inventory of the Public Art Collection; which shall be made available to the public. 14 Maintenance & Conservation 14.01 It is the responsibility of the City to maintain all permanent works of art within the Public Art Collection in accordance with the approved maintenance plan and/or conservation plan required for each piece. Policy Title: Public Art Policy Page 14 of 17 Policy Number: CUL 130 - 60 - 14.02 All public art submissions valued over $25,000 m ust include a maintenance and/or conservation plan f rom the artist outlining care of the artwork. The maintenance and conservation plan template is included in Appendix 2. 15 Insurance 15.01 All artistic works owned by the City through purchase, commission and/or donation are the property of the City of Pickering and are insured under the City’s Insurance Policy. 15.02 For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage or vandalism. In addition, the Artist will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). 16 Storage 16.01 When storage of Public Art, whether short-term or long-term, is required, the City will ensure that such storage meets appropriate standards. Whenever possible, existing City and community resources will be used for the storage and management of the City’s Owned Public Art. 17 Agreements & Installation 17.01 The Artist will enter into a written agreement with the City of Pickering in the form of the Letter of Understanding (Appendix 1). This agreement will address the Artist’s obligations, which include, but are not limited to: • Materials • Timelines • Installation • Maintenance and conservation plans • Fabrication schedule 17.02 The Artist is responsible for the installation of the artwork. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired artworks will be reported upon receipt, and any problems found will be referred to the artist for resolution. 18 Deaccession & Disposal 18.01 The City may deaccession and/or dispose of Public Art when necessary. All reasonable efforts will first be made to resolve problems or re-site the Public Art, in consultation with the Artist and/or donor, where appropriate. Public art may be deaccessioned and/or disposed of under any of the following situations: • endangerment of public safety; Policy Title: Public Art Policy Page 15 of 17 Policy Number: CUL 130 - 61 - • excessive repair or maintenance; • irreparable damage; • inaccessibility; • site redevelopment; • art is no longer relevant ; • works that endanger public safety; • possibility of upgrading through exchange; • no appropriate location for exhibition of work; • copies, forgery or reproductions lacking authenticity or archival value; • the public art is no longer relevant to the City’s Public Art Collection, or • the public art is discovered to have been stolen, or was offered to the City for acquisition using fraudulent means. 18.02 The City of Pickering will be responsible for preparing a report providing the justification for recommending deaccessioning of the artwork, to be endorsed by the Cultural Advisory Committee and received as correspondence by Council, as appropriate. 18.03 In the event of accidental loss, theft or vandalism, the City retains the right to determine whether replacement or deaccessioning of the artwork is appropriate. 18.04 The deaccessioned art may be moved, sold, returned to the artist or destroyed, with any monies received through the sale of the artwork being placed i n the Public Art Reserve Fund. 19 Copyright and Intellectual Property 19.01 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. 19.02 Copyright of the artwork shall remain with the Artist unless the City has acquired the copyright in full from the Artist or has an agreement in writing for limited usage. 19.03 Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work developed. Following best practice in North A merican 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. 19.04 In cases where the artist is not contracted directly to the City, but is a sub-contractor (e.g. for integrated artworks or artist on a design team) or for developer-provision of public art, the City shall stipulate that the contract must include terms related to intellectual property rights, ownership, and maintenance obligations, as appropriate. 20 Artist Remuneration 20.01 Artists shall be fairly compensated for their time and work. Compensation shall be determined on a case by case basis, adhere to the Canadian Artists Representation Policy Title: Public Art Policy Page 16 of 17 Policy Number: CUL 130 - 62 - (CARFAC) and adhere to the Canadian Artist Representation, RAAV Minimum recommended Fee Schedule. 21 Community Engagement & Awareness 21.01 The City will be responsible for ensuring there is an opportunity for community input and involvement in public art and expanding the level of knowledge of the City’s Public Art Collection in the community. 21.02 City staff will be responsible for ensuring the community is aware of any public art installations or deaccessioning in public spaces. When appropriate, the community will be asked to comment on the selection of a commissioned work or official unveilings will be undertaken in order to allow residents to take part in celebrating new additions to the Public Art Collection. 22 Public Art Development by the Private Sector 22.01 The City actively encourages private sector applicants to include public art in development projects through the Site Plan application process. The provision of public art will be secured through a Site Plan Control Agreement that will be registered against the title of the lands. 23 Funding 23.01 Public Art may be funded through the following methods: i. Public Art Reserve Fund 24 Five percent of annual surplus i. Grants ii. Community Benefit Charge iii. Sponsorship iv. Donations Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendix 1. Letter of Understanding 2. Maintenance and Conservation Template for Public Art Policy Title: Public Art Policy Page 17 of 17 Policy Number: CUL 130 - 63 - Letter of Understanding Public Artwork Agreement This agreement made the Day/Month/Year BETWEEN: Artist Name (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 artwork creation and installation of the artwork for the <PROJECT TITLE> 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 <DATE> 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 <PROJECT TITLE> public art project is operated and administered by the City. The City issued a call to artists for Expressions of Interest dated <DATE>, with respect to the Esplanade Park Phase 2 project. Applications were due April 1, 2022. <SELECTION PROCESS DETAILS> The public art concepts were selected by a specially convened independent Public Art Jury, made up of visual arts professionals, community representatives, and City staff. The Artist submitted a proposal dated M, D, Y, (“the Proposal”), a copy of which is attached as Schedule “A” to this Agreement. The Artist has been selected by the City to create, manufacture and install or deliver to the site, as required for the different components, the Artwork titled ___________ in accordance with the Conceptual Design, the Terms of Reference and the terms and conditions of this 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 <LOCATION>, more specifically located as shown on the attached drawing Schedule “B” 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<PRICE> CAD, inclusive of all applicable federal and provincial taxes including HST. Appendix 1 - 64 - Letter of Understanding Public Artwork Agreement 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)H.S.T. shall be enumerated as a separate item on each staged and scheduled paymentpursuant to this Article. Payment shall be structured in a payment schedule to the Artist as follows: <PAYMENT SCHEUDLE> 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 engagedby 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 classquality and expressive of the approved design as detailed in Schedule “A” attached hereto;c)to use first class skills, diligence and workmanship as are normally found in the artisticprofession, and ensure that all materials incorporated into the Artwork are of the utmost quality and design in accordance with Schedule “A”; 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 <DATE> “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 theproduction of the Artwork. If required by the City, the Artist shall allow representatives of the Cityto 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 ;e)to provide to the City photographs of the Artwork during and after installation in accordance withSchedule “C”. The City agrees: - 65 - Letter of Understanding Public Artwork Agreement a)to ensure that should the A rtist require direction in any regard to the design, fabrication or installation of the Artwork, the City shall provide such direction i n 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 shallfacilitate 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 designand 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’stheme, budget, critical path, location, size, materials, structural, mechanical and technologicalrequirements, installation methods, and future maintenance requirements, to be determined bythe Artist in consultation with the Coordinator, Public Art; b)Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of priorwritten authorization by the Manager, Cultural Services provided however, that the City’sobjection to any feature of the Artwork which is reasonably attributable to the exercise of theArtist’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 andinstallation 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 themanufacture 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 andinstallation of the Artwork including the cost of any site preparations or safety precautions thatare 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 defectsand in compliance with the specifications as outlined in Schedule “A” attached hereto;c)The Artist shall coordinate the installation of the Artwork with the Coordinator, Public Art andpermit such inspections of the installation as the City may require. If any costs result from the - 66 - Letter of Understanding Public Artwork Agreement 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; 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 torectify 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. 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 makereasonable efforts to inform the Artist of such damage and to offer the Artist the opportunity toconsult 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 willadvise 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 arisingfrom 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 - 67 - Letter of Understanding Public Artwork Agreement 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. 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 theCity. 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 theconservation and maintenance plan to be approved by the City and that will be pr ovided by theArtist. 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 Esplanade Park. 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 insurancecoverage. 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 theCompany, 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. - 68 - Letter of Understanding Public Artwork Agreement 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 berecovered 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 andassigns. 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 installationof 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 relievethe Artist in any manner from any liability to the City, whether such liability arises under this Agreement or otherwise. 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 Healthand 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 definedin the OHSA) of any workers employed or engaged by the Artist either instead of or jointly withthe Artist. 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 - 69 - Letter of Understanding Public Artwork Agreement 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 m ade and that the City will not be liable to the Board for future payments in connection with the Company’s completion of the project. c) That a Company deemed to be an Independent Operator by the Workplace Safety & InsuranceBoard 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 performanceof 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 thepayment schedule and reimburse the Artist for the demonstrable, reasonable actual costs tothe 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 toterminate 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 inaccordance 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 - 70 - Letter of Understanding Public Artwork Agreement 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 maybe 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 deliveredto 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 promotionand 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 proportionof the percent of the Artwork completed to that date as determined by the City and shall be - 71 - Letter of Understanding Public Artwork Agreement permitted to complete the Artwork in a manner generally consistent with the or iginal 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 beresolved 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 amediator 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. 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 XXX. To the Artist at: Address Email website Or to such other address or person as the parties may designate to each other in writing. - 72 - 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 _____________ _______________ Sarah Douglas Murray, Director of Community Services – Date City of Pickering - 73 - Letter of Understanding Public Artwork Agreement GENERAL Schedule A: The Artwork (Artist’s Concept proposal document attached) Schedule B: Place of Installation Schedule C: Detailed Fabrication Schedule Schedule D: Terms of Reference - 74 - 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 – XXXX • Agreement signed by all parties • Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 - To be completed by XXXX, to the satisfaction of the City This phase will include the following Client approvals: • Preliminary Drawings of all components and connections • Preliminary fabrication schedule and Pricing Phase 3 - To be completed by XXXX to the satisfaction of the City • Final design and pricing • Preliminary engineer review This phase will include the following Client approvals: • Design drawings, including all components and connections. Phase 4 - To be completed by XXXX to the satisfaction of the City • Completion of detail design. This phase will include: • Final sign-off of shop drawings for production • Shipping & installation plan completed, in cooperation with the XXXX and other relevant contractors, and to the satisfaction of the City. Phase 5 - To be completed by XXXX to the satisfaction of the City. - 75 - Letter of Understanding Public Artwork Agreement • Complete off-site fabrication of Artwork and all its components, to the satisfaction of the City. All permits and approvals acquired. Phase 6 – To be completed by XXXX to the satisfaction of the City. • Complete on-site installation of the Artwork and all its components, to the satisfaction of the City. • Delivery of maintenance manual, including Photographic documentation, Artist statement, Biography • Final acceptance of Artwork to the satisfaction of the City. - 76 - Public Art Maintenance and Conservation Plan Artworks over $25,000 must include a maintenance and/or conservation plan from the artist outlining care of the artwork Please use this document as template. Maintenance and Year, Dimensions Artist Title Value Location Conservation and Material Plan For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of Insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage, or vandalism. In addition, The Artist, will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). 1 Appendix 2 - 77 - Policy Procedure Title: Public Art Policy Policy Number CUL 130 Reference Report #CS 36-19 Resolution # 167/19 Date Originated (m/d/y) November 25, 2019 Date Revised (m/d/y) September October 1025, 2023 Pages 2117 Approval: Chief Administrative Officer Point of Contact Supervisor, Cultural Services Policy Objective The City of Pickering is a vibrant community, rich in diversity, heritage, environment and the arts. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. This Policy establishes the framework for a sustainable Public Art Program that will deliver public art throughout the City that will: create attractiveness; promote community identity; reflect diversity and community landscape ; celebrate heritage; create a sense of place and attract interest;provide amusement, reflection and intrigue to a community, and, be selected through an objective and professional public art selection process that has a commitment to artistic merit. The Public Art Policy and supporting Public Art Program will enhance the public realm, demonstrate the City’s support for the arts and culture sector, and provide economic benefits. Index 01 Definitions 02 Guiding Documents & Policy Context 03 Policy Statement 04 Public Art Exclusions 05 Purpose and Objectives 0406 Ethics Attachment #2 to Report CS 30-23 - 78 - 0507 Administration 0608 City Representation 0709 Selection Process 0810 Acquisition 0911 Selection Considerations 1012 Site Selection 1113 Collections Management 1214 Maintenance & Conservation 1315 Insurance 1416 Storage 15 Agreements & Installation 1617 Deaccession & Disposal 1718 Copyright and Intellectual Property 1819 Artist Remuneration 19 Community Engagement & Awareness 20 Pickering Public Art Interactive Map 21 Public Art Development by the Private Sector 2220 Funding 01 Definitions 01.01 Accession – the act of recording and processing artwork to the City’s Public Art Collection. 01.02 Acquisition – obtaining ownership of public art through purchase, commission, donation, gift or bequest. 01.03 Archiving – the act of long-term storage and preservation of public art in a location owned by the City of Pickering. Archiving of public art may include storage and preservation of the original art piece, or a photographic/digital record of the original art piece. 01.04 Artist – 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. Policy Title: Public Art Policy Page 2 of 25 Policy Number: CUL 130 - 79 - 01.05 Borrowed – refers to an artistic work that is borrowed by the City, through a loan agreement, for a defined period of time from a lender who owns and retains ownership of the artistic work. 01.06 Call to Artists – a request for proposal that outlines the scope of the Public Art that the City wishes to acquire or borrow/rent. The Call to Artists will outline aspects such as project theme, context, timeline, compensation, and location. 01.07 Commissioning – the act of requesting and paying an artist to design and create a specific piece of art. 01.08 Community Art – artistic work created collaboratively between an artist and an identified community. Community members actively participate in the creation of the artistic work. The artistic process is of equal importance to the artistic product. 01.09 Community-Based Public Art – created as a result of a collaborative process between community members; which may or may not include the use of a professional, practicing artist, engaged in a collective method of art making. 01.10 Conservation – the maintenance and preservation of works of art and their protection from future damage and deterioration. 01.11 Copyright – the exclusive legal right to produce or reproduce, publish, print, sell, or distribute the matter and form of something or any substantial part thereof, such as literary, musical, or artistic works (e.g., drawings, paintings, photographs and sculptures). 01.12 Creative Place-Making – a practice where an artist(s) or people are inspired collectively and collaboratively to reimagine, reinvent, and shape public spaces to maximize the shared value, as the heart of the community. 01.1201.13 Cultural Advisory Committee - The Cultural Advisory Committee (CAC) will identify opportunities for stakeholder and community engagement and provide community input on matters relating to the provision of cultural services. The CAC will assist City staff with the development, consultation, and implementation of the Cultural Strategic Plan. The CAC will also review and recommend actions based on the Public Art Policy 01.1301.14 Deaccession – the act of permanently removing, relocating to another jurisdiction, or disposal of artwork from the City’s Public Art Collection. 01.1401.15 Intellectual Property – the legal right to ideas, inventions and creations in the industrial, scientific, literary and artistic fields. 01.1501.16 Moral Rights – the artist has the right to the integrity of the work and the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous. Moral rights are non- transferable and endure even after copyright has been assigned. 01.1601.17 Municipally Owned Public Space – includes but is not limited to parks, road allowances, tunnels, boulevards, streets, courtyards, squares and bridges, as well as Policy Title: Public Art Policy Page 3 of 25 Policy Number: CUL 130 - 80 - building exteriors, foyers, concourses, and significant interior public areas of municipal buildings. 01.1701.18 Permanent Public Art – an original artwork which is situated at a particular site for longer than one year.five years. 01.1801.19 Public Art – art developed and designed by a professional artist that is displayed on municipally-owned public space. Public art may include, but is not limited to: sculptures; murals;memorials or monuments; fountains or water features that contribute aesthetically to their surroundings (not splash pads); hard and soft landscaping components; which are not a mere extension of the landscape/architecture; architectural components, specialized lighting; and Community art projects related to neighbourhood beautification. 01.19 Public Art Committee – is responsible for working with Community Services staff to provide advice and expertise; build public awareness and support for public art; and, identify eligible Public Art Jury members, when required. 01.20 Public Art Jury – is a group of residents, and professionals and staff selected who evaluate and recommends artist proposals in accordance with the Artist Evaluation Criteria and Acquisition Criteria. The Public Art Jury is responsible to narrow down and/or selections for acquisition. 01.21 Professional Artist – a person who is critically recognized as an artist, they possess skill, training and/or experience in an artistic discipline, is active in and committed to their art practice, and has a history of public presentation. May also be classified as emerging, mid-career, or established. 01.22 Public Space – space available for use by the public that includes, but it is not limited to, parks, boulevards, trail systems, open spaces, waterways, roads, bridges, gateways, streetscapes, civic squares, interior and exterior public areas associated with buildings, or structures owned, operated, occupied or used by or for the City. 01.23 Restoration – the repair or renovation of artworks that have sustained injury or decay to something approaching their original undamaged appearance. 01.24 Signage – any medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction or information, identification, advertisement business promotion or the promotion of a product activity, service, or idea. 01.2401.25 Short-Term Public Art – artwork that is temporary (1 day to 12 months) which could include a variety of mediums and can incorporate experimental public art projects. Policy Title: Public Art Policy Page 4 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.5" Formatted: Font: Bold - 81 - 01.2501.26 Transitory/Temporary Public Art – an original artwork that are is temporary (1 to 5 years), which could include a variety of mediums and can incorporate experimental public art projects. 02 Guiding Documents & Policy Context 02.01 The City of Pickering Cultural Strategic Plan (2014) sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and programs. One of the Plan’s strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, including: developing and implementing a Public Art Policy, program, and funding formulastreams; using art to enhance public spaces, particularly within the City Centre;assigning a one percent contribution to public art from the capital budgets of applicable new or renovated facility and park projects; and, establishing a Public Art Reserve Fund. 02.02 The City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Specifically, the Official Plan: Formatted: Indent: Left: 0.5", Hanging: 0.25", Tab stops: Not at 0.5" Formatted: Indent: Left: 0.5", Tab stops: Not at 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.25", Tab stops: Not at 0.5" Formatted: Indent: Left: 0.5"promotes art in publicly-accessible and visible locations such as parks, prominent street corners, plazas and on buildings; encourages public art in a broad range of media, themes and formats in order to engage the observer, foster civic identity and promote social interaction; and,considers integrating public art in the early stages of the design and planning of developments. 02.03 The City Centre Urban Design Guidelines encourage permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. 02.04 The Seaton Sustainable Place-Making Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging public art to be located at community core gateways. 03 Policy Statement 03.01 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 exempt from the City’s Purchasing Policy PUR 010 and must therefore be conducted in accordance with the processes outlined in this Policy. Policy Title: Public Art Policy Page 5 of 25 Policy Number: CUL 130 - 82 - 04 Public Art Exclusions 04.01 Examples of Public Art excluded under the scope of this policy are: i.Directional elements such as graphics, signage or color coding, except where these elements are an integral part of the original work of art or public art project; ii.Art objects which are mass-produced of standard design such as playground equipment; iii.Landscape architecture and landscape gardening, except where these elements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; iv.Easily movable artworks such as paintings, drawings, models and books; v.Placemaking initiatives that may include interpretative signs, street light banners or graphics that may be created by an artist, where the design or, theme and overall aesthetics of the artwork is controlled by the City; and 03.01vi. Short-Term Public Art installations. 0405 Purpose and Objectives 04.0105.01 The purpose of the Public Art Policy is to: Formatted: List, Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0.2", Hanging: 0.25" Formatted i.Establish, for the City, a standardized and transparent process for the selection, acquisition, maintenance and deaccession of Public Art; and, ii.Provide, for the City, a sustainable funding model for the management of Public Art. 05.02 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public art that is does not own, to be placed on municipally owned public space through an agreement between the City and the owner of the art. 04.02 The framework for a Public Art Program established in this Policy is intended to provide a standardized and transparent structure for these processes to include: long-term planning; establishing a funding framework; creating an administrative structure; identifying opportunities for public art;initiating completions and a selection process; implementing and/or assisting with public art projects; and, ongoing maintenance, management, deaccession and disposal of the public art collection. Formatted: Space After: 12 pt Formatted: Space After: 0 pt Formatted: Space After: 0 pt 04.03 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public art that it does not own, to be placed on Formatted: Highlight Policy Title: Public Art Policy Page 6 of 25 Policy Number: CUL 130 - 83 - municipally owned public space through an agreement between the City and the owner of public art. 06 Ethics 06.01 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; or, is in direct competition with City of Pickering services, programs or initiatives. 0507 Administration 05.0107.01 The Public Art Policy and Program will be administered by City of Pickering, Community Services staff in collaboration with City Development staff, the Public Art Committee, the Public Art Jury, and the Council of the City of Pickering. 05.0207.02 Any member involved in the administration of the Public Art Policy and Program shall declare a conflict of interest, pecuniary or otherwise, and remove themselves in all cases from a juried selection process or any decision regarding the acquisition of public art in which they are involved either directly or indirectly. 0608 City Representation 06.0108.01 Council The Council of the City of Pickering is responsible to: approve and uphold the Public Art Policy and any amendments; approve annual Public Art funding and expenditures in the Capital and Current Budget; and,act as an advocate for art in Public Spaces, and Private Developments in the City. 06.0208.02 Chief Administrative Officer Chief Administrative Officer (CAO) to: approve and uphold the Public Art policy, along with any amendments; approve any changes to the Public Art policy, as needed; act as an advocate for Public Art in Public Spaces, and private developments; and, support Public Art budget through the budget process. Commented [LG1]: I don’t think we can justify removing this – added it back in. Formatted: Highlight Formatted: Indent: Left: 0.25", Space After: 0 pt, No bullets or numbering Formatted: List, Indent: Left: 0", First line: 0" Formatted: List 2, Indent: Hanging: 0.56" Formatted: Indent: Left: 0.44", Hanging: 0.31", Tab stops: Not at 0.25" Formatted: Keep with next Formatted: Indent: Left: 0.44", Hanging: 0.31" Formatted: Indent: Left: 0.44", Hanging: 0.31" Policy Title: Public Art Policy Page 7 of 25 Policy Number: CUL 130 - 84 - 06.0308.03 Director, Community Services Director Community Services to: uphold the Public Art Policy, along with any amendments; recommend any changes to the Public Art Policy, as needed; and, recommend the Public Art budget annually via the Community Services Department Capital and/or Current Budget. 06.0408.04 Community Services Staff The Community Services Department has the primary responsibility for administering the Public Art Policy and Program, and will work in cooperation with all other City departments to ensure its appropriate implementation. The City Development, Capital Assets, Parks, Roads, Finance, Procurement and Engineering Services Departments have a supporting role in implementing the Public Art Policy and Program. Community Services Department staff are responsible to: oversee and implement the management, development, monitoring and evaluation of the Public Art Policy and Program; manage the Public Art collection including acquisitions, maintenance, conservation, research, interpretation and deaccessions; develop standards and procedures to ensure consistent implementation of the Public Art Policy and Program, identify, approve appointments and establish the Public Art Committee; work with the Public Art Committee to identify Public Art priorities, locations and initiatives (i.e. Public Art Work Plan); facilitate regular Public Art Committee meetings, circulating information, providing guidance and arrange for the recording of minutes; facilitate Public Art Jury meetings, circulating information, providing guidance and arrange for the recording of minutes, as may be required; develop “call to artists” and coordinate the selection process; establish artist selection processes, manage artist contracts, and compensation;liaise with selected artists to oversee installation and develop agreements; develop promotional and marketing initiatives to community Public Art activities; establish, maintain and promote the Public Art public inventoryopportunities in the City; identify, prepare, and incorporate amendments to the Public Art Policy and Program that do not have a financial impact, with approval from the CAO; advise Council, staff and residents on the Public Art Policy and related initiatives; develop the Public Art budget through the City’s annual budget process; and, investigate Federal, Provincial, or other sources of funding to promote and support the development of Public Art in the City. Policy Title: Public Art Policy Page 8 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.44", Hanging: 0.31" Formatted: Indent: Left: 0.44", Hanging: 0.31" - 85 - Community Services; City Development; and, Engineering Services. 06.08 The Interdepartmental Public Art Planning team may also be comprised of the following, as appropriate: City of Pickering Library staff; City of Pickering Heritage Planner; and,Representatives (e.g. department heads) from other City of Pickering departments that may be impacted by the location of a public art project. 0709 Selection Process 07.0109.01 Public Art CommitteeJury The Public Art Committee Jury will be a standing sub-committeejury for a term of 2 years Formatted: Normal, Indent: Left: 0" Formatted: Indent: Left: 0.44", Hanging: 0.31" 06.0508.05 City Development Department City Development staff to: work with Community Services Department staff to identify appropriate locations for public art; ensure public art is considered in the planning of new communities, development of community design guidelines, and design of corporate and community facilities; and, encourage and secure public art funding through the review and approval of development applications. 06.0608.06 Engineering Services Department Engineering Services staff to: Formatted: Indent: Left: 0.44", Hanging: 0.31"work with Community Services and City Development staff to ensure the safe and proper installation of public art on City owned property; incorporate public art into parks, landscaping, and streetscapes; and, ensure site lines are maintained in locating and positioning of public art on City owned and private property. 06.07 An inter-department Public Art planning team will be established to work in conjunction with the Public Art Committee for selection of artistic works and for ongoing long-term Public Art planning, including site selection, restorations, conservation and maintenance. This planning team will include staff representatives from: Formatted: Indent: Left: 0.44", Hanging: 0.31" Formatted: Indent: Left: 0.44", Hanging: 0.31" formed on as-needed basis (coincidinge with of the City’s Cultural Advisory Committee). Formatted: Indent: Hanging: 0.63", Keep with next Formatted: Not Highlight The Public Art Jury will evaluate artist proposals and artwork donations in accordance with the Artist Evaluation Criteria in Section 9.04 and Acquisition Criteria in Section 10.0 of this Policy Title: Public Art Policy Page 9 of 25 Policy Number: CUL 130 Formatted: Space After: 12 pt Formatted: Highlight Formatted: Highlight - 86 - Policy. The Public Art Jury is responsible to review artist submission and narrow down selections for acquisition and present the top-ranked proposals to the Cultural Advisory Committee, for final recommendation. The Public Art Committee shall be comprised of seven members from the community selected by the Cultural Advisory Committee. Three members will be from the Cultural Advisory Committee itself. The other four members will not be members of the Cultural Advisory Committee, but will have professional experience related to at least one of the following disciplines; urban planning or development, landscape architecture, architecture, visual, literary or performing arts, art history, art administration or education, curation, visual arts consulting, civil engineering, art review/writing, or heritage research and planning. All members of the Public Art Committee shall be residents of Pickering and will demonstrate a significant knowledge of arts and culture. While the ultimate objective of the Public Art Jury is to reach an unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. Appointees to a Public Art Jury may consist of: A minimum of two residents A minimum of two resident members from the Cultural Advisory Committee.A minimum of one professional artist or curator Stakeholders of the project. This may include program participants that are related to the project, architects, designers or consultants associated with a project, community group representation, or other relevant representatives. A minimum of 5 and maximum of 9 people on the Jury. These members can be stakeholders in the projects, and are not required to be residents. City Staff will not be voting members of the Jury. In certain circumstances, members of a Public Art Jury with external expertise may be compensated for their time on the Public Art Jury. Commented [LG2]: It says above would be fixed for two years. Formatted: Indent: Left: 0.44" Formatted: Indent: Left: -0.38" Formatted: Indent: Left: 0.19" Formatted: Highlight Formatted: Highlight The Public Art Committee Jury will: i.Advise on the implementation of the Public Art Policy through the Cultural Advisory Committee. ii.Review proposed project scope and terms of reference for each new Public Art project. iii.i. Evaluate and select artwork, under $25,000 in value, in accordance with the Artist Evaluation Criteria in Section 7.9.043 and Acquisition Criteria in Section 6.010.0 of this Policy. iv.Ensure application of established procedures and guidelines for each selection process. v.Advise and promote communication and outreach of this Policy to the community. Policy Title: Public Art Policy Page 10 of 25 Policy Number: CUL 130 - 87 - vi.ii. Advise on the development and implementation of selection, acquisition, maintenance, and deaccession of artistic works to which this Policy applies. vii.iii. Advise and or review and recommend to the City, through the Cultural Advisory Committee, on proposed gifts, donations and bequests to the City in accordance with established guidelines. viii.iv. Review the results of the Public Art Jury, and put forward a recommendation to acquire for endorsement of the Cultural Advisory Committee to acquire the proposal with the best marks, or put forward for community consultation. The Committee Jury will be subject to City policies to ensure fair and equitable treatment of all participants in the process and to ensure their recommendations are without bias. Specifically, 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. All decisions made by the Public Art Jury Committee shall be endorsed by the Cultural Advisory Committee. 07.02 Public Art Jury A Public Art Jury must be established for each acquisition of $25,000 and over in value, and may also be established for works of a lesser amount at the discretion of the Public Art Committee. The Public Art Jury will be organized on a case by case, and project by project basis. The Public Art Jury will evaluate artist proposals in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of this Policy. The Public Art Jury is responsible to narrow down selections for acquisition and present the three top- ranked proposals to the Public Art Committee, for final recommendation to the Cultural Advisory Committee. Dependant on the impact the public art will have on the community, the three top-ranked proposals may be presented for community consultation. While the ultimate objective of the Public Art Jury is to reach an unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. 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. Policy Title: Public Art Policy Page 11 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.44", Hanging: 0.25" - 88 - 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. In certain circumstances, members of a Public Art Jury with external expertise (e.g. professional architect or professional artist) may be compensated for their time on the Public Art Jury. 09.02 The Cultural Advisory Committee will review and endorse Public Art proposals and donations recommended by the Public Art Jury. The Cultural Advisory Committee is responsible to review artist submissions and recommends public art to Council, where appropriate. 09.03 For large commissions in public spaces, the Cultural Advisory Committee may choose to provide the top-ranked selections for community comment prior to finalizing the selection process. 07.0309.04 Artist Evaluation Criteria When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Art Jury (as per Program Policy and the specific aims in the project brief. The Public section 07.0209.01) 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. 07.04 Exhibitions The City of Pickering will host exhibitions of art in community facilities by: professional artists whose work is relevant to the community;Pickering artists, or artists whose work is Pickering based; artists that are members of a Pickering-based arts organization; and, City staff or their immediate family members. The City of Pickering will create and facilitate opportunities for local businesses to display public art and/or undertake temporary art exhibitions. The content of art exhibitions is at the discretion of Community Services staff and must be suitable for viewing by all ages. 07.05 Artist in Residence Formatted: Indent: Left: 0.2", Hanging: 0.25", No bullets or numbering Formatted: Indent: Left: 0.19" Formatted: Highlight Formatted: Indent: Left: 0.44", Hanging: 0.25" Policy Title: Public Art Policy Page 12 of 25 Policy Number: CUL 130 - 89 - The City of Pickering will provide opportunities for an Artist in Residence program, provided that: funding exists through a grant or approved budget;the residency is of mutual benefit to the City and the Artist(s); a portion of the works created will remain in the City Collection; and, artists are properly compensated for their work, space and accommodation. An Artist in Residence will work in partnership with the City and interested external organizations, and agencies. 0810 Acquisition The City may acquire works of Public Art art through purchase, commissioning, or donation, or creation of community arts projects. All works to be purchased, commissioned or donated will be subject to the terms and conditions of the Public Art Policy and incorporated into the Public Art Inventory. 08.0110.01 Purchase or Commission of Public Art The process for purchasing and commissioning Public Art art will be fair, and transparent and will be in accordance with the City’s Purchasing Policy. Depending on the nature of the artwork, it may be secured through: The issuance of an Open Call . This type of competition is the preferred method which seeswhere a “Call to Artists” developed and issued. A “Call to Artists” can be geared towards local, provincial, national and/or international artists, and/or art collectives and includes specific guidelines, criteria and eligibility based upon each Public Art Initiative identified by Cultural Services staff. An Expression of Interest (EOI) may be used to pre-qualify artists for general or specific public art projects. When an open call public art competition results in two equally weighted proposals, consideration will be given to the local/CanadianOntario-based submission. Request for Proposal (RFP) competition occurs when a select group of artists and/or collectives are invited to submit a proposal for consideration towards a specific Public Art initiative. The applicants must adhere to the guidelines and criteria established by the City of Pickering. 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. In the instance of the purchase of an existing piece of art, the Purchase must be endorsed by the Cultural Advisory Committee.an An appraiser or outside expert may be called consulted in to determine authenticity. For large Public Art commissions in public spaces, the Public Art CommitteeStaff may choose to provide the three top-ranked Public Art Jury selections for Community comment prior to finalizing the selection process. Policy Title: Public Art Policy Page 13 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.38" Formatted: Indent: Left: 0.38", Hanging: 0.31" - 90 - 08.0210.02 Donations On occasion, the City may be offered donated works of art in the form of a bequest or a gift. When public art is acquired through donation, in accordance with the criteria established in the Income Tax Act (Canada), the City of Pickering may issue a tax receipt to the donor. The donor is responsible for meeting Government of Canada criteria to receive an income tax credit for the artwork. Independent appraisal costs will be the responsibility of the donor. Donated art must follow the City’s Financial Control Policy FIN-030 and be subject to an evaluation process based on the City’s donation criteria outlined below: information about the artwork including photographs of the artwork; (if existing) or illustrations (if proposed); maintenance and conservation plan, including the condition of the work and any repairs needed;site installation requirements of the artwork; projected budget for installation and ongoing maintenance of the artwork; and legal proof of the donor’s authority to donate the work; . and, where appropriate an appraiser or outside expert maybe called in to determine authenticity or value. Formatted: Indent: Left: 0.38", Hanging: 0.38", Bulleted + Level: 1 + Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 0.38" Formatted: Indent: Left: 0.38", Space After: 12 pt Formatted: Indent: Left: 0.25", Tab stops: 0.25", Left Formatted: Indent: Left: -0.13", Hanging: 0.38", Bulleted +Level: 1 + Aligned at: 2.25" + Indent at: 2.5", Tab stops: Tax receipts may be made available upon request by the donor. 0.25", Left For objects less than $1,000.00, an independent appraisal is not required. An original bill of sale or receipt is acceptable to use to determine value if the item was purchased within Formatted: Indent: Left: 0.25", Tab stops: 0.25", Left Formatted: Indent: Left: 0.25", Space After: 12 pt, Tab stops: 0.25", Left the last 12 months. Qualified Staff may provide current fair market value for objects under an estimated value of $1,000.00. Items estimated to be worth more than $1,000.00 must be independently appraised at the donor’s cost. I. The appraisal must reflect the current fair market value of the object(s). II. The appraisal must be conducted by a member of the Certified Personal Property Appraisers Guild of Canada or equivalent. III. The donor may not be the appraiser. IV. Upon transfer of ownership by signed Deed of Gift, and issuance of a tax receipt, gifts will not be returned to the donor Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: I, II, III, … + Start at: 1 + Alignment: Right +Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0.75" All donations of existing artworksPublic Art will be subject to a review process outlined in this policy. by Community Services staff in collaboration with the Public Art Committee. All donations must be reviewed by the Public Art Jury and endorsed by the Cultural Advisory Committee. All donations should be unencumbered, free and clear of conditions and restriction imposed by the donors. Donations will be evaluated against the selection The City is not required to accept donations of criteria in 07.0109.04 and 07.0310.0. Public Art that are offered. Donated art will also include a funding donation for the transfer, installation, maintenance, conservation, restoration of the work being donated, the amount of which will be Policy Title: Public Art Policy Page 14 of 25 Policy Number: CUL 130 Formatted: Highlight - 91 - negotiated as part of the acceptance agreement. Additionally, City staff are responsible for conducting a feasibility analysis, which outlines aspects such as the benefits of the acquisition, and short and long term costs. The individuals or organizations proposing to donate artwork will be notified of the City’s decision to accept or decline the donation. If accepted, the individual and/or organization shall acknowledge that donated art cannot be returned. Accepted donations of pPublic art Art will be documented, a release form signed by both the City and the donor, and the artwork insured at time of acquisition. Any documents pertaining to ownership of the donation must be transferred to the City and filed by City staff accordingly. Once accepted, the donation may be stored, exhibited, loaned, deaccessioned or disposed of at the discretion of the City. Should a Ddonation of funding from the publican Individual or Business or private sector be received for the City’s Public Art program, the donation will be deposited in the added to the Public Art Reserve Fund. 08.0310.03 Transitory/Temporary Public Art The City may secure on a temporary basis, through acquisition, loan or lease, works of public art for display in public spaces. All artworks to be displayed in public spaces will be evaluated in accordance with the Artist Evaluation Criteria in Section 07.0309.04 and Acquisition Criteria in Section 08 10.0 of this Policy. 10.04 Short-Term Public Art Temporary installations of artwork will be documented, and included in the City’s inventory of public art exhibitions; listing the dates of display, and a project/artist statement. The City may secure Short-Term Public Art installations for display in public spaces from 1 day to 12 months, through acquisition, loan or lease. These installations are exempt from Artist Evaluation Criteria in Section 09.04 and Acquisition Criteria in Section 10.0 of this Policy and may be secured by City Staff, with approval from the Director, Community Services. Formatted: Indent: Hanging: 0.25" Formatted: Indent: Left: 2.63", Hanging: 0.25" 08.04 Community Art Projects The Cultural Services Section will receive applications for community art projects; which may include requests for funding of up to $10,000 for any individual project. The Cultural Services Section will determine whether a community art project should proceed and/or be funded. The goal of these community art projects is to create artwork that is accessible to a large public, not simply because it has been placed in a public space or because of its content, but through the engagement of community members in defining and shaping their environment. Community Art projects must include use of amateur and/or professional practicing artists, and gain the support of the Public Art Committee, and Cultural Advisory Committee. Community murals and tree carvings are examples of community art projects. Policy Title: Public Art Policy Page 15 of 25 Policy Number: CUL 130 Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: -0.38", Hanging: 0.63", Space After: 0 pt, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, … + Start at: 1 + Alignment: Left + Aligned at: 2.63" + Indent at: 2.88" - 92 - 08.05 Public Art Exclusions Examples of Public Art excluded under the scope of this policy are: i.directional elements such as super graphics, signage or colour coding, except where these elements are an integral part of the original work of art or public art project; ii.art objects which are mass-produced of standard design such as playground equipment or statuary objects; iii.landscape architecture and landscape gardening, except where these elements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; and, iv.easily moveable artworks such as paintings, drawings, models and books. 0911 Selection Considerations Artwork being considered for acquisition regardless of the acquisition method should 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 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 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 Policy Title: Public Art Policy Page 16 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.38" - 93 - Compliance with guidelines outline 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. 1012 Site Selection The selection of sites for public art shall be made by City staff staff with staff considering comments and or suggestions from the Public Art Committee and the Cultural Advisory Committee, using the following criteria: potential visibility of artworks to the public of public art; distribution of projects across the City; implementation potential; public community benefit;geographic justification; quality, scale and character of the public art are suitable for the location and audience; environmental conditions, site servicing and safety; and, does not interfere with existing or proposed artwork, buildings or structures in vicinity. Public art may be installed in the following areas, as required and as pieces become available: public areas in municipally owned, leased or managed spaces including community centres, municipal facilities, museum, library, parks, roads, sidewalks and public spaces. Public art may be installed in the following areas, as required and as pieces become available: public areas in municipally owned facilities, community centres and libraries (interior and exterior spaces); and, Parks and Public Spaces. For the installation of public art, the City, in consultation with the Public Art Committee, may also identify key priority areas such as the waterfront, City Centre and transit corridors; and/or key themes such as culture, heritage, agriculture and environment. 10.0112.01 On Lands Owned and Managed by the City of Pickering Installation of public Public art Art is encouraged in public spaces and parks owned by the City of Pickering; and in public areas of City of Pickering owned office buildings, community centres, and libraries. Proposals for public artPublic Art installations by the private sector or other public agencies on infrastructure (e.g. roads, bridges, buildings, etc.) or land owned by the City of Pickering that were not commissioned through the Public Art Program must adhere to Formatted: Indent: Left: 0.38", Hanging: 0.44" Formatted: Indent: Hanging: 0.38" Formatted: Indent: Hanging: 0.38", Tab stops: 0.69", Left Formatted: Indent: Hanging: 0.38" Formatted: Indent: Hanging: 0.38", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75" Policy Title: Public Art Policy Page 17 of 25 Policy Number: CUL 130 - 94 - the City of Pickering Public Art Policy and all other relevant City policies, by-laws, standards, and procedures. Easements may be provided to the City for purposes of installation and maintenance of City-owned Public Art. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff and Public Art Committee; and, to present to the Council of the City of Pickering. Proponents will also be subject to entering into a license agreement with the City of Pickering regarding matters such as maintenance and the continued use of public property. 10.02 On Lands Owned by Other Levels of Government and Public Agencies 10.02.1 Consultation with the City of Pickering Public agencies that propose public art as part of a redevelopment or new development, are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and to present to the Council of the City of Pickering. 10.02.2 On Lands Owned by the Region of Durham Installations of public art initiated or approved by the City of Pickering on infrastructure (e.g. roads, bridges, buildings, etc.) owned by the Region of Durham will be subject to entering into an agreement with the Region of Durham. 10.03 On Private Lands The City actively encourages the private sector to include public art in development projects to elevate and improve the public realm. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and, to present to the Council of the City of Pickering. Direction on options for private sector contributions to public art are provided in Section 21 of this Policy. 1113 Collections Management 11.0113.01 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall 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. 11.0213.02 Accessioning/Registry/Inventory: The City shall document all works in the Public Art Collection and maintain a registry/inventory of the Public Art Collection; which shall be made available to the public. Policy Title: Public Art Policy Page 18 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.25", No bullets or numbering - 95 - Temporary public art shall not be registered into the Public Art Collection and shall not be part of the maintenance and conservation program. Temporary works will be added into the Inventory of Public Art Exhibitions. Temporary exhibitions will be photographed and documented (artist/project statement). 1214 Maintenance & Conservation 12.0114.01 It is the responsibility of the City to maintain all permanent works of art within the Public Art Collection in accordance with the approved maintenance plan and/or conservation plan required for each piece. 12.0214.02 All public art submissions valued over $25,000 must include a detailed manual from the artist outlining the maintenance and/or conservation plan from the artist outlining care of the artwork. The maintenance and conservation plan template is included in Appendix 32.The plans will include, but are not be limited to: a maintenance dossier; shop drawings; manufacturers’ lists; key contacts, including the artist; maintenance and/or conservation specifications; and, budgets. 12.03 City staff will monitor the existing inventory for maintenance requirements. The City may choose to retain a qualified professional to undertake the inspection, if deemed necessary. 1315 Insurance 13.01 All artistic works owned by the City through purchase, commission and/or donation are the property of the City of Pickering and are insured under the City’s Insurance Policy. 15.01 13.0215.02 For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage or vandalism. In addition, the Artist will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). See Appendix 4. 1416 Storage 14.0116.01 When storage of Public Art, whether short-term or long-term, is required, the City will ensure that such storage meets appropriate museum standards. Whenever possible, existing City and community resources will be used for the storage and management of the City’s Owned Public Art. 15 Agreements & Installation 15.01 The 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: Formatted: Indent: Left: -0.38", Hanging: 0.63", Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, … + Start at: 1 + Alignment: Left + Aligned at: 2.63" + Indent at: 2.88" Policy Title: Public Art Policy Page 19 of 25 Policy Number: CUL 130 - 96 - Materials Timelines Installation Maintenance and/or conservation plans Warranty Copyright, Intellectual Property and Moral RightsPayments to sub-contractors 15.02 The Artist is generally responsible for the installation of all artworks that the City has acquired. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired art works will be reported upon receipt, and any problems found will be referred to the artist for resolution. 15.03 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall 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. 17 Agreements & Installation 17.01 The Artist will enter into a written agreement with the City of Pickering in the form of the Letter of Understanding (Appendix 1). This agreement will address the Artist’s obligations, which include, but are not limited to: Formatted: List 2, Indent: Hanging: 0.63" Formatted: Indent: Left: 0.25", Hanging: 0.44", Space After: 0 pt, Tab stops: 0.63", Left Materials Timelines Installation Maintenance and conservation plans Fabrication schedule  17.02 17.02 The Artist is responsible for the installation of the artwork. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired artworks will be reported upon receipt, and any problems found will be referred to the artist for resolution. Formatted: Space After: 12 pt Formatted: List 2, Indent: Hanging: 0.56" Formatted: Indent: Left: 0", Hanging: 0.19", No bullets or numbering 1618 Deaccession & Disposal 16.0118.01 The City may deaccession and/or dispose of Public Art when necessary. All reasonable efforts will first be made to resolve problems or re-site the Public Art, in consultation with the Artist and/or donor, where appropriate. Public art may be deaccessioned and/or disposed of under any of the following situations: Policy Title: Public Art Policy Page 20 of 25 Policy Number: CUL 130 - 97 - endangerment of public safety; excessive repair or maintenance; irreparable damage; inaccessibility; site redevelopment; art is no longer relevant ;works that endanger public safety; possibility of upgrading through exchange; no appropriate location for exhibition of work; copies, forgery or reproductions lacking authenticity or archival value; the public art is no longer relevant to the City’s Public Art Collection, or the public art is discovered to have been stolen, or was offered to the City for acquisition using fraudulent means. 16.0218.02 The City of Pickering will be responsible for preparing a report providing the justification for recommending deaccessioning of the artwork for the Public Art Committee, to be endorsed by the Cultural Advisory Committee and received as correspondence by Council, as appropriate. 16.0318.03 In the event of accidental loss, theft or vandalism, the City retains the right to determine whether replacement or deaccessioning of the artwork is appropriate. 16.0418.04 No artistic work will be deaccessioned and disposed of without consultation with the Public Art Committee. Recommendations to the Public Art Committee regarding the need for a method of deaccession will be made by Cultural Services Staff. The deaccessioned art may be moved, sold, returned to the artist or destroyed, with any monies received through the sale of the artwork being placed in the Public Art Reserve Fund. 1719 Copyright and Intellectual Property 17.0119.01 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. 17.02 The City will respect the artist’s right of authorship and the integrity of the public art. 17.0319.02 Copyright of the artwork shall remain with the Artist unless the City has acquired the copyright in full from the Artist or has an agreement in writing for limited usage. 17.0419.03 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. 17.05 In cases where the artist is not contracted directly to the City, but is a sub-contractor (e.g. for integrated artworks or artist on a design team) or for developer-provision of public art, Policy Title: Public Art Policy Page 21 of 25 Policy Number: CUL 130 Formatted: Space After: 12 pt - 98 - the City shall stipulate that the contract must include terms related to intellectual property rights, ownership, and maintenance obligations, as appropriate. Formatted: Indent: Left: -0.38", Hanging: 0.63", Outline 19.04 1820 Artist Remuneration 18.0120.01 Artists shall be fairly compensated for their time and work. Compensation shall be determined on a case by case basis, adhere to the Canadian Artists Representation (CARFAC) and adhere to the Canadian Artist Representation, RAAV Minimum recommended Fee Schedule.. 18.02 Artist Contract Terms – In creating standard agreements with artists, it is important to note artist moral rights and to take into consideration practices in the arts sector, which differ from other professional service providers or suppliers. When the City of Pickering contracts an artist for a commission, the artist agreement will include, but not be limited to the following: scope of work (may be design services only; or design, fabricate and/or install); City’s and artist’s obligations, appropriately apportioning risk and responsibility; timelines;ownership, maintenance, and conservation obligations; intellectual Property, Copyright, and Artist Moral Rights;artist recognition; warranty and insurance (as appropriate); and, payment schedule. 1921 Community Engagement & Awareness 19.0121.01 The City will be responsible for ensuring there is an opportunity for community input and involvement in public art and expanding the level of knowledge of the City’s Public Art Collection in the community. 19.0221.02 City staff will be responsible for ensuring the community is aware of any public art installations or deaccessioning in public spaces. When appropriate, the community will be asked to comment on the selection of a commissioned work or official unveilings will be undertaken in order to allow residents to take part in celebrating new additions to the Public Art Collection. 20 Pickering Public Art Interactive Map 20.01 The City of Pickering shall develop and maintain an interactive online public map that identifies the location of public art pieces and provides a photograph and information, such as a description of the public art piece, installation date and artist name. If available, the City will also include information from the artist including web links, artist biography, artist statement and video footage of the artist discussing their work. Policy Title: Public Art Policy Page 22 of 25 Policy Number: CUL 130 numbered + Level: 2 + Numbering Style: 01, 02, 03, … + Start at: 1 + Alignment: Left + Aligned at: 2.63" + Indent at: 2.88" Formatted: Font: Bold - 99 - 20.02 This information will also be held within the Public Art Inventory; which will be maintained by the Community Services Department. Policy Title: Public Art Policy Page 23 of 25 Policy Number: CUL 130 - 100 - 2122 Public Art Development by the Private Sector 21.01 The City actively encourages private sector applicants to include public art in development projects through the Site Plan application process. The provision of public art will be secured through a Site Plan Control Agreement that will be registered against the title of the lands. 21.02 Options for private sector contributions to public art are:  On-site Contribution: This is where the applicant incorporates the public art within the development limits. In addition to the requirements outlined in Section 10.03 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the owner, and subject to approval by the City. Ongoing maintenance, repair or replacement of the public art piece will be at the sole cost of the owner.  Off-site Contribution: This is where the applicant provides public art on municipal property. In addition to the requirements outlined in Section 10.01 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the private sector proponent, and subject to approval by the City. The ongoing maintenance, repair or replacement of the public art piece will be at the sole cost and responsibility of the City. 22.01 Partnership with business/agency. 23 Funding 23.01 Public Art may be funded through the following methods: i. Public Art Reserve Fund Five percent of surplus or a minimum flat rate of $150,000 annually, whichever is greater. best efforts as determined by the Director -Five percent of annual surplus or Finance & Treasurer 24 i. Grants i. Community Benefit Charge ii. iii. Sponsorship iv. Donations 22 22.01 Funding to support this policy will be provided through the establishment of a Public Art Reserve Fund, as recommended in The City of Pickering Cultural Strategic Plan (2014). Formatted: Indent: Left: -0.38", Hanging: 0.63", Space After: 12 pt, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, … + Start at: 1 + Alignment: Left + Aligned at: 2.63" + Indent at: 2.88" Formatted: List 2 Formatted: List 2, Indent: Left: 0.44", Space After: 6 pt, Outline numbered + Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 0.69" + Indent at: 1.19" Formatted: List, Indent: First line: 0" Commented [HJ3]: Per Stan’s direction – 5% of annual surplus or best efforts as determined by the Director Finance & Treasurer Formatted: Indent: Left: -0.3", Hanging: 0.49", Tab stops: Not at 0.25" Formatted: List 2, Indent: Hanging: 0.75", Outline numbered + Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 0.69" + Indent at: 1.19", Tab stops: 0.94", Left Formatted: List 2, Outline numbered + Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 0.69" + Indent at: 1.19" Policy Title: Public Art Policy Page 24 of 25 Policy Number: CUL 130 - 101 - 22.02 Starting in 2021, it is recommended that Council provide financial support in the amount of $100,000 to implement the Public Art Policy. In 2022, it is recommended that the financial support increase by $25,000 for a total of $125,000. The financial contribution should be increased by $25,000 every year until the funding model is reviewed. 22.03 The Public Art Reserve Fund will be used to cover the costs of the management, additional insurance costs, administration and promotion of public art in the City and the purchase, maintenance, conservation, restoration, archiving, and deaccession of the Public Art Collection. 22.04 Up to a minimum of 75% of all funds collected must be used for the design, fabrication installation and documentation of Public Art or Community Art projects chosen through an objective jurying selection process. 22.05 Funds ranging up to 25% will be apportioned to the governance and administration of the selection process, collection, inventory, staffing, legal requirements, deaccession of artistic works, and overall policy review. 22.06 Any operating funding required for the ongoing operation of specific pieces of public art must be funded from the Public Arts Reserve Fund and approved by Council on a case by case basis. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendix 1.Letter of Understanding Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: -0.13" + Indent at: 0.13"2. Maintenance and Conservation Template for Public Art Certificate of Insurance Formatted: Font: Bold Formatted: Indent: Left: -0.13" Policy Title: Public Art Policy Page 25 of 25 Policy Number: CUL 130 - 102 - PUBLIC ART PLAN 2023/2026 Geordie Lishman Spirit of Pickering (Live), 2020, The Esplanade Park (City Centre), Pickering Attachment #3 to Report CS 30-23 - 103 - - 104 - Foreword The City of Pickering Public Art Plan (2023–2026) is built on the understanding and recognition that 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. Blair Baker Little Boy Fishing, 2013, Front and Commerce, Pickering Progress Frenchman’s Bay East Park (Waterfront), Pickering - 105 - Contents Introduction 5 1.0 Public Art Typologies 8 2.0 Cultural Hotspots for Public Art in Pickering 13 2.1 Civic Centre Public Art 15 2.2 Pickering’s Waterfront Public Art 27 2.3 Pickering Museum Village Public Art & Greenwood Park 41 2.4 Suburban Public Art 55 2.5 Gateways & Hubs 65 Edward Falkenberg Dreamscape, 1999, Pickering Town Centre, Glenanna Blvd. (City Centre), Pickering - 106 - - 107 - Introduction In 2023, the City of Pickering has over 40 Public Artworks throughout the City including permanent sculptures and The plan includes the existing Public Art in Pickering, identifes zones for future Public Art projects, and proposes new initatives for the future. • Civic Centre • Waterfront • Pickering Museum Village & Greenwood Park • Suburban • Gateways & Hubs This plan was created in Summer 2023. murals. Scan the QR code to access the City’s Public Art Page. 5 - 108 - The following staff were consulted in the development of this plan: Director, Community Services, Division Head, Culture and Community Programming, Coordinator, Cultural Services, Coordinator, Public Art, Community Services; Director, Operations Department, Division Head, Operations Services, Operations Department; Director, Engineering Services, Manager, Landscape & Parks Development, Manager, Capital Projects & Infrastructure, Manager, Capital Projects & Infrastructure, Transportation Engineer, Engineering Services; Manager, Sustainability & Strategic Environmental Initiatives, Senior Planner - Site Planning, City Development; Senior Advisor, Equity, Diversity & Inclusion, Office of the CAO; Director, Finance & Treasurer, Manager, Budgets & Internal Audit, Manager, Procurement, Senior Financial Analyst, Finance; Developed by: Stoyan Barakov, Coordinator, Public Art. By working with various City departments, we plan to increase the number of Public Art and placemaking initiatives in our City. 6 - 109 - 7 - 110 - 1.0 Public Art Typologies The City of Pickering is a vibrant community rich in diversity, heritage, environment and the arts. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. This section illustrates diferent types of public art that provide inspiration for the Public Art Plan. Examples include works of various scales and mediums from around the world. 8 - 111 - Londra, opera di Yinka Ilori, ph. ©Jason Alden statistics from: New Study Shows Streets Are Safer with Asphalt Art, April 14, 2022 Asphalt Art Inspiration from other cities Did you know that streets are SAFER with Asphalt Art? 9 - 112 - ion Brian Jungen Henry Moore A+J Art + Design Couch Monster, 2022, AGO Draped Seated Woman, 1957-8, Private Collect SOS (Safety Orange Swimmers), 2019, Toronto Suzanne Simoni Liz Magor Jef Koons Three Sides One Gesture, 2019, Toronto LightShed, 2015, Vancouver Puppy, 1992, Spain Sculpture Inspiration from other cities 10 - 113 - Melanie Jewell, Kyla LeSage and Lianne Charlie Strong, Healthy Women Mural, 2021, Yellowknife Christine Dewancker Daylighting (without you I would be lost) , 2019, Toronto Lucas Walker Spinifex Rock Snake, 2021, Toronto Vivid, 2011-19, Australia Community-based Art Digital Art Inspiration from other cities Inspiration from other cities 11 - 114 - Marina Abramović The Artist Is Present, 2010, New York Willi Dorner Bodies in Urban Spaces, 2022, Toronto Land Art Performance Inspiration from other cities Inspiration from other cities Andy Goldsworthy Land Art Kathy Klein Nature Mandalas 12 - 115 - 2.0 Cultural Hotspots for Public Art in Pickering Existing and planned public art projects are focused on the following fve zones or hotspots. As the city develops and grows, new focus areas for public art will be identifed. 13 - 116 - 2.1 Civic Centre Public Art ... 15 • Existing Artwork • Public Art in Esplanade Park • Refections Garden and Refections Public Art • Winter Illumination as part of Winter Nights, City Lights • Chestnut Hill Developments Recreation Complex (CHDRC) 2.2 Pickering’s Waterfront Public Art ... 27 • Existing Artwork • Examples of Public Art • Public Art around the Waterfront • Alex Robertson Park • Water is Medicine • Rotary Frenchmans Bay West Park • Beachfront Park 2.3 Pickering Museum Village Public Art & Greenwood Park ... 41 • Public Art around the Pickering Museum • Examples of Public Art • Pickering Heritage & Community Centre • Greenwood Park 2.4 Suburban Public Art ... 55 • Existing Artwork • One Horse Power • Five Sides of Pickering • West Shore Skate Spot • Shell Gas Station 2.5 Gateways & Hubs ... 65 • The Street Banner Program 14 - 117 - INSERT MAP Esplanade Park - Existing artwork (installed) - Refections Garden (installed) -Winter Illumination as part of Winter Nights, City Lights (planned, ongoing) Chestnut Hills Developments Recreation Complex - Exterior and interior Temporary Murals (installed) - Arts, Heritage and Culture Displays (installed, on-going) 15 CIVIC CENTRE - 118 - 2.1 Civic Centre Public Art The map on the left shows diferent locations where Public Art has been installed and has been planned in Pickering’s Civic Centre. 16 - 119 - 17 - 120 - Andreas Drenters The Pickering Pioneer Family, 1989, Pickering Civic Centre - Esplanade Park (City Centre), Pickering 18 Civic Centre Public Art Existing Artwork - 121 - Civic Centre Public Art Existing Artwork The Pickering Pioneer Family by Andreas Drenters (1989) Spirits of Pickering; Gather, Inspire, Work and Live by Geordie Lishman (2020) 19 - 122 - Civic Centre Public Art Existing Artwork Pollinators 1and 2 by Ron Baird (2020) Poppies Obelisk by Jean Pierre Schoss (2014) Dreamscape by Edward Falkenberg (1999) 20 - 123 - Public Art in Esplanade Park Esplanade Park surrounds City Hall and is located in the heart of the City. It is the primary location for community celebrations, community events, performances, and for regular passive use. In 2018, the City of Pickering received provincial support to complete Phase 1 enhancements to Esplanade Park through the Main Street Fund. Phase 1 included the installation of several pieces of permanent public art: four sculptures by artists Geordie Lishman, ‘Spirit of Pickering’, and two sculptures by artist Ron Baird, ‘Pollinators’. Phase 1 upgrades were installed in 2020, and included upgraded landscaping and seating in Esplanade Park. With the funding support of the Government of Canada, the City of Pickering initiated Phase 2 of this project in 2022. Additionally, Esplanade Park hosts some of our community art programs and events such as the Winter Nights, City Lights. 21 - 124 - In response to the pandemic, Phase 2 of the Esplanade Park project includes a Refections Garden to provide a public space for people to practice self-care and refection. The garden includes a shade structure, accessible seating, and playable musical instruments. In 2022, Studio F Minus was selected to produce a new permanent public artwork that serves as the focal point for this space. The work is titled Refections and it was installed in 2023. Refections depicts the impact by COVID-19 on our community. In particular, the families of victims of the pandemic, those living in long-term care, frst responders and frontline workers. Refections Garden including public artwork, seating elements, shade structure and musical instruments. 22 Refections public artwork unveiling. Esplanade Park Refections Garden Installed May, 2023 - Approved by Council on June 27, 2022, Directive #943/22 Funded by the Government of Canada - 125 - Esplanade Park Winter Illumination as part of Winter Nights, City Lights Installed November 2022 - January 2023 (ongoing, annual event) 2023 Installation Sponsored by Ontario Power Generation “FIREWEED” by Bekah Brown was a temporary artwork installation in Esplanade Park as part of Winter Illumination for Winter Nights, City Lights 2022. FIREWEED is an interpretation of a feld flled with freweed plants constructed from driveway refectors. The freweed plant is a healer of both land and people; it is one of the frst plants to bring life back to an area following a forest fre and it has medicinal properties known around the world. As such, this piece creates space for mourning what’s been lost during the COVID-19 pandemic while celebrating resilience and symbolizing hope for the future. Images of the temporary public art by Bekah Brwon. Bekah is a multi-disciplinary artist; her practice includes fashion, textiles, and multimedia art installations. She has shared parts of her ancestral exploration through her work as she learns how each tradition has impacted who she is as well as how a non-visible disability and mental health disorder have impacted her life and identity. She is driven to continue exploring and engaging with her experiences as artistic creation is fundamental to her understanding and healing processes. 23 - 126 - Esplanade Park Winter Illumination as part of Winter Nights, City Lights Planned Project (ongoing, annual event) 2024/2025 installations will be subject to sponsorship funding Each year, the City of Pickering welcomes the winter season by illuminating Esplanade Park with a special countdown and freworks display, a holiday market tent with local artist/artisan vendors, community art installations, culinary treats from food vendors, games, giveaways, musical entertainment, and more. Inspirations from other cities: RAW Design in collaboration with Atomic3, Prismatica, 2019-22, USA and Canada ENESS, SKY CASTLE, 2021/22, Stratford 24 Monkey C Interactive, Candycombs, 2021, Mississauga - 127 - Chestnut Hill Developments Recreation Complex Exterior & Interior Temporary Mural Installed March 2023 Funded by the Government of Canada The City of Pickering celebrated frontline workers through two new murals installed at Chestnut Hill Developments Recreation Complex (CHDRC) in March 2023. Zuna Amir and Malik McKoy, Durham-based artists, consulted with community members in order to create artworks that celebrate frontline workers and frst responders. Zuna infront of her work Community Complex Zuna Amir, who was comissioned to create a mural for the external wall of CHDRC, is a Pakistani- Canadian multidisciplinary artist based in Durham. She graduated from OCAD University with a Bachelor of Design majoring in Illustration and is now working as a freelance artist. Her work emphasizes form, line and details as a response to the environment around her. Malik in front of their work They Matter Malik McKoy, who was commissioned to create a mural for inside the CHDRC, is an artist based in Ajax. McKoy is a recent graduate of OCAD University’s Drawing and Painting program and the Game Art and Animation program at Seneca College. McKoy’s work was featured in the 17th edition of MOMENTA in Montreal and in public screenings as part of Artworx TO with InterAccess and Toronto Animated Image Society. 25 - 128 - Chestnut Hill Developments Recreation Complex Arts, Heritage and Culture Displays Installed March 2023 Funded by Current Budget Images of the permanent display system at CHDRC located at the north-west entrance The Cultural Services team installed a permanent display system at Chestnut Hill Developments Recreation Complex to showcase changing exhibits and art. This display system is located on the main foor, banquet hall wall across from the change room entrances. The wall track was installed December 2022. The track can hold up to 70 lbs and can be used for a variety of applications (art, banners, etc.). The track spans 60 feet in width and up to 15 feet in height. Future exhibition plans will be presented to the CAC for endorsement. In 2023, framed photographs of the work by Tracey-Mae Chambers hopeandhealingcanada were displayed in the space. 26 - 129 - Waterfront - Existing artwork (installed) - Beachfront Park (proposed) - Millennium Square (confrmed) Waterfront - Alex Robertson Park (confrmed) - Progress Frenchman's Bay East Park (proposed) Waterfront - Rotary Frenchman Bay West Park (confrmed) - Indigenous led Public Art (confrmed) - Interpretive nodes (proposed) 27 WATERFRONT - 130 - 2.2 Waterfront Public Art The map on the left shows diferent locations where Public Art has been installed, confrmed, and has been proposed for Pickering’s Waterfront. In 2023, repairs and upgrades were made to Rotary Frenchman’s Bay West Park. This included a new comfort station, upgraded pathways, improved accessibility to the beach, and 8 interpretive nodes that are designed for Public Art and Placemaking features. Starting in 2024, Beachfront Park is planned for repairs and upgrades, including a new boardwalk and nodes for Public Art and Placemaking. 28 - 131 - 29 - 132 - Waterfront Public Art Existing Artwork Pickering’s waterfront backyard, the perfect space to escape the city pace. Relax on one of our sandy beaches, or take a stroll through the colourful trails along the shoreline. Pickering’s waterfront provides countless recreational and social opportunities, ofers some of the region’s best surfng and kite boarding, and gives residents and visitors a place to relax and socialize Blair Baker Little Boy Fishing, 2013, Front and Commerce, Pickering Progress Frenchman’s Bay East Park (Waterfront), Pickering 30 - 133 - Batten Disease Memorial Sculpture Millennium Mast by Lynda & Ron Baird (2000) The Primrose’s Cutter Head Little Boy Fishing by Blair Baker (2013) Waterfront Public Art Existing Artwork 31 - 134 - Waterfront Public Art Existing Artwork Kijimba Kind - Spring (Persephone), The Parson, Owl (Hibou), Eagle (Aquila), The Crane (Sentinel), The Moirai, Eden Seed, Bridge Builder (Tji-Wara) by Dorsey James (2001) Area of Enchantment 1 and 2 by Dorsey James (2001) 32 - 135 - Alex Robertson Park Kijimba Kind Confrmed, to be installed September 2023 Restoration funded by Current Budget 2022 Interpretative signs in partnership with TRCA and funded by Ontario Power Generation Sponsorship Kijimba Kind by Dorsey James are spirit children of all types and colours designed to represent the peoples from a diversity of cultures that have come from near and far to call this country “home”. They symbolize our history as well as the diversity of religions, our myth and our legend. They are, too, reminiscent of a variety of directions, choices, options or challenges that we might encounter in our lives i.e. to be strong and determined (Aquila the eagle), vigilant (the crane) or knowledgeable (the owl). All represent some aspect of human experience, hope and aspiration. In 2022, this artwork was restored by artist Dorsey James and was installed in 2023. Dorsey James Kijimba Kind - Owl (Hibou), Alex Robertson Park Original site map showcasing the locations of Kijimba Kind by Dorsey James. 33 - 136 - Rotary Frenchman's Bay West Park Water is Medicine Confrmed, to be installed October 2023 - Approved by Council on June 26, 2023, Directive #218/23 Funded by Public Art Reserve Rendering of the proposed public artwork Water is Medicine SpruceLab 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. This project will be located in one of the interpretive nodes at Rotary Frenchman's Bay West Park. Artwork will be installed in Fall 2023. The experience begins with the innovation of the Ojibwe birchbark canoe, used to navigate area waterways since time immemorial. A cedar tree is included as a tree and roots, hugging the canoe, emphasizing the close relationships of humans to nature (and cedar is an important traditional medicine). It is also an essential element used in making this kind of canoe. Next, one discovers the form of a schooner, an innovation of early settlers to pull stones up from the bottom of the lake that contributed to the development of the area. The highly polished stainless steel symbolizes both innovation and refecting on one’s place in history. Looking forward, the decommissioning of the Pickering nuclear plant will have a signifcant impact on the City, an industry that relies on water also. 34 - 137 - Rotary Frenchman's Bay West Park Interpretative Nodes Planned Public Art Projects (2023 - 2025) Funded through a mix of Public Art Reserve, Grants and Sponsorship The Rotary Frenchman’s Bay West Park, as part of the 2020 Master plan, includes 8 spaces dedicated to ‘Interpretative Nodes’. These nodes are identifed for public art plus interpretive elements. The 8 locations have been designated for Public Art activations. 1 Entry way to RFBWP 2 Trafc turn-around with drop-of and gathering space 3 Entry way to Waterfront Trail 1 2 3 Map of Rotary Frenchman's Bay West Park including designated locations for public art. 35 - 138 - Rotary Frenchman's Bay West Park Interpretative Nodes Planned Public Art Projects (2023 - 2025) Funded through a mix of Public Art Reserve, Grants and Sponsorship 4 5 6 7 8 Map of Rotary Frenchman's Bay West Park including designated locations for public art. 36 Design elements may include seating, shade or signage features that are created by various artists. 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 - 139 - Rotary Frenchmans Bay West Park Interpretative Nodes Public Art Concepts (2023 - 2025) To be funded through a mix of Public Art Reserve, Grants and Sponsorship Community Services directly invited three teams of artist/designers to provide concepts for public art ideas for Rotary Frenchman’s Bay West Park - Interpretive Nodes. The collected concepts will be used to enhance a future public art call and leverage the concepts for grant funding. Rendering of Nesting by Julia Jamrozik and Coryn Kempster. Rendering of Origami Animals by Figureground Studio. Renderings of Narratives by Suzanne Simoni. Interactive Public Art Concept by Aesthetic Public Art Concept by Figureground Educational Public Art Concept by Julia Jamrozik and Coryn Kempster - Nesting Studio - Origami Animals Suzanne Simoni - Narratives 37 - 140 - Enhancing the design of the Beachfront Park 2022 Master Plan, Public art will be used to amplify accessibility, improve usability and visibility. Waterfront pathways and lookouts will be designed to include spaces for public art displays and installations. Construction of Beachfront Park is expected to begin in 2024. Rendering of Beachfront park including bases of sculptural programming. Beachfront Park Waterfront Trail Proposed Public Art Project (2023-2025) Seeking Grant Funding 38 - 141 - Millennium Square Winter Wonderland: Light-based Sculpture Confrmed, to be installed November 2023 - Approved by Council on June 26, 2023, Directive #218/23 Funded by Operating Budget The event Winter Wonderland, on Saturday, December 2 and Saturday, December 9, 2023, includes vendor’s market, ice carving and sculptures on display, fre pits with s’mores, wagon rides, roaming characters and a signature semi-permanent public art sculpture. The event activates Millennium Square during December 2 and December 9; however, the signature public art sculpture remains on-site until January 31, 2024. Rendering of the artwork proposed by Jordan Shaw. The public art piece by Jordan Shaw Studio titled "Same Material / Diferent Time" is to be displayed in the Nautical Village during the winter season (December 2nd – January 31st) as part of a new series of events called – Winter Wonderland. The City of Pickering has purchased the work and assumed full ownership. The illuminated light-based temporary sculpture 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. 39 - 142 - 40 - 143 - MUSEUM Pickering Museum Village - On The Backs of Fish (confrmed) - Millpond Meadow (installed) - Roots to Rebellion: Digital Exhibit (confrmed) - Roots to Rebellion: Wagon Wrap (confrmed) - Gather and Grow (proposed) - 175th Anniversary of the Greenwood Blacksmith Shop (installed) - Pickering Heritage & Community Centre (planned) - Greenwood Park (proposed) 41 - 144 - 2.3 Pickering Museum Village Public Art & Greenwood Park Pickering Museum Village is a community hub where people come together to learn, share stories, and build relationships through progressive, fun, and vibrant experiences. Through exhibitions, public programming, and school programming, the museum ignites imaginations and fosters a connection between our residents and our history. Pickering is slated to welcome a brand new 44,000 sq. ft. space in the spring of 2026 that will celebrate the City’s rich heritage, while bringing together Museum, Library and Community Centre into one dynamic facility. Greenwood Park will undergo Master Planning in 2024, updating accessibility, usability and features of the park. 42 - 145 - 43 - 146 - Pickering Museum Village On The Backs of Fish Confrmed, to be installed November 2023 - Approved by Council on May 23, 2023, Directive #199/23 Funded by Government of Canada The artwork entitled “On the Backs of Fish” is an interactive sculpture that forms a connection between landscape, community and ecology. The artwork takes inspiration from salmon swimming upstream, by resembling fsh forms emerging from Millpond Meadow, and mimicking the movement of the fsh as they navigate the current. The larger than life school of fsh, will be installed in the meadow adjacent to Dufns Creek. Concept rendering by Bluf Studios For the past fve years, the City of Pickering, in partnership with the Pickering Public Library, Ontario Federation of Anglers and Hunters and Ontario Ministry of Natural Resources, has supported a salmon hatchery at the Pickering Central Library. Library patrons and students from local schools had the ability to observe and learn about the Atlantic salmon and the importance of biodiversity. “On the Backs of Fish” will form a bridge between the learning space of the museum and the watershed itself - an interactive work that encourages play and an understanding of how the fsh travel through the landscape. 44 - 147 - Pickering Museum Village Millpond Meadow Installed Placemaking Project, November 2022 Funded by Government of Canada Image from Millpond Meadow A new gathering space was installed at Pickering Museum Village's Millpond Meadow. This space provides additional seating and an opportunity for community programs. The 8 sugar maple trees will be used for maple-themed programming. 45 - 148 - Pickering Museum Village Roots to Rebellion: Digital Exhibit Confrmed, to be installed February 2024 - Approved by Council on May 23, 2023, Directive #199/23 Funded by Government of Canada This interactive digital exhibit in the restored Log Barn will explore the early years of Pickering and how the settlers from this small farming community were instrumental in the Rebellion of 1837. It will be told through the perspectives of Black settlers, working through their lives from the 1820s and culminating in the Rebellion of 1837-38. Events such as the Abolition Act of 1834, the Underground Railroad, the Upper Canadian Rebellion, and United Empire Loyalists settlement will be interpreted through the lens of Pickering and Durham’s black community by Oddside Arts. Oddside Arts explores art through speculative practices (sci-f & fantasy imaginings, and musings about the future), and the application of technology by using digital design and immersive experiences. They also make sure that mental well-being is a part of our approach by working from a point of view that prioritizes mindfulness. They are dedicated to supporting artists, especially those who identify as part of the Afrodiaspora, Indigenous and/or 2SLGBTQIAP communities. Image of Log Barn 46 - 149 - Pickering Museum Village Roots to Rebellion: Wagon Wrap Confrmed, to be installed November 2023 Funded by the Government of Canada Georgia Fullerton will explore the wagon and its historical importance as a vehicle of change in the experience of early Black settlers in the 1800’s. The wagon will serve as a metaphor for the emotional, mental, and physical transformation experienced by Black people - their decisions to fght for Loyalists or Patriots, and a view of how those decisions directed their lives after the rebellion ended. Artwork created by Fullerton will be applied to the wagon using a vinyl wrap process – similarly to how a decal is applied to a car. Fullerton intends to explore imagery and iconography related to transportation, farming and agriculture, quilt codes, sacred spaces, and school houses. The piece will complement the Roots to Rebellion exhibition at Pickering Museum Village. Set to open in 2024, the exhibition will explore the perspective of Black persons in the early 1800s, during movements such as the Abolition of Slavery in the British Empire, the Underground Railroad, and the 1837 Rebellion. The artwork will be completed and installed winter 2023. concept renderings by George Fullerton Georgia Fullerton is a professional artist, arts educator and a graduate of the CREATE Institute’s Expressive Arts Therapy program. She is the first Black female practicing artist to sit as board director and chair of the Collections Management and Acquisitions committee for The Robert McLaughlin Gallery in Oshawa, Ontario and founder of the Durham Black Artists’ Collective. Her art is held in public and private collections in Canada, United States, Australia and the Caribbean. 47 - 150 - Pickering Museum Village Gather and Grow Proposed Public Art Project (2023-2025) Seeking Funding image of Miller Cole House Troublemakers was contracted by the City of Pickering to design a concept proposal for a new interactive experience at the Miller Cole House and surrounding garden spaces. The Miller Cole House’s exhibit Gather and Grow explores the culinary history of Floorplan of exhibit Gather and Grow. Pickering through recipes, cooking and food-based programs. Rendering of the interactive table cloth. Interactive table cloth inspiration. The Miller Cole House is planned for restoration in 2024/2025. 48 Outdoor educational garden. Rendering of the active stove. - 151 - Pickering Museum Village 175th Anniversary of the Greenwood Blacksmith Shop Banners Installed November 2022 Funded by Government of Canada 2022 marked the 175th Anniversary of the Greenwood Blacksmith Shop at Pickering Museum Village. Durham Region based artist Dani Crosby created a series of images to celebrate the occasion! The created artworks celebrate the history of blacksmithing by telling its stories. Through 7 unique artworks, Crosby tells stories that show how the role of the blacksmith has been crucial to agriculture, sport, commerce, and the city’s identity. Images illustrate the history of farming that was possible in Pickering because of the blacksmith farriers, the history of horse breeding locally only in large part made possible by blacksmiths, and celebrate Pickering Blacksmith artist, Bill Lishman who worked in Greenwood Blacksmith Shop for many years. Crosby’s artworks can be seen below and at the picnic shelter at Pickering Museum Village. A selection will be printed as banners and installed along Kingston Road. “In general, but especially as a local Durham Region artist, it was an honour to create illustrations for the 175th Blacksmith Anniversary Project. Honestly, this was one of those projects an artist could spend a year on, there is so much to learn and it is all very interesting. I took a lot of direction from the community, prioritizing the things they declared to be most important to them. I hope these images will inspire curiosity, create visual interest, and serve as potential starting points to further visual explorations of the past and present of this community.” -Dani Crosby 49 - 152 - Pickering Museum Village 175th Anniversary of the Greenwood Blacksmith Shop Banners Installed November 2022 Funded by Government of Canada The 7 unique artworks by Dani Crosby created through community consultation for the 175th Anniversary of the Greenwood Blacksmith Shop at Pickering Museum Village. 50 - 153 - Pickering Museum Village Pickering Heritage & Community Centre Proposed Public Art Project (2024-2026) Funded by Public Art Reserve Exterior renderings of Pickering Heritage & Community Centre. Pickering Heritage & Community Centre will commence construction in 2023. This facility will be a destination for arts, heritage, library services and community programming. 51 - 154 - PUBLIC ART ART GARDENART GARDEN Exterior entranceExterior entrance Pickering Museum Village Pickering Heritage & Community Centre Public Art Concepts (2024-2026) To be funded by Public Art Reserve PUBLIC ART Several opportunities for Public Art have been identifed for this location. The Public Art at the front of the building will act as a beacon while providing visibility and safety to patrons visiting. An art garden has been identifed between the front entrance and parking lot. The site will ofer immersive experiences. Artwork will compliment the architecture of the building, ecology of the area, and sustainable design features. The next page showcase concepts for Public Art at the Pickering Heritage & Community Centre created by various artists and creative organizations. This will be used to enhance a future public art call and leverage the concepts for grant funding. Site plan of Pickering Heritage & Community Centre including proposed locations for Public Art. 52 - 155 - Pickering Museum Village Pickering Heritage & Community Centre Public Art Concepts (2024-2026) To be funded by Public Art Reserve Renderings by LeuWebb Projects. Renderings by Troublemakers. Rendering by SpruceLab Inc. Heritage Public Art Concept by Illuminated Public Art Concept by Environmental Public Art Concept by LeuWebb Projects Troublemakers SpruceLab Inc. 53 - 156 - Examples of park amenities utilizing natural elements Pickering Museum Village Greenwood Park Proposed Project (2024-2026) Seeking grant funding Through community engagement, Greenwood Park Master Plan will consider how to transform and unify this space. Due to its proximity to Pickering Museum Village and the new Pickering Heritage and Community Centre, Greenwood Park provides an opportunity to link the Pickering Museum Village’s upper site, lower site and adjacent Greenwood Park into a ‘cultural campus’. The city will investigate thematic playable structures, public art and space for celebrations and events. 54 - 157 - Suburban Areas - Existing artwork (implemented) Suburban Areas - One Horse Power (implemented) - Five Sides of Pickering (implemented) Suburban Areas - Existing artwork (implemented) -West Shore Skate Spot Mural (planned) Suburban Areas - Shell Gas Station (planned) Suburban Areas - Existing artwork (implemented) 55 SUBURBAN - 158 - 2.4 Suburban Public Art The map on the left shows diferent locations where Public Art has been implemented, is planned, and has been proposed in Pickering’s Suburban Areas. Through redevelopment of sites and ongoing growth, the City works to identify opportunities to feature Public Art and placemaking initatives. 56 - 159 - 57 - 160 - c Art Hallie A. Ndorley Curiosity, 2020, West Shore Community Centre (Suburban area), Pickering 58 Suburban Publi Existing Artworks - 161 - Suburban Public Art Existing Artwork Nest by Mark Puigmarti (2021) 59 - 162 - Suburban Public Art Existing Artwork Metal Horse by Jean Pierre Schoss (2021) Curiosity by Hallie A. Ndorley (2020) 60 - 163 - Seaton Fire Hall #1 - 1700 Zents Drive One Horse Power Installed April 2023 - Approved by Council on June 27, 2022, Directive # #944/22 Funded by Capital Budget Artist Patrick Bermingham from Bermingham Studio Inc. created the artwork to pay tribute to the work horse, the original unit of power. Patrick refects “with a single horsepower, so much was accomplished in a short space in time,” highlighting that the work horse represents a time when human and horse worked closely together in synergy. The style of the sculpture is to be highly dynamic, not high realism. The artist intends for passers-by to feel the determination of the horse, conveying strength and beauty through perseverance. As the Seaton neighborhood continues to grow, this steel guardian will remind visitors and residents of the power required to get the job done, back then and today. Images from the installation of One Horse Power by Patrick Bermingham at Seaton Fire Hall #1. Patrick Bermingham is an internationally-recognized artist whose career spans decades. With a BFA in Sculpture, Bermingham has studied with and apprenticed with several renowned artists. Bermingham participated in the frst Canadian Wildlife exhibition in 1974. 61 - 164 - Seaton Fire Hall #1 - 1700 Zents Drive 5 Sides of Pickering Installed April 2023 Funded by Capital Budget Pickering local artist Jason A. Das created fve diferent scenes from Pickering that will be installed as a wrap on the electrical box by Pickering Fire Services Headquarters and Station No.1 at 1700 Zents Drive. Each work incorporates wildlife wearing fre services hats which pays tribute to fre services. This project was unveiled as part of the Fire Hall opening on Sunday, June 11, 2023. Images of 5 Sides of Pickering by Jason A. Das at Seaton Fire Hall #1. Jason A. Das is a graphic designer & illustrator based out of Pickering, Ontario. Jason is a graduate of the Sheridan College Arts Fundamentals program, as well as George Brown College’s Graphic Design / Advertising program. Over the years, Jason has enjoyed working with clients in various industries, including e-commerce, fashion, retail, information technology, and conferences & tradeshows. 62 - 165 - West Shore Skate Spot Community Mural Confrmed, to be installed October 2023 - Approved by Council on June 26, 2023, Directive #218/23 Funded by Public Art Reserve The newly designed 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. This temporary public art piece is intended to be created and executed with the help of the community (West Shore Neighbourhood Association, local youth and the City’s Programming team), refective of the neighbourhood and the recreational activities that take place in this location. The artist fatspatrol in partnership with Mural Routes will complete 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. Images of West Shore Skate Spot where the community mural by fatspatrol will take place. “I (Fathima Mohiuddin) grew up in Dubai. I went to school with kids from 90 diferent countries. As teenagers, we would all congregate at a skate bowl on the beach. 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 fnd that the spirit of skaters in some ways resonates with being an artist, at least a street artist. Restless. Thrill seeking. Rebellious at times. Counter- culture. And in love with a feeling.” - Fathima Mohiuddin 63 - 166 - Shell Gas Station - 690 Kingston Road Permanent Public Art Proposed Public Art Project (2024-2025) Funded by Contribution for Community Enhancement and Public Art Reserve A call for Public Art is planned for 2024. The selected artist will create a public sculpture to be installed in the garden space adjacent to Shell Gas Station. 690 Kingston Road is at a high-trafc and high-visibility area, making an entry point to Pickering. This artwork will serve as a focal point as people enter Pickering. PUBLIC ART Rendering of Shell Gas Station including public art location. 64 - 167 - Gateways & Hubs - Brock Road/407 Corridor (proposed) Gateways & Hubs - Brock Road/Centennial Park (proposed) Gateways & Hubs - Eastern Gateway/Kingston Road (installed) Gateways & Hubs - City Centre/Kingston Road (installed) Gateways & Hubs -Western Gateway/Kingston Road (installed) 65 GATEWAYS - 168 - 2.5 Gateways & Hubs The map on the left shows diferent locations where Public Art has been installed and has been proposed around Gateways & Hubs in Pickering. Gateways and hubs have been identifed based on their visitorship. 66 - 169 - 67 - 170 - How many people drive past these Gateways & Hubs daily? City Centre/Kingston Road Brock Road/407 Corridor Brock Road/Centennial Park Eastern Gateway/Kingston Road Western Gateway/Kingston Road George Ashe Library and CC Parking Lot 17,170 27,200 24,285 19,655 28,800 19,020 Trafc Counts (AADT) were administered by the Region of Durham in 2019 and are available for public viewing on the City of Pickering - Open Data portal. Most areas listed above have seen signifcant growth, and increased trafc since this data source was made available. Using street banners, trash receptacles, utility boxes, murals and bike racks we can enhance the streetscape and beauty of the City. 68 - 171 - Street Banner Design Inspiration from other cities 69 - 172 - Street Banner Design Inspiration from other cities 70 - 173 - Utility Boxes Design Inspiration from other cities 71 - 174 - Trash Receptacles Design Bike Racks Design Inspiration from other cities Inspiration from other cities Murals Design Inspiration from other cities 72 - 175 - Community Banner Series Confrmed Public Art Project (2023) Funded by Current Budget The Community Banner Series seeks to have professional artists design a series of seven (7) street banners that will animate and transform the street scape into welcoming and engaging spaces. Artwork is to be created digitally and will be recreated onto vinyl street banners. The artwork will be located within the City of Pickering. The call to artist goes out in May annually, and fnal designs are produced and installed in December. The Community Banner Series will build on the success of the original Community Banner Program that has received and archived artwork from a range of artists and artistic practices since 2018. Each year, these banners have contributed to colourful, vibrant, and City proud civic spaces in the City Centre. The Community Banner Series artwork will engage Pickering’s diverse local communities; celebrate the city’s natural, social and built environment; and bring more colour, beauty, pride and enjoyment to city streets, and gateways to our community. In recognition of the environmental efects of excessive plastic production, this project includes an opportunity to repurpose, refurbish and reuse retired banners for future displays, promotions, or re-created into new temporary public art piece, or re-usable options. 73 - 176 - City Centre Banner Display Program Confrmed Public Art Project (2023) Funded by Current Budget Public art and wayfnding initiatives displayed on street banners are valuable assets that enhance the social and cultural environments of municipalities. Through these street banner installations, we beautify our environment, engage the community in creative placemaking, and celebrate community stories, culture, and diversity. The Community Banner Policy establishes clear and consistent methods for the City Staf to initiate and implement new community-led banner displays, and for individuals and organizations to request banner displays through the City Centre Banner Display Program. The City Centre Banner Display Program allows individuals and organizations to request street banner displays located on 24 designated streetlight poles in the City Centre; and to request banner displays in new locations throughout the City. Each applicant may have a maximum of 12 banners to display for 8 weeks. The City Centre Banner Display Program Applications will be collected biannually on March 28, and October 28 each year. Applications will be screened by staf for eligibility and reviewed by the Cultural Advisory Committee. For more information visit: www.pickering.ca/community-banners 74 - 177 - - 178 - For more information or questions contact: Sarah Douglas-Murray Director Community Services Department 905.420.4660 ext. 2025 | 1.866.683.2760 sdouglas-murray@pickering.ca Laura Gibbs Division Head, Culture & Community Programming Community Services Department 905.420.4660 ext. 3709 | 289.200.9658 lgibbs@pickering.ca Krystal Roberts Acting Supervisor, Cultural Services Community Services 905.420.4660 ext. 3604 | 1.866.683.2760 kroberts@pickering.ca - 179 - Report to Executive Committee Report Number: CS 31-23 Date: November 6, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Community Safety and Well-Being Draft Plan -File: A-1440-001 Recommendation: 1. That Report CS 31-23, regarding the City of Pickering Community Safety and Well-BeingDraft Plan, be received; 2.That Mayor Ashe be requested to include funding in the amount of $25,000 in the City’s2024 Current Budget (Culture & Recreation Administration) to enable staff to undertake Community Consultation on the City of Pickering Community Safety and Well-Being DraftPlan in Q1 2024; 3.That staff return the final City of Pickering Community Safety and Well-Being Plan toCouncil for endorsement no later than Q2 2024; 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 Community Safety and Well-Being (CSWB) Plan is a legislated requirement of all upper tier Ontario municipalities under the Safer Ontario Act, 2018. As per the Safer Ontario Act, 2018, S.O. 2018, c. 3 – Bill 175, the CSWB Plan came into enactment in the current Police Services Act, R.S.O. 1990, c. p15. The Region of Durham CSWB Plan was approved by Regional Council in November 2021. In two tier municipalities, it is the responsibility of the upper tier to develop and implement the Plan, through the creation of measurable goals and objectives. Lower tier municipalities play an instrumental role in facilitating those efforts. On February 25, 2019, Community Services staff were directed by Council to begin work on development of a Pickering specific CSWB Plan (Resolution #43/19). Pickering’s CSWB Draft Plan (Attachment 1) is intended to provide a workplan to staff and communicate priorities to the community from 2024-2029. The Community Safety and Well-Being Advisory Committee (CSWBAC), internal departmental working group, stakeholders and community have contributed to the development of the CSWB draft plan. At this time, the CSWB Draft Plan is being shared with Council for your information. Subject to funds being included in the 2024 Current Budget, staff will undertake a community consultation program in Q1 2024 as outlined in Attachment 2. Community feedback, on the direction and - 180 - CS 31-23 November 6, 2023 Subject: Community Safety and Well-Being Draft Plan Page 2 actions outlined in the CSWB Draft Plan, will be considered by staff to validate and/or fine tune the final plan before being submitted to Council in Q2 2024 for endorsement. Financial Implications: Recommendation #2 will provide the appropriate level of funding in the 2024 Current Budget to undertake the required tasks. Discussion: At Council’s direction, Community Services Department staff began the work of developing the City’s first ever CSWB Plan in 2019 (Resolution #43/19). Although the pandemic slowed down the pace of development in 2020 & 2021 because opportunities for engagement were limited, staff achieved many important milestones that laid the foundation for the development of a comprehensive CSWB Plan informed by government and community stakeholders. These milestones include the following: A. In 2019, City staff conducted initial interviews with Members of Council and City staff regarding community safety and well-being in Pickering which identified common themes including homelessness, mental health issues, addiction and antisocial behavior, emotional violence, various levels of mischief and crime, drugs and increased trafficking, high traffic and careless driving, and social issues, including neighbour disputes and bullying. Additional surveys with the community were required to better understand the needs of the community. B. In September 2020, Council received for information a staff update and a draft 2019-2020 CSWB Work Plan (Report CS 28-20; Resolution #426/20). C. In June 2021, staff provided Council with an update on Community Safety and Well-Being (Report CS 25-21; Resolution #623/21) D. A permanent fulltime position entitled Community Safety and Well-Being Advisor was approved by Council in the 2021 Current Budget to support the development and implementation of the CSWB plan. The position was filled in 2023. E. In June 2021, Council endorsed the City of Pickering’s application to become a member of the Canadian Municipal Network on Crime Prevention and received a staff update on the CSWB Plan (Report CS 25-21; Resolution #623/21). F. In November 2021, the Region of Durham Council endorsed the Durham Region CSWB Plan. G. In September 2022, staff provided Council with an update on Community Safety and Well-Being (Report CS 19-22; Resolution #982/22). H. On January 23, 2023, City Council passed Resolution #59/23 and directed staff to review the creation of a CSWBAC made up of a cross section of community representation including Neighbourhood Watch and Road Watch groups to advise on local community needs and suggested best practices; and that the group be responsible - 181 - CS 31-23 November 6, 2023 Subject: Community Safety and Well-Being Draft Plan Page 3 for the creation of a Homelessness Task Force that will work in co-ordination with Durham Region to look at how best to address the needs of the homeless population to include services for mental health, substance abuse and the creation of transitional/supportive housing in Pickering. I. On March 27, 2023, Council passed Resolutions #127/23, #128/23 to establish the Community Safety and Well-bring Advisory Committee (CSWBAC) and approve the Terms of Reference for the committee. J. On May 23, 2023, Council received Corr. 22-23 from Danielle Manton, City Clerk, City of Cambridge, dated May 10, 2023, regarding Highway Traffic Act Amendments. Correspondence was referred to the CSWBAC for review and Council directed that the CSWBAC report back to Council in Q4 of 2023 as per Resolution #195/23. This has been added to the Community Safety and Well-Being Advisory Agenda for consideration at the November 9, 2023 meeting. K. On June 26, 2023, Council approved a motion that directed staff to integrate Intimate Partner Violence into the City’s CSWB Plan, as per recommendation #10 of the Renfrew County Inquest, (Resolution #235/23). This is reflected in the CSWB Draft Plan under Priority 2.6 in the Action Plan. The cornerstone of the CSWB plan has been the robust community consultation program implemented in July and August 2023 to help identify recommendations and priority areas. The City launched a community survey on community safety and well-being which yielded 332 respondents. Pickering Residents ranked the following priorities by importance: 1. To live in a clean, safe, attractive and welcoming community with safe trails, walkways, public art, well-lit spaces and spaces that promote healthy lifestyles. 2. To have access to recreation, fitness and leisure programs, community gardens, and programs that support physical and mental well-being. 3. To reduce local crime and victimization. 4. To improve living standards by attracting new jobs and businesses to Pickering; providing education on financial literacy, attracting more physicians to Pickering, rental and affordable housing strategies. 5. To know how to find resources for things like mental health, safety, victimization, crime prevention, physical wellbeing, and substance use. 6. To feel a sense of belonging to my community by participating in neighbourhood initiatives, volunteering, or programs. 7. To provide services and resources to those experiencing homelessness, substance use, or food insecurity. 8. To increase road safety for pedestrians, cyclists, motorists, and vehicle passengers. 9. To develop programs, committees, taskforces and trainings to combat local racism, homophobia and xenophobia. - 182 - CS 31-23 November 6, 2023 Subject: Community Safety and Well-Being Draft Plan Page 4 The City of Pickering CSWB Draft Plan has been developed with input from the internal working committee, stakeholder groups, community residents, council interviews and input from the CSWBAC. At this time, staff plan to undertake another round of community surveys, open houses and stakeholder sessions in order to share the CSWB Draft Plan and receive input. Feedback collected through this exercise will be instrumental in finalizing the plan for council’s consideration and endorsement in Q2, 2024. Once finalized, the CSWB Plan will be published for the public, submitted to the Region of Durham and will be implemented by staff. As community safety and well-being is an integral part of the Pickering Community, staff will continue to work with the Durham Region and the formal framework, as well as finding new ways for the City of Pickering to align plans, through sharing and strategizing for the overall benefit for the City of Pickering community and the Durham Region. Attachments: 1.Community Safety and Well-Being Draft Plan2.Community Consultation Plan Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Laura Gibbs Sarah Douglas-Murray Division Head, Culture & Community Programming Director, Community Services Original Signed By Elaine Knox Community Safety & Well-Being Advisor - 183 - CS 31-23 November 6, 2023 Subject: Community Safety and Well-Being Draft Plan Page 5 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 184 - 1 Pickering Community Safety and Well-Being Plan 2024-2029 Draft November 6, 2023 Elaine Knox Community Safety & Well-Being Advisor City of Pickering Attachment #1 to Report CS 31-23 - 185 - 2 Contents 1.Land Acknowledgment 2. Introduction 3.Durham Region’s Community Safety and Well-Being Plan 4.Pickering Profile 5.Community Consultation 6.Pickering’s Community Safety and Well-Being Team and Leadership 7.Pickering’s Community Safety and Well-Being Plan Priorities 8.Action Plan 9.Reporting on achievements of our plan to Durham Region 10.Appendix A: Definitions 11.Appendix B: Community Safety and Well-Being Planning Framework 12.Appendix C: Community Safety and Well-Being Survey Results - 186 - 3 Land Acknowledgment Acknowledging that 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. Introduction Pickering’s Community Safety and Well-Being (CSWB) Plan will be a guide to growing the community in a manner that supports individual safety and builds on the sense of community found throughout Pickering. The plan addresses needs and gaps, identified by municipal staff, stakeholders, and residents, that currently exist and is adaptable to address new concerns as they arise. Why develop a Community Safety and Well-Being Plan? An approved Community Safety and Well-Being Plan is a legislated requirement for all upper tier Ontario municipalities under the Safer Ontario Act, 2018. As per the Safer Ontario Act, 2018, S.O. 2018, c. 3 – Bill 175, the Community Safety and Well-Being Plan (CSWB Plan) came into enactment in the current Police Services Act, R.S.O. 1990, c. p15. Following an extension due to COVID-19, all municipalities (except lower tier) were to create, and by resolution, adopt a CSWB Plan by July 1, 2021. The Region of Durham CSWB Plan was approved by Regional Council in November 2021. As a lower-tier municipality, the City of Pickering met the legislated mandate as a participant in the Region of Durham’s plan. In two tier municipalities, it is the responsibility of the upper tier to develop and implement the Plan, through the creation of measurable goals and objectives. Lower tier municipalities play an instrumental role to facilitate those efforts. - 187 - 4 On February 25, 2019, Community Services staff were directed by Council to begin work on development of a City of Pickering CSWB Plan, as per Resolution #43/19. The City’s plan will identify strategies to support and help implement the Region’s CSWB and other locally identified issues. Durham Region’s Community Safety and Well-Being Plan Durham Region’s CSWB Plan serves as an umbrella document creating the opportunity for plans and strategies at the regional, municipal and community levels to align. The regional plan creates a formal framework to convene system and sector leaders to share, plan, and strategize together. This includes the involvement of persons with lived experience and the not-for-profit community, which is vital to community safety and well-being. Examples of Risk Factors in Durham Region: •15% of Durham Region students seriously considered attempting suicide, representing approximately 4,000 students (2017) •7,506 low-income applicants were on the Durham Access to Social Housing wait list in 2019 •31% of violent crimes were domestic-related (2020) •54% of mental health related calls to Police resulted in apprehension (2020) •666 visits to the emergency room for opioid poisonings in 2020, which is triple from 231 in 2015 •76% of adults 18+ are worried about their own or household members’ mental health in 2020 •47% of adults who rated sense of belonging as somewhat weak or very weak (2020) •22% of households reported any level of food insecurity (2020) •8.2 years is the average wait time on the DASH (Durham Access to Social Housing) wait list for non-senior singles without priority status. (Durham Region, 2021) The Durham Region CSWB Plan has identified 7 priority risk factors that serve as the focus of the plan: 1.Mental Health75% of Durham Region adults are worried about their own or a household members’mental health and the percentage of people who rate their mental health as fair or poor has been increasing. The percentage of adults 18+ in Durham Region who reportedtheir mental health as excellent or very good decreased from 71% in 2013 to 62% in2019. 2.Substance Use (e.g., cannabis, opioids, alcohol)Emergency department visits for opioid poisonings tripled from 2015 to 2020 and opioid deaths more than tripled in the same period. Geography plays a key role in access toservices for substance use specific programs and access to rehabilitation programs isnot meeting the current demands of the community. It was also noted that people canstruggle with concurrent disorders, both substance use and mental health concerns - 188 - 5 occurring at the same time, and therefore, the importance of understanding the interrelatedness of these priorities was identified. For these reasons, it is important for services to be geographically distributed based on population and community needs. 3.Homelessness & Basic Needs (e.g., no stable housing, inability to meet basic needs, food insecurity)Themes regarding the demand for housing outweighing the local supply, how lack ofhousing impacts service delivery for individuals requiring multiple services, andinterconnectedness of homelessness and other community resources were emphasised throughout engagement sessions. Participants also shared valuable insights on the effects of the pandemic on homelessness and poverty, specifically food insecurity andthe impact on mental health. 4.Criminal Involvement (e.g., gangs, use of guns, other illegal activities)Criminal involvement as a priority risk factor includes gangs, use of guns and other illegal activities. Durham Regional Police took a record 114 illegal guns off the streets in2020, a 50% increase in three years. 5.Victimization (e.g., control and use of threats or violence to exploit another for financialgain, abuse or neglect from a family member or intimate partner). Victimization as apriority risk factor includes, sexual and/or physical assault, domestic violence, human trafficking, and robbery. In 2020, the percentage of violent crime that was domestic-related was at its highest since 2017, and 2020 represented the highest year. 6.Social Isolation (e.g., living alone without support or too far away from services)Social isolation as a priority risk factor includes, hoarding, loneliness, elder abuse, sense of belonging, and live-in support gaps. In late 2020, only 53% of adults 18+ rated their sense of belonging to the local community as strong or very strong in an onlinesurvey compared with over 80% in 2018 and 2019 telephone surveys. Throughout theengagement sessions conducted by the Region, there was consensus that rates ofsocial isolation have increased since the pandemic across all demographics and age groups. Participants also emphasized that the pandemic has elevated the collective understanding of social isolation and how it relates to the other areas of priority. It wasfurther stated that social isolation is about people who are disconnected from theirsupport network, which impacts their sense of well-being. 7.Experiences of Racism (e.g., identify barriers of anti-racist practice)The Regional consultation process amplified the community’s commitment to deliberate and intentional work designed to address racism, specifically anti-Black and anti-Indigenous racism. This work will focus on identifying barriers and other anti-racistpractices. (Durham Region, 2021) - 189 - 6 City of Pickering and the Regional Plan: Where do we fit? The City of Pickering is a lower tier municipality. Each level of government is responsible for providing specific services and can raise money through taxes and/or fees for services. The responsibilities of Municipal governments are set out in the Municipal Act, 2001. The City of Pickering is currently responsible for providing the following services within our local boundaries: • City Development – Building services and planning and design • Maintenance of the local roads and sidewalks, including snow removal • Library services • Fire services • Animal services and municipal law enforcement • Parks • Recreation • Arts and Culture • Economic Development • Property Tax collection • Stormwater management The City of Pickering is one of eight, lower-tier municipalities in Durham Region. A regional government is a federation of the local, lower tier municipalities within its boundaries. Regions are referred to as "upper tier" municipalities and provide services such as: arterial roads; transit; policing; sewer and water systems; waste disposal; region-wide land use planning and development; as well as health and social services. Durham Region is responsible for the following services: • Health services • Planning and Economic Development • Housing services • Children’s services including seven licenced early years centres • Family services including providing professional and accessible counselling, psychotherapy, education, and other support services for people living and working in Durham region experiencing mental health issues • Income and employment support • Long term care and services for seniors • Transit • Police services • Regional road maintenance • Public works including water and waste management - 190 - 7 City of Pickering and the Regional Plan - first steps towards positive collaborations The City of Pickering played a key role as a primary partner in the development of the 2021 Durham Region CSWB Plan. We continue to support the regional plan in the following ways: 1. Since the creation of the Durham Region CSWB Plan, the City of Pickering has reported on City of Pickering CSWB initiatives and provided data and annual reports to the Region. 2. The City of Pickering participates in region-led working groups, steering committees, and regional trainings to create and continue to refine the Regional Plan. This includes the Municipal Working Group, the Durham Region CSWB Steering Committee. 3. In 2023, the City of Pickering formed the City of Pickering CSWB Internal Work Team. This is comprised of staff from several City departments including, Community Services, Corporate Services, Engineering Services, Fire Services, Operations, and Pickering Public Library. 4. In 2023, the City of Pickering formed the Community Safety & Well-Being Advisory Committee. This is comprised of Pickering residents, community stakeholders and a member of Council. 5. City staff continue to attend sessions and development opportunities through the Canadian Municipal Network on Crime Prevention. 6. In 2023, the City of Pickering hired a CSWB Advisor. This position leads the implementation of Pickering’s CSWB Plan. This position leads the Internal Working Team, Advisory Committee, and sits on the CSWB Area Municipal Working Group. Existing City of Pickering Strategies and Corporate Plans The following section provides a summary of Council Approved Plans that align with this CSWB Plan. Recreation and Parks Master Plan (2017) • The City of Pickering Recreation and Parks Master Plan highlights the importance of a strong recreation and parks system, essential to the wellness of each resident living in the community. Parks and programs provide residents with physical, health, psychological, economic, and environmental benefits. Participation in recreation and use of parks enhance opportunities for a healthy lifestyle, as well as facilitating greater cognitive development, self-esteem, social interaction, economic spending, conservation of natural lands, and community vibrancy. The vision outlined in the plan is that– we are active, cohesive, sustainable, and enjoy pride in Pickering through our participation in recreation, parks, and special events. The document contains 77 - 191 - 8 recommended actions. Many of the recommendations align with the CSWB Plan, focusing on greater participation, access and inclusion, physical activity, and community capacity. The Recreation and Parks Master Plan is being updated and will be presented to Council in Q2 of 2024. Pickering Age Friendly Community Plan (2019) • Pickering’s Age Friendly Plan establishes a framework to help older adults maintain their independence and age in place, within their homes and communities for as long as possible. In making improvements to enhance the lives of our older adults, benefits are shared by residents of all ages. The 8 dimensions of an Age Friendly Community include Transportation, Housing, Social Participation, Respect and Inclusion, Civic Participation and Employment, Communication and Information, Community Support and Health Services, and Outdoor Spaces and Buildings. The Plan includes 76 recommended actions that directly relate to the priorities of Pickering’s CSWB Plan. City of Pickering Five Year Accessibility Plan (2021 – 2025) • Under the Accessibility for Ontarians with Disabilities Act (AODA), the City of Pickering is required to develop multi-year accessibility plans. The Accessibility Plan highlights barriers to accessibility more broadly, and with reference to best practices and emergent opportunities, with intent to seek innovative, inclusive solutions. The Accessibility Plan’s areas of priority include City Center accessibility, accessibility partnerships and collaboration, service and support animals, website accessibility, mental and physical wellness, particularly through recreation and sports, parks, playgrounds, pedestrian and cyclist corridors, sidewalks, and trails. This plan advocates on accessible and affordable housing options, accessible transportation, invisible disabilities, community employment opportunities for people with disabilities, and signage and navigation. Many of these priorities align with the CSWB Plan. Pickering Cultural Strategic Plan (2014) • The Cultural Strategic Plan highlights the responsibility for Pickering to establish a vision for the place of arts, culture, and heritage with strategic directions for policy, investment, and City programs. Cultural planning is intended to help the City retain its unique heritage and culture while keeping pace with the demands of the 21st century and globalization. With 6 Strategic Directions, this Plan focuses on instilling diversity, equity, and inclusion in our daily practices. This is essential work to support the CSWB Plan. The 6 Strategic Directions include: o Broaden and Deepen City Leadership and Investment; o Build a Strong and Collaborative Cultural Sector; o Strengthen Culture-led Economic Development; o Conserve and Promote History and Heritage; o Celebrate and Support Diversity and Inclusion; and o Cultivate Opportunities for the Creation, Education, and Enjoyment of the Arts. - 192 - 9 The Pickering Housing Strategy and Action Plan (2021-2031) •The Housing Strategy and Action Plan establishes the City’s role and priorities with facilitating opportunities for developing housing, affordable housing, and age-friendly housing in Pickering over the period of 2021-2031. The plan assists in guidingresidential growth within the City, aids in the education and creation of general publicawareness of what the City is doing on this issue and provides a mechanism to monitorprogress as the City works to implement the action items identified in the Housing Action Plan. Integrated Transportation Master Plan (2021) •The Integrated Transportation Master Plan (ITMP) is a strategic planning documentdesigned to define the policies, programs and infrastructure improvements required toaddress existing and future transportation needs. The ITMP is a critical document in determining the Municipality's objectives of promoting mobility for all modes of transportation improving existing and future transportation infrastructure and supportinga vibrant downtown through a multi-modal network. This plan intersects with the CSWBPlan, as it is designed to help Pickering’s transportation system meet the needs ofpedestrians, cyclists, transit riders, motorists, and goods movement traffic. Upcoming Plans & Strategies, to be presented to Council The following section provides a list of plans that are expected to be presented to Council in late 2023 and 2024 that align with this CSWB Plan. •Corporate Strategic Plan (2023) •Equity, Diversity, & Inclusion Strategy (2023) •Community Climate Adaptation Plan (2024) •Fire Master Plan (2024) •Library Strategic Plan (2024) •Recreation & Parks Master Plan and Arena Strategy (2024) - 193 - 10 Pickering Profile Many data points and statistics can be used to examine Community Safety & Well-Being in a community. While not exhaustive, the following information begins to tell the story about CSWB in Pickering. According to the Durham Regional Police Service Crime Map, there were 452 cases of crime in 2020, 559 cases of crime in 2021, 738 cases of crime in 2022. Of the 1,749 cases of crime from January 2020 to December 2022 the following distribution occurred: 631 assaults 431 auto theft 331 break and enter 157 sexual violations 122 theft 74 robbery 3 homicide (Durham Regional Police Service, 2023) 36.10% 24.60% 18.90% 9.00% 7% 4.20% 0.20% 0.00%5.00%10.00%15.00%20.00%25.00%30.00%35.00%40.00% Assault Auto Theft Break & Enter Sexual Violations Theft Robbery Homicide Crime by Percentage Jan 2020 - Dec 2022 - 194 - Based on 2016 census data, Pickering has a lower-than-average rate of seniors living in isolation. 16.9% of seniors live alone in Pickering (2016), whereas Durham Region has an average of 20.4%, and Ontario has an average of 23.5%. Many seniors living alone are located in Pickering city centre (Durham Region, 2023). Based on 2016 census data, Pickering overall has a lower-than-average number of residents (25.3%) against the Ontario average of 27.7% who spend more than 30% of their income on shelter. Pickering reported the highest number of residents spending more than 30% of their income on shelter costs in Pickering City Centre, with 35.8% of residents in this category (2016). This was the highest in Durham Region (Durham Region, 2023). In 2021, with data from the Local Health Integration Network (LHIN), Pickering still reports a high number, with Pickering City Centre at 36.31%, of residents spending more than 30% of their income on shelter. The Frenchman’s Bay neighbourhood was reported at 25.55% (2021). This compares with Downtown Oshawa at the highest in Durham region with 48.59% of the residents spending more than 30% of income on shelter (Central East Local Health Integration Network, 2021). 16.9% 20.4% 23.5% 0.0%5.0%10.0%15.0%20.0%25.0% Pickering Durham Region Ontario Seniors Living Alone, 2016 36.31% 25.55% 48.59% 0.00%10.00%20.00%30.00%40.00%50.00%60.00% Pickering City Centre Frenchman's Bay Downtown Oshawa Residents spending 30%+ Income on Housing - 195 - 12 Based on data from 2014 to 2018 and based on the number of emergency department visits for those aged 10 to 24, per 10,000, showed that Pickering had the second lowest per-capita rate in Durham Region at 21.8 per 10,000. Oshawa had the highest rate at 47.8 per 10,000. The Durham Region average was 33.3 and Ontario is 33.9 per 10,000. Pickering did not have any priority neighbourhoods for this health measure from 2014 to 2018 (Canadian Institute for Health Information, 2023). According to the LHIN), Pickering City Centre had 0.55 per 1,000 visits to the emergency department due to Opioid abuse. The Frenchman’s Bay neighborhood has 0.59 per 1,000; Pickering North and Dunbarton census areas had not enough to report (nil) (Central East Local Health Integration Network, 2021). 21.8 47.8 33.3 33.9 0.0 10.0 20.0 30.0 40.0 50.0 60.0 Pickering Oshawa Durham Region Ontario Emergency Visits (aged 10-24, per 10,000) - 196 - 13 Community Consultation As per Resolution#59/23, the City of Pickering has formed a CSWB Advisory Committee. The CSWB Advisory Committee (CSWBAC) will identify and coordinate opportunities for stakeholder and community engagement and provide community input on matters relating to the City of Pickering CSWB Plan. The CSWBAC will also assist City staff with the development, consultation, and implementation of the City of Pickering CSWB Plan. In 2021, the City of Pickering the Pickering Anti-Black Racism Taskforce, conducted a survey to understand perceptions of racism and individual experiences of racism to inform an Action Plan for the City. The survey resulted in 225 responses. • 64% of respondents expressed a lack of diversity in advocacy and leadership • 62% expressed Pickering has inadequate culturally relevant programming • 23% felt there was an assumption of criminality while in public • 41% said there were experiences of racism in obtaining/retaining housing The outcome of the survey requested that the City diversify and promote inclusive leadership, address systemic bias, and encourage community dialogue on Anti-Black Racism. In 2023, the City of Pickering sought community feedback on diversity, equity, and inclusion to help shape an Equity, Diversity, and Inclusion Strategy. Once finalized, it will work in tandem with the CSWB Plan. In 2023, the City of Pickering sought community feedback to better understand community health, safety, and well-being priorities to shape the development of this plan. Phase 1: Community Consultation Survey For the month of July and early August, community engagement and outreach were conducted on 14 different dates including through Recreation & Community Centres, Pickering Public Library, Community Listening Session, Canada Day, DARS Gifts from the Heart engagement sessions, Summer Reading Club Launch Party, Youth Drop In, Pickering Town Centre, Pickering Farmer’s Market, and through digital outreach and survey link sharing. The survey resulted in 332 respondents. Below are key themes that emerged: • The most important priority for respondents was creating safe and welcoming neighborhoods. • Between 95-99% of respondents felt the following initiatives were very important for community safety and well-being: • Feeling safe walking home in your community. • Having safe park trails that are clean, tidy, and well-cared for to promote healthy living. • Between 90-95% of respondents felt the following initiatives were very important for community safety and well-being: - 197 - 14 • Local access to health services. • Access to nutritious foods. • Safe playgrounds. • Feeling safe driving in the community. Appendix C provides a more detailed summary of survey results. Phase 2: Focused Community Consultation Phase 2 of the Community Consultation will allow residents the opportunity to review this draft plan and provide additional feedback in advance of the plan being finalized. In Q4 of 2023, consultation of Advisory Committees & Task Force Engagement Sessions will commence. In Q1 of 2024, further community engagement will be provided via Open Houses, Stakeholder Engagement Sessions and Staff Information Sessions. Pickering’s Community Safety and Well- Being Team and Leadership: The Community Safety and Well-Being Advisory Committee (CSWBAC) formed in June of 2023. The City Council passed Resolution #127/23, #128/23 to establish the Community Safety and Well-Being Advisory Committee and approved the Terms of Reference for the committee. Terms of Reference: The Community Safety and Well-Being Advisory Committee (CSWBAC) will identify and coordinate opportunities for stakeholder and community engagement and provide community input on matters relating to the City of Pickering CSWB Plan. The CSWBAC will also assist City staff with the development, consultation, and implementation of the City of Pickering CSWB Plan. The Committee will develop Terms of Reference for a Homelessness Task Force that will work in co-ordination with Durham Region to look at how best to address the needs of the homeless population to include services for mental health, substance abuse and the creation of transitional/supportive housing in Pickering. Responsibilities Pickering City Council • One City Councillor will sit on the CSWB Advisory Committee; • Approve annual funding in support of CSWB actions in the Capital and Current budget; and • Act as an advocate for CSWB in the City of Pickering. - 198 - 15 CSWB Advisory Committee •Discuss and advise on initiatives that will help achieve the objectives of Pickering’s CSWB Plan; •Track concerns from the community, and offer solutions where needed; •Report on achievements and recommended solutions in an annual report to Council; •Review and discuss CSWB initiatives; and •Provide consultation on initiatives led by the City of Pickering Internal Working Group. CSWB Internal Working Group •Lead staff teams that implement current and future projects that support CSWB; •Participate in annual planning, review and reporting on initiatives to support Durham Region CSWB Plan; •Advise on Terms of Reference and Pickering-specific CSWB goals; and •Consult with the CSWB Advisory Committee on new initiatives. CSWB Advisor •Ensure implementation of initiatives and measures of success; •Report on desired outcomes vs. actual outcomes; •Facilitate conversations with CSWB Internal Working Group; •Participate in CSWB Advisory Committee; and •Represent Pickering in Durham Region CSWB Team. Pickering’s Community Safety and Well- Being Priorities: In the development of this plan, seven areas have been identified as priorities. Each area outlines numerous examples of current programs and initiatives that the City of Pickering currently provides. The Action Plan, in the subsequent section, outlines future projects or initiatives to be undertaken for each of these priority areas. Priority 1: Community Vitality; create a sense of belonging with residents through targeted initiatives like volunteer programs, programs targeting social isolation, and programs and events that support socialization and community pride. Examples of existing City of Pickering programs that contribute to community vitality include: •Seniors Centre without Walls program, community centres designated as Seniors Active Living Centres, Seniors Social events. •Large scale free events (Canada Day, Art Fest, Cultural Fusion, Winter Nights) •Community Grant and Environmental Schools Grant programs - 199 - 16 •Pickering’s Volunteer Program (Advisory Committees, PAC4Teens, Teen Advisory Group, Children’s Program Assistant) •Free programs like Pickering Library’s English Conversation Circle, Book Clubs, Free Teen programs like volleyball and basketball •Free environmental events (Take Pride in Pickering tree planting, Bird Watching for Beginners, Bring Back the Salmon) •Books+ Express Program (At Home Library Services) Priority 2: Learning, education, and creative communities; create opportunities for residents to learn about community safety and well-being and contribute to solutions in creative ways. Examples of existing City of Pickering programs that contribute to learning, education and creative communities include: •Seniors Spotlight Series •Pickering Anti-Black Racism Taskforce Youth Academic Engagement Strategy •Fire services public education campaigns (Emergency Preparedness Week, Fire Prevention Week, Carbon Monoxide Awareness Week, 12 Days of Holiday Safety •City of Pickering's Earth Month workshops, webinars, and events •Connect volunteers with community opportunities •Free Library Access (Maker Space, software, knitting, poetry, well-being) Priority 3: Create safe and welcoming neighbourhoods; by creating safe, clean, attractive, and welcoming spaces. Park design, neighbourhood beautification, safe trails that promote healthy living, public art, spaces that promote healthy lifestyles (outdoor gym or hiking trails), lighting and cameras, and road safety. Examples of existing City of Pickering programs that contribute to safe and welcoming neighbourhoods include: •Interpretive signs throughout various parks about for example, forest bathing, pollinator- friendly plants, trees, natural spaces, etc. •Pickering’s rainbow pedestrian crosswalk at North Esplanade, celebrating LGBTQ2S inclusion •Community Garden Policy (Urban Agriculture) •Community beautification programs e.g., Park Stewardship Program, 20 Minute Makeover, Litter & Plastics Challenge •Creation of 14 pollinator-friendly gardens and participation in Mayors' Monarch Pledge •Accessible Playgrounds •Provision of security cameras in facilities, parks, and pathways •Neighborhood Watch (current re-structure pending DRPS guidance) •Snow clearing •Road signage and trail lighting •Streetlighting and Automated Speed Enforcement (ASE) cameras - 200 - 17 Priority 4: Physical Health and Mental Wellness; through community spaces like community centres, community gardens, and programs that support physical and mental health. Examples of existing City of Pickering programs that contribute to physical health and mental wellness include: •Ongoing recreation programs that promote positive physical health (Dance, Art, Music, Pickleball) •Chestnut Hills Developments Recreation Complex Health and Fitness facilities and memberships •Outdoor gym circuit at St. Mary's Park •Fire Services safety outreach and programming •Providing access to fresh local food and supporting small businesses at Pickering City Centre Farmers' Market •Municipal Law Enforcement Officer (MLEO)’s visibility in the community (parks, commercial properties, waterfront) Priority 5: Improve living standards in Pickering; including attracting businesses to bring new jobs to Pickering, making programs and services accessible to all residents regardless of income through low cost, subsidized or free programs and services, supporting food security through targeted programs. Examples of existing City of Pickering programs that contribute to improved living standards include; •Actions to support urban agriculture e.g., Valley Plentiful Community Garden 55+ Plot to Plate community garden program at George Ashe Integrated Sustainable Design Standards •Sustainable Pickering programs and initiatives •Affordable Access Policy •Job Attraction Program •Library programs and services Priority 6: Support basic needs; including access to nutritious food, shelter and personal care/hygiene products and services through programs and services. Examples of existing City of Pickering programs that contribute to supporting basic needs include: •Shower access at Pickering community centres, in partnership with Dar’s Gift from the Heart •Overnight Warming & Cooling Centres in Pickering community centres •Wellness Checks for housing insecure residents •DARS (Dedicated Advocacy Resource Support) weekly program at the Central library. - 201 - 18 •Free Youth Prom Boutique to provide donated formal wear to Pickering youth for events such as graduation, prom, job interview, family event, etc. Priority 7: Promote Inclusion, Diversity and Equity with safe community spaces, programs, events, and community expression. Examples of existing City of Pickering programs that contribute to inclusion, diversity and equity include: •City Hall Flag Raisings in support and celebration of our diverse community •Pickering’s Indigenous Relationship Building Action Plan •Pickering’s Anti-Black Racism Taskforce •Library’s Anti-Black Racism Working Group & Anti-Black Racism Youth Subcommittee •Creation of a City of Pickering Equity, Diversity, and Inclusion Plan - 202 - 19 Action Plan for Pickering The following action plan has been developed with input from the CSWB Advisory Committee, Internal Working Team, and Community Consultations. Once presented to Council, this Draft Plan will be available for further community input prior to finalization in early 2024. Initiatives have been developed for the next 60 months. Annual reporting will ensure transparency and accountability to residents. Funding for the initiatives, outlined below, will be included in the 2024 to 2029 Current and Capital Budgets for Council Consideration and approvals. Legend: Initiatives can be started immediately with demonstrated results within 18 months. Initiatives can be started within 18 months, with demonstrated results within 18 to 36 months. Additional resources are required to undertake this initiative. Initiatives are dependant on securing additional resources, which includes staff and budget. Demonstrated results are expected within 12 to 24 months after starting this initiative. This initiative can be undertaken with existing resources. This initiative requires some additional resources including additional staff or budget. Demonstrated results can be achieved for less than $5,000 in staffing or budget annually, or less than $25,000 in one-time project funding. This initiative requires additional resources including additional staff or budget to start. Demonstrated results require more than $10,000 in staffing or budget annually, or more than $25,000 in annual project funding. - 203 - 20 1.Community Vitality Objective: Create a sense of belonging with residents through targeted initiatives like volunteer programs, programs targeting social isolation, or programs and events that support socialization and community pride. Action Link to Regional Plan Time Cost 1.1 Increase access and opportunities to participate in the City of Pickering Volunteer Program Social Isolation Mental Health 1.2 Expand services and programs that provide recreation, culture, and library services to isolated residents Social Isolation Mental Health 1.3 Undertake community consultation and data collection to understand where social isolation is highest to underserved and how to better serve isolated residents. Social Isolation Mental Health 1.4 Expand Culture, Recreation, Sustainability and Library services, programs, and events to underserved communities, specifically rural and newly developed neighbourhoods including Seaton. Social Isolation Mental Health 1.5 Undertake community consultation and data collection to better understand the challenges facing Pickering’s youth as it relates to sense of belonging and social isolation. Social Isolation Mental Health 1.6 Support DRPS with ongoing Neighborhood Watch initiatives. Criminal Involvement Victimization 2.Learning, Education and Creative Communities Objective: create opportunities for residents to learn about community safety and well-being and contribute to solutions in creative ways. Action Link to Regional Plan Time Cost 2.1 Partner with Regional Providers to provide community safety, health and well-being training to the community that aligns with Durham Region’s 7 Priority areas. Examples include information sessions about 211, Durham’s shelter program, and the Food Bank. Mental Health Substance Use Homelessness & Basic Needs Criminal Involvement Victimization Social Isolation Experiences of Racism - 204 - 21 Action Link to Regional Plan Time Cost 2.2 Provide community safety, health and well-being training to the community that supports active, vibrant, and liveable communities. Examples include water safety, nutrition, active living, financial literacy, and climate emergency preparedness. Mental Health Substance Use Homelessness & Basic Needs Criminal Involvement Victimization Social Isolation Experiences of Racism 2.3 Train City of Pickering and Library staff in community safety, health, and well-being initiatives to equip staff to refer community members to appropriate regional services and provide enhanced level of service to Pickering residents. Mental Health Substance Use Homelessness & Basic Needs Criminal Involvement Victimization Social Isolation Experiences of Racism 2.4 Partner with Regional Providers to include community health, safety and well-being services in City of Pickering facilities and programs. Examples include exploring arrangements/agreements that would establish regular drop-in hours for Durham Community Health Centre, Social Services at Pickering community centres. Mental Health Substance Use Homelessness & Basic Needs Criminal Involvement Victimization Social Isolation Experiences of Racism 2.5 Establish a youth-specific strategy to create opportunities for Pickering youth to learn about community safety and well-being and create opportunities for youth to contribute to solutions to improve community safety and well-being. Mental Health Substance Use Criminal involvement Victimization Social Isolation Experiences of Racism 2.6 As per Pickering Council Resolution #235/23, provide community and City staff training on Intimate Partner Violence and information to help provide support and resources to victims of intimate partner violence. Criminal Involvement Victimization 2.7 Provide fire safety programs and public education campaigns for resident learning opportunities (Adopt a School, Learn Not to Burn, The Arson Prevention Program for Children, Get Real Pickering, Older and Wiser, After the Heat) Mental Health - 205 - 22 3.Create safe and welcoming neighbourhoods Objective: by creating safe, clean, attractive, and welcoming spaces. Park design, neighbourhood beautification, safe trails that promote healthy living, public art, spaces that promote healthy lifestyles (outdoor gym or hiking trails), lighting and cameras, and enhanced road safety using elements such as streetlighting and cameras. Action Link to Regional Plan Time Cost 3.1 Provide opportunities for residents to participate in community cleanup, litter challenges, Garden of Distinction programs and Park Stewardship programs Social Isolation Mental Health 3.2 Expand Pickering’s security camera program in parks, community centres and public spaces to prevent criminal activity and reduce victimization. Criminal Involvement Victimization 3.3 Create new and existing public spaces that encourage residents and visitors to gather and socialize, while enhancing community safety, health, and well-being. Examples include installation of more benches, shade structures and lighting along outdoor trails. Social Isolation Mental Health 3.4 Enhance public spaces to highlight and improve community safety and well-being through public art, interactive displays and community-led art. Examples include Pickering’s Reflection Garden at Esplanade Park that supports mental health and well-being and the rainbow crosswalk that celebrates inclusion. Social Isolation Mental Health Experiences of Racism 3.5 Improve road safety with enhanced pedestrian crosswalks with additional signage, painted crosswalk murals, connected and safe bike lanes. Criminal Involvement Victimization 3.6 Improve road safety, in collaboration with our Integrated Transportation Master Plan. Some examples include Automated Speed Enforcement traffic camera program, implementing additional Radar Speed Board signage, converting existing streetlighting infrastructure from HPS to LED, introducing Traffic Calming measures, participating (with Ajax) in the Road Watch program, facilitating residents with the Slow Down Sign Campaign, and adding cycling facilities. Criminal Involvement Victimization - 206 - 23 Action Link to Regional Plan Time Cost 3.7 Participation in Durham Vision Zero and Road Safety Action Plan initiative. Criminal Involvement Victimization 3.8 Consult with youth to improve Youth-dedicated spaces in City of Pickering community centres and public spaces. Update the Youth Space at George Ashe Community Centre to better serve youth. Social Isolation Mental Health 3.9 Develop community safety signage and lighting integration in new City developments (roads, parks, trails), underground cabling in new spaces. Mental Health Victimization 4. Physical Health and Mental Wellness Objective: through community spaces like community centres, community gardens, libraries, and programs that support physical and mental health Action Link to Regional Plan Time Cost 4.1 Provide health and wellness training and support to City of Pickering staff through the Wellness Committee Mental Health 4.2 Assess Pickering’s resident’s ability to access City of Pickering culture, recreation services, programs and events and create opportunities to improve access through subsidy programs, pricing, grants, free programming, and increased offerings of high-demand programs. Social Isolation Mental Health 4.3 Develop and expand programs that promote food security for Pickering residents including community gardens, webinars/events about learning to grow food and programs that promote healthy eating and cooking. Basic Needs Social Isolation 4.5 Complete the City of Pickering Recreation and Parks Master Plan update to enhance quality of life through a strengthened parks and recreation system. This includes community consultation that will inform the development of new community facilities and maintenance and use of existing facilities. Social Isolation Mental Health - 207 - 24 Action Link to Regional Plan Time Cost 4.6 Complete the City of Pickering Arena Strategy to inform the development of new arenas in Pickering and maintenance and use of existing ice pads. Social Isolation Mental Health 4.7 As per Council Resolution #34/22, undertake the expansion of community gardens, with emphasis on nutritious eating and food security. Homelessness & Basic Needs Mental Health 4.8 Develop and partner with community stakeholders to support community listening sessions and workshops for traumatic community events. (DRPS, Durham Community Health Centre, Sports Associations, School Boards) Mental Health Victimization Criminal Involvement 4.9 Implementation of new nuisance by-law to allow Municipal Law Enforcement Officers to address various circumstances (intoxication, fighting, property damage, aggression) Mental Health Victimization Criminalization 5. Improve Living Standards Objective: attracting businesses to bring new jobs to Pickering, making programs and services accessible to all residents regardless of income through low cost, subsidized or free programs and services, supporting food security through targeted programs Action Regional Plan Link Time Cost 5.1 Increase promotion and outreach efforts for the snow clearing program for seniors and people living with a disability Social Isolation Victimization 5.2 Implement the City of Pickering Housing Strategy to support a supply of suitable (as it relates to the size of the household), adequate (as it relates to physical condition), and affordable (as it relates to household income) housing for all ages and abilities within its jurisdiction. This also ensures that the City meets the housing needs to support a diverse workforce. Continue to implement the action items listed in the City of Pickering Housing Plan 2021 – 2031 Experiences of Racism - 208 - 25 Action Link to Regional Plan Time Cost 5.3 Enhance accessibility throughout the City of Pickering though actions listed in the Accessibility Plan (2021 – 2025). Examples include fulfilling requests for accessible pedestrian signals and installing them with all new traffic signals and replacements of existing traffic crossing signals; installing tactile walking surface indicators at all corners; and, incorporating accessibility into new builds and significant renovations for facilities, parks, playgrounds, and trails. Social Isolation Victimization 5.4 Investigate and assess participation in the Durham Region Physician Recruitment Initiative to attract more physicians to practice in Pickering Mental Health Victimization 5.5 Facilitate Job Attraction program, through Economic Development, to promote employment in Pickering. Homeless and Basic Needs Mental Health 5.6 Enhance employment workshops (Job Fairs, Interview Skills, Public Speaking, Professional Software), facilitated through the library. Homelessness and Basic Needs Mental Health 5.7 Participate and provide support during creation and implementation of Durham Regional Police Encampment Strategy Homelessness and Basic Needs 6. Support Basic Needs Objective: including access to nutritious food, shelter and personal care/hygiene products and services through programs and services. Action Regional Plan Link Time Cost 6.1 Support basic needs with access to showers and basic hygiene products in City of Pickering community centres. Homelessness and Basic Needs 6.2 Participate in the Hope’s Cradle program at Fire Hall No.2 providing safe surrender site for infants, while providing a listing of resources for those surrendering infants. Victimization Criminal Involvement - 209 - 26 Action Link to Regional Plan Time Cost 6.3 Develop City of Pickering procedures to ensure equity and inclusion for vulnerable populations. Examples include wellness checks for those who are unsheltered, shower access procedures, and safe removal of encampments. Homelessness and Basic Needs 6.4 Support basic needs with warming and cooling shelters at City of Pickering community centres and Libraries during extreme hot and cold days. Homelessness and Basic Needs 6.5 Provide provisions for overnight shelters for those who are unsheltered at City of Pickering community centres. Homelessness and Basic Needs 6.6 In partnership with DARS, provide lunch services at City of Pickering facilities including City Hall and the Pickering Public Library. Homelessness and Basic Needs 6.7 As per Council Resolution #218/23, support urban agriculture initiatives to reduce grocery cost and increase food security (gardens, parks, balconies, schools, educational webinars/events, and toolkits) Homelessness and Basic Needs Mental Health Social Isolation Physical Health and Mental Wellness 7. Promote Inclusion, Diversity and Equity Objective: with safe community spaces, programs, events, and community expression. Action Regional Plan Link Time Cost 7.1 Undertake community consultation to understand what initiatives the City can undertake to improve inclusion, diversity and equity. Create an equity, diversity, and inclusion strategy. Experiences of Racism 7.2 Continue work with advisory committees and taskforces that can help advise on diversity, equity, and inclusion initiatives. Examples include the Accessibility Advisory Committee, Pickering Anti Black Racism Taskforce and Indigenous Relationship Building Circle. Experiences of Racism 7.3 Create opportunities for racialized residents to contribute to human-centred design in programming, services, and training. Experiences of Racism - 210 - 27 Reporting & Evaluation •An Annual Report will be developed for presentation to the CSWB Advisory Committee at their last scheduled meeting of the year. The report will then be presented to City of Pickering Council and posted on the CSWB webpage. A copy will be shared with the Region of Durham. •The Community Safety & Well-Being Advisory Committee will present an Annual Work Plan to City of Pickering Council. This Work Plan will outline the formal road map for that year. It will clearly articulate the required steps, objectives, and measurable deliverables that can be transformed into concrete actions. •The Community Safety & Well-Being Advisor will ensure effective bi-lateral communication between Internal Working Team, Advisory Committee, and Durham Region Municipal Working Group. Links: Durham Region Community Safety and Well-Being Plan City of Pickering Housing Strategy Age Friendly Plan Recreation and Parks Master Plan Cultural Strategic Plan Pickering Accessibility Plan PABRT Annual Work Plan Integrated Transportation Master Plan Pickering Housing Strategy & Action Plan References Canadian Institute for Health Information. (2023). Emergency and ambulatory care. Retrieved from Canadian Institute for Health Information: https://www.cihi.ca/en/topics/emergency-and-ambulatory-care Central East Local Health Integration Network. (2021, June). Sub-region Profiles for Central East LHIN. Retrieved from Central East LHIN: https://srp-main-centraleastlhin.opendata.arcgis.com/ Durham Region. (2021, November). Durham Region Community Safety and Well-Being Plan . Retrieved from Durham Region: https://www.durham.ca/en/regional-government/resources/CSWB-Plan/Council- Endorsed-CSWB-Plan---November-24-2021.pdf Durham Region. (2023). Health Neighborhoods. Retrieved from Durham Region: Health and Wellness: https://www.durham.ca/en/health-and-wellness/health-neighbourhoods.aspx Durham Regional Police Service. (2023, July 9). Crime Map. Retrieved from Durham Regional Police Service : https://app.powerbi.com/view?r=eyJrIjoiZjcyY2IwMDQtYjA5Ny00M2Y4LWI3M2MtZDg3MmIzMDU2ZGNjIi widCI6IjBjMDAzOWI5LTQ2ZWEtNDNiOS04MDgwLTNjNTUwNTg1OWI2YSJ9 - 211 - 28 Appendix A: Definitions Mental Health Refers to a state of mental well-being where individuals can cope with stress, learn productively, and contribute to their community. Mental health strategies, municipally, include program development through recreation, volunteering to create a sense of belonging, providing beautified spaces for inclusive rest and relaxation in the community. Substance Use Refers to use of substances consumed, injected, smoked, or absorbed in the body. These substances generally lead to dependence and deterioration of the body. Substance use strategies, municipally, will include education, training, awareness, and strength in community partnerships. Homelessness & Basic Needs Refers to the issues in lack of housing resources, lack of food security, and/or struggles to have basic needs met. Municipal strategies include employment programs, wellness checks, housing strategies, community development in food gardening, and expansion of food security programs. Criminal Involvement Refers to individuals involved in committing crimes. Municipal strategies include training and development, providing youth voices and opportunities to contribute to community safety, road safety, safe surrender sites, and enhancement of crosswalks supporting safe travel. Victimization Refers to the act of being targeted for unjust treatment. Strategies to reduce victimization, municipally, include enhancing accessibility efforts, expanding traffic and parks camera programs, addressing Intimate Partner Violence strategies, and developing community partnerships for access and support to appropriate resources. Social Isolation Refers to the state of feeling alone with lack of social contact or support. Municipal strategies include better access to recreation and library services, program affordability, creation of social spaces, and snow clearing for vulnerable residents. Experiences of Racism Refers to the process where systems and actions create inequities for individuals based on race. Municipal responsibilities include identifying barriers, creating municipal strategies to promote DEI (diversity, equity, and inclusion), engaging the community to ensure human-centred design. Inclusion Refers to the practice or policy of enhancing equal access to opportunities and resources, especially for those who may otherwise be excluded or vulnerable. - 212 - 29 Appendix B: Community Safety and Well-Being Planning Framework The Ontario government has provided an extensive Planning Framework here: https://www.ontario.ca/document/community-safety-and-well-being-planning-framework- booklet-3-shared-commitment-ontario/section-2-community-safety-and-well-being-planning. The Framework highlights 4 areas for focus when planning Community Safety & Well-Being. These will ensure local plans are as efficient and effective in making communities safer and healthier: 1. Social development 2. Prevention 3. Risk intervention, and 4. Incident response - 213 - 30 Appendix C: Community Safety & Well- Being Survey Results Respondents 332 % of Residents who live in Pickering 94% The Community Safety & Well-Being Survey was created for residents to rank and rate various priorities and action items to be included in the above Draft Plan. This signifies where more imminent action needs to be taken for our community to feel supported and heard within the umbrella of Community Safety & Well-Being. When asked in the first section to rank priorities, residents were asked to rank 1 through 9. 1 being the most important priority to them, and 9 being the least. The lower the average rank, the more important the community felt this priority was. Ranking of Priorities Options Average Rank To live in a clean, safe, attractive, and welcoming community with safe trails, walkways, public art, well-lit spaces, and spaces that promote healthy lifestyles (Create safe and welcoming neighborhoods) 3.09 To have access to recreation, fitness and leisure programs, community gardens, and programs that support physical and mental wellbeing (Physical Health and Mental Wellness) 4.3 To reduce local crime and victimization (Improve individual safety and security) 4.47 To improve living standards by attracting new jobs and businesses to Pickering; providing education on financial literacy, attracting more physicians to Pickering, rental and affordable housing strategies (Improve living standards) 4.86 To know how to find resources for things like mental health, safety, victimization, crime prevention, physical wellbeing, and substance use (Learning, education, and creative communities) 5.06 To feel a sense of belonging to my community by participating in neighborhood initiatives, volunteering, or programs (Community Vitality) 5.49 - 214 - 31 To provide services and resources to those experiencing homelessness, substance use, or food insecurity (Support basic needs) 5.51 To increase road safety for pedestrians, cyclists, motorists, and vehicle passengers 5.73 To develop programs, committees, taskforces, and trainings to combat local racism, homophobia, and xenophobia (Promote Inclusion, Diversity and Equity) 6.48 Priority 1: Community Vitality Initiatives Options # of Respondents, Very Important & Important % of Total Responses Have opportunities that connect me with others in my neighborhood (Neighborhood Watch, Street Parties, knowing my neighbors) 192 57.8% Belong to a recreational, cultural, or social group or association 179 53.9% Have opportunities to volunteer in the community 171 51.5% Have opportunities to celebrate holidays, events, or special occasions with my neighbors 170 51.2% Belong to a neighborhood group or association 154 46.4% Priority 2: Learning, Education, and Creative Communities Options # of Respondents, Very Important & Important % of Total Responses Know about Crime Prevention initiatives 270 81.3% Learn about mental health and how to support you or a friend/family members’ mental health 228 68.7% Know about the City of Pickering Housing Strategy 202 60.8% Learn about local resources and programs to combat social isolation 199 59.9% Learn about local resources and strategies to support those struggling with substance use 170 51.2% Know about the Pickering Anti-Black Racism Task Force initiatives 158 47.6% - 215 - 32 Priority 3: Create Safe and Welcoming Neighborhoods Options # of Respondents, Very Important & Important % of Total Responses You feel safe walking home alone in your community 322 97.0% The City has public spaces that are clean, tidy, and well cared for 320 96.4% The City monitors public spaces with cameras, or provides security 283 85.2% The City has public spaces that allow people to gather and celebrate 276 83.1% The City celebrates and displays diverse public art 187 56.3% Priority 4: Physical Health and Mental Wellness Options # of Respondents, Very Important & Important % of Total Responses You have local access to health services 312 94.0% You have access to nutritious food 306 92.2% The City provides safe playgrounds and trails for families to experience 302 91.0% You have fair access to recreation facilities (both indoors and out) 298 89.8% You have fair access to recreation programs (swimming, arts, sports, special interest, camps, etc.) 291 87.7% Youth have designated safe spaces in recreation facilities 271 81.6% The City provides programs that teach self-sufficiency farming and sustainability 194 58.4% Priority 5: Improve Living Standards Options # of Respondents, Very Important & Important % of Total Responses Snow clearing is prioritized for seniors and people living with disabilities 296 89.2% The City supports the efforts of organizations providing food security programs 272 81.9% WIFI is easily accessible in City spaces, and for borrow (Wi-Fi Hot Spots) 255 76.8% You can learn about financial literacy 176 53.0% You have access to employment workshops and job fairs 175 52.7% - 216 - 33 Priority 6: Support Basic Needs Options # of Respondents, Very Important & Important % of Total Responses Overnight shelters are available in Pickering during extreme weather conditions 265 79.8% Wellness checks are coordinated for those who are unsheltered 254 76.5% Access to showers is provided for those who are housing insecure 245 73.8% Priority 7: Promote Diversity, Equity, and Inclusion Options # of Respondents, Very Important & Important % of Total Responses People from all backgrounds are valued and respected in Pickering 298 89.8% You feel safe to voice your opinions, and feel heard, in City spaces 277 83.4% You feel represented in your community. 243 73.2% Culturally relevant programming reflects the diversity of our City 232 69.9% The City has an Equity, Diversity, and Inclusion Plan 230 69.3% Anti-Racism training and resources are mandated for City staff 223 67.2% Anti-Racism training and resources are offered to the public 199 59.9% An Anti-Racism & Anti-Oppression (ARAO) framework is created by the City 195 58.7% Priority 8: Improve Individual Safety and Security Options # of Respondents, Very Important & Important % of Total Responses You feel safe walking in your community 317 95.5% You feel safe driving in your community 306 92.2% You feel safe riding your bike in your community 288 86.7% The City provides access to public training on health and safety (CPR, Naloxone). 261 78.6% The City's Customer Care staff can refer residents to resources that align with the 7 pillars of community safety and well-being 254 76.5% The City provides workshops on Cyber safety and security 206 62.0% - 217 - 34 What Community Safety & Well-Being initiatives do you want to learn more about? Options # of Respondents % of Total Responses Mental Health 226 68.1% Criminal Involvement 191 57.5% Homelessness & Basic Needs 162 48.8% Social Isolation 137 41.3% Experiences of Racism 110 33.1% Victimization 107 32.2% Substance Use 78 23.5% How do you want the City to communicate this information with you? Options # of Respondents % of Total Responses Email / enews 242 72.9% City website 182 54.8% Social media 137 41.3% Online (virtual) Neighborhood meetings / community consultations 94 28.3% In person Neighborhood meetings / community consultations 93 28.0% Printed materials in community centres 82 24.7% I spend more than 50% of my income on Housing Options # of Respondents % of Total Responses FALSE 176 54.2% TRUE 149 45.8% I have children under 18 living at home Options # of Respondents % of Total Responses FALSE 216 65.1% TRUE 116 34.9% - 218 - 35 Age Options # of Respondents % of Total Responses 30-49 118 35.5% 50-64 90 27.1% 65+ 88 26.5% 18-29 27 8.1% Under 18 9 2.7% Ethnic/Racial Background Options # of Respondents % of Total Respondents White (including, but not limited to British, Italian, German, French Russian, South African, Argentinian, and Brazilian) 154 46.4% Asian - South / East Indian / Indo-Caribbean (including but not limited to Indian, Pakistani, Sri Lankan, Tamil, Guyanese, Trinidadian, and Kenyan) 62 18.7% Mixed racial origin (i.e., with parents in multiple groups identified above, regardless of place of birth) 21 6.3% Black / African (including, but not limited to Afro- Caribbean, South African, Nigerian, Ghanaian, Jamaican, Guyanese, and Trinidadian) 18 5.4% I prefer not to answer 14 4.2% Middle Eastern, West Asian, or North African (including, but not limited to Iranian, Armenian, Afghan, Iraqi, Lebanese, and Moroccan) 13 3.9% Asian - East (including, but not limited to Chinese, Japanese, Korean, Taiwanese, and Mongolian) 11 3.3% Asian - Southeast (including, but not limited to Filipino, Vietnamese, Cambodian, Indonesian, and Malaysian) 11 3.3% Pacific Islander (including, but not limited to Fijian, Hawaiian, Maori, Polynesian, and Samoan) 11 3.3% Prefer to describe; please indicate your racial identity if you do not see yourself reflected above. 7 2.1% Indigenous to Turtle Island (including, but not limited to First Nation, Metis, and Inuit) 5 1.5% Latino or Hispanic (including, but not limited to Colombian, Ecuadorian, Peruvian, Mexican, Salvadorian, including central and South American Indigenous peoples) 5 1.5% I don't know 2 0.6% - 219 - 1 Consultation Plan June 2023 Elaine Knox Community Safety & Well-Being Advisor City of Pickering Table of Contents Attachment #2 to Report CS 31-23 - 220 - 2 1. Introduction 2.Guiding Principles 3. Objectives 4.Target Audiences 5.Consultation Plan 6.Communications Overview 7.Appendix 1: Phase 1 Survey Consultation 8.Appendix 2: Phase 2 Community Consultation 9.Appendix 3: CSWB Survey Results 1.Introduction This consultation plan will guide the creation and finalization of the Pickering Community Safety and Well-Being (CSWB) Plan. The plan identifies each consultation method and engagement activity proposed to be undertaken, its intended purpose, target audience, proposed format, and suggested timing. The goal of the Consultation Plan is to ensure that a well-rounded cross section of the community is engaged in the planning process. 2.Guiding Principles Inclusivity – This engagement strategy will seek perspectives from all manners of stakeholder groups with an interest in the proposal in a way that is accessible and meaningful, regardless of age, gender identity, ability, ethnicity, religion, socio-economic status, language skills, or other identities. Accountability + Clarity – This engagement strategy is committed to being clear and timely in its communications with the public, partners, and City staff using plain language, and in multiple communication formats (online, by phone, in person, and through Internal Working Groups & Advisory Committees). Transparency – Engagement processes should and will be transparent. Consultation should be recorded and made available to the public in a timely manner, clearly indicating how feedback affected the CSWB Plan. Openness – This engagement strategy has been designed so that it can be flexible in adjusting the style of engagement to meet the needs of the community. The strategy incorporates various outreach and engagement methods to ensure honest participation and collaboration from the community. Educational – Planning processes should seek to improve the public understanding of CSWB, as well as clear objectives to guide the work in establishing a Pickering-specific CSWB Plan. - 221 - 3 Evaluative – Throughout the public engagement process, we will evaluate the strategy to ensure that public consultation continues to maintain the guiding principles listed above. 3. Objectives •Generate awareness about the plan to residents, stakeholders, and staff toprovide them with the opportunity to help shape the CSWB Plan. •Solicit meaningful feedback in an inclusive and accountable manner on thedesign and vision for the Municipal Plan in terms of engagement techniques,action items, and service design & programming; and, •Record participant feedback and make connections between feedback and Plan creation. 4.Target Audiences Local Interests •Pickering Residents, inclusively •Stakeholders •Pickering CSWB Advisory Committee o Elaine Knox, Community Safety and Well-Being AdvisoroSharon Milton, Manager, Recreation ServicesoCouncillor S. Butt o Lisa Appelbohm o Craig Bamford o Kelsey HamiltonoMaria KenworthyoJan Larendowicz o Daniela Magagna o Amjad Muhammad o Pooja PateloCourtney PaxtonoAmber Rizvi •City of Pickering Internal Working GroupoElaine Knox, Community Safety and Well-being AdvisoroLaura Gibbs, Division Head, Culture & Community Programming o Sharon Milton, Manager, Recreation Services o Marilou Murray, Manager, Community Services Administration o Jennifer Hayden, (Acting) Supervisor, Licensing and EnforcementoShauna Muir, Coordinator, Corporate Communications & CommunityEngagement o Joan DeGennaro, Customer Care Representative o Jason Yoshida, Deputy Fire Chief o Joel Sutherland, Manager of Client ExperienceoDave Whitehouse, Coordinator, Facilities Operations - 222 - 4 o Chantal Whitaker, Manager, Sustainability & Strategic EnvironmentalInitiativesoJaclyn San Antonio, Senior Advisor, Diversity, Equity & Inclusion o Michael Cain, Corporate Security Specialist Agency / Government Interests •Region of Durham •Pickering Public Library •Pickering City Council •Centre for Immigration & Community Services (CICS) •Welcome Centre •PFLAG Durham •Pickering Faith Centres •Durham Region School Social Workers •Community Care Durham •DARS (Dedicated Advocacy Resource Support) Gifts from the Heart •Community Living •Christian Faith Outreach Centre (CFOC) •Durham Mental Health Services •Community Development Council Durham (CDCD) •Victim Services of Durham Region •Women’s Multicultural Resource & Counselling Centre of Durham 5.Consultation Plan CONSULTATION PURPOSE METHODS TARGET AUDIENCE PHASE 1: CREATING THE DRAFT PLAN PRESENTATION: COMMUNITY SAFETY & WELL-BEING COMPLETED JUNE 2023 To create the draft plan and provide opportunity for feedback and discussion. PowerPoint Presentation CSWB Advisory Committee City of Pickering Internal Working Group PUBLIC INPUT: SURVEY To gather input from the public on the Draft Plan priorities. Hard copy and digital Pickering Residents, inclusively. - 223 - 5 SURVEY: JULY 1 – AUGUST 10 Survey results are included in Appendix 3. The City will share results to stakeholders and Pickering residents. survey (Let’s Talk Pickering) Outreach Locations & Dates in Appendix 1. City of Pickering staff Pickering CSWB Advisory Committee INTERNAL VALIDATION OF THE DRAFT PLAN Reviewed the draft plan with Directors and Senior Staff including: - Jackie Flowers, CEO Pickering Public Library - Kyle Bentley, Director, City Development & CBO - Jennifer Hayden, (Acting) Supervisor, Licensing and Enforcement - Jason Yoshida, Deputy Fire Chief - Fiaz Jadoon, Director, Economic Development & Strategic Projects - Scott Booker, Manager, Capital Projects & Infrastructure - Chantal Whitaker, Manager, Sustainability & Strategic Environmental Initiatives - Sarah Dougals Murray, Director, Community Services - Mark Guinto, Division Head, Public Affairs & Corporate Communications Reviewed draft plan with internal working group. - List of members above. Presentation of survey findings with detailed draft plan for review City of Pickering Senior Staff - 224 - 6 CONSULTATION PURPOSE METHODS TARGET AUDIENCE PHASE 2: VALIDATING THE DRAFT PLAN ADVISORY COMMITTEE & TASK FORCE ENGAGEMENT SEPT- NOV 2023 To gather input from Advisory Committees & Task Forces on the Draft Plan and to answer questions related to CSWB. Questions, concerns, and general feedback will be recorded from these sessions. Public Presentation on Pickering’s Draft Plan Question & Answer session Accessibility Advisory Committee (AAC) Cultural Advisory Committee (CAC) Pickering Anti-Black Racism Taskforce Indigenous Relationship Building Circle Waterfront Visionary Advisory Committee Teen Advisory Group OPEN HOUSES JAN 2024 To gather input from the public and stakeholders on the Draft Plan and to answer questions related to CSWB. Questions, concerns, and general feedback will be recorded from these sessions. Public Forum with materials on Pickering’s Draft Plan 4 Open House dates: Varied locations, times, both in-person and online. Pickering Residents & Stakeholders CHDRC Open House George Ashe Community Centre Open House Virtual Stakeholder Session STAFF CONSULTATION JAN - FEB 2024 To present the draft plan to all City staff and solicit input. Virtual presentation, Q&A 2 virtual sessions. All City Staff - 225 - 7 6. Communications Plan To build community support for the Plan, an emphasis is placed on creating Plan awareness and offering multiple opportunities to participate in the creation of the Final Plan. Co n s u l t a t i o n g o a l Provide the public with information to assist them in understanding the Durham Region objectives, Pickering objectives, and consultation goals and influence. Obtain feedback on analysis, alternatives and/or decisions Work directly with the Committees, the public, and stakeholders throughout the process to ensure concerns and aspirations are understood and considered Partner with the public in each aspect of the plan creation and implementation. A. Inform Public awareness - Web content https://www.pickering.ca/en/city-hall/community-safety-and-well- being-advisory-committee.aspx - Advisory Committee Creation (June 2023) - Internal Working Group Creation (June 2023) - Let’s Talk Pickering site survey, created June 2023 https://letstalkpickering.ca/cswb o Survey: July 1 – August 10 - Promotional materials about the survey (created June 2023) o Branded keychain flashlight, whistle, compass o QR Code survey business cards o Indoor digital signs, Arena LED signs o Facility posters, brochures o ACTIVE Net email blasts, community partner link sharing o Community Page Advertisements - Media releases o July 26, 2023: Survey Announcement, CSWB - Social media - 226 - 8 B.Consult Draft Plan -Internal Working Group (June 2023, August 2023, October 2023) -Advisory Committee (August 2023, November 2023) -City of Pickering Leadership Team Members (June, July & August 2023) C.Involve -Survey on Pickering Priorities to inform Draft Plan (July & August 2023) -Advisory Committee & Task Force Engagement (September, October & November2023) -Open Houses (January 2024) -Staff Consultations (January & February 2024) D.Collaborate City of Pickering Internal Working Group meetings -June 2023: Introduction to Draft Plan -August 2023: Draft Plan Edits & Revisions -October 2023: Consultation Results to date & Final Draft Plan Edits -February 2024: Final Plan Edits for Council City of Pickering CSWB Advisory Committee meetings -August 2023: Draft Plan Final Edits & Revisions -November 2023: Consultation Results & Final Draft Plan Edits -February 2024: Final Edits for Council Community Outreach (outlined in consultation report above) - 227 - 9 Appendix 1: Phase 1 Survey Consultation CSWB Survey Consultation Plan Phase 1 - Summary Item Tasks Staff Date(s) Status Community Listening Session Connected with partners & community. EK 27-Jun Complete Canada Day Outreach On site - 3.5 hours mobile EK 1-Jul Complete Email Blast - Community Contacts & Partners Email & share survey link EK 4-Jul Complete DARS Outreach Speak to CSWB & survey EK 5-Jul Complete PPL Summer Reading Club Launch Party Shared in packages & outreach table EK & SD (PPL) 8-Jul Complete DARS Outreach Speak to CSWB & survey EK 12-Jul Complete Pickering Public Library Outreach Central Branch EK 13-Jul Complete Email Blast - Pickering Residents Sent emails to personal contacts - Pickering residents. EK 14-Jul Complete George Ashe Community Centre & Library Engagement for Survey EK 17-Jul Complete DARS Outreach Speak to CSWB & survey EK 19-Jul Complete Youth Drop In - PPL Engagement for Survey EK 20-Jul Complete Pickering Town Centre Outreach Engagement for Survey EK 22-Jul Complete Pickering Farmer's Market On site - 2 hours EK 25-Jul Complete OPG Virtual engagement EK 31-Jul Complete - 228 - 10 Appendix 2: Phase 2 Community Consultation CSWB Consultation Plan Phase 2 - Summary Item Tasks Staff Date(s) Status Seek Feedback Consult Internal Working Group on Consultation Plan. Consult Advisory Committee on Consultation Plan. Ask involvement and engagement from Advisory Committee. Connect with corresponding Ward Representatives on Advisory Committee to seek out desirable times, dates, locations for engagement. Ask involvement from Council in Community sessions. EK 17-Aug Complete Partnership Engagement & Planning Contact Stakeholders to set up Virtual Stakeholder Engagement Session. Book City Facilities for Open Houses. Contact 4 High schools. Book Virtual Open House Session. Connect with new Community Engagement Coordinator (LA) Connect with Marketing for Engagement & Outreach Plan. EK 1-Sep Complete Construction of Outreach Materials Prepare Presentation: Brief overview of DR Plan, Complex highlights/Action items of Pickering Plan for community review and input. Prepare questions/conversation starters. Construct Visuals & Outreach materials (swag, signage) EK 15-Sep Complete Marketing for Community Consultation Connect with Marketing for Plan. Presentation to be finalized. Outreach materials and visuals complete. EK, CB 22-Sep In Progress - 229 - 11 Item Tasks Staff Date(s) Status Waterfront Visionary Advisory Committee Advisory Committee Engagement EK 18-Sept Complete Accessibility Advisory Committee Advisory Committee Engagement EK 20-Sept Complete CAO Management Meeting Staff Engagement EK 03-Oct Complete Pickering Anti-Black Racism Taskforce Task Force Engagement EK, LA 12-Oct Complete Cultural Advisory Committee Advisory Committee Engagement EK 17-Oct Complete Teen Advisory Group Advisory Committee Engagement EK, LA 13-Nov Booked Town Hall Ward 1 WSCC EK 16-Nov Booked George Ashe Community Centre Open House EK, LA 11-Jan Booked Stakeholder Session Virtual Engagement EK, LA 19-Jan Booked – will send invitations beginning Jan Chestnut Hill Development Recreation Complex Open House EK, LA 24-Jan Booked Indigenous Relationship Building Circle Stakeholder Engagement EK, LA TBD - 230 - 12 Durham Region Aboriginal Advisory Committee To be booked EK Q1, 2024 Draft Plan Edits Based on community consultation, edit Plan accordingly. Consult Internal Working Group and Advisory Committee during November meetings. EK Year End - 231 - 13 Appendix 3: CSWB Survey Results Survey Analysis: CSWB 2023 Respondents 332 % of Residents who live in Pickering 94% Ranking of Priorities Options Average Rank To live in a clean, safe, attractive, and welcoming community with safe trails, walkways, public art, well-lit spaces and spaces that promote healthy lifestyles (Create safe and welcoming neighborhoods) 3.09 To have access to recreation, fitness and leisure programs, community gardens, and programs that support physical and mental wellbeing (Physical Health and Mental Wellness) 4.3 To reduce local crime and victimization (Improve individual safety and security) 4.47 To improve living standards by attracting new jobs and businesses to Pickering; providing education on financial literacy, attracting more physicians to Pickering, rental and affordable housing strategies (Improve living standards) 4.86 To know how to find resources for things like mental health, safety, victimization, crime prevention, physical wellbeing, and substance use (Learning, education, and creative communities) 5.06 To feel a sense of belonging to my community by participating in neighborhood initiatives, volunteering, or programs (Community Vitality) 5.49 To provide services and resources to those experiencing homelessness, substance use, or food insecurity (Support basic needs) 5.51 - 232 - 14 To increase road safety for pedestrians, cyclists, motorists, ad vehicle passengers 5.73 To develop programs, committees, taskforces, and trainings to combat local racism, homophobia and xenophobia (Promote Inclusion, Diversity and Equity) 6.48 Priority 1: Community Vitality Initiatives Options # of Respondents, Very Important & Important % of Total Responses Have opportunities that connect me with others in my neighborhood (Neighborhood Watch, Street Parties, knowing my neighbors) 192 57.8% Belong to a recreational, cultural, or social group or association 179 53.9% Have opportunities to volunteer in the community 171 51.5% Have opportunities to celebrate holidays, events, or special occasions with my neighbors 170 51.2% Belong to a neighborhood group or association 154 46.4% Priority 2: Learning, Education, and Creative Communities Options # of Respondents, Very Important & Important % of Total Responses Know about Crime Prevention initiatives 270 81.3% Learn about mental health and how to support you or a friend/family members’ mental health 228 68.7% Know about the City of Pickering Housing Strategy 202 60.8% Learn about local resources and programs to combat social isolation 199 59.9% Learn about local resources and strategies to support those struggling with substance use 170 51.2% - 233 - 15 Know about the Pickering Anti-Black Racism Task Force initiatives 158 47.6% Priority 3: Create Safe and Welcoming Neighborhoods Options # of Respondents, Very Important & Important % of Total Responses You feel safe walking home alone in your community 322 97.0% The City has public spaces that are clean, tidy, and well cared for 320 96.4% The City monitors public spaces with cameras, or provides security 283 85.2% The City has public spaces that allow people to gather and celebrate 276 83.1% The City celebrates and displays diverse public art 187 56.3% Priority 4: Physical Health and Mental Wellness Options # of Respondents, Very Important & Important % of Total Responses You have local access to health services 312 94.0% You have access to nutritious food 306 92.2% The City provides safe playgrounds and trails for families to experience 302 91.0% You have fair access to recreation facilities (both indoors and out) 298 89.8% You have fair access to recreation programs (swimming, arts, sports, special interest, camps, etc.) 291 87.7% Youth have designated safe spaces in recreation facilities 271 81.6% The City provides programs that teach self-sufficiency farming and sustainability 194 58.4% Priority 5: Improve Living Standards - 234 - 16 Options # of Respondents, Very Important & Important % of Total Responses Snow clearing is prioritized for seniors and people living with disabilities 296 89.2% The City supports the efforts of organizations providing food security programs 272 81.9% WIFI is easily accessible in City spaces, and for borrow (Wi-Fi Hot Spots) 255 76.8% You have the opportunity to learn about financial literacy 176 53.0% You have access to employment workshops and job fairs 175 52.7% Priority 6: Support Basic Needs Options # of Respondents, Very Important & Important % of Total Responses Overnight shelters are available in Pickering during extreme weather conditions 265 79.8% Wellness checks are coordinated for those who are unsheltered 254 76.5% Access to showers is provided for those who are housing insecure 245 73.8% Priority 7: Promote Diversity, Equity, and Inclusion Options # of Respondents, Very Important & Important % of Total Responses People from all backgrounds are valued and respected in Pickering 298 89.8% You feel safe to voice your opinions, and feel heard, in City spaces 277 83.4% You feel represented in your community. 243 73.2% Culturally relevant programming reflects the diversity of our City 232 69.9% The City has an Equity, Diversity, and Inclusion Plan 230 69.3% - 235 - 17 Anti-Racism training and resources are mandated for City staff 223 67.2% Anti-Racism training and resources are offered to the public 199 59.9% An Anti-Racism & Anti-Oppression (ARAO) framework is created by the City 195 58.7% Priority 8: Improve Individual Safety and Security Options # of Respondents, Very Important & Important % of Total Responses You feel safe walking in your community 317 95.5% You feel safe driving in your community 306 92.2% You feel safe riding your bike in your community 288 86.7% The City provides access to public training on health and safety (CPR, Naloxone). 261 78.6% The City's Customer Care staff can refer residents to resources that align with the 7 pillars of community safety and well-being 254 76.5% The City provides workshops on Cyber safety and security 206 62.0% - 236 - Report to Executive Committee Report Number: FIR 05-23 Date: November 6, 2023 From: Steve Boyd Fire Chief Subject: Ajax-Pickering Automatic Aid Agreement -File: A-1440-001-23 Recommendation: 1.That Report FIR 05-23 regarding Ajax-Pickering Automatic Aid Agreement be received; 2.That the Mayor and City Clerk be authorized to execute the Ajax-Pickering Automatic Aid Agreement, set out in Attachment 1 to this report, subject to minor revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; and, 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The Automatic Aid Agreement serves the purpose of enabling each Fire Service to promptly respond to incident locations that may arise in areas of another municipality where the local Fire Service may not be able to respond as swiftly. These areas encompass portions of the 401 and 407 highways, as well as select areas in the north section of Ajax and the south area of Pickering. Over the past two decades, both municipalities have undergone significant changes, including residential growth and the expansion of the road network, which necessitate a revision to the agreement. Financial Implications: None. Discussion: Subsection 2(5) of the Fire Protection and Prevention Act, 1997,SO. 1997,c 4 reads as follows: Services outside municipality (5) A municipality may, under such conditions as may be specified in the agreement, enter into an agreement to, (a) provide such fire protection services as may be specified in the agreement to lands or premises that are situated outside the territorial limits of the municipality; and (b) receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality. - 237 - FIR 05-23 November 6, 2023 Subject: Ajax-Pickering Automatic Aid Agreement Page 2 Automatic aid agreements (6) A municipality may enter into an automatic aid agreement to provide or receive the initial or supplemental response to fires, rescues and emergencies. Since April 1, 2000, the City of Pickering and the Town of Ajax have been operating under an Automatic Aid Agreement. However, with the exponential growth experienced by both municipalities over the past 13 years, including residential expansion, the construction of additional fire stations, and changes to road networks connecting the two municipalities, adjustments to the response boundaries serviced by each respective Fire Service are necessary. These changes are outlined in Appendix A of the attached Ajax-Pickering Automatic Aid Agreement. Attachments: 1. Ajax-Pickering Automatic Aid Agreement dated October 1, 2023. Prepared/Endorsed By: Original Signed By: Steve Boyd Fire Chief SB:jm Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 238 - 1 THIS AGREEMENT made in quadruplicate this 1st day of October. 2023 BETWEEN: THE CORPORATION OF THE TOWN OF AJAX ("AJAX") ~ and ~ THE CORPORATION OF THE CITY OF PICKERING ("PICKERING") WHEREAS Paragraph s. 20(1) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or combination of both to jointly provide, for their joint benefit, any matter which any of them have the power to make within their own boundaries. 2001, c.25, s.20(1). AND WHEREAS Subsection 1(4) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 provides that for the purposes of that Act, an "Automatic Aid Agreement" means any agreement under which; a) a municipality agrees to ensure the provision of an initial response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department in the municipality is capable of responding more quickly than any fire department situated in the other municipality; or b) a municipality agrees to ensure the provision of a supplemental response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department situated in the municipality is capable of providing the quickest supplemental response to fires, rescues and emergencies occurring in the part of the other municipality. AND WHEREAS Subsections 2(1)(b), 2(5), and 2(6) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 specifies that: Municipal responsibilities (2)(1) Every municipality shall, b) provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances. Services outside municipality (5) A municipality may, under such conditions as may be specified in the agreement, enter into an agreement to, a) provide such fire protection services as may be specified in the agreement to lands or premises that are situated outside the territorial limits of the municipality; and b) receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality. Automatic aid agreements (6) A municipality may enter into an automatic aid agreement to provide or receive the initial or supplemental response to fires, rescues, and emergencies. AND WHEREAS, there are areas in each of Ajax and Pickering in which a fire department in the other municipality is capable of responding to the areas more quickly than any fire department situated within the municipality. Attachment #1 to Report FIR 05-23 - 239 - 2 IN CONSIDERATION OF the mutual covenants, provisions and conditions contained herein, and for other good and valuable consideration, Ajax and Pickering covenant and agree as follows: 1. DEFINITIONS/INTERPRETATION a. “AFES” means Ajax Fire and Emergency Services. b. "Agreement" means this agreement including its recitals and any schedules, which form part of it, as amended from time to time. c. "Ajax" means The Corporation of the Town of Ajax including its successors and assigns, and, where the context allows, its employees, servants, agents, officers and elected officials. d. "Automatic Aid Area" means any or all of the areas as described in Appendix A. e. "Automatic Aid Response" means the delivery of Initial Response Services by a Participating Fire Service. f. "Home Fire Chief' means the Fire Chief of the Home Municipality. g. "Home Fire Service" means the fire service within the Home Municipality that, but for the provisions of this Agreement, would be responsible for providing Initial Response Services. h. "Home Municipality" means the municipality whose fire service would be responsible for providing initial response services. i. "Incident" means fire, emergencies or dangerous conditions that occur in the Automatic Aid Areas as described in Appendix A. j. “Incident Command System” means an Incident Management System with a common organizational structure with responsibility of assigned resources to effectively accomplish stated objectives pertaining to an incident. k. "Initial Response Services" for the purpose of this Agreement means the provision of an initial response designed to address the adverse effects of an Incident. l. “Officer” the first arriving Captain or Platoon Chief from either responding fire service who is deemed to be in command of the emergency scene. m. "Participating Fire Service" means the fire service within the participating municipality with responsibility for providing an Automatic Aid Response. n. "Participating Municipality" means the municipality that provides an Automatic Aid Response. o. “PFS” means Pickering Fire Services. p. "Pickering" means The Corporation of the City of Pickering including its successors and assigns, and, where the context allows, its employees, servants, agents, officers and elected officials. Gender, Plural: All words in this Agreement shall be deemed to include any number or gender, as the context requires. Proper Law: This Agreement shall be interpreted according to the laws of the Province of Ontario. Headings: Article, section, clause and/or paragraph headings are for reference purposes only and shall not in any way modify or limit the statements contained in the following text. Legislation: Reference to federal or provincial statutes or regulations or municipal by- laws are deemed to refer to the relevant legislation as amended, including successor legislation. - 240 - 3 1 TERM 1.01 Term: The term of the Agreement shall be indefinite and will be reviewed yearly by the participating Fire Chiefs. 1.02 Termination: This Agreement may be terminated by either party on sixty (60) days’ notice in writing to the other. 2 AUTOMATIC AID RESPONSE 2.01 Automatic Aid Response: Upon the occurrence of an Incident, an Automatic Aid Response shall be provided by the Participating Fire Service to the extent that the Participating Fire Service has equipment and staff available. 2.02 Response: Upon the occurrence of an Incident, the Home Fire Service shall respond. 2.03 Command: When a Home Fire Service and a Participating Fire Service respond to an Incident, the Incident Commander of the Home Fire Service shall assume responsibility as soon as practicable for the overall command of and coordination of operations in respect of the Incident. 2.04 Incident Command System: The first arriving officer, regardless of the location of the Incident and regardless of rank, shall assume Incident command and implement strategy and tactics appropriate to control the incident. 4 COST 4.01 No-cost Basis: There shall be no cost to the Home Municipality for the provision of an Automatic Aid Response. 5 RELEASE AND INDEMNITY 5.01 No Claims: Neither party shall have any claim or demand against the other for detriment, damage, accident or injury, of any nature whatsoever or howsoever caused to any person or property, including any buildings, structures, erections, equipment, material, supplies, motor or other vehicles, fixtures and articles, effects and things in any manner based upon, occasioned by or attributable to the execution of the Agreement or any action taken or things done or maintained by virtue of the Agreement, or the exercise in any manner of rights arising under the Agreement. 5.02 Indemnification: Each party covenants and agrees that it shall at all times indemnify and save harmless the other from and against all claims and demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted, in any manner based upon, occasioned by or attributable to the execution of the Agreement or any action taken or things done or maintained by virtue of the Agreement, or the exercise in any manner of rights arising under the Agreement, except claims for damage resulting from the negligence of any officer, servant or agent of the other while acting within the scope of his or her duties or employment. 6 MISCELLANEOUS 6.01 Notice: Any notice to be given under this Agreement shall be sufficiently given via email to: Ajax Fire & Emergency Services – fireadmin@ajax.ca Pickering Fire Services – fire@pickering.ca Receipt of notice shall be deemed on the date of delivery. 6.02 Force Majeure/Time: Notwithstanding anything in this Agreement, neither party shall be in default with respect to the performance of any of the terms of this Agreement if any non-performance is due to any force majeure, strike, lock- out, labour dispute, civil commotion, war or similar event, invasion, the exercise of military power, act of God, government regulations or controls, inability to - 241 - 4 obtain any material or service, or any cause beyond the reasonable control of the party (unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this Agreement and all the obligations contained herein. 6.03 Arbitration: All matters of differences arising between Ajax and Pickering in any matter connected with or arising out of this Agreement shall be referred to a single arbitrator if the parties agree upon the arbitrator's identity. Should the parties be unable to agree upon the identity of an arbitrator, then the matter shall be referred to a single arbitrator, to be appointed by a Justice of the Superior Court of Justice. The arbitrator shall conduct the arbitration pursuant to the Arbitration Act, 1991, S.0. 1991 c. 17 and every award or determination shall be final and binding on the parties and their successors and assigns and shall not be subject to appeal. The arbitrator shall be allowed unfettered and unlimited discretion to determine in each and every case the solution which best balances the competing interests of the parties to the arbitration in accordance with this Agreement, and she or he shall not be bound by any legal precedent in such determination. The arbitrator shall not be bound by the provisions of the Arbitration Act, 1991, S.O. 1991 c. 17 in respect of her or his fees. The arbitrator shall be entitled to award all or part of her or his fees against any party in accordance with the principles, which govern an award of costs against a non-successful party in a contested matter before the Superior Court of Justice. In the absence of such an award by the arbitrator, the arbitrator's costs shall be borne equally by both parties, without regard to their involvement in the arbitration. 6.04 No Assignment: Neither party shall make any assignment of this Agreement without obtaining the prior consent in writing of the other to such assignment. 6.05 Successors: The rights and liabilities of the parties shall ensure to the benefit of and be binding upon the parties and their respective successors and approved assigns. 6.06 Entire Agreement: This Agreement contains the entire agreement between the parties relating to Automatic Aid Response and it is agreed that there is no covenant, promise, agreement, condition precedent or subsequent, warranty or representation or understanding, whether oral or written, other than as set forth in this Agreement and this Agreement fully replaces and supersedes any letter, letter of intent, or other contractual arrangement between the parties related to Automatic Aid Response in existence at the time of execution and delivery of this Agreement. This agreement is not part of the Durham Region Emergency Fire Services Plan [Mutual Aid]. 6.07 Partial Invalidity: If any article, section, subsection, paragraph, clause or sub-clause or any of the words contained in this Agreement shall be held wholly or partially illegal, invalid or unenforceable by any court of competent jurisdiction, Ajax and Pickering agree that the remainder of this Agreement shall not be affected by the judicial holding, but shall remain in full force and effect. The provisions of this Agreement shall have effect, notwithstanding any statute to the contrary. 6.08 Waivers: No supplement, amendment or waiver of or under this Agreement shall be binding unless executed in writing by the party to be bound thereby and no waiver by a party of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision or a continuing waiver unless otherwise expressly provided. 6.09 Severability: If any sentence, clause, or phrase of this Agreement is held to be invalid by a court of competent jurisdiction, the invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. - 242 - 5 IN WITNESS WHEREOF the Parties hereto have herein affixed their Corporate Seals duly attested to by the hands of their authorized officers. THE COPORATION OF THE TOWN OF AJAX _______________________________ Shaun Collier, Mayor ________________________________ Nicole Cooper, Town Clerk THE CORPORATION OF THE CITY PICKERING _______________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 243 - 6 Appendix A AUTOMATIC AID PROGRAM AREAS – TOWN OF AJAX AND CITY OF PICKERING The areas identified in this appendix can be altered or increased as necessary with the approval of both Fire Chiefs and the Chief Administrative Officer’s for Pickering and Ajax. The areas authorized to participate in the Automatic Aid Program are as follows: (a) Ajax/Pickering Situation 1: For responses on Highway 401 westbound between Westney Road and Brock Road, AFES will respond with a minimum of one unit. PFS will also respond with a minimum of one unit. (b) Ajax/Pickering Situation 2: For responses on Highway 401 westbound between Brock Road and Whites Road, AFES will respond with a minimum of one unit in the express lanes. PFS will respond with a minimum of one unit in the collector lanes. Should a PFS officer confirm that the emergency is located in the collector lanes and the assistance of AFES is not required, then the PFS officer shall cancel the AFES response. (c) Ajax/Pickering Situation 3: For responses on Highway 401 eastbound between Brock Road and Westney Road, PFS will respond with a minimum of one unit. AFES will also respond with a minimum of one unit. (d) Ajax/Pickering Situation 4 - Initial Response: For the area bounded by Westney Road to the west, Highway 407 to the north (but not including Highway 407), Lakeridge Road to the east and the Fifth Concession to the south, Ajax dispatch shall dispatch one AFES unit in addition to PFS apparatus. Upon arrival of PFS, and at an appropriate time, the Pickering Fire Officer shall release AFES. (e) Ajax/Pickering Situation 5 – Initial Response: For the following areas bounded by Sideline 16 to the west, the Fifth Concession to the north, Church Street to the east and Rossland Road to the south, Ajax dispatch shall dispatch one PFS unit in addition to the AFES apparatus. Upon arrival of AFES, and at an appropriate time, the Ajax Fire Officer shall release PFS. - 244 - Report to Executive Committee Report Number: OPS 26-23 Date: November 6, 2023 From: Brian Duffield Director, Operations Subject: Supply & Delivery of Nine Midsize SUVs -Request for Quotation No. Q2023-47 -File: A-1440 Recommendation: 1. That Request for Quotation No. Q2023-47 submitted by Downtown AutoGroup, in theamount of $328,230.00 (HST excluded) be accepted; 2.That the total gross project cost of $370,900.00 (HST included), and that the total netproject cost of $334,007.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $334,007.00 funded from the Vehicle Replacement Reserve as provided for in the2023 Capital Budget; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessaryactions as indicated in this report. Executive Summary: Various Departments within the City of Pickering currently utilize various midsize SUVs for a variety of work tasks. Vehicles #418, #419, #578, #579, #580, #581, #582, #643 and #647 have met or exceeded their useful life and were provided for replacement in the 2023 Capital Budget. Request for Quotation No.Q2023-47 was advertised on the City’s bids&tenders portal on August 31, 2023. Five companies submitted a response by the closing date of October 3, 2023. Downtown AutoGroup is the lowest compliant respondent and has met all of the technical requirements. In accordance with Purchasing Policy Item 06.11(c), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is over $250,000.00, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO, and Council. - 245 - OPS 26-23 November 6, 2023 Subject: Supply & Delivery of Nine Midsize SUVs Page 2 Financial Implications: 1. Quotation Amount Quotation No. Q2023-47 $328,230.00 HST (13%) Total Gross Quotation Cost 42,669.90 $370,899.90 2. Estimated Project Costing Quotation No. Q2023-47 $328,230.00 Total Project Cost $328,230.00 HST (13%) 42,670.00 Total Gross Project Costs $370,900.00 HST Rebate (11.24%) (36,893.00) Total Net Project Cost $334,007.00 3. Approved Source of Funds Description Account Code Source of Funds Available Budget Required Midsize SUV Replacement (2) C10425.2301 Vehicle Replacement Reserve $100,000.00 $74,224.00 Midsize SUV Replacement (2) C10510.2302 Vehicle Replacement Reserve $90,000.00 $74,224.00 Midsize SUV Replacement (5) C10700.2311 Vehicle Replacement Reserve $225,000.00 $185,559.00 Total Funds $415,000.00 $334,007.00 Project Cost under (over) approved funds by $80,993.00 Discussion: As reflected in the 2023 Capital Budget, vehicles #418, #419, #578, #579, #580, #581, #582, #643 and #647 are approved for replacement. - 246 - OPS 26-23 November 6, 2023 Subject: Supply & Delivery of Nine Midsize SUVs Page 3 Request for Quotation No. Q2023-47 was advertised on the City’s bids&tenders portal on August 31, 2023. Five companies submitted a response by the closing date of October 3, 2023. The quotation from Downtown AutoGroup complied with all technical requirements and received the highest score from the Evaluation Committee. Midsize SUV’s are an efficient and economical vehicle that allows for additional cargo space for transporting tools and material. They also allow for improved visibility as they sit higher than most other vehicles. The City uses midsize SUV across most departments including Fire, Engineering, Public works and Bylaw. After careful review of all responses received, Operations’ staff recommend the acceptance of Request for Quotation No. Q2023-47 submitted by Downtown AutoGroup, and that the total net project cost of $334,007.00 (net of HST rebate) be approved. Attachment: None. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Matt Currer Stan Karwowski, MBA, CPA, CMA Manager, Fleet Operations Director, Finance & Treasurer Original Signed By: Original Signed By: Brian Duffield Cathy Bazinet, CPPB, NIGP-CPP Director, Operations Manager, Procurement BD:mc Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 247 - Report to Executive Comittee Report Number: PLN 35-23 Date: November 6, 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 Central Lake Ontario 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 theCity of Pickering and the Central Lake Ontario Conservation Authority (CLOCA), as set out in Appendix I to Report PLN 35-23, to secure the continuation of municipally requested programs and services CLOCA 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 Central Lake Ontario 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 theDirector, City Development & CBO; and 3. That the appropriate City officials be authorized to take the necessary actions asindicated in this report. Executive Summary: In June 2023, Council endorsed in principle a draft Memorandum of Understanding (MOU) between the City of Pickering and the Toronto and Region Conservation Authority (TRCA) (Resolution #218/23). This MOU was executed in September 2023. Consistent with that process, the Central Lake Ontario Conservation Authority (CLOCA) is seeking to enter into a similar MOU with the City to secure the continuation of municipally requested programs and services that CLOCA is authorized to offer to the City of Pickering. The proposed MOU from CLOCA contains the same principles, terms, and conditions as the City’s draft MOU with TRCA governing the delivery of municipally requested programs and services. It is recommended that the draft MOU with CLOCA, 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. - 248 - PLN 35-23 November 6, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 2 of authorized programs and services offered by the Central Lake Ontario Conservation Authority to the City of Pickering under the Conservation Authorities Act Financial Implications: There are no financial implications to the City associated with the recommendations of this report. For this year, no funding was required by the City to engage CLOCA for the delivery of programs or services. If the City plans to engage CLOCA to deliver a program or service next year or subsequent years, funding for projects would be identified though the budget preparation process, in consultation with CLOCA staff. Discussion: 1.Background Ontario Regulation 687/21 (O. Reg. 687/21) is one of the many regulations that followed legislative changes to the Conservation Authorities Act (CA Act) since 2017. O. Reg. 687/21 requires Conservation Authorities (CAs) to develop a transition plan to ensure compliance with Section 21.1.2 of the CA 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.CLOCA’s Inventory of Programs and Services In order to differentiate the programs and services CAs would continue to offer to municipalities, and similar to the process TRCA followed, CLOCA completed a transitional plan, and an inventory of programs and services, consisting of the following categories, 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. •Category 2 – Non-mandatory municipal programs and services CAs agree to provide at the request of, and on behalf of, a municipality, provided an agreement for such services is in place by January 1, 2024. Examples include shoreline studies, climate change assessments, and tree planting. •Category 3 – Programs and services a CA determines advisable to further the purposes of the CA Act. If such program is to be financially supported by a municipality, a cost apportioning agreement must be in place by January 1, 2024. Agreements between CLOCA and its partner municipalities, such as Pickering, are required for Category 2 programs and services that require municipal funding, and for any Category 3 programs and services which the municipality wish to financially support. - 249 - PLN 35-23 November 6, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 3 of authorized programs and services offered by the Central Lake Ontario Conservation Authority to the City of Pickering under the Conservation Authorities Act 3. Non-Mandatory Municipal Programs and Services offered by CLOCA CLOCA does not currently provide any municipally requested services to the City, primarily due to the fact that CLOCA’s regulatory jurisdiction in Pickering only covers a relatively small and narrow sliver of land adjacent to the Lynde Creek, along the east-northeast boundary of the municipality. This area is not facing imminent urban development and is primarily used for agricultural purposes. Any services or programs offered to the City by CLOCA within this regulatory area, if required by the City, would be procured in accordance with the City’s Purchasing Policy. 4. The proposed Memorandum of Understanding (MOU) To fulfill the requirements of Ontario Regulation 687/21, CLOCA 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 8 of the MOU identify the proposed principles, terms, and conditions that would govern CLOCA’s delivery of municipally requested programs and services. The proposed MOU is non-binding. It is not a contract between the City and CLOCA, 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 CLOCA will be identified, and considered, as part of the 2024 (and future) budget processes. The proposed MOU has been reviewed from a legal perspective and no concerns were identified. 5. Conclusion The City uses the expert services of the CAs to deliver certain services and programs for the municipality. Based on recent legislative changes, a MOU is required to be executed between CLOCA and the City to secure the continuation of municipally requested programs and services CLOCA is authorized to offer to the City of Pickering after January 1, 2024. Staff requests that the draft MOU, contained in Appendix I to Report PLN 35-23, 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 CLOCA for execution. - 250 - PLN 35-23 November 6, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 4 of authorized programs and services offered by the Central Lake Ontario Conservation Authority to the City of Pickering under the Conservation Authorities Act Appendix: Appendix I Memorandum of Understanding between the City of Pickering and the Central Lake Ontario Conservation Authority 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 Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 251 - Appendix I to Report PLN 35-23 Memorandum of Understanding between the City of Pickering and the Central Lake Ontario Conservation Authority - 252 - This Memorandum of Understanding (“MOU”) is made as of the XX day of XXXX, 2023 (the “Effective Date”). Between: The Corporation of the City of Pickering (hereinafter, “City”) And: Central Lake Ontario Conservation Authority (hereinafter, “CLOCA”) Whereas CLOCA 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 City is a lower-tier municipality in the Reginal Municipality of Durham, located wholly or partly within the area under the jurisdiction of CLOCA; And Whereas in carrying out its mandate under the Act, CLOCA provides Category 2 and 3 programs and services to municipal partners within its jurisdiction including but not limited to erosion control and restoration planning and works, forest management, invasive species and wildlife management, watershed and subwatershed planning, biodiversity and ecosystem monitoring, community education and outreach, 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, subject to certain exemptions; And Whereas this MOU sets out the principles, terms and conditions governing the delivery of programs and services by CLOCA requested by the City; 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.This MOU shall be reviewed by the parties on an annual basis as part of the City's budget process. - 253 - 3.The following principles, terms and conditions shall govern the delivery of programs services requested by the City: a.Subject to complying with procurement and purchasing policies, the City will give due consideration to CLOCA when procuring services related to CLOCA’s mandateand areas of expertise. b.CLOCA’s or the City’s standard form of purchase order and procurement agreements will be used for the delivery of municipally requested programs and services. c.CLOCA will maintain such insurance policies as required by the City in respect of the delivery of programs and services provided pursuant to this MOU. d.CLOCA will retain all financial and project records in connection with the programs and services for audit purposes by the City 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 CLOCA pursuant to this MOU involve user fees, such user fees shall only be imposed in accordance with CLOCA’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 CLOCA and the City. 4.Nothing in this MOU obliges the City to request the delivery of programs and services by CLOCA. 5.The City and CLOCA 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. 6.This MOU shall be reviewed by the Parties prior to the expiry of the Initial Term or Renewal Term. It is CLOCA’s responsibility to initiate the review with the City at least ninety (90) days prior to the expiry of the Initial Term or Renewal Term, as the case may be. 7.This MOU shall be made available to the public in accordance with the Act and any applicable regulation. 8.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. - 254 - In Witness Whereof, the parties have entered into this MOU as of the Effective Date. Central Lake Ontario Conservation Authority Per: Name: Chris Darling Title: Chief Administrative Office signature Per: Name: Elizabeth Roy Title: CLOCA Chair signature The Corporation of the City of: Per: Name: Title: signature Per: Name: Title: signature - 255 - Report to Executive Committee Report Number: PLN 37-23 Date: November 6, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Tree Protection By-law Update -Phase 3 Recommendation Report-File: D-1100-104 Recommendation: 1.That Report PLN 37-23, providing an overview of Phase 3 of the Tree Protection By-lawUpdate, be received for information; 2. That the new Tree Protection By-law, prepared by the corporate working group, as set outin Appendix I to Report PLN 37-23, be endorsed; 3. That the Mayor be requested to include a special levy of 0.49 percent as an addition to the City’s 2024 Budget to provide funding for staffing, indirect operating and capital costsin order to undertake the Council approved activities as required under the new TreeProtection By-law; 4.That should the Mayor approve the 2024 Current Budget with the funding for staff requested in Recommendation #3 above, a.the new draft Tree Protection By-law, to repeal and replace By-law 6108/03, asamended by By-laws 6191/03 and 7007/09, and to expand the regulations withregards to the injuring, destruction or removal of trees for all lands in the City ofPickering, as set out in Appendix I to Report PLN 37-23, be finalized and forwarded to Council for enactment at the appropriate time; and b. the City of Pickering’s Summary of Fees & Charges be amended to establish thefollowing: i.Tree Removal Fees: i.$150.00 application fee for a permit requiring an inspection by the City’s arborist, or ii.$50.00 application fee for a permit accompanied by a Certified Arborist report, or iii.$50.00 application fee for a permit related to a dead, diseased or injured tree requiring an inspection by the City’s arborist; iv.$0.00 application fee for a permit for a dead, diseased or injured tree accompanied by a Certified Arborist report, or ii.An appeal fee of $150.00 is payable at the time of filing an appeal; - 256 - PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 2 5. That should the Mayor not include a special levy as an addition to the City’s 2024 Current Budget to provide the required funding as requested in Recommendation #3 above, the new draft Tree Protection By-law, to repeal and replace By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, and to expand the regulations with regards to the injuring, destruction or removal of trees in the City of Pickering, set out in Appendix I to Report PLN 37-23, be held in abeyance until such time as the City’s Current Budget has been approved to fund the requisite staff resources; 6. That should the Mayor not include a special levy as an addition to the City’s 2024 Current Budget to provide the required funding as requested in Recommendation #3 above, a new Tree Protection By-law which modernizes the language, definitions, and fines, but does not expand the land covered by the By-law, as set out in Appendix III to Report PLN 37-23 be finalized and brought forward in Q2 2024 for Council enactment; and 7. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: In May 2022, following consideration of Report PLN 23-22, Council authorized City 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, include a public engagement process, and report back to Council. City staff undertook the first round of public engagement in April 2023, provided a project status update to Council in June 2023, and completed the second round of public engagement on the new draft Tree Protection By-law in late June and early July 2023. This report provides the following: a summary of the public comments received; a description of the revisions to the new draft Tree Protection By-law; the findings of a cross-jurisdictional scan of best practices; and a recommendation to Council to approve the new draft Tree Protection By-law. The proposed new draft By-law expands the geographic area of the lands affected by the Tree By-law to include the whole of the City. The new draft Tree Protection By-law is provided as Appendix I to this report. To properly administer and enforce the new Tree Protection By-law, City staff are also recommending an expansion to the staff complement in the Landscape & Parks Development Section in the Engineering Services Department, and within Municipal Law Enforcement Services. Financial Implications: The implementation of the enhanced Tree Protection By-law program will require additional resources in order for the program to succeed. More specifically, this program will require additional staffing and funding of indirect operating costs. A breakdown of the financial request is contained in Appendix II to Report PLN 37-23 and also reflected below: - 257 - PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 3 Tree Protection By-law Implementation 2024 Budget Current Budget One, Full Time, Coordinator, Forestry Management: $144,000 One, Full Time, Municipal Law Enforcement Officer I: 111,900 One, Part Time, Clerk, Administration Business Licensing: 55,781 Sub Total $311,681 Capital Budget One ½ ton pick-up truck $70,000 Three workstations 15,000 Three laptops/computers 13,500 Two smartphones 1,300 Sub Total $99,800 Grand Total $411,481 The funding “Ask” for the 2024 Budget is $411,481 which represents a 0.49 percent levy impact on the draft 2024 Budget. Discussion: 1. Background Following the consideration of Report PLN 18-20 in September 2020 (regarding the Infill and Replacement Housing in Established Neighbourhoods Study), Council directed City staff to investigate and report back on the implementation of a by-law for the protection of trees on private property. Due to shifting priorities and limited staff resources, the investigative work commenced in early 2022. A corporate working group, comprising staff from City Development (Planning & Design, and Sustainability), Municipal Law Enforcement Services, and Engineering Services, was formed. The corporate working group undertook a review of existing policies, guidelines, studies, by-laws, and other legislation in place, or underway, that relate to trees in general, and specifically within the City of Pickering. In addition, staff reviewed tree protection by-laws from other municipalities. In May 2022, City staff reported the results of their investigation to Council, and Council authorized City staff to undertake a process to amend the existing Tree Protection By-law 6108/03, as amended (see Attachment #2): to give greater protection to more trees within the City of Pickering; to include a public engagement process; and to 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 the Sustainability Section’s Earth Month engagement activities in April 2023. - 258 - PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 4 On March 27, 2023, Council passed a motion which, amongst other things, directed City 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. This would include infill development, replacement housing, additions to existing houses, construction of secondary structures, and draft plans of subdivision. Council had also directed City staff to prepare a draft By-law to protect trees from injury on private property during construction (see Resolution #144/23, Attachment #1). This motion reaffirmed Council’s initial direction to City staff in May 2022, and gave further credence to the work that was already underway in relation to the creation of a new Tree Protection By-law (TPB). In April 2023, City staff initiated the first round of public engagement on the proposed update to the City’s TPB. Working in tandem with Sustainability staff during Earth Month, a number of public engagement opportunities were provided to capitalize on the synergy from both initiatives. Following webinars (Invasive Species, Gardening for Climate Change) and workshops (Build a Birdhouse, Community Tree Planting), a virtual stakeholder meeting on April 13, 2023, a Public Open House on April 19, 2023, and a staff presentation at a Ward 1 Town Hall Meeting on April 20, 2023, City staff submitted a status update and the first draft of the new TPB to Council in June, 2023 (see Report PLN 19-23). Subsequently, Council authorized City staff to proceed to Phase 3 of the TPB update, which would include the second round of public engagement during the summer to obtain feedback on the content of the new draft TPB, and the preparation of a Recommendation Report to Council in fall 2023. The following sections in this report contain a summary of the project purpose, process, and key deliverables associated with Phase 3, followed by a summary of the results of Phase 3 of the TPB update, and a staff recommendation for Council’s consideration. 2. Project Purpose The City’s existing Tree Protection By-law 6108/03, as amended by By-laws 6191/03 and 7007/09, only applies to “environmentally sensitive areas”, as identified in the current By-law Schedule. The purpose of the TPB Project was to extend the area regulated by the Tree Protection By-law to all of Pickering, by capturing trees of a certain minimum diameter on private properties. 3. Project Process The TPB Project comprised three Phases: • Phase 1: Reaffirming Council direction following an investigation of background research, preliminary municipal scans, and a review of best practices; • Phase 2: First Round of Public Engagement – Soft launch and status report to Council; • Phase 3: Second Round of Public Engagement – Release of proposed new draft TPB for review, and preparation of a recommendation report to Council. At this time, we are at the conclusion of Phase 3 of the Project. - 259 - PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 5 4. Key Project Deliverables Since the launch of Phase 3 of the Project, City staff: • teamed up with Sustainability staff and provided pop-up engagement opportunities at the Pickering City Centre Farmers’ Market by sharing information on the new draft TPB, and encouraging public participation in the second Public Information Centre (PIC), and the online survey (June 2023); • hosted a PIC on June 28, 2023, which provided the public with the opportunity to review presentation boards, ask questions about the TPB Project, and review and comment on the new draft TPB; • hosted a second Virtual Stakeholder meeting on July 5, 2023 for arborists, developers, landscape specialists or other tree-related business, organization or professionals, to provide an opportunity to review and comment on the proposed new draft TPB; and • updated the new draft TPB based on the engagement results. A more detailed description of the second round of public engagement initiatives and the results are contained in Attachment #3. 5. The New Draft Tree Protection By-law The new draft TPB contains revised definitions, exemptions, prohibitions, and provisions related to appeals, administration and enforcement. Based on the consultation, it was confirmed there is general support for extending the regulation to cover the entire municipality. The new draft TPB extends the regulatory area beyond “environmentally sensitive areas” to capture all of Pickering, which is consistent with Council’s directive of March 27, 2023. The new draft TPB distinguishes between two screening areas: Tree Protection Area A (trees within “environmentally sensitive areas”) and Tree Protection B (trees outside of “environmentally sensitive areas”) as seen in Schedule A to the new TPB (see Appendix I to Report PLN 37-23). The minimum DBH (diameter at breast height) of trees within “environmentally sensitive areas” will be maintained at 2.5 centimetres. For lands outside of environmentally sensitive areas (in Tree Protection Area B), the corporate working group concluded that the minimum caliper of trees to be regulated, at this time, be set at a DBH of 30 centimetres, as a reduced DBH would require even more resources. The proposed DBH of 30 centimetres for trees outside of “environmentally sensitive areas” is consistent with a number of other municipalities currently regulating trees ranging from 20 centimetres to 30 centimetres. Over time, the City can monitor the success of the 30 centimetres DBH, coupled with the resource needs, and evaluate whether a lower DBH should be selected with any required increase in resources. - 260 - PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 6 In addition, to modernizing the language (i.e., revised definitions, exemptions, prohibitions), as a result of the second round of consultation, City staff introduced further minor updates to the new draft by-law including: • adding permit criteria to deny tree removal in “Tree Protection Area A” in keeping with Conservation Authority best practices; • removing fees from the by-law, and referring the reader to the General User Fees By-law; • removing unnecessary duplications and outdated definitions; • revising terminology to create consistency with the Regional Woodland By-law 30-2020; and • allowing the removal of one tree in connection with a 6-metre expansion to a dwelling, or construction of an Additional Dwelling Unit. Staff also recommends an increase to the permit and inspection fees as well as new fees associated with the removal of dead, diseased and injured trees through an amendment to the fee schedule when the new by-law is adopted. 6. A Modernized New Tree Protection By-law Should the Mayor not approve the 2024 Current Budget with the funding for staff to implement, administer and enforce the new Tree Protection By-law, and the new Tree Protection By-law expanding the current tree protection area to regulate all lands beyond “environmentally sensitive areas” not be enacted, the corporate working group has also prepared a modernized Tree Protection By-law, attached as Appendix III, to Report PLN 37-23. The modernized Tree Protection By-law does not expand the tree protection area to regulate trees beyond “environmentally sensitive areas” but provides updated definitions, exemptions, prohibitions, etc. It is recommended this modernized By-law be finalized and forwarded to Council should Recommendations #3 and #4 not be fulfilled. 7. By-law Administration and Experience of Other Municipalities The City’s current TPB is currently administered and enforced by the Municipal Law Enforcement Services. A permit would be issued once Municipal Law Enforcement Services had consulted with the City’s Arborist, within Engineering Services. Beyond this measure, Municipal Law Enforcement Services provide enforcement through a complaint-based system. Violations to the TPB are enforced by Municipal Law Enforcement Services. Proposed tree removal through a development application process is separate and is administered by the Engineering Services Department. To fully comprehend the implications of expanding the regulatory screening areas of the new draft TPB to almost triple its current coverage in Pickering, a cross-jurisdictional review was conducted to better understand best practices. It was established that there is no “one size fits all” approach to how municipalities, similar in size to Pickering, administer and enforce their respective Tree Protection By-law. Some municipalities, such as Toronto, Mississauga, Burlington, Cambridge and Markham administer their Tree Protection By-laws through their Parks and Forestry Departments, with the support - 261 - PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 7 of an administrative team. Others, such as London, Guelph, and the Town of the Blue Mountains, have Planning and Engineering Services administer their Tree By-laws. In all cases, all departments work in tandem with Municipal Law Enforcement Services, to regulate their Tree By-laws, and carry out enforcement. Staff also considered lessons learned by other municipalities, on matters such as, fee recovery for staff time (application review, initial inspection, hoarding inspection, final inspection, travel time), and methods to flag proposed tree removal through a building permit application process. Of the municipalities interviewed, a few of which had their tree By-laws updated, the City of Markham received 723 tree permit applications in 2021; the City of Richmond Hill had 490 in 2021; the City of Cambridge had 240 from February 2022 to February 2023; City of Burlington had 1,200; and the City of Mississauga has seen an increase from 89 to 750 permit applications so far this year. The municipal scan revealed that beyond having a forestry department, several municipalities have a staff complement varying from three, to as many as thirty-three, By-law staff enforcing their Tree Protection By-laws, with each municipality typically having two arborists to administer the By-law. In the case of Mississauga, while having four by-law officers dedicated to the Tree Protection By-law, eight administrative staff and seven arborists, the department found itself exhausting overtime hours and requiring further administrative support. This caused delays in processing applications, and eventually resulted in additional resources to process tree permit applications. Based on the experience of other municipalities, and with the new TPB proposed to cover all of Pickering, a significant increase in the number of tree permit applications and potential by-law infractions is expected. With the City not having a dedicated forestry department, the working group recommend the staff complement be increased by at least one Arborist, one Municipal Law Enforcement Officer I, and one part-time Clerk, Administration Business Licensing, in order to successfully administer and enforce the proposed new TPB. Passing a By-law without providing the requisite implementation team negates the effectiveness of the By-law, and misleads the public in terms of the priority of Council. There would also be the need for an information campaign regarding the purpose, interpretation, and implementation of the proposed new TPB in Pickering. 8. Conclusion The above discussion provided information regarding the new draft TPB, the associated public engagement process, the results of staff’s best practices review, and a discussion on the administrative implications of a new and expanded TPB on current staff resources. Accordingly, staff recommend provision for adequate staff resources to administer and enforce the new Tree Protection By-law be made through the Mayor’s consideration of - 262 - PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 8 the 2024 Current Budget, and that the new draft Tree Protection By-law be finalized and forwarded to Council for enactment (as set out in Appendix I to this report). Additionally, it is recommended that staff prepare an amendment to the Summary of Fees and Charges to reflect updated and new fees associated with the new Tree Protection By-law. In the event provision for adequate staff resources to administer and enforce the new Tree Protection By-law is not made through this Current Budget cycle, then the new draft Tree Protection By-law should be held in abeyance, and the modernized Tree Protection By-law (updating language, definitions, terminology, exemptions, etc.) be finalized and forwarded to Council in Q2 2024 for enactment (as set out in Appendix III to this report). Appendices: Appendix I The New Draft Tree Protection By-law Appendix II Financial Implications of Required Staff Positions Appendix III The Modernized 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. Summary of the Second Round of Public Engagement - 263 - PLN 37-23 November 6, 2023 Subject: Tree Protection By-law Update Page 9 Prepared By: Original Signed By Ish Chowdhury Planner II, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Original Signed By Jason Litoborski Manager, Municipal Law Enforcement Services Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Original Signed By Paul Bigioni Director, Corporate Services & City Solicitor Original Signed By Richard Holborn Director, Engineering Services IC:DJ:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 264 - Appendix I to Report PLN 37-23 The New Draft Tree Protection By-law - 265 - 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; 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 new by-law that re-establishes the Tree Protection Area and regulatory criteria from By-law 6191/03 as amended, with regards to the injuring, destruction or removal of trees in the City of Pickering, and that establishes an new area of regulation with a unique criteria for regulation with regards to the injuring, destruction or removal of trees in the City of Pickering, and that also incorporates modernized language, definitions, and updated fines in the By-law; and 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. - 266 - By-law No. XXXX/XX Page 2 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 of 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. 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 properties 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) “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; (b) “City” shall mean The Corporation of the City of Pickering; (c) “Clerk” shall mean the Clerk for The Corporation of the City of Pickering or his/her 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; - 267 - By-law No. XXXX/XX Page 3 (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) “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; (i) “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; (j) “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; (k) “Owner” shall mean the registered owner of land, or their agent, or anyone acting under the direction of the owner or their agent; (l) “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; (m) “Property Standards Order” shall mean an order issued under the City of Pickering Property Standards By-law 7887/21, as may be amended; (n) “Site” shall mean the area of land containing any tree(s) proposed to be injured, destroyed or removed; (o) “Tree Protection Area A” includes areas containing Significant Woodlands, Shorelines, Significant Valley Lands and Stream Corridors, and Wetlands, and is shown on Schedule A attached hereto; (p) “Tree Protection Area B” include all areas not subject to “Tree Protection Area A” and is shown on Schedule A attached hereto. Part 2 – Regulations 2.1 General Prohibitions (a) Unless otherwise exempted by this By-law, no person shall cause or permit any injury, destruction, or removal of 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. - 268 - By-law No. XXXX/XX Page 4 (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; - 269 - By-law No. XXXX/XX Page 5 (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; (j)the injuring, destruction, or removal 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)to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001; (l)pruning that is necessary to maintain the health and condition of the tree and is carried out in accordance with Good Arboricultural Practices; (m)to woodlands that are governed by By-law Number 30-2020 of the Regional Municipality of Durham or its successor; (n)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; (o)the injuring, destruction, or removal of trees undertaken by a Conservation Authority on its own lands or in response to a Declared Emergency; (p)the injuring, destruction, or removal of trees at the direction of Emergency Services; (q)the injuring, destruction, or removal of a tree located within an actively managed cultivated orchard, tree farm or plant nursery; (r)the injuring, destruction, or removal of a tree as identified by a Certified Arborist as a threat to health or safety; (s)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; (t)the injuring, destruction, or removal of a tree that is required by a Property Standards Order issued under the Building Code Act; (u)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.; (v)the injuring, destruction, or removal of one tree, located on the owner’s property, if the tree is located within 6 metres of the foundation of a proposed new dwelling unit or the foundation of a proposed addition to an existing dwelling or within the building envelope of a proposed addition to an existing dwelling on the same property pursuant to a building permit; - 270 - By-law No. XXXX/XX Page 6 i.An exemption will not be granted for the injuring, destruction, or removal of another tree beyond the one tree exemption granted in accordance with section 2.2 (v) of this By-law. Any additional tree removals will be subject to a tree removal application permit and an arborist report demonstrating that the proposed building activity would have a negative impact on the tree’s health, or the structural integrity of such a tree would have a detrimental impact on the building foundation in the future. 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 any supporting documents as required by the City and the fee set out in Section 3.3 of this By-law. (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, and there is no practicable reason for its removal; vii.the removal of a tree in Tree Protection Area A: a)will interfere with natural drainage processes; b)will result in soil erosion, slope instability or siltation in a watercourse; c)will have a significant impact on any healthy vegetation community within, and adjacent to the subject site; d)will have a significant impact on any fish or wildlife habitat within, and adjacent to the subject site. - 271 - By-law No. XXXX/XX Page 7 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 set out in Section 3.3 of this By-law is required to be paid 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. (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. - 272 - By-law No. XXXX/XX Page 8 (h) 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. (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. (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 Refer to the City of Pickering’s Summary of Fees & Charges - 273 - By-law No. XXXX/XX Page 9 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, 20XX. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk - 274 - Whi t e s R o a d Liv e r p o o l Road Highway 401 Kin g s t o n R o a d Fin c h A v e n u e Brock Road Shep p ard Aven ue Glena n na Road Cen t r a l S t r e e t Altona Road Strouds L ane P ick e ri n g ParkwayValley Farm Road Fairp o r t R o a d Dixi e R o a d Seven t h C o n c e s s i o n R o a d Whitevale Road Squir e s B e a c h R o a d Highway 7 Third ConcessionRoad San d y B e a c h R o a d Nin t h C o n c e s s i o n R o a d Twyn R i v e r s Drive Clemen t s Road Hi g h w ay 407 Bayly Street Ros e b a n k R o a d Taunton Road Wes t n e y R o a d Salem R o a d PeterMatthews Dri v e LEGEND © The Corp oration of the City of Pick erin g Produced (in p art) un der licen se from: © Kin g's Prin ter, On tario Min istry of Natural Resources. All rights reserved.;© His Majesty the Kin g in Right of Can ada, Dep artmen t of Natural Resources. All rights reserved.;Con tain s in formation licen sed un der the Op en Govern men t Licen ce – On tario. This is Not a Plan of Survey. Tree Protection Area A Tree Protection Area 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 TREE PROTECTION AREA SCHEDULE A TOBY-LAW XXXX-XX - 275 - Appendix II to Report PLN 37-23 Financial Implications of Required Staff Positions - 276 - Financial Implications of the Minimum Staff Resources required to Administer, Implement, Inspect, and Enforce the new Tree Protection By-law Covering the entire City of Pickering The extended scope of the new draft Tree Protection By-law, covering all lands in the City of Pickering, requires the following additional staff resources and capital start-up costs to properly administer, implement, inspect and enforce the new By-law. The Directors of the relevant Departments identified the following positions (annual Salary & Benefits): Tree Protection By-law Implementation 2024 Budget Current Budget One, Full Time, Coordinator, Forestry Management: $144,000 One, Full Time, Municipal Law Enforcement Officer I: 111,900 One, Part Time, Clerk, Administration Business Licensing: 55,781 Sub Total $311,681 Capital Budget One ½ ton pick-up truck $70,000 Three workstations 15,000 Three laptops/computers 13,500 Two smartphones 1,300 Sub Total $99,800 Grand Total $411,481 The funding “Ask” for the 2024 Budget is $411,481 which represents a 0.49 percent levy impact on the draft 2024 Budget. - 277 - Appendix III to Report PLN 37-23 The Modernized Tree Protection By-law - 278 - 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; 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 new by-law that re-establishes the Tree Protection Area and regulatory criteria from By-law 6108/03, as amended, with regards to the injuring, destruction or removal of trees in the City of Pickering, and that also incorporates modernized language, definitions, and updated fines in the By-law; and 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. - 279 - By-law No. XXXX/XX Page 2 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 of 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. 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 properties in the Tree Protection Area. 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) “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; (b) “City” shall mean The Corporation of the City of Pickering; (c) “Clerk” shall mean the Clerk for The Corporation of the City of Pickering or his/her 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; - 280 - By-law No. XXXX/XX Page 3 (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) “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; (i) “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; (j) “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; (k) “Owner” shall mean the registered owner of land, or their agent, or anyone acting under the direction of the owner or their agent; (l) “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; (m) “Property Standards Order” shall mean an order issued under the City of Pickering Property Standards By-law 7887/21, as may be amended; (n) “Site” shall mean the area of land containing any tree(s) proposed to be injured, destroyed or removed; (o) “Tree Protection Area” includes areas containing Significant Woodlands, Shorelines, Significant Valley Lands and Stream Corridors, and Wetlands, and is shown on Schedule A attached hereto. Part 2 – Regulations 2.1 General Prohibitions (a) 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 the 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 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. - 281 - By-law No. XXXX/XX Page 4 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 the Tree Protection Area; (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; (j) the injuring, destruction, or removal 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) to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001; - 282 - By-law No. XXXX/XX Page 5 (l)pruning that is necessary to maintain the health and condition of the treeand is carried out in accordance with Good Arboricultural Practices; (m)to woodlands that are governed by By-law Number 30-2020 of the Regional Municipality of Durham or its successor; (n)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; (o)the injuring, destruction, or removal of trees undertaken by a Conservation Authority on its own lands or in response to a Declared Emergency; (p)the injuring, destruction, or removal of trees at the direction of Emergency Services; (q)the injuring, destruction, or removal of a tree located within an actively managed cultivated orchard, tree farm or plant nursery; (r)the injuring, destruction, or removal of a tree as identified by a Certified Arborist as a threat to health or safety; (s)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; (t)the injuring, destruction, or removal of a tree that is required by a Property Standards Order issued under the Building Code Act; (u)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 any supporting documents as required by the City, and the fee set out in Section 3.3 of this By-law. (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; - 283 - By-law No. XXXX/XX Page 6 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, and there is no practicable reason for its removal; vii. the removal of the tree: a) will interfere with natural drainage processes; b) will result in soil erosion, slope instability or siltation in a watercourse; c) will have a significant impact on any healthy vegetation community within, and adjacent to the subject site; d) will have a significant impact on any fish or wildlife habitat within, and adjacent to the subject site. 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 set out in Section 3.3 of this By-law is required to be paid 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. - 284 - By-law No. XXXX/XX Page 7 (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) No person shall cause or permit any action contrary to an order issued under this By-law. (i) 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. - 285 - By-law No. XXXX/XX Page 8 (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 Refer to the City of Pickering’s Summary of Fees & Charges 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. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk - 286 - Whi t e s R o a d Liv e r p o o l Road Highway 401 Kin g s t o n R o a d Fin c h A v e n u e Brock Road Shep p ard Aven ue Glena n na Road Cen t r a l S t r e e t Altona Road Strouds L ane P ick e ri n g ParkwayValley Farm Road Fairp o r t R o a d Dixi e R o a d Seven t h C o n c e s s i o n R o a d Whitevale Road Squir e s B e a c h R o a d Highway 7 Third ConcessionRoad San d y B e a c h R o a d Nin t h C o n c e s s i o n R o a d Twyn R i v e r s Drive Clemen t s Road Hi g h w ay 407 Bayly Street Ros e b a n k R o a d Taunton Road Wes t n e y R o a d Salem R o a d PeterMatthews Dri v e LEGEND © The Corp oration of the City of Pick erin g Produced (in p art) un der licen se from: © Kin g's Prin ter, On tario Min istry of Natural Resources. All rights reserved.;© His Majesty the Kin g in Right of Can ada, Dep artmen t of Natural Resources. All rights reserved.;Con tain s in formation licen sed un der the Op en Govern men t Licen ce – On tario. This is Not a Plan of Survey. Tree Protection Area 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 TREE PROTECTION AREA SCHEDULE A TOBY-LAW XXXX-XX - 287 - Attachment #1 to Report PLN 37-23Legislative 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. - 288 - 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: Attachment - 289 - 1.Prepare a draft by-law that would regulate tree removal of a defined diameter onprivate 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 duringconstruction; 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 hardsurfacing 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 thework plan no later than the June 2023 Executive Meeting. - 290 - Attachment #2 to Report PLN 37-23 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 - 291 - 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. - 292 - 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; - 293 - 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: - 294 - 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. - 295 - 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 - 296 - - 297 - Attachment #3 to Report PLN 37-23 New Draft Tree Protection By-law Second Round of Public Engagement – Summary Teaming Up at the Pickering City Centre Farmers’ Market Working in tandem with Sustainability staff, insight to the Tree Protection By-law Project (TPB) was provided to the public through pop-ups at the Pickering City Centre Farmers’ Market. City staff provided the public with an opportunity to engage and learn more about the purpose and contents of the new draft TPB, ask questions, and highlighted engagement opportunities by referring to the project webpage, letstalkpickering.ca/trees, distributing postcards and asking people to comment on the new draft TPB, and complete the on-line survey. Second Public Information Centre (PIC) A PIC was hosted at the Civic Centre Lobby, the evening of June 28, 2023 from 6:00 pm to 8:00pm. The event was advertised on the Community Page of the News Advertiser on June 15, 2023 and June 22, 2023 and on the City’s website and social media channels. Six participants attended the event. Feedback included comments regarding the rights and responsibilities of property owners, that felling trees is a means to avoid natural disasters such as forest fires, that unattended camp fires pose a danger to trees, and questions were asked on how to prune overhanging trees. Participants also gained greater insight into the tree permitting process and implications, if the removal of trees was necessary, and the survey results from the first round of public engagement. Participants were also encouraged to review the new draft Tree Protection By-law and to fill out the on-line survey. Virtual Stakeholder Meeting A virtual stakeholder meeting was held on July 5, 2023. Notice of the event was given via email, to arborists, landscape specialists, developers, tree-related businesses, organizations or professionals, and posted on the Durham Region Home Builders’ Association page on June 22, 2023. The purpose of the meeting was to provide an update on the TPB Project and to also provide an opportunity to stakeholders to review and comment on the proposed new draft TPB, and fill out the second online survey. A staff member from the Region of Durham Planning and Economic Development Department attended the virtual meeting and provided comments on the new draft TPB. The online event provided staff with an opportunity to clarify the difference between the City’s TPB and the Regional Woodland By-law 30-2020. The comments provided by Regional staff were primarily technical in nature except for the suggestion that the City considers a DBH lower than 30 centimetres for regulating trees in Tree Protection Area B (trees on private properties outside of environmentally sensitive areas). Staff considered the comments and incorporated certain minor modifications to the initial new draft Tree Protection By-law. The staff presentation was uploaded to the project website, for those unable to attend the virtual meeting. - 298 - The Second Online Survey A second online survey was posted on the Let’s Talk Pickering project page from June 26, 2023 to July 14, 2023, yielding 45 responses. While the first survey was aimed principally to leverage quantitative feedback, the second was aimed at gaining qualitative feedback. The following list is a summary of the responses from the second survey: •78% of the respondents had not attended any previous engagement opportunities; •42% believed the proposed new draft Tree Protection By-law would address thepreservation of trees in Pickering, while 58% believed it would not; •Many felt the materials provided were easy to understand, were in support of protecting trees, while also in support of protecting young and specific trees; •A few spoke to government overreach, and expressed concern that the City is not doingenough towards actively managing trees; and •59% of respondents were from the L1V postal code, with 33% from L1W, 5% from L1Xand 3% from L1Y. A list of key comments from the second online survey can be found on the next page. Waterfront Advisory Committee Information Session At the request of the Waterfront Advisory Committee, an information session was provided to the Committee on September 18, 2023, to keep members informed of the intent and progress made towards a draft Tree Protection By-law. A motion was made in support of the Tree Protection By-law. - 299 - Key Comments from the Second Online Survey •78% of the respondents had not attended any previous engagement opportunities; •42% believed the proposed new draft Tree Protection By-law would address the preservation of trees in Pickering, while 58% believed it would not; •Many felt the materials provided were easy to understand, were in support of protecting trees, while also in support of protecting young and specific trees; •A few spoke to government overreach, a lack of clear authority of the City towards tree management, providing fee and cost examples, and what metrics would determine the success/failure of the new Tree Protection By-law; •The need to include sick, diseased and invasive trees in the draft by-law; •Remove duplication, and add definitions that are not in the by-law, while providing clarity to ‘dead trees’ and ‘actively managed cultivated orchards’; •Inclusion of other habitats being impacted during growing season beyond migratory birds; •Healthy trees should not be removed unless for specific reasons, and increasing the fine for illegally removing a single tree, with offenders replacing trees; •Provide clarity to criteria regarding injured and pruning trees, and whether there are costs associated with inquiring about removing a tree; •Focus planting trees on public lands, provide tree planting events; •Mailing physical copies to residents such as pamphlets, provide more in-person meetings/workshops, community programs, have mall displays, add signage in parks providing information, continue to provide information and transparency; •Provide an online tool to report trees in poor condition or questionable activities by residents, and assist residents in determining the health of existing trees on their property; •Permit fees should be included if there is no re-planting performed, and have all fees collected towards tree replanting; •Remove appeal fee, reduce the DBH and reduce the cost of a permit application; •No rationale for extending tree protection area, but more a case of following other municipalities; •Smaller lots lead to trees becoming evasive quicker and removing big trees from smaller yards is a big expense; •The City should prepare for forest fires and how to deal with unattended camp fires; •Encourage the City to have necessary staff to enforce the new by-law; •Provide incentives for property owners with trees, rather raising costs through fees; •City to appoint a tree advocate who can report back to Council and demonstrate the work the City is performing; •Over regulation for primarily rural areas, paired with fees and absence of any incentives, will turn trees into a liability and hence will not provide more tree protection in/for Pickering; - 300 - • On smaller private properties with 1 acre or less, a permit should only be required for trees with more than 50 centimeter DBH because the Tree Protection Area B in the northern part of Pickering is fairly large and rich in tree population; • By-law is harassing the wrong people by rewarding those who cement their yard and punish tree planters and owners that maintain trees; and • Of the 45 responses: 59% of respondents were from the L1V postal code, with 33% from L1W, 5% from L1X and 3% from L1Y. - 301 -