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HomeMy WebLinkAboutMarch 19, 2007 Council Meeting Agenda Monday, March 19, 2007 Council Chambers 7:30 pm IN-CAMERA MEETING OF COUNCIL HAS BEEN SCHEDULED FOR 6:00 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 March 5, 2007 1 - 8 IV} PRESENTATIONS 9 V} DELEGATIONS 10 VI} CORRESPONDENCE 11-14 VII} EXECUTIVE COMMITTEE REPORT VIII} REPORTS - NEW AND UNFINISHED BUSINESS 15 -70 IX} MOTIONS AND NOTICE OF MOTIONS X} BY-LAWS XI} OTHER BUSINESS XII} CONFIRMATION BY-LAW XIII} ADJOURNMENT 71-94 Council Meeting Agenda Monday, March 19, 2007 Council Chambers 7:30 pm . Minutes from the Pickering Museum Village Advisory Committee Meeting of February 8, 2007 . Council Strategy Session of February 8, 2007 . Council Strategy Session of February 9, 2007 . Council Strategy Session of February 19, 2007 . Minutes from the Committee of Adjustment Meeting of March 7, 2007 . Minutes from the Waterfront Coordinating Committee of March 8, 2007 Council Meeting Minutes Monday, March 5, 2007 7:30 PM PRESENT: U') r, < oj t, . ...J.1 Mayor David Ryan COUNCILLORS: R. Johnson B. Littley D. Pickles ABSENT: D. Dickerson B. McLean J. O'Connell ALSO PRESENT: N. Carroll D. Bentley - Director, Planning & Development - City Clerk (I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) ADOPTION OF MINUTES Moved by Councillor Johnson Seconded by Councillor Littley Regular Council Meeting of February 19, 2007, In Camera Meeting of February 19, 2007 and the Executive Committee meeting of February 26, 2007. CARRIED (III) DELEGATIONS Gordon Willson 455 Whitevale Road Whitevale, ON Re: Director, Corporate Services & Treasurer, Report CS 04-07 Council Meeting Minutes Monday, March 5, 2007 7:30 PM ') r. ._. U U ;~Reritage Permit Application 001/06 Submission Under the Ontario Heritage Act 325 Whitevale Road. Pickerinq Gordon Willson, 455 Whitevale Road, Whitevale, appeared before the Committee in opposition to the subject heritage permit application. He advised that he was a member of the Whitevale Community Association and was speaking on behalf of this group. He briefly outlined the objectives of the community association. He advised that he was aware that the application was a complete deal but noted the following comments; . There would be negative impacts for all of Pickering heritage buildings . The process failed to involve the neighbours . Drawings were not available to the public until last Tuesday . The process shut out the citizens of Whitevale . There would be an adjustment to area property values . Agree with the comments of Heritage Pickering; and . Questioned the process utilized for notification. A question and answer period ensued. (IV) CORRESPONDENCE 1. CaRR. 11-07 TOWN OF WHITBY PAUL JONES, TOWN CLERK 575 Rossland Road East Whitby. ON L 1 N 2M8 Resolution #51/07 Moved by Councillor Pickles Seconded by Councillor Littley That CaRR. 11-07 from Paul Jones, Town Clerk, advising that at the Council meeting held on February 12, 2007, the Council of the Town of Whitby passed a resolution with respect to the Province of Ontario reassuming court security costs to provide the Durham Regional Police Service with funds and personnel, be endorsed. CARRIED Council Meeting Minutes Monday, March 5, 2007 7:30 PM 2. CaRR. 12-07 Zoning By-law Amendment Application A 01/07 811501 Ontario Limited 954 Dillingham Road Part of Lot 19, Range 3 Broken Front Concession Part 1, Plan 40R-3328 City of PickerinQ f\ r" ~'"': I..: U,) Resolution #52/07 Moved by Councillor Johnson Seconded by Councillor Pickles That CaRR. 12-07 from the Director, Planning & Development be received and that Zoning By-law Amendment Application A 01/07 submitted by 811501 Ontario Limited be deemed to be complete and referred to staff for application processing. CARRIED 3. CaRR. 13-07 P.M. MADILL, REGIONAL CLERK REGION OF DURHAM 605 Rossland Road East Whitby. ON L 1 N 6A3 Resolution 53/07 Moved by Councillor Pickles Seconded by Councillor Johnson That CORR. 13-07 from P.M. Madill, Regional Clerk, advising that at a meeting held on February 14, 2007, the Council of the Region of Durham adopted a recommendation with respect to the Accessible Pedestrian Signals Policy, be referred to the Accessibility Advisory Committee for comment. CARRI ED 4. CaRR. 14-07 DURHAM REGION HOME BUILDERS' ASSOCIATION King Street Postal Outlet Council Meeting Minutes Monday, March 5, 2007 7:30 PM OOI~ P.O. Box 26064 206 King Street East Oshawa, ON L 1 H 1 CO Resolution #54/07 Moved by Councillor Johnson Seconded by Councillor Littley That CORR. 14-07 from the Durham Region Home Builders' Association be received and that April 2007 be proclaimed as 'New Homes Month' in the City of Pickering. CARRIED 5 CORR. 15-07 KAIROS CANADA DURHAM CHAPTER Resolution #55/07 Moved by Councillor Johnson Seconded by Councillor Littley That CORR. 15-07 from Kairos Canada, Durham Chapter be received and that March 22, 2007 be proclaimed as 'Community Action for World Water Day' in the City of Pickering. CARRIED (V) REPORTS a) Executive Committee Report. EC 2007-04 2. Director, Planning & Development, Report PD 06-07 Zoning By-law Amendment Application A 07/06 Canadian Natural Power Inc., 526 Kingston Road North Part of Lot 30, Range 3 B.F.C. (Part 1, 40R-9195) City of Pickerinq Council Meeting Minutes Monday, March 5, 2007 7:30 PM 1. That Zoning By-law Amendment Application A 07/06 be approved, to rezone the subject lands to allow the development of townhouses and detached dwellings, on lands being the North Part of Lot 30, Range 3 B.F.C., Part 1, 40R-9195; '\ r. f~ UU~) 2. That the Draft Approved Plan of Subdivision Application SP-2004-05 (May 12, 2006) by Weldon Lands Inc. on behalf of the Estate of A. Tyas, on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., (Part 1, 40R-9195) City of Pickering, to permit the development of a plan of subdivision, be amended to include the subject property, being the North Part of Lot 30, Range 3 B.F.C., Part 1, 40R-9195; and 3. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 07/06, as set out in Appendix I to Report PO 06-07, be forwarded to City Council for enactment. 3. Director, Planning & Development, Report PO 04-07 Pickerinq Official Plan Review 1. That Report PO 04-07 of the Director, Planning & Development, regarding the review of the Pickering Official Plan be received; 2. That the Preliminary Work Plan for reviewing the Pickering Official Plan, as set out in Attachment #3 to Report PO 04-07, be endorsed; 3. That staff be authorized to hold a special meeting of Council, as required under Section 26(3){b) of the Planning Act, in the spring of 2007 to obtain public input on revisions to the Pickering Official Plan that may be required; 4. That staff report back on a Final Work Plan that addresses the submissions received on the Pickering Official Plan; and 5. Further, that a copy of Report PO 04-07 be forwarded to the Region of Durham, local municipalities in Durham Region, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority and the Durham School Boards for information. 4. Director, Operations & Emergency Services, Report OES 09-07 Grade Separation Reconstruction Agreement - Standard Canadian National Railway Company Council Meeting Minutes Monday, March 5, 2007 7:30 PM " .t. :'..., U 0 U _ Rosebank Road Bridoe, Mile 3.5 York Subdivision 1. That Report OES 09-07 of the Director, Operations & Emergency Services, regarding the Standard Grade Separation Reconstruction Agreement for the Rosebank Road bridge, be received; and 2. That the Mayor and the Clerk be authorized to execute the attached Standard Grade Separation Reconstruction Agreement with the Canadian National Railway Company. 5. Director, Operations & Emergency Services, Report OES 11-07 Pickering Museum Village - Request to Deaccession Artifacts 1. That Report OES 11-07 of the Director, Operations & Emergency Services regarding the request to deaccession Pickering Museum Village artifacts be received; 2. That the deaccessioning of the Pickering Museum Village artifacts listed in Attachment #1 to Report OES 11-07 be approved; and 3. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. 6. Director, Corporate Services & Treasurer, Report CS 12-07 2007 Annual Repavment Limit for Debt and Financial Oblioations That Report CS 12-07 of the Director, Corporate Services & Treasurer regarding the 2007 Annual Repayment Limit for Debt and Financial Obligations be received for information. 7. Director, Corporate Services & Treasurer, Report CS 14-07 Financial Control Policv 1. That Report CS 14-07 of the Director, Corporate Services & Treasurer regarding the Financial Control Policy be received; 2. That the Financial Control Policy as set out in Attachment #1 to Report CS 14-07 be approved; and Council Meeting Minutes Monday, March 5, 2007 7:30 PM 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. (' r. ~-M Uv( Resolution # 56/07 Moved by Councillor Littley Seconded by Councillor Pickles That the Report of the Executive Committee EC 2007-04, dated February 26, 2007, be adopted, save and except Item #1. CARRIED 1. Director, Corporate Services & Treasurer, Report CS 04-07 Heritage Permit Application 001/06 Submission Under the Ontario Heritage Act 325 Whitevale Road, Pickerino A delegation was heard earlier in this meeting with respect to this matter. A question and answer period ensued. The City Clerk provided clarification with respect to the notice provisions and the role of the Heritage Pickering Advisory Committee in relation to heritage permit applications. Resolution # 57/07 Moved by Councillor Johnson Seconded by Councillor Pickles That Report CS 04-07 of the Director, Corporate Services & Treasurer be deferred to the March 19, 2007 meeting of Council. CARRIED (VIII) BY-LAWS 6742/07 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6666/06, to implement the Official Plan of the City of Pickering, Region of Durham on North Part of Lot 30 ,Range 3, Broken Front Concession, Part 1, 40R-9195, in the City of Pickering, A07/06, to permit the development of townhouse dwelling units and detached dwellings on the subject lands. Council Meeting Minutes Monday, March 5, 2007 7:30 PM 008 THIRD READING: Councillor Pickles, seconded by Councillor Johnson, moved that By-law Numbers 6742/07 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 (IX) OTHER BUSINESS a) Councillor Pickles gave notice of his intent to bring forth a Notice of Motion at the March 19, 2007 meeting of Council with respect to charity bingo's. (X) CONFIRMATION BY-LAW By-law Number 6743/06 Councillor Johnson, seconded by Councillor Littley, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of March 5, 2007. CARRIED (XI) ADJOURNMENT The meeting adjourned at 8:14 pm. DATED this 5th day of March, 2007 MAYOR DAVID RYAN DEBIA.BENTLEY CITY CLERK CiliJ o~ PRESENTATIONS 1. Presentation of Fundraising Cheque to the City of Pickering Representatives from the Pickerinq Squash Club 2. Presentation by City Staff Environmental Website Launch 'l r {", C,.. ""I 'vu March 19, 2007 Cil1J 0# fi!l.. .,..., ',! '.I.J March 19, 2007 DELEGATIONS 1 . Myrna Picotte Representing the Royal Canadian Legion - Branch 606 Bay Ridges - Ladies Auxiliary Re: Update on Easter Parade 2. Linda Lyons, Chair Women of Distinction Committee YWCA Durham Re: 25th Women of Distinction Awards Gala 3. Gordon Willson 455 Whitevale Road Whitevale, ON Re: Director, Corporate Services & Treasurer, Report CS 04-07 Heritage Permit Application 001/06 Submission Under the Ontario Heritage Act 325 Whitevale Road. Pickerinq 4. Pamela Fuselli Representative for Heritage Pickering Advisory Committee Re: Director, Corporate Services & Treasurer, Report CS 04-07 Heritage Permit Application 001/06 Submission Under the Ontario Heritage Act 325 Whitevale Road, Pickerinq 5. Murray Pearson Tatham Pearson Solicitor for the Applicant Re: Director, Corporate Services & Treasurer, Report CS 04-07 Heritage Permit Application 001/06 Submission Under the Ontario Heritage Act 325 Whitevale Road, Pickerinq CillJ o~ 011 March 19, 2007 CORRESPONDENCE 1. CORR. 16-07 BARRY AND JACQUELINE BETHUNE 3185 Altona Road Locust Hill. ON LOH 1 JO Receive for information Correspondence received from Barry and Jacqueline Bethune providing comments with regards to the residential dwelling to be built at 325 Whitevale Road, Whitevale. (Heritage Permit Application 001/06, Report CS 04-07). 2. CORR. 17-07 PROPOSED STUDY FRENCHMAN'S BAY UNIVERSITY OF TORONTO Receive for Information Correspondence was presented by David Steele at the Waterfront Coordinating Committee meeting of March 8th, 2007 from the University of Toronto Scarborough campus indicating their request to study the water circulation and transport of sediment in Frenchman's Bay. 3. CORR. 18-07 DURHAM REGION LABOUR COUNCIL 115 Albert Street Oshawa. ON L 1 H 4R3 Motion to Proclaim Letter received from the Durham Region Labour Council requesting the City of Pickering proclaim April 28,2007 as National Day of Mourning. 3185 Altona Road, R.R.# 1, Locust Hill, Ontario LOH lJO 03/03/07 ".' 1 .~.~. L'. ' ; ~ c.. c A.. R. L~. (). ~"'T'"'-I . ....., .",~I~-,,--:j '! ,..'....,.....'..+--J ~ 'I ~ I p To: Pickering Council Members Re: 325 Whitevale Road, Whitevale, Ont. To Whom It May Concern: We live at 3185 Altona Road, which is the property abutting to the 325 Whitevale Road. About 10 days ago we received an e-mail from Mr. Gord Willson in regards to the proposed construction of a very large house on the aforementioned property. Although we were aware of the fact that a house was to be built on the property, this was the first notification we had received that this was, in fact, about to take place. Furthermore, we had not seen any plans, pictures, or drawings of the proposed structure. We attended the Executive Council meeting last Monday, February 26, 2007. At this meeting some drawings were presented to Council who, in turn distributed them to the residents of Whitevale for them to peruse. These were not plans with dimensions or anything marked on them but were, in effect, 3 different representations of the proposed structure, showing different locations for the garage. After the presentations by residents and the builder we had the opportunity to meet with the builder and his daughter for a few minutes. He very kindly had his daughter retrieve a set of plans from their car so that those of us from Whitevale could see the proposed plans of the structure. Although the proposed building has a large footprint, and since the builder had obviously tried to accommodate the concerns of the Heritage Committee, we really did not have any real problems with the plan. In fact, we quite welcome the fact that a residence will be built there, as the property has not been maintained in any way for the past few years, and the grass and weeds are quite high. Our concern with this structure lies in the fact that it will apparently be some 34 feet in height, which is about 21 feet higher than our home, and the one to the east of this property. This will overshadow our home and our greatest concern is that this may reduce the value of our property. As mentioned previously, we welcome a residence being constructed on the property, just not one as tall and looming as this one could be. '-?'_Vb_~0~s~~tru..1Y'~L'\ 0l:__. '....~. (C} 'f /' r'."tl d .It (\ '"'12;'7;/; '- "'('"1 . '0 '-" .~ '1" <LA ,..,I "LC"'t... tL-..-...>< I;:).....". 'A.", ......, 1 .. ...<:" ,-.' - G " .......'(j -----v ,Y f -:;~ - ,-' -,. ': - ~- - ~--' ...........", "'-'''- ;' l ,_ Barry and Jacqueline Bethune V (Y\ Clrch I q 10-( C. 0... '-.nc-: \ ....."~ r.. r- Received at Waterfront Coordinating Committee on March 8, 2007 Co P.. ().... Proposed fieldwork to study the water circulation and the flows of sediment in Frenchman's Bay. During June and July this year, scientists at the University of Toronto's Scarborough campus would like to study the water circulation and the transport of sediment in Frenchman's Bay. A Masters student named Lisa Sealock, under the supervision of Prof. Mathew Wells, will undertake this project. The water circulation in Frenchman's Bay determines the rate at which water is replaced by either cold water from Lake Ontario or with turbid water from stream inflow. The circulation patterns will also control sediment transport into and out of the bay, and determines the rate at which sediment enters the bay from Lake Ontario, from streambed erosion or via flow from the 401 transport corridor. Hence there are several practical applications for understanding the water circulation that will be of interest to the City of Pickering. . Firstly measurements of the water currents should be able to give estimates of exactly how sediments enter the lagoon from Lake Ontario. These sediments require costly dredging so that recreational sailors can access the harbour. . Secondly by understanding the present water circulations patterns, we will be able to estimate what effect an increase in the width of the boating channel would have upon the sediment loading rate, and upon the environmental health of the lagoon. The project will measure the water temperature, turbidity, chemistry and circulation patterns, and determine how these respond to heavy rainfall, strong wind and seiches (short-term variations in lake level due to winds) in Lake Ontario. The periodic inflow of cold lake water in Frenchman's Bay will be measured by placing 10 small temperature loggers along the floor of the lagoon. These data loggers are about 10cm long so pose no hazard for recreational boaters. Once a week in June and July surveys of the water circulation, turbidity and chemistry will be made from a small zodiac boat. The combination of these measurements will allow the researchers to determine the average residence time of water in this confined bay, and to estimate the possible effects on water quality and sediment transport upon the proposed widening of the boating channel. In the long-term Prof. Wells would like to use Frenchman's Bay as a field site where undergraduates and graduate students could gain hands on experience in the measurements of water quality. The proposed fieldwork this June and July would hopefully be the first step in a long-term relationship in monitoring the health of the Frenchman's bay between the City of Pickering and the Department of Physical and Environmental Sciences at UTSC. ~e.Cc:; ve k,... $'~ CORR FILE 1,- ~ '7.'1. .,,- ~. "~l"""l~ A _..-._... \ .,.- 07 01.. f:" I;... 'v .7~:-B i 014 DURHAM REGION LABOUR COUNCIL. i " 115 Albert St, Oshawa, Ontario LIH 4R3 G;~;',CoeR. 1~;:~,1, Phone: (905) 579-5188 Fax: (905) 579-3634 ..... ,dd~, E-Mail: durhamlc@durhamlabour.ca D 'J 2{WJ " ..:;. ,) .'. :':':.::,':;'''[ ':~~~~~~..~.IYISION February 27,2007 Mayor David Ryan & Members of Council c/o Mr. Bruce Taylor, Clerk City of Pickering 1 The Esplanade Pickering ON L 1 V 6K7 ". ., .,.."....,."-'" ....."...., ".-",'" ,-,~~.,.~.,,,,........,,, ~........- ',~ i .' ,.,C>," .",", .",~.~',., ."., "",' ,,-,'.'"''~''''' ~ -....<<',.. ,'~.' """,'.~",.", _.,' ~ ;':~'i',\:r): ~i ..-,......",.....,..... Dear Mayor Ryan & Members of Council On Saturday, April 28, 2007, the Durham Region Labour Council will be observing the National Day of Mourning at Oshawa City Hall. This year we will start with a March from United Steel Workers Hall at 10:30 AM to Oshawa City Hall Civic Square where our ceremony and laying of wreaths at the Day of Mourning Monument will take place. Please place our following request before Council at your next meeting. The Day of Mourning was officially recognized by the Ontario Provincial Legislature in 1988. In 1991, An Act Respecting a Day of Mourning for Persons Killed or Injured in the Workplace passed through all stages of the House of Commons and the Senate. The Bill which now proclaims April 28th of each year as a National Day of Mourning received Royal Assent on February 1, 1991 and is now law. The Day of Mourning is also officially recognized in many countries throughout the world. We ask that your municipality join with us in paying respect to those working people who have died at the workplace, or suffered injuries on the job by passing a resolution proclaiming Saturday, April 28, 2007 as "Day of Mourning". We also request that flags be lowered, where possible, on Municipal Buildings in honour and remembrance of those killed at the workplace. While we mourn the dead, we must dedicate ourselves to fight for the living and prevent this terrible and unnecessary toll by ensuring that our governments constantly review and enforce health and safety regulations, that all workplaces adhere to health and safety regulations and that all workers are regularly trained in all health and safety aspects of their workplace. Thank you for your assistance in these matters ~~: I OR!c-;IN^-,'~."'-"._..:::c;e, tt~r';.~~..".,,~.=~=-=_.- ~-=~=~~~-- I---..~.,,~.~"".'_m...._ I--'--~ ( , '\ CORR.",/".1 FILE TAKE APPR. ACTION , f'Y\.c\.fc:..h I q 10"1 _^ : \ n Yours truly, . ) {h---- tr-.tJ / - .j~_,i.A... L~ f/C / ._..--J(I......- (/./ William Stratton, Chair Day of Mourning Committee Durham Region Labour Council WS/lm '.'1. -... I. . I.. ..J March 19,2007 REPORTS - NEW AND UNFINISHED 1. Director, Operations & Emergency Services Report OES 07-07 Green River Community Centre Horizon House, Where Heaven and Earth Meet - Lease Renewal Aqreement At the February 26, 2007 Executive Committee Meeting, Report OES 07-07 of the Director, Operations & Emergency Services was referred back to staff. 1. That Report OES 07-07 of the Director, Operations & Emergency Services be received; and, 2. That the Mayor and the Clerk be authorized to execute a renewal lease agreement to permit the Horizon House, Where Heaven and Earth Meet to continue their use for church purposes at the Green River Community Centre from April 1, 2007 to March 31, 2008 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. 2. Director, Corporate Services & Treasurer, Report CS 04-07 Heritage Permit Application 001/06 Submission Under the Ontario Heritage Act 325 Whitevale Road, Pickerinq At the March 5, 2007 Council Meeting, Report CS 04-07 of the Director, Corporate Services & Treasurer was deferred to the March 19, 2007 meeting of Council. 1. That Heritage Permit Application HPA 001/06 be approved based on the plans submitted with the application and subject to the following conditions: a) relocate the garage in accordance with any of Options A, B, or C, as submitted by the applicant on February 26, 2007; b) eliminate the round and half round windows; and 2. Further, that a description and sample of asphalt roofing style/type and colour be submitted with the application and approved by the Director, Planning & Development. 018 3. Director, Corporate Services & Treasurer Report CS 13-07 Cash Position Report as at December 31.2006 That Report CS 13-07 from the Director, Corporate Services & Treasurer be received for information. 4. Director, Corporate Services & Treasurer, Report CS 15-07 Statement of the Treasurer Respecting 2006 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Bodies That Report CS 15-07 of the Director, Corporate Services & Treasurer regarding Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2006 be received for information. ,." Cilq o~ REPORT TO EXECUTIVE COMMITTEE Report Number: OES 07-07 Date: February 26, 2007 From: Everett Buntsma Director, Operations & Emergency Services '\ "t,',~ UJ.( Subject: Green River Community Centre - Horizon House, Where Heaven and Earth Meet - Lease Renewal Agreement - File: A-2130-001-07 Recommendation: 1. That Report OES-07-07 be received by Council, and 2. That the Mayor and the Clerk be authorized to execute a renewal lease agreement to permit the Horizon House, Where Heaven and Earth Meet to continue their use for church purposes at the Green River Community Centre from April 1, 2007 to March 31, 2008 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Executive Summary: The Horizon House, Where Heaven and Earth Meet have an existing Lease Agreement to operate their Church at Green River Community Centre. The Horizon House, Where Heaven and Earth Meet have requested to renew this agreement for a further year. The Operations & Emergency Services Department recommend that a renewal agreement be initiated with the Horizon House, Where Heaven and Earth Meet. Financial Implications: 2007 2008 9 months @ $800 3 months @ $800 $7,200 $2.400 $9,600 Report OES-07 -07 Date: February 26, 2007 Subject: Green River Community Centre - The Horizon House, Where Heaven and Earth Meet Ole Lease Renewal Page 2 Sustainability Implications: The Horizon House, Where Heaven & Earth Meet, manage and maintain the Green River Community Center on behalf of the City of Pickering. This assists the City's overall staff requirements in the operation of this Facility. This group also provides a spiritual well being for the residents, community and participants that attend regular meetings and services organized by this group in the Green River Community Center. Background: On February 20, 2006, Council passed Resolution #20106 authorizing the execution of an Agreement to renew the Lease with Horizon House, Where Heaven and Earth Meet for their use of the Green River Community Center for church purposes from April 1, 2006 to March 31 , 2007. The Horizon House, Where Heaven and Earth Meet have requested to renew this agreement. The Green River Residents' Association have indicated their support for the Church to continue using the Green River Community Center. The renewal agreement allows the Horizon House, Where Heaven and Earth Meet to continue their use for church purposes at the Green River Community Center from April 1,2007 to March 31,2008. The Director, Operations & Emergency Services and Division Head, Culture & Recreation recommend that a renewal agreement be initiated with the Horizon House, Where Heaven and Earth Meet. Attachments: 1. Lease Agreement 2. Location Map Report DES-07 -07 Date: February 26, 2007 Subject: Green River Community Centre - The Horizon House, Where Heaven and Earth Meet - Lease Renewal Page 3 i119 l: J. Prepared By: JfIi!!Ftt~ Supervisor, Facilities Operations Approved I En ) ey: '\ \ I Everett Buntsma :ectorli!!:2~:e:~~cY SeNices Stephen R~dS Division Head, Culture & Recreation SR:lg Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of PiCk::_"-~~i~l< / ' -~ 17"--..-Y I ./ i "- TtJ.6mas J. auiJin, RD~R., Chief Administrative Offi r ,d ~J"(- (f7 f'O (J' (' .........., t', '.,', I ~~. 110,. lJ ,: ~ ~) lEASE AGREEMENT THIS LEASE is dated April 1, 2007 BET WEE N: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - HORIZON HOUSE, WHERE HEAVEN AND EARTH MEET (the "Tenant") ARTICLE I . INTERPRETATION Definitions 1. In this Lease, (a) "Commencement Date" means April 1 , 2007; (b) "lease" means this lease as it may be amended from time to time; (c) "leasehold Improvements" includes without limitation all fixtures, improvements, installations, alterations and additions from time to time made, erected or installed by or on behalf of the Tenant in or on the Premises; (d) "Premises" means the lands legally described as part of Lot 34, Concession 6, designated as Part 1 on Plan 40R-6910 in the City of Pickering, Regional Municipality of Durham and the building located thereon known as the Green River Community Centre; (e) "Property Taxes" means all real estate taxes, school taxes, levies, rates, duties, assessments and charges imposed against; (f) "Rent" means the rent payable pursuant to Section 13; (g) "Sales Taxes" means all sales taxes, value added taxes and any other taxes imposed on the City or the Tenant in respect of the Rent or the provision of any goods or services by the City to the Tenant under this Lease; and (h) "Term" means the term of this Lease as set out in Section 11. Headings 2. The division of this Lease into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Lease. Horizon House Lease ~ i\ l.. fi""'i j" ~ t: J\\ ': C;E S C 7 - 0-7 Paqe 2 f"()' 'jG ,;). 'cF 1 0, ("'. ". . '" .t Severability 3. All of the provisions of this Lease are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. ARTICLE II . GRANT AND USE Grant 7. In consideration of the performance by the Tenant of its obligations under this Lease, the City leases to the Tenant the Premises for the Term and covenants to observe and perform all of the covenants and obligations to be observed and performed by the City under this Lease. In consideration of the performance by the City of its obligations under this Lease, the Tenant takes the Premises on lease from the City and covenants to pay the Rent and to observe and perform all other covenants to be observed and performed by the Tenant under this Lease. Use of Premises 8. The Premises shall be used only for the purposes of a church, church socials, religious education and for no other purpose without the prior written consent of the City. Nuisance 9. The Tenant shall not carry on any business or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. Shared Use 10. Notwithstanding anything in this Lease, the Tenant shall allow the Green River Residents Association to use the Premises for community meetings on Mondays, Tuesdays and Fridays and for other functions on an occasional basis on other days except Sundays, so long as there is sufficient time to appropriately clean the Premises prior to the Tenant's use. Horizon House Lease Li':(>;~,,~t'h H,",,~ .:: ~. I , ., \ :; : '~I" '. >.,-." ,; ,/"":,:::) ~ ",,', OE<:::: 07 -(: 1 Paqe 3 .:::?, c+\ l' n'> ," \... ;.... ,:~" ~'v-' ,.." t'-~'J;? ARTICLE III . TERM Term 11. The term of this Lease shall be one (1) year from the Commencement Date to March 31, 2008. Overholding 12. If the Tenant remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Tenant shall be deemed to be occupying the Premises as a tenant from month to month at a monthly rent double that set out in Section 13 and otherwise upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. ARTICLE IV - RENT, TAXES AND OTHER CHARGES Rent 13. The Tenant shall pay to the City as rent during the Term in lawful money of Canada the sum of Nine Thousand and Six Hundred Dollars ($9,600.00) per annum in equal monthly instalments of Eight Hundred Dollars ($800.00) each on the first day of each calendar month during the Term, the first of such payments to be made on the Commencement Date. 14. The Tenant shall, at the request of the City, supply post-dated cheques for the Rent. Sales Taxes 15. The Tenant shall pay to the City all applicable Sales Taxes at the same time as the amounts to which such Sales Taxes apply are payable to the City under the terms of this Lease. Property Taxes 16. The Tenant shall pay all Property Taxes and any taxes imposed as a result of any business carried on in the Premises by the Tenant. Utilities 17. The City shall pay all charges for electricity and for fuel for heating. The Tenant shall pay all charges for garbage removal and all other operating and maintenance costs and expenses except as otherwise provided in this Lease. ARTICLE V. MAINTENANCE, REPAIRS AND ALTERATIONS Maintenance and Repair of Premises 18. The Tenant, at its sole cost and expense, shall maintain the Premises in a good and substantial state of repair and keep the Premises clean and free from all refuse. Horizon House Lease /"\. ~ ;;iJt ~~"',. !:""; OEO:;:" () 7 - 07 Paqe 4 ["o.c; e Lt, of 1 ~ J 023 Leasehold Improvements 19. The Tenant shall not make, erect, install or alter any Leasehold Improvements in or on the Premises without having first obtained the City's written approval. The Tenant's request for any approval shall be in writing and accompanied by an adequate description of the contemplated work and, where appropriate, working drawings and specifications. All work to be performed in the Premises shall be performed by competent contractors and subcontractors of whom the City shall have approved, such approval not to be unreasonably withheld. All such work shall be subject to inspection by and the reasonable supervision of the City, and shall be performed in accordance with any reasonable conditions or regulations imposed by the City and completed in a good and workmanlike manner in accordance with the description of work approved by the City. Removal 20. The Tenant shall remove from the Premises, at its expense, all Leasehold Improvements, furniture and equipment at the expiration or earlier termination of this Lease and shall repair any damage caused to the Premises by the installation and removal. Where required by the City, the Tenant shall restore the Premises to the condition they were in prior to the installation of the Leasehold Improvements, furniture and equipment being removed. ARTICLE VI . INSURANCE AND INDEMNITY Tenant's Insurance 21. The Tenant, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Tenant's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than five million dollars ($5,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 22. Prior to the Commencement Date, the Tenant shall file with the City a Certificate of Insurance, in a form satisfactory to the City, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 23. The provision of any insurance policy required by this Lease shall not relieve the Tenant from liability for claims not covered by the policy or which exceed its limits, if any, for which the Tenant may be held responsible. Horizon House Lease i\~'"! j~\CH ~v; i:~ \ OE.<:.~ ()7 -()lpaqe 5 po C\ e.. c:; of I .) r\tt"4 "If' \..: ,.",..t Insurance Risks 24. The Tenant shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the occupancy of the Premises, the conduct of business in the Premises or any acts or omissions of the Tenant on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Tenant shall pay such increase to the City. Indemnification 25. Each of the City and the Tenant shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Tenant, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. ARTICLE VII - REMEDIES ON DEFAULT City's Right to Re-Enter 26. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Tenant has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 27. In addition to all other remedies the City may have under this Lease and in law, if the Tenant is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Tenant (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Tenant shall be responsible for all such costs. Waiver 28. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Tenant at any time or times in respect of any covenant, obligation or agreement under this Lease shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or Horizon House Lease j"' it _;>4\'<)> .... oES L)'1-C7p 6 ' ''''.' ''-''.JJ \. ,: ';.". " aoe t'O-~ e f.c '*"' ( J 025 breach, and no waiver shall be inferred from or implied by anything done or omitted by the Tenant save only an express waiver in writing. ARTICLE VIII. MISCELLANEOUS Quiet Enjoyment 29. The City shall permit the Tenant to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Tenant is not in default. Right of Entry 30. The Tenant shall permit the City and authorized representatives of the City to enter the Premises during normal business hours for the purpose of inspecting the same on prior notice to the Tenant (except in an emergency where no notice shall be required), and the Tenant shall arrange for such entry at a time convenient to both parties. The City shall use its best efforts to minimize the disruption to the Tenant's business operations during any such entry. Signs 31. The Tenant shall be permitted to maintain an identification sign at or near the front of the Premises. Such sign shall only contain the name or style under which the Tenant is operating, the names of its leaders, and the times of its activities, unless otherwise approved in writing by the City. The Tenant shall not otherwise paint, display, inscribe, place or affix any sign, symbol, notice, lettering or display of any kind anywhere outside the Premises or within the Premises so as to be visible from the outside of the Premises without the prior written consent of the City. Any signs installed by the Tenant shall be removed from the Premises at the end of the Term. Compliance with Laws 32. The Tenant, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use or occupation of the Premises by the Tenant or the making of any improvements to the Premises by the Tenant. Notice 33. Any notice required to be given by the Tenant to the City under this Lease shall be in writing and shall be delivered to: The Corporation of the City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario Attention: City Clerk Horizon House Lease , 1 " ' , 'l..,; ,,\"~; " ; \ ! ',J ~ ,-\1..1 " ~..J' , /, ",' .' (, c.c= c"s'-7 .-:.C.....,./ ",--/1:::. -....J '-.",1 t f'c\...Cje.! c.{! ( 'j: i,::,;j< Paqe 7 "', (-., ~ C& s6ch other address of which the City has notified the Tenant in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 34. Any notice required to be given by the City to the Tenant under this Lease shall be in writing and shall be delivered to: Horizon House Where Heaven & Earth Meet 190 Phyllis Avenue Scarborough, ON M1M 1Y8 Attention: Walter Psotka, President or such other address of which the Tenant has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Assignment and Subletting 35. The Tenant shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Successors and Assigns 36. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING PER: David Ryan, Mayor PER: Debi A. Bentley, Clerk HORIZON HOUSE, WHERE HEAVEN AND EARTH MEET PER: Walter Psotka, President PER: Peter Lunde, Treasurer 0. i .~ i~.;c::.:e:;, C: 7 - 0-7 03000323000 ONTARIO REALTY CORPORATION GREENRIV SUBJECT PROPERTY l SUBJECT BUILDING w z :J w o (j) OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION ------------ - ~._-- LEASE RENEWAL AGREEMENT Ciu,(1~ GREEN RIVER COMMUNITY CENTRE _ . ATTACHMENT FOR REPORT OES-07-07__ SCALE: DATE; NTS FEBRUARY 9/2007 L:\MPondE\ rhematlc Mopping\Maps\UP&E - Admin\Report '" rJ ~ ~:~ l d -T Citq o~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 04-07 Date: January 22, 2007 '" I) "'" i : " i<i. \.... ..... ....... From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Heritage Permit Application 001/06 - Submission under the Ontario Heritage Act - 325 Whitevale Road, Pickering Recommendation: Council Direction Required Executive Summary: On July 24, 2006 Council approved a formal application process for alterations, additions or demolitions or erection of a building in a Heritage Conservation District. Cimas Construction submitted Heritage Permit Application #001/06 for property municipally known as 325 Whitevale Road. The purpose of the application is to permit the new construction of a single-family residential dwelling within the Whitevale Heritage District. In accordance with the heritage permit application procedure established under the Ontario Heritage Act, Council is the delegated authority to consent or refuse the application. Financial Implications: Not applicable. Background: On July 10, 2006, Cimas Construction Ltd. submitted a heritage permit application, pending approval of the process by Council on July 24, 2006. A copy of the application is included as Attachment #1 to this report. It should be noted that the Applicant has been in discussions with Heritage Pickering since the beginning of the year, prior to final plans being drawn up. As part of the City's goal for process improvements, the heritage permit application process was implemented in order to facilitate decisions with respect to heritage properties. As part of the heritage permit application process, comments are solicited from the Planning & Development Department and Heritage Pickering. If deemed necessary, at the discretion of the Chief Building Official, Planning & Development will also seek a peer review from a qualified heritage consultant on the subject application. Report CS 04-07 Heritage Permit Application HPA 001/06 January 22, 2007 Page 2 Comments n t) f" I.;"'~ Planninq & Development Department: After careful review, the Planning & Development Department is recommending approval of Heritage Permit Application HPA 001/06. The proposal generally conforms to established guidelines for new buildings that the applicant can reasonably be expected to comply with, given the background, context and the lot to which this application applies. It is noted by the Planning & Development Department that the applicant's architect prepared the final design documents after consultation with Heritage Pickering. The Whitevale Heritage District Guidelines includes some general recommendations for new buildings, and were intended to provide for some flexibility and accommodation in their design. The guidelines state that: new buildings should respect the prevailing character of adjacent buildings, streetscape and district through compatible location, height, setback, orientation, materials, fenestration, scale and proportion. The applicant's proposal is for a two storey detached dwelling of about 3400 square feet on a 2/3 acre vacant corner lot at the western edge of the hamlet. The location, height, setback, orientation, materials and fenestration are in general accordance with the District Guidelines. The dwelling is somewhat larger than some adjacent heritage dwellings. It is probably unreasonable and impractical, however, to mandate that the applicant match the proposed building to the scale of the immediately adjacent dwelling, which is located on a much smaller lot. The proposed building conforms to all zoning requirements and the applicant has incorporated significant setbacks to the neighbouring heritage dwellings that are much in excess of permitted minimums. The June 1, 2006 comments provided by the Chair, Heritage Pickering, are understandably advocating a high level of heritage design compliance. When measured against this new building proposal, they reflect a more particular and restrictive approach to architectural control in the District than has been the case in the past. In considering whether to apply greater heritage obligations in this case, Council should consider that: a uniquely liberal approach to implementing a conservation District was applied by Council in Whitevale. At the time of implementation, any owner wishing to be exempt was allowed to do so. As a result, the District today contains approximately 20 lots whose owners are not obliged to comply with any heritage requirements. Report CS 04-07 REVISED Heritage Permit Application HPA 001/06 January 22, 2007 Page 3 !') ('1"'--, l~ 'th~ 1990 Whitevale Heritage Conservation District Plan, prepared by the City by Unterman McPhail Heritage Resource Consultants, recommended that the introduction of new buildings into Whitevale be accepted as part of the continuing change that all communities experience. It was not intended that the Conservation District limit new building forms to only those that exist. the application of more prescriptive and restrictive architectural criteria has generally been reserved for construction directly associated with existing heritage buildings, in order to protect their integrity. a contemporary new building design using traditional elements is acceptable and consistent with the established District Guidelines. more prescriptive control to all applications, the current District exemptions and Guidelines should first be re- examined. Prior to City application of these standards, it is essential that more descriptive information and consultation be available for applicants before they proceed with detailed construction plans. If it is decided to move in this direction, it is recommended that: 1. The District Plan Guidelines be reviewed, and more detailed information incorporated, prior to being considered for adoption by Council; 2. Commentary and recommendations be obtained from a qualified heritage consultant on the revised guidelines; and 3. The District boundaries be amended to incorporate currently exempt properties, in order to further District integrity and ensure consistency of heritage control. Heritage Pickerinq Comments As requested, the plans submitted for 325 Whitevale Road have been reviewed by the Committee. Heritage Pickering has used section 5.4 New Buildings in the Whitevale Heritage Conservation District Guide to provide guidance for our recommendations. Heritage Pickering is disappointed to see that none of the feedback provided to the owners in our June 2006 memo, during informal consultation, have been incorporated into this formal application. In light of this fact, Heritage Pickering maintains its concerns previously expressed and has listed the recommended changes to the application based on the Whitevale Heritage Conservation District Guide: 5.4.1 New buildings should be visually compatible with adjacent properties and the streetscape. 5.4.3 Maintain the rural settlement pattern to protect the integrity of this area, and to reinforce the distinct character of the hamlet... The proposed dwelling is significantly larger in size as well as design than any adjacent property. While we do not advocate that the dwelling must match the scale of adjacent Report CS 04-07 Heritage Permit Application HPA 001/06 January 22, 2007 Page 4 'l I)." U -, I' v." - 1"\ ..,.... .,"1 properties, it is reasonable to expect that it would be closer in proportion than in the current application. The site of this property is in a very visible location, and therefore, will have ,a significant impact on the consistency of the settlement pattern. Located on property at the west end gateway of the Hamlet, the proposed dwelling does not maintain the rural settlement pattern. This type of building is more consistent with new subdivisions, not a rural Hamlet that is a designated Heritage Conservation District. 5.4.6 A building form which is proportionately greater in width than depth and of a side gable design is encouraged. Extended rear sections to form the traditional T shape is encouraged where additional floor space, is needed. The owner was encouraged to 'redesign the plans to fit more closely to the above description instead of the current, very modern, design in order for this dwelling to fit more consistently in with the surrounding neighbourhood. 5.4.7 Roofs of new buildings should - match those of neighbouring buildings in shape and pitch; be a side or end gable design; be !ow to medium pitch; utilize cedar or asphalt shingles. Steep pitches, cross-gable, flat and mono-pitch roofs, and polygonal towers should be avoided... It appears from the drawings that the roof lines may not follow some of the above guidelines, namely not being a side or end gable design and the tower-like portion of the west end of the building is not consistent with rural hamlet structures. 5.4.9 Windows and doors in new buildings should - be generally verlical and rectangular; be limited in size so as to be similar to, heritage buildings in the proporlion of openings fo solid wall; avoid the use of snap in muntins, decorative shapes such as bulls-eyes, keystones, quoins and other decorative surrounds. While the majority of windows are vertical and rectangular, there are a large number of windows in proportion to the solid walls. In addition, there are a number of half circle windows and one fully round window that should be removed or replaced. 5.4. 12 Garages should not form a part of the front fac;ade. A less conspicuous location is recommended. Although the garage doors do not face the street, the garage does form a part of the front facade, significantly increasing the overall size of the structure. 5.5.4 recommends garages be located to the rear of the property. The proposed design does follow guidelines 5.4.2 (maximum structure height), 5.4.4 (setbacks), 5.4.5 (street facing walls parallel to the road), 5.4.11 (exterior wall finish). It has been noted that Heritage Pickering's comments represent a shift to a more particular and restrictive approach that has been the case in the past. With the recent passing of the revisions to the Ontario Heritage Act, we now have a better foundation on which to protect heritage assets that was not afforded in the past. While not Report CS 04-07 Heritage Permit Application HPA 001/06 January 22, 2007 Page 5 032. . necessanly popular, recommendations that preserve the heritage of this area are needed. With respect to the liberal approach to implementing the conservation district, specifically that owners were allowed to be exempt, Heritage Pickering is currently working with the Whitevale and District Residents' Association to remove these exemptions. In addition, it should be noted that the current property in the application is not exempt from the heritage district and subject to the guidelines. In fact, the new legislation affords some protection to those exempted properties in Whitevale though policy 2.6.3 which states that "Development and site alteration may be permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Mitigative measurers and/or alternative development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alteration." Heritage Pickering has attempted to implement and use guidelines available to us in considering this application. The provincial Ministry of Culture refers to Parks Canada - Standards and Guidelines for the Conservation of Historic Places in Canada - New Additions to Historic Places recommendations of "Placing a new addition on a non- character-defining portion and limiting its size and scale in relationship to the historic place (Whitevale Heritage Conservation District)." They do not recommend "constructing a new addition so that the character-defining features of the historic resource (Whitevale Heritage Conservation District) are obscured, damaged or destroyed, or the heritage value is otherwise underminded" and "Designing and constructing new additions that diminish or eliminate the historic character of the resource, including its design, materials, workmanship, location or setting" and "Designing a new addition that obscured, damages or destroys character- defining features of the historic place or undermines its heritage value." Based on the points referred to previously, Heritage Pickering believes that guidelines are not being met. In addition, as noted, a review of the current heritage conservation district guidelines so that they may be provided to applicants before they proceed with detailed plans is needed and Heritage Pickering has identified this as a responsibility. In the absence of this, Heritage Pickering has been involved with informal consultations, including with the applicants, in order to provide comments, suggestions and/or recommendations. In this case, the applicants did not see fit to incorporate any of Heritage Pickering's comments into the final plans. While the position of Heritage Pickering may represent a shift from previous positions, it also represents the opportunity to preserve the heritage assets of the City of Pickering. Property owners are aware of restrictions on heritage property, either in a district or individual designations, when it is purchased and it is incumbent on our committee to uphold the protection that designation affords to properties and districts. Report CS 04-07 Heritage Permit Application HPA 001/06 January 22, 2007 Page 6 003 . v \ For the reasons stated above, Heritage Pickering cannot support the plans as currently proposed and would, therefore, recommend that Council not approve the application. Should changes be considered based on the recommendations made in our memo, the owners will achieve a better balance of integration of a new structure onto a prime/gateway location within the Heritage Conservation District. Attachments: 1. Heritage Permit Application HPA 001/06 (Correspondence included as part of the application) 2. Location Map for 325 Whitevale Road Prepared By: Approved I Endorsed By: I)e.b ct...~ Debi A. Bentley City Clerk ~//'--7""''''-~ -=~-, C ~~/#. ~.-!- Gillis A. Paterson Director, Corporate Services & Treasurer GAP:db:ks Attachments Copy: Chief Administrative Officer Recommended for the consideration of PiCkering~zc_~'l'~r' . ft ,( ,r;' // 7 ; ~ .' ./.. '~ I -. j!- - (J /11") /'.'. './:. '.",,-"-.-?..,,~ _' ~....... ... I "l It '\, I E; Tb6mes J. Qui , RD R., CMM hl~ / Chief Admini rative Officer "'-.. ~....._._"'. ATTACHMENT # I C(J 'Qlf- -0'/ TO REPOR>TotIerina C ic Complex Esplanade Pickering, Ontario Canada L1 V 6K7 Direct Access 99905.420.4660 Cityofpickering ,com ..,.... " l'J4: RE(;E8VED CITY OF PICKERING .JUL '1 n 2006 CORPORATE SERVICES DEPARTMENT Clerk's Division Division 905.420.4611 Fascimile 905.420.9685 :Ierks@citv.pickerino,on.ca CLERK'S DIVISION DATEFI :f'^'-\1 10,2.0D.6 APPLICATION NO: HPA- 0::)1/01.0 BH Qb-2c40 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 c'im"aS Cons'tract,on Ltd. ADDRESS OF OWNER 37 Grc~h~er Ave./~CQr./ Ontario POSTAL CODE 1v1i Ie 3 K q TELEPHONE NO. 4lti""2 61- b 77 q EMAIL: d.rY)dlo.nisl.@bellnet.co 2. LoeA TION OF PROPERTY: ADDRESS: 325 Wh',tevale LOT NO. REGISTERED PLAN NO. 3. NAME OF AGENT (IF ANY): ADDRESS: POSTAL CODE TELEPHONE NO. 4. FULL DESCRIPTION OF ALL PROPOSED WORK New oon~tructlO(\ of . ~ln9\e .-f1n11\,j yes;idcntIQ\ . 12. 13. 14. vlty- of Pickering Application for Alteration or Addition to a Designated Property Page 2 5. ,EXISTING.Ma PROPOSED TOTAL FLOOR AREA: EXISTING USE OF PROPERTY: Vace, n t PROPOSED USE OF PROPERTY: '~~ide)1t,cIl l" ') Oc_ .~ t.J ~) 6. 7. 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 OTHER INFORMATION: You may provide other written information or documents supporting your proposal for the City's consideration. 10. 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. 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. 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. OTHER APPLICATIONS: Do you have any concurrent applications (ie: Committee of Adjustment) YES @ IF YES, PLEASE LIST: ~~ SIGNATURE OWNER(S) I\~ ~'~J " . ",' . ....' I i ~._..-:> 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 8K7, 905.420.4660, ext. 2153. 036 CIMAS CONSTRUCTION LTD. , 37 GRANGER AVE. SCARBOROUGH, ONTARIO M1K 3K9 TEL 416-261-6779 FAX 416-261-8687 July 5,2006 Attention Debbie Bentley, City Clerk's Office, My experience with the Pickering Heritage Committee has been confusing and anything but . helpful. At the beginning of the year, before final plans were drawn up and the information for the pennit was collected ie: engineered truss and floor designs, we submitted a preliminary/possible arch.dwg to the Heritage Committee for a new residential home at 325 Whitevale Rd. This was circulated to them through Tim Moore of the Planning Department. In February 2006 two e-mails were sent to us with comments about the new structure (again via Tim Moore). At best these comments/ suggestions were vague and unclear and seemed to promote some architect called BarnOwl, which we are not familiar with?? It was clear that very little time or effort went into the feedback given at this time. In any case, in an effort to comply with the comments/ suggestions and work with the committee, we altered various aspects of the design to comply with the few issues pointed out by them. We were quite happy to make the changes that were suggested at this time. We changed the exterior from brick to batten board, we replaced the metal railings to wood, we altered the palladium windows to a more traditional square design,... We believed that the resulting design would be acceptable because, after all, we had already cleared it through Heritage, thinking that they had given it thorough attention. My question to the committee is why did we not get more detailedfeedback at this stage???? Confidently, we submitted all our documents for pennit review with the building department at City of Pickering ie: revised architectural drawings, engineered truss and floor designs. . . . We have lined up the well and septic tank contractor who will put in the most modem and space efficient model available. On June 1,2006 whenwe were told that the Heritage Committee would not support our proposed plan we were quite frankly surprised and shocked. After reading the new, very detailed comments about the design we felt as though we had been misled. 't ') "'1 l'v t I attempted to contact Pamela Fuselli many times to raise my concerns. She said she would pass my questions along to the committee but I was not allowed to address them myself. We were told that Pickering Heritage would 'be happy to work' with us and I was more than willing to talk to the committee but I was told I could not attend the June 14 meeting as it was called 'ad hoc'(you know, not scheduled). Finally, I e-mailed her to tell her what I had already changed and what could be altered with respect to their comments. No :further discussion was initiated. I was tmder the impression that the Whitevale Heritage Conservation District Guide is a document which offers guidelines not dictates laws. Section 5.4 of the New Buildings in Whitevale Heritage Conservation District Guide uses tenninology such as "should" or "should be avoided" or "is recommended". We have shown a willingness to comply with the suggestions given by the committee and feel that the Heritage Committee has been given too much power in this regard (as to be able to freeze my permit application). They wrote the following in an e-mail, "Their architect should not put any architectural feature on the exterior if they can't find an example of it in the village". Upon travelling through the village, we have found various examples of non-compliance according to these guidelines, such as, brick and stucco exterior fmishes, round and palladium style windows, attached garages, '" At this time it will be costly and structurally difficult to address 5.4.6 and 5.4.7 as altering the roof and floor designs require going through the architect and the engineer again and I have already spent over $ 15,000.00 dollars on architecture revisions and engineering fees. Although, in the spirit to show that we are co-operative and in addition to the changes we have already made, we propose the following: In reference to 5.4.9, we are willing to change the windows size and shape by removing all half circle and round windows. We hope this is agreeable to tlle council and city clerk's office. Regards, Deborah Dionisi Cimas Construction Ltd. 37 Granger Ave Scarborough, Ontario MIK 3K9 Tel: (416)261-6779 Fax: (416)261-868 u~/~J/~OOti IHl 10 5 HO i643 PICKERING PLANNING & DEV ~003 Moore, Tim From: Sent: To: .. Subject: "''.)0 CvO -* Pamela Fuselli [heritagepickering@hotmail.com] . February 22,20065:19 PM Moore, Tim Altona/Whitevale tii Tim, ':'!'":e of :;h:?::.:ri:r,i:te: membe:-s had an additional 3u9gesr:ion '- could rou pass :his ~lcn; ~3 well? " ", ..5us~e5: t~ ~~~ b~ilder that they take a closer look at particular. ~~~:~:es ~n i~i5~i~a architectura within Whitevale and draw from~hose ie, .;;;:hi.: '.i:~.::i::'.:::. =,:,;~flin€s, typical mid-late 1800 architecture. Tn9.< shingle :::::':~;;::'c.:,?:;, ~~l~cian-s'tyle and ca.pe cod windows, metal railing etc, a:e C~: of p:ace, Thei: architect should not put any architectural feature .,.. t:.e e:-:teri.;,r if 1:hey can't find an example or it in the Village i ~self. -~ ~~ey n~~d a ~113gR5tion for an architect who under3tands a bit better how h~ make s~~e:~~n; look old check out Barn Owl designs. She still uses a bi~ =: a m~sh~a5~ cf featu=es but she's better than most, There a=e a :ew I=C tra~i:io~al- like ~he "Rosseau' House" and "Oxford House". h,:':p: I h,;:::, t,;;=,~-:'i:!.::e3igns. com/inde:o:l. htm ., d:.i!,;in;s :r.:a:.:. .t; :.;-;.;:1 i:;: ?::.::-~ :cn't :~s~ Sea~c::. Find! http://search.sympatico.msn.ca/default.aspx The new ~S~ Searc~! :hsc~ it out! .. 1 02l2J/2006rau, 1,0: 905, 420..7648 'c, L'~~~~~~ij'!"~~~fi~"crt> MooreJ~m ,- From: Sent: To:'. Subject: PICKERIN,G j'lANNING &DEV ,",", ;~: :.'.:~ .:..-.::~ a' . '.' . . Pamela Fuselli [heritageplckering@hotmail,com) February 21,20069:19 PM Moore, Tim Heritage PickerIng :;1 Tim ,"; Get::inq oack,t;) you"about, the Altona/Whitevde Road propos~d house plan - I apologize for ,tile de: lay in getting feedback to you. 'While the committee merr'.:'ie:s 1 i ked !iome.,oft~~ ,detdls, there ,we::e some ,co,l1cerns: '". . 1. This c;)rner is the igatewayl~t"O the Whitevale Heritage Conservation Di5trict -any ~uildinq ~hould reflect the characteristics ot this area. Given the majorityot the homes are, at most 1 1/2 storeys, this is what ~~'d rsccrrmend tor thc~e lots. . 2, So~e ot the materials they are proposing to u~~ar~n't consistent with hG:d~aqe homas, ~.9.-met~1 railings; 3. ':-lave s:a:Jtic-: ~heyconsidQied that the house would be supported by a well and . .';' ~eg:.:ds ?arr: . . Take advantageorpo~erful junk e-mail filters built o~ patented Microsoft~ Sm~rtScrA~n Technology,' ' h~:?://join~m$n~co.m/?pgmarket.en-c~&page~byoa/prem&XAPID~1994&DI=1034 ~SU=hi;l;p: / Il',otm=.il. cOnl/encaliHL-Market..MS1'U5_Taglines; S~a:t e~joli~9 allth~ ben~fits ot MSN~ Premium. right now and get the fi Tiit two months FREE"".. .. .g.2 ,Ie' ,",-'. ."'. 1 ..~ n ...~ U.~..j. Vol. , c ., ,. I ; Ii- i j , I , , ~ I I 1 ~ J " 1 1 it n, II J t i ~ ~ : I :, ! Ii ij ~ , ,,' , 1 UO/UJ/'UUO ~u~ !U:J! r.~ ~u~ 4~O . , . Ci.tlj"~ :\'~:_::5ID~ - ~.. (1. J!, ,::'. l;'-:l,U .. ~ .' , . June 1, 2006. j;. .. fl';'; 'j im Moore Chief BU1fding Official City of PIckering " , ',~'.))~ . '.1 . :~'. l, "', ~ ,. " . ;". ", . . . ",. . . Subject: 325 Whitevale. Road . As requested, I've reviewed the plans submitted for 325 Whitevale Road and compared them 'Nit". section 5.4 New Buildings In the Whitevale Heritage Conservation District Guide. Below are my comments:' " S; ,',. 5.4.1 New buildings should be vf;)ualJy ~ompatible with adjacent properties and the streets cape. Given the significant difference In size and design between the proposed building and any adjacent property, these plans do not meet this guIdeline. . . ./ 5.4.3 Maintain the rural settlement pattern to protect the Integrity of this area, and to reinforce the distinct character of the hamlet.... This structure. located at the west end gateway of the Hamlet, does not maintain the rural settlement pattern. This is the type of building you'd expect to find in new subdivisions. not a rural Hamlet that is a heritage conservation district. 5.4.6 A building form whIch is proportionately greater in width than depth and of a side '.; gabre design Is encouraged. Extended rear sections to form the traditional T shape is encouraged where additional floor space Is needed. The owner Is' encouraged to redesIgn the plans to fit the above description instead of the current, very modern, design. ,.., ". . ,5.4.1 Roofs of new buildings should - match those of neighbouring buildings in shape and pitch; be a side or end gable design; be low to medium pitchj utilize cedar or asphalt shingles. Steep pitches, cross-gable, flat and mono-pItch roofs, and polygonal towers should be avoided.... . . It appears from the drawIngs that the roof lines may not follow some of the above guidelines. namely not being a side or end gable design and the tower-like portIon of the west end of the building. 5.4.9 Windows and doors in new buildings should. be generally vertical and rectangular; be limited In size so as to be similar to heritage buildings In the proportton of openings to solid wall; avoid the use of snap In muntlns, decorative shapes such as bulls-eyes, , keystones, quoins and other decorative surrounds. ".,: 'While the majority of windows are vertical and rectangular. there are a large number of windows . in proportion to the solid walls. In addition, there are a number of half circle windows and one . . fully round window. 06 MON 10:J2 FAX 905 420 7648 PICKERING PLANNING & DEV 5.4.12 Garages should not form a part of the front facade. A less conspicuous location is recommended. " Although the garage doors do not face the street, the garage does form a part of the front '. facade, significantly increasing the overall size of the structure. .5.5.4 recommends garages be located to the rear of the property. .~. . . The proposed desIgn does fol/p.w guidelines 5.4.2 (maximum structure height), 5.4.4 (setbacks), 5.4.5 (street facing walls parallei to the road), 5.4.11 (exterior wall finish). While Heritage Pickering can not support the plans as currently proposed, we would be happy to work with the owner to achieve a better balance of integration of a new structure onto a prime/gateway location with the Heritage Conservation District. Regards \. Q~ Pamela Fuselli '. Chair, Heritage Pickering Copy: City Clerk ." ~(I0J C41 Read Message Page 1 of2 '" 4 ,.., L: .:; home fTai'!;';~~~S !ail""x COITJpc*;e CIJeate f~klers tU:Jdtl'!5$e:$ PrefereH.;c~e:t; .$ea';:ch Help Read Message Back to: ~llWJ!ctlilm...E..oMe.r From:"Pamela Fuselli" <heritagepickering@hotmail.com> Q Date:2006/06/15 Thu PM 03:35:38 GMT.04:00 To: dmd ion isi@bellnet.ca Subject:Re: 325 Whitevale Road (Choose Fold$.r)X\ . ,_.;.....~.,-,,:.-'..........~~"'..'........","""t..!M!....-.......'-'......'ol Hello Deborah, "01 getting back in touch to let you know that the committee's decision was to uphold our recommendations from June 2006. In response to your request to attend, as the meeting was ad hoc (not a regularly scheduled meeting), it was not open to the public but for committee discussion purposes. Please get in touch with Tim Moore, who I have already advised of our decision, for the next steps. Regards Pamela Fuselli Chair, Heritage Pickering >From: <gmQiQ.nl~j.@R~Jl!J.~t!;.;p > To: .Pamela Fuselli" <h~r.it!K~pl~~.~rlrrg@hQ.tm~!L~9JTI> >Subject: Re: 325 Whitevale Road >Date: Wed, 14 Jun 2006 15:54:39 -0400 > >Good Afternoon >1 have not heard back from you regarding whether it is possible to attend >the meeting scheduled for tonight. Do you have a time and location for me? >Regards, >Deborah Dionisi >Cimas Construction Ltd. > > >> > > From: "Pamela Fuselli" <h~rj.t,gg~l2i.ck~I[!]g@hQlmgILcom> > > Date: 2006/06/12 Mon PM 03:29:21 GMT-04:00 > > To: g_m_Qj.QDJ~l@p.~J!JJ~t_c;E! > > Subject: 325 Whitevale Road >> > > Hello, >> > > , have scheduled an ad hoc meeting of Heritage Pickering for this >Wednesday, > > June 14. If you could send your questions to me via email, we can >discuss > > them at this meeting and then get back to you by the end of the week. >After - > > you've had an opportunity to review the information, we can schedule a > > meeting if needed. >> Read Message :> :> As I do most of the committee work on evenings and weekends, you can use :> :> this email address or my home telephone number to reach me. :>:> :> :> Regards :> :> Pamela Fuselli :> :> Chair, Heritage Pickering :>:> :>:> :> :> Fashion, food, romance in Sympatico / MSN Lifestyle :> :> httRi /1[f@'~~_~llittifQ,.m~o.,-Ga/H9JI!e/ :>:> :> Movies, Music & More! Visit Sympatico / MSN Entertainment ht.m.;.lj"@"lJ.t~iglnm!ill t. syrrlP-.at ico ,.rrL~lL~a.L Priv<'\I:Y Polley Wireless Email eCare FAQ Page 2 of2 C43 (Gq9P"~e.~f.9Icj 2ItuS' Back to: ~..9..!l~lructlon F'oJ!!/g[ R~d.&L~AiP "'- !~:)/J6a86 SSa8~3:v86ZdaL~Z~66a8S SvVaJ r $P!uo!ssas$~:nauIJdq'ua' I~aMJfdUq C4.i h;QrlH! fn:m:;~1j5 Zobel( Compos\? Create fold.us Addr!!ss-es Pref.er.eilce:; Search H.e!t' Read Message Back to: Constr]l.!;tiQILfQ.kI.~.r From:"Pamela Fuselli" <heritagepickering@hotmail.com:> Q Date:2006/06/10 Sat AM 09:18:04 GMT.04:00 To: dmdion isi@bellnet.ca Subject:RE: 325 Whitevale If_Qg~~~f~~2.~r)}~~Vil Thank you for your email and telephone messages. I have been away on business so was not able to respond to your messages. Some information that may help you understand our role. Heritage Pickering is an advisory committee to the City and our committee members are appointed volunteers. While I am the Chair, committee business is conducted by the entire membership. I have forwarded your request to the committee and will be in touch this coming week to let you know the next steps. Regards, Pamela Fuselli Chair, Heritage Pickering :>From: <.9..mq19Jll~@Q.~.lo~.L<;'g.:> :> T 0: <!l~.rlt.ag~P'jf!:H~.r:jDg@h9..t.m9..[L.!;'Q.rrP :>Subject: 325 Whitevale :>Date: Wed, 7 Jun 2006 12:31:06 -0400 :> :>Good Afternoon Ms. Fuselli, :>1 am one of the officers of Cimas Construction Ltd. who is waiting on a :>permit to construct a single family dwelling at the above address. :>1 would like to met with you to discuss your comments regarding this :>project. I have various questions for you and your attention to this :>matter. :>Please contact me to set up an appointment ASAP, :>we can cannot afford further delay in this matter. >Regards, :>Deborah Dionisi :>Cimas Construction Ltd. > Auto news & advice -check out Sympatico / MSN Autos h.lt.Q~/ / ~IL.9ill9~,.~Y.mQ-,ltif9 .111?n&g1.Q~f.i;!!,-lt~~.p.~ . ~S~~[9]~];~gl~.~~.. Back to: k.Q!1~.tnJ.~Jion...f.9.lqf1r l;'k"Evio];CY Pn!ac';t V~:7h',etesz !:il'}i:;"ii! eC6re fAQ Read Message Page 1 of 1 - home fT,aill~;ajs !nbc.x Compose Create folders Addl'<2::;Sf:5 Prefe;!;lr!ces $12l1rCn Help Read Message Back to: .5-cm.tM~gg~ From: <dmdionisi@bel/net.ca:> Q Date:2006/06/14 Wed PM 03:54:39 GMT.04:00 To:"Pamela Fuse"i" <heritagepickering@hotmail.com:> Subject:Re: 325 Whitevale Road Good Afternoon I have not heard back from you regarding whether it is possible to attend the meeting scheduled for tonight. Do you have a time and location for me? Regards, Deborah Dionisi Cimas Construction Ltd. :> :> From: "Pamela Fuselli" <b.er!l~~.i~.!s?.l.ing@ILQ.tm9.J.l~m:> :> Date: 2006/06/12 Mon PM 03:29:21 GMT.04:00 :> To: gmg1911~i@J~ellfl_~"~!1!. :> Subject: 325 Whitevale Road :> :> Hello, > :> I have scheduled an ad hoc meeting of Heritage Pickering for this Wednesday, :> June 14. If you could send your questions to me via email, we can discuss :> them at this meeting and then get back to you by the end of the week. After :> you've had an opportunity to review the information, we can schedule a :> meeting if needed. :> :> As I do most of the committee work on evenings and weekends, you can use :> this email address or my home telephone number to reach me. :> :> Regards :> Pamela Fuselli :> Chair, Heritage Pickering :> :> :> Fashion, food, romance in Sympatic() 1 MSN Lifestyle > h. ttQ;Jllife~tY-!!l-,-~y.m1LcU:l~Q.,m sn . ~Sll I:!.QJI1~ :> Backto:S~nt]aes2~g~~ Prhl3CY Pelkv ~/ireie$$ E~ll~~i! er;ar(~ FAQ Read Message Page 1 of2 " 4"'" (. ''') ..... \. home ~fran';a~s In~ox Cornpese Cr~eate Fc5ders Addrest.e$ Pr.thr.enc~s Sear<eh Help Read Message Back to: 2eJ1~U9g~ From:<dmdionisi@bellnet.ca> Q Date:2006/06/12 Mon PM 05:48:29 GMT.04:00 To:"Pamela Fuselli" <heritagepickering@hotmail.com> Subject:Re: 325 Whitevale Road j~~!:~~~~".F?1~9X{i.i&1 Good Afternoon, We at Cimas Construction Ltd. have accommodated your previous requests/comments made February 21 & 22,2006 ie we changed metal railings to wood, we changed brick to batten board, we have moved the garage from front facing to side facing.. I think this design has a distinctly heritage feel. In fact, it is compatible with the homes found at the eastern end of the village. I am willing to change the circular and semi.circular windows on the front facade. Conversely I am not willing to change the floor plan or roof design. Is there any way for me and my associate to attend the Wednesday meeting?? Regards, Deborah Dionisi Cimas Construction Ltd. > > From: "Pamela Fuselli" <!:L~rit!g~Q.lc;:j(~rll1g@b.Q.tm~lL~.QD.1> > Date: 2006/06/12 Mon PM 03:29:21 GMT.04:00 > To: ~rnglQ!Jl~i@R~JJD~.L~f! > Subject: 325 Whitevale Road > > Hello, > > I have scheduled an ad hoc meeting of Heritage Pickering for this Wednesday, > June 14. If you could send your questions to me via emaH, we can discuss > them at this meeting and then get back to you by the end of the week. After > you've had an opportunity to review the information, we can schedule a > meeting if needed. > > As I do most of the committee work on evenings and weekends, you can use > this email address or my home telephone number to reach me. > > Regards > Pamela Fuselli > Chair, Heritage Pickering > > > Fashion, food, romance in Sympatico / MSN Lifestyle > httP..l.LUfe ~J"y'!~,~YmRgti~o. t.n~X1-,-GiljJ:LQDIe / > .f.~;8g~~~jlpi9taL Back to: Sen!.N1~~sag~ P;iv.llIc!' Pc.liey Vlfi.rc!""~~s Email eCar.e FAQ I ATTACHMENT # Z TO REPORT# c:, ~o - ob ........ y.-- ( ( \ ,....0 I" rH IR HWIN WHITEV ALE 1I1 I \ I 10 ..J 1 ..J :2 WHITEVALE ROAD WHITEVALE ROAD I P U I ~ I (I) >- I- Z a::: 0 ~ .~ I \ ITI \ ......... r- \T "" I I~ ~ PROPERTY / ------- I I 0 <:( 0 - n::: <:( ( z 0 f- ~ -.J <:( City of Pickering Planning & Development Department PROPERTY DESCRIPTION CON 4, N PT LOT 32, PLAN 21 LOT 1, 2 & PT LOT 3, RP 40R-9543 PART 1,2 l' OWNER CIMAS CONSTRUCTION LTD. DATE OCT 2,2006 DRAWN BY JB FILE No. HPA 001/06 SCALE 1 :5000 CHECKED BY TM OaT~,.~:~(C;~~erpriaes Inc. and its .uppliers. All rights Reserved. Not a plan of survey. PN-RUR 2005 MPAC and its suppliers. All ':'lahb ReSierved. Not '0 plan of Survey. 47 C4B CORPORATE SERVICES DEPARTMENT CLERKS DIVISION MEMORANDUM February 23,2007 To: Mayor and Members of Council From: Debi Bentley City Clerk Subject: Addendum to Report CS 04-07 Heritage Permit Application 001/06 Submission Under the Ontario Heritage Act 325 Whitevale Road, Pickering Further to Council direction, please find enclosed the consultant's report, Unterman, McPhail Associates, Heritage Resource Management Consultants, relating to the above Heritage Permit Application. This matter is listed as Item #1 on the February 26, 2007 Executive Committee agenda. Copy: Chief Administrative Officer Department Heads Deputy Clerk f.""';~-'''''''' i CAO rrr,J l"~4 ,') . v s RECEIVED FILE FO...LOW UP !-.~ r'D - COP -CIRCULATE ~~XOR ~~~~~~G ..:.t.iJ!.~~.5i: S E R v. ~~~~:~l .__.....-....~.---~~;"''''.', AN McPHAIL .u..SSOCIA.TES Ms. Debi A. Bentley, CMO, CMM III City Clerk, City of Pickering Pickering Civic Centre Complex One The Esplanade Pickering, Ontario, Ll V 6K7 21 February 2007 Dear Ms. Bentley: Re: Peer Review for Heritage Permit Application (HP A 001106) -No. 325 Whitevale Road, City of Pickering. Unterman McPhail Associates was retained by the City of Pickering as the Heritage Consultant to complete a Peer Review of the Heritage Permit Application HP A 001/06. Further to our review of the file documents supplied by the City of Pickering we offer the following comments as requested. The open lot property at No. 325 Whitevale Road exists within the delineated boundary of the OHA Part V designated Heritage Conservation District of the Hamlet of Whitevale. The package of information supplied by the municipality contained a number of pertinent documents including: · the background Report to Executive Committee, Report Number: CS 04-07, dated January 22, 2007; · the Heritage Permit Application dated July 10, 2006; · correspondence from the applicant CIMAS Construction Limited; · email between Heritage Pickering and the applicant; · the June 1,2006 Heritage Pickering's plan review letter for No. 325 Whitevale Road; and, · a set of proposed design/construction drawings prepared for the applicant by Forum Architect Corporation. The Heritage Permit Application process was initiated by the Applicant for the purpose of the construction of a new residential building on an open lot located in the southeast corner of Whitevale Road and Altona Road. The Applicant's package included a set of proposed design drawings dated January 2006. The drawings show the site plan with the building footprint, exterior elevations, massing, roof plan, walling type, cross section and floor plans, and wooden porch detailing and door and fenestration design. The drawing 'Ke-fcV *=0 l+c:~v,-~ I of FC:.-b t l~'-Oj''-j :Z (0 10 i '" ,.-"~ ,..... l':JJ Heritage Permit Application HPA 001/06 2 set received by our office did not show the replacement of round and half round windows as mentioned in the July 5, 2006 correspondence from CIMAS Construction Ltd. to the City Clerk. The Applicant indicates in the same correspondence to have read the Whitevale Heritage Conservation District Guide stating the guide uses terms such as "should" or "should be avoided" or "is recommended" in discussing proper approaches to design within the Heritage Conservation District. Further the Applicant mentions the discussions with Heritage Pickering were "confusing and anything but helpful". The Chair of Heritage Pickering, Pam Fuselli prepared a letter report dated June 1,2007, reviewing the proposed design and determined the submission did not comply with the Whitevale Heritage Conservation District Guide section 5.4 New Buildings under guidelines, 5.4.1, to 5.4.7 and 5.4.9, 5.4.11 and 5.4.12. Review Comments The site is located on the western gateway to the hamlet. Any new structure in this location will playa significant role in establishing the setting of place within this historic community. With this in mind the following comments are offered regarding new construction. · New building design should be sympathetic to the context and character of the existing built form. · New buildings should try to demonstrate that they are a product of the present period of development either in material type, design or method of construction. · New buildings must be considerate of community guidelines created to encourage new built form. · New construction should enhance the context rather than detract from it. Therefore the following observations on the proposed design are offered on the drawings submitted with the application. · The height of the proposed residence is higher than the predominant and existing adjacent properties as well as nearby properties in the west section of the hamlet. · The large size of the building footprint is not consistent with the existing built heritage form in the hamlet. · The roof plan is more complex than surrounding structures found in the hamlet. · The garage projects forward from the front elevation wall of the main building making the element a prominent design feature. · The design does include vertical wood window and door types that are consistent with the shape of windows and doors found in the hamlet. · The use of board and batten exterior cladding is a sympathetic building material. · The proposed round and half round windows will be eliminated from the design according to the Applicant's correspondence dated July 5, 2006. · The porch detailed in wood is a sympathetic design element. · The review of the process based on the Executive Report and correspondence from the Applicant and Heritage Pickering indicates the consultation and application process did not function properly resulting in an agreed design Unterman McPhail Associates February 21,2007 Heritage Permit Application HPA 001/06 3 " 5 .. L' J.. concept that meets in a constructive manner with the municipal guidelines. Although the Applicant appears to have sought due process through consultation in a manner consistent with the Permit Application process and a Heritage Committee review in a timely manner, these actions did not occur. The result is the submitted proposed design from the Applicant. Recommendations on the Proposed Design Before approval of the Permit Application consideration should be given to separating the garage from the front elevation. The garage should be either a stand-alone structure, which would reduce the footprint and allow the front fa~ade with wooden porch to be the dominant character when viewed from the street, or placed to the rear of the building on the east elevation. When the proposed design is accepted the following information should be required from the Applicant. · A description and sample of the asphalt roofing style/type and colour to accompany the permit application documentation. · A wood window and door schedule to accompany the permit application documentation. · Detail drawings of the porch roof, decorative wood detailing, posts, stairs, railings and handrails to accompany the permit application documentation. · A landscape plan showing the site context to be included with the permit application documentation. Some vegetative screening along the western property line will aid in enhancing the site and the viewscape when driving east along Whitevale Road and north from Altona Road. Furthermore, it is recommended that the City of Pickering consider a timely review of the Whitevale Heritage Conservation District Guide in order to revise the existing guidelines and process to make it consistent with new provisions of the Ontario Heritage Act, the Ministry of Culture's Standards and Guidelines and new Provincial Policy Statement. New guidelines should be developed to assist in the review of new infill construction and additions within the hamlet. The Heritage Permit Application and Heritage Committee review process should be transparent and timely and committee reports should be filed using consistent language. We trust this review is satisfactory. If you have questions, please contact our office. Regards UNTERMAN McPHAIL ASSOCIATES $dwJ~L[~ Richard Unterman, M.A., CAPHC Unterman McPhail Associates February 21, 2007 CiuJ 0# REPORT TO COUNCIL Report Number: CS 13-07 Date: March 19, 2007 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Cash Position Report as at December 31,2006 Recommendation: That Report CS 13-07 from the Director, Corporate Services & Treasurer be received for information. Executive Summary: The attached schedules provide the City of Pickering's cash position, continuity of taxes receivable, outstanding investments, development charges collected and other development contribution information for the six months ended December 31,2006. Financial Implications: The cash position of the Corporation for six months ended December 31, 2006 was a net decrease in cash of $1,116,987 to $2,762,822. Sources of Funds totalled $115,201,606 and Use of Funds totalled $116,318,593. Background: This report presents a six-month period of activity ending December 31,2006. The discussion below describes the purpose and the information contained in each of the attached schedules. Statement of Cash Position: Attachment 1 reflects the sources and uses of funds for the second half of 2006. Subcategories have been identified to highlight those cash transactions that are significant in nature or large dollar value transactions for the City of Pickering. This schedule summarizes the decrease in cash of $1,116,987 over last six months. The 2006 year end balance is approximately $220,000 more than 2005. Year to year periodical comparisons may not be useful due to timing of receipts and disbursements. In addition, year end cash balances are set to meet cash flow requirements early in the following year. Continuity of Taxes Receivable: Attachment 2 summarizes the tax related transactions from July 1 to December 31, 2006 and provides the outstanding taxes receivable as at December 31, 2006. This balance represents all three levels of taxes billed, such as City, Region and School Boards. Year end amount receivable has increased over the Report CS 13-07 Date: March 19,2007 Subject: Cash Position Report as at December 31,2006 Page 2 C. ~ . ;J' t past several years but may vary where due dates and amounts for supplementary billings change from year to year. Arrears for the current year of $6.0 million is approximately 4.2% of the $143.4 million total taxes billed in 2006. Total outstanding balance of $11.8 million is approximately 8.2% of the $143.4 million total taxes billed in 2006. The 2006 year end balance is approximately $1.0 million higher than 2005. Municipal budgetary increases have translated into higher taxes billed which in turn resulted in an increase in property taxes receivable. Outstandinq Investments: Attachment 3 reflects the short-term and long-term investments for both the Current Fund and the Reserve Funds outstanding as at December 31, 2006. There has been a steady increase in investments over the past few years primarily as a msult of excess funds that are on hand due to pending assessment appeal and timing of collection and remittance of development charges and supplementary taxes. The year end investment portfolio balance of $51.1 million plus internal loan of $5.1 million for a total of $56.2 million is up from $48.9 million in 2005 and $41.1 million in 2004. Development Charqes Collected: Attachment 4 indicates the total development charges for the City, Region and School Boards, as the City is responsible for collecting development charges on behalf of all levels of government. The total amount collected of $1,150,473 agrees with the balance indicated under Sources of Funds on Attachment 1. However the remittance of development charges to the Region and School Boards indicated under the Use of Funds is different than the total collected on Attachment 4. This variance is a result of timing differences because payments to the Region and School Boards are due 25 days following the month collected. Other Development Contributions: Attachment 5 is provided to show other significant development contributions that have been received. The balance of the tables shows multi year receipts. 2006 collections of the City portion of development charges are up over 2005 but are significantly lower than in prior years. This decline in collections reflects the minimal growth the City experiences. In addition, building permits issued decreased by 34 units from 610 in 2005 to 576 in 2006 resulting in an equivalent decrease in revenue. Report CS 13-07 DatE3: March 19,2007 Subject: Cash Position Report as at December 31, 2006 L-\ ~ /' ; V":t Attachments: Page 3 1 . Statement of Cash Position 2. Continuity of Taxes Receivable 3. Outstanding Investments 4. Statement of Development Charges Collected 5. Other Development Contributions 6. City Portion of Development Charges Collected 2003 - 2006 7. Building Permits Issued 2000 - 2006 8. City Portion of Development Charges Collected 1991-2006 Prepared By: Approved I Endorsed By: iJ /1" d!I~ {'n jJ. (,p..fd~-tI?L-- Dennis P. Arboleda Supervisor, Accounting Services o#,.....':~..,.""::~:.} ~"""':I'"....<,j ..~/ /;."., ....,..;;,..':....-...."'-..."<. _~:::._~t~.;~~::?"'"""'"~:...... Gillis A. Paterson Director, Corporate Services & Treasurer GAP:da Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Counc"J / ,",,- .....,.._.....'m""./~./ :/ / /,(/' .,' T!)6in~"J. Quinn, I MR. C Chief Administrative Officer , ' it 1.._."",7"0 REPORT # C'S..(~-07 City of Pickering Cash Position Statement for six months ending December 31, 2006 n ,.. \...' ~ Sources of Funds: Accounts Receivable collected $ 544,988 Development charges collected 1,150,473 Operating 29,093,508 Grants-in-lieu: Federal 1 ,669,539 Provincial 1,557,123 Ontario enterprises 5,690,963 Municipal enterprises 1,356,324 Linear Properties 1,704,639 Federal specific grants 24,099 Ontario specific grants 159,786 Interest Income 1,383,322 Sale of land - Tax payments received 70,866,842 POA Revenue - Total $ 115,201,606 Use of Funds: Operating and Capital Expenditures $ 40,658,176 Payroll 14,373,076 Region Levy 39,067,337 Regional portion of Dev. Charges 666,045 School Board Levies 20,302,007 School Board portion of Dev. Charges 78,995 Debenture payment to Region 1,039,619 APTA Funding 133,338 Total $ 116,318,593 Net Cash Increase (Decrease) $ (1,116,987) FINANCIAL POSITION Bank Balance Net Cash Bank Balance July 1,2006 Provided (Used) December 31, 2006 Current Fund $ 3,879,809 $ (1,116,987) $ 2,762,822 TOTAL $ 3,879,809 $ (1,116,987) $ 2,762,822 J Note: Includes City, Region and School Boards Cash Position 2nd half 2006NET CHANGES C) CD CO c ::s 0 'I: ~ 0 CD N ~ 'G) ,~ '("" 0 M Q. CD - tr: U 0 In CD ~ CD C >< C) 0 ~ C - 'C 0 C ~ CD ~ In :::I .c C - :i:l C C 0 0 E 0 CD e .c - '- .E \ ... t'" .I\J V '<:t CO 1.0 ...... co 0) CO I 00 0 0) C\l CO ...... ...... ...... ...... CO q 1.0 0_ q co_ 1.0 en CD Cp cO C\l u) ...... C\l ('t) cO ...: 1.0 C\l CO ...... 0) ...... 0 N 0 :a 0)_ ('t) N.. ('t) N.. ...... 1.0 ~ - ca .... 1.0 C\l ...... ...... .... ('I) > fA- .... U 'ii) U Cp Cp C 0::: ........ ........ ........ ........ (0 ........ ........ <0 "0 1.0 0) CO ...... C\l ('t) .11 ...... ...... C\l 0) ...... 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Paterson Director, Corporate Services & Treasurer Subject: Statement of the Treasurer Respecting 2006 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Bodies Recommendation: That Report CS 15-07 of the Director, Corporate Services & Treasurer regarding Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2006 be received. Executive Summary: Section 284(1) of the Municipal Act 2001 states in part that the Treasurer of every municipality shall, in each year, submit to the Council of the municipality, an itemized statement of the remuneration and expenses paid to each Member of Council. The statement must also include remuneration and expenses paid to any other person who has been appointed by Council to serve as a member of any body. Financial Implications: None Sustainability Implications: sustainability. This report contains no information pertaining to Background: Over the last few years this report has evolved to include various categories of expenditures that have been interpreted to be required under the new Municipal Act and/or financial reporting requirements of the Province of Ontario or professional accounting bodies. The reference in the Act to "...expenses paid...to ..." has been interpretated to also include expenses paid on b€!half of a Member of Council or appointee. For example, assume two Councillors incur the same registration expense to attend the same conference. One puts it on his charge card and seeks reimbursement from the City while the other has the City billed directly. There should be no difference in the Report CS 15-07 Date: March 19, 2007 Subject: Statement of the Treasurer Respecting 2006 Remuneration and Expenses of Members of Council and Council Appointees (} 6 ,::10 Boards, Agencies and Other Boards Page 2 reporting treatment due to the method of payment and this interpretation will accomplish that. It also complies with what I believe is the intent of the legislation. The report excludes expenditures that are corporate in nature, for example school awards, promotional items and photography, and that are not directly associated with any individual Councillor. Council receptions, Committee meeting expenses and City Hall administration and overhead expenses are also excluded. Payments made by Veridian Corporation to Pickering Council appointees to the Board have been included. This comes about as a result of a review of the Act and enquiries made to Veridian and its legal counsel. While the Act refers to expenses paid, it is silent as to paid by whom. Furthermore, the Act also stipulates that any body to whom a Council appointment is made must provide the municipality with a statement of remuneration and expenses paid for the year. This has been interpreted to mean that this information must be included in the Treasurer's report to Council. Several other bodies to which Council makes appointments have also been included as an "other body" as required under the Act. However, the many community committees and groups that Councillors are appointed to have been excluded as, to the best of my knowledge, no remuneration or expenses are paid. The amounts paid by the Region of Durham to Regional Councillors are not included in this report. Attachments: 1. Remuneration and Expenses of Members of Council 2. Detailed Breakdown of 2006 Expenses 3. Remuneration and Expenses of Council Appointees 4. Remuneration and Expenses Paid by Veridian Corporation to Council Appointees Report CS 15-07 Date: March 19,2007 Subject: Statement of the Treasurer Respecting 2006 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Boards Page 3 l'\ 6"'~" , ,,) Prepared By: Approved I Endorsed By: ') C'j. ......~.:)/"s:'.~ 7' )/~ G./'4 ..' \(.../' Avril Payne Audit Analyst v ---::;6---Q~:. c...",..,c:::::::::...~~-_..."._... '.. . .......p....,~~~-~ -- '~. ~~~ - ->_"'",;..-.,...~.,,;.~,:-.,..,.-- -_...~,'~~.;"-.-.",.~ - Gillis A. Paterson Director, Corporate Services & Treasurer GAP:ap Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ,.,' ,,,,,- ,/ '-" 6"" u~o f/) W f/) rx:..JZ w-w rx:Oc. ::JZ>< f/)::JW <(Oe wOz rx:)-<( I-!::z u.oo Ou.- !zo~ wCl)w :effiz Wm::J !;;(:e:e I-WW f/):erx: CD o o N 't:l_, Clll_ Ill....~ ..0_ C)I- ~I- Ill~ .. - I- CD (.) 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W a> - - s:: 0 U C ell >- a: o ' >,0 co ~ (0 o --- to > 00 (0 >z -S2 o ' (0 () Zc 0 Gl ,co -- 0 c2c ~ - CO....OcO Gl "'")GlCllo_CCCll -CQjCll>,COCQ) CIlGlC~CGl~032 o..c:~()..c:-:;:::()O() =~coi:5~S~bO:: () , s~~cio::a:ia:i--)ci o o #~ TO REPORT#ll!.~,;o7 '\ 6 ,-, C'"(j STATEMENT OF TREASURER COUNCIL APPOINTEES 2006 REMUNERATION AND EXPENSES Remuneration Expenses (7) Total $ $ $ Committee of Adjustment (1) K. Ashe (6) M. Billinger (5) 1,280 1,032 2,312 C. Braney (5) 1,040 107 1,147 D. Johnson (8) 1,280 71 1,351 S. Kular (6) E. Newton (8) 960 36 996 B. Utton (5) 1,040 121 1,161 K. Wilkinson (6) 5.600 1.367 6.967 Fenceviewers/Property Standards Committee (2, 4) K. Bannister (6) A. Burtney (8) G. Fernandes (8) R. Fleming (8) M. O'Connor (8) P. Scott (5) 80 80 80 36 80 116 80 240 36 276 Livestock Valuers (3) J. Laider (8,10) S. Wideman (5) 400 19 419 400 =- 19 419 ACHr1Ej\JT:#, ,_~TO REPORT#...c:.s.<JS""-- iJ7 STATEMENT OF TREASURER COUNCIL APPOINTEES VERIDIAN CORPORATION BOARD OF DIRECTORS 2006 REMUNERATION AND EXPENSES '~ 6 '.' ( ..J' '-, \ Remuneration Expenses (4) Total $ $ $ Veridian Corporation (1,2) Board of Directors (3) D. Ryan (8) 9,954 25 9,979 M. Brenner (5) 11,250 11 ,250 D. Dickerson (7) B. McLean (8) 10,254 25 10,279 D. Pickles (8) 9,954 9,954 S. Trepanier (6,9) 9,954 5,673 15,627 51.366 5.723 57.089 NOTES TO VERIDIAN CORPORATON BOARD OF DIRECTORS: (1) The above information was provided by the Vice President, Corporate Affairs, Veridian Corporation. (2) Remuneration and eXpE3nSeS are paid by Veridian Corporation as may be established by the Board of Directors. The term of office for the Board follows the calendar year therefore, the above expenses are for 12 months ending December 31,2006. (3) Appointed by Council under City of Pickering By-law 6213/06. (4) Expenses include conferences, meals and mileage. (5) Appointed by Resolution #107/04 to replace Councillor Holland. Includes remuneration for appointment as Vice Chair. (6) Council appointees for term ending November 30, 2006 (7) Council appointees for new term commencing December 1, 2006 (8) Continuing member (9) The citizen appointment for new term commencing December 1, 2006 is deferred pending submission of names for nomination by Veridian Corporation. ,., rAi' l' (' ; Q , 1-, Remuneration $ Expenses (7) $ Total $ Pickering Public Library Board (3) K. Ashe (5) O. Chaudhry (8,9) K. Cummings (5) J. Duncan (5) P. Irwin (8) B. Littley (6) J. Lucas (8) B. McLean (5) J. O'Connell (6) J. Sabean (6) P. Savel (8) S. Van Steen (6) H. Van Leeuwen (8) 10 10 285 _295 285 295 NOTES TO COUNCIL APPOINTEES: All payments are authorized under Council's adoption of the 2003 Current Budget. (1 ) Authority: By-law 5242/98 Municipal Act, 2001 Section 283 (2) Authority: By-law C-1 Municipal Act, 2001 Section 283 (3) Authority: By-law 6213/06 Municipal Act, 2001 Section 283 (4) Authority: By-law C-1 Building Code Act Section 15.6 (5) Council appointees for term ending November 30, 2006 (6) Council appointees for new term commencing December 1, 2006 (7) Expenses include conferences, travel and meeting expenses (8) Continuing member (9) By-law #6532/05 O. Chaudhry to replace K. Rathee (10) By-law #6597/05 J. Laider to replace A. Singh CilLJ o~ l'\ "1 .' . 1.1. March 19, 2007 BY-LAWS 6745/07 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property. (By-law attached) 6746/07 Being a by-law to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. (Implements the Procedure By-law as presented at the Council Strategy Session on February 9, 2007. By-law attached) . THE CORPORATION OF THE CITY OF PICKERING '\. 7 r~", l " ~.- BY-LAW NO. 6745/07 Being a by-law to appoint By-law Enforcement Officers for the Purpose of Enforcing Parking Restrictions on Private Property WHEREAS pursuant to section 15(1) of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as: a) DCC 155-134 Altona Road, Units 1-20, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1370 Fieldlight Blvd. Mats Johanssa Allyson Peacock Paul Smith Roy Warren Michael Graham Bradley Berezowski Dennis John Jeyachchandran Manikasingham Richard T orraville Larry Putnam William Brulotte George Treschak Everton Collington b) 928 Liverpool Road Mark Van House 2. The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. 3. These appointments shall expire upon the person listed in section 1 (a) ceasing to be an employee of Knights on Guard or upon Knights on Guard ceasing to be agents for DCC 155-134 Altona Road, Units 1-20, 650 Kingston Road, 705 Kingston Road, 1915 Denmar Road and 1370 Fieldlight Blvd whichever shall occur first or upon the persons listed in section 1 (b) ceasing to be associated with the Peace Lutheran Church at 925 Liverpool Road. Bv-Iaw 6745/07 (Continued) Page 2 n""','0 '- oJ 4. The provisions of this by-law shall come into force and take effect on the day of the final passing thereof. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2007. David Ryan, Mayor Debi Bentley, City Clerk CORPORATE SERVICES DEPARTMENT C 7 :1 CLERKS DIVISION MEMORANDUM March 14,2007 To: Debi A. Bentley City Clerk From: Linda Roberts Committee Coordinator Subject: Procedural By-law - Updated to Reflect Municipal Act Provisions File: A-2100 Further to the Council Strategy Session held on February 9, 2007, the Procedural By- law is hereby presented for approval by Council. The by-law also reflects the changes to the Governance Structure as approved on February 19, 2007. A copy of By-law 6746/07 is attached for presentation at the March 19, 2007 meeting of Council, as per Council direction. ~ /<e6P--cA Linda Roberts THE CORPORATION OF THE CITY OF PICKERING 07/5 BY-LAW 6746/07 Being a by-law to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.D. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: DEFINITIONS 1. In this By-law; a) "Act" means the Municipal Act, S.D. 2001, c.25, as amended or re- enacted from time to time; b) "Chair" means sLlch Councillor as may be delegated for the purpose of a Standing Committee and in the case of Advisory Committee, means the Chair of the Advisory Committee appointed in accordance with the terms of reference for the Advisory Committee; c) "Chief Administrative Officer" means the Chief Administrative Officer of the City of Pickering; d) "Clerk" means the Clerk of the City of Pickering; e) "Committee" means Committees including Standing Committees, Ad-Hoc Committees and Advisory Committees, which may be appointed by Council from time to time; f) "Council" means the Council of the City of Pickering; g) "Mayor" means the Mayor of the City of Pickering' h) "Meeting" means any regular, special, committee or other meeting of Council and advisory committee; i) "Member" means a member of the Councilor Committee. By-law 6746/07 Page 2 of 20 j) C7G k) "Recorded Vote" means the making of a written record of the name and the vote of each Member who votes on a question; "Rule of Procedure: means the rules and regulations which are set forth in th is by-law; I) "Substantive Motion" means any motion except one of the following: i) to refer; ii) to defer/postpone; iii) to amend; iv) to table the question; v) to recess; vi) to put the question; vii) to reconsider; viii) to adjourn; ix) to divide. APPLlCA TION 2. The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and shall be the rules of order and dispatch of business in Council and, where applicable in a Committee. In the case for which provision is not made in this By-law, the procedure to be followed shall be determined by a majority vote of the Members present and voting. MEETING OF COUNCIL 3. First Meetinq a) The first meeting of Council shall be held on the first Monday after Council takes office pursuant to the Municipal Elections Act; b) The order of business for the first meeting of Council shall be as follows: i) Call to Order ii) Invocation iii) Swearing in ceremony iv) Inaugural address v) Adjournment. 4. Reqular Meetinqs All regular meetings of the Council shall be held on the third Monday of each month at the hour of 7:30 p.m. unless otherwise provided by resolution of the Council or unless such a day shall be a public or civic holiday in which case the Council shall meet at the same hour on the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of the Council. By-law 6746/07 Page 3 of 20 077 5. Special Meetinqs a) In addition to re~}ular meetings, the Mayor may at any time summon a special meeting of Council by giving written direction to the Clerk stating the date, time and purpose of the special meeting; b) Upon receipt of a petition of the majority of the Members of Council, the Clerk shall call a special meeting for the purpose and at the time and date mentioned in the petition; c) The Clerk shall give all Members notice of a special meeting of Council twenty-four hours before the time appointed for such meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail address provided by the Member of Council to the Clerk for delivery of Notices, and in default of provision of such address, to the member's City Hall office; d) The notice to be given under clause c) shall indicate the nature of the business to be considered at the special meeting, date, time and place of the meeting; e) No business other than that indicated in the notice shall be considered at the special meeting. 6. Place of Meetinqs All regular meetings of the Council shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by Council. 7. Meetinq Called To Order: The Mayor, as soon after the hour is fixed for the holding of the meeting of the Council and if a quorum is present, shall take the Chair and call the meeting to order. 8. Absence of Mayor: a) If the Mayor does not attend within fifteen minutes after hour is fixed for the holding of the meeting of the Council and if a quorum is present, an Acting Mayor who has been appointed to this position by by-law shall preside over the meeting and have the same authority as the Mayor would have had if present. b) When the Mayor and Acting Mayor are absent or refuse to act, the Council may by resolution appoint one of its members to act in the place and stead By-law 6746/07 Page 4 of 20 ..., ,.),.., of the Mayor and Acting Mayor, and such Member shall have the same L' I b authority as the Mayor. 9. Quorum If a quorum is not present one-half hour after the time appointed for a meeting of the Council and/or Committee, the Clerk shall record the names of the Members present and the meeting shall stand adjourned until the next meeting. COMMITTEES 10. a) There shall be a Planning & Development Committee and an Executive Committee, to be considered as Standing Committees for the purposes of this By-law, to be organized as follows: i) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. ii) The Planning & Development Committee shall meet on the first Monday of each month at 7:30 p.m. in the Council Chambers. iii) The Executive Committee shall meet on the second Monday of each month at 7:30 p.m. in the Council Chambers. iv) The Chair of the Committee shall be rotated each meeting amongst the Members of Council, excluding the Mayor, in alphabetical order. v) The Planning & Development Committee and the Executive Committee shall enquire into and report to Council on any matter within the jurisdiction of the City of Pickering any other matter referred to it by Council. 11. Notwithstanding Section 10 of this By-law, (a) Council may consider any matter without referring it to a Committee or may refer it to two or more Committees and may withdraw a matter from a Committee at any time. (b) Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. 12. The rules of procedure set out in this By-law shall be observed in meetings of the Committees insofar as they are applicable, provided that, (a) a recorded vote shall not be taken on a question before a Committee; By-law 6746/07 Page 5 of 20 .", '7' "." , 'j i... ," (b) the rules in reSpE!ct to the introduction of new business in Council and the hearing of delegations shall apply to Committees unless otherwise decided by the Committee; (c) persons that are present at a Standing Committee meeting to speak to a matter that is a statutory public meeting are not required to register as a delegation. All other members of public who wish to address the Committee are to register with the Clerk by no later than 4:00 pm on the day of the subject meeting. (d) the agendas, minutes and any written notices pertaining to any Standing Committee shall be sent to all Members of Council. (e) a report, setting out the recommendations of the Committees, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. (f) Special Meetings of the Standing Committees, (i) May be called by the Mayor on condition that the Committee does not meet while Council is meeting. (ii) May be called by the Mayor when requested to do so by a majority of Members of Council. (iii) Written notice of a Special Meeting of a Committee must be given to all Members of Council at least twenty-four hours before the time appointed for such meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail address provided by the Member of Council to the Clerk for delivery of Notices, and in default of provision of such address, to the member's City Hall office; (iv) The written notice to be given under clause (iii) shall indicate the nature of the business to be considered at the Special Meeting and the date, time and place of the Meeting. (v) No business other than that indicated in the written notice shall be considered at the Special Meeting. g) All Advisory Committees of Council are required to adhere to the general terms of reference for all advisory committees and at the first meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to Council for approval by no later than March following a municipal election. By-law 6746/07 Page 6 of 20 C8~J All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council. ORDER OF BUSINESS 13. a) The order of business for the regular meetings of Council shall be as follows: i) Meeting Called To Order ii) Invocation iii) Minutes of Previous Meetings iv) Presentations v) Delegations vi) Correspondence vii) Committee Reports viii) New and Unfinished Business ix) Motions and Notices of Motion x) By-laws xi) Confidential Council xii) Confirmation By-law xiii) Adjournment b) All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a vote of the majority of the Members present and voting. c) A meeting or part of a meeting may be closed to the public if the subject matter being considered is: i) the security of the property of the City; ii) personal matters about an identifiable individual, including employees of the City; iii) a proposed or pending acquisition of disposition of land for City purposes; iv) labour relations or employee negotiations; v) litigation or potential litigation, including matters before administrative tribunals, affecting the City; vi) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; vii) a matter in respect of which Council may hold a closed meeting under another Act. By-law 6746/07 Page 7 of 20 14. Duties of the Mavor: 081 It shall be the duty of the Mayor to, a) expel or exclude from any meeting any person who has been guilty of improper conduct at the meeting, b) announce the business before the Council in the order of which it is to be acted upon, c) put to vote all questions, which are regularly moved and seconded, or necessarily arise in the course of the proceedings, and to announce the result, d) decline to put to vote motions which infringe the rules of procedures, e) restrain the members, when engaged in debate, within the rules of order, f) to open the meeting of Council by taking the Chair and calling the Members to order, g) to enforce on all occasions, the observance of order and decorum among the Members, h) to call by name, any Member persisting in breach of the rules and regulations of the Council, thereby ordering the Member to vacate the Council Chamber, i) to authenticate by signature, when necessary, all by-laws, resolutions and minutes of Council, j) to inform the Members of Council on any point of order, k) to perform other duties when directed to do so by a resolution of Council, I) to represent and support Council, declaring its will and implicitly obeying its decisions, m) to adjourn the meeting when the business is concluded, and n) to adjourn the sitting without the question being put or to suspend or recess the sitting for a time to be named if considered necessary because of grave disorder. 0) to make presentations to any charity, organization, government, or person, on behalf of Council, at a proceeding of Councilor its committees. Where By-law 6746/07 Page 8 of 20 '\ t"~ a presentation is made to an organization or charity on which a Member of C' 8 ,;. Council has been appointed to sit, the presentation shall be jointly made with the Mayor and the appointed Member of Council. Where otherwise appropriate, presentations may be made jointly with another member or members of Council. p) to accept presentations to the City of Pickering, carried out at a proceeding of Councilor its committees. Where a presentation is accepted from an organization or charity on which a Member of Council has been appointed to sit, the presentation shall be jointly accepted with the appointed Member of Council. Where otherwise appropriate, presentations may be accepted jointly with another member or members of Council. q) to recite the Invocation. RULES OF DEBATE IN COUNCIL AND COMMITTEES OF COUNCIL 15. Decorum Durinq Debate: During debate, and while the Chair is speaking, or the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way. 16. Recoqnition of Member Every Member shall raise their hand and be recognized by the Chair prior to speaking to any matter or motion. 17. Order of Speakers When two or more Members raise their hands to speak, the Chair shall designate the Member who has the floor who shall be the Member who, in the opinion of the Chair, raised their hand first. 18. Requirement to Vote When a motion is put, every Member present at a meeting shall vote unless they have a conflict of interest. If a Member refuses to vote, the Member shall be deemed to have voted in the negative. 19. Decorum While Callinq Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat and shall remain in their seat until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. By-law 6746/07 Page 9 of 20 20. Interruptions Q83 When a Member is speaking, no other Member shall pass between the Member and the Chair or interrupt except to raise a point of order. 21. Requirement to Read Motion Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. 22. Speakinq to a Motion a) No Member shall speak more than once to the same motion except, i) with leave of the Chair, in explanation of a material part of their speech which may have been interpreted incorrectly, ii) with leave of the Chair, after all other Members so desiring have spoken, iii) a reply may be allowed by leave of the Chair to the Member who presented the motion, in which case the Member shall speak for no longer than a five minute period. b) Except with the leave of the Chair, no Member shall speak longer than ten minutes to the motion before Council. 23. Questioninq the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding paragraph (a) above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion but only for the purpose of obtaining information, following which the Member shall speak. 24. Proceedinqs Decided bv Chair In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal to Council on a point of order. By-law 6746/07 Page 10 of 20 (184 POINTS OF ORDER AND PRIVILEGES 25. Questions of Order The Chair shall preserve order and decide questions of order. 26. Rules For Risinq on Points of Order and Privileqe a) When a Member rises on a point of order, the Member shall ask leave of the Chair to raise a point of order and after leave is granted, the Member shall state the point of order to the Chair and await the decision of the Chair on the point of order. b) Thereafter, a Member shall only address the Chair for the purpose of appealing the Chairs decision to Council. c) If the Member does not appeal, the decision of the Chair shall be final. d) If the Member appeals to Council, it shall be done by a duly moved and seconded motion and Council shall decide the question without debate and the decision shall be final. e) When a Member has a question of privilege or considers that their integrity or the integrity of the Council as a whole has been impugned, the Member may as a matter of privilege, and with the leave of the Chair, rise for the purpose of drawing the attention of Council to the matter. CONDUCT OF MEMBERS OF COUNCIL 27. Respectful Lanquaqe No Member shall speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant- Governor of any Province, of any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario. 28. Unparliamentary Lanquaqe No Member shall use offensive words or unparliamentary language in or against Councilor against any Member. 29. Speakinq in Council No member shall speak on any subject other than the motion being debated. By-law 6746/07 Page 11 of 20 30. Criticism of Council Decisions "8 - e.a No Member shall criticize any decision of Council except for the purpose of moving a motion to be reconsidered. AGENDA IN COUNCIL 31. Minutes a) The Clerk shall cause minutes to be taken of each meeting of Council, which shall include: i) the place, date and time of the meeting; ii) the names of the presiding officer or officers and the record of the attendance of the members; iii) the reading, if requested by a majority of members present and voting, the correction, if necessary and the adoption of the minutes of the previous meeting; iv) all other proceedings of Council without note or comment. b) It shall be the duty of the Clerk to ensure that the minutes of the last regular meeting and all special and standing committee meetings held prior to a regular meeting are included with the agenda and delivered to each member no later than the Friday preceding the holding of such regular meeting. 32. Presentations a) Charities, organizations or individuals wishing to address Council to inform members of special events or achievements, and to seek Council's recognition of the event or achievement, shall request the opportunity to be granted presentation status. b) The request for presentation status shall be submitted to the Clerk, in writing, no later than fourteen days preceding the meeting at which the presentation is to be made. c) Persons desiring to verbally present information of an urgent nature to the Council may be heard upon a two-thirds majority vote of the members present. 33. Deleqations a) With respect to Meetings of Council, persons desiring to verbally present information on matters of fact or to make a request before Council may be heard on leave of Council but shall be limited in speaking not more than By-law 6746/07 Page 12 of 20 '" 8 (~en mi~utes and shall notify the Clerk in writing no later than noon of the l Lprecedlng Thursday of appearing before Council and state the nature of the issues they wish to address. For matters related to the Standing Committee that are being presented to Council, delegations may be heard provided they have first appeared before the appropriate Standing Committee and a majority of the Members present vote to hear the delegation. A delegation consisting of more than five persons shall be entitled to two speakers with each limited to speak not more than ten minutes. b) With respect to Meetings of Committees, persons desiring to verbally present information on matters of fact may be heard on leave of the Committee but shall be limited in speaking to not more than ten minutes and shall notify the Clerk no later than 4:00 pm on the day of appearing before Committee and state the nature of the issues they wish to address. c) The priority in which delegations shall be considered by council shall be in accordance with the following: i) known and listed delegations arranged with the Clerk prior to the distribution of the agenda. Delegations shall be listed in the agenda in the order in which requests are received by the Clerk, it being understood that where more than one person wishes to make a presentation on a particular matter the proponent or his or her authorized representative will be listed last in order to afford the proponent the opportunity of making presentation after all other interested persons have done so; ii) persons who, subsequent to the preparation of the agenda and prior to the commencement of the meeting, apply in writing to the Clerk to be heard. 34. Correspondence a) Correspondence intended to be presented to the Council shall be legibly written or printed and shall not contain any impertinent or improper matter or language and shall be signed by at least one person and filed with the Clerk. b) Any correspondence received shall include electronic mail provided it includes the computer address and full name of the sender and is received by the Clerk not later than Thursday noon before the meeting of the Council. c) The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda. By-law 6746/07 Page 13 of 20 d) All correspondence on any subject within the cognizance of a standing committee shall, on presentation, unless otherwise disposed of by the Council, be referred to the standing committee. (\8;"l 35. Committee Reports Standing committee reports which are to be adopted by the Council shall be listed under the Committee Reports section of the agenda. 36. New and Unfinished Business a) Departmental reports which are deemed by the Chief Administrative Officer to be of an urgent nature, which have not been considered by a standing committee, shall be listed under the New and Unfinished Business section of the agenda for Council's consideration. b) A member may, with the consent of two-thirds of the members present, introduce a motion under New and Unfinished Business which due to its urgent nature cannot be properly presented at a meeting of a standing committee. 37. Notices of Motion a) A member desiriing to introduce a main motion at a meeting regarding a matter that would not otherwise be considered by the Council at such meeting, shall dl3liver a written copy of the motion, signed by the mover and seconder, to the Clerk not later than Thursday noon before the regular meeting of Council at which notice of the motion is to be given. b) The Clerk, upon receipt of a notice of motion, shall print the motion in full in the agenda for the next regular meeting of the Council. c) A notice of motion shall not be considered or otherwise disposed of by Council at the mgular meeting at which it is first introduced but may be considered or otherwise disposed of at any subsequent meeting of the Council provided the mover of the motion is in attendance at the meeting. d) Any member of the Council may agree to second a notice of motion if the seconder is absent from the meeting. e) A notice of motion that is called for by the Mayor at two (2) meetings of the Council and has not been proceeded with shall be removed from the agenda unless otherwise directed by Council. By-law 6746/07 " ' 8 ,'"' C'-;j 38. By-laws Page 14 of 20 a) The Mayor shall introduce the reading of the by-laws, and shall request a motion for the first and second reading of the by-Iaw(s) under consideration. b) The first reading of a by-law shall be decided without amendment or debate. c) Every by-law shall have three readings prior to being passed by Council. d) Every by-law when introduced, shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act which shall be complete with the exception of the number and date of the by-law. e) Every by-law which has been passed by the Council shall be numbered, dated and shall be sealed with the seal of the Corporation and signed by the Mayor and the Clerk and shall be deposited by the Clerk in his/her office for safekeeping. 39. Confirmatory By-law At the conclusion of all regular and special meetings of the Council, and prior to the adjournment, a by-law shall be brought forward to confirm the actions of the Council in respect of each motion, resolution and other action taken subsequent to the last regular Council meeting. A confirmatory by-law, when introduced, shall be taken as having been read and shall be voted on without debate. 40. Adiournment The Council may adjourn upon a motion, which is non-debatable, approved by the majority of members present, the meeting shall adjourn. MOTIONS 41. Secondinq A motion must be formally seconded before the Chair can put the question or for it to be recorded in the minutes. 42. Withdrawal After a motion is read or stated by the Chair, it shall be deemed to be in possession of Council, but may, with the permission of Council, be withdrawn at any time before decision or amendment. By-law 6746/07 Page 15 of 20 ('8:9 43. Priority of Disposition A motion properly before Council for decision must be disposed of before any other motion or matter can be introduced with the exception of anyone of the following: a) a point of order or personal privilege b) to table c) to divide d) that the question be now put e) to refer f) to defer g) to amend h) to suspend any section of the Rules of Procedure i) to recess j) to adjourn 44. Deferral Motions A motion to defer to a certain day or for a particular reason shall be in order after a motion is read or stated by the Chair and debate shall be confined to the propriety of the deferral. 45. Amendments A motion to amend, a) shall be presented in writing if requested by the Chair, b) shall be relevant to the original motion, c) a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original motion, d) only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion, e) shall be disposed of by Council before the original motion, f) shall not be receiived if it proposes a direct negative to the original motion. 46. Vote on the Question A motion that a vote on the question be now taken; a) cannot be amended or debated, By-law 6746/07 Page 16 of 20 ,., r>. ,...,.,. L: ~ ti>) cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put, c) when resolved in the affirmative, the original motion is to be put forward without debate or amendment, d) can only be moved in the following words: "That the question be now put" or "Call the question". e) a motion 'that the question be now put' requires a two-thirds vote of the Members present. 47. Adiournment A motion to adjourn, a) shall always be in order except as provided in this section and shall be put immediately without debate, b) when resolved in the negative, cannot be made again until after some intermediate proceedings shall have been completed by Council, c) is not in order when a Member is speaking nor during the verification of a vote, d) cannot be amended, e) is not in order immediately following the affirmative resolution for the previous question. 48. Privileqe A motion on a matter of privilege shall receive disposition of Council upon receipt and, when settled, the question so interrupted shall be resumed at the point where it was suspended. 49. Reconsideration: a) After a substantive motion has been decided, any Members who voted or are deemed to have voted thereon in the majority, may at any time prior to adjournment of the meeting at which such substantive motion was decided, give notice in writing that they will move, at the first meeting held thereafter, a reconsideration motion. b) The Council shall immediately upon receipt of such notice, vote as to whether or not the notice will be considered at the first meeting held By-law 6746/07 Page 17 of 20 09." ..l thereafter, and should the ensuing division result in the minority vote being less than one-third of those present and voting, such notice for reconsideration shall be declared lost. c) After such notice has been given and accepted, no action shall be taken to carry into effect the original motion until after the motion to reconsider has been disposed of at the next regular meeting or a special meeting called consider the accepted notice. d) Every motion for reconsideration considered at a subsequent meeting shall be declared lost, unless passed with the majority of the Members of Council present and voting. e) No discussion of the original motion shall be allowed upon presentation of a notice for reconsideration or upon an accepted notice for reconsideration or upon the motion to reconsider until the Council has voted to reconsider the same, but the Member giving such notice may have the privilege of stating the reasons for doing so. f) No motion upon which a notice for reconsideration has been accepted shall be considered more than once, nor shall a vote to reconsider be reconsidered. g) The words "the first meeting held thereafter" in paragraphs (a) and (b) hereof shall mean the first regular meeting of Councilor a special meeting called to consider an accepted motion for reconsideration. 50. Referral Motions A motion to refer or to refer back a motion or matter to a Committee or a member of staff with instructions may be amended but shall be disposed of by Council before the original motion or any other motion pertaining to the original motion. 51. Motion to Divide A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members prElsent and voting. 52. Motion to Rescind A motion to rescind a previous resolution of Council requires a majority vote of the Council provided that notice has been given at the previous meeting or in the call of the meeting and if notice has not been given, a motion to rescind requires a two-thirds vote of the Members present and voting. By-law 6746/07 G9r, ." .t... 53. Motion to Table Page 18 of 20 A Member shall not be allowed to speak to a motion and immediately move a tabling motion. 54. Neqative Motion A motion to rescind a defeated motion of Council is not required., and the subject matter may not be reintroduced or debated in any form without leave of Council upon a majority vote of the Members present and voting. VOTING ON MOTIONS 55. Question State Immediately preceding a vote, the Chair may state the motion in the form introduced and shall do so if requested by a Member. The Motion shall be stated in the precise form in which it will be recorded in the minutes. 56. No Interruption After Question After the Chair has called the vote on a motion, no Member shall speak to the motion or shall any other motion be presented until, after the vote and the result has been declared. 57. Vote Not Allowed A Member shall not be entitled to vote on any part of a divided motion, if the Member did not vote on the motion to divide. 58. Unrecorded Vote The manner of determining the decision of Council on a motion shall be by the prominent show of hands. 59. Disaqreement With Result of Vote If a Member disagrees with the announcement of the Mayor that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a recorded vote shall be taken. 60. Recorded Vote of Council Where a vote of Council is taken for any purpose and a Member requests immediately prior or immediately subsequent to the taking of the vote that the vote be recorded, each Member present, beginning with the requester of the recorded vote and alphabetically thereafter, except a Member who is disqualified By-law 6746/07 Page 19 of 20 l','1,O''''' , \:J,J from voting by any Act, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. If a Member refuses to vote, the Member shall be deemed to have voted in the negative. 61. Vote of Head of Councilor PresidinQ Officer The Head of the Council, or the Presiding Officer, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions, and, except where otherwise expressly provided by the Municipal Act, any question on which there is an equality of votes shall be deemed to be negative. 62. Two-Thirds Vote A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative: five of seven Members foul' of six Members three of five Members three of four Members 63. Vote Not Allowed A member not in their seat when the question is called by the Chair is not entitled to vote on that question, GENERAL 64. RecordinQ of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it be closed to the public or not; The record required in accordance with the Municipal Act shall be made by: i) the Clerk, in the case of a meeting of council; or ii) the appropriate officer, in the case of a meeting of a committee. 65. Public Notification Public notification shall be deemed to have been given by the posting of the Councilor Committee agenda on the City website and available for public review By-law 6746/07 Page 20 of 20 Or9tHe office of the City Clerk by no later than 2 pm on the Friday preceding the regularly scheduled meeting. For special meetings, notice of the special meeting shall be posted on the website at least twenty-four hours preceding the meeting. 66. Continqencies In all contingencies not provided for in this section, the question shall be decided by the Chair and in making such a ruling; the decision shall be based on Roberts Rules of Order. 67. Suspension of Rules Any procedure required by this section may be suspended with consent of not less than two-thirds of the Members present. 68. Commencement and Administration a) This by-law shall be administered by the Clerk. b) By-laws 3665/91, 4565/95, 5874/01, 5933/01, 6251/04, 6321/04, 6334/01 and 3665/91 are hereby repealed. c) The short title of this by-law is the "Procedural By-law". By-law read a first, second and third time and finally passed this 19th day of March, 2007. David Ryan, Mayor Debi A. Bentley, City Clerk Ciltl 0# Minutes I Meeting Summary Pickering Museum Village Advisory Committee Thursday, February 08, 2007 7:00 pm Main Committee Room Attendees: Regrets: Rose Ann Cowan Laura Drake Pat Dunnill Bill Gosse Bill F. Utton Sean Thomas Byrne Bill Weston Kees van der Vecht Stephen Reynolds Marisa Carpino Katrina Pyke Bill McLean, Regional Councillor - Ward 2 Paul Savel Item / Details & Discussion & Conclusion Action Items / Status Ref# (summary of discussion) (include deadline as appropriate) 1. Welcome & Introductions Stephen Reynolds - Steve welcomed new and returning members - attendees introduced themselves - members updated the City's contact information sheet 2. Pickering Museum Village Stephen Reynolds Overview & Advisory Committee Role Katrina Pyke Marisa Carpino - Katrina provided an overview of the Pickering Museum Village operation and statement of purpose - Marisa reviewed the Pickering Museum Village Advisory Committee members duties and responsibilities - Pat Dunnill asked of the advisory committees role if a new museum were developed at the waterfront - Steve said we would seek clarification of the City's by- Steve to provide law (found by Pat on website) update 3. Election of Advisorv Committee Chair All Motion Moved by Bill Utton Seconded by Pat Dunnill That Laura Drake be elected Chair CARRIED CORP0228-2/02 Page 1 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) Motion Moved by Pat Dunnill Seconded by Bill Weston That Bill Utton act as Vice-Chair to the committee. CARRIED 4. Approval of Minutes - October 19, 2006 All Motion Moved by Bill Utton Seconded by Bill Weston That the minutes of the Pickering Museum Village Advisory Committee October 19, 2006 minutes be approved. CARRIED 5. Pickering Museum Village 2007 Budgets Stephen Reynolds Steve advised that 2007 budgets were submitted and . - currently under review by the staff Budget Committee - Budgets are not yet to Council - BudQets will be reviewed by Council on March 26, 2007 6. 2007 Special Events Katrina Pyke - Katrina circulated 2007 Museum event season and provided overview of events - Distant Shores is sold out. Pickerinq Museum Villaqe Foundation - Pat provided history and overview of the foundation - Current project is the Brougham Central Hotel Restoration Project anticipated to begin summer 2007 and end in 2008 - Foundation provided a charitable receipt to a mechanical company in Scarborough who donated a fork lift - Forklift has been provided to the Gas & Steam Barn 7. 2007 Workplan - goals and objectives All - Laura proposed that committee meet more than 3 times per year - The committee aQrees to meet 5 times per year 8. Adjournment - next meeting date All - April 19, 2007, 6:00 pm start on site meeting - Redman Staff to arrange for House (park by Steam Barn at Gate 3) pizza dinner at beginning of meeting Attendees come with ideas and questions Meeting Adjourned: 8:30 pm Copy: Chief Administrative Officer City Clerk Page 2 CORP0228-2/02 Council Strategy Session Meeting Minutes Thursday, February 8, 2007 9: 15 AM PRESENT: Mayor David Ryan COUNCILLORS: D. Dickerson R. Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: 1. J. Quinn E. Buntsma N. Carroll G. Paterson A. Allison D. Bentley 1. Melymuk R. Holborn C. Mearns, J. Hannah J. Hodgson, L. Roberts - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Solicitor - City Clerk - Division Head, Corporate Projects & Policy - Division Head, Municipal Property & Engineering - CEO Pickering Library - Superintendent for Municipal Operations, attended for part of thl3 meeting -Manager, Customer & Administrative Services -Committee Coordinator Introductory Remarks The Mayor provided opening comments and welcomed members to the Council Strategy Session. He advised that this would be an informal session, for information and discussion purposes with staff. There will be a number of presentations, but no decisions will be made as a result of these sessions, any formal reports required will be brought forward to Council to be dealt with. The Chief Administrative Officer thanked the Mayor and welcomed everyone to this strategy session. He noted that this was a good opportunity for general open discussions, some of the items being discussed have been around for sometime while others are more recent. He indicated that he was looking for guidance from Council on various issues, and that many were simply policy adjustments. Any items not completed as part of this session would be discussed at a future time. The Chief Administrative Officer advised that the Department Heads would present their Departmental Strategic Goals & Objectives, and would welcome any comments/questions in this regard. The Director of Operations, Emergency & Services proceeded to present. 2007 Department Strateaic Goals and Obiectives: Operations & Emerqency Services The Director, Operations & Emergency Services provided a detailed presentation, eluding to the challenges the City faces, as well as the financial impact on the City. He discussed the Capital projects, plans and the costs associated with the projects. He further outlined the 5 year implementation plan for the waterfront and Frenchman's Bay. The Division Head, Municipal Property & Engineering stated that Council had adopted in early 2006 a storm water management plan for Frenchman's Bay, a list of projects, policies to implement. Once adopted by Council, the City will be well on its way for 5 years of programming to help out Frenchman's Bay. Discussion ensued on the projected costs associated with this project. The Division Head stated that a consultant had been asked to assemble a 5 year plan. They will also investigate funds and identify corporate and private funding. He stressed the importance of having Council endorsement in order to receive this funding. The Director, Operations & Emergency Services indicated that staff were involved with numerous agencies and government bodies on many projects that affect the City, which takes up a significant amount of staff time. Discussion also ensued on parkland needs in Seaton, Duffin Heights based on today's population. He had prepared a significant list of needs over the next 5 years, and indicated the difficulty in dealing with the Province on certain matters. He noted correspondence had gone out to the Federal government for a district park, and noted the definition of a District Park is 100 acres, a stadium and seating for 3 to 5 thousand. The estimated cost projection would be 70 million over a 5 year period. The Chief Administrative Officer asked that more detailed information be provided to Council with respect to these matters. The Chief Administrative Officer, as an example, further indicated that the estimated cost just to build a soccer field today would be approximately $350,000, with a ball diamond being $300,000 along with a 1 to 2 year planning process. Discussion ensued on the problems with parks, the population and acreage involved. It was stated that the biggest problem with parks is population. Going by the standards we have, the City should have 3 community parks, at 35 - 50 acres. The Chief Administrative Officer stated that we were well known for over 25 years for recreation and parks previously and are still known for our recreation complex, although it is becoming dated. He advised that it will be a struggle, but supports the list that was compiled. A question and answer period ensued. The Director, Operations & Emergency Services provided clarification with respect to the fire hall and the recreation centre being considered separate. He further noted that the City should be aware of the multicultural needs with respect to recreation facilities in the future. It was further noted that the future Animal Shelter and Operations Centre should be considered separate and further, that down the road a First Nations Cultural Centre should be a priority. It was further stated that the Town of Whitby Operations Centre was toured and used as the base for the land required etc. It was felt that the Taunton Road site would meet our needs as it consists of approximately 25 to 30 aces. Services are required, access to arterial roads is good and the City does not want to be in the middle of a residential area. Council were further advised that the Toronto Region Conservation Authority was supportive of the proposed location. Discussion continued with respect to the Court issues related to the Seaton land matters. The City Solicitor provided a detailed overview of the current court cases that the City is involved with. The Director, Operations & Emergency Services provided a further review related to private partnerships for an indoor soccer club, the status of the design for the addition to the recreation complex, the Cultural Strategic Plan noted as a priority and the future location of the Fire Services headquarters. Communities in Bloom The Chief Administrative Officer provided an overview of the program and indicated that it would proceed, pending approval by Council. He indicated his support of the program and stated that it would be a significant endeavour for the City as a whole. John Hannah, Superintendent of Municipal Operations provided a detailed powerpoint presentation on the Communities in Bloom program. He explained the intent of the program and its induction, the different levels involved, the benefits involved, and how the program works, who is involved, the rating system, and criteria for judging. He explained the breakdown of the criteria, as well as the expectations of the program and the judging process. He talked about the Communities in Bloom "profile" book and provided an example of Vaughan's book to look through. He reviewed the proposed organizational structure. Detailed discussion ensued with respect to this matter, including discussion related to pesticide free communities, educational program on pesticides, utilization of native plants, budget allocation of $30,000., along with other area municipalities who were involved with the program. Based on the discussion, consensus was reached in favour of this program. Mayor Ryan and Councillor McLean were nominated to sit on this Committee and a further resolution of Council would be required to finalize the Committee as an advisory committee to Council. Council recessed at 10:40 am and reconvened at 11 :00 am. Planninq & Development The Director, Planning & Development outlined the map showing the context of Pickering, showing what can and can't be developed. He noted that the map was not for public use as it required further clarification. The map outlined how much is greenbelt, including the Oak Ridges Moraine. Questions ensued with respect to the map and clarification was sought on the percentage of greenbelt lands. The Director advised that approximately 55% of lands in Pickering are Natural Heritage or Greenbelt, which includes NHS lands which make up another approximate 8% of our total, making it unavailable for any development. Council questioned the Chief Administrative Officer whether there were any other communities with this high a percentage. He said we are one of a kind in Ontario and Canada. 2007 Priorities: The Director, Planning & Development provided a detailed overview with the aid of a powerpoint presentation. He outlined sustainability provision requirements, rating systems, Official Plan Review initiatives, requirements for Official Plan, key areas to examine, establishing plans in Official Plan, greenbelt, and the public comments on the Official Plan, along with a review of Bill 51 and how it effects the Planning Act. With respect to the Downtown Intensification Strategy, it was noted that the City needs to define vision, mix and scale of development. Discussion ensued on changes in the new building code, as well as the training of staff. The Director further advised that the Sign By-law was currently under review, in conjunction with the Clerks Division and this would be presented to Council hopefully by June. Discussion ensued and Council noted that this by-law would entail significant public debate. Capital Asset Reportinq The Director, Corporate Services & Treasurer provided an overview of Capital Asset Reporting, through a power point presentation. He stated the major goals and objectives for the department and indicated that Capital Asset Reporting must be in place by January 2009. This could have significant affects on our budget and work must start soon on this. He further noted that assessment information would be provided on the City website this year, but would exclude the homeowners name. He further stated that the shelter for Animal Services in Claremont was a priority this year, and that would be a key focus for the Clerks Division. Purchasinq The Director, Corporate Services & Treasurer reviewed the purchasing policy. A question period ensued, specifically if the City had considered a Fairness Commissioner for large projects, similar to what has been implemented at the Region. The Chief Administrative Officer discussed the processes internally as well as the plans for the next two days and the way everything ties into the budget. Discussion ensued on the financial situation of the City and what the priorities and format should be for these two sessions. Pickerinq Public Library Board Cynthia Mearns, CEO Pickering Library, provided a brief overview of the slides to be viewed over lunch and noted that a survey plan had been provided to all members present. She indicated that she would welcome any discussion or questions from members of Council. Council recessed at 12:20 pm and reconvened at 1 :08 pm. Financial Overview: The Director, Corporate Services & Treasurer and Chief Administrative Officer discussed in detail the financial overview, with emphasis on: . Limited assessment . Aging infrastructure puts pressure on capital budget . Address sustainability - financial sustainability is most important. Discussion ensued with respect to the City's financial status and questions arose concerning the ceiling on debt. The Director advised that the City was in the 60 million range. We are well below the limit but have limited debt service capacity. Further detailed discussions are noted as follows: . how funds were allotted. . We used 3 million to reduce levy. . Reserves are rapidly diminishing . Discussed one time funds, inflation. · Projection for 2007 was just under 16%. . Went over forecasted projections, · Half of the budget pressure is due to lack of revenue. (Lack of housing) . Reserve funds high - majority is development charges. The Director, Corporate Services & Treasurer, discussed discretionary Reserves & Reserve fund projections and debt charges, noting they are gradually creeping up. It was discussed that with respect to building permits across the GT A, Pickering is still the lowest. Discussion ensued on building permit trends, further noting that shortfall must be made up by tax revenue. (This is the only source the City has). Further discussion ensued related to the Capital budget and the implementation of a five year capital plan. The Director advised that the budget package is to be out March 9th., and a review of possible meeting dates was discussed. The City Clerk was requested to review Council schedules for the month of March, in order to finalize the date by the end of the Strategy session. Further discussion ensued related to economic forecasts and the inability to encourage development, assessment appeals currently before the City, POA revenue, along with the assessment growth of the City. Parking ticket revenue was reviewed, noting that the Clerks Division has exceeded budget allocations for the past two years. Staff were requested to review the market status of Veridian shares and report back to Council on this matter. The Chief Administrative Officer outlined for Council to consider the possible implementation of two ad-hoc committees of Council which would deal with the Province regarding the financial compensation for the North Pickering lands, and one to deal with the Federal Government for financial compensation related to the lack of decision related to the North Pickering lands. Duffin Heiqhts Neiqhbourhood The Director, Planning & Development, provided an overview of the Duffin Heights Neighbourhood. He outlined the historical structure, the definition of the boundaries and existing land uses through the use of a powerpoint presentation. He provided information on the following; land uses within the Official Plan, the Environmental Servicing Plan, the relocation of the Operations Centre, and a 20 acre community park. Discussion ensued on the two options. One option shows no connection, the entire community goes out to Brock Road. Discussion included the Region's involvement, as intersections must be implemented into Brock Road. This creates a concern with the fact that there is no link, forcing everything onto Brock Road, and also a concern with Valley Farm Road and grades, with one lane in each direction. Option two shows three signalized intersections. Region would like to see Rossland going under Brock Road. TSH has been hired to do a traffic study. It was indicated that we can't afford to have it put off much longer than another year. The Director, Plannig & Development, stated there were a number of environmental assessments going on now. Seaton The Division Head, Corporate Projects & Policy provided a detailed presentation on Seaton, with the aid of a powerpoint presentation. The legal matters related to Seaton were discussed and it was noted that the Province had approved the plan. The Division Head went over the three studies currently underway, Transportation Study, Natural Heritage Study, and the Highway 407 Study. It was noted that anything north of Highway 7 was Federal lands. A question and answer period ensued. Parkinq Strateqies The Chief Administrative Officer, with the assistance of the City Clerk outlined the Parking Strategies Discussion paper, with the aid of an powerpoint presentation. Discussion ensued with respect to the provision of permit parking within the City, and the process that is currently in place in a number of municipalities. The percentage of street partidpation for a request for on street parking permits was noted as 50%, and discussion related to the fact that perhaps 2/3rds was a more appropriate number. The Chief Administrative Officer stressed the importance that the request come from the street, not the City and suggested changes be made to this effect. The City Clerk noted that in discussions with municipalities who have permit parking, the majority of requests were not successful, garnering only a 35% rate of street involvement on average. The negative aspects of a permit parking system were further reviewed with winter control being the main concern. Discussion further ensued with respect to pay and display parking units, along with parking availability around the Civic Complex and the proper marking of disabled parking spots. Based on the discussion, the consensus was for staff to continue to monitor the parking situations and report back to Council at the next Council Strategy session. It was noted that it was not a Council priority at this time, rather revenue initiatives should be the focus. Councillor O'Connell left the meeting at 4:32 pm Grant Policy The Director, Corporate Services & Treasurer, explained the process for grants, our previous procedures, and how under the new Municipal Act, the grant approval/reporting must change Detailed discussion ensued with respect to the draft Grant policy as presented. Council felt that the policy and procedures related to the grants was too detailed, and that the original grant parameters were sufficient at this time. The Director, Corporate Services & Treasurer was requested to review the policy, and streamline the focus to the original Council intent. Summary The Chief Administrative Officer thanked everyone for a very successful day, and welcomed the opportunity to review further items on the second day scheduled for discussion. The Strategy Session adjourned at 4:53 pm Council Strategy Session Meeting Minutes Friday, February 9, 2007 9: 15 AM PRESENT: Mayor David Ryan COUNCILLORS: D. Dickerson R. Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson A. Allison D. Bentley T. Melymuk J. Hodgson L. Roberts - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Solicitor - City CIBrk - Division Head, Corporate Projects & Policy - Manager, Customer & Administrative Services - Committee Coordinator Mayor Ryan welcomed everyone back. The Chief Administrative Officer stated he was pleased with yesterday, and a number of matters discussed, noting that the agenda formats, etc. as developed by the City Clerk and senior staff worked well. Governance Structure: The City Clerk led Council through the Governance Structure discussion paper. Further details on the changes to the Municipal Act will be provided in the future to members of Council, however noting that the City was well underway for compliance, especially in relation to Council Secretariat processes. The City Clerk provided an overview on governance; . Increase public involvement . Existing format for reports working well . Easy access to agendas, minutes through laserfiche . Constant reviews through meetings · Formal correspondence structure - we have specific direction · New Municipal Act - key aspect is giving public notice of all public meetings - we must comply with this now · Must give appropriate notice of all meetings · Minutes to be recorded including in camera minutes . Open government is stressed Public participation: . Must be encouraged . Orientation went very well · Agendas for advisory committees to be available on line making it more. accessible to the public Detailed discussion ensued and it was noted that the City did have an exceptional system, and there was still a few areas that we could improve upon. It was noted that the changes over the past year had further enhanced the system and the process of communication. Further discussion ensued on items going to Statutory meetings and the procedures involved with public meetings. It was agreed that the City was well ahead and on the right track. The City Solicitor provided clarification on the purpose of the meetings in relation to the Planning Act. He further outlined the distance requirements in relation to notification under the Planning Act. Discussion ensued on having summer meetings. The Chief Administrative Officer stated he was concerned with having no meetings during the summer and was looking for direction on this. It was confirmed that the last week in July would work the best, and the City Clerk should encompass a meeting within the schedule. Based on the discussion, it was the consensus of Council that the Statutory Information meetings would be held as part of the new Planning & Development Committee, noting that the agendas would clearly reflect that it was a Planning Information meeting, so that members of the public understood the lack of Council involvement in the debate at this stage of the planning review. Break at 10:30 am Reconvened at 10:52 am Mayor Ryan suggested we not meet for budget during March Break and cancel the Executive meeting. This was confirmed and the City Clerk will action accordingly. It was further confirmed that the Budget committee meeting would meet on Friday, March 23rd at 9:00 am and Monday, March 26, 1 :00 pm (if deemed necessary). All members were in agreement with this schedule. Procedural By-law Discussion Paper: The City Clerk provided an overview of the proposed new Procedural By-law, noting that recommended changes were highlighted. She noted the changes that reflect the public notification process along with In camera sessions and what needs to be changed as a result of the new Municipal Act. There were general housekeeping changes to reflect what is happening now, but no major changes in this regard. Discussion ensued on minor housekeeping issues and clarification on certain items in the procedural by-law. The City Clerk provided clarification where necessary. Discussion on delegations ensued. Councillor McLean asked about Item 33 b), referring to the discussion of items not on the agenda. This will be deleted, the public can speak on any item, but they must still notify the Clerk in writing. It was noted that the Chair always has the option of speaking order. The main goal is to ensure everyone has an opportunity to speak. It was the consensus of Council that the draft procedural by-law was excellent, noting the change to delegations and that the City Clerk should proceed to implement the new by-law as soon as possible. Appointments to Advisorv Committeess At the February 5, 2007 meeting of Council, appointments to the CAVE Advisory Committee and the Seaton Net Benefits Committee was referred to the Council Strategy session for discussion purposes. Discussion ensued on th,e number of Councillors for various committees, along with the status of the formalization of CAVE. Sustainable Pickerinq: 3 Councilllors Councillor O'Connell Councillor Dickerson Councillor Pickles Seaton: Councillor Littley with O'Connell as alternate Councillor Dickerson with McLean as alternate Councillor Johnson with Pickles as alternate Communities Aqainst Violence Everywhere (CAVE) The City Clerk noted that notices had gone out to the paper, and we have already received some applications with respect to the citizen appointments. It was the consensus that this Committee continue as a staff managed advisory committee letting the appointed staff person bring to Council what is needed. It was remarked on the good job being done by Shawna Mutton in this regard.. The connection with recreation and culture is working really well and everyone was in agreement with this. Mayor Ryan talked about Communities in Bloom. The City Clerk brought the power point presentation back up with respect to the Committee structure. It was decided Mayor Ryan and Councillor McLean would sit on this committee. Adjourned for lunch at 11 :52 am Session reconvened at 1 :09 pm Council Compensation and Communication Policy Detailed review of the policy commenced, going through each section in order to receive comments in this regard. Based on the discussion, the Chief Administrative Officer was requested to review Council salaries within GT A municipalities and provide this information to Council. It was noted that the local councillor salary range should be approximately $45,000 due to the work involvement. The following discussion ensued: · Elimination of the tax free allowance, noting the difference to be made up within an RRSP · Review of what the tax free allowance consists of now . Now is the time for the salary review . Review of cost of living should be completed in conjunction with the salary review . Entire compensation package should be reviewed in order to provide for decreases in areas not utilized in order to increase in areas, such as salary, where an increase is warranted . What are other municipalities doing with respect to salary and benefit compensation and this should be looked at in relation to population . Councillors are no longer considered part time and this should be reviewed in relation to OMERS . Salary census for Pickering should be reviewed. The Chief Administrative Officer noted that he is doing this as per Compensation Review as per Council with approval by Senior Management. This will fit well to do both areas at the same time as we have tied these areas together before. Allowances: Discussion ensued on this matter and the Chief Administrative Officer was advised to review and do a comparison with the Region. The Chief Administrative Officer pointed out that everything we do is subject to audit and the first thing looked at is unsupported expenses. Stressed caution in this area. Further discussion ensued related to in house services provided with respect to administration, printing costs and the communication budget in general. It was generally felt that secretarial services was different than communication and these two items should be kept as separate budget line items. The Director, Corporate Services & Treasurer clarified that Section 18a) and b) refers to websites. He went on to explain further the communications section, and the fact that you could take outside agency items from two different areas of the budget, being Item 1 B b) and 7 b). Discussion continued related to where the website budget should be allocated, postage costs being encompassed by the City and the awareness that audits are taken of all financial business related to the City. The Director, Corporate Services & Treasurer, explained the sections and what they deal with and why this would not be feasible. It was proposed that Item 7 a) be changed to $8,500 for the 1st, 2nd and 3rd years and $7,000 for the 4th year. This proposal was accepted by consensus. Short break at 2:35 pm BENEFITS: Discussion ensued on spousal benefits upon death (Sections 8 b) and c)) and the Director, Corporate Services & Treasurer clarified some issues surrounding this matter. To be added: However, for members who have completed 15 years, these benefits should continue to spouse until age 70 upon the death of the Councillor. Insurance Indemnification Item 11: It was decided this should be brought back for clarification review. Item 12 a) It was proposed that for the future this should be raised to 15 in year one then, to 17 in year two and 18 the year after. The Chief Administrative Officer to review the range. Item 13 - Severance This required changing three years to four to reflect the new term of Council. The severance issue was to be left for clarification. Communications: Item 16 a) Computer Hardware/Software Discussion took place, but it was decided not to increase at this time. 3:20 pm Chief Administrative Officer left due to illness Equipment Mayor Ryan turned it over to the Director, Corporate Services & Treasurer for his presentation. The Director, Corporate Services & Treasurer went over his presentation pertaining to the best business practice and the current practice. Discussion ensued on telecommunications equipment and the problems associated with contracts. Discussion ensued with respect to the issue of liability when signing contracts for equipment, ie. cell phones, blackberries, etc. The Director, Corporate Services & Treasurer suggested that the City could take over contracts that had been taken out in individual Councillor names. It was further noted that there needed to be a standard set of operating rules developed for purchases etc. and that all purchases to go through the City's purchase requirements. Further discussion ensued with respect to notice that all Council expenses are public information, the allocation of a credit to Councillors if equipment is turned in. The Director, Corporate Services & Treasurer stated this has never happened, only with computers. Mayor Ryan stated that it is beneficial to have the City look after contracts, as all literature would be on file, which would make tracking easier. Everyone was in agreement to this principle. Policy will be written to this effect. Policy must differentiate between what the Region supplies, and not duplicate this in the City. It was also agreed the clarity to the policy on plans for cell phones etc. needed to be developed. Discussion resumed on equipment issues and the return of this equipment back into the system. The main principle of this system would be for the equipment to be returned back into the organization to be reused. It was suggested that we look into an alternative way to accommodate for equipment coming back. Some discussion took place on the leasing of equipment. The Director of CorporatE~ Services & Treasurer was requested to schedule another % day to complete the strategy session. It was also requested that the wording "neighbourhood letter" be removed from Item 18 e) The Strategy Session adjourned at 4:23 pm Council Strategy Session Meeting Minutes Monday, February 19, 2007 1 :30 PM PRESENT: Mayor David Ryan COUNCILLORS: D. Dickerson R. Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson A. Allison D. Bentley J. Hodgson - ChiE3f Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Solicitor - City Clerk -Manager, Customer & Administrative Services 1. Presentation by Fire Services Methadone Lab Update Gord Ferguson and Mike Gamble, of Pickering Fire Services appeared before Council with respect to the fire incident related to a methadone lab. A detailed powerpoint presentation was provided, noting the details related to the fire incident at 1895 Clements Road. The following comments were noted: . Outlined history of methadone, noting that a $150 investment yields a $10,000. street profit; . 6 out of 10 people get hooked when they try the drug, it is very addictive; . largest chemical related incident in Canada; . took place for the period of November 20-29, 2006; . outlined the fire action that took place, including the use of Unit 152; . noted possible contamination of the units and all personnel involved are being very cautious; . victim rescued and revived by paramedics; . explosion took the roof off of the building; . professionals who deal with this type of incident, including Police personnel were called in to assist . there were health and safety concerns with those involved, including access by tenants; . team briefings were held every morning with the Police for nine days; and . Post Incident Review has been completed. A question and answer period ensued. It was noted that there was concern with the businesses that have been closed and the problem due to their lack of appropriate insurance. The Chief Administrative Officer advised that there would be further financial report in this regard. 2. Completion of Salary, Expenses and Communications Respecting Members of Council The Director, Corporate Services and Treasurer provided a brief review with the aid of a powerpoint presentation, providing comments related to the computer request of Councillor O'Connell. He noted that within the telecommunication portion of the policy, the options available to members of Council would be a) City to purchase standard option, or an exception to the policy for members of Council, noting a $10,000. allowance for year one. A question period ensued with request to the allocated allowance, along with the provisions of buying versus leasing. The Chief Administrative Officer noted that a new policy would be developed by the Director, Corporate Services & Treasurer with respect to the allocation and further, the computer for Councillor O'Connell would be leased as soon as possible. Based on the discussion, there was consensus to stay at the $10,000. limit for the four year term of Council. Members of Council were provided with a copy of a handout with respect to the telecommunication operating expenses for past and present members of Council. Further discussion ensued related to the Regional plan for telecommunications, benefits of shared plans, budget limit for specific plans and the need to review the City's replacement program. The Director of Corporate Services & Treasurer was requested to provide a breakdown on how the cell phone program for the City works, including the number of City issued cell phones. Discussion further ensued with respect to a limit on the number of units issued and/or purchased by members of Council, including a possible cap on expenses. With respect to the salary compensation for members of Council, the Chief Administrative Officer was requested to have the Director, Corporate Services & Treasurer to review the salary information for members of Council in relation to other Greater Toronto Area municipalities, specifically municipalities with similar structures. The municipalities reviewed should be based on population and part time versus full time representation, noting a possible comparison utilizing census information. In summary, based on the review during the strategy session, the Chief Administrative Officer noted the following changes approved with respect to the existing policy; 6 d) 6 e) 7 a) 7 b) 12 a) 13 a) v) 16 a) 18 e) $60.00 per day has been changed to reflect $90.00 per day to be rewritten as it does not appear succinct chan~ed to reflect $8500 for the 15\ 2nd & 3rd years; $7000 for the 41 year delete 'website' 13% RRSP to be reflected staff to clarify - is it the intent of staff to provide for spouse change to three years change to reflect letters can be sent out for neighbourhood Issues. The Chief Administrative Officer noted that the Director, Corporate Services & Treasurer would update the policy and present to Council as soon as possible. 3. Brief Update on Leqal Matters Council moved In Camera in accordance with the Municipal Act with respect to the detailed briefings of the City Solicitor related to confidential legal matters. The City Solicitor provided an updated to members of Council with respect to the First Nations lawsuit, including a review of the EA bump up. He noted that with respect to the third Seaton related lawsuit, he had a copy of the decision if any members of Council wished to review. A brief question and answer period ensued. The City Solicitor provided a brief review of the zoning by-law appeal related to the Bay Ridges Plaza development. The City Solicitor provided an update with respect to the Knob Hill retail facility and the minutes of settlement with respect to this matter. He noted that it was agreed to recognize certain zoning provisions, and payment of the license fees to the City. He noted that he anticipated that it should conclude with a good result. The Committee rose from the In Camera session and resumed into Open session. 4. General Update & Review with Chief Administrative Officer The Chief Administrative Officer provided a detailed overview of the City sponsored functions, such as Frenchmen's Bay Festival, Canada Day and Winterfest. a) Frenchmen's Bay Committee - It was the consensus of Council that the City of Pickering will no longer participate in the Frenchmen's Bay Festival but will continue to support the waterfront programs. It was the further consensus of Council that the Chief Administrative Officer be directed to review the Committee financial records for the past seven years, and make the necessary arrangements to have the $17,000. owing to the City returned. b) Canada Day - Discussion ensued on this matter and it was the consensus of Council that a report to council be prepared providing a detailed breakdown of the expenses, specifically program breakdown, staff costs etc. Members of Council further requested that alternatives be presented in this regard. The Chief Administrative Officer noted that he would provide a further memorandum to Council with respect to the request at his earliest convenience. c) Winterfest - it was noted that the winterfest activities needs to be changed to February, rather than December in order to ensure the appropriate weather. Based on the discussion, it was the consensus of Council that the Chief Administrative Officer provide a detailed breakdown on the costs related to this function. Further discussion was held, noting that a confidential memorandum would be forthcoming from the Chief Administrative Officer with respect to fire negotiations and once received, if Council had any concerns they were to advise. Councillor Johnson raised concerns with respect to the community page and the cost to the City. He noted that the City was cu rrently paying $120 - $130,000. per year and wondered if there had been a review completed to determine if this was the most cost efficient for the City. The Chief Administrative Officer advised that he would complete a memorandum to Council with respect to this, once he had reviewed the matter with staff. 5. In Camera Matters Due to the lateness, an update from the Chief Administrative Officer with respect to in camera matters would be deferred to a later date. The meeting adjourned at 4:50 pm. Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, March 7, 2007 7:03 pm Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Susan Kular Eric Newton Keith Wilkinson ALSO PRESENT: Ross Pym,. Secretary-Treasurer . Lesley Dunne, Assistant Secretary-Treasurer (I) MATTERS ARISING AND ADOPTION OF MINUTES Moved by Eric Newton Seconded by Keith Wilk:inson There were no matters arising from the minutes. The minutes of the 2nd meeting of the Committee of Adjustment held Wednesday, February 14, 2007, be adopted as amended. CARRIED UNANIMOUSLY (II) ADOPTION OF AGENDA Moved by Eric Newton' Seconded by Susan Kular .. ......- That the agenda for the Wednesday, March 7, 2007 meeting be adopted. CARRIED UNANIMOUSLY 1 ".--"__".~",__.e"..__~___._~._.~.~__,__ Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, March 7, 2007 7:03 pm Main Committee Room (III) REPORTS 1. (Deferred from the February 14, 2007 meeting) PICA 62/06 - KN Property Management Ltd. 981 Brock Road South Part of Lot 18, Range 3 (40R-7994, Part 8 to Part 17) City of Pickering' The applicant requests rE?lief from Zoning By-law 3036, as amended by By'-Iaw 5792/01 to permit a maximum of 75 percent of the gross leasable floor area of the existing, building to be utilized for retail uses and financial institution uses, whereas the list of permitted uses in the by-law does not permit retail uses or financial institutional uses. The applicant requests approval of these variances in order tc? expand the, number of uses on the property. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Economic Development, in support of the application. Correspondence was received from the City Solicitor advising that the Committee of Adjustment does have jurisdiction to consider new uses through a minor variance application. However each of the four tests must be conside'red as set out in the Planning Act. .. -~ Grant Morris, agent, was present to represent the application. Davood Khaneghi, owner, was present in favourof the application. Grant Morris provided his opinion on the application and how the application meets all four tests under the Planning Act. The uses requested are compatible with the uses in the surrounding area. He also presented a map of the area and explained the retail uses around the subject property. The owner of the property is losing tenants and having difficultly renting units. Grant Morris, in response to questions, agrees with the City Solicitor that the Committee does have the jurisdiction to make a decision on these types of applications. He also indicated it is unknown at this time as to the specific type of retail uses for the subject property, however the parking will dictate future uses. 2 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, March 7, 2007 7:03 pm Main Committee Room Moved by Kevin Ashe to APPROVE the application, no seconder. Moved by Eric Netwon Seconded by Keith Wilkinson That application PICA 62/06 by KN Property Management Ltd., be REFUSED on the grounds that the request to permit the utilization of a maximum of 75 percent of the gross leasable area of the existing building for retail and financial institution uses is a major variance that is not desirable for the appropriate development of the land, not in keeping with the general intent and purpose of the Zoning By-law. Committee Member,. Kevin Ashe speaks against the motion to refuse and explained that in his opinion the application does meet all the four tests established in the Planning Act. He also noted he had spoken to the two Ward Councillors and both are in support of the application. CARRIED Vote Kevin Ashe David Johnson Susan Kular Eric Newton Keith Wilkinson opposed in favour in favour in favour in favour 2. (Deferred from the February 14, 2007 meeting) PICA 09/07 - S. & G. Boseovski 726 Kingston Road (Part of Lot 28, Range ~~, B.F.C.) (40R-15653, Parts 25 to 29 & Part 43) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 3768/91, to allow the interpretation of the provisions of the by-law to permit a non-venting dry-cleaning establishment within the existing building, whereas the by-law does not permit a non-venting dry-cleaning establishment. 3 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, March 7, 2007 7:03 pm Main Committee Room The applicant requests approval of this variance in order to obtain a building permit for the existing building in order to establish a non-venting dry-cleaning business. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Economic Development, in support of the application. Correspondence was received from the City Solicitor advising that the Committee of Adjustment does have jurisdiction to consider new uses through a minor variance application. . However each of the four tests must be considered as set out in the Planning Act. Steve Boseovski, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Steve Boseovski presented the zoning by-law and explained to the Committee Members the uses and designations for the surrounding" properties. He feels this is an ideal use for this corner property instead of a fast food or donut shop. The tenant needs to be moved in by the end of the month. In response to questions the Secretary-Treasurer explained the current by-law on the subject property and that there appears to be a specific intent to omitted a non-venting dry-cleaning use. He also advised that both Councillors Dickerson and McLean had no objection to the application. No other comments were received from City departments in favour of or in objection to the application. Moved by Kevin Ashe Seconded by Susan Kular - "- That application PICA 09/07 by S. & G. Boseovski, be APPROVED on the grounds that the requested variance to permit the int~rpretation of a non-venting dry-cleaning establishment as being a permitted use is a minor variance, that is desirable for the appropriate development of the subject land, and in keeping with the general intent and purpose of the Zoning By-law. CARRIED UNANIMOUSLY 4 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, March 7,2007 7:03 pm Main Committee Room 3. PICA 11/07 -1685404 Ontario Ltd. 1023 Brock Road (South Part of Lot 18, Concession 1) (Part 2, 40R-18713) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit the construction of an automotive repair building on the subject property providing a north side yard width of 1.5 metres and 50 percent of the required parking spaces in the front yard (8 spaces), whereas .the by-law requires a minimum side yard width of 4.5 metres and permits a maximum front yard parking of 20 percent (4 spaces). The applicant requests approval of these variances in order to obtain Site Plan approval and a building permit for the construction. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from Councillor Rick Johnson in objection to the application. Written comments were also received from M. Balsdon Trucking Ltd. of 1720 Bayly Street, in support of the application with a request for privacy fencing. Arnold Mosteet, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Correspondence received from M. Balsdon Trucking Ltd., indicating no objection . to the application but requests a privacy fence to be constructed along the south property line. .' _,_ Arnold Mosteet outlined t.he application and indicated no objection to providing a privacy fence being constructed and this will be discussed at the site plan approval process. Moved by Kevin Ashe Seconded by Eric Newton That application PICA 1 '1/07 by 1685404 Ontario Ltd., be APPROVED on the grounds that the north side yard width of 1.5 metres to a proposed automotive repair building and providing 50 percent of the required parking in the front yard are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 5 Pending Adoption Committee of Adjustment Meeting Minutes Wednesday, March 7, 2007 7:03 pm Main Committee Room 1. That these variances apply only to the parking arrangements and proposed one storey building, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain Site Plan approval within one year of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Eric Newton That the 3rd meeting of the Committee of Adjustment be adjourned at 7:54 pm . and the next meeting of the. C9mmittee of Adjustment -be held on Wednesday, March 28, 2007. CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer 6 Cil1J 0# Minutes WATERFRONT COORDINATING COMMITTEE March 8, 2007 7:00 pm Tower Room Attendees: Councillor Dickerson Councillor O'Connell Craig Bamford Jim Dike Steve Holt Patricia Korol David Steele David Stone Kevin Tower Doris Chee Absent: Mayor Ryan Linda Roberts Chandra Gocool Also Present: Maurice Brenner 1. Welcome & Introductions An informal introduction by each member to the meeting was made. Doris Chee, City of Pickering staff representative, welcomed all to the meeting and introduced herself as the Staff resource for the Committee and that Linda Roberts is the Committee Coordinator and minutes recorder. Linda was absent due to illness. Copies of the meeting agenda, Council's Resolution for the Waterfront Coordinating Committee, 2007 meeting schedule and current membership list was handed out. The current membership list was passed around for everyone to check their information and to make any necessary corrections. 2. Ap roval of Minutes Minutes from the September 21, 2006 meeting. Some members were not in attendance for the September meeting and therefore did not want to vote on the approving of the minutes. Those that were there voted. Moved by Jim Dike Seconded b Councillor O'Connell Page 1 CORP0228-2/02 Carried 3. Work Plan Doris Chee advised that one of the first tasks for the Committee was to put together a Work Plan. The Plan is to identify projects or concerns the Committee wishes to be involved in and be an advisor to projects that dealt with the City's Waterfront. It was requested for the members to think about projects for the next meeting to compile into a Work Plan. The Plan would be forwarded to Council for approval. Jim Dike stated that because the City's budget has not been approved and therefore it is premature to put a Work Plan together. Councillor Doug Dickerson stated that Parkland Dedication Budget is where Waterfront projects can draw from. Discussion ensued regarding projects that have been identified in the past and what possible funds were available. Jim Dike inquired about the Hydro spill and if the City ever received any compensation. Councillor Dickerson replied that the settlement from Hydro was to offset staff time in completing the cleanup and the balance was for use in the Waterfront. He requested that Doris Chee look into the breakdown of the settlement and report at the next meeting. Doris Chee to report at next meeting. Craig Bamford reported that Fairport Beach has some funding that could be tapped into. Discussion ensued on current and past projects. Some of the projects discussed were: -Waterfront Trail- Park To Marksbury currently underway. -Western Gateway Project - on hold until current discussions with the City of Toronto is complete. -Duffin Water Pollution Control Plant expansion at the east end - staff has been working with the Region and their Consultants on the plans and is know preparing the land transfer and closures of roads. The expansion includes realignment of a short portion of the Waterfront Trail. Approvals of the plans are currently underway. -Waterfront Trail Signage - 3 of the 4 signs have been installed to date. The last sign is to be installed once the Western Gateway is complete as the si n is to be located within the site. Page 2 CORP0228-2/02 Maurice Brenner discussed the Waterfront Regeneration Trust celebration of its 15th Anniversary which will be held in the fall of 2007. The celebration will have a number of activities and includes walking, riding., rollerblading, etc. the Waterfront Trail from the Golden Horseshoe to the border of Quebec. Committee should look at closing gaps along the City's Waterfront Trail before the celebration so that Pickering's Waterfront is complete. Councillor O'Connell suggested that the Committee not use the City's budget to limit project potentials in the Work Plan. She suggested being creative in terms of funding and working towards a framework that is doable in the next 4 years. An overall vision is what the Committee should strive for. Councillor Dickerson, Craig Bamford and David Steele discussed the Waterfront Task Force and the resulting report. The Task Force identified the concept trails (3), First Nations Trail, Peak and Monarch. Monarch Trail was to advance the area of the Frenchman's Bay and its surroundings which included the trail around the Bay and connecting the two spits. David Steele provided a discussion on the Frenchman's Bay Watershed Study. Councillor Dickerson suggested that Marshall Macklin Monaghan, the consultants working on the study, be invited to give a status report. He suggested that this will provide all members with an understanding of the study and be able to include projects in the Work Plan. It was also suggested that the Chair of this Committee write a letter to the MPP Wayne Arthur to update him on the study and projects to elicit funding. Craig Bamford suggested that Marshall Macklin Monaghan should have a PowerPoint presentation available to showcase and mobilize the communit before election. 4. Election of Chair Councillor Dickerson nominated Councillor O'Connell as Chair. Craig Bamford and David Steele were in agreement that the Chair should be a member of Council due to the importance of projects and the interaction involved with Council and politicians. CORP0228-2/02 Doris Chee to have report available to new members before next meeting Doris Chee to setup presentation by Marshall Macklin Monaghan Councillor O'Connell Page 3 It was suggested that Councillor Dickerson be Chair however, Councillor Dickerson declined due to his time commitment with the Seaton Lands. Moved by David Steele Seconded by Jim Dike That Councillor O'Connell be made Chair and Councillor Dickerson be made Vice Chair. Carried Councillor Dickerson brought forward the following motion: Moved by David Steele Seconded by Craig Bamford Maurice Brenner be appointed to the Committee as a voting member due to the fact that Mr. Brenner was the past Chair and knows the history of Committee and its past accomplishments. Carried 5. Other Business University of Toronto Councillors O'Connell and Dickerson were approached by the University regarding a graduate program involving the studying of the Frenchman's Bay. Both Councillors felt it appropriate to bring this program to the Committee for approval. David Steele presented to the Committee a description of the fieldwork to be conducted by Professor Wells and completed by graduate students during the months of June and July of this year. The study will complement the Watershed Study that was discussed earlier. The study will be made available to the City for reference and information. This program and the study will be at no cost to the City. It was also suggested that Council's approval of the program and study is not necessary if the Committee approves of it. Steve Holt asked if there were any 'down side' to the program and study. Page 4 CORP0228-2/02 Councillor O'Connell advised that she and Councillor Dickerson had scrutinized the proposal and asked many questions and found that there are no 'down side' or 'hook' to the proposal. Moved by Jim Dike Seconded by Kevin Tower That the Waterfront Coordinating Committee approve the graduate program and study and that the University of Toronto provide a hard copy of their findings which will be received as information. Carried David Stone asked about the house on the West Spit. Discussion ensued on the history of the house and the current status. Jim Dike inquired if the next Canada Day celebration will be held in the Bay and not in Kinsmen Park. Maurice Brenner indicated he would like to have a barge secured for the celebration in the Bay, which could be used for fireworks. This would provide a safer venue. There would be more parking available and more community involvement. He stated we should encourage the use of trle waterfront. This would open the waterfront for further events and activities. The barge is owned by Steve Richardson who has agreed to donate it for the City's Lise. Kevin Tower stated the Dragon Boats are involved with celebrations. Further discussion ensued on the Frenchman's Bay Festival. Other suggestions made . Mardi Gras theme . Jazz festival on barge . Timing could be changed . Vendors for sponsorship . Fireworks Councillor Dickerson indicated that it may not happen this year as there are further discussions needed with the Festival Committee. Page 5 CORP0228-2/02 II~ Councillor O'Connell indicated that the barge is an ideal location for focal point to be located on the water and open up the waterfront area to accommodate other community events and activities. Events such as jazz festivals, bands and performance on the barge and fireworks in the Bay can be sponsored. Sponsorship of the barge will mean money for the waterfront. Patricia Korol inquired if Vendors were permitted. Councillor Dickerson indicated yes but away from the already existing commercial areas to avoid competition. Councillor O'Connell indicated that she will discuss with Ron Taylor about the expansion to the Duffin Water Pollution Control Plant and set up a meeting with the consultants to examine the plans to ensure they are on track with Committee's vision because with the new Council things may have changed. She will report back to the Committee. 6. Next Meetin Doris Chee indicated that at the next meeting the Work Plan will be discussed. The Terms of Reference for this Committee will also be available next meeting and the terms could be adjusted to suit the Committee's needs. David Stone noted that he will be unable to attend the April, June and October meetings as scheduled. Councillors O'Connell and Dickerson also will not be able to attend the April meeting as scheduled. It was decided that the April 19th meeting be moved to April 26th at the same time. Craig Bamford suggested that other members of the community that have an interest in the Waterfront should be invited to future meetings. Some of these members had representation in previous years: TRCA, OPG, Pickering Harbour Company, Region of Durham (DWPCP), etc. That a bigger meeting room should be used if other Public groups are to join the Committee meetings. It was agreed that invitations should be sent out. The next meeting will be held on April 26th, at 7 pm in the Main Committee Room. CORP0228-2/02 Councillor O'Connell to discuss with R. Taylor and set up meeting. Linda Roberts to confirm date and meeting room. Linda Roberts to send invitation to past represented groups. Page 6 Page 7 CORP0228-2/02