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Home My WebLink AboutJuly 24, 2006 (Joint) Executive Committeel Council Meeting Agenda Monday, July 24,2006 Council Chambers 7:30 pm PRE-MEETING HAS BEEN SCHEDULED FOR 7:00 pm I) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) DISCLOSURE OF INTEREST III) ADOPTION OF MINUTES PAGE Council Meeting of June 26, 2006 1-16 "In Camera" Council Meeting of June 26, 2006 'In Camera" Under Separate Cover IV) PRESENTATIONS V) DELEGATIONS 17 VI) CORRESPONDENCE 18-141 VII) EXECUTIVE COMMITTEE REPORT Executive Committee Report EC # 2006-12 142-249 VIII) REPORTS - NEW AND UNFINISHED BUSINESS IX) MOTIONS AND NOTICE OF MOTIONS 250-251 X) BY -LAWS 252-286 XI) OTHER BUSINESS XII) CONFIRMA TION BY -LAW XIII) ADJOURNMENT Executive Committeel Council Meeting Agenda Monday, July 24,2006 Council Chambers 7:30 pm FORINFORMATION·ONLY Statutory Public Information Meeting Minutes, dated June 15, 2006 Council Strategy Session Meeting Minutes, dated June 16, 2006 Heritage Pickering Advisory Committee Meeting Minutes, dated June 27,2006 Accessibility Advisory Committee Meeting Minutes, dated June 28, 2006 t.,O.t Council Meeting Minutes Monday, June 26, 2006 7:30 PM PRESENT: Mayor David Ryan COUNCILLORS: K.Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: 1. J. Quinn E. Buntsma N. Carroll G. Paterson A. Allison D. Bentley T. Melymuk C. Rose L. Taylor D. Shields - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Solicitor - City Clerk - Division Head, Corporate Projects & Policy - Manager, Policy - Manager, Development Review - Deputy Clerk (I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) DISCLOSURE OF INTEREST 1. Councillor McLean made a declaration of interest under the Municipal Conflict of Interest Act with respect to Report No. 38-06 of the Director, Planning & Development and By-law Numbers 6682/06 and 6683/06 concerning the Goldenridge Road extension/Rushton Road, road dedication and naming by-law. Councillor McLean left the meeting and did not take part in the discussion or vote on the matter. - 1 - , f) t':. I.. Council Meeting Minutes Monday, June 26,2006 7:30 PM 2. Councillor Ashe made a declaration of interest under the Municipal Conflict of Interest Act with respect to Report No. 36-06 of the Director, Corporate Services & Treasurer concerning the 2006/2007 Property and Liability Insurance program. Councillor Ashe advised that the company he worked for had a joint ownership in the company noted within the report. Councillor Ashe left the meeting and did not take part in the discussion or vote on the matter. 3. Councillor Ashe made a declaration of interest under the Municipal Conflict of Interest Act with respect to item #3 of the 'In Camera' June 12, 2006, Executive Committee minutes as he is a member of the Whitevale Golf Club located in the Development Area. Councillor Ashe did not take part in the vote on this matter. (III) ADOPTION OF MINUTES Moved by Councillor Dickerson Seconded by Councillor Brenner Executive Committee Meeting of June 12, 2006 Regular Council Meeting of June 19, 2006 CARRIED Moved by Councillor McLean Seconded by Councillor Brenner "In Camera" Executive Committee Meeting of June 12, 2006 CARRIED ON A RECORDED VOTE: YEA NAY Councillor Brenner Councillor Dickerson Councillor Johnson Councillor McLean Councillor Pickles Mayor Ryan - 2 - Council Meeting Minutes Monday, June 26, 2006 7:30 PM ", ) ,) f ¡' - ,:, J (IV) DELEGATIONS 1. David 'Grey Eagle' Sanford Seaton Lands/Provincial Land Transfer David 'Grey Eagle' Sanford and Joseph Longo, Solicitor, appeared before Council with respect to the Seaton Lands, Provincial land transfer. Mr. Longo provided a brief history with regards to the land transfer and how the Province did not engage in meaningful consultation with the aboriginal community. He noted that this is a requirement and that David 'Grey Eagle' Sanford was challenging the Ontario Realty Corporation through the courts on this matter. He stated that they felt if the proper Environmental Assessment was completed on the lands that significant archaeological findings might be discovered. In response to questions raised, Mr. Longo stated that Mr. 'Grey Eagle' Sanford had a lot of support from the aboriginal community and referenced the 'Beaver Bowl' treaty as a significant historical document in relation to the aboriginal community. Mr. Longo urged Council to become involved and support their endeavours. A question and answer period ensued. (V) EXECUTIVE COMMITTEE REPORT Executive Committee Report EC 2006-11 1. Director, Planning & Development, Report PD 38-06 Goldenridge Road Extension/Rushton Road Road Dedication and Naming By-law Road Closing and Transfers of Land to Adjacent Owners Abandonment of Easements Resolution # 85/06 Moved by Councillor Dickerson Seconded by Councillor Johnson By-laws should be enacted to: a) dedicate and name certain parts of lots within Registrar's Compiled Plan 1051, being those parts of Lots 48,49, 50, 51, 52, 53, 54, 117 and 118, designated as Parts 16 to 20, 40R-23842, Parts 1 and 2, 40R-23817, Parts 1 and 2, 40R-22516, Part 6, 40R-21832, Part 9, 40R-21831, Block 29, Plan 40M-2299 as Goldenridge Road and Block 30, Plan 40M-2299 as Rushton Road; - 3 - (.,04 Council Meeting Minutes Monday, June 26,2006 7:30 PM b) stop-up and close certain portions of Goldenridge Road lying within Registrar's Compiled Plan 1051, being those parts of Lots 54 and 117, designated as Parts 10,11,21 and 22, 40R-21831 and Parts 7,9,15 and 16, 40R-21832 as public highway; c) declare the lands within Registrar's Compiled Plan 1051, being those parts of Lots 54 and 117 designated as Parts 10, 11, 21 and 22, 40R-21831 and Parts 7,9,15 and 16, 40R-21832 (portions of Goldenridge Road) surplus to the needs of the Corporation for the purpose of sale to the abutting owners, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy subject to any required easements; d) abandon the easements, in favour of the City, for road maintenance purposes, over those lands lying within Registrar's Compiled Plan 1051, being those parts of Lots 54,116 and 117, designated as Parts 12,13,20 and 23, 40R-21831 and Parts 2,8,10,14 and 17, 40R-21832; and e) authorize the execution of all relevant documentation necessary to effect the dedication and naming, abandoning of easements, stopping-up and closing of those portions of Goldenridge Road as public highway and to effect the conveyances of them to the abutting owners for nominal consideration, subject to any required easements. CARRIED 2. Director, Planning & Development, Report PD 39-06 Sustainable Neighbourhood Plan (Growth Management Study - Phase 3) Sustainable Neighbourhood Design Guidelines, Interim Report, June 2006 Revised Work ProQram Detailed discussion ensued on this matter. Resolution # 86/06 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That Council receive Report PD 39-06 respecting the City's Sustainable Neighbourhood Plan, which includes the Sustainable Neighbourhood Design - 4 - Ü05 Council Meeting Minutes Monday, June 26,2006 7:30 PM Guidelines, Interim Report, June 2006, prepared by Dillon Consulting Limited, et ai, as set out in Appendix I to Report PD 39-06; 2. That Council receive and endorse the revised Work Plan on the Pickering - FCM Sustainable Neighbourhood Design Guidelines, June 13, 2006, adapting the Leadership in Energy and Environmental Design - Neighbourhood Developments (LEED-ND) framework to the Pickering planning and development context, as set out in Appendix II to Report PD 39-06; and 3. That Council endorse the following staff actions to: a) continue developing and refining the Sustainable Neighbourhood Design Guidelines (SND Guidelines), with the assistance of Dillon Consulting Limited et ai, in accordance with the revised work plan; b) develop the SND Guidelines to apply to all development in Pickering; c) use the SND Guidelines, once adopted, as a foundation for developing the sustainability performance measures required by the Central Pickering Development Plan; d) review municipal planning and development documents, from the Pickering Official Plan to detailed engineering and construction standards, to determine sections requiring modifications to align with and implement the SND Guidelines; e) investigate the potential for district energy production in Pickering, with known operators and local utilities; and f) contact the Canadian Green Building Council, TRCA, and others to collaborate on the development of a Canadian equivalent of LEED-ND; and 4. Forward a copy of this Report to Council to the Federation of Canadian Municipalities, RDC Group, Canada Green Building Council, the Minister of Municipal Affairs and Housing, the Director of the North Pickering Land Exchange Team, the Region of Durham and the Toronto and Region Conservation Authority. CARRIED 3. Director, Planning & Development, Report PD 40-06 Pickering Harbour Company 1213 & 1224 Sandbar Road (Lots 219-224, Lots 283-288 and Part of Lots 218, 289, Plan 299) City of PickerinQ Sylvain Trepanier, 1218 Monica Cook Place, Pickering, appeared before Council with concerns regarding the zoning by-law amendment. He stated that he would like to see a full plan for the area and was concerned with what they would end up with if the City continued to piece meal the area with individual zoning applications. He noted - 5 - Council Meeting Minutes Monday, June 26, 2006 7:30 PM that he was concerned with the effect of the development on the Square and requested that stipulations be placed on the owner to submit a security deposit so that if the Square needed to be repaired after the development was completed, funds would be available for this purpose. He also noted that he was still not clear on what passive recreation uses were and requested clarification. Mr. Trepanier stated that he felt Section 5 (2) b) relating to special regulations should be taken out of the by-law. Ian McCullough of Marshall Homes appeared before Council to clarify the passive recreation uses and explain what they were looking to do with the development of the land. He noted that the development would help to further clean up the area and make it more people friendly. He stated that when private functions were not going on, the spit would be open to the public. He further noted that there would not be any more vehicular traffic in the area than now and that they wanted to put processes in place to regulate the traffic so that it did not interfere with heavy public use in the area. In summary, Mr. McCullough stated that they felt this development would further benefit the area and the City. A revised draft by-law was presented for discussion purposes that permitted recreational uses subject to a Holding provision. Further discussion ensued on this matter. Resolution # 87/06 Moved by Councillor Brenner Seconded by Councillor McLean 1. That Zoning By-law Amendment Application A 2/06 be approved, as set out in the revised draft by-law, to amend the existing zoning on the subject property to an "(H)OS-R" Open Space Recreation Zone, to permit dredging, a wind turbine, and recreation uses, on lands being Part of Lots 23 and 24, Range ~3, BFC, Lots 219- 224, Lots 283-288 and Part of Lots 218 and 289, Plan 299, City of Pickering; 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 2/06, revised to permit dredging, a wind turbine, and recreation uses and subject to the (H) holding provision requirements, be forwarded to City Council for enactment; and 3. That Council endorse the initiation and coordination by staff of a future zoning by- law amendment application, in conjunction with the Toronto and Region Conservation Authority (TRCA) and the Pickering Harbour Company, to rezone the remaining lands of the East Spit between the subject property and Liverpool Road (Parts 8 to 16, 40R2022, Parts 1,2 and 3, RP 40R6366) to an appropriate open - 6 - ')1"" L: \ I Council Meeting Minutes Monday, June 26,2006 7:30 PM space category to implement the Open Space Systems - Natural Areas of the City of Pickering's Official Plan. CARRIED 4. Chief Administrative Officer, Report CAO 03-06 Partners for Climate Protection Plan City of PickerinQ Greenhouse Gas Reduction ProQram Resolution #88/06 Moved by Councillor McLean Seconded by Councillor Johnson 1. That Council receive Report CAO 03-06, including Attachment 1 entitled "City of Pickering Partners for Climate Protection Local Action Plan" prepared by Greenpath and dated June 2006; 2. That Council adopt the following 10 year greenhouse gas (GHG) reduction targets as outlined in the Greenpath report: a) 35 percent per capita reduction in community GHG emissions by 2016 (from 1995 community emission levels); and b) 50 percent per capita reduction in municipal operations GHG emissions by 2016 (from 1995 corporate operational emission levels); 3. That Council approve the Municipal Operations and Community Local Action Plans outlined in Greenpath's report, as a basis and framework for proceeding with the City's GHG reduction program, and authorize staff to: a) implement, as appropriate in 2006, those recommended GHG reduction actions that can be carried out with available staff and resources, and within the approved budget; b) recommend specific GHG reduction actions for Council's consideration in subsequent years, through the annual City budget process; and c) seek funding assistance from FCM and other available sources to assist in further developing, implementing and monitoring the City's GHG reduction program; 4. That Council acknowledge and thank all project sponsors, working group chairs and participants and engaged community partners, and particularly those funding and in-kind sponsors, being the Federation of Canadian Municipalities (FCM), - 7 - Council Meeting Minutes Monday, June 26, 2006 7:30 PM Ontario Power Generation, Enbridge, Veridian, the RDC Group, Greenpath, Energy Matters and Durham SustainAbility; and 5. That a copy of this report be forwarded to the Federation of Canadian Municipalities; Ontario Power Generation; Enbridge; Veridian; Durham SustainAbility; the Toronto and Region Conservation Authority; the GTA Clean Air Council; Dan McTeague, MP, Pickering-Scarborough East; Mark Holland, MP, Ajax-Pickering; Wayne Arthurs, MPP, Ajax-Pickering-Uxbridge; Roger Anderson, Chair, Region of Durham; and all others interested in the City's GHG reduction program. CARRIED 5. Director, Corporate Services & Treasurer, Report CS 34-06 Adoption of Pay Assurance Resolution #89/06 Moved by Councillor McLean Seconded by Councillor Pickles 1. That Report CS 34-06 of the Director, Corporate Services & Treasurer be received; 2. That the City of Pickering amend its standard Subdivision Agreement to include the Pay Assurance provisions as outlined in Schedule "A" and any other changes as deemed necessary by the City Solicitor and the Director, Corporate Services & Treasurer; 3. That the City Clerk advise the Ontario Sewer and Watermain Construction Association and the Ontario Urban Development Institute (UDI) that the City has agreed to include Pay Assurance provisions in the City's Subdivision Agreements; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto, CARRIED 6. Director, Corporate Services & Treasurer, Report CS 36-06 2006/2007 Property and Liability Insurance ProQram - 8 - Council Meeting Minutes Monday, June 26, 2006 7:30 PM (:09 Resolution # 90/06 Moved by Councillor Dickerson Seconded by Councillor Brenner 1. That Report CS 36-06 of the Director, Corporate Services & Treasurer be received; 2. That the City of Pickering renew effective June 26,2006, its property, liability and other coverages through the Frank Cowan Company for the period July 1, 2006 to July 1, 2007 inclusive on terms and conditions acceptable to the Director, Corporate Services & Treasurer; 3. That the Director, Corporate Services & Treasurer, as part of the Risk Management Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that the Director be authorized to settle any claims including any adjusting and legal fees within the total deductible limit where it is in the City's interest to do so; 4. That the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to limit potential liability exposure and to protect the assets of the City and it's elected officials and staff; and, 5. That the appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED 7. Director, Corporate Services & Treasurer, Report CS 38-06 Public Meeting Notice of the PassinQ of a Responsible Pet Ownership By-law The Chair advised that a public meeting was being held for the purpose of soliciting comments from the public. No members of the public were present to speak on the matter. A correction was noted to the Responsible Pet Ownership By-law in Schedule "A" under details, the first line should read Unsterilized dog or cat, not sterilized dog and cat, referenced as page 277 within the agenda. - 9 - Ü1.0 Council Meeting Minutes Monday, June 26,2006 7:30 PM Resolution #91/06 Moved by Councillor Johnson Seconded by Councillor Brenner 1. That Report CS 38-06 of the Director, Corporate Services & Treasurer be received; 2. That a public meeting be held on June 26, 2006 for the purpose of soliciting comments with respect to the proposed Responsible Pet Ownership by-law; and 3. That upon review of the comments, the City Clerk present the by-law at the July 24, 2006 meeting of City Council. CARRIED (VI) REPORTS NEW & UNFINISHED Audit Committee Report AC 2006-02 of the meeting held on June 19, 2006. 1. Director, Corporate Services & Treasurer, Report CS 37-06 2005 Year End Audit 1. That Report CS 37-06 of the Director, Corporate Services & Treasurer be received for information; 2. That the Auditor's Report to the Audit Committee as submitted by Deloitte & Touche be received for information; 3. That the Management Letter from the Auditor be referred to the Director, Corporate Services & Treasurer for any further action deemed necessary and report back to the Committee; and, 4. That the 2005 draft Audited Financial Statements for the City of Pickering be received for information. 2. 2005 Financial Information Return That the 2005 Financial Information Return be received for information. - 10- Council Meeting Minutes Monday, June 26, 2006 7:30 PM tIll Resolution #92/06 Moved by Councillor Brenner Seconded by Councillor McLean That the Report of the Audit Committee AC 2006-02, dated June 19, 2006 be adopted. CARRIED (VII) MOTIONS & NOTICE OF MOTIONS Innovative Speed Enforcement of PickerinQ Streets Resolution #93/06 Moved by Councillor Dickerson Seconded by Councillor Brenner Whereas the issue of speeding vehicles and street safety within the City of Pickering has been, currently is, and will continue to be amongst the top issues with the residents of Pickering and ranks within the top three issues of resident complaints to Members of Council; and Whereas there have been, and continue to be, many efforts aimed at drivers to reduce their speed to the posted speed limits ie: Road Watch volunteers setting up and manning radar boards to advise motorists of just how fast they are traveling; and Whereas, in spite of all the efforts of citizens and police alike there continues to be many drivers who flaunt the speed limit defying the police to catch them; and Whereas, Durham Regional Police Services (DRPS) lack the resources to provide a dedicated Traffic Division for Pickering; and Whereas, each year communities seek out options that results in thousands of taxpayer dollars budgeted to advertise and install new "STOP" signs where technical data may, or may not, support their installation but where clearly the local residents agree, as a last resort, to insist upon installation; and - 11 - Council Meeting Minutes Monday, June 26,2006 7:30 PM Whereas, the Council of the City of Pickering, like most residents, is committed to doing all that it possibly may do to make our streets and sidewalks safe for all to walk, run, bike or otherwise travel upon; Whereas, this Council, as Councils past, has taken bold and innovative action when it has exhausted all options to resolve a conflict which speaks to the quality of life all residents expect and deserve; Now be it therefore resolved, that the Council of the City of Pickering request, through the Office of the CAO, an assessment which would compare various options which may be available including, but not limited to: 1) entering into a service agreement with DRPS to supply two officers on a "pay-duty" basis; 2) entering into a service agreement based on actual cost plus benefits for two officers; and Be it further resolved, that it is expected that the service agreement would provide for the City to specify hours of required service and locations for speed enforcement; and Be it further resolved, that all Provincial Offences Revenue realized through this service agreement be returned to the City of Pickering resulting from said traffic enforcement within the City; and Be it lastly resolved, that it is understood moving forward with a service agreement would not lessen existing levels of Police Services, but if required, would result in the hiring of two additional police officers. CARRIED (VIII) BY -LAWS 6682/06 Being a By-law to dedicate and name certain parts of lots within Registrar's Compiled Plan 1051, being those parts of Lots 48, 49, 50, 51, 52, 53, 54, 117 and 118, designated as Parts 16 to 20, 40R-23842, Parts 1 and 2, 40R-23817, Parts 1 and 2, 40R-22516, Part 6, 40R-21832, Part 9, 40R-21831, Block 29, Plan 40M-2299 as Goldenridge Road and Block 30, Plan 40M-2299 as Rushton Road. 6683/06 Being a By-law to stop-up and close as public highway, those parts of Goldenridge Road being Parts 10, 11, 21 and 22, Plan 40R-21831 and Parts 7,9, 15 and 16, Plan 40R-21832, reserving - 12 - c:13 Council Meeting Minutes Monday, June 26, 2006 7:30 PM easements over Parts 15, 16, 21 and 22 for storm drainage purposes and to abandon easements, in favour of the City, for road maintenance purposes, authorizing the sale of the lands and the conveyance of easements to the abutting owners. 6684/06 Being a By-law to exempt Block 1, Plan 40M- , Pickering, from the part lot control provisions of the Planning Act. This by-law will be registered immediately following the registration of the M- Plan and Subdivision Agreement for the project. 6685/06 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham on Part of Lots 23 and 24, Range 3, BFC and Lots 219-224, Lots 283-288 and Part of Lots 218, 289, and Part of Block B, Plan 299, City of Pickering. THIRD READING: Councillor Brenner, seconded by Councillor Johnson moved that By-law Numbers 6682/06, 6683/06, 6684/06 and 6685/06 be adopted and the said by-law 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) OTHER BUSINESS 1. Councillor McLean gave notice that he would be bringing a Notice of Motion forward with respect to 'Utilization of ORC lands at Liverpool Road and Highway 401' at the July 24th, 2006 meeting of Executive/Council. A copy of the Notice of Motion was provided as a handout. 2. Councillor Pickles requested staff to review the matter of speeding and enforcement at a) Stroud Lane / Altona Road and b) Meriadoc Drive, along with request for possible assistance from Durham Regional Police Service and Road Watch. 3. The following matters were considered prior to the meeting: a) Memorandum from the City Solicitor to the Chief Administrative Officer with respect to the OMB appeals of Zoning Applications for two body rub parlours (905 Dillinqham Road and 1050 Brock Road) - 13 - 1" \.\. q Council Meeting Minutes Monday, June 26,2006 7:30 PM Ms. Edith Montgomery, 104 Invergordon Ave., Scarborough, appeared before Council with respect to the OMB appeal for 905 Dillingham Road. She requested that information be provided to her, without utilizing the FOI legislation. She requested that the City Solicitor be directed to request the OMB to set a specific timeframe for the owners to address the Board; and further that the City ensure enforcement on the subject property. Mr. John Burman, 376 Taunton Road West, Pickering, appeared before Council with respect to the OMB appeal for 905 Dillingham Road. Mr. Burman requested that the Director, Planning & Development, City Solicitor and the owners meet to review the difficulties on the subject site; such as the utilization of parking on the nearby arena site; non-utilization of the additional paid parking spots, previously referenced by the applicant and the lack of a back entrance at the subject site. In summary, he stated that there were a number of issues that the City Planner and City Solicitor should be aware of. A question period ensued. Resolution # 94/06 Moved by Councillor Dickerson Seconded by Councillor McLean That Council move 'In Camera' for the purposes of litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board CARRIED b) Director Corporate Services & Treasurer, Report CS 39-06 Grant Request from the Children's Wish Foundation Community Sponsor - Wishmaker Parade The Director, Corporate Services & Treasurer outlined the contents of Report CS 39-06. Resolution # 95/06 Moved by Councillor Dickerson Seconded by Councillor Pickles - 14 - 1..115 Council Meeting Minutes Monday, June 26, 2006 7:30 PM That Confidential Report CS 39-06 of the Director, Corporate Services & Treasurer by received; and That a grant in the amount of $500 from account # 2195.2570 be provided as a community sponsorship from the City of Pickering for the Wishmaker Parade scheduled for Saturday, October 14, 2006. CARRIED a) Memorandum from the City Solicitor to the Chief Administrative Officer with respect to the OMB appeals of Zoning Applications for two body rub parlours 905 Dillinqham Road and 1050 Brock Road This matter was considered earlier in the meeting. A confidential verbal update was received from the City Solicitor. Detailed confidential discussion ensued on this matter. Resolution # 96/06 Moved by Councillor Johnson Seconded by Councillor Brenner That the recommendations contained in the 'In Camera' Council Minutes dated June 26,2006 be adopted. CARRIED c) Verbal Update from the Chief Administrative Officer with respect to a labour relations matter The Chief Administrative Officer advised that this matter would be deferred to a future meeting due to time constraints. Resolution # 97/07 Moved by Councillor Johnson Seconded by Councillor Pickles That the Committee rise and ratify the actions taken. CARRIED - 15 - t' 1 C. Council Meeting Minutes Monday, June 26,2006 7:30 PM (X) CONFIRMATION BY-LAW By-law Number 6686/06 Councillor McLean, seconded by Councillor Johnson, moved for leave to introduce a By-law of the Cîty of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of June 26, 2006. CARRIED (XI) ADJOURNMENT The meeting adjourned at 10:05 pm. DATED this 26th day of June, 2006. MAYOR DAVID RYAN DEBIA.BENTLEY CITY CLERK - 16 - 0/7 Citq o~ July 24,2006 DELEGATIONS 1. Colin Arnott, WSIB Chair Pickering Professional Firefighters Association Re: Presumptive Leqislation for Cancer Amonq Firefiqhters 2. Fire Chief Wm. Douglas Re: Presumptive Leqislation for Cancer Amonq Firefiqhters CUr¡ tJ~ (,18 CORRESPONDENCE 1. CORR. 44-06 MAYOR HAROLD GRIER THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS 1 Jessie Street, PO Box 129 Lansdowne, ON KOE 1 LO Motion for Direction Advising that at a meeting held on May 29,2006, the Council of the Township of Leeds and the Thousand Islands adopted a resolution with respect to a request to the Provincial Government not to implement the recommendation of the Watertight Report to create an Ontario Water Board or transfer jurisdiction of water and wastewater to Regional Municipalities and requesting Council's support of their resolution. 2. CORR. 45-06 LAURA MOY DIRECTOR STAFF SERVICES/CLERK THE CORPORATION OF THE TOWN OF TECUMSEH 917 Lesperance Road Tecumseh, ON N8N 1W9 Motion for Direction Advising that at a meeting held on June 28,2006, the Council of the Town of Tecumseh adopted a resolution with respect a request to the Government of Canada to cancel negotiations for a free trade agreement with Korea which would result in a further negative impact on the one way flow of automotive products into our market and requesting Council's support of their resolution. 3. CORR. 46-06 DENIS KELLY, REGIONAL CLERK REGIONAL MUNICIPALITY OF YORK 17250 Y onge Street Newmarket, ON L3Y 6Z1 Motion for Direction Advising that at a meeting held on May 25, 2006, the Council of the Region of Durham adopted a resolution with respect to Transportation Improvements, Markham Bypass to Morningside Avenue Link, Environmental Assessment and requesting that the City confirm its support for a continuous alignment () 1~) and further, that the Province of Ontario take an active role as co-proponent for the undertaking. 4. CORR. 47-06 DENIS KELLY, REGIONAL CLERK REGIONAL MUNICIPALITY OF YORK 17250 Y onge Street Newmarket. ON L3Y 6Z1 Receive for Information Advising that at a meeting held on June 22, 2006, the Council of the Region of York adopted a resolution with respect to Internationally Trained Physicians, urging that the Government of the Province of Ontario and the College of Physicians and Surgeons of Ontario take immediate action to devote more resources to manage the increase in the numbers of International Medical Graduates applying to the IMG Program; take action to make the temporary/pilot IMG program permanent and self-sufficient; and prevent delays and remove barriers to the assessment of experienced internationally-trained physicians through the RPA program so that they practice in Ontario without unnecessary delays. 5. CORR. 48-06 J.D. LEACH, CITY CLERK CITY OF VAUGHAN Clerk's Department 2141 Major Mckenzie Drive Vauqhan, ON L6A 1T1 Receive for Information Advising that at a meeting held on June 30, 2006, the Council of the City of Vaughan adopted a resolution with respect to a request to the Province of Ontario to immediately commence a consultative process with the municipal and development sectors to revise the Development Charges Act to address the issues noted within their resolution and other concerns that may be raised by the municipal sector. 6. CORR. 49-06 P.M. MADILL REGIONAL CLERK REGION OF DURHAM 605 Rossland Road East Whitby. ON L 1N 6A3 Receive for Information Advising that at a meeting held on June 21, 2006, the Council of the Region of Durham adopted a resolution with respect to revisions to the terms of reference for the Durham Environmental Advisory Committee (DEAC) for the purpose of allowing youth members and to recognize the extended term of Regional Council. j', ('\ n \.. ~." 7. CORR. 50-06 P.M. MADILL REGIONAL CLERK REGION OF DURHAM 605 Rossland Road East Whitby, ON L 1 N 6A3 Receive for Information Advising that at a meeting held on June 21, 2006, the Council of the Region of Durham adopted a resolution with respect to Tiered Emergency Response: Emergency Fire and Medical Services (Report #2006-F-33). 8. CORR. 51-06 Receive for Information MARTHA A. PETTIT MANAGER OF LEGISLATIVE SERVICES/DEPUTY CLERK TOWN OF AJAX 65 Harwood Avenue South Ajax, ON L 1 S 2H9 Advising that at a meeting held on June 22, 2006, the Council of the Town of Ajax adopted a resolution with respect to a request to the Sierra Legal Defence Fund to add the Town of Ajax to the list of signatories to the legal petition entitled "Petition under s. 115, United States Clean Air Act, 42 U.S.C. s. 7415(a) to the United States Environmental Protection Agency for relief from certain emissions from large electric generating units in the States of llinois, Indiana, Pennsylvania, Michigan, Ohio, West Viriginia and Kentucky. 9. CORR. 52-06 BETTY DEHANN CAO/CLERK TOWNSHIP OF SOUTH STORMONT 4949 County Road No. 14 PO Box 340 Inqleside, ON KOC 1MO Receive for Information Advising that at a meeting held on June 29, 2006, the Council of the Township of South Stormont adopted a resolution with respect to a request to petition the government to implement legislation banning the use of pesticides for cosmetic purposes across the country and requesting support for their resolution. 10. CORR. 53-06 PATTI L. BARRIE MUNICIPAL CLERK MUNICIPALITY OF CLARINGTON 40 Temperance Street Clarinqton, ON L 1C 3A6 Motion to Endorse · ,'.;¡ U fw J Advising that at a meeting held on May 1, 2006, the Council of the Municipality of Clarington passed a resolution advising that Clarington does not support the concept of mixing paper-fibre biosolids with compost as contemplated in the contract with Waste Management of Canada Corp. until the recommendations of the Experts Panel are implemented by the Ministry of the Environment and further requesting endorsement of their resolution. 11. CORR. 54-06 PATTI L. BARRI E MUNICIPAL CLERK MUNICIPALITY OF CLARINGTON 40 Temperance Street Clarinqton. ON L 1C 3A6 Motion to Endorse Advising that at a meeting held on June 12, 2006, the Council of the Municipality of Clarington passed a resolution urging the Government of Ontario to a) provide adequate funding under the Clean Water Act to land owners; b) review the implementation strategy with and to the satisfaction of the commodity groups and the AMO before it is included in the regulations; c) transfer adequate funds to the municipalities for the implementation and further requesting endorsement of their resolution. 12. CORR. 55-06 DEBBIE LEROUX CLERK TOWNSHIP OF UXBRIDGE 51 Toronto Street South Uxbridqe. ON L9P 1 T1 Motion to Endorse Advising that at a meeting held on June 26, 2006, the Council of the Township of Uxbridge passed a resolution requesting the Provincial and Federal governments to work together to provide more spaces in our medical universities and to provide financial commitments to fulfill these critical shortages and requesting support for their resolution. 13. CORR. 56-06 SHASHI BHATIA CHAIR INDO-CANADIAN CULTURAL ASSOCIATION OF DURHAM 1894 Bainbridge Drive Pickerinq. ON L 1V 6G6 Motion to Declare Advising that through the recognition of all its peoples and the celebration of multiculturalism, the City of Pickering leads Durham Region by integrating diversity in all its plans. The ICCAD was formed to capture, and integrate our unique cultures brought to this great land, and the region of Durham in such a II?} '- ,.., (..- manner as to maximize the enrichment, and strong potential of our communities by weaving a common thread that connects us as Canadians. ICCAD is hereby requesting that the City of Pickering hereby proclaim August 15th as India Independence Day. 14. CORR. 57-06 JUDY LEWIS PARTNER & EXECUTIVE VICE PRESIDENT STRATEGIC OBJECTIVES 184 Front Street East, 4th Floor Toronto, ON M5A 4N3 Motion to Declare Advising that on Thursday September 21, 2006, M&M Meat Shops will be hosting its second annual National Family Dinner Night and requesting a letter of support for this community-based initiative and requesting that the City proclaim September 21,2006 as National Family Dinner Night. · I). U ,.. .j coee.·L6f-Of:, 'i: THE TOWNSHIP OF lEE D SAN D THE THO USA N D I S(L AND S June 15, 2006 fõ)~~~a\VI~~ lJTI JUN 2 2 2006 lW CITY OF PICKERING PICKERING, ONTARIO RE: WATERTIGHT PANEL REPORT Please be advised that the Council of the Corporation of the Township of Leeds and the Thousand Islands, at their meeting on May 29, 2006, passed the following resolution with respect to the subject matter: WHEREAS the recommendations included in Watertight Report will create an additional infÌ'astructure, which is not needed and that will be financed by water and wastewater users; AND WHEREAS the recommendations included in Watertight Report may cause water users in one municipality to finance water systems in another municipality; AND WHEREAS the recommendations of the Watertight Report will take away municipal control over water and wastewater; AND WHEREAS the model recommended in the Watertight Report will lead to conflicts between municipalities competing for development as the corporation's agenda for system improvements may be different fÌ'om that of the various municipalities; AND WHEREAS the model recommended in the Watertight Report will reduce MOE's role in the delivery of safe drinking water; AND WHEREAS water and wastewater servicing is the most costly of all urban infÌ'astructure combined and control of it must remain . answerable to the public; 0- ø '~ ': ;~. . , "_',.----" ,-'....~......"" ;(;:~\ ~/) ~~ ~ v ...~ ~ ,,' ¡H~~"";\.. '¡,;i," ..., ....,_-ÎJ( fìí1atJe: . " ..,~_...."' .'.' ....,"'~~"."'.-- . lU ..,_,'L__.,-..."",,"~~O_ . .' ~\ 1 Jessie Street, p,O, Box 129, Lansdowne: ÕÑ"'KOEïLO-'''. Tel: 613-659-2415 . Fax: 613-659-3619 . Watts: 1-866-220-2327 -f.èY-' . .\ 312 Lyndhurst Road, P,O, Box 160, Lyndhurst, ON KOE 1NO . Tel: 613-928-2423 . Fax: 613-928-3116 . Watts: 1-800-313-6444 I), f'ecJ.¿;"'J ,',94 ,. ~- . NOW THEREFORE the Council of the Township of Leeds and the Thousand Islands requests that the Provincial Government not implement the recommendation of the Wateliight Report to create an Ontario Water Board or transfer jurisdiction of water and wastewater to Regional Municipalities. AND FURTHERMORE THAT the following resolution be forwarded to the Honorable David Caplan, Minister of Public Infrastructure Renewal and to all Ontario municipalities for their support. I would request that you please present this Resolution to your members of Council for their consideration and endorsement. Thanking you in advance for your attention to this matter. ¡lvfayor Harold Grier I.~ I) rs ,_, f...' \ c..oe../Z. I.f 5 -O,b DIRECTOR STAFF SERVICES/CLERK LAURA MOY Imoy@tecumseh.ca MAYOR - MAIRE GARY McNAMARA DEPUTY MAYOR - SOUS MAIRE TOM BURTON COUNCILLORS. CONSEILLERS JOE BACHETII MARCEL BLAIS GUY DORION JOIE JOBIN RITA OSSlNGTON THE CORPORATION OF THE DEPUTY CLERK SUSAN MAZZEI smazzei@tecumseh.ca 917 LESPERANCE ROAD . TECUMSEH, ONTARIO· NaN 1W9 TOWN OF TECUMSEH STAFF SERVICES / CLERK'S DEPARTMENT PHONE (519) 735-2184 FACSIMILE (519) 735-6712 www.tecumseh.ca June 28, 2006 To the Municipalities of the Province of Ontario Please be advised that Council for the Town of Tecumseh at its meeting of June 13, 2006, adopted the following resolution: WHEREAS the Ontario Mayors for Automotive Investment (OMAI) represent the vast majority of Ontario Communities with a significant automotive assembly and/or parts industry; and WHEREAS the OMAI represents local and area communities in which the auto parts and auto assembly industry produced: · over 2.6 million vehicles in 2005; and · I in 6 vehicles produced in North America in 2005; · with a total value of$99 Billion in 2005; and WHEREAS the OMAI represents communities that are home to approximately 138,000 thousand employees who work in the auto assembly and auto parts sectors; and '., WHEREAS investment and production by the North American auto industry could be restricted by a one way flow ofpnported' , vehicles from some offshore jurisdictions; and WHEREAS increased foreign direct investment and the free flow of traded goods and services in all sectors; is essential to' the :. '. future economic growth of Ontario and Canada; and . ,., .,; WHEREAS Canada currently imports $150 worth of automotive products from Korea, for each $1 of aufumotivepro!iucts we sell in Korea; and THEREFORE BE IT RESOLVED that the Government of Canada cancel negotiations for a free trade agreement with Korea which would result in a further negative impact on the one way flow of automotive products into our market; AND BE IT FURTHER RESOLVED that future trade agreements require that offshore markets purchase substantial volumes of finished vehicles and auto parts from North America, and/or investment in design, parts manufacturing and assembly facilities in Canada, as a condition of their continued access to our own automotive market; AND FURTHERMORE BE IT RESOLVED that a copy of this resolution be circulated to the OMAI, MPP's, MP's, FCM, AMO, and Ontario municipalities. ORIGINAL TO: py The Town of Tecumseh respectfully requests support for this resolution from all Ontario municip Please forward you endorsement to the Prime Minister, Chair of the OMAI, your local MPP's, nwmcipali~ );) A. .C.T. ï 4¡ S",",,'¡Clerl< /"J FU! CORR. TAKE APPR. ACTION C (v'\Dtl01'\ for 'Dì f'e(~f¡ot~ , .') {~ t,,,' ~'.., \ , CoI<..2..116-06 / May 26, 2006 Regional Clerks Office Corporate Services Department Ms. Debi A. Bentley, City Clerk City of Pickering One The Esplanade Pickering, ON LIV 6K7 FIE err" 11 CLERk's DIViSION Dear Ms. Bentley: Re: Transportation Improvements, Markham Bypass to Morningside A venue Link, Environmental Assessment Regional Council, at its meeting held on Thursday, May 25, 2006, adopted the following recommendations of the Planning and Economic Development Committee regarding the report entitled "Transportation Improvements, Markham Bypass to Morningside A venue Link, En vironmental Assessment": 1. Staff take all necessary steps to protect the corridor for the Markham Bypass to Morningside Avenue Link as determined through the Individual Environmental Assessment (EA) and to oppose any development application that will preclude the implementation of this undertaking. 2. The Province of Ontario be requested to: (a) declare a Provincial interest in and intervene in this project (b) take an active role as co-proponent for this undertaking, given their long standing interest in protecting a high-order transportation corridor in this area and given the significant inter-regional implications of this project. 3. The Ministry of the Environment (MOE) be advised that it is the R~ii¡^i"" position that the Environmental Assessment has addressed, through' TO: avoidance, mitigation and best practices, all potential significant !f8;Y JJ. environmental effects, and that an EA Tribunal hearing is not warr ted. Further, that the MOE make a final decision on the EA without im further significant delay and cost that would result from an EA Tri Hearing. , !- t- FILE TAKE APPR. ACTION The Regional Municipali~y of'York, 17250 Yonge Street, Newmarket, Ontario L3Ÿ6-Ž7 , Tel: 905-830-4444 Ext, 1320. 1-877-464-9675, Fax: 905-895-3031 / mer! ¡ cÄ t~r- L'.:>; ~ c¡J.' b '} \ Internet: www.york.ca · I)'" t' ¡''''' I May 26, 2006 2 Transportation Improvements, Markham Bypass to Morningside A venue Link, Environmental Assessment 4. The Region of Durham, Town of Markham and City of Pickering be requested to confirm their support for a continuous alignment for the Markham Bypass to Morningside A venue Link and support the request that the Province of Ontario take an active role as co-proponent for the undertaking. -k 5. A copy of this report be sent by the Regional Clerk to the Premier of Ontario, Ministry of the Environment, Ministry of Transportation, Ministry of Municipal Affairs and Housing, Ministry of Public Infrastructure Renewal, the Greater Toronto Airport Authority and the Clerks at the City of Toronto, Town of Markham, Region of Durham and City of Pickering." A copy of Clause 1, Report No.5 of the Planning and Economic Development Committee is enclosed for your information. Please contact Paul May, Director, Infrastructure Planning, at 905-830-4444, ext. 5029 if you have any questions with respect to this matter. Sincerely, l!::;~ Regional Clerk K, Price Attachments Copy to: Paul May, Director, Infrastructure Planning 282837 P07 May 10,2006 y-oYlç&gion , I) 8 t' i. \, Clause No. 1 in Report No.5 of the Planning and Economic Development Committee was adopted, without amendment, by the Council of The Regional Municipality of York at its meeting on May 25, 2006. 1 TRANSPORTATION IMPROVEMENTS MARKHAM BYPASS TO MORNINGSIDE AVENUE LINK ENVIRONMENTAL ASSESSMENT The Planning and Economic Development Committee recommends the following: 1. The presentation by Paul May, Director, Infrastructure Planning, be received; and 2. The recommendations contained in the following report, May 1, 2006, from the Commissioner of Planning and Development Services and the Commissioner of Transportation and Works, be adopted subject to recommendation 2 being amended to read as follows: 2. The Province of Ontario be requested to: (a) declare a Provincial interest in and intervene in this project. (b) take an active role as co-proponent for this undertaking, given their long standing interest in protecting a high-order transportation corridor in this area and given the significant inter-regional implications of this project. 1. RECOMMENDATIONS It is recommended that: 1. Staff take all necessary steps to protect the corridor for the Markham Bypass to Morningside A venue Link as determined through the Individual Environmental Assessment (EA) and to oppose any development application that will preclude the implementation of this undertaking. 2. The Province of Ontario be requested to declare a Provincial interest in this project and to take an active role as co-proponent for this undertaking, given their long standing interest in protecting a high-order transportation corridor in this area and given the significant inter-regional implications of this project. I I ')'J '''-' t>. Clause No. 1 2 Report No.5 Planning and Economic Development Committee 3. The Region of Durham, Town of Markham and City of Pickering be requested to confirm their support for a continuous alignment for the Markham Bypass to Morningside A venue Link and support the request that the Province of Ontario take an active role as co-proponent for the undertaking. 4. A copy of this report be sent by the Regional Clerk to the Premier of Ontario, Ministry of the Environment, Ministry of Transportation, Ministry of Municipal Affairs and Housing, Ministry of Public Infrastructure Renewal, the Greater Toronto Airport Authority and the Clerks at the City of Toronto, Town of Markham, Region of Durham and City of Pickering. 2. PURPOSE The purpose of this report is to update Committee and Council on the status of the EA for the Markham Bypass to Morningside A venue Link and to present a strategy to address the key substance in the City of Toronto's recent objection to the EA. 3. BACKGROUND The Individual EA for the Markham Bypass to Morningside Avenue Link was completed and filed for public and agency reviews from December 23, 2005 to February 17, 2006 (8 week review). The EA Project Team are currently working to address all of the comments received during the review period and provide a detailed response to the Ministry of the Environment. Once all of the issues have been addressed by the Region, the Ministry of the Environment will produce an EA Review and publish their report for a further 5 week public review period. The purpose of the MOE EA Review is to document the MOE staff position on the EA and provide the public an opportunity to comment before the Minister makes a final decision. A detailed discussion on the background of this project can be found in the October 12, 2005 joint report to Transportation and Works Committee from the Commissioner of Transportation and Works and the Commissioner of Planning and Development Services. The recommended alignment for the Markham Bypass to Morningside A venue Link is shown on Attachment 1. Attachment 2 shows the broader context of the Link and the important role it will serve to accommodate inter-regional travel. Clause No. 1 3 Report No.5 Planning and Economic Development Committee , 1)0 td.. 4. ANALYSIS AND OPTIONS 4.1 City of Toronto Position As reported previously, Toronto Council on June 14, 15 and 16,2005 took a position formally opposing the continuous alignment for the Markham Bypass to Morningside A venue Link, as developed through the EA. Toronto Council on December 5, 6 and 7, 2005, re-opened the issue and recommended the following: "I. City Council advise York Region that it strongly opposes and formally objects to any north/south road in York Region that will increase traffic congestion in the city of Toronto. 2. Advise York Region that it strongly opposes and formally objects to the extension of Morningside A venue south of Steeles A venue East, as developed in the EA. 3. Request York Region to re-evaluate the discontinuous alignment (utilizing existing Ninth Line and jogging across Steeles A venue approximately 1.5 kIn) and conduct additional public consultation. 4. Inform York Region that: a. The City intends to keep Steeles A venue, east of Markham, at its current width of two traffic lanes in keeping with its rural surroundings. b. The City neither intends nor has budgeted any funds to construct the recommended alignment south of Steeles Avenue." During the public and agency review of the EA, Toronto staff wrote to the MaE advising the Province of their Council's position (the correspondence dated February 14, 2006 from Toronto staff to MaE is included as Attachment 3 and also includes the full recommendations from Toronto City Council on June 14, 15 and 16,2005 and on December 5, 6 and 7, 2005). In addition to advising the Province of Toronto's formal position, the correspondence sent to the MaE spoke directly to the protection of the road corridor south of Steeles Avenue and Toronto's position on a final decision on the EA by the MOE. The correspondence can be summarized into the following key points: C' 3:1mse No. 1 Report No.5 Planning and Economic Development Committee 4 The EA study, provided for in the Official Plan Policies as ordered by the OMB when approving the creation of the Morningside Heights Community, has now been completed. The City is of the opinion that the policies have done their work and no longer apply from January 1,2006 onwards. The City will not protect the lands covered by the range of alignment alternatives from now on (the area temporarily reserved by the OMB Decision for development of alignment alternatives through the EA is shown on Attachment 4). 1. In light of the fact that there is no proponent for this undertaking with the jurisdiction to complete the project through the City of Toronto, and given City Council's repeated confirmation that it will not take proponency of the undertaking and is strongly opposed to the undertaking, Toronto requests that the Minister refuse this Environmental Assessment. However, if the Minister is of the view that this matter should be considered by the EA Tribunal, the City of Toronto has requested an opportunity to be heard by the tribunal on the limited issue of whether or not the EAR should be accepted in the absence of a proponent within the City of Toronto. On May 7, 2006, Toronto Works Committee reaffirmed staff comments to MOE requesting that the EA be denied or that an EA Tribunal hearing be ordered and recommended that an Official Plan amendment process be initiated to remove the policies from the Morningside Heights Secondary Plan and the Toronto Official Plan which protect for this road corridor (to be considered by Toronto City Council on April 25, 2006). It is worth noting that one of the key advantages to Toronto of a continuous road alignment connecting Markham Bypass to Morningside Avenue is that it serves the planned Tapscott Employment District well. This was acknowledged by Toronto staff in their report to Works Committee in May 2005 as well as the need to complete the EA and end the uncertainty surrounding the alignment to enable the employment development to proceed. 4.2 Provincial Interest in the Corridor 4.2.1 History of Corridor Planning by MTO In 1971 the MTO recommended a new north-south freeway from highway 401 in the east end of Metro north and around the east end of Lake Simcoe to south of Gravenhurst. The road was referred to as the East Metro Transp0l1ation Corridor (EMTC). In 1976-1977, MTO reassessed the need for the EMTC and concluded that the section between Highway 401 and 407 is required. The EA and preliminary design reports for the EMTC were completed in 1982 which recommended a freeway. Clause No.1 5 Report No.5 Planning and Economic Development Committee ·3 () '..... {... In March 1990 the Province announced it's plans for the establishment of the Rouge Park and to not proceed with EMTC. The announcement stated that there would be no new roads within the 1990 Park boundaries south of Steeles A venue. The announcement also stated that the Province would undertake a strategic planning study in cooperation with Metro, Yark, Durham, Scarborough and Pickering. In May 1994, the Province announced a vision for northeast GT A. Among the contents of this announcement are the Rouge Park Management Plan and Northeast Metro Area Transportation Improvements. The transportation component of the announcement includes the following: 1. There is a need for a north-south transportation link between Highways 401 and 407 in the Morningside corridor to respond to increased traffic volume resulting from development in Northeast Metro and vicinity including Cornell. 2. The alignment has not been determined but will avoid the 1990 Rouge Park boundary, south of Steeles Avenue. 3. The road will be subject to an Environmental Assessment and the Province is encouraging Markham and Scarborough to proceed with it immediately. The province will provide technical and financial support. MTO undertook the Strategic Transportation Review Northeast Metro, Southeast York & West Durham, in cooperation with Metro, York, Durham, Scarborough and Pickering. The technical report for the study was completed in June 1993. The summary report was released in August 1995 and identified the 401/407 Link in the Morningside Corridor as being of special importance. (See Attachment 5 - Excerpt from Strategic Transportation Review showing inter-regional infrastructure needs). 4.2.2 OMS Hearing for the Morningside Heights Secondary Plan The Ministry of Transportation (MTO) was an active participant during the OMB hearing for the Morningside Heights Community and provided strong support for transportation improvements in the Markham Bypass to Morningside Avenue Link Corridor. A copy of the witness statement presented by MTO staff at the OMB hearing is included as Attachment 6 and concludes that there is a well documented need for a high order continuous arterial link between Highway 401 and 407 in the Morningside Corridor. 4.3 Impact from the Seaton Development Staff have reported previously to Committee and Council regarding the impact of the planned Seaton Development, including the transportation impacts in Yark Region and the need for related infrastructure including the Markham Bypass to Morningside Avenue Link. Regional Council on April 21, 2005 adopted Clause 6 of Report No.4 of the Planning and Economic Development Committee recommending that: (,3 ¿lause No.1 Report No.5 Planning and Economic Development Committee 6 " The Ministry of Municipal Affairs and Housing and Durham Region be requested to initiate a combined and coordinated transportation infrastructure review that will consider the impacts of the new Seaton community and the GTAA's plans for the Pickering Airport on Durham and York Regions and the City of Toronto, specifically addressing the improvements identified in the York Region Staff Report, as well as any other necessary improvements. The transportation review contain an implementation plan which addresses phasing and funding from the Province and/or a mechanism to enable York Region to construct and pay for the work required to accommodate the growth in Durham Region, including a commitment from the Province to expedite the Environmental Assessment review and approval process for the Markham By-pass Highway 407 - 401 Link." Subsequently, the Planning and Economic Development Committee on April 5, 2006 adopted "Report No.2- Central Pickering (Seaton) Development Plans" recommending that Regional Council request the Province to: · Acknowledge the importance of the Markham Bypass/Morningside Avenue Link to the Seaton Development Planning Area and support the Regions of York and Durham in their efforts to have this vital link constructed. · Enter into a Memorandum of Understanding with the Regions of York and Durham and the City of Toronto on transportation infrastructure that is located outside of but having a direct impact on the Seaton Development Planning Area, including a funding commitment to construct the Markham Bypass/Morningside Avenue Link. The Markham Bypass Link will also create an important link from Toronto to the proposed Pickering Airport. 4.4 Next Steps As noted in section 4.1, the City of Toronto has indicated that the EA does not bind the City in any manner with respect to development in the area or implementation of the recommended road alignment. Toronto has also indicated that they will not protect the lands for this planned road link from here on. Clause No. I 7 Report No.5 Planning and Economic Development Committee t>34 Staff will continue to monitor development applications in this area to ensure that development with potential to impact or preclude the planned road link does not proceed until a final decision is reached on the EA and the final outcome is protected for within all development proposals. In this regard, staff are seeking authorization to take all steps necessary to protect the road corridor, including referring development matters to the Ontario Municipal Board should the City of Toronto proceed with approving development applications that do not protect for this corridor or if Toronto proceeds with an Official Plan Amendment to remove the protection for the Markham Bypass/Morningside A venue Link. As reported to Committee on April 5, 2006 (Report No.2 - Central Pickering (Seaton) Development Plan), comments have been forwarded to the Ministry of Municipal Affairs and Housing (MMAH) regarding modifications to the Seaton Development Plan to ensure that all required infrastructure will be in place to support the development. The comments included a request that the Province acknowledge the importance of the Markham Bypass/Morningside Avenue (Highway 407-401 Link) to the Seaton Planning Area and support York's efforts to have this link constructed. Given that the City of Toronto has indicated that they have no intention of being proponents for the continuous road alignment developed through the EA and that the EA should not be approved without a proponent south of Steeles A venue, the Province must take on an active role in addressing infrastructure needs in this boundary area, including proponency for the Markham Bypass to Morningside Avenue Link. In addition to circulation of this report to MMAH, the report will also be circulated to MTO, PIR, and MOE and to the Premier of Ontario for consideration of all Provincial interest in this transportation corridor. As noted in section 3.0, the next major step in the EA process is for the Region's Project Team to address all of the public and agency comments received and for the MOE to publish their review of the EA. At this time, it would be premature for the MOE to publish the EA Review without addressing the issue raised by the City of Toronto regarding proponency. Therefore, the Project Team will request that MOE defer publication of their EA review until this issue is addressed. Further, Toronto has requested that MOE refuse the EA, and as an alternative, should an EA Tribunal hearing be ordered, the City of Toronto has requested an opportunity to be heard by the tribunal on the limited issue of whether or not the EA should be accepted in the absence of a proponent south of Steeles A venue. Staff position is that the EA has addressed all significant environmental effects through avoidance, mitigation and best practices and that an EA Tribunal is not warranted. t' 3 ~·')Clause No.1 8 Report No.5 Planning and Economic Development Committee Further, given the current and historic Provincial interest in the corridor, an EA Tribunal would not be able to directly address a Provincial policy decision on proponency. Therefore, a recommendation has been included requesting the Province of Ontario to directly acknowledge their interest in this corridor by agreeing to proponency, or co- proponency of this critically important transportation link. Given MTO's historic involvement, they would likely become the lead provincial agency in this matter. When the Greater Toronto Transportation Authority is created as recently announced by the Province, they may also playa lead role. 4.5 Relationship to Vision 2026 Goal 7 of Vision 2026 states: "In 2026, York Region will have effective, efficient and environmentally sensitive transportation, waste management and water systems." Action areas for Goal 7 include: · "Developing an integrated transportation network." · "Ensuring that our transportation network coordinates with development." The recommendations of this report are consistent with these action areas. 5. FINANCIAL IMPLICATIONS There are no direct financial implications as a result of this report. Should the City of Toronto proceed to approve any development applications or OP As that will preclude the planned road link, there will be staff and financial resources required to protect the corridor at the Ontario Municipal Board. 6. LOCAL MUNICIPAL IMPACT Town of Markham Council on October 25, 2005 endorsed the recommended alignment for the Markham Bypass to Morningside A venue Road Link subject to three conditions as follows: 1. The Region report back to Markham Transportation Committee with an accelerated implementation plan, including any phasing requests. 2. The Region include in the EA report a noise study addressing issues as they relate to residents on Rouge River Circle and Ridgevale Drive. 3. The Region include in the EA report the evaluation of bridge type options for the bridge over the Rouge River, including a single span option. The first condition cannot be addressed at this time given the uncertainty with the final outcome of the EA. Conditions 2 and 3 were addressed in the Final EA report. Clause No. 1 9 Report No.5 Planning and Economic Development Committee u3G 7. CONCLUSION The EA for the Markham Bypass to Morningside Avenue Link was completed and submitted to the MOE for review on December 23,2005, prior to the December 31,2005 deadline identified by the Ontario Municipal Board as part of the Morningside Heights decision. The City of Toronto has reaffirmed their position that they formally oppose the continuous alignment for the Markham Bypass to Morningside Avenue Link, as developed through the EA. They have notified the MOE that they have no intentions of assuming proponency for the Link south of Steeles A venue and are no longer bound by the OMB imposed policies to protect for the corridor. Given the City of Toronto's position, it is important that the issue of proponency be clearly addressed at this stage before the EA proceeds to a final decision by the MOE. Given the Province's long history of interest in this transportation corridor, it is critical that the Province take an active role in the protection and implementation of this project. In the absence of a final decision by the Province on the issue of proponency and on the EA itself, York will continue to monitor development in the area and take all steps necessary to protect the corridor. The Senior Management Group has reviewed this report. (The attachments referred to in this clause are included with this report.) ., 1<1'1 ···r-·····: -i.~ ~:" I i . ..~.,~::... "., \ , \ \ \ , \ \ , \ , \ , \ , \ \.. \ \ , , ..... -::-. ..". COUNCil ATTACHMENT .-._.....~.. . ".. "- I: ! ,I i. . j !--~ --t...--. . \ ; ---i I T' ---:-·::.;;.·'i::".... L.;....· -L I ·'··:<:,1 I I I ;-..-...~._.-¡ ! i I I \~"1 ....1 ; I CD as CÞ -<- ë ~ .~ 'êii !C.. n ¡-.. [-- I- Z W ~ Z ~ ::¡ < c w c z UJ ::E ~ o o w a: .. g C'I a: UI m a ~ III 10 I I III III I It I I I I 1'1 'II I" I" III II III III III III III III III 11\ " 'II I" '" I" 'II " , 'II 'II 'II 'II 'II "~I 'I' 'II Council Att.1chment 2 t:38 z+ II I o I') II! o ... t \ \ l' - ",.,# CU,¡ C1" 0, ,"'\"" , - , .- - f J r I 'I I ffi ¡ J ! 11 i J d f I \ III ,,1 a: ~ 1 j! 1 ~ 11 1..1 J t ~IJ ~] ~ j I ¡j lliJlJl;r 'l' I ~ I~ fJ I ~ IIIII ; I hI t'3Q 0JJft T080MO Council Attachment 3 Farold AmllI Deputy CII, Mlllager City Planninll Divisiøa . Melta H¡¡/~ U- fJoIII 55 Jghn Slreel ...' Tlllonl" Onlilria. M5V 3C~ . .!' Tid T",dort CIIief Planner ud Execut/va Dir8Ctør Rod Md'h.W,DiltllIf Trwport,rian PIwq Tel: 416-392-8100 Fu: 416-392.3821 February 14, 2006 Mr. Kevin Plautz Project Officer'· Ministry of the Environment Environmental Assessnient & Approvals Branch 2 ~t. Clair Avenue West, Floor 12A Toronto, Ontario' M4V Its File: 2002035534 ESe 42 TM Dear Mr. Plautz: Re: Transportation Improvements in the Markham By-pass Corridor South of Highway 407 Filing of Environmental Assessment Report City staff ftom appropriate Divisions have carefully reviewed the Final Environmental Assessment Report (EAR) as filed with the Ministry on December 23, 200S. We no~c that comments are required by February 17, 2006. The City Council cycle of meetings does not provide for a new Council position witlún this timeftame, and so I am writing to inform you of the City position to date. Council will be dealing with the matter once a report has been submitted to the March 7, 2006 meeting of Works Committee. The Final EAR has incorporated many of the comments provided on the' Draft EAR in December 2005, which we appreciate. This has improved the accuracy of the docwnent in certain areas, . particularly with fespect to indicating the ViHages of Fairtree subdivision on the north side of Steeles Avenue just east of Tapscott Road on some of the mapping. . . Unfortunately this development is still not well indicated on the maps which set out the various alternative aligmnents which were tested (for example Exhibits 6-8, 6-9 etc). The constraint it poses to any extension of Alternative C to the north is therefore not clearly explained. As well, there are several statements concerning implementation of the project which leave the erroneous impression. that the City of Toronto will look after building the southern section (for example, Sections 7.2.3 and 7.2.11). As you are aware, in June 2005 City Council took a position on the technically prefêITed alignment for the Markham By-pass Extension. For completeness, t1úsposition is appended. Since the Recommended Aligrunent is the same as the technically prefeLTed aIigrunent south of t:40 -- 2 " Steelés Avenue, this position will not change. The City will not take on proponency for the section of the undertaking south ofSteeles Avenue. City staff prefer a version of Alternative C within Toronto, which could be partially implemente,d by developers through plans of subdivision on the:Jands east of Tapscott Road. Steeles Ayenue will not be widened to 8 lanes as modelled in the EAR as part of Alternative C. Map 3 of the City of Toronto Official Plan, as approved by the OMB on January 25, 2006, indicates that Steeles A venue shall have an ultimate right-of-way of 36 m which can provide 6 lanes. At present there is an· approved EA for a widening to 4 lanes in this area, but' no funding has been allocated by the City for construction. The EA study provided for in the Official Plan policies, as ordered by the OMB in 2000 when approving the creation of the Momingside Heights Community COP A 974), bas now been completed. The City is of the opinion that the policies bave done their work and no longer apply trom January 1,2006. The City will not protect the lands covered by the range of alignment alternatives &om now on. The City will not build the Recommended Alignment south of Steeles Avenue. In light of the fact that there is no proponent for this undertaking with the jurisdiction to complete the project through the City of Toronto, and given City Council's repeated confirmation that it will not take proponency of the undertaking and is strongly opposed to the undertaking, I hereby request that the Minister refuse this Environmental Assessment The City of Toronto is of the view that in the absence of a proponent for the EA, it should not be accepted. However, if the Minister is of the view that this matter should be considered by the Tribunal, the City of Toronto hereby requesl9 an opportunity to be heard by the tribunal on the limited issue of whether or not the EAR should be accepted in the absence of a proponent within the City of Toronto pursuant to s.7.2(3) of the Environmental Assessment Act. In the interim, the EAR wilJ remain an interesting document but will not bind the City of Toronto in any manner with respect to development in the area or implementation of the reconunended ~~ . Yours truly, u~d~ Rod McPhai~ Director Transportation Planning Cl/nbb cc: Steve Mota, Region of York Attachment I, :~" 3 Attachment: Council Resolutions Consolidated Clause 1'1 Works Committee Report 6, which was considered by City Council on June 14, 15 and 16,2005. 5 Mornin9side Avenue/Markham By-Pass Extension "ndividual Project Environmental Assessment Study Status R;~port (Ward 42 - Scarborough Rouge River) City Council on June /4, I j and 16. 2005. adopted this Clause withóut amendment. It is recommended that: (1) City Council advise York Region that it strongly opposes and formally objects to the technically preferred alignment for the extension of Morningside 'Avenue south of Steeles Avenue East, as developed in the Environmental Assessment Study for transportation improvements in the Markham By-pass Corridor south of Highway 407; . (2) City Council request York Region to: (a) fe-evaluate Alignment C north and south of Steeles Avenue East, that being the City's preferred alignment south of Steeles Avenue East, and advise City Council of the implications of maintaining Steeles Avenue at its approved width of four traffic lanes; and (b) conduct additional community consultation with City of Toronto residents and Scarborough Community Council following completion of this further evaluation of Alignment C, with notice being provided to the residents in consultation with City staff; (3) 'the Acting General Manager of Transportation Services and the Chief Planner and Executive 'Director of City PJanning, in consultation with the City Solicitor, report back to WorkS Committee on the legal and financial implications for the City of Toronto should York Region apply for and receive Environmental Assessment approval for the technically preferred alignment; and (4) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto."; (II) the report from the Chief Planner and Executive Director, City Planning and Acting General Manager, Transportation Services be forwarded to Scarborough Community Counci1 for consideration, with a request that the Community Council hold a special eveÍ1Îng meeting in October 2005 on this issue; and .. - .." .. .... 4 t 42 (III) the report be forwarded to the Province of Ontario, the Regional Municipality of York, the Town of Markham, the Toronto and Region Conservation Authority, the Rouge Park AIIiance, the Friends of the Rouge Watershed, and the Save the Rouge enviro~entål groups. Notice of Motion 1(5) Morningside A venueIMarkham By:.pass Extension Moved by Councillor Cho, seconded by Council/or De Baeremaeker "WHEREAS City Council on June 14, 15 and 16, 2005 adopted, without amendment, Works Committee Report 6, Clause 5, headed 'Momingside AvenuelMarkbam By-pass' Extension - Individual Project Environmental Assessment Study Status Report (Ward 42 - Scarborough Rouge River), and in so doing, requested York Region to conduct additional community consultation on the by-pass extension; and WHEREAS Scarborough Community Council recently held an everung meeûng to consider the results of the additional community consultation and the further transportation analysis which was conducted by the York Region study team arising ftom City C01U1Cil's request; and WHEREAS as a result of this further infonnation, Council should make new recommendations on the Momingside A venuelMarkham by-pass extension; NOW THEREFORE BE IT RESOLVED THAT, in accordance with §27-49 of Chapter 27 of the City of Toronto MW1icipal Code, Works Committee Report 6, Clause 5, headed 'Momingside AvenuelMarkham By-pass Extension - Individual Project Environmental Assessment Study Status Report (Ward 42 - Scarborough Rouge River)', be re-opened for further consideration; ~ _ AND.BE IT FURTHER RESOLVED THAT Çity Council delete the Recommendation of the Works Committee' contained in the Clause and adopt instead the following new recommendations: . . . 'It is recommended that City Council: (1) advise York Region that it strongly opposes and fonnally objects. to any north/south road in York Region that wiII increase traffic congestion in the City of Toronto; (2) advise York Region that it strongly opposes and fonnalIy objects to the extension of Momingside Avenue south of Steeles Avenue East, as developed in the 1.,4"; 5 , . Environmental Assessment Study for transportation .improvements in the Markham By-pass Conidor; (3) request York Region to do the foHowing: (a) re-evaluate AligIl!I1ent C north ofSteeles Avenue East, and (b) conduct an additional community consultation meeting with City of Toronto residents and the Scarborough Community Council, following completion of this further evaluation of Alignment C, with notice being provided to the residents in consultation with local City of Toronto Ward Councillõr; and (4) infonn York Region that: (a) the City intends to keep Steeles Avenue, east of Markham, at its current width of two traffic lanes in keeping with its rural surroundings; and . (b) the City neither intends nor has budgeted any funds to construct the Alignment C south of SteeIës Avenue East; AND BE IT FURTHER RESOLVED THAT Council's position be forwarded to the Province of Ontario, the Regional Municipality of York, the Town of Markham, the Toronto and Region Conservation Authority, the Rouge Park Alliance, the Friends of the Rouge Watershed and the Save the Rouge environmental groups." DisposiJion: CiJy Council. on December 5, 6 and 7, 2005, ,e-opened Works Committee Report 6, Clause 5, headed "Morningside Avenue/J¡.farkham By-pass Extension - Individual Project Environmental Assessment Study Status Report (Ward 42 - Scarborough Rouge Rlver)n, for further consideration, and adopted the halance of this Motion, wiJhout amendmenL ~ Council also considered tb,e following: Petition submitted by Councillor Raymond Cho, Ward 42 - Scarborough - Rouge River, containing the signatures of approximately 323 individuals in opposition to the Morningside AvenueIMarkham By-pass Extension [Communication 22(a)]. Communication (October 31. 2005) from the Regional Municipality of York [Communication 22(b)]. Council Attachment 4 I .4 I~ , , '- :." I " I / <,r' e . . ~, , \, , \. "". " ., I r I MARKHAM' B)'~PAS$'OOENsloN. ~oM 'HICawAY 4,07 TO MORNINGSIDE AVENUE INDIVIDUAL ENV'RONMEN:tiU ASSESSMENT ,L·....... '. ' . '".."... r_r"", '-" I \ "', / \ '-' \ i . , "¡ EXHIBIT STUDY AREA 1-1 z o - (!J ill '. a:: ,~ « I c:r: ::> o 4 ...- I : ) " .....-.._ _a_... -..._6...._.__.._ :t:: ... I/) .g .)(: ~ C (¡ CII 'E CII ~ ø.. "C 0 c ñI U >. ::> "C G) 0 CII C G) ~ a¡ 0 0 "C æ c iii >. cr ~ ¡¡; < z cr> c i ~. a: ~ c 0 0 ï: W ::> .~ cr> êii êii 0 J! 0 ... ~ .Ë ... CJ cr a: 11.. :E ~ W -J I . I I 0 ···.·.·U,. i 0 :;::;:::~::: I 0 ~i:i~:~r 0 I I' 0 III 0 I . 0 I 0 I 0 . . 0 . Council Attachment 5 ~ £ aI þ ~ >. c ~ ~ .Q ! iií "g ~ 2 .c: "'C u CD "'" III .!!! ;:, !! 1l 52 ~ g f=~ õ CD III Õ ::J C tÞ .2 :; J-é2 CD II) III õ "¥'ã. a.-B D -ë 'E II> II> E ...!II CP CD ~ . - ID o C c.~ o = .!!! > III ID "C = :s Æ o a. 650 o ,... w a: ::> ~ () :;:) a: J- CJ) « a: LL Z - ..J « Z o - " w a: a: w J- Z - 2 ~ 0 ~!:!:! - ! <:> CJ . ! :J:W W ~ 0 crcr ::)2 a: QH,Y~ i f- 00 I- ::x:: Oil Z ~~ a: 0 0 a: ..... !. ~~ a. I~ a: :X::oc W OCa a: 0 ~fu >- r- a: Wz « I 0 C/)<t:, ~ ~a: ~ a: 0.-- :J f- a:: 0 t-QÞAMH tü- C/) w ~fB I ¿ W~ .. c Za: f .-- t- C/) ·-----__Ø_40., -_..~..__... ----...-...--- ci) ~ o z ..; cV --- · · · .-.... .- r.. . '. ", " . , '. . · · · . . I tt 8 o ;g iii cz~ C> 0 ( Council Attachment 6 , 4 r- I: ~ h O.M.B. Case No. PL970758 O.M.B. File Nos.0970140 0970216 0980104 .. .--" ONT ARlO MUNICIPAL BOARD Commission des affaires municipales de 1'0ntario The Morningside Heights Landowners Group has appealed to the Ontario Municipal Board under subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Honourable Minister of Municipal Affairs and Housing to approve Proposed Amendment No. 974 to the Official Plan for the City of Scarborough"Dow the City of Toronto. Ministry File No. 20-0P-0594-974' O.M.ß Fie No. 0970140 The Momingside Heights Landowners Group has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, fÌ'om Council's refusal or neglect to enact a proposed amendment to the Official Plan for the City of Scarborough, now the City of Toronto, to redesignate the subject lands fÌ'om Industrial. Agricultural and Institutional to Residential and related categories to permit a residential community with ancillary uses including retail, institutional and golf course. Scarborough Civic Centre Application No. P970003 O.M.B. File No. 0970216 The Momingside Heights Landowners Group has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, trom Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Metropolitan Toronto, now the City of Toronto, to revise Maps 5, 6 and 7 in the Planas they apply to certain lands in the Tapscott Employment District Secondary Plan in the fonner City of Scarborough. 'O.M.B. File No. 0980104 WITNESS STATEMENT OF ROBB MINNES ".., I, 'Lt: I WITNESS STATEMENT Issue 10. &12.' Need, location and desig'n characteristics for the Markham-Scarborough arterial road link Witness: Robb Minnes Planning and Environmental Office Ministry of Transportation 3rd Floor, Atrium Tower 1201 Wilson Avenue Toronto Ontario M3M 118 1. Qualifications 1.1 Mj' resuœe is ~t;U£Reà as .-\pp~Rèix b 1.2 I have 21 years experience as a planner for the Province of Ontario including 8 years Vvith the Ministry of Transportation. Since joining MTO. I have managed transportation planning studies related to the Markham-Scarborough Link. They are as follows: Strategic Transportation Review Northeast Metro, Southeast York & Wést Durham, August, 1995 Momingside Transportation Corridor Review, June 1994 Momingside Corridor Transportation Alternatives Study, April, 1995. 1.3' I was one of two members representing MTO on the Steering CoÏnmittee forthe Markham-Scarborough Transportation Link Environmental Assessment Proposal study. 2. Opinion 2.1 A balanced transportation network comprising a hierarchy of roads and public transportation facilities is critical to the enviromnent, the economy and quality of life. 2.2 Various studies have documented that future growth identified for the northeast Toronto, southeast York ~d west Durham area, will create demands in excess of the existing and committed transportation system. -]- t: 4 9 ') .. _.j To address the transportation needs in this area, an overall strategy is required. This strategy has been developed over a number of years through a variety of studies and needs to include the following elements: Construction of commined and planned road and transit improvements: Development and implementation of policies for higher self-containment in York and Durham; Development and implementation of policies for transit supportive land use; Upgrading of local and inter-regional transit services; Implementation ofHDV (high occupancy vehicle) network and ride sharing policies; Protection of a right-of-way for the construction of an ultimate 6-lane high order arterial in the Morningside corridor. 2.4 A continuous high order arterial road is needed to complete the arterial grid in this area of ,the GTA. In identifying a high order arterial road, I am referring to a majoranerial road that functions at the highest level with no private entrances and access restricted to approved public roads. A complete arterial grid is necessary to move goods. services and people within and between development nodes. Given the imerrelationshipofthe development nodes it is important that these corrnections cross regional boundaries and connect with the expressway network. 2.5 , With the Provincial policy that no new roads will be pennitted within the 1990 Rouge Park Boundary south of Steeles Avenue, the Momingside corridor provides the only remaining location for a continuous high order arterial corridor. The most recent planning docwnent relating to this corridor is the Markham-Scarborough Transportation Link Environmental Assessment Proposal (EAP). This report confirms the need for a continuous high order arterial road between Highway 401 and 407 which crosses through the secondary plan area. The EAP therefore recommends proceeding with an Individual EA to finalize the alignment. MTD supports this recommendation (Doc # ). 2.6 The York Region and Town of Markharn Official Plans provide corridors for a major roadway on the east side of Markham. This is complimented by the Official Plans for the fonner Municipalities of Metropolitan Toronto and Scarborough which provide for a 36 meter arterial road alignment (Momingside Ave.lStaines Rd.) In a location which can connect to the Markham/York corridor subject to an environmental assessment. Further, all the above official plans contain policies recognizing the need to coordinate interregional transportation infrastructure. 2.7 In addition to the protection provided by these official plan policies, the potential for a high order arterial connection to Highway 401 is also protected to a large extent by the fact that MTO and other agencies own most of the lands that would be required for a new interchange on Highway 40 I between Momingside Ave. and Meadowvale Rd. for the -2- Î14q ,-... ... corridor to connect to Morningside Ave. at Morningview T r.. These lands were originally acquired as the southern portion of the EMTC. Funher. MID monitors development applications and planning initiatives to ensure that the link is not precluded. 1.8 In the first instance. the proponent's applications seek to delete this anerial road connection. In the second instance. it is proposed to relocate this connection. In the absence of providing an alternative corridor location that can fulfill the functional requirements of a high order anerial road including protection for a continuous connection into York Region, the applications do not represent sound planning. 2.9 The amendments to Metroplan and the Scarborough Official Plan should provide for "the establislunent and continue the protection of a high order arterial road in a location th at can be directly continued into York Region. 3. Role of the Ministry of Transportation (MTO) in strategic transportation planning 3.1 The Ministry of Transportation has a role in coordinating provincial with municipal transportation systems and supporting municipal transportation strategy initiatives. The primary objective is the provision of an adequate, balanced transportation system whi ch includes participation in the resolution of inter-jurisdictional issues (Doc # ). 3.2 MTO's role is to ensure the availability of data, engage in strategic transportation planning and provide input and technical assistance to regional and local official plans (Doc # ). MTO's mandate is derived from Section 2(f), (h), (1), (m), and (n) of the Planning Act and Section 1.3.3.1 of the Provincial Policy Statement. With respect to the GT A in particular, the ministry fonned the Toronto Area Co-ordinating Office in 1985 to provide this function (Doc # ). 4. History of transportation planning in northeast Metro, southeast Yo rk & west Durham 4.1 In 1971 the Department of Highways (now MTO) recommended a new north-south fteeway iTom Highway 401 in the east end of Metro north and around the east end of Lake Simcoe to south of Gravenhurst. The road was referred to as the East Metro Freeway and later as the East Metro Támsportation Corridor (EMTC). At the same time the Department of Highways recommended a new east·west fteeway which is now Highway 407. 4.2 In 1976-1977, MIO reassessed the need for the EMIC and concluded that the section between Highway 401 and 407 is required. The EA (Doc # land Preliminary Design Repons (Doc # ) for the EMTC were completed Üi1982 which recommended a freeway ... -.)- t':5 n with a design speed of ïO rnph. 2 lanes in each direction v...ith flexibility for future expansion to 6 lanes with median transit or 8 lanes. 4.3 In MarchI 990 the Province announced it's plans for the establishment of the Rouge Park and to not proceed with the EMTC (Doc #. ). The announcement'stated that there would be no new roads within the 1990 Park boundaries south ofSteeles Avenue. The announcement also stated that the Province would undenake a strategic planning study in cooperation with Metro, York, Durham, Scarborough and Pickering. As background to this study, the Province would consider two alternative transportation corridors in the: Morningside area in Scarborough and the Brock Road Area in Pickering. 4.4 In July 1990, the Brock Road Corridor Freeway Alignment Study, which looked into the feasibility oflocating an expressway link in the vicinity of Brock Road, was completed (Doc # r The province announced that due to the major social and environmental impacts of such a corridor i~ this are~ the Brock Road proposal has been dropped from further consideration (Doc # ). 4.5 An investigation of the Morningside conidor was completed in October 1990 (Doc # ). The Morningside Avenue Corridor Pre-Feasibility Study concludes that an expressway type of roadway is physically possible in the conidor but would be comparatively expensive to construct and would have some direct and indirect impac ts on . adjacent residential uses and on parts of the Morningside Tributary. The study indicates that these impacts could be mitigated and are not of the magnitude oftbosein the Brock Road corridor which led to it's rejection. The study recommends that the Momingside corridor be protected until the ongoing Strategic Transponation Review Nonheast Metro, Southeast York & West Durham is completed to confirm the need for a corridor. 4.5 On the basis of the results of the Brock Rd. and Morningside Ave. corridor studies, MID commissioned the East Metro Transportation Corridor Study Of Alternatives which was completed in December 1993 (Doc # ). More specifically, the report was to provide a brief preliminary assessment of various anerial road alignments, as opposed to an expressway, for a new facility between Highway 407 and 401, generally in the eastern end of Metro and Markham. The study analyses alternatives for the section of the corridor north of Finch Avenue and concludes that three alternatives, all intersecting with existing Morningside Avenue, are worthy of more detailed review. 4.6 In January 1993, the Province announced the release of the Draft Rouge Park Management Plan for public comment (Doc # ). The Government also indicated that the land set aside for the EMTC right-of-way in the vicinity of Old Finch Avenue will be included within the proposed park boundary. 4.7 In response to the January 1993 announcement, MTO commissioned the Morningside Transportation Corridor Review to examine the need for the Highway 401 407 -4- r- .~ !'J ¡ connection, it"s role and type of facility (Doc '# ). The study built on the technical findings of the Strategic Transponation Review and considered issues that had emen!~d since the completion of the Strategic Review analysis including new development - initiatives in East Markham. higher population/employment forecasts for Markham and York Region. opportUnities for staged Seaton development and an intennediate 2021 , horizon year. The study also provides more detailed travel demand forecastS and determines the affects of new GT A land use forecasts and the potential airpon in North Pickering. 4.8 The Morningside Transportation Corridor Review assumes a number' of improvements would be in place within the study area by 2011. The study indicates that completion of the transportation improvements \'{ill supply a significant capacity increase in the study area, however. they are still significantly shon of meeting the forecast growth in cross boundary traffic demand. \ 4.9 Based on a progressive assumption of modal split assumption of23% (existing is 8%- 10%) at the eastern York Toronto boundary and a self contairunent assumption of 50% for new growth areas (existing in Pickering and Markham is 25%-30%) together with committed and planned transit and road infrasU11cture. the analysis still shows significant levels of congestion in the vicinity of the Morningside corridor. 4.10 The study considered three alternative types of road facility in the Morningside corridor (arterial, major arterial. e?,pressway) and concludes that a major 6-lane arterial connecting Highway 401 and 407 is required to support the anticipated development in West Durham and Southeast York by the year 2011, and to maintain acceptable transpiration service. The study indicates that in 2011 of the traffic in the Morningside conidor 43% would be Metro related (36% to and from Scarborough), 23% Durham related and 310/0 York related. In 2021,48% of the traffic is Metro related. 24% Durham related and 25% York related. 4.11 The Morningside Corridor Transportation Alternatives Study was prepared by MTO to test the conclusions of Morningside Transportation Corridor Review using a different methodology (Doc # ). The study recommends protection of a right-of-way for the construction of an ultimate 6-lane high standard arterial in the Morningside corridor. 4.12 In May 1994, the Province announced a vision for Northeast GT A (Doc # ). Among the contents of this announcement are the Rouge Park Management Plan and Northeast Metro Area Transportation Improvements. The transportation component of the announcement includes the following: .' 1. there is a need for a north-south transportation link between Highways 401 and 407 in the Momingside corridor to respond to increased traffic volume resulting from development in Northeast Metro and vicinity including Cornell; -5- \"""' r¡ t\:> c, 2. the alignment has not been determined but will avoid the 1990 Rouge park boundary: south of Steeles A venue: , 3. the road will be subject to an Environmental Assessment and the Province is encouraging Markham and Scarborough to proceed with it immediately. The province will provide technical and financial support. 4.13 MTO undertook the Strategic Transportation Review Northeast Metro, Southeast York & West Durham: in cooperation v.ith Metro, York, Durham, Scarborough and Pickering. The Technical Report for the study was completed in June 1993 (Doc # ) and with the benefit of the above link studies, the Summary Report was released in Augus t 1995, following the decision by Markham and Scarborough to proceed with the Environmental Assessment Proposal for a north-south road in the Momingside corridor in1994 and the announcement of the Rouge,Park Management Plan by the Province in May 1994 (Doc # ). 4.14 The study area extends from Highway 401 in the south to Major Mackenzie Drive on the north and from Highway 404 easterly to the Whitby/Ajax boundary (Durham Regional Road 23). The study recommends a preferred strategy which includes: Greater self-containment in York and Durham Regions (Le. closer live/work relationships). More transit conducive urban form. Additional inter-regional transportation infrastructure. 4.15 The additional inter-regional transportation infrastructure element builds on the provincial plans to expand Highways 401 and 404, build Highway 407 and upgrade the Lakeshore and Stouffville GO Rail services. However, the study states that this basic freeway and inter-regional transit network will not be able to handle all of the future increases in traffic and there will be increasing pressure on municipal arterial roads to playa greater role. Two facilities that should be completed and pursued in the short tenn are the widening of the Steeles-Taunton connection and the proposed north-south link in the Momingside corridor (Markham-Scarborough Link) connecting with the proposed Markham By-Pass. .. 4.16 The study also provides recommendations regarding the implementation of the strategy which includes the regions and municipalities being encouraged to continue with a program of upgrading the arterial road network including HOV lanes wherever possible. The study identifies the north-south link in the Momingside corridor (Markharn- Scarborough Link) connecting with the proposed Markham By-Pass, initially as a 4 lane road and ultimately as a 6 lane road with HOV lanes, of specific importance. Both . facilities afford opportUnity for the future provision ofHOV lanes. -6- I' 5 ,'~ 4.17 The strategy recognizes that. in the longer term, growth in York and Durham Regions will require the completion of a basic freeway network grid which at a minimum shou.Id include Highway 407 to Highway 35-115 and a nonh-south freeway connection in the vicinity of Durham Regional Road 23 (between Ajax and Whitby) in addition to the nonh-soUlh high order aneriallink in the Momingside corridor. Further, the inter- regional transit system should be expanded to include commuter rail services along the CPHavelock corridor and a transitway in the Highway 407 corridor. Depending on the timing and nature of the Seaton development, the study recommends that the Belleville corridor may also provide an opportunity for interregional transit and should not be precluded. 4.18 MTD, in partnership with the Greater Toronto Area Regions continues to undertake strategic transponation plaruúng which addresses the future transportation needs in the GTA. The Greater Toronto Area Transportation Planning Process (presently underway) is to enhance the inter-regional m,obility of people and goods, while supporting broad economic. social and environmental objectives of the GTAregion. The process is addressing three critical themes; preservation optimization selective expansion 4.19 It is anticipated that the process will include recommendations for policy initiatives, capital expansion, implementation and funding strategies for all ground modes of transportation in the GT A. 4.20 With regard to the selective expansion theme, the process is cWTently analyzing various road and transit expansion scenarios to determine the way the system can be expanded to most' effectively address the transportation system needs in the GT A. All of the Selective Expansion Scenarios under review include an arterial road linking Highway 401 and 407 in the Morningside corridor (Markham-Scarborough Link). 4.21 The GTA Transportation Plaruúng Process builds on all previous transportation planning studies. Considerable work exists for the Markham-Scarborough Link including provincial studies and the Environmental Assessment Proposal. The results of these studies form an input to 'the GTA Transportation Plaruúng Process. The technical analysis conducted as part of the process will examine improvements identified in the Markham-Scarborough Link conidor in an overall system context. Priorities and staging of individual improvements will be examined in the Implementation Phase of the GT A Transportation Planning Process. -7- r- i< C0't 5. Environmental Assessment Proposal ,5.1 In 1995: following the completion of the Strategic Transportation Review and the other mentioned studies. the municipal proponents initiated (in consultation with MTD and other stakeholders) the Markham-Scarborough Link the "Individual Environmental Assessment" process. They determined that an "Environmental Assessment Proposal' , (now 'Terms of Reference") should be prepared as a means of initiating the Individual EA process. MTD agreed to fully fund the EAP and was represented on the study steering committee by two members including myself (Doc # ). 5.2 The EAP indicates that the need and justification for a new Markham~Scarboraugh Transportation Link between Highway 401 and 407 has been adequately analyzed and documented in transportation studies already completed. The link is required as part 0 f an integrated overall Master Plan for northeast Metro~ southeast Yark and east Durham. \ 5.3 The EAP recommends that the follow-on Envirorunental Assessment should be started and focus on the Momingside corridor only. 5.4 Concerning the type of facility, the study determined that. due to environmental impacts and public opinion. it would not be appropriate to pursue a freeway/expressway facility in the corridor and that the follow-on Environmental Assessment should address only an arterial classification. The EAP also indicates, that given the demands on the link, it is necessary to maximize capacity. Therefore, with the arterial classification, no private entrances should be permitted, access being only via approved public road connections. 6. rhe Markham- Scarborough Link as identified in other studies 6.1 The Pickering Lands Access Study completed in 1995, is an internal Transport Canada study with funding from MTD (Doc # ). It is a preliminary review of the possibility/feasibility of providing access to the federally owned property known as the Pickering Lands and recommends what further studies' must be undertaken to protect the potential access corridors. Among the Key Transportation Network and Land Use Assumptions used in trus study is a four lane Markham/Scarborough Link cOlUlecting Highways 407 and 401, operational by 2011. 6.2 The Markham Transportation Planning Study includes the implementation of the Markham-Scarborough transportation link in it's Transportation Plan (Doc # ). -8- ....... ..,. I,'~ ~. 7. Conclusion 7.1 On the basis of the extensive work which I have outlined above. it is my professional opinion that there is a well documented need for a high order continuous arterial link between Highway 401 and 407 in the Monùngside corridor. The link should be established as 36 meter high order anerial facility through the Monùngside Heights Secondary Plan arèa with protection for the potential continuation of the same facility north to Steeles Ave. in a location where it can be connected to the proposed Markham By-Pass. 7.2 The Official Plans for both the fonner Municipalities of Metropolitan Toronto and Scarborough should continue to protect the potential for the future implementation of this key strategic interregional link. æu,~' obb H. MiIÍnes ,,;0 U:\ WPFILES\SCARBOR\witstat5. wpd -9- t'5G col!!..i!!... 41-Ob Regional Clerk:r Office Corporate Services Department June 23, 2006 TO: All Municipalities in the Province of Ontario RE: Internationally Trained Physicians The Council of the Regional Municipality of York at its meeting of June 22, 2006 adopted the following resolution regarding Internationally Trained Physicians: WHEREAS the Ontario Medical Association (OMA) predicts that the physician shortage in Ontario will reach 2,347 in 2006 and 2,648 in 2008 in its report entitled Ontario Physician Shortage 2005: seeds of progress, but resource crisis deepening; and, WHEREAS it is estimated that 1.2 million Ontarians are without a Family Physician; the population of Ontario continues to grow and age and this problem will grow worse over time as more physicians retire; and WHEREAS qualified International Medical Graduates (IMGs) can make a valuable contribution to Ontario's health care system, particularly with respect to alleviating the current and predicted future physician shortage; and WHEREAS in York Region, Georgina and East Gwillimbury are designated by the Ontario Ministry of Health and Long - Term Care as underserviced areas for Family Physicians; and WHEREAS it is noted that the MOHLTC [in conjunction with the College of Physicians and Surgeons of Ontario (CPSO) and Council of Ontario Faculties of Medicine] has recently created up to 200 postgraduate International Medical Graduates training or evaluation positions per year for fully qualified IMGs who are residents of Ontario or require postgraduate training; and WHEREAS internationally trained experienced physicians who currently practice outside of Ontario may be eligible for the new Registration through Practice Assessment Program, (RP A); and WHEREAS The Regional Municipality of York recognizes that althoug progress has been made, the physician shortage in Ontario necessitates e this area; f()Ri(,Y~;~ :'~--. TO: ãreþósffive er0-p ì:)ß The Regional Municipality of York, 17250 Yonge Street, Newmarket, Ontario Tel.' (905) 8304444, Ex!. 1320, 1-877464-9675, Fax: (905) 89 Internet: www.region:york.on.ca FILE TAKE APPR. ACTION l~~~ fòr \n.fo ;r'.) ¡- '1 !,'J All Municipalities in the Province of Ontario 2 June 23, 2006 THEREFORE BE IT RESOLVED that the Council of the Regional Municipality of York urges the Government of the Province of Ontario and the College of Physicians and Surgeons of Ontario take immediate action to: 1. devote more resources to manage the increase in the numbers of International Medical Graduates applying to the IMG Program 2. take action to make the temporary/pilot IMG program permanent and self-sufficient 3. prevent delays and remove barriers to the assessment of experienced internationally - trained physicians through the RP A program so that they practice in Ontario without unnecessary delays; and THA T the Regional Clerk forward a copy of this resolution to the Premier of Ontario, the Ontario Minister of Health, the Chief Medical Officer of Health, the CPSO, all municipalities in Ontario, all York Region MPPs and MPs, the Leaders of the Opposition Parties, and the College of Family Physicians of Canada. Våï@tan Tfig Citg Above Toronto - FOR INQUIRIES: PLEASE QUOTE ITEM & REPORT NO. June 30, 2006 City Clerk The City of Pickering 1 The Esplanade Pickering, ON L 1 V 6K7 ù6'C ~ RE: DEVELOPMENT CHARGES ACT REFORM I am writing to advise you that Vaughan Council, at its meeting held on June 26, resolution: : :5,3 Coer¿ .l-fi"'O b Clerk's Department '1141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (90S) 832-8504 Fax (90S) 832-8535 ~~ OR'G!N:,!~-~~ TO: J:>E6l COPY ........""",...... TO: ï.,J. QI.o.\""" G . Pa.+C'so t""I '" . Cc.rro-I I -'--, e:. ß 1.4.,,-+S MQ:.. -,.,,,-,- A· Alt'sor\ ( CORR -=> FILE TAKE APPR. ACTION :; 21va, LI'v ';:1 Whereas the last update of the Development Charges Act 1997 was nine (9) years ago; Whereas the current Development Charges Act does not permit the collection of development charges to fund growth related capital costs for the following services which were previously eligible under the old Act; Hospitals; Headquarters for municipal administration; Computer equipment; Cultural facilities such as museums, theatres and art galleries; and Waste management services. * * * * * Whereas the current Development Charges Act requires a mandatory 10% reduction in the charge for growth related "soft services" such as community centres, libraries and parks; Whereas the requirement in the current Development Charges Act to collect based on the average service level over the previous 10 years is too restrictive and creates practical calculation and implementation issues; Whereas the current Development Charges Act doesn't adequately provide for solutions to meet the challenges of growth that evolve over time (i.e. Transportation through subways and forms of higher order transit); Whereas the Province indicated to the Municipal Finance Officers' Association of Ontario (MFOA) in August 2005 that a review of the Development Charges Act would begin in the near future; and .../2 ( 1=<c.c-d V c- fòc \ V\ fò- ) ..... ,. \ \' J ',) City Clerk The City of Pickering Page 2 June 30, 2006 Whereas the growth related capital costs are significant, growth continues to occur and growth should pay for growth; NOW THEREFORE BE IT RESOL VED that the Council of the City of Vaughan requests the Province of Ontario to immediately commence a consultative process with the municipal and development sectors to revise the Development Charges Act to address the issues noted above and other concerns that may be raised by the municipal sector; AND THA T this resolution be forwarded to the Honourable Dalton McGuinty, the Premier of Ontario, the Honourable Greg Sorbara, Minister of Finance, the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, Mario G. Racco, MPP, Mr. Dan Cowin, Executive Director of the MFOA and to all municipalities within Ontario with a population greater than 50,000. Attached for your information is Item 1, Report No. 37, of the Committee of the Whole regarding this matter. Sincerely, , b~~h Attachment: Extract JDL/pa '" '1 \: n' CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF JUNE 26. 2006 Nltem 1, Report No. 37, of the Committee of the Whole, which was adopted without amendment by the Council of the City of Vaughan on June 26, 2006. DEVELOPMENT CHARGES ACT REFORM 1 The Committee of the Whole recommends approval of the recommendation contained in the following report of Mayor Di Biase, dated June 19, 2006: Recommendation Mayor Michael Di Biase recommends: That the following resolution with respect to reforms to the Development Charges Act be approved; Whereas the last update of the Development Charges Act 1997 was nine (9) years ago; Whereas the current Development Charges Act does not permit the collection of development charges to fund growth related capital costs for the following services which were previously eligible under the old Act; * Hospitals; Headquarters for municipal administration; Computer equipment; Cultural facilities such as museums, theatres and art galleries; and Waste management services. * * * * Whereas the current Development Charges Act requires a mandatory 10% reduction in the charge for growth related "soft services" such as community centres, libraries and parks; Whereas the requirement in the current Development Charges Act to collect based on the average service level over the previous 10 years is too restrictive and creates practical calculation and implementation issues; Whereas the current Development Charges Act doesn't adequately provide for solutions to meet the challenges of growth that evolve over time (Le. Transportation through subways and forms of higher order transit); Whereas the Province indicated to the Municipal Finance Officers' Association of Ontario (MFOA) in August 2005 that a review of the Development Charges Act would begin in the near future; and Whereas the growth related capital costs are significant, growth continues to occur and growth should pay for growth; NOW THEREFORE BE IT RESOLVED that the Council of the City of Vaughan requests the Province of Ontario to immediately commence a consultative process with the municipal and development sectors to revise the Development Charges Act to address the issues noted above and other concerns that may be raised by the municipal sector; AND THAT this resolution be forwarded to the Honourable Dalton McGuinty, the Premier of Ontario, the Honourable Greg Sorbara, Minister of Finance, the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, Mario G. Racco, MPP, Mr. Dan Cowin, Executive Director of the MFOA and to all municipalities within Ontario with a population greater than 50,000. .../2 6' 1 t:· I CITY OF VAUGHAN EXTRACT FROM COUNCIL MEETING MINUTES OF JUNE 26. 2006 Item 1. CW Report No. 37 - Paqe 2 Economic Impact There is no economic impact as a result of this report, however there continues to be a significant impact to existing taxpayers under the current legislation. Purpose To raise awareness regarding municipal concerns with the current Development Charge Legislation. Backaround . Analvsis and Options The Development Charges Act (DCA) was last updated in 1997. There were a number of changes to the legislation at that time. The result of many of the changes was to reduce the amount of the growth related capital costs that could be included in the development charge. The exclusion of these costs did not diminish the need for the service. Consequently more pressure has been placed on property taxes to raise the required funding and growth is not paying for growth. There is a significant amount of growth occurring now, significant tax dollars are required for the repair and replacement of existing infrastructure and property tax payers are increasingly concerned with property tax increases. It is time for a review of the DCA with the objective that growth should pay for growth. Conclusion Staff recommend that the Province commence a review of the Development Charges Act as soon as possible. Attachments None The Regional Municipality of Durham Clerk's Department , 605 ROSSLAND RD. E, PO BOX 623 WHITBY ON L 1 N 6A3 CANADA 905-668-7711 1-800-372-1102 Fax: 905-668-9963 , E-mail: clerks@region.durham,on.ca www.region.durham.on.ca Pat M. Madill, A.M,C.T" CMM I Regional Clerk "Service Excellence for our Communities" ,': r.o q , l_ C.O (LIZ.. J.. q - 06 June 22,2006 ~ 1,,;t Ms. Suzanne EJstorf 160~J~loo;:~fr~et ße-Ur1ICe, Ontario L 1 E 2S3 (;LC~·~.à RE: REVISIONS TO THE TERMS OF REFERENCE FOR THE DURHAM ENVIRONMENTAL ADVISORY COMMITTEE, . FILE: A01-37 (2006-P-50), OUR FILE: COO-06 Ms. Elston, the Planning Committee of Regional Council considered the above matter and at a meeting held on June 21,2006, Council adopted the following recommendations of the Committee: "a) THAT the Terms of Reference for the Durham Environmental Advisory Committee (DEAC) be revised to allow for youth members and to recognize the extended term of Regional Council, as outlined in Attachment #1 to Report #2006-P-50 of the Commissioner of Planning; and b) THAT a copy of Report #2006-P-50 of the Commissioner of Planning be forwarded to the Durham Environmental Advisory Committee and the eight area municipalities." Please find enclosed a copy of Report#2006-P-50 of AL. Georgieff, Commissìoner of Planning, for your information, j S OR!r~J"!ld l:>Eß , : TO, fCõPV···· C"AeJ2.0LL ¡ TO, t.) E. BUIÙTSMPr -- CORR. ~ FILE TAKE APPR. ACTION .. tv fiÞU P.M. Madill, AMCT, CMM I Regional Clerk PMM/cg Enclosure c: Please see attached list @ l '-töc ~ ) 100% Post Consumer ~. ,6.-; - 2 - c: M. de Rond, Clerk, Town of Ajax G.S. Graham, Clerk-Administrator, Township of Brock P,L. Barrie, Clerk, Municipality of Clarington S. Kranc, Clerk, City of Oshawa ..Ql\..:. Be.Dj~~Clerk, City of Pick~i!.lJfL.,u K. Coates, Clerk, Township of Scugog D. Leroux, Clerk, Township of Uxbridge P. Jones, Clerk, Town of Whitby AL. Georgieff, Commissioner of Planning L. Riviere, Planner "64 t, ,~ The Regional Municipality of Durham To: The Planning Committee From: Commissioner of Planning Report No.: 2006-P-50 Date: June 6, 2006 SUBJECT: Revisions to the Terms of Reference for the Durham Environmental Advisory Committee, File: A01-37 RECOMMENDATIONS: a) THAT the Terms of Reference for the Durham Environmental Advisory Committee be revised to allow for youth members and to recognize the extended term of Regional Council, as outlined in Attachment 1 to Commissioner's Report No. 2006-P-50; and b ) THAT a copy of Commissioner's Report No. 2006-P-50 be forwarded to the Durham Environmental Advisory Committee and the area municipalities. REPORT: 1. PURPOSE 1.1 The purpose of this report is to seek Planning Committee's approval of revisions to the Durham Environmental Advisory Committee (DEAC) Terms of Reference (ToR) to allow for Grade 11 and/or Grade 12 students to volunteer with DEAC as youth members and to delete, as a housekeeping matter, the reference to the three-year term of membership, to recognize the newly extended term of Regional Council. 2. YOUTH MEMBERS 2.1 The 2006 DEAC workplan proposes to develop a youth/student involvement program as part of the Community Outreach and Stewardship Activities. Through it's consideration of this matter, DEAC has concluded that youth membership on DEAC would have several benefits including: 25 6'·' ~' ::-; Report No.: 2006-P-50 Page No.2 · The addition of a youthful perspective on environmental issues addressed by the Committee; · The exposure of the students to a range of environmental planning issues and the functioning of municipal government; · The opportunity for youth members to make a positive contribution to their community; and · The opportunity for youth member's to qualify for their mandatory 40 hours of Community Involvement Activities. 2.2 As such, it is recommended that the ToR be revised to allow for youth members generally as follows: · DEAC membership will be increased from fourteen to sixteen members, two of which shall be youth members; · Youth members shall serve a 10 month term, generally corresponding with the traditional school year; · Youth members will be nominated by the Regional Planning Department and appointed by Planning Committee and Council. The Planning Department will contact the various secondary schools across the Region to advise students of the opportunity to join DEAC; · Youth members are not eligible to sit as DEAC chair or vice-chair, nor are they eligible to vote on committee resolutions; · Youth members must be enrolled as Grade 11 or Grade 12 students and reside in the Region; and · Applicants for youth membership must include a letter of reference from their school and a letter of support from their parent/guardian. (refer to Attachment 1 for details on the revisions to the ToR). 3. TERM OF MEMBERSHIP 3.1 Bill 81, the Budget Measures Act, 2006 received Royal Assent on May 18th, 2006. Among other matters, this Act amends the Municipal Election Act, 1996 and the Municipal Act, 2001 to increase the term of municipal council from 3 to 4 years. 26 t,6G Report No.: 2006-P-50 Page No.3 3.2 Section 4.2 of the DEAC ToR currently states that "Membership shall be a 3- year term corresponding with the term of Regional Council." The specific timeframe of a 3-year term is inconsistent with the revised legislation and should therefore be amended accordingly. 3.3 It is recommended that the DEAC ToR be revised to delete the specific reference to DEAC citizen members serving a 3 year term, so that the policy reads: "Membership for citizen members shall be corresponding with the term of Regional Council." This will allow for DEAC membership to be consistent with the length of the term for municipal councils, without referencing a specific timeline (refer to Attachment 1 for details). 4. CONCLUSION 4.1 The proposed changes to the ToR serve to fulfill one component of DEAC's 2006 Workplan (the inclusion of youth members) and recognize the change to the Municipal Elections Act, 1996 and the Municipal Act, 2001 that serves to extend the term of municipal councils to four years. As such, it is recommended that the DEAC ToR be revised as outlined in Attachment 1. 4.2 This report was prepared in consultation with the Legal Department who advised that the Region does not have any increased liability concerns by permitting minors to join DEAC. /k61 A.L. Georgieff, M.C.I.P., R.P.P. Commissioner of Planning RECOMMENDED FOR PRESENTATION TO COMMITTEE Attachment: 1. Revised DEAC Terms of Reference H:\ 1-2\agendas\2006\06-06-06\DEAC ToR,doc f";'4 ~ , I .. "i I,' b ' Revised .June 2006 Terms of Reference Durham Environmental Advisory Committee 1. Goal 1.1 To provide advice to the Region of Durham on environmental planning matters, as expressed in the Durham Regional Official Plan. 2. Mandate 2.1 The Durham Environmental Advisory Committee (DEAC) is a volunteer Advisory Committee established by Regional Council in accordance with these Terms of Reference. Committee members are guided by these Terms of Reference. 2.2 The Terms of Reference provide for a balance between activities referred from the Planning Department or Regional Planning Committee and a provision for DEAC to be proactive and advise on matters identified on its own initiative. 2.3 Environmental matters may be referred to the DEAC from the Regional Planning Department or Planning Committee. DEAC shall report directly to Regional Planning Committee and/or Regional Planning Department, as appropriate. 3. Scope of Activities 3.1 The scope of the DEAC may include activities such as: a} providing advice on environmental policy directions pursued by the Region. This may include providing advice on official plan amendments related to environmental policies or providing advice on Regional environmental policies through an Official Plan review process; b} providing advice in the identification and implementation of new or existing programs, approaches or policies relating to the protection, sustainability and enhancement of natural resources and systems within the Region in co-operation with other organizations where appropriate. This may include investigating conservation easements, land trusts, tree planting, environmental stewardship, new provincial directions and funding grants; 28 I Attachment 1 t'\'ì' !. 0 ) c) providing advice in identifying and implementing community outreach activities which support the growth of environmental awareness and appreciation in Durham Region in co-operation with other organizations where appropriate. This may include recommending and assisting with educational workshops or homeowner guides which can be used by the public in areas such as tree cutting, fertilizer use, erosion control and general enhancement of the environment; d) providing advice on Regional environmental data in co-operation with other organizations where appropriate; e) providing advice on the state of environmental resources such as water resources and natural heritage features such as wetlands, forests, and wildlife within Durham Region in co-operation with other organizations where appropriate; f) appointing a member of DEAC to participate on steering committees for environmental impact studies related to Regional Official Plan Amendment applications. In accordance with the Region's approved EIS Guideline, a DEAC representative would participate in Regionally co-ordinated EIS's and peer reviews; and g) at the request of Planning Committee or the Regional Planning Department, provide advice on miscellaneous matters as they arise. 4.1 4. Composition L.Deleted: f~urtee~__,,___J 4.2 The DEAC will be comprised of ¡;_i)(t~e~_æ~æl;>~~~_i_nJ~~~!:J~D!~~~f!_ºL_________ ,," which will be citizen members, two of which will be youth members. plus one member of Planning Committee. The thirteen citizen members and two youth members shall not hold elected office (municipal, provincial or federal). All members are regarded as private citizens and do not represent their respective employers or advocacy group in their capacity as a DEAC member. Membership for citizen members shall..corre~p'ofld,witht~~.terl1l of Regional Council. Membership for youth members shall be a 10 month term qenerally correspondinq with the traditional school year. At the end of each term members will be asked to consider their interest in remaining for an additional term. If a member chooses to resign the Region will seek a replacement in accordance with Section 5. However, citizen members shall continue to serve until their replacements are appointed by Regional Council. At the discretion of the DEAC, non-attendance of three consecutive meetings will be sufficient grounds for replacement. ,-I Deleted: be a 3-year term , . ~ . "-.( Deleted: ing 4.3 DEAC will strive to maintain a high level of relevant technical expertise and competence in environmental issues within its membership. 29 \..,6,'. 5. Membership Selection 5.1 For the selection of citizen members. .the Regional Planning Department will place a newspaper advertisement within each area municipality requesting expressions of interest from individuals willing to volunteer for appointment to the DEAC. Interested individuals will be required to provide a brief resume and statement of interest. Responses from the advertisement will be forwarded to the respective area municipality with a request that the local Council nominate one representative. Regional Planning staff, from the remaining resumes received, will nominate a sufficient number of members at large in order to bring the citizen membership to thirteen. All members of the DEAC will be appointed by Planning Committee and Council. 5.2 Regional Council shall appoint a representative and an alternate to DEAC from the members of Planning Committee. 5.3 In nominating citizen members to the DEAC, regard shall be given to the aim of achieving a combination of technical experts and community representatives with knowledge of environmental and land use planning matters. Regard shall also be given to residency within the Region and availability to attend meetings. An elaboration of the selection criteria is provided in Appendix 1. Section A. of the Terms of Reference. The nomination of members at large will help to achieve the desire of a diverse and balanced DEAC. All residents of Durham Region are eligible for membership. I 5.4 In the case of a citizen member vacancy, the approach described in Sections 5.1 and 5.2 will generally be followed, 5.5 For the selection of youth members. the Reqional Planninq Department shall contact the secondary schools in the Reqion of Durham. and request that students be notified about the opportunity to volunteer with DEAC. Students willinq to volunteer for DEAC shall submit a letter of interest, outlininq their knowledQe about the environment. Reqional Planninq staff will nominate two youth members from the responses received, Youth members will be appointed by Planninq Committee and Council. 5.6 In selectinq youth members. consideration shall be qiven to ensure representation from both the urban and rural communities. An elaboration of the selection criteria is provided in Appendix 1, Section B of the Terms of Reference. 5,7 In the case of a youth member vacancy. the approach described in Section 5.5 and 5.6 will qenerallv be followed. 30 r Deleted: T ',' Formatted: Bullets and '/ Numbering '----______.__n_..".._n.._'.'_-' 6, Officers 6.1 A chair and two vice-chairs (first and second) will be elected annually by the membership of the DEAC. The Planning Committee representative will chair the inaugural DEAC meeting. 6,2 Youth members are not eliqible to sit as chair or vice-chair" , . 7. Support Services 7.1 The Commissioner of Planning or designate shall serve as staff liaison to the DEAC. The liaison will provide administrative, procedural and technical support to the DEAC. 7.2 The liaison will co-ordinate all requests for advice from the DEAC, through meeting agendas and addenda to meeting agendas. DEAC responses to such requests shall be co-ordinated by the liaison to the Planning Department or Planning Committee. 7.3 The Region will provide secretarial and other support services. Regional Council will provide a budget to cover the operational expenses of the DEAC, and this budget will be administered by the Planning Committee. 8. MeetinQs 8.1 The DEAC will meet once a month in the Regional Planning Department office. The DEAC will establish a meeting schedule at its inaugural meeting taking into account the business needs and the schedule of Council and Planning Committee. The DEAC shall provide Planning Committee with a schedule of meetings in December for the following year. Special meetings may be held at the call of the Chair. Planning Committee is to be kept informed of such meetings. 8.2 Unless othelWise determined, all meetings will be open to the public. As a formal advisory Committee to the Region, the DEAC is subject to the Regional Procedural By-law, unless othelWise specified in the Terms of Reference. 8.3 A quorum for a DEAC meeting shall consist of half of the sitting DEAC members, plus one. 9. Deleqations of Committee MeetinQs 9.1 Any person(s) wishing to appear before the DEAC as a delegate must submit a request to the staff liaison in the Regional Planning Department, advising of the topic or item to which they wish to speak. All requests for delegations must be received at least one week prior to the meeting to ensure that the delegation is included on the agenda. Any person wishing 31 t,'iO --------.'.-..---.- I Formatted: Bullets and . Numbenng (-D~ï;;;¡;' -."'''.''''...--.,..-- .---"."".- t'1 ,1 I,: ( ¡ to address the DEAC as a delegate, who has not previously arranged to do so, may be granted permission to do so only by Committee resolution. 10. Minutes and Aqenda 10.1 The minutes of each DEAC meeting will be amended as necessary and approved at the following meeting. The unapproved minutes will be forwarded to the next regularly scheduled Planning Committee meeting. When approved, any amendments will be forwarded to Planning Committee. The DEAC agendas will be prepared by the staff liaison and the DEAC chair or vice chair with input from other DEAC members. As the first item of business at every meeting, the Committee shall approve its agenda, 11. Committee Resolutions 11.1 The DEAC will seek to achieve consensus on decisions. Recommendations are "carried" if supported by a majority. Only resolutions as they appear in the adopted Minutes may be considered as officially representing the position of the DEAC.. 11.2 Youth members are not eliqible to vote on committee resolutions. 12. Annual Reports and Workplan 12.1 An annual report summarizing the activities completed in the previous year shall be prepared by the DEAC. The annual report shall be forwarded to Planning Committee. 12.2 An annual workplan with an estimate of the resources necessary and any suggested revisions to the Terms of Reference for the coming year shall also be prepared by the DEAC for consideration and approval by Planning Committee and Council. To avoid duplication. the DEAC shall ensure that the workplan is co-ordinated with other environmental initiatives in the Region. 12.3 An annual review of the DEAC by Planning Committee will be completed to examine the effectiveness of the Committee and to ensure continued improvements. 1")') J .~ I Formatted: Underline I' Formatted: Bullets and , Numbering 7.2 APPENDIX 1 A) Citizen Membership Eligibilitv Criteria To facilitate the nomination and appointment of new citizen members to the DEAC the following criteria will be considered. The aim is to achieve a diverse committee with a combination of technical experts and community representatives. 1. Residency Members should reside in Durham Region. 2. Technical Expertise A high level of technical expertise is required within the Committee. Applicants with academic qualifications and/or work experience in environmentally-related disciplines will be an important consideration. 3. Community Representatives Consideration shall be given to the individual's level of participation and knowledge of environmental issues and the planning process. The relevance of their interests to the mandate of DEAC will be an important consideration. 4. Availability It is important that an applicant be able to attend as many DEAC meetings as possible and undertake work outside of the regular monthly meetings. An applicant should be able to be contacted or reached during the day in order for meetings to be arranged. B) Youth Membership Eligibilitv Criteria To facilitate the nomination and appointment of youth members to the DEAC the following criteria will be considered. 1. Residency Youth members should reside in Durham Region. 33 '", ' ",1 t" I.' 2. Education Youth members must be enrolled in Grade 11 or Grade 12 and express an interest in environmental matters. 3. Availabilitv 14. It is important that an applicant be able to attend as many DEAC meetings as possible. An applicant should be able to be contacted or reached during the day in order for meetings to be arranged. ,Letter of Reference/Support . Applicants for youth membership must include a letter of reference from their school and a letter of parental/guardian support with their expression of interest. N:\Strategic PB\Staff Folders\lr\DEAC\lerms of reference - revised spring 2006,doc 34 1'''F~~;~-tÏ:;'~Ï~de~t;-Left: 0-'1 ,=;~:,"~~~2~~_~,27 cm==~~=" " í Formatted: Underline 'ì ..--..-....---..----.---.--. The Regional Municipality of Durham Clerk's Department 605 ROSSLAND RD, E. PO BOX 623 WHITBY ON L 1 N 6A3 CANADA 905-668-7711 1-800~372c 1102 Fax: 905-668-9963 E-mail: clerks@region.durham,on,ca www.region.durham.on.ca Pat M. Madill, A.M.C.T., CMM I Regional Clerk I·?~: -,... œ I .' ' u r::'" f I. ~ ,QL::>ìµ,J l- t E. ï3u.n+6 m .S , " Do r ß è. L... "Service Excellence for our Communities" THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS "j' t; { ,+ CORe, 50 t -('¡Co June 22, 2006 Ms. D.A. Bentley City of Pickering 1 The Esplanade Pickering, ON L 1V 6K7 RE: TIERED EMERGENCY RESPONSE: EMERGENCY FIRE AND MEDICAL SERVICES (SC#41) (2006-F-33) OUR FILE: P02-00 Please be advised that the Finance and Administration Committee of Regional Council considered the above matter and at a meeting held on June 21,2006, Council adopted the following recommendations of the Committee: "a) THAT the City of Oshawa Report OS-05-37-CM (Attachment #1 to Report 2006-F-33) be received for information; b) THAT as requested by the City of Oshawa, Regional Council confirm its commitment to future consideration of local fire station locations as potential locations for new ambulance facilities, where co-location opportunities meet Emergency Medical Services (EMS) operational requirements and offer proximity to call-density demand; c) THAT subject to the results of Ministry of Health and Long- term Care pilot projects underway in Niagara Region and the City of Ottawa, and analysis of funding alternatives, Regional Council support in principle the City of Oshawa's request to have operational control of the Provincial Central Ambulance Communications Centre (CACC) transferred to Durham Region EMS; d) THAT the existing Durham Tiered Response Committee, which includes the Medical Director, Fire Coordinator, representatives from CACC, Durham's Base Hospitals, Local Area Fire Services, Durham EMS and Regional Police/911, be requested to review the Region's current (1997) Tiered Response Agreement, new Provincial Guidelines, and recent service demand and call volume changes and trends, to * ( þ~ ~fo) 100% Post Consumer 7'" l: ;) THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS determine whether an update of the Tiered Response Agreement is necessary to maximize the quality and efficiency of emergency response services, and minimize Regional and Local Area Municipal cost impacts, through the optimal use of available resources and technology; e) THAT the Region continue with current arrangements under the existing Tiered Response Agreement, with a renewed commitment to fund an emergency medical supplies exchange/replacement program, including oxygen, utilized by fire services when they administer first aid, cardio pulmonary resuscitation (CPR) or automated defibrillation, prior to arrival of a certified primary or advanced care paramedic; and f) THAT a copy of Report 2006-F-33 be forwarded to Durham Region Local Area Municipalities, Durham Region Fire Chiefs, the CACC, Durham Base Hospital, the Durham Regional Police Service Board, Director of the Emergency Health Services Branch, Ontario Ministry of Health and Long-Term Care, President, Association of Municipal Emergency Medical Services of Ontario, and Durham Tiered Response Committee members." Enclosed as directed, is a copy of Report #2006-F-33 of the Commissioner of Finance. P.M. Madill, AM.C.T., CMM I Regional Clerk PMM/nb Encl. c: Mr. RJ. Clapp, Commissioner of Finance The Regional Municipality of Durham Report to Finance and Administration Committee From: R.J. Clapp, Commissioner of Finance Report No.: 2006-F-33 Date: June 14, 2006 L7ß SUBJECT: TIERED EMERGENCY RESPONSE: EMERGENCY FIRE AND MEDICAL SERVICES RECOMMENDATIONS: That the Finance and Administration Committee recommend to Regional Council that: 1) The City of Oshawa Report OS-05-37 -CM (Attachment #1) be received for information. 2) As requested by the City of Oshawa, Regional Council confirm its commitment to future consideration of local fire station locations as potential locations for new ambulance facilities, where co-location opportunities meet Emergency Medical Services (EMS) operational requirements and offer proximity to call-density demand. 3) Subject to the results of Ministry of Health and Long-term Care pilot projects underway in Niagara Region and the City of Ottawa, and analysis of funding alternatives, Regional Council support in principle the City of Oshawa's request to have operational control of the ProYincial Central Ambulance Communications Centre (CACC) transferred to Durham Region EMS. 4) The existing Durham Tiered Response Committee, which includes the Medical Director, Fire Coordinator, representatives from CACC, Durham's Base Hospitals, Local Area Fire Services, Durham EMS and Regional Police/911, be requested to review the Region's current (1997) Tiered Response Agreement, new Provincial Guidelines, and recent service demand and call volume changes and trends, to determine whether an update of the Tiered Response Agreement is necessary to maximize the quality and efficiency of emergency response services, and minimize Regional and Local Area Municipal cost impacts, through the optimal use of available resources and technology. 5) The Region continue with current arrangements under the existing Tiered Response Agreement, with a renewed commitment to fund an emergency medical supplies exchange/replacement program, including oxygen, utilized by fire services when they administer first aid, cardio pulmonary resuscitation (CPR) or automated defibrillation, prior to arrival of a certified primary or advanced care paramedic. 89 \,,17 " Report No.: 2006-F-33 Page No.2 6) A copy of this report be forwarded to Durham Region Local Area Municipalities, Durham Region Fire Chiefs, the CACC, Durham Base Hospital, the Durham Regional Police Service Board, Director of the Emergency Health Services Branch, Ontario Ministry of Health and Long-Term Care, President, Association of Municipal Emergency Medical Services of Ontario, and Durham Tiered Response Committee members. 1.0 HIGHLIGHTS · As requested by the City of Oshawa, it is recommended that Regional Council confirm its commitment to future consideration of local fire station locations as potential locations for new ambulance facilities, where co-location opportunities meet EMS operational requirements and offer proximity to call-density demand. · It is also recommended that Regional Council support in principle Oshawa's request to have operational control of the CACC transferred to Regional EMS, subject to the results of Ministry of Health and Long-term Care pilot projects currently underway in Niagara Region and the eity of Ottawa, and analyses of funding alternatives. The Province has determined, subject to the success of the pilots, that other Regions may benefit from the downloading of the dispatch service. · Durham's emergency responders operate under a 1997 Tiered Response Agreement outlining the conditions under which tiered response is activated and deactivated, and the capabilities, expectations and limitations of each agency involved, including CACC, Fire Services, EMS and the Police Service. The agreement determines under what circumstances safety agencies call upon each other for assistance. · New 2005 Provincial Guidelines for Tiered Response recommend annual reviews of Tiered Response Agreements. It is recommended that the Tiered Response Committee for Durham Region review the existing 1997 agreement, new Provincial Guidelines, and recent service demand/call volume trends to determine whether the Region's agreement supports the highest quality, highest efficiency emergency response, and minimizes cost impacts, through the optimal use of resources and technology. · Given the increase in the proportion of medical calls, it may be more effective from an economic and service quality perspective for the Region to increase funding for Regional EMS services to decrease EMS response times, rather than increasing funding for first response services that do not provide the same level of 'out of hospital medical care' increasingly required at the scene. Fire Service equipment, fire trucks, and personnel are a relatively expensive way to respond to a non-fire single patient medical call, as compared to one relatively small EMS first response vehicle with one paramedic. 90 Report No.: 2006-F-33 Page NO.3 t ' 7 8 . 2004 statistics received from the Lakeridge Health Corporation Base Hospital Advanced Life Support Program for Durham Region demonstrate that of 282 cardiac patient responses, EMS either arriyed first, or at the same time, as the fire service 49% of the time. Once emergency resources were at the scene however, fire connected their defibrillator in 15% of cases, compared to 85% for EMS, and the Fire Service shocked cardiac patients 5% of the time compared to 95% for EMS. . Tiered response agreement criteria for the Region needs to reflect current realities, maximize financial efficiencies in service deliyery for all taxpayers, as well as consider local conditions (e.g. rural versus urban area issues). According to Provincial Guidelines, factors to consider in updating the current agreement include: · The intention to provide a clear response time advantage by one of the other partners, over the primary responding agency; · Geographical distances in rural or remote areas; · Differences between full-time, part-time and volunteer agencies; · The type and level of emergency services and resources available; · The type and level of training and equipment available. . For some of the smaller fire departments, service may be provided on a part-time and/or composite (full-time and part-time) basis and therefore the procedure for Tiered Response can vary accordingly. The CACC must under these circumstances consider the length of time it will take for volunteer firefighters to arrive at the station and go mobile on the call. . It is recommended that Regional Council continue with current Tiered Response funding arrangements, including a renewed commitment to fund the supplies exchange/replacement program, including oxygen utilized by fire services when they administer first aid, cardio pulmonary resuscitation (CPR) or automated defibrillation, prior to arrival of a certified paramedic. 2.0 BACKGROUND . The City of Oshawa Council on March 21, 2005 adopted the following recommendations of its Operational Services Committee: "1. That the Region of Durham be: (a) requested to reimburse all costs associated with the provision of EMS service provided by municipal Fire Services, as per Option 2 outlined in Section 3.2.3 of Report OS-05-37-CM dated March 8,2005; and, (b) continue to comply with established resp,onse protocols for the dispatch of municipal Fire Services. 91 f¡ .'., ! I Report No.: 2006-F-33 Page NO.4 2. That Report OS-05-37 -CM be forwarded to Durham Region municipalities, the Association of Municipalities of Ontario, area MPP's, the Association of Municipal Emergency Medical Services of Ontario, the Ontario Association of Fire Chiefs, the Ontario Fire Marshal's Office, and the Ministry of Community Safety and Correctional Services requesting a letter of support be forwarded to the Minister of Health and Long-Term Care for increased funding for the Regional provision of Emergency Medical Services, Regional reimbursement of costs for municipal Fire Services EMS support, and the transfer of the Central Ambulance Communications Centre (CACC) to Regional EMS. 3. That the Ministry of Health and Long-Term Care arrange a meeting with the Ministry of Community Safety and Correctional Services, and the Ontario Association of Fire Chiefs to address improvements in the EMS model including increased funding for the provision of emergency medical services. 4. That the Ministry of Health and Long-Term Care be requested to establish up- to-date response time standards for Regional EMS. 5. That the City of Oshawa request the support of other Durham Municipalities to have Durham Region in its development plans for new emergency medical service facilities ensure comprehensive location analyses are completed which include local fire station locations as possible locations for ambulance facilities. " · On April 13, 2005, Regional Council referred the City of Oshawa Correspondence to the Finance and Administration Committee. · On June 8, 2005, the issue was referred to Regional Finance staff for a report. Local Area Councils have notified the Region of their endorsement of the City of Oshawa recommendations. 3.0 TIERED RESPONSE PROGRAM · While emergency agencies (EMS, Police and Fire) have traditionally always assisted each other upon request, with the adyent of Advanced Life Support Programs (ALS) in Ontario, the Ministry of Health established prerequisites for the implementation of Dual and/or Tri-agency response. One prerequisite is the development of a formalized Tiered Response Program for each ALS area. 92 Report No.: 2006-F-33 Page No.5 tlBO . In 1989 and 1990 meetings between the CACC and stakeholders, including Police and Fire agencies resulted in criteria being agreed upon. For medical calls, when requested by CACC, the Fire or Police would respond to provide first aid and/or cardio pulmonary resuscitation (CPR) until an ambulance arrived. Although police services participate, it was agreed that under normal circumstances the nearest fire service would be requested first, in view of the availability and strategic location of fire stations. Where fire was already engaged and/or where a police cruiser was known to be in proximity, the police would ,be requested to respond. · Since larger urban centres had the personnel and the resources, a number of Fire Departments agreed to respond automatically when the CACC received any calls following under the following criteria: · Absence of breathing; · Unconsciousness; · Severe Bleeding; · Motor vehicle collision with ambulance responding; or Real or apprehended heart attack where absence of breathing or unconsciousness has not occurred. · For some of the smaller fire departments, service may be provided on a part-time and/or composite (full-time and part-time) basis and therefore the procedure for Tiered Response can vary accordingly. The CACC must under these circumstances consider the length of time it will take for volunteer firefighters to arrive at the station and go mobile on the call. Original Tiered Response Programs commenced on May 1,1990. · Throughout the 1990s, the Ontario Ministry of Health and the Fire Marshal's Office jointly developed the Tiered Response Program. The Ministry issued letters of explanation to all fire services, CACC, base hospitals, district health councils and municipalities (see attachment #2). 4.0 TIERED RESPONSE IN DURHAM REGION · Durham's emergency responders continue to operate under the 1997 Tiered Response Agreement, a written formal agreement between the fire services and the CACe spelling out the terms and conditions under which tiered response is activated and deactivated and the capabilities, expectations and limitations of each agency involved in the agreement (Fire Services, EMS and the Police Service). · The agreement determines when and under what circumstances participating public and/or private safety agencies call upon each other for assistance. 93 -, ~ t' 8 ~ Report No.: 2006-F-33 Page NO.6 · EMS was downloaded to the Region in 2000 however the Province retains responsibility for the CACC (dispatch). According to the Ministry of Health, any changes to the existing local Tiered Response Agreement are now subject to negotiations between the Region (EMS and Police), and Local Area Municipal fire services (see Attachment #3). · According to the October 2005 letter from the Ministry of Health and Long-Term Care: "The Ministry worked with municipal public safety partners and ambulance operators to promote the development of Tiered Response Agreements... With the transition of responsibility for land ambulance services to the municipal sector, the responsibility for ensuring the proper provision of land ambulance services became that of municipalities, including the responsibility to determine if there is a need to promote, implement or maintain Tiered Response Agreements in conjunction with the other municipal public safety agency partners." · Tiered response is considered an effective method of coordinating public or private safety agencies to provide rapid first response assistance to the public. Tiered response endeavors to send the closest agency, based on time, to render assistance at the scene of an emergency incident until the primary response agency can arrive. In the case of medical calls, EMS is the primary response agency. · New 2005 Provincial Guidelines for Tiered Response (see Attachment #4) recommend participating agencies conduct an annual review of their Tiered Response Agreements to ensure capabilities, expectations and limitations of each agency are outlined and criteria for participation maximizes the quality, timeliness and efficiencies of emergency response. · Within the Region of Durham, there currently exists a Tiered Response Committee. The Committee is comprised of the Fire Coordinator, Medical Director and representatives from CACC, Durham's Base Hospital (Lakeridge Health Oshawa), Local Area Fire Services, Durham EMS and Regional. Police/911. The Medical Director is part of the base hospital program and is the certifying Medical Director for all paramedics in the Region, and all fire service defibrillation programs (Dr. Rudy Vandersluis). · It is herein recommended that the existing Durham Tiered Response Committee be requested to review the Region's existing (1997) Tiered Response Agreement, new Provincial Tiered Response Guidelines, and recent service demand and call volume changes and trends in order to determine whether the Region's Tiered Response Agreement supports the highest quality, highest efficiency emergency response and minimizes cost impacts, through the optimal use of resources and technology. 94 Report No.: 2006-F-33 Page No. 7 '.', 8" , " "- · Until completion of the review by the established Tiered Response Committee, it is recommended that Regional Council continue with current arrangements under the existing Tiered Response Agreement, including a renewed commitment to fund the supplies exchange/replacement program, including oxygen, utilized by fire services when they administer first aid, cardio pulmonary resuscitation (CPR) or automated defibrillation, prior to arrival of a certified primary or advanced care paramedic. 5.0 2004 DATA ON EMERGENCY RESPONSE · The City of Oshawa report (Attachment #1) identifies a trend towards increasing medical emergency calls received by Fire Services Emergency Response compared to non-medical emergency response provided by the fire department, including calls for fire suppression, emergency rescue, auto extrication, and hazard materials response. · The following chart shows City of Oshawa medical calls have increased by 50% since 2000, while non-medical fire and rescue calls have increased by only 8% over the same period. City of Oshawa Fire Services Emeraency Responses Total # Total calls # of Medical # of Non- Non-medical Calls Increase Medical Calls medical Calls Increase Calls Increase Calls (%) (%) (%) 2000 6,519 - 2,877 - 3,642 - 2001 7,308 12% 3,554 24% 3,754 3% 2002 7,445 2% 3,619 2% 3,826 2% 2003 8,231 11% 4,293 19% 3,938 3% 2004 8,249 0.2% 4,319 1% 3,930 -0.2% . Trends across other Durham municipalities are consistent, with medical calls now representing 35% (Town of Ajax) to 52% (City of Oshawa) of all calls received by Area Municipal fire services. EMS call volume growth has more than doubled from 33,877 to 73,004 calls, since the service was downloaded from the Province in 2000. Approximately 55% of these calls are code four (potential life-threatening) emergency calls. . In addition to significant population growth in Durham Region, including a larger elderly population, the increased proportion of medical calls is likely the result of improved fire codes and safety standards for new residential, commercial and industrial facilities, and successful fire prevention education campaigns launched by municipal fire services. 9S 8" ,. .' "J' ....,~ , Report No.: 2006-F-33 Page No.8 · From an economic perspective, given the increase in the proportion of medical calls, it may be more effective, from a taxpayer perspective, for the Region to increase funding for EMS services and decrease EMS response times, rather than increasing funding for first response services that do not provide the same level of 'out of hospital medical care,' increasingly required at the scene. Fire Service equipment, trucks and personnel may be a relatively expensive way to respond to a non-fire single patient medical call, as compared to sending one EMS first response vehicle with one primary or advanced care paramedic. · 2004 statistics received from the Lakeridge Health Corporation Base Hospital Advanced Life Support Program for Durham Region demonstrate that of 282 cardiac patient responses recorded, EMS either arrived first, or at the same time, as the fire service 49% of the time. Once emergency resources were at the scene however, fire connected their defibrillator in 15% of cases, compared to 85% for EMS, and the Fire Service shocked cardiac patients 5% of the time compared to 95% for EMS. 6.0 EMERGENCY RESPONSE STANDARDS · The City of Oshawa has recommended that the Ministry of Health and Long-Term Care be requested to establish up-to-date response time standards for Regional EMS. · The current EMS performance standard set by the province applies to requests for out of hospital medical care based on Code 4 (Potential Life-Threatening) requests for service. The EMS response time or "stopping the clock" is not impacted by the arrival of any first response personnel (Public Access Defibrillation, First Aid Provider, Fire Service Emergency First Responder). The response time of these agencies is not tracked by CACC. · The 90th percentile fractional response time remains a service delivery measurable in the certification review requirements contained in the current Ambulance Act and associated Regulation. The 90th percentile fractional response time for EMS is the lapsed time between the notification of EMS (Time 2) and the arrival of a fully qualified and equipped Primary or Advanced Care Paramedic employed by a certified ambulance service (Time 4) at the scene. · Regional Council and EMS have significantly improved the EMS service and infrastructure available within the Region, increased the availability of advanced care paramedic service, and dealt with a doubling of call volume, while consistently and concurrently decreasing response times. New equipment, yehicles and technology, as identified in the current EMS five-year forecast will continue to improve response times. 96 Report No.: 2006-F-33 Page NO.9 '8 .' '.!. " ~.. ~ · In reYiewing the existing Tiered Response agreement, the emergency agencies are best able to ensure each agency's capabilities, expectations and limitations are considered, and that criteria established for participation will maximize the quality, timeliness and efficiencies of emergency response. · Tiered response agreement ëriteria for the Region needs to reflect current realities, maximize financial efficiencies in service delivery for the Region and local area municipalities, as well as consider local conditions (e.g. rural versus urban area issues etc.). According to the Province's 2005 Tiered Response Guidelines, factors to consider in updating the current agreement include: · The intention to provide a clear response time advantage in scene arrival by one of the other partners, over the primary responding agency; · Geographical distances in rural or remote areas; · Differences between full-time, part-time and volunteer agencies; · The type and level of emergency services and resources available; and, · The type and level of training and equipment available. · In order for a tiered response program to provide the greatest benefit to the public, all appropriate participating agencies need to respond to clinically life threatening incidents, when there is a significant response time advantage in scene arrival, over the usual primary agency response time. Levels of participation by municipalities and safety agencies will vary based on community needs and resources. 7.0 CENTRAL AMBULANCE COMMUNICATIONS CENTRE (CACCl · According to the "Land Ambulance Service Review" conducted by 181 Group and Partnering and Procurement Inc. in 1998: "The key factor in ensuring a high performance standard of ambulance service is monitoring response, resource utilization and communication with the public, allied services and the medical community. The centre point for this information is the communications centre. The dispatch system must be capable of providing adequate information and documentation in a timely manner, to ensure that both the communications and the fleet operations are operating efficiently and to performance standards. One system that did not appear to work optimally was in Nova Scotia where a private firm operated the communications system and dispatched another private company, which was operating the fleet ambulance services. The specific issues of concern deal with responsibilities and control over response when performance criteria are not met." (Page 7) 97 t . 8 ~'~) Report No.: 2006-F-33 Page No. 10 · The City of Oshawa Report OS05-37 -CM (page 12) notes that inefficiencies are present in the status quo tiered response model. Regional EMS is not adequately funded by the Province and dispatch service remains a Proyincial responsibility. Since the Province's system is not automated, calls to the Region and Fire Services are not delivered simultaneously and the involvement of the Province in CACC means the dispatch function is through a third party and messages to EMS and Fire are not always consistent with regard to information on the emergency or service required. Notification delays can mean significant delays in emergency response for one or both agencies. · The City of Ottawa and the Ministry of Health and Long-Term Care have signed an agreement that will see the city operate the Ottawa CACC. The agreement commenced December 1, 2002 for a five-year period. Also, Niagara Emergency Medical Services - Communications, is the sole provider of ambulance communication services for the Niagara Region. As part of a 5-year pilot project with the Province of Ontario, the Regional Municipality of Niagara was named the successful bidder for the operation of a Niagara-based dispatch in July of 2004. · The Province has determined, subject to the success of these pilots, that other Regions are likely to benefit from downloading dispatch service. 8.0 NEW PROVINCIAL GUIDELINES. FUNDING AND OTHER CONSIDERATIONS · In the Fall 2005, the Ministry of Health and Long-Term Care, Office of the Fire Marshal and the Ontario Association of Fire Chiefs completed new guidelines for "Developing Tiered Response Agreements for Emergency Services Delivered in Ontario" (Attachment #4). These guidelines include clear response guidelines for CACC, and reduce and harmonize the number of protocols for tiered response within the communities of Ontario. · There have also been recent funding announcements that will positively impact the Region's EMS performance. The impacts of these announcements should be considered in any changes to the current service or to Tiered Response Agreements. · On January 30, 2006, the Ontario Government announced a $96 million plan to ease ambulance off-load and emergency department wait-times, which could reduce the time paramedics spend in hospital emergency departments awaiting the opportunity to transfer medical care of patients to hospital personnel. Also, on February 21, 2006, the Province announced an additional $300 million to achieve a true 50/50 partnership for land ambulance services by 2008. Annual funding for land ambulance is anticipated to increase from $280 million to $333 million by 2007 and $385 million by 2008. 98 Report No.: 2006-F-33 Page No. 11 8' ,~ .. ',' , . - i . Since the EMS service was downloaded to the Region in 2000, there have been significant improvements made within the service Region-wide, including service enhancement through increased availability of advanced care paramedics, equipment and capital upgrades, station construction and enhancement and the implementation of Global Positioning System (GPS) technologies. . The introduction of GPS technology in EMS will improve the ability to monitor and provide balanced emergency medical service coverage across the region. The GPS- based automated vehicle locating (A VL) system was just installed in each Regional EMS ambulance and emergency response vehicle during late 2004. EMS has just received Ministry of Health mobile locator software (digital mapping), which will be installed and active in all vehicles by the summer of 2006. Paramedics have recently completed training with the software, which will provide in-vehicle updated digital mapping to further enhance response times and improve the reporting of time intervals, allowing for increased focus for improvements and higher levels of service. 9.0 RESPONSE TIMES. LEVELS OF SERVICE AND TRAINING · Response times are a crucial factor in successful emergency response, as is the application of the appropriate services and resources to specific emergencies. · The types of service provided by Fire Services versus EMS are different and need to be considered in any changes made to the current tiered response agreement that exists. 9.1 Durham Reaion EMS · The Region's EMS is one of the largest paramedic services in Ontario and is the sole licensed ambulance operator in the Region. · The EMS division is comprised of over 200 paramedics, a fleet of over 30 ambulances, three emergency response units, three emergency response and command vehicles, one emergency support unit, one supply and service unit, and nine ambulance stations. The team includes a combination of primary care and advanced care paramedics. Paramedic team members can perform both out of hospital emergency medical care and transportation for individuals experiencing acute injury or illness and/or medically necessary non-emergency transportation. · In 2000, when the EMS service was downloaded, the Province provided EMS response-time standards that the Province was not even in compliance with at the time. Under the standards, Regional EMS is to maintain 1996 response times, or a 90th percentile response time for the entire Region of Durham of nine minutes and 46 seconds. 99 8' \.,\' ( Report No.: 2006-F-33 Page No. 12 . Although significant investment and quality improvements have been made since the 1996 download, the Region has also had to contend with a doubling of call volume growth, from 33,877 calls in 2000 to 73,004 calls by 2005 and various other internal and external impact factors (e.g. off-load delay, traffic volumes). While the 1996 criteria is being surpassed by EMS in certain areas of the Region, namely in the City of Oshawa and the Towns 01 Whitby and Ajax, further actions are underway to improye response times in Durham overall. Region of Durham Emergency Medical Services Response Times (1) 90th Percentile Response Time Munici ali Durham Region Ajax Brock Clarington Oshawa Pickering Scugog Uxbridge Whitb 2005 0:10:24 0:09:18 0:19:00 0:14:10 0:08:03 0:10:26 0:15:59 0:15:17 0:09:55 Call Volumes Munici aU Durham Re Ajax Brock Clarington Oshawa Pickering Scugog Uxbridge Whitb Call Volume 2005 72,122 7,467 1,739 7,859 25,016 9,239 5,454 2,646 12,702 (1) The "stop-the-clock" time, the 90th percentile fractional response time for EMS, is the lapsed time between the notification of EMS and the arrival at the scene of a fully qualified and equipped Primary or Advanced Care Paramedic employed by a certified ambulance service. . The performance standard set by the Province only applies to requests for out of hospital medical care based on Code 4 (potentially life-threatening) emergency requests for service. EMS response time or "stopping the clock" is not impacted by the arrival of any first response personnel (Public Access Defibrillation, First Aid Provider, Fire Service, Emergency First Responder et al.) as the response time of these agencies is not tracked by the provincial Central Ambulance Communications Centre (CACC). 1 00 ('88 Report No.: 2006-F-33 Page No. 13 · The 90th percentile fractional response time remains a service delivery measurable in the certification review requirements contained in the current Ambulance Act and associated Regulations. 9.2 Advanced Care Paramedics · During 2001, the Region implemented a Region-wide Advanced Life Support paramedic service (Advanced Care Paramedic), which was previously only available in the City of Oshawa. Currently, approximately 55% of the Region's paramedics are trained in advanced life support and one or more Advanced Life Support vehicles are located in every EMS station throughout the Region providing 100 percent coverage. · The Region's advanced care paramedics are required to successfully complete a number of educational components each year. These individuals complete the same mandatory training programs mandated for primary care paramedics, but are also responsible to complete an average of 48 hours per year in continuing medical education (CME) in order to maintain their certification. 9.3 Primary Care Paramedics æQf} · Primary care paramedics are required to successfully complete a number of educational components each year to ensure they maintain a high level of readiness, knowledge and expertise in the field of pre-hospital medicine. For example, annual recertification courses are necessary on the administration of medications and cardiac defibrillation. As well, the Ministry of Health and Long-Term Care mandates education each year and mandatory training is a requirement to retain a licence for provision of land ambulance service. Each primary care paramedic receives an average of 48 hours of combined CME each year. 1 01 t ,gq Report No.: 2006-F-33 Page No. 14 . Components of EMS service include the following: Primary Care Paramedic Advanced Care Paramedic Cardiac Monitoring Cardiac Monitoring' Manual defibrillation Semi-automated defibrillation (shocking the heart) (shocking the heart) Delivery of Symptom Relief Medication Delivery of Symptom Relief Oral and Nasal Intubation (breathing tube) Medication: Intravenenous (IV) and Intraosseous (10) Aspirin (for possible heart attack) Access Nitroglycerin (for cardiac pain) Intrayenous drug deliyery: Epinephrine (for anaphylaxis, asthma Epinephrine and croup) Atropine Glucagon (for diabetic reaction) Lidocaine Ventolin (for airway constriction) Dopamine Midazolam DextroselWater (D50) Fentanyl Narcan Adenosine 12-Lead Cardiac Acquisition and Interpretation Transcutaneous Cardiac Pacing Synchronized Cardioversion Needle Chest Decompression Needle Cricothyrotomy Pediatric Intraosseous Placement Vagal Manoeuvres 9.4 Durham Reaional Police Service . The Durham Regional Police Service is currently not involved in any formalized tiered response agreements for medical requests for service, unless the request meets the call criteria for them to respond based on their law enforcement mandate, and do not carry automated defibrillators at this time. Medical assist capabilities are limited to first aid and CPR first responder skills. 9.5 Fire Services within Durham Reaion . Fire protection services include fire suppression, fire prevention, fire safety education, communication, training of persons involved in the provision of fire protection services, rescue and emergency services and the delivery of all those services. . In the Region, there are eight Municipal Fire Services that provide either full-time, part-time or composite (full-time and part-time) fire services to their area municipality through a station-based deployment model, including mutual aid provisions. 102 Report No.: 2006-F-33 r\ (), '' '\.... . ,j.. Page No. 15 . · The Ontario Fire Safety and Protection Model identifies three lines of defense in providing public fire protection: 1. Public education and prevention; 2. Fire safety standards and enforcement; and 3. Emergency response. According to the Office of the Fire Marshal, Municipal fire services provide their communities with services including fire suppression, emergency rescue, auto extrication, hazard materials response, medical assistance (first aid), fire safety inspections, and public fire safety education. · There are twenty-seven fire halls currently in operation in the Region, with additional halls currently under construction or planned for 2007/08. The fire halls are a mix of full-time, part-time and composite (full-time and part-time) and receive over 21,000 calls per year. · The Municipal Fire Services in the Region of Durham are currently dispatched as first response personnel (providing first aid, CPR, oxygen administration and automated defibrillation) to potential life-threatening medical calls in accordance with their current agreement with the Oshawa CACC. 10.0 CURRENT TIERED RESPONSE PROTOCOL IN DURHAM · In Durham Region, fire services are notified automatically and respond to any calls that are included in their primary fire suppression, rescue and extricatiortmandate. The fire services are also dispatched as first response personnel (providing first aid, CPR, oxygen administration and automated defibrillation) to potential life-threatening medical calls in accordance with their current agreement with the Oshawa CACC. CACC Policy 7.4 "Additional Non-ambulance Resources as a Means of Tiered and/or First Response" refers to fire services in one of two response categories, based on mutual agreement between the CACC and each of the fire services. The response categories are: A - Immediate Response or Modified Immediate Response; and, B - Ambulance Response time is anticipated to be delayed over eight minutes. . For response category "A - immediate Response," tiered response will be requested immediately and in conjunction with, the response chart for the following emergency calls: · Absence of Breathing, abnormal or difficulty breathing; · Unconsciousness; · Profuse Bleeding (Le. Sever and/or uncontrolled); · Motor vehicle collision with ambulance attending; and, · Real or apprehended heart attack where absence abnormal or difficulty breathing and/or unconsciousness has not occurred. 103 ,; ,9', Report No.: 2006-F-33 Page No. 16 · For response category "A - modified immediate response", tiered response will.be requested immediately, and in conjunction with, the response chart for the following emergency calls: · Motor Vehicle Collisions (MVC); · Cardiac Arrests; and, · Absence of Breathing. · For response category "B - ambulance response time is anticipated to be over eight minutes", fire departments will be tiered and the patient is believed to be suffering from: · Absence of Breathing, abnormal or difficulty breathing; · Unconsciousness; · Profuse bleeding (Le. Severe, Uncontrolled); · Motor vehicle collision with ambulance attending; and, · Real or apprehended heart attack. · Clarington, Oshawa, Pickering, Whitby, Ajax, Caesarea (Scugog), Beaverton (Brock) and Cannington (Brock) are classified as 'A - Immediate Response.' The classification for the Township of Uxbridge, Sunderland (Brock) and Port Perry (Scugog) is 'B - Ambulance Response time is anticipated to be oyer eight minutes, unless MVC, cardiac arrest or absence of breathing. · First responder arrival (including fire services) does not impact the 90th percentile fractional res~onse time for EMS in the Province of Ontario. The "stop-the-clock" time (the 90 h percentile fractional response time for EMS) is the lapsed time between the notification of EMS (Time 2) and the arrival of a fully qualified and equipped Primary or Advanced Care Paramedic employed by a certified ambulance service (Time 4) at the scene. · The performance standard set by the Province only applies to requests for out of hospital medical care based on Code 4 (potentially life-threatening) emergency requests for service. EMS response time or "stopping the clock" is not impacted by the arrival of any first response personnel (Public Access Defibrillation, First Aid Provider, Fire Service, Emergency First Responder et al.) as the response time of these agencies is not tracked by the provincial Central Ambulance Communications Centre (CACC). The 90th percentile fractional response time remains a service delivery measurable in the certification review requirements contained in the current Ambulance Act and associated Regulations. 104 9("1 , ' .. \ ' L.,. Report No.: 2006-F-33 Page No. 17 . Tiered response criteria with the fire services is established based on providing timely first response skills (first aid, CPR, oxygen admini~tration and ~uto~a~ed defibrillation) on medical calls that can be delineated medically as having clinical benefit from such response, and/or mass casualty type incidents. Medical evidence supports timely CPR and defibrillation application may positively affect outcomes and thus the tiered criteria should focus primarily on the medical requests for service indicating unconsciousness and/or cardio respiratory arrest. 11.0 CONCLUSION · According to the 2005 Provincial Guidelines, Tiered Response is a voluntary program built on the principles of teamwork and cooperation between the public and/or private safety agencies. Each participant in a local emergency response program has a specific role to play in the community, and by working together they are better equipped to meet the specific emergency needs of the constituents they serve. · The City of Oshawa Report OS-05-37 -CM includes an overview of selected service delivery models for the Region's tiered response system, and concludes that the status quo should be maintained, however, with reimbursement of costs for local area municipal fire services responding to specific calls. · From an economic perspective, given the increase in the proportion of medical calls, it may be more effectiye, from a taxpayer perspective, for the Region to increase funding for EMS services to decrease EMS response times, rather than increasing funding for first response services that do not provide the same level of 'out of hospital medical care' increasingly required at the scene. · Fire Service equipment, trucks and personnel may be a relatively expensive way to respond to a non-fire single patient medical call, as compared to sending one EMS first response vehicle with one primary or advanced care paramedic. · 2004 statistics received from the Lakeridge Health Corporation Base Hospital Advanced Life Support Program for Durham Region demonstrate that of 282 cardiac patient responses recorded, EMS either arrived first, or at the same time, as the fire service 49% of the time. Once emergency resources were at the scene however, fire connected their defibrillator in 15% of cases, compared to 85% for EMS, and the Fire Service shocked cardiac patients 5% of the time compared to 95% for EMS. · As requested by the City of Oshawa, it is recommended that Regional Council confirm its commitment to future consideration of local fire station locations as potential locations for new ambulance facilities, where co-location opportunities satisfy EMS operational requirements and offer proximity to Emergency Medical Services (EMS) call-density demand. 105 t:9 :.) Report No.: 2006-F-33 Page No. 18 . Subject to the results of Ministry of Health and Long-Term Care pilot projects currently underway in Niagara Region and the City of Ottawa, and analyses of funding alternatives, it is also anticipated that, as the City of Oshawa requests, the operation of the Provincial CACC will be transferred to Durham Region EMS. . The recommendation herein is that, the existing Durham Tiered Response Committee, which includes the Medical Director, Fire Coordinator, representatives from CACC, Durham's Base Hospitals, Local Area Fire Services, Durham EMS and Regional Police/911, be requested to review the Region's current (1997) Tiered Response Agreement, new Provincial Tiered Response Guidelines, and recent service demand and call volume changes and trends, to determine any need to update the Region's Tiered Response Agreement to maximize the quality and efficiency of emergency response services, and minimize Regional and Local Area Municipal cost impacts, through the optimal use of available resources and technology to respond to emergency medical requests for service that can be delineated as having evidence-based clinical benefit from Tiered response. . Until the Tiered Response Committee, including representation of all stakeholders, completes a review of the current agreement, it is recommended that the Region continue with current arrangements under the existing Tiered Response Agreement, including a renewed commitment to fund and replace medical supplies, including oxygen, utilized by fire services when they administer first aid, cardiac pulmonary resuscitation (CPR) or automated defibrillation, prior to arrival of a certified primary or advanced care paramedic. . The Health Department and Durham Emergency Medical Services have reviewed the report and recommendations and the Commissioner and Medical Officer of Health concurs with the recommendations. RJ. Clapp Commissioner of Finance and Treasurer Recommended for Presentation to Committee: ~~ G.H. Cubitt Chief Administrative Officer Attmts MG\2006REPORTS\tiered response 106 Clerk's Department .. Service Exce/Jence for our Communities" Attachment #1, page 1 of 17 Interoffice Memorandum' t'94 ... TO: R.J. Clapp, Commissioner of Finance ,/ FROM: Pat Madill, Regional Clerk DATE: RE: April 20, 2005 Correspondence Referred to the Finance & Administration Committee Our File: POO-01, CC#115 Attached is a copy of Council Correspondence Item No. 115. This item was referred to the Finance & Administration Committee by Regional Council at their meeting held on April 13. 2005. PMM/lf encl. 107 9·... t' .) Attachment #1, page 2 of 17 r"ÌAR31 ~ 05 F'ì'l 3: 1. 0 '1 1 5 _d:Ki\. ;:, \Jtt·,...I< I ,^C:I~ =" ,~ - Departl:nent of Corporate Services P.M. Madill Regional Clerk The Regional Municipality of Durham 605 Rossland Road E. P.O. Box 623 Whitby, ON L1 N 6A3 ¡ Original if' r' , ¡ "1' T " ':,,; -. ,...~ .-;/7,/ 'i r- ,," 0: :'¢....-/ !V.Ã'-"~''''~ - ¡\ COP~~,. ,j i, -/" 'I 1o: f··j }cUl!:!...· - \ i<, ~r {' C.'i~.~;:(}· ./ - \ ~' "'- /' -""'-,-j M - / 4':' ('iA.{iA·..i.-i -' -- ""-,.:.- .d"..!.: .~l .~;: t' ."' - / r;f . F';;_è":·V f /õ ,,,"e,.' - - ,v ;f~ .._ , .. T (" "">.-.,,,..,~ - .' - - ,'-f,¿~) CN/OI ¡:¡ie _ 'l-;k: Appr Action 1 File F-5000 March 22, 2005 .--~--_.-... Re: Fire Services Emergency Medical Response City Council considered the matter at a meeting held March 21, 2005 and adopted the following recommendation of the Operational Services Committee: "1. That the Region of Durham respectfully be: (a) requested to reimburse all costs associated with the provision of EMS service provided by municipal Fire Services, as per Option 2 outlined in Section 3.2.3 of Report OS-05-37-CM dated March 8,2005; and (b) continue to comply with established response criteria protocols for the dispatch of municipal Fire Services. 2. That Report OS-05-37-CM be forwarded to Durham Region municipalities, the Association of Municipalities of Ontario, area MPP's, the Association of Municipal Emergency Medical Services of Ontario, the Ontario Association of Fire Chiefs, the Ontario Fire Marshal's Office, and the Ministry of Community Safety and Correctional Services requesting a letter of support be forwarded to the Minister of Health and Long Term Care for increased funding for the Regional provision of Emergency Medical Services, Regional reimbursement of costs for municipal Fire Services EMS support, and the transfer of the Central Ambulance Communications Centre to Regional EMS. 3. That the Ministry of Health and Long Term Care arrange a meeting with the Ministry of Community Safety and Correctional Services, and the Ontario Association of Fire Chiefs to address improvements in the EMS model including increased funding for the provision of emergency medical services. / /The Corporation of the City of Oshawa City Clerk Services 50 Centre Street South, Oshawa, Ontario L 1 H 3Z7 TEL: 905-436-5639, FAX: 905-436-5697 Website: www.oshawa.ca I ;< .~ . i' ?-. \. , "v',.· -1,.." -..g"-,J '--' ^.. ! t :t' "~' "'-- "...., ~- ,; 108 .-- -.- ..-. ~ Attachment #1, page 3 of 17 -2- (1: (" U':J it 4. That the Ministry of Health and Long Tenn Care be requested to establish up-to-date response time standards for Regional EMS. 5. That the City of Oshawa reqnest the support of other Durham Region municipalities to have Durham Region in its development plans for new emergency medical service facilities ensure comprehensive location analyses are completed which include local fire station locations as possible locations for ambulance facilities," Consideration of this matter by Regional Council is appreciated. Enclosed is a copy of Report OS-05-37-CM dated March 8,2005. As noted in Parts 1 (a) (b) and 5, the City of Os haw a respectfully requests the Region of Durham to reimburse all costs associated with the provision of EMS service provided by municipal Fire Services (as per Option 2); and that the Region, in its development plans for new emergency medical service facilities, ensure comprehensive location analyses are completed which include fire station locations as possible locations for ambulance facilities. By copy of this letter, I am advising area Municipalities of Council's decision and requesting their support to request the Region consider fire station locations as possible locations for ambulance facilities in development plans for new emergency medical service facilities. If you need further assistance, please contact Steve Meringer, Fire Chief at the address listed below, or by telephone at 905-433-1238. ~ Sandra Krane City Clerk SKJrnm Enclosure c. City Manager's Office Fire Services City of Pickering Town of Ajax Town of Whitby Municipality of Clarington Township of Brock Township ofScugog Township ofUxbridge 9 1 09 't:g·'{ '-- Oshawa (Ý)O/\ - I t6 ac men 1, page 4 Report 01& NO/)· QV05 The C;ly In Molian To:. Operational Services Committee Item: Date of Report: . OS-05-37-CM March 8, 2005 From: Bob Duignan, City Manager File: Date of Meeting: A-2100 March 14,2005 Subject: Fire Services Emergency Medical Response Ward: All L.Uc, tf) Att h t# 0'17 1.0 BACKGROUND Since the inception of the tiered response agreement between the Province, the Region of Durham and the City of Os haw a, introduced as part of the 911 program in the early 1990's, medical responses by Oshawa Fire Services have increased considerably. Statistics for 2004 confirm that medical responses account for more than 50% of Os haw a Fire Services total responses, as shown in the following table: Fire Services Emergency Responses Year Total Number of Calls Medical Calls (%) 2000 6,519 2,877 (44%) 2001 7,308 3,554 (49%) 2002 7,445 3,619 (49%) 2003 8,231 4,293 (52%) 2004 8,249 4,319 (52%) Council was previously provided with Report OS-03-297 dated July 23,2003 (Attachment No.1) with respect to Fire Services emergency medical responses. The report provided Council with an explanation of the increase in emergency medical responses at that time, as well as recommendations for facilitating service delivery improvements. Staffhave since followed through on Council's recommendations. The purpose of this report is to outline outstanding concerns regarding the three-tiered response to emergency medical calls and to recommend to Council proposed changes to the current EMS model to improve the efficiency and effectiveness of emergency medical services. 2.0 INPUT FROM OTHER SOURCES Fire Services has received feedback on concerns related to the three-tiered response from the following: · Durham Region Fire Chiefs; · Durham Emergency Medical Service; · Durham Regional Police/911 Centre; · Ministry of Health and Long Tenn Care; · Region of Durham; 11 0 . Réport to the Operational . Services Committee (Continued) -2- Attachment #1, page 5 of 17 Item: 05-05-37 -CM Meeting Date: March 14,2005 . takeridge Health Base Hospital; and Oshawa Central Ambulance Communications Centre (CACC) presently managed by the Ministry of Health and Long Tenn Care. 9'''' ,. "'.')" ~" - ~ ...- '( . 3.0 ANALYSIS 3.1 Current EMS Model Emergency medical services are delivered via a three-tier response model involving the Province, the Region and local municipal Fire,$e~ices. The Province is responsible for the.CACC, which currently controls communications to Durpam Region EMS and municipal Fire Services. The CACC detennines the severity of the calls and dispatches accordingly. The Region operates the EMS through the provision of land ambulances with base funding from the Province. The Province is responsible for setting guidelines and protocols regarding response times and level of service that the Region must follow. The Ministry of Health and Long Tenn Care currently has no standard with respect to response times but the best practice is to target 1996 EMS perfonnance levels which were on average a 9 to 10 minute response time. The Region meets a 7 minute 55 second response time for 90% of its calls in the City of Oshawa. Fire Services at the municipal level are the second level of response. Fire Services currently receives calls from the CACC, although because the Province's system is not automated, calls to the Region and Fire Services are not delivered simultaneously. Fire Services response times are as follows: · 49.5% of calls are responded to within 4 minutes; · 27.3% under 5 minutes; · 13.1 % under 6 minutes; and · 10.2% over 6 minutes. Call response by Oshawa Fire Services is under 6 minutes 90% of the time compared with the EMS time of7 minute 55 seconds. Although EMS response times have improved, Fire Services is still first on the scene in many cases, although it is the second level of response. In all cases, EMS is dispatched before Fire Services to tiered response calls. Fire Services response times do not "stop the clock" upon their arrival and are not included in the provincially targeted timelines. (The tenn "stopping-the-c1ock" is a measure of the time necessary for a primary care provider to arrive on scene with appropriate equipment to provide emergency patient care.) 3.2 Evaluation of Current Model 3.2.1 Mandate of Regional EMS Regional EMS is the principle service provider of medical emergency services. Some efficiencies were gained when the service was downloaded to the Region in lieu of a mix of provincial and private ambulance services. With the Regional EMS system, there is an ability to provide better coverage throughout the Region by moving ambulance units around the Region and strategically 1 1 1 Attachment #1. page 6 of 17 1>9';1 . Rëport to the Operational SerVices Committee (Continued) . -3- Item: OS-05-37-CM Meeting Date: March 14,2005 locating ambulance stations. As well, there is consistency in the training of staff and purchasing of equipment. However, it is also recognized that the downloading of the service was incomplete with the CACC remaining at the Province. Regional EMS is the agency that the public holds accountable for the service yet Regional EMS is not accountable for all facets of service delivery. 3.2.2 Role of Fire Services Fire Services have traditionally responded to EMS calls and generaIIy arrives first on the scene in many cases. As such, Fire Services provides a significant role in the provision of emergency medical services. Both the Region and the public rely on Fire Services for quick response and to maintain high life save rates. It must"berecogrllzed, however, that fire preventiori; education and suppression are Fire Services principle mandate. In order to meet National Fire Protection Association (NFP A) standards, Fire Services must deploy a minimum number of staff There is capacity within this system to all ow Fire Services to respond to other caIls such as medical incidents while stiIl meeting NFP A standards. This is consistent throughout most fire departments and during multiple event instances mutual aid support is provided by neighbouring departments, if necessary. Although rare, if resources are limited, fire calls take priority and the CACC is notified that Fire is unable to respond. If the current model of shared responsibility for emergency medical service is to continue, there is a need to address the reimbursement of costs for Fire Services to respond to medical emergencies. 3.2.3 Model Options Several models can and should be considered. The question is which is the most efficient model for EMS delivery. The options are: 1. Status quo; 2. Status quo with cost reimbursement to municipai Fire Services; 3. Self-sustaining Regional EMS; and 4. Transfer of EMS to lower tier for integration with Fire Services. Each option is discussed below. Status Quo Inefficiencies are present in the status quo model. It is inadequately funded by the Province, target perfonnance levels have not been updated and, because provincial standards do not recognize Fire Services responses, "stopping-the-clock" response times are not optimum. As explained above current EMS dispatch functions are the responsibility of the Province. Fire Services receive cails fr.om the ~ACC, althou~ becau.se the Province's system is not automated, calls to the Region and FIfe ServIces are not delIvered sImultaneously, In addition, the involvement of the Province in the CACC means the dispatch function is through a third party. On many occasions, messacres to EMS and Fire are not consistent with respect to important information regarding the patient or 112 Attachment #1, page 7 of 17 . Report to the Operational SerVi~es Committee (Continued) -4- Item: OS-05-37-CM Meeting Date: March 14,2005 A "'\,""\ _to \J' , . potèntial hazards upon arrival. Also, there have been significant delays in notification noted from time to time between EMS and Fire, which increases response times. The accountability for the dispatch service could be improved through a direct reporting relationship to the Region EMS. Durham Region EMS has expressed interest in taking over responsibility of the Durham area CACe. The Ministry of Health and Long Term Care has confinned that a five-year pilot project is underway for the delivery of dispatch services in Niagara Region where the Regional EMS was the successful bidder. The Province has put a moratorium on further pilot projects until the pilot initiative is completed and results reviewed. Downloading the CACC responsibilities with supporting financial resources would assist with communication issues currently facing Regional EMS and Fire Services. In the nieañtime, the CACC representatives have agreed to continue to review issues brought forward to them i.n an effort to improve current communications. The Ontario Association of Fire Chiefs, the Ontario Fire Marshal's Office and Emergency Health Services have also struck a committee to develop a Project Management Action Plan with respect to the delivery of emergency medical services. The intent of the project is to reduce and harmonize the number of protocols for tiered response within the communities of Ontario for EMS providers. The committee anticipates a revision to the 1997 Tiered Response Guideline by the spring of2005. This will include clearly defined response guidelines for the CACe. It is expected that this initiative will minimize delayed response notification and provide better updates for Fire Services. On February 25,2005, the Large Urban Mayors' Caucus of Ontario recognized that EMS service is under-resourced and passed a resolution calling for the Province to be engaged as an active partner in seeking a solution to the ambulance funding formula. If the status quo is maintained, the Province needs to assess the funding provided for Regional EMS (including the cost for municipal Fire Services support), update response times and ensure efficiencies are achieved in the current delivery model. Status Quo with Cost Reimbursement to Municipal Fire Services Overall financial implications involved with the delivery of medical responses are substantial. Fire Services is not being given financial support for providing its vital emergency response service. As a result, funding for medical response by Fire Services is a major concern. As noted above, the Province currently provides partial funding to the Region for the provision of emergency medical services. The remainder of the cost, other than a fee collected for ambulance transpört rrom users, is currently the responsibility of the Region, offset by lower-tier municipalities absorbing their costs. Currently, there is no cost reimbursement for emergency medical services provided by local municipalities although EMS calls represent more than 50% of total Fire Services responses. Without the response by Fire Services to emergency calls, EMS could not maintain the response times currently being provided or provide the same level of patient care without a significant expansion of their staffing and equipment inventory. 11 3 in\ _ Rèport to the Operational SerVic:es Committee (Continued) Attachment #1, page 8 of 17 - 5- Item: OS-05-37 -CM Meeting Date: March 14,2005 , A proposed cost recovery would see the Region reimburse the lower-tier municipalities for emergency medical services. Transferring the cost of municipal emergency medical Fire support services to the Region is appropriate given the Region has primary responsibility for the provision of the service. The impact on the Oshawa taxpayer would remain the same given the tax impact of the service would be transferred from the City to the Region, thereby reducing the City's budget requirement. The level of service including response protocols, training by Lakeridge Base Hospital 'and equipment provided by municipal ftre departments are consistent throughout the RegiQn. The northern municipalities have modified agreements due to the fact they do not have full-time staff. Centralizing and coordinating resources through one agency would therefore provide greater continuity and administrative cost savings. Currently all consumable medical equipment such as oxygen, protective apparel and first~id supplies is provided by Durham EMS to the local municipal fire departments. Items such as defibrillators and ongoing training and certification are currently paid for by Fire Services. New defibrillators have just been purchased by Oshawa Fire Services for all vehicles at a total cost of $80,000. Current medical training costs for Oshawa Fire Services staff are approximately $32,000 per year, It is difficult to specifically identify vehicle costs associated with medical responses. A fee per caIl could be negotiated to cover vehicle maintenance and other costs associated with the emergency response. It should be noted that the Ontario Association of Fire Chiefs is working with the Ontario Fire Marshal's Office to lobby the provincial government for improvements to the EMS system including the recognition of Fire Services as a competent, qualified responder. Funding concerns will also be addressed at that time. The City, along with other municipalities, should provide support to the Region when lobbying the Province either directly or through the Association of Municipalities of Ontario for increased funding for service providers. Self-Sustaining Regional EMS Service This model, although desirable from an accountability perspective, is costly given it would be necessary for the Regional EMS to increase staff, resources and equipment to meet the required response times without the assistance of Fire Services. This would further burden the taxpayer. This model would also require the Province to pay its full share ofthe cost-shared program. Transfer of EMS to Lower Tier for Integration with Fire Services This model reflects the fact that Fire Services are first on the scene on many occasions. It is also efficient and cost effective for ambulance and fire services to be located together. Durham Region Fire Chiefs have confinned that when new fire stations were planned and constructed over the past number of years, Regional EMS has been provided with an offer of shared use of space. For example, a letter was sent June 15, 2004 to Durham EMS offering space in the proposed new ftre station in north Oshawa. The Region, through the EMS, has confinned that it is committed to shared resources, wherever possible, and is interested in the ability to have ambulances stationed in Fire Halls. Ambulance station locations are based on historical data relating to both response times, as well as incident occurrence locations. If fire stations are located in the vicinity of the . 11 4 · Réport to the Operational Services Committee (Continued) -6- Attachment #1, page 9 of 17 Item: 05-05-37 -CM Meeting Date: March 14, 2005 "'. ')- t"'¡, , I, 4I,'r' ( Region's target areas they will negotiate the sharing of space. To date, no sharing of space has occurred or is planned. The Report of the Task Force on the Future of the Greater Toronto Area (Golden Report) specifically spoke to ambulance service, as follows: "The Province should review the appropriate scale for coordination of ambulance services, and the possiþle amalgamation of ambulance and fire services, with a view to achieving greater efficiencies and improving response times..." 4.0 FINANCIAL IMPLICATIONS There are no financial implications as a result of this report. 5.0 CONCLUSION Oshawa residents, as well as other municipalities within Durham Region, currently enjoy a very professional, well-trained level of emergency medical care provided in a very timely manner. Statistics have shown that this high level of response is indicative of the success rates for a variety of treatments such as ventricular fibrillation. Oshawa and Durham Region's life save rate for ventricular fibrillation is amongst the highest in the country. Without Fire Services, this same success rate could only be realized with the substantial expansion of the Regional EMS system. This would include a large increase in staff, as well as capital items such as vehicles, facilities and specialized equipment. The present tiered delivery of emergency medical response by municipal Fire Services and the Regional EMS is very successful in tenns of overall customer service. Patients receive a much better level of service both rrom a time of response perspective as well as professional care provided by the multi-agency approach. In a serious situation such as a heart attack, fire crews provide CPR and ventilation, which allows EMS crews to provide specialized treatment such as intravenous, medication and advanced defibrillation. Fire Services currently plays an important role in emergency medical responses, however, it is recommended that the total cost of the service be borne by the Region with increased funding support rrom the Province, and that Durham Region EMS should assume responsibility for the CACC. 6.0 RECOMMENDED ACTION That the Operational Services Committee recommend to City Council: 1. That the Region of Durham be: a) requested to reimburse all costs associated with the provision of EMS service provided by municipal Fire Services, as per Option 2 outlined in Section 3.2.3 of Report OS-05- 37 -CM dated March 8, 2005; and 11 5 j .." .'-., J- " I. '-Report to the Operational Seivices Committee (Continued) ~ -7- Attachment #1, page'10 of 17 Item: OS~05-37 -CM Meeting Date: March 14, 2005 b) continue to comply with established response criteria protocols for the dispatch of municipal Fire Services. 2. That Report OS-05-37-CM be forwarded to Durham Region municipalities, the Association of Municipalities of Ontario, area MPP's, the Association of Municipal Emergency Medical Services of Ontario. the Ontario Association of Fire Chiefs, the Ontario Fire Marshal's Office . .... , ap,d the Ministry of Community Safety and Correctional Services requesting a letter of support be forwarded to the Minister of Health and Long Term Care for increased funding for the Regional provision of Emergency Medical Services, Regional reimbursement of costs for municipal Fireßervices EMS support, and the transfer of the Central Ambulàhcè Communications Centre to Regional EMS. 3. That the Ministry of Health and Long Term Care arrange a meeting with the Ministry of Community Safety and Correctional Services, and the Ontario Association of Fire Chiefs to address improvements in the EMS model including increased funding for the provision of emergency medical services. 4. That the Ministry of HeaIth and Long Term Care be requested to establish up-to-date response time standards for Regional EMS. 5. That the City of Oshawa request the support of other Durham Region municipalities to have Durham Region in its development plans for new emergency medical service facilities ensure comprehensive location analyses are completed which include local fire station locations as possible locations for ambulance facilities. ".r"I //' /' ,- - Lr /~/ ..P~::.--__, .--:/ " ~-~.- ---. ~--' ------ ..' - ..:~.::~.~;. '- Steve Meringer, Fire Chief Bob Duignan, City Manager Attachment . 11 6 Oshawa Tho Ci/1 III Motio" Attachment No. 1 ~.._.._._- Attachment #1, page 11 of 17 Report .¡; C) A 1.\... 9, 1p: Operational Services Committee Item: Date of Report: OS-03-297 July 23 2003 From: COmmissioner Department of Corporate Services File: Date of Meeting: Subject: FIRE SERVICES El\1ERGENCY MEDICAL RESPONSE September 2, 2003 Ward: 1.0 BACKGROUND Through tbe City's participation in the 911 tiered response emergency system, the number of emergency medical responses by Oshawa Fire Services has increased sigrùficantly over- the past few years. As requested by Council, this report outlines the reasons for the increase in medical responses as a result of present emergency response practices and procedures and provides recommendations to improve the present system. 2.0 INPUT FROM OTHER SOURCES Durham Region Fire Chiefs Durham Emergency Medical Service Oshawa Fire Services Tiered Response Guideline 3.0 ANALYSIS The emergency 911 system was introduced in Durham Region in the early 1990s. A basic requirement of initiating the 911 system was for the emergency service providers (police, fIre and ambulance) to agree to a system of "tiered response" where all emergency services would respond to specific emergencies to ensure the response time to the incident was as quick as possible. In the late 19705 and early 1980s Oshawa constructed new fire stations that were strategically located to provide an average response time of four minutes with¢ the urban area. Because of the location of the City's fIre stations, Fire Services is usually the first service on the scene of most emergency medical calls. Over the years, this tiered response agreement has evolved so that Durham Regional Police, having minimal emergency medical equipment in vehicles, does not respond to emergency medical calls. Fire Services only responds to calls that are detennined to be "Code 4". (The rate of Code 4 call- outs has increased significantly.) These calls involve: 1. Absence of breathing/difficulty breathing; 2. Unconsciousness; 3. Severe uncontrolled bleeding; 4. Motor vehicle accident with ambulance responding; 5. Real or apprehended heart attack where 1 or 2 above has not occurred. 11 7 '0' ,,-Report to Operational Services Committee ~.. ,} . t (Continued) ~ . -2- Attachment #1, p~ge 12 of 17 Item No: 05-03-297 Meeting Date: September 2, 2003 At the time of the Fire Marshal's Review of Oshawa Fire Services in 1996, it was noted that Oshawa Fire Services responded to over 6,000 calls with over half being for emergency medical incidents. While the number and severity of fire calls has decreased significantly because of effective fire prevention, education and early warning by-laws, the total number of calls has still increased substantially from 2,710 in the early 1990s, when the 911 system was introduced, to 7,445 in 2002. Although the City has grown over the years, the primary cause for the number of calls is the dramatic increase in emergency medical calls wruch have escalated trom 297 in 1993 to 3,619 in 2002 - a 1,200% increase. Fire Services E!ßereencv Responses_ ' Year Total Medical Motor VehicIe Accidents 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2,503 2,716 4,447 5,731 5,847 6,036 6,137 6,215 6,519 7,308 7445 172 297 1,575 2,121 2,456 2,747 2,661 2,661 2,877 3,554 3619 161 201 426 620 655 622 663 677 764 879 866 In 1999 when Durham Region assumed responsibility for ambulance services, it inherited a system that was previously operated by the Province and private operators. The Province tended to work from, or close to, hospitals. The private operators sometimes worked out of funeral homes. Both the Province and the private operators obviously had an interest in keeping costs as low as possible, therefore, the addition of more ambulances and staff did not increase in response to demand factors such as population growth and an aging population demographic. Because ambulance service was not adequate, local fire departments began to fill the service gap and even now, regardless of the major investment into the ambulance service by Durham Region, the ambulance service carmot provide the proper response levels without depending on local fire services to do so. Until Durham Region acquired the ambulance service, there had been no plan to sigrúficantly increase the number of ambulances or to work with the other emergency medical providers, such as local fire departments, to ensure that ambulances were located in facilities that provide the best response rimes. The Region's Emergency Medical Service has contacted area fire departments about the possibility of shared facilities, but there is still no coordinated planning for shared facilities to minimize response times by all emergency medical service stakeholders. As the Region 11 8 Report to Operational Services Committee '(Contfnued) --.. /, .~, Y·'., J, ',Ih Attachment #1, pa,qe 13 of 17 -3- Item No: 05-03·297 Meeting Date: September 2,2003 " approves funding to construct new ambulance facilities, it is important that they consider all service delivery opportunities to ensure a comprehensive long-range strategic approach. Until the Durham Region ambulance service strategically locates its facilities in areas to meet provincial response time requirements, there will be a duplication of service between municipal fire services and Durham Region Ambulance Service. Presently the Region's emergency medical system cannot meet the Province's response time requirements without depending on municipal fire services. Durham Region and area mUIÙcipalities need to develop long-range plans to ensure the emergency service is managed in a more effective and cost-efficient manner. Former Oshawa Fire Chief, Milt WilsC?n brought the Durham Region emergency medical service stakeholders together from across Durham Region to discuss the current tiered response situation. A number of issues were identified that need to be addressed if changes in the tiered response system are to take place. The following summarizes the issues identified. Multiple Jurisdictions · The Province through the Ministry of Health is setting standards and policies for emergency pre- hospital care, ambulance response times and communication procedures. However, the Province is not assisting with the financial resources required to meet their imposed standards. · Durham Region is the jurisdiction responsible for managing and providing emergency medical services and is taking steps to meet provincial standards; however, is doing so unilaterally without involving other emergency medical service stakeholders. · Local municipalities are providing emergency medical services through their individual fire departments. In most cases, emergency medical calls are more than 50% of the fire service emergency responses which significantly impacts municipal budgets for staffmg, training and equipment. · In addition to public emergency medical services, there are also a number of private providers who focus on profitable areas of emergency medical service such as non-emergent patient transfers. · There is no discussion taking place involving the Province, the Region and local municipalities to improve service delivery. · Fire trucks are very expensive and inappropriate alternatives to ambulances. Whv Is It Necessarv That Fire Services Emer2:encv Medical Service Responses Continue? · Ambulances are spending more time in hospitals processing patients. · Ambulances are re-routed to other municipalities and are therefore away ITom their base municipali ties. · Ambulance training standards are higher now than years ago so ambulance paramedics take more time stabilizing patients at the scene o~ an incident. · Ambulance facilities are not strategically located in accordance with response times. · Population growth continues to increase response requirements. 119 ... I) '.1 J. ".! Report to Operational Services Committee (C9.ntinued) Attachment #1, page 14 of 17 -4- Item No: 05-03·297 Meeting Date: September 2,2003 . Population demographics are changing and are increasing responses. · Vehicle traffic continues to increase therefore vehicle accidents continue to increase. A future Highway 407 will increase vehicle traffic and population growth tremendously. The Province Sets Dispatch Protocols · Regardless of Durham Region's responsibility to provide emergency medical service, the . Province maintains the ambulance dispatch and communications system. The current provincial radio system does not allow contact between local emergency service stakeholders (police, fire, ambulance) which leads to increa.sed routing of calls, delays and duplicatiQn Gf service. · The Province sets response standards but fire service intervention does not "stop the clock" of meeting the response standard. This leads to the requirement for more ambulances' to meet response times when in many cases a fire service vehicle with defibrillation equipment was at the scene witlùn the specified time. Facilities · Ambulance facilities are not strategically located with regard to response times. There are provincial response time standards that must be met so Durham Region is building new facilities, but doing so without involving other emergency medical service providers. · Additional ambulances are purchased in an attempt to meet response standards with no regard to fire service intervention from strategically located stations with trained fire personnel. · There is no long-range plan to strategically locate ambulance stations with future fire stations. · Municipal fire service facilities are usually located to provide a quicker response time than ambulance facilities. Trainin£! · Until recently there has been no attempt by the Province to include firefighter emergency medical service training into the Ministry of Health emergency health care training system. · At the street level, fire services is an intricate part of the pre.hospital care process but it is not recognized by the Province, which leads to the requirement for more ambulances to meet provincial response time standards. Obviously, from the issues identified by local emergency medical service stakeholders, if changes are going to take place in the tiered response system, a significant commitment by all levels of government is necessary, and the provinc:al government in particular. There is no doubt that the introduction of fire services into the emergency medical service system has been beneficial to the citizens of our community. There are statistics that clearly show that many lives have been saved and injuries minimized because of fire services' quick response times and the use of defibrillation units. The current "save rate" for Oshawa patients suffering from ventricular fibrillation is 20.2% compared to Durham Region at 6.7% and a provincial average of 4-5%. Ta:\-payers can depend on a highly trained fire service that can intervene between fire and rescue -1 20 R~port to Operational Services Committee ('Continued) --:.... -5- Attachment #1, page 15 of 17 Item No: 05-03-297 108 Meeting Date: September 2,2003 \ duties to provide emergency medical service. This is a valuable benefit to all citizens; however, if nothing is done to change the present system, the cost of providing emergency medical service will continue to increase for the taxpayers of Oshawa and indeed all Durham Region taxpayers. Present emergency medical response procedures have created a system of expensive duplication. The ambulance system cannot respond quick enough to meet response time standards, therefore local fire services are depended on. However, the present level of fire persormel training is not recognized by the Province as sufficient enough to not require ambulance paramedics to still respond and to transport individuals. The tiered response system needs to fundamentally change to use eithe(' the ambulance response infrastructure or the fire response infrastru~~~ efficiently and properly. The Province needs to'decìde whether or not municipal fire services are integral or not to emergency medical responses. The Próvince also has to understand that establishing ~mergency medical response standards requires a commitment to efficiency rather than allowing this costly "hybrid" system involving ambulance and fire persormel to continue and no doubt expand further. If there are to be changes in the tiered response process to provide a more cost-effective system, then the changes have to begin at the provincial level. The Province has to initiate changes in its standards and policies. It is not possible for Durham Region and local municipalities to discuss tiered response efficiencies and procedural changes if the Province does not participate and agree to change its dispatch procedures, response time requirements, and begin to recognize the involvement of fire persormel in the emergency medical system. The present tiered response situation is not just a Durham Region situation; the situation is the same throughout the Province. Tiered response is part of the pre-hospital care process and in many cases minimizes the amount of time a victim spends in hospital and enhances their chances ofleaving the hospital with the expectation of a good quality of life. If municipal fire services are to be included as part of this pre- hospital care process, they must be recognized as part of the overall emergency health system by the Ministry of Health. The provincial recognition of fully trained municipal fire personnel would reduce duplication of fire and ambulance response to emergency situations. When fire service training is recognized by the Province then fire service intervention in the response process could stop the clock on response time thereby reducing the neeà for additional ambulance resources. The potential outcome in Durham Region of provincial recognition of fire persormel training could be ambulance service provided by municipal fire services in appropriate response vehicles rather than "fire trucks". Conversely, if the Province does not want to recognize medically trained fire persormel then local municipalities, including Oshawa, should detennine whether or not they will continue to respond to emergency medical responses at all. If municipalities decided to not respond to emergency medical calls, Durham Region would be required to significantly increase its emergency medical service investment because the Region could no longer expect the support and investment made by municipalities in medical training and equipment. To accomplish changes to present provincial standards, the Ontario Association of Fire Chiefs and the Ontario Fire Marshal are now meeting with senior staff at the. Ministry of Health to analyze fire service emergency medical service standards to determine how they compare to the Ministry of Health basic life support training. Once this process is completed and accepted by the Province, - 1 21 Attachment #1, page 16 of 17 1. ~)';R9POrt to Operational Services Committee (èo¿)tinued) . -6- Item No: 05-03-297 Meeting Date: September 2, 2003 '. . \ there should be no reason that the intervention of fire personnel with defibrillation capabilities does not "stop the clock" to meet Ministry of Health response standards. The Province has to also agree to cooperate with local 911 commuIÙcation providers to develop protocols that use all communication systems efficiently. Oshawa, together with the other southern Durham Region fire departments 'are currently working with Durham Emergency Medical Service and Durham Regional Police to develop a radio interoperability system. Although this is principally dešigned for senior level communication at this time, it may offer the ability for expansion to suit the needs outlined within this report. There is one area of immediate cooperation possible between Durham Region and local municipalities that would lead to efficiencies. A coordinated long-range plan for placement of ambulance facilities and fire stations in the context of the geographical area of Durham Region is necessary. A practical strategy in responding to medical emergencies in the future is to plan and build facilities that accommodate ambulance, fire and possibly police. The City's current fire station location study is examining medical response options as part of the overall study; however, if all options are to be considered participation by all stakeholders is necessary. 4.0 CONCLUSION The City of Oshawa, alone, is not going to change the present tiered response system. Regardless of the present duplication of service between Durham Region emergency medical services and local fire services, the present system does work although at operating costs that are greater than they should be. The present emergency medical service stakeholders (province, police, fire and ambulance) are all entrenched in the present system and there is tremendous reluctance to change the system. Therefore, ifOshawa is committed to changing the present system, the City needs to understand it will be a long-tenn process requiring the cooperation of the Province, other municipalities and emergency medical service stakeholders. The following recommendations outline a course of action the City could follow to acquire support for change to the tiered response system and to have the issue of tiered response become not only an Oshawa priority but a priority for other stakeholders including the Province of Ontario, other local municipalities including Durham Region itself, as well as the Association of Ontario Municipalities (A.\10). 5.0 FINANCIAL IMPLICATIONS The opportunity of significant savings exist if we could initiate a better system as referenced within this report. 122 · o. ~ .Rei"ùrt to Operational Services Committee (ContJ.J1ued) -y -7- Attachment #1, page 17 of 17 Item No: 05-03-297 Meeting Date: September 2, 2003 l.tO .. e . 6.0 RECOMMENDED ACTION The Operational Services Committee recommends to City Council that: 1. The City of Os haw a outline the City's concerns regarding the present emergency medical tiered response system to the Minister QfHealth and Area MPP's; 2. The City of Oshawa forward this report to other Durham Region municipalities and request their support by also outlining their own concerns with the present emergency medical tiered response system to the Ministry of Health and Area MPP's; 3. The City of Oshawa request the support of other Durham Region municipalities to have Durham Region in its development plans for new emergency medical service facilities ensure comprehensive location analyses are completed which include local fire station locations as possible locations for ambulance facilities; 4. The City of Os haw a request the support of other Durham Region municipalities including Durham Region and Durham Region Police Service to establish a local emergency stakeholder committee with a mandate to review the present local tiered response system and implement improvements wherever possible and make recommendations to local Council's when necessary; e 5. The City of Oshawa, given the support of other Durham Region municipalities, establish a local emergency stakeholder committee and request through the Minister of Health that a provincial representative participate in discussions to improve the tiered response system throughout Durham Region; and 6. The City of Oshawa request the support of other Durham Region municipalities in a resolution to the Association of Ontario Municipalities (AMO) requesting AMO complete a comprehensive province-wide analysis of emergency medical response systems and that AMO complete a policy position supporting a more efficient and effective system for presentation to the Minister of Health. ~ Steve Meringer Fire Chief n ~. U~V Don O'Leary Commissioner e 123 , 'i'~ J,. - , Attachment #2, page 1 of 5 ',' ®" .,.......-.... ., , .. ·-'·W Ontar~ I . -. - .' . MInistry of the Solicitor General and Coml:tlonalServic:es Minislire dU Somcitaur généraJ et das Services cørreœionnels Ministry Ministere of de Health la. santé August 1996. Over the past few years a great deal of interest lms developed regarding tbe implementation of tiered response programs by police, fire and ambulance servíces throughout Ontario, The implementation of tiered response is unlikely to increase the number of lives saved, if implemented in isolation of other necessary emergency health care system serYIces, r 0 assist those agencies which may wish to consider'the implementation of tiered respoI15e programs, a series of guideIiDes are being jointly developed by the Ministry oÎHea1th and the Ministry of the Solicitor General and Correctional Services,· These guidelines have been ex.1ensiv~ly researched in order to determine the factors that will influence the success of such programs, should they be implemented. TIùs cüscussion paper is being circulated to a variety of stakeholders prior to finaJj71ltÎon in oråer to ensure that full consultation occurs, We would appreciate receiving your comments by November 30, 1996. Fire services are asked to forward their reply to Mr. B. Bigrigg, Minísuy of the Solicitor Genera! and Correctional Services. Office of the Fire Marshal, 5ï75 Yonge Street, 7th Floor, North York M2M 4Jl, Health planning and proviõer agencIes are asked to forward their comments to Mr, D. Evans, Ministry ofHealtb, Emergency Health Services Branch, 5700 Yonge Street, 6th Floor, North York M2M 4K5, Police services are asked to forward their reply to Mr, D, Erler , Ministry of the Solicitor Genentl and Correctional Services, Policing Services Division, 25 Grosvenor Street, 9th Floor, Toronto M7 A 2m. C ~l--~ j /7 /..·X¿~ .., ~ Michael Mitchel1. Director Police Support PrDgrams Branch Graham P. Brand, Director Emergency Health Services 124 Attachment #2, page 2 of 5 J 12 1... Emergency Health Services Branch Direction des Services de santé d'urgence 273 Tiffin Street Suite 101 Barrie, ON L4N 2N3 Telephoneff éléphone FaxlT élécopieur 273, rue Tiffin bureau 101 Barrie, ON L4N 2N3 (705) 726-3541 (705) 739-6493 November 17,1997 RE: TIERED RESPONSE INFORMATION Dear: As per your request I am providing information regarding the Tiered Response Program being developed throughout the province, Dual and/or Tri-agency response has been in existence as long as the actual agencies who participate in it. All three emergency agencies have always readily assisted each other upon request over the years. With the advent of Advanced Life Support Programs (ALS) in Ontario, the Ministry of Health established prerequisites for implementation, one of which is the development of a formalized Tiered Response Program for the service area. In 1989 and 1990 meetings were conducted between the Central Ambulance Communication Centre (CACC) and the Police and Fire Agencies in the areas where ALS programs were being introduced. Ultimately Criteria was agreed upon that when requested by CACC the Fire or Police would respond and that they would conduct First Aid and/or CPR until such time as the ambulance arrived. Although the Police participate in the Program, it was agreed that normally Fire would be requested first in view of their availability and the strategic location of their stations. Where the Fire Department was already engaged and/or we were aware of the close proximity of a Police Cruiser then the Police Department would be requested to respond. These original Programs commenced on May 1, 1990. In view of the personnel and resources available in the larger urban centres, the Fire Departments agreed to respond automatically when the CACC received any calls falling under the following criteria: 1, Absence of breathing. 2. Unconsciousness. 3. Severe Bleeding 4. Motor vehicle collision with ambulance responding. 5. Real or apprehended heart attack where 1. or 2. has not occurred. 125 Attachment #2, page 3 of 5 , ·t'··} J" .,', In the majority of cases the Fire Department receives the information in advance of the Ambulance Crew and arrives first on the scene. This follows the intent of the agreement, to get life saving care to the public as quickly as possible. For some of the smaller Fire Departments it is appreciated that their staff is comprised of mainly volunteers and therefore the procedure for Tiered Response varies accordingly. The CACC only requests the assistance of these departments when it is known that the response of the Ambulance Service will be longer then the estimated response time of the Volunteer Fire Department. When considering this the CACC must also take into consideration the length of time it will take the Fire Volunteers to arrive at their station and go mobile on the call. The Ministry of Health does not financially reimburse Municipalities for participating in the agreement, however it does sponsor an equipment exchange program through the local Ambulance Service where certain equipment is replaced at no cost to the Fire Department (see attached). In addition, the CACC has also offered to assist with paging where technically possible should the smaller Fire Departments wish to schedule an on call crew to deal with only Tiered Response Calls. In this manner, far less personnel and equipment would be required possibly reducing expenses somewhat for the municipality. As for the training of tiered response providers, we first wish to confirm that there is no requirement or intent on our part to turn firemen into ambulance officers. The only requirements that we feel are required are basic first aid and CPR. Though we cannot provide for this training, we will circulate notices of all first aid and CPR training programs being offered for ambulance attendants in the area and firemen are welcome to attend. In addition, we are prepared to have some of our local staff provide orientation presentations for Fire and Police departments to familiarize the Firemen and Policemen with the Ambulance Advanced Life Support program and equipment if required. This would provide an understanding of what to expect when the ambulance arrives or when tiered responders are requested to assist at the scene, The issue of potential increased legal liability is one that would be best addressed between the municipal solicitors and the insurance agency providing coverage if required. No Municipality is obligated to continue participation in the Tiered Response Agreement. Upon receipt of a letter to the CACC it would immediately discontinue to request assistance with the exception of standard fire assistance calls such as patients trapped, fuel spillage etc. Upon the agreement of the Police and Fire Agencies a Tiered Response Committee would be established which includes the membership of the Ambulance Services involved. The intent of this Committee is to foster good communications between all three emergency agencies and enhance the working relationships. In certain areas, cross training and familiarization of equipment is conducted between Ambulance Services and Fire Departments. r The Tiered Response Committee does not report to any particular agency or person but is more for the sharing of information and the enhancement of local operating procedures. 126 Attachment #2, page 4 of 5 i14 The District Health Councils have a standing invitation to attend the Tiered Response Committee meetings as does the Clinical Coordinator for the Advanced Life Support Program and the Regional Manager for Emergency Health Services, Ministry of Health. In addition to the above, the Emergency Health Services Committees of the District Health Councils are kept apprised of the Tiered Response Committee's activities. I trust this information satisfactorily responds to your queries and/or concerns regarding the Tiered Response Program. Sincerely, Richard J. Armstrong Regional Manager Central-East Region #3 127 Attachment #2, page 5 of 5 1,,' '¡~, ) ...". . EQUIPMENT EXCHANGE WITH TIERED RESPONSE AGENCIES 1. As you are aware, we have approved an equipment exchange program for Fire and Police Departments participating in formalized tiered response. 2. The following points will clarify how this exchange is to be handled. 3, You should supply a list of all equipment carried in the ambulance to each of the tiered response agencies (TRA's). 4. The TRA is required to select and purchase at their own expense, those items they feel they would like to carry. 5, The ambulance service will then replace disposable items as used by the TRA or exchange non-disposable items such as stiff neck collars. However, the equipment exchanged must be comparable, i.e: stiff neck collar for stiff neck collar, not stiff neck collar for soft collar. 6. All equipment and supplies issued will be recorded on a stock requisition for tracking purposes only, There will be no charge to the TRA. 7. Should the TRA wish to have their oxygen replaced they must agree to a cylinder exchange program as we cannot accommodate this in any other way. 8. The details of how the supplies and equipment are actually exchanged, should be worked out between you and the local TRA, 128 Attachment #3, page 1 of 2 Ministry of Health and Long-Term Care Emergency Health Services Branch 5700 Yonge Street, 6'h Floor Toronto ON M2M 4K5 Tel.: 416-327-7909 Fax: 416-327-7879 Toll Free: 800-461-6431 Ministère de la Santé et des Soins de longue durée Direction des services de santé d'urgence 5700 rue Yonge, 6" étage Toronto ON M2M 4K5 Tél.: 416-327-7909 Téléc.: 416-327-7879 Appels sans frais: 800-461- 6431 ® Ontaric l.lG October 12, 2005 Mr. David Lew Chair, Southwest Ontario Ambulance Group c/o County of Huron Emergency Medical Services 170 Cambria Road North Goderich ON N7 A 4N3 Dear Mr. Lew: I am responding to your recent letter relating to Tiered Response Agreements and the role of the ministry and the Central Ambulance Communications Centers (CACCs) in relation to the establishment and maintenance of such agreements. As you are aware, a Tiered Response Program is a voluntary mechanism through which a person suffering health emergency may be provided with a qualified first responder who can provide early basic intervention until such time as paramedics can arrive to initiate care and arrange for transport. Prior to the transition of the land ambulance services from provincial to municipal responsibility, the ministry as the designated delivery agent was responsible for ensuring the proper provision of land ambulance and dispatch services during that era. The ministry worked with municipal public safety partners and ambulance operators to promote the development of Tiered Response Agreements with those municipal agencies that were willing and able to participate in such a program. With the transition of responsibility for land ambulance services to the municipal sector, the responsibility for ensuring the proper provision of land ambulance services became that of the municipalities incJuding the responsibility to detennine if there is a need to promote, implement or maintain Tiered Response Agreements in conjunction with the other municipal public safety agency partners. With regard to the current role of the CACCs or Ambulance Communications Services (ACSs), it is the responsibility of the CACC/ACS to implement such Tiered Response Agreements as an upper tier municipality (UTM) or designated delivery agent (DDA) implements as part of the deployment plan that is fi1ed with the local CACCs/ ACS. In its revised role, the CACC/ACS is no longer a participant in such agreements since it is not part of the ministry's mandate to detennine the nature, type or level ofJand ambulance and . ../2 1 29 JilÇ) Attachment #4, page 2 of 8 INTRODUCTION The Ministry of Health and Long Term Care - Emergency Health Services, the Ministry of Community Safety and Correctional Services - Office of the Fire Marshal and the Ontario Association of Fire Chiefs support the implementation of formal tiered response agreements between public and/or priv~te safety agencies. Such written agreements provide a framework for cooperation between, and coordination of, emergency services on a 10calleveJ. The coordination of safety agencies is a teamwork approach that improves upon the response to specified emergency situations and overall level of public safety in the community. BACKGROUND Tiered response is recognized internationally as an effective method of coordinating public or private safety agencies to provide rapid first response assistance to the public in the timeliest and efficient manner possible. Tiered response endeavours to send the closest appropriate emergency response agency, based on time, to render assistance at the scene of an emergency incident until the primary response agency can arrive. Tiered Response Agreements are formal written documents negotiated between two or more public and/or private sector safety agencies. Its intent is to establish local protocols for a multi-agency response to a life threatening or public safety incident. A tiered response agreement outlines the capabilities, expectations and limitations of each agency and defines the criteria for participation. In the past, this cooperation led to the development and implementation of formal written tiered response agreements. Such agreements determined when and under what circumstances participating public and/or private safety agencies would call upon each other for assistance. The term tiered response grew out of an effort to establish a coordinated systematic approach to a medical emergency. Tiered Response, as a program, was first documented in the Fifteen Components of an Emergency Health Services (EHS) System. This includes the provision for multi-agency response to life-threatening medical emergencies (Tiered Response). These components have been adopted as, and are recommended as being one of the principles of an effective emergency health services system. GUIDING PRINCIPLES The guiding principles of any tiered response program are: . To ensure the timely availability of staff and resources to safely and efficiently mitigate a life threatening / public safety incident; - 2- 132 Attachment #4, page 3 of 8 "' , n 1. i._ t . To deploy adequately trained and equipped personnel to the scene of agreed upon life threatening / public safety emergencies. REQUIREMENTS FOR A TIERED RESPONSE AGREEMENT An overall written agreement is required between participating public and/or private safety agencies, which defines the specific capabilities, expectations and limitations each agency will have in respect to each other, and each agency's role in various emergency situations. For example, as a minimum, current certification in first aid and CPR would be required for personnel attending at a medical emergency response. A local Tiered Response Committee must be established, consisting of all of the partners to the overall agreement and shall negotiate the overall agreement and specific response agreements. (i.e. Emergency Medical Response - a sample is attached which may be modified to meet local needs and agencies). An overall TIERED RESPONSE AGREEMENT is a written formal agreement that spells out the terms and conditions under which tiered response is activated and deactivated and sets out the capabilities, expectations and limitations of each agency involved in the agreement. Such an agreement shall include, but is not limited to, establishing the following information for each participating agency: · The activation and deactivation protocols; · The types of emergency situations under which Tiered Response shall be activated and deactivated; · The role of each responder group in each type of emergency situation; · The role of each agency's dispatch center in tiered response activation; · The type and nature of orientation and training activities conducted to ensure that participating public and/or private safety agencies are effective in working together to respond to specific emergency situations; · A resolution or memorandum of understanding from participating municipal councils or private agencies authorizing and approving participation in such a program; municipalities should understand that fire service participation in tiered response programs are adjunctive to emergency medical services; · The type and nature of agreement amending formulae - 3- 133 .\ n ,; 1. ;~, i. Attachment #4, page 4 of 8 · The manner to arbitrate disputes · A process for partners to withdraw from such an agreement. GENERAL CRITERIA FOR TIERED RESPONSE Criteria used by communities for tiered response agreements between safety agencies will vary according to needs and could depend on local conditions such as: · The intention of tiered response is to provide a clear response time advantage in scene arrival by one of the other partners, over the primary responding agency; · Geographical distances in rural or remote areas; · Differences between full-time, part-time and volunteer agencies; · The type and level of emergency services and resources available. · The type and level of training and equipment available. CRITERIA FOR ACTIVATING TIERED RESPONSE MAY INCLUDE: · Life threatening medical emergencies (i.e. cardiac arrest, unconsciousness); · Multi-casualty incidents; · Hazardous materials incidents (CBRNE: Chemical, Biological, Radiological, Nuclear, Explosion) involving casualties and/or potential for casualties; · Large fires involving casualties and/or potential for casualties; · Natural disasters resulting in such occurrences as building collapse. · Vehicle collisions The effectiveness of tiered response programs is dependent upon prompt notification of participating agencies and the activation of the appropriate emergency response unit, regardless of agency affiliation. Tiered response agencies should expect to be activated within one minute of receipt of a life threatening/public safety incident, as defined in the agreement. In order for a tiered response program to provide the greatest benefit to the public, all - 4- 134 Attachment #4, page 5 of 8 appropriate participating agencies need to respond to life threatening incidents, when there is a clear response time advantage in scene arrival. over the usual primary agency response time. ï ') ,OJ ..,.. ~ I. Levels of participation by municipalities and safety agencies will vary based on community needs and resources.. OPERA TJONAL CONSIDERATIONS · An agreement to participate in a tiered response program is a voluntary commitment on the part of each agency involved; · All participants in the tiered response agreement must clearly understand how the impacts of activation, call-ouUnotification and travel-time/distance can affect each agency. as the agreement is drafted; · There must be a procedure, documented in the agreement, associated with start-up, operational and maintenance costs of the program. In addition to these costs, locally agreed upon procedures for replacement of supplies and equipment should be included in the documentation process; · All participants in the tiered response agreement must clearly understand the agreed upon procedure associated with start-up, operational and maintenance costs of the program. Any locally agreed upon replacement procedures of supplies and equipment must be documented in the agreement; · The committee must ensure that all participants are properly trained to meet the expectations of each partner within the agreement. Consideration should be given to interagency training and exercises to ensure an effective and efficient response capability; · Consideration should be given in any tiered response agreement to CBRNE situations or other long term/major impact incidents that would affect the agencies abilities to function in a routine manner. (i.e. large numbers of staff affected by quarantine); · The agreement must include a process of notification to all participants, in a timely manner, should a partner in the agreement develop an inability to provide a response to an emergency. This notification could be provided to participant's - 5- 135 -' (', '" ~.. ¡:.. t c. Attachment #4, page 6 of 8 dispatch services; . The Tiered Response Committee should review the tiered response agreement on an annual basis, as a minimum. CONCLUSION Tiered Response is a voluntary program built on the principles of teamwork and cooperation between the public and/or private safety agencies. Each participant in a local emergency response program has a specific role to play in the community, and by working together, they are better equipped to meet the specific emergency needs of the constituents they serve., For additional information or assistance, please contact: Ministry of Health and Long-Term Care Emergency Health Services Local Field Offices or Ministry of Community Safety and Correctional Services Office of the Fire Marshal Local Fire Protection Advisers Field Fire Protection Services, Midhurst Regional Office: 1 - (800) 565 - 1842 or Ontario Association of Fire Chiefs e-mail: administration@oafc.on.ca 1 - (800) 774 - 6651 -6- 136 Attachment #4, page 7 of B , ') .A 1. ~ ,t SAMPLE EMERGENCY MEDICAL TIERED RESPONSE AGREEMENT This letter of agreement between (the dispatch agency< insert name » and partnering public safety agencies (insert names) authorizes the activation of tiered response, should the Emergency Medical Services (EMS) become overwhelmed to the point that they cannot arrive on scene within (x) minutes of the receipt of a life threatening emergency response, the « insert name> appropriate safety agency) will be requested to assist until EMS becomes available under the following criteria: State specific life threatening medical emergencies and/or insert locally agreed upon criteria The (dispatch agency < insert name » will notify the appropriate Tiered Response Partners < insert name> within 1 minute of dispatch of ambulance in response to a life threatening medical emergency, which meets the stated criteria for tiered response. This agreement recognizes that the participating agencies < insert name> (department) and < insert name> (service) may not be able to respond when occupied with another emergency, or for any other reason as determined by their senior on-duty officer. Each participating agency will notify the other agencies of their inability to operate or respond to the situation. This agreement will be reviewed < semi-annually/annually> to ensure its currency. The authorized representative of each partner agency shall sign this agreement. <Agency name> <Signature of Authorized Official> < Day/date> <Agency Name> <Signature of Authorized Official> < Day/date> and (etc.) Attach Appendix/Appendices as required> ~ Ongma! Agreement - Date : Amended Agreemenl- Date - 7 -- 137 1'\ :"' .t ~~ ~"~ Attachment #4, page 8 of 8 Acknowledgment The OAFC-OFM-EHS (Ontario Association of Fire Chiefs, the Office of the Fire Marshal and the Emergency Health Services) Steering Committee would like to thank the following members of the working sub-committee for their input and assistance in developing this guideline. · Richard Armstrong, AMEMSO President, and Director, Durham Region EMS · Steve McNenly, Assistant Director, Durham Region EMS · Brian Bildfell, Director, Essex County EMS · Paul Bradley, Sergeant, O.P.P. - Provincial Emergency Response Team · Tony Campeau, Program Manager- Land Ambulance, MOHL TC · Colin "Barney" Ruddell, Assistant Chief, Niagara Falls Fire Department · Denys Prevost, Fire Chief and EMS Director, Norfolk Fire and Rescue Services · Daryl Wright, District Chief, Toronto Fire Services Communications · Bill Sault, Captain, Toronto Fire Services Training - EMS Section 1 3 -~ - .A · Tv.m of Œffie Legislative & Information Services co/L£· 5/ "'Ob TOWN OF AJAX 65 Harwood Avenue South ./<" ,.. Ajax ON L 1 S 2H9 .L ¿ 0 ~wnofajax.com é' j~i~~ ~;"" .."' ~,,,7 r~ ~ ~""'-:!"""_'..;""..f) ("1 ¡~ I "c-" ir.~~'~:>';~" ii~J . ""¡'1l/VG TeL 905-683-4550 Fax. 905-683-1061 July 5, 2006 Hounorable Rona Ambrose Federal Minister of the Environment 6801-170th Street Edmonton, Alberta T5T 4W4 Hono~rab~e,Laurel C. Brot~n Cl. "'::>. Ontario Minister of the EnvlronmefT1>,\ '3 r" 12th Floor, 135 St. Clair Avenue West V¡lIfSION Toronto, Ontario M4V 1P5 RE: Petition to Reduce US Air Pollution Please be advised that the following resolution was passed by the Town of Ajax General Government Committee at its meeting held June 22, 2006 and endorsed by Ajax Town Council at its regular meeting held June 26, 2006: 1. That Council request the Sierra Legal Defence Fund to add the Town of Ajax to the list of signatories to the legal petition entitled "Petition under s. 115, United States Clean Air Act, 42 U.S.C. s. 7415(a) to the United States Environmental Protection Agency for relief from certain emissions from large electric generating units in the States of Illinois, Indiana, Pennsylvania, Michigan, Ohio, West Virginia, and Kentucky"; and 2. That a copy of this report be sent to the Sierra Legal Defence Fund, the Federal Minister of the Environment, the Ontario Minister of the Environment, the International Joint Commission, the Great Lakes and St. Lawrence Cities Initiative, the Federation of Canadian Municipalities, the Association of Local Public Health Agencies, the Greater Toronto Air Clean Air Council, the Region of Durham and the area municipalities within Durham Region. Further to that direction, please find enclosed a copy of the staff report that pertains to this matter. We trust this matter will receive the Federal and Provincial government's full attention. Thank you for your attention to this matter. M::~:'~Æ,~r Manager of Legislative Services/Deputy Clerk 905-619-2529, ext. 342 martha. pettit@townofajax.com Copy: Sierra Legal Defence Fund International Joint Commission Great Lakes and St. Lawrence Cities Initiative Federation of Canadian Municipalities Association of Public Health Agencies Greater Toronto Area Clean Air Council Regional Municipality of Durham All Durham Municipalities !I'I:~--::-;~~~~<..,-,."",. .............,"__._.........'"'-... Dß '0 CORR FILE r~~;Œ APPR. ACTION Olltario',; f'ir,1 ISO 90()] Quality ('O/lllt/III/ity l 'i,Df' ~ö ) " {\'"! Î " í _. {... TOWN OF AJAX REPORT A. · Town of LrllaX ~, 7 By the Lake ·'-~VÞ"""-.1L-'-__._"';"'~;;":'; Report To: General Government Committee Submitted By: Paul Allore, M,C,I.P., RP.P. Director of Planning & Development Services Barbara Hodgins, M.C,I.P., R.P,P. Policy Planner Petition to Reduce U.S. Air Pollution Prepared By: Subject: Ward(s): All Date of Meeting: June 22, 2006 Reference: Strategic Plan: Environmental Awareness Recommendation: 1. That Council request the Sierra legal Defence Fund to add the Town of Ajax to the list of signatories to the legal petition entitled "Petition under s. 115, United States Clean Air Act, 42 U.S.C. s. 7415(a) to the United States Environmental Protection Agency for relief from certain emissions from large electric generating units in the States of Illinois, Indiana, Pennsylvania, Michigan, Ohio, West Virginia, and Kentucky"; and 2. That a copy of this report be sent to th~ Sierra Legal Defence Fund, the Federal Minister of the Environment, the Ontario Minister of the Environment, the International Joint Commission, the Great lakes and 51. Lawrence Cities Initiative, the Federation of Canadian Municipalities, the Association of Local Public Health Agencies, the Greater Toronto Air Clean Air Council, the Region of Durham and the area municipalities within Durham Region. Background: The purpose of this report is to provide a brief overview of the impacts of poor air quality on public health, to explain the nature of the legal petition put forward by the Sierra Legal Defence Fund to reduce harmful transboundary air pollutants entering our air resources from sources in the United States in order to protect the health of Canadians, and to recommend that the Town of Ajax become a signatory to the legal petition in support of this initiative to improve the quality of our shared air resources for the benefit of Ajax residents. Discussion: Air Qualitv and Health Both natural and manmade pollutants can travelby air across large geographic areas. Extensive research has proven that poor qualit(a'ir is'dtifting into southern Ontario from the Midwestern U.S. Approximately 150 coal-fired power plants, located in 7 Midwestern States, are emitting large volumes of contaminants, including sulphur dioxide and mercury. These Æ ') 0 . ' ¡"\ ..... ~ ""., ..,., Subject: Petition to Reduce U.S. Air Pollution Page 2 substances are carried into southern Ontario as transboundary pollution by prevailing winds flowing up the Ohio Valley. Electricity generation is responsible for a large portion of the total U.S. air pollution emissions. In the U.S" 50% of electricity is generated from coal, compared with 19% in Canada. However, when we cannot produce sufficient electricity to meet the demands of residents and businesses on hot'summer days, the Province purchases electricity from U.S. power plants, : . , Each year, air pollution in Toronto is estimated to contribute to approximately 1,700 premature deaths and 6,000 hospitalizations. In 2005, a record number of smog alert days were experienced in Ajax and the Greater Toronto Area, emphasizing the need to reduce air pollution as quickly as possible. According to the Ministry of the Environment, on days of poor air quality, U.S. sources (plus background concentrations) account for approximately 50% or more of ozone and particulate air pollution in the Toronto area, Also, research has revealed that poor air quality is not an issue simply limited to urban areas. It extends across our rural areas to the north and east (Le, into Algonquin Park and eastern Canada). Our exposure to poor air does not just occur on smog alert days. Poor air quality represents a health hazard for all persons, but particularly for those who are more vulnerable (i.e. children, people who are physically active outdoors, persons with respiratory illnesses and the elderly). Repeated exposure to contaminated air on typical days in southern Ontario may cause long-term health problems, Therefore, joint commitments from all levels of government in both Canada and the U.S. are needed to curtail air pollution at the source~, TOi achieve this, the Province of Ontario is encouraged to demonstrate leadership by: I · reducing Ajax residents' exposure to transboundary pollution by taking the necessary actions, including legal action as appropriate; reducing emissions from coal-fired electricity generation plants within Ontario; boosting its support for those U,S. states that are seeking cleaner air through legal mechanisms within the U.S. federal government; proactively establishing and enforcing higher environmental standards for sources of air pollution, such as but not limited to new and refurbished incineration facilities; . implementing a Provincial Energy Plan focused on increasing use of environmentally- friendly, sustainable sources of energy and strong implementation of conservation practices (Le. to reduce air pollution and the need to import electricity); and insisting that the Federal government support the Kyoto Protocol and lead in its implementation. , ! Further, we know that actions taken by the'Tow,o, ~n,çj its residents can play an important role in improving our local air quality. Ajax is taking achon to reduce air pollution through the "greening" of the corporate fleet (i.e. replacing trucks with "hybrids"), implementing stricter design and operational criteria for municipal buildings and equipment and reducing energy consumption, As ". f) (j ~,_ ,:- ~ 1 Subject: Petition to Reduce U.S. Air Pollution Page 3 well, the Veridian Corporation (one-third owned by the Town of Ajax) is carrying out a number of activities to reduce air pollution from their activities. Public awareness is an important factor in the success of local air quality improvements. Simple changes in individual behaviour and choices can bring about significant differences, such as turning off vehicles rather than letting them idle (i.e. walking into a restaurant rather than using the drive-thru), switching from gas-powered lawnmowers and weed trimmers, operating air conditioners less frequently and at higher temperatures, and replacing older appliances with energy efficient models, i"" .. Also, we have learned that common activitiesc'arì cáuse. indoor air pollution, such as cooking with oil and the use of fireplaces. . ., . Leaal Petition At a recent meeting, Sierra Legal Defence Fund representatives asked members of the Greater Toronto Area Clean Air Council to request their respective municipal councils to sign on to a legal petition aimed at reducing air pollution emissions from U.S. coal-fired power plants. As described in the Attachment to this report, under the provisions of the U.S. Clean Air Act, Canadians whose health or welfare is endangered by air pollution originating in the U.S. may petition the Administrator of the United States Environmental Protection Agency (U.S. EPA) to take action to prevent or eliminate the endangerment. The Administrator must only have "reason to believe" that Canadians are being endangered before being obliged to take action. Once a finding of endangerment is made, the Administrator must require individual States to reduce the emissions. On June 17, 2005, Sierra Legal Defence Fund filed a petition to the U.S. EPA for action to prevent or eliminate these emissions. The purpose of the petition is to demonstrate to the U.S. EPA Administrator that U.S. coal-fired power plant emissions are contributing to increased air pollution and health impacts in Canada. The legal petition requests that the EPA Administrator order the States of Illinois, Indiana, Pennsylvania, Michigan, Ohio, West Virginia and Kentucky to reduce pollution emissions. ' .;' ,¡ '.'. The Cities of Toronto and Windsor and Essex Region have endorsed the petition, Sierra Legal Defence Fund is in fact seeking endorsement framal! municipalities in southem Ontario. Financial Implications: n/a Communication Issues: As about 50% of the air pollution experienced in Ajax originates in the U.S., support for this petition constitutes a significant step in achieving the Town's aim to improve local air quality to protect the health of residents of Ajax. Conclusion: The Town of Ajax is taking action to reduce local emissions of air pollutants. The Province of Ontario is phasing out coal-fired power generation by 2009. On their own, the Province and the Town unfortunately cannot completely protect the health of Ajax residents through local actions to improve air quality. Actions are needed to reduce pollutant emissions from the U.S. . I' ~ .Ii <, (' .t ,)\,1 Subject: Petition to Reduce U.S. Air Pollutio'n Page 4 Staff will be kept apprised of the progress of the legal petition by the Sierra Defence Legal Fund and will report back on the outcome. Attachment ./ .P. - Policy Planner <0' Manager of Planning ~~~~ Paul Allore, .C.I.P., R.P.P. - Director of PI,ann!ng& Development Services , :;. ..:1" .j '::': ,^ 13;;' ï \ Attachment Briefing Note by Sierra Legal Defence Fund Petition under Section 115 of the U.S. Clean Air Act for EPA Action against Smog, Acid Rain and Climate Change Pollution in Canada Backqround: · emissions of sulphur dioxide (S02), nitrogen oxides (NOx) and carbon dioxide (C02) are emitted in massive amounts from 250 coal-fired power plants in the U.S. MidwesUOhio Valley States of Ohio, Pennsylvania, Indiana, Michigan, Illinois, West Virginia and Kentucky. · these coal-fired power plants emitted 4,5 million tonnes (MT) of S02' 1.5 MT of NOx and 725 MT of CO2 in 2002, representing significant percentages of U.S. totals. prevailing winds carry these contaminants to Canada, where the health and welfare of citizens is threatened by smog and acid rain, and by climate change globally. in 2005, Ontario surpassed its previous record for the number of smog days in a full year by Canada Day (July 1). . over one half of premature deaths from air pollution, in Ontario are attributable to U.S. pollution sources, thousands of lakes and rivers continue to be harmed by acid rain in Eastern Canada. . rising temperatures, violent weather events, drought and the other harmful impacts of climate change affect all people around the world, ' What is a Section 115 Petition? under the provisions of the United States Clean Air Act, Canadians whose health or welfare is endangered by air pollutants originating in the U.S. may petition the Environmental Protection Agency (EPA) Administrator to take action to prevent or eliminate the endangerment. · U.S. citizens are accorded a similaropportunity under s. 166 of the Canadian Environmental Protection Act. · On June 17, 2005, the Sierra Legal Defence Fund, on behalf of a number of environment groups, filed a petition to the U.S. EPA for action to prevent or eliminate the subject emissions. . the EPA Administrator must only have "reason to believe" that Canadians are being endangered before he is obliged to take action. once a finding of endangerment is made, the Administrator must require individual states from which emissions emanate to revise their State Implementation Plans to reduce the emissions. .', ,,, ..'-~ .! ,-1 What 00 We Hope to Achieve? · cleaner air, healthy water bodies, and a secure climate. The petition provides the opportunity to convince the U,S. EPA, but also constitutes the first step for a legal process to force the EPA to act if it fails to do so voluntarily. · this action, together with other actions taken in collaboration with a number of U.S, governmental and non-governmental organizations, is part of the larger battle against air pollution from coal-fired power plants in both Canada and the U,S. · a successful petition will benefit millions of Americans as well as Canadians. What Evidence 00 We Present in the Section 115 Petition? · the petition relies on numerous international reports from agencies, such as the United Nations, the International Joint Commission,NAFTA's Commission for Environmental Cooperation, the Organization for Economic Cooperation and Development and others, and is buttressed by reports from the U.S. EPA, Environment Canada and numerous other governmental and non-governmental organizations. · there are available and affordable technologies to reduce NOx and S02 emissions by over 90%, however, recently passed laws do not even require such reductions by 2015. · the EPA acknowledges under its so-called Clean Air Interstate Rule that, in 2015, there will still be areas in upwind U.S. states that will continue to fall below American health standards for air quality. · reductions in CO2 emissions that cause climate change will ultimately require greater investment in renewable power and conservation measures, as well as a genuine acknowledgement by the U.S. Administration that a grave problem exists. · current pollution laws also do not contemplate the aggravating effect of climate change on existing problems, such as rising temperatures on ozone formation. What if the EPA Administrator Reiects the Petition or qnores It? these are outcomes that the filing of this petition contemplates since failure by the Administrator to take action provides reçol,Jr.se¡ toJhe U.S. courts. , .,' . . ... " both the Clean Air Act and the Administrative Procedures Act allow Sierra Legal Defence Fund to sue in U.S. courts if the Administrator rejects our petition or fails to act within a reasonable time (i.e. 12-18 months). we must show that the Administrator's conduct in failing to act - given the overwhelming evidence of endangerment to Canada - was arbitrary, capricious or not in accordance with the law. If We Sign the Petition. Does This Oblige Us to Take Part in a Lawsuit Later? No. The petition carries no obligation of ,involvement beyond your role as signatory to the petition. .I t)) _I ,) ) What Cost and ObliQation is There if We SiQn on to the Petition? · we do not anticipate any financial costs other than whatever effort is required on your part (the municipality) to follow the progress of the petition and to help move it forward. What are the Next Steps? once additional parties sign on, we will file an additional or amended petition to the one filed on June 17, 2005. Who Can I Contact for Further Information? Albert Koehl, Staff Lawyer Sierra Legal Defence Fund 30 St. Patrick Street, Suite 900 Toronto, Ontario M5T 3A3 (416) 368-7533 Ext. 26 akoehlæD.sierraleQal,org 1-34 C o¡¿r¿.. 5::2 -010 TOWNSHIP OF SOUTH STORMONT 4949 County Road No. 14 P. O. Box 340 Ingleside, ON KOC 1MO Phone: (613) 537-2362 info@southstormont.ca June 29, 2006 To: All Ontario Municipalities Re: Prohibit Use of Cosmetic Pesticides The Council of the Township of South Stormont passed the following resolution on June 28, 2006. Your support of this resolution would be appreciated. Please send any resolution of support to the Premier of Ontario, with a copy to the Township of South Stormont. Resolution #168/2006 Moved by: Seconded by: Deputy Mayor Fenton Councillor Upper Whereas the Township of South Stormont Pesticide/Environmental Committee (PEC) passed Resolution No. 26/06/PEC, recommending that Council petition the government to implement legislation banning the use of pesticides for cosmetic purposes across the country; And Whereas Council supports the PEC in their mandate concerning the protection of health, safety and welfare of the inhabitants of the Township of South Stormont; And Whereas Council has passed Resolution Nos. 249/01 and 049/03, supporting the education of the harmful effects of pesticides and expressing their desire for a chemical free municipality; And Whereas, realizing the potential danger associated with the use of cosmetic pesticides, the Township has prohibited the use of pesticides on all municipally owned properties; Now Therefore be it resolved that Council petitions the Province to implement legislation to prohibit cosmetic pesticide use completely in the province of Ontario. And further, be it resolved that a copy of this motion be sent to our MPP; the Minister of Environment, Minister of Health and all municipalities. ORIG!!\!M ""t-..oI2- TO: ~ coP;:;'·' The Council of the Township of South Stormont appreciates yo rrg§..Y¡;mort resolution. Yours truly, 13e:tty ~ tlCiUM'1/, eM <9 CAOjClerk FILE TAKE APPR. ACTION L~or ~ .I. '3· ,'~ ~\.. ;) g!![ipglOn CORr<.'53-0~ June 12, 2006 Pat Madill, Clerk The Regional Municipality of Durham 605 Rossland Road East Whitby, ON, L 1 N 6A3 Dear Ms. Madill: RE: PAPER FIBRE BIO-SOLlDS FILE: E05.GE At a meeting held on May 1, 2006, the Council of the Municipality of Clarington passed the following resolution: "Whereas the Experts Panel on Paper Fibre Bio-Solids recommended a number of initiatives to the Minister of Environment in February 2005 and action on these recommendations have yet to be taken, and Whereas Clarington Council supported the recommendations of the Experts Panel through Resolution #GPA-208-05; and Whereas the Region, local municipalities and environmental groups have been pressing the MOE to keep waste destined for further processing or blending into products such as Sound-Sorb, Nitro-Sorb, etc. under the regulatory umbrella of the MOE throughout the transportation, processing, % storage/stock piling and final resting site under a Certificate of Approval (C (--{jN2-~. of A) and under the provisions of the Nutrient Management Act NMA in j..) the case of agricultural applications, and ?g;GINA!. 'l>E6f copy . . . Whereas the Region must lead by example and take a "cra approach to the compost processing contract, ... CORPORATION OF THE MUNICIPALITY OF CLARIN 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 (f1I\o-h6n -to Ey¡cbn..'3C) - 2 - Now therefore be it resolved that the Municipality of Clarington does not support the concept of mixing paper-fibre biosolids with compost as contemplated in the contract with Waste Management of Canada Corp. until the recommendations of the Experts Panel are implemented by MOE and further that the Region of Durham and Ministry of Environment be informed of this resolution and it be circulated to all other local municipalities in Durham Region for endorsement. " Yours truly, Patti L. Barrie, A.I'v1.C.T. Municipal Clerk PLB/ta cc: Ministry of Environment The Township of Brock, George S. Graham, Adminstrator/Clerk The Town of Ajax, Martin de Rond, Clerk The City of Oshawa, Sandra Kranc, Clerk The City of Pickering, D. Bentley, Clerk; The Township of Scugog, Kim Coates, Clerk The Township of Uxbridge, D. Leroux, Clerk Town of Whitby, Paul Jones, Clerk i36 * 137 Co££... 51' - Db June 20, 2006 Honourable Dalton McGuinty Premier, Province of Ontario Queen's Park Room 281, Main Legislative Building Toronto, ON, L7A 1A4 Dear Honourable Sir: RE: ONTARIO CLEAN WATER ACT FILE: E08.GE At a meeting held on June 12,2006, the Council of the Municipality of Clarington considered the above matter and passed the following resolution: "Whereas the proposed Ontario Clean Water Act is an enabling statute which outlines, in a very general way, what will be done, how, and by whom, to protect current and future drinking water sources, and the details of the how the Act will be implemented in the associated regulations; and Whereas the Municipality of Clarington supports the concept of locally developed source water protection plans in watersheds across Ontario; and Whereas the Ontario Clean Water Act, Bill 43, will affect rural landowners, farms, business, conservation authorities and municipalities; and Whereas the commodity groups representing agricultural producers have provided input to the Provincial Government that has not been incorporated into Bill 43 and should be included in the regulations; and Whereas the proposed Clean Water Act could significantly disadvantage and cause undue hardship for agricultural producers and may force producers to leave the business because of stringent regulations; and Whereas the implementation and enforcement is another downloading of provincial responsibilities to municipalities in Ontario; and Whereas agricultural producers and municipal governments should be consulted on the regulations, implementation strategy and funding for such endeavours before the regulations are brought into force; Now therefore be it resolved that Clarington Council urges the Government of Ontario to a) provide adequate funding under the Clean Water Act to land owners; b) review the implementation strategy with and to the satisfaction of the commodity groups and the AMO before it is included in the regulations; c) transfer adequate funds to the municipalities for the implementation; And further that this resolution be circulated to all municipalities in Ontario a~rI fCt tbeit endorsement." " ,ORiGIf\''''! De> ¡ TO: I cop'-" TO: ( CORR ) FilE TAKE APPR. ACTION l. M.otiot1 to E^dOI ~><:>- ) Patti L. Barrie, A.M.C.T., Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON, L 1 C 3A6 905-623-3379 ext. 254 cc: Association of Municipalities of Ontario - All municipalities of Ontario The Corporation of the Township of Uxbridge cel!-£-. 56 - Db Town nall 51 Toronto Street South P,O. Box 190 Uxbridge. ON L9P 1T! Telephone (905) 852 -9181 Facsimile (905) 852 -9674 Web www.town.uxbridge.on.ca .. 3~· 1_ () In The Regional Municipality of Durham D July 5th, 2006 Honourable George Smitherman Ministry of Health & Long-Term Care Hepburn Block, 10th Floor 80 Grosvenor Street Toronto, Ontario M7 A 2C4 CLERK'S DIVISiON RE: PHYSICIAN SECUREMENT IN UXBRIDGE COUNCIL MEETING JUNE 26TH, 2006 TOWNSHIP FILE: GM-406.1 Please be advised that during the regular meeting of the Council of Monday, June 26th, 2006, the following motion was carried: WHEREAS the Council for the Municipality ofUxbridge received a report from the Council Representative for Physicians Recruitment Task Force ofUxbridge stating that it is still very difficult to attain physicians and specialists to address our doctor shortages. Our hospital and our community can not function properly without these health care providers; AND WHEREAS Uxbridge Township has been designated under serviced by MOHLTC; AND WHEREAS we have developed strategies to address our shortage; AND WHEREAS this is a Provincial and Federal concern; ""bE> AND WHEREAS it is recommended that the Government of Onta Canada act expediently to resolve this shortage of physicians in 0 re ion and be ond; NOW THEREFORE be it resolved that the Municipality ofUxbrid and Federal governments to work together to provide more spaces' universities and to provide financial commitments to fulfill these c ti al @ FILE TAKE APPR. ACTION l M..C7\\O"" -to EÍ"'\dot~) ì . ¡ j )_ 3J AND FURTHER THAT the physician evaluation and recertification program for doctors and specialists trained out side of Canada as well as Canadian trained doctors wishing to return to practice in Canada be closely examined and streamlined so that these qualified individuals can be facilitated to fill these critical shortages without undue hardship, long wait times or financial burdens. AND FURTHER that this recommendation be forwarded to other municipalities in Ontario for support, the Premier of Ontario, Minister of Health all Durham MPs and MPPs and all Durham Municipalities. .-* Yours truly, úÛ hi¡~ ¡rjÅ Debbie Leroux Clerk /ljr cc: Premier Dalton McGuinty All Durham MPs and MPPs All Durham Municipalities All Ontario Municipalities ~¡£~f:I~ @ CJ:>-£..£. 5 b ~ 0 b Indo-Canadian Cultural Association of Durham 1+ I 1894 Bainbridge Drive Pickering, Ontario Ll V 6G6 Phone: (905) 428-9798 Email: shashibhatia@rogers.com -" ") t ( ..!.. it ì July 16th, 2006. The City of Pickering One the Esplanade Pickering, Ontario, Canada LlV 6K7 Attn: Debbie Bentley, Clerks Office Re: India's Independence Day Recognition Through the recognition of all its peoples and the celebration of multiculturalism, the City of Pickering leads Durham Region by integrating diversity in all its plans. Citizens with traceable roots to India make up a sizeable and important segment of our local society and thriving economy. The Indo-Canadian Cultural Association of Durham (ICCAD) consists of members that are representative ofthese roots. Memberships comprise of all ethnic and religious backgrounds including those from the Hindus, Muslims, Sikhs, Christian, Buddhists, Aga Khan Community, Zoroastrian (Pars i), Bhai's Faith, members of Devi Mendir and from across the Indian sub continent, the West Indian, Fiji Islands, East Africa and global communities with multiracial representations. The ICCAD was formed to capture, and integrate our unique cultures brought to this great land, and the region of Durham in such a manner as to maximize the enrichment, and strong potential of our communities by weaving a common thread that connects us as Canadians. The ICCAD has strong affiliations to the recent success of the Roots and Drums concert that was held in Ajax on May 2ih of this year. The dream of that initiative is to work with the Durham West Arts Centre and like-minded stake holders to bring a World Class Theatre to Durham Region. August 15th represents the 59th anniversary of India Independence Celebration. The City of Pickering will be host to this year's India Independence celebration scheduled to take place at Pickering City Hall on 26 August 2006. On that date the Mayor of Pickering, His Worship Mr. David Ryan and Consul General of India have graciously agreed to hoist the Indian Flag in the City Square, in recognition of the strong contributions made by South Asian Canadians in the City of Pickering, and that of the broader community. India's Independence celebration will be celebrated as an annual event at Pickering City Hall. We the members ofICCAD committee hereby request that August 15th, 2006, and each year thereafter on the said date be declared India Independence Day by the City of Pickering. ORIGINAl, TO: COpy TO: Thank You, De,. Shashi Bhatia Chair Committee Members: Cecil Ramnuath: Secretary Ac\ema Gocool Shainder Bance ....-,..,...,~J"... í ¡ "~-¡ 1st Kishun Maz Ansari Ashok Bhatia Shinder Bance Jawaid Danish Donald Igbokwe Ramya Kumar Sunil Patra S. Singh Sidhu N uri Sadru D anÎmsí ..'+.. -4J.sha.&Ag.am Chahar Shailendra & A. Shah ('.'~',~ l Tt'" '('::~Oiï't>n -tc; ~/~e-) !, ,~\, STRATEG!C OBJECTIVES JUl l32,QO~ Coldl. 5;-Db July 12, 2006 ~.~'. , 184 Front Stre¡¡fF~$t, 4th Floor Toronto, ON, Ca'~~a¡¡,MSA 4N3 TEL: [416J 366-7735 ~AX [416J 366-2295 ~ www strategicobjectives,com Mayor David Ryan One The Esplanade Pickering, ON L 1V 6K7 Dear Mayor: On Thursday September 21,2006, M&M Meat Shops, Canada's largest retail chain of specialty frozen foods, is hûstiiiy its second a.;·În¡Ja~ ~~at¡cíìa: Fami:y Dinner ~J:ght an~ continL::ng :ts tré::d:tio:1 cf bring~ng fam:!y and friends together. Family experts and researchers have told us that one of the most valuable gifts parents can give their children is time spent together as a family. Taking this advice, last year M&M Meat Shops successfully launched National Family Dinner Night and encouraged thousands of families to sit down and have dinner together. Through these efforts, M&M strengthened communities and raised $25,000 for the Crohn's and Colitis Foundation of Canada (CCFC). This year M&M is hoping to bring even more families across the country together at mealtime. b'ast year's program received the support of community leaders ranging from the Prime Minister to the Mayors '/ of some of Canada's smallest cities. We would be most honoured if you, as a leader in the community, would provide a letter of support for this community-based initiative and, if possible, formally p-roclaim Sep-tember 21, 2006 as National Family Dinner Night. We would truly love to hear your own memories about ýOUr family dinners growing up and what gettingtogether for a family meal mæns to you. ---; ~ M&M Meat Shops will be asking families to register their participation in National Family Dinner Night on their website: www.mmmeatshops.com as of August 1,2006. For every person that registers, M&M will donate $1 to the CCFC. Of course, we also hope that you will enjoy a family dinner on September 21, 2006, and register your ¡Jé:ilticipat;0il in NatioÍiai Family Diiîneï i'~¡ght ¿¡ v;i~ÌJvv.¡YIITi¡Tleatshops,com. As M&M Meat Shops' public relations partner, we thank you in advance for your consideration. We will follow up with your office in the next few days. In the meantime, if you have any questions, please do not hesitate to call me at (416) 366-7735. Thank you for your consideration. Yo rs truly, dy Lewis artner & Executive Vice President STRATEGIC OBJECTIVES ( M.otion +0 ÒeclarJ Ciú¡ o~ .I 4,-.¡ ....t_ ~ (.. July 24, 2006 EXECUTIVE COMMITTEE REPORT Executive Committee Report EC 2006-12 1. Director, Corporate Services & Treasurer, Report CS 43-06 Public Meeting Notice of the Passinq of a Taxicab Licensinq By-law 1. That Report CS 43-06 of the Director, Corporate Services & Treasurer be received; 2. That a public meeting be held on July 24, 2006 for the purpose of soliciting comments with respect to the proposed Taxicab Licensing by- law; and 3. That upon review of the comments, the City Clerk present the by-law at the September 18, 2006 meeting of City Council. 2. Director, Planning & Development, Report PD 41-06 Declaring City-owned Lands Surplus Part of Commerce Street, Plan 65 (Part 1, Plan 40R-XXXXX) Authorization to Enter into Access/Parking Agreement (Part 2, Plan 40R-XXXX) (Portion of Untravelled Commerce Street. west of Front Road) 1. That a By-law should be enacted to: a) stop-up and close a part of the untravelled portion of Commerce Street, Plan 65, Pickering, being Part 1, 40R-XXXXX as public highway; b) declare that part of the untravelled portion of Commerce Street, Plan 65, Pickering, being Part 1, 40R-XXXXX surplus to the needs of the Corporation for the purpose of sale to the north abutting owner, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy subject to any required easements; and 'I ¿t ".. ~. . ~ c) authorize the execution of all relevant documentation necessary to effect the stopping-up and closing of that portion of Commerce Street, Plan 65, Pickering, being Part 1, 40R-XXXXX as public highway and to effect the sale/conveyance of it to the north abutting owner. 2. That Council authorize staff to execute an agreement between the City and Stephen McKean (the owner of 688 Front Road) respecting vehicle access and parking on a portion of untravelled Commerce Street, Plan 65, Pickering, identified as Part 2, Plan 40R-XXXXX. 3. (Acting) Director, Planning & Development, Report PD 42-06 Request for Council's Permission to Create Lots by Land Severance D. & C. Hoover 1756 Pine Grove Avenue (Lot 7, Plan 410) City of Pickerinq That the request made by Chris Karkas of Karmann Homes, on behalf of the owners D. and C. Hoover, be approved, to permit the division of lands (being Lot 7, Plan 410, municipally known as 1756 Pine Grove Avenue) by land severance rather than by draft plan of subdivision for a future residential development. 4. Director, Operations & Emergency Services, Report DES 26-06 Supply and Delivery of One (1) Multipurpose Single Person Refuse Packer Q-42-2006 1. That Report OES 26-06 regarding the Supply and Delivery of a Multipurpose Single Person Refuse Packer be received; 2. That Quotation No. Q-42-2006 submitted by Haul-All Equipment Ltd. for the supply and delivery of a Multipurpose Single Person Refuse Packer in the amount of $103,445.00 (GST and PST extra), be accepted; 3. That the total gross purchase cost of $117,927.30 and a net purchase cost of $111 ,720.60, be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of; a) Debt financing not to exceed the amount of $110,000 for a period not to exceed five (5) years at a rate to be determined; be approved and that the balance of 1 4,A __ ,t approximately $1,720 plus financing costs be financed from current funds; b) That annual repayment charges in the amount of approximately $25,300 be included in the annual current budget for the City of Pickering commencing in 2007 and continuing thereafter until the loan is repaid; c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2006 as established by the Province for municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That staff at the City of Pickering be given the authority to give effect thereto. 5. Director, Operations & Emergency Services, Report OES 28-06 Canada-Ontario Municipal Rural Infrastructure Fund Intake Three Proposed Pickerinq Project 1. That Report to Council OES 28-06 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Intake Three be received; 2. That The Corporation of the City of Pickering participates in COMRIF Intake Three through the submission of an application by the application deadline of September 13, 2006; 3. That the City of Pickering's participation in COMRIF Intake Three shall consist of an undertaking of a bridge deck replacement program, at a total estimated cost of $765,000 and a net estimated City cost of $255,000, at the following locations as its highest priority . Palmer Bridge . Michell Bridge as provided for and approved in the 2005 and 2006 Capital Budgets; 4. That staff be given authority to prepare and submit the necessary documentation for the on-line application including a resolution by Council; and 1. 4. ') 5. That the appropriate officials of the City of Pickering be given authority to give effect thereto. 6. Director, Corporate Services & Treasurer, Report CS 40-06 Establishment of Pine Creek Area Neiqhbourhood Watch 1. That the letter from Durham Regional Police Services dated June 20, 2006 endorsing the establishment of the Pine Creek Area Neighbourhood Watch, be received; and 2. That the Council of The Corporation of the City of Pickering hereby endorse the Pine Creek Area Neighbourhood Watch and approves the installation of Neighbourhood Watch signs at the entrance to the subject area. 7. Director, Corporate Services & Treasurer, Report CS 41-06 Heritage Permit Applications Submission under the Ontario Heritaqe Act 1. That Report CS 41-06 of the Director, Corporate Services & Treasurer be received; 2. That the processing of Heritage Permit Applications, as outlined in this report be approved; and 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. 8. Director, Corporate Services & Treasurer, Report CS 42-06 Responsible Pet Ownership By-law Final Submission 1. That Report CS 42-06 of the Director, Corporate Services & Treasurer be received; 2. That the draft Responsible Pet by-law, included as Attachment #3 to this report be approved; and 3. That an Animal Services Committee be established, as outlined in this report. CiÚf 0/ REPORT TO EXECUTIVE COMMITTEE 1.4ß Report Number: CS 43-06 Date: July 24, 2006 From: Gillis A Paterson Director, Corporate Services & Treasurer Subject: Public Meeting Notice of the Passing of a Taxicab Licensing By-law Recommendation: 1. That Report CS 43-06 of the Director, Corporate Services & Treasurer be received; 2. That a public meeting be held on July 24, 2006 for the purpose of soliciting comments with respect to the proposed Taxicab Licensing by-law; and 3. That upon review of the comments, the City Clerk present the by-law at the September 18, 2006 meeting of City Council. Executive Summary: With the implementation of the Taxicab Advisory Committee and as part of the Clerks Division review of regulatory by-laws, the Taxicab Licensing by-law was deemed to be a high priority for review and subsequent update. The purpose of this report is to solicit comments on the draft Taxicab Licensing by-law, prior to finalization and presentation of the by-law to Council. Financial Implications: There are no financial implications associated with this by-law. Background: In accordance with Subsection 150 (4) of the Municipal Act, 2001, before passing a licensing by-law, a municipality shall hold at least one public meeting at which any person who attends has an opportunity to make representation with respect to the matter and ensure that notice of the public meeting was given. Accordingly, notice of the public meeting was given on July 5, 2006 in the News Advertiser and posted on the , It' ì '-1 í ---Report CS 43-06 Subject: Taxicab Licensing By-law Date: July 24, 2006 Page 2 City's website. A copy of the notice is included as Attachment 1 to this report. To date no written submissions have been received in this regard. As part of the review of regulatory by-laws, the Clerks Division, with the input and assistance of the City Solicitor, the Chair, Taxicab Advisory Committee and the members of the Taxicab Advisory Committee, undertook an extensive review of By-law # 2206/86, being the Taxicab Licensing by-law. Presentations were made to the Taxicab Advisory Committee on the proposed Taxicab Licensing by-law and feedback from representatives of the Taxicab Advisory Committee were taken into consideration. Highlights of the proposed changes are noted below, and a copy of the proposed by- law is included as Attachment NO.2 to this report. Key Hiqhliqhts: General Administration: · Clearly define the refusal/revocation/suspension and appeals process · Enforcement procedures · Number of taxicab plates to be recognized, formula for calculation of taxicab plates to be issued · Provisions for three clean air cabs · Defined policies for plate eligibility list requiring applicants to be actively involved in the taxicab industry · Role of Taxicab Advisory Committee formally recognized and defined · Define licensing fees and other charges Vehicle Chanqes · Creation of maximum age of vehicles permitted to be licensed as taxicabs, implemented over a three year timetable · Establishment of body style · Meet requirements of Regulation 629, under the Highway Traffic Act for accessible vehicles · Vehicles must have both air conditioning and heat · Outlines clearly acceptable physical condition, including interior and exterior CORP0227 -07/01 Report CS 43-06 Subject: Taxicab Licensing By-law Date: July 24, 2006 Page 3 ~ 40 }_ 0 Driver Requirements · Driver testing & training program established as requirement for licence · Daily vehicle inspections, documents and available for review by licensing officer · Record of mechanical repairs · Post driver's licence & passenger rights & responsibilities information, along with tariff card in approved location · Keep proper trip sheet records · Turn off any music if requested to do so · Dress code; clean and neat in personal appearance, dressed in pants (but not sweatpants or shorts) or skirt, shirt or blouse with a collar and shoes · Prohibits use of radio system, cell phone or telephone system to speak to anyone other than a dispatcher while a passenger is in the taxicab · Prohibits transportation of a child under the age of 12 in the front seat unless air bag is disengaged · No driver shall operate a taxicab for more than 12 hours in any 24 hour period Taxicab Plate Owner Requirements · All leases must be registered with the City, no sub-leases permitted · $2,000,000. liability insurance requirement · Safety Standards Certificates will only be accepted from an Authorized Motor Vehicle Inspection Station, designated by the City · Maintain each taxicab in operation a minimum 35 hours per week at all times, with the exception of 8 weeks per year · Provide the list of all drivers permitted to operate the taxicab · Notify the Licensing Officer if a taxicab will be out of service for more than five days · Maintain a current maintenance log of all repairs and maintenance performed on the taxicab for the preceding six months Taxicab Brokeraqe Requirements · Provide a list in numerical order by taxicab plate number, the name of every driver operating any taxicab with which he has entered into any arrangement for brokerage services · Keep a record of each Taxicab dispatch including the date and time, the Driver and the location · Carry on the taxicab brokerage business 24 hours a day · File a list of the taxicab brokerage rules and procedures with the City and abide by them. Display the same list prominently in the Taxicab Brokerage offices CORP0227 -07/01 ké\,~rt CS 43-06 Subject: Taxicab Licensing By-law Date: July 24, 2006 Page 4 Attachments: 1. Notice of Public Meeting 2. Draft Taxicab Licensing By-law Prepared By: Approved I Endorsed By: ~~;~ Manager, By-law Enforcement Services ~~~ Debi A Bentley City Clerk Copy: Chief Administrative Officer Recommended for the consideration of Pickering CiJY C uncil " CORP0227 -07/01 I ATTACHMENT , I TO REPORT' c.s + ·.Ob NOTICE OF PUBLIC MEETING 1.~) 0 Taxicab Licensing By-law TAKE NOTICE that the Executive Committee of Council of the Corporation of the City of Pickering will hold a public meeting on Monday, July 24, 2006 at 7:30 pm in the Council Chambers, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, pursuant to the Municipal Act, to consider a Taxicab Licensing by-law. The purpose of the meeting is to inform the public generally about the proposed Taxicab Licensing by-law and to solicit public input. Any person wishing to address Council with respect to this matter must contact the undersigned on or before noon of Friday, July 21, 2006 to register as a delegation. The Council will also consider any written submissions. Copies of the report and proposed by-law will be available on or after July 19, 2006 during regular business hours. Any comments or requests for further information regarding the proposed Taxicab Licensing by-law may be directed to the Manager, By-law Enforcement Services at 905.420.4660, ext. 2187. Dated at the City of Pickering this 5th day of July, 2006. Debi A Bentley, CMO, CMM III City Clerk I ATTACfMNT I;;>' TO REfJI!IlIff . ~ ~ ) ,) . THE CORPORATION OF THE CITY OF PICKERING TAXICAB LICENSING BY-LAW WHEREAS section 150 of the Municipal Act, 2001 provides that a local municipality may license, regulate and govern any business wholly or partly carried on within the municipality; AND WHEREAS the City of Pickering wishes to license, regulate and govern taxicab businesses within the City. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Pickering enacts as follows: PART I-INTERPRETATION Definitions 1 In this by-law, "accessible taxicab" has the same meaning as in section 1 of Ontario Regulation 629; "accessible taxicab plate license" means a license issued by the City to permit the operation of a specific vehicle as an accessible taxicab; "accessible taxicab plate licensee" means a person to whom an accessible taxicab plate license has been issued; "affiliated" means under contract to provide dispatch services and "affiliation" has a corresponding meaning; "applicant" means a person applying for a license or a renewal of a license and "application" has a corresponding meaning; "authorized vehicle inspection station" means a place designated by the City to conduct vehicle safety inspections; "broker" means any person who carries on the business of accepting orders for, or dispatching in any manner to, two or more licensed taxicabs and "brokerage" has a corresponding meaning; Taxicab Bv-Iaw No. Paqe 2 ; 5 i') "brokerage license" means a license issued by the City to permit the operation of a brokerage; "CIR" means a Criminal Information Report containing the results of a search of the Canadian Police Information Centre that includes a list of all criminal convictions for which a pardon has not been received, all outstanding criminal charges, and the results of a vulnerable sector search; "City" means the geographical area of the City of Pickering or the Corporation of the City of Pickering, as the context requires; "City plate license" means a license issued by the City to permit the operation of a specific vehicle as a taxicab; "City plate licensee" means a person to whom a City plate license has been issued; "clean air cab" means a taxicab that meets specific clean air criteria established by Council; "clean air cab plate license" means a license issued by the City to permit the operation of a clean air cab; "clean air cab plate licensee" means a person to whom a clean air cab plate license has been issued; "Council" means the Council of the City; "dispatch" means to communicate orders or other information in any manner between a broker and a driver; "dispatcher" means a person who is in the employ of, or working under a contract with, a broker and whose duties include accepting orders and/or dispatching those orders to drivers; "driver" means a person licensed to operate a taxicab; "driver's abstract" means a Driver Record Search issued by the Ministry of Transportation; "dues" means any amount charged by a broker to a plate owner or a lessee to receive orders from the broker; "fare" means the total amount charged to a person for a trip in accordance with Schedule 2; "fender numbers" means permanent lettering representing the taxicab plate licensee's taxicab plate number of at least 15 cm in height, in a contrasting colour to the vehicle and affixed on both front fenders in a location approved by the City; .' I""" .!.0 ' Taxicab By-law No. PaQe 3 "industry participants" means plate owners, drivers, dispatchers, taxicab plate licensees, lessees and brokers; "issued" means issued or renewed by the City under this by-law and "issuance" has a corresponding meaning; "lease" means an agreement between a plate owner and a driver under which the plate owner authorizes the driver to use one or more owner plates for a fee; "lessee" means a driver who has entered into a lease; "license" means a taxicab driver's licence, taxicab plate license and/or brokerage license as the context requires; "licensed" means licensed under this by-law; "licensing officer" means a municipal law enforcement officer appointed by Council to administer and enforce this by-law; "limousine" means a vehicle that is kept or used for hire for the conveyance of persons solely on an hourly, daily or weekly basis, with a minimum fee or charge of not less than twenty-five dollars for a single conveyance, that does not contain a taxicab meter, roof light or two-way radio (or similar device); "maintenance log" means a log containing information relating to the repair of a taxicab including the vehicle information number of the taxicab, taxicab plate number, make, model and model year of the taxicab, the nature of the repair, the date of the repair, the name of the person performing the repair, and confirmation that the plate owner was notified of the repair; "mechanical defect" means damage to, or failure of a part, component or feature of, a vehicle; "model year" means the year of the vehicle noted on the Ontario Motor Vehicle Registration for the vehicle; "operate", when used in reference to a taxicab, includes driving the taxicab and making it available to the public in service as a taxicab and "operation" has a corresponding meaning; "order", except where the term is used in Parts XII and XIV, means a request for taxicab service received by a broker or a driver; "passenger" means any person other than the driver seated in a taxicab and includes any person engaging or attempting to engage the services of a taxicab; "person" means an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and the heirs, executors or legal representatives of the person to whom the context can apply according to law; Taxicab By-law No. Paqe 4 " - r. t' '''\ '.' __v(J "physically disabled person" has the same meaning as in section 1 of Ontario Regulation 629; "plate eligibility list" means the list of applicants for a City plate license maintained by the City; "plate owner" means a person who is the owner of a taxicab plate according to City records; "plate owner license" means a license issued by the City to a plate owner to permit the operation of a specific vehicle as a taxicab; "plate owner licensee" means a person to whom a plate owner license has been issued; "registered owner" means the owner of a vehicle according to the records maintained by the Registrar of Motor Vehicles for the Province of Ontario; "roof light" means an electronically illuminated roof sign that is securely attached to the top of the taxicab in a manner approved by the City that works in conjunction with the taxicab meter so that it is not illuminated when the meter is engaged and is illuminated when the head lights are on and the meter is in a vacant status; "tariff card" means a card issued by the City that shows the current fares as set out in Schedule 2; "taxicab" means any vehicle used for hire in the conveyance of persons from a place within the City to any point inside or outside of the City, but does not include a bus operated by Durham Region Transit or under license under the Public Vehicles Act, an ambulance, a funeral hearse, a limousine or a vehicle described in subsection 155(2) of the Municipal Act, 2001; "Taxicab Advisory Committee" means the committee of Council appointed to hear appeals under this by-law and make recommendations to Council regarding the regulation of the taxicab industry; "taxicab driver's license" means a license issued by the City to permit an individual to operate a taxicab; "taxicab examination log" means a log containing a record of all mechanical defects and all interior or exterior damage observed and recorded at the beginning and end of each driver's shift; "taxicab meter" means a measuring device approved by the City and used in a taxicab to calculate a fare; "taxicab plate" means a metal plate bearing the taxicab plate number assigned by the City; J.t~xicab By-law No. Paqe 5 "taxicab plate license" means a plate owner license, City plate license, accessible taxicab plate license and/or a clean air cab plate license as the context requires; "taxicab plate licensee" means a person to whom a taxicab plate license has been issued; "trip" means the distance and time traveled or the distance and time to be traveled, measured from the time and point at which the passenger first enters the taxicab or when the taxicab meter is first engaged, to the time and point at which the passenger finally leaves the taxicab or the taxicab meter is disengaged; "trip sheet" means a record of the details of all trips made by a taxicab during each period of continuous operation (each shift) containing, (a) the name of the driver, the date and the taxicab plate number; (b) the time, location and destination of every trip made; and (c) the amount of the fare collected for each trip; and "vehicle" includes an automobile or any other device for the transportation of persons or goods propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act. 2 The following Schedules are attached to and form part of this by-law: Schedule 1 - FEES Schedule 2 - TARIFFS/RATES Schedule 3 - TAXICAB PASSENGER RIGHTS AND RESPONSIBILITIES 3 Unless otherwise specified, references in this by-law to Parts, sections, subsections, clauses and Schedules are references to Parts, sections, subsections, clauses and Schedules in this by-law. 4 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. 5 References in this by-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted. 6 This by-law shall be read with all changes in gender or number as the context requires. Taxicab By-law No. Page 6 "', 5- - .!. f) PART 11- PURPOSES 7 Council considers it necessary to license, regulate and govern industry participants for the following health and safety purposes: (a) to enhance and encourage safe maintenance and operational practices; (b) to ensure that only experienced, qualified and trustworthy industry participants are providing taxicab services; and (c) to promote accountability of industry participants for health and safety Issues. 8 Council considers it necessary to license, regulate and govern industry participants for the following consumer protection purposes: (a) to enhance and encourage equal, fair and courteous treatment amongst industry participants and users of taxicab services; (b) to protect the property of passengers; (c) to ensure consistency in the application of fares; and (d) to promote accountability of industry participants for consumer protection. 9 Council considers it necessary to license, regulate and govern industry participants for the following nuisance control purposes: (a) to limit or mitigate unsightliness, unnecessary noise, nuisance or disruption for industry participants, users of taxicab services and the general public; and (b) to promote accountability of industry participants for nuisance control. PART 111- APPLICATIONS Submission of Applications 10 Applications shall be completed and submitted on forms provided by the City. 11 When submitting an application, every applicant shall appear in person and shall provide all information requested by the City including current valid photo identification satisfactory to the City. 12 Every application shall be submitted with the applicable license fee specified in Schedule 1. 13 Receipt of an application and a license fee by the City shall not represent approval of the application nor shall it obligate the City to issue a license. J r- .1 ! ,táxicab By-law No. Paqe 7 14 If an applicant is a partnership, the applicant shall file with the application a statutory declaration signed by all members of the partnership stating, (a) the full name of every partner and their address of ordinary residence; (b) the name or names under which the partnership carries on or intends to carry on business; (c) that the persons named are the only partners of the partnership; and (d) the mailing address for the partnership. 15 Every corporation applying for a license shall file with the application a copy of the corporation's articles of incorporation or other incorporating documents and a statutory declaration stating, (a) the full name of every shareholder and their address of ordinary residence; (b) the name or names under which the corporation carries on or intends to carry on business; (c) that the persons named are the only shareholders of the corporation; and (d) the mailing address for the corporation. Issuance of Licenses 16 A licensing officer may issue a license to an applicant only where all of the information and documents that the applicant is required to provide under this by- law have been provided and verified, and the license fee has been paid. Disq ualifications 17 A licensing officer shall refuse to issue a license if, (a) the applicant has been convicted of an offence, for which a pardon has not been granted, under Part V (Sexual Offences, Public Morals and Disorderly Conduct), Part VIII (Offences Against the Person and Reputation) or Part IX (Offences Against Rights of Property) of the Criminal Code of Canada or for the offence of careless driving under the Highway Traffic Act; (b) the applicant has submitted false information in support of the application; (c) the issuance of the license would contravene any of the provisions of this by-law; (d) the application is for a City plate license which, if issued, would exceed the maximum number of City plate licenses permitted under this by-law; Taxicab Bv-Iaw No. Paae 8 J58 (e) the applicant fails to successfully complete any testing, training, educational or awareness program required by the City; or (f) the licensing officer has reasonable grounds to believe that the applicant will not operate in accordance with the law or with honesty and integrity. 18 The licensing officer may refuse to issue a license where the applicant has been convicted of a criminal offence other than those set out in clause 17(a) or an offence under the Controlled Drugs and Substances Act (Canada). PART IV - TAXICAB DRIVER'S LICENSES Obtaining a License 19 In addition to the requirements of Part III, every applicant for a taxicab driver's license shall submit to the City, (a) a certificate prepared by a duly qualified medical practitioner stating that the applicant is physically and mentally capable of performing the duties of a driver and is free from communicable diseases; (b) a current valid Class 'G' (minimum) driver's license issued by the Province of Ontario which is in good standing according to the records of the Ministry of Transportation; (c) a driver's abstract dated within 30 days of the date of application; (d) an original CIR dated within 30 days of the date of application; and (e) a letter of potential employment from the taxicab plate licensee or lessee for whom the applicant will be working as a driver. 20 Every applicant for a taxicab driver's license shall pose for an identification photograph to be attached to the taxicab driver's license. Testing and Training 21 (1) Every applicant for a taxicab driver's license shall successfully complete a taxicab driver training and testing program approved by the City, at the driver's expense, within a timeframe specified by the City. (2) The City may waive the requirement of subsection (1) if the applicant has successfully completed, (a) an approved training and testing program within five (5) years of the date of application; or ..T~xicab By-law No. 1. ..Y I Page 9 an approved training and testing program more than 5 years prior to the date of application and completed a written test set by the City and received a mark of at least seventy-five percent (75%). 22 Where the City has concerns regarding a driver's conduct or performance as a result of a complaint or otherwise, the City may require such driver to appear before the Taxicab Advisory Committee and/or attend a testing and training program at the driver's expense. (b) Term of License 23 Every taxicab driver's license shall be valid for a period of two years from the date of issuance. Driver Duties 24 Every driver shall, (a) prior to and immediately upon completion of each shift, examine the taxicab for mechanical defects and interior and exterior damage, record the observations in the taxicab examination log, and report any mechanical defects or damage found to the taxicab plate licensee; (b) be civil, courteous, refrain from using profanity, and offer to assist any passenger when it is evident that the passenger is a disabled person or is in need of assistance; (c) give a passenger a receipt in a form approved by the City showing the driver's name, the taxicab plate number, the date and time of the trip, place of pick up, place of discharge and the fare charged when requested or whenever there is a dispute over the fare; (d) subject to section 25, and except when there is a previous order or engagement, serve the first person requiring the service of the taxicab at any place within the City, at any time of day or night, unless the person, (i) refuses to give their destination; (ii) is in the possession of an animal other than a medical aid animal; (iii) has not paid a previous fare; (iv) is, in the opinion of the driver, unable or unwilling to pay the fare and has been unable or unwilling to satisfy the driver that he has the funds to pay the fare; (v) is an individual covered in an amount of dirt or other material so excessive that if such individual is transported the interior of the taxicab would be left in an unclean state; Taxicab By-law No. Paqe 10 ...., .,,,,, f"'~ ], U ¡ ¡ (vi) is intoxicated or disorderly; (vii) is eating or drinking any food or beverage; (viii) is a person under the age of 12 years who is not accompanied by an adult, or has not had the trip arranged by an adult; (ix) refuses to wear a seat belt; or (x) is intending to smoke in the vehicle; (e) punctually keep all appointments and not make any appointments if a previous engagement would prevent the driver from fulfilling it; (f) take due care of all property delivered or entrusted to them for conveyance or safekeeping; (g) immediately upon the termination of any hiring engagement, examine the interior of the taxicab for any property left in the taxicab; (h) immediately return all property or money left in a taxicab to the person owning the property or money, and, when the owner of the property or money cannot be found, deliver the property or money to the nearest police station; (i) take the most direct available route to the passenger's desired destination unless the passenger requests otherwise; 0) prepare trip sheets; (k) retain all trip sheets for at least three (3) months and make them available for inspection at the request of the City; (I) subject to paragraph (m), engage the taxicab meter only when the passenger enters the taxicab and keep it engaged throughout the trip; (m) be allowed to engage the taxicab meter before the passenger enters the taxicab only after the driver has notified the passenger of the arrival and has waited a reasonable time after the due time of the order; (n) at the conclusion of each trip, place the taxicab meter in the time off status and after payment place it in the vacant status; (0) keep in the taxicab a current street guide for the City and the surrounding vicinity; (p) turn off any radio, tape player or any other sound-producing mechanical device in the taxicab and turn down the volume on the two-way radio upon being requested to do so by any passenger, and having done so, leave Taxicab By-law No. Paqe 11 " f'! l, d ) such device in the off position or, if a two-way radio, turned down until termination of the trip with that passenger; and securely fasten all physically disabled persons, wheelchairs and any other passenger aids, including batteries, so that they are prevented from moving while the taxicab is in motion. 25 When operating an accessible taxicab, every driver shall provide priority service to physically disabled persons at all times, regardless of prior requests for service from persons who are not physically disabled persons. (q) 26 Every driver who has been convicted of an offence described in clause 17(a) shall, within five (5) calendar days of being so convicted, report that fact to the City. 27 The City may, at any time, require a driver to provide a CIR, a driver's abstract, or a certificate prepared by a duly qualified medical practitioner attesting as to whether or not the driver is fit to operate a taxicab. Restrictions 28 No person shall operate a taxicab unless he has been issued a taxicab driver's license. 29 No person shall permit a vehicle to be operated as a taxicab by anyone other than a driver. 30 No driver shall operate a taxicab without a taxicab plate affixed to the rear of the vehicle and a taxicab plate license for the vehicle. 31 No driver shall operate a taxicab unless it complies with all of the vehicle requirements set out in Part X. 32 No driver shall operate a taxicab with mechanical defects. 33 No driver shall display any sign, emblem, decal, ornament or advertisement on or in a taxicab except in accordance with this by-law. 34 No driver shall operate a taxicab unless the current tariff card, taxicab driver's license and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat. 35 No driver shall operate a taxicab with, (a) a greater number of passengers than seatbelts are available for; or (b) luggage or any object placed in, hung on or attached to the taxicab in such a manner as will obstruct the driver's view of the highway. ~ 6:ì ......- (..., Taxicab By-law No. Paqe 12 36 No driver shall operate a taxicab for more than twelve (12) hours in any period of twenty-four (24) hours, or for any period which is more than five (5) consecutive hours at any time without a break of not less than twenty (20) consecutive minutes. 37 No driver shall operate a taxicab unless he is, (a) well-groomed; (b) neat and clean in personal appearance; and (c) dressed in pants (but not sweatpants or shorts) or skirt, shirt or blouse with a collar and shoes, all free from obvious wear or damage. 38 (1 ) In this section, "written contract" means written contract for taxicab services between a taxicab plate licensee and another person for a period of six months or more, at an agreed rate or charge. (2) No driver shall recover or receive any rate or charge from any passenger or persons who made use of his services which is greater than the fare set out in Schedule 2, other than a tip, gratuity or credit card service charge or pursuant to a written contract. 39 No driver shall, (a) take or consume any intoxicants or take, consume or have in their possession any alcohol, or drugs prohibited by the Controlled Drugs and Substances Act (Canada) while they are operating a taxicab; (b) use any tariff card other than that obtained from the City; (c) take on any additional passengers after the taxicab has departed with one or more passengers from anyone starting point except, (i) at the request of a passenger already in the taxicab; (ii) in an emergency situation; (iii) when operating a taxicab which is being used exclusively for the transportation of children to and from school; or (iv) when operating a taxicab which is being used pursuant to a prearranged contract for transportation of physically disabled persons; (d) permit a passenger to stand in the taxicab while the taxicab is in motion; (e) induce any person to engage his taxicab by any misleading or deceiving statement or representation to that person; of' C~ ¡ 0 · iaxÎèab Bv-Iaw No. Paqe 13 (f) make any charge for time lost through mechanical defects or inefficiency of the taxicab or the errors of the driver; (g) make any charge for the time elapsed due to early arrival of the taxicab in response to a call for the taxicab to arrive at a fixed time; (h) use or permit to be used a two-way radio or monitoring device in the taxicab which enables the transmission and/or reception of any frequency of a broker with whom the driver is not affiliated; (i) use any radio system, cell phone or telephone system to speak to anyone other than a dispatcher while a passenger is in the taxicab; 0) speak in an obscene, foul, boisterous, racist, loud, threatening or abusive manner to any person, including a dispatcher, while operating a taxicab; (k) transport a child under the age of twelve years old in the front seat of the taxicab without first disengaging the front seat passenger air bag; (I) knowingly activate the emergency lights on a taxicab except where the driver believes that a threat exists of harm to any person or damage to, or loss of, any property; or (m) accept any order or request for service when the expenditure of money by the driver is required on behalf of the passenger. 40 When a driver uses a taxicab for transportation of passengers for no gain or reward or the taxicab is being tested or inspected, the driver shall remove the roof light from the taxicab and place the taxicab meter in a non-recording position. 41 If the destination of a trip extends beyond the City, the driver and the passenger may agree before the start of the trip to a flat rate, however, the taxicab meter must be in a recording position while the taxicab is within the limits of the City. PART V - TAXICAB PLATE LICENSES Obtaining a License 42 In addition to the requirements of Part III, every applicant for a taxicab plate license shall, (a) submit to the City a copy of the current Provincial permit for the vehicle to which the taxicab plate will be attached in good standing with the plate portion endorsed with a plate owner's or a lessee's name; (b) submit to the City a copy of the current Ontario Standard Automobile Insurance policy for the vehicle to which the taxicab plate will be attached, which policy shall provide that the City shall be given at least fifteen (15) Taxicab By-law No. PaQe 14 .I' 6.A 1 (. days notice in writing prior to cancellation, expiration or change in the amount of the policy and shall provide insurance in respect of anyone accident a third party liability limit of at least two million dollars ($2,000,000.00); (c) submit to the City a current Safety Standard Certificate issued by an authorized vehicle inspection station for the vehicle to which the taxicab plate will be attached; (d) pay all fines, penalties, judgments and any other amounts, including awards of legal costs and disbursements, owing to the City; and (e) submit to the City the vehicle to which the taxicab plate is to be attached for inspection and registration by the City. Term of License 43 Every taxicab plate license shall be valid up to and including December 31st in the year for which it was issued. Taxicab Plate Licensee Duties 44 Every taxicab plate licensee shall file with the City at least five (5) working days prior to the expiry date of any current insurance policy all insurance renewal policies or certificates of insurance evidencing continued compliance with the requirements of clause 42(b). 45 (1) Every taxicab plate licensee shall maintain each taxicab in operation not less than thirty-five (35) hours per week for a period of not less than 44 weeks per year. (2) After receiving a written request, the Taxicab Advisory Committee shall make a recommendation to Council and Council may permit a taxicab to be operated less than 44 weeks per year. 46 Every taxicab plate licensee shall, (a) keep at all times in the taxicab for which the licence has been issued, a copy of, (i) the current Ontario Ministry of Transportation passenger motor vehicle permit issued for that taxicab; (ii) the current taxicab plate license; (iii) the certificate of liability insurance for the taxicab; and (iv) a taxicab examination log recorded by all drivers of that taxicab within the immediately preceding three (3) months; ~ ~ .., -' t~xicab By-law No. PaQe 15 (b) employ or use only the services of licensed drivers; (c) provide the City and, where applicable, any broker with whom they are affiliated, with the names of all drivers who are permitted to operate the taxicab; (d) repair any mechanical defects in the taxicab reported to them by a driver or the City; (e) when a taxicab is not expected to be operated for more than five (5) consecutive days, notify the City of the reason within 3 days of the temporary halt in operation and prior to resuming operation of the taxicab, upon request of the City, provide a Safety Standard Certificate issued by an authorized vehicle inspection station; (f) upon receipt of a notice of inspection from the City, obtain a current Safety Standard Certificate issued by an authorized vehicle inspection station and make the taxicab available for inspection at the appointed time and place specified in the notice; (g) ensure that a copy of the current tariff card and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat; and (h) maintain in the taxicab a maintenance log of all maintenance and repairs performed on the taxicab within the immediately preceding six (6) months. 47 (1 ) Every taxicab plate licensee shall maintain the taxicab in good condition at all times. (2) Without limiting the generality of subsection (1), every taxicab plate licensee shall maintain all drive train components (including the engine, transmission, suspension and braking system) in accordance with the standards of Ontario Regulation 611 and maintain all factory and after- market parts free of defects or damage. Restrictions 48 No person shall permit a vehicle to be operated as a taxicab without a taxicab plate affixed to the rear of the vehicle and a taxicab plate license for the vehicle. 49 No person shall publish or cause to be published any representation that he is licensed or hold himself out as being licensed if he is not licensed. 50 No taxicab plate licensee shall permit a taxicab to be operated unless it complies with all of the vehicle requirements set out in Part X. 51 No taxicab plate licensee shall permit a taxicab to be operated with mechanical defects. Taxicab By-law No. PaQe 16 l.sn 52 No taxicab plate licensee shall permit a taxicab to be operated with any sign, emblem, decal, ornament or advertisement displayed on or in a taxicab except in accordance with this by-law. 53 No taxicab plate licensee shall permit a taxicab to be operated unless the current tariff card and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat. 54 No taxicab plate licensee shall permit a taxicab to be operated in affiliation with a broker who is not licensed. Vehicle Registration 55 Prior to using any vehicle as a taxicab, every taxicab plate licensee shall submit the vehicle to the City for inspection and registration. 56 No vehicle shall be registered as a taxicab unless it meets all of the requirements of Part X. 57 Where a taxicab plate licensee wishes to change the vehicle to which the taxicab plate is affixed, he shall submit the new vehicle for inspection and, upon registration of the new vehicle, shall pay the fee set out in Schedule 1. Temporary Vehicle Change 58 Where a taxicab cannot be operated because of a mechanical defect or damage, a taxicab plate licensee may, for a temporary period not exceeding 28 consecutive days, affix a taxicab plate to an unregistered vehicle provided, (a) the vehicle meets all of the requirements of Part X; (b) a valid Safety Standard Certificate not more than six months old for that vehicle is on file with the licensing officer; and (c) the vehicle has passed the most recent inspection by the City. 59 (1) The taxicab plate licensee shall notify the City immediately upon commencement of its use of a replacement taxicab and shall notify the City which taxicab it is replacing and confirm that the taxicab plate of the replaced taxicab has been affixed to the replacement taxicab. (2) Notice under subsection (1) may be provided by depositing written notification in the City Hall after hours mail deposit box or by facsimile transmission to the City if the replacement taxicab is to be used when the City is not open for business. 60 The taxicab plate licensee shall notify the City immediately upon the return to service of the replaced taxicab and shall confirm that the taxicab plate has been reaffixed to the formerly replaced taxicab. J (' _' J Taxicab By-law No. Paqe 17 61 (1) Where the taxicab plate to be affixed to a replacement taxicab is an accessible taxicab plate, the replacement taxicab shall be an accessible taxicab. (2) Where the taxicab plate to be affixed to a replacement taxicab is a clean air cab plate, the replacement taxicab shall be a clean air cab. Limitation on Number of Licenses 62 The City recognizes a total of seventy-four (74) taxicab plates as having been issued under By-law No. 2206/86, three (3) of which are accessible taxicab plates. 63 (1) The total number of taxicab plate licenses issued at any given time shall not exceed 74 or the number established by the ratio of one license for each 1,500 residents of the City, whichever is greater. (2) For the purposes of subsection (1), the number of residents of the City shall be as determined by the latest revised population figures available from Statistics Canada (annual estimates and the five-year actuals). (3) The City may issue new City plate licenses within three months of receipt of the population statistics from Statistics Canada if warranted under subsection (1). (4) Council may issue up to three (3) clean air cab plate licenses in addition to the licenses permitted by subsection (1). PART VI- PLATE OWNERS Transfer of Plate Ownership 64 No plate owner shall transfer, sell or otherwise dispose of a taxicab plate without the approval of the City. 65 The City shall not approve the transfer or sale of a taxicab plate unless the plate owner, (a) attends in person accompanied by the purchaser to complete and file with the City a plate ownership transfer form and declaration; (b) provides a fully executed contract of sale for the taxicab plate; (c) returns to the City the taxicab plate that is being transferred; and (d) pays the fee set out in Schedule 1. Taxicab By-law No. PaQe 18 168 66 When the plate owner is a corporation and at least 51 percent of the voting rights attached to all shares of that corporation are sold or otherwise disposed of, the plate shall be deemed to have been transferred. Operation/Transfer of a Plate by an Estate 67 Within ninety (90) days following the death of a natural person who is a plate owner, the executor or administrator of the estate shall file with the City proof of death of the natural person and proof of the executor's or administrator's capacity. 68 The executor or administrator may continue to hold the deceased's plates for a period of up to one (1) year following the date of death and may operate a taxicab or permit a taxicab to be operated with the deceased's plates attached provided all of the requirements of this by-law are complied with during such time. 69 (1) Where the executor or administrator cannot transfer the deceased's plates within one (1) year following the date of death, the executor or administrator may apply to Council and Council may, having regard to the matters set out in section 150, permit the executor or administrator to continue to operate the taxicab or permit the taxicab to be operated with the deceased's plates attached for such further period of time as Council deems appropriate. (2) If the executor or administrator does not or cannot transfer the deceased's plates within one (1) year following the date of death, or within such further period of time as prescribed by Council pursuant to subsection (1), whichever is later, the deceased's plates shall be deemed to be cancelled and shall be returned to the City. Leases 70 (1 ) No plate owner shall permit a taxicab that the plate owner does not own to be operated using a plate owner's taxicab plate except under the authority of a lease that meets the requirements of this section. (2) Copies of all leases shall be filed with the City. (3) The name of the lessee shall be endorsed on the plate portion of the Provincial Motor Vehicle Permit for the vehicle, a copy of which shall be submitted to the City. (4) Leases shall be for a period of not less than one (1) year an not more than three (3) years. 71 No lessee shall operate a taxicab except under the authority of a lease that meets the requirements of section 70. 72 No lessee may sublease a lease. ''''\ . . l.Thx1cab By-law No. PaQe 19 PART VII- CITY PLATES Obtaining a License 73 In addition to the requirements of Part III and Part V, every applicant for a City plate licence shall meet the requirements of this Part. 74 All taxicab plates issued to City plate licensees shall remain the property of the City. Plate Eligibility List 75 The City shall maintain a plate eligibility list that contains the names of applicants for a City plate license in the order of the receipt of their application. 76 No person, by virtue of the submission of an application for a City plate license or by virtue of the placing of his name on the plate eligibility list, shall obtain a vested right to a City plate license, or to remain on the plate eligibility list. 77 The City shall issue City plate licenses as they become available to persons in the order in which their names appear on the plate eligibility list. 78 (1) No applicant for a City plate license shall have his name placed on the plate eligibility list unless, for an average of at least thirty-five (35) hours per week during at least forty-four (44) weeks per year during the twenty- four (24) months immediately preceding the date of application, the applicant has, (a) held a taxicab driver's license or a similar licence by another municipality; (b) held a taxicab plate license or a similar license by another municipality; (c) held a brokerage license or a similar license by another municipality; or (d) been employed by a broker in the City or any other municipality. (2) No applicant for a City plate license shall have his name maintained on the plate eligibility list unless, for an average of at least thirty-five (35) hours per week during at least forty-four (44) weeks per year during the immediately preceding twenty-four (24) month period, the applicant has, (a) held a taxicab driver's license or a similar licence by another municipality; (b) held a taxicab plate license or a similar license by another municipality; Taxicab By-law No. PaQe 20 ,F.' '~',I ~ ì ¡ II (c) held a brokerage license or a similar license by another municipality; or (d) been employed by a broker in the City or any other municipality. (3) The forty-four (44) week requirement in subsections (1) and (2) may be satisfied in isolation or through any combination of clauses (a), (b), (c) and (d). (4) All persons whose names appeared on the waiting list maintained under By-law 2206/86 shall have their names maintained on the plate eligibility list if they meet the requirements of subsection (2). (5) Where on account of disability a person has become unable to drive a taxicab or to continue employment with a broker, he shall be deemed to have complied with subsection (2) notwithstanding his continued inability to drive or be employed, throughout the period of disability if, (a) immediately prior to the occurrence or onset of the disability he complied with subsection (2); and (b) as soon as reasonably possible after the occurrence or onset of the disability, he files with the City a certificate from a duly qualified medical practitioner confirming the disability, and, if applicable, the date on which the disability ended. (6) The City shall review the plate eligibility list annually to determine whether those persons listed on it continue to comply with the requirements of subsection (2). (7) (a) Once each year every person whose name appears on the plate eligibility list shall complete and return to the City, within thirty (30) days following the date of receipt of notice from the City, a statutory declaration in a form provided by the City evidencing compliance with subsection (2). (b) Persons who fail to comply with clause (a) shall have their names removed from the plate eligibility list. (8) Any person whose name is on the plate eligibility list and who no longer complies with subsection (2) shall have his name removed from the plate eligibility list. (9) The City shall give notice to any person whose name is removed from the plate eligibility list. 79 No person shall hold more than one position on the plate eligibility list at anyone time. ~ 71 Taxicab By-law No. Paqe 21 80 The plate eligibility list shall be available for inspection during normal business hours of the City. Registration 81 When a City plate license is approved, the applicant shall, within 30 days of the date of notification of such approval, register a taxicab to that taxicab plate and affix the taxicab plate to that taxicab, failing which, the applicant shall not be issued the City plate license, the applicant's name shall be removed from the plate eligibility list, and the City may proceed to issue the City plate license to another eligible applicant. PART VIII- ACCESSIBLE TAXICABS Obtaining a License 82 In addition to the requirements of Part III and Part V, prior to the issuance of an accessible taxicab plate license, the applicant shall provide the City with a current Safety Standard Certificate issued by an authorized vehicle inspection station showing that the vehicle to which the accessible taxicab plate will be attached meets the requirements for an accessible taxicab as set out in Ontario Regulation 629. Accessible Taxicab Plate Licensee Duty 83 Every accessible taxicab plate licensee shall ensure that the taxicab is in compliance with Ontario Regulation 629 at all times during operation of that taxicab. Restrictions 84 No person shall operate a vehicle as an accessible taxicab without an accessible taxicab plate affixed to the rear of the vehicle and an accessible taxicab plate license for the vehicle. 85 No person shall permit a vehicle to be operated as an accessible taxicab without an accessible taxicab plate affixed to the rear of the vehicle and an accessible taxicab plate license for the vehicle. PART IX - CLEAN AIR CABS Obtaining a License 86 In addition to the requirements of Part III and Part V, applicants for clean air cab plate licenses shall meet the requirements of this Part. 87 Council may issue clean air cab plate licenses without regard to the plate eligibility list. /, '7 (", 1_ f. Taxicab By-law No. Paqe 22 88 Clean air cab plate licenses shall be issued to applicants selected through requests for proposals submitted to the City's Supply & Services Division in accordance with terms established by the City. 89 All plates issued to clean air cab plate licensees shall remain the property of the City. 90 Clean air cab plates are held by clean air cab plate licensees at the pleasure of Council and may be revoked by the City, without cause, following a period of three (3) years from the date of issuance, and upon revocation, shall revert to the City without compensation to the clean air cab plate licensee. Restrictions 91 Notwithstanding any other provision of this by-law, clean air cab plate licenses shall not be transferred, leased or otherwise disposed of by the clean air cab plate licensee. 92 Clean air cab plate licenses may only be used by clean air cab plate licensees and one alternate driver whose name has been provided to the City in advance of any such use. 93 Notwithstanding section 96, any vehicle operated under a clean air cab plate license shall be of a model year no older than three years. 94 No person shall operate a vehicle as a clean air cab without a clean air cab plate affixed to the rear of the vehicle and a clean air cab plate license for the vehicle. 95 No person shall permit a vehicle to be operated as a clean air cab without a clean air cab plate affixed to the rear of the vehicle and a clean air cab plate license for the vehicle. PART X - VEHICLE REQUIREMENTS Model Year Restrictions 96 (1 ) No vehicle more than seven (7) years old according to its model year may be registered for the first time as a taxicab under this by-law. (2) No vehicle more than ten (10) years old according to its model year shall be used as a taxicab in the City. (3) The requirements of this section shall not apply to a vehicle if, (a) as of January 1, 2007, the vehicle to be registered for the first time as a taxicab is of a model year 1996 or newer, or is an existing taxicab of a model year 1994 or newer; i'73 Taxicab By-law No. Paqe 23 (b) as of January 1, 2008, any vehicle to be registered for the first time as a taxicab shall be of a model year 1998 or newer, or is an existing taxicab of a model year 1996 or newer; or (c) as of January 1, 2009, any vehicle to be registered for the first time as a taxicab shall be of a model year 2000 or newer, or is an existing taxicab of a model year 1998 or newer. (4) Commencing on January 1, 2010, subsections (1) and (2) shall apply to all taxicabs. Vehicle Standards 97 Every taxicab shall be equipped with, (a) two (2) emergency lights conforming to the following standards: (i) equipped with an intermittent flasher to continuously flash until reset or disengaged; (ii) amber in colour; (Hi) minimum of 5 centimetres in diameter; (iv) shock resistant; (v) wired on a circuit independent from all other equipment in or on the taxicab; (vi) visible, upon activation, from the front and rear of the taxicab from a distance no less than 15 metres during daylight and evening hours; (vii) installed at opposite ends of the taxicab with one facing toward the front of the taxicab and one facing to the rear of the taxicab; and (viii) situated such that the lights, when activated, are not visible to occupants of the taxicab; (b) a silent activation switch to activate the emergency lights; (c) an illuminated activation switch for the emergency lights located in the trunk of the taxicab located out of plain view, and protected from accidental activation; (d) a reset/disengage switch for the emergency lights located only in the trunk of the taxicab, located out of plain view, that remains illuminated so long as the emergency lights are activated; (e) an emergency alert system incorporated with a two-way radio system; Taxicab By-law No. Paqe 24 1.? ,if (f) a heater and an air conditioning system in proper working condition; (g) an extra tire, wheel and jack ready for use for that taxicab, fender numbers, and properly functioning roof light; (h) clear untinted glass windows, except such tint as is approved by the City; and (i) a taxicab meter that, (i) has been calibrated to reflect the current fares; (ii) is in proper working order with the meter seal properly affixed; and (iii) has been tested and sealed by a licensing officer and mounted in a position so that it is clearly visible to passengers in the front and back seats of the taxicab. 98 Notwithstanding clause 97(i)(iii), when a licensing officer is not available to test or seal a taxicab meter as required, the taxicab plate licensee or driver who has had a taxicab meter altered, repaired or replaced may operate the taxicab in which the taxicab meter is installed for a period up to seventy-two (72) hours provided that, (a) the driver has in their possession a receipt for the repair or installation of the taxicab meter from a recognized taxicab meter service provider; (b) the receipt is signed by the person who made the repairs or installation; (c) the receipt sets out the date, time and nature of the repair or installation; and (d) the licensing officer has been notified that the repair has been made. 99 All taxicab equipment shall be of a type approved by a licensing officer and shall be installed in locations approved by a licensing officer. 100 Every taxicab shall meet the standards for the issuance of a Safety Standard Certificate of mechanical fitness and be in compliance with the Ontario Drive Clean program. 101 The interior of every taxicab, including the trunk, shall be, (a) free of all dust, dirt, grease, oil, adhesive resin and any other item which can be transferred onto the person, clothing or possessions of a passenger; (b) free of all waste paper, cans, garbage or any other item not intrinsic to the operation of the taxicab; ", Þ)" . (,) Taxicab By-law No. Page 25 (c) free of noxious substances; (d) free of tears and cigarette burns in the upholstery; (e) dry; (f) in good repair; and (g) capable of accommodating a wheelchair, walker, or similar device used to aid physically disabled persons. 102 The exterior of every taxicab shall, (a) be free of all dust, dirt, grease, oil, adhesive resin and any other item which can be transferred onto the person, clothing or possessions of a passenger, except water or snow; (b) be in good repair; (c) be free from body damage; (d) have a well maintained exterior paint finish; and (e) have four matching hubcaps or wheels. 103 Every taxicab shall be a four (4) door sedan or wagon with two rear passenger doors and a rear seat width of at least 137 centimetres from inside door to inside door or be a van equipped with four side doors. PART XI- BROKERAGE LICENSES Obtaining a License 104 In addition to the requirements of Part III, every applicant for a brokerage license shall submit to the City evidence of an affiliation with at least two taxicab plate licensees and/or lessees. Term of License 105 Every brokerage license shall be valid up to and including December 31st in the year for which it was issued. Broker Duties 106 Every broker shall, (a) provide the City with a list, showing in numerical order by taxicab plate number, the name of every driver operating any taxicab with which he has entered into an arrangement for the provision of taxicab brokerage services; 176 Taxicab Bv-Iaw No. Page 26 (b) notify the City within ten (10) days of any additions to or deletions from the list provided under subsection (a); (c) prepare and retain for a period of at least six months a record of the time and date of each dispatch, the driver to whom the order was dispatched, the taxicab plate number, the pickup location and the destination; (d) carry on the brokerage twenty-four (24) hours a day; (e) upon request, inform any person requesting taxicab service of the anticipated length of time required for a taxicab to arrive at the pickup location; (f) when volume of business is such that service will be delayed to any person requesting taxicab service, inform the person of the approximate time of the delay before accepting the order; (g) dispatch a taxicab to any person requesting service within the City unless the person requesting service has not paid for a previous trip; (h) carry on business only in the name in which the broker is licensed; (i) where the broker dispatches to accessible taxicabs, and service is requested by a disabled person, provide priority service for such person, but subject to prior requests for service by other disabled persons; G) promptly investigate any complaint brought to the broker's attention by a licensing officer against any driver or taxicab plate licensee and report the findings to the licensing officer and any action taken; (k) prepare and file with the City a list of the brokerage's rules and procedures; (I) display the brokerage's rules and procedures prominently in the brokerage's offices; (m) abide by the brokerage's rules and procedures; (n) at the request of a licensing officer, not dispatch calls to any taxicab until further notification; (0) at the request of a licensing officer, provide a record showing the number of taxicabs available for service on any particular day, the time(s) when each taxicab was available for service, and the calls dispatched to each taxicab; (p) employ or use only the services of a taxicab plate licensee or a driver; and (q) maintain an affiliation with at least two taxicab plate licensees and/or lessees. 17'7 Taxicab By-law No. Paqe 27 Broker Restrictions 107 No broker shall, (a) dispatch to an unlicensed taxicab or an unlicensed driver; (b) permit any person to use obscene, boisterous, loud, threatening, abusive, foul or racist language while dispatching; (c) implement any changes in the rules and procedures outlined in clause 106(1) until the proposed change is filed with the City and displayed prominently in the broker's office; (d) accept orders for a parcel delivery unless the driver agrees to take the order; (e) require any driver to accept any order requiring the expenditure of money by the driver on behalf of the customer; (f) make any charge or financial demand, directly or indirectly, of a taxicab plate licensee or lessee, other than dues; or (g) dispatch to a taxicab which is not on the list provided under clause 106(a). 108 No person shall carry on business as a broker in the City unless he has been issued a brokerage license. PART XII- INSPECTIONS and ORDERS Rights of Inspection 109 The City shall inspect all taxicabs concurrently with the issuance of any taxicab plate license. 110 A licensing officer may, at any time when a taxicab is not engaged in the transportation of passengers, enter and inspect the taxicab. 111 Every taxicab plate licensee, lessee or driver shall submit or cause his taxicab to be submitted for inspection when required to do so by a licensing officer. 112 A licensing officer may require that a taxicab plate licensee, lessee or driver submit his taxicab for inspection at an appointed time and place provided notice of the required inspection is given. 113 Nothing in this section shall prevent the removal of any personal property from a taxicab prior to an inspection. Taxicab Bv-Iaw No. Paqe 28 1'78 114 (1) A licensing officer may require from any person the production of any license, permit, log, invoice, voucher, appointment book, trip sheet or any other document in order to ensure compliance with this by-law. (2) A licensing officer may remove any of the documents referred to in subsection (1) for the purpose of photocopying provided a receipt is given and the documents are returned within forty-eight (48) hours of removal. 115 No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection of a taxicab by a licensing officer or the collection of information by a licensing officer. Orders 116 Where a licensing officer finds that a taxicab does not comply with any of the vehicle requirements set out in Part X, he may order the taxicab plate licensee, driver and/or lessee of the taxicab to remedy the non-compliance. 117 All orders shall provide, (a) the taxicab plate number of the taxicab; (b) reasonable particulars of the non-compliance; (c) the date by which the non-compliance must be remedied; and (d) the final date for appealing the order. 118 All orders shall be served in the manner set out in section 163. 119 (1) If an order is not complied with by the date specified in the order, the taxicab plate license in respect of that taxicab shall be suspended as of 12:00 a.m. on that date, and shall only be reinstated if the City receives satisfactory evidence of compliance. (2) Where a taxicab plate license has been suspended under subsection (1), and where no satisfactory evidence of compliance is filed with the City within sixty (60) days from the date of the suspension, the taxicab plate license shall be revoked. 120 No person shall fail to comply with an order. Unsafe Taxicabs 121 (1) Where a taxicab is in a condition that poses a danger to the health or safety of the public, a licensing officer may take custody of the taxicab plate affixed to the taxicab, cut the seal on the taxicab meter, and order that the taxicab be immediately removed from service. , I"'J:1 i I." Taxicab Bv-Iaw No. Page 29 (2) An order issued under subsection (1) may require the taxicab plate licensee, driver or lessee or to have the taxicab towed to a place of repair or other private property at his expense. (3) If an order has been issued pursuant to subsection (1), no person shall operate or permit the operation of that taxicab until the danger has been removed, the taxicab has been inspected by a licensing officer and the taxicab meter has been resealed. PART XIII- SUSPENSIONS, CANCELLATIONS and REVOCATIONS Taxicab Driver's Licenses 122 A licensing officer may suspend or revoke a taxicab driver's license if the driver fails to comply with any provision of this by-law and such non-compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non-compliance. 123 (1) When a driver has had his Ontario Driver's License suspended, cancelled or revoked, the driver shall immediately report that fact to the City and the taxicab driver's license shall be deemed to be suspended as of the date of such suspension, cancellation or revocation. (2) A taxicab driver's license that has been suspended under subsection (1) shall not be reinstated unless the City receives written confirmation that the Ontario Driver's License has been reinstated. (3) If the City does not receive written confirmation that the Ontario Driver's License has been reinstated within sixty (60) days from the date of the suspension, the taxicab driver's license shall be revoked. Taxicab Plate Licenses 124 A licensing officer may suspend or revoke a taxicab plate license if the taxicab plate licensee fails to comply with any provision of this by-law and such non- compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non-compliance. 125 (1) When a taxicab plate licensee ceases to have a current valid Ontario Standard Automobile Insurance Policy in good standing, his taxicab plate license shall be suspended as of the date on which such policy ceased to be in effect. (2) A taxicab plate license that has been suspended under subsection (1) shall not be reinstated unless the City receives written confirmation that the insurance required by clause 42(b) is in place. 1.ao Taxicab By-law No. Paqe 30 (3) If the City does not receive written confirmation that the necessary insurance is in place within sixty (60) days from the date of the suspension, the taxicab plate license shall be revoked. 126 (1) A licensing officer may demand that a taxicab plate licensee or lessee file a current Safety Standard Certificate issued by an authorized vehicle inspection station for any taxicab registered to him, dated not prior to the date of demand and may suspend a taxicab plate license until the certificate has been filed. (2) Where the licensing officer demands a Safety Standard Certificate pursuant to subsection (1), the taxicab plate licensee shall provide it within (3) three days. (3) Where a taxicab plate license has been suspended under subsection (1), and where no certificate is filed with the City within sixty (60) days from the date of the suspension, the taxicab plate license shall be revoked. 127 A licensing officer shall revoke a clean air cab plate license if the clean air cab plate licensee is deceased or is no longer a driver. Brokers 128 A licensing officer may suspended or revoke a brokerage license if the broker fails to comply with any provision of this by-law and such non-compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non-compliance. General 129 The City may cancel any taxicab driver's license, taxicab plate license or brokerage license at any time upon the written request of the driver, taxicab plate licensee or broker, as the case may be. 130 (1) When a taxicab driver's license, taxicab plate license or brokerage license has been suspended, cancelled or revoked, the holder of the license shall return it and, if applicable, the taxicab plate to the City within forty-eight (48) hours of the suspension, cancellation or revocation. (2) A licensing officer may enter upon any business premises or into the taxicab of any licensee whose license has been suspended, cancelled or revoked for the purpose of removing the license and, if applicable, the taxicab plate. 131 No person shall refuse to deliver or in any way obstruct or prevent a licensing officer from obtaining a license that has been suspended, cancelled or revoked. 132 No person shall operate a taxicab or permit the operation of a taxicab by a driver whose taxicab driver's license has been suspended, cancelled or revoked. -J. J 81 i, , Taxicab Bv-Iaw No. Page 31 133 No person shall operate a taxicab or permit the operation of a taxicab in respect of which the taxicab plate license has been suspended, cancelled or revoked. 134 No person shall operate a brokerage in respect of which the brokerage license has been suspended, cancelled or revoked. PART XIV - APPEALS Appeal Rights 135 Applicants may appeal a licensing officer's refusal to issue a license. 136 A person whose name has been removed from the plate eligibility list pursuant to subsection 78(8) may appeal the decision. 137 A driver whose taxicab driver's license has been suspended or revoked pursuant to section 122 may appeal the decision. 138 A taxicab plate licensee whose taxicab plate license has been suspended or revoked pursuant to section 124 may appeal the decision. 139 Persons to whom an order under section 116 has been directed may appeal the order. Filing of Appeal 140 All appeals must be submitted to the City Clerk within fourteen (14) days of the date of the decision or order being appealed. 141 All appeals shall be in writing and shall include, (a) the reason(s) for the appeal; (b) an identification of the appellant and any other party; (c) the name of any agent, representative or lawyer representing the applicant; (d) the municipal addresses, telephone numbers, facsimile numbers and email addresses for each person identified in clauses (b) and (c); and (e) the appeal fee set out in Schedule 1. Effect of Appeal 142 Until such time as Council has made a decision respecting the appeal, the decision or order being appealed shall be stayed. .I. 8('1 J. (., Taxicab Bv-Iaw No. Page 32 Hearing 143 The Taxicab Advisory Committee shall hear all appeals under this by-law. 144 Upon receipt of an appeal, the City Clerk shall, as soon as is practicable, notify the appellant and all other parties of the date, time and location of the hearing. 145 All hearings before the Taxicab Advisory Committee shall be conducted in accordance with Rules of Procedure approved by Council. 146 Following a hearing, the Taxicab Advisory Committee shall, as soon as is practicable, make a written recommendation to Council with reasons, after which Council shall make its decision. 147 If an appellant fails to appear at a hearing, the decision or order appealed shall be deemed to be in full force and effect as if no appeal had been filed. Council Powers 148 On an appeal, Council may make any decision that the licensing officer could have made and may make its decision subject to such conditions as it considers advisable. 149 When making its decision on appeals, Council shall have regard to the following matters (where applicable): (a) the purposes of this by-law as set out in Part II; (b) the matters set out in section 17; (c) the appellant's record of complying or not complying with any of the provisions of this by-law or any condition imposed on a license; (d) any convictions of the appellant or any outstanding charges against the appellant under any provincial or federal statute or regulation including the Criminal Code of Canada and the Controlled Drugs and Substances Act (Canada); (e) the results of any testing, training, educational or awareness program completed or not completed by the appellant; and (f) any other thing or matter that may affect the appellant's ability to hold a license. 150 The decision of Council on an appeal shall be final and binding. 151 Notice of the decision of Council shall be given to the appellant and any other person present at the hearing. 152 Council's decision shall take effect on the day that it is made. ~. 8~· J., ."f Taxicab By-law No. PaQe 33 PART XV - OFFENCES I PENALTIES 153 (1) Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and, subject to subsection (2), upon conviction is liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both. (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed on the corporation is $50,000. 154 No person shall make a false or intentionally misleading recital of fact, statement or representation in any statutory declaration, application or other document required by this by-law. PART XVI - GENERAL Plate Replacement 155 When a taxicab plate is defaced, destroyed or lost, the taxicab plate licensee shall apply to the City for a replacement and shall pay the appropriate fee under Schedule 1 within 14 calendar days of the damage, loss or destruction. 156 Where the taxicab plate is lost or destroyed, the taxicab plate licensee shall file a police report detailing the circumstances of the loss or destruction and the City shall issue a replacement plate. Compliance with Other Laws 157 In addition to every other requirement imposed by this by-law, every license is issued subject to the condition that all federal, provincial and municipal laws, by- laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to the operation of the business so licensed must be complied with. Changes 158 When a licensee changes his name or address or any information relating to his license, he shall notify the City within forty-eight (48) hours of the change and shall return the license immediately to the City for amendment. 159 Where there is to be a change in the composition of a licensed partnership, the proposed change must be registered with the City. 160 Where there is to be a change in the composition or the controlling interest of a licensed corporation, the proposed change must be registered with the City. Taxicab By-law No. 184 Page 34 Fees 161 Persons receiving a service listed in Schedule 1 shall pay the fee set out in Schedule 1 for that service. Fare Adjustments 162 The fares set out in Schedule 2 shall be reviewed annually by the Taxicab Advisory Committee to determine whether to recommend a change to Council. Notice 163 Any notice required to be given under this by-law or any order served under Part XII shall be in writing and shall be sufficiently given or served if delivered in person or sent by registered mail to the last address on file with the City. 164 Each notice given or order served shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed, as the case may be, whether or not it is actually received. Repeal 165 By-law No. 2206/86 is repealed. 166 By-law No. 6595/05 respecting fees is amended to reflect the fees set out in Schedule 1. Short Title 167 This by-law may be cited as the Taxicab Licensing By-law. Effective Date 168 This by-law shall come into effect on January 1,2007. BY-LAW read a first, second and third time and finally passed this _ day of ,2006. David Ryan, Mayor Debi A Bentley, City Clerk J.SS Taxicab By-law No. PaQe 35 SCHEDULE 1 FEES LICENSE FEES (a) Plate owner license (one year) (b) Brokerage license (one year) (c) Taxicab driver's license (two years) (d) Clean air cab plate license (one year) (e) Plate owner license - vehicle that meets the requirements of a clean air cab (one year) $ 250.00 150.00 100.00 1,000.00 (f) City plate license (one year) 125.00 2,000.00 OTHER FEES (g) Transfer of plate owner's plate $ 500.00 (h) Driver testing and training program (exclusive of CPR) 275.00 (i) First Aid/CPR Certificate 75.00 0) Filing an appeal 75.00 (k) Replacement of taxicab driver's license 20.00 (I) Replacement of taxicab plates 25.00 (m) Replacement of each tariff card/Passenger Rights & Responsibilities 10.00 (n) Change of registered vehicle 100.00 (0) Re-inspection without taxicab meter 20.00 (p) Re-inspection with taxicab meter 35.00 (q) Lease filing 50.00 (r) Late Cancellation/No Show for Inspection 15.00 (s) Plate eligibility list application (every year) 20.00 Taxicab Bv-Iaw No. i8t) Paqe 36 SCHEDULE 2 T ARIFFS/F ARES 1. 2. For the first one-eighteenth kilometer or part thereof For each additional one-eighteenth kilometer or part thereof $0.10 (incl. GST) $0.40 (incl. GST) $2.75 (incl. GST) 3. For waiting time while under engagement, per minute Taxicab By-law No. Paqe 37 3.8( SCHEDULE 3 TAXICAB PASSENGER RIGHTS AND RESPONSIBILITIES Taxicab passengers in Pickering are entitled to a professional driver who, is licensed by the City of Pickering and prominently displays his/her taxicab driver license inside the taxicab; · knows the major routes and destinations in the City; · is well-groomed, neat and clean in personal appearance; is courteous and provides assistance; provides a safe ride; knows and obeys all City by-laws and all traffic laws; offers a silent ride if desired; · takes the most direct route to the destination unless otherwise directed by the passenger; · keeps the interior of the taxicab clean and free of debris; and issues a receipt upon request noting the date and time of the trip, place of pick up, place of discharge, taxicab plate number, driver name, Provincial plate number and the fare paid. Taxicab passengers in Pickering are entitled to a quality taxicab, · in good mechanical and physical condition; · with a properly calibrated and sealed taxicab meter; · with a clean exterior, passenger area and trunk; that is heated or air conditioned on demand; and that is smoke-free. Taxicab passengers in Pickering, cannot eat, drink or smoke inside the taxicab; cannot interfere with the taxicab driver in the conduct of his/her duties; are responsible for any damage caused to the taxicab; and are required to pay the required fare. Customer compliments and/or complaints may be directed to the City's Licensing Information Line at 905.420.46110r bye-mail atbylaw@city.pickering.on.ca. 188 CiÚf 0# REPORT TO EXECUTIVE COMMITTEE Report Number: PD 41-06 Date: July 24, 2006 From: Neil Carroll Director, Planning & Development Subject: Declaring City-owned Lands Surplus Part of Commerce Street, Plan 65 (Part 1, Plan 40R-XXXXX) Authorization to Enter into Access/Parking Agreement (Part 2, Plan 40R-XXXX) (Portion of Untraveled Commerce Street, west of Front Road) File: L-4650-010 Recommendations: 1. That a By-law should be enacted to: (a) stop-up and close a part of the untraveled portion of Commerce Street, Plan 65, Pickering, being Part 1, 40R-XXXXX as public highway; (b) declare that part of the untraveled portion of Commerce Street, Plan 65, Pickering, being Part 1, 40R-XXXXX surplus to the needs of the Corporation for the purpose of sale to the north abutting owner, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy subject to any required easements; and (c) authorize the execution of all relevant documentation necessary to effect the stopping-up and closing of that portion of Commerce Street, Plan 65, Pickering, being Part 1, 40R-XXXXX as public highway and to effect the sale/conveyance of it to the north abutting owner. 2. That Council authorize staff to execute an agreement between the City and Stephen McKean (the owner of 688 Front Road) respecting vehicle access and parking on a portion of untraveled Commerce Street, Plan 65, Pickering, identified as Part 2, Plan 40R-XXXXX. Executive Summary: The City received a request from S. McKean to acquire a significant portion of Commerce Street, Plan 65, in order to merge the lands with 688 Front Road. The acquisition of the lands by McKean would rectify an encroachment of their dwelling (sited on 688 Front Road) onto untraveled Commerce Street. 18.1 Report PD 41-06 Date: July 24, 2006 Subject: Portion of Commerce Street - Proposed Sale to McKean Page 2 The City's Chief Administrative Officer (CAO), with input from staff, has determined that a minimal portion of the untraveled portion of Commerce Street could be considered surplus to the City, but that the majority of the untraveled portion of Commerce Street should remain in City ownership for future public use. The CAO is recommending that Council deem a portion of Commerce Street surplus to the needs of the City, and to stop-up and close that portion of untraveled Commerce Street to allow the lands to be sold to McKean and merged with 688 Front Road. Prior to the finalization of the land sale/conveyance, McKean is required to rectify various outstanding zoning by-law and building code compliance matters on his current property. The CAO is also prepared to enter into an agreement with McKean to recognize their use of an additional portion of the untraveled portion of Commerce Street for vehicle access and parking. Financial Implications: Preparation of Reference Plan and Appraisal Registration of Documentation/Disbursements Owner's Cost Owner's Cost Proceeds from the sale of the lands to be approximately $18,000, and annual proceeds to the City for the use of a portion of untraveled Commerce Street for vehicle access and parking to be determined. Background: The City received a request from S. McKean to purchase a significant portion of the untraveled portion of Commerce Street immediately south of the McKean property located at 688 Front Road (see Location Map, Attachment #1). This original request from McKean was made in order to resolve a long-standing encroachment issue of his dwelling onto City-owned lands and to provide for parking of McKean's vehicles. The dwelling located at 688 Front Road encroaches onto City property and McKean has historically used the City's property for parking his vehicles. Proposed Sale of Land to McKean Through staff's review of this request, it was determined that a small north portion of untraveled Commerce Street could be conveyed to McKean to rectify the existing dwelling encroachment. The City would retain the remainder of the property for future possible public use and maintenance access to the north portion of Progress Frenchman's Bay East Park and existing stormwater management infrastructure. It was further determined that existing natural areas and features on the lands must remain in public ownership. .,' n'1 .i.Ju Report PD 41-06 Date: July 24, 2006 Subject: Portion of Commerce Street - Proposed Sale to McKean Page 3 It is recommended that the City deem surplus, for the purpose of sale to McKean, a small north portion of the untraveled portion of Commerce Street, being Part 1, Plan 40R-XXXXX (see Draft Reference Plan, Attachment #2) to merge with 688 Front Road The appropriate notices have been published in accordance with the provisions of the Municipal Act and the City's Notification By-law relating to the stopping-up and closing of a portion of highway and there have been no objections. The CAO provided an update to Council respecting this matter, and recommended terms and conditions of the proposed sale, at the May 8,2006 Council Meeting. It was confirmed by Council that prior to finalizing the sale/conveyance of the subject lands, that McKean is required to: 1 . Obtain relief from the applicable zoning by-law concerning zoning non-compliances on the resultant lands (688 Front Road); 2. Rectify building code deficiencies on the north exterior wall; 3. Install a fence along portions of the resultant south property line of 688 Front Road to the satisfaction of the City; and 4. Satisfy the City respecting the provision of vehicle parking for 688 Front Road. Vehicle Parkinq It would be appropriate for the City to enter into an agreement with McKean to allow for vehicle access and parking on a portion of untraveled Commerce Street that has historically been utilized for this purpose. The proposed agreement would, among other things, identify the specific lands permitted to be used for vehicle access and parking being Part 2, Plan 40R-XXXXX (see Draft Reference Plan, Attachment #2) and would require McKean to maintain the land and indemnify the City of all liability associated with its use. The proposed parking arrangement would be reviewed on an annual basis and could be terminated if necessary. Compensation and benefits to the City in support of this proposed arrangement are to be negotiated, and would also be reviewed on an annual basis. Required Fencinq Should Council authorize staff to proceed with the sale/conveyance of Part 1, Plan 40R-XXXXX and permit associated vehicle parking on Part 2, Plan 40R-XXXXX, the CAO would require McKean to satisfy the City respecting the installation of an appropriate architecturally-coordinated fence along portions of the resultant south property line. The proposed fence would generally demarcate the resultant lands owned and/or used by McKean from those City-owned lands not accessible to him. ~_ 91 Report PD 41-06 Date: July 24, 2006 Subject: Portion of Commerce Street - Proposed Sale to McKean Page 4 Attachments: 1 . Location Map 2. Draft Reference Plan 40R-XXXXX 3. Draft Stop-up and Close By-law Prepared By: Approved I Endorsed By: (, ...,......-, ye, pervisor, evelopment Services DB:RT:bg Attachments Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of Pickering C· y Council .' "" ATTACHMENT,' , TO REP(JR1 # pO.~k_.._. .' 9,", - I ' WATER POINT STREET PART 1 40R-XXXXX COMMERCE STREET FRENCHMAN'S SA Y City of Pickering Planning & Development Department PROPERlY DESCRIPTION PART OF COMMERCE STREET, PLAN 65, BEING PARTS 1 & 2 40R-XXXXX OWNER CITY OF PICKERING FILE No. L 4650-010 DATE JULY 4, 2006 SCALE 1:1000 l' DRAWN BY JB CHECKED BY DB Q 0 ourc..: T.ronet Enterprises Inc. and ita suppliers. All right. R...rved. Not 0 pion of .urvey. 2005 MPAC and Its suppliers. All ri hto R.s.rved. Not a pion of Survey. PN-3 , 9-'1 1. ,I .""\ ATTACHMENl # oJ- TO REPOR111 PD---f:/-l - rJ l¿" PlAN OF SURVEY OF PART OF COMMERCE STREET REGISTERED PLAN No. 65 CITY OF PICKERING REGIONAL MUNICIPALITY OF DURHAt.4 ~ ~N~~ETO BE PLAN 40R LANO TITLES N:;f, RECEI\'EO AND DEPOSIlED ~T£ _ ~~ 3~, .20C?6 . ~T£ _ . . . . , . . _ - . . . . . . . . . ... SCALE RATIO to 250 1"- CRYSTAl. CRANCH ONTARIO lAND SUIM:YOR . . . . . . . . ... lAND REGISTRAR FOR THE LAND TITLES DMSION OF DURtw.I ( NO. 40 ) SCHEDULE PW¡ PIN ~ ~ 0, ~ ~ ~ ("" PART 2 PLAN 40ft - 11654 . 11"4I'OØ't (I¡Q PART I 2 lOT IVAN B. WALLACE O.L,S. LTD. PART Of' COIotIotEJIC[ SIRŒT II£OISÆ:RED PVH Ho.I6 PART Of 2eJ18-oe711 o , .... -...tu.- ... .. ..... 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Thll .urve)' and pion ore conect and In accordance with the Survaye Act. tho Survayora Act. tha Land 1ItIoa Act and tha nogulotlona mode undor tham, 2. Tho .urvay WOI complot-.l on r.bnKIty 7. 2008, May 31, 2006 Õot~ ' . . ' , . ' , . . CrŸotõl érancIÏ . Ontario Land Survayor /' - IVAN B. WALLACE ONTARIO I.ANO SUR'lEYOR LlD, 88 KJN(¡ STRŒT fAST IIO\YIWMUL . ONTARIO LIC 3X2 Tllephone 1Iœ-82J-22œ WhItby Qœ-888-M8J focalmlla 1Iœ-82J-Oð12 Prooct No 0-70ð6B -... NS -... þJ/CC ......, IAay 31. 2008 ~ ..~:'\ ~ \..0 OC(CII/) I" ., I.. "k': Tr·"!. 1/ 3 TO ,.. .,~. II···,L·.') Jcií f P(J, 4i - 0(a __c_ THE CORPORATION OF THE CITY OF PICKERING 194 BY-LAW NO. "IAPr Being a By-law to stop-up and close that part of Commerce Street, Plan 65, being Part 1, Plan 40R- as public highway and authorize the sale of the land to the abutting owner and, to authorize the execution of an Agreement respecting the use of City-owned lands by the adjacent owner for parking purposes. WHEREAS, pursuant to the Municipal Act, the Council of the City may pass by-laws to stop-up a highway, or part thereof, and to authorize its sale or the sale of a part thereof; and WHEREAS, Notice of this By-law has been published for two (2) consecutive weeks in compliance with the provisions of the Municipal Act, the Acquisition and Disposal of Land Policy and Public Notification By-Law 6166/03 relating to the closing of a highway. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The following portion of highway is hereby stopped-up and closed to both vehicular and pedestrian traffic: · Commerce Street, that part of Commerce Street, Plan 65, being Part 1, Plan 40R- 2. That portion of Commerce Street, Plan 65, being Part 1, Plan 40R- is hereby deemed surplus to the needs of the Corporation and shall therefore be offered for sale to the abutting owner, subject to any required easements. 3. The Corporation of the City of Pickering shall ensure that all utility easements over any of the lands described herein are conveyed to the appropriate utility authority for nominal consideration ($2.00) 4. The Mayor, City Clerk, Director, Planning & Development and City Solicitor are authorized to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of that part of Commerce Street, Plan 65, being Part 1, Plan 40R- and to effect the conveyance of it. 5. The Mayor and City Clerk be authorized to execute an Agreement in a form satisfactory to the City Solicitor for the use of City-owned lands by the adjacent owner for parking purposes. BY-LAW read a first, second and third time and finally passed this 24th day of July, 2006. David R~ayor ~ Deb; A. Bentley. ~ L-4650-010 ., 9 't ., -.- Cilt¡ DI REPORT TO EXECUTIVE COMMITTEE Report Number: PD 42-06 Date: July 24, 2006 From: Lynda Taylor (Acting) Director, Planning & Development Subject: Request for Council's Permission to Create Lots by Land Severance D. & C. Hoover 1756 Pine Grove Avenue (Lot 7, Plan 410) City of Pickering Recommendation: 1. That the request made by Chris Karkas of Karmann Homes, on behalf of the owners D. and C. Hoover, be APPROVED, to permit the division of lands (being Lot 7, Plan 410, municipally known as 1756 Pine Grove Avenue) by land severance rather than by draft plan of subdivision for a future residential development. Executive Summary: The subject property is approximately 0.24 hectares in area, abuts Hogarth Street to the north and currently fronts onto Pine Grove Avenue to the east. The property is located within the Highbush Neighbourhood, and is designated Urban Residential Areas - Low Density Areas in the City of Pickering Official Plan. The applicant has submitted applications to the Region of Durham Land Division Committee to sever four lots while retaining a fifth lot having an existing dwelling from the subject lands, scheduled to be heard on August 14, 2006. A location map, and the conceptual site plan illustrating the applicant's proposed severances are included as Attachments #1 and #2 to this Report. A subdivision plan is usually required to develop lands divisible into more than three additional lots. However, Council may authorize use of the land severance process, where a subdivision plan is inappropriate or unnecessary. Since the subject lands have the potential to be divided into more than three additional building lots, the applicant must obtain permission from Pickering Council to allow the proposed lots to be created by land severance rather than a draft plan of subdivision. It is recommended that the applicant's request to develop the subject lands by land severance be approved, as all requirements of the City can be appropriately addressed through conditions of severance approval. Financial Implications: No direct costs to the City are anticipated as a result of this authorization to develop by land severance. Report PD 42-06 Date: July 24, 2006 -' I' - 1 ,) Subject: Request for Council's Permission to Develop Lands by Land Severance Page 2 1.0 Backaround: 1.1 The applicant submitted the required Land Severance applications The applicant submitted Land Severance Applications to the Region of Durham Land Division Committee (LD 118/06 to LD 121/06), proposing to sever four vacant parcels, while retaining a fifth residential parcel having an existing dwelling (see Attachment #1 - Location Map and Attachment #2 - Applicant's Submitted Plan). The proposed severed parcels and proposed retained parcel are designated Urban Residential Areas - Low Density Areas in the Highbush Neighbourhood. The five proposed severed parcels would have lot frontages ranging between 15.0 and 22.0 metres, with lot areas varying from 495 to 731 square metres. The proposed retained parcel would have a lot frontage of approximately 17.0 metres fronting Hogarth Street and would provide a lot area of approximately 562 square metres. The proposed severed parcels and proposed retained parcel would comply with the "R4" - detached dwelling zone provisions for lot frontage and lot area. Section 15.26(b) of the Pickering Official Plan requires that land that is capable of being divided into more than three additional lots be developed by a draft plan of subdivision, except where it is demonstrated to Council's satisfaction that a subdivision plan is neither appropriate nor necessary. The subject lands are capable of being divided into more than three additional lots, and therefore permission is required from Council to allow development to proceed through the land severance process. 1.2 Application to the City of Pickering's Committee of Adjustment for Minor Variance will be required to recognize the existing dwelling on the retained parcel It is our understanding the applicant proposes to have the existing detached dwelling remain on the proposed retained parcel providing an insufficient rear yard depth of 4.0 metres, whereas the Zoning By-law 2511, as amended, requires a minimum rear yard depth of 7.5 metres. An application to the Committee of Adjustment for Minor Variance would be required to bring the proposed retained parcel into compliance with the zoning by-law. 2.0 The appropriateness of the proposed Land Severances will be determined through our review of the Land Severance applications While this report recommends that the division of the subject lands proceed through Land Severance, the Planning & Development Department will reserve judgment on the appropriateness of the applicant's proposed lot configurations until such time as the detailed review of the Land Severance applications to the Region of Durham Land Division Committee occurs. , 1.9 " Report PD 42-06 Date: July 24,2006 Subject: Request for Council's Permission to Develop Lands by Land Severance Page 3 2.1 City's Interests can be addressed through Conditions of Land Severance In the event that the Land Severances are approved, the City's requirements for developing the subject lands would be addressed through recommended conditions of approval. Among other conditions, the owner will be required to enter into an appropriate development agreement with the City, to address matters typically included in subdivision agreements such as, but not limited to, above-ground and underground hardware relocation and/or installation, stormwater management, grading and drainage, road widening, access and entrances, fencing, parkland dedication, easements, and securities. It is recommended that the applicant's request to develop the subject lands by land severance be approved as no new roads are required, and as all requirements of the City can be appropriately addressed through conditions of severance approval. Attachments: 1 . Location Map 2. Applicant's Submitted Plan Prepared By: Approved I Endorsed By: -..-) '-<' (¢)i¿(JIbS Rick Cefarattl Planner II RC:ld Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City. Council ~ @ þ ~ @ @S @ þ ~ @ ~ = @ r::~ ATTACHMENT#-LTOREPORT#fb 4~ o o o w -:;: I ~r- f-S~ r- r- V.)-- STREET ~~~, C ~ Yi l,J /'\- ,------J9ìi'T¡'^R rrY\- W I- -\ « BRIMWOOD- ~: r1l ~T1 ~oL 1/~""õo¥Y ,[1 ~ D-?Iv~ Ií w a:: u COPLEY STREET 1-- ~- ~- w a:: u- - - - w :) z w > « w ~ a:: o PROHILL ST. ~t9:3 'w :) Z W ~ z a:: ::J OJ ~ « o - ¡..::== 1-- :;: w > o o o :;: I- i:i. ll: IV I- SECORD w ~ u I I- STREET I l o o o :;: ~ u 01 a::J w > o a:: '-' I I I UFlõ I~ I I T ~/ '-- TvfflJ w > IX o ~ I I THICKET / II (~ t::: ~ CRESCENT - - - - f--- w -~ -~ I I I --.., r--- '-- .--1 City of Pickering Planning & Development Department PROPERTY DESCRIPTION LOT 7, PLAN 410, 1756 PINE GROVE AVENUE _g~llf- CRESCENT WEST LANE ) I II == -II - ->- -~ --.J -~ - - - ( - I I I I SUBJECT PROPERTY -.,..... TWYN I 11 I I RIVERS I I I I I I . \" ~ -\ \ ~ . , . ~ . .~ . OWNER D. & C. HOOVER FILE No. LD 118/06 TO LD 121/06 If\a}:r~~~(CË~~erpri... Inc. and it. aupplier.. All riOht. R..erved. Not D plan of .urvey. ¡;::; 2005 MPAC end it. suppliers. All riõhta Reserved. Not c plan of Surv'ev. I t- C,N,R, ...... DRIVE DATE JULY 12, 2006 SCALE 1:5000 DRAWN BY JB CHECKED BY RC l' PN-3 \TTACHMENT # ~_. TO REPORT # fb ~z.-ob ~ ~)J ..;¡ ~. . INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN D. AND C. HOOVER LD 118/06 TO LD 121/06 "-- / HOGARTH STREET LANDS TO BE RETAINED W LANDS LANDS LANDS LANDS ::::) TO BE TO BE TO BE TO BE SEVERED Z E SEVERED SEVERED SEVERED EXISTING W ..; DWELLING '" > <C 17 m W > 0 0::::: I C) ---- ---- EXISTING ---- I RESIDENTIAL W -- Z -- - -- D- -- -- -- --- --- --- --- --- --- - - CANADIAN N. - 'AnON RIAL WA YS l' FULL SCALE: COPIE:S OF THE: APPLICANT'S SUBMITTE:O PlAN ARE: AVAIlABLE: FOR VIEWiNG AT THE: CITY OF PICKE:RING PlANNING '" OE:VE:LOPI./E:NT OE:PARTl./E:NT. THIS !.lAP WAS PROOUCE:O BY THE: CITY OF PICKE:RING PlANNING '" OE:VE:LOPI./E:NT OE:PARTl./E:NT. INFORI./ATION '" SUPPORT SE:RVlCE:S, JUL Y 12, 2006, CitJ¡ (J~ REPORT TO EXECUTIVE COMMITTEE n.' .' ¡..., \,J , I Report Number: OES 26-06 Date: July 24, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Supply and Delivery of One (1) Multipurpose Single Person Refuse Packer - Q-42-2006 - File: A-2130 Recommendation: 1. That Report OES 26-06 regarding the Supply and Delivery of a Multipurpose Single Person Refuse Packer be received; and 2. That Quotation No. Q-42-2006 submitted by Haul-All Equipment Ltd. for the supply and delivery of a Multipurpose Single Person Refuse Packer in the amount of $103,445.00 (GST and PST extra), be accepted; and 3. That the total gross purchase cost of $117,927.30 and a net purchase cost of $111,720.60, be approved; and 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of; a) Debt financing not to exceed the amount of $110,000 for a period not to exceed five (5) years at a rate to be determined; be approved and that the balance of approximately $1,720 plus financing costs be financed from current funds; and b) That annual repayment charges in the amount of approximately $25,300 be included in the annual current budget for the City of Pickering commencing in 2007 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2006 as established by the Province for municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That staff at the City of Pickering be given the authority to give effect thereto. ') f) Î.ì ,,' \, Report OES 26-06 Date: July 24, 2006 Subject: Supply and Delivery of One (1) Multipurpose Single Person Refuse Packer - Q-42-2006 Page 2 Executive Summary: Not Applicable Financial Implications: 1. Approved Source of Funds 2006 Capital Budget Debt (5 years) Project Code 5780.0602.6158 Total Approved Funds Amount $110,000.00 $110,000.00 2. Estimated Project Costing Summary Q-42-2006 Multipurpose Single Person Refuse Packer $103.445.00 $103,445.00 6,206.70 8,275.60 $117,927.30 (6,206.70) $111,720.60 Sub Total G.S.T. P.S.T. Total Gross Purchase Cost G.S.T. Rebate Total Net Purchase Cost 3. Project Cost (under) over Approved Funds $1,720.60 I The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditures contained in this report and concurs. Background: The purchase of a Multipurpose Single Person Refuse Packer was approved by Council in the 2006 Capital Budget. Based on market research and the proficiency of the City's current refuse packer, the Supervisor, Fleet Operations, submitted specifications for a Haul-All Model M-14 Packer Body mounted on a 19,000 GVWR conventional cab and chassis to Supply & Services. Two (2) Haul-All vendors were invited to participate in the bidding process of which both have responded. Upon CORP0227-07/01 revised r:, ¡. , Report DES 26-06 Date: July 24, 2006 Subject: Supply and Delivery of One (1) Multipurpose Single Person Refuse Packer - Q-42-2006 Page 3 careful examination of quotations received by Supply & Services, it has been determined that the low bid submitted by Haul-All Equipment Ltd. conforms to the specifications. The Operations & Emergency Services Department, Municipal Property & Engineering Division recommends the acceptance of quotation Q-42-2006 submitted by Haul-All Equipment Ltd. in the amount of $103,445.00 (GST and PST extra) and that the total net purchase cost of $111,720.60 be approved. This report has been prepared in conjunction with the Manager, Supply & Services who concurs with the foregoing. Attachments: 1. Supply & Services Memorandum Prepared By: ~Zz ' ",' . /'}..L '1 ~"'Graït mith Suprrvisor, Fleet Operations Evere unts a Director, Operations & Emergency Services " ~<~\'-7 ~Vera A Felgemacher Manager, Supply & Services "-LL k ¡iii A Paterson JU Director, Corporate Services GS Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering Cit~ ounci! '/ CORP0227-07/01 revised I;,i '¡" !\' / -,".1-, ¡;,..r.9~PORATE SERVICES DEPARTMENT , OR . t¡ ÒëS" 2t. -(J (0 L_ MEMORANDUM RECEIVED JUL 4 2006 ,,'!,IJ ' ,:.', ,_ \ 't,- CITY OF PICKERING MuNICIP'Al PROP'ERTY & ENGINEERING July 4,2006 To: Richard Holborn Division Head, Municipal Property & Engineering From: Bob Kuzma Senior Purchasing Analyst Subject: Quotation No. Q-42-2006, Supply & Delivery of One (1) Multipurpose Single Person Refuse Packer Closing: Tuesday, July 4, 2006 Quotations have been received for the above project. Two (2) companies were invited to participate of which two (2) responded. Quotations shall be irrevocable for 60 days after the official closing date and time. Copies of the quotations are attached for your review along with the summary of costs. Each line item provides a space for the vendor to indicate a "Yes, No, Specify" to provide the City with information and details to subjectively review each line item and the sum total of all specifications. Specifications Item 3 states where a bidder deviates from the quotation specifications, they must indicate "NO" and then specify the changes, The acceptance of these deviations relies solely within the discretion of the City, The quotation submitted by Haul-All Equipment Ltd. in the total amount of $117,927.30 is the low quotation, subject to further evaluation of the vehicles conformance to specification. Haul-All Equipment Ltd, has included an alternate bid on the pricing page, this bid cannot be considered, as Haul-All Equipment Ltd. has not included specifications in regard to the alternate bid as required per Specifications Item 2 and 3. Also, quotation document Q-42-2006 does not provide for the inclusion of alternate bids. Summary Q-42-2006 Vendor Amount G.S.T. P.S.T. Total Haul-All Equipment Ltd. $103,445.00 $6,206.70 $8,275.60 $117,927.30 self-assessed VQuip Inc. $105,886.50 $6,353.19 $8,470.92 $120,710.61 - ACht·1Et\rl #__..L-- TO REPORT# Q-42-2006, Supply & Delivery of ._~.2,¡_ of . 2.,¿ One (1) Multipurpose Single Person Refuse Packer (JES Z(.,-() Ç;, July 4, 2006 Page 2 no 1.. /.. L 10,1 In accordance with Purchasing Policy Item 04.05 revised, an award exceeding $81,000 is subject to Council approval. Include in your report to Council: 1. the appropriate account number(s) to which this work is to be charged and the budget amount(s) assigned thereto 2. Treasurer's confirmation of funding 3. related departmental approvals 4. any reason(s) why the low bid of Haul-All Equipment Ltd. is not acceptable, and 5. related comments specific to the project Bidders will be advised of the outcome. Please do not disclose pricing to enquiring bidders. Subject to Council approval, an approved "on-line" requisition will also be required to proceed. If you require further information or assistance during the evaluation phase of this quotation call, contact me at extension 2131. /bk Attachments / ')- It./, '_ f.·.. J Ciú¡ o~ REPORT TO EXECUTIVE COMMITTEE Report Number: OES 28-06 Date: July 24, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Three -Proposed Pickering Project - File: A-2130 Recommendation: 1. That Report to Council OES 28-06 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Intake Three be received; and 2. That the Corporation of the City of Pickering participates in COMRIF Intake Three through the submission of an application by the application deadline of September 13,2006; and 3. a) That the City of Pickering's participation in COMRIF Intake Three shall consist of an undertaking of a bridge deck replacement program, at a total estimated cost of $765,000 and a net estimated City cost of $255,000, at the following locations as its highest priority . Palmer Bridge . Michell Bridge as provided for and approved in the 2005 and 2006 Capital Budgets; and 4. That staff be given authority to prepare and submit the necessary documentation for the on-line application including a resolution by Council; and 5. The appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: The Federal and Provincial Governments announced a new funding program (COMRIF) for infrastructure renewal for municipalities with a population of less than 250,000. The City applied for and received COMRIF Intake One funding for the Bulmer Bridge and the Reesor Creek Bridge deck replacements. The City applied for and received COMRIF Intake Two funding for the reconstruction of the bridge on Sandy Beach Road south of Parkham Crescent. The governments of Canada and Ontario announced the launch of COMRIF Intake Three on June 20, 2006. The City should also apply for a project meeting the criteria for Intake Three by the deadline date of September 20r Report OES 28-06 Date: July 24, 2006 Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Three Proposed Pickering Project Page 2 13, 2006, subject to a Council Resolution. Report OES 28-06 briefly discusses the details of the program and recommends a project for Council's approval. Staff recommend that Council approve a project consisting of two bridge deck replacements for Palmer Bridge and Michell Bridge at an estimated cost of $765,000, both of which were included and approved in the 2005 and 2006 Capital Budgets. Municipalities can submit only one application. The recommended projects were part of the Intake One application but did not receive COMRIF funding approval. This project meets the criteria for Intake Three. Financial Implications: Under COMRIF, the Governments of Canada and Ontario have each committed up to $298 million. With municipal contributions, this program is expected to generate approximately $900 million in infrastructure investment needs, over the proposed three "Intakes". Intake Three provides for the remaining 16%, or $93 million of federal provincial funding available which will result in $139 million of infrastructure investment. Municipalities that apply to COMRIF are in competition for project and funding approval. The City of Pickering's project consisting of two bridge deck replacements is estimated at $765,000 of which, if approved for funding, Pickering's share would be $255,000 representing one third of the cost of the project which would be financed through the issuance of debt and capital paid from property taxes. These projects were approved in the 2005 and 2006 Capital Budgets in anticipation of approval during COMRIF Intake One Two, or Three. These projects were not accepted for Intake One funding but can be applied for again in Intake Three. Due to construction cost increases, especially for bridge projects, the cost estimate was revised and additional funds were included in the 2006 budget. A further report will be submitted to Council once the results of the application are known and tender costs have been received as costs and debt financing for the City's share must be approved by Council. Background: On November 15, 2004, the Federal and Provincial Governments and the Association of Municipalities of Ontario (AMO) announced the $900 million Canada- Ontario Municipal Rural Infrastructure Fund (COMRIF). This five-year program of infrastructure renewal has been made available to small urban and rural communities with a population of less than 250,000. Each partner (federal, provincial and local municipality applicant) will share the cost of the project equally at one third each. COMRIF is a five-year program that has been divided into three intakes. The first intake, November 2004, had an application deadline of January 10, 2005. Intake Two was announced on June 16,2005 and had a application deadline of September 30,2005, and Intake Three was announced on June 20, 2006 and has an application deadline of September 13, 2006. All projects will have to be completed by March 31, 2009. Eligible (~O 7 {..' Report OES 28-06 Date: July 24, 2006 Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Three Proposed Pickering Project Page 3 municipalities can submit only one application per intake. This report responds to the criteria set for Intake Three. The focus for COMRIF Intake Three is the same as Intake One and Intake Two, namely infrastructure renewal and improvements in the following areas: i. Water ii. Wastewater iii. Local bridges and roads iv. Solid waste management As for Intakes One and Two, the criteria for project selection are health and safety, public policy priorities and value for money. Projects must be supportive of federal and provincial policy directions such as, reducing greenhouse gases, sustainable water and sewage systems, economic development and increased waste diversion. Successful applicants will be required to enter into a Contribution Agreement with the Province of Ontario. This is consistent with the requirements of the COMRIF agreement. Costs that will be eligible for COMRIF funding must be directly related to the project and incurred after the signing of the COMRIF agreement. Proposed City of Pickering Project: During the 2006 budget preparation, staff from the Operations & Emergency Services Department met with the Chief Administrative Officer to discuss potential projects that were a best fit for the criteria and priorities established by COMRIF in anticipation of Intake Three. It was decided that a project consisting of two bridge deck replacements at a total cost of approximately $765,000 would be considered as most of the funds were approved in the 2005 budget and only an incremental increase would be required for the 2006 budget. In February 2004, the City received the results of four bridge deck condition surveys that were undertaken by Totten Sims Hubicki (TSH) in the Fall of 2003 for the Palmer and Michell bridges. The bridges referred to in this report are discussed in detail below. Palmer Bridqe Over Duffins Creek A Bridge Deck Condition Survey was carried out in October 2003. The Palmer Bridge is located on Valley Farm Road, 0.4 km north of Finch Avenue in the City of Pickering. The existing Palmer Bridge, which was constructed about 1965 over the Duffins Creek, is a 24.4 m single span precast concrete girder bridge with a concrete deck and an asphalt wearing surface. The bridge deck is supported on seven lines of precast concrete girders, which are supported on concrete abutments constructed normal to the roadway alignment. Based on the results of the inspection and resting program of the Palmer Bridge, it is recommended that the existing asphalt wearing surface, concrete deck, concrete curbs and handrail system be removed and replaced. A new concrete sidewalk should be (') r' " 1-.. : Report OES 28-06 Date: July 24, 2006 Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Three Proposed Pickering Project Page 4 constructed along the east side of the deck. The deck joints should be eliminated at the abutment walls and the walls restored. New guide rail eccentric loader end treatments should be installed to all quadrants of the structure. The asphalt road approaches should be adjusted to the new deck profile and rock protection on the southeast embankment is required. The estimated costs to undertake this work and extend the service life of the structure by 15 to 20 years is $490,000. The detail design for the rehabilitation work and all the necessary approvals would have to be completed prior to tendering this project. Michell Bridqe Over Reesor Creek A Bridge Condition Survey was carried out in November 2003. The Michell Bridge is located on the Seventh Concession Road, 0.80 km west of Sideline 32 in the City of Pickering. The existing Michell Bridge, which was constructed about 1962 over the Reesor Creek, is 15.2 m single span concrete rigid frame bridge with a concrete deck and a gravel wearing surface. The concrete deck is supported on concrete abutments constructed at 30 degrees to the roadway alignment. Based on the results of the inspection and testing program of the Michell Bridge, it is recommended that the existing gravel wearing surface, granular base, concrete and handrail systems be removed and replaced. The existing concrete deck needs to be removed and replaced. The new deck will also require waterproofing and asphalt pavement. The concrete deck soffit, retaining walls and wingwalls are to be rehabilitated. The road approaches should be adjusted to match the new deck profile. A new steel beam guide rail with end treatments should be connected to the new concrete parapet walls. The estimated costs to undertake this work and extend the service life of the structure by 15 to 20 years is $275,000. The detail design for the rehabilitation work and all the necessary approvals would have to be completed prior to tendering this project. Application Process: The COMRIF application is an "on-line" process that staff will undertake after direction from Council is received. One of the components to the application is a Council resolution endorsing the project as the municipality's highest priority. Attachments: 1. Location Maps (2) 209 Report OES 28-06 Date: July 24, 2006 Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Three Proposed Pickering Project Page 5 arrell Selsky, CET Supervisor, Engineering & RH:ds Attachments 80py: Chief Administrative Officer Approved I Endorsed By: Recommended for the consideration Pickering Sfity cil II 1/ ,,;;,¡TAO"¡(VíEN j t J , , lJES 2. ~-o<o ~< J.I,J RIVE ¡¡ -! o HYDRO LE ~ W -! TSHE Ü cr NE Ü ST. LlNWOO FERNCLlF Q 0 0 3: Q W II:: PARKDALE J ANTON BLOOMFIELD ~ COURT CJ r.r o o r.r r.r o ü r ~D Wu o <{ o 0 o cr -! LAN o <{ o cr o <{ o cr [!] ~ cr Lt o r.r o >- I SQUARE CRESCENT OPERA nONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION o COMRIF INTAKE THREE BRIDGE DECK REPLACEMENT PALMER BRIDGE No. 11 SCAIL: PlOT DA'I!: N.T,S. JULY 19/2006 L'\IIPandé\Th.matic Mapping\Ma".\MPtJ:é - éngi_ng\Attach",."t for R~rl\2004\2004 é-R.parl-05.drrg SEVENTH u. CONC. a MICHELL BRIDGE No. 24 / , ¡\EPORl~ ðE.~ o<&-D(P 211 ~ Z <CI J: ~ a a:: <C ~ W (9 Z - W -1 t!: u.. W 0 0 - I (f) ~ [t z 0 $ Z 0 I- No. 7 ~ n OPERA nONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION SCAL,£, PLOT Dl\1[: N.T,S. JULY 19/2006 COMRIF INTAKE THREE BRIDGE DECK REPLACEMENT MICHELL BRIDGE No. 24 L:\I.IPand~\Thema!ic Mappinfl\Ma".\MP4:~ - ~nfli_nfl\A!!achm.n! for Report\2004\2004 ~-R.port-(U.dwfl ~¿12 CiÚJ o~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 40-06 Date: July 24, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Establishment of Pine Creek Area Neighbourhood Watch. Recommendation: 1. That the letter from the Durham Regional Police Service dated June 20, 2006 endorsing the establishment of the Pine Creek Area Neighbourhood Watch, be received; and 2. That the Council of the Corporation of the City of Pickering hereby endorse the Pine Creek Area Neighbourhood Watch and approves the installation of Neighbourhood Watch signs at the entrances to the subject area. Executive Summary: To endorse the establishment of the Pine Creek Area Neighbourhood Watch and to direct staff to erect the Neighbourhood Watch signs at the entrances to the subject areas. Financial Implications: None Background: Please find attached to this Report a letter from the Durham Regional Police Service dated June 20, 2006 advising of their endorsement of the Pine Creek Area Neighbourhood Watch. A map of the areas served for this Neighbourhood Watch location is attached to the letter from the Durham Regional Police Service. By endorsing this Neighbourhood Watch request, Council is giving permission to the installation of three signs to be placed at the entrances to the subject area. The Neighbourhood Watch will purchase the signs, however, City staff will undertake the installation. 213 Report CS 40-06 Date: July 24, 2006 Subject: Establishment of Pine Creek Area Neighbourhood Watch Page 2 Attachment: 1. Correspondence from Durham Regional Police Service Prepared By: Approved/Endorsed By: Debi A. Bentley City Clerk DB:lb Attachment Copy: Chief Administrative Officer Director, Operations & Emergency Services ,,, (ATTACHMENT' I m REPORT' C~ t -ok DURHAM REGIONAL PO~ Leaders in Community Safety 214 p,o, BOX 911,650 ROSSLAND ROAD WEST, WHITBY, ONTARIO, L 1N OB8 Oshawa (905) 579-1520 1-888-57!~-1520 Toronto (905) 683-9100 Fax (905) 721-4291 · Vern White - Chief of Police · Chuck Mel"cier - Deputy Chief of Police · Mike Ewles - Deputy Chief of Police Tuesday, June 20, 2006 ~"'\' Ms. Debi Bentley, Clerk City of Pickering, I The Esplanade PICKERING, Ontario LJV 6K7 To the Governing Municipal Body: RE: THE IMPLEMENTA TlON OF A COMMUNITY NEIGHBOURHOOD WA TCH "Pine Creek Area Nei!!:hbourhood Watch. Pickerinl!" Through the implementation of Crime Prevention Programs, dedicated community volunteers work with police to help reduce crime in their communities. One such "Citizen Involved" Crime Prevention Program is Neighbourhood Watch. It is a program that employs an elegantly simple technique of"neighbours looking out for neighbours" to reduce threats of crime against potential victims. This letter is to introduce you to a group of concerned citizens who want to be involved in this program. Through persistence, devotion and hard work, these people have made an honourable effort to fonn a Neighbourhood Watch within their community. They have met all criteria as set out in the Durham Regional Police Service "Neighbourhood Watch Guidelines" and have received an unprecedented commitment from their fellow neighbours of 95% participation. In so doing, they have demonstrated their understanding that Crime Prevention is not just a job for a few professionals. Rather, the attitude and involv~~ment of these citizens proves their genuine concern to work together to make our community a better place to live. The Durham Regional Police Service endorses this new organization as an official Community Neighbourhood Watch. It is recommended that they be granted pennission to erect approved Neighbourhood Watch signs in their area as a crime deterrent. ~~Ä P.C. Dave Morton Regional Community Services & Crime Prevention Coordinator Cc: Council\ors Doug Dickerson & Bill McLean, Ward 2 Ms. Shawna Mutton, Coordinator, Community Capacity Building Mr. John Hannah, Supt Municipal Operations Insp. Jim Douglass & S/Sgt Mitch Colling, DRPS Ajax-Pickering 'I, ! ::~~~iti3~ L-_{1IDJ-r.-~OUC~;TARE ~) w ~:J¡2 L~Ri~~~~~ln ~1 I------¡ 195,3 LYDIA '" 11111 rn14~r6 ~ 15i 11j5 11J9 161¡8 1 -~ 11238 122~',' IT9481 1951 P4RK" - r,", Ii' 0 I I li -r, -I hn 1 1~ ~ I . , t: It:: L 19'607 ~~ I '¡ 12361 f- -- f . 19491 \ -, .: 1121 ~ -I 1 / /:'t~ / -~ MUUv1Efi! 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Paterson Director, Corporate Services & Treasurer Subject: Heritage Permit Applications - Submission under the Ontario Heritage Act Recommendation: 1. That Report CS 41-06 of the Director, Corporate Services & Treasurer be received; 2. That the processing of Heritage Permit Applications, as outlined in this report be approved; and 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: Due to recent requests, it has become apparent that a formal process and application form(s) is required to be implemented in order to facilitate the processing of requests for alterations, additions or demolition of heritage buildings and/or alteration, addition, demolition or erection of a building in a Heritage Conservation District. Financial Implications: None at this time. However, depending on the number of applications that the City receives and/or the level of complexity of the heritage request, there may be financial implications in the future if an independent consultant is required to review any subject applications. This matter will be reviewed and if deemed necessary, a further report provided in this regard. Background: The Ontario Heritage Act provides a framework within which municipalities can ensure the conservation of properties of cultural, and/or heritage value or interest. Designation of heritage properties provides a process for ensuring that their value is conserved over time. ; , ~17 Report CS 41-06 Date: July 24, 2006 Subject: Heritage Permit Applications Page 2 Alterations to Desiqnated Properties Under Section 33 of the Ontario Heritage Act no owner of property designated under Section 29 of the Act shall alter the property or permit the alteration of the property if the alteration is likely to affect the property's heritage attributes, as set out in the designation by-law. If the owner of a designated property wishes to make alterations to the property that affect the properties heritage attributes, the owner must obtain written consent from Council. This applies to the alterations of buildings or structures of the designated property, as well as other aspects of the property, such as landscape features. In order to facilitate the processing of requests, it is recommended that a formal permit application(s) be implemented, which would provide for a streamlined, cooperative process. The property owner would submit the application for the proposed work to the City Clerk and in turn, the City Clerk would forward the application for formal comments to Heritage Pickering and the Planning & Development Department. As part of this process, the Clerks Division would assign a Permit Application Number and note on the application form the property register number. Under Section 27 of the Ontario Heritage Act, the City Clerk is required to keep a register of property that is of cultural heritage value or interest. It is anticipated that the owner would receive advice and guidance from Heritage Pickering and/or municipal staff as part of this process. A permit application also ensures that the Council decision is made within the specified timeframe of the Ontario Heritage Act. Upon review of comments received, the application would then be presented to Council for direction as Council has the final authority on heritage permit applications, unless this power has been delegated to municipal staff. A flowchart outlining this process has been included as Attachment #1 to this report and provides a detailed overview of the process that the City is required to follow under the Ontario Heritage Act. Demolition or Removal of Structure As of April 2005, Council has the power under Section 34 of the Act, to prevent the demolition of a building or structure on a heritage property. If the owner of a designated property wishes to demolish or remove a building or structure, the owner must obtain written consent from Council. As noted previously with respect to the processing of requests for alterations to designated properties, it is recommended that a formal permit application also be implemented for the handling of requests for demolition or removal of a designated heritage structure. A joint Heritage Permit Application form has been developed for use under Section 33 & 34 of the Act. This again provides a formal, streamlined process for not only applicants, but also HeritaQe PickerinQ and municipal staff. Report CS 41-06 Date: July 24, 2006 (/.' 1 Q ~, u Subject: Heritage Permit Applications Page 3 A flowchart outlining this process has been included as Attachment #2 to this report and provides a detailed overview of the process that the City is required to follow under the Ontario Heritage Act. Heritaqe Conservation District Section 42 of the Ontario Heritage Act gives municipalities the power to decide whether alteration, new construction or demolition can take place within a designed Heritage Conservation District. Under the Act, property owners are not required to submit a permit for carrying out 'minor alterations' as described in the district plan or for interior alterations, except for property specifically designated under Part IV of the Act, where interior features are including within the designation by-law. Property owners wishing to demolish or remove buildings or structures on their property, or make alterations to the property are not exempted in a Heritage Conservation District and must apply to the municipality for a permit. Property owners are also required to apply for a permit before they can erect any new building or structure on the property. Each municipality can determine what information will be required on a permit application. Once a complete permit application has been received, the City must formally acknowledge receipt to the property owner and we then have 90 days to grant or refuse the permit. The municipality must consult with the Municipal Heritage Committee (ie: Heritage Pickering) before making any decision on an application in this regard. A property owner can appeal municipal council's decision to refuse a permit or to grant a permit subject to terms and conditions of the Ontario Municipal Board. As noted previously within this report, it is recommended that a formal permit application also be implemented for the handling of requests for demolition or removal of a designated heritage structure under Section 42 of the Act. This again provides a formal, streamlined process for not only applicants, but Heritage Pickering and municipal staff. In summary, the Chair of Heritage Pickering, the Director, Planning & Development and the Chief Building Official were all consulted with respect to the permit application(s) and the need for an established process to be implemented. All concurred with the approach to be taken in this regard. It should be noted that two permit applications have been developed, one for a designated heritage property under Section 33 & 34 and one under Section 42, Heritage Conservation District. Both applications have been included as Attachment #3 and #4 to this report. Attachments: 1. Flowchart for Alteration of Property under Section 33 of the Ontario Heritage Act 2. Flowchart for Demolition or Removal of Structure under Section 34 of the Ontario Heritage Act ~~ 1RJport CS 41-06 Date: July 24, 2006 Subject: Heritage Permit Applications Page 4 3. Heritage Permit Application under Section 33 and 34 of the Ontario Heritage Act 4. Heritage Permit Application under Section 42 of the Ontario Heritage Act Prepared By: Approved/Endorsed By: l Debi A. Bentley City Clerk DB:lb Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council )6 [Section 33 of the Ontario Heritage AWrACHMENT # TO REPORT # ~-ct CounciVdelegate Decision* within 90 days: Consent to application? Notice of Decision to Refuse 1 , Served on property owner 2, Published in newspaper [if CRB hearing has taken place) Property owner objection within 30 days? Property cannot be altered ) r í' .J '\ n ~j';"\ Property can be altered [in accordance with any terms and conditions) Notìce of Decision to Consent (including any terms and conditions) : 1, Served on property owner 2. Published in newspaper (if CRB hearing has taken place) Property owner objection to terms and conditions within 30 days? "- Council/delegate considers CRB Report CRB hearing and report Objection referred to CRB for hearing ~ Council/delegate considers CRB Report Notice of Decision to Consent (including any terms and conditions): 1, Served on property owner 2, Published in newspaper Notice of Decision to Refuse 1, Served on property owner 2, Published in newspaper ------ Property can be altered [in accordance with any terms and conditìons) Property cannot be altered) * Council/delegate decision final where CRB hearing has taken place ........ Designating Heritage Properties · Appendix: Flowcharts 'II ')/)11 1-.. ¡... j I I 1 ATTACHMENT # ~ [Section 34, 34.1 & 34.3 of the Ontario Heritage ct Notice of Decision to Refuse: 1 . Served on property owner 2, Served on oHT 3, Published in newspaper Property owner appeal within 30 days? Structure cannot be demolished!removed Notice of Decision to Consent (including any terms and conditions]; 1 . Served on property owner 2, Served on OHT 3, Published in newspaper ~~ Repeal or amendment of bylaw ) Structure can be demolished! removed [in accordance with any terms and conditions] Property owner appeal of"aerms and conditions . within 30 days? OMS Hearing OMS orders municipality to consent to application and specifies any terms and conditions OMS Decision: Dismiss appeal? OMS orders municipality to consent to application and specifias any terms and conditions * Failure of council to notify the owner within 90 days shall be deemed consent, Structure can be demolished! removed [in accordance with any terms and conditions] Repeal or amendment of bylaw) Designating Heritage Properties · Appendix: Flowcharts C5 ATTACHMENT # 3 TO REPORT #:fl::{;J Pickering Civic Complex One the Esplanade Pickering, Ontario Canada L 1V 6K7 Direct Access 905.420.4660 cltyo piC ering,com HERITAGE PERMIT APPLICATION UNDER THE ONTARIO HERITAGE ACT CORPORATE SERVICES DEPARTMENT Clerk's Division Division 905.420.4611 Fascimile 905.420,9685 clerks@citv, pickerinq. on, ca : J () ~; (, l. -',. i1ERj LPPLlCATION NO: The undersigned hereby applies to The Corporation of the City of Pickering pursuant to Section 33 and 34 of The Ontario Heritage Act, RSO 1990, c.18 for alteration, addition, demolition or removal of structure to the designated property described in this application. 1. NAME OF OWNER ADDRESS OF OWNER POSTAL CODE TELEPHONE NO. EMAIL: 2. LOCATION OF PROPERTY: ADDRESS: LOT NO. REGISTERED PLAN NO. 3. NAME OF AGENT (IF ANY): ADDRESS: POSTAL CODE TELEPHONE NO. 4. FULL DESCRIPTION OF ALL PROPOSED WORK .) () '") ".J .....' \...-' City of Pickering Application for Alteration or Addition to a Designated Property Page 2 5. EXISTING TOTAL FLOOR AREA: 6. EXISTING USE OF PROPERTY: 7. PROPOSED AREA OF ADDITIONS ON ALL FLOORS: 8. PROPOSED USE OF PROPERTY: 9. CONSTRUCTION DRAWINGS, SKETCH PLANS, SCALE DRAWINGS: Please attach drawings of the proposed alterations and additions. The applicant may also submit a sketch of any alterations made over a photograph. Drawings must be to scale and indicate the existing building and proposed additions, including: a) overall dimensions; b) specific sizes of building elements (signs, windows, awnings etc.) c) detail information including trim, siding, mouldings, etc. d) materials to be used 10. OTHER INFORMATION: You may provide other written information or documents supporting your proposal for the City's consideration. 11. PHOTOGRAPHS: Photographs of the building including general photos of the property, the streetscape in which the property is located, the facing streetscape, and if the property is located at an intersection, all four corners. Photos of the specific areas that may be affected by the proposed change or alteration assist the City with the review of the application. 12. PROFESSIONAL ASSISTANCE: Although it is not a requirement to obtain professional assistance in the preparation of this information, the applicant may wish to seek such assistance from an architect, architectural technologist, preservation specialist, or others familiar with the unique requirements of designated heritage buildings. 13. BUILDING CODES AND BY-LAWS: This application concerns heritage approval only. It is not a buildina permit application. It is the applicant's responsibility to apply for and obtain a building permit prior to undertaking any construction. 14. OTHER APPLICATIONS: Do you have any concurrent applications (ie: Committee of Adjustment) YES NO 15. IF YES, PLEASE LIST: TO BE COMPLETED BY CITY STAFF:: Designated Property: YES Designation By-law No: YES NO NO SIGNATURE OF OWNER(S) SIGNATURE OF AGENT Please note: Notice of Receipt will be forwarded to you by the City Clerk, Notice of Collection: Municipal Freedom of Information and Protection of Personal Privacy Act Personal Information is collected under the authority of the Planning Act, R.S,O. 1990 as amended, and will be used to assist in making a decision on this matter. All names, addresses, opinions and comments will be made available for public disclosure, Questions regarding this collection should be forwarded to the City Clerk, Civic Complex, One the Esplanade, Pickering, L 1V 6K7, 905.420.4660, ext 2153. ?9·1 HERITAGE PERMIT ATTACHMENT# If . Tn.DJ:enm:..u.4t-o APPLICATION Mill Plc~mg.. JIJ() c~ UNDER THE ONTARIO HERITAGE ACT CORPORATE SERVICES DEPARTMENT Clerk's Division Division 905.420.4611 Fascimile 905.420.9685 clerks@citV,pickerinq,on,ca ne e sp ana e Pickering, Ontario Canada L 1V 6K7 Direct Access 99905.420.4660 cltyo piC ering,com IDAlEALæI LPPUCATlON NO: The undersigned hereby applies to The Corporation of the City of Pickering pursuant to Section 42 of The Ontario Heritage Act, RSO 1990, c.18 for alteration, addition, demolition or erection of a building in a Heritage Conservation District. 1. NAME OF OWNER ADDRESS OF OWNER POSTAL CODE TELEPHONE NO. EMAIL: 2. LOCATION OF PROPERTY: ADDRESS: LOT NO. REGISTERED PLAN NO. 3. NAME OF AGENT (IF ANY): ADDRESS: POSTAL CODE TELEPHONE NO. 4. FULL DESCRIPTION OF ALL PROPOSED WORK " ( .! :,,)rM (,...;) City of Pickering Application for Alteration or Addition to a Designated Property Page 2 5. EXISTING AND PROPOSED TOTAL FLOOR AREA: 6. EXISTING USE OF PROPERTY: 7. PROPOSED USE OF PROPERTY: 8. CONSTRUCTION DRAWINGS, SKETCH PLANS, SCALE DRAWINGS: Please attach drawings of the proposed construction. The applicant may also submit a sketch of any alterations made over a photograph. Drawings must be to scale and indicate the existing building and proposed additions, including: a) overall dimensions; b) specific sizes of building elements (signs, windows, awnings etc.) c) detail information including trim, siding, mouldings, etc. d) materials to be used 10. OTHER INFORMATION: You may provide other written information or documents supporting your proposal for the City's consideration. 11. PHOTOGRAPHS: Photographs of the building including general photos of the property, the streetscape in which the property is located, the facing streetscape, and if the property is located at an intersection, all four corners. Photos of the specific areas that may be affected by the proposed change or alteration assist the City with the review of the application. 12. PROFESSIONAL ASSISTANCE: Although it is not a requirement to obtain professional assistance in the preparation of this information, the applicant may wish to seek such assistance from an architect, architectural technologist, preservation specialist, or others familiar with the unique requirements of designated heritage buildings, 13. BUILDING CODES AND BY-LAWS: This application concerns heritage approval only. It is not a buildina permit application. It is the applicant's responsibility to apply for and obtain a building permit prior to undertaking any construction. 14. OTHER APPLICATIONS: Do you have any concurrent applications (ie: Committee of Adjustment) YES NO IF YES, PLEASE LIST: SIGNATURE OF OWNER(S) SIGNATURE OF AGENT Please note: Notice of Receipt will be forwarded to you by the City Clerk. Notice of Collection: Municipal Freedom of Information and Protection of Personal Privacy Act Personal Information is collected under the authority of the Planning Act, R.S.O, 1990 as amended, and will be used to assist in making a decision on this matter. All names, addresses, opinions and comments will be made available for public disclosure. Questions regarding this collection should be forwarded to the City Clerk, Civic Complex, One the Esplanade, Pickering, L 1V 6K7, 905.420.4660, ext. 2153. Citq (]~ REPORT TO EXECUTIVE COMMITTEE () r) ~. t:. r.. h Report Number: CS 42-06 Date: July 24, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Responsible Pet Ownership By-law Final Submission Recommendation: 1. That Report CS 42-06 of the Director, Corporate Services & Treasurer be received; 2. That the draft Responsible Pet by-law, included as Attachment #3 to this report be approved; and 3. That an Animal Services Committee be established, as outlined in this report. Executive Summary: In accordance with the Municipal Act, before passing a licensing by-law, a public meeting is to be held for the purpose of soliciting comments from the public. Accordingly, a public meeting was held on Monday, June 26, 2006 with respect to the draft Responsible Pet O,wnership by-law. Financial Implications: Aside from the establishment of fees, there are no financial implications associated with this by-law. Background: By-law 6373/04, being the Cat and Dog by-law has been updated a number of times, the last revision completed in 2004. Due to the transition of Animal Services to the City of Pickering, a number of changes were required to be implemented and a new by-law was required in order to give effect to these changes. Most notably, these changes incorporated the vision and mandate of the new Animal Services Section within the Clerks Division. : ¡ I) :' {.., {.JoÍ - Report CS 42-06 Date: July 24, 2006 Subject: Responsible Pet Ownership By-law Page 2 At the public meeting held on Monday, June 26, 2006, there were no public submissions made with respect to the proposed Responsible Pet Ownership by-law. One written request for the by-law was received and comments were submitted by a resident in this regard. Staff reviewed the comments and clarified a number of questions with the resident. A number of calls were received from the public in support of the Responsible Pet Ownership by-law. Within the by-law there is the establishment of an Animal Services Committee. Upon review, staff are recommending that the Animal Services Committee be comprised of one Member of Council, two members of the public and the City Clerk. The purpose of the Committee is to govern hearings of appeal under the proposed Responsible Pet Ownership by-law. A copy of the draft Rules of Procedure related to the governing of hearings under the by-law, along with the draft guidelines governing the Hearings of Appeals has been included as Attachment #1 and #2. Due diligence has been served by City staff in ensuring that the City and its residents are governed with an acceptable Responsible Pet Ownership by-law. The draft by-law, enclosed as Attachment #3 to this report is hereby recommended for approval. Attachments: 1. Draft Rules of Procedure to Govern Hearings of Appeals under the Responsible Pet Ownership By-law 2. Draft Animal Services Committee Guidelines governing the Hearings of Appeals 3, Draft Responsible Pet Ownership by-law. Prepared By: Approved I Endorsed By: ¿/ B,u,,~ 1~ Lindsey Brenner, --- Supervisor, Animal Services Debi A. Bentley, City Clerk CORP0227-07/01 ~')Q~ ¡...,,...,ö Report CS 42-06 Date: July 24, 2006 Subject: Responsible Pet Ownership By-law Page 3 Approved I Endorsed By: Copy: Chief Administrative Officer Recommended for the consideration of Pickering q"ty Co ncil " t CORP0227-07/01 ( ) ,) " >.' (. .O' . ATTACHMENT #., Tn 0- RULES OF PROCEDURE ,.....~--,,' ':~~Q!~!!!_£S_ DEFINITIONS O~~f1 '-1-,2 - Oi: To Govern Hearings of Appeals under the Responsible Pet Ownership By-law 1. In these Rules, (a) "appeal" means an appeal brought before the Committee under the provisions of City By-law No. (b) "City" means the Corporation of the City of Pickering; and (c) "Committee" means the Animal Services Committee appointed by City Council; INTERPRETATION 2. (1 ) These Rules shall receive such fair and liberal interpretation as will best ensure the most expeditious, just and least expensive determination of every appeal on its merits. (2) Where matters are not provided for in these Rules, the Committee shall determine the practice. APPLICATION 3. (1 ) These Rules apply to all proceedings of the Committee in the exercise of its statutory power of decision, as defined in the Statutory Powers Procedure Act, RS.O. 1990, c. S.22, as amended. (2) These Rules do not apply if a statute or By-law No. provides for a different procedure to govern proceedings of the Committee in the exercise of its statutory powers of decision. PROCEDURAL ORDERS 4. (1 ) The Committee may issue procedural orders that shall govern the conduct of an appeal. (2) The Committee may, at any time during a hearing, amend any procedural order. ;,\ '" .:: \ ¡ ¡ , Page 2 (3) The Committee may, where it is satisfied that the special circumstances of the proceedings so require, vary or waive compliance with all or part of any Rule at any time by making a procedural order. (4) A procedural order shall prevail over any provision of these Rules that is inconsistent with the procedural order. (5) Subject to any procedural order issued by the Committee, the parties to a proceeding may, on consent, waive any of the provisions of these Rules. (6) A party seeking waiver of any of the provisions of these Rules shall do so on a timely basis. FAILURE TO COMPLY 5. (1) Where a party to a proceeding has not complied in full with any Rule or procedural order, the Committee may, (a) adjourn the proceeding until it is satisfied that such Rule or order has been complied with; or (b) take such other steps as it considers just and reasonable. (2) No proceeding is invalid by reason only of a defect or other irregularity in form. FlUNG 6. (1 ) Filing of any document may be effected by personal delivery, by ordinary or registered mail, or otherwise as the Committee may order. (2) Where the Committee or the City has no record of the receipt of a document alleged to have been filed, the documents shall be deemed not to have been filed, unless the Committee orders otherwise. EXHIBITS 7. All parties to a hearing, particularly solicitors and agents, shall be required to bring to the hearing a sufficient number of copies for the Committee members and opposing counsel of all documents to be entered as evidence or exhibits. ') 3 j ., Page 3 REQUEST FOR HEARING 8. Where the owner/appellant requests a hearing before the Committee, the request for hearing shall be in writing and shall include, (a) an identification of the owner/appellant and any other party; (b) the addresses, telephone numbers and, where available, facsimile number for each person identified in clause (a), and their agents, if any; and (b) the name, address, and telephone number of any agent, representative, or lawyer representing the applicant. DISCLOSURE 9. The Committee may, at any stage in an appeal, make such orders as it considers just and necessary for, (a) the exchange of documents; (b) the exchange of witness statements; (c) the provision of particulars; and (d) any other form of disclosure. HEARING DATES 10. (1) The City shall set the time and place of a hearing. (2) Once a date has been set for a hearing, it may not be adjourned except by order of the Committee. FAILURE TO ATTEND 11. Where a person is properly notified of a hearing and does not attend at the time and place appointed, the Order shall be deemed to be in full force and effect as if no appeal had been filed. ".) 3:) t.... i.",. Page 4 CONDUCT OF PROCEEDINGS 12. A hearing shall be conducted in the following order of presentation, unless the Committee directs otherwise: (a) the City may make an opening address and, subject to clause (b), shall then adduce evidence; (b) the owner/appellant may make an opening address immediately after the opening address of the City and before the City adduces any evidence; (c) when the evidence of the City is concluded, the owner/appellant may make an opening address, unless he or she has already done so pursuant to clause (b), and may then adduce his or her evidence; (d) when the presentation of the evidence of the owner/appellant is concluded, the City may adduce any proper reply evidence; (e) after all of the evidence has been adduced by all parties to the proceeding, the City may make a closing address, followed by the closing address of the owner/appellant, if he or she decides to do so; and (f) where there are two or more applicants, the order of presentation shall be as directed by the Committee. EVIDENCE BY WITNESSES 13. (1) Unless these Rules provide otherwise, witnesses at a hearing shall be examined orally and the examination may consist of direct examination, cross-examination and re-examination. (2) The Committee shall ensure that there is no undue harassment or embarrassment of the witness as he or she is giving evidence and may disallow a question put to the witness that is vexatious or irrelevant to any matter that may be properly inquired into at the hearing. (3) The Committee may at any time during a proceeding direct that a witness be recalled for further examination. (4) Where a witness appears unwilling or unable to give answers to the questions being posed, the Committee may permit the party calling the witness to examine him or her by means of leading questions. I ,") i,) Page 5 CONSIDERATIONS 14. In exerclsmg its powers to make an order, the Committee may take into consideration the following: (a) the dogs' past and present temperament and behaviour; (b) the seriousness of the injuries caused by the biting dog; (c) unusual contributing circumstances tending to justify the dogs' action; (d) the improbability that a similar attack will be repeated; (e) precautions taken by the dog owner to preclude similar attacks in the future; and (f) any other circumstances the Committee considers to be relevant. FINAL ORDER 15. Following a hearing, the Committee shall determine whether or not to exempt the owner in whole or in part from the Order. 16. The Committee shall provide its decision in writing to all parties. f) 3 4 (, .. ;l. "." rr:-pCRTtt cs ~f ,7. - ot ,,,..-.,,,,--.-" Animal Services Committee Guidelines governing the Hearings of Appeals 1. This is Hearing insert hearinq #, insert year -- under the Responsible Pet Ownership Bylaw, on insert date/year at approximately am/pm. 2. The Appellant is name , of address 3. Brief Explanation of the process: a) Where an Animal Services Officer has investigated and has reason to believe that a dog has placed a person or domestic animal at risk of physical harm, the Animal Services Officer may issue an Order to the owner of the dog. b) Where an Animal Services Officer has investigated and has reason to believe that a dog has bitten a person or domestic animal, the City may issue an Order to the owner of the dog. c) Under the Statutory Powers & Procedures Act, the owner of the dog may request a hearing to have the Order revoked d) To receive a hearing, the dog owner or the dog owner's agent must complete a written request for a hearing and have it delivered to the City Clerk within 10 business days of the Order being served. e) In the interim between the date of the Order and the date of the hearing of the appeal, the owner shall comply with the Order and the dog shall remain muzzled and/or on a lead. f) During the hearing, the Animal Services Committee must do the following: i. Establish whether the dog has placed a person or domestic animal at risk of physical harm II. Establish whether the dog has bitten a person or domestic animal iii. Establish ownership of the dog iv. Consider the circumstances surrounding the incident v. Establish the likelihood of a similar occurance happening again g) The purpose of the legislation is to ensure that animals in the community do not present a threat to the health and safety of the residents in Pickering. It us understood that all dogs have the potential to bite and that there are circumstances when dogs will bite. 4. My name is and I am appointed to act as tribunal for this hearing. '.) '3 ~.' {., .) 5. This is an informal setting and we believe that the process works more effectively this way. 6. Process: a) The city will make an opening address b) The owner/appellant will make an opening address c) The city will provide its evidence and witness information d) The appellant will then present their witness information pertaining to the matter e) The owner/appellant will be given the opportunity to ask questions of the witness(es) f) The city will make a closing address g) The owner/appellant will make a closing address 7. Following a hearing, the Committee shall determine whether or not to exempt the owner in whole or in part from the Order. 8. The committee may make the following recommendations. a) Excemption of Order b) Continuation of the Order c) Continuation of the Order with requirements (request for the dog to be assessed by a recongnized animal behaviouralist.) Order will be reviewed within 6 months after this date. 9. The Committee shall provide its decision in writing to all parties. 236 Animal Services Committee Notes Hearing Date: Hearing Number: APPELLANT INFORMATION 1. Name: 2. Address: 3. Breed of Animal: 4. Animals age at time of incident: .years Sex: Sterilized: 5. How long have you been the owner: years 6. Was the animal under lead or tether control at time of incident: 7. Other pertinent appellant information: VICTIM (OR OWNER OF VICTIM ANIMAL) 1. Name: 2. Address: 3. Human Victim: Adult/Minor: Sex: 4. Animal Victim: Species: Age: Breed: Animals age at time of incident: years Sex: Sterilized: 5. Was the victim animal under lead/tether control or confined at the time of the incident: 6. Other pertinent appellant information: "\ ? 3 !'ì1 , DETAILS OF INCIDENT 1. Date of incident: Time: 2. Location where the incident occurred: Which is: Animal's home property: Other Private Property: Victim's home property: Public Property: 3. Details of incident: 4. Description/location of injuries: 6. Medical Treatment Provided: Where: Person: Type of Treatment: DOG OR DOG OWNERS HISTORY Number of: Previous Orders: DAL/Leashing Convictions: Licence Tag Number: Other control related complaints: DECISION 1. Appeal granted: YES NO 2. Conditions/Reasons: , 3'''' ~< <S I ATTACHMENT # -3 TO REPORT # :¡¡-Io b THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. FT Being a By-law for Responsible Pet Ownership D A WHEREAS Sections 9 and 11 of the Municipal Act, 2001 authorize the City to pass a by-law to (a) regulate animals; (b) provide for a system of licences, permits, approvals or registrations respecting animals; and (c) impose conditions as a requirement of obtaining, continuing to hold or renewing a licence, permit, approval or registration; WHEREAS Section 103 of the Municipal Act, 2001 authorizes the City to pass a by-law to provide for the seizure and impounding of animals being at large or trespassing and the sale of impounded animals under certain conditions; WHEREAS Section 105 of the Municipal Act, 2001 requires Council or a Committee of Councilor an animal control officer of the City to hold a hearing to determine whether to exempt an owner in whole or in part from muzzling requirements of a dog, when so requested by the dog owner; WHEREAS Section 391 of the Municipal Act, 2001 authorizes the municipality to pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it; and WHEREAS the City of considers it necessary and expedient to pass a by-law to regulate the keeping of pets in the City. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Interpretation 1. In this by-law and in the recitals above, "animal" means a dog or a cat; "Animal Services Committee" means the Animal Services Committee appointed by City Council; "Animal Services Supervisor" means the Animal Services Supervisor employed by the City or his or her designate; ') '3 I ç.,. '\ . Page 2 "Animal Services Officer" means any employee of the City whose duties include the enforcement of this by-law and related animal legislation in the City and includes the Animal Services Supervisor; "at large" means when an animal is found in any place other than the premises of the owner and not under the control of any person; "cat" means a feline of the species felis catus; "City" means the Corporation of the City of Pickering or the geographic area of the City of Pickering as the context requires; "dog" means a canine of the species canis familiaris; "lead" means a nylon or leather strap designed to restrain the breed of animal it is controlling; "microchip" means an electronic microchip encoded with identification information that has been implanted in an animal; "muzzle" means a humane fastening or covering device of adequate strength and design, which is suitable to the breed of dog that fits over the mouth of the dog to prevent the dog from biting or attacking a person or domestic animal but does not include a haiti, gentle leader or promise collar; "Order" means an Order to Restrain issued by the City and, for purposes of sections 41, 42 and 43 includes an order issued under By-law 6373/04 or any predecessor by-law; "owner" means the owner of an animal and includes a person possessing or harbouring an animal within the City and, where the owner is a minor, the person responsible for the custody of the minor; "sterilized" means spayed, neutered, castrated or otherwise operated on by a veterinarian to prevent conception; "tag" means a disc or other shape of metal or plastic furnished by the City that bears an identification number and is suitable to be securely fixed on an animal for the purpose of identification; and "veterinarian" means a person registered under the Veterinarians Act. 2. Schedule "A" (Licence Fees, Impoundment Fees and Service Fees) is attached to and forms part of this by-law. Page 3 I. .!,,' ." Ct /. ¡ ,... .,.J 3. 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. 4. 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. 5. References in this by-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted. 6. This by-law shall be read with all changes in gender or number as the context may require. Registration 7. On or before January 31 in each year, every owner of an animal that is over the age of 12 weeks shall register the animal with the City and shall maintain the registration in good status. 8. Every person who becomes an owner at any time during the calendar year shall register the animal with the City within 15 days of becoming an owner and shall maintain the registration in good status. 9. Every owner at the time of registering the animal shall pay a licence fee to the City in the amount prescribed in Schedule "A". 10. Every animal licence issued shall expire on December 31 of the calendar year for which it was issued. 11. No owner shall provide false information when registering an animal. 12. Upon payment of the licence fee, the owner shall be provided with a tag and such tag shall be securely fixed on the animal to which it was issued at all times. 13. (1) The City shall keep a record showing the name and address of the owner and the identification number of the tag. (2) Any changes to the animal's identification, including sterilization status, shall be provided in writing to the City. I ~ 1 . ([,. \ Page 4 14. (1) Every owner shall notify the City in writing if the animal is sold, gifted or transferred to another person within 14 days of the change of ownership. (2) Every owner shall remain liable for the actions of the animal until formal written notification of sale, gift or transfer to another person is provided to the City. Minimum Animal Care Requirements 15. Every owner shall provide or cause the animal to be provided with adequate food, water and veterinary care as required to maintain the health and well-being of the animal. 16. Where an animal is customarily kept outside, the owner shall at all times provide a structurally sound area that, (a) offers shelter and appropriate protection from heat, cold and wet conditions having regard for the animal's weight and type of coat; and (b) provides sufficient space to allow the animal the ability to turn about freely and to easily sit, stand and lie in a fully extended position. 17. No owner shall keep any animal in the City tethered on a chain, rope or similar restraining device that unduly restricts the free movement of the animal. Animals Running at Large 18. No owner shall allow an animal to run at large within the limits of the City. 19. Every owner of a dog shall keep it on a lead and under the control of a person when the dog is off the premises of the owner, unless the person owning the land on which the dog is found has given prior consent. 20. Any person shall be entitled to take charge of an animal found running at large but shall forthwith deliver the animal to an Animal Services Officer. 21. Nothing in section 20 confers upon any person the right to enter any premises. Page 5 ")4') , l ~" ... Seizure and Impoundment 22. An Animal Services Officer may seize and impound any animal, (a) delivered to him or her under section 20; or (b) found running at large. 23. The City shall restore possession of an animal to its owner only where, (a) the owner claims possession of the animal; (b) the owner pays the impoundment fee set out in Schedule "A"; (c) the animal has been registered with the City; and (d) the owner pays the cost of any veterinary care received by the animal while impounded that the City deemed necessary for the well-being of the animal. 24. Where, on the sixth day, exclusive of Sundays and statutory holidays, after the date of impounding, an animal has not been returned to its owner, the Animal Services Supervisor may at his or her discretion and subject to the Animals For Research Act either (a) sell or make a gift of the animal; or (b) euthanize the animal in a humane manner, and no damage or compensation shall be recovered or recoverable on account of the animal's disposition or destruction. 25. Where an animal that has been seized and impounded is injured or should be euthanized without delay for humane reasons, or for reasons of safety to persons or animals, the Animal Services Supervisor may euthanize the animal in a humane manner as soon after seizure as he or she sees fit without permitting any person to claim possession of the animal and without offering it for sale and no damages or compensation shall be recovered or recoverable on account of the animal's destruction. 26. Where the Animal Services Supervisor deems it necessary to euthanize an animal pursuant to section 25, he or she shall first attempt to contact the owner of the animal and to permit the owner to transfer the animal, at the owner's expense, to the office of a veterinarian. 27. Any animals destroyed under this by-law shall be disposed of in such a manner the City may determine, 28. The City shall keep a record of all animals seized and impounded pursuant to this by-law. Î,; ^ '2, ~,~ Page 6 Orders to Restrain 29. The City shall investigate any dog bites and/or complaints relating to threatening or aggressive dogs that have been reported to the City. 30. Where an Animal Services Officer has investigated and has reason to believe that a dog has placed a person or domestic animal at risk of physical harm, the Animal Services Officer may issue an Order to the owner of the dog. 31. Where an Animal Services Officer has investigated and has reason to believe that a dog has bitten, attacked or otherwise acted aggressively towards a person or domestic animal, the Animal Services Officer may issue an Order to the owner of the dog, 32. (1) No Order shall be effective until the owner of the dog has been served with a copy of the Order. (2) Service shall be effected by delivering the Order personally to the owner of the dog or by leaving it for the owner at the owner's last known or usual place of abode with an inhabitant thereof who appears to be at least 16 years of age or by registered mail to the owner's last known address. (3) If service is by mail, service shall be deemed to have been effected five (5) days after mailing. 33. (1) An owner who has been served with an Order may apply to the Animal Services Committee for a hearing. (2) To receive a hearing, the dog owner or the dog owner's agent must complete a written request for a hearing and have it delivered to the City Clerk within 10 business days of the Order being served. 34. Upon receipt of a request for a hearing, the City shall, as soon as is practicable, notify the owner and any victim(s) of any attack of the date, time and location of the hearing. 35, In the interim between the date of the Order and the date of the hearing of the appeal, the owner shall comply with the Order and the dog shall remain muzzled and/or on a lead. 36. Following a hearing, the Animal Services Committee shall determine whether or not to exempt the owner in whole or in part from the Order. Page 7 (,,44 . 37. If an owner fails to appear at a hearing, the Order shall be deemed to be in full force and effect as if no appeal had been filed. 38. The decision of the Animal Services Committee shall be final and binding. 39. Where an Order has been issued and no appeal has been filed, the owner, at his or her expense, shall, (a) have the dog that is subject to the Order, (i) licensed and photographed within twenty-one (21) days of being served with the Order; (ii) microchipped within twenty-one (21) days of being served with the Order; (iii) sterilized within 4 months of being served with the Order; and (iv) enrolled in an obedience training class within 6 months of being served with the Order; and (b) restrain the dog in accordance with any written directives given by an Animal Service Officer. 40. Clauses 39(a)(ii) and (iii) shall not apply in situations where a veterinarian states, in writing, that the dog cannot be microchipped or sterilized due to health and/or medical risks to the dog. 41. No person shall fail to comply with an Order. 42. When off the premises of the owner, a dog which is the subject of an Order shall be, (a) muzzled and on a lead not longer than 2 metres in length and in a manner that restricts it from chasing, injuring or biting other domestic animals or humans as well as preventing damage to public and/or private property; and (b) under effective control of a responsible person over sixteen years of age. 43. When on the premises of the owner, a dog that is the subject of an Order shall be kept, ~/4.\ Page 8 (a) indoors in a manner that respects its environmental needs and prevents the dog from having contact with persons who have not consented to contact; or (b) outdoors in a pen or other enclosure that respects its environmental needs and prevents the dog from leaving the owner's property and from coming into contact with persons and other animals. Animal Surrender 44. An Animal Services Officer may accept the transfer of ownership of an animal from an owner to the City upon, (a) receipt of a written request from the owner accompanied by payment of the appropriate fee prescribed in Schedule "A"; (b) determination by the Animal Services Officer that the animal can reasonably be expected to be placed in a new home; (c) receipt of any other information the Animal Services Officer requests; and (d) space being available to shelter the animal. General Requirements 45. Every owner shall immediately remove excrement left by the animal on property anywhere in the City and dispose of it in a hygienic manner. 46. No owner shall allow the animal to make noises including, but not limited to, persistent barking, calling, howling, whining or crying at frequent or lengthy intervals, that are likely to disturb the inhabitants of the City. 47. (1) In this section, "dwelling unit" means a room or suite of two or more rooms designated or intended for residential use by a person or persons in which culinary and sanitary conveniences are provided for the exclusive use of such person or persons and having a private entrance from outside or from a common hallway or stairway. (2) No person residing in a dwelling unit on lands zoned residential shall keep or own more than three (3) dogs in or about the dwelling unit. Page 9 (~46 (3) No person residing in a dwelling unit on lands zoned residential shall keep or own more than four (4) cats in or about the dwelling unit. Exceptions 48. (1) In this section, "guide dog" has the same meaning as in the Blind Persons' Rights Act. (2) Section 45 shall not apply to guide dogs. 49. This by-law shall not apply to active police dogs. 50. Upon presentation of a certificate from the registering agency, the owner of a medical aid dog shall be exempted from payment of a licence fee. 51. Where the owner of an animal is a non-resident of Pickering, and his or her animal will not be kept within Pickering for a time period longer than thirty (30) consecutive days in anyone (1) calendar year, the owner shall not be required to comply with section 7. 52. Section 18 shall not apply where on the premises of any television or film studio such animals are being kept temporarily for the purpose of a television production. 53. A veterinarian shall not be considered an owner of an animal for the purpose of this by-law where the animal has been brought upon his or her premises for care or treatment. Penalties 54. Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction thereof is liable to a fine of not more than $5,000.00, exclusive of costs, which shall be recoverable under the provisions of the Provincial Offences Act and all the provisions of the said Act shall apply to any prosecution for any offence under this by-law. Short Title 55. This by-law may be cited as the Responsible Pet Ownership By-law. l) 4·/ ,,' Page 10 Repeal 56. By-law No. 6373/04 is repealed. 57. Notwithstanding section 56, any Order issued under By-law 6373/04 or any predecessor by-law shall remain in full force and effect. Effective Date 58. This by-law shall come into effect on the day of its passing. BY-LAW read a first, second and third time and finally passed this _ day of ,2006. David Ryan, Mayor Debi A. Bentley, City Clerk 2:4a Page 11 SCHEDULE "A" CA TIDOG LICENCE FEES Unsterilized dog or cat Replacement tag $35.00 $20.00 $15.00 $5.00 Unsterilized dog or cat with microchip Sterilized dog or cat Sterilized dog or cat with microchip IMPOUNDMENT FEES 15 occurrence 2n or subsequent occurrence After re ular workin hours Daily Care Fee: Every animal that is impounded is subject to an additional charge for every day or part of a day after the day the animal is brought into im oundment. $40.00 $75.00 $120.00 $15/day 15 occurrence 2n or subse uent occurrence After re ular workin hours Daily Care Fee: Every animal that is impounded is subject to an additional charge for every day or part of a day after the day the animal is brought into im oundment. In addition to the fees detailed above, every owner of a dog or cat not licensed for the current year who is a resident of the City is also required to pay the licence fees in addition to the im oundment fees $50.00 $75.00 $120.00 $15/day See Cat/Dog Licence Fees above 4,'" . , (.' ,1 Page 12 SERVICE FEES Transfer of ownership of an animal that has been taken directJ to the animal shelter Transfer of ownership of a dog, cat picked up by the Animal Services Officers, during normal working hours excludin Sunda sand holida s Transfer of ownership of a dog or cat, picked up by the Animal Services Officer, outside regular business hours. $65.00 $75.00 $120.00 Small - medium size Medium - extra lar e size ---.....--------- CilJ¡ o~ ~:. :; 0 July 24, 2006 NOTICE OF MOTION At the June 26, 2006 meeting of Council, Councillors McLean and Dickerson gave notice that they would at this or a subsequent meeting of Council present the following Notice of Motion: Utilization Of ORC Lands At Liverpool Road And Highway 401 Request Of The Ontario Realty Corporation Moved by Councillor McLean Seconded by Councillor Dickerson WHEREAS the Province of Ontario, through the Ministry of Transportation (MTO), owns a 4.3 ha. parcel of land located at the northwest corner of Liverpool Road and Highway 401, and WHEREAS the City understands that the Province may be holding these lands for consideration of transportation support uses in conjunction with MTO and GO, including a commuter parking facility and/or additional surface parking to serve the Pickering GO Station, and WHEREAS the use of these lands for a surface parking lot would be a serious underutilization of the lands, and WHEREAS these lands are strategically located adjacent to the Highway 401/Liverpool Road partial interchange and the Pickering GO Station, and are within the City's downtown area, and WHEREAS these lands hold significant development potential for prestige office employment and are also necessary to accommodate an important road access to the Town Centre West lands and a storm water management facility, and WHEREAS these lands play an important role in achieving both the City's and the Province's intensification objectives, especially considering the identification of downtown Pickering as an 'Urban Growth Centre' in the recently approved Provincial Growth Plan and the location of these lands in Pickering's downtown, , .- ,~ . ,. '"\ I' t, vi NOW THEREFORE BE IT RESOLVED: THAT the Minister of Transportation and the Minister of Public Infrastructure Renewal make these lands available for development and work with the City of Pickering and the Ontario Reality Corporation to develop a marketing strategy that will maximize the development opportunity for the lands consistent with the policies and provisions of the Provincial Growth Plan, while providing the required road and storm water management infrastructure to support development of the Town Centre West Neighbourhood, and THAT the Minister of Transportation and Minister of Public Infrastructure Renewal clearly indicate their intent NOT to pursue the use or sale of these lands for the sole purpose of providing a commuter parking facility and / or additional overflow parking in association with the Pickering GO Station, and THAT a copy of this resolution be forwarded to Minister Cansfield, Minister Caplan, Ontario Realty Corporation, GO Transit, Region of Durham, and MPP Wayne Arthurs. CiÚ¡ ,,~ BY -LAWS 6687/06 6688/06 6689/06 6690/06 6691/06 6692/06 ~5a, July 24, 2006 Being a By-law to stop-up and close that part of Commerce Street, Plan 65, being Part 1, Plan 40R- XXXXXXX as public highway and authorize the sale of the land to the abutting owner and, to authorize the execution of an Agreement respecting the use of City-owned lands by the adjacent owner for parking purposes. (Refer to Executive Page 142) Being a by-law to appoint Special Municipal Law Enforcement Officers for the Purpose of Enforcing Parking Restrictions on Private Property. Being a By-law to amend Restricted Area (Zoning) By-law 2511 as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Lots 8, 9, 21,24,25 & ROW over Lots 22,23, Plan M-89, in the City of Pickering (A32/05) [Background documentation and by-law attached] Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 2284/86 and 3253/89, to implement the Official Plan of the City of Pickering in the Region of Durham" for Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering. (A 40/00) [Background documentation and by-law attached] Being a by-law to designate the property and buildings municipally known as 1505 Whitevale Road, being composed of Lot 21, Concession 4, southwest corner of Whitevale Road and Mulberry Lane. This by-law implements the recommendations of Report CS 04-06, of which a Notice of Intent to Designate 'Willson House' was published on May 24, 2006 and no appeals were received during the 30 day appeal period. [A copy of the by-law is attached] Being a by-law to designate the property and buildings municipally known as 1690 Whitevale Road, being composed of Lot 19, Concession 5, north side of Whitevale Road adjacent to Urfe Creek. This by-law implements the recommendations of Report CS 03-06, of which a Notice of ~53 Intent to Designate "Glen House" was published on May 24, 2006 and no appeals were received during the 30 day appeal period. [A copy of the by-law is attached] 6693/06 Being a By-law for Responsible Pet Ownership (Refer to Executive Page 145) ( 'r.: i' .:: :.:> ' t PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM July 18, 2006 To: Debi A. Bentley City Clerk From: Joyce Yeh Planner I Subject: Draft Amending By-law to Remove a Holding Symbol Zoning By-law Amendment Application A 32/05 Wharf Street Marina Ltd. (Ralph B. Morgan) 1289, 1292 & 1294 Wharf Street Lots 8, 9, 21, 24, 25 & ROW over Lots 22, 23, Plan M-89 City of Pickering The above-noted lands (see attached Location Map) are currently zoned "(H)03B", (Holding) Waterfront Zone under Zoning By-law 2511. The owner has requested the lifting of the Holding to permit the development of a restaurant (south side of Wharf Street) and boat storage (north side of Wharf Street) in association with an existing marina operation. A restaurant use and boat storage are permitted uses within an "03B" zone. A draft amending by-law to remove the "(H)" - Holding Symbol from the subject lands has been prepared for the consideration of City Council at its meeting scheduled for July 24, 2006. The "(H)" - Holding Zone within By-law 2511 was established to ".. .regulate the cost and type of construction, the height, bulk, location, size, floor area, spacing, external design, character and use of buildings or structures to be erected..." The owner's submitted site plans were circulated for review through the City's Site Plan Review process. Comments were received from various agencies, City Departments, and residents. Although, to date, the site plans have not received their final approval, sufficient review has occurred to determine that the lands on the south side of Wharf Street may be developed appropriately for a restaurant. The lands on the north side will continue to be used for boat storage in association with the marina operation. The subject properties are not in compliance with certain technical requirements of the Zoning By-law (such as lot frontage, area and location of open storage from property lines). Committee of Adjustment applications have been submitted to address the variances from the By-law, which will be considered by the Committee of Adjustment on July 19, 2006. ,~. 5~·. &.,' Wharf Street Marina Ltd. A32/05 July 18, 2006 Page 2 Completion of successful Committee of Adjustment Applications and the Site Plan Application, with an associated agreement, is required prior to the issuance of a building permit for the properties subject to the "(H)" Holding Zone. Consequently, sufficient controls remain to address any outstanding development matters. It is recommended that Council pass the attached By-law to lift the "(H)" - Holding Symbol from the subject lands. If you require further information or clarification, please contact Joyce Yeh at extension 2039. ,/ I .,,-- . & Development Joyce Yeh Planner I JY:ld Jyeh\rezoning\Clerk Memo A32_05 Attachments 6:- 6 ~ I ...J ~- 0 ~ ~ MONICA COOK ~ :;j; 2S ~ - - --------¡ , .,.. ) tïi f----- BROWNING AVE, -Z 1...1 I ç ~tÆ '-- I~~- ll\--_r ILONA PARK "----J ( \~ I « ~ ~ ITIIIIIITTl \ ~ I I - ;j ---- === [IIIIIIIIJ ~t 1~1 ~1 REEL ~ - ROAD WATERPè~NT I ~ ) C' STRIQET~· ~: ~\-\I > \ l¿J C~ ":: III ~ ,- FOXGLOVE -I/r( (/) ( - I _ fT1 -Elj _0 _2 - - I -\, I I - - FRENCHMAN'S BAY COMMERCE STREET COMMERCE t==~~U1 ð I f-- r---- ~ - Ö 2 ! « i ~ _f- ì ~f--i =r= - i ANNLAND STREET ~~~ 1 WHARF STREET I ---1 I SUBJECT PROPERTIES f-- f-- -L¡I= ~ J ~ ~ fill illl § == i___~~ ~ ~ = 1= = I-- - I-- I--...J '--0 o Q.. lr- ~ :::; ~ AVENUE i·-5f ~. J I I II - -I - == '" ==~ f-- W W ~ f-- (/) SHEARE LA~E DRIVE I-- I-- - - f-- _1-- STREET f-- f-- 0- ST~REET ~ = Vi ~~f-- ~~ V v.. I ~l~ ~fl I( -~ r- ~ 11--iLL //11 ~ ~~ -- LAKE ONTARIO ~ ( City of Pickering Planning & Development Department PROPERTY DESCRIPTION LOT 8, 9 21, 24, 25 & ROW OVER LOT 22, 23 PLAN M89 OWNER WHARF STREET MARINA LTD. DATE JULY 4,2006 DRAWN BY JB FILE No, A 32/05 SCALE 1 :5000 CHECKED BY JY o 0 ;::.ources: Tor-enot Enterprises Inc. and its suppliers. All ri'iilhts Reserved. Not 0 pIon of survey. 2005 MPAC and its suppliers. All ...ic:Íhts Reserved. Not 0 pion of Survey. l' PN-3 ; r"1 ~ \.) \ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6689/06 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Lots 8, 9, 21, 24, 25 & ROW over Lots 22, 23, Plan M-89, in the City of Pickering. (A 32/05) WHEREAS the Council of The Corporation of the City of Pickering passed By-law 2511, as amended, to permit Marinas on the subject lands, Lots 8, 9, 21, 24, 25 & ROW over Lots 22,23, Plan M-89, in the City of Pickering; AND WHEREAS Zoning By-law 2511, as amended, includes an "(H)" - Holding Symbol preceding the Waterfront Zone on the subject lands, which has the effect of preventing any permitted Marina use such as restaurant, parking area, or boat mooring from occurring until such time as an appropriate design respecting proposed development has been achieved; AND WHEREAS the owner has now satisfied the City respecting the overall design of the site and the proposed restaurant; AND WHEREAS an amendment to amending By-law 2511, as amended, to remove the "(H)" Holding Symbol preceding the "03B" - Waterfront Zoning on the subject lands is therefore deemed appropriate; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule "A" to By-law 2511, is hereby amended by removing the "(H)" - Holding Symbol preceding the "OB3" Zone designation on the subject lands, Lots 8, 9, 21, 24, 25 & ROW over Lots 22, 23, Plan M-89, in the City of Pickering, as set out on Schedule I attached hereto. 2. AREA RESTRICTED The provisions of this by-law shall apply to those lands in Lots 8, 9, 21,24,25 & ROW over Lots 22, 23, Plan M-89, in the City of Pickering, designated "OB3" on Schedule I attached hereto. 3. BY-LAW 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 2 above, and as set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. '.~ 0.. ' ...., '} ,.'... v '. - 2~ - 4. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this 24th day of July, 2006. David Ryan, Mayor Debi A. Bentley, City Clerk ¿5n" "" ~~~#....... " .............. , "\;------ \ .....)\ ,,/ '\ ~~/~\ ;,/" '\, -- ' /",/ ../' / //" -----------------------\ , ,",,/ -- -- / -- / -- .,/ /-\----------' \/-//-/--/- \\---------- \/'/~\ , , \/:~~~~\\ \ '\ .. , C L ~ -() o o r ð ö \ FRENCHMAN'S BAY ~- -- -- - " ," ..,,, '. ,/,.. l' N SCHEDULE I TO BY-LAW 6689/06 PASSED THIS 24th DAY OF JULY 2006 MAYOR - DAVID RYAN CITY CLERK - DEBI A. BENTLEY PLANNING AND DEVELOPMENT DEPARTMENT {< "'0 ..:: {} < MEMORANDUM July 7,2006 To: Debi Bentley City Clerk From: Steve Gaunt Senior Planner Subject: Draft Amending By-law for Zoning By-law Amendment Application A 40/00 Applicant: Michael Boyer Enterprises Inc. & Pickering Holdings Inc. Part of Lots 27 & 28, B F Range 3 (South side of Kingston Road, east of Whites Road) City of Pickering Council, on September 17, 2002, approved the above-noted application to permit vehicle sales and rental, hotel, and a full range of retail, restaurant and office uses on all three parts of the subject lands (see attached location map) provided the owner pays the appropriate share of the Northeast Quadrant Review costs to the City, and enters an agreement with the City to provide access easements between the different parts of the subject lands and Kingston Road, among other matters. In addition, the portion of the subject lands occupied by a watercourse was required to be zoned as open space until such time as the watercourse can be piped. The applicant has paid to the City the Northeast Quadrant Review costs and executed the required development agreement with the City on March 23, 2006. Conditions of approval for the rezoning have now been satisfied and a draft amending by-law has been prepared. The subject lands are to be zoned in "SPC-3" and "(H) OS-HL/SPC-3" zone categories on Schedule I of the proposed Zoning By-law. The draft by-law has been circulated to and approved by the applicant and is attached for the consideration of City Council at its meeting scheduled for July 24,2006. A Statutory Public Meeting was held for this application on May 17, 2001. Please note that this by-law may be given all three readings at the July 24, 2006 Council Meeting. i:: 61lraft Amending By-law for Zoning By-law Amendment Application A 40/00 July 7, 2006 Page 2 The purpose and effect of this by-law is to amend Zoning By-law 3036, as amended, to permit vehicle sales and rental, hotel and a full range of retail, restaurant and office uses on the subject lands, subject to a holding zone on the portion occupied by the watercourse. The watercourse lands are zoned for open space uses at this time and at such time as the watercourse may be piped, Council could lift the "H", Holding symbol and permit the full range of SPC-3 uses. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. r (~1é~ #- Steve Gaunt, MCIP, RPP SG:jf Sxg/Boyer/BylawMemo T oClerk Attachments (""'6'~' t: (; I I I j~V ~ ~~ UI--- - ;::::: YLlGHT ~ ~/- ~~.~ ATTAIL ~ --- \ ill "- I LL0 RAINY DAY V I I I ~r= I I I ~r= TEEPLE HILL o ~~ / t= I ËE ~~ê¡=§~~ /=~ ~~ /1= ~ 1=1- B5~ );! =V AVENUE ::::: = ~ )' 'l'G< [Cr-I= ~ ~I=I-....I- - 21-- rr ~ -V :::~ ~ JACQUELINE 0~ i-- o t:~ ð g E ËJt == ~~ Ë = I I 777);: I t~E~Pr \ ~ /' WELRUS STREET >- t:: ~ ~I= ~ ~ t:: f-C: Pc ¡¡ 1:::= EDGEWOOD Ji.0 f:l\ ~ ~ ~ t=' ~1::; BIII~~~ !¿)'--v/; ¡C¡OURìT t= 0lIT 8~ ~ W~iRT. :;::. ~ ~ [j 1=11T' / 1= ::£1:=1- 3J1==C'\ \\~...... :::. 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'--- 0 'Ó --WLY --I!:~ r----..: __0_ C-.: __I_ =____ Ä RT _~I/)_ -_ , S~F~D_ - ~- J..l!it.. - = c-- __ _ - = = BREDA AVENUE _ _ = - f- - - ffimf£ffiB - - - -[{J_= -- _ -I!:_= -- I-- - ~-- - = f-I-- = ..J _ = )£ MORETTA AVENUE W = _ 1/)1-- = Ï - - 0BmEÆffiE~ _ = ~l-- ~ = = ~ ~ -2: t= 1= __ I/) -I-- L- 1= SANOK f- 1--1-- I- I I 11111111 III" 1118 ~ ~I-- /I I-- II I I rmGl5 I I- S Planning & Development Department MICHAEL BOYER ENTERPRISES ~ ¡>-.-< 0\00 rxO" ~O~Q ~' "'", ú' /v ~ þ>--< 0\00 rxO" :~ .... ....v Q)'I' DRIVE .~ §tt /---... Y Lu Z ED: p~ 1\ 0 $ City of Pickering ~ t3:ì B I T o 8 . PICKERING HOLDINGS INC. l' VERIDIAN CORPORATION DATE MAR 29,2001 r' , ~ U" THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 6690/06 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 2284/86 and 3253/89, to implement the Official Plan of the City of Pickering in the Region of Durham, for Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering. (A 40/00) WHEREAS the Council of The Corporation of the City of Pickering enacted By-laws 2284/86 and 3253/89, amending By-law 3036, to permit the establishment of vehicle sales or rental establishment, hotel and restricted commercial club and retail store uses on different parts of the subject lands, on Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering; AND WHEREAS the Council of The Corporation of the City of Pickering now deems it desirable to further amend By-law 3036, by repealing and replacing By-laws 2284/86 and 3253/89, to permit a broader range of uses including vehicle sales and rental uses, hotel and accessory uses, retail, restaurant and office uses on all parts of the subject lands, being Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES I. II and III Schedules I, II and III attached to this By-law with notation and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 27 and 28, Range 3, Broken Front Concession, in the City of Pickering, designated SPC-3 and (H) OS-HL/SPC-3 on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) (3) (4) - 2 - :: ~ fj {.." u ··t "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale, but shall not include a Restaurant - Type A; "Body Rub Parlour" shall mean any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; "Body Rub" shall mean the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (5) "Body Shop" shall mean an establishment engaged in repairing or painting vehicle bodies; (6) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on, and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estéÜe or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (7) "Club" shall mean a building or part of a building in which a not-for profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community, but shall not include an adult entertainment parlour; (8) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour; (9) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment; (10) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of children; f,' 6:l 1-" - 3 - (11) "Dry CleaninQ Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (12) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (13) "Functional Floor Area" shall mean floor area within an enclosed building storey having a ceiling height suitable to permit the intended use; (14) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (15) "Hotel" shall mean a building, or two or more attached buildings used for the purpose of providing the public with temporary accommodations, having a minimum of 25 accommodation units accessed by internal corridors, and uses accessory thereto, including meeting rooms, conference rooms, recreational facilities, banquet halls, and dining and lounge areas; (16) "Personal Service Shop" shall mean an establishment in which personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor, a dressmaking shop, a photographic studio, or massage therapy for medical or therapeutic treatment given by a person duly qualified, licensed or registered to do so under the laws of the Province of Ontario; (17) "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include a games arcade, an adult entertainment parlour as defined herein or a body rub parlour as defined herein; (18) "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment; (19) For the purpose of this subsection, the terms: (a) "Public School" shall mean, i. A school under the jurisdiction of a board of education which board is established pursuant to the Education Act, R.S.O. 1980, or any successor thereto; ~:: 66 - 4- (b) ii. A college of applied arts and technology established pursuant to the Ministry of College and Universities Act, RS.O. 1980, or any successor thereto; and iii. A university eligible to receive provincial funding from the Minister of Education, Colleges and Universities, pursuant to the Ministry of Colleges and Universities Act, RS.O. 1980, or any successor thereto. "Private Non-Residential School" shall mean a school which is maintained for educational or religious purposes but shall not include any other school defined herein; (c) "Private Residential School" shall mean a school which is maintained for educational or religious purposes and which includes accessory residential facilities but shall not include any other school defined herein. (d) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school, or any other such school operated for gain or profit, but shall not include any other school defined herein. (20) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined herein; (21) "Restaurant - Type A" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption on or off the premises, but shall not permit a drive-thru; (22) "Retail Store" shall mean a building where goods, wares, merchandise, substances, articles, or things are stored, offered or kept for sale at retail and includes storage on or about the store premises of limited substances, articles or things sufficient only to service such store but does not include any retail outlet otherwise classified or defined in the By-law; (23) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels; , (' " ¡. ;J ; - 5 - (24) "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, rent or lease of vehicles and which may include as an accessory thereto the outdoor display of vehicles for sale, rent or lease and a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; 5. PROVISIONS (1) "SPC-3" ZONE (a) Uses Permitted ("SPC-3") ZONE No person shall, within the lands zoned "SPC-3" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) bakery (b) business office (c) club (d) commercial club (e) commercial recreational establishment (f) day nursery (g) dry cleaning depot (h) financial institution (i) hotel U) personal service shop (k) place of assembly (I) private non-residential school (m) professional office (n) restaurant - Type A (0) retail store (p) vehicle sales or rental establishment (b) Zone Requirements ("SPC - 3") No person shall within lands zoned "SPC-3" on Schedule I , attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: A. BUILDING RESTRICTIONS (i) Building Location and Setbacks: Buildings and Structures shall be located entirely within the Building Envelopes illustrated on Schedule II attached to this By-law; ')68 ¡." - 6 - (ii) No building or portion of a building or structure shall be erected on a lot within a building envelope shown on Schedule " attached hereto, unless 40% of the entire length of the build-to-zone on the lot is occupied by a continuous portion of the exterior wall of the building or buildings containing the building interior; (iii) Clause 5 (1 )(b) A. (ii) above shall not apply to the buildings and structures existing on the day this by-law is enacted and to additions thereto of no more than an additional 20% to the gross floor area of all buildings existing on the day this by-law is enacted, on the lands shown as hatched on Schedule I; (iv) Building Height: A. minimum 6.5 metres maximum 26.0 metres B. A minimum of 33% of the gross floor area of all buildings constructed on each lot shall be provided as functional floor area above the ground floor, except for vehicle sales and rental establishments, on the lands zoned "SPC - 3" on Schedule I attached to this by-law. B. PARKING REQUIREMENTS (i) A minimum of 3.0 parking spaces shall be provided and maintained on lands zoned "SPC-3" on Schedule I attached to this By-law for every 1 00 square metres of gross leasable area for vehicle sales or rental establishments; (ii) A minimum of 4.5 parking spaces shall be provided and maintained for every 100 square metres of gross leasable area for permitted uses other than vehicle sales or rental establishments on lands zoned "SPC-3" on Schedule I attached to this By-law; (iii) Clauses 5.21,2 (b) and (c) of By-law 3036, as amended, shall not apply to the lands zoned "SPC-3" on Schedule I attached hereto; (iv) Despite Clauses 5.21.2(g) and 5.21.2(k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete or any combination thereof; )/""'q .,0 - 7 - (v) No more than one row of parking or display of vehicles shall be permitted between buildings and Kingston Road, except any display and parking permitted between Kingston Road and buildings that existed on the lands on the day before the enactment of this By-law. C. OUTDOOR STORAGE (i) No outdoor storage and display shall be permitted on the lands; (ii) Despite subclause 5(1 )(b)C.(i) above, the display of vehicles in association with a vehicle sales or rental establishment shall be permitted on the lands; (iii) Any permitted outdoor storage or display shall be provided within the building envelopes shown on Schedules II or III attached hereto. D. SPECIAL REGULATIONS (i) The maximum combined gross leasable floor area for all retailing of goods and services (exclusive of restaurants) shall be 2,500 square metres on each lot on the lands zoned "SPC-3" on Schedule I attached to this By-law; (ii) The maximum combined gross floor area for all restaurants on a lot shall be 33% of the total gross floor area of all uses on the lot zoned on lands designated "SPC-3" on Schedule I attached to this By-law; (iii) Despite Clause 5(1 )(b)D.(ii) above, Clause 5(1 )(b)D.(ii) shall not apply to the lands shown as dashed on Schedule I attached to this By-law; (iv) The maximum aggregate gross floor area for all offices shall be 1.5 Floor Space Index on each lot on the lands zoned "SPC-3" on Schedule I attached to this By-law; (v) No required parking space shall be used for outdoor storage or display; (vi) All required parking, permitted outdoor display, above or below ground structures, stormwater management ponds, utility easement or emergency access routes on the lands shown on Schedule I shall be set back a minimum of 14 metres from the abutting lands owned by the Ministry of Transportation for Highway 401 and the Kingston Road/Highway 401 Ramp Terminal Intersection. - 8 - ') 'i \' ." I (2) "(H) OS-HL/SPC-3" ZONE (a) Uses Permitted ("(H) OS-HL/SPC-3") ZONE Until such time as the "H" Holding Provision is lifted, no person shall use any lot or erect, alter or use any building or structure for any purpose except the preservation and conservation of the natural environment and resource management within the lands zoned "(H) OS-HL/SPC-3" on Schedule I attached to this By-law. (b) Removal of the "H" Holdinq Symbol A. The "H" Holding Symbol shall not be removed from the "(H) OS-HL/SPC - 3" zone until such time as: (i) the Director, Planning & Development receives satisfactory evidence that the following up-to-date reports and drawings on the hydrology, hydraulics and flood plain analysis for Amerlea Creek, mitigation needs and compensation requests, and impacts of downstream erosion, for the alterations of the watercourse currently located on the lands zoned "(H) OS-HL/SPC-3, have been completed and receive approval from the TRCA, and in addition, appropriate arrangements have been made with respect to stormwater management including the use of innovative stormwater management measures to maintain pre-development infiltration rates and reduce volume of run-off produced under development conditions for the lands zoned "SPC-3" B. Upon removal of the "H" Holding Symbol from the "OS-HL/SPC - 3" Zone, the uses permitted and the zone requirements for the "SPC - 3" Zone shall govern the lands designated "SPC -3"; C. Despite Clause 5(2)(b)A.(ii), on the lands cross-hatched or dashed on Schedule I, should the (H) be lifted, the build-to zone and the building envelope shall be as shown on Schedule III attached hereto; D. Despite Clause 5(2)(b)C., on the lands dashed on Schedule I, should the (H) be lifted, no requirement to build within the build-to-zone shall apply to free-standing buildings located solely on the lands dashed on Schedule I; "J " ! {, - 9 - 6. AREA RESTRICTED (1) By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. (2) By-laws 2284/86 and 3253/89, which amended By-law 3036, are hereby repealed. 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this 24th day of July 2006. David Ryan, Mayor Debi A. Bentley, City Clerk "7 i) G (:., o ::3 m « I- -.J W o ~\)\ ~ Þ-'< '0\G0 [22J HATCHED ~ CROSS-HATCHED I' :.---1 DASHED l' N SCHEDULE I TO BY-LAW 6690/06 PASSED THIS 24TH DAY OF JULY 2006 DAVID RYAN - MAYOR DEBIA.BENTLEY-CLERK (:73 o > ---..I m « I- ---..I W o ~'0\ ~\>---{ '0\G0 12221 BUILD TO ZONE BUILDING ENVELOPE l' N SCHEDULE n TO BY-LAW 6690/06 PASSED THIS 2 4TH DAY OF JULY 2006 DAVID RYAN - MAYOR DEBIA.BENTLEY-CLERK ,> t71.~ ~, l' o :J CD « ~ w o 14,Om ~\)\ ~\^--{ 0\GY' I222J BUILD TO ZONE BUILDING ENVELOPE l' N SCHEDULE m TO BY-LAW 6690/06 PASSED THIS 24TH DAY OF JULY 2006 DAVID RYAN - MAYOR DEBI A. BENTLEY - CLERK ·'.'7r; {.- ''''~I THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO 6691/06 Being a by-law to designate the property and buildings at 1505 Whitevale Road, Lot 21, Concession 4, (Willson House) as being of historical and architechtural value or interest. WHEREAS authority was granted by Council to designate the property and buildings at 1505 Whitevale Road, (Willson House) as being of cultural heritage value or interest; and WHEREAS the Ontario Heritage Act authorizes the Council of the municipality to enact by-laws to designate real property, including all the buildings and structures thereon, to be of cultural heritage value or interest; and WHEREAS the Council of the City of Pickering has caused to be served upon the owners of the land and premises known as 1505 Whitevale Road and upon the Ontario Heritage Foundation, Notice of Intention to designate the property and has caused the Notice of Intention to be published in a newspaper having a general circulation in the municipality as required by the Ontario Heritage Act, and WHEREAS the reasons for designation are set out in Schedule 'A' to this by-law; and WHEREAS no notice of objection to the proposed designation was served upon the Clerk of the municipality. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOLLOWS: 1. The property at 1505 Whitevale Road, more particularly described in Schedule 'B' is designated as being of cultural heritage value or interest. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule 'B' to this by-law in the property Land Registry Office. 3. The City Clerk is authorized to cause a copy of this by-law to be served upon the owners of the property at 1505 Whitevale Road and upon the Ontario Heritage Foundation and to cause notice of this by-law to be published in a newspaper having general circulation in the City of Pickering as required by the Ontario Heritage Act. - 2 - By-law read a First, Second and Third time and finally passed this 24th day of July, 2006. David Ryan, Mayor Debi A. Bentley, City Clerk {' !7 (' t..: 0 (/ '7 '( . " By-law 6691/06 Schedule 'A' Reasons for Desiqnation Willson House 1505 Whitevale Road The Willson house is one of the earliest surviving farmhouses in Pickering. The Willson family descendents were successful, contributing members of Pickering society, and participated in the maturing of the township. The building dates to 1851, and is a classic example of an Ontario vernacular farmhouse. The exterior is Georgian in form, while the interior is representative of the mid 19th century, with a Greek revival sensibility. The Willson House is of contextual significance as one of the earliest farmhouses in the Township. The remaining cultural landscape in the vicinity of the house and two acre property currently enables the original context to remain partially intact. Cultural Heritaqe Value: On October 16, 1843, Casper Willson purchased 50 acres in Lot 21, Concession 5 of the Township of Pickering from F.W. Heward, who had obtained a Crown Grant of 200 acres on September 24, 1840. The 1851 census showed Casper living on this property in a one-story frame house. The one and a half story brick clad house was built in 1861 as an addition to the front of the frame house. The original frame stood until the mid 1940's and was used as a kitchen, utility room and woodshed for the brick house. The property was passed on to Edward Willson in 1882, to Marie (Willson) Gannon in 1938, to Donald Willson in 1949 and, in part, to Douglas Willson in 1986, remaining in the Willson family until 2001. Born in 1814, Casper was the second child, and first son, of Asher and Susannah Willson, who settled land along Concession 5, Lot 22 in February, 1832 (the house is still located on the north side of Concession 5 to the west of this property). In Home District, Upper Canada on April 2, 1839, Casper married Elizabeth Hubbard (the granddaughter of Thomas Hubbard, one of the earliest and influential settlers in Pickering Township). They were married by Rev. Israel Marsh, pastor of second Baptist Church, Whitby, Ontario and witnessed by Thomas Hubbard and Nancy Sharrard. Elizabeth Hubbard was born in 1821. She and Casper had seven children. In addition to farming the land, raising livestock and crops, Casper played a significant role in community life; elected as a deacon of the Christian Church in 1842, became a charter member of the Sons of Temperance in 1850, was the superintendent of the Sunday School as early as 1851 and for many years after, and elected Committee-man for Ward 4 of the Pickering Agricultural Society in 1851. Elizabeth was active as a Sunday school teacher; she owned one of the a7~ first Bell organs in the community and loved to entertain. Their son, Edward (who was Township Assessor for many years) took over the farm before Casper's death and continued to farm the land until his son; Warren (who lived on Lot 20, Concession 4) took over the farm chores. The Willson family members have played key roles in Pickering Township's history. Casper's father, Asher Willson, served as Pathmaster in the early 1800's. Asher, along with two of his sons, Joseph and William, were involved in the 1837 rebellion and were imprisoned for their participation. Casper died in 1888 and is buried, along with other family members in the Brougham Cemetery. Douglas Willson, the last descendant to live in the home, was born on February 1, 1923 in Toronto, Ontario. He served in the military from 1942 to 1946 in the RC.A.F. as a Radar Mechanic and was stationed in Gander, Newfoundland (overseas). In 1988, he restored and renovated the house, where he and his wife Margaret Phyllis Willson (new Campbell) lived until 2001. The Willson descendants have been successful, contributing members of society, many remaining in Pickering or the area - a true and lasting connection to the heritage of Pickering Township. The 1994 (Hough Stansbury) inventory report rates this property as a Class A, the highest possible score. Heritaqe Attributes: The one and one-half storey brick house at 1505 Whitevale Road was built in 1861. Prior to that, form ca. 1843 to 1861, they had lived in a single-storey, frame, neo-Classical house on the same lot. This latter structure became the kitchen, utility rooms and woodshed for the new brick house. 'Features such as the segmentally arched window and door openings, the centre gable with lancet window, finial and pendant would have probably been added at that time (1861)...d icoromatic with quoins and arches picked out of buff brick.' (Hough Stansbury Inventory, 1994) Casper Willson's grandfather-in-Iaw, Casper Staats (also referred to as Stotts), was United Empire Loyalist. Yet the house built in 1861 reflects the fact that the two main streams of immigration into Upper Canada were melding into an Ontario identity. The 1994 inventory describes the interior: The interior features entry directly into the parlor where a wide enclosed stair leads via a winder section of the second storey. The formal dining room is entered through the doorway directly to the west of the main door. The wood trim is largely intact and features broad mouled door and window casings; a wainscoted dado of beaded boards in the parlor (to which the window casings finish) and a separate paneled dado treatment for the windows in the dining room with casing extending to the floor to which the high bases finish. The doors are of four-paneled design. This remains an accurate description of the interior of the property. To quote Marion MacRae and Anthony Adamson, 'The little vernacular house, still stubbornly Georgian in form and wearing its little gable with brave gaiety became the abiding image of the province. It was to be the Ontario Classic style. I" ~ I :, ( , In plan this house is derivative of American copy-books, Le. axial, stable virtuous; but the elements which push the design towards the picturesque are the polychrome-patterned brick details from industrial and lower-middle class Gothic Revival usages in northern England, southern Scotland and Ulster.' As Alan Gowans has written, so .. .six years before Confederation the Willsons had had built for them an Ontario Classic style house in which they and two succeeding generations would live (the earlier, neo Classical structure was replaced in 1988 with the extant entrance and family room). Situated on a knoll and facing the road as the house does, and with protecting trees around it, the house placement harks back to Casper's boyhood home at 1390 Whitevale Road. In conclusion, of particular note are the high quality of the polychrome brickwork, the brick themselves which reportedly were kilned nearby and are of a remarkably uniform colour, the shutters which appear identical to those in the 1880 oil painting, the gently arched window heads, the roof-top finial, and the two entrance doors of the 1861 house with their distinguishing arched-head transoms. A number of images of the house have been preserved, for example: an 1880 painting of the Willson House by Southworth; a 1908 photograph of the Christian Ladies' Aid Social Evening. The house and grounds should be preserved to enable this significant heritage building to remain, at least partially, in its original contextual environment, that of an early example of an Ontario farmhouse. This house and the remaining property (2 remaining acres of the original 50 acres) deserve designation as a heritage site for the architectural merit and for the long and well-documented contribution of an original settler family of Pickering. Of particular significance is the continued dedication to the preservation of this property, in spite of expropriation, the Willsons remained loyal to their heritage. The Willson family and their descendants participated in the beginning and the maturing of the Pickering Township. 2:3d By-law 6691/06 Schedule 'B' Leqal Description Willson House 1505 Whitevale Road Lot 21, Parts 1 and 2 Concession 4 Plan 40R-9437 '"8 .~ ~.:. ,I. THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO 6692/06 f.A,f '... Being a by-law to designate the property and buildings at 1690 Whitevale Road, Lot 19, Concession 5 (Glen House) as being of historical and architectural value or interest. WHEREAS authority was granted by Council to designate the property and buildings at 1690 Whitevale Road, (Glen House) as being of cultural heritage value or interest; and WHEREAS the Ontario Heritage Act authorizes the Council of the municipality to enact by-laws to designate real property, including all the buildings and structures thereon, to be of cultural heritage value or interest; and WHEREAS the Council of the City of Pickering has caused to be served upon the owners of the land and premises known as 1690 Whitevale Road and upon the Ontario Heritage Foundation, Notice of Intention to designate the property and has caused the Notice of Intention to be published in a newspaper having a general circulation in the municipality as required by the Ontario Heritage Act; and WHEREAS the reasons for designation are set out in Schedule 'A' to this by-law; and WHEREAS no notice of objection to the proposed designation was served upon the Clerk of the municipality. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOLLOWS: 1. The property at 1690 Whitevale Road, more particularly described in Schedule 'B' is designated as being of cultural heritage value or interest. 2. The City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the property described in Schedule 'B' to this by-law in the property Land Registry Office. 3. The City Clerk is authorized to cause a copy of this by-law to be served upon the owners of the property at 1690 Whitevale Road and upon the Ontario Heritage Foundation and to cause notice of this by-law to be published in a newspaper having general circulation in the City of Pickering as required by the Ontario Heritage Act. - 2 - ';8· q (J ¡:., By-law read a First, Second and Third time and finally passed this 24th day of July, 2006. David Ryan, Mayor Debi A. Bentley, City Clerk '8 .') i..: " By-law 6692/06 Schedule 'A' Reasons for Desiqnation Glen House 1690 Whitevale Road The Glen House is said to be associated with some of the earliest settlers in the Pickering area. The site, which may also merit National Historic Site status, was used as a meeting place in the 1930's for the socialist group which was eventually formed into the C.C.F., the precursor to the National Democratic Party. The late 19th century house has a later addition but remains intact. The house, mid 1840's barn and surrounding property are being considered for designation owing to the political activities which took place at this location. Cultural Heritaqe Value: Thomas Hubbard (1759-1853) and his family were United Empire Loyalists, who came to Pickering just before the turn of the 19th century. 'Thomas and his family had a major impact on the community in terms of social, religious and political life. He was the first Township Clerk in 1811 and donated land for the first area school that was built by the Hubbards, Matthews, Sharrads and Willsons. The Hubbards were founders of the influential Christian Church of Brougham. Hubbard and his sons were members of the Brougham Reformers (Mackenzie sympathizers)." [Schein man, 2004] William R. Wood, writing in 1911 reports a log school building on the southwest corner of the property in relation to S.S. 10 (Brougham). In 1850, James Hubbard sold the south quarter of the lot (where the house is located) to Archibald C. Thompson. In the 1861 census, he was recorded as having a log house on the site. The building's association with the Thompson family is worthy of note as Thompson's Inn, situated ~ust across the Brock Road, was a key landmark in the area throughout the 19 h century (location for town meetings and a local meeting place for Mackenzie supports in the time leading up to the 1837 Rebellion). It appears that the land was leased many times over the years until around 1900 when the property owners are listed as Bignall. This family conveyed the land to Andrew Glen in 1923. Andrew Glen was an articulate Scotsman who came to Canada in 1912 and lived and worked in Toronto until he became disenchanted with city life, purchasing his farm in 1923 and living there until expropriation. He was a writer, pacifist, socialist, theosophist and outdoorsman. In 1918, he joined the Theosophical Society and became Secretary of the Social Reconstruction Group. He became president of the Labour Party of Toronto in 1921. On June 26,1932, several local socialist groups, including J.S. Woodsworth, met at his farm where a resolution was passed asking Woodsworth to form a national socialist conference. Mr. J.S. Woodworth did so in the west later that year confirming Glen House as the historic meeting place of the group which, out of that meeting, went on to form the C.C.F., the precursor of the National Democratic Party. Andrew Glen ran as a CCF candidate in 1935, but was unsuccessful. {j 8"1 I-,J -y During the late 1930's, Mr. Glen was a regular columnist for the Toronto ~tar, but with the coming of the war, his pacifism became suspect. Eventually, his home was searched by the RCMP and some of his property seized. A large portion of his personal papers, relating to his involvement with socialism, have been deposited in the Queens University Archives in Kingston. Heritaqe Attributes: The original house, which still contains the basement, its old enormous apple and vegetable bins made of boards which are at least thirty inches wide. The house is small, but in good condition and has survived some one hundred and twenty years of weathering. It sits on a slight knoll with the land dropping off to the west into Urfe Creek, surrounded by mature trees and well tended gardens. The house is a one and a half storey residence with a large rear addition with gables perpendicular to the original and a further shed roofed addition to the rear. The simple treatment of the stair at the rear corner with pencil post balustrade is a surviving original feature of note, however, and its placement at the rear corner 'winding' at the two walls, is typical of log construction. The simple wood balustrade is a rare surviving example for Pickering and should be retained in place. While the exterior is clad in aluminum siding, however, the form of the original section and its relationship to other aspects of the site (creek, lane, barn) remains intact. It will require further investigation and research, but it is possible that the log house now on the property and hidden behind layers of cladding materials is the log school built on land Thomas Hubbard donated for school purposes early in the 19th century and which was operated by the Hubbards, Matthews, Sharrard and Willson families. A frame outhouse is notable for its three holes including a child's seat and a relatively early frame barn. The Glen barn is a fine example of a pre-1860's barn and probably dates to the early to mid 1840's. The barn is of very heavy timber, pegged, mortise and tenon construction of 'English barn' style with very few changes having been made to it down through the years. Its layout and style of construction, with its canted purlin supports, large swing beam and pole rafters, is typical of a barn of this period. Its workmanship is of superior quality as evidenced by the fine adzing work and close tolerance of its joinery. It appears to be in fair condition but needs a proper survey to determine its condition in detail. The Scheinman inventory (2004) evaluated this property as a Heritage Resource requiring a Statement of Heritage Resource. The Hough Stansbury inventory (1994) rates this property as a Class A, the highest score possible. Siqnificance: The Glen House was the site of the first meeting of those who would go on to form a Socialist political party. It shows the strong movement began with the impetus of the east. James Woodworth was at this first meeting and told Andrew Glen that he was going out west to form this new party - the C.C.F. He became leader of the Co-operative Commonwealth Foundation Federation in 1932, the same year the meeting at the Glen House took place. The Ontario Heritage Foundation recognizes this property as having provincial significance. In addition, the sites association with both the Hubbard and Thompson families is of heritage significance. · '8' ¡. (,.. .) This house, the barn and the remaining property deserve designation as a heritage site for the historical value related to the significance of the political activities that took place in this location. By-law 6692/06 t:86 Schedule 'B' Leqal Description Glen House 1690 Whitevale Road Lot 19 Concession 5 '.ì 8',; {, , CitJ¡ o~ Minutes I Meeting Summary Statutory Public Information Meeting Council Chambers Thursday, June 15, 2006 7:00 pm. COUNCILLORS: Councillor Brenner - Chair Councillor McLean Councillor Dickerson ALSO PRESENT: Ross Pym Rick Cefaratti Lynda Taylor Franco Romano David MaKay - Principal Planner, Development Review - Planner II - Manager, Development Review _ Action Planning Consultant, Agent for the Applicant - MHBC Planning - Home Depot & Brookdale Centre Inc. Lynda Taylor, Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. ails & Discussi ry of discussio 1. ZONING BY-LAW AMEN 1685279 ONTARIO INC. 1741 FAIRPORT ROAD (LOT 126, PLAN 1051 NOW RP 40r-23692 PART 1) CITY OF PICKERING 1. Planner Comments Rick Cefaratti, Planner II gave an overview of the property location, applicant's proposal and the City's Official Plan policies pertaining to this site, as outlined in Information Report No. 08-06. 2. Applicants Comment The Applicant's representative, Franco Romano, explained that the proposal is for two commercial use buildings. Previously, the applicant received approval "in principle" for nine detached residential homes. He further explained that the residential Page 1 CORP0228-2/02 ()8R ~,' < proposal might not go forward as CN Rail has appealed the application and the applicant cannot meet certain safety specifications specified by CN Rail. He also noted that CN Rail supports the conceptual retail proposal set out in this application. The proposed buildings are designed to integrate with the existing residential landscape and will include offices, personal service shops and retail stores. The applicant encouraged the residents to view the design and provide feedback. 3. Comments from Members of the Public Sylvia Spencer 771 Sheppard A ve. East Ms. Spencer stated her objections to this proposal as follows: · Proposed buildings are too high. · No Fire Gates proposed. · More garbage will be generated. · No solar energy design in the proposal. · Wants no outdoor patios or live music. · No noise abatement proposed. · Too many strip malls already in the area- businesses will not survive (i.e. Dunbarton Plaza) Lome Moore 1014 Dunbarton Road Mr. Moore also had concerns with the height of the proposed buildings. He stated that this neighbourhood consisted of single family dwellings and the commercial proposal was not compatible. Additional traffic was also an issue for him and he did not support access to Dunbarton Road. He stated that traffic was already poor and difficult to manoeuvre in this area and this proposal would increase the traffic congestion. Gail Chow 1811 Fairport Rd. Ms. Chow supports the idea of quality retail stores, just not in this area. She noted the ongoing concerns with Fairport Road/ Dunbarton Road traffic congestion and to add another high density building would only increase the traffic congestion. She further stated that if CN Rail was concerned with the safety of the children within the previous draft plan proposal, then why would they approve/support the application for a day care use within the retail plaza proposal. Page 2 CORP0228-2/02 Scott Currie 1738 Appleview Road Mr. Currie shared the concerns with the previous speakers and noted that CN Rail need to clarify their comments relating to the concerns of "life risks". He further stated that this commercial proposal was not compatible with the residential character of the area. He was also concerned with poor access and sightlines to the site. Lastly, he noted that the application had a reference to a 'hotel application', which was definitely not compatible with the area. Mr. Currie would prefer that the lands remain zoned for residential uses. Chris Karkas 905 Dunbarton Road Mr. Karkas advised that he had height restriction concerns. In addition, he stated that a commercial building generated much more garbage than a residential area and putting the two side by side would only create problems. 4. Response from Applicant The Applicant's representative, Franco Romano, addressed the residents concerns by stating that the applicant was willing to discuss the fence height and materials at the site plan stage. He further stated that his client was considering a slanted/peaked roof design to reflect the residential landscape. He also stated that there are no plans for outdoor patios in the proposal. He confirmed that the proposed building is only one storey, with the actual height being dependant on the final design. He further stated that there would be only one driveway in front of the site, similar to the residential proposal and similar to residential units in the area, which would facilitate one car at a time onto Fairport Road. The applicant stated that CN Rail prefers the commercial proposal to the residential and further discussions/meetings with CN Rail will take place to discuss the range of uses. He also stated that the waste location on site can be reviewed to relocate it away from the existing residential, at any rate it will be enclosed. Lastly, he stated that vibration and marketing studies are not typically done for this type of commercial project adjacent to residential providing neighbourhood functions, not affecting downtown uses. Mr. Romano advised that CN Rail requires a minimal separation distance of 30m to residential buildings; this requirement affects two thirds of the site and therefore virtually eliminates the potential for residential development on this site. 5. Staff Response Rick Cefaratti summarized the questions and concerns by clarifying that the proposed commercial building was a one storey building. In addition he explained that Staff was waiting for CN Rail's written comments for this application. Page 3 CORP0228-2/02 ,>' ' C) f.... .) , ZONING BY-LAW AMENDMENT APPLICATION A 03/06 BROOKDALE CENTRE INC PART OF LOT 23 & 24, CONCESSION 1 1105 KINGSTON ROAD CITY OF PICKERING 1. Planner Comments Ross Pym, Principal Planner, Development Review, gave an overview of the property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report No. 09-06. 2. Applicants Comments David MaKay, from MHBC Planning, representing Home DepotlBrookdale Centre Inc., provided a PowerPoint presentation of the proposal. The proposed site includes the existing Lick's Plaza and tenants would be able to relocate into the new re- developed site. He explained that currently access aligns with Walnut Lane through a public road system; however, the evolution of the site over the long term, would comply with The City's guidelines. He also stated that traffic, environmental, soil and market studies, are being finalized with no impact expected to the downtown core. He further explained that The City would have additional tax revenues from this proposal and an estimated 500 jobs wouldl be created. Lastly, he stated that construction would begin in 2006 with an expected fall 2007 opening of the Home Depot facility. 3. Comments from Members of the Public Sylvia Spencer 771 Shepard Ave. East Ms. Spencer expressed concerns that no solar power was proposed. She wanted to know if this proposal incorporated plans that would set aside funds toward the restoration of Pine Creek. In addition, she is concerned with outdoor patio use, as she feels this type of facility would create excessive noise. Another concern is with the timing of Home Depot deliveries, and lastly how seriously did this proposal compromise The City's Guidelines. Christian Hepfer Emix Ltd Nerotal Ltd. 27 Dunloe Road Toronto, ON Mr. Hepfer is the owner of 1101 and 1099 Kingston Road. He noted his support of the Page 4 CORP0228-2/02 l.: 9 '1 &., application, and provided written correspondence in this regard. He noted that the proposed re-zoning and ensuing development would complement the existing use in the area. He further advised that they would like to be closely involved, and noted the following concerns; · traffic flow in and out of site. · public road infrastructure. (continue Liverpool Road as planned) · building placement and the direction the buildings face. · setback from the 401 in line with current buildings. · truck access times and route. In summary, he stated that currently the zoning of the properties was very restrictive compared with the proposed zoning for the subject property and strongly encouraged the re-zoning to apply to all lands south of Kingston Road and to the east and west of Dixie Road. Bob Oldman 555 Kinston Road W. Aiax, ON Mr. Oldman, is the representative for Lakeridge Properties, who are the owners of the adjacent lands to the subject re-zoning application. He noted his clients' support for development and revitalization of this area and furthermore that Lakeridge Properties would co-apply for rezoning of their properties. He did point out that there was an access concern over their lands to the Home Depot site, and the effect of the proposed access on the EMS site is of concern. He noted that building F would interfere with their property's sightlines. He concluded by stating that these issues must be addressed prior to forwarding this proposal to Council. Doug Howard 1775 Storrinqton Street Mr. Howard had some questions regarding the notification process. He stated that the traffic into the Glendale neighbourhood would be a major concern and objected to Walnut Lane connecting into the plaza. He was particularly concerned with traffic turning into Walnut Lane, especially when trucks would be turning into the site from the east and to the south. He noted that this area had mature trees and asked if these would remain. He questioned the need for more retail space, as there are already several empty retail units in the area. Lastly, he asked when the final construction phase would be completed. Mr. D'Souza 1105 Dunbarton Road Mr. D'Souza also questioned how residents are notified of any re-zoning application. He reiterated the previous residents concerns with traffic congestion in the area. He Page 5 CORP0228-2/02 (~9 '1 (, t... further wanted to know if residential taxes would be reduced as a result of the increase in the commercial property taxes. Lastly, he questioned whether or not this application would impact the re-sale value of the area homes. 4. Response from Applicant David MaKay addressed several aspects of the resident's comments/concerns. First there would be a review of the energy sustainability concepts and the public road access issues that would address the safety concerns and access issues. With respect to the building placement, the applicant was willing to work with the adjacent landowners. He further stated that the traffic study recommended various options/improvements to the area traffic flow, i.e. traffic signal timing, and that there would be consultation with the City and the Region to review access flow options. He also stated that landscaping would be addressed during the site plan review process and that every effort would be made to retain existing trees wherever possible. He explained that the construction schedule was yet to be determined, however, it is expected that construction would begin in the fall of 2006. The Home Depot building would be completed in approximately seven months. The remaining building schedule would take another year for the completion of the other buildings. He also noted that the City and TRCA would review stormwater management reports to minimize impact on Pine Creek. Lastly he explained that Dixie Road would be used for truck traffic access and that Home Depot would have night deliveries in order to avoid conflict with customers during the day. 5. Staff Response Ross Pym, Principal Planner, clarified the notification process. He stated that letters are sent out to all residents within 120 metres of the site, advising of the proposed application. In addition, three signs are posted on the site and the proposed application is also posted on the City website. Lastly, he confirmed that further review of TCW guidelines would be required in conjunction with traffic and other submitted reports. The meeting adjourned at 8:30 pm Page 6 CORP0228-2/02 ,p . ,) Council Strategy Session Meeting Minutes Friday, June 16, 2006 9: 15 AM PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: 1. J. Quinn E. Buntsma N. Carroll G. Paterson A. Allison D. Bentley L. Taylor I. Bishop G. McGregor - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Solicitor - City Clerk - Manager, Development Review attended for part of the meeting - Supervisor, Information & Support Services attended for part of the meeting - Principal Planner - Policy attended for part of the meeting Introductory Remarks The Mayor provided opening comments and welcomed members to the Council Strategy Session. The Chief Administrative Officer thanked the Mayor and welcomed everyone to the strategy session. He advised that all Department Heads had been asked to review their strategies in preparation for the 2007 orientation/strategy session for the new term of Council. He noted that most of the day was for information purposes and that he was not looking for resolutions at this time, but would like Council's vision on specific matters in order to assist them with City plans and specific Ward issues. There was also the area of security of which an update would be required, along with approval on the work to be completed in this regard. Any items not completed as part of the session, would 1 ('94' ¡..::, be discussed as time permits over the next few months, dependent on their timing, noting the upcoming election and the reduction in the meeting schedule. The Chief Administrative Officer stressed that he was looking for Council's opinion and direction on a large number of items, and again thanked them for their attendance and support for the session. 1. 2005 Year End Position Financial Overview Veridian Promissory Notes 2005 Year End Position/Financial Overview The Director, Corporate Services & Treasurer provide a detailed overview of the 2005 Year End Financial position with respect to the City. A detailed powerpoint presentation was provided to all members present. He outlined specific areas, such as 2005 external audit, and of special note was the fact that the external auditors had no major or minor concerns. He further indicated that the 2005 financial statements include library and APT A. The Director, Corporate Services & Treasurer stated that the financial guidelines now require obligatory reserve funds to be reported as deferred revenue. He further advised that the year end position translated into a surplus of 1.8 million. The Director, Corporate Services & Treasurer further outlined the 2005 year end financial position - reserves, noting that the 2005 year end balance was estimated to be $47,393,596 and with the 2006 budget, the estimated 2006 balance was $40,595,732.; major non discretionary reserve funds. He further stated that all development charge capital projects require a City funded component which would be $6.3 million. Questions arose with respect to the Regional Transit funds in the amount of $237,106. of which these funds may be required to fund any shortfalls with APT A. A question and answer period ensued with respect to transit funding, the OPG assessment appeal, and insurance costs along with large industrial tax rates as determined by the Region of Durham. Further areas outlined related to the 2005 Surplus position, and the major contributing factors toward surplus - one time events, noting a surplus of $1,887,000. This assisted the City in maintaining the reserve. Further areas discussed related to the proposed Municipal Act amendments. Veridian Promissory Notes The Director, Corporate Services & Treasurer outlined in detail the Veridian Corporation with respect to the status of promissory notes, noting that the City had $25.1 million in these notes, with total income of $11.8 million. He noted that 2 I,' t', ~. ,. $820,000. was recently received as an increase to the 2005 Dividend previously paid in the amount of $738,000. He further outlined the governance restrictions of the Municipal Act, noting that in 2005 Pickering was instrumental in getting the Regulation changed so that the City was not prevented from continuing to hold these Notes. He further advised that if the Notes are ever sold, cashed in or reduced , the City was prohibited from increasing the remaining notes later. Further discussion ensued with respect to the details related to the Promissory Notes; shareholder agreement shares. A question and answer period ensued. The Director, Corporate Services & Treasurer requested comments from Members of Council with respect to the upcoming maturation of the Promissory Notes, noting that the current interest rate was 7.6%, and the anticipated rate was 6%. He noted that this matter would be brought back to Council for formal approval of the promissory notes. A short recess commenced and the session reconvened at 10:34 am. 2. Parking Issues On-Street Parking Pay & Display Traffic Flow - City Hall The Chief Administrative Officer outlined issues related to various parking related matters, noting that this matter would be a 2007 budget item. He advised that of particular concern related to the parking currently around City Hall and Beach Front area noting the development was causing concern in this area. He further outlined concern with the front turning circle of City Hall; parking in the handicapped parking spot etc. He would like a traffic review of City Hall, all around the existing building; including but not limited to traffic light location, book drops for the library etc. He further requested comments related to pay and display units and questioned whether this would be an area that Council would like to pursue. He noted that there are companies that will handle the capital outlay related to display units, ensuring that the City is provided a percentage of revenue etc. A question and answer period ensued related to the pay and display parking units. Issues discussed related to parking on The Esplanade, along with the waterfront. The Chief Administrative Officer further noted that there was an underlying issue, such as safety for our residents in and around City Hall. He advised that the City could put an RFP out that would provide us with the financial implications related to the City if we wished to pursue pay and display opportunities, however this would not be until late this year, early 2007. Discussion commenced related to the relocation of the book drop for the Library, such as the south side of the building. With Council's concurrence, the Chief Administrative Officer requested the ability to speak to the Chief Librarian with respect to assisting with moving the library 3 ("9~ (. I) patrons away from the turning circle. It was further noted during the discussion of problems related to the traffic in the north west area of the Esplanade, especially when buses are using this route, noting that a possibility would be to have one way street traffic to increase the traffic flow. It was also suggested that parking signage be implemented on the City parking lot, along with parking on The Esplanade. It was further noted that paid parking would have to be a reality at the Waterfront (Liverpool Road parking lot) due to the existing parking situation. Concern was also raised in dealing with the traffic related to the Dragonboat Festival and the ongoing lessons/training related to this activity. The Chief Administrative Officer stressed that this matter would not be considered until 2007, but wanted some direction on if this route is where the City should be going. He advised that the pro's and cons along with the issues affecting Pickering should be reviewed etc. Discussion further ensued with respect to ensuring that as part of the City's strategy we should ensure that a public meeting is held in order to obtain key feedback from all of the stakeholders that would be affected. In summary, it was noted that it would be beneficial to have an overall review related to policy and strategy, therefore, consensus was reached to commence a review of possible parking strategies and how to address them in the future [areas to look at: alternate side parking, one way street parking, pay and display units in City parking lots, parking permits/passes, tagging review, options presented to residents on problem streets, such as Listowel Crescent]. The Chief Administrative Officer indicated that a discussion paper would be written and presented to Members of Council as part of the 2007 strategy session. [city map/pro's and cons/city policy] 3. Duffin Heiqhts Neiqhbourhood Activitv Update The Director, Planning & Development provided a brief overview of the Duffin Heights Neighbourhood Activity Update. Members of Council were provided with a copy of the powerpoint presentation for their reference. The Principal Planner - Policy provided a detailed overview with the aid of a powerpoint presentation; noting specifically the Official Plan history (contexUdesignations); revision to the modification to the approved Pickering Official Plan which received Regional approval in 2003; development guidelines which received Council approval in 2003 related to the tertiary plan for the Duffin Heights neighbourhood. He further outlined future Regional Services and the commencement of the environmental assessment related to the future watermain zone 2. Further discussion ensued on this matter. He further outlined the construction scheduled for Brock Road, specifically the 2006 grade separation, along with the 2007 four to five lane widening from Dellbrook Avenue to Taunton Road. A question and answer period ensued on this matter. Discussion continued related to development interests - Cougs (Tillings) Ltd; Mattamy Homes and Yoon property; along with a review of City Owned lands. The Chief Administrative Officer provided an overview of the City's land ownership, especially in relation to the property where the current Operations Centre is located. He further advised 4 1)97 {.J that he had given staff direction to review Operations Centre facilities around the area to determine how their existing facility is working, along with the necessary size to operate. The Director, Planning & Development noted the areas that would not be developable, along with a review of matters to be resolved prior to marketing City owned lands. Potential Operations Centre and Community Park locations were reviewed. The session recessed at 12:23 pm for a brief lunch and reconvened at 12:51 pm. 4. 3D Town Centre Model The Director, Planning & Development provided an overview of the 3D Town Centre Model, noting specific areas of interest. A copy of the Town Centre Neighbourhood was provided as a handout to members present, noting opportunity sites. The Supervisor, Information & Support Services, outlined the 3D Town Centre Model, noting the level of detail provided, along with what was available. The Chief Administrative Officer advised that the future of the 3D Town Centre Model, although costly, was a good marketing tool by which the City can present opportunities to developers. He noted it is a work in progress, and anticipated that Council approval would be obtained to move forward with this initiative. Discussion ensued related to the next steps; such as updates to the web, presentations to the Board of Trade and a kiosk in City Hall. The Chief Administrative Officer emphasized that the purpose of the demonstration was to show members what was available, along with perhaps looking at meeting with developers to review their proposals, as visuals would assist greatly when presenting planning applications to the public at statutory information meetings. Consensus was provided for staff to meet with developers, especially related to the Bay Ridges plaza redevelopment. 5. Council/Committee Schedule The City Clerk provided a brief overview of the proposed 2006-2007 schedule; noting specifically that the schedule had been carefully reviewed for the purpose of minimizing the number of joint Executive/Council meetings as per direction of the Chief Administrative Officer. A copy of the proposed 2006-2007 schedule was provided to all members present, requesting any comments/concerns related to the schedule. A question and answer period ensued, with specific reference to the structure of the Management Forum. Discussion ensued with respect to the purpose of the Management Forum; the start time for the Management Forum, along with the nature of the topics. It was noted that the Management Forum had been scheduled for the third Monday of every month. 5 "'9'''"' '/ ;", &.,' "" 6. Security Concerns Members present were provided with a layout of the proposed security measures to be taken in the CAO/Council area. The Chief Administrative Officer outlined in detail the proposed layout. A question and answer period ensued. Concern was raised with respect to the access doors to the CAO/Councillobby area and if there could be consideration to try it and see how it works, to having these doors open during the daytime hours from a customer service perspective. Concern was also raised with the ingress/egress related to the Main Committee Room, and the possibility of a coloured carpet to assist with directions. The Chief Administrative Officer further advised that the intent of the proposed layout was for the future ability to provide our evening security with the ability to monitor the building through video surveillance. He further advised that all of the locks within the Council office areas are to be replaced now. A request was also made to review the lock mechanism of the metal gates into each area to not only buffer the sound, but allow for ease of entry. Further concern was requested for Customer Care Centre staff to be provided with the ability to close the front main doors into the CAO/Council area in the event of a security concern. 7, Bay Ridqes Plaza Redevelopment The Director, Planning & Development advised that due to the number of concerns raised at the statutory information meeting, along with the late submission by the applicant, who only paid the fees last week, he stressed that this would only provide staff with approximately 2.5 weeks to complete the report for July 24, 2006. He requested Council approval to prepare the report for the September 11, 2006 Executive Committee meeting. A detailed question and answer period ensued. The consensus of the members present was that Planning staff report on the Bay Ridges Plaza development at the September 11, 2006 meeting. 8. Other Business Environmental Assessment - Proposed Seaton Land Exchange The City Solicitor provided members present with a copy of a memorandum to the Chief Administrative Officer dated June 16, 2006 related to a second Judicial Review Application challenging the Minister's decision to not order a bump up. He advised that application had been made by David (Grey Eagle) Sanford, who is a member and representative of the Hurons of Wendat Nation and also acts in a representative capacity for various other First Nation interests and communities in North America. 6 ')go ç., ,1 9, Adjournment The meeting adjourned at 2:27 pm. 7 =~oo CiÚ¡ ()~ Minutes I Meeting Summary Heritage Pickering Advisory Committee June 27,2006 Whitevale Community Centre 7:00 pm Attendees: Pamela Fuselli (Chair) Karen Emmink Shawna Foxton Gordon Zimmerman John Sabean Jim Simpson Birgit Wilson (Recording Secretary) Absent: Councillor Rick Johnson Terri Abernethy Kim Sahadath 2.1 Whitevale Residence - Factorv Street The owners of the subject property, Melanie and Jeff Glassford gave a verbal presentation, along with some explanatory drawings, regarding the condition of and plans for their property that is located and included within the Whitevale Heritage Conservation District. They explained that a home inspector from the City had recently inspected the building and concluded that the original portion of the structure was unsafe. He further advised them to vacate that part of the home, which they are using for a family room. To rectify this situation, they are proposing to build an independent structure at the back of the property as phase one, to move all the services that now go to the original building, Le. water, electricity. When the new building is completed, they propose to evaluate how the structure can be salvaged and/or restored. Tim Moore had directed them to this Committee for guidance. The purpose of their appearance before the Committee is to obtain the Page 1 CORP0228-2/02 ¡.~! ,\) iJ ,,~ ...J It approval of the Committee to continue with these plans and develop a formal application/proposal. They want to be part of the conservation effort. The potential damage is due to the actions of previous owners. Once the owners concluded their presentation a brief discussion ensued and it was decided that a letter would be drafted to the owners stating our position: to proceed with the plans to build an addition at the back of the existing structure (phase one) and that it would be subject to the WHCD guidelines; once that is complete, a removal of interior walls in the original structure with inspection to determine the severity of the damage - then to proceed with either a demolition or restoration as dictated by the findings, again subject to the WHCD guidelines. The Committee was clear that all construction, renovations, demolitions must be conducted transparently and all findings shared with the Committee and City. 2.2 Brochure Development Shawna Foxton advised that she is waiting for a decision on what doors will be used for the front of the brochure. In regard to the resource page, Gordon Zimmerman to contact Durham Construction Association to obtain specific vendors for a Heritage restoration. It was agreed that the brochure should show websites and links to additional sites. As soon as Shawna has this information, the brochure will go to print and be ready by the September 2006 meeting. Pamela reported that she is unaware of the status of the request for the Clerk to send a letter to Post Manor owners regarding the banner they have posted on the outside of the Heritage property but will follow up. The picture of this home will be removed from the brochure and a photo of Commercial House will be used. 2.3 Whitevale Heritaqe Conservation District Extension Pamela reported that she has not yet been able to meet with the Director, Planning & Development on this matter. She stated that Council had supported the introduction of interim controls, however, the City has not yet moved on this because there was a subsequent decision to make this recommendation to the Province so that costs of the study would be borne by someone other than the City. Pamela is to question Neil Carroll where the province stands on this matter and when the City will implement this initiative. Pamela also reported that the EA CORP0228-2/02 Pamela to draft letter and send out for approval. Shawna to obtain photo options. Page 2 bump-up request has been declined. 2.4 Glen House and Willson House Desiqnatins The public comment deadline was June 24, 2006 and Pamela is not aware of any concerns raised. It appears that these designations will go forward. She has not been able to meet with the City Clerk to discuss next steps. John Sabean raised a question about the status of the Tullis Cottage and Evergreen Villa designations. 2.5 "Historical 5th" Publication · 3rd draft of the publication was handed out to Committee for review · Everyone agreed this brochure would compliment the Heritage Pickering brochure as it is geared for a different audience. 2.6 Guidelines for Heritaqe Permits · Pamela presented this draft document for review and discussion. This document was developed at the June 10th meeting. · Gordon Zimmerman to follow-up with Markham & Whitby to see if they have similar guidelines in place. · City Clerk already spoke with a number of municipalities and the Ministry of Culture and has made recommendations for the process. 3. Other Business 3.1 MHA Requests · Request from the Town of Oakville was received requesting information about Taverns. 3.2 Durham Reqion Official Plan, Part 2 Gordon Zimmerman attended the meeting that was held today. There were concerns as to whether the Province supports the Ontario Heritage Act. A letter of encouragement for support and awareness of Provincial guidelines in regard to the Ontario Heritage Act will be sent. 3.3 Renaminq Old Taunton Road - East & West Some discussion ensued on this topic as the City was not in agreement with the Committee's submission of 'Jackson Drive". The City would like a proper name, i.e. James Jackson Drive. John Sabean stated that it was William H. Jackson who developed this area and his name should be considered. Also, the City suggested Elizabeth MacKenzie Drive for a future street name. CORP0228-2/02 Pamela to follow up with the City Clerk. Jim to take feedback to next meeting of working group. Pamela to draft letter John Sabean to confirm Jackson given name to be used and make a recommendation for the west side of the street. Page 3 3.4 Whitevale Liqhtinq Pamela received a message from Richard Holbrun confirming that street Lights need to be replaced in the Whitevale area. Review of lighting reported 11 out not 15 are not working. The community will be concerned that the Heritage look is maintained when replacing fixtures. 3.5 CHO/ACO Conference John Sabean attended this conference. One idea he identified at this event is that the Heritage preservation should have a broader definition to include the Heritage Landscape. Woodruff-MacKenzie designated property is a good example of this issue. It is important to not only have the structures designated, but also the whole landscape, which will include environmental issues. The next conference is planned for 2007 in Guelph and the next time membership is renewed with the CHO, it will be four 4 years instead of 3 years. John suggested a bus tour set up for Councillors i.e. Councillor Johnson, Pickles and other stakeholders such as Heather Thompson from the Ministry, other decision makers in government (i.e. Ministry of Municipal Affairs) and families from the area (i.e. Doug Willson) to view the Whitevale Heritage Landscape before any development begins. 3.6 HeritaQe Inventorv/GIS Gordon Zimmerman obtained a presentation on the Brantford Heritage Inventory that is recommended by the Ministry of Culture as an example of a comprehensive inventory. Pickering is one of the few municipalities that doesn't have an inventory. This initiative has been a long time in formulating, but it is extremely important going forward. A Co-op student would be a good option to carry out the initial entering of data. Brenda Rappos has completed the Excel document on the ORC inventory which could be incorporated into the inventory. 3.7 Christian House At this time, Jim Simpson, asked the Committee if he could give a verbal update on the Christian House property, as this had not been added to the agenda. Jim stated that this property is owned by the City but has been completely ignored and is in danger of becoming 'beyond repair'. He stated that as far back as the 1980 and 1990, there have been reports completed and sent to the City about the CORP0228-2/02 Pamela to forward email to Jim who will bring it to the attention of the Whitevale & District Residents Assoc. Pamela to review all designated property by-laws to determine if property is included. Pamela to ensure copies of the inventory are sent to committee. Copies sent to City Clerk and Director, Planning & Development. Page 4 Jù4 opportunities to use and restore Christian House. There was discussed about how to best go about this and it was decided that Jim would take the Committee's recommendations back to the Whitevale & District Residents Association for consideration. It was suggested that the community approach the stabilization and/or restoration in the same way the Museum is doing - matching funds raised with funds provided by the City. 4. Next Meetin September 19, 2006 at 7:00 pm Meeting Adjourned at 10: 15 pm Copy: Mayor Ryan Members of Council Chief Administrative Officer Department Heads City Clerk CORP0228-2/02 Jim to table this item at the first meeting of the WDRA in September. Page 5 ì ..' '00( í) \.... \ CitJ¡ o~ Accessibility Advisory Committee June 28, 2006 7:00 PM CAO's Boardroom Attendees: Councillor David Pickles Tyler Barnett Kelly Collins Stephen Little Lisa Broad (Recording Secretary) Absent: Bill Boyes Chris Del Duca Lori Murray Prem Noronha Waldriff Sandra Stanton Item / Ref # 1.0 Details & Discussion & Conclusion (summary of discussion) Review/discussion of Plannin Standard · Tyler went over the current Site Plan Review Manual. This manual is in draft format and he would like some input from the Committee as to any standard problems it may have. · Councillor Pickles stated that the existing manual does not really have a defined section for accessibility issues. We need to change some of the language that is used - let's be consistent and remove disabled and handicapped from the language and include instead words such as accessible. · Pointed out that there are some buildings that have only the required number of parking spaces as opposed to having increased number of accessible spots for the nature of their business (i.e. Medical centre with only one accessible spot). Therefore, it might be necessary to put these exemptions into a by-law to encourage flexibility. · Stephen - we should be looking at who is using our spaces, not how many spots per square feet. · Tyler explained that because the number of parking spots is based on the square foota e of the buildin (s) on the property and our by-laws do not allow for flexibility, it would be very difficult to include this. · Stephen expressed concerned about a Walmart on Salk Road and asked Tyler if the by-law was not adhered to in their site plans. · Tyler replied that they did comply with what was shown on the plan but that somehow the plan did not work. · Stephen really likes that this document focuses on accessibility and mobility issues however there is nothing related to low vision, hearing impaired, and learning disabilities (signage). How can this be incorporated? · Tyler will look into incorporating these issues. · Councillor Pickles asked a question regarding the curb cuts. A drawing shown on Page 2 shows two vehicles and the ramps are shown on each side of the vehicles - where are ramps ideally placed? Is there a preference? Suggests that we make a standard of where to place ramps. · Stephen - you need a clear route of travel to access the ramp. · Tyler - setting a standard for where to put ramps may not be a good idea because the standard may not always give you unencumbered access. · Prem to circulate final draft of Planning Standards Document (or sections related to accessibility). Committee Input for 2006-2007 Annual Accessibility Plan · The Committee decided that the strategy of making one building accessible at a time would be better than doing a few items from each building at a time. · Stephen suggested the notion of attacking a large project together as a Committee. He would like to identify a project for people with disabilities (i.e. Waterfront Trail or community events, trail systems, etc.) and contribute to something bigger. · Councillor Pickles suggested Seaton, a higher density new area (townhouses) that holds the possibility of a big project. Could possibly have homes on the ends that are accessible homes, such as bungalows. Will discuss this possibility with Neil Carroll. · The Committee has no new additional items to date but look forward to reviewing the plan. 306 Tyler to action. Prem to action Councillor Pickles to action. J ") 141 ,,-h , · The site plans were viewed briefly. Stephen to review in detail and follow up with the Committee. · Kelly mentioned that the main doors at Mapleridge are finally accessible, however the button is placed in a very awkward location (middle of the two doors) so who would she approach for this problem? · Councillor Pickles replied that the City would discuss this with the School Board. Tyler will follow up with Kelly with respect to this accessibility issue. · Clerk's office to confirm that all polling stations are accessible between the hours of voting on November 13th. · Kelly questioned the new woman's fitness centre that is going in the mall - will it be accessible? Tyler to follow up with Kelly. · Tyler to forward to Stephen the revised site plan for the Petro Canada at Krosno and Liverpool. · Discussion ensued on the low attendance rate of the Committee. · Councillor Pickles suggested that Prem follows up with Committee members to see if the schedule of meetings accommodates their schedules. · Prem to follow up with Councillor Pickles with regards to a phone call about the Pickering Town Centre's accessibility issues. 5.0 Next Meetin · Wednesday, September 6, 2006. Potential agenda items · Item #1 - Invite Neil Carroll to discuss Seaton and accessibility issues and to explain the lack of accessibility in the subdivisions on Liverpool. · Item #2 - Discussion on the 2006-2007 Accessibility Plan. The meeting ended at 8:44 pm. Stephen to action. Tyler to action. Clerk's Division to action. Tyler to action. Tyler to action. Prem to action. Prem to action. Councillor Pickles to action.