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HomeMy WebLinkAboutOctober 14, 2003 Council Meeting Agenda Tuesday, October 14, 2003 (I) ADOPTION OF MINUTES Special Meeting of September 29, 2003 Regular Meeting of October 7, 2003 (11) RESOLUTIONS PAGE To adopt the Planning Committee Report dated October 14, 2003. To adopt the Committee of the Whole Report dated October 14, 2003. 2 To declare the office of Mayor as vacant pursuant to Section 262(1) of the Municipal Act. 3-8 To consider the disposition of Blocks 50 on Grafton Court. 9-13 5. To consider Corporate Services Report CS 42-03, concerning Veridian Corporation Shareholders' - First Amending Agreement. To Be Circulated Under Separate Cover (111) BY-LAWS By-law Number 6187/03 14-18 Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended by By-law 6006/02, to implement the Official Plan of the City of Pickering, Region of Durham, Block T, Plan M15, Parts 2 and 3, 40R21463, in the City of Pickering. (A 7/03) By-Law Number 6188/03 19-26 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 28, Range 3, B.F.C. (Part 1, Plan 40R-14431, Part 1, Plan 40R-2767), in the City of Pickering. (A 04/01) -1- Council Meeting Agenda Tuesday, October 14, 2003 By-law Number 6189/03 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 17, 18 & 19, Plan 230, City of Pickering. (A 14/03) By-law Number 6190/03 Being a by-law to provide for the establishment of a Reserve Fund to be known as the Doubles Squash Courts Reserve Fund. By-law Number 6191/03 Being a by-law to confirm General Municipal Fees and Charges pursuant to the Municipal Act, 2001. To Be Circulated Under Separate Cover By-law Number 6192/03 Being a by-law to authorize the issuance of debentures in the amount of $160,000 to purchase a 2002 Champion 740VHP Grader for the purpose of maintaining roads. To Be Circulated Under Separate Cover By-law Number 6193/03 Being a by-law to authorize the issuance of debentures in the amount of $100,000 for Granite Court Bridge Repair in the City of Pickering. To Be Circulated Under Separate Cover 27-34 35 -2- Council Meeting Agenda Tuesday, October 14, 2003 By-law Number 6194/03 Being a by-law to authorize the issuance of debentures in the amount of $200,000 for Petticoat Creek Culvert Rehabilitation in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6195/03 Being a by-law to authorize the issuance of debentures in the amount of $48,000 for Parking Lot and Road Improvements for portion related to Amberlea Road Rehabilitation in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6196/03 Being a by-law to authorize the issuance of debentures in the amount of $818,000 for the Reconstruction of Rougemount Drive in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6197~03 Being a by-law to authorize the issuance of debentures in the amount of $274,000 for Surface Treatment, ^udley Road in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6198~03 Being a by-law to authorize the issuance of debentures in the amount of $100,000 for Asphalt Paving and Concrete Works for Liverpool Road South in the City of Pickering. To Be Circulated Under Separate Cover -3- Council Meeting Agenda Tuesday, October 14, 2003 By-law Number 6199/03 Being a by-law to authorize the issuance of debentures in the amount of $615,000 for the new construction of Progress Frenchman's Bay East Park in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6200/03 Being a by-law to authorize the issuance of debentures in the amount of $230,000 for Sports Field Lighting and Improvements, Kinsmen Park in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6201/03 Being a by-law to authorize the issuance of debentures in the amount of $100,000 for the Storm Water Management - Amberlea Creek Watercourse Works in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6202/03 Being a by-law to authorize the issuance of debentures in the amount of $150,000 for the Storm Water Management - Amberlea Creek Watercourse Works in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6203~03 Being a by-law to authorize the issuance of debentures in the amount of $75,000 for the Parking Lot and Road Improvements for portion related to Recreation Complex Parking Lot Final Topcoat. To Be Circulated Under Separate Cover -4- Council Meeting Agenda Tuesday, October 14, 2003 By-law Number 6204/03 Being a by-law to authorize the issuance of debentures in the amount of $370,000 for Roof Replacement at the Delaney area of the Pickering Recreation Complex. To Be Circulated Under Separate Cover By-law Number 6205/03 Being a by-law to authorize the issuance of debentures in the amount of $74,000 for Sidewalk - Whites Road and Pickering Recreation Complex in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6206/03 Being a by-law to authorize the issuance of debentures in the amount of $180,000 for the Replacement of Dry-O-Tron at the Pickering Recreation Complex in the City of Pickering. To Be Circulated Under Separate Cover By-law Number 6207/03 Being a by-law to approve and authorize the execution of an amendment made as of the 30th day of September, 2003 to the shareholders' agreement made as of the 28th day of September, 2001 amongst The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Municipality of Clarington, The Corporation of the City of Pickering, Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. To Be Circulated Under Separate Cover -5- Council Meeting Agenda Tuesday, October 14, 2003 By-law Number 6208~03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 605 Stroud's Lane - Highbush Public School, 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 1975 & 1958 Rosefield Rd., 1915 Denmar Rd., 1525/35 Diefenbaker Court, 1530/40 and 1625 Pickering Pkwy., 1360 & 1885 Glenanna Road, 1000/1400 The Esplanade, 925 Bayly St., and 1650 Kingston Road. 36-37 (IV) 1. CONFIDENTIAL MATTER To review a land transaction matter. (V) OTHER BUSINESS (VI) CONFIRMATION BY-LAW (VII) ADJOURNMENT -6- O, 0! i RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Planning Committee Report dated October 14, 2003, be adopted. CARRIED: MAYOR Cite RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Committee of the Whole Report dated October 14, 2003, be adopted. CARRIED: MAYOR (.)93 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the letter dated October 8, 2003 from Wayne Arthurs resigning from the Office of Mayor be received. That pursuant to Section 262(1) of the Municipal Act, 2001, the Council of the Corporation of the City of Pickering hereby declares the Office of Mayor to be vacant, That pursuant to Section 262(3) of the said Act, the Council of the Regional Municipality of Durham be forwarded a copy of this declaration. CARRIED: MAYOR REPORT TO COUNCIL Report Number: CL 27-03 Date: October 8, 2003 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Resignation of Wayne Arthurs from Office of the Mayor Recommendation: That the letter dated October 8, 2003 from Wayne Arthurs resigning from the Office of Mayor be received. That pursuant to Section 262(1) of the Municipal Act, 2001, the Council of the Corporation of the City of Pickering hereby declares the Office of Mayor to be vacant. That pursuant to Section 262(3) of the said Act, the Council of the Regional Municipality of Durham be forwarded a copy of this declaration. Executive Summary: Pursuant to Section 262(1) of the Municipal Act, Council is required to declare the office of a Member of Council vacant when he or she resigns from that Council. Financial Implications: Not applicable Background: Please be advised October 8, 2003. information. that Wayne Arthurs resigned from the Officer of Mayor effective A copy of his letter of resignation is attached hereto for your Members of Council should be aware of the sections of the Municipal Act that deal with resignations and vacancies: Section 259(1)(d) The office of a member of council of a municipality becomes vacant if the member resigns from his or her office and the resignation is effective under Section 260. Report CL 27-03 Date: October 8, 20050 Subject: Resignation of Wayne Arthurs from Office of the Mayor Page 2 Section 260(1) A member of council of a municipality may resign from office by notice in writing filed with the clerk of the municipality. Section 262(1) If the office of a member of council becomes vacant under Section 259, the council shall at its next meeting declare the office to be vacant .... Section 262(3) If a local municipality declares the office of one of its members who also holds office on the council of the upper- tier municipality to be vacant, the local municipality shall immediately forward a copy of its declaration to the council of the upper-tier municipality. Section 263(5) .... if a vacancy occurs within 90 days before voting dat of a regular election, the municipality is not required to fill the vacancy. Council passed By-law Number 6183/03 on September 29, 2003 to appoint Councillor Brenner as the Interim Mayor pursuant to Section 242 of the Municipal Act which states that "A municipality may appoint a member of the council to act in the place of the head of council .... when the office is vacant and while so acting such member has all the powers and duties of the head of council. Based on the foregoing, Council is obligated to declare the Office of Mayor as vacant and to forward a copy of that Declaration to the Region of Durham. Attachments: 1. Letter of resignation from Wayne Arthurs dated October 8, 2003 Prepared By: /~,/Bruce Taylor City Clerk Attachments CORP0227-07/01 GReport CL 27-03 Date: Subject: Resignation of Wayne Arthurs from Office of the Mayor October 8, 2003 Page 3 Recommended for the consideration of Pickering City Cou~ · omas J. Quinn, Chief Administrative Officer CORP0227-07/01 PICKERING Picketing Civic Complex One The Esplanade Picketing, Ontario Canada L1V 6K7 Direct Access 905.420.4660 cityofpickering.com OFFICE OF THE MAYOR Department 905.420.4600 Facsimile 905.420.6064 mayor@city, picketing.on.ca October 8, 2003 Mr. Bruce Taylor, AMCT, CMM City Clerk City of Pickering One The Esplanade Pickering, ON L1V6K7 Subject: Resignation from Office of Mayor of the City of Pickering Dear Mr. Taylor: Pursuant to Section 260(1) of the Municipal Act, 2001, I herewith submit my resignation from the Office of Mayor effective October 8, 2003. As you know, I was elected to the Legislative Assembly on October 2, 2003 and will be commencing my duties as the MPP for Pickering-Ajax-Uxbridge within the very near future. Although I am looking forward to representing the residents of Pickering, Ajax and Uxbridge at Queen's Park, it is with some sadness that I tender my resignation from the Office of Mayor. I was first elected to office in 1982 as a Local Councillor and have served as the Mayor of our City since 1988. During my time on Council, I have had the opportunity to work with very dedicated people who have offered their time to serve on both the City and Regional Council with me. In addition, I have appreciated the efforts of the professional staff at both the City and Regional levels. Resignation from Office of Mayor October 8, 2003 Page 2 Pickering, and indeed the entire Region of Durham, is a destination of choice for many people to live in, work or visit. I am proud to have been a part of its development and will certainly miss the politicians, staff and community activists who have made our City and Region a jewel within the GTA. Yours truly Wayne Arthurs, Mayor CITY OF PICKERING Copy: Members of Council Roger Anderson, Chair, Regional Municipality of Durham Chief Administrative Officer RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the memorandum of the Director, Operations & Emergency Services dated October 7, 2003 concerning Block 50, Plan 40M-1627, Grafton Court, be received for information. CARRIED: MAYOR OPERATIONS & EMERGENCY SERVICES DEPARTMENT MEMORANDUM October 7, 2003 To: Mayor Arthurs and Members of Council From: Everett Buntsma Director, Operations & Emergency Services Subject: Block 50, Plan 40M-1627 Grafton Court File: PD1000 Council had requested some background information respecting Block 50, Plan 40M- 1627 located at the westerly end of Grafton Court. This Block 50 is presently the subject of an 'encroachment agreement with both the Davis' and Johnstons who abut on opposite sides of the City owned Block 50. This Block 50 was obtained in 1990 from John Boddy Developments to permit the servicing (water, sewer, telephone, hydro) of 966 Finch (Hertzberg residence) and to ensure access, if required, in the event the Region of Durham determined the Hertzberg access to Finch should be discontinued. The Region has advised that this access would not be discontinued as long as the property remained as a residential unit. In light of this it is unlikely the Block 50 would be used as a driveway, however, I have attached correspondence to the Hertzbergs sent by Mr. T.J. Quinn in 1995, which will enlighten and inform Council of the various concerns respecting this Block 50. The situation remains virtually unchanged since that time so the outline is still appropriate and concise. Staff recommend that The City maintain ownerShip and that all previous possibl~ uses remain as an option for these lands. ~" ~rett B'd'nts n~'/ EB:mld Attachments Copy: .Chief Administrative Officer Director, Planning & Development Division Head, Municipal Property & Engineering Pd\block 50 hertzberg\pdl000 Mrs. K. Schrnitz-Hertzberg 966 Finch Avenue Picketing, Ontario L1V l-J5 Dear Mrs. Hertzberg: 'i RBCEFv~D } u~o ~ , COPY TO: MAYOR EX. DIR. OPN$. FiRE CHIEF FLANNING TRANSIT MAN,- ALS. MAN.- IS, EMPL. EQUITY P,.E: Block 50, Plan 40M-1627, Town of Pickering .Legal File V9301 (Legal Services) 01i I am pleased to be Writing you to advise that I have Completed my review of the situation concerning Block 50 of Plan 40M-1627, and have reached a 'position respecting the disposition of these lands. I would like to thank you for the information you provided me on this subject.. As .I mentioned .to you irt our earlier meeting, I was .not prepared to take a'position on this matter until I had considered all the facts and understood the long history connected to this issue, I firmly believe that my position, outlined below, reflects fairness to all parties, and is based on a good understanding of the issues and 'positions expressed by all stakeholders. My poskion was reached following detailed discussions with both the Town Manager (Mi'. C.M.T: Sheffield), and the Director of Planning (Mr. N. Carroll), both of whom are very familiar with the history of this land and who concur. ' * Block 50, Plan 40M-1627 should remain in the Town's ownership. It would not · be appropriate for the Town to sell all. or part of Block 50 to private individuals. These lands may be requked in Ihe future for a purpose unknown to us today. Being in Town ownership leaves options open for the future and does not clOse'any doors tgday. * Vehicular access should not be provided at this time over Block 50, PI-an 40M 1627 for the purpose of egress and ingress to the existing residence at 966 Finch Avenue. While k is clear from the documentation that one of the reasons for establishing Block 50 was to provide the opportunity for vehicular access to the existing residence at 966 Finch Avenue from Graffon Court, it is also clear that this provision continued... Mrs. Hertzberg Page 2 was established due to the uncertainty 0flong term protection for the existing vehicular entrance to this property from Finch Avenue. Details of the widening of Finch Avenue were not known at the time of the registration of Plan 40M-1627, and it was not known at that time whether the existing vehicular access cOuld remain with the furore improvement of the road. Consequently provisions for an alternative vehicular access were secured through the establishment of Block 50. A letter dated July 16, 1993 from Mr. M.T. Wilson, Road Design Supervisor of the Region of Durham Works Department to Councillor Rick Johnson indicates that the 'vehicular entrance to 966 Finch Avenue will not be restricted through future improvements, provided that the .entrance remains for th~ residential use. I felt'that for your protection' this Regional position. should be strengthened and freshly documented by a senior Regional Official. I have attached for your records a letter dated November 23, 1994 from Mr. T. Prevedel, Director of Transportation 'of the Region Of Durham to Mr. Neil Carroll, Director of Planning for the Town of Pickering. This letter provides you with the security of · knowing that your vehicular entrance .to Finch Avenue will be honoured and preserved as long as the residential use of your property continues. Further, .the Pickering Fire Department advises that they are satisfied with the present access to your property and do not require vehicular access t .hrough Block 50 to provide fire protection. Based on these facts I do not consider vehicular access'to your property through Block 50 to be essential'or appropriate at this time. By the Town retaining ownership of the Block, you are not precluded from seeking permission from the Town for vehicular access over the Block should you require it as a Primary access in the future. · Any future public walkway through the tributary, of Pine Creek over your driveway could be implemented withOut compromising public safety. Our records indicate that you currently ,own the valley lands between your residence and Finch AvenUe, over which your driveway passes. As we noted to you, it is in the long term interest of the Town to secure a public walkwaY/trail along this valley system. HoWever, the Precise alignment of the trail is not known at this time, and your permission would have to be given to any such endeavour over yourIands. We feet that if such permission were secured, a pedestrian trail could be designed to pass over your driveway without compromising public safety. Again, the implementation.of this section of trail is not in the Town's immediate plans. I.have addressed the issue due to the concern you expressed over this matter in our earlier discussions. * The Town should provide you with a permanent below grade servicing easement over Block 50, Plan 40M-1627. I understand that services have been provided underground to your property through Block 50 from Grafton Court. I believe that your rights to cross this Block for such underground services should be secured through a permanent easement in your favour. If you concur, I will request that the Town Solicitor prepare the necessary documents to provide such an easement. continued... C 13 Ivirs. Herrzberg Page 3 · The licence agreement- between Davis/Given and the Town for the 'temporary 'utilization Of Block 50, Plan 40M-1627 for residential purposes· in conj unction With their respective Lots, and for erecting a fence along the Block should be registered in the basic 'form of the draft, you had in your possession, on which you commented. As I advised you, the licence agreement between the Town and. Davis/Given has neither been executed by the Town nor registered. However, based on my consideration of all the facts, I am now prepared, to proceed, with finalizing the agreement. The details of. this agreement are between the Town' and Davis/Given and I do not. consider it appropriate for you to be party to this agreement. 'The Town is retaining ownership' of Block 50 and reserves the fight to revoke the licence at any time (UPOn 60-day notice to Davis(Given), should conditions Present themselves which justify reconsideration of the licence.. The provisions of the agreement provide for it to expire when either party ceases to be.the owner of their respective abUtting lot. I consider this · to be a beneficial clause in the agreement as it ensu{es that the precise nature of the licence agreement will be brought to the attention of any new owner and it provides the. Town with an opportunity to assess its position. The Town remains in full control over the use of Block 50. I hope that this letter clearly outlines my position on this matter and that you understand the reason for 'my arriving at each part of that position. By the Town retaining ownership 6fBlock 50, Plan 40M-1627, options remain open for the future use of the Block which I believe is in the best interest of'the Town and those seeking alternative uses for the'Block. I would be pleased to meet with you at your residence or at the Town offices, should you wish t'o discuss the contents of this letter, and will make myself available over the phone. PleaSe contact my secretary, Mrs. Rita Gaskin at 420-4648, should you wish to arrange an appointment. NC/bo'c Attachment Yours very truly ~;~' CC; Town Manager DLrector of Planning RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY It is recommended that Report CS 42-03 of the Director, Corporate Services & Treasurer, concerning Veridian Corporation Shareholders' Agreement - First Amending Agreement, be received; and 2. That correspondence, dated October 9, 2003, Attachment 1 from the Executive Vice President, Corporate Affairs & Secretary Treasurer, being Resolutions considered by the Board of Directors of Veridian Corporation at its meeting of October 9, 2003 regarding the First Amending Agreement and nominations to the Board of Directors be received by Council for information in considering the recommendations contained in this report; and That By-law 6207/03, Attachment 2, which includes the First Amending Agreement to the Shareholders' Agreement be read three times and passed by Council; and 4. That in regards to the appointment of the Interim Mayor as a Director of Veridian Corporation: ao The Clerk be authorized to execute the Resolution of Shareholders, Attachment 3; b. The Clerk be authorized to execute the Nomination Form, Attachment 4; The Interim Mayor be authorized to execute the Certificate and Consent Form, Attachment 5; The Interim Mayor and Clerk be authorized to execute Proxy and Designation of Shareholder Representative Form, Attachment 6; The Intedm Mayor be authorized to execute the Indemnity Agreement, Attachment 7. That the appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED: MAYOR PICKERING REPORT TO COMMITTEE OF THE WHOLE Report Number: CS 42-03 Date: October 14, 2003 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Veridian Corporation Shareholders' Agreement - First Amending Agreement Recommendation: It is recommended that Report CS 42-03 of the Director, Corporate Services & Treasurer be received and that: correspondence, dated October 9, 2003, Attachment 1 from the Executive Vice President, Corporate Affairs & Secretary Treasurer, being Resolutions considered by the Board of Directors of Veridian Corporation at its meeting of October 9, 2003 regarding the First Amending Agreement and nominations to the Board of Directors be received by Council for information in considering the recommendations contained in this report; By-law 6207/03, Attachment 2, which includes the First Amending Agreement to the Shareholders' Agreement be read three times and passed by Council; and, in regards to the appointment of the Interim Mayor as a Director of Veridian Corporation: a. the Clerk be authorized to execute the Resolution of Shareholders, Attachment 3 b. the Clerk be authorized to execute the Nomination Form, Attachment 4 c. the Interim Mayor be authorized to execute the Certificate and Consent Form, Attachment 5 d. the Interim Mayor and Clerk be authorized to execute Proxy and Designation of Shareholder Representative Form, Attachment 6 e. the Interim Mayor be authorized to execute the Indemnity Agreement, Attachment 7. the appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: Not applicable Report CS 42-03 Date: October 14, 2003 Subject: Veridian Shareholders' Agreement - First Amending Agreement Page 2 Financial Implications: None Background: Recommendation 2 in regards to Attachment 1 is being forwarded to Council, as directed by the Board of Directors of Veridian Corporation so that the Board's position on the proposed amendments to the Shareholders' Agreement is presented to Council when the amendments are considered. Basically the Board is not in favour of any of the amendments except for one which allows the Belleville representative to serve as President or Vice President of the Board. Recommendation 3 provides for the passing of the By-law to provide the authority for the Interim Mayor and the Clerk to execute the First Amending Agreement to the Veridian Shareholders Agreement. This Agreement amends the Shareholders Agreement in order to allow any member of the Board to be nominated as Chair or Vice Chair. This will allow such participation by the Belleville representative (the Mayor). Also, reference to the Executive Committee of Veridian Corporation is being removed as the Committee is no longer active. These changes were approved by the Board of Directors at its meeting of June 12, 2003 and first presented to the Council of the City of Pickering at its meeting of June 23, 2003. Council at its meeting of June 23, 2003 in considering Report CS 29-03 of the Director, Corporate Services & Treasurer did adopt the Recommendations contained in that report and also passed Resolution 109/03 which states in part: "NOW THEREFORE the Council of the Corporation of the City of Pickering hereby gives its approval to amend the shareholder agreement for Veridian Corporation so that the Veridian Board of Directors be comprised of no less than one appointed member of the public, per member municipality, with the remainder being comprised of Members of Council from the municipalities that have ownership in the Corporation; and THAT the composition of the Board of Directors remain unchanged in terms of number of Board members of Ajax, Clarington and Pickering but that the City of Belleville be granted one additional seat." I have been advised that the Councils of the other shareholder's have adopted Pickering's Resolution and it is therefore now appropriate for Council to pass the attached by-law which provides for the execution of the First Amending Agreement. The original form of this Agreement was approved by Council in June, 2003, as mentioned above, however, it was never executed. The shareholders of Veridian Corporation have each passed Council By-laws requesting that the Shareholders Agreement for Veridian Corporation be amended to: Report CS 42-03 Date: October 14, 2003 Subject: Veridian Shareholders' Agreement - First Amending Agreement Page 3 permit each shareholder to nominate Council Appointees to the board of directors of Veridian Corporation so long as at least one of each shareholder's appointee is not a Council Appointee of that shareholder; and · grant Belleville an additional nominee to the board of directors of Veridian Corporation The explanations of the Amending Agreement changes are: the current Shareholders Agreement permits Shareholders to nominate appointees to the Board of Directors provided that Council Appointees (including the Mayor or Mayor's designate) do not comprise a majority of that Shareholder's nominees to the Board. The Shareholders have directed that the restrictions should be relieved to allow the Shareholders to appoint additional Council Appointees to the Board provided that at least one (1) nominee from each Shareholder is not a Council Appointee. It is our understanding that the Mayor's designate, if used, is to be appointed from Members of Council. The Amending Agreement clarifies the definition of Mayor's designate. the Shareholders have directed that the number of City of Belleville nominees be increased from one (1) appointee to two (2) appointees. This will increase the size of the Board from thirteen (13) directors to fourteen (14) directors. The composition of the Board will be: Pickering (5), Ajax (4), Clarington (3) and Belleville (2). Clarification is now provided within the Shareholders Agreement to confirm that a motion is defeated in the event that an equal number of votes are cast for and against a particular recommendation by the Board Directors. the current Shareholders Agreement contains provisions that restrict the election of the Chair and Vice-Chair to the Ajax, Clarington and/or Pickering nominees to the Board. The Belleville nominee is not currently eligible to be elected as Chair or Vice Chair. The Shareholders Representatives have directed that the Belleville nominees should also be eligible to be elected as Chair or Vice-Chair of the Board. the current Shareholders Agreement contains provisions for an Executive Committee. This Executive Committee is comprised of six (6) directors appointed from the directors representing Ajax (2 directors), Clarington (1 director) and Pickering (3 directors). The Chair and Vice Chair of the Board of Directors must be a member of the Executive Committee, but Belleville does not have a nominee to the Executive Committee. The Executive Committee has not operated since October 2001 and instead, the Board of Directors meet on a monthly basis rather than quarterly. In view of the current redundancy of the Executive Committee, it is proposed that the Executive Committee provisions of the Shareholders Agreement be removed. The removal of the Executive Committee provisions then removes the restriction on electing the Belleville nominees to the Chair or Vice-Chair positions. Report CS 42-03 Date: October 14, 2003 Subject: Veridian Shareholders' Agreement - First Amending Agreement Page 4 Legal counsel for Veridian Corporation has drafted municipal By-laws and the Shareholder Amending Agreement to effect these changes. Those documents are attached to this report. Furthermore, the Veridian Shareholders Agreement stipulates that former Mayor Arthurs must be replaced, by the Council of the City of Pickering, on the Board of Directors of Veridian once he ceases to hold the office of the Mayor. As the Mayor was successful in his bid to be elected to Provincial Parliament this process must now be put in place since he has resigned as Mayor of Picketing. By virtue of Council passing Recommendation 4 in all its parts Maurice Brenner, Interim Mayor, will be appointed as a Director to the Board of Veridian Corporation. Attachments: 1. Correspondence dated October 9, 2003 from the Executive Vice President Corporate Affairs & Secretary Treasurer regarding nominations to the Board of Directors 2. By-law to Approve and Authorize the Execution Shareholders' Agreement 3. Resolution of Shareholders 4. Nomination 5. Certificate and Consent 6. Proxy and Designation of Shareholder Representative 7. Indemnity Agreement of an Amendment to the GAP:vw Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council., .~, /~'~ Tl~Omas J. Ouinn, Chief Administrative Officer Prepared / Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer VE RI DIAN CORPORATION October 9, 2003 Mr. Bruce Taylor Town Clerk City of Picketing One The Esplanade Pickering ON L1V 6K7 ATTACHMENT # , J , TO it, EPOP,,T# 55 Taunton Road, East Ajax, ON L1T 3V3 ?el-' (905) 427-9870 F~,x: (905) 619-0210 www. veridian.on.¢a Dear Mr. Tayl°r Re: Veridian Corporation Shareholders Amending Agreement-Nominations to the Board of Directors On October 9th Veridian Corporation's Board met to consider the Amending Agreement and except for the 3Ta provision with respect to the Belleville Directors serving as Chair or Vice Chair, it is seriously opposed to the provisions of the Amending Agreement. By resolution it established its position as follows: "That the current provisions (the status quo) with respect to the ratios of Members of Council and Non Members of Council on the Veridian Board of Directors be maintained." Carried Reason: Veridian Corporation is a business enterprise incorporated under the Ontario Business Corporations Act. It should be governed by a majority of individuals who are not Members of Council and who have the professional and business skills as set out in the Ontario Business Corporations Act. A move to alter the number of Council Members on the Board from the current 6 to a permissible maximum of l O would not be in the best interest of the Corporation and the Shareholder. "That the number of Directors from the City of Belleville be increased from 1 to 2" Defeated Reason: Based on its shareholdings in Veridian Corporation, Belleville would be overrepresented with two directors. This wouM be a disadvantage the other shareholders and their interests. "That the Belleville Director be permitted to serve as Chair or Vice Chair of the Board" Carried Reason: There is no reason why the Belleville Director should not be permitted to serve as Chair or Vice Chair of the Board. Yours truly, ident Corporate Affairs & The power to make your community better. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6207/03 Being a by-law to approve and authorize the execution of an amendment made as of the 30th day of September, 2003 to the Shareholders' Agreement made as of the 28th day of September, 2001 amongst The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Municipality of Clarington, The Corporation of the City of Pickering, Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. WHEREAS The Corporation of the Town of Ajax ("Ajax"), The Corporation of the City of Belleville ("Belleville"), The Municipality of Clarington ("Clarington") and The Corporation of the City of Pickering ("Pickering") entered into a shareholders' agreement (the "Shareholders' Agreement") made as of the 28th day of September, 2001 with Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc.; AND WHEREAS the p'arties to the Shareholders' Agreement wish to amend the same to (a) provide that the Chair and Vice-chair of Veridian Corporation may be any one of the nominees to its board; (b) remove the provisions relating to an executive committee of Veridian Corporation; (c) to permit each shareholder to nominate Council appointees to the board of directors of Veridian Corporation so long as at least one of each shareholders is not a Council appointee of that shareholder; and (d) grant Belleville an additional nominee to the board of directors of Veridian Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOLLOWS: That Council authorizes and approves the first amending agreement to the Shareholders' Agreement (the "First Amending Agreement") made as of the 14th day of October, 2003 amongst Ajax, Belleville, Clarington and Pickering, as the shareholders of Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. in the form of the draft agreement presented to Council and attached hereto as Schedule '%"; That the Mayor and the Clerk are authorized to execute the First Amending Agreement. That the Clerk is authorized to affix the Corporate Seal of The City of Pickering to the First Amending Agreement. 4. By-law 6158/03 is hereby repealed. By-law read a first, second and third time and finally passed this 14th day of October, 2003. Interim Mayor City Clerk Schedule A FIRST AMENDING AGREEMENT TO SHAREHOLDERS' AGREEMENT THIS FIRST AMENDING AGREEMENT made as of the *** day of ********, 2003. BETWEEN: The Corporation of the Town of Ajax, a municipal corporation existing under the laws of Ontario ("Ajax") The Corporation of the under the laws of Ontario ("Belleville") - and - City of Belleville, a municipal corporation existing The Corporation of the Municipality of Clarington, a municipal corporation existing under the laws of Ontario ("Clarington") The Corporation of the under the laws of Ontario ("Pickering") - and - City of Picketing, a municipal corporation existing - and - Veridian Corporation, a corporation existing under the laws of Ontario ("VC") - and - Veridian Connections Inc., a corporation existing under the laws of Ontario ("VCI") - and - Veridian Energy Inc., a corporation existing under the laws of Ontario ("VEI") - and - -2- (Ajax, Belleville, Clafington, Pickering, VC, VCI and VEI are collectively referred to herein as the "Parties") RECITALS: mo The Parties entered into a shareholders' agreement made as of the 28th day of September, 2001 (the "Shareholders' Agreement"); Bo The Parties wish to amend the Shareholders' Agreement to (i) permit a Belleville nominee to serve as the Chair or Vice-Chair of the board of directors of VC (the "Board"); (ii) delete the provisions of the Shareholders' Agreement relating to the executive committee of the Board; (iii) to allow for an increase in each municipal Party's Council representation on the board of directors of VC; and (iv) grant Belleville one additional nominee to the board of directors of VC; NOW THEREFORE THIS FIRST AMENDING AGREEMENT WITNESSES that in consideration of the respective covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: All capitalized terms used in this First Amending Agreement and not defined herein shall have the meanings given to them in the Shareholders' Agreement. All references herein to Sections and Subsections are references to Sections and Subsections in the Shareholders' Agreement unless otherwise stated herein. 3. In Section 1.1, the definition of "Majority Rule" is hereby deleted. 4. In Section 1.1, the following definition of "Mayor's Designate" is hereby added: .... Mayor's Designate" means the designate selected by the Mayor to serve on the Board in place of the Mayor provided that the Mayor's Designate shall be a member of that Mayor's municipal Council." 5. Subsection 3.2(b) is hereby deleted and replaced with the following: "The Board and Subsidiary Boards. The business and affairs of Veridian Corporation shall be managed or supervised by the Board which shall consist of 14 directors or such other number of directors as the Shareholders may determine from time to time by special resolution in accordance with the Act. Each of the Initial Shareholders shall nominate the number of members to the Board listed opposite that Initial Shareholder's name below: Number of Directors Nominee of 4 Ajax 2 Belleville 3 Clarington -3- 5 Picketing The Board shall annually elect from its members a Chair and Vice-Chair. o o 10. Subsection 3.2(d) is hereby deleted and replaced with the following: "Qualifications of Board. Each Initial Shareholder shall nominate the Mayor of the Initial Shareholder or the Mayor's Designate as one of the Initial Shareholder's nominees to the Board provided that if the Mayor ceases to hold the office of Mayor, the appointing Initial Shareholder shall forthwith replace the Mayor or the Mayor's Designate, as applicable. Each Initial Shareholder shall nominate to the Board members of its council (including the Mayor or the Mayor's Designate) ("Council Appointees") provided that at least one nominee of each Initial Shareholder shall not be a Council Appointee of that Initial Shareholder. In addition to the requirements of the Act, the qualifications of candidates for the Board shall, where possible, include the following: (i) business experience; (ii) time availability; (iii) financial skills; (iv) marketing skills; (v) industry knowledge; (vi) independence of judgment; (vii) integrity; (viii) (ix) knowledge of public policy issues relating to the Corporations; and knowledge and experience concerning environmental matters, relations and occupational health and safety issues." labour Subsection 3.20) is hereby amended by adding the following sentence immediately after the end of the second sentence of Subsection 3.20): "In the event that an equal number of votes are cast at a meeting both for and against a motion, the motion shall be defeated." Subsection 3.3(a) is hereby amended by deleting in its entirety Subsection 3.3(a). Except as expressly set out herein, the Shareholders' Agreement remains in full force and effect, unamended. This First Amending Agreement shall be governed by and construed in accordance with the laws of Ontario. -4- 11. This First Amending Agreement shall enure to the benefit of, and be binding on, the Parties and their respective successors and permitted assigns. 12. This First Amending Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will be deemed to constitute one and the same agreement. IN WITNESS WHEREOF the Parties by their duly authorized representatives have executed this First Amending Agreement as of the day and year first above written. THE CORPORATION OF THE TOWN OF AJAX By: c/s Name: Steve Parish Title: Mayor By: c/s Name: Marty deRond Title: Clerk THE CORPORATION OF THE CITY OF BELLEVILLE By: c/s Name: George A. Zegouras Title: Mayor By: c/s Name: Wayne Tod Title: City Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: c/s Name: John Mutton Title: Mayor By: c/s Name: Patti Barrie Title: Clerk -5- THE CORPORATION PICKERING OF THE CITY OF By: Name: Maurice Brenner Title: Interim Mayor c/s By: Name: Bruce Taylor Title: Clerk c/s VERIDIAN CORPORATION By:, Name: John Wiersma Title: President c/s By: Name: James Mason Title: Chair c/s VERIDIAN CONNECTIONS INC. By: Name: John Wiersma Title: President c/s By: Name: Jim McMaster Title: Chair c/s VERIDIAN ENERGY INC. By: Name: John Wiersma Title: President c/s By: Name: Jim Witty Title: Chair c/s ::ODM A\PCDOCS\CCT~422470W ATTACHFIENT# ,~ TO I:~.POP, T# ~s' ~,=2 - 0.5 VERIDIAN CORPORATION (the "Corporation") RESOLUTION OF SHAREHOLDERS Directors WHEREAS effective October 9, 2003 Wayne Arthurs has ceased to be the Mayor of the City of Pickering and accordingly ceases to be a director of the Corporation on such date; AND WHEREAS The Corporation of the City of Pickering has notified the Corporation that Maurice Brenner has been appointed Interim Mayor effective October 9, 2003; AND WHEREAS pursuant to the shareholder agreement in respect of the Corporation dated September 28, 2001, The Corporation of the City of Pickering has nominated, by nomination attached hereto, Maurice Brenner for a director of the Corporation; RESOLVED that Maurice Brenner is declared to be elected a director of the Corporation to hold office for a term expiring the earlier of, the date he ceases to be Interim Mayor of the City of Pickering and the close of the next ensuing third annual meeting of the shareholders, or until his successor is elected or appointed pursuant to the provisions of the shareholder agreement dated September 28, 2001, as amended and replaced from time to time. THE FOREGOING RESOLUTION in writing is consented to by all the shareholders of the Corporation pursuant to the provisions of the Business Corporations Act (Ontario). DATED as of the 14th day of October, 2003. THE CORPORATION OF THE TOWN OF AJAX THE CORPORATION OF THE CITY OF BELLEVILLE per: per: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON THE CORPORATION OF THE CITY OF PICKERING per: per: :: ODMA\PCDOCS\CCTx457961 \ 1 TO: AND TO: ATTACHMENT #._~__TO REPORT #~e-r_.7 NOMINATION VERIDIAN CORPORATION THE SHAREHOLDERS THEREOF The undersigned advises that Maurice Brenner has been appointed Interim Mayor of the City of Pickering effective October 9, 2003. Pursuant to section 3.2(c) of the shareholder agreement dated September 28, 2001, the undersigned nominates Maurice Brenner for a director of Veridian Corporation. Dated the 14th day of October, 2003. THE CORPORATION OF THE CITY OF PICKERING per: REPORT# ~' ~/~2 -o$ CERTIFICATE AND CONSENT TO: VERIDIAN CORPORATION I consent to serve as a director of the Corporation. I (a) certify that I am (i) a citizen or permanent resident of Canada, and (ii) ordinarily resident in Canada, (b) acknowledge that the Corporation is relying upon this certificate for the purpose of ensuring compliance by the Corporation with the provisions of the Business Corporations Act and (c) agree to advise the Corporation immediately by an instrument in Writing delivered to the Corporation of any change in my citizenship or place of residence. I consent to the participation by any director at a meeting of the board of directors or a committee of directors by means of such telephone, electronic or other communication facilities as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously, such consent to continue in effect unless revoked by an instrument in writing delivered to the Corporation. DATED as of the 14th day of October, 2003. Maurice Brenner ATTACHMENT #._~ TO REPORT PROXY AND DESIGNATION OF SHAREHOLDER REPRESENTATIVE For use at annual and special general meetings of shareholders of VERIDIAN CORPORATION (the "Corporation") DESIGNATION OF SHAREHOLDER REPRESENTATIVE Pursuant to Section 3.7 of the shareholders' agreement dated September 28, 2001 among The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington, The Corporation of the City of Pickering and the Corporation, et al (the "Shareholders Agreement"), the undersigned shareholder of the Corporation hereby designates MAURICE BRENNER, its Interim Mayor, as its legal representative (the "Shareholder Representative") for the purposes of providing any consent or approval required by the Shareholders' Agreement or by the Business Corporations Act (Ontario) (the "Act"). In the event that the Mayor is unable or unwilling to act as the Shareholder Representative, the undersigned hereby designates TOM QUINN, its Chief Administrative Officer, as the Shareholder Representative for the purposes of the Shareholders' Agreement and the Act until the undersigned expressly determines otherwise. APPOINTMENT OF PROXY The undersigned hereby appoints the Shareholder Representative, MAURICE BRENNER, its Interim Mayor, or, failing him, TOM QUINN, its Chief Administrative Officer, to attend and act for and on its behalf in respect of any and all matters that may come before any annual or special general meeting of the Corporation to be held from time to time and at any and every adjournment of any such meeting so held and with respect to any and all matters which may be brought before or dealt with at such meeting or otherwise with respect to which the holders of Common shares of the Corporation shall be entitled to vote and the said Mayor or the said Chief Administrative Officer, as the case may be, shall be entitled to vote all shares of the Corporation owned by the undersigned in his sole discretion with respect to such matters being voted upon and with respect to any amendments or variations relating thereto. It is understood that this appointment shall continue in full force and effect, and the Corporation may rely thereupon until such time as either a revocation thereof or a new form of proxy replacing the form of proxy herein is delivered by the undersigned to the Corporation. This Proxy and Designation of Shareholder Representative is issued in replacement of the Proxy and Designation of Shareholder previously issued by The Corporation of the City of Pickering on September 28, 2001. DATED as of the 14th day of October, 2003. THE CORPORATION OF THE CITY OF PICKERING per: per: Name: Maurice Brenner Title: Interim Mayor Name: Bruce Taylor Title: Clerk ATTACHMENT #~TO I~EPOI~T #_~_~ ~ - o~ INDEMNITY AGREEMENT This Agreement made as of the 14th day of October, 2003. BETWEEN: VERIDIAN CORPORATION, a corporation amalgamated under the laws of Ontario, (hereinafter referred to as "HoldCo") OF THE FIRST PART, - and - MAURICE BRENNER, (hereinafter referred to as the "Director") OF THE SECOND PART, WHEREAS HoldCo is formed under the provisions of the Business Corporations Act (Ontario) (the "Act"); AND WHEREAS the Director, at the request of HoldCo, has accepted the position of a director of HoldCo; AND WHEREAS the Director has no direct or indirect financial interest in HoldCo; AND WHEREAS the by-laws of HoldCo provide that it shall indemnify a director or officer in certain circumstances. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and the covenants and agreements herein contained and for other good and valuable consideration (the receipt and adequacy of which is hereby acknowledged by each of the parties hereto), and in consideration of the Director's consenting to act as a director of HoldCo and acceding to HoldCo's request to accept such position, the parties agree as follows: 1. HoldCo shall indemnify the Director and his heirs and legal representatives against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by him in respect of any civil, criminal or administrative action or proceeding to which he is made a party by reason of being or having been a director of HoldCo if: (a) he acted honestly and in good faith with a view to the best interests of HoldCo; (b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, he had reasonable grounds for believing that his conduct was lawful; and (c) in the case of an action by or on behalf of HoldCo to procure a judgment in its favour, HoldCo obtains any approval required under the Act in respect of such indemnification. 2. HoldCo shall use its best efforts to obtain any approval required under the Act or otherwise in respect of any indemnification required to be made by it under this agreement. 3. HoldCo shall indemnify the Director in such other circumstances as the Act, as amended from time to time, permits or requires. 4. Any indemnification to be made to the Director under this agreement shall not be affected by any remuneration that he shall have received, or to which he may be entitled, at any time for acting in his capacity as a director of HoldCo. 5. HoldCo shall purchase and maintain insurance for the benefit of the Director against any liability incurred by the Director in his capacity as a director of HoldCo, except where the liability relates to his failure to act honestly and in good faith with a view to the best interests of HoldCo. 6. This agreement may not be assigned by HoldCo and shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 7. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties hereby attorn and submit to the non-exclusive jurisdiction of the Courts of the Province of Ontario in connection with any action, suit or proceeding brought in relation to this agreement. 8. The parties shall sign such further and other resolutions, documents and papers, cause such meetings to be held, votes cast, special resolutions and resolutions passed, by-laws enacted and documents executed, and do and perform and cause to be done and performed such further and other acts and things as may be necessary or desirable to give full effect to this agreement. 9. This agreement may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. 10. This agreement may not be amended except by an instrument in writing signed by all parties hereto which specifically refers to the amendment of this agreement. This agreement shall be effective as of the date hereof and shall remain in full force and effect until such time as the Director ceases to be a director of HoldCo. Termination of this agreement in accordance with its terms shall not affect any obligation of HoldCo, arising prior to termination in favour of the Director, including without limitation any obligation to indemnify by reason of any matter which has arisen or circumstances which have occurred prior to termination. 11. The invalidity or unenforceability of any provision of this agreement or any covenant herein contained shall not affect the validity or enforceability of any other provision or covenant hereof or herein contained, and the agreement shall be construed as if such invalid or unenforceable provision or covenant were omitted. 12. In this agreement where the context so requires words importing number shall include the singular and plural, words importing gender shall include the masculine, feminine and neuter genders and words importing persons shall include firms and corporations and vice versa. 13. Time shall be of the essence of this agreement and of each and every part hereof. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. (Witness) Maurice Brenner, Interim Mayor VERIDIAN CORPORATION per: James Mason, Chair of the Board per: John Wiersma, President ::ODMA\PCDOCS\CCT~457973\l PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM September 30, 2003 To: Bruce Taylor City Clerk From: Perry Korouyenis Planner I Subject: Zoning By-law Amendment Application A 7/03 1381190 Ontario Limited 701 Krosno Boulevard Block T, Plan M15 (Parts 2 and 3, 40R21463) City of Pickering On July 28, 2003, Council approved the above-noted application to amend the zoning by-law to permit the establishment of a convenience store .(maximum gross leasable floor area of 120 square metres) in association with the existing gas bar on the subject property. Municipal Property & Engineering has developed a landscape plan on City owned land for the south-east corner of Liverpool Road and Krosno Boulevard. The proposed landscaping treatment integrates the subject property into the overall Liverpool Road streetscape improvement scheme. A 'Millennium Waterfront' sign has recently been installed on City lands. Funding for the remainder of the landscaping treatment is to be brought forward for consideration in the 2004 budget. The owner of the subject property has agreed, in writing, to contribute financially to the beautification of the City owned corner, and has agreed to amend the approved site plan for 701 Krosno Boulevard to remove a proposed propane tank that would have impacted the Liverpool Road streetscape. In addition, the owner has agreed to take initiative in maintaining the cleanliness of the City owned corner. This agreement is subject to the implementing by-law becoming final. The draft amending by-law has been prepared and the draft by-law has been circulated to and approved by the applicant, and is attached for the consideration of City Council at their meeting scheduled for October 14, 2003. 1381190 Ontario Limited A 7/03 September 30, 2003 Page 2 015 A Statutory Public Meeting was held for this application on June 19, 2003. The purpose and effect of this by-law is to amend the zoning by-law to permit the establishment of a convenience store (maximum gross leasable floor area of 120 square metres) in association with the existing gas bar on the subject property. If you require further assistance or clarification, please do not hesitate to contact the undersignedl I concur that this by-law be considered at this time. Director, P~_~ Development Perry..~o~enis ~ Planr¢~~" PK:Id pkorouyenis/Re-zonings/Krosno-A07-03/by-law memo.doc Attachment THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6187/03 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended by By-law 6006/02, to implement the Official Plan of the City of Pickering, Region of Durham, Block T, Plan M15, Parts 2 and 3, 40R21463, in the City of Pickering. (A 7/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to amend the zoning by-law to permit the establishment of a convenience store in association with the existing gas bar on the subject lands, being; Block T, Plan M15, Parts 2 and 3, 40R21463, City of Pickering. AND WHEREAS an amendment to By-law 2520, as amended by By-law 6006/02, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: (1) (2) (3) (4) TEXT AMENDMENT Section 4. DEFINITIONS of By-laTM 6006~02, is hereby amended by deleting thereto the following: (1) "Accessory Convenience Items" shall mean items that are limited to coffee, chips, donuts, muffins, cake, cigarettes and beverages, in single servings for immediate consumption by the traveling public, but shall not include a retail store, a neighbourhood convenience store, or any establishment providing the sale of produce, canned goods, baked items (in quantity), meat or poultry, and/or dairy products (not sold in single servings); Section 4. DEFINITIONS of By-law 6006~02, is hereby further amended by adding thereto the following: (4) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessity are kept for retail sale primarily to residents of or persons employed in the immediate neighbourhood; Section 4. DEFINITIONS of By-law 6006~02, is hereby renumbered to reflect Text Amendments (1) and (2) above. Section 5. (1) (a) of By-law 6006/02, is hereby amended by adding thereto the following: (5) (6) (ii) convenience store Section 5. (1) (a) of By-law 6006/02, is hereby renumbered to reflect Text Amendment (4) above. Section 5. (1) (b) (iii) B and C of By-law 6006/02, is hereby repealed and replaced by the following subclauses: B The aggregate gross leasable floor area within the automobile service station - type G dedicated to a convenience store shall not exceed 120 square metres; C A convenience store shall be permitted on the subject property only in conjunction with an automobile service station - type G; D Clause 5.18 a) of By-law 2520, shall not apply to the lands designated "CA(G)" on Schedule I attached hereto. 2 2. AREA RESTRICTED By-law 2520, as amended by By-law 6006~02, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2520. 3. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second and third time and finally passed this 14 ,, of October ,2003. day Wayne Arthurs, Mayor Bruce Taylor, Clerk 017 018 BAYLY AVENUE TATRA DRIVE ~TREet FRENOH~AN'S BAY HALLER AVENUE aVE. ILONA P~K ROAD ANNLAND STREET BROAOV~EW STREET STREET COUGAR AVENUE BALATON AVENUE CRESCENT LAKE ONTAR/O City of Pickering Planning & Development Department JDATE SEPT. 23, 200~: PLANNING AND DEVELOPMENT DEPARTMENT MEMORANDUM 019 October 1,2003 To: From: Subject: Bruce Taylor City Clerk Steve Gaunt Planner II Draft Amending By-law for Zoning By-law Amendment Application A 04/01 (Phase 2 Lands) Marion Hill Development Corp., Part of Lot 28, Range 3, B.F.C. (now Part 1, Plan 40R-14431) (South-east corner of Whites Road and Sheppard Avenue) City of Pickering On June 17, 2002, Council approved the above-noted application to permit residential development of the subject lands (see attached location map). This application was approved by City Council with the zoning by-law to be forwarded in two phases. The reasons for the phased approach were to allow time for the City to reach decisions on the enclosure of the Ambertea Creek corridor that crosses the Phase 2 lands or its retention in an open state, and to consider whether it wishes to declare surplus, and sell its lands within the Phase 2 area. The Phase I zoning by-law (By-law 6010/02) was passed by Council on July 29, 2002, and permitted the development of the western three-quarters of the subject lands for 67 townhouses and stacked townhouses. Subsequently, the Committee of Adjustment varied the by-law to eliminate the requirement for stacked units adjacent to' Whites Road, reduce the minimum height requirement along Whites Road from 4 functional storeys to 3 functional storeys, and to reduce a yard requirement. It is anticipated that City Council will adopt recommendations affecting the enclosure of Amberlea Creek at its meeting scheduled for October 7, 2003. The effect of the recommendations is the retention of the Amberlea Creek corridor as an open channel. It is also anticipated that Council will consider a confidential report at its meeting scheduled' for October 14, 2003, respecting a declaration that its lands within Phase 2 are surplus, and for sale. 020 Zoning By-law Amendment Application A 04/01 Marion Hill Development Corp. October 1, 2003 Page 2 Marion Hill Corporation and Intracorp Holdings Limited are now ready to proceed with their development and have expressed an interest in acquiring the City's parcel. A site plan has been submitted that illustrates a coordinated development of the Phase 1 and Phase 2 lands (see attached site plan). The plan includes a comprehensive development with a total of 79 townhouse units, a tot lot and a publicly accessible walkway linking Sheppard Avenue to Delta Boulevard. This plan must still be reviewed by the City through the Site Plan Approval process. Maintenance of the creek corridor as an open channel will buffer the existing residential uses to the east on Sheppard Avenue. The applicant has also requested that the zoning by-law for the Phase 2 lands be brought forward for consideration by Council. The draft by-law has been circulated and approved by the applicant, and is attached for the consideration of City Council at its meeting scheduled for October 14, 2003. A Statutory Public Meeting was held for this application on May 17, 2001. Please note that this by-law may be given all three readings at the October 14, 2003 Council Meeting. The purpose and effect of this by-law is to amend Zoning By-law 3036, as amended, to permit a coordinated development on the Phase 1 and Phase 2 lands as follows: · open-space land uses on the eastern one-fifth of the subject lands (the stream corridor lands); · townhouse dwellings on the western four-fifths of the subject lands at a maximum density of 55 units per net hectare; and, · incorporating the earlier Committee of Adjustment decision. If you require further assistance or clarification, please do not hesitate to contact the undersigned. concur that this by-law be considered at this time. Di~cto~.prtlng & Development SG:jf SGADobbin/MemoToClenkFore,,a~dingPhase]lZoning Bylaw Attachments ./.v,..~Steve Gaunt, Planner II 021 {.~NE STROUD$ HEDGEROW CrES. FLAVELLE COURT TRAIL WEYbURN AVENUE EDGEWOOD COURT SHADYBROOK SHEPPARD JACQUELINE C.N.R. WELRU$ STREET AVENUE LANOS --J I Ouu~^,R ST. RAINY' DAY STEEPLE HILL City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 28, RANGE 3, B.F.C.; PART 1, 40R-14431; PART 1, 40R-2767 A OWNER MARION HILLS DEVELOPMENT INC. DATE MAY 11, 2001 DRAWN BY RC APPLICATION No. A 4/01; OPA 01-002/P SCALE 1:7500 CHECKED BY SG FOR DEPARTMENT U~,E ONLY PN-6 PA- 022 INFORMATION COMPILED FROM APPLICANT'S REVISED CONCEPTUAL SITE PLAN A 04/01 SHEPPARD AVENUE EAST ~ ~ [--,r---- ,'F----F'---,r'---7 ..... r-'--'," T----n---r ;E 2 %-IrI'L..J' U L PHASE 1 \ ~ I I ................ _ ................ J., ~ ,L .................. I THIS MAP WAS PRODUCED BY THE CITY OF PICKER/NO PLANNING & DEVELOPMENT DEPARTt/ENT. INFORMATION ~r SUPPORT SERVICES, OCT. I, 2003. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6188/0~ Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering Distdct Planning Area, Region of Durham in Part of Lot 28, Range 3, B.F.C. (Part 1, Plan 40R-14431, Part 1, Plan 40R-2767), in the City of Pickering. (A 04/01) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of a range of dwelling types and open space uses on the subject lands, being Part of Lot 28, Range 3, B.F.C. (Part 1, Plan 40R-14431, Part 1, Plan 40R-2767) in the City of Pickering: AND WHEREAS an amendment to By-law 6010/02, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOLLOWS: 2.2 2.3 SCHEDULE AMENDMENT Schedules I and II to By-law 6010/02, are hereby repealed and replaced with Schedules I and II attached hereto. TEXT AMENDMENT Section 4.(1)(b) of By-law 6010/02, is hereby amended by deleting the words "only on the lands cross-hatched on Schedule I attached hereto"; Section 4.(2)(b)A of By-law 6010/02, is hereby repealed and replaced by the following subclause: 4.(2)(b)A Within the cross hatched area shown on Schedule I, the minimum building height shall be 3 functional storeys and the maximum building height shall be 18 metres and 4 storeys; Section 4.(2)(c) of By-law 6010/02, is hereby repealed and replaced by the following subclause: Dwelling Unit Requirements: A maximum of 55 units per net hectare shall be permitted on the lands designated "RMM-4 "on Schedule I attached hereto; 2.4 By-law 6010/02 is hereby amended by adding the following Section 5. PROVISIONS (1) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) preservation and conservation of the natural environment, soil and wildlife; (b) resoume management; 023 024 2.5 (c) pedestrian trails and walkways; (2) Zone Requirements ("OS-HL" Zone) (a) (b) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes. Despite Clause (a) above, tot lots, visitor parking spaces and associated traffic aisles are permitted within the diagonally hatched area as illustrated on Schedule I attached hereto. By-law 6010/02 is hereby amended by renumbering Sections 9 and 10 to read 6 and 7 respectively. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 4. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this !4 day of Otto bet ,2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk RMM-4 S-HL SCHEDULE Z TO BY-LAW AMENDED BY BY-LAW PASSED THIS t4 DAY OF October 2003 6188./03 ~,n/n~ MAYOR CLERK 025 026 S-HL 0R-2767 RMM-4 PART 1, 4-0R-1~-,~31 BUILDING BUILD-TO-ZONE SCHEDULE TF-TO BY-LAW AMENDED BY BY-LAW 6olo/o2 PASSED THIS ]4 DAY OF oc rob er 2003 MAYOR CLERK THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6189/03 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 17, 18 & 19, Plan 230, City of Picketing. (A 14/03) WHEREAS the Council of the Corporation of the City of Pickering passed By-law 2497/87 & 5150/97, amending By-law 3036, to permit the development of restricted light industrial uses and mixed uses on the subject lands, being Part of Lots 17, 18 & 19, Plan 230, in the City of Picketing; AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to further amend By-law 3036, by replacing By-laws 2497/87 & 5150/97, to permit a mix of institutional, commercial, personal service, office, and residential uses on the subject lands, being Part of Lots 17 & 18, Plan 230, in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I & II Schedule I & II attached, to this By-law with notations and references shown thereon is hereby decl~fbd to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 17, 18 & 19, Plan 230, in the City of Pickering, designated "MU-17" on Schedule I attached to this By-law. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this (1) (2) By-law, "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fratemal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theaters, but shall not include a retail store; (3) (4) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership; "Commercial Recreation Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided and operated for gain or profit, and which may include an arena or stadium, but shall not include a place of amusement or entertainment as defined herein; 02'7 028 (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) -2- "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, an art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein; "Custom Workshop" shall mean a building or part of a building in which is carried on, at small scale, the custom assembly, development or production of articles for distribution or sale, or the activities of a trade, craft, or guild, which may include fumiture upholstering, but shall not include heavy industrial or manufacturing activities; "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children; "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabdcs which have been subjected to any such processes; "Duplicating Shop" shall mean a building or part of a building where such items as letters, plans, pictures and documents are reproduced by Photostatting, blueprinting, or other similar methods; (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Multiple Dwellinq-Vertical" shall mean a building containing three or more dwelling units attached horizontally and vertically by an above grade wall or walls, or an above grade floor or floors or both; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; "Functional Floor Level" shall mean an enclosed building storey containing an area of at least 50% of the building's ground floor area, and a ceiling height suitable for the intended use; "Funeral Home" shall mean a building or part of a building where funerals are conducted and shall be limited to such facilities as chapels, visitation rooms, administrative offices, rooms for the preparation of the deceased, display rooms for the storage of caskets, and garages for hearses and other equipment, but shall not include a single detached dwelling; "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (a) ,Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Covera.qe" shall mean the percentage of lot area covered by ail buildings on the lot; (16) (17) (18) (19) (2O) (21) (22) -3- (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or a dressmaking shop or a photographic studio, but shall not include a body rub parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment; "Pdvate Club" shall mean an athletic, recreational or social club, and includes the premises of a fraternal organization, but shall not include an adult entertainment parlour as defined herein or a body rub parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended form time-to-time, or any successor thereto; "Private Non-Residential School" shall mean a school which is maintained for educational or religious purposes but shall not include any other school defined herein; "Private Residential School" shall mean a school which is maintained for educational or religious purposes and which includes accessory residential facilities but shall not include any other school defined herein; "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, and engineer, a lawyer or a physician, but shall not include a body rub parlour as defined in section 224 (9)(b) of The Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; "Public Club" shall mean an athletic, recreational or social club not operated for gain or profit and having public membership, but shall not include an adult entertainment padour as defined herein or a body rub parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; (23) "Public School" shall mean, (24) (25) (a) a school under the jurisdiction of a Board of Education which Board is continued or established pursuant to the Education Act, R.S.O. 1990, c. E.2, or any successor thereto; (b) a college of applied arts and technology continued or established pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c.M.19, or any successor thereto; and (c) a university eligible to receive provincial funding pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c.M.19, or any successor thereto; "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept to offer for rent directly to the public; "Restaurant - Type E" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or elsewhere on the premises; 029 03O (26) -4- "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (27) "Veterinary Clinic" shall mean a building or part of a building providing the services of a veterinarian, and facilities for the medical treatment, examination, surgery, diagnosis, grooming, general health care, and observation of domestic animals and birds, but shall not include boarding or lodging. 5. PROVISIONS (1) Uses Permitted ("MU-17" Zone) No person shall within the lands zoned "MU-17" on Schedule I attached to this By-law use any lot or erect, alter or use any building or structure for any purpose except the following: (a) administrative office (b) antique sales and/or craft shop (c) athletic club and/or fitness establishment (d) business office (e) commercial club (f) commercial recreation establishment (g) commercial school (h) custom workshop (i) day nursery (j) dry cleaning depot (k) duplicating shop (I) financial institution (m) funeral home (n) medical ordentat clinic (o) personal service shop (p) place of assembly (q) private club (r) private non-residential school (s) professional office (t) public club (u) public school (v) residential - Multiple Dwelling -Vertical (w) rental establishment (x) restaurant - type E (y) retail store (z) veterinary clinic (2) Zone Requirements ("MU-17" Zone) No person shall within the lands zoned "MU-17" on Schedule I attached to this By-law use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING RESTRICTIONS: (i) Building Location and Setbacks: A Buildings and structures shall comply with the maximum building envelope illustrated on Schedule II attached hereto; B The build-to-zone illustrated on Schedule II attached hereto shall have located within it a building or buildings, or part of a building or buildings, which must occupy the minimum pementage of the length of the build-to-zone indicated on each area being ^, B or C as shown on Schedule II; C Despite B above no building shall required within the build-to-zone if such land is used for parking only; D -5- Notwithstanding clause A above, in the event that the rear lot line changes from the location of the line illustrated on Schedule I attached to this By-law, there shall remain a minimum rear yard building setback of 14.0 metres from the rear lot line; Notwithstanding clause B above, a deck, patio, or any building addition having a gross floor area less than 10 square metres, shall not be considered to be a building or part of a building for the purpose of satisfying the requirements of that clause, only; (ii) Building Height: A Within the Build-to-Zone- minimum 6.5 metres; B Within the Build-to-Zone- maximum 7.5 metres; C Within the building envelope- maximum18.0 metres; D Despite A & B above development within the Build-to-Zone on Area 'A' on Schedule II shall have a minimum height of 6.5 metres and maximum of 14.0 metres. (b) PARKING REQUIREMENTS: (i) For a day nursery school or private school there shall be provided and maintained a minimum of 4 parking spaces per 100 square metres of floor area exclusive of the floor areas associated with an auditorium/gymnasium, main entrances, foyers or other common element areas not associated with classrooms; (ii) For an athletic club and or / fitness establishment, pdvate / public club there shall be provided and maintained a minimum of 8 parking spaces for every 100 square metres of gross leasable floor area; (iii) For each dwelling unit there shall be provided and maintained a minimum of 1.5 parking spaces for each dwelling unit; (iv) For a funeral home there shall be provided and maintained the greater of ten parking spaces or one parking space for each 200 square metres of gross floor area; (v) For all other uses, there shall be provided and maintained on the lands a minimum of 5.5 parking spaces for every 100 square metres of gross leasable floor area or part thereof; (vi) Notwithstanding clauses 5.21.2(g) and 5.21.2(k) of By-law 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof. (c) SPECIAL REGULATIONS: (i) All uses, other than parking and outdoor play areas, shall take place entirely within enclosed buildings or structures with no outside storage or display; (~i) All development existing on the date of passing of this by-law, on Part of Lot 19, Plan 230 shall be deemed to comply with the provisions of By-law 3036, as amended; 0 3 2 -6- The minimum and maximum net residential density permitted on lands on Schedule I attached to this By-law shall be over 30 and up to and including 140 dwelling units per hectare; (iv) Section 5.22 (1) shall not apply to the lands designed MU-17 on Schedule I attached hereto. BY-LAW 3036 By-law 3036, as amended, is hereby further amended by replacing By-law 2497/87 and 5150/97 to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS of October ,2003. 14 day Wayne Arthurs, Mayor Bruce Taylor, Clerk MU-17 PLAN 250 PT LOT 17 & PT LOT 18 PLAN 230 PT LOT 17 PLAN 250 PT LOT 17 RP 40R-12151 PART 1 PLAN 230 PT LOT 17 RP ¢0R-16160 PART 2 SCHEDULE T TO BY-LAW PASSED THIS 14 DAY OF__ Octd~er __2003 6189/03 MAYO R CLERK O33 O34 B A /, ../ / / /- / ---- BUILDING ENVELOPE [~7-/-/-/-/-/-/-/-/~ BUILD-TO-ZONE ......LANDS AFFECTED BY THIS BY-LAW SCHEDULE Tr TO BY-LAW. PASSED THIS i4 DAY OF ~ ~,-~ ¢.r 2003 6189/03 MAYOR CLERK 40% C THE CORPORATION OF THE CITY OF PICKERING .-- ~,, ~'t '~,} BY-LAW NO. 619~ /03 Being a by-law to provide for the establishment of a Reserve Fund to be known as the Doubles Squash Courts Reserve Fund WHEREAS under the Municipal Act, S.C., 2001 as amended, Section 417(1), the Council of the City of Pickering may establish and maintain a reserve fund for any purpose for which it has authority to expend funds. WHEREAS the Council of the City of Pickering has endorsed in principle the construction of two doubles squash courts at the Pickering Recreation Complex. WHEREAS it is desirable for the City of Pickering to establish such a reserve fund for the purpose of receiving funding from the Pickering Squash Club, memberships' surcharges, corporate sponsorships or any third parties for contributions towards future capital projects or undertaking that may be considered and approved by Council. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The establishment of a reserve fund known as the Doubles Squash Courts Reserve Fund is hereby authorized. The Doubles Squash Courts Reserve Fund shall consist of such moneys paid by Pickering Squash Club, memberships' surcharges, corporate sponsorships, any third parties and such other funds as the Council may approve together with the investments made and earnings derived there from for the specific purpose of fulfilling future capital commitments. The Doubles Squash Courts Reserve Fund shall be used for the purpose of paying expenses related to the provision of doubles squash courts, or such other projects, as the Council of the City of Pickering may approve. 4. This By-law shall come into force on the date of its enactment. BY-LAW read a first, second and third time and finally passed the 14th day of October, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6191/03 Being a by-law to Confirm General Municipal Fees and Charges pursuant to the Municipal Act, 2001. WHEREAS the Municipal Act, 2001, S.O. 2001, c25, as amended, came into effect on January 1,2003; and WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c25, as amended, provides generally that a municipality may pass by-laws imposing fees and charges for services or activities provided by or on behalf of the municipality, for costs payable by the municipality for services or activities provided by or on behalf of the municipality, and for the use of the property of the municipality, including property under the municipality's control; and WHEREAS Section 391 does not apply to fees imposed by the municipality in respect of the licensing of businesses by the municipality, and therefore this By-law does not impose fees in respect of the licensing of businesses; and WHEREAS Ontario Regulation 244/02 limits the scope of Section 391 by, among other things, excluding by-laws which impose fees and charges for the processing of planning applications under the authority of the Planning Act, and therefore this By-law does not impose fees in respect of the processing of Planning applications pursuant to the Planning Act, nor for the processing of applications or the performance of services pursuant to the Building Code Act; and WHEREAS Ontario Regulation 244/02, Section 13, provides particular requirements, including the giving of notice, with regard to the power of a municipality to impose fees or charges for inspections or the issuance of permits for Fire purposes, and therefore this By-law does not impose fees in respect of inspections or the issuance of permits by the Fire Service; and WHEREAS otherwise the municipality is required to give notice of its intention to pass a by-aw pursuant to Section 391 only to parties who have given written notice to the municipality of their desire to be so notified, and the municipality has received no such written notice from any party; and WHEREAS the City of Pickering imposes a variety of fees and charges in respect to its services and activities and the use of its property, and wishes to confirm such fees and charges as currently are in place pursuant to the Municipal Act, 2001, S.O. 2001, c25, as amended; and WHEREAS Section 392 of the Municipal Act, 2001, S.O. 2001, c25, as amended, provides that a municipality shall maintain a list of fees and charges for public inspection as attached in Schedule A; and WHEREAS Section 396 of the Municipal Act, 2001, S.O. 2001, c25, as amended, authorizes such a by-law to provide for interest and other penalties for fees and charges that are due and unpaid, and requires such a by-law to set out when and in what manner fees and charges, including interest and other penalties, are to be paid; and WHEREAS the Municipal Act, 2001, S.O. 2001, c25, as amended, also states that fees and charges imposed by a municipality constitute a debt to the municipality, and authorizes the Treasurer of a municipality to add fees and charges imposed by the municipality to the tax roll of a property, under certain circumstances and to collect them in the same manner as municipal taxes. NOW THEREFORE THE COUNCIL OF THE CITY OF PICKERING DOES HEREBY ENACT AS FOLLOWS: 1. This by-law shall be known as the City of Pickering General Municipal Fees and Charges By-law. 2. Schedule A shall form part of this by-law. Council hereby confirms the fees and charges which are imposed for services and activities provided by or on behalf of the City and for the use of the property of the municipality, as set out in Schedule A and the amount of such fees and charges as set out in Schedule A. Any person requesting or applying for the service or activity of the City, or the permission to use the property of the City, as set out in Schedule A, shall pay the applicable fee or charge listed for that service or activity or the use of that property, as set out in Schedule A. The fees and charges set out in Schedule A, shall, unless otherwise noted, be subject to the addition of Goods and Services tax and Provincial Sales tax, where applicable by law. Unless otherwise provided, the service or activity shall not be provided by or on behalf of the City, and the City property shall not be permitted to be used, until the person requesting the City service or activity or the use of City property has paid the fee or charge set out in the applicable schedule. 7. The City may require a deposit of up to 50% of the applicable fee or charge, payable in advance, if one or more of the following circumstances are applicable. a) the applicant is neither a resident of the City nor someone who carries on business in the City b) the applicant has previously failed to pay a fee or charge imposed by the City in a timely fashion c) the applicant is currently indebted to the City d) the service or activity is to be provided by the City, or the City property is to be used by the applicant, over a substantial period of time e) the service or activity requires an unusual initial investment by the City f) the past conduct of the applicant person or organization has been such that the City has concern about the use of its property The City may refuse to provide a service to an applicant; permit an applicant participation in an activity; or, authorize the use of City property by an applicant, when the applicant owes the City past fees and charges, including any penalties and any costs of repair. Where an applicant person or organization has previously submitted to the City an NSF cheque, the City may require that the person or organization pay fees or charges by means of cash, money order, or certified cheque. 10.All City accounts and invoices are due and payable when rendered and outstanding City accounts and invoices shall bear interest at the rate of 1.25% per month, calculated from the thirty-first day after date on which the account or invoice was rendered. 11.The City Treasurer may add the amount of any fee or charge including those that are deemed to be taxes, including interest, imposed pursuant to this by-law to the tax roll for any real property for which all of the owners are responsible for paying the fee or charge and collect the amount in like manner as municipal taxes. 12. Schedule A to this by-law may be reviewed annually in conjunction with the annual City budget process and amended as appropriate. 13.This By-law shall supersede previous fees and charges by-laws as listed below: a) b) c) d) e) f) g) h) i) J) k) Paragraph 1 and 3 of Schedule "A" to By-law 6060/02 (Fill & Topsoil) is hereby repealed. Paragraph 3 and 6 of Section 2 of By-law 5728/00 (Cat & Dog By-law) is hereby repealed. Section 7 of By-law 425/76 (Fences & Pool Enclosures) as amended by By- law 5430/98, is hereby repealed. Subsection 5(2) of By-law 2439/87 (Signs) as amended by By-law 5430/98, is hereby repealed. Section 4(b), of By-law 6108/03 (Tree Protection) is hereby repealed. By-law 5241/98 (Property Information) is hereby repealed. By-law 4928/97 (Burial Permits) is hereby repealed. By-laws 5419/98 (Marriage Licenses) and 5934/01 (Signing Service Fees) are hereby repealed. Schedule "A" to By-law 3929/92 (Lottery Licensing) as amended by By-law 5972/02 is hereby repealed. By-law 5934/01 (Commissioning Documents) is hereby repealed. Schedule "A" to By-law 778/78 (Driveway Entrances) is hereby repealed. Sections 4,5 and 6 of By-law 5430/98 are hereby repealed. 14. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. By-law read a first, second and third time and finally passed the 14th day of October, 2003. ~- , ~.,~.;.,~;~ .., ~" City Clork THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6192/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $160,000 to purchase a 2002 Champion 740VHP Grader for the purpose of maintaining roads in the City of Pickering. WHEREAS Section 11 of the Municipal Act 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City has approved Report CS 08-03 at its meeting of January 20, 2003, pursuant to Resolution #6/03 and endorsed the purchase of a 2002 Champion 740VHP Grader project at that meeting; and, WHEREAS the purchase of a 2002 Champion 740VHP Grader project has been completed; and, AND WHEREAS before the Council of the City authorized the purchase of a 2002 Champion 740VHP Grader project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: 1. That the estimated costs of the purchase of the 2002 Champion 740VHP Grader; 2. That the estimated costs of $214,000 be financed as follows: a) That the sum of $160,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; b) That the sum of $53,100 be funded from the Development Charges (Old By- law ) Reserve Fund; c) That the balance amount of $900 be financed from the 2003 Current Budget; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 14th.., day of October 2003. .; May/o¢ City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6193/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $100,000 for Granite Court Bridge Repair in the City of Pickering WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS municipality in any other Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a may incur a debt for municipal purposes, whether by borrowing money or way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report CAO 07-02 at its meeting of Nov. 18,2002 pursuant to Resolution #131/02 awarded Tender T-3-2002 for the Granite Court Bridge Repair project at that meeting; and, WHEREAS the construction of the Granite Court Bridge project has been completed; and, AND WHEREAS before the Council of the City authorized the Granite Court Bridge project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipa/Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: 1. That the estimated costs of the construction of the Granite Court Bridge Repair project in the amount of $170,000 be financed as follows: a) That the sum of $100,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the sum of $70,000 be provided from the Replacement Capital Equipment Reserve; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed this 1 2003. /' City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6194/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $200,000 for Petticoat Creek Culvert Rehabilitation in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the MunicipalAct, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report CAO 09-03 at its meeting of October 14, 2003, and awarded Tender T-10-2003 for the Petticoat Creek Culvert Rehabilitation in the City of Pickering at that meeting; and, WHEREAS the Council of the City is proceeding with the construction of the Petticoat Creek Culvert Rehabilitation in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the construction of the Petticoat Creek Culvert Rehabilitation in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of Petticoat Creek Culvert Rehabilitation in the City of Pickering in the amount of $221,858 be financed as follows: a) That the sum of $200,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the sum of $21,858 be funded by the proceeds from the 2001 Internal Loans; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City of Pickering commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 147 ,,(~y .of October 2003. .n ,..' ,...iX'/~".~ City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6195/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $48,000 for Parking Lot and Road Improvements for portion related to Amberlea Road Rehabilitation in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the MunicipalAct, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City has approved Report OES 20-03 at its meeting of June 2, 2003, pursuant to Resolution #79/03 and awarded Tender T-9-2003 for the Parking Lot and Road Improvements for the Pickering Recreation Complex Parking Lot final topcoat, Amberlea Road Rehabilitation and Pickering Parkway Road Rehabilitation project at that meeting; and, WHEREAS the construction of the Amberlea Road project has been completed; and, AND WHEREAS before the Council of the City authorized the Amberlea Road project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of the Parking Lot and Road Improvements for the Pickering Recreation Complex Parking Lot final topcoat, Amberlea Road Rehabilitation and Pickering Parkway Road Rehabilitation project in the amount of $237,003 be financed as follows: (a) That the sum of $48,000 for portion related to Amberlea Road Rehabilitation be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the sum of $75,000 for the portion related to Recreation Complex final topcoat be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; c) That the sum of $76,000 for the portion related to Pickering Parkway Road Rehabilitation be temporary financed by an internal loan for a period not to exceed five (5) years; d) That the additional sum of $32,000 for Tender T-9-2003 as a whole be temporary financed by an internal loan for a period not to exceed ten (10) years; e) That the remaining sum of $6,003 be financed from the 2003 Current Budget; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 14th dcy of October 2003. . ~ /~ ~ × City Clerk ~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6196/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $818,000 for the Reconstruction of Rougemount Drive in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the MunicipalAct, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the Corporation of the City of Pickering has approved Report OES 19-03 at its meeting of July 28, 2003 pursuant to Resolution #113/03 and awarded Tender T-2-2003 for the reconstruction of Rougemount Drive in the City of Pickering; and, WHEREAS the Council of the City is proceeding with the reconstruction of Rougemount Drive in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the reconstruction of the Rougemount Drive in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the reconstruction of Rougemount Drive in the City of Pickering in the amount of $842,958 be financed as follows: a) That the sum of $818,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the sum of $24,148 be funded from Replacement Capital Reserve; c) That the balance amount of $810 be financed from the 2003 Current Budget; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 14th ~ of October 2003. /~/:..y -? .~¢ , · .,, _ . THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6197/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $274,000 for Surface Treatment, Audley Road in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the MunicipalAct, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the Corporation of the City of Pickering wishes to proceed with Surface Treatment, Audley Road in the City of Pickering; and, WHEREAS the Council of the City has approved Report OES 30-03 at its meeting of June 23, 2003 pursuant to Resolution #104/03 and awarded Tender T-4-2003 for Surface Treatment, Audley Road in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the Surface Treatment, Audley Road in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Munic/pa/Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the Surface Treatment, Audley Road in the City of Pickering in the amount of $274,507 be financed as follows: a) That the sum of $274,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the balance amount of $507 be financed from the 2003 Current Budget; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the !~,4tlb"d~ay of October 2003. : ;'"' ~' ~a~or'" / City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6198/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $100,000 for Asphalt Paving and Concrete Works for Liverpool Road South in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the MunicipalAct, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the Corporation of the City of Pickering is proceeding with the construction of Asphalt Paving and Concrete Works-Liverpool Road South in the City of Pickering; and, WHEREAS the Council of the Corporation of the City of Pickering has approved Report CAO 09-03 at its meeting of October 14, 2003 and awarded Tender T-11-2003 for Asphalt Paving and Concrete Works-Liverpool Road South project in the City of Pickering ;and, AND WHEREAS before the Council of the City authorized the construction of the Asphalt Paving and Concrete Works-Liverpool Road South in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of the Asphalt Work and Concrete Works-Liverpool Road South in the City of Pickering in the amount of $100,000 be financed as follows: That the sum of $100,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed t!nj¢ of October Ma~,r ' City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6199/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $615,000 for the new construction of Progress Frenchman's Bay East Park in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the MunicipalAct, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the Corporation of the City of Pickering is proceeding with the construction of Progress Frenchman's Bay East Park; and, WHEREAS the Council of the City approved Report OES 15-03 at its meeting of June 16,2003 pursuant to Resolution #97/03 and awarded Tender T-7-2003 for Progress Frenchman's Bay East Park project at that meeting; and AND WHEREAS before the Council of the City authorized the construction of the Progress Frenchman's Bay East Park in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of Progress Frenchman's Bay East Park in the amount of $782,668 in the City of Pickering be financed as follows: a) That the sum of $615,000 be financed by the issuance of debentures by the Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the sum of $75,000 be funded by a contribution from the Canadian Progress Club, Durham South; c) That the sum of $92,668 be transferred from Parkland Reserve Fund; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6200/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $230,000 for Sports Field Lighting and Improvements, Kinsmen Park in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 08-03 at its meeting of March 17, 2003 pursuant to Resolution #29/03 awarded Tender T-5-2003 for the Sports Field Lighting and Improvements, Kinsmen Park project at the meeting; and, WHEREAS the construction of the Sports Field Lighting and Improvements, Kinsmen Park project has been completed; and, AND WHEREAS before the Council of the City authorized the Sports Field Lighting and Improvements, Kinsmen Park project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of the Sports Field Lighting and Improvements, Kinsmen Park project in the amount of $389,262 be financed as follows: a) That the sum of $230,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; b) That the sum of $2,850 be provided from Current Funds in 2003; c) That the sum of $102,789 be funded by contributions from the Pickering Soccer Club; d) That the sum of $53,623 be funded by contributions from the Ajax Pickering Dolphins Football Club; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the !4/t~/¢ay of October /, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6201/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $100,000 for the Storm Water Management -Amberlea Creek Watercourse Works in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City has approved Report CAO 09-03 at its meeting of October 14, 2003 and awarded Tender T-12-2003 for the Storm Water Management - Amberlea Creek Watercourse Works project at that meeting; and WHEREAS the construction of the Storm Water Management-Amberlea Creek Waterworks project has been completed; and, AND WHEREAS before the Council of the City authorized the Storm Water Management-Amberlea Creek Waterworks project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of the Storm Water Management - Amberlea Creek Watercourse Works project in the amount of $251,872 be financed as follows: a) That the sum of $100,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; b) That the sum of $150,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; c) That the sum of $1,872 be funded from Current Fund; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 14th,day"of October 2003. ~/,~,~'i_....'~ "-:7. '~ ~3ity Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6202/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $150,000 for the Storm Water Management - Amberlea Creek Watercourse Works in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report CAO 09-03 at its meeting of October 14, 2003 and awarded Tender T-12-2003 for the Storm Water Management - Amberlea Creek Watercourse Works project at that meeting; and, WHEREAS the construction of the Storm Water Management-Amberlea Creek Waterworks project has been completed; and, AND WHEREAS before the Council of the City authorized the Storm Water Management-Amberlea Creek Waterworks project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended,and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of the Storm Water Management- Amberlea Creek Watercourse Works project in the amount of $251,872 be financed as follows: a) That the sum of $150,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the sum of $100,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; c) That the remaining sum of $1,872 be financed from the 2003 Current Budget; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 14th2,~.~of October / City Clerk · - THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6203/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $75,000 for the Parking Lot and Road Improvements for portion related to Recreation Complex Parking Lot Final Topcoat. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 20-03 at its meeting of June 2,2003 pursuant to Resolution #79/03 and awarded Tender T-9-2003 for the Parking Lot and Road Improvements for Pickering Recreation Complex Parking Lot Final Topcoat, Amberlea Road Rehabilitation and Pickering Parkway Road Rehabilitation project at that meeting; and, WHEREAS the construction of the Parking Lot Improvements-Pickering Recreation Complex project has been completed; and, AND WHEREAS before the Council of the City authorized the Parking Lot Improvements-Pickering Recreation Complex project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of the Parking Lot and Road Improvements for Pickering Recreation Complex, Amberlea Road and Pickering Parkway Road project in the amount of $237,003 be financed as follows: a) That the sum of $75,000 for the portion related to Recreation Complex Parking Lot final topcoat be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; b) That the sum of $48,000 for the portion related to Amberlea Road Rehabilitation be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; c) That the sum of $76,000 for the portion related to Pickering Parkway Road Rehabilitation be temporary financed by an internal loan for a period not to exceed five (5) years; d) That the additional sum of $32,000 for Tender T-9-2003 as a whole be temporary financed by an internal loan for a period not to exceed ten (10) years; e) That the remaining sum of $6,003 be financed from the 2003 Current Budget; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 14th daY_/,df October 2003 .... ~'.,!~. - Mayor.¢ -~ *'" City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6204/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $370,000 for Roof Replacement at the Delaney and Squash Court areas of the Pickering Recreation Complex. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 27-03 at its meeting of June 2, 2003 pursuant to Resolution #79/03 awarded Tender T-8-2003 for the Roof Replacement Delaney and Squash Court areas - Pickering Recreation Complex project; WHEREAS the construction of the Roof Replacement - Delaney and Squash Court areas - Pickering Recreation Complex project has been completed; and, AND WHEREAS before the Council of the City authorized the Roof Replacement - Delaney and Squash Court areas Pickering Recreation Complex project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of the Roof Replacement Delaney and Squash Court areas at the Recreation Complex project in the amount of $370,000 be financed as follows: a) That the sum of $370,000 be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed ten (10) years; 2. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 14tb,.~y~ef October 2003. '~' Mayo, r. City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6205/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $74,000 for Sidewalks - Whites Road and Pickering Recreation Complex in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS municipality in any other Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a may incur a debt for municipal purposes, whether by borrowing money or way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report CS 41-03 at its meeting of October 14,2003 for the construction of Sidewalks - Whites Road and Pickering Recreation Complex project; and, WHEREAS the construction of the Sidewalks-Whites Road and Pickering Recreation Centre project has been completed; and, AND WHEREAS before the Council of the City authorized the Sidewalks-Whites Road and Pickering Recreation Complex project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the construction of Sidewalks-Whites Road and Pickering Recreation Complex project in the amount of $74,844 be financed as follows: (a) That the sum of $74,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; (b) That the sum of $844 be funded from the Current Funds in 2003; thereafter until the loan is repaid. By-Law read a first, second and third time and finally passed t..l~ l~day" of 2003. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing October THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6206/03 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $180,000 for the Replacement of Dry-O-Tron at the Pickering Recreation Complex in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality in a regional municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report CS 41-03 at its meeting of October 14,2003 confirmed awarding the contract to Kilmer Environment, being the sole authorized distributor of the equipment, to supply and install the Dry-O-Tron at the Pickering Recreation Complex; and, WHEREAS the replacement of the Dry-O-Tron of the Pickering Recreation Complex project has been completed; and, AND WHEREAS before the Council of the City authorized the Dry-O-Tron project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: 1. That the estimated costs of the replacement of Dry-O-Tron at the Pickering Recreation Complex project in the amount of $180,000 be financed as follows: (a) That the sum of $180,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; 2. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2004 and continuing thereafter until the loan is repaid. By-Law read a first, second and third time and finally passedthehe,/~/l:.~?~_,~___.~1 h~..,..?,~'~003. Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6207/03 Being a by-law to approve and authorize the execution of an amendment made as of the 30th day of September, 2003 to the Shareholders' Agreement made as of the 28th day of September, 2001 amongst The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Municipality of Clarington, The Corporation of the City of Pickering, Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. WHEREAS The Corporation of the Town of Ajax ("Ajax"), The Corporation of the City of Belleville ("Belleville"), The Municipality of Clarington ("Clarington") and The Corporation of the City of Pickering ("Pickering") entered into a shareholders' agreement (the "Shareholders' Agreement") made as of the 28th day of September, 2001 with Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc.; AND WHEREAS the parties to the Shareholders' Agreement wish to amend the same to (a) provide that the Chair and Vice-chair of Veridian Corporation may be any one of the nominees to its board; (b) remove the provisions relating to an executive committee of Veridian Corporation; (c) to permit each shareholder to nominate Council appointees to the board of directors of Veridian Corporation so long as at least one of each shareholders is not a Council appointee of that shareholder; and (d) grant Belleville an additional nominee to the board of directors of Veridian Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOLLOWS: That Council authorizes and approves the first amending agreement to the Shareholders' Agreement (the "First Amending Agreement") made as of the 14th day of October, 2003 amongst Ajax, Belleville, Clarington and Pickering, as the shareholders of Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. in the form of the draft agreement presented to Council and attached hereto as Schedule "A"; That the Mayor and the Clerk are authorized to execute the First Amending Agreement. That the Clerk is authorized to affix the Corporate Seal of The City of Pickering to the First Amending Agreement. 4. By-law 6158/03 is hereby repealed. By-law read a first, second and third time and finally passed this 14th day of October, 2003. , Schedule A FIRST AMENDING AGREEMENT TO SHAREHOLDERS' AGREEMENT THIS FIRST AMENDING AGREEMENT made as of the *** day of ********, 2003. BETWEEN: The Corporation of the Town of Ajax, a municipal corporation existing under the laws of Ontario ("Ajax") The Corporation of the under the laws of Ontario ("Belleville") - and - City of Belleville, a municipal corporation existing The Corporation of the Municipality of Clarington, a municipal corporation existing under the laws of Ontario ("Clarington") The Corporation of the under the laws of Ontario ("Pickering") - and - Veridian Corporation, a corporation existing under the laws of Ontario ("VC") - and - Veridian Connections Inc., a corporation existing under the laws of Ontario ("vcr') - and - Veridian Energy Inc., a corporation existing under the laws of Ontario ("VEI") - and - City of Picketing, a municipal corporation existing - and - -2- (Ajax, Belleville, Clafington, Pickering, VC, VCI and VEl are collectively referred to herein as the "Parties") RECITALS: mo The Parties entered into a shareholders' agreement made as of the 28th day of September, 2001 (the "Shareholders' Agreement"); Bo The Parties wish to amend the Shareholders' Agreement to (i) permit a Belleville nominee to serve as the Chair or Vice-Chair of the board of directors of VC (the "Board"); (ii) delete the provisions of the Shareholders' Agreement relating to the executive committee of the Board; (iii) to allow for an increase in each municipal Party's Council representation on the board of directors of VC; and (iv) grant Belleville one additional nominee to the board of directors of VC; NOW THEREFORE THIS FIRST AMENDING AGREEMENT WITNESSES that in consideration of the respective covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: All capitalized terms used in this First Amending Agreement and not defined herein shall have the meanings given to them in the Shareholders' Agreement. o All references herein to Sections and Subsections are references to Sections and Subsections in the Shareholders' Agreement unless otherwise stated herein. 3. In Section 1.1, the definition of "Majority Rule" is hereby deleted. In Section 1.1, the following definition of "Mayor's Designate" is hereby added: .... Mayor's Designate" means the designate selected by the Mayor to serve on the Board in place of the Mayor provided that the Mayor's Designate shall be a member of that Mayor's municipal Council." 5. Subsection 3.2(b) is hereby deleted and replaced with the following: "The Board and Subsidiary Boards. The business and affairs of Veridian Corporation shall be managed or supervised by the Board which shall consist of 14 directors or such other number of directors as the Shareholders may determine from time to time by special resolution in accordance with the Act. Each of the Initial Shareholders shall nominate the number of members to the Board listed opposite that Initial Shareholder's name below: Number of Directors Nominee of 4 Ajax 2 Belleville 3 Clarington -3- 5 Pickering The Board shall annually elect from its members a Chair and Vice-Chair. o 10. Subsection 3.2(d) is hereby deleted and replaced with the following: "Qualifications of Board. Each Initial Shareholder shall nominate the Mayor of the Initial Shareholder or the Mayor's Designate as one of the Initial Shareholder's nominees to the Board provided that if the Mayor ceases to hold the office of Mayor, the appointing Initial Shareholder shall forthwith replace the Mayor or the Mayor's Designate, as applicable. Each Initial Shareholder shall nominate to the Board members of its council (including the Mayor or the Mayor's Designate) ("Council Appointees") provided that at least one nominee of each Initial Shareholder shall not be a Council Appointee of that Initial Shareholder. In addition to the requirements of the Act, the qualifications of candidates for the Board shall, where possible, include the following: (i) business experience; (ii) time availability; (iii) financial skills; (iv) marketing skills; (v) industry knowledge; (vi) independence of judgment; (vii) integrity; (viii) knowledge of public policy issues relating to the Corporations; and (ix) knowledge and experience concerning environmental matters, labour relations and occupational health and safety issues." Subsection 3.2(j) is hereby amended by adding the following sentence immediately after the end of the second sentence of Subsection 3.2(j): "In the event that an equal number of votes are cast at a meeting both for and against a motion, the motion shall be defeated." Subsection 3.3(a) is hereby amended by deleting in its entirety Subsection 3.3(a). Except as expressly set out herein, the Shareholders' Agreement remains in full force and effect, unamended. This First Amending Agreement shall be governed by and construed in accordance with the laws of Ontario. -4- 11. This First Amending Agreement shall enure to the benefit of, and be binding on, the Parties and their respective successors and permitted assigns. 12. This First Amending Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will be deemed to constitute one and the same agreement. IN WITNESS WHEREOF the Parties by their duly authorized representatives have executed this First Amending Agreement as of the day and year first above written. THE CORPORATION OF THE TOWN OF AJAX By: c/s Name: Steve Parish Title: Mayor By: c/s Name: Marty deRond Title: Clerk THE CORPORATION OF THE CITY OF BELLEVILLE By: c/s Name: George A. Zegouras Title: Mayor By: c/s Name: Wayne Tod Title: City Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: c/s Name: John Mutton Title: Mayor By: c/s Name: Patti Barrie Title: Clerk -5- THE CORPORATION PICKERING OF THE CITY OF By:, Name: Maurice Brenner Title: Interim Mayor By: Name: Bruce Taylor Title: Clerk c/s c/s VERIDIAN CORPORATION By: Name: John Wiersma Title: President c/s By: Name: James Mason Title: Chair c/s VERIDIAN CONNECTIONS INC. By: Name: John Wiersma Title: President c/s By: Name: Jim McMaster Title: Chair c/s VERIDIAN ENERGY INC. By:. Name: John Wiersma Title: President c/s By: Name: Jim Witty Title: Chair c/s :: ODM A\PCDOCS\CCTx422470W ^TTACHHENT,/:/: TO RF. PORT#.,,C-E-- 03 VERIDIAN CORPORATION (the "Corporation") RESOLUTION OF SHAREHOLDERS Directors WHEREAS effective October 9, 2003 Wayne Anhurs has ceased to be the Mayor of the City of Pickering and accordingly ceases to be a director of the Corporation on such date; AND WHEREAS The Corporation of the City of Pickering has notified the Corporation that Maurice Brenner has been appointed Interim Mayor effective October 9, 2003; AND WHEREAS pursuant to the shareholder agreement in respect of the Corporation dated September 28, 2001, The Corporation of the City of Pickering has nominated, by nomination attached hereto, Maurice Brenner for a director of the Corporation; RESOLVED that Maurice Brenner is declared to be elected a director of the Corporation to hold office for a term expiring the earlier of, the date he ceases to be Interim Mayor of the City of Pickering and the close of the next ensuing third annual meeting of the shareholders, or until his successor is elected or appointed pursuant to the provisions of the shareholder agreement dated September 28, 2001, as amended and replaced from time to time. THE FOREGOING RESOLUTION in writing is consented to by all the shareholders of the Corporation pursuant to the provisions of the Business Corporations Act (Ontario). DATED as of the 14th day of October, 2003. THE CORPORATION OF THE TOWN OF AJAX THE CORPORATION OF THE CITY OF BELLEVIJ_,LE per: per: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON THE CORPORATION OF THE CITY OF PICKERING per: per: :: ODM A\PCDOCS\CCT~457961 \1 ATTACHMENT #~TO REPORT #...~£..,~,2-c)~3 NOMINATION TO: AND TO: VERIDIAN CORPORATION THE SHAREHOLDERS THEREOF The undersigned advises that Maurice Brenner has been appointed Interim Mayor of the City of Picketing effective October 9, 2003. Pursuant to section 3.2(c) of the shareholder agreement dated September 28, 2001, the undersigned nominates Maurice Brenner for a director of Veridian Corporation. Dated the 14th day of October, 2003. THE CORPORATION OF THE CITY OF PICKERING per: CERTIFICATE AND CONSENT TO: VERIDIAN CORPORATION I consent to serve as a director of the Corporation. I (a) certify that I am (i) a citizen or permanent resident of Canada, and (ii) ordinarily resident in Canada, (b) acknowledge that the Corporation is relying upon this certificate for the purpose of ensuring compliance by the Corporation with the provisions of the Business Corporations Act and (c) agree to advise the Corporation immediately by an instrument in Writing delivered to the Corporation of any change in my citizenship or place of residence. I consent to the participation by any director at a meeting of the board of directors or a committee of directors by means of such telephone, electronic or other communication facilities as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously, such consent to continue in effect unless revoked by an instrument in writing delivered to the Corporation. DATED as of the 14th day of October, 2003. Maurice Brenner ATTACHMENT #..~ ~TO REPOP, T #~5" ~f~.. PROXY AND DESIGNATION OF SHAREHOLDER REPRESENTATIVE For use at annual and special general meetings of shareholders of VERIDIAN CORPORATION (the "Corporation") DESIGNATION OF SHAREHOLDER REPRESENTATIVE Pursuant to Section 3.7 of the shareholders' agreement dated September 28, 2001 among The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington, The Corporation of the City of Pickering and the Corporation, et al (the "Shareholders Agreement"), the undersigned shareholder of the Corporation hereby designates MAURICE BRENNER, its Interim Mayor, as its legal representative (the "Shareholder Representative") for the purposes of providing any consent or approval required by the Shareholders' Agreement or by the Business Corporations Act (Ontario) (the "Act"). In the event that the Mayor is unable or unwilling to act as the Shareholder Representative, the undersigned hereby designates TOM QUINN, its Chief Administrative Officer, as the Shareholder Representative for the purposes of the Shareholders' Agreement and the Act until the undersigned expressly determines otherwise. APPOINTMENT OF PROXY The undersigned hereby appoints the Shareholder Representative, MAURICE BRENNER, its Interim Mayor, or, failing him, TOM QUINN, its Chief Administrative Officer, to attend and act for and on its behalf in respect of any and all matters that may come before any annual or special general meeting of the Corporation to be held from time to time and at any and every adjournment of any such meeting so held and with respect to any and all matters which may be brought before or dealt with at such meeting or otherwise with respect to which the holders of Common shares of the Corporation shall be entitled to vote and the said Mayor or the said Chief Administrative Officer, as the case may be, shall be entitled to vote all shares of the Corporation owned by the undersigned in his sole discretion with respect to such matters being voted upon and with respect to any amendments or variations relating thereto. It is understood that this appointment shall continue in full force and effect, and the Corporation may rely thereupon until such time as either a revocation thereof or a new form of proxy replacing the form of proxy herein is delivered by the undersigned to the Corporation. This Proxy and Designation of Shareholder Representative is issued in replacement of the Proxy and Designation of Shareholder previously issued by The Corporation of the City of Pickering on September 28, 2001. DATED as of the 14t~ day of October, 2003. THE CORPORATION OF THE CITY OF PICKERING per: per: Name: Maurice Brenner Title: Interim Mayor Name: Bruce Taylor Title: Clerk INDEMNITY AGREEMENT This Agreement made as of the 14th day of October, 2003. BETWEEN: VERIDIAN CORPORATION~ a corporation amalgamated under the laws of Ontario, (hereinafter referred to as "HoldCo") OF THE FIRST PART, - and - MAURICE BRENNER, (hereinafter referred to as the "Director") OF THE SECOND PART, WHEREAS HoldCo is formed under the provisions of the Business Corporations Act (Ontario) (the "Act"); AND WHEREAS the Director, at the request of HoldCo, has accepted the position of a director of HoldCo; AND WHEREAS the Director has no direct or indirect financial interest in HoldCo; AND WHEREAS the by-laws of HoldCo provide that it shall indemnify a director or officer in certain circumstances. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and the covenants and agreements herein contained and for other good and valuable consideration (the receipt and adequacy of which is hereby acknowledged by each of the parties hereto), and in consideration of the Director's consenting to act as a director of HoldCo and acceding to HoldCo's request to accept such position, the parties agree as follows: 1. HoldCo shall indemnify the Director and his heirs and legal representatives against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by him in respect of any civil, criminal or administrative action or proceeding to which he is made a party by reason of being or having been a director of HoldCo iff (a) he acted honestly and in good faith with a view to the best interests of HoldCo; (b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, he had reasonable grounds for believing that his conduct was lawful; and (c) in the case of an action by or on behalf of HoldCo to procure a judgment in its favour, HoldCo obtains any approval required under the Act in respect of such indemnification. 2. HoldCo shall use its best efforts to obtain any approval required under the Act or otherwise in respect of any indemnification required to be made by it under this agreement. 3. HoldCo shall indemnify the Director in such other circumstances as the Act, as amended from time to time, permits or requires. 4. Any indemnification to be made to the Director under this agreement shall not be affected by any remuneration that he shall have received, or to which he may be entitled, at any time for acting in his capacity as a director of HoldCo. 5. HoldCo shall purchase and maintain insurance for the benefit of the Director against any liability incurred by the Director in his capacity as a director of HoldCo, except where the liability relates to his failure to act honestly and in good faith with a view to the best interests of HoldCo. 6. This agreement may not be assigned by HoidCo and shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 7. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties hereby attorn and submit to the non-exclusive jurisdiction of the Courts of the Province of Ontario in connection with any action, suit or proceeding brought in relation to this agreement. 8. The parties shall sign such further and other resolutions, documents and papers, cause such meetings to be held, votes cast, special resolutions and resolutions passed, by-laws enacted and documents executed, and do and perform and cause to be done and performed such further and other acts and things as may be necessary or desirable to give full effect to this agreement. 9. This agreement may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original and such counterpa~ls together shall constitute one and the same instrument. 10. This agreement may not be amended except by an instrument in writing signed by all parties hereto which specifically refers to the amendment of.this agreement. This agreement shall be effective as of the date hereof and shall remain in full force and effect until such time as the Director ceases to be a director of HoldCo. Termination of this agreement in accordance with its terms shall not affect any obligation of HoldCo, arising prior to termination in favour of the Director, including without limitation any obligation to indemnify by reason of any matter which has arisen or circumstances which have occurred prior to termination. 11. The invalidity or unenforceability of any provision of this agreement or any covenant herein contained shall not affect the validity or enforceability of any other provision or covenant hereof or herein contained, and the agreement shall be construed as if such invalid or unenforceable provision or covenant were omitted. 12. In this agreement where the context so requires words importing number shall include the singular and plural, words importing gender shall include the masculine, feminine and neuter genders and words importing persons shall include firms and corporations and vice versa. 13. Time shall be of the essence of this agreement and of each and every part hereof. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. (Witness) Maurice Brenner, Interim Mayor VERIDIAN CORPORATION per: per: James Mason, Chair of the Board John Wiersma, President ::ODMA\PCDOCS\CCT~457973\l THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6208~03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 605 Stroud's Lane - Highbush Public School, 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 1975 & 1958 Rosefield Rd., 1915 Denmar Rd., 1525/35 Diefenbaker Court, 1530/40 and 1625 Picketing Pkwy., 1360 & 1885 Glenanna Road, 1000/1400 The Esplanade, 925 Bayly St., and 1650 Kingston Road.) WHEREAS pursuant to section 15(i) of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as a) 605 Stroud's Lane: Barry Bedford Liana Lafranier b) 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 1975 & 1958 Rosefield Rd., 1915 Denmar Rd., 1525/35 Diefenbaker Court, 1530/40 and 1625 Pickering Pkwy., 1360 & 1885 Glenanna Road, 1000/1400 The Esplanade, 925 Bayly St., and 1650 Kingston Road: Craig Bennett Steve Plue Steve Canning David Puskas Sherd Tromely-Cane Todd Sisk Jason Kilburn Peter Lawrence John Burnett Steve Wilkes The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section l(a) ceasing to be employees of The Durham District School Board, or upon those persons listed in section l(b) ceasing to be employees of Group 4 Falck Canada Ltd. or upon Group 4 Falck Canada Ltd. ceasing to be an agent of 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 1975 & 1958 Rosefield Rd., 1915 Denmar Rd., 1525/35 Diefenbaker Court, 1530/40 and 1625 Pickering Pkwy., 1360 & 1885 Glenanna Road, 1000/1400 The Esplanade, 925 Bayly St., and 1650 Kingston Road, or whichever shall occur first. -2- BY-LAW read a first, second and third time and finally passe~l, this 14th day of October, 2003. Maurice Brenner, Interim Mayo~' Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6209103 A By-law to confirm the proceedings of the Council of the Corporation of the City of Pickering at its Regular Council Meeting of October 14, 2003. WHEREAS pursuant to Section 5(1) of the Municipal Act, 2001,.S.O. 2001, c. M.25, as amended, the powers of a municipality shall be exercised by its council; and WHEREAS pursuant to Section 5(3) of the said Act, a municipal power, including a municipality's capacity, rights, powers and privileges under Section 8 of the said Act, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; and WHEREAS it is deemed expedient that the proceedings of the Council of the Corporation of the City of Pickering at this meeting be confirmed and adopted by By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOLLOWS: The actions of the Council of the Corporation of the City of Pickering at its Regular Council Meeting of October 14, 2003 in respect of each recommendation contained in the Reports of the Committees and each motion and resolution passed and other action taken by the Council of the Corporation of the City of Pickering at this meeting, is hereby adopted and confirmed as if all such proceedings were expressly embodied in this By- law; The Mayor and proper officials of the Corporation of the City of Pickering are hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Corporation of the City of Pickering referred to in the preceding section hereof; The Mayor and Clerk are hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the Seal of the Corporation of the City of Pickering. By-law read a First, Second and Third time and finally PASSED this 14th day of October, 2003. Ma~u~iCe Brenner, Interim M~or Bruce Taylor, City Clerk