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Home My WebLink AboutJanuary 17, 2005 Council Meeting Agenda Monday, January 17, 2005 7:30 PM INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of December 20, 2004 1-17 (III) DELEGATIONS Mark Holland, MP, Ajax-Pickering, will address Council concerning Federal/Municipal relations. Jeff MacDonald, representing Amaco Equipment, will address Council concerning the Hydroscopic Excavator. (IV) 1. RESOLUTIONS To adopt the Executive Committee Report, Appendix I, dated January 10, 2005. To consider Report PD 02-05 regarding Participation in Provincial GeoSmart Funding Program. To consider Report CAO 03-05 regarding Region of Durham Business Case Analysis for the Potential Transfer of Lower-Tier Municipal Transit Services. 4. To reconsider Report OES 39-04 regarding the Supply and Delivery of One Telescopic Boom Excavator. PAGE 18-22 23-32 33-53 54-61 (V) BY-LAWS By-law Number 6433/05 Being a by-law dedicate Block 114, Plan 40M-1473, Pickering, as public highway. 62 -1- Council Meeting Agenda Monday, January 17, 2005 7:30 PM By-law Number 6434/05 Being a by-law to assume the roads within Plans 40M-1472, 40M-1473 and 40M-1571 for public use as public highways and to assume the services within Plans 40M-1347, 40M-1472, 40M-1473 and 40M-1571 under the jurisdiction of the City of Pickering. By-law Number 6435~05 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6436~05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1347, Pickering, from title. By-law Number 6437~05 Being a by-law to authorize the release and removal of the Subdivision Agreement, respecting Plan 40M-1472, Pickering, from title. By-law Number 6438~05 Being a by-law to authorize the release and removal from title of the Agreements relating to the development of Plan 40M-1473, Pickering and those parts of Lot 30, Concession 1, Pickering, being Parts 1, 2, 3, 4, 5 and 6, Plan 40R-11443. By-law Number 6439~05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1571, Pickering, from title. By-law Number 6440~05 Being a by-law to dedicate Block 139, Plan 40M-1418, Pickering as public highway. 63 64 65 68 67 68 69 -2- Council Meeting Agenda Monday, January 17, 2005 7:30 PM By-law Number 6441/05 Being a by-law to dedicate Block 88, Plan 40M-1419, Pickering, as public highway. By-law Number 6442/05 Being a by-law to assume the roads as public highways and the services within Plan 40M-1254 (save and except Blocks 20 to 27, inclusive), Plan 40M-1418 (save and except Blocks 137, 138 and 141) and Plan 40M- 1419 (save and except Blocks 86 and 89), under the jurisdiction of the City of Pickering. By-law Number 6443/05 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6444/05 Being a by-law to authorize the release and removal of the Agreements relating to Plan 40M-1254, Pickering, from title. By-law Number 6445/05 Being a by-law to authorize the release and removal of the Subdivision Agreement from the Lots an Blocks within Plan 40M-1418, Pickering, from title (save and except from Blocks 137 and 138). By-law Number 6446/05 Being a by-law to authorize the release and removal of the Subdivision Agreement from the Lots and Blocks within Plan 40M-1419, Pickering, from title (save and except from Block 86). By-law Number 6447/05 Being a by-law to dedicate those parts of Lots 15 and 17, Registrar's Compiled Plan No. 1051, Pickering, designated as Parts 1 and 2, Plan 40R-10267 as public highway (Heathside Crescent). 7O 71 72 73 74 75 76-78 -3- Council Meeting Agenda Monday, January 17, 2005 7:30 PM By-law Number 6448/05 Being a by-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. By-law Number 6449/05 Being a by-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on pdvate and municipal property. By-law Number 6450/05 Being a by-law to amend By-law 2632/88 to provide for erecting of Stop signs at certain intersections within the City of Pickering. By-law Number 6451/05 Being a by-law for the collection of taxes and to establish the installment due dates for the Interim Levy 2005. By-law Number 6452/05 Being a by-law respecting Council salaries, benefits, allowances and communications. 79 80 81 82-84 85-89 (VI) 1. NOTICE OF MOTION Moved by Councillor Dickerson Seconded by Councillor Johnson WHEREAS the City of Pickering depends on the contribution of many volunteers to ensure quality of life for all its citizens; and WHEREAS the Government of Canada recognizes veterans as all former members of the Canadian Forces who meet the military's professional occupation requirements and have been released with an honourable discharge. This definition includes reserves, those 90-91 -4- Council Meeting Agenda Monday, January 17, 2005 7:30 PM who have served on domestic duty and those who have served in "Special Duty Area" (e.g. peacekeeping assignments; and WHEREAS the City of Pickering salutes its veterans, both living and deceased, each November 11th in a Remembrance Day Ceremony; and WHEREAS the City of Pickering ought to have a policy of naming streets in memory and in honour of war veterans; and WHEREAS those honoured through the street naming process should be those men and women who voluntarily enlisted with Canada's military forces and served overseas in active duty during the Boer War, World War 1, World War 2, the Korean conflict and the Crimean War and those who lost their lives in any peacekeeping action initiated by the United Nations or NATO in which Canadian forces played an active military role (e.g. Afghanistan); and WHEREAS the war veterans to be recognized in this program would be those who were residents of Pickering at the time of their enlistment; NOW THEREFORE BE IT RESOLVED THAT the policy of naming streets in memory and in honour of was veterans be instituted as a public acknowledgement of Pickering's truly "Ultimate Volunteers" based on the following criteria wherever possible: a) Killed or missing in action be honoured first, b) Veterans who have passed away; c) Veterans still living be so honoured next. FURTHER THAT all streets named in honour of veterans be identified with street signs displaying a poppy; and FURTHER THAT Royal Canadian Legion Branches 606 Pickering and 483 Claremont be invited to assist with research of veteran's names. -5- Council Meeting Agenda Monday, January 17, 2005 7:30 PM Moved by Councillor McLean Seconded by Councillor Dickerson WHEREAS various businesses have been using search lights as an advertising method to attract customers; and WHEREAS search lights tend to cause a nuisance to residents that live close to such search lights; and WHEREAS other forms of advertising through illuminated pylon signs, billboard signs and wall signs are strictly regulated through the City's Sign By-law; NOW THEREFORE the Council of The Corporation of the City of Pickering hereby directs staff to prepare a by-law that will restrict the use of search lights in a manner that they will not cause a nuisance to residents or local businesses. 92 Moved by Councillor Ashe Seconded by Councillor McLean WHEREAS many volunteer Fire Departments in Ontado are strengthened by the service of "Double Hatters" fire fighters who work as professional, full-time fighters and also serve as volunteer fire fighters on their free time and in their home communities; and WHEREAS the Ontario Professional Fire Fighters Association has declared their intent to "phase out" these "Double Hatters" firefighters; and WHEREAS "Double Hatters" are being threatened by the union leadership and forced to resign as volunteer fire fighters or face losing their full-time jobs and this is weakening volunteer fire departments in Ontario; and WHEREAS a Private Members Bill (Bill 52), being the Volunteer Fire Fighters Employment Protection Act, has been introduced that would uphold the right to volunteer and solve this problem concerning public safety in Ontario; and WHEREAS over 100 Ontario municipalities have passed resolutions in support of "Double Hatters", and 93-94 -6- Council Meeting Agenda Monday, January 17, 2005 7:30 PM WHEREAS Association of Municipalities of Ontario President Roger Anderson stated in his inaugural address AMO's commitment to "fight the rights of double hatters fire fighters to exercise free choice in their free time"; NOW THEREFORE BE IT RESOLVED that the City of Pickering urge the Government of Ontario to express public support of Bill 52 and a willingness to pass it into law or introduce similar legislation that protects the rights of fire fighters to volunteer in their home communities on their free time, and FURTHER THAT a copy of this resolution be forwarded to the following: Premier of Ontario · Minister of Public Safety Wayne Arthurs MPP · Leader of the Official Opposition · Leader of the NDP Party · AMO · Durham Municipalities (VII) OTHER BUSINESS (VIII) CONFIRMATION BY-LAW (IX) ADJOURNMENT -7- HC-KEiedNG Council Meeting Minutes Monday, December 20, 2004 7:30 PM PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: E. Buntsma N. Carroll G. Paterson B. Taylor R. Holborn D. Watrous - Chief Administrative Officer (Acting) and Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Division Head, Municipal Property & Engineering - Committee Coordinator ABSENT: T. J. Quinn - Chief Administrative Officer (Medical Leave) (i) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (11) 1. PRESENTATION Bill Sorenberger, representing the Men's Progress Club, presented a plaque to honour the donation of a defibrillator unit at the Don Beer Arena. 02 PICKEI4NG Council Meeting Minutes Monday, December 20, 2004 7:30 PM (111) 1. DELEGATIONS Yvonne Sweetman, Greenwood, addressed Council concerning growth in the Hamlet of Greenwood. She thanked Council for including Greenwood in the Draft Greenbelt Plan and for their support at the Region. The following delegations addressed Council concerning the Notice of Motion respecting the proposed airport: a) Sam Orrico, P. O. Box 24, Markham, spoke in support of the motion and stated that it provides an opportunity to study the appropriateness of an airport. b) Giogio Siragusa, 537 Rodd Ave., stated his opposition to the airport as it erodes the social fabric of the City. He feels that the Federal Government is creating an airport to cover up a miStake. c) Stephen N. Frederick, representing V.O.C.A.L., stated his support of the motion and the need for a peer review of the GTAA proposal. d) Michael Robertson, 865 Conc. 7, lives on airport lands and supports the motion. This land is the last Class A farmland and needs to be preserved. He advised of the pollution concern and further stated that this is the last of the recreational airspace. (IV) RESOLUTIONS Resolution #167/04 Moved by Councillor Brenner Seconded by Councillor Pickles That the Report of the Executive Committee EC 2004-20, dated December 13, 2004, be adopted. CARRIED -2- Council Meeting Minutes Monday, December 20, 2004 7:30 PM Resolution #168104 Moved by Councillor Brenner Seconded by Councillor Dickerson That the Report of the Audit Committee AC 2004-01, Appendix I, dated December 6, 2004, be adopted. CARRIED Resolution #169~04 Moved by Councillor McLean Seconded by Councillor Brenner 1. That Corporate Services Report CS 59-04 regarding the proposed 2005 Animal Services Budget, be received; and 2. That the Council of the Corporation of the City of Pickering hereby approves the 2005 Animal Services Budget as recommended by the Pickering-Ajax-Whitby Joint Animal Services Committee at its meeting of November 30, 2004. REFERRED TO THE EXECUTIVE MEETING OF JANUARY 24, 2005 Council considered the following motion in conjunction with the above resolution: Resolution #169104{a) Moved by Councillor McLean Seconded by Councillor Brenner That the above resolution be referred to the Executive Meeting of January 24, 2005. CARRIED -3- Council Meeting Minutes Monday, December 20, 2004 7:30 PM Resolution #170104 Moved by Councillor Brenner Seconded by Councillor McLean 1. That Report OES 39-04 regarding the supply and delivery of a Telescopic Boom Excavator be received; and That Quotation No. Q-41-2004 submitted by Strongco Equipment for the supply and delivery of a Badger Model 460 Telescopic Boom Excavator with the specified attachments in the amount of $294,662 (GST and PST extra) be accepted; and 3. That the total purchase cost of $338,861.30 and a net purchase cost of $318,234.96 including specified attachments for the equipment be approved; and That the total revised funding of $318,234.96 with $255,000 of five year debt as provided for in the 2004 Capital Budget and an additional $63,000 in a five year internal loan and $235 from current funds be approved; and 5. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt; and a) That debt financing through the Region of Durham in the amount of $255,000 for a period not exceeding 5 years, at a rate to be determined be approved; and b) That financing and repayment charges in the amount of $58,900 be included in the annual current budget for the City of Pickering commencing in 2005 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment there of falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2004 as established by the Province for Municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 6. That staff at The City of Pickering be given the authority to give effect hereto. REFERRED TO THE 2005 BUDGET -4- Council Meeting Minutes Monday, December 20, 2004 7:30 PM Council considered the following motion in conjunction with the above resolution: Resolution #170104(a) Moved by Councillor Dickerson Seconded by Councillor Ashe That the above resolution be referred to the 2005 Budget. CARRIED Recorded Vote Yes: Councillors Brenner, Dickerson, Johnson and. McLean No: Councillors Ashe, Pickles and Mayor Ryan Resolution #171/04 Moved by Councillor McLean Seconded by Councillor Brenner 1. That Report to Council OES 42-04 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) be received; and 2. That the Corporation of the City of Pickering is prepared to participate in COMRIF through the submission of an application for Intake One by the application deadline of January 10, 2005; and 3. That the City of Pickering's participation in COMRIF shall consist of an undertaking of a bridge deck replacement program, at a total estimated cost of $1,730,300 and a net estimated cost of $576,767, at the following locations as its highest priority: Greenwood Bridge Bulmer Bridge · Palmer Bridge · Michell Bridge · Reesor Creek Bridge That staff be given authority to prepare and submit the necessary documentation for the on-line application including a resolution by Council; and 5. That the COMRIF project be identified as a Capital priority in the 2005 Capital Budget, subject to receiving approval of funding by COMRIF; and 5 Council Meeting Minutes Monday, December 20, 2004 7:30 PM 6. That the appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED Recorded Vote: Yes: Councillors Ashe, Brenner, Ryan Dickerson, Johnson, McLean, Pickles and Mayor Resolution #172104 Moved by Councillor Pickles Seconded by Councillor Johnson WHEREAS by Resolution #212/98 the Federal Minister of Transport was advised that Council and residents of Pickering do not support the development of an airport; and WHEREAS in April 2001, the Federal Transport Minister announced that the Greater Toronto Airports Authority (GTAA) had been asked to determine the need for a future regional reliever airport on the Pickering lands; and WHEREAS a report prepared for the GTAA and released in September 2002 entitled "Pickering Lands Airport Planning Initiative - Financial Assessment Analysis" concluded that an airport based on a preliminary business model was feasible; and WHEREAS a Pickering Airport Draft Plan Report was released by the GTAA in November 2004, outlining a conceptual airport site layout, timeframes, and justification for an airport in Pickering, and that the GTAA announced that the Financial Assessment Analysis will be updated, and WHEREAS these reports are important early components of the rationale for the potential establishment of an airport in Pickering and were important sources in the development of an environmental assessment for the proposed airport, therefore, the City of Pickering should review the Analysis and provide a response to the GTAA; and WHEREAS these reports are very technical documents and provide a very specialized field of analysis that staff of the City of Pickering do not have the expertise to review and comment on in a meaningful way; and WHEREAS the City has received sufficient funding from proponents in special planning studies and reviews impacting the City of Pickering, including but not limited to, Special Study Areas, Ontario Power Generation's Return to Service of Pickering 'A', Ontario -6- Council Meeting Minutes Monday, December 20, 2004 7:30 PM 07 Power Generation's Waste Facility Expansion Study, and the Nuclear Waste Management Organization Review, and the Growth Management Study; NOW THEREFORE BE IT RESOLVED THAT it is essential to for the City of Pickering to obtain an independent review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis at this time, prior to the initiation of an environmental assessment, to protect the interests of the residents and The Corporation of the City of Pickering, and THAT City of Picketing acquire the consulting services to undertake a peer review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis, and THAT City of Pickering staff prepare an appropriate terms of reference, procedure (e.g. request for proposals), and proposed budget for a peer review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis for Council's consideration at a scheduled Council meeting to be no later than February 7, 2005, and THAT the City of Pickering in the interim request that the Federal Transport Minister and the CEO of the Greater Toronto Airports Authority (GTAA) provide sufficient funding in order for the City of Pickering to acquire the appropriate qualified expert services to review the Pickering Airport Draft Plan and updated Financial Assessment Analysis and provide meaningful comments and recommendations to the Council and City of Pickering; and THAT the Mayor, on behalf of the City of Pickering, formally make this request in writing to the Transport Minister and the President and CEO of the GTAA, with a copy to the Members of Parliament for Ajax-Pickering and Pickering-East Scarborough, and Members of Provincial Parliament for Ajax-Pickering and Uxbridge. CARRIED Recorded Vote: Yes: Councillors Ashe, Brenner, Dickerson, Johnson, McLean and Pickles No: Mayor Ryan 7 05 Council Meeting Minutes Monday, December 20, 2004 7:30 PM Resolution #173/04 Moved by Councillor Brenner Seconded by Councillor Ashe WHEREAS the residents on Marinet Crescent and Eyer Drive, backing onto Bayly Street, between Whites Road and West Shore Boulevard, have expressed concern respecting the impact of noise from Highway #401, the CNR line, and VIA train activity, and Bayly Street, on their living environment; and WHEREAS the homes in this area of the City were constructed in the 1960's and 1970's, prior to the construction of Bayly Street between Whites Road and West Shore Boulevard; and WHEREAS residents have continually expressed concern over the increase in noise levels that have occurred over the years as each of the noise sources was established and/or increased in intensity; and WHEREAS at a meeting held on December 6, 2004, the Region of Durham and the Ministry of Transportation staff advised that it is reasonable to consider this area of the City for retrofit measures to address noise concerns through attenuation fencing, based on the principle of cost sharing by all parties; and WHEREAS the City of Pickering acknowledges the significance of area resident concerns respecting noise levels in this area of the City and the impact of noise on the residential living environment; and WHEREAS Bayly Street is under the jurisdiction of the Region of Durham which has expertise and experience in addressing retrofit solutions to noise attenuation matters; NOW THEREFORE BE IT RESOLVED THAT the City of Pickering requests the Regional Municipality of Durham to coordinate a review of potential noise attenuation measures and implementation strategies to address resident concerns in the area of Bayly Street between West Shore Boulevard and Whites Road, and that such investigation include staff from the Ministry of Transportation, the CNR, GO Transit, Region of Durham, City of Pickering and area residents; and FURTHER THAT the Region of Durham advise the City of Pickering of the work program that it intends to undertake to address this matter; and FURTHER THAT a copy of this resolution be forwarded to: -8- Council Meeting Minutes Monday, December 20, 2004 7:30 PM 09 Minister of Transportation, the Honourable Harinder $. Takhar Development Review Coordinator, CN Railway Properties, Mr. G. Woods Managing Director & CEO, GO Transit; Mr. G. McNeal Region of Durham Commissioner of Works, Mr. C. Curtis P.Eng., MBA Regional Council Mark Holland, MP, Ajax-Pickering Hon. Dan McTeague, P.C., MP Pickering-Scarborough East CARRIED Resolution #174~04 Moved by Councillor Brenner Seconded by Councillor McLean That Pickering Council directs the Director, Planning & Development to consider, as part of the zoning strategy for Central Pickering, the use of holding provisions in zoning by-laws for lands where studies are required related to the protection of First Nations' site features and resources. CARRIED {V) BY-LAWS That Councillor Dickerson, seconded by Councillor Brenner, took leave to introduce by- laws of the City of Picketing: By-law Number 6413/04 Being a by-law to amend Restricted Area Zoning By-law 3037, to implement the Official Plan of the City of Pickering, Region of Durham, north Part of Lot 14, Concession 9, City of Pickering. (A 03/04) By-law Number 6414/04 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amending agreement respecting Plan 40M-1602, Pickering, from title. 9 Council Meeting Minutes Monday, December 20, 2004 7:30 PM By-law Number 6415/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1603, Pickering (save and except Lot 1 and Block 26), from title. By-law Number 6416~04 Being a by-law to assume the roads as public highways and the services within Plan '40M-1602 (save and except Blocks 12 and 13) and Plan 40M~1603 (save and except Lot 1 and Blocks 26 and 27), under the jurisdiction of the City of Pickering. By-law Number 6417~04 Being a by-law to amend By-iaw i4t6/t~2 providing for the regulation and licensing of places of amusement. By-law Number 6418~04 Being a by-law to provide for the establishment of a Reserve Fund to be known as the Dedicated Gas Tax Reserve Fund. By-law Number 6419~04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1609, Pickering, from title. By-law Number 6420~04 Being a by-law to amend By-law 2632/88 providing for the erection of stop signs. By-law Number 6421/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1607, Pickering, from title. By-law Number 6422~04 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. -10- Council Meeting Minutes Monday, December 20, 2004 7:30 PM By-law Number 6423/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1616, Pickering, from title. By-law Number 6424/04 Being a by-law to assume the roads as public highways and the services within Plan 40M-1607 (save and except Blocks 80, 87, 88, 89 and 90), Plan 40M-1609 (save and except Blocks 25, 33, 34, 35, 36 and 37) and Plan 40M-1616, under the jurisdiction of the City of Pickering. By-law Number 6425~04 Being a by-law to authorize the release and removal of the Subdivision Agreement relating to Blocks 1 to 6, Plan 40M-1599, Pickering, from title. By-law Number 6426~04 Being a by-law to authorize the release and removal of the Subdivision Agreement relating to Plan 40M-1590, Pickering and the Amending Subdivision Agreement relating to Blocks 12 and 13, Plan 40M-1590, Picketing, together with those parts of Lots 170 and 171, Registrar's Compiled Plan 816, Pickering, being Parts 1, 4 and 5, Plan 40R- 12593, from title. By-law Number 6427/04 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6428/04 Being a by-law to assume the roads as public highways and the services within Plan 40M-1590, Plan 40M-1599 (save and except Blocks 10, 11 and 12) and Plan 40M-1600 (save and except Blocks 43, 44 and 45), under the jurisdiction of the City of Pickering. By-law Number 6429/04 Being a by-law to dedicate those parts of Lot 171, Registrar's Compiled Plan 816, Picketing, being Parts 2 and 3, Plan 40R-12593 as public highway. -11 - 1£ PI(ZKEI NG Council Meeting Minutes Monday, December 20, 2004 7:30 PM By-law Number 6430/04 Being a by-law to authorize the release and removal from title of the Subdivision Agreement relating to Plan 40M-1600, Pickering and respective amending agreements. By-law Number 6431/04 Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2005. CARRIED THIRD READING: Councillor Dickerson, seconded by Councillor Brenner, moved that By-law Numbers 6413/04, 6414/04, 6415/04, 6416/04, 6417/04, 6418/04, 6419/04, 6420/04, 6421/04, 6422/04, 6423/04, 6424/04, 6425/04, 6426/04, 6427/04, 6428/04, 6429/04, 6430/04 and 6431/04, be adopted and the said by-laws be now read a third time and PASSED and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED (VI) 1. OTHER BUSINESS Councillor McLean enquired into the impact of OHIP premiums on the City of Pickering. Councillor McLean gave notice of a motion to restrict searchlights. Councillor McLean stated his concern with respect to a letter from the Region concerning the City of Pickering's Operations Centre as part of regional transit. Mayor Ryan will forward a letter to the Region advising that the City will not entertain the idea of relinquishing ownership of the Operations Centre. Councillor Brenner questioned the rationale used to call a tender so late in the year of an item passed in the 2004 Budget. Councillor Brenner gave notice of a motion, seconded by Councillor McLean concerning the City hosting a tax summit. -12- Council Meeting Minutes Monday, December 20, 2004 7:30 PM Councillor Dickerson gave notice of a motion, seconded by Councillor Johnson with respect to war vets and street signs. Councillor Johnson advised that he would be bringing a motion forward at the January 17th Council Meeting for reconsideration of Report OES 39-04. IVll) CONFIRMATION BY-LAW By-law Number 6432104 Councillor Ashe, seconded by Councillor Dickerson, moved for leave to introduce a By- law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Special Meeting of December 20, 2004. CARRIED (w~) ADJOURNMENT The Meeting adjourned at 10:40 pm. DATED MAYOR CITY CLERK -13- PICKERING Appendix I Executive Committee Report EC 2004-20 That the Executive Committee of the City of Pickering having met on December 13, 2004, presents its twentieth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 45-04 ZONING BY-LAW AMENDMENT APPLICATION A 03/04 DAVID CHESTER 2195 UXBRIDGE-PICKERING TOWNLINE ROAD (NORTH PART OF LOT 14, CONCESSION 9) That Zoning By-law Amendment Application A 03/04, be APPROVED as set out in the draft by-law amendment attached as Appendix I to Report PD 45- 04, to amend the existing zoning on the subject lands to permit a bed and breakfast and a 75 square metre home-based business, on lands being North Part of Lot 14, Concession 9, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03~04, as set out in Appendix I to Report Number PD 45-04, be FORWARDED to City Council for enactment. CORPORATE SERVICES REPORT CS 49-04 2005 TEMPORARY BORROWING BY-LAW That Report CS 49-04 of the Director, Corporate Services & Treasurer, be received; and That the temporary borrowing limit to meet 2005 current expenditures pending receipt of taxes and other revenues be established at $25,000,000 for the period January 1, 2005 to September 30, 2005 inclusive, and $12,500,000 thereafter until December 31, 2005; and That the temporary borrowing limit for capital purposes for 2005 be established at $15,000,000; and That the attached By-law be read three times and passed; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. -14- Appendix I Executive Committee Report EC 2004-20 15 CORPORATE SERVICES REPORT CS 56-04 ESTABLISHMENT OF THE DEDICATED GAS TAX RESERVE FUND 1. That Report CS 56-04 of the Director, Corporate Services & Treasurer concerning Establishment of the Dedicated Gas Tax Reserve Fund, be received; and 2. That Council authorize and approve the establishment of the Dedicated Gas Tax Reserve Fund; and 3. That Council endorse the use of the 2004 gas tax funds to offset Pickering's share of the costs for funding the Ajax Pickering Transit Authority; and 4. That the attached by-law be read three times and passed; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CORPORATE SERVICES REPORT CS 45-04 TULLIS COTTAGE DESIGNATION 1705 SEVENTH CONCESSION ROAD That Report CS 45-04 regarding the designation of the Tullis Cottage, 1705 Seventh Concession Road, be received; and 2. That the Tullis Cottage be designated as a Heritage Property. o CORPORATE SERVICES REPORT CS 46-04 EVER GREEN VILLA DESIGNATION 3970 BROCK ROAD CONCESSION 6, LOT 19 1. That Report CS 46-04 regarding the designation of Ever Green Villa, 3970 Brock Road, be received; and 2. That the Ever Green Villa be designated as a Heritage Property. -15- Appendix I Executive Committee Report EC 2004-20 o CORPORATE SERVICES REPORT CS 58-04 SECTION 354~357~358 OF THE MUNICIPAL ACT -ADJUSTMENT TO TAXES That Report CS 58-04 of the Director, Corporate Services & Treasurer concerning Section 354/357/358 of the Municipal Act - Adjustment to Taxes, be received; and That the write-off of taxes as provided under Section 354/357/358 of the MunicipalAct, 2001 be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 38-04 CONSTRUCTION PRIORITIES FOR REGIONAL ROADS -WITHIN THE CITY OF PICKERING That Report OES 38-04 recommending Regional Road construction priorities within the City of Pickering be received, endorsed and forwarded to the Regional Municipality of Durham requesting that its recommendations be considered in the 2005 Budget and Four-Year Capital Forecast. -16- PI(_ K ElCl G Appendix II Audit Committee Report AC 2004-01 1'7 That the Audit Committee of the City of Pickering having met on December 6, 2004, presents its first report to Council and recommends: 1. 2004 AUDIT - AUDITOR'S WORKPLAN That the Audit Plan, Year Ending December 31, 2004, submitted by Deloitte & Touche, including the proposed increase in fees to provide for increased audit standards as required by the Canadian Institute of Chartered Accountants, be accepted. 2003 AUDIT MANAGEMENT LETTER That the final comments as provided by the Director,' Corporate Services & Treasurer regarding the "Auditor's Management Letter" dated June 7, 2004 submitted by Deloitte & Touche, be accepted. CORPORATE SERVICES REPORT CS 32-04 PROCESS REVIEWS AND BEST PRACTICES - OUTSIDE AGENCY SERVICES 1. That Report CS 32-04 of the Director, Corporate Services be received for information; and That the Audit Committee recommend to Council that the engagement of service providers, as provided for in the Council Compensation and in the Communications Policies, by Councillors be as described in this report less the requirement that a Purchase Requisition and Purchase Order be issued; and 3. That the appropriate staff of the City of Pickering be given authority to give effect thereto. -17- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Executive Committee EC 2005-01, dated January 10, 2005, be adopted. PICK EI, INIG Appendix I Executive Committee Report EC 2005-01 19 That the Executive Committee of the City of Pickering having met on January 10, 2005, presents its first report to Council and recommends: OPERATIONS & EMERGENCY SERVICES REPORT OES 01-05 TENDER FOR PICKERING MUSEUM VILLAGE PROGRAM CENTRE TENDER NO. T-6-2004 That Report OES 01-05 regarding the Pickering Museum Village Program Centre, be received; and That Tender No. T-6-2004 submitted by D. J. McRae Contracting Ltd. for the construction of a new Program Centre at the Pickering Museum Village in the amount of $751,236 (GST extra), be accepted; and That the total gross project cost of $1,002,949.52 and a net project cost of $937,336 including tender amount and other project costs identified in this report be approved; and That Council authorize entering into an agreement between the City and the Pickering Museum Village Foundation for the shared cost and financing of the Program Centre Project and the Hotel Restoration Project; and That pre-budget approval be given in the amount of $547,336 for Program Centre project including moving of hotel and financing to be included in the 2005 current and capital budgets and Council consider including $250,000 in the 2006 Capital Budget for its share of the Hotel Restoration project; and That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) Debt financing through the Region of Durham in the amount of $451,000 for a period not exceeding 10 years, at a rate to be determined; and b) Contributions from the Pickering Museum Village Foundation in the amounts of $60,000 for Program Centre prOject and $36,000 for moving the hotel; and c) The balance of funding in the estimated amount of $336 be included in the 2005 Current Budget; and 5 Appendix I Executive Committee Report EC 2005-01 d) Financing and repayment charges in the amount of approximately $57,700 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and e) The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2004 as established by the Province for municipalities in Ontario; and f) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 7. That staff at the City of Pickering be given the authority to give effect thereto. CORPORATE SERVICES REPORT CS 02-05 2005 INTERIM LEVY AND INTERIM INSTALLMENT DUE DATES o That Report CS 02-05 of the Director, Corporate Services & Treasurer, be received; and That an interim levy be adopted for 2005 for all of the realty property classes; and That the interim levy instalment due dates be February 25 and April 28, 2005; and That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; and That the attached by-law, providing for the imposition of the taxes, be read three times and passed by Council; and That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. -6- Appendix I Executive Committee Report EC 2005-01 CORPORATE SERVICES REPORT CS 01-05 CONFIRMATION OF COMPREHENSIVE CRIME INSURANCE FOR 2005 That Report CS 0t-05 of the Director, Corporate Services & Treasurer concerning Confirmation of Comprehensive Crime Insurance for 2005, be received and forwarded to Council for information. CORPORATE SERVICES REPORT CS 03-05 ESTABLISHMENT ROUGEMOUNT COOPERATIVE HOMES NEIGHBOURHOOD WATCH - 400 KINGSTON ROAD That the letter from the Durham Regional Police Service dated December 7, 2004 endorsing the establishment of the Rougemount Cooperative Homes Neighbourhood Watch, be received; and That the Council of the Corporation of the City of Pickering hereby endorses the Rougemount Cooperative Homes Neighbourhood Watch and approves the installation of Neighbourhood Watch signs at the entrances to the subject area. That the appropriate staff of the City of Pickering be given authority to give effect thereto. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 05-04 FLAG PROTOCOL -POLICY/PROCEDURE 1. That Report CAO 05-04 regarding the Flag Protocol Policy for The Corporation of the City of Pickering, be received; and That Council endorse the Flag Protocol as set out in the Flag Protocol Policy and Procedure with the following amendment: a) That upon the death of a spouse, son or daughter of the Mayor or Member of Council the flags at City properties be flown at half-mast. -7- Appendix I Executive Committee Report EC 2005-01 PROCLAMATIONS "FAMILY LITERACY WEEK" "MARRIAGE CHECKUP WEEK" "RACING AGAINST DRUGS DURHAM WEEK" That Mayor Ryan be authorized to make the following proclamations: "Family Literacy Week" - January 24 - 31, 2005 "Marriage Checkup Week"-February 14- 18, 2005 "Racing Against Drugs Durham Week" - May I - 6, 2005 -8- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report to Council PD 02-05 concerning the City's participation in the Provincial GeoSmart Funding Program and Consultant Selection for Pickering's Enterprise Geographic Information Project be RECEIVED; and That staff be AUTHORIZED to enter into a legal agreement with the Ministry of Natural Resources under the GeoSmart Funding Program to develop and implement an Enterprise Geographic Information Project at a 'total project value not exceeding $750,000, including a GeoSmart grant of up to $375,000, City funding up to $245,650, and 'in-kind' contributions up to $129,350; and bo That the City's total financial obligation to the Project (exclusive of 'in-kind' contributions) not exceed $245,650 including 2004 budget approvals of $161,500 and a pre-budget approval for 2005 of $84,150; and a. That iPLANcorp be RETAINED to implement Pickering's Enterprise Geographic Information Project; and That, in response to the City's RFP-04-2004, the proposal by iPLANcorp, dated December 20, 2004, be APPROVED, with net costs of $9,931.20 for Phase One of the Project and per diem rates for Phase Two of the Project as outlined in the proposal; and That the appropriate officials of the City of Pickering be authorized to gibe effect thereto. REPORT TO COUNCIL Report Number: PD 02-05 Date: January 11,2005 From: Nell Carroll Director, Planning & Development Subject: Participation in Provincial GeoSmart Funding Program Consultant Selection - Enterprise Geographic Information Project Recommendation: That Report PD 02-05 concerning the City's participation in the Provincial GeoSmart Funding Program and Consultant Selection for Pickering's Enterprise Geographic Information Project be RECEIVED; 28. That staff be AUTHORIZED to enter into a legal agreement with the Ministry of Natural Resources under the GeoSmart Funding Program to develop and implement an Enterprise Geographic Information Project at a total project value not exceeding $750,000, including a GeoSmart grant of up to $375,000, City funding up to $245,650, and 'in-kind' contributions up to $129,350; 2b. That the City's total financial obligation to the Project (exclusive of 'in-kind' contributions) not exceed $245,650 including 2004 budget approvals of $161,500 and a pre-budget approval for 2005 of $84,150; 3a. That iPLANcorp be RETAINED to implement Pickering's Enterprise Geographic Information Project; 3b. That, in response to the City's RFP-04-2004, the proposal by iPLANcorp, dated December 20, 2004, be APPROVED, with net costs of $9,931.20 for Phase One of the Project and per diem rates for Phase Two of the Project as outlined in the proposal; That the appropriate officials of the City of Pickering be authorized to give effect thereto. Executive Summary: On August 4, 2003, the City submitted an application to the Ministry of Natural Resources (MNR) for provincial funding under the GeoSmart program. GeoSmart is an initiative led by the MNR and is intended to facilitate and enhance Geographic Information Systems in Ontario communities. The goal of the program is to stimulate economic growth through the efficient delivery of geographic information using Internet-based technologies. GeoSmart provides funding up to 50 percent of a project's total eligible costs. Report PD 02-05 Subject: Consultant Selection Enterprise Geographic Information System Date: January 11, 2005 Page 2 25 On September 29, 2004, the Ministry of Natural Resources announced that Pickering had been successful in securing funding of up to $375,000 through GeoSmart. Approval of the funding is conditional upon certain conditions and legal requirements. In anticipation of GeoSmart approval the City, in its approved 2004 budget, identified projects that were expected to qualify under the funding program, totalling $161,500. These funds have been carried over to 2005 and qualify for this project. Considering the City's success in securing GeoSmart funding, it is now appropriate to seek Council's approval for the expenditure of funds in addition to those approved in the 2004 budget. 'In-kind' contributions by the City and private sector of up to $129,350, together with $84,150 from the City's 2005 budget will provide the total funding. It is still Council's prerogative to proceed or not proceed with this project. In order to undertake a project under this program, the assistance of a consultant with expertise in Geographic Information Systems (GIS)is necessary. A Request for Proposal (RFP) was made available on December 3, 2004, to select a consultant to assist the City with the implementation of an Enterprise GIS Project. It will be the consultant's task to work with the City to develop a project scope document, finalize the funding agreement with GeoSmart, and to implement the Corporate GIS project. A total of five proposals were received by the closing date of December 20, 2004. Four proposals were deemed complete (see Attachment #1). A selection Committee comprised of City staff reviewed the proposals and scored them using pre-established criteria outlined in the RFP. The Committee interviewed the top two firms and evaluated their performance. Based on a combined evaluation exercise, the Committee recommends that iPLANcorp be retained to undertake the Pickering Enterprise Geographic Information Project. Financial Implications: Phase One RFP-4-2004 Disbursements Contingency G.S.T. Total Purchase Cost G.S.T. Rebate Net Purchase Cost $ 8,276.O0 827.6O (10%) 827.6O (10%) 695.18 10,626.38 (695.18) $ 9,931.20 Phase Two RFP-4-2004 Specific deliverables and costs to be determined through Project Scope Document developed in Phase One, but will not exceed the amount stated in this report. Report PD 02-05 Subject: Consultant Selection Enterprise Geographic Information System Date: January 11,2005 Page 3 Total Proiect Total City financial obligation not to exceed Total Project Value not to exceed $245,650.00 $75O,OOO.OO Source of Funds (see Attachment #2) City 2004 - Approved - carried forward to 2005 City 2005 - Proposed Ministry of Natural Resources - GeoSmart. Sub Total Cash Expenditures up to $161,500.00 84,150.00 375,000.00 'In-Kind' contribution by City and private sector (minimum 20%) Total Project Value $620,650.00 upto $129,350.00 upto $750,000.00 Background: On August 4, 2003, the City submitted an application for provincial funding under the GeoSmart program. GeoSmart is a $32 million SuperBuild initiative led by the Ministry of Natural Resources (MNR) and is intended to facilitate and enhance Geographic Information Systems in Ontario communities. GeoSmart provides funding up to 50 percent of a project's total eligible costs, generally not exceeding $500,000 per project. Projects will focus on accessing information and implementing technologies to address a variety of business needs including economic development, land use planning, and asset management and emergency services. The City's initial project submission required total funding of $1,075,000 including $499,000 from the Province (GeoSmart), $300,000 from the City, and the remainder in the form of vendor discounts and 'in-kind' contributions including staff time. The key project deliverables as identified in the Application for Funding submission included developing a GIS strategic plan, installing hardware and software, creating and enhancing data and databases, and implementing various mapping and data applications. A majority of the work involves the use of consultants, as required by GeoSmart. The majority of the City's financial contribution to the project was approved in the 2004 capital and current budgets, while awaiting approvals from the MNR. Council approved funds totalling $161,500 from accounts in the Information Technology Section and Planning & Development Department budgets. These funds have been carried over to 2005 to allow implementation of the project in 2005 and 2006. On September 29, 2004, the City received confirmation of funding approval from MNR to a maximum of $375,000, subject to a series of conditions as identified by the GeoSmart Advisory Panel. The reduction in approved funds from GeoSmart requires the City to reassess the key deliverables of the project. Although we still expect to accomplish the majority of deliverables outlined in the initial funding submission, the final Project Scope remains to be determined through further review by the City and its consultant over the next two months. To qualify for GeoSmart funding, a final legal agreement must be secured with MNR by March 31,2005. Report PD 02-05 Subject: Consultant Selection Enterprise Geographic Information System Date: January 11,2005 Page 4 2? The Enterprise GIS project involves two phases, the first being the development of a Project Scope, and the second being project implementation. Retention of a consultant specializing in GIS is necessary to assist City staff in the development of the Project Scope, finalize the funding agreement with GeoSmart, and to implement the Corporate GIS project. The Project Scope document will outline project deliverables, timelines, milestones and costs. Anticipated deliverables to be identified in the Phase One Project Scope include: · the creation and enhancement of databases for survey documents, storm sewers, street lighting, fire hydrants, sidewalks and corporate addresses; · using orthophotography, creation and enhancement of databases for building roof prints, drainage and bodies of water, trails, parks, and parking lots; · software applications, including ArclMS (web based mapping tool), letter of credit control module, letter of compliance module; · staff training on the methodologies used in data creation and maintenance; and, · Phase Two implementation costs. Phase Two involves implementation of the deliverables identified in the Project Scope document. The extent of consultant involvement in Phase Two will be determined through the Phase One Project Scope exercise. RFP for Consulting Assistance A staff Committee was formed to create an RFP for consulting assistance and undertake consultant selection, consisting of: G.A. Paterson - Director, Corporate Services & Treasurer Neil Carroll- Director, Planning & Development Jon Storms - Manager, Information Technology lan Bishop - Supervisor, Information & Support Services Bob Kuzma - Purchasing Analyst A Request for Proposal was made available on December 3, 2004, to select a consultant to assist the City of Pickering with the implementation of an Enterprise GIS Project. The City distributed 16 requests for proposals to geomatics consultants with five returned by the closing date of December 20, 2004. Four proposals were deemed complete. To ensure a fair review, proposals were evaluated according to pre-determined criteria. o$ Report PD 02-05 Subject: Consultant Selection Enterprise Geographic Information System Date: January 11,2005 Page 5 The selection Committee met on December 22, 2004, to evaluate the proposals and to select firms for interview. A point formula approach was used to score the proposals on an evaluation criteria matrix. Each member of the selection Committee scored each proposal according to the criteria headings described below: · overall quality of the Proposal; · bidder's qualifications and expertise; · clear demonstration of GIS experience working with a multi-disciplined team; · bidder's past record (based on similar projects); · identification of key issues and understanding of the project; · approaches and methods for completing project scope document; · consulting fees for Phase One, and per diem rates for Phase Two; · work program and timetable; · general knowledge of the City of Pickering (past, present and future); and, · value-added services offered. The Committee interviewed the top two firms and evaluated their performance. Based on a combined evaluation exercise, the Committee recommends that iPLANcorp be retained to undertake the Pickering Enterprise Geographic Information Project. The RFP submission and presentation by iPLANcorp reflected a strong understanding of the City's project and the GeoSmart program, iPLANcorp has successfully implemented projects of similar scope for the Municipality of Clarington and the City of Greater Sudbury. iPLANcorp was ranked highest by the Committee in both elements of the evaluation, was the lowest bidder for Phase One, and had competitive per diem rates for Phase Two. Funding The total upset limit of the City's cash financial commitment to Phase One and Phase Two is $245,650. This will include $161,500 already approved in previous City budgets, and $84,150 additional funds as a pre-budget approval for 2005. The maximum GeoSmart funding commitment is $375,000. In order to maximize the benefits of the GeoSmart grant there may be need for flexibility in how specific City approved and proposed funds are allocated within the project. The total project value will not exceed $750,000 and will be a combination of City cash funds, GeoSmart cash funds, vendor discounts, and 'in-kind' contributions including consultant and City staff time. Report PD 02-05 Subject: Consultant Selection Enterprise Geographic Information System Date: January 11,2005 Page 6 Attachments: 1. Supply & Services Memo (dated December 22, 2004) 2. Source of Funds Prepared By: & Support Services Endorsed By: Nell Carro~-L---~ Director, Pla"nhTng & Development Gillis Paterson Director, Corporate Services & Treasurer .,.~an Storms nager, Information Technology ,Purchasing Anfj~lyst lB:Id Attachments Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Recommended for the consideration of Pickering City CoUfi .'" .,..i ,~ ¢.~ , Il Tho~rrlaS J. Quinn, ief Admi SO ATTACHMENT/__ / TO RE~0m ~, PD_ O2-O~ CORPORATE SERVICES DEPARTNENT MEMORANDUM Date: To: December 22, 2004 Nell Carroll Director, Planning & Development G.A. Paterson Director, Corporate Services & Treasurer Jon Storms Manager, Information Technology lan Bishop Supervisor, Information & Support Services From: Bob Kuzma Purchasing Analyst Subject: Request for Proposal- Pickering Enterprise GIS Implementation Project No. RFP-4-2004 Terms of reference for the above request for proposals were provided to six (6) consulting firms. An advertisement was placed on the City's website on December 6, 2004 and the Community Page on December 15, 2004, which resulted in the request for a copy of the Terms of Reference from an additional nine (9) firms, for a total of fifteen (15). Five (5) proposals have been received by the deadline of 12:00 noon Monday, December 20, 2004. A preliminary compliance checklist and pricing summary is as follows: Item 6.i - Executive Summary of the Proposal Item 6.2 -Introduction Item 6.3 - General knowledge of the City of Picketing (past, present and future) Item 6.4 - Understanding of the Project Item 6.5 - Approach to the Project Item 6.6 - Company Qualifications Item 6.7' - Company Credentials Item 6.8 -Work Program Item 6.9 - Project Team Item 6.10 - Pricing RFP - 4 - 2004 December 22, 2004 Page 2 Com )liance Checklist Consulting Firm 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 MTi o o o , . , , o . ESRI , , , o , o , , , eSOLUTIONS . . . . . . . . · · Sierra · . . . . · · · . · IPLAN · . . . . · · . · Pricinq Summary Consulting Firm Phase 1 Staff Per Diem Rates - Phase 2 MTi $69,550.00 $1,000 $800 $640 eSOLUTIONS $30,338.78 $880 $824 $608 $512 Sierra Solutions $14,000 $1,400 $990 $950 $930 IPLAN $8,276 $1,050 $768 $704 $320 ESRI Canada* Not considered *The proposal submitted by ESRI Canada, contravenes Terms of Reference, Information to Bidders - Item 2.11, as their total document was marked confidential. In accordance with Terms of Reference, Section 8, Item 8.4 states: Submissions are to conform to the Terms of Reference set out herein. 'Submissions failing to do so will not be considered. To have submittals available as soon as possible to provide the Selection Committee an optimum amount of time for evaluation, the summary is brief to introduce proposals into the evaluation phase. A more subjective review is envisioned when the Selection Committee becomes involved. Should any information appear missing during the evaluation phase, please contact me as soon as possible. A Selection Committee meeting has been arranged for Wednesday, December 22, 2004 at 2:15 PM to review the submissions and evaluation criteria. One copy of each proposal is being provided directly to each member of the Selection Committee with a copy of this memorandum. The evaluation form will be reviewed and committee member will be requested to review the submissions and complete the evaluation forms. A second meeting has been scheduled for Tuesday, January 4, 2005 at 2:00 PM to review the evaluation forms and schedule vendor interviews during the week of January 4 to 7, 2005, if necessary. If you requ. i,ce further information or assistance, please feel free to contact me. B./ Kuzn4a~' -' t// -- Purchasing An¢lyst 3~ REPORT Source of Funds: 2004 -Approved - Carried forward to 2005 Project Code Description Amount Capital/ Current I.T. 04-2196-001-01 AutoCAD Software Upgrades $7,000 Capital I.T. 04-2196-002-05 AutoCAD Workstations $16,500 Capital I.T. 04-2196-00207 MP&E- Plotter $19,000 Capital I.T. 04-2196-004-06 P&D- Phase 1 -ArclMS $55,000 Capital I.T. 04-2196-004-12 MP&E- Forest Management Sys. $6,000 Capital I.T. 04-2196-004-13 MP&E - Traffic Analysis $9,000 Capital I.T. 04-2196-004-22 MP&E- ESRI ArcVIEW Licences $12,000 Capital I.T. 04-2196-2396 AMANDA Version Upgrade $12,000 Current P&D 2611-2392 GeoSmart - Technical Assistance $15,000 Current P&D 2126-2392 AMANDA System Consulting $10,000 Current Total $161,500 2005 - Proposed Project Code Description Amount Capital/ Current I.T. 05-2196-001-04 AutoCAD Software Upgrades $10,500 Capital I.T. 05-2196-004-06 MP&E- AutoCAD Licence $5,000 Capital I.T. 05-2196-004-15 P&D - Phase 2 - ArclMS $26,000 Capital I.T. 05-2196-004-17 MP&E- ESRI ArcVIEW Licences $8,900 Capital I.T. 05-2196-004-23 Large Bed Scanner $23,750 Capital 2126-2392 AMANDA System Consulting $10,000 Current Total $84,150 *All items are paid for from current funds Ministry of Natural Resources - GeoSmart Description Amount Source Financial assistance Up to $375,000 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY la) That the City of Pickering not consent to the Region of Durham Transit By- law #85-2004 regarding the transfer of Lower-Tier Municipal Transit Services to the Region; and 2a) That, notwithstanding the above, the City of Pickering supports the amalgamation of transit across the Region as a Regional Transit Service and approves continued staff negotiations to resolve outstanding issues, with a new report to Regional Council resolving these issues by June 30, 2005. OR lb) That the City of Pickering consent to the Region of Durham Transit By-law #85-2004 regarding the transfer of Lower-Tier Municipal Transit Services to the Region; and 2b) That City staff continue to negotiate with Region staff, a reasonable solution, for the Region's use only of a portion of the City's Operations Centre for bus storage. REPORT TO COUNCIL Report Number: CAO 03-05 Date: January 13, 2005 From: Everett Buntsma (Acting) Chief Administrative Officer Subject: Region of Durham Business Case Analysis - for the Potential Transfer of Lower-Tier - Municipal Transit Services - Region of Durham By-law#85-2004 File: D-7000 Recommendation: la) That the City of Pickering not consent to the Region of Durham Transit By-law #85-2004 regarding the transfer of Lower-Tier Municipal Transit Services to the Region; and 2a) That,' notwithstanding the above, the City of Pickering supports the amalgamation of transit across the Region as a Regional Transit Service and approves continued staff negotiations to resolve outstanding issues, with a new report to Regional Council resolving these issues by June 30, 2005. OR lb) That the City of Pickering consent to the Region of Durham Transit By-law #85- 2004 regarding the transfer of Lower-Tier Municipal Transit Services to the RegiOn; and 2b) That City staff continue to negotiate with Region staff, a reasonable solution, for the Region's use only of a portion of the City's Operations Centre for bus storage. Executive Summary: The Region of Durham has prepared a business case which has determined that there are significant benefits (non monetary) should the Region amalgamate lower-tier transit services into one unified service. The Region subsequently passed By-law #85-2004 which now requires a triple majority approval. City Council adoption of Recommendation lb) and 2b) above will confirm the City's consent to amalgamate lower-tier transit services into a Regional service. Report CAe 03-05 Subject: Region of Durham Business Case Analysis For Potential Transfer of Lower-Tier Transit Date: January 13, 2005 Page 2 Council's adoption of Recommendation la) and 2a) will reflect that although the City supports the amalgamation of transit across the Region it cannot consent to By-law #85-2004 until further study and negotiations between the City and Region staff to resolve specific City concerns. Financial Implications: Unknown, but will increase tax burden to the City taxpayers to provide a more efficient and integrated Regional Transit Network. Background: Not Applicable Attachments: 1. Regional Clerk's Letter 2. Regional By-law #85-2004 3. Regional Chair's Letter Prepared By: (Acting) Chief Administrative Officer EB:mld Attachments Copy: Chief Administrative Officer Director, Corporate Services & Treasurer Recommended for the consideration of Pickerels..---'-~'~ Thom~Ouihp~CChief Ad ministrative Officer CORP0227-07/01 The Regional. Municipality of Durham Clerk's Department 605 ROSSLAND RD. E. PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-668-7711 1-800-372-1102 Fax: 905-668~9963 Emait: clerks@region.durham.on.ca wWW. region.durham.on.ca Pat M, Madill, AJ~.C,T., CMM ! Regional Clerk ROUTING MAY¢.'R COLJhC,L LOR;" AP, M!N;:'; .;,,.l'? r~ DIR./CUMM..:. :'¢'.' .: : DtR./CORR ~JVC~ DIR.,"PLAhN.ff'C' ~IR.:PUiJ. V'.' O~ i,: S v'''/' FtRF TREASUR£~; I% . i'¢r2¢/1: 4-______..~ ,,~. "Service Excellence for our Communities" December 17, 2004 Mr. D.G. McKay Clerk Town of Whitby 575 Rossland Road Eas Whitby ON LIN 2MI DEC 2 2 2004 ,/ ! RE: REGION OF DURHAM TRANSIT BY-LAW OUR FILE: T05-01 Mr. McKay, at a meeting held on December 15, 2004, Regional Council passed By-law'#85-2004, being a by-law to transfer all of. the lower-tier power relating to. public transportation systems, other than highways, to the Region from all of its lower-tier municipalities. In accordance with the Municipal Act the by-law shall not come into fome unless: ~) a majority o[ all votes on the council of the upper-tier municipality are cast in its favour; ~) after the by-law is passed, a majority of the councils of all its lower-tier municipalities have passed .resolutions giving their consent to the by-law; and the total number of electors in the lower-tier municipalities that pass resolutions under clause (b) form a majority of all the electors in the. upper-t!er municipality. ,ccordingly, could you please place this before your Council at its next ~eeting in order to ascertain their position as it relates to part b) bove. · A response on or before January 18, 2005 would be appreciated in order that Regional Council may consider the issue at its January 19, 2005 meeting. 100% Post C~nsumer Attached for your reference, is a copy of By-law #85-2004, as well as a · ' ~ copy of the recommendations passed by Council at their meeting held .... On December 15, 2004., P.M. Madill, A.M.C.T., CMM I Regional Clerk PMM/cg C; D. Allingham, Totten Sims Hubicki R.J. Clapp, Commissioner of Finance C. Curtis, Commissioner of Works G. Johns, Commissioner of Human Resources B.J. Roy, Regional Solicitor A.L. Georgieff, Commissioner of Planning G.H. Cubitt, Chief Administrative Officer R. Anderson, Regional Chair ATTACHMENT fi: RECOMMENDATIONS APPROVED BY DURHAM REGIONAL COUNCIL ON DECEMBER 15, 2004 REGARDING THE POTENTIAL TRANSFER OF LOWER-TIER MUNICIPAL TRANSIT SERVICES TO THE REGIONAL MUNICIPALITY OF DURHAM: a) THAT Report #2004-RTIC-7 of the Commissioners of Planning, Works and Finance, titled "Business Case Analysis for the Potential Transfer of Lower-Tier Municipal Transit Services to the Regional Municipality of Durham" by Totten Sims Hubicki (TSH) be received for information; b) THAT Report #2004-RTIC-8 of the Commissioners of Planning, Works and Finance, summarizing the responses received to date from five of the eight area municipalities, namely, Ajax, Brock, Pickering, Scugog, and Uxbridge be received for information; c) · THAT the following recommendations contained in the TSH report be endorsed, subject to the Region of Durham Transit By-law receiving triple majority approval: The transfer of the transit responsibilities of the C!ty of Pickering, Town of Ajax, Town of Whitby, City of Oshawa, Municipality of Clarington and Handi Transit Inc. to the Region of Durham; Regional staff be directed to present to Committee and Council for their approval an appropriate net-cost allocation formula for the levy of Regional transit taxes at a local municipal level; Apply the "Cumming Principle" to any transit-related asset transfers, and all transfer-eligible assets of Handi-Transit Inc.; Adopt the t~ollowing timetable for Regional Transit implementation: Transition Period - Date of Transit By-Law approval to effective date of service transfer (January 1, 2006): - Resolution of critical HR and union issues including union certification; - Staffing of the new Regional Transit Department; Development and implementation of operational and financial controls; Obtain Public Vehicle Operating LiCense for the Region of Durham to operate transit; and Asset transfer. 3g Completion of Transfer- complete transfer of service and initiate Regional transit service on January 1, 2006; Inform the Provincial and Federal governments of the creation of a Durham Regional Transit system and pursue the acquisition of additional Provincial/Federal government funding; Extend the mandate of Regional Transit Implementation Committee (RTIC) to oversee the transfer of transit services; The Regional Working Committee be the Regional Transit Implementation Committee and be active through 2005 to oversee all actions necessary to complete the transfer, including but not limited to, action items contained in Tables 11.1 to 11.6 of the TSH Report, and that the existing area municipal Transit Advisory Committees be utilized in an advisory role to RTIC during transition up to and including the year 2006; and In the year 2005 the RTIC Committee will decide which Committee will govern the Regional Transit System for the year 2006; d) THAT the following additional recommendations be approved, subject to the Region of Durham Transit By-law receiving triple majority approval: i) The net cost allocation formula for the levy of Regional transit taxes at a local municipal level be assessed on the basis of 75% revenue hours of service and 25% weighted assessment and be phased into a 100% weighted assessment basis over the next seven years; and e) ii) The 2005 Regional Transit Budget for area municipal transit related purposes be shared on the basis of a 75% share to the area municipalities with a 25% share to be retained by the Region with the Regional shortfall related to 2005 Regional Transit Transition costs to be financed from a source determined by the Commissioner of Finance and further that the Region of Durham apply to the Province of Ontario for Regional transit transition funding; THAT the following revisions to the proposed Region of Durham Transit By-law, as set out in Attachment #3 to Report #2004-RTIC-8 of the Commissioners of Planning, Works and Finance, be approved: Clause 2(b) be amended by adding the words "at a minimum" following the words "The Region shall"; and ii) The following clause be inserted as clause 2(p) under the heading "Surplus Assets": "Any real property acquired by the Region from a lower-tier municipality pursuant to clause 2(d) of this by-law and deemed surplus for transit purposes shall be returned to the lower-tier municipality from which it was transferred at no cost."; THAT the Region of Durham Transit By-Law [Attachment #3 to Report #2004-RTIC-8 as modified by recommendation e) · above] providing for the transfer of the lower-tier power relating to public transportation systems, other than highways (transit) to the Region, and encompassing the following terms and conditions for the transfer, be approved: As of the effective date, the Region shall operate, maintain and regulate the use of a Public Transportation System for both conventional and specialized services; The Region shall at a minimum begin its service based on the existing overall revenue hours of service in effect as of May 1, 2004, with the addition of the Rossland/Taunton "beltline" service jointly planned by the City of Oshawa and the Town of Whitby, the planned service realignments in Oshawa and Whitby for implementation in 2004/2005 and the Iower-tie~ municipalities 'r~U~'st~'r~ c~0-~enting --~ resolutions on or before January 18, 2005; and h) THAT a copy of Report #2004-RTIC-8 of the Commissioners of Planning, Works and Finance be forwarded to all area municipalities in Durham Region. ,,.% The Regional Municipality o[ Durham To: The Regional Transit Implementation Oommittee From: Oommissioners of Planning, Finanoe and Works Report No.: 2004-RT10-8 Date: December 9, 2004 .SUBJECT: Area Municipal Comments on Report No. 2004-RTIC-7 (Subject: Business Case Analysis for the Potential Transfer of Lower-Tier Municipal .Transit Services to the Regional Municipality of Durham) RECOMMENDATIONS: THAT the Regional Transit Implementation Committee (RTIC) recommend to Regional Council that Report-2004-RTIC-8, summarizing the responses received to date from five of the eight area municipalities, namely, Ajax, Brock, Pickering, Scugog, and Uxbridge, and the suggested revisions to the proposed Region of Durham Transit By-Law, be considered along with the recommendations of Report 2004-RTIC-7. REPORT: BACKGROUND AND PURPOSE 1.1 On November 4, 2004, the Regional Transit Implementation Committee (RTIC) considered Commissioners' Report 2004-RTIC-7. This repod summarized the findings of the Business Case Analysis by Totten Sims Hubicki. Limited (TSH), provided staff comments on their findings, and recommended that the Business Case Analysis be endorsed and that a by- law be enacted to transfer the responsibility for transit from the lower tier municipalities to the Region, subject to a number of terms and conditions. Based on deliberations at the meeting, RTIC endorsed the results of the Business Case Analysis and a supporting by-law, for approval by the Committee of the Whole. 1.2 At a meeting held on 'November 10, 2004, the Committee of the Whole considered the recommendation o[ RTIC and adopted the following resolution: Report No.: 2004-RTIC-8 3.1.3 3.1.4 3.2 3.2.1 3.2.2 3.2.3 3.2.4' The intent of clause (2b) in the by-law is to ensure that the Region has a degree of certainty with the service it will assume. The Regional Solicitor has advised that the clause is intended not to bind the Region to the existing level of service in perpetuity. To clarify its intent, it is recommended that the phrase "shall maintain" in clause (2b) of the by-law be replaced with "shall begin its service based on". With respect to conventional transit service in the north, the preliminary service plans developed as part of the Consultant's Business Case Analysis recommends the deployment of one dial-a-ride bus (starting 2006) to service the three northern municipalities. The detailed service planning exercise proposed for the transition year (2005), and annual service planning thereafter, would determine the priorities for service enhancements across the entire Region on an annual basis. Accordingly, it is recommended that the Townships' requests be considered during the detailed service planning exercise in 2005.. Transfer of Assets Clause (2d) of the by-law recommends the adoption of the Cumming PrinCiple - i.e. all local transit assets must be transferred to the Region at no cost as taxpayers should not be expected to pay for the assets twice. This includes all assets, but not be limited to: vehicles and equipment; lands and premises including garages, terminals and shelters; and other transit amenities. In commenting on this matter, the Town of Ajax has requested that it retain the ownership of its transit facility on Westney Road (near Ajax GO sta. t.i.o..n), and that the Region lease the facility for a r{ominal rent Inet to Region paying all expenses). On the same matter, the City of Pickering has requested that its Qperations Centre (on Brock Road) not be considered as part of the transfer of assets, as the facility is currently being rented to Ajax-Picketing Transit AUthority (APTA) for the use of storage and office space. TSH has determined that all of the existing assets would continue to be required after the transfer to operate transit at the Regional level. Therefore, the ownership of all transit related assets must be transferred to the Region. Report No.: 2004-RTIC-8 Page No. 5 3.2.5 3.2.6 3.2.7 3.3 3,3.1 Accordingly, it is recommended that the Cumming principle be followed for all assets related to transit, subject to confirmation of inventories, appropriate asset valuations and environmental site assessments, as per clause (2e) in the by-law. Commenting on the asset transfer, the three Townships have requested that the by-law be reviewed to ensure that assets as at May 1,2004 cannot be sold, mortgaged or otherwise encumbered, and that there is no incurrence of any significant financial obligations (contracts, borrowing, debenturing, etc.) and depletion of cash, reserves and other assets before the Effective Date of Transfer. Clause (2m) of the by-law specifies that: "During the period of time between the date that this by-law has received the necessary triple majority approval and the Effective Date (the "Transition Period"), any new or renewed transit-related contract, lease or contractual obligation that requires a significant financial commitment extending beyond the Effective Date shall require the approval of the Region". According to the wording of the by-law, during the transition year (i.e. 2005), any act by the area municipalities that would require a "significant" financial commitment beyond the Effective Date would have to be approved by Regional Council. The Regional Solicitor has advised that this wording would address the concerns expressed by the Townships, and has recommended that upon receiving triple majority on the by-law, the definition of "significant financial commitment" be ~larified to area municipalities through appropriate guidelines. Provincial Gas Tax Funding Clause (2i) in the by-law states that after the Effective Date of Transfer, all Provincial and Federal transit-related funding received by the lower-tier municipalities shall be transferred to the Region, including but not limited to funds received from such programs as the new Provincial Gas Tax Funding Program. 10 Report No.: 2004-RTIC-8 Page No. 6 3.3.2 3.3.3 3.4 3.4.1 3.4.2 3.4.3 The three Townships have generally made similar comments on this matter. They have requested that the Region assume responsibility for ensuring that the provincial conditions of receiving the gas tax rebate for 2006 are satisfied (including the undertaking of an asset management plan) and that the rebate is not lost. They have also requested that the Region earmark their respective 2005 gas tax funds for enhancement of specialized transit services in their respective Townships, in 2006 (refer to section 3.7.2 for response to requests for service enhancements). Should the responsibility for transit services be transferred, the Region will be encumbered by the same conditions of the Provincial Gas Tax Funding Program beginning in 2006, as are local municipalities for 2004 and 2005. Therefore, it is recommended that the Region assume the responsibility to ensure compliance with all provincial conditions for the Program. 2005 Regional Transit Funding Report 2004-RTIC-7 recommended that the 2005 Regional Transit funding matter be referred to the 2005 Regional business planning and budget deliberations in order to determine the funding for transition and related costs associated with the transfer. The Town of Ajax and the three Townships have requested that the 2005 Regional Transit fund be divided between the area municipalities and the Region on a ratio between 50/50 and 60/40 (in favour of area municipalities), subject to negotiations and finalization by Treasurers. The Ci;ty of Pickering has requested that the Region distribute this fund to area municipalities for the 2005 operating year, at the same level 'as 2004. The 2005 five-year economic and financial forecasts and related budget guidelines, as approved, on December 1,2004, indicated that $4 million was required for anticipated 2005 transition costs. It is therefore recommended that the 2005 Regional Transit Funding matter be dealt with during the 2005 Regional business planning and budget deliberations. tl 48, Report No.: 2004-RTIC-8 Page No. 7 3.5.1 3.5.2 3.6 3.6.1 3.6.2 3.6.3 Governance for Regional Transit The Business Case Analysis Report by TSH recommended that the new Regional Transit Department report to a Joint Planning and Works Committee. The Town of Ajax has requested that this Department repod to a Committee of Regional Councillors reflecting ridership with the northern municipalities (Brock, Uxbridge and Scugog) having one representative, Ajax, Pickering, Whitby and Clarington each having one representative, and Oshawa having two representatives. The reporting mechanism recommended in the Business Case Analysis (i.e. the transit department reporting to a Joint Planning and Works Committee) builds on existing committee structures and would ensure that all area municipalities are represented. As such, the Joint Planning and Works Committee model is preferred in the short term. Once the transfer is completed, it may be useful to review the reporting mechanism and assess if a stand-alone transit committee would be beneficial. Allocation of Regional Transit Costs Report 2004-RTIC-7 recommended that staff be directed to present to Committee and Council for their approval an appropriate net-cost allocation formula for the levy of Regional transit taxes at a local municipal level. The Town of Ajax has requested that the allocation of Regional Transit costs be based on 50/50 ridership/assessment, phased in over 5 years to 100% equalized assessment. The Town has further requested that the Region utilize the Gen'eral Levy Rate Stabilization Reserve Fund in 2006 to mitigate the tax rate increase resulting from the transfer of transit services. The three Townships have requested that Regional Transit costs be allocated on a 75/25 service/assessment basis across the eight municipalities. The Township of Scugog has further requested that this allocation formula be maintained for the first five years, with subsequent increases in non- assessment allocation phased in over a further 5 year period, based on average 5 year historic:al increases in ridership levels within each . munic!pality. 12 Report No.: 2004-RTIC-8 Page No. 8 3.6.4 3.6.5 3.7 3.7.1 3.7.2 3.8 3.8.1 The City of Pickering has requested that the Regional Transit costs be allocated on a 100% equalized assessment basis, as is the case for all other Regional services. Regional staff has provided and will continue to provide multiple net cost allocation methods and the associated estimated property tax impacts, including ones that recognize different levels of service, for Regional Council review and approval. It would appear that the cost allocation would not be based on a 100% equalized assessment, at least for the first 5 years. Accordingly, it is recommended that an acceptable formula be developed and presented to Regional Council prior to July 1, 2005. Service Enhancements The three TownShips have made requests for specific service enhancements, as detailed in Attachment 2. As noted in Report 2004-RTIC-7, the Business Case Analysis recommends undertaking of a detailed service planning exercise during the transition year (i.e. 2005). It is recommended that the detailed service planning take into consideration the enhancements identified by the Townships. With respect to dedicating the gas tax revenues received by the three Townships in 2005 towards the enhancement of specialized transit service in their respective municipalities in 2006, as noted earlier, it is important that service enhancements be prioritized through the detailed service planning exercise proposed for the transition year (2005). The full cost of providing enhanced service in the nodh must be considered as pad of the service planning exercise so that the full implicatio'ns are known. Accordingly, it is recommended that the Townships' requests be considered as part of the service planning exercise in 2005. Unfunded Liabilities In addition to the above, the City of Pickering has requested that the Region provide a further report on unfunded liabilities for local municipalities for review and comment. As noted in Repod 2004-RTIC-7, further examination of un[untied liabilities has been planned as part of the transition work in 2005. 13 Report No.: 2004-RTIC-8 Page No. 9 RECOMMENDATIONS Based on a review of area municipal comments, it is recommended that the revised by-law in Attachment 3 be used as the basis to further the triple majority approval process. A. L. Georgi~.C.l.P., R.P.P. Commissioner of Planning R.J. Clapp, CA Commissioner of Finance Commissioner of Works RECOMMENDED FOR PRESENTATION TO COMMI'I-i'EE Garry H. Cubitt, M.S.W. Chief Administrative Officer Attachments; 1. · Area Municipal Resolutions 2. Summary of Area Municipal Comments 3. Revised Region of Durham Transit By-Law 14 BY-LAW NUMBER 85-2004 OF THE REGIONAL MUNICIPALITY OF DURHAM A by-law to transfer all of the lower-tier power relating to public transportation systems, other than highways, to the Region from all of its lower-tier municipali(ies. WHEREAS Section 189 of the Municipal Act, 2001, S.O. 2001, c. 25 (the "Act") provides that an upper-tier municipality may pass a by-law to provide for the transfer of all or part of a lower-tier power to the upper-tier municipality from one or more of its lower-tier municipalities which are specified in the by-law; AND WHEREAS public transportation systems, other than highways, are defined in Section 188 of the Act as a lower-tier power that may be transferred to an upper-tier municipality; AND WHEREAS the The Regional Municipality of Durham (the "Region") desires to assume all of the power relating to public transportations systems other than highways ("Public Transportation Systems") from all of its lower-tier municipalities; NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a by- law of The Regional Municipality of Durham through the Council thereof as follows: All of the power of lower-tier municipalities with respect to Public Transportation SystemS shall be transferred to the Region effective January 1,2006 (the "Effective Date"). On the Effective Date, all rights and obligations and all assets and liabilities of the lower-tier municipalities pertaining to or used for Public Transportation Systems including all real and personal property and all interests and obligations in any agreement, shall be transferred to the Region subject to the following terms and conditions: Operations (a) As of the Effective Date, the Region shall operate, maintain and regulate the use of a Public Transportation System for both conventional and specialized services. (b) The Region shall at a minimum begin its service based on the existing overall revenue hours of service in effect as of May 1, 2004, with the addition of the RosslandFFaunton "beltline" service jointly planned by the City of Oshawa and the Town of Whitby, the planned service realignments in Oshawa and Whitby for implementation in 2004/2005 and enhanced specialized transit service in Oshawa as a result of a vehicle acquired in 2004. (c) After the Effective Date, the Region may enter into agreements wffh any adjoining municipality or the Province for the provision of public transportation services. Asset Transfer (d) All physical assets used forpublic transportation systems shall be transferred to the~Re~Lor~wilhout compensation as of the Effective Date. Assets shall include, but not be limited to, (i) vehicles and equipment; (ii) lands and premises including garages, terminals and shelters; and (iii) other transit amenities. (e) The transfer of all transit-related assets shall be subject to confirmation of inventories, appropriate asset valuations and environmental site assessments. Such inventories shall include all transit-related assets of the lower-tier municipalities and transit agencies as at the Effective Date. (f) Discretionary transit-related funds including reserves and reserve funds existing on the Effective Date shall be transferred to the Region. (g) All transit-related development charge and other non-discretionary reserve funds shall be transferred to the Region. (h) Lower-tier municipalities shall continue to collect transit development charges 'where applicable until their by-laws expire or are repealed, including periods beyond the Effective Date. All such development charges shall be transferred to the Region. The transit-related provisions of the development charges by-laws shall not be changed after this by-law has received the necessary triple majority approval without the approval of the Region. (i) After the Effective Date, all Provincial and Federal transit-related funding received by the lower-tier municipalities shall be transferred to the Region, including but not limited to funds received from such programs as the Ontario Transit Vehicle Program (formerly the Transit Renewal Program), the new Provincial Gas Tax Funding program for public transit and potential federal programs such as a federal gas tax. Liabilities (J) (k) As of the Effective Date, the lower-tier municipalities shall be relieved of all liabilities in relation to any assets transferred to the Region. The amount and future payments of any unfunded liabilities existing at the Effective Date shall be determined through negotiations between the Region and the lower-tier municipalities. Personnel All transit employees with permanent full time and pad time positions, both exempt and union, that are exclusively employed in transit by the lower-tier municipalities, transit operators and Handi Transit Inc. as of the date that this by-law comes into force shall become employees of the Region as of the Effective Date. Transition Period (m) During the period of time between the date that this by-law has received the necessary tdple majority approval and the Effective Date (the "Transition Period"), any new or renewed transit-related contract, lease or contractual obligation that requires a significant financial commitment extending beyond the Effective Date shah require the approval of the Region. (n) (o) Handi Transit Inc. shall be dissolved prior to the Effective Date in order to facilitate the transfer of transit-related assets to the Region. During the Transition Period, the Region and the lower-tier municipalities shall negotiate and enter into agreements for the transfer of all assets, liabilities and personnel on terms that are consistent with this by-law. Any matters not agreed to within three (3) months of the Effective Date may, at 52 the request of the Region or a lower-tier municipality, be determined by arbitration under the provisions of the Ontario Arbitrations Act,. Surplus Assets (P) Any real property acquired by the Region from a lower-tier municipality pursuant to clause 2(d) of this by-law and deemed surplus for transit purposes shall be returned to the lower-tier municipality from which it was transferred at no cost. BY-LAW read a first time this 15th day of December, 2004. BY-LAW read a second time this 15th day of December, 2004. BY-LAW read a third time and finally passed this 15th day of December, 2004. Roge¢ Anderson, Regional Chair P.M. Madill, Regional Clerk The Regional Munidipality of Durham Januaw 6,2005 Mayor David Ryan City of Pickering I The Esplanade Pickering, ON L1V 6K7 Dear Mayor Ryan: Re: Regional Transit Office of the Regional Chair 605 ROSSLAND ROAD E. PO BOX 623 WHITBY Ok! L1N 6A3 CANADA 905-668-7'711 1-800-372-1102 Fax: 905-668-1567 Email? roger, anderson@ region ,durham;on.ca www. reg~or~.durham.on.ca Roger M. Anderson Regional Chair "Sar[lice Excellence Cot oDr'.Comrnt~itie$" I am writing to confirm the intention of Regional Transit By-Law No. 85-2004 with specific reference to the City of Pickering Operations Centre located at 2570 Tillings Road. First, the by-law is only intended to apply to assets or'those parts of joint-use assets' that are used for transit-related purposes. Therefore, in the case of the Operations Centre, the interition is that only that portion of the facility that is used to park/store buses (approximately 30% of the overall 'facility) would continue to be used by the Region for transit purposes. Second, it is intended that the specific terms of the. transfer of any.'jo!nt;use.asset would be negotiated with each lower-tier municipality (see 'clause 2(o) of the by-law) after the by-law has received the necessary triple majority approval. This reflects the fact that it v~as simply not possible to inventory and evaluate all joint-use assets (like the Operations Centre) in every lower-tier municipality and determine how such assets or parts of such assets could be transferred withoUt extensive and detailed discussions with all affected parties. Third, the by-law was structured to ensure that all transit-related assets and liabilities of all eight Iower,tier municipalities would be' dealt with in an equitable and consistent manner. F. urther, the terms that we discussed for the use of the tranSit portion of the Operations Centre (i.e. $2.00 per year for a m~nimum of 10 years, with the Region assuming its share of the occupancy coSts), seem reasonable. Assuming that the Transit Byqaw receives a triple majority approval, Regional staff would finalize these terms with your staff, together with any other related matters, as per clause 2(o) of the. by-law. At that point, Regional Council would be in a position to consider that.such terms be incorporated intc~ the Region's agreement with the City. I hope this helps clarify matters. Yours truly, Regional Chair C: Messrs. G. Cubitt; A. Georgieff 10094 Past Consumer RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY Pursuant to Section 42 of By-law Number 3665191 (Procedural By- law), at the Council Meeting of December 20, 2004, Councillor Johnson, gave notice to reconsider the motion to refer the resolution below to the 2005 Budget Meeting. In order for the quotation to purchase a Telescopic Boom Excavator to be adopted, the following motions must be considered: That Resolution #170104(a) passed on December 20, 2004 to refer the motion to purchase a Telescopic Boom Excavator to the 2005 Budget Meeting be reconsidered. (This motion should be passed) That Resolution #170104 to purchase a Telescopic Boom Excavator be referred to the 2005 Budget Meeting. (This motion should be defeated) The following resolution can now be considered: 1. That Report OES 39-04 regarding the supply and delivery of a Telescopic Boom Excavator be received; and 2. That Quotation No. Q-41-2004 submitted by Strongco Equipment for the supply and delivery of a Badger Model 460 Telescopic Boom Excavator with the specified attachments in the amount of $294,662 (GST and PST extra) be accepted; and 3. That the total purehase cost of $338,861.30 and a net purchase cost of $318,234.96 including specified attachments for the equipment be appreved; and 4. That the total revised funding of $318,234.96 with $255,000 of five year debt as provided for in the 2004 Capital Budget and an additional $63,000 in a five year internal loan and $235 from current funds be approved; and 5. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt; and a) That debt financing through the Region of Durham in the amount of $255,000 for a period not exceeding 5 yeare, at a rate to be determined be approved; and b) That financing and repayment charges in the amount of $58,900 be included in the annual current budget for the City of Pickering commencing in 2005 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment there of falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2004 as established by the Province for Municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 6. That staff at The City of Pickering be given the authority to give effect hereto. 55 PICKERING REPORT TO COUNCIL Report Number: OES 39-04 Date: December 2, 2004 From: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Supply and Delivery of One Telescopic Boom Excavator Q-41-2004 Recommendation: 1. That Report OES 39-04 regarding the supply and delivery of a Telescopic Boom Excavator be received and that; 2. Quotation No. Q-41-2004 submitted by Strongco Equipment for the supply and delivery of a Badger Model 460 Telescopic Boom Excavator with the specified attachments in the amount of $294,662 (GST and PST extra) be accepted; 3. The total purchase cost of $338,861.30 and a net purchase cost of $318,234.96 including specified attachments for the equipment be approved; Total revised funding of $318,234.96 with $255,000 of five year debt as provided for in the 2004 Capital Budget and an additional $63,000 in a five year internal loan and $235 from current funds be approved; and 5. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt. a) Debt financing through Region of Durham in the amount of $255,000 for a period not exceeding 5 years, at a rate to be determined be approved; b) Financing and repayment chargeS in the amount of $58,900 be included in the annual current budget for the City of Pickering commencing in 2005 and continuing thereafter until the loan is repaid; and c) The Director, Corporate Services & Treasurer has certified that this loan and the repayment there of falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2004 as established by the Province for Municipalities in Ontario; and d) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 6. Staff at The City of Pickering be given the authority to give effect hereto. Report Subject OES 39-04 Date: December 2, 2004 Supply and Delivery of One Telescopic Boom Excavator Page 2 Q 41-2004 5? Executive Summary: The purchase of a Telescopic Boom Excavator has been identified and approved in the 2004 Capital Budget. This machine will replace Municipal Property & Engineering Division's existing unit number 110, a 1989 Badger 460. The Hydroscopic Boom Excavator is an integral piece of heavy equipment capable of performing a variety of tasks. Curb and sidewalk construction and repair, ditching to address standing water concerns, as well as trenching and excavating are jobs performed with this versatile piece of equipment. Supply & Services invited two (2) vendors to participate in the bidding process. Upon careful examination of all quotations received by Supply & Services as well as extensive field evaluation and testing, the Municipal Property & Engineering Division recommends acceptance of the low bid submitted by Strongco Equipment in the amount of $294,662.00 (GST and PST extra), and that the total net purchase cost of $318,234.96 be approved. Financial Implications: 1. Source of Funds: Account 2004 Capital Budget 2320/6178 Telescopic Boom Excavator -5 year debt 5-year Internal Loan Current Funds Proiect Code 04-2320-004-00 Amount $255,000 $ 63,000 $ 235 $318,235 2. Estimated Project Costing Summary Q-41-2004 Telescopic Boom Excavator Air-conditioning tax Trade in credit for Unit 110 Sub Total. G.S.T. P.S.T. Total Purchase Cost G.S.T. Rebate Net Purchase Cost $314,562.00 $1oo.oo ($2o,ooo.oo) $294,662.OO $20,626.34 $23,572.96 $338,861.30) ($20,626.34) $318,234.96 CORP0227-07/01 Report Subject OES 39-04 Date: December 2, 2004 Supply and Delivery of One Telescopic Boom Excavator Page 3 Q 41-2004 Purchase Cost (Under) Over Approved Funds $63,235 Note, the overexpenditure is understated due to the GST 3% rebate savings that was already captured in the 2004 Current Budget. The Director, Corporate Services & Treasurer has reviewed the budgetary implications and has provided the recommendations for the financing of the expenditures contained in this report. This overexpenditure is due to increasing costs for such specialized equipment and the fact that the City has not acquired such equipment for several years resulting in the use of an obsolete estimate for budget purposes. Background The hydroscopic boom excavator is one of the most versatile and integral pieces of equipment within the Municipal Operation's fleet. As one of the City's largest unit, it is used for rural road maintenance (ditching and culvert replacements/installations), sidewalk removals, excavating, catch basin repairs, playground replacement and many other key operating functions. In 2004, one of the City's two 460 Badgers, unit 110, was identified for replacement. The replacement of this important unit required a detailed and comprehensive process to ensure the City of Pickering acquired the right piece of equipment at a market competitive price. The process began with Fleet Operations, in conjunction with Supply & Services initiating a technical review of equipment related to need. Two vendors, Strongco Equipment and Amaco Construction Equipment Company, provided technical information, which included load and safety specifications for a Badger Model 460 and a Gradall Model 4100 respectively. From there, equipped with a prepared set standard criteria developed for evaluation purposes, key staff attended an operations demonstration. This demonstration afforded City of Pickering staff an opportunity to test and evaluate the equipment's capabilities using the pre-determined criteria. Some of the tests included placing the equipment in situations that reflect "real-life" scenarios. Lifting, digging, grading and maneuvering operations were trialed and evaluated in order to assess performance. In addition, other "like" organizations (private and public) were consulted about their experiences with the equipment in order to add yet another level of information, to best assess the equipment and put the municipality in a better position to make an informed decision. After each case and after every session, a findings brief was prepared for the file. Once the initial assessment was completed and a determination was made of the most suitable specifications, Quotation Q-41-2004 was developed and released by the Corporation to the two vendors that participated in the initial examination. The result of this extensive process was that the preferred excavator and vendor, based on price, CORP0227-07/01 Report OES 39-04 Date: December 2, 2004 Subject Supply and Delivery of One Telescopic Boom Excavator Page 4 Q 41-2004 59 was a Badger Model 460 distributed by Strongco Equipment. At $294,662.00 excluding applicable taxes, it represents the best value for the Corporation. The total net cost of approximately $318,235 is $63,235 over the amount provided for in the 2004 budget which will be financed through a combination of internal loans and currents funds. Attachments: 1. Memo from Supply & Services dated October 19, 2004 Prepared By: -'Giant Smith Supervet, Fleet~~-~'~//l ~i~' Operations Vera Felge/~acher Manager, Supply & Services ~d(Acting) Chief Administ ElraYti:v~Officer Ric/~a~rd W. H~O'orn, P. Eng. ~'vision Head {Municipal Property & Engineering RH/vn Attachments Copy: Chief Administrative Officer R.ecom. men .d. ed..~or-f~o nsi~t,o n of CORP0227-07/01 Gillis A. Paterson Director, Corporate Services & Treasurer 8O CORPORATE SERVICES DEPARTMENT MEMORANDUM c;¢-T 1 2004 CITY OF PiCKERING MUNICIPAL PROPERTY & ENGINEERING October 19, 2004 To: Richard Holborn Division Head, Municipal Property & Engineering From: Bob Kuzma Purchasing Analyst Subject: Q-41-2004- Hydroscopic Excavator Closing: Friday, October 15, 2004, 12:00 Noon During and subsequent to Quotation No. Q-27-2004, Supply & Services and Fleet Operations conducted equipment demonstrations on telescopic/hydraulic boom excavators. Upon review of the equipment performance and capabilities, two manufacturer brands, Gradall Model 4100 II and Badger Model 460 were deemed capable of providing an excavator for the City's requirements. Due to the identification of a specific manufacturer model and the inclusion for an optional provision to trade in the existing excavator in an effort to reduce the capital cost, Quotation No. Q-41-2004 was developed and released based on the revised specifications. In conformance to the Ontario/Quebec Trade Agreement, an advertisement was placed on the City's website to ensure competition was maintained. Quotations were invited from two manufacturer distributors, Strongco Equipment and Amaco Construction Equipment Company, both have confirmed their designated distributorship in Ontario. Bidders have acknowledged Addendum #1 and have enclosed all information requested including a list and prices of optional equipment and a statement regarding after-sales support. Copies of quotation documents are attached. Quotations shall be irrevocable for 60 days after the official closing date and ti~e. Please review information provided and advise if the Iow bid submitted by Stongco Equipment is acceptable. In accordance with Purchasing Policy Item 04.05 revised, an award exceeding $79,626.00 is subject to Council approval. Richard Holborn October 19, 2004 Page 2 61 Include in your report to Council: 1. if reference information is acceptable 2. the appropriate account number(s) to which this work is to be charged and the budget amount(s) assigned thereto 3. Treasurer's confirmation of funding 4. related departmental approvals 5. any reason(s) why the Iow bid of Strongco Equipment is not acceptable, and 6. related comments specific to the project. Approved 2004 Capital Budqet Capital Project Debt- 5 Year Debt Code Financing Description 04-2320-004-00 $255,000.00 Hydroscopic Boom Excavator- Replace Unit # 110 Summary Company Equipment OPtional Cost Trade-In G.S.T. P.S.T. Total Offered Strongco Equipment $314,662.00 ($20,000.00) 20,626.34 23,572.96 $338,861.30 Amaco Construction $325,100.00 ($3,500.00) 22,512.00 25,728.00 $369,840.00 Equipment bk/ Attachments Please do not disclose pricing to enquiring bidders. Bidders will be advised of the outcome. Subject to COuncil approval, an approved"on-~m~" ~" requisition will also be required to proceed. If you require further information, please feel free to contact me. /B. Ku'Z'~rrna j'~' 6£ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6433/05 Being a By-law to dedicate Block 114, Plan 40M-1473, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 114, Plan 40M-1473, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 114, Plan 40M-1473, Pickering is hereby dedicated as public highway (Rosebank Road). BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6434,,/r9~ Being a By-law to assume the roads within Plans 40M-1472, 40M-1473 and 40M-1571 for public use as public highways and to assume the services within Plans 40M-1347, 40M-1472, 40M-1473 and 40M-1571 under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1472, 40M-1473 and 40M-1571; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, sections 30 and 31, a highway is owned by the municipality having jurisdiction over it and a municipality may by By-law assume highways owned by it for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto~ or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to or owned by the City within Plans 40M-1347, 40M-1472, 40M-1473 (save and except Block 113) and 40M-1571 (save and except Blocks 155, 160, 161, 162 and 163), or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Picketing The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to or owned by the City in Plans 40M-1347, 40M-1472, 40M-1473 (save and except Block 113) and 40M-1571 (save and except Blocks 155, 160, 161,162 and 163), or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Amberlea Road, Boyne Court, Eramosa Crescent and Saugeen Drive, Plan 40M-1472; · Amberlea Road, Montclair Lane, Napanee Road, Otonabee Drive, Saugeen Drive and Sturgeon Court, Plan 40M-1473; and · Atwood Crescent, Gallant Court, Layton Court, Callahan Street and Engel Court, Plan 40M-1571, BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk 6.3 THE CORPORATION OF THE CITY Of PICKERING BY-LAW NO. 6435/05 Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) Amberlea Road, Boyne Court, Eramosa Crescent and Saugeen Drive, Plan 40M-1472; and (b) Amberlea Road, Montclair Lane, Napanee Road, Otonabee Drive, Saugeen Drive and Sturgeon Court, Plan 40M-1473; and (c) Atwood Crescent, Gallant Court, Layton Court, Callahan Street and Engel Court, Plan 40M-1571, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6436/05 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1347, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated March 4, 1985, Notice of which was registered as Instrument No. LT231960, respecting the development of Plan 40M-1347, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement has been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated Mamh 4, 1985, Notice of which was registered as Instrument No. LT231960 between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1347, Pickering. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6437./,05 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1472, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated February 2, 1987, Notice of which was registered as Instrument No. LT335602, respecting the development of Plan 40M-1472, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement has been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated February 2, 1987, Notice of which was registered as Instrument No. LT335602 between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1472, Pickering. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6438/05 Being a By-law to authorize the release and removal from title of the Agreements relating to the development of Plan 40M-1473, Pickering and those parts of Lot 30, Concession 1, Pickering, being Parts 1, 2, 3, 4, 5, and 8, Plan 40R-11443. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated February 2, 1987, Notice of which was registered as Instrument No. LT335613, respecting the development of Plan 40M-1473, Pickering; and WHEREAS on August 2, 1988 the City of Pickering and Bramalea Limited entered into a secondary Subdivision Agreement to deal with the development of Blocks 106 and 107 within Plan 40M-1473, in conjunction with those parts of Lot 30, Concession 1, Pickering, designated as Parts 1, 2, 3, and 8, Plan 40R-11443. That Agreement was registered as Instrument Nos. LT427556 and D300976; and WHEREAS on August 2, 1988, Subdivision Agreement registered as Instrument No. LT335613 was amended to deal with the development of Blocks 111 and 112, Plan 40M-1473 in conjunction with those parts of Lot 30, Concession 1, Pickering, designated as Parts 4 and 5, Plan 40R-11443. That Agreement was registered as Instrument Nos. LT427565 and D300977; and WHEREAS on June 25, 1990, Subdivision Agreement registered as Instrument No. LT335613 was further amended to remove Block 113 from it and provide for the development of Block 113 with Plan 40M-1651. That Agreement was registered as Instrument LT516066; and WHEREAS the terms and conditions of the original and secondary Subdivision Agreement and the amendments thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of: (a) Subdivision Agreement, Notice of which was registered as Instrument No. LT335613; (b) Subdivision Agreement, Notice of which was registered as Instrument Nos. LT427556 and D300976; (c) Amending Subdivision Agreement, Notice of which was registered as Instrument No. as Instrument Nos. LT427565 and D300977; and (d) Amending Subdivision Agreement, Notice of which was registered as Instrument LT516066, each between The Corporation of the City of Pickering and Bramalea Limited, respecting the development of Plan 40M-1473 and adjacent lands. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6439/05 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1571, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated April 18, 1988, Notice of which was registered as Instrument No. LT426682, respecting the development of Plan 40M-1571, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement has been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated April 18, 1988, Notice of which was registered as Instrument No. LT426682 between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1571 Pickering. BY-LAW read a first, second and third time and finally 3assed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6M.0/05 Being a By-law to dedicate Block 139, Plan 40M-1418, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 139, Plan 40M-1418, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 139, Plan 40M-1418, Pickering is hereby dedicated as public highway (Rosebank Road). BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6441/05 Being a By-law to dedicate Block 88, Plan 40M-1419, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 88, Plan 40M-1419, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 88, Plan 40M-1419, Pickering is hereby dedicated as public highway (Rosebank Road). BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6442/05 Being a By-law to assume the roads as public highways and the services within Plan 40M-1254 (save and except Blocks 20 to 27, inclusive), Plan 40M-1418 (save and except Blocks 137, 138 and 141) and Plan 40M-1419 (save and except Blocks 86 and 89), under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1254, 40M-1418 and 40M-1419; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, sections 30 and 31, a highWay is owned by the municipality having jurisdiction over it and a municipality may by By-law assume highways owned by it for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to or owned by the City within Plan 40M-1254 (save and except Blocks 20 to 27, inclusive), Plan 40M-1418 (save and except Blocks 137, 138 and 141), and Plan 40M-1419 (save and except Blocks 86 and 89), or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to or owned by the City in Plan 40M-1254 (save and except Blocks 20 to 27, inclusive), Plan 40M-1418 (save and except Blocks 137, 138 and 141) and Plan 40M-1419 (save and except Blocks 86 and 89), or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Alder Court, Foxwood Trail, Norfolk Square, Strouds Lane and Sultana Square, Plan 40M-1254 · Broadoak Crescent, Fernam Street, Post Drive and Strouds Lane, Plan 40M-1418 · Ashfield Court, Charnwood Court, Dencourt Drive and Fernam Street, Plan 40M-1419 BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6z~3/05 Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416182 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) (b) (c) Alder Court, Foxwood Trail, Norfolk Square, Strouds Lane and Sultana Square, Plan 40M-1254; Broadoak Crescent, Fernam Street, Post Drive and Strouds Lane, Plan 40M-1418; and Ashfield Court, Charnwood Court, Dencourt Drive and Femam Street, Plan 40M-1419, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6444/05 Being a By-law to authorize the release and removal of the Agreements relating to Plan 40M-1254, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated September 13, 1982, respecting the development of Plan 40M-1254, Notice of which was registered as Instrument No. LT158923; and WHEREAS that Subdivision Agreement was amended by a Development Agreement dealing with the development of Block 7, Plan 40M-1254, between The Corporation of the City of Pickering and Marshall Homes Corporation on September 22, 1998, Notice of which was registered as Instrument No. LT872184; and WHEREAS the terms and conditions of the Subdivision Agreement and Development Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated September 13, 1982, Notice of which was registered as Instrument No. LT158923 between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1254, Pickering; and The Mayor and Clerk hereby authorize the release and removal of the Development Agreement from title dated September 22, 1998, Notice of which was registered as Instrument No. LT872184, between Marshall Homes Corporation and The Corporation of the City of Picketing respecting the development of Block 7, Plan 40M-1254, Pickering. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6445/05 Being a By-law to authorize the release and removal of the Subdivision Agreement from the Lots and Blocks within Plan 40M-1418, Pickering, from title (save and except from Blocks 137 and 138). WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement relating to the development of Plan 40M-1418, dated September 13, 1982, Notice of which was registered as Instrument No. LT158923; and WHEREAS that Subdivision Agreement was amended on November 19, 1990, Notice of which was registered as Instrument No. LT529742; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated September 13, 1982, Notice of which was registered as Instrument No. LT158923 (save and except from Blocks 137 and 138); and (b) the amending Subdivision Agreement dated November 19, 1990, Notice of which was registered as Instrument No. LT529742, between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1418, Pickering. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6446/05 Being a By-law to authorize the release and removal of the Subdivision Agreement from the Lots and Blocks within Plan 40M-1419, Pickering, from title (save and except from Block 86). WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated September 13, 1982, Notice of which was registered as Instrument No. LT158923, respecting the development of Plan 40M-1419, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title as it relates to Lots 1 to 85 and Blocks 87, 88 and 90, dated September 13, 1982, Notice of which was registered as Instrument No. LT158923 between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1419, Pickering. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM December 20, 2004 To: Bruce Taylor City Clerk From: Subject: Denise Bye Coordinator, Property & Development Services Request for Road Dedication By-Law Those parts of Lots 15 and 17, Registrar's Compiled Plan No. 1051, Pickering, designated as Parts 1 and 2, Plan 40R-10267 File: Roadded.445 The above-noted lands were conveyed to the City in order to control the development of the adjacent lands. As the adjacent lands have now been developed and the road lying between the two reserves has been constructed to standards satisfactory to permit public access, a By-law should be enacted to dedicate them as public highway. Attached hereto is a location map and By-law for the consideration of City Council at its meeting scheduled for January 17, 2005. DB:bg Attachments Copy: Denise Bye ! Director, Planning & Development Division Head, Municipal Property & Engineering Supervisor, Development Control THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6447/05 Being a By-law to dedicate those parts of Lots 15 and 17, Registrar's Compiled Plan No. 1051, Pickering, designated as Parts 1 and 2, Plan 40R-10267 as public highway (Heathside Crescent). WHEREAS The Corporation of the City of Pickering is the owner of those parts of Lots 15 and 17, Registrar's Compiled Plan No. 1051, Pickering, designated as Parts 1 and 2, Plan 40R-10267 and wishes to dedicate them as public highway. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Those parts of Lots 15 and 17, Registrar's Compiled Plan No. 1051, Pickering, designated as Parts 1 and 2, Plan 40R-10267 are hereby dedicated as public highway (Heathside Crescent). BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk Roadded, 445 77 ?8 ~ I If I---~ ::::;u ..--"% SQUARE < ~ ,,, r.,- ~ ~ :> PART 1 _ o~ I ~-- ~~.--~'HONE~D :~ART 2 -. ~ l~- o ~ ~ fill- o, ~ ~ ~, ~k>ZkL_..._:- I ,,<:, wz --___~ ROWNTREE ;CENT ~,,~& B IECT -- o . ~--- o II ~- ~?'/'/7'TTr~ '< I I ' -r -- /J / J L_,-- I ~ I'"' I z°---~-.~- ----"=~ ".., \ ~_ ~ -----,,, ~r--..~ '-.LLW_ ~ J_ ~ ..... IIIIII %,'~-I o L City of Pickering Planning & Development Department PROPERTY DESCRIPTION PT. LOTS. 15 & 17, R.O.P. NO 10,51, DES. AS PTS 1 & 2, PLAN 40R-10267 OWNER CITY OF PICKERING DATE OCT. 5, 2004 DRAWN BY ,.lB FILE No. ROADBED. 445 SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT use ONLY PN-12 PA- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO,. 6448/05. Being a By-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. WHEREAS, By-law 2359/87, as amended, provides for the regulating of parking, standing and stopping on highways or parts of'highways under the jurisdiction of the City of Pickering and on private and municipal property; and WHEREAS, it is deemed expedient to amend By-law 2359/87 to establish "no parking" zones along Begley Street and Tanzer Court; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Schedule B to By-Law 2359/87, as amended, is hereby further amended thereto by the following: Hi,qhway Side Between / And Prohibited times and days ADD Begley. Street East Bayly Street to See Note 1 Tanzer Court Tanzer Court North Bayly Street to See Note 1 Wayfarer Lane Tanzer Court South Begley Street to See Note 1 Albacore Manor This By-Law shall come into fome on the date that it is approved by the Council of The City of Pickering and when signs to the effect are erected. BY-LAW read a first, second and third time and finally passed this 17 day of January 2005. David Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6449/05 Being a By-law to amend By-taw 2359/87 providing for the regulating cf parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. WHEREAS, By-law 2359/87, as amended, provides for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property; and WHEREAS, it is deemed expedient to amend By-law 2359/87 to establish "no stopping" zones along a section of Glengrove Road. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule A to By-Law 2359/87, as amended, is hereby further amended by adding the following item: Highway Side Between/And Prohibited times and days Glengrove Road South Glenview Road and 130 m west of Glenview Road. 7:30 am to 9:00 am and from 3:00 pm to 4:30 pm Monday to Friday. BY-LAW read a first, second and third time and finally passed this 17 th day of January Dave Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6,~50/05 Being a by-law to amend by-law 2632~88 to provide for erecting of Stop signs at certain intersections within the City of Pickering WHEREAS, Pursuant to section 27(1) of the Municipal Act 2001, S.O. 2001, c.25 as amended, the council of the Corporation of the City of Pickering may by by-law provide for the erection of stop signs at the intersections on highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Stop signs shall be erected at the intersection of highways set out in Column I of Schedule A attached hereto, facing the traffic bound in the directions set out in Column II of the Schedule. Schedule A to By-law 2632/88, as amended, is hereby further amended by adding hereto the following items: Column I Column II Intersections Facinq Traffic Clements Road and Copperstone Drive Southbound on Copperstone Drive , BY-LAW read a first, second and third time and finally passed this 17 th day of January, 2005. Dave Ryan, Mayor Bruce Taylor, City Clerk 81 82 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6451/05 Being a by-law for the collection of taxes and to establish the installment due dates for the Interim Levy 2005. WHEREAS Section 317, of the Municipal Act, 2001, S.O.2001, c.25, as amended, provides that the council of a local municipality may, before the adoption of the estimates for the year, pass a By-law levying amounts on the assessment of property, in the local municipality ratable for local municipality purposes; and WHEREAS, the Council of the Corporation of the City of Pickering deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The amounts levied shall be as follows: a. For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2004. o b. For the multi-residential, commercial and industrial property classes there shall be imposed and collected an interim' levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2004. For the payment-in-lieu property classes, there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and where applicable for school purposes, in the year 2004. For the purposes of calculating the total amount of taxes for the year 2005 under paragraph one, if any taxes for municipal and school purposes were levied on a property for only part of 2004 because assessment was added to the collector's roll during 2004, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. The provision of this By-law apply in the event that assessment is added for the year 2005 to the collector's roll after the date this By-law is passed and an interim levy shall be imposed and collected. Taxes shall be payable to the Treasurer, City of Pickering. When not in default, the payment of taxes, or any installment thereof, may also be made at any financial institution permitted by Section 346 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended. The Treasurer may mail, or cause to be mailed, all notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S.O.c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from tenants or other persons. 10. 11. 12. 13. The Treasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (1) and (2) of the Municipal Act 2001, S.C.c.25 as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipal Act 2001, S.C.c.25, as amended. The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2005 taxes, one notice being an INTERIM notice, with two installments under the provisions of Section 342 of the Municipal Act 2001, S.C. 2001, c.25 as amended, as follows: INTERIM Tax Notice Due date of the first installment February 25, 2005 Due date of the second installment April 28, 2005; adjusted by the Director, Corporate Services & Treasurer. or either date Except in the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c. A31, as amended, the late payment charge of one and one-quarter percent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax or assessment, rent or rate of any installment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.C.c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or installments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.C.c.25 as amended. In the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, the late payment charge of one and. one-quarter percent for non payment of taxes and monies payable as taxes shall be added as a penalty to every tax so payable remaining unpaid on the first day after twenty-one days from the date of mailing by the Treasurer of a demand for payment thereof and on the first day of each calendar month thereafter in which default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.C.c.25 as amended. It shall be the duty of the Treasurer immediately after the expiration of the said twenty-one days to collect at once by distress or otherwise under the provisions of the applicable statutes, all such taxes as shall not have been paid on or before the expiration of the said twenty-one day period, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.C.c.25 as amended. Nothing herein contained shall prevent the Treasurer from proceeding at any time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and By-laws governing the collection of taxes. Where tenants of land owned by the Crown or in which the Crown has an interest are liable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than thirty days, such employer shall pay over to the Treasurer on demand out of any wages, salary or other remuneration due to such employee, the amount then payable for taxes under this By-law and such payment shall relieve the employer from any liability to the employee for the amount so paid. 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. 14. That this By-law is to come into effect on the 1st day of January, 2005. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY 1. That Report CS 04-05 regarding Council compensation, be received; and 2. That the draft by-law to adopt various amendments respecting Council compensation and benefits, be enacted; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. REPORT TO COUNCIL Report Number: CS 04-05 Date: January 6, 2005 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Council Compensation Recommendation: 1. That Report CS 04-05 regarding Council compensation be received. 2. That the draft by-law to adopt various amendments respecting Council compensation and benefits be enacted. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: To implement various adjustments respecting Council compensation and benefits. Financial Implications: See Background Background: Please find attached to this Report a draft by-law to implement various adjustments respecting Council compensation and benefits. The only changes that have been made respecting Council compensation and benefits are as follows: The salary of the Mayor will increase from $60,000 to $63,654 effective January 1, 2005 to reflect the same increases given to both Union and Non-Union staff within the past year. · The salary of the Councillors will increase from $25,000 to $26,523 effective January 1, 2005, again to reflect the same increases given to all staff within the past year. · Per diem payments will be made monthly. Report CS 04-05 Council Compensation January 6, 2005 Page 2 The daily allowance for expenses incurred at conventions has increased from $50 to $60 per day. For Members who have completed 15 years of continuous service and cease to be a Member, extended health, dental and vision benefits will continue until the Member attains age 70, previous this was age 65. The cost of this extension is $564 annually for each Member that would be eligible for this benefit. The attached draft by-law also continues to deem one-third of Council's remuneration as expenses. It is important to note that Members of Council have not received an increase in their salary since 2001. The increase provided for in the attached draft by-law reflect the same increases provided to all City staff of 3% in 2004 and 3% in 2005. Attachments: 1. Draft by-law Prepared~/- ,~? Bruce Taylor City Clerk Attachment Copy: Chief Administrative Officer (Acting) Chief Administrative Officer CORP0227-07/01 88 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6452/0 4 Being a by-law respecting Council salaries, benefits, allowances and communications. WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, allows for the payment of remuneration and expenses to Members of Council and local boards, including the option to provide that one-third of the taxable remuneration and expenses be deemed as expenses incident to the discharge of their duties for income tax purposes; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Section 2 of By-law Number 5999102 is hereby deleted and the following is substituted therefore: (a) (b) The remuneration payable to the Mayor shall be $63,654.00. Commencing on January 1, 2006 and on every January 1st thereafter, the annual salary of the Mayor shall be increased at the same rate/percentage provided to those employees covered by the Collective Agreement for CUPE Local 129 on Apdl 1st of the immediate preceding year. Section 3 of By-law Number 599g/02 is hereby deleted and the following i's substituted therefore: d (a) (b) The remuneration payable to a Councillor shall be $26,523. Commencing on January 1, 2006 and on every January 1st thereafter, the annual salary of a Councillor shall be increased at the same rate/percentage provided to those employees covered by the Collective Agreement for CUPE Local 129 on April 1st of the immediate preceding year Section 4 of By-law 5999/02 is hereby deleted and the following is substituted therefore: 4. (a) A Councillor shall be paid a per diem rate of 1.0% of their annual salary for a total of ten days for attending a full day meeting, workshop, seminar or convention. (b) Per diem payments payable to Councillors shall be paid monthly. Per diem payments shall cease on the last day that the Councillors remains in office and shall be pro-rated accordingly. The daily allowance for expenses incurred at conventions shall be $60.00 per day. ATTACHHENT# /,,, TOBEPOB,T# ~'~' c:":'"- cs"-- Section 7(a) of By-law Number 5999/02 is hereby deleted and the following is substituted therefore: 7. (a) For Members who have completed fifteen years of continuous service and cease to be a Member for the reasons set out in Section 6(a)(I to v), the Corporation shall pay 100% of the premium cost of the Extended Health, Dental and Vision Care Benefit Plans until the Member attains age 70. That one-third of the remuneration paid to Members of Council and local boards of the municipality is deemed as expenses incident to the discharge of their duties as Members of Council or the local board. 7. This by-law shall take effect on January 1, 2005. BY-LAW read a first, second and third time and finally passed this 17th day of January, 2005. David Ryan, Mayor Bruce Taylor, Clerk NOTICE OF MOTION DATE: JANUARY 17, 2005 MOVED BY: COUNCILLOR DICKERSON SECONDED BY: COUNCILLOR JOHNSON WHEREAS the City of Pickering depends on the contribution of many volunteers to ensure quality of life for all its citizens; and WHEREAS the Government of Canada recognizes veterans as all former members of the Canadian Forces who meet the military's professional occupation requirements and have been released with an honourable discharge. This definition includes reserves, those who have served on domestic duty and those who have served in "Special Duty Area" (e.g. peacekeeping assignments; and WHEREAS the City of Pickering salutes its veterans, both living and deceased, each November 11th in a Remembrance Day Ceremony; and WHERREAS the City of Pickering ought to have a policy of naming streets in memory and in honour of war veterans; and WHEREAS those honoured through the street naming process should be those men and women who voluntarily enlisted with Canada's military forces and served overseas in active duty during the Boer War, Wodd War 1, World War 2, the Korean conflict and the Crimean War and those who lost their lives in any peacekeeping action initiated by the United Nations or NATO in which Canadian forces played an active military role (e.g. Afghanistan); and WHEREAS the war veterans to be recognized in this program would be those who were residents of Pickering at the time of their enlistment; NOW THEREFORE BE IT RESOLVED THAT the policy of naming streets in memory and in honour of was veterans be instituted as a public acknowledgement of Pickering's truly "Ultimate Volunteers" based on the following cdteria wherever possible: a) b) c) Killed or missing in action be honoured first, Veterans who have passed away; Veterans still living be so honoured next. FURTHER THAT all streets named in honour of veterans be identified with street signs displaying a poppy; and FURTHER THAT Royal Canadian Legion Branches 606 Pickering and 483 Claremont be invited to assist with research of veteran's names. CARRIED: Btaylor:Notices of Motion:Street Names re Veterans MAYOR 9£ Cit o4 NOTICE OF MOTION DATE: JANUARY 17, 2005 MOVED BY: COUNCILLOR MCLEAN SECONDED BY: COUNCILLOR DICKERSON WHEREAS various businesses have been using seamh lights as an advertising method to attract customers; and WHEREAS seamh lights tend to cause a nuisance to residents that live close to such seamh lights; and WHEREAS other forms of advertising through illuminated pylon signs, billboard signs and wall signs are strictly regulated through the City's Sign By-law; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby directs staff to prepare a by-law that will restrict the use of search lights in a manner that they will not cause a nuisance to residents or local businesses. CARRIED: Btaylor:Notices of Motion:Search Lights MAYOR 95 NOTICE OF MOTION DATE: JANUARY 17, 2005 MOVED BY: COUNCILLORASHE SECONDED BY: COUNCILLOR MCLEAN Whereas many volunteer Fire Departments in Ontario are strengthened by the service of "Double Hatters" fire fighters who work as professional, full-time fighters and also serve as volunteer fire fighters on their free time and in their home communities; and Whereas the Ontado Professional Fire Fighters Association has declared their intent to "phase out" these "Double Hatters" firefighters; and Whereas "Double Hatters" are being threatened by the union leadership and forced to resign as volunteer fire fighters or face losing their full-time jobs and this is weakening volunteer fire departments in Ontario; and Whereas a Private Members Bill (Bill 52), being the Volunteer Fire Fighters Employment Protection Act, has been introduced that would uphold the right to volunteer and solve this problem concerning public safety in Ontario; and Whereas over 100 Ontario municipalities have passed resolutions in support of "Double Hatters", and Whereas Association of Municipalities of Ontado President Roger Anderson stated in his inaugural address AMO's commitment to "fight the rights of double hatters fire fighters to exercise free choice in their free time"; NOW THEREFORE BE IT RESOLVED that the City of Pickering urge the Government of Ontario to express public support of Bill 52 and a willingness to pass it into law or introduce similar legislation that protects the rights of fire fighters to volunteer in their home communities on their free time, and FURTHER THAT a copy of this resolution be forwarded to the following: · Premier of Ontario · Minister of Public Safety · WayneArthurs MPP · Leader of the Official Opposition · Leader of the NDP Party · AMO · Durham Municipalities CARRIED: Btaylor:Notices of Motion:Bill 52 Volunteer Fire Fighters MAYOR