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December 19, 2005
Council Meeting Agenda Monday, December 19, 2005 Council Chambers 7:30 pm I) II) III) IV) 1. v) vi) vii) 1. INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. DISCLOSURE OF INTEREST ADOPTION OF MINUTES Regular Council Meeting of December 5, 2005 PRESENTATIONS Adopt-A-Park Ceremony Clarica Community Awareness of Cultural Celebrations in 2006 Pickerin.q Advisory Committee on Race Relations & Equity DELEGATIONS Ms. Angle Littlefield Durham West Arts Centre Re: Fundin.q for a Permanent Arts Centre John Sabean Heritage Pickering Re: Notice of Motion concerning Designation of Tullis Cottage and Ever Green Villa CORRESPONDENCE REPORTS Executive Committee Report EC 2005-17 PAGE 1-14 PAGE 15-20 -1- Council Meeting Agenda Monday, December 19, 2005 Council Chambers 7:30 pm 1. mx) MOTIONS 2006 United Way Grant At the September 19, 2005 meeting of Council the United Way addressed Council with respect to the 2005/2006 United Way Campaign. As per past practice, a resolution is presented to Council in order to ensure the grant is included within the 2006 Current Budget. The following is presented for approval and inclusion in the 2006 budget. "That a grant in the amount of $90,832. be allocated in the Current Budget for the year 2006 in support of the Ajax/Pickering/Uxbridge United Way; That this grant be based on a per household grant of $3.19 with a total number of households of 28,474; and That this grant be allocated in Account 2195 (Grants to Organizations & Individuals)." BY-LAWS By-law 6602~05 Being a by-law to further amend by-law 2632/88 to provide for erecting of Stop Signs at certain intersections within the City of Pickering. [Report OES 41-05] By-law 6603/05 Being a by-law to provide for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering. [Report PD 41-05] By-law 6604/05 Being a by-law to regulate traffic and parking on highways, private property and municipal property within the City of Pickering. [Report CS 94-05] -2- PAGE 21 22-41 42-51 Council Meeting Agenda Monday, December 19, 2005 Council Chambers 7:30 pm x) By-law 6605/051 Being a by-law to provide for Civil Mardage Services to be offered by the City of Pickering. [Report CS 96-05] By-law 6606~05 Being a by-law to amend By-law Number 6519/05 to confirm General Municipal Fees and Charges pursuant to the Municipal Act, 2001. [Report PD 41-05] By-law 6607~05 Being a by-law to appoint persons as Lottery Licensing Officers for The Corporation of the City of Picketing. By-law 6608~05 Being a by-law to authorize the execution of a Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues. [Report CS 92-05] By-law 6609~05 Being a by-law to provide for the establishment of a Reserve Fund to be known as the Federal Gas Tax Reserve Fund. [Report CS 92-05] NOTICES OF MOTION Underserviced Area for Physicians Moved by Councillor Brenner Seconded by Councillor Dickerson WHEREAS the City of Pickering at their meeting held on April 14, 2003 hereby advised the Ministry of Health and Long Term Care of their request to be declared as underserviced in regards to the number of family physicians operating within the City of Pickering; 52 53-54 55 56-83 84 85 3 Council Meeting Agenda Monday, December 19, 2005 Council Chambers 7:30 pm Xl) Xll) BE IT THEREFORE RESOLVED that the Minister of Health, the Honourable G. Smitherman be requested to reverse the position of his Ministry that the City of Pickering not be designated as an underserviced area for physicians; and THEREFORE, that the Minister be requested to immediately review the situation to ensure that the City of Picketing be designated as an underserviced area for physicians. Desi.qnation of Tullis Cotta.qe and Ever Green Villa Moved by Councillor Pickles Seconded by Councillor Johnson WHEREAS the Tullis Cottage and Ever Green Villa are hereby deemed to be an important part of the heritage of the City of Picketing; WHEREAS, the Transport Canada Heritage Working Group has scored Tullis Cottage as a Group 1, which is defined as 'a structure that must be preserved at any cost'; WHEREAS the Transport Canada Heritage Working Group has not yet evaluated Ever Green Villa, however, its rating is anticipated to be re-evaluated from a Group 2, deemed to be 'structures of substantial architectural merit and cultural importance that should be preserved' to a Group 1 due to information that is now available on this heritage structure; and NOW THEREFORE, be it resolved that staff of the City of Picketing be directed to take the necessary action to formally designate Tullis Cottage and Ever Green Villa in accordance with the Ontario Heritage Act, including obtaining input from the Picketing Township Historical Society and Heritage Pickering. OTHER BUSINESS CONFIRMATION BY-LAW ADJOURNMENT 86 -4- Council Meeting Agenda Monday, December 19, 2005 Council Chambers 7:30 pm FOR INFORMATION ONLY Minutes of the Pickering Advisory Committee on Race Relations & Equity held on October 18, 2005 Minutes of the Taxicab Advisory Committee Meeting held on November 15, 2005 PAGE 87-90 9t-94 -5- Council Meeting Minutes Monday, December 5, 2005 7:30 pm OOi PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn N. Carroll G. Paterson D. Bentley D. Shields - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Deputy Clerk I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. II) ADOPTION OF MINUTES Moved by Councillor Johnson Seconded by Councillor Brenner Regular Council Meeting of November 21, 2005 CARRIED III) DELEGATIONS Steve Mahoney, Mahoney International, addressed Council concerning Pay Assurance. Mr. Mahoney noted that Pay Assurance is a program that tries to protect core infrastructure contractors by placing in subdivision agreements conditions that would secure payment to the contractor in case a developer did not pay. Council Meeting Minutes Monday, December 5, 2005 7:30 pm Discussion took place on the program and it was the consensus of Council that staff meet with representatives of the Pay Assurance program and report back to Council with information on how the program works and the affect it will have on the Municipality. Ryan Porter, Youth Transition Specialist, What's Next? - Transition Strategies, addressed Council requesting sponsorship and support for an educational event. The event is for grade 12 students and their parents and educators and will help change the way students and their advisors view and manage post-secondary careers and education choices. Ellen Adams, Rosebank Road Association Executive, addressed Council with respect to Report PD 44-05 of the Director, Panning & Development. Mrs. Adams reiterated what had happened to date with the planned development and noted that they had conducted another meeting and had came to a compromise on what the community, developer and staff wanted. Mrs. Adams thanked everyone involved for all the hard work that was completed to come to this agreement. Richard Weldon of Weldon Lands Inc., appeared before Council and thanked everyone involved in the process and noted that he was in support of the recommendations put forward by the Planning Department. CORRESPONDENCE (1) (2) CORR. 10-05 L. J. (JOE) DICKSON COUNCILLOR - WARD 2 Town of Ajax 65 Harwood Ave. S., Ajax Receive for Information Submitting a letter dated November 10, 2005 thanking Council for the continued efforts and leadership in Pickering and further congratulating Pickering on winning the waste reduction challenge. CORR. 11-05 PAUL JONES TOWN CLERK Town of Whitby 575 Rossland Rd. E., Whitby Motion for Direction Council Meeting Minutes Monday, December 5, 2005 7:30 pm v) Submitting for Council's consideration a copy of a resolution adopted by the Council of the Town of Whitby at their meeting held on November 14, 2005 with respect to Bill 169, an Act to amend the Highway Traffic Act. Resolution #210/05 Moved by Councillor McLean Seconded by Councillor Brenner That CORR. 10/05 from L. J. (Joe) Dickson, Councillor-Ward 2, Town of Ajax, be received for information. That CORR. 11-05 from Paul Jones, Town Clerk, Town of Whitby, be received for information. CARRIED REPORTS Executive Committee Report EC 2005-16 (2) Director, Planning & Development, Report PD 46-05 Zoning By-law Amendment Application A 20/05 Gabriela Kepinski 1895 Clements Road Part of Lot 17, B.F.C., Range 3 (Durham Condominium Plan 112, Level 1, Unit 161) City of Pickerinq COUNCIL DECISION That Zoning By-law Amendment Application A 20/05, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 46-05, to amend the existing zoning on the subject lands to add a body rub parlour as a permitted use on lands being Part of Lot 17, B.F.C. Range 3, (Durham Condominium Plan 112) City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 20/05, as set out in Appendix I to Report PD 46-05, be FORWARDED to City Council for enactment. 3 004 Council Meeting Minutes Monday, December 5, 2005 7:30 pm (3) Director, Corporate Services & Treasurer, Report CS 86-05 Cash Position Report as at September 30, 2005 COUNCIL DECISION That Report CS 86-05 from the Director, Corporate Services & Treasurer concerning the Cash Position Report as at September 30, 2005, be received for information. (4) Director, Corporate Services & Treasurer, Report CS 89-05 2006 Temporary Borrowinq By-law COUNCIL DECISION 1. That Report CS 89-05 from the Director, Corporate Services & Treasurer, be received; 2. That the temporary borrowing limit to meet 2006 current expenditures pending receipt of taxes and other revenues be established at $27,000,000 for the period January 1,2006 to September 30, 2006 inclusive, and $13,500,000 thereafter until December 31, 2006; 3. That the temporary borrowing limit for capital purposes for 2006 be established at $17,000,000; 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. (5) Director, Corporate Services & Treasurer, Report CS 88-05 Ontario Transit Vehicle Program -2005 Request for Allocation of Funds COUNCIL DECISION 1. That Report CS 88-05 be received for information; and 2. That Council approve the application for Provincial subsidy funding as directed in the Ontario Transit Vehicle Program (OTVP) guidelines for 2005; 4 OO5 Council Meeting Minutes Monday, December 5, 2005 7:30 pm (6) That Council approve the (OTVP) application for the eligible expenditures as approved in 2005 APTA Budget and the Director, Corporate Services and Treasurer be authorized to make any changes to the OTVP application or undertake any actions necessary in order to ensure the application process is complete; and That the appropriate officials of the City of Pickering and the Ajax Pickering Transit Authority be given authority to give effect thereto. Confidential Memorandum Dated November 22, 2005 from the City Solicitor to the Chief Administrative Officer Re: Taxicab Matter (7) COUNCIL DECISION That the recommendation contained in the Confidential minutes of November 28, 2005, be adopted. Confidential Memorandum dated November 25, 2005 from the Chief Administrative Officer; Director, Operations & Emergency Services and Director, Corporate Services & Treasurer Re: Space Needs COUNCIL DECISION That the recommendations contained in the Confidential minutes of November 28, 2005, be adopted. Resolution #211/05 Moved by Councillor Johnson Seconded by Councillor Brenner That the Report of the Executive Committee EC 2005-16, dated November 28, 2005, be adopted save and except Item 1. CARRIED 5 OOg P/CKERING Council Meeting Minutes Monday, December 5, 2005 7:30 pm (1) Director, Planning & Development, Report PD 44-05 Draft Plan of Subdivision Application SP-2004-05 Zoning By-law Amendment Application A 13/04 Weldon Lands Inc. on behalf of the Estate of A. Tyas 542 Kingston Road Block B, Registered Plan 473 and Part Lot 30, Range 3, B.F.C. City of Pickerinq Resolution #212/05 Moved by Councillor Ashe Seconded by Councillor Brenner That Draft Plan of Subdivision Application S-P-2004-05 submitted by Weldon Lands Inc. on behalf of the Estate of A. Tyas, on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., City of Pickering, to permit the development of a plan of subdivision, be APPROVED, subject to the conditions outlined in Appendix I to Report PD 44-05, as amended as follows: Condition 1.1 be revised as follows: 1.1 That this recommendation apply to the draft plan prepared by David Horwood Ltd., dated October 25, 2004, Project Number 6239, for Draft Plan of Subdivision Application S-P- 2004-05 submitted by Weldon Lands Inc., on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., City of Pickering, to permit a development block for 22 townhouse dwelling units and 13 detached dwellings. That Zoning By-law Amendment Application A 13/04 submitted by Weldon Lands Inc. on behalf of the Estate of A. -I'yas, on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., City of Pickering, to establish performance standards to permit the development of detached dwellings and townhouse dwelling units, be APPROVED, generally in accordance with the following conditions: 3. That the implementing zoning by-law: (a) permit the establishment of townhouse dwelling units in accordance with the following provisions: 6 Council Meeting Minutes Monday, December 5, 2005 7:30 pm O0 '~ (b) (vi) (vii) (viii) (i) maximum of 22 townhouse dwelling units; (ii)townhouses are restricted from lands that abut existing detached dwellings (iii) maximum building height of 12.0 metres for townhouses; (iv) minimum front yard depth of 2.5 metres from Kingston Road; (v) minimum east side yard width of 1.5 metres for townhouses; minimum unit width of 5.0 metres; maximum of one dwelling unit per lot; minimum two private parking spaces per dwelling unit, which can be provided by either two parking spaces within an attached garage, or one parking space in an attached garage and one parking space in a drive way immediately in front of the parking garage for that dwelling unit; (ix)minimum of 12 visitor parking spaces; (x) uncovered or covered steps and platforms shall be permitted to project a maximum of 1.5 metres into a required rear yard; (xi) uncovered or covered steps and platforms shall be permitted to project a maximum of 1.5 metres into a required front yard; (xii) that all townhouse dwelling units shall front onto a private road/driving aisle. permit the establishment of detached dwelling units in the northern and western portion of the site in accordance with the following provisions: (i) maximum of 13 detached dwelling units; (ii)maximum building height of 10.0 metres; (iii) minimum front yard depth of 2.5; (iv)minimum rear yard depth of 7.5 metres except for lots that abut the road widening required for the construction of the turning circle on Lightfoot Place which will require a minimum rear yard dept of 5.5 metres; (v) minimum lot frontage of 6.4 metres; (vi) maximum of one dwelling unit per lot; (vii) minimum interior dwelling unit separation of 1.5 metres; 7 005 Council Meeting Minutes Monday, December 5, 2005 7:30 pm (viii) (ix) (x) (xi) minimum two private parking spaces per dwelling unit, which can be provided by either two parking spaces within an attached garage, or one parking space in an attached garage and one parking space in a drive way immediately in front of the parking garage for that dwelling unit; uncovered steps and platforms shall be permitted to project a maximum of 1.5 metres into a required rear yard; uncovered or covered steps and platforms shall be permitted to project a maximum of 1.5 metres into a required front yard; that all detached dwelling units shall front onto a private road/driving aisle. CARRIED REPORTS (NEW & UNFINISHED BUSINESS) (1) Director, Corporate Services & Treasurer, Report CS 91-05 Development Charges Complaint, Sheridan Chevrolet Oldsmobile Cadillac 1800 Kinqston Road, Pickering Resolution #213/05 Moved by Councillor Ashe Seconded by Councillor McLean That Report CS 91-05 of the Director, Corporate Services & Treasurer, be received; That Council confirm the development charge in the amount of $49,671.96 applied to the applicant, Sheridan Chevrolet Oldsmobile Cadillac, for property municipally known as 1800 Kingston Road, Pickering; and 3. That the applicant be so advised. CARRIED Council Meeting Minutes Monday, December 5, 2005 7:30 pm VII) BY-LAWS By-law 6599/05 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended by By-law 5558/99, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 17, B.F.C. Range 3, (Durham Condominium Plan 112), in the City of Pickering. (A 20/05) [Report PD 44-05] By-law 6600/05 Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2006. [Report CS 89-05] THIRD READING: Councillor Brenner, seconded by Councillor Johnson, moved that By-law Numbers 6599/05 and 6600/05 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 VIII) NOTICES OF MOTION Direct Election of the Region of Durham Chair 2006 Ballot Question Resolution #214/05 Moved by Councillor Dickerson Seconded by Councillor Ashe WHEREAS the position of Chair of the Regional Municipality of Durham has considerable responsibility, influence and authority over numerous public policy and service issues affecting all residents, businesses and electors in the Region of Durham; WHEREAS a fundamental principle of democracy is that the electors, through a general vote, have the right to freely choose their political representatives; 010 Council Meeting Minutes Monday, December 5, 2005 7:30 pm WHEREAS the Government of Ontario may determine that the Chair of the Regional Municipality of Durham shall be directly elected by a general vote of all electors in the Region; NOW THEREFORE BE IT RESOLVED that a public meeting and by-law to place the following question on the November 2006 City of Pickering election ballot be scheduled and that the City Clerk initiate the required processes outlined in the Municipal Elections Act: Should the Council of the City of Pickering approve the following resolution: That the Government of Ontario enact a regulation requiring the direct election of the Chair of the Regional Municipality of Durham. YES OR NO CARRIED ON A RECORDED VOTE: YEA NAY Councillor Ashe Councillor Brenner Councillor Dickerson Councillor McLean Councillor Pickles Councillor Johnson Mayor Ryan Moved by Councillor Brenner Seconded by Councillor Dickerson That the rules of procedure be suspended in order to hear a delegation from the Rouge Valley Ajax-Pickering Hospital and that a Notice of Motion be presented with respect to the Rouge Valley Ajax-Pickering Hospital. MOTION LOST ON A 2/3 MAJORITY VOTE 10 Council Meeting Minutes Monday, December 5, 2005 7:30 pm 01i ix) OTHER BUSINESS Appointments to the Accessibility Advisory Committee Resolution #215/05 Moved by Councillor Pickles Seconded by Councillor Dickerson That Ms. Lori Murray and Mr. Chris Del Duca be appointed to the Accessibility Advisory Committee; and 2. That the apPlicants be so advised. CARRIED CORR. 4-05 PATTI L. BARRIE MUNICIPALITY OF CLARINGTON 40 Temperance Street Clarington, Ontario At the November 14, 2005 meeting of Council, the City Clerk was requested to prepare a draft response from the City of Pickering regarding the endorsement of Pay Assurance. Based on the direction of Council, the following was hereby submitted: Resolution #216/05 Moved by Councillor McLean Seconded by Councillor Dickerson That CORR 4-05 from the Municipality of Clarington with respect to pay assurance, be received; That the City of Pickering endorse the concept of Pay Assurance, in principle; and That the Director, Corporate Services & Treasurer report back to Council on Pay Assurance once staff has met with representatives of the program; and 11 Council Meeting Minutes Monday, December 5, 2005 7:30 pm 4. That the Region of Durham and local area municipalities be so advised. CARRIED Council discussed in detail the Rouge Valley Ajax Pickering Hospital decision to move all births to the Rouge Valley Centenary location. Correspondence in this regard was submitted to the Clerk from concerned residents. The following matters were considered prior to the meeting: Resolution #217/05 Moved by Councillor Dickerson Seconded by Councillor Brenner That Council move into a Closed meeting of Council in order to discuss a proposed or pending acquisition or disposition of land by the municipality or local board and/or personal matters about an identifiable individual. CARRIED a) A confidential memorandum dated December 1, 2005 from the City Solicitor to the Chief Administrative Officer with respect to a Zoning By-law Amendment application was provided to Members of Council. Detailed discussion ensued on this matter and the City Solicitor was provided direction to negotiate further on this matter. The City Solicitor indicated a further report would be presented once details were finalized. b) A confidential memorandum dated December 2, 2005 from the City Clerk to the Chief Administrative Officer with respect to appointments to the Accessibility Advisory Committee was received. Consensus of the Committee was reached and it was noted that appointments would be approved through Item #2 of Other Business. c) The City Solicitor provided comments with respect to the Notice of Motion being presented concerning the Direct Election of the Regional Chair be provided guidance in this regard. 12 Council Meeting Minutes Monday, December 5, 2005 7:30 pm 0,13 Resolution #218/05 Moved by Councillor Dickerson Seconded by Councillor Brenner That Council rise and ratify the actions taken at the 'In Camera' session. CARRIED d) The Chief Administrative Officer provided a brief update to the Members of Council with respect to St. Martin's Seniors Centre. e) The Chief Administrative Officer provided Members of Council with a copy of correspondence dated December 1, 3005 from the Commissioner of Emergency Management, Ministry of Community Safety and Correctional Services to the Chief Administrative Officer, Region of Durham with respect to public alerting. x) CONFIRMATION BY-LAW By-law Number 6601/05 Councillor Johnson, 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 Regular Meeting of December 5, 2005. CARRIED x~) ADJOURNMENT The meeting adjourned at 9:40 pm. 13 014 Council Meeting Minutes Monday, December 5, 2005 7:30 pm DATED this 5th Day of December, 2005 MAYOR DAVID RYAN DEBI A. BENTLEY CITY CLERK 14 Report No. 17 of the Executive Committee held on December 12, 2005 EC 2005-17 015 That the Executive Committee of the City of Pickering hereby presents its seventeenth Report to Council: Director, Planning & Development, Report PD 41-05 Building Code Statute Law Amendment Act (Bill 124) Enactment of new building by-law to implement legislated requirements New fees for planning and building permit applications That Report PD 41-05 of the Director, Planning & Development, the Director, Corporate Services & Treasurer and the Chief Building Official be received and that the by-law set out in Attachment #1 to Report PD 41-05 to establish a new building permit process and fees be forwarded to City Council for enactment; such by-law to be effective January 1, 2006. That the By-law set out in Attachment #2 to Report PD 41-05, to amend the City's General Fees and Charges By-law as it applies to planning application fees, be forwarded to City Council for enactment; such by-law to be effective January 1, 2006. That the City Clerk forward a copy of Report PD 41-05 to the Toronto and Durham Homebuilders Associations and Urban Development Institutes. Director, Planning & Development, Report PD 47-05 Pickering Official Plan - New Consolidation (Edition 4) -Informational Revision 12 (Housekeeping Matters) That Council receive Report PD 47-05 regarding Informational Revision 12 (Housekeeping Matters) for inclusion in Edition 4 of the Pickering Official Plan for information; and That Council adopt Informational Revision 12, as set out in Appendix I to Report PD 47-05, for inclusion in Edition 4 of the Pickering Official Plan. Report No. 17 of the Executive Committee held on December 12, 2005 EC 2005-17 Director, Planning & Development, Report PD 48-05 Release of Subdivision Agreement from Title Release and Abandonment of Easement Lots 162 to 167, Plan 40M-1466, Pickering File: D0805 That the Mayor and City Clerk be authorized to execute, for the purpose of registration: Release of the Subdivision Agreement registered as Instrument LT323412 from title as it relates to Lots 162 to 167, Plan 40M-1466; and Release and Abandonment of Easement registered as Instrument LT404424 relating to those parts of Lots 162 to 167, Plan 40M-1466, being Parts 8 to 13, Plan 40R-10283. Director, Operations & Emergency Services, Report OES 41-05 Stop Control By-law - Amendment to By-law 2632/88 - Rosebank Road at Granite Court - File: A-2130-001-05 That Report OES 41-05 regarding a proposed amendment to the Stop Sign By-law 2632/88, be received; and That the attached draft by-law be enacted to amend Schedule 'A' to By- law 2632/88 authorizing the erection of stop signs at the intersection of Rosebank Road at Granite Court. Director, Operations & Emergency Services, Report OES 42-05 Don Beer Arena Snack Bar Concession Lease Renewal- Pickering Hockey Association File: A-2130-001-05 That Report OES 42-05, of the Director, Operations & Emergency Services, be received; and That the Mayor and the Clerk be authorized to execute a renewal Concession License Agreement to permit the Picketing Hockey Association to continue to operate a snack bar concession facility at Don Beer Arena from January 1, 2006 to April 30, 2009 that is in the form and Report No. t7 of the Executive Committee held on December 12, 2005 EC 2005-17 017 o substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Director, Operations & Emergency Services, Report OES 43-05 Pickering Recreation Complex Area Snack Bar Concessions File: ^-2130-001-05 That Report OES 43-05 of the Director, Operations & Emergency Services, be received; and That the Mayor and Clerk be authorized to execute a renewal Concession License Agreement to permit Beverly and Ron Ireland to continue to operate snack bar concessions facilities at the Pickering Recreation Complex (Arena Only) from January 1, 2006 to April 30, 2009 that is in the form and substance acceptable to the Director. Operations & Emergency Services and the City Solicitor. Director, Operations & Emergency Services, Report OES 44-05 Don Beer Arena Pro Shop File: A-2130-001-05 That Report OES 44-05 of the Director, Operations & Emergency Services, be received; and That the Mayor and the Clerk be authorized to execute a renewal Pro Shop License Agreement to permit Sun-Glo Marketing to continue to operate a Pro Shop facility at Don Beer Arena from January 1, 2006 to April 30, 2009 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Director, Operations & Emergency Services, Report OES 37-05 Pesticide Use File: A-2130 That Report OES 37-05 of the Director, Operations & Emergency Services regarding Pesticide Use, be received; That the City of Pickering staff annually review the effectiveness of educational programs pertaining to pesticides and their use and investigate the potential for further development of community awareness; and Report No. 17 of the Executive Committee held on December 12, 2005 EC 2005-17 10. 11. That the City of Picketing staff continue to investigate and evaluate alternative options to pesticides for pest control on municipal properties. Director, Corporate Services & Treasurer, Report CS 92-05 The New Deal for Cities and Communities Federal Gas Tax Revenue 1. That Report CS 92-05 from the Director, Corporate Services & Treasurer, be received; 2. a) That the Mayor and City Clerk be authorized to execute the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities with the Association of Municipalities of Ontario in order to facilitate the transfer of gas tax revenues from the Government of Canada to the City of Pickering for 2005; b) That the attached By-law be read three times and passed; 3. a) That Council authorize and approve the establishment of the Federal Gas Tax Reserve Fund; b) That the attached By-law be read three times and passed; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Director, Corporate Services & Treasurer, Report CS 95-05 Petition from Residents Surroundin.q 185 White Pine Crescent That Report CS 95-05 of the Director, Corporate Services & Treasurer, concerning a petition from residents surrounding 185 White Pine Crescent, be received for information. Director, Corporate Services & Treasurer, Report CS 96-05 Solemnization of Mardaqes 1. That Report CS 96-05 of the Director, Corporate Services & Treasurer be received; 2. That the City Clerk and Deputy Clerk be authorized to provide civil marriage solemnization services; Report No. 17 of the Executive Committee held on December 12, 2005 EC 2005-17 3. That the fee for the civil marriage service be set at $250.00; That the service be monitored for a six month period with a further report to Council; That a by-law be forwarded to Council authorizing the performance of civil marriages for the City of Pickering; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 12. Director, Corporate Services & Treasurer, Report CS 90-05 2006 Interim Spending Authority That Report CS 90-05 from the Director, Corporate Services & Treasurer be received; That the 2006 Interim Operating Expenditures be approved at 50% of the prior years' budget including adjustments as contained in Attachment 1 and 2, pending approval of the formal 2006 Current Budgets by Council; and That the appropriate City of Picketing officials be authorized to take the necessary actions to give effect thereto. 13. Director, Corporate Services & Treasurer, Report CS 94-05 - Consolidated Municipal Traffic & Parking By-law - Repeal of By-laws 2359/87, 55~74, 3604/90, 2632/88, 1835/84, 2366/87, 6181/03, 1684/83, 6300/04, 1660/83 That Report CS 94-05 from the Director, Corporate Services & Treasurer regarding a proposed consolidated traffic and parking by-law be received; That the attached draft by-law be enacted to provide for the regulation of parking, vehicular and pedestrian traffic on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering and on private and municipal property; and That the appropriate officials of the City of Pickering be given the authority to give effect thereto. Report No. 17 of the Executive Committee held on December 12, 2005 EC 2005-17 14. Director, Corporate Services & Treasurer, Report CS 97-05 Appointment of Deputy Mayor - Change in Rules of Procedure - Process to be Followed That Report CS 97-05 of the Director, Corporate Services & Treasurer concerning the Appointment of Deputy Mayor, be received for information. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6602/05 Being a by-law to further 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 to By-law 2632/88, facing the traffic bound in the directions set out in Column II of the Schedule. 2. Schedule A to By-law 2632/88, as amended, is hereby further amended by adding hereto the following items: Column I Column II Intersections Facing Traffic Rosebank Road and Granite Court Southbound on Rosebank Road BY*LAW read a first, second and third time and finally passed this 19th day of December, 2005. Dave Ryan, Mayor Debi Bentley, City Clerk O2£ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6603~05 Being a by-law to provide for the administration and enforcement of the Building Code Act, 1992 within the City of Pickering WHEREAS Subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, provides that the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Building Code Act, 1992 within the City of Pickering; and WHEREAS Subsection 3(2) of the Building Code Act, 'I992 requires that the Council shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Building Code Act, 1992 within the City of Pickering; and WHEREAS Section 7 of the Building Code Act, 1992 authorizes the Council of a municipality to pass certain By-laws prescribing classes of permits, permit application documents, fees, inspections and other related matters. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. This By-law may be cited as the Building By-law. 2. (1) In this By-law (a) "Act" means the Building Code Act, 1992, S.O. 1992, chapter 23; (b) "as constructed plans" means as constructed plans as defined in the building code; (c) "applicant" means a person who applies for a permit and includes any person authorized by an owner to apply for a permit on the owner's behalf; (d) "architect" means a holder of a license, a certificate of practice, or a temporary license under the Architect's Act as defined in the Building Code; (e) "building" means a building as defined in Subsection 1(1) of the Act; (f) "building code" means the regulations made under Section 34 of the Act; (g) "chief building official" means the person appointed by the Council as the chief building official for the purpose of enforcement of the Act; (h) "construction value" means the value prescribed by the chief building official to represent the total value of all work, services and material associated with the construction for which a permit is applied; (i) "Council" means the Council of The Corporation of the City of Pickering; (j) "deficient permit" means a permit in respect of which, (2) (k) (m) (n) (o) (P) (q) (i) an inspection notice or order to comply has been issued by an inspector or, (ii) an inspection required under the building code or this By-law has not been arranged, and six months or more have elapsed after the date the notice was issued or the inspection was required; "deputy chief building official" means the person appointed by the Council as the deputy chief building official for the purpose of enforcement of the Act; "equivalent" means equivalent materials, systems or designs proposed by an applicant pursuant to Section 9 of the Act; "holiday" means days when the offices of the city of Pickering are not open for transaction of business with the public; "inspector" means an inspector listed in Schedule A; "owner" means the registered owner of the land upon which is located, or will be located, the building or part thereof for which an application for a permit is, or has been made; "permit" means permission or authorization given, in writing, by the chief building official, (i) to perform work regulated by the Act or the building code or both, (ii) to change the use of a building or part of a building as regulated by the Act or the building code or both, or (iii) to occupy a building or a part thereof; "permit holder" means an owner to whom a permit has been issued, or where a permit has been transferred, the transferee; (r) "professional engineer" means a person who holds a licence or a temporary licence under the Professional Engineer's Act; and (s) "registered code agency," means a person or an entity that has the qualifications and meets the requirements set out in the Act. Any word or term not defined in this By-law shall have the meaning ascribed to it in the Act or the building code. APPOINTMENTS 3. Each person whose name is set out in Column 2 of Schedule A is hereby appointed to the position set out beside that person's name in Column 1 thereof. CODE OF CONDUCT FOR BUILDING OFFICIALS Each person listed in Schedule A shall be governed by the Code of Conduct set out in Schedule D, with respect to exercising powers and performing duties under the Act. O24 CLASSES OF PERMITS 5. Classes of permits with respect to the construction, demolition, change of use and occupancy of buildings and permit fees shall be as set out in Schedule B. REQUIREMENTS FOR FILING PERMIT APPLICATIONS 6. (1) To obtain a permit, an applicant shall file a complete application on the form available from the chief building official, or from the Province of Ontario, together with the applicable requirements set out in Subsections (2) to (8). (2) All documents and drawings accompanying an application shall be coordinated with each other and shall be consistent with the description of the proposed work. Building Permits (3) Every application for a building permit under Subsection 8(1) of the Act shall, (a) identify and describe in detail the work to be done and the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; (b) be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C; and (c) be accompanied by the appropriate fee calculated in accordance with Schedule B. Demolition Permits (4) Every application for a demolition permit under Subsection 8(1) of the Act shall, (a) identify and describe in detail the work to be done and the existing use and occupancy of the building, or part thereof, for which the application for a permit is made, and the proposed use and occupancy of that part of the building, if any, that will remain upon completion of the demolition; (b) be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C; (c) be accompanied by the appropriate fee calculated in accordance with Schedule B; and (d) be accompanied by confirmation that. (i) arrangements have been made with the proper authorities for the safe and complete disconnection of ail existing water, sewer, gas, electric, telephone and other utilities; and (i~) the owner will comply with the City's property standards by-law at the completion of demolition. Conditional Building Permits (5) Every application for a conditional building permit under Subsection 8(3) of the Act shall, (a) comply with the requirements set out in Subsection 6(3) in this By-law; and (b) be accompanied by, O25 (i) a written statement from the applicant explaining why the applicant believes that unreasonable delays in construction would occur if a conditional building permit is not issued; (ii) a written acknowledgement from the applicant of the necessary approvals which must be obtained in respect of the proposed construction and the time period in which such approvals shall be obtained by the applicant; a written agreement, in a form provided by the chief building official, executed by the applicant, the owner and such other necessary persons the chief building official determines for the purposes set out in clause 8(3)(c) of the Act; and (iv) the conditional permit fee in accordance with Schedule B. (6) The chief building official is hereby authorized to execute on behalf of The Corporation of the City of Pickering the written agreement referred to in clause 6(5)(b)(iii) as part of the conditional building permit application. Change of Use Permits (7) Every application for a change of use permit under Subsection 10(1) of the Act shall, (a) identify and describe in detail the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; (b) be accompanied by plans and specifications which show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the building code, including, but not necessarily limited to, floor plans and details of wall, ceiling and roof assemblies identifying existing fire resistance ratings and load bearing capacities; (c) be accompanied by the appropriate fee in accordance with Schedule B; and (d) be accompanied by the completed documents prescribed in Schedule C. Occupancy Permits for Unfinished Buildings (8) Every application for authorization to occupy an unfinished building under Section 2.4.3 of the building code shall, (a) identify and describe in detail the occupancy, the date of such occupancy, and the building or part thereof for which the application for a permit is made; (b) be accompanied by plans which show the areas of the proposed occupancy; and (c) be accompanied by the appropriate fee in accordance with Schedule B. REQUIREMENTS FOR PLANS AND SPECIFICATIONS 7. (1) Every applicant shall submit sufficient plans, specifications, documents and other information to enable the chief building official to determine whether the proposed building, construction, demolition or change of use will contravene the Act, the building code or any other applicable law. 4 026 (2) (3) The chief building official shall determine the plans, specifications, documents and other information required to be submitted with an application in order to deem it complete according to sentence 2.4.1.1B.(5) of the building code having regard for: (a) the scope of the proposed work; (b) the requirements of the building code, the Act and other applicable law; and (c) the requirements of this Section and Schedule C. Plans, specifications, documents and other information shall be submitted in a permanent medium upon paper or other suitable and durable material and shall contain text that is legible and drawings that are legible, complete, fully dimensioned and to scale. (4) Site plans submitted by an applicant shall, (5) (6) (a) be certified by the Planning & Development Department of the City of Pickering as being in conformity with by-laws passed under Sections 34 and 41 of the Planning Act; and (b) be referenced to a current plan of survey prepared and certified by an Ontario Land Surveyor, and a copy of the survey shall accompany the site plan submission, except where the chief building official waives the requirement to do so. On the completion of the foundation for a detached, semi-detached, triplex, fourplex or townhouse dwelling, the chief building official may require submission of a survey prepared by an Ontario Land Surveyor indicating the location and elevation of the top of the foundation wall, prior to a framing inspection being undertaken. On the completion of the construction of a building, or part of a building, the chief building official may require submission of a set of plans of the building or part of a building, as constructed, together with a plan of survey prepared and certified by an Ontario Land Surveyor showing the location of the building. AUTHORIZATION OF EQUIVALENTS 8. (1) Where approval for an equivalent material, system or building design under Section 9 of the Act is proposed in either an application for a permit, or in a material change to a plan, specification, document or other information on the basis of which a permit is issued, the applicant shall submit, (a) a completed "Equivalent Application Form" as described in Schedule C; (b) a description of the proposed location(s) the equivalent is proposed to be installed; (c) a description of the proposed material, system or building design for which authorization is sought; (d) a description of all applicable provisions of the building code in contravention; (e) supporting documentation demonstrating that the proposed material, system or building design will provide the level of performance required by the building code; and (f) payment of the required fee as set out in Schedule B. (2) (3) The chief building official or registered code agency may accept or reject any proposed equivalents and may impose conditions or limitation on their use. Equivalents that are accepted under this section shall be applicable only to the location described in the application, and are not transferable to any other building permit. INCOMPLETE PERMIT APPLICATIONS 9. (1) An application shall be deemed not to be complete according to sentence 2.4.1.1.B(5) of the building code where any of the applicable requirements of Section 6 have not been complied with. (2) (3) Except as provided in Subsection 9(3), an application deemed to be incomplete shall not be accepted by the chief building official. The chief building official may accept an incomplete application where the applicant acknowledges, in writing, that the application is incomplete and waives the time period prescribed in the building code within which a permit must be issued or refused. (4) Where an applicant declares that an application is complete in all respects and complies with the Act, the building code and applicable law, the chief building official shall issue or refuse to issue a permit within the time period prescribed in the building code. (5) Where an applicant declares that an application is complete in all respects, but the application is determined to be incomplete or does not comply with the Act, the building code or applicable law, an additional fee as prescribed in Schedule B shall be applied to the re-examination of documents required to be submitted by an applicant. ABANDONED PERMIT APPLICATIONS 10. (1) An application for a permit shall be deemed to have been abandoned by the applicant where, (a) (b) the application is incomplete according to Section 9 and remains incomplete six months after it was submitted; six months have elapsed after the applicant was notified that the proposed building, construction, demolition or change of use will not comply with the Act or the building code or will contravene any other applicable law; or (c) the application is substantially complete, and six months have elapsed from the date upon which the applicant was notified that a permit was available to be issued. (2) Where an application is deemed abandoned, all submitted plans, specifications and documents shall be disposed of, or upon written request from the applicant, returned to the applicant. REVISION TO PERMITS 11. Should a permit holder wish to make any material change to any plan, specification, document or other information on the basis of which the permit was issued, the permit holder shall file an application for a revision to the permit which describes the material changes, and shall pay the fee set out in Schedule B. 025 TRANSFER OF PERMITS 12. (1) If the owner of the land changes after a permit has been issued, the permit may be transferred to the new owner (the "transferee") of the lands where an application is filed with the City in writing, in accordance with this section. (2) Every application for the transfer of permit shall, (a) include a written statement from the current permit holder authorizing the transfer of the permit to the transferee; (b) include proof of ownership of the lands by the transferee satisfactory to the chief building official; (c) (d) (e) confirm that the work to be done and the existing and proposed use and occupancy of the building or part thereof, for which the application for the transfer of the permit is made, is the same as that identified and described on the application of the permit; state the name, address, telephone number of the proposed transferee; state the name, address, telephone number and facsimile number of the proposed architect and/or professional engineer, and their building code qualifications, where they are differenl from those identified in the application for the permit, and a written confirmation from the architect and/or professional engineer(s), that they have been retained to undertake general review of the construction or demolition where required under the building code; (f) include, where the proposed transferee is a builder as defined in the Ontario New Home Warranties Plan Act, the proposed transferee's registration number under that Act; (g) be accompanied by the appropriate fee in accordance with Schedule B; and (h) be signed by the proposed transferee who shall certify as to the truth of the contents of the application. (3) Upon the issuance of transfer of a permit to the transferee, the transferee shall be deemed to be the permit holder and the original permit holder shall have no further rights or obligations under the permit save and except for any obligations set out in any agreements entered into for the purposes of clause 8(3)(c) of the Act. REVOCATION OF PERMITS 13. (1) (2) Prior to revoking a permit, the chief building official shall give written notice of an intention to revoke the permit to the permit holder at the permit holder's address shown on the application or to such other address as the permit holder has provided to the City for that purpose. Following issuance of the notice described in Subsection 13(1), the permit may be revoked immediately or after a period prescribed by the chief building official, and all submitted plans, specifications, documents and other information may be disposed of or, upon written request from the permit holder, returned to the permit holder. (3) Notice under Subsection 13(1) shall be given either personally or by registered mail, and where notice is by registered mail, it shall be deemed to have been given on the fifth day after the day of mailing. FEES AND REFUNDS OF FEES 14. (1) A fee shall be paid with every permit application, calculated in accordance with Schedule B and the fee shall be due and payable, in full, upon the submission of the application for a permit. (2) The minimum fee payable on any application shall be $50.00. (3) Where the amount of a fee to be paid as par[ of a permit application is based, upon the building category, floor area and/or value of the proposed construction, the chief building official, or a person designated by the chief building official, shall determine the appropriate building category, floor area and/or value, and that determination shall be final. (4) Where an application for a permit is subject to additional user fees prescribed by the City, the fees so prescribed shall be paid in addition to the fees set out in Schedule B. O29 Plan Re-examination Fees (5) Where an applicant substantially revises proposed materials, systems or a building design after examination of a previous submission has already been undertaken, a re-examination fee shall apply as set out in Schedule B. Additional Inspection Fees (6) An additional inspection fee as set out in Schedule B shall apply and shall be paid prior to each inspection being undertaken on any building where, (a) any of the prescribed notice requirements under the building code or the additional notices required under this By-law have not been complied with by a permit holder; (b) more than two inspections are required due to construction being incomplete or not in compliance with the building code; (c) a building is occupied before the notice required under Section 11 of the Act was given to the chief building official; or (d) an inspection is requested to confirm that outstanding items have been completed or corrected in respect of a deficient permit. Fee Refunds (7) If requested, in writing, by an applicant or permit holder, where, (a) an applicant withdraws, in writing, an application for a permit; (b) an application is deemed to have been abandoned in accordance with Section 10 · (c) the chief building official refuses to issue a permit for which an application has been made; or (d) the chief building official revokes a permit after it has been issued, the chief building official shall calculate the portion of any fee paid that may be refunded and authorize the payment thereof, based upon the functions undertaken by the City, in accordance with Subsections 14(8) to 14(13). 8 O3O (8) (9) (10) (11) (12) (13) Eighty-five per cent (85%) of the permit fee paid in accordance with Schedule B shall be refunded if only application administrative functions have been performed. Fifty per cent (50%) of the permit fee paid in accordance with Schedule B shall be refunded if, (a) the functions described in Subsection 14(8) and all or part of plan review functions have been performed; and (b) the permit has not been issued. Twenty-five per cent (25%) of the fee paid in accordance with Schedule B shall be refunded if the permit has been issued. Notwithstanding Subsections 14(7) to 14(10) above, no refund of any portion of the permit fee paid in accordance with Schedule B shall be made if any construction or demolition has commenced. No refund shall be payable where the amount calculated in accordance with this Section is less than $50.00. Any amount authorized by the chief building official to be refunded shall be paid to the person named on the fee receipt issued by the City upon original payment of the fee, unless that person directs, in writing, that it be refunded to another person. REGISTERED CODE AGENCIES 15. Pursuant to Subsection 4.1(3) of the Act and Section 2.22 of the building code, the chief building official is authorized to enter into service agreements with registered code agencies and appoint them to perform one or more of the specified functions described in Section 15.15 of the Act. FENCES AT CONSTRUCTION AND DEMOLITION SITES 16. (1) Where, in the opinion of the chief building official or an inspector, a construction or demolition site presents a hazard to the public, the chief building official or inspector may require the owner to erect such fences as the chief building official or inspector deems appropriate to the circumstances. (2) In considering the hazard presented by the construction or demolition site, the necessity for fences and the height and characteristics of such fences, the chief building official or inspector shall have regard for, (a) the proximity of the building site to other occupied buildings; (b) the proximity of the construction or demolition site to lands accessible to the public; (c) the hazards presented by the construction or demolition activities and materials; (d) the feasibility and effectiveness of site fences; and (e) the duration of the hazard. (3) Every fence required by this section shall, (a) be erected so as to fully enclose all areas of the site which present a hazard; (b) (c) create a continuous barrier and be sufficient to deter unauthorized entry; have a height not less that 1.2 metres above grade at any point, unless the chief building official or inspector determines that a greater minimum height is necessary; if constructed of plastic mesh, snow fencing or other similar materials, be securely fastened at 200mm o.c. to vertical posts not more than 2.4 metres apart, and to horizontal members or a minimum 11 gauge cable at the top and bottom; and (e) be maintained in a vertical plane and in good repair. 03i INSPECTION NOTICES 17. (1) The permit holder shall also give notice to the chief building official or registered code agency of the following stages of construction in addition to the notices prescribed by the building code: (a) commencement of construction of, (i) masonry fireplaces and masonry chimneys; (ii) factory-built fireplaces and allied chimneys; or (iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys; (b) substantial completion of interior finishes; and/or (c) substantial completion of heating, ventilating, air-conditioning and air- contaminant extraction equipment. (2) A notice required to be given by a permit holder to the chief building official or registered code agency pursuant to Subsection 2.4.5 of the building code shall be given to the chief building official or registered code agency at least two days in advance of the construction stage in which notice is being given. (3) For the purpose of Subsection 17(2), the term "day" means any Monday, Tuesday, Wednesday, Thursday or Friday other than a holiday. (4) A notice given to the chief building official pursuant to Subsection 2.4.5 of the building code shall be given in writing to either the chief building official, an inspector or registered code agency and if given to an inspector in accordance with this Section, shall be deemed to have been given to the chief building official. (5) A notice given to the chief building official or registered code agency pursuant to Subsection 2.4.5 of the building code and this Section shall not be effective until actually received by the chief building official, inspector or registered code agency as the case may be. SEVERABILITY 18. Should any provision of this By-law be declared by a court of competent jurisdiction to be invalid it shall not affect the validity of this By-law as a whole or any other part thereof, other than the provision declared to be invalid. INTERPRETATION AND IMPLEMENTATION 19. Schedules A, B, C and D attached shall form part of this By-law. 10 O32 20. Unless otherwise specified, references in this By-law to Sections, Subsections and Schedules are references to Sections, Subsections and Schedules in this By-law. 21. By-law 4647/95 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 19th day of December 2005. Dave Ryan, Mayor Debi A. Bentley, Clerk 11 SCHEDULE A APPOINTMENTS Column 2 Timothy Moore Item i Column 1 1 chief building official deputy chief building_ official [3. I inspector t4. i inspector 15. t !nspector i 6. I inspector i inspector 81 inspector 9. inspector t10. , inspector 11. [ inspector Toby Hill Robert Lalonde Albert Alvero Brenda Yarush Taylor Young Paul Nishikawa Andr~s SzOnyi Matthew Seward Brian Holmes 033 12 034 SCHEDULE B-PART A CLASSES OF PERMITS AND FEES PAYABLE Item I Class of Permit 1. [ Building Permit 2. Demolition Permit ' 3. Conditional Building Permit 4. Change of Use Permit Occupancy Permit for 5. I Unfinished Building Reference 6(3) 6(4) 6(5) 6(7) Fee Payable See Part B $10 for each 100 square metres of floor area or part thereof, minimum $5O Applicable Building Permit Fee payable plus $1000 $200 6(8) t$100 OTHER FEES Item ' Type of Fee Reference Fee Payable 1. Equivalent Authorization t 8 $100.00 Resubmission of ----I ...... I 2. application found to be 9(5) 25% of application fee I incomplete 3. Revision to permit 11 $50.00 4. Transfer of permit ~ 12 $50.00 Re-examination - Change in house I 14(5) $300 plus the fee prescribed in Part B ) model I as a result of any additional area 5. Re-examination 14(5) 10% of applicable permit fee to a (b) - other than 5(a) I maximum of $1000.00 6. Additional Inspection 14(6) $100.00 13 SCHEDULE B - PART B FEES PAYABLF- FOR BUILDING PERMITS 035 Item New Buildings and Additions Fee Payable 1. Assembly Occupancies $12,00 for each square meter of floor area or part thereof. Institutional Occupancies Residential Occupancies apartment buildings, hotels, mote[s, detached, semi-detached and townhouse dwellings, & other residential occupancies Business and Personal Service Mercantile Occupancies single storey buildings multiple storey buildings Industrial Occupancies farm buildings, unserviced storage buildings, unfinished basements parking garages other industrial buildings Alterations, Repairs and Other Structures Interior Partitioning and Finishing, including tenant alterations _a_partment in houses Minor Residential Structures and Alterations, including decks, gazebos (each) incidental partitioning of a basement fireplace, wood stove (each) garage, carport, storage shed (each 50m2) water and sewer connection other similar minor projects associated with a residential use Minor Non-Residential Structures, including school portables (each) temporary prefabricated trailers (each) temporary tent (each) other similar minor structures associated t with a non-residential use 9. Alterations, buildings and structures __ I not. provided for in Items 1 to 8 $14.00 for each square metre of floor area or part thereof. $9.00 for each square metre of floor area or part thereof. $8.00 for each square metre of floor area or pad thereof. $10.00 for each square metre of floor area or part thereof. $3.00 for each square metre of floor area or pad thereof. $4.00 for each square metre of floor area or part thereof. $5.50 for each square metre of floor area or part thereof. $2.00 for each square metre of floor area or part thereof. $50.00 $100.00 $10.00 for each $1,000 of construction value or pad_thereof. For the proper interpretation and application of this Schedule, see Notes following 14 FEES PAYABLE FOR BUILDING PERMITS Notes: 1. The following guidelines for calculating floor areas an~ fees apply to the specific building types and construction indicated. In order to determine the applicable occupancy, recourse shall be had to the building code and its appendices. 2. Floor area shall be measured to the outer face of exterior walls and to the centerline of party walls or demising walls. No deductions shall be made for openings within the floor area (e.g., stairs and stair openings, ducts, elevators, escalators). Floor area shall include all habitable areas, including mezzanines, finished attics and enclosed balconies. (a) (b) (c) Assembly Occupancies: The "Assembly Occupancies" rate shall apply to the total floor area of floors, which are principally of assembly use. Other rates shall be applied to other floors based on the principal use of the total floor area. Institutional Occupancies: The "Institutional Occupancies" rate shall apply to the floor areas of floors, which are principally of institutional use. Other rates shall be applied to other floors based on the principal use of the total floor area. Residential Occupancies: For detached, semi-detached and townhouse dwellings, the floor areas of unfinished basements, attached garages, porches and decks shall not be included in the area calculations, but the fee is inclusive of these areas. (d) (e) (f) For the other residential occupancies, the "Residential Occupancies" rate shall apply to the floor areas of floors, which are principally of residential use. Other rates shall be applied to other floors based on the principal use of the total floor area. Business and Personal Services Occupancies: The applicable "shell" rate shall be applied to the floor areas of a speculative structure, where the only finished floor areas are to be the common areas (e.g., lobby, corridors, washrooms). The "Interior Partitioning and Finishing" rate shall be applied where finished floor areas are to be provided in other than common areas. Other rates shall be applied to other floors based on the principal use of the total floor area. Mercantile Occupancies: The "Mercantile Occupancies" rate shall be applied to the floor areas of a speculative structure, where the only finished floor areas are to be the common areas (e.g., lobby, corridors, washrooms). The "Interior Partitioning and Finishing" rate shall be applied where finished floor areas are to be provided in other than common areas. Other rates shall be applied to other floors based on the principal use of the total floor area. Industrial Occupancies: Each "Industrial Occupancies" rate includes incidental finished office space to a maximum of 10% of the total floor area. The "Interior Partitioning and Finishing" rate shall be applied where additional finished space is provided. Other rates shall be applied to other floors based on the principal use of the total floor area. 3. "Construction value", as used in Item 9 of Schedule B - Part B, means the value of the proposed construction as determined by the chief building official, whose determination of that value shall be final. 15 SCHEDULE C - PART A DOCUMENTS & DRAWINGS REQUIRED FOR PERMIT APPLICATIONS O37 Row! l(a) l(b) 2(a) Class of Permit Documents and Drawings Required Building Permit Residential Detached houses Semi-detached houses Triplexes Fourplexes Townhouses Building Permit Residential as in l(a) Alterations Additions Accessory Buildings Documents a Applicable Law Compliance Checklist b Acknowledgement of incomplete application c MechanicaIVentilation Design Summary d Regional Municipality of Durham Building Permit for Sewage System · Regional Municipality of Durham Residential Development Charges Information Form f School Boards Education Development Charge Information Form g TARION Registration Form h Regional Connection Application for Water/Sewer Drawings a Approved Site Plan b Approved Grading Plan c Architectural Drawings d Structural Drawings e HVAC Drawings Documents a Applicable Law Compliance Checklist b Acknowledgement of incomplete application c Regional Municipality of Durham Building Permit for Private Sewage System Drawings a Approved Site Plan b Architectural Drawings c Structural Drawings d HVAC Drawings Documents a Applicable Law Compliance Checklist b Acknowledgement of incomplete application c Commitment to General Reviews by Architect & Engineers d Ontario Building Code Data Matrix e Land and Building Use Declaration f Flow Control Roof Drainage Declaration g Confirmation of Energy Efficient Design h Regional Municipality of Durham Commercial Development Charges Information form ~ School Board Development Charge Information form Regional Municipality of Durham Building Permit for Private Sewage System Drawings a Approved Site Plan b Approved Grading Plan c Architectural Drawings d Structural Drawings e HVAC Drawings f Plumbing Drawings g Electrical Drawings h Fire Protection Drawings Geotechnical Report Specifications Building Permit Non-residential and other residential not provided for in row l(a) or l(b) New Buildings Additions 16 038 SCHEDULE C - PART A DOCUMENTS & DRAWINGS REQUIRED FOR PERMIT APPLICATIONS Row i Class of Permit Documents and Drawings Required 2(b). Building Permit Notes: 1. 2. Non-residential and other residential as in 2(a) Alterations Renovations Tenant Occupancies Building Permits Other than row 1 to 4 Change of Use Permit Demolition Permit Documents a Applicable Law Compliance Checklist b Acknowledgement of incomplete application c Commitment to General Reviews by Architect & Engineers d Ontario Building Code Data Matrix Drawings Location Plan b Architectural Drawings c Structural Drawings d HVAC Drawings e Plumbing Drawings f Electrical Drawings g Fire Protection Drawings Documents a Applicable Law Compliance Checklist b Acknowledgement of incomplete application c Documents from rows la to 2b, or other documents which are applicable to the scope of work proposed Drawings a Drawings from rows la to 2b which are applicable to the scope of work proposed Documents a Applicable Law Compliance Checklist b Acknowledgement of incomplete application Drawings a Location Plan Architectural Drawings c HVAC Drawings Documents Applicable I_aw Compliance Checklist Acknowledgement of incomplete application Commitment to General Review by Engineer Demolition Approvals Drawings a Site Plan The documents described in this schedule are available from the chief building official. A description of the information required on drawings is contained in Part B of this schedule. The chief building official may waive the requirements for any specified documents or drawings where the scope of the work, applicable law or building code requirements does not necessitate its submission. 17 SCHEDULE C-PART B 03,9 INFORMATION REQUIRED ON DRAWINGS Class of Permit - Part A Row No. Item Drawing Type Site Plan Grading Plan Architectural information Required Legal description, survey property lines, property dimensions, compass orientation, location and name of adjacent roads Outline of all existing and proposed buildings and structures, building dimensions and their distance to property lines Dimensions and location of parking and vehicle access and fire routes Dimensions and location of barrier-free parking, curb cuts, path of travel to building and building access Signature and seal of professional engineer, landscape architect or Ontario land surveyor Property lines, easements sidewalks, driveways, building location, curb cuts, retaining walls Location of catch basins, above and below ground utilities, and connections to services Existing and ?roposed elevations within the site and at property lines, retaining wall elevation, slopes of driveways, drainage flow and swales Existing plans showing construction and room and space identification of all floors in the area of proposed work or occupancy Plans of all floors including basements complete with al~ rooms and room names Roof plan showing roof slope, drainage, roof and roofing construction details Building elevations showing grade, floor and ceiling heights, overall building height, exterior finish materials, window heights and sizes and spatial separation requirements Residential construction details including proposed wall section from footing to roof, specifications of all wall, floor and roof assemblies and all building materials and construction specifications Stairs, guards and handrail dimensions and details, window sizes and height above floor level; location and fuel type of all fireplaces Mezzanine plan showing construction, guardrails, egress Location and details of barrier free entrances and barrier free washrooms Reflected ceiling plans, bulkhead details, horizontal service shaft details Roof equipment screening, anchorage for window washing, roof access Building cross sections showing grade, floor and ceiling heights, horizontal and vertical fire separations I Enlarged sections and detail plans of washrooms and exit stairs m Wall sections, plan and section construction details Exit stair enclosure, wall construction details, fire separations and listed design numbers, door numbers referenced to a door schedule o Door and hardware schedule, door and frame details, window schedule, room finish schedule SCHEDULE C-PARTB INFORMATION REQUIRED ON DRAWINGS Item ', Drawing Type Information Required 4. ! Structural a 5. HVAC 6. Plumbing 7. Electrical 8. Fire Protection Foundation plans, floor and roof framing plans, footing, column and beam schedules, structural details and material specifications Design specifications, live and dead loading, wind and snow loading, earthquake loading, geotechnical report design basis Structural drawings sealed by a professional engineer for all structural elements not within the scope of Part 9 of the building code Roof and floor truss drawings sealed by a professional engineer Heating, ventilating and air conditioning plans, service shafts, equipment layout and schedules Heat loss and gain calculations, ventilation design summary Fire damper locations, kitchen exhaust equipment a Plumbing and drainage plans; location and sizing of under and above ground storm, sanitary and water supply piping and appurtenances Location of fire stopping; specifications of plumbing and firestopping materials a Electrical supply and distribution plans; location of power and lighting outlets; equipment schedules; transformer locations Location and specification of emergency lighting, emergency generators and exit signage Fire hydrant locations, sprinkler and standpipe distribution plans and schedules; sprinkler head layout; fire hose cabinet locations Location and specification of emergency lighting, emergency generators and exit signage; fire alarm system annunciator, diagrams and specifications Location of smoke alarms and carbon monoxide detectors Class of Permit - Part A Row No. l(a) l(b) 2(a) 2(b) i 3 4 X X X i X! X X Notes 1. Where indicated by an X, the information described is required to be included on the drawings for the class of permit specified. 2. Required information may be located or consolidated on other drawings rather than the drawing specified in this schedule. 3. The chief building official may waive the requirement for any required information specified in this schedule due to limited scope of work, applicable law or building code requirements. SCHEDULE D CODE OF CONDUCT FOR BUILDING OFFICIALS PURPOSE To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief building official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under the Building Code Act or the building code by the chief building official and inspectors. ENFORCEMENT GUIDELINES The chief building official, deputy chief building official and inspectors appointed in Schedule A shall comply with this code of conduct. Any appointed chief building official or inspector who fails to act in accordance with the provisions of this code may be subject to disciplinary action appropriate to the seriousness of the breach. All allegations concerning a breach of this code shall be made in writing. Any person who has reason to believe that this code of conduct has been breached may bring the matter to the attention of the chief building official. Where the allegation concerns the actions of the chief building official, the matter may be brought to the attention of the senior staff person to whom the chief building official reports. Any chief building official or senior staff person who receives a written complaint alleging a significant breach of this code shall investigate the matter, and where appropriate shall commence disciplinary action in accordance with the employment standards of the place of work. All communications received by a chief building official or senior staff person concerning a breach of this code shall be held in confidence. The chief building official or senior staff person shall advise Council in writing about the particulars of the alleged breach, its investigation and the final disposition of the matter upon its conclusion. CODE OF CONDUCT In exercising powers and performing duties under the Building Code Act, the chief building official and inspectors shall: exercise powers in accordance with the provisions of the Building Code Act, the building code and other applicable law that governs the authorization, construction, occupancy and safety of buildings and designated structures, and the actions, duties and qualifications of chief building officials and inspectors; act to identify and enforce compliance where significant contraventions of the Act or regulations are known to exist; apply all relevant building laws, regulations and standards in a consistent and fair manner, independent of any influence by interested parties; not accept any personal benefit which may create a conflict with their duties; or perform duties where a personal interest may create a conflict; obtain the counsel of persons with expertise where the chief building official or inspector does not possess sufficient knowledge to make an informed judgment; and 6. act honestly, reasonably and professionally in the discharge of their duties. 2O O42 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6604/05 Being a by-law to regulate traffic and parking on highways, private property and municipal property within the City of Pickering. WHEREAS pursuant to the Municipal Act, 2001 and the Highway Traffic Act, by-laws may be passed by the councils of municipalities to regulate traffic and parking on highways, private property and municipal property. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: INTERPRETATION In this by-law, (a) "authorized sign" means a sign or other device placed or erected on a highway or elsewhere pursuant to the provisions of this by-law and includes official signs; (b) "boulevard" means all parts of a highway except any roadway, shoulder or sidewalk; (c) "City" means the Corporation of the City of Pickering; (d) "Director" means the City's Director of Operations & Emergency Services or a designate; (e) (f) "driveway" means improved land on a highway which provides vehicular access from a roadway to a laneway or a parking area on adjacent land; "emergency vehicle" has the same meaning as in section 144 of the HTA; (g) "highway" has the same meaning as in subsection 1(1) of the HTA and includes unopened and unassumed road allowances; (h) "HTA" means the Highway Traffic Act, R.S.O. 1990, c. H.8 and any regulations passed under it; (i) "holiday" has the same meaning as in subsection 29(1 ) of the Interpretation Act, R.S.O. 1990, c.1.11; 0) (k) "laneway" means improved land adjacent to a highway which provides access from the highway to adjacent property and includes routes constructed for the purposes of providing site access for emergency vehicles, maintenance vehicles, pedestrians and/or stormwater management; "municipal property" means property of the City or any board of the City; "parking space" means that part of the surface of a roadway, municipal property or pdvate property designated by painted lines for the purpose of parking a vehicle; (m) "pedestrian" means a person on foot or an invalid, child or other person in a wheeled chair or baby carriage; (n) "shoulder" means that part of a highway immediately adjacent to the travelled portion of the roadway and having a surface that has been improved with asphalt, concrete or gravel for the use of vehicles; and (o) "sidewalk" means that part of a highway set aside for the use of pedestrians or used by the general public for the passage of pedestrians. Unless the term is otherwise defined in this by-law, terms defined in subsection 1(1) of the HTA shall have the same meanings when used in this by-law. Where any expression of time occurs or where any hour or other period of time is stated in this by-law, the time referred to shall be standard time except in periods when daylight saving time is in effect, in which periods it shall be daylight saving time. The Schedules referred to in this by-law shall form part of this by-law and each entry in a column of a Schedule shall be read in conjunction with the entry or entries across from it. Unless otherwise specified, references in this by-law to sections, subsections, clauses and Schedules are references to sections, subsections, clauses and Schedules in this by-law. If a court of competent jurisdiction declares any section, or any part of any section, of this by-law to be invalid, or to be of no force or effect, it is the intention of the City that every other provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law. The distances identified on the Schedules shall be determined by measuring from the extension of the nearest curb line or, if there is no curb, from the nearest edge of the pavement. GENERAL The Director is authorized to place, erect and maintain such signs as are required to give effect to the provisions of this by-law. The Chief of Police of the Durham Regional Police Service or a designate and the Director are authorized to erect or place temporary "No Parking" signs and "No Stopping" signs on any highway. 10. No person shall place, maintain or display on any highway, any sign, marking or device, which purports to be or is an imitation of or resembles an authorized sign or an official sign. GENERAL STOPPING AND PARKING REGULATIONS 11. No person shall park or stop any vehicle on any highway except, (a) where there is a curb, on the right side of the roadway, having regard to the direction such vehicle was proceeding, with the right front and right rear wheels parallel to and not more than 15 centimetres out from such curb; or (b) where there is no curb, with the right front and right rear wheels parallel to and as near to the right hand limit of the highway as is practicable without parking or stopping on or over a sidewalk, footpath or boulevard. 12. No person shall park or stop any vehicle, (a) except wholly within a parking space; (b) so as to occupy more than one parking space; or (c) in such a manner as will prevent other persons from utilizing adjacent parking spaces or obstruct the flow of traffic. 13. (1) In this section, (a) "bus stop" means that part of the highway designated by a sign where buses will stop to take on or let off passengers; and (b) "crosswalk" has the same meaning as in subsection 1 (1) of the HTA and includes pedestrian crossovers and school crossings. (2) No person shall stop any vehicle on any highway, (a) on or over a sidewalk or footpath; (b) within an intersection or crosswalk; (c) within I0 metres of a crosswalk; (d) while salt or sand is being applied to, or when snow is being ploughed or removed from, any part of a highway; (e) in such a manner as to interfere with highway cleaning operations; (f) on the roadway alongside of any stopped or parked vehicle; (g) upon any bridge or elevated structure or within any tunnel or underpass; (h) on any median stdp separating two roadways or adjacent to either side or ends of such median strip; (i) in a bus stop, except to temporarily stop for the purpose of and while actively engaged in loading or unloading passengers when such stopping does not interfere with any bus; (j) alongside or across a highway from any excavation or obstruction in the roadway where the free flow of traffic would thereby be impeded; or (k) in such a manner as to interfere with the movement of traffic. 14. No person shall stop any vehicle on a highway, (a) within 15 metres of a pedestrian crossover measured on each side of the highway in the direction of travel of vehicles on that side of highway; (b) within 30 metres of a pedestrian crossover measured on each side of the highway in the direction opposite to the direction of travel of vehicles on that side of the highway; or (c) between the hours of 8:30 a.m. and 4:30 p.m., Monday to Fdday inclusive, on either side of a highway or portion of a highway that is adjacent to a school. 15. No person shall park any vehicle on a highway, (a) within I metre of a driveway or laneway or so as to obstruct vehicles in the use of the driveway or laneway; (b) within 3 metres of a point on the curb or edge of the roadway adjacent to any fire hydrant; (c) (d) (e) (0 (g) (h) (i) (J) (k) (I) within 10 metres of an intersecting roadway or, where authorized signs to that affect are erected, within a distance of up to 30 metres of an intersection; for the purpose of displaying the vehicle for sale; for the purpose of washing, greasing or repairing the vehicle except for such repairs as have been necessitated by an emergency; alongside the tracks of any railway; within 30 metres of the approach side of the nearest rail of any level crossing of a railway; within 15 metres of the leaving side of the nearest rail of any level crossing of a roadway; on any boulevard; for a period longer than three (3) hours; within the turning circle of a cul-de-sac; or within 15 metres of the end of the roadway on a dead end highway. 4 16. No person shall park any vehicle on, (a) private property without the consent of the owner or occupant of such property; or (b) any roadway or laneway on private property marked as a fire route by a sign displaying the information "No Parking" or a symbol in lieu thereof and the words "Fire Route". 17. No person shall park or stop any vehicle on municipal property where, by means of one or more signs, it is indicated that parking or stopping is not permitted. 18. No person shall park any vehicle, (a) within 30 metres of a Regional road on an intersecting highway under the jurisdiction of the City; (b) on any highway within 8 metres of any fire hall on the side of the highway on which the fire hall is located or within 30 metres of such fire hall on the opposite side of the highway; (c) (d) on either side of a highway or portion of a highway which is immediately adjacent to a park or playground; or 19. Nothing in sections 11 through 19 shall be deemed to permit the stopping or parking of a vehicle where stopping or parking is prohibited. STOPPING PROHIBITIONS ON SPECIFIC HIGHWAYS 20. No person shall stop a vehicle on any highway on that side and between those limits set out in Columns 1,2 and 3 of Schedule 1 during the prohibited times or days set out in Column 4 of Schedule 1. PARKING PROHIBITIONS ON SPECIFIC HIGHWAYS 21. No person shall park a vehicle on any highway on that side and between those limits set out in Columns 1,2 and 3 of Schedule 2 during the prohibited times or days set out in Column 4 of Schedule 2. COMMERCIAL VEHICLES 22. (1) In this section, "commercial vehicle" means any vehicle designed or operated for the transportation of property, or a bus, which vehicle or bus exceeds 2.6 metres in width or 7 metres in length. (2) No person shall park any commercial vehicle on any highway, except in an industrial area, unless the commercial vehicle is actually engaged in the loading and unloading, delivery and receipt of goods, wares, merchandise or passengers to adjacent premises. SCHOOL BUS LOADING ZONES 23. No person shall stop a vehicle, other than a school bus actually engaged in the receiving or discharging of school children, in any school bus loading zone on any highway on that side and between those limits set out in Columns 1, 2 and 3 of Schedule 3 dudng the prohibited times and days set out in Column 4 of Schedule 3. DISABLED PERSON PARKING 24. (1) In this section, (a) "designated parking space" means a parking space identified by an official sign for the exclusive use of a vehicle displaying a disabled person parking permit; (b) "disabled person" has the same meaning as in section I of Reg. 581, R.R.O. 1990; 045 (2) (3) (c) "disabled person parking permit" means a disabled person parking permit issued under the HTA or a similar permit, number plate or other marker or device bearing the international symbol of access for the disabled and issued by another jurisdiction; (d) "dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (e) "dwelling unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; and "parking lot" means any parking lot or other parking facility, to which the public has access, whether on payment of a fee or otherwise, for the purpose of parking vehicles. A disabled person parking permit issued to an individual is not valid when displayed on a vehicle and the vehicle is not being used to pick up or transport the holder of the disabled person parking permit. ^ disabled person parking permit issued to a corporation or organization is not valid when displayed on a vehicle and the vehicle is not being used to pick up or transport a disabled person. (4) A disabled person parking permit shall be displayed on the sun visor or on the dashboard of a vehicle so that the international symbol of access for the disabled, the permit number and the expiry date of the permit are clearly visible from the outside of the vehicle. (5) Every owner and operator of a parking lot shall provide a minimum number of designated parking spaces therein in accordance with the following table: (6) (7) (8) Total Number of Parking Spaces Minimum Number of Designated Parkin.q Spaces I - 50 I 51-100 2 101-150 3 151 - 200 4 201-400 5 401-800 8 Over800 8 plus I for each additional 200 parking spaces in parking lot For the purpose of calculating the required minimum number of designated parking spaces for multi-unit residential developments consisting of 10 or more dwelling units, the requirements of subsection (5) shall be applied only to the visitor parking provided for the development. Subsection (5) shall not apply to residential developments consisting of less than 10 dwelling units. Each designated parking space shall be, (a) hard surfaced and be painted with a non-slip paint in bright blue for the entire surface, with the universal symbol of access overlaid in white or yellow paint; (b) level; (9) (10) (c) a minimum width of four metres; (d) a minimum length of 5.3 metres; (e) a minimum vertical clearance of 2.75 metres; (f) located so sidewalks, paths or walkways will be accessible to disabled persons whether via ramps, aisles, depressed curbs, or other appropriate means without requiring a person to pass behind parked cars or cross a traffic lane; (g) located with sufficient clearance around the vehicle in terms of other vehicles or obstacles such as light standards and waste receptacles to permit free access by a wheelchair; (h) identified by the official sign be mounted with the base of the sign no less than 1.7 metres and no more than 2.0 metres above grade; and (i) located in a place approved by the City. Where the City permits a gravel surfaced parking space, each designated parking space shall, (a) be identified with a pre-cast bumper curb across its entire width painted a bright blue and securely anchored in place; and (b) meet the requirements of clauses (b) through (h) inclusive of subsection (3). No person shall park such a vehicle in a designated parking space unless, (a) the vehicle is displaying a valid disabled person parking permit; and (b) the vehicle is being operated by or is conveying the disabled person to whom the disabled person parking permit has been issued. PERMIT PARKING 25. (1) (2) (3) (4) (5) (6) (7) In this section, the term "parking permit" means a permit issued by the City for the purpose of providing for exemptions from certain parking prohibitions. The City Clerk is authorized to issue a parking permit to one occupant of each residence that fronts onto the streets identified in Schedule 4. No person other than an occupant of a residence that fronts on a street named in Schedule 4 shall acquire a parking permit. No person shall use a parking permit in a manner or for a purpose not provided for in this section. A parking permit shall be displayed by affixing it to the sun visor on the passenger's side of a motor vehicle parked on the street named on the parking permit and by turning the sun visor so that the parking permit is readily visible from the outside of the vehicle on the passenger's side. A parking permit shall be valid for a period of one year from its date of issuance unless it is has been cancelled pursuant to subsection (7). A parking permit shall be cancelled by the City Clerk where, (a) it was issued on false or mistaken information; (b) the person to whom it is issued ceases to be an occupant of a residence on a street named in Schedule4; or (c) a valid parking permit has already been issued to an occupant of the same residence. (8) Notwithstanding the provisions of any section of this by-law, the owner and the driver of a vehicle on which a parking permit is displayed in accordance with subsection (5) is exempt from subsection 5(1) in respect of the street named on the permit. TURNING MOVEMENTS PROHIBITED., 26. No vehicle in any intersection or portion of highway set out in Column 1 of Schedule 5 proceeding in the direction or emerging from a property set out in Column 2 of Schedule 5, shall be turned in the direction set out in Column 3 of Schedule 5, during the times or days set out in Column 4 of Schedule 5. THROUGH HIGHWAYS 27. (1) The highways set out in Schedule 6 are designated as through highways for the purposes of the HTA. (2) The designation in subsection (1) of a highway or portion of highway as a through highway shall not include any intersection where the highway intersected is a King's highway or where traffic control signals are installed. .STOP SIGNS 28. The erection of stop signs is authorized at each of the intersections set out in Column 1 on the highway approaches as identified in Column 2 of Schedule 7. YIELD SIGNS 29. The erection of yield right-of-way signs is authorized at each of the intersections set out in Column 1 on the highway approaches as identified in Column 2 of Schedule 8. RATE OF SPEED 30. No person shall drive a vehicle at a rate of speed greater than 50 km/h unless otherwise posted. 31. Where any highway or portion of highway set out in Schedule 9 is signed in compliance with the regulations under the HTA, the maximum rate of speed thereon shall be the rate of speed prescribed in Schedule 9. HEAVY VEHICLES 32. (1) In this section, "heavy vehicle" means a vehicle, object or contrivance for moving loads, having a gross weight, including vehicle, object or contrivance and load, in excess of 4,500 kilograms but does not include emergency vehicles, school purpose vehicles or any vehicle operated by or on behalf of the City, regardless of weight, while on City business. (2) Heavy vehicles are prohibited on highways or parts of highways set out in Column 1 of Schedule 10 between the limits set out in Column 2 of Schedule 10. (3) Subsection (2) shall not apply to the use of highways or parts of highways for deliveries to or removals from any premises abutting the highway that cannot be reached except by way of the highway or a portion of highway. (4) The Director is authorized to issue permits for the movement on highways under the jurisdiction of the City of vehicles, loads, objects or structures which are in excess of the dimensional limits set out in Part VII of the HTA or the weight limits set out in Part VIII of the HTA. PEDESTRIAN CROSSOVERS 33. The highways set out in Column 1 of Schedule 11, at the locations set out in Column 2 of Schedule 11, are designated as pedestrian crossovers. 8 REDUCED LOAD HIGHWAYS 34. Fo rthe p ur poses of subsections 122 (1), (2) stand (3) of the HTA, the. reduced oad. thPeri°d shall be that period commencing on March 1 of each year and ending on Apnl 30 of each year. 35. The highways to which the reduced load period designation applies shall be those highways or portions thereof as set out in Schedule 12. RETAIL SALES 36. (1) No person shall sell or offer for sale by retail any goods, wares, merchandise, produce, food or other edible substance or beverage within the limits of any highway. (2) Any person who has the authority to enforce this by-law who has reason to believe that any object or thing referred to in subsection (1) is placed or left on any highway in contravention of this by-law, may cause the object or thing to be removed and taken to and stored in a suitable place and all costs and charges for such removal and storage shall be a lien upon it which may be enforced in the manner provided by the Repairand Storage Liens Act, R.S.O. 1990 c. R.25. (3) If there is a person in charge of the object or thing referred to in subsection (1), the person authorized to enforce this by-law shall produce appropriate identification and inform the person that the object or thing is on a public highway contrary to by-law and shall give a receipt to the person for the objects or things removed. (4) Any object or thing removed and stored in accordance with subsection (2) and not claimed by the owner within sixty (60) days shall become the property of the City and may be sold and the proceeds shall form part of the general funds of the City. (5) Notwithstanding subsections (2) and (4), anything that is perishable shall become the property of the City immediately upon being removed and may be destroyed or given to any charitable institution. (6) None of the provisions of this section shall apply to any retail activity in respect of which the City has issued a licence. ENFORCEMENT 37. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine for each offence as provided for in the Provincial Offences Act, RS.O. 1990, c. P.33. For purposes of this section a separate violation shall be deemed to have been committed for each and every day during which any such contravention continues, and conviction in respect of a contravention shall not operate as a bar to further prosecution if such contravention continues. 38. Part II of the Provincial Offences Act applies in respect of all parking infractions under this by-law. 39. Any person who has the authority to enforce this by-law, upon discovery of any vehicle parked, stopped or standing in contravention of this by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. 40. Where a vehicle has been parked, stopped or left standing in contravention of this by- law, the owner of the vehicle, notwithstanding that the owner was not the driver of the vehicle at the time of the contravention, is guilty of an offence unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner's consent. 040 41. For the purposes of this by-law, where a number plate issued pursuant to the HTA is exposed on a vehicle, the holder of the permit corresponding to such plate shall be deemed to be the owner of that vehicle and, if such vehicle is found in contravention of this by-law, the owner shall be guilty of an offence, unless the number plate was used without the owner's consent. 42. The provisions of this by-law may be enforced by, (a) a police officer pursuant to subsection 42(1)(h) of the Po/ice Sen/ices Act, R.S.O. 1990, c. P.15; and (b) municipal by-law enforcement officers appointed by the City pursuant to subsection 15(1) of the Police Sen/ices Act. APPLICATION 43. This by-law applies to all highways under the jurisdiction of the City and, where applicable, to municipal property and private property. 44. This by-law shall not, if compliance therewith would be impracticable, apply to, 45. (a) emergency vehicles or public utility vehicles; (b) vehicles actually engaged in works undertaken for or on behalf of any municipal corporation; or (c) vehicles actually forming part of a funeral procession for as long as may reasonably be required for the purpose of such funeral. This by-law shall come into force and take effect on the date that the Chief Judge of the Ontario Court (Provincial Division) approves set fines for offences under this by-law. 46. Sections 14, 16, 17,18, 20, 21,23, 25, 26, 28, 29, 31,32, 33 and 34 shall not be effective unless authorized signs that clearly indicate the regulation or prohibition have been erected. REPEAL 47. (1) The following by-laws, as amended, are repealed: (a) (b) (c) 1684/83 (d) 2359/87 (e) 2366/87 (f) 2632/88 (g) 3604/90 (h) 6181/03 (i) 6300/04 55/74, prohibiting heavy traffic on municipal highways; 1660/83 prohibiting the sale of goods on highways; establishing pedestrian crossovers on municipal highways; establishing various stopping, parking and standing controls; providing for the designation of through highways; providing for the erection of stop controls; prohibiting turning movements on municipal highways; establishing speed limits on municipal highways; and providing for the designation of reduced loads highways. (2) After the date of the passing of this by-law, the repealed by-laws as noted in subsection (1) shall apply only to those ,enforcement proceedings that had been initiated prior to the date this by-law is enacted, and then only until such enforcement proceedings have been concluded. BY-LAW read a first, second and third time and finally passed this 19th day of December 2005. David Ryan, Mayor Debi A. Bentley, City Clerk 05; Due to the size of the schedule to By-law 6604/05, it has not been reproduced in the Agenda but is available in the Clerk's Division. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6605/05 Being a by-law to provide for Civil Marriage Services to be offered by the City of Pickering WHEREAS changes to the regulations under the Marriage Act (through O. Reg 285~04) now authorize clerks of local municipalities to perform civil marriages; AND WHEREAS municipalities have the option to offer civil marriages as a municipal service if they so choose and to set fees to recover the cost of providing this service: NOW THEREFORE BE IT ENACTED: THAT the City of Pickering "opt in" to providing civil marriage services; THAT civil marriage services be provided Monday to Fdday in the Council Chambers, Pickering Civic Complex, One The Esplanade, Pickering; THAT the fee for civil marriages be set at $250.00. BY-LAW read a first, second and third time and finally passed this 19th day of December, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6606~05 Being a by-law to amend By-law Number 6519/05 to confirm General Municipal Fees and Charges pursuant to the Municipal Act, 2001. WHEREAS the Council of The Corporation of the City of Pickering enacted By-law Number 6519/05 on May 2, 2005 to confirm general municipal fees and charges pursuant to the Municipal Act, 2001; WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to amend the User Fees pertaining to Planning Applications, Agreements and Bylaws, in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule "r' to By-law Number 6519/05, as it pertains to fees associated with Planning Applications, is hereby repealed and the following is substituted therefore: PLANNING & DEVLOPMENT DEPARTMENT User Fee or Charge Fee (Fee includes GST where applicable) PLANNINNG APPLICATIONS (these fees are imposed under the authority of the Planning Act, R.S.O. 1990, c.P 13) Minor Variance Accessory Structure Existing Building Vacant Land Application Tabling Special Meeting Zoning By-law Amendment Zoning By-law Recirculation Oak Ridges Moraine Zoning By-law- Removal of Holding Ministers Zoning Order Amendment Minor Major Pickering Official Plan Amendment Pickering Official Plan Amendment Recirculation Oak Ridges Moraine Official Plan Amendment Regional Official Plan Amendment (not part of a Pickering OPA) Land Division Comments Land Division Clearance of Conditions $ 200 $ 350 $ 1,500 $ 200 $ 750 $ 5,000 $ 5O0 $ 500 $ 2,225 $ 1,000 $ 1,600 $ 8,000 $ 500 $ 500 $ 5,000 $ 700 $ 300 0 5 3 054 -2- Base Fee Per Unit Fee Agreement Fee Approval Package Fee Assumption Package Fee Clearance Release Fee Recirculation Draft Plan of Condominium Recirculation Agreement Fee Release Conversion Revisions to a Draft Approved Plan (Red Line Revisions) Site Plan Residential Base Fee Per Unit Commercial Base Fee per 2,000 m2 fee Industrial Base fee per 2,000m2 fee Agreement Fee Amending Site Plan Agreement Minor Revision Major Revision Clearance Part Lot Control By-law Base Fee Per unit fee $10,000 $ 135 $ 3,000 $ 350 $ 1,000 $ 1,000 $ 5O0 $ 6,500 $ 500 $ 2,000 $ 1,0u0 $ 1,000 $ 1,000 $ 2,500 $ 175 $ 2,500 $ 85O 2,500 5OO 750 400 75O 2,5OO 250 500 25 The following fees noted under AGREEMENTS & BY-LAWS are herby deleted: Subdivision, Condom nium, Site Plan, Part Lot Control By-law and Assumption Package 3. The provisions of this By-law shall be effective January 1, 2006. BY-LAW read a first, second and third time and finally passed this December 2005. 19th day of David Ryan, Mayor Debi A. Bentley, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6607/05 Being a by-law to appoint persons as Lottery Licensing Officers for The Corporation of the City of Pickering. WHEREAS Order-in-Council 2688/93 of the Government of Ontario states that a municipal council may, where it deems it to be in the best interests of the inhabitants of the municipality, issue a licence authorizing an eligible charitable organization to conduct and manage lottery schemes; and WHEREAS it is deemed expedient to delegate this authority to various staff of The Corporation of the City of Pickering to act as Lottery Licensing Officers; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That Council of The Corporation of the City of Pickering hereby delegates its authority to the following staff to issue a licence authorizing an eligible charitable organization to conduct and manage lottery schemes in accordance with applicable Provincial legislation: Debi A. Bentley, City Clerk Debbie Shields, Deputy Clerk Adriana Buchan, Administration Clerk Eileen Maughan, Administration Clerk Christine Richardson, Administration Clerk For the purpose of issuing a licence for a lottery scheme, the persons set out in Section 1 of this By-law shall be known as Lottery Licensing Officers. 3. That By-law No. 5750/00 be hereby repealed. BY-LAW read a first, second and third time and finally passed this 19th day of December, 2005. David Ryan, Mayor Debi A. Bentley, City Clerk 055 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6608~05 Being a By-law authorize the execution of a Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues WHEREAS in order to facilitate the transfer of gas tax revenues from the Government of Canada to the City of Pickering it is necessary to execute a Municipal Funding Agreement. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities with the Association of Municipalities of Ontario in the form attached as Schedule "A" to this By- law. BY-LAW read a first, second and third time and finally passed this 19th day of December 2005. David Ryan, Mayor Debi A. Bentley, City Clerk Schedule A O5? MUNICIPAL FUNDING AGREEMENT FOR THE TRANSFER OF FEDERAL GAS TAX REVENUES UNDER THE NEW DEAL FOR CITIES AND COMMUNITIES This Agreement made in duplicate as of__ day of ,2005. BETWEEN: AND: The Association of Municipalities of Ontario (referred to herein as "AMO") The Corporation of the City of Pickering (referred to herein as the "Recipient") WHEREAS Ontario municipalities recognize that all governments must work together collaboratively and in harmony to ensure that investments in communities are strategic, purposeful and forward-looking. WHEREAS this Agreement includes the specific provisions on the utilization of the transfer of federal gas tax for environmentally sustainable municipal infrastructure to primarily suppod environmental sustainability objectives under Canada's New Deal for Cities and Communities. WHEREAS Ontario municipalities agree that open communication with the public will best serve the right of Canadians to transparency, public accountability, and full information about the benefits of New Deal investments in communities. WHEREAS the Recipient wishes to enter into this Agreement in order to padicipate in the transfer of federal gas tax as pad of the New Deal for Cities and Communities. WHEREAS AMO is carrying out the fund administration and coordinating role as is obligated in the Canada-Ontario-AMO-City of Toronto Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities to undertake cedain activities and requires Recipients to undertake activities as set out in the Agreement. THEREFORE the Padies agree as follows: 05" 1. DEFINITIONS AND INTERPRETATION 1.1. Definitions. When used in this Agreement (including the cover and execution pages and all of the schedules), the following terms shall have the meanings ascribed to them below unless the subject matter or context is inconsistent therewith: "Agreement" means this Agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. "Annual Expenditure Report" means the written annual report to be prepared and delivered to AMO as set out in Section 7.1 hereto. "Association of Municipalities of Ontario (AMO)" means a legally incorporated entity under the Corporations Act (Ontario). "Audit Statement" means a written audit statement to be prepared and delivered to AMO as set out in Section 7.1 hereto. "Base Amount" means the total municipally-funded capital spending on Municipal Infrastructure by tile Recipient in tile period January 1, 2000 to December 31, 2004 less monies raised under the Development Charges Act, 1997 (Ontario) and received under Infrastructure Programs. "Canada" means Her Majesty in Right of Canada represented by the Minister of State (Infrastructure and Communities). "Capacity Building Projects" means projects and activities that strengthen the ability of the Recipient to develop and implement integrated community sustainability plans, as more particularly described in Section 4.3. "Capital Investment Plan" means a document, such as a capital plan, created through a public process, with appi'oval from municipal elected officials, providing a detailed understanding of anticipated investments into tangible capital assets that are considered "priorities", along with a rationale. "Environmentally Sustainable Municipal Infrastructure (ESMI) Projects" means Municipa/Infi'astructure projects that: i. improve the quality of the environment and contribute to reduced greenhouse gas emissions, clean watei', or clean air; and ii. fall within the category of projects described in Section 4.1 hereto. 2 05 ) "Eligible Costs" means those costs described in Schedule B attached hereto, incurred in respect of Eligible Projects. "Eligible Projects" means Capacity Building Projects and ESMI Projects as defined in Section 4.1 hereto. "Eligible Recipient" means: i. a Municipafity or its duly authorized agent (including its wholly owned corporation); ii. a non-municipal entity, on the condition that the Municipality where the proposed Efigible Project would be housed has indicated support for the Eligible Project through a formal resolution of the municipal council. A non-municipal entity includes: · for-profit organizations or · non-governmental organizations, or · not-for-profit organizations. iii. Local Roads Boards and Local Services Boards in territory not within the jurisdiction of a Munic,:pality. Federal and provincial entities in the form of departments, corporations and agencies are not eligible recipients. "End of Funds" means March 31, 2010. "Event of Default" has the meaning given to it in Section 12.1 of this Agreement. "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year. "Funds" mean the Funds made available pursuant to this Agreement and includes any interest earned on the said Funds. "Infrastructure Program" means Canada's infrastructure programs in existence at the time of the execution of this Agreement including: The Canada Strategic Infrastructure Fund, The Border Infrastructure Fund, The Municipal Rural Infrastructure Fund and The Infrastructure Canada Program. "Integrated Community Sustainability Plan" means a long-term plan, developed in consultation with community members that provides direction for the community to realize sustainability objectives, including environmental, culture, social and economic objectives, as defined in Schedule G. 060 "Large Municipalities" rneans those Municipalities with a 2001 National Census data population of 500,000 or more including the Regional Municipalities of Durham, Peel and York and the Cities of Mississauga and Ottawa. "Lower' Tier Municipality" means a municipality that forms part of an upper-tier Municipality for municipal purposes, as defined under the Municipal Act, 2001 (Ontario). "Municipal Fiscal Year" means the period beginning January 1 of a year and ending December 31 of the same year. "Municipal Infrastructure" means tangible capital assets in Ontario primarily for public use or benefit owned by the Recipient. "Municipality" means even/municipality as defined in the Municipal Act, 2001 (Ontario). "Outcomes Report" means a written report prepared by the Recipient which reports on the outputs and outcomes of the use of the Funds according to Section 7.2 hereto. _ "Oversight Committee" means the committee established to manage the implementation of the Canada-Ontario-AMO-City of Toronto Agreement for the Transfer of Federal Gas Tax Revenues' Under the New Deal for Cities and Communities, "Parties" means AMO and the Recipient. "Recipient" has the meaning given to it on the first page of this Agreement. "Third Party" means any person, other than a party to this Agreement that participates in the implementation of an Eligible Project. "Upper Tier Municipality" means a Municipality of which two or more lower-tier municipalities form part for municipal purposes, as defined under the Municipal Act, 2001 (Ontario). 1.2. Interpretations: Herein, etc. The words "herein, "hereof" and hereunder and other words of similar import refer to this Agreement as a whole and not any particular schedule, article, section, paragraph or other subdivision of this Agreement. 4 Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. Statutes. Any reference to a federal or provincial statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or mOdified and in effect and to any statute or regulations that may be passed that have tile effect of supplementing or superseding such statute or regulations. Gender, singular, etc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 06j_ 2. TERM OF AGREEMENT 2.1. Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuan[ to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including March 31, 2015. 2.2. Notice. Any Party may terminate this Agreement on two (2) years written notice. 2.3. End of Funds. Notwithstanding anything in this Agreement and regardless of the Eligible Project's state of completion, AMO shall not be obligated to provide Funds under this Agreement after the End of Funds. 3. RECIPIENT REQUIREMENTS 3.1. The Recipient agrees to undertake and: a. submit in writing to AMO for the local roads and bridges Eligible Project category prior to spending the Funds the appropriate documentation on the impact of such investments on sustainability outcomes in the form in Schedule C of this Agreement hereto: b. ensure that the Funds will result in net incremental capital spending on Municipal Infrastructure; c. ensure that there is no reduction in capital funding provided by municipalities for Municipal Infrastructure. In the case of Recipients that are Municipalities in excess of 100,000 in population, ensure that over the period of April 1, 2005 to March 31, 2010 the Recipient's capital spending on Municipal Infrastructure will not fall below its Base Amount: and, 5 06¢ ensure any of its contracts for the supply of services or materials to implement its responsibilities under this Agreement will be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 4. ELIGIBLE PROJECTS 4.1. Eligible Projects. ESMI Projects include the following: a. Public transit, e.g.: i. Rapid Transit: tangible capital assets and rolling stock (includes light rail, heavy rail additions, subways, ferries, transit stations, park and ride facilities, grade separated bus lanes and rail lines); ii. Transit Buses: bus rolling stock, transit bus stations; iii. Intelligent Transport System (ITS) and Transit Priority Capital Investments; iv. ITS technologies to improve transit priority signalling, passenger and traffic information and transit operations; v. Capital investments, such as transit queue-jumpers and High Occupancy Vehicle (HOV) lanes; vi. Para transit: rolling stock, fixed capital assets and systems; vii._Related capital infrastructure: bu.s-loading bays, road rehabilitation for bus-only lanes; viii. Active transportation infrastructure (e.g., bike lanes). b. Water, e.g.: Drinking water supply; drinking water purification and treatment systems; drinking water distribution systems; water metering systems. c. Wastewater, e.g.: Wastewater systems including sanitary and combined sewer systems; and separate storm water systems. Solid waste, e.g.: Waste diversion; material recovery facilities; organics management; collection depots; waste disposal landfills; thermal treatment and landfill gas recuperation. Community Energy Systems, e.g.: Cogeneration or combined heat and power projects (where heat and power are produced through a single process); District heating and cooling projects where heat (or cooling) is distributed to more than one building. 6 Local roads, bridges and tunnels, active transportation infrastructure (e.g., bike lanes) that enhance sustainability outcomes. 4.2. Exception. For Large Municipalities, the list of eligible categories will consist of no more than two (12) of categories in Section 4.1 a. to e.. 4.3. Capacity Building. All Recipients may also invest in Capacity Building Projects including the following activities: a. Collaboration: building partnerships and strategic alliances; participation; and consultation and outreach; b. Knowledge: use of new technology; research; and monitoring and evaluation; c. Integration: planning, policy development and implementation (e.g., environmental management systems, life cycle assessment). 4.4, Recipient fully responsible. The Recipient shall be fully responsible for the complete, diligent and tinnely implementation and completion of the Eligible Project, net of any Funds received. 4.5. Environmental Assessment. The Recipient shall comply with all legislated environmental assessment requirements and agree that no Funds will be committed to an Eligible Project until all environmental assessment requirements have been satisfied including the implementation of all mitigation measures identified in any environmental assessment of the Eligible Project. 5. ELIGIBLE COSTS 5.1. Eligible Costs. In order for cost to be eligible for Funds pursuant to this Agreement the cost must be in accordance with Schedule B. 5.2. Discretion of Canada. Subject to Section 5.1, the eligibility of any items not listed in Schedule B to this Agreement is solely the discretion of Canada. 5.3. Reasonable Access. The Recipient shall permit Canada reasonable access to all records relating to all Eligible Projects that have received Funds.- 5.4. Retention of Receipts. The Recipient shall retain all evidence (such as invoices, receipts, etc) of payments related to Eligible Costs and such supporting documentation must be available to Canada when requested and maintained by the Recipient for audit purposes for at least three (3) years after March 31, 2015. 7 O64 FUNDS 6.1 · Allocation of Funds. AMO will allocate the Funds to Recipients on a per capita basis with allocations made on a 50:50 basis to Upper Tier Municipafities and Lower Tier Munic¢oalities, where they exist. 6.2. Transfer of Funds. Where a Recipient decides to allocate Funds to another Eligible Recipient it must be done by by-law. The by-law must be passed and submitted annually to AMO on or before March 31s~. The by- law will identify the Eligible Recipient and the amount of Funds the Eligible Recipient is receiving for that Municipal Fiscal Year. Transfer of Funds Reporting. In the case of a Recipient transferring Funds in Section 6.2 of this Agreement the Recipient is still required to submit an Annua/Expenditure Report as per Section 7.1 a., c and f. The E/igib/e Recipient is responsible for all other provisions of Section 7.1 and 7.2. 6.3. Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Eligible Costs in respect of Eligible Projects. 6.4. Schedule of payout of Funds. The Recipient has agreed that all Funds are to be transferred by AMO electronically to the Recipient twice yearly on or before July 15th and November 15% More specifically on the basis set out in Schedule A. 6.5. Use of Funds. The Recipient is permitted to carry over unexpended Funds from the year received into subsequent years in a reserve fund account. The Recipient shall ensure: a. Any investment of unexpended Funds be in accordance with Ontario law and the Recipient's investment policy; and, b. Any interest earned on Funds be only applied to Eligible Costs on Eligible Projects or to eligible administration costs on the basis set' out in Schedule B. 6.6. Funds advanced, tf Funds advanced by AMO to the Recipient are not paid by the Recipient in respect of Eligible Costs within three (3) years after the end of the year in which the advance payment was received, AMO shall consult with the Recipient and may elect to withhold further payment of Funds on the basis set out in Schedule A hereto. 6.7. Expenditure of Funds. The Recipient shall expend all Funds by March 31, 2012. 6.8. GST. The use of Funds is based on the net amount of goods and services tax to be paid by the Recipient pursuant to the Excise Tax Act (Canada), net of any applicable rebates. 6.9. Limit on Canada's Financial Commitments. The Recipient may use Funds to pay up to one hundred percent (100%) of Eligible Costs of an Eligible Project. However, if the Recipient is receiving money under an Infrastructure Program in respect of an Eligible Project to which the Recipient wishes to apply Funds, the maximum federal contribution limitation set out in any Infrastructure Program contribution agreement made in respect of that Eligible Project shall continue to apply. 6.10.Withholding Payment. AMO may withhold payment of Funds where the Recipient is in default of compliance with any provisions of this Agreement. 6.11.Insufficient funds provided by Canada. If Canada does not provide sufficient funds to continue the Funds for any Fiscal Year during which this Agreement is in effect, AMQ may terminate this Agreement in accordance with the terms specified in Section 12.4 of this Agreement. 06,5 7. REPORTING REQUIREMENTS 7.1. Annual Expenditure Report. The Recipient shall report in the form in Schedule D hereto due by March 31st following the Municipal Fiscal Year on: a. the amounts received from AM© under this Agreement in respect of the previous Municipal Fiscal Year; b. the amounts received from another Eligible Recipient; c. the amounts transferred to another Eligible Recipient; d. amounts paid by the Recipient in aggregate for Eligible Projects; e. amounts held at year end by the Recipient in aggregate, includin9 interest, to pay for Eligible Projects; f. indicate in a narrative the progress that the Recipient has made in meeting its commitments and contributions; 9. a listin9 of all Eligible Projects that have been funded, indicating the location, investment category, amount of Funds, nature of the investment and expected outcomes, as identified in Schedule E; and, h. an annual Audit Statement prepared by the Recipient's auditor in accordance with section 5815 of the Canadian Institute of Chartered Accountants Handbook - Special Reports -- Audit Reports on Compliance With A9reements, Statutes and Regulations, providin9 assurance that the terms of the Agreement have been adhered to and Funds received by the Recipient have been spent in accordance with the Agreement. 7.2. Outcomes Report. The Recipient shall account in writing for outcomes achieved as a result of the Funds through an Outcomes Report [o be submitted to AMO and to be made available publicly in manner consistent with financial reporting under the Municipa/Act, 2001 S.O. 2001 c.25. The Outcomes Report will report in writing on the cumulative investments made, in a manner to be provided by AMO, including information on the degree to which these investments have actually contributed to the objectives of cleaner air, cleaner water and reduced greenhouse gas emissions. 8. OTHER REQUIREMENTS 8.1 · Capital Investment Plan. The Recipient acknowledges and agrees to undertake and complete, prior to the end of the fourth year of this Agreement, a Capital Investment Plan. 8.2. Integrated Community Sustainability Plan· The Recipient acknowledges and agrees that over the life of this Agreement to develop or enhance an Integrated Community Sustainability Plan, either bY itself or as part of some higher level of agglomeration, as in Schedule G hereto. 8.3. Public Sector Accounting Board. The Recipient acknowledges and agrees that prior to March 31, 2010, the Recipient will adopt and use the accounting rules of the Public Sector Accounting Board, in accordance with provincial regulations 9. RECORDS AND AUDIT 9·1· Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to thern; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (GAAP) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended from time to time by the Canadian Institute of Chartered Accountants or any successor institute, applied on a consistent basis. 9.2. Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, 10 statements, receipts and vouchers in respect of Eligible Projects that Funds are paid in respect of for three (3) years after the March 31,201 5. Upon reasonable notice, the Recipient shall submit all records and documentation relating to the Funds to Canada for inspection or audit. 9.3. External Auditor. Canada may request, upon written notification and AMO has agreed, to complete and provide to Canada an audit of Eligible Project. AMO shall require the assistance of an external auditor to carry out an audit of the material referred to in Section 9.2 of this Agreement. If so, the Recipient shall, upon request, retain an external auditor acceptable to Canada and AMO at the Recipient's sole expense. The Recipient shall ensure that any auditor who conducts an audit pursuant to this section of this Agreement or otherwise, provides a copy of the audit report to AMO and Canada at the same time that the audit report is given to the Recipient. 067 10. INSURANCE AND INDEMNITY 10.1.Insurance. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained for the period during which this Agreement is in effect all the necessary insurance that would be considered appropriate for a prudent Recipient of this type undertaking a project similar to the E/igib/e Projects, including, where appropriate and without limitation, property, construction and errors and omissions insurance and identifies Canada and AMO as additional insured for the purposes of the E//g/Me Projects only. 10.2. Certificates of Insurance. Throughout tine term of this Agreement, the Recipient shall provide AMO with a valid certificate of insurance that confirms the requirements of Section 10.1. IO.3.AMO not liable. In no event shall Canada and AMO be liable for: a. Any bodily injury, death or property damages to the Recipient, its employees, agents or consultants or for any claim, demand or action by any Third Party against the Recipient, its employees, agents or consultants, arising out of'or in any way related to this Agreement; nor b. Any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents or consultants arising out of any or in any way related to this Agreement. lO.4.Recipient to Indemnify. The Recipient agrees to indemnify and hold harmless Canada and AMO, its officers, servants, employees or agents, from and against all claims and demands, loss, costs, damages, actions, 11 065 suits or other proceedings by whomsoever brought or prosecuted in any manner based upon, or occasioned by any injury to persons, damage to or loss or destruction of property, econornic loss or infringement of rights caused by or arising directly or indirectly from: a. the Recipient's Eligible Projects; b. the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, employees and agents, or by a Third Party, its officers, employees, or agents; c. the performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, employees and agents, or by a Third Party, its officers, employees, or agents. d. the design, construction, operation,..maintenance and repair of any part of all Eligible Projects; and e. any omission or other wilful or negligent act of the Indemnifier or Third Party and their respective employees, officers, or agents. 10.5. Exception. Except to the extent to which such claims and demands, losses, costs, damages, actions, suits, or other proceedings related to the act or negligence of an officer, employee, or agent of AM© in the performance of his or her duties. 11.TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE 11.1. Retain Title. The Recipient shall retain title to, and ownership of, the Municipal Infrastructure resulting from the Eligible Project for at least ten (10) years after the Eligible project completion. 11.2.Repayment. Any time within ten (10) years from the date of completion of the Eligible Project, the Recipient sells, leases, encumbers or otherwise disposes of, directly or indirectly, any asset constructed, rehabilitated or improved, in whole or in part, with funds contributed by Canada under the terms of this Agreement, other than to Canada, Ontario, a Municipality, or a Crown corporation of Ontario that is the latter's agent for the purpose of implementing this Agreement, the Recipient shall repay Canada on demand, a proportionate amount of the funds contributed by Canada, as follows: 12 06S Where Eligible Project asset is sold, Repayment of leased, encumbered or disposed of: contribution (in current dollars) Within 2 Years after Eligible Project 100% completion Between 2 and 5 Years after Eligible Project 55% completion Between 5 and 10 Years after Eligible 10% Project completion 11.3.Notice. The Recipient shall advise Canada and AMO in writing 120 days in advance and at any time during the ten (10) years following the completion of an Efigible Project if any asset constructed, rehabilitated, or improved in whole or in part with Funds is sold, discharged or alienated in any way other than to Canada. 12. DEFAULT AND TERMINATION 12.1 .Event of Default. AMO may declare in writing that an event of default has occurred when the Recipient has not complied with any condition, undertaking or material term in this Agreement. AMO will not declare in writing that an event of default has occurred unless it has consulted with the Recipient. Each and every one of the following events is a potential "Event of DefaulF: a. Failure by the Recipient to deliver an Annual Expenditure Report, Audit Report or the Outcomes Report. b. Delivery of an Annual Expenditure Report or Audit Report that discloses non-compliance with any condition, undertaking or material term in this Agreement. 12.2.Waiver. AMO may withdraw Event of Default if the Recipient, within thirty (30) days of receipt of the notice, either correct the condition or event or demonstrate, to the satisfaction of AMO that it has taken such steps as are necessary to correct the condition. 12.3.Remedies on default. If AMO declares that an Event of Default has occurred, after thirty (30) days of declaration, it may immediately exercise one of the following remedies: a. In the case of default under Subsection 12.1 a., terminate or suspend its obligation to pay the Funds. If AMO suspends payment, it may pay suspended funds if AMO is satisfied that the default has been cured. 13 In the case of any other default, AMO will suspend its obligation to pay Funds related to the event of default pending AMO's satisfaction that the default has been cured. 13.CONFLICT OF INTEREST 13.1. No conflict of interest. No member of the House of Comrnons, the Senate of Canada, the Legislature of the Province of Ontario or AMO Board of Directors will be admitted to any share or part of any Contract made pursuant to this Agreement or to any benefit arising therefrom. 14. NOTICE 14.1.Notice. Any notice, information or document provided for under this Agreement will be effectively given if delivered or sent by letter, postage or other charges prepaid, or by facsimile or email. Any notice that is delivered will have been received on delivery; and any notice mailed shall be deemed to have been received on the eighth (8) calendar day following the day on which it was mailed. 14.2.Representatives. The individuals identified in Section 14.3 of this Agreement, in the first instance, act as AMO"s or the Recipient's, as the case may be, representative for the purpose of implementing this Agreement. 14.3. Addresses for Notice. Further to Section 14.1 of this Agreement, notice can be given at the following addresses: a. If to AMO: Executive Director Federal Gas Tax Agreement Association of Municipalities of Ontario 393 University Avenue, Suite t701 Toronto ON MSG 1E6 Telephone: (416) 971-9856 Facsimile: (416) 971-6191 14 If to the Recipient: Thomas Quinn CAO City of Pickering One the Esplanade Pickering, ON LlV 6K7 07 t Telephone: (905) 420-2222 Facsimile: (905) 420-0515 15. MISCELLANEOUS 15.1.Severability. If for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 5.2.No waiver. The failure of AM© to insist in one or more instances on performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver of AMO's right to require further performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 15.3.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 15.4.Survival. The following schedules, sections and provisions of this Agreement shall survive the expiration or early termination hereof: Sections 5, 7, 9.3, 10.4, 10.5, 11, 12.3, 15.7 and ScheduleG. 15.5.AM0 and Recipient independent. Nothing in this Agreement and no action by the Parties will establish or be deemed to establish a parlnership, joint venture, principal-agent relationship, or employer- employee relationship in any way or for any purpose with Canada or AMO whatsoever. 15.6.No Authority to Represent. Nothing in this Agreement is to be construed as authorizing one Party to contract for or to incur any obligation on behalf of the other or to act as agent for the other. Nothing in this Agreement is to be construed as authorizing any Recipient or any 15 07£ Third Party to contract for or to incur any obligation on behalf of either Pa,~ty or to act as agent for either Party. 15.7.Oebts Due to AMO. Any amount owed to Canada under this Agreement will constitute a debt due to AMO, which the Recipient will reimburse forthwith, on demand, to AMO. 'lS.8.Priority. In the event of a conflict, the part of this Agreement that precedes the signature of the Parties will take precedence over the Schedules. 'I6.SCHEDULES 16.1. This Agreement, including: Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F Schedule G Schedule of Fund Payments Eligible Costs Impact of Investment on Sustainability Outcomes for Local Roads and Bridges Annual Expenditure Report Outcome Indicators Communications Integrated Community Sustainability Plans constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. 16 0 7 17. SIGNATURES IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, sealed and delivered this Agreement on the date set out on the front page. RECIPIENT'S NAME: By: City of Pickering Affix Corporate Seal Name: Title: Date Name: Title: Date THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: Affix Corporate Seal Name: Pat Vanini Date Title: Executive Director In the presence of: Witness Name: Title: Nancy Plumridge Direct. or of Administration and Business Development Date 17 O74 SCHEDULE A SCHEDULE OF FUND PAYMEkfT$ RECtPI£NT'S NAME' City of Pickering 'Tl~e following represents the minimum Funds and schedule of payments over the life of tills Agreemer~r. Year Schedule of Fund Payments July 15th November 15th 2005 $849,577.58 2006 $424,78879 $424,788.79 2007 $566,32181 $566,32182 2008 $707,85483 $707,85484 2009 $1,415,709 67 $1,415,70967 18 SCHEDULE B ELIGIBLE COS TS 075 Eligible Project Costs Eligible Costs are all direct costs which are in Canada's opinion: a. properly and reasonably incurred and paid by the Recipient and no other person; and b. paid under a contract for goods and services necessary for the implementation of an Eligible Project. Eligible costs may include only the following: a. the capital costs of acquiring, constructing, renovating or rehabilitating a tangible capital asset and any debt financing charges related thereto; b. the fees paid to professionals, technical personnel, consultants and contractors specifically engaged to undertake the surveying, design, engineering, manufacturing or construction of a project infrastructure asset and related facilities and structures; c. the costs of environmental assessments, monitoring, and follow-up programs as required by the Canadian Environmental Assessment Act; or a provincial equivalent; d. the costs related to strengthening the ability of municipalities to enhance or develop Integrated Community Sustainability Plans. Employee and Equipment Costs a. In the case of Recipients that are remote municipalities the out of pocket costs (not overhead) related to employees or equipment may be included in its Eligible Costs under the following conditions: i. the Recipient has determined that it is not economically feasible to tender a contract; ii. employees or equipment are employed directly in respect of the work that would have been the subject of the contract; and iii. the arrangement is approved in advance and in writing by the Oversight Committee. Administration Costs a. That portion of Funds representing interest earned may be used to pay for administration costs related to the implementation of the Agreement. Ineligible Project Costs Costs a. b. related to the following items are ineligible costs: Eligible Project costs incurred before April 1st 2005' services or works that are normally provided by the Recipient or a related party' 19 c. salaries and other employment benefits of any employees of the Recipient or related party except as indicated in Section 3 of Schedule B above; d. a Recipient's overhead costs, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its applicant's staff; e. costs of feasibility and planning studies for individual Eligible Projects; f. taxes for which the Recipient is eligible for a tax rebate and all other costs eligible for rebates: g. costs of land or any interest therein, and related costs; h. cost of leasing of equiprnent by the Recipient except for as indicated in Section 3 of Schedule B above; i. routine repair and rnaintenance costs: legal fees; k. administrative costs incurred by the Recipient as a result of implementing this Agreement, subject to Section 4 of Schedule B above; and I. audit and evaluation costs. 2O SCHEDULE C IMPACT OF INVESTMENT ON SUSTAINABILITY OUTCOMES FOR LOCAL ROADS AND BRIDGES PROJECT DOCUMENTATION 07 Municipal Name Municipal Contact Project Description (type of project (i.e. road resurfacing, road or structure rehabilitation, road drainage improvements, traffic signal installation, installation of ~_urnin~q lanes)) Project Location (road name, bridge name, start & end point, lot & concession - attach key plan if available) Project Rationale (benefits and _beneficiaries) ~-~-~cribe which of the outputs are met b this ro'ect ~Other Benefits (if the project benefits are not included in the list of outputs defined in this Schedule C, provide the rationale and the outcomes for the project- i.e. describe how the project will contribute to cleaner air, cleaner water, reduced greenhouse gas emissions.) -E-~timated Project Cost Expected Outcomes-Outputs (provide measurements of the outputs) Notes: Name: Position: Municipal mailing address: Telephone number: Fax number: e-mail: This Schedule must be completed in accordance to instructions provided in "Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities Municipal Funding ,Agreement Guide" which wilt be updated once "output measures" and "outcome measures" contained in Schedule E of this Agreement have been developed, and approved by the Oversight ~'. " 21 07$ 2. Projects using Funds must follow the requirements of this Agreement as outlined in Schedule C hereto and are subject to audit. 3. Recipients are responsible for reporting on Eh'gible Project outcomes set out Schedule E of this Agreement and subject to Section 7.2 of this Agreement. Outcomes and Outputs: 1. Projects involving the restoration and rehabilitation of existing assets in order to extend the asset lifespan by several years i.e. resurfacing existing roadways and structure rehabilitation. 2. Projects incorporating significant quantities of recycled and reclaimed materials i.e. cold-in-place pavement recycling, expanded asphalt recycling and granular base reclamation. 3. Projects which siqnificantly reduce travel times and distances i.e. new roads and bridges that reduce congestion, increasing travel speeds on the road network, create travel time savings and minimize travel distances. 4. Installation of turning lanes i.e. construction of left turn lanes, right turn' lanes, left turn slip around lanes, and right turn tapers. 5. Traffic siqnal installation, traffic signal upgrading and traffic siqnal co- ordination project_ i.e. installation of new traffic signals, upgrading traffic signal installations, and projects to co-ordinate the timing of traffic signals in urban areas. Note: If the Eligible Project is not one of the above outputs, the Recipient must provide the rationale for including the Eligible Project including how the Eligible Project will achieve the outcomes of cleaner air, cleaner water, and reduced greenhouse gases and how the outcomes will be met. 22 SCHEDULE D ANNUAL EXPENDITURE REPORT 07,3 0.00 000 0.00 0.00 0.00 0.00 000 000 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 23 O8O SCHEDULE D ANNUAL EXPENDITURE REIDORT (cont'd) PROGRESS REPORT: PROJECT DETAILS: i.e. Project title, location, investment calegory, amount of Funds, nature of the investment and expected outcomes. 24 SCHEDULE E OUTCOME INDICATORS 08_i The impact of the use of the Funds will be measured through a set of core indicators, to be developed by the Oversight Committee and linked to the following outcomes and outputs: Outcomes: a) Cleaner Air: [DETERMINE INDICATOR] b) Cleaner Water: [DETERMINE INDICATOR] c) Lower Greenhouse Gas Emissions (GHGs): [DETERMINE INDICATOR] Outputs: a) Community Energy Systems: [DETERMINE INDICATOR] b) Public Transit Infrastructure: [DETERMINE INDICATOR] c) Water Infrastructure: [DETERMINE INDICATOR] d) Wastewater Infrastructure: [DETERMINE INDICATOR] e) Changes in effluent quality [DETERMINE INDICATOR] f) Solid waste: [DETERMINE INDICATOR] g) Local Roads and Bridges: [DETERMINE INDICATOR] h) Capacity Building: [DETERMINE INDICATOR] 25 08" SCHEDULE F COMMUNICATIONS The Recipient shall: a. ensure all communications by the Recipient referring to projects funded under this Agreement will clearly recognize Canada's investments; b. ensure permanent signage at the location of projects receiving investments under this Agreement, prominently identifying the Government of Canada's investment and including the Canada wordmark. Where there is no fixed location for signage, such as a transit vehicle, a prominent marker will recognize the Government of Canada's contribution. All signage/plaques will be located in such a way as to be clearly visible to users, visitors and/or passersby; c. regularly report to the public on the outcomes of the investments entered into under this Agreement, including through the Outcomes Reports described in this Agreement; dl ensure the timing of public events shall be sufficient to allow for all orders of government to plan their involvement. The Recipient shall provide a minimum of 21 days notice of an event or announcement; e. unless otherwise arranged, the Recipient shall pay their own costs associated with their communications activities; f. receive appropriate recognition in communications materials; and, g. joint communications material and signage will reflect Government of Canada communications policy, including the Official Languages Act (Canada), and federal-provincial/territorial identity graphics guidelines. 26 SCHEDULE G INTEGRA TED COMMUNITY SUS TAINABILITY PLANS Municipalities in Ontario operate with a sophisticated and comprehensive statutory and regulatory framework and are accountable to their residents for all aspects of municipal policy making, including operations and capital investment activities. Ontario has demonstrated its leadership in sustainability planning through its well-established land-use planning and initiatives to protect the environment and provide safe drinking water in Ontario. Municipalities, through their Official Plans, under the Ontario Planning Act, strive to reflect environmental objectives which are implemented through their municipal planning decisions, municipal capital plans, strategic plans and sustainability plans. As such, Municipalities have demonstrated their commitment to sustainability. The purpose of the Integrated Community Sustainability Plan is to enhance or build upon existing planning instruments and processes. Over the life of this Agreement, Recipients will be. required to demonstrate through existing planning instruments and processes or through the creation of new planning document that the Municipality has: · a co-ordinated approach to community sustainability (e.g., linkages of various plans, planning and financial tools that contribute to sustainability objectives); · reflected and integrated social, cultural, environmental and economic sustainability objectives in community planning; · collaborated with other Municipalities where appropriate to achieve sustainability objectives; and, · engaged residents in determining a long-term vision for the Municipality. 08,-3 27 0 ~ ~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6609/05 Being a By-law to provide for the establishment of a Reserve Fund to be known as the Federal Gas Tax Reserve Fund. WHEREAS under the Municipal Act, S.O., 2001 as amended, Section 417(1), the Council of the City of Pickering may establish and maintain a reserve fund for any purpose for which it has authority to expend funds. WHEREAS the Council of the City of Pickering approved Council Report CS 92- 05 authorizing the City to execute the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities. WHEREAS the execution of the Municipal Funding Agreement will now provide the City of Picketing Federal gas tax funds to be used for eligible projects as outlined in the agreement. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The establishment of a reserve fund known as the Federal Gas Tax Reserve Fund is hereby authorized. The Federal Gas Tax Reserve Fund shall consist of such moneys paid by the Federal Government or through the Association of Municipalities of Ontario for the purpose of meeting the requirements of the programs as described in the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities together with investments made and earnings derived there from. 3. This By-law shall come into force on the date of its enactment. BY-LAW read a first, second and third time and finally passed the 19th day of December, 2005. Dave Ryan, Mayor Debi Bently, Clerk 085, NOTICE OF MOTION DATE: DECEMBER 19, 2005 MOVED BY: COUNCILLOR BRENNER SECONDED BY: COUNCILLOR DICKERSON UNDERSERVICED AREA FOR PHYSICIANS WHEREAS, the City of Pickering at their meeting held on April 14, 2003 hereby advised the Ministry of Health and Long Term Care of their request to be declared as underserviced in regards to the number of family physicians operating within the City of Pickering; BE IT THEREFORE RESOLVED that the Minister of Health, the Honourable G. Smitherman be requested to reverse the position of his Ministry that the City of Pickering is not designated as an underserviced area for physicians; and THEREFORE, that the Minister be requested to immediately review the situation to ensure that the City of Pickering be designated as an underserviced area for physicians. CARRIED: MAYOR NOTICE OF MOTION DATE: DECEMBER 19, 2005 MOVED BY: COUNCILLOR PICKLES SECONDED BY: COUNCILLOR JOHNSON WHEREAS the Tullis Cottage and Ever Green Villa are hereby deemed to be an important part of the heritage of the City of Pickering; WHEREAS, the Transport Canada Hedtage Working Group has scored Tullis Cottage as a Group 1, which is defined as 'a structure that must be preserved at any cost'; WHEREAS the Transport Canada Heritage Working Group has not yet evaluated Ever Green Villa, however, its rating is anticipated to be re-evaluated from a Group 2, deemed to be 'structures of substantial architectural merit and cultural importance that should be preserved' to a Group 1 due to information that is now available on this heritage structure; and NOW THEREFORE, be it resolved that staff of the City of Picketing be directed to take the necessary action to formally designate Tullis Cottage and Ever Green Villa in accordance with the Ontario Heritage Act, including obtaining input from the Pickering Township Historical Society and Heritage Pickering. PICKERING 08"' Minutes / Meeting Summary PICKERING ADVISORY COMMITTEE ON RACE RELATIONS & EQUITY December 1,2005 7:00 PM Chair- Councillor Pickles Attendees: Councillor David Pickles Fred Gibson, Community Appointee Kirk Mark, Community Appointee Jacqueline Moriarty, Community Appointee Kim Kranc, City of Pickering Debbie Watrous, Committee Coordinator Guests: Ida Fogo Jennifer St. Aubyn Rowena Kirk Regrets: Margaret Lazaras, Glengrove Public School Malvina Ram, Community Appointee Joe Mitschang, Durham Regional Police Service Nazneed Dindar, Durham District School Board Robert Cutting, Durham Catholic District School Board Councillor Pickles welcomed members and guests to the meeting. 21 Minutes/Notes Minutes of the November 3, 2005 meeting were approved. 3; 2005 commiffee EVents Heritage Day Kim confirmed that Pickering Town Centre had been booked for the Heritage Day events scheduled for February 18th, 2006 and further advised that: · invitations had been mailed to those groups/organizations who may be interested in participating in this event · assistants to dignitaries had been requested to mark this event on their calendar - written invitations will be mailed in the New Year · the sound system and DJ have been confirmed Page 1 O85 Essay Competition and Forum Klm confirmed that the information on the essay writing contest and forum have been distribution to the schools and had been placed on the City's website. Councillor Pickles to Kirk suggested Dr. Karen Mock as the Keynote Speaker and invite Dr. Mock. provided Biographical Notes of Dr. Karen Mock to committee members. After lengthy discussion the following points were made: · the topic suggested for next year was 'What we like and what we don't like about living in a multicultural and diverse community and what can be done to make things better' · essays will be divided into three age categories and each category will have three judges for a total of nine judges Tapestry 2006 Event This event entitled ' Canadian Tapestry --- weaving the world together' will take place on June 11th, 2006 at the Pickering Museum Village. Councillor Pickles, Malvina Ram and Jacqueline Moriarty represent the Race Relations & Equity Committee on the Sub- committee of the Tapestry Event. The next meeting of this Sub-committee will take place on February 7t', 2006 at 7 pm at the Recreation Complex. 4 Website CUltural Calendar ListingI Klm advised that the Ethnic and Religious Calendar had been placed on the website advising of scheduled events during 2006. Katrina Relief/Magna ProjeCt Klm was in contact with Shawna Mutton, City of Pickering concerning the Magna Project and Shawna provided the following information: · books for Canada Village Louisiana's goal was to collect 5,000 books and DVD's; · this goal was surpassed with approximately 12,000 books being collected; · all books above and beyond the 5,000 will be delivered to other libraries in the hurricane stricken areas of Louisiana and Mississippi. LObby Display The banners for Chanukah and Kwanzaa have been placed in Page 2 the front foyer of the Civic Complex. An unveiling ceremony will take place on Monday, December 19th at the Council Meeting. Councillor Pickles, Chair of the Committee and another Councillor Pickles Committee Member will say a few words, and one Committee Member to speak. It was suggested that invitations to this unveiling be sent to all denominations inviting a representative to the event. An invitation to the public will be placed in the News Advertiser Klm to arrange. on the Community Page. 6. Other Business a) A question was raised concerning the admission fees at the Pickering Museum Village. The following has been provided by Dave Marlowe, Pickering Museum Village: · General Admission · Adult $4.00 · SeniodStudent $2.50 · Child $2.00 · Pre-school FREE · Family $12.00 · Special Events · Adult $5.00 · SeniodStudent $4.00 · Child $3.00 · Pre-school FREE · Family $15.00 · Ticketed Events as advertised b) Rowena Kirk provided the following information concerning The Amnesty International Write-a-thon: · Scheduled for Saturday, December 10, 2005, 1:00 - 6:00 pm at the Loblaws store in Pickering in the upstairs Community Meeting Room; · Jessica Farias for the Chiapas Region of Mexico and Brigitte Muleka for Democratic Republic of Congo are the guest speakers; · The presentation schedule can be found on their website at www.aigroup83.ca.; · 100 letters will be written for Human Rights; · A discussion on the 'Stop Violence Against Women' concerns in many pads of our world, including the Stolen Sisters Campaign (Aboriginal Women) in Canada will take place. Page 3 O9O b) Klm advised that the Race Relations and Equity web page has been updated to reflect the accomplishments of the committee and the plans for 2006. c) Councillor Pickles will provide Committee members with anCouncillor Pickles to update on the City of Toronto's Race Relations and Equity update report. d) Councillor Pickles informed the Committee of the Communities Against Violence Everywhere (CAVE) event which took place in the Council Chambers of the Civic Complex on Tuesday, November 29th, 2005. A lengthy discussion took place and the following points were made: · the Police do not reflect the diversity of the community; · there are underlying problems which need to be addressed; · what is there for kids to do and where can they go; · Joe Mitschang, Durham Regional Police Service will be asked about the make-up of the Police Force as it relates to the diversity of the community; · a City wide survey should be undertaken asking the residents how the feel living in the City of Pickering, how they feel about housing, recreation and equity. 4. Next Meeting Thursday, January 12, 2006, 7:00 PM - Main Committee Room ALL COMMITTEE MEMBERS ARE ASKED TO CONFIRM THEIR ATTENDANCE Meeting Adjourned: 9:34 PM Copy: T. J. Quinn, Chief Administrative Officer City Clerk Page 4 O9.[ PICKERING Minutes / Meeting Summary TAXICAB ADVISORY COMMITTEE November 15, 2005 11:00 am Chair - Councillor Brenner Attendees: Guest: Councillor Maurice Brenner Councillor Bill McLean Gurbax Singh Mann Guram Jagpal Singh Jaswant Singh Pannu Kewal Manocha Ashok Sharma Bajwa Bhupinder Chris Del Duca Debbie Shields, City of Pickering Kimberly Thompson, City of Pickering Debbie Watrous, City of Pickering Chantal Whitaker, Coordinator, Environmental Awareness Programs summa of discussion (inctu~e deadline as R~iew'a nd APproval of MindteS Moved by Kewal Manocha That the minutes of the October 18, 2005 meeting be approved. CARRIED Concern arose with respect to the confusion associated with the agenda and start time. Staff will review processes to ensure confusion does not happen again. It was noted in the October 18th minutes that vehicles 'retired' from service as Police Cruisers or taxis from other municipalities would not be permitted as taxis in Pickering. It was requested that 'retired' limousines be allowed. A proposal concerning 'retired' taxis will be drafted by taxi Taxi Representatives representatives and brought forward at the next meeting, to draft proposal. Page Councillor Brenner reviewed the Committee Protocol with Committee Members. The following format will be followed: · item will be introduced · the Committee will discuss · the public will then have an opportunity to share their views and ask questions · the item will then come back to Committee for further discussion and voting It was suggested that 30 minutes prior to the next meeting a Bajwa Bhupinder to small forum be held with the Committee to further discuss prepare. protocol. Councillor Brenner requested a review of Committee Members Clerks Division to attendance, The 2006 Committee Appointments will allow a implement Attendance Brokerage appointment to send a representative of their choice. Schedule, There will also be alternate appointments. 3:; Discussion 'Eyes on the Street' Chantal Whitaker, Coordinator Environmental Awareness Programs presented the newly launched 'Eyes on the Street' program to the Taxicab Advisory Committee. The Committee Referred to 2006 supported the program and offered to assist with the Budget. implementation of this important initiative. The taxicab industry is an ideal partner and will be able to play a significant role. There are approximately seventy-nine taxicabs in Pickering. Taxicabs travel throughout the City each day, every day. As a partner it will benefit the program because it means that the City can rely on many more sets of "eyes" observing and taking note of incidents of graffiti, illegal dumping and vandalism. The more people we have involved in this initiative the better. The sooner incidents are reported to the City the quicker we can address them. To help the taxicab industry become involved in this initiative; staff were requested to compile and provide Eyes on the Street - Vehicle Logbooks to the taxicab companies for placement in Page 2 09 each taxicab. Instructions on how to use the logbook will also be provided. As well, it was suggested that further, to promote the program, City staff develop a sticker that would be placed on the bumper of each taxicab. Green Vehicles Committee members were provided with information on vehicles which offer a reduction in emissions and cleaner air. Natural Gas, Electric or Propane are all considered Green Vehicles. Discussion took place regarding creating a pilot project to incorporate 'Green' Vehicles. Taxicab industry representatives were requested for alternate proposals if not in favour of introducing additional Ambassador plates. The absence of a natural gas station in Pickering would limit conversions to Natural Gas, however, it was noted that propane was available. Further discussions will be held on how proposed Ambassador plates would be assigned (ie. Waiting list or Request for Proposal [RFP's]) or whether the taxicab industry can adopt green targets (certain % of fleet must be green). Further criteria: · need to set out type of vehicle requirements which meet "green" definition · encourage conversions of vehicles to propane · industry to approach conversion companies to see if group price can be coordinated The Committee recommended that Green Vehicles be differentiated by colour and carry Ambassador plates. They also suggested that promotional markings or car wraps be considered. They questioned the cost of buying a Green Vehicle or converting an older vehicle. They also suggested Further discussion that various levels of Government might offer incentives to required. purchase or convert to Green Vehicles. Driver Testing A lengthy discussion concerning driver testing took place and the following comments were made: · testing would be carried out every five years with a $75.00 charge for retesting and would include Page 3 094 geographic and safety questions · drivers must be trained on the proper method of strapping a wheelchair into position · proposed training and testing program offered by Durham College reviewed > three week program > curriculum distributed > non-profit program > willing to provide to Pickering · a Durham College trainer will be invited to a meeting to discuss services and training · training will not have barriers to newcomers and will be in English Kim to invite trainer 1. Requirement for Wheelchair Access Vehicle -Regulation 629 outlines the requirements for Wheelchair Access Vehicles, which will be incorporated into the new by-law. 2. Kewal requested that plate leasing be placed on the next Debbie to action. agenda. Next Meeting Wednesday, January 18, 2006 at 10:30 am in the Main Committee Room. Meeting Adjourned: 2:25 pm Copy: T. J. Quinn, Chief Administrative Officer City Clerk Page 4