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Home My WebLink AboutJanuary 16, 2012 Citq o0 Executive Committee Meeting Agenda Monday, January 16, 2012 PI rKERI Council Chambers 7:30 pm Chair: Councillor Dickerson Part "A" Pages Public Information Meeting Chief Administrative Officer's Report, CAO 03-12 1-32 Public Meeting - Notice of the Passing of a By-law for Council Rules of Procedure Recommendation 1. That a public meeting be held for the purpose of soliciting comments with respect to a revised Council Rules of Procedure by-law; and 2. That upon review of the comments, the City Clerk present the by-law at the February 21, 2012 meeting of City Council. Part "B" Executive Committee Reports 1. Director, Office of Sustainability, Report OS 01-12 33-53 Marketing & Business Development Program 2011 Year End Summary Recommendation That Council receive for information, the 2011 Marketing & Business Development Year End Summary attached as Attachment No. 1 to Report OS 01-12. 2. Director, Community Services, Report CS 01-12 54-68 Speed Limits on City of Pickering Roads north of Taunton Road Amendment to By-law 6604/05 Recommendation Accessible For information related to accessibility requirements please contact P I C K S N G Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: IrobertsD.citvofgickerina.com Cztq oq Executive Committee Meeting Agenda Monday, January 16, 2012 PI KERI Council chambers 7:30 pm Chair: Councillor Dickerson 1. That Report CS 01-12 of the Director, Community Services regarding a proposed amendment to the municipal traffic and parking by-law 6604/05 to establish speed limits on City of Pickering roads north of Taunton Road be received;. 2. That the attached draft by-law be enacted to amend Schedule "9" to By-law 6604/05 to provide for the regulation of speed limits on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering. 3. Director, Community Services, Report CS 02-12 69-84 Request for Metro Linx-BikeLinx Funding to Install Sheltered, Safe and Secure Bicycle Parking at Strategic Locations in Pickering Recommendation 1. That Report CS 02-12 of the Director, Community Services regarding the request for MetroLinx-Bikelinx funding to install sheltered, safe and secure bicycle parking be received; 2. That Council endorse the request to the Regional Municipality of Durham to receive BikeLinx funding for sheltered, safe and secure bike parking at strategic locations in Pickering; 3. That the Mayor and the Clerk be authorized to execute any agreement to implement the BikeLinx funding program, that is in a form acceptable to the City Solicitor and the Director, Corporate Services & Treasurer; '4. That, should the Region approve BikeLinx funding for the locations on private property, the Region also be requested to enter into agreements with the third party property owners of those sites; and 5. That Report CS 02-12 be forwarded to the Regional Municipality of Durham for their consideration. 4. Director, Community Services, Report CS 03-12 85-95 The Canadian Progress Club - Durham South -Front Street Centre Lease Renewal Recommendation I C--ttq 00 Executive Committee Meeting Agenda Monday, January 16, 2012 PI KERI Council Chambers 7:30 pm Chair: Councillor Dickerson 1. That Report CS 03-12 be received by Council and; 2. That the Mayor and City Clerk be authorized to execute a renewal lease agreement to permit The Canadian Progress Club - Durham South to continue their use for club and community purposes at the Front Street Centre from February 1, 2012 to January 31, 2015 that is acceptable to the Director, Community Services and the City Solicitor. 5. Director, Community Services, Report CS 04-12 96-102 Tender No. T-17-2011 -Tender for Street Light Maintenance & Electrical Locates Recommendation 1. That Report CS 04-12 of the Director, Community Services regarding the tender for municipal street light maintenance and electrical locates be received; 2. That Tender No. T-17-2011 submitted by Langley Utilities Contracting Limited in the amount of $611,789.91 (HST included) and a net cost of $543,024.72 (net of HST rebate) be approved; 3. That the appropriate City of Pickering officials be given authority to give effect hereto. 6. Director, Corporate Services & Treasurer, Report CST 01-12 103-107 2012 Interim Levy and Interim Tax Instalment Due Dates Recommendation 1. That Report CST 01-12 of the Director, Corporate Services & Treasurer be received; 2. That an interim property tax levy be adopted for all realty property classes for 2012; 3. That the interim property tax levy tax instalment due dates be February 27 and April 27, 2012; Citq o0 Executive Committee Meeting Agenda Monday, January 16, 2012 PI -1 Council Chambers 7:30 pm Chair: Councillor Dickerson 4. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. (II) Other Business (III) Adjournment I Cirq Report To Executive Committee PICKERING Report Number: CAO 03 -12 Date: January 16, 2012 01 From: Paul Bigioni City Solicitor Subject: Public Meeting Notice of the Passing of a By-law for Council Rules of Procedure Recommendation: 1. That a public meeting be held for the purpose of soliciting comments with respect to a revised Council Rules of Procedure by-law; and 2. That upon review of the comments, the City Clerk present the by-law at the February 21; 2012 meeting of City Council. Executive Summary: As part of a review of the Council Rules of Procedure by-law, revisions are being recommended to create meeting efficiencies and clarification. Financial Implications: There are no financial implications associated with this by-law. Background: The Council Rules of Procedure by-law is reviewed during each new term of Council for any revisions deemed necessary. Revisions to the existing by-law are proposed to enhance meeting efficiencies and to clarify meeting procedures. In accordance with Subsection 238(4) of the Municipal Act, 2001, before passing a procedure by-law, "a municipality and local board shall give notice of its intention to pass the by-law." Accordingly, notice was given of the public meeting to be held on January 11, 2012 in the News Advertiser and posted on the City's website. A copy of the notice is included as Attachment No. 1 to this report. To date no written submissions have been received in this regard. f Report CAO 03-12 Dater January 16, 2012 Subject: Rules of Procedure By-law Page 2 02 Attachments: 1. Notice of Public Meeting 2. Draft Rules of Procedure By-law Prepared By: Approved/ Endorsed By: Debbie Shields Paul Bigioni City Clerk City Solicitor Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council J 4, ,20 r Z Ton Prevedel, Chief Administrative Officer CORP0227-07/01 A'TTACHMF,N1" . 1 - 03 NOTICE OF PUBLIC MEETING Passing of a Revised Procedural By-law TAKE NOTICE that the Executive Committee of the Council of the Corporation of the City of Pickering will hold a public meeting on Monday, January 16, 2012 at 7:30 pm in the Council Chambers, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, pursuant to the Municipal Act, to consider a revised procedural by-law. The purpose of the meeting is to inform the public about the proposed procedural by-law and to solicit public input. Any person wishing to address Council with respect to this matter must contact the undersigned on or before noon of Friday, January 13, 2012 to register as a delegation. The Council will also consider any written submissions. Copies of the report and proposed by-law will be available on or after January 13, 2012 during regular business hours. Any comments or requests for further information regarding the proposed procedural by-law may be directed to the City Clerk at 905.420.4660, ext. 2019. Dated at the City of Pickering this 11th day of January, 2012. Debbie Shields City Clerk t a4T~TAK~Hf~EN~'~- 04 The Corporation of the City of Pickering By-law XX/12 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.O. 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 C.ityof-Pickering hereby enacts as follows: Index Page Definitions ' 4 Application of this By-law' : 6 6 Duties Council" Mayor/Chair . Types of Meetings ~o~~f Council 3!,~, k 7 i Inaugural Meetm Regular Council ;Meetings,? Special Meetings o%,Co.uncil orya Standing Committee Closed Meetings Sxandm Com mittee Maetin s Statutory Public Meetings Advisory Committee Speciol;.or Ad Hoc Committee Closed Meetin g Rules 9 Public Information on Closed Meeting Business Information - C hfident-al Distribution of Ctlnfdential Material Limits on voting actions at closed meeting Attendance at a closed meeting Final decision on Items from closed meetings Authority to Speak on Closed Meeting Matters Enquiries Regarding Closed Meetings Contraventions Complaints About Appropriateness of a Closed Meeting Pecuniary Interest Rules 11 Actions prior to a meeting Notification of Meetings 12 By-law ****/12 Page 2 05 Public Notification Emergency Meeting Notification Meeting Cancellation Lack of Proper Notice Meetings 12 Place of Meetings Chairing of Meetings Clerk's Attendance at Meetings Recording of Minutes Committee Referral Committee Meeting - Rules of Procedure Prohibited - Signs, Banner, Emblems, Flags, Camera's, Video Recordings Access to Council Floor Meeting Called to Order Quorum Absence of Mayor/Chair Quorum when members absent because of a pecuniary interest Procedural Rules Agenda and Minutes Consideration of Items No Majority Decision- Committee Report Without Recommendation Adjournment Hour/All Meetings Motion to continue past 12:00 am Conduct at Meetings 15 Members of the Public Members of Council Action When Behaviour Inappropriate Order of Business 16 Change in Order Presentations 17 Delegations 17 Delegations at a Standing Committee Meeting Delegations Request for Action Delegation Time Limit Delegation Request for the Use of Audio Visual Equipment Priority of Delegations Conduct of Delegate Questions to the Delegate Delegations at Committee Correspondence 20 Committee Reports 20 New and Unfinished Business 20 By-law ****/12 Page 3 06 Requests for Substantive Reports Notices of Motion 21 By-laws 21 Confidential Report 21 Other Business 22 Confirmatory By-law 22 Adjournment 22 Rules of Debate 22 Chair reads motion aloud Requirement to Read Motion Decorum During Debate Recognition of Member Order of Speakers Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair's Decision Final Unless Appealed Appeal of Decision of Chair Common Motions 24 Seconding Withdrawal Priority of Disposition Questions of Privilege and Points of Order Motion to Table Motion to Divide Referral Motions Deferral Motions Amendments Adjournment Reconsideration Motion to Rescind Negative Motion Motion Impacting or Changing City Budgets Question Stated No Interruption After Question Voting 27 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes 07 By-law ****/l2 Page 4 No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Vote of Council Vote of Head of Council or Presiding Officer Vote on the Question Divided Motion - Vote Not Allowed Contingencies 29 Suspension of Rules 29 Two-Thirds Vote 29 Commencement and Administration 29 Definitions 1.1 Definitions: a) "Act" - The Municipal Act, S.O. 2001, c.25, as amended or re-enacted from time to time; b) "Acting Mayor" - The member of Council appointed to act in place of the Mayor under section 242 of the Act; c) "Chair - the person elected or chosen to preside over a Council, Standing Committee or other type of meeting. d) "Chief Administrative Officer" - the Chief Administrative Officer of the City of Pickering; e) "Clerk" - the Clerk of the City of Pickering; f) "Closed Meeting" - a Meeting which is not open for public attendance; g) "Committee" - committees including Standing Committees, Ad-Hoc Committees and Advisory Committees, which may be appointed by Council from time to time; h) "Council" - the Council of the City of Pickering; i) "Councillor" - the elected representative of a Ward on the Council of the City of Pickering; j) "Delegation" - an address to Council or a Committee by one or more persons who are not members of Council or City staff; By-law ****/12 Page 5 03 k) "Inaugural Meeting" - the first meeting of a new Council after a municipal election where the declarations of office are made; 1) - "Majority" - greater than 50% of the Members present; m) "Mayor" - the Head of Council for the City of Pickering; n) "Meeting" - any regular, special or other meeting of Council or a Committee where a Quorum is present, but does not include an Education Session; o) "Member" - a member of the Council or Committee; p) "Notice of Motion" - advance notice to Members of a matter on which Council will be asked to take a position; q) "Pecuniary Interest" - a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M. 50, as amended; r) "Presentation" - a ceremonial presentation to or from the City of Pickering; s) "Public Consultation Meeting" - a meeting hosted by staff, committee or Council in order to receive input from the public regarding a specific matter; t) "Recorded Vote" - the making of a written record of the name and the vote of each Member who votes on a question; u) "Regular Meeting" - a scheduled meeting held in accordance with the approved calendar/schedule of meetings; v) "Rules of Procedure - the rules which are set forth in this by-law; w) "Special Meeting" - a meeting of Council or a Committee that is arranged outside of the normal meeting schedule to deal with only specific item(s) of business; x) "Standing Committees" - the Meetings referred to in section 4.5 of this By- law. y) "Statutory Public Information Meeting" - a meeting that is legislated under an Act and hosted by staff, standing committee or Council in order to inform the members of the public about a matter; Application of this By-law 2.1 The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and shall be the rules of order of business in Council and Committee. In the case for which provision is not made in this By-law, the By-law "'M 2 Page 6 n procedure to be followed shall be determined by a majority vote of the Members present and voting. Duties 3.1 Council Members of Council shall come prepared to every Meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the Meeting. Whenever possible, the Member(s) shall make inquiries of staff regarding the materials supplied in advance of the Meeting. 3.2 Mayor/Chair The Mayor or Chair shall: a) Open the Meetings by taking the chair and calling the Members to order. b) Announce the business before Council or the Committee and the order in which it is to be acted upon. c) Receive and submit, in the proper manner, all motions presented by the Members. d) Put to a vote all motions, which are moved, or necessarily arise in the course of the proceedings, and announce the result. e) Enforce the Rules of Procedure and rule upon all procedural matters. f) Restrain the Members, when engaged in debate, within the Rules of Procedure. g) Enforce on all occasions the observance of order and decorum by the Members and any other persons present in the Chamber. h) Call by name, any Member persisting in breach of the Rules of Procedure and to order him/her to vacate the Chamber in which the meeting is being held. i) Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. j) Permit questions to be asked through the Chair of any staff in order to provide Members with information to assist any debate when the Chair deems it proper. k) Rule on any points of order or points of privilege without debate or comment. 1) Rule whether a motion or proposed amendment is in order. By-law ****/12 Page 7 ' 1 0 m) Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then put the vote. n) The Chair may speak and/or vote on any question, but if he/she wishes to make a motion, he/she shall first leave the Chair by designating an Acting Chair to act in their place, until they resume the Chair. o) Call for a motion to adjourn the Meeting when the business is concluded. Types of Meetings of Council 4.1 Inaugural Meeting a) The inaugural 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. 4.2 Regular Council Meetings a) All regular Meetings of the Council shall be held on the third Monday of each month at the hour of 7:30 pm 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. 4.3 Special Meetings of Council or a Standing Committee a) In addition to regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the special Meeting. b) Upon written 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 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 to the address provided by the Member of Council to the Clerk for delivery of By-law . /12 Page 8 Notices, and in default of provision of such address, to the Member's City Hall office. d) The notice to be given shall indicate the nature of the business to be considered, as well as the Special Meeting, date, time and place of the Special Meeting. e) No business other than that indicated in the notice shall be considered at the Special Meeting. 4.4 Closed Meetings a) All Meetings of Council closed to the public will be held prior to the regular start time, unless otherwise provide by resolution of Council, and will only deal with matters that Council is authorized to deal with in a closed session. 4.5 Standing Committee Meetings a) There shall be a Planning & Development Committee and an Executive Committee, to be considered as Standing Committees of Council for the purposes of this By-law, to be organized as follows: b) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. c) The Planning & Development Committee shall meet on the first Monday of each month at 7:30 pm in the Council Chambers. It shall be the duty of the Planning & Development Committee to study and report to Council on matters under the jurisdiction of the Planning & Development Department. d) The Executive Committee shall meet on the second Monday -of each month at 7:30 pm in the Council Chambers. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Administration Department, the Corporate Services Department, the Community Services Department and the Office of Sustainability. 4.6 Statutory Public Information Meetings a) Public hearings shall be held at Standing Committee meetings, as required by applicable legislation, or by Council, or when considered desirable by staff. b) Appropriate advertising shall be undertaken as required by applicable legislation, by-law or according to City policy, to advise interested persons of the subject, date and time. 12 By-law ****/12 Page 9 4.7 Advisory Committees a) All Advisory Committees of Council are required to adhere to this Procedural By-law and 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; and b) All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council. 4.8 Special or Ad Hoc Committee Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. When a Special or Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved. Closed Meeting Rules 5.1 General a) 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 or disposition of land by the City; (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; or b) a meeting held for the purpose of educating or training the Members of Council may be closed to the public, provided that no Member discusses or otherwise deals with any matter at the meeting in a way that materially advances the business or decision-making of the Council, local board or committee. By-law ****/12 Page 10 13 5.2 Public information on closed meeting business a) Before holding a Closed Meeting or part of a Meeting that is to be closed to the public, Council or a Committee must state the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting and if the Closed Meeting is an Education session the fact that it is closed pursuant to section 239(3.1) of the Act. b) If a member of Council wishes to introduce new business at a Closed Meeting, it must be introduced in open session after roll call while Council is still in the Chambers. Two Thirds of Council must determine, by vote, whether the matter will be dealt with in closed session that evening. No debate on the issue will take place until the motion to deal with the new business has been decided. 5.3 Information - Confidential All information, documentation or deliberations received, reviewed, or taken in a Closed Meeting, including the agenda, is confidential and must not be released to the public or any individual not entitled to be present at the Closed Meeting. 5.4 Distribution of confidential material The Clerk must distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member's name. Confidential material must not be emailed to Members or staff. 5.5 Limits on voting actions at Closed Meeting No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, employees or agents of the City, or persons retained by or under contract with the City. There shall be no recorded votes at Closed Meetings. 5.6 Attendance at a Closed Meeting Members can only attend a Closed Meeting in person. 5.7 Final decision on item from Closed Meeting Subject to the provisions of Section 239 of the Act, a Closed Meeting agenda item that requires a final decision must be implemented by Council resolution or By-law at a future public meeting of Council. 5.8 Authority to speak on Closed Meeting matters Only the Mayor or the Mayor's delegate may release information about any matters'' dealt with at a Closed Meeting, no other Member is permitted to do so. 6y-law ****/12 Page 11 5.9 Enquiries regarding Closed Meetings The response of Members to inquiries about any matter dealt with by Council or a Committee at a Closed Meeting, prior to it being reported publicly, must be "no comment", or words to that effect. No member is allowed to release or make public any information considered at a Closed Meeting or discuss the contents of such a Meeting with anyone other than Members or staff who were present at the Closed Meeting. 5.10 Contraventions a) Any Member who contravenes section 7.8 or section 7.9 is guilty of an offence and upon conviction may be liable to a fine or penalty as provided for in the Provincial Offences Act. b) A decision to prosecute a Member under this section may only be' made after Council has met to consider the matter, at which time the Member proposed to be prosecuted may be present and has the option of attending with legal counsel. The said Member has the option of requesting that the Meeting be held in public or that it be closed to the public. c) No prosecution for a contravention of section 7.8 or section 7.9 may be commenced except on the direction of Council, expressed in a resolution of Council. 5.11 Complaints about the appropriateness of a Closed Meeting Any complaints made in relation to Closed Meetings under section 239.1 of the Act must be in writing pursuant to section 239.2 of the Act and directed to the Clerk who will forward them to the Investigator appointed by Council. All complaints will be treated as confidential at all times and will be forwarded directly to the Investigator to be dealt with as required by section 239.2 of the Act. Pecuniary Interest Rules 6.1 The purpose of the Municipal Conflict of Interest Act is to ensure Members, do not personally profit from a decision they played a role in making. The Act, as per appendix I attached, lays out the procedure that elected officials must follow when faced with an issue whose outcome could potentially impact their pecuniary interests. 6.2 Actions prior to a meeting In addition to fully complying with all obligations imposed by the Municipal Conflict of Interest Act, when a Member, has a pecuniary interest in a matter on a Meeting agenda or in a Closed Meeting, the Member must not attempt in any way, either before, during, or after the Meeting, to influence the voting on the matter. By-law ****/12 Page 12 Notification of Meetings 7.1 Public Notification Public notification shall be deemed to have been given by the posting of the Council or Committee agenda on the City website and available for public review in the office of the City Clerk as follows: a) Committee Meetings - by 4:00 pm on the Friday, 10 days prior to the meeting date. b) Council Meetings - by 4:00 pm on the Friday preceding the Council meeting. c) Special Meetings - at least twenty-four hours preceding the meeting. d) Closed Meetings - at least twenty-four hours preceding the meeting. 7.2 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as possible and in the most expedient manner available. 7.3 Meeting Cancellation Upon notice of a Meeting cancellation, the Clerk shall attempt to notify the public as soon as possible and in the most expedient manner available. 7.4 Lack of Proper Notice Lack of proper notice of a Meeting will not affect the validity of holding a Meeting or of any action taken at the Meeting provided that all Members attend the Meeting or Members who are not in attendance individually inform the Clerk that they consent to the holding of the Meeting even though they cannot be present. Meetings 8.1 Place of Meetings All regular Meetings of the Council and Standing Committee meetings shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by resolution of Council. 8.2 Chairing of Meetings a) Every Council meeting shall be chaired by the Mayor, if present; b) The Chair of the Standing Committees shall be rotated each meeting amongst the Members of Council, in alphabetical order. 16 By-law ****/12 Page 13 8.3 Clerk's Attendance at Meetings The City Clerk or Clerks designate, shall be present at all meetings of Council; however, he/she may delegate some member of staff to act in his/her stead at a Standing Committee meeting. 8.4 Recording of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be closed to the public or not; b) The record required by the Municipal Act in respect of a Meeting, 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. 8.5 Committee Meetings - Rules of Procedure 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, and b) A report, setting out the recommendations of the Committees, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. 8.6 Prohibited -Signs, Banner, Emblems, Flags, Camera's, Video Recordings a) Signs, banners, emblems, flags, cameras and video recordings are prohibited in the Chambers except by permission of the Chair. b No person shall applaud participants in debate or engage in conversation or other behaviour which may disrupt the proceedings of Council or a Committee 8.7 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk: a) Shall be allowed on the floor of the place a meeting is being held while Council or a Committee is sitting; b) All material to be distributed to Council during a meeting can only be distributed by the Clerk or the Clerks designate. 17 By-law ****/12 Page 14 8.8 Meeting Called To Order The Chair, 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. 8.9 Quorum a) 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. b) A majority of the Members elected to the Council shall constitute a quorum. 8.10 Absence of Chair a) Council Meetings - If the Mayor does not attend within fifteen minutes after the 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 a resolution of Council 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 of the Mayor and Acting Mayor, and such Member shall have the same authority as the Mayor. c) Standing Committee Meetings - If the Chair does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of the Committee and if a quorum is present, the Council Member who is next in alphabetical order to Chair will assume the position of Chair. 8.11 Agendas and Minutes The agendas, minutes and any written notices pertaining to any Standing Committee and Council meeting shall be sent to all Members of Council. 8.12 Consideration of Items 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. 8.13 No Majority Decision - Committee Report Without Recommendation When a standing committee is unable to reach a majority decision on any matter, such matters shall be deemed to be in the possession of the Council for its disposition and reported to Council with the recommendation, "Council Direction Required". By-flaw ****/12 Page 15 8.14 Adjournment Hour/All Meetings All regular Meetings shall stand adjourned when all business has been completed as listed on the Order of Business or upon the arrival of the hour of 12:00 am. 8.15 Motion to continue past 12:00 am a) In the event the business before Council has not been completed at the hour of 12:00 am, then Council by a majority vote of all the Members present may approve an extension of the Meeting to the hour of 1:00 am. b) At 1:00 am any unfinished business shall be deferred to the next regular Meeting of Council, unless a resolution of Council to reconvene the Council Meeting to another day and time prior to the next regular Meeting of Council is adopted by majority vote. If a resolution of Council to reconvene the Council Meeting to another day prior to the next regular Meeting is adopted, the Meeting must be rescheduled not sooner than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. c) Motions to continue past 12:00 am are not debatable. Conduct at Meetings 9.1 Members of the Public The Chair will ensure that members of the Public shall be respectful of Council, staff, delegations and all attendees at the Meeting by not heckling, speaking disruptively while debate is in progress, making comments or applauding. 9.2 Members of Council Members of Council shall: a) act in accordance with their Oath of Elected Appointed Officials; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings. d) not 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; e) not use,offensive words or unparliamentary language in or against Council or against any Member; By-law ****/12 Page 16 19 f) not speak on any subject other than the motion being debated; g) not criticize any decision of Council except for the purpose of moving a motion to be reconsidered. 9.3 Actions When Behaviour Inappropriate 9.4 The Chair may Call the person to Order and take one or more of the following actions: a) decide that there was no beach of the rule. b) ask the person in breach of the rules to stop the behaviour; c) ask the person to withdraw what was said; d) ask the person to apologize, or 9.5 If previous attempts to call the member to order have failed, the Chair may, not recognize the person, for the balance of that meeting. Order of Business 10.1 The Order of Business for the regular Meetings of Council shall be as follows: (a) Meeting Called To Order (b) Invocation (c) Disclosures of Interest (d) Minutes of Previous Meetings (e) Presentations (f) Delegations (g) Correspondence (h) Committee Reports (i) New and Unfinished Business (j) Motions and Notices of Motion (k) By-laws (1) Confidential Report (m) Other Business (n) Confirmation By-law (o) Adjournment. 10.2 Change in Order 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. ~Olaw ****/12 Page 17 Presentations 11.1 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) It shall be the duty of the Mayor to make presentations and accept presentation, on behalf of Council, at proceedings of Council. Where a presentation is made or accepted from an organization on which a member of Council has been appointed to sit, the presentation shall be jointly made or accepted with the appointed member of Council. Where otherwise appropriate, presentations may be made or accepted jointly with another member or members of Council Delegations 12.1 Delegations a) All delegations shall, first appear before a Standing Committee having charge of the matter. b) If the delegation has submitted information to a Standing Committee on an item listed on the agenda, the Clerk shall not register, the delegation again at the Council Meeting unless the delegate has new information to submit due to the fact that all seven members of Council would have heard the delegation at the Standing Committee. c) All delegations desiring to be noted in the agenda to verbally present information on agenda matters may make application stating the nature of the issues they wish to address to the Clerk. The request must be in writing and submitted to the Clerk no later than 4:00 pm on the Wednesday prior to the meeting. A written brief is encouraged and, if submitted to the Clerk by noon on the Friday preceding the meeting shall be copied and distributed as- "Delegation" submissions to Members. d) 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. By-law ****/12 Page 18 21 e) Delegation requests for items not listed on an agenda must be referred to City staff having charge of the matter first. Appearance before the Standing Committee would be only after all efforts to deal with or arrive at a solution on the subject matter have failed. f) Delegations that have presented information on matters of fact shall be limited to one appearance in a calendar year on a specific subject. 12.2 Delegation Time Limit a) A maximum of five minutes shall be allotted for each delegation to present his/her position of support or opposition to the relevant item on the Order of Business. b) Delegations will not be permitted to assume any unused time allocated to another delegation. 12.3 Delegations at a Statutory Public Meeting Delegations will be permitted from the gallery without prior registration only during the public hearing portion of a Meeting under the provisions of the Planning Act, or prior to the adoption of certain by-laws at a Council Meeting, if required, to comply with applicable laws. Delegations are not required to register for a Statutory Public Meeting but, are encouraged to do so in order to facilitate the efficient conduct of the Meeting. 12.4 Delegations request for action Delegations which appear at a meeting and request that action be taken by the Council shall be referred to City staff, for a report that shall be dealt with at a future Meeting of Council. 12.5 Audio Visual Equipment for Delegation Audio visual equipment may be used to assist in presentations by delegations, provided that permission has been obtained for use of such equipment from the Clerk at the time the delegation registered with the Clerk. Any delegation material must be to the Clerk by 12:00 noon on the Friday before the Committee meeting. 12.6 Priority of Delegations The priority in which delegations shall be considered by Council shall be in accordance with the following: a) delegations shall be listed in the agenda in the order in which requests were 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 By-aw ****/12 Page 19 proponent the opportunity of making presentation after all other interested persons have done so; and b) 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, shall be heard only if permitted by two-thirds vote, and, if so permitted shall be heard after all registered delegations. 12.7 Conduct of the Delegate a) The Chair may curtail any delegation, any questions of a delegation or any debate during a delegation for disorder or any other breach of this by-law and, if the Chair rules that the delegation is concluded, the person or persons appearing shall end the delegation, and the decision of the Chair shall not be subject to any challenge. b) Delegations shall not: (i) speak disrespectfully of any person; (ii) use offensive words; (iii) speak on any subject other than the subject for which they have received approval to address Committee/Council; (iv) disobey a decision of the Chair or Committee or Council; (v) enter into cross debate with other delegations, City staff, Council Members or the Chair. 12.8 Questions to the Delegate a) Upon the completion of a presentation to Committee or Council by a delegation, any discussion between Members and the delegation shall be limited to Members asking questions for clarification and obtaining additional, relevant information only. b) Members may ask up to 5 questions of the delegation or with leave of the Chair additional questions if required. c) All questions to the delegation from Members shall be stated succinctly, and questions stated as "are you aware", "do you agree" shall not be used as they do not seek clarification or additional information. Questions shall not be used by Members as a means of making statements or assertions, it being understood that delegations are an opportunity for delegates not Members, to make their views know. Members shall not enter into debate and questions to the delegation shall be presented in a courteous and non- argumentative manner. d) Once a motion has been moved and seconded, no further representation or questions of the delegation shall be permitted. By-law ****/12 Page 20 ? Correspondence 13.1 Correspondence a) All correspondence intended to be presented to Council through the Council agenda shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shall be.filed with the Clerk by no later than 12:00 noon on the Wednesday before the Meeting of Council. b) The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda. c) Petitions are a specific form of correspondence that must be presented to the Clerk for Committee or Council action. Petitions must include a statement or position that the signers are supporting, the legible printed names of the signers and the original signatures of each of the signers. Individuals who are represented by photocopies of their signatures will not be considered valid supporters of the petition. The individual or group initiating the petition, or submitting the petition to the Clerk, must provide a key contact name, address and telephone contact information to the Clerk. Committee Reports 14.1 Committee Reports Standing Committee reports which are to be adopted by Council shall be forwarded to the first regular Council Meeting following the meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. New and Unfinished Business 15.1 Reports of an Urgent Nature Departmental reports which are deemed by the Chief Administrative Officer to be of an urgent nature and 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. 15.2 Introduction of a Motion a) 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. b) A Member desiring to introduce a main motion must do so in writing to the Clerk. 24 By-law ****/12 Page 21 Notice of Motion 16.1 Notices of Motion a) A Member desiring to introduce a notice of motion must do so at a meeting, in writing at least 10 days prior to the Meeting at which the motion will be dealt with. b) In order to be listed in the agenda a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 pm on the Wednesday prior to the Council Meeting at which the motion will be dealt with. c) The Clerk, upon receipt of a notice of motion in accordance with a) and b), shall print the motion in full in the agenda for that regular meeting of the Council. d) A notice of motion that has been introduced but does not appear on the agenda within two Council meetings shall be removed from the list of upcoming agenda items, unless otherwise directed by Council. By-laws 17.1 By-laws a) All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of the by-law, at which time the subject by-law shall be removed from the motion and dealt with separately. b) 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; and c) 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. Confidential Report 18.1 Confidential Report When a Closed Meeting of Council has been held, the report of the Closed Meeting shall be forwarded to the first Regular Council meeting following the Closed Meeting and shall be listed under the Confidential Section of the agenda, to be adopted and confirmed in a single motion. Items within the Confidential report cannot be pulled for discussion or debate. By-law ****/12 Page 22 -2-5 Other Business 19.1 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance/interest. 19.2 Notice of Motion A Member who wishes to give notice of a motion to be brought forward for future Council consideration shall do so in writing under "Other Business". 19.3 Substantive Information Reports All Members' requests for substantive information to staff, shall be made by motion in writing and shall require the approval of a majority of Members present at a Meeting. Motions to request reports shall identify the appropriate Department and/or Director and the objective(s) of the report. Confirmatory By-law 20.1 Confirmatory By-law At the conclusion of all regular and special Meetings of Council, and prior to adjournment, a by-law shall be brought forward to confirm the actions of the Council in respect of all motions, resolutions and other actions 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. Adjournment 21.1 Adjournment The Council may adjourn upon a motion, which is non-debatable and approved by the majority of Members present. Rules of Debate 22.1 Chair reads motion aloud To begin debate, the Chair reads the motion aloud. 22.2 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. By law ****/12 Page 23 22.3 Decorum During Debate During debate, and while the Chair is speaking, or when 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 except to raise a point of order. 22.4 Recognition of Member Every Member shall raise their hand and be recognized by the Chair prior to speaking to any matter or motion. 22.5 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. 22.6 Speaking to a Motion A maximum of five minutes shall be allotted to each member wising to speak to present his/her position on the motion. No Member shall speak more than once to the same motion except: a) with leave of the Chair, for not more than 1 minute, in explanation of a material part of their speech which may have been interpreted incorrectly; b) with leave of the Chair, for not more than 5 minutes, after all other Members so desiring have spoken; c) in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a five minute period; or 22.7 Questioning 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 the 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. 22.8 Proceedings Decided by 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 ****/12 Page 24 27 22.9 Chair's Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair's decision, the decision of the Chair shall be final. 22.10 Appeal of Decision of Chair 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. The question to Council would be "Do you support the Chair's ruling, "Yes" or "No". A tie vote sustains the decision of the Chair. Common Motions 23.1 Seconding A motion must be formally seconded before the Chair can put the question or for it to be. recorded in the Minutes. 23.2 Withdrawal The mover and seconder may withdraw a motion or a notice of motion at any time prior to it being read, the motion is not included in the minutes of the meeting. After a motion has been 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. 23.3 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 any one 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. 23.4 Questions of Privilege and Points of Order When a Member has a point of order or question of privilege it shall be considered and decided immediately. The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the matter. After leave is granted, the Member has not more B?-L ****/12 Page 25 than 1 minute to state his/her point to the Chair and await the decision of the Chair. Once the Chair has made a decision the business of Council shall resume at the point where it was suspended. 23.5 Motion to Table A Member shall not be allowed to speak to a motion and immediately move a tabling motion. 23.6 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 present and voting. 23.7 Referral Motions a) A motion to refer a motion or matter to a Committee or to City staff with instructions is debatable and amendable but, shall be disposed of by Council before the original motion or any other motion pertaining to the original motion. b) A member who moves a motion to refer shall also include in the motion: (i) The name of the committee, body or official to-whom the motion or amendment is to be referred; (ii) The terms upon which it is to be referred; and (iii) The date or period, if any, within which the matter is to be .returned. 23.8 Deferral Motions A motion to defer must include time, place, and the purpose of the deferral, if applicable and 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. 23.9 Amendments a) A motion to amend: i) shall be presented in writing if requested by the Chair; ii) shall be relevant to the original motion; iii) shall be disposed of by Council before the original motion; and iv) shall not be received if it proposes a direct negative to the original motion. b) a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original motion; By-law ****/12 Page 26 c) only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion; 23.10 Adjournment A motion to adjourn shall always be in order except as provided in this section and shall be put immediately without debate; a) when resolved in the negative, cannot be made again until after some intermediate proceedings shall have been completed by Council; b) is not in order when a Member is speaking or during the verification of a vote; c) cannot be amended; and d), is not in order immediately following the affirmative resolution for the previous question. 23.11 Reconsideration After a matter has been decided, any Member who voted in the majority may move for reconsideration at the same meeting, or may give notice of a motion for. reconsideration of the matter at a subsequent meeting. No discussion of the original motion shall be allowed until the motion for reconsideration has carried. A reconsideration motion requires a two thirds vote of the members present. No matter shall be reconsidered more than once within 12 months. 23.12 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. 23.13 Negative 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. 23.14 Motions Impacting or Changing City Budgets Any motion, the approval of which would result in a budgeting impact or change, are to be referred to City staff or to the appropriate Standing Committee for a report regarding the impact or change before being debated at Council. i 30 By-law ****/12 Page 27 23.15 Question Stated 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. 23.16 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. Voting 24.1 Requirement to Vote All members present and seated must vote, if a Member is present and does 'not vote it is deemed to be a no vote. 24.2 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. 24.3 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 24.4 Determination of Votes The manner of determining the decision of Council on a motion shall be by the prominent show of hands. 24.5 No Secret Voting No vote may be taken by ballot or any other method of secret voting. 24.6 Decorum While Calling 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 ****/12 Page 28 31 24.7 Disagreement 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. 24.8 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 continuing alphabetically from that member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. 24.9 Vote of Head of Council or Presiding 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. 24.10 Vote on the Question A motion that a vote on the question be now taken: a) cannot be amended or debated; b) 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, shall be followed immediately by the original motion which shall 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"; and e) requires a two-thirds vote of the Members present. 24.11 Divided Motion - 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. r ****/l By law 2 Page 29 Contingencies 25.1 Contingencies In all contingencies not provided for in this by-law, the question shall be decided by the Chair and in making such a ruling; the decision shall be based on Roberts Rules of Order. Suspension of Rules 26.1 Suspension of Rules Any procedure required by this by-law may be suspended with consent of not less than two-thirds of the Members present. Two-Thirds Vote 27.1 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 four of six Members three of five Members three of four Members Commencement and Administration 28.1 This by-law shall be administered by the Clerk. 28.2 By-law 6746/07 is hereby repealed. 28.3 The short title of this by-law is the "Procedural By-law". By-law passed this day of XX, 2012. David Ryan, Mayor Debbie Shields, City Clerk i Cif Report to Executive Committee 33 PICKERING Report Number: OS 01-12 Date: January 16, 2012 From: Thomas Melymuk Director, Office of Sustainability Subject: Marketing & Business Development Program - 2011 Year End Summary - File: D-1400 - 005 Recommendation: 1. That Council receive for information, the 2011 Marketing & Business Development Year End Summary attached as Attachment No. 1 to Report OS 01-12. Executive Summary: The Economic Development Office has prepared a 2011 Marketing & Business Development Year End Summary which is attached to this Report for information purposes. The Year End Summary describes the actions and accomplishments of the City's Marketing & Business Development Program and summarizes the proposed 2012 work plan for the Economic Development Office. Financial Implications: not applicable Sustainability Implications: not applicable RReport OS 01-12 January 16, 2012 4 Subject: Marketing & Business Development Program 2011 Year End Summary Page 2 Background: The City's Marketing & Business Development Program is delivered in an effective and professional manner by the City's Economic Development Office. The program is organized under three broad program areas: • business retention and expansion • business attraction • investment readiness The activities undertaken under each program area are described in detail in the attached Year End Summary. Below, for your information, is a listing of the main activities undertaken under each program area. Business Retention & Corporate Calling Program Expansion Business Support Services Economic Development Partnerships Business Expansions Business Directory Economic Development Publications Business Website Business Attraction Investment Enquiry Responses Development Response Teams Foreign Direct Investment Grand Openings Supporting Small Business Start-Ups Marketing & Promotional Materials Image Inventory Investment Readiness Research & Databases Labour Force Tracking Employment Land Absorption Investment Response Packages Downtown Intensification Plan Business Infrastructure Filming Economic Development Presentations CORP0227-07/01 revised i ..J Report OS 01-12 January 16, 2012 Subject: Marketing & Business Development Program - 2011 Year End Summary Page 3 2012 Economic Development Program Focus for 2012 Work Plan The attached Year End Summary also includes the 2012 work plan for the City's Economic Development Office. Attachments: 1. 2011 Marketing & Business Development Program - Year End Summary Prepared By: Approved/ ~dorsed By: Catherine Hodge Lynn interstein Coordinator, Economic Development Manager, Marketing & Business Development i z Jadn Thomas Memuk fonm ic Development Officer Director, Office of Sustainability CH:ch Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 1 1 x01 Tony ? evedel, P. Eng. Chief Administrative Officer CORP0227-07/01 revised Attachment No. 1 to Report OS 01-12 ?6 af/ JJ Connected. Supportive. Sustainable. 2011 Marketing g & .Business Development Program Year End Summary January 2012 Prepared by: City of Pickering Economic Development Office Attachment No. 1 to Report OS 01-12 Pickering Economic Development Office 7 2011 Marketing & Business Development Program Year End Summary Table of Contents Section 1 Business Retention & Expansion 1 1.1 Corporate Calling Program 1 1.2 Business Support Services 4 1.3 Economic Development Partnerships 5 1.4 Business Expansions 7 1.5 Business Directory 7 1.6 Economic Development Publications 8 1.7 Business Website 9 Section 2 Business Attraction 10 2.1 Investment Enquiry Responses 10 2.2 Development Response Teams 10 2.3 Foreign Direct Investment 11 2.4 Grand Openings 11 2.5 Supporting Small Business Start-Ups 11 2.6 Marketing & Promotional Materials 12 2.7 Image Inventory 12 Section 3 Investment Readiness 13 3.1 Research & Databases 13 3.2 Labour Force Tracking 13 3.3 Employment Land Absorption 13 3.4 Investment Response Packages 14 3.5 Downtown Intensification Program 14 3.6 Business Infrastructure 15 3.7 Filming 15 3.8 Economic Development Presentations 15 Section 4 2012 Economic Development Office Work Plan 16 Attachment No. 1 to Report OS 01-12 3 Pickering Economic Development Office 2011 Marketing & Business Development Year End Summary Within the Office of Sustainability, the City's Economic Development Office focuses on three major program areas: Business Retention & Expansion, Business Attraction and Investment Readiness. The underlying goal of all three of the program areas is to retain and attract desirable investment, jobs, and assessment growth to our community. Section 1 Business Retention & Expansion 1.1 Corporate Calling Program Corporate calling is foundational to a successful Business Retention & Expansion program. An effective corporate calling program allows the City to obtain information on the economic health of the community, understand and address barriers to business growth, and promote the City through the communication of local business successes. In 2011, the Economic Development Office facilitated 28 targeted corporate calls to a cross section of our industrial businesses, with a focus on those businesses operating in the Advanced Manufacturing sector and in our EN3 Cluster (Energy, Environmental & Engineering). A list of companies visited in 2011 is shown on the chart on the next page. Most companies visited expressed a pride and satisfaction in Pickering, and felt the City offered a number of business advantages, including: • reasonable tax rates • access to an excellent transportation network • a well educated and trained workforce • quality of life 1 I Attachment No. 1 to Report OS 01-12 City of Pickering 2011 Corporate Calls 3 Q Company Sector Chemetics Inc. Energy, Mining Eco-Tec Inc. Environmental Hubbell Canada LP Lighting Nelson Industrial Metal Fabrication Noranco Manufacturing Aerospace/Auto Purdue Pharma Pharmaceutics Pe Pere go Distribution & assembly Ellis Packaging Design & Manufacture - Packaging Lenbrook Group Audio electronics Tetra Tech WEI former) Wardro Nuclear Engineering Intellimeter Canada Inc. Smart Grid, Metering Areva L Nuclear D & R Custom Steel Fabrication Manufacturing Signature Aluminum Manufacturing Patene Building Distribution/Construction Jemm Truck & Trailer Industrial Truck repair Priority Submeterin Solutions Ener Sector Somcam Marketing & Distribution B kart Software Ltd. IT Lawrcon Electric Manufacturing/Energy RCM Technologies IT/ Energy Crossb Dewar Manufacturing/Energy B&C Plastics Manufacturing TML Industries Manufacturing Convoy Construction Materials Distribution Indaco Manufacturing Ltd. Manufacturing Renewable Energy Management REM Ener Triden Distributors Ltd. Manufacturing & Distribution Successful corporate calls are often the first step in establishing business ambassadors for the City. The following statement from Warren Beacom, President of Intellimeter Canada Inc. has been included as a corporate testimonial in the City's Community Profile: The understanding we have reached with our local municipal government and the people we have come to know there is such a positive thing. I cannot explain the comfort it provides us of Intellimeter. Running a business and contributing to the economic stability of our community is a pleasure when we have such a reasonable group of professionals to work with at City Hall. 2 Attachment No. 1 to Report OS 01-12 40 Our corporate calling program has also revealed some business challenges including: Shortage of skilled trades in our Advanced Manufacturing sector To help address this concern the Economic Development Office is working closely with local academic and training institutions such as the University of Ontario Institute of Technology and Durham College to provide input on the types of courses that should be offered to meet the needs of our manufacturing sector. We also assist in identifying opportunities for companies to hire graduates and take on apprentices or placement students to assist with product research and development. The timing of completion of Hwy 407 ETR to Hwy 35/115 to accommodate just in time delivery of product to locations east of Durham The Economic Development Office reiterated this concern through our participation in the Government Relations Committee of the Ajax-Pickering Board of Trade, a committee that communicates with the Province of Ontario and Federal Government on behalf of our local businesses with respect to policies and investments that affect our economic-well being. The delay in `new build' work at the Darlington Nuclear facility Several nuclear service companies have moved into Pickering in expectation of increased work opportunities related to the Darlington new build. Delays in a decision to build new reactors at Darlington have affected the short term projected growth of their Pickering operations. Limited supply of industrial land and space in Pickering A number of companies advised the City they are at capacity and may need to expand in 2012. The Economic Development Office is working with these companies to help address their expansion needs. While-these proposed expansions reflect positively on the health of our economy, the limited supply of available space in Pickering caused one company to purchase a facility in Whitby. However, their Pickering space has already been taken up by an adjacent business. The need for improved local business relationships Some companies expressed difficulties when conducting business with other Pickering companies. This Office communicated these concerns and helped arrange discussions between the parties. This resulted in improved local business relationships. 3 Attachment No. 1 to Report OS 01-12 Corporate calls are also used to identify potential business opportunities that would 41 benefit from City assistance. For example, the Economic Development Office is working with a company that has developed a medical sector software product to manage the booking process for cancer treatment protocols. We were approached for assistance with the commercialization of the new product, and introduced that company to staff at the Durham College Office of Research Services and Innovation. The company and the college are now working collaboratively on a program to cross-market the product. This was followed up with a further collaboration with a Pickering metal fabricating company for the production of a prototype needed to house the software product. 1.2 Business Support Another core service of the City's Business Expansion and Retention Program is day to day business support. Having a detailed understanding of the products and services produced and distributed by our businesses allows us to better identify opportunities for business development. Below are some examples of how the Economic Development Office supports Pickering businesses: • A meeting was arranged between a Pickering manufacturing company and representatives from the provincial Ministry of Economic Development and Innovation, and the federal Department of Foreign Investment and International Trade. The manufacturing company is now working toward the sale of a new compostable, bio-polymer agricultural film in both Mexico and Central America. The company has also received funding for the purchase of new batching equipment to facilitate the production of a new compostable bio- polymer product that can be shipped easily world-wide. • A local packaging company was introduced to a major pharmaceutical company in Pickering to discuss opportunities to provide design and packaging services. Arrangements were also made for representatives of the packaging company to meet with a business delegation from Ireland, facilitated through UOIT and the Durham Economic Development Office. • Business meetings were arranged for two Pickering companies with the Beijing Business Development Group. Both Pickering companies reported they were grateful for the opportunity. • Pickering supply chain companies in energy, water treatment and security services were alerted of the opportunity to supply services to the Durham Energy Centre new build in Clarington; • A Pickering manufacturing company was introduced to the Excellence in Manufacturing Consortium for the provision of Lean training and WSIB training. i 4 4 2 Attachment No. 1 to Report OS 01-12 1.3 Economic Development Partnerships The City works with a number of economic development partners to support local . businesses. 1.3.1 Ajax-Pickering Board of Trade (APBOT) Staff actively participates on the Board of Directors and Government Relations Committee of APBOT to represent the City's economic development interests. Attendance at Board of Trade meetings and events help to establish and maintain positive working relationships with our local business leaders. This year we encouraged APBOT members' participation in the City's Bicentennial programs including Pickering Blooms and corporate memberships at the Recreation Complex. Through sponsorship and attendance at a local business trade show we were able to secure a corporate call with a local company. This call provided valuable information on the company's participation in and experience with the provincial FIT and MicroFit programs. Opportunities to provide continuing education to our business community came through sponsorship of the APBOT Next Generation of Manufacturing Seminar Series. Our partnership also gives us the opportunity to recognize local business leaders through the annual APBOT Business Excellence Awards. 1.3.2 Durham Economic Development Partnership (DEDP) The DEDP is a partnership of economic development offices unique to the Greater Toronto Area. The partnership includes Durham Region and its five lakeshore communities. The mandate of DEDP is to increase the investment attraction potential of each municipal partner as well as the Region as a whole. The work program for DEDP gives Pickering access to investment opportunities and enquiries received by the Greater Toronto Marketing Alliance, the Ministry of Economic Development & Innovation, and the Durham Economic Development Office. As a result of this Partnership, the City participated in a business attraction program that targeted a national and global audience. Pooling resources through DEDP enables us to deliver a higher-level of service in a cost-effective manner, and obtain needed demographic data, statistical information, consulting services and online economic development tools. Examples include: • a new branding initiative reflective of our diversity and ability to provide integrated investment attraction services; • review of a new on-line manufacturing network, iMiN, hosted by the Excellence in Manufacturing Consortium; • a real estate. sector engagement program to increase awareness of investment opportunities in the City of Pickering and Region of Durham; 5 Attachment No. 1 to Report OS 01-12 • involvement in a Rural Broadband Program to improve telecommunications 43 infrastructure in our rural area; • development of professional manufacturing profiles for a number of Pickering companies; and • participation in various business development events including a realtor appreciation event, a Smart Grid conference, a national commercial realtor conference, and an international realtor and site selector conference. 1.3.3 Ministry of Economic Development and Innovation (MEDI) The City works with the Durham branch of MEDI to provide support to our business community in the understanding and approval of provincial funding programs and business expansion best practices. Pickering has adopted the reciprocal practice of inviting MEDI staff to our corporate calls, thus increasing the number and value of the visits for both this office and the business owner. Together with the City, MEDI is currently working with several local businesses. 1.3.4 Greater Toronto Marketing Alliance (GTMA) This Office participates in the investment attraction program of the GTMA for the purpose of receiving notices of foreign direct investment opportunities. Economic development staff have attended a number of the GTMA networking and professional development events and responded to several investment enquiries provided through the GTMA. 1.3.5 Greater Toronto Countryside Mayors Alliance (GTCMA) The Greater Toronto Countryside Mayors Alliance (GTCMA) is made up of fourteen municipalities in the Greater Toronto Area. Formed in 2004, the GTCMA discusses rural economic issues, monitors federal and provincial programs, and undertakes appropriate research and analysis on matters of interest to the members. The Coordinator, Economic Development sits on the GTCMA as an alternate to the Mayor and CAO. In 2011, the GTMCA initiated work on a rural / agricultural economic development strategy that will: • review the existing legislative and fiscal development infrastructure; • provide a consolidated countryside position on the five-year reviews of provincial planning policies; • assess the feasibility of alternative fiscal tools and planning mechanisms for rural economic development; and • provide recommendations on a collaborative economic development framework. 6 Attachment No. 1 to Report OS 01-12 411, 1.3.6 Business Development Bank of Canada (BDC) This Office works with the senior account manager of the Durham office of the BDC for the purpose of including each other in business meetings and corporate calls with local companies. This practice has provided a new resource for increasing the volume and accuracy of our manufacturing supply chain data. Our relationship with the BDC enhances the City's reputation for being well connected to practical business development services. 1.3.7 Durham Strategic Energy Alliance (DSEA) As a founding member of DSEA, the City continues to support Pickering's EN3 cluster (Energy, Environmental & Engineering). This year, staff actively participated on the DSEA's Marketing Committee and provided sponsorship of the 2011 DSEA Smart Grid Conference. 1.4 Business Expansions A number of Pickering businesses expanded operations in 2011. • Howard Marten, 895 Dillingham Road - 15,000 square-foot (sf) manufacturing addition completed and occupied • Purdue Pharma, 630 Granite Court - completion of R&D and warehousing space; application for additional 18,000 sf of 2 storey office space • Electro Meters, 900 McKay Road - expanded into available space at 900 McKay Road • Unilock, 1890 Clements Road - 3,791 sf expansion approved to existing facility 1.5 Business Directory The City's Business Directory is used to promote Pickering's business services. It also acts as a resource for those looking to purchase goods and services in the City. This year, through consultation with Pickering IT staff, a new Business Directory was developed. It will be imbedded in the Business Section of the City's new corporate website. The new Directory has been designed to the specific needs of the Pickering Economic Development program. The introduction of the new Directory will provide an opportunity to build new business relationships with local companies as we engage them in the process of listing and marketing their companies. i 7 Attachment No. 1 to Report OS 0.1-12 1.6 Economic Development Publications 45 This Office produces several publications, the contents of which include statistics, labour force data, demographics, business sector promotions and site selection data. These publications are updated annually. In 2011, the branding and format of these publications was redesigned to incorporate the bicentennial logo and present a fresh look using images of our business community and current development projects. Since most people first search for information on business and investment through our website, the City's publications are designed _to be used primarily as online documents. Print versions are also available. 1.6.1 Community Profile This year our Community Profile was redesigned as a multi-purpose, promotional piece that will also be used by staff in the creation of investment packages. The new design will reduce graphic and printing costs and ensure a consistency in messaging when communicating to external investment interests. New corporate testimonials have also been included, attesting to the reasons why companies have chosen.to operate their businesses in Pickering. 1.6.2 Available Land and Space Inventory In 2011, the City purchased eSpaceListings, an online real estate tool. Through eSpaceListings, users can search for available land and space for industrial and office uses in the City. This online tool also includes professional real estate listings, contact information for City staff and the brokerage community, property images, direct links to Google mapping, and full details on the listed property. The eSpaceListings tool also allows for the creations of printed versions of the listings for those who do not use the internet, or for inclusion in the City's investment packages. 1.6.3 Small Business Guide This Office developed a Small Business Guide to assist those wishing to start or grow a business in Pickering. The publication incorporates a comprehensive business support directory, and outlines thirteen practical steps to starting a new business, with specific reference to the rules and regulations of business start ups in the City. The Small Business Guide is a basic tool for entrepreneurs and small business owners. It supplements information and services that had previously been offered by the Pickering Main Library Branch and is available at no cost, both online and in printed format. 8 46 Attachment No. 1 to Report OS 01-12 1.6.4 View on Business E-Newsletter In 2011, this Office produced two Business E-Newsletter editions: Spring/Summer 2011 and Fall/Winter 2011. The publication currenfly has a circulation of over 400 addresses and is emailed to industrial companies, real estate brokerages, upper tier government offices, regional and provincial business support service providers and local development companies. In 2012, the Business E-Newsletter will be produced entirely in-house on a template that will be available through the City's new website. This will facilitate the email delivery of the publication without the need or cost of an outside agency. With the build out of Duffin Heights and the future development of Seaton, the new website tool will also give the City the ability to produce more frequent editions of the E- Newsletter, without incurring additional costs. 1.7 Business Website Economic Development staff are responsible for the maintenance of the Business section of the City's website, including the editorial content and site imagery. The website is both a business retention and a business attraction tool; it acts as a portal to the City and is an efficient, cost effective promotional venue. The website is also an important and valuable communication tool. The Business section of a municipal website is typically the first place an investor looks when considering new development in a community. As a business support tool, the Business section of the website provides current information on educational and training opportunities for our business community as well as notices of opportunities to bid on services. Development projects and business openings are also posted to promote and celebrate the growth in our 'community. As a business attraction and new investment tool, staff researches, updates and posts a wide variety of statistical and demographical information for review by site selectors. During the course of 2011, the Economic Development Office provided significant support to the City's internal e-Services team in the creation and development of the new corporate website, including the development of content for the 'Business' and 'Discovering' sections of the site, and the preparation of all editorial and image content for economic development and tourism, including the creation of promotional videos. A Downtown Pickering web page was also developed to provide information on the City's Downtown Intensification Program, promote Downtown Pickering events, and highlight development and investment activity in our Downtown. 9 Attachment No. 1 to Report OS 01-12 47 Section 2 Business Attraction 2.1 Investment Enquiry Responses The City maintains an Investment Enquiry Tracking tool to capture significant development enquiries in relation to building size, land consumed and employees generated. The following is a brief summary of information documented in the Investment Enquiry Tracking tool: Sector Number of Average Size requirements New Enquiries Industrial Land 6 5 to 75 acres Industrial Space 14 20,000 to 404,000 sf Commercial Land 3 7 to 50 acres Office Space 3 15,000 sf In 2011, the Economic Development Office responded to four confidential enquiries for significant industrial manufacturing development. These enquiries were received from the GTMA, Ministry of Economic Development & Innovation, OMAFRA (Ontario Ministry of Agriculture, Food and Rural Affairs), and Colliers International, a private real estate brokerage. 2.2 Development Response Teams In 2011, the City formalized the establishment of a Development Response Team made up of staff from various City departments as well as external development interests including Veridian, Enbridge, TRCA and Durham Region (Works, Planning & Development, and Economic Development Departments). Through the Development Response Team, the City can deal quickly and effectively with investment enquiries. Our experience to date is very positive, and has resulted in the City being short listed on two occasions. Other examples where a team approach was used to facilitate development include: • approvals for occupancy of 8,000 sf of office space at 1305 Pickering Parkway within 48 hours of application • pre-consultation with the owner of 1800 Kingston Road for the potential redevelopment of the site • pre-consultation for redevelopment of 1887 Kingston Road resulting in a submission to redevelop the site as a retail storefront 10 Attachment No. 1 to Report OS 01-12 48 2.3 Foreign Direct Investment Interests During 2011, this Office participated in a number of events aimed at attracting foreign direct investment, including: • provided a presentation to a business leaders group from Duan Jang, China facilitated through the Durham Canadian Chinese Cultural Centre • attended a meeting with the President of the Hungarian Canadian Chamber of Commerce hosted by the Ajax-Pickering Board of Trade and the office of the Minister of Parliament, Ajax-Pickering • participated with the Durham Economic Development Partnership in hosting a business delegation from Ireland, co-hosted by the University of Ontario Institute of Technology 2.4 Grand Openings The City's Economic Development Office provided support to nineteen Grand Openings in 2011. Services provided included information on appropriate protocols and media contacts, the provision of ceremonial scissors and ribbons, and the presentation of certificates of appreciation and/or plaques to commemorate the event. When appropriate, an editorial with accompanying photograph is posted to the City's Business website to promote the grand opening. Of significance this year was an event to announce the development of the Pickering Learning Centre to be constructed on the ground floor of the new office tower at 1340 Pickering Parkway. This continuing education facility will be operated through a partnership between Durham College and Centennial College, and be an important addition to our downtown. Occupancy is planned for late 2012. 2.5 Supporting Small Business Start-Ups Over 70% of Pickering companies are considered small businesses, many of them with less than 10 employees. This Office supports small businesses through the provision of practical business support resources, connections to the real estate community, and nominations for awards that recognize their achievements. As an example of our support, we worked with a local businessman that had owned two successful Second Cup franchises in Pickering. To assist his interest in bringing a new business venture to Pickering, this Office provided pertinent demographic and other information on the City. We understand that with the support of this information, a decision has now been made to bring a headquarters and storefront operation of Ci Gusta to Pickering in 2012, with five more franchise locations proposed in the GTA. 11 Attachment No. 1 to Report OS 01-12 2.6 Marketing & Promotional Materials 49 This Office markets and promotes the City of Pickering as a preferred place to start and grow a business. In 2011, our marketing and promotions program included: • Launch of a new economic development tagline "Connected. Supportive. Sustainable". The new tagline is an expression of the key elements of the City's Marketing & Business Development Program and was created to support a five year promotional plan. It will be incorporated in print advertising and economic development publications. • Print advertising in a number of publications, including the following: • Perspective Magazine - international circulation • Canadian Business Magazine - annual economic development issue • Expansion Solutions, Ontario - 12 monthly editions (online publication) • Durham Business Times (including complementary editorial space every two months to provide development updates on the City) • joint marketing opportunities with the Greater Toronto Marketing Alliance and the Durham Economic Development Partnership • joint marketing with Durham Region Tourism to promote the Pickering Museum Village, our waterfront, the Nautical Village and various events 2.7 Image Inventory The Economic Development Office has an ever growing inventory of City images, including photos of grand openings, ground breakings, commercial and industrial construction projects, corporate calls, industrial plant visits, community and lifestyle events, and business recognition award ceremonies. Our image inventory is catalogued and used for a variety of corporate purposes including the City's website, marketing and promotions, print and online advertisements and other publications. Staff also coordinates the taking of aerial photography across the City as part of our image inventory. 12 Attachment No. 1 to Report OS 01-12 50 Section 3 Investment Readiness Investment readiness is the third important program area for the City's Economic Development Office. To support our business retention and attraction programs, we need to clearly understand and articulate our strengths and challenges, and obtain accurate social, economic and labour force data. 3.1 Research & Databases - Manifold Data Demographic data is necessary to respond to information requests to support investment decisions in our community and for those formulating a business case for commercial or industrial expansion. The challenge of any economic development office is to source accurate, current demographic data for a community. Statistics Canada provides a wide variety of demographic information collected through its census program. This data sometimes takes years to be released and is generally outdated for the purpose of current year reporting. Consequently, in 2011 the City purchased Manifold Data, a demographic data report that is recognized by economic development professionals for its accuracy and currency. Using Statistics Canada information, Manifold Data provides data updated to the current year based on actual, annual data mining. Over 25 data sets are provided including education, labour force, ethnicity and languages, income, and occupation. 3.2 Labour Force Tracking Tracking job gains and losses is an effective tool in gauging the economic health of a community. This Office collects labour force data at corporate calls, through discussions with business owners, and from information available through other economic development agencies that interact with Pickering businesses. In 2011, Pickering had minimal job losses and a number of job gains. Based on available information, it is estimated that overall there were over 1000 new jobs created in the City last year. As well, in the first quarter of 2012 we are anticipating announcements that will result in the creation of at least another 250 new jobs. 3.3 Employment Land Absorption Total employment land absorption for the decade ending in 2010 was just over 34 hectares (approximately 85 acres). Although there was no land absorption documented in 2011, based on current development applications, at least 15 hectares (37 acres) of employment land is expected to be absorbed in 2012. 13 Attachment No. 1 to Report OS 01-12 3.4 Investment Response Packages Investment response packages are prepared for a wide variety of enquiries that are received annually by the City. Each response is unique and requires the inclusion of a variety of data, demographics and promotional materials. In 2011, Economic Development staff developed a new approach to the preparation of investment packages. We have now developed a series of information sheets that can be combined to produce individualized investment response packages. These information sheets allow us to customize each response and expedite the preparation of our investment packages to ensure timely, accurate submissions. 3.5 Downtown Intensification Program The Economic Development Office continues to work with Planning & Development staff on the Downtown Intensification Program in attracting suitable development to our downtown. As part of this program, staff commissioned the preparation of a Hotel Feasibility Assessment (prepared by Cushman &Wakefield). The Assessment confirmed the feasibility of a full service hotel in Downtown Pickering, including the following proposed amenities: • 150 to 200 guest rooms with some suites • meeting space (approximately10,000 square feet) • restaurant (150 seats) and bar (25 seats) • indoor swimming pool and fitness centre • Business Centre The next steps leading to the possible development of a hotel will occur in 2012 and be supported by work being undertaken by Urban Strategies, now contracted by the City to complete the land use and design components of the Downtown Intensification Program. After the move of the provincial Municipal Property and Assessment Corporation (MPAC) to a new office building in the downtown, this Office worked closely with the owner of the building vacated by MPAC. In an effort to assist the tenanting of vacated space, staff participated in a number of activities with the building owner, including providing input into marketing materials, a realtor's open house event, and the sourcing of potential new tenants for consideration by the building owner. 14 Attachment No. 1 to Report OS 01-12 52 3.6 Business Infrastructure Knowing the state of our business infrastructure is critical to understanding the investment potential of our community. This year, staff participated in the following infrastructure reviews and projects: • Downtown Telecommunications Review - mapping of available fibre optic communication lines and identifying fibre optic providers in the downtown • Durham Region Rural Connections Broadband Program - involvement in a Region wide broadband infrastructure improvement plan that includes lands in rural Pickering; the current intent of the plan is to provide broadband service to rural communities via satellite technology in 2012 3.7 Filming Another responsibility of the Economic Development Office is liaising with film production companies and issuing permits for filming associated with commercials, television series, feature films, documentaries, music, YouTube videos, and other film productions. Filming has a direct financial impact on our community through the payment of location fees, and as a result of the purchase of local goods and services to support the production companies. The City charges a basic permit fee of $200 to cover administration costs of the permitting process. In 2011, Pickering had a higher level of film activity than in the previous year. In total, $3,600 was generated in film permit fees, and a further $9,000 in revenue was collected for productions shot in 2011 at the Pickering Museum Village. 3.8 Economic Development Presentations The Economic Development Office is called upon from time to time to deliver presentations to various individuals and groups that are interested in investing in the City, or are involved in the investment process. In 2011 staff made presentations to: • Durham Real Estate Board • Durham Real Estate Investment Network • Durham Chinese Canadian Cultural Centre 15 Attachment No. 1 to Report OS 01-12 Section 4 53 2012 Economic Development Office Work Plan The City's Marketing & Business Development Program involves ongoing work carried over year to year in the three program areas outlined in this report (business retention and expansion; business attraction; and investment readiness). The program is designed to be flexible and extremely responsive so that staff can quickly react to emerging trends and investment opportunities. In 2012, in addition to our ongoing work program, Economic Development staff will be actively engaged in: • developing an investment strategy for Downtown Pickering as well as the Seaton employment lands along Highway 407 • marketing infill development opportunities in the Brock Road and Whites Road employment areas • maintaining an effective and up-to-date business section on the City's new corporate website • continuing to effectively service our EN3 business cluster (Energy, Environment and Engineering) and developing an effective program to service our emerging ICT cluster (Information and Communications Technology) 16 4 city oq Report to - Executive Committee PICKERING Report Number: CS 01-12 Date: January 16, 2012 From: Everett Buntsma Director, Community Services Subject: Speed Limits on City of Pickering Roads north of Taunton Road Amendment to By-law 6604/05 - File: A-1440 Recommendation: 1. That Report CS 01-12 of the Director, Community Services regarding a proposed amendment to the municipal traffic and parking by-law 6604/05 to establish speed limits on City of Pickering roads north of Taunton Road be received; 2. That the attached draft by-law be enacted to amend Schedule "9" to By-law 6604/05 to provide for the regulation of speed limits on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering. Executive Summary: Engineering Services staff has completed a review of the speed limits for all roads under the jurisdiction of the City of Pickering, north of Taunton Road. Staff recommends that all the roads designated with a speed limit of 80 km/h in the municipal traffic and parking by-law be changed to a speed limit of 50 km/h, with the exception of Fifth Concession Road east of Brock Road, Audley Road, and Uxbridge- Pickering Townline Road between Uxbridge Concession 2 and Uxbridge Concession 3 which shall be designated at 60 km/h. Report CS 01-12 replaces Report CS 36-11 which was deferred at the November 14, 2011 Executive Committee meeting in order for staff to undertake rural community consultation through advertisements and the City website. The consultation process did not result in any comments being received, and as such, staffs original recommendations are presented for approval in this report. Financial Implications: The addition of 60 km/h signs and posts on Fifth Concession Road, Audley Road and Uxbridge-Pickering Townline Road in the sections proposed, and the addition of 50 km/h signs and posts on certain roads for clarity and safety can be accommodated within the Roads current budget. Sustainability Implications: The concerns as presented and the recommendations, as generated by staff, address traffic safety issues within the Corporate Healthy Society objectives. Report CS 01-12 January 16, 201 5 Speed Limits on City of Pickering Roads north of Taunton Road Page 2 Background: Engineering Services staff recently completed a review of the speed limits for the City's roads north of Taunton Road. Currently the municipal traffic and parking by-law (By-law 6604/05, as amended) has designated the majority of the roads in the rural area of Pickering (north of Taunton Road) at a speed limit of 80 km/h. 1.1 The Highway Traffic Act has changed with respect to statutory speed limits. Prior to 2005, Section 128.1 of the Highway Traffic Act (HTA) stated that the regulatory speed limit within a city, town, village, police village or built up area was 50 km/h and 80 km/h on rural routes unless a by-lawed and posted otherwise. With very little consultation with municipalities, in 2005 the province made changes to Section 128.1 of the Highway Traffic Act stating the statutory maximum rate of speed on all roadways within a local municipality is 50 km/h including all rural routes, except those municipalities which had township status prior to the enactment of the 2001 Municipal Acton January 1, 2003. The current version of the Highway Traffic Act reads as follows: 128.(1) No person shall drive a motor vehicle at a rate of speed greater than, (a) 50 kilometres per hour on a highway within a local municipality or within a built-up area; (b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation; 1.2 Municipalities within Durham Region considered a consistent approach in dealing with the changes to the Highway Traffic Act. In 2005, the Region of Durham legal department advised that according to the new legislation the unposted speed limit on any highway in the municipalities of Pickering, Ajax, Whitby, Oshawa and Clarington is 50 km/h unless a by-law has been passed changing and posting a different speed limit. Consequently, it was agreed by the Durham Traffic Advisory Committee that in order to maintain inter-regional consistency, staff would proceed with reports to their respective municipal Councils, recommending amendments to their traffic-by-laws, which would maintain the previously established maximum speed limits on rural routes of 80 km/h. Report CS 01-12 January 16, 2012 Speed Limits on City of Pickering Roads north of Taunton Road Page 3 The City of Pickering traffic by-law consolidation in 2005 recognized this, and most rural routes within the City was given maximum speed limits of 80 km/h. However, in the interest of safety, staff have not installed 80 km/h speed limit signs for any of these roads. By leaving these roads not posted with a speed limit, the by-law for 80 km/h is not valid and the legal speed is the statutory 50 km/h in accordance with the Highway Traffic Act. Motorists are required, by law, to travel at or below the speed of 50 km/h on roads without a posted speed limit. 1.3 Staff conducted a review to determine criteria to set speed limits. The results of the speed limit review has determined that the majority of the roads indicated as 80 km/h in the by-law should be reduced to a speed limit of 50 km/h based on the following rationale: 1. The majority of Pickering's roads north of Taunton Road have a loose top, gravel surface and have low average annual daily traffic volumes in comparison to other roads in Pickering. For safety reasons, such as possible loss of vehicle control if travelling at high rates of speed, these gravel roads should not have a speed limit greater than 50 km/h and have not been posted at 80 km/h for this reason. Most motorists do recognize that they cannot safely or comfortably travel at high rates of speed on gravel roads, therefore, the change in the by-law to reflect the (un- posted) 50 km/h speed limit on these roads is warranted. 2. Many of the hard surface (asphalt or surface treatment) roads are not appropriate for an 80 km/h or 60 km/h speed limit for the following reasons: • lane and total travelled surface widths are substandard for higher speeds • the surface of many of these roads are in poor condition (i.e. potholes, cracks) • the tree overhang on many of these roads encroach over the travelled portion of the road creating issues with respect surface and driving conditions (i.e. visibility, leaves, moisture, ice) , • the lack of lighting on many of the roads are not conducive for higher speeds 3. The Municipal Act sets Minimum Maintenance Standards for municipal roadways (Ontario Regulation 239/02). The Minimum Maintenance Standards utilizes the posted speed limit and annual average daily traffic volume of a roadway to determine a road classification. Road patrols/inspections and response times required for the operations and maintenance of roadways including signs, luminaries and pavement condition inspections together with snow and ice removal in the winter, are based on road classification. The 50 km/h speed limit sets the minimum maintenance standard road classification at an ideal.level for the majority of these roads and the by-law should be changed to match the (un- posted) 50 km/h condition. Report CS 01-12 January 16, 2012 57 Speed Limits on City of Pickering Roads north of Taunton Road Page 4 Currently the posted speed limit on the regional maintained section of Seventh Concession Road from Brock Road to Westney Road is 80 km/h. East of Westney Road the road condition is not appropriate for an 80 km/h speed limit and thus City staff has installed temporary 50 km/h signs to inform motorists that they cannot safely travel at a higher speed on this section of road. Staff will install permanent 50 km/h signs when the by-law is changed from 80 km/h to 50 km/h. Also, at the request of the City, the Region has installed a 50 km/h ahead sign on Seventh Concession Road west of Westney Road for eastbound vehicles to provide advance notice for motorists of the speed limit change. 1.4 The recommended speed limit on City of Pickering roads north of Taunton Road is 50 km/h with the following exceptions. Therefore based on the investigation, Engineering Services staff recommends that the municipal traffic and parking by-law (By-law 6604/05, as amended) be further amended to change the speed limit for all City roads north of Taunton Road currently listed at 80 km/h to a speed limit of 50 km/h with the exception of the following roads that would change to 60 km/h as described below: 1. Fifth Concession Road from Brock Road to 100 metres west of Church Street and from Westney Road to Sideline 4 Residents that live on side streets off of Fifth Concession Road east of Westney Road to Sideline 4 have expressed concerns regarding the speed of vehicles travelling on that portion of roadway and have asked for the speed limit to be posted. Currently that section of road is by-lawed at 80 km/h and, for traffic safety reasons, should not be posted as such. The current posted speed limit of Fifth Concession Road west of Westney Road to 100 metres west of Church Street is 60 km/h. The current by-lawed speed limit on Fifth Concession Road 100 metres west of Church Street to Brock Road is 80 km/h. The full limit of Fifth Concession Road is paved and could accommodate a 60 km/h speed limit. Therefore, it is recommended that the speed limit be changed and posted on Fifth Concession Road to 60 km/h from Brock Road to 100 metres west of Church Street and from Westney Road to Sideline 4 so that a uniform speed limit of 60 km/h can be established on the full limit of Fifth Concession Road. 2. Audley Road, 140 metres south of Highway 7 to the south City limit The current traffic by-law states that the speed limit on Audley Road is 40 km/h from Highway 7 to 140 metres south of Highway 7 and 80 km/h 140 metres south of Highway 7 to the south City limit. The speed limit is also posted at 60 km/h on Audley Road once you enter the Town of Ajax to the south. Having three different speed limits within approximately a two kilometre stretch on Audley Road is not ideal or practical. Report CS 01-12 January 16, 2012 ti Speed Limits on City of Pickering Roads north of Taunton Road Page 5 The pavement condition, road width, surrounding land use and sightlines on Audley Road 140 metres south of Highway 7 to the south City limit are suitable for a 60 km/h speed limit. Therefore, it is recommended that the by-lawed speed limit be changed on Audley Road to from 80 km/h to 60 km/h from the south City limit to 140 metres south of Highway 7. 3. Uxbridge-Pickering Townline Road from Uxbridge Concession 2 to Uxbridge Concession 3 Uxbridge-Pickering Townline Road is 60 km/h from York-Durham Townline Road to Brock Road with the exception between Uxbridge Concession 2 to Uxbridge Concession 3 which is 50 km/h. Staff has had requests from both the Uxbridge Township and the Durham Regional Police to change this section of roadway from 50 km/h to 60 km/h so that a uniform speed limit of 60 km/h can be enforced on the roadway from Uxbridge-Pickering Townline Road to Brock Road. 4. In addition to Uxbridge Pickering Townline Road and Fifth Concession Road, roadways that are currently by-lawed and posted at 60 km/h include Sideline 16 from Highway 7 to Seventh Concession Road and Sideline 4 from Fifth Concession Road to Highway 7. 1.5 Report CS 36-11 was deferred to allow for community consultation and advertising. At the Executive Committee meeting of November 14, 2011 there was concern raised that these speed limit changes were being brought forward by staff without consultation with the rural community and without notice being provided to the general public. The report was deferred to the Joint Planning and Development and Executive Committee meeting of December 5, 2011 in order for staff to undertake consultation and advertising activities. In order to have more time allotted for these activities, staff requested additional time, and advised that a revised report will be available for the Executive Committee meeting of January 16, 2012. Community consultation and advertising activities consisted of the following: • Placing a notice on the City's website on the News and Announcements page under Public Notices as of December 7, 2011 • Placing a notice on the Community Page of the Pickering News Advertiser on December 14, 2011 and December 21, 2011 • Letters sent to the Greenwood Area Ratepayers Association, the Claremont and District Community Association, and the Whitevale & District Residents' Association on December-5, 2011 requesting comment by December 23, 2011 The community consultation and advertising activities did not result in any comments being received by staff as of December 28, 2011, which was the agenda deadline for the revised report. As such, staffs original recommendations, as re-stated in Report CS 01-12 have not been amended. Report CS 01-12 January 16, 2012 50 Speed Limits on City of Pickering Roads north of Taunton Road Page 6 The draft by-law amendment to Schedule 9 of by-law 6604/05 is attached. Attachment 1. Draft By-law Amendment - Schedule 9, Speed Limits 2. Location Map of Proposed Speed Limits 3. Website Notice 4. Community Page Notice 5. Letter to Rural Community Associations Prepared By: Approved/Endorsed By: Nathan Emery Evere B sma, NPD, CMM Coordinator, Traffic Operations Director, Community Services Darrell Selsky, C.E. CMM III Rich rd W. H Iborn, P. Eng Supervisor Divi ion Head Engineering & Capital Works E/r 4ineering Services Copy: Chief Administrative Officer Recommended for the consideration of Pickering ' y Council / - o zoo Tony Prevedel, P.Eng. Chief Administrative Officer ATTAC MENIT~t_!_. COREPORT# LLa1-12 60 The Corporation of the City of Pickering By-law No. Being a By-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Whereas, By-law 6604/05, as amended, provides for the regulating of traffic and parking on highways, private property and municipal property within the City of Pickering; and Whereas, it is deemed expedient to amend Schedule 9 of By-law 6604/05 to change the "Speed Limits" zones on Pickering's northern roadways. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 9 to By-law 6604/05, as amended, is hereby further amended thereto by the following: Schedule 9 Speed Limits Column 1 Column 2 Column 3 Highway Limits Speed Delete Audley Road 140 metres south of Hwy 7 to 80 km/h south City limit Balsam Road Seventh Concession Road to 80 km/h 350 metres south of Regional Road 5, 160 metres north of Regional Road 5 to the north City limit Country Lane Full limit 80 km/h ATTACHMENT#-I TO REPORT# C-3 01-1 7 By-law No. 2 oft Page 2 61 Column 1 Column 2 Column 3 Highway Limits Speed Eighth Concession Road Full limit 80 km/h Fifth Concession Road Brock Road to 100 metres west 80 km/h of Church Street Fifth Concession Road 100 metres west of Church 60 km/h Street to Westney Road Fifth Concession Road Westney Road to Sideline 4 80 km/h Fourth Concession Road Markham Pickering Townline 80 km/h Road to Rosebank Road Kinsale Road 1000 metres north of Highway 7 80 km/h to Seventh Concession Road North Road 150 metres north of Whitevale 80 km/h Road to the north limit of North Road Paddock Road Hwy 7 to Seventh Concession 80 km/h Road Salem Road Hwy 7 to Seventh Concession 80 km/h Road Seventh Concession Full limit 80 km/h Road Sideline 2 Full limit 80 km/h Sideline 4 Hwy 7 to Seventh Concession 80 km/h Road Sideline 6 Seventh Concession Road to 80 km/h Regional Road 5 Sideline 8 Full limit 80 km/h Sideline 12 Seventh Concession Road to 80 km/h Uxbridge Pickering Townline Road Sideline 14 Full limit 80 km/h Sideline 16 South limit to Highway 7, 80 km/h Regional Road 5 to north limit Sideline 20 Full limit 80 km/h Sideline 22 Full limit 80 km/h Sideline 24 Full limit 80 km/h Sideline 26 Full limit 80 km/h ATTACHMENT# TO REPORT#C~2' 1-12- By-law No. of Page 3 62 Column 1 Column 2 Column 3 Highway Limits Speed Sideline 28 Full limit 80 km/h Sideline 30 Full limit 80 km/h Sideline 32 Full limit 80 km/h Sideline 34 Full limit excluding the section 80 km/h from 600 metres south of Hwy 7 to 150 metres north of Hwy 7 Uxbridge Pickering York Durham Regional Road 60 km/h Townline Road #30 to Uxbridge Concession Road 2 Westney Road Regional Road 5 to Uxbridge / 60 km/h Pickering Towline Westney Road Seventh Concession Road to 80 km/h Regional Road 5 Whitevale Road 325 metres east of North Road 80 km/h to Brock Road Add Audley Road 140 metres south of Hwy 7 to 60 km/h south City limit Fifth Concession Road Full limit 60 km/h Uxbridge Pickering York Durham Regional Road 60 km/h Townline Road #30 to Uxbridge Concession Road 3 2. This By-law shall come into force on the date that it is approved by the Council of The City of Pickering and when signs to the effect are installed. ATTACHMENT# I CjRSPORTO .22=0I-12 Ot 63 By-law read a first, second and third time and finally passed this 23rd day of January, 2012. David Ryan, Mayor Debbie Shields, City Clerk Z c3oi- IZ 64 0 U U U B W K K / ~ tr aLTOru ridge Pickering Tovmli d. Uxbrd4dge Pickering Townline Rd. Uxbridge Pickering To l p N N N I_ M O OO [O < N \ / N o~ N d U U d N\ C ~ C I C , C c c p o N N 1 N CIARE109IA o d 111 N J / y - 72 t m % ndtra C3 ~ao v Cl) N N ° N v T C y U C V) f .p y C C - 1 C = C) N - W r0 - y _ - y n Eighth Concessio d. m dg*Toncession R N Eighth Conce Rd. U N - o AD N N (n 'C Y N N C U 1.1f O C n Seve Corwession Rd. U, Seven cessi Rd Seventh oncessi n Rd. ev th Con ssio d v / 1rl/ Y ~I v co ~ ~ y a~ ~ ~ d) d ! Y d O U N - ~O L C C c c c o c ao a~ / A of H C d) 4) a~ o o - y ~ - 7 N m 72 V fn Y U) C/3 Q- J Y GREEN U RIVER IL Highway 7 aC+tAM SWhConce .,rua,E x g - c e GREENWOOD o - a I c ~ L N o m _ I D_' ' m 0 e Z _ m c ti v m f ~ ~ ~ ~ Y ~ WHI - 1 - Q v Whitevale Rd. ALE ~ N White' Fifth ConceSslon Rd. 2 ~ C J U O N ~ d ~ V C Fourth Conce ion Road. I Legend o Taunton Road 40 km/h 50 km/h 60 km/h o Uxbridge Township Maintained' Regional Maintained Road Ministry of Transportation (MTO) Maintained Road COMMUNITY 711~ SERVICES DEPARTMENT Proposed Speed Limits ENGINEERING SERVICES DIVISION I ! I SCALE: m4. City of Pickering Northern Roads NTS October, 2011 ATTACHMENT# 3__ TOREPORT#C3 1-12- 65 Lof I Report CS 36-11 was presented at the Executive Committee meeting on November 14, 2011 recommending that the speed limits be lowered from 80 km/h, as indicated in By- law 6604/05, to 50 km/h on all City roads north of Taunton Road to match the existing (un-posted) 50 km/h statutory speed limit in accordance with the Highway Traffic Act. Exceptions of the 50 km/h limit will be the following roadways, which would be designated at 60km/h. • Fifth Concession Road east of Brock Road • Audley Road • Uxbridge-Pickering Townline from Uxbridge Concession Road 2 to Uxbridge Concession Road 3 The following roads will remain at their current maximum speed limit of 60km/h. Sideline 16 from Highway 7 to Seventh Concession Road Salem Road from Fifth Concession Road to Highway 7 • Sideline 4 from Fifth Concession Road to Highway 7 • Uxbridge-Pickering Townline Road from Markham Pickering Townline Road to Uxbridge Concession Road 2 The 40 km/h maximum speed limit will remain on all local residential roads in the Hamlets of Greenwood, Brougham, Whitevale and Claremont. i A map of the proposed changes can be found in the link below. Proposed Speed Limits, City of Pickering Northern Roads The Executive Committee deferred the report to the Joint Planning and Development and Executive Committee meeting of December 5, 2011 in order for staff to undertake rural community consultation through advertisements and the City website. Based on the amount of time allocated for consultation, staff will be recommending that the report and by-law amendments be further deferred to the Executive Committee meeting of January 16, 2012. We invite comment from the public with respect to the information above, and ask that you provide comments by December 23, 2011. If you have any questions regarding this, please contact: Darrell Selsky, C.E.T., CMM III Nathan Emery Supervisor, Engineering & Capital Works Coordinator, Traffic Operations City of Pickering City of Pickering Tel: 905.420.4660 Ext 2149 Tel: 905.420.4660 Ext 2054 Fax: 905.420.4650 Fax: 905.420.4650 dselsky@cityofpickering.com nemery@cityofpickering.com 6 6 ATTACHMENT#1 _ fOREPORT#C--~2' OI-IZ of Report CS 36-11 was presented at the Executive Committee meeting on November 14, 2011 recommending that the speed limits be lowered from 80 km/h, as indicated in By- law 6604/05, to 50 km/h on all city roads north of Taunton Road to match the existing (un-posted) 50 km/h statutory speed limit in accordance with the Highway Traffic Act. Exceptions of the 50 km/h limit will be the following roadways, which would be designated at 60km/h. • Fifth Concession Road east of Brock Road • Audley Road • Uxbridge-Pickering Townline from Uxbridge Concession Road 2 to Uxbridge Concession Road 3 The following roads will remain at their current maximum speed limit of 60km/h. • Sideline 16 from Highway 7 to Seventh Concession Road • Salem Road from Fifth Concession Road to Highway 7 • Sideline 4 from Fifth Concession Road to Highway 7 • Uxbridge-Pickering Townline Road from Markham Pickering Townline Road to . Uxbridge Concession Road 2 The 40 km/h maximum speed limit will remain on all local residential roads in the Hamlets of Greenwood, Brougham, Whitevale and Claremont. The Executive Committee deferred the report to the Joint Planning and Development and Executive Committee meeting of December 5,- 2011 in order for staff to undertake rural community consultation through advertisements and the City website. The report and by-law amendments have now been deferred to the Executive Committee meeting of January 16, 2012, in order to provide notice of the proposed changes. We invite comment from the public with respect to the information above, and ask that you provide comments by December 23, 2011. If you have any questions regarding this, please contact: Darrell Selsky, C.E.T., CMM III Nathan Emery Supervisor, Engineering & Capital Works Coordinator, Traffic Operations City of Pickering City of Pickering Tel: 905.420.4660 Ext 2149 Tel: 905.420.4660 Ext 2054 Fax: 905.420.4650 Fax: 905.420.4650 dselsky@cityofpickering.com nemery@cityofpickering.com ATTACHMENT4 _;~D_. COREPORT#25 01-I2. ~1 of ~ ~S 7 December 5, 2011 Claremont and District Community Association (Address) Pickering, ON (Postal Code) Subject: Speed Limits, City Roads North of Taunton Road Community Association Consultation - File: A-1440 This letter is being provided to you to fulfill the requirements of the City of Pickering's Executive Committee's decision on November 14, 2011 regarding Report CS 36-11, which proposed changes to speed limits on City maintained roads north of Taunton Road. The decision of the Executive Committee was for staff to undertake community consultation through advertisements and the City website, to notify residents of the proposed changes to the speed limit by-law and to invite comment. Engineering Services staff at the City of Pickering recently completed a review of the speed limits for roadways under the jurisdiction of the City of Pickering, north of Taunton Road. Currently the municipal traffic and parking by-law (By-law 6604/05, as amended) has designated the majority of the roads in the rural area of Pickering (north of Taunton Road) at a speed limit of 80 km/h. This was the statutory speed limit for a majority of these roads before the Highway Traffic Act changed in 2005. In the interest of safety however, staff have not installed 80 km/h speed limit signs for any of these roads. By leaving these roads not posted with a speed limit, the legal speed is the statutory 50 km/h in accordance with the revised Highway Traffic Act (50km/h unless posted otherwise). Based on the review, Engineering Services staff recommended to the Executive Committee at the regular meeting of November 14, 2011 that the municipal traffic and parking by-law (By-law 6604/05, as amended) be further amended to change the speed limit for all roads under the jurisdiction of the City of Pickering north of Taunton Road 6 8 ATTACHMENT#_5__ TO REPORT# QH ` _ December 5, 2011 Speed Limits, City Roads North of Taunton ReZ-of 2 - Community Association Consultation Page 2 currently listed at 80 km/h to match the (un-posted) 50 km/h statutory speed limit with the exception of the following roads which would be designated at 60 km/h: • Fifth Concession Road east of Brock Road • Audley Road • Uxbridge-Pickering Townline Road from Uxbridge Concession Road 2 to Uxbridge Concession Road 3 The following roads will remain at their current maximum speed limit of 60 km/h. • Sideline 16 from Highway 7 to Seventh Concession Road • Salem Road from Fifth Concession Road to Highway 7 • Sideline 4 from Fifth Concession Road to Highway 7 • Uxbridge-Pickering Townline Road from Markham Pickering Townline Road to Uxbridge Concession Road 2 The new 60 km/h speed limits would be effective when the by-law is passed and signs to the effect are installed. The 50km/h speed limits would be effective immediately. In addition, 40 km/h roads will remain on all local residential roads in the Hamlets of Greenwood, Brougham, Whitevale and Claremont. A map of the proposed speed limits for Pickering's roads north of Taunton Road is attached to this letter. Report CS 36-11 recommending the change was presented to the Executive Committee on November 14, 2011. The Executive Committee deferred the report to the Joint Planning and Development and Executive Committee meeting of December 5, 2011 in order for staff to undertake rural community consultation through advertisements and the City website. This letter is being provided to you to fulfill the requirements of the Executive Committee's decision. Based on the amount of time allocated for consultation, staff will be recommending that the report and by-law amendments be further deferred to the Executive Committee meeting of January 16, 2011. We invite comment from your community association with respect to the information above and ask that you provide comments by December 23, 2011. If you have any questions regarding this please contact: Darrell Selsky, C.E.T., CMM III Nathan Emery Supervisor, Engineering & Capital Works Coordinator, Traffic Operations City of Pickering City of Pickering Tel: 905.420.4660 Ext 2149 Tel: 905.420.4660 Ext 2054 Fax: 905.420.4650 Fax: 905.420.4650 dselsky@cityofpickering.com nemery@cityofpickering.com Czry Report To Executive Committee I CKERING Report Number: CS 02-12 Date: January 16, 2012 From: Everett Buntsma Director, Community Services Subject: Request for MetroLinx-BikeLinx Funding to Install Sheltered, Safe and Secure Bicycle Parking at Strategic Locations in Pickering - File: A-1440 Recommendation: 1. That Report CS 02-12 of the Director, Community Services regarding the request for Metro Linx-Bikelinx funding to install sheltered, safe and secure bicycle parking be received; 2. That Council endorse the request to the Regional Municipality of Durham to receive BikeLinx funding for sheltered, safe and secure bike parking at strategic locations in Pickering; 3. That the Mayor and the Clerk be authorized to execute any agreement to implement the BikeLinx funding program, that is in a form acceptable to the City Solicitor and the Director, Corporate Services & Treasurer; 4. That, should the Region approve BikeLinx funding for the locations on private property, the Region also be requested to enter into agreements with the third party property owners of those sites; and 5. That Report CS 02-12 be forwarded to the Regional Municipality of Durham for their consideration. Executive Summary: MetroLinx has provided one time BikeLinx funding of $147,328 to the Region of Durham to implement permanent, sheltered, safe and secure parking for bicycles at key transportation hubs in the Region. The Region is providing each of its area municipalities with an opportunity to submit a proposal for their share of the funding. The City has until January 31, 2012 to submit a proposal. ~l Report CS 02-12 January 16. 2012 Request for MetroLinx-BikeLinx Funding to Install Page 2 Sheltered, Safe and Secure Bicycle Parking at Strategic Locations in Pickering Based on the eligibility criteria provided under the MetroLinx-BikeLinx funding program, this report recommends four strategic locations in the City of Pickering. These locations include Pickering Recreation Complex, Petticoat Creek Library and Community Centre, Pickering Town Centre (north side), and Pickering Town Centre (south side). The first two locations are under the ownership,of the City of Pickering and the other two locations are privately owned. The City of Pickering will be required to enter into an agreement with the Region governing the expenditure of the funds. The funding is intended to cover the capital costs of acquiring and installing the bicycle parking facilities. Any future maintenance, repair and replacement costs are required to be borne by the area municipality. The agreement will also address any reporting requirements related to the BikeLinx grant funding. Financial Implications: The terms of the funding agreement between the City and the Region will require that the City accepts the responsibility of future maintenance, repair and replacement costs for those bicycle parking facilities. These costs will need to be addressed in future budgets. Actual maintenance, repair and replacement costs will be determined on a case by case basis as required. In order to implement bicycle parking (bicycle lockers and/or shelters) at the recommended locations, the total estimated cost is $49,600, and the expenditure, and offsetting funding will be provided for in the 2012 Capital Budget. Sustainability Implications: The use of BikeLinx funding to install permanent, sheltered, safe and secure bicycle parking at strategic locations in the City advances the City's goal of 'Sustainable Placemaking' and will support the City's "Healthy Community Initiative'. The implementation of permanent bicycle parking facilities will provide for an increase in the number of bicycle trips for short distances and will promote energy efficient and environmentally conscious alternative modes of transportation which support economic, environmental and social corporate sustainability objectives. Background: In March 2008, MetroLinx awarded one time funding of $147,328 to the Region of Durham under the BikeLinx Program for the implementation of permanent, sheltered, safe and secure bicycle parking facilities at or near key transportation hubs in the Region. Report CS 02-12 January 16. 2012 1 Request for MetroLinx-BikeLinx Funding to Install Page 3 Sheltered, Safe and Secure Bicycle Parking at Strategic Locations in Pickering In October 2011, the Region circulated Report No. 2011-J-44 (See Attachment #1) to the area municipalities inviting proposals from each area municipality by January 31, 2012 regarding the use of BikeLinx funding for the installation of bicycle parking facilities. Under the BikeLinx Program, bicycle parking facilities that are eligible for funding must meet the following definition: "Permanent, sheltered, safe and secure parking for bicycles, integrated with municipal and regional transit. Lockers should be placed at strategic locations such as major municipal and inter-regional transit facilities, and/or mobility hubs. Storage spaces may include lockers (which should have the provision to be operated in the future by a forthcoming smart card system), or other permanently affixed storage which provides safe (either highly visible, in line of sight of attendant, or monitored by CCTV) and sheltered parking for bicycles." Each proposal from the area municipalities will be assessed by the Region based on: • description of the proposed bicycle parking facility and location • how well the proposal meets the MetroLinx definition the estimated cost and the amount of funding being requested • proposed implementation plan and timeline • procurement approach, and • availability of funds The assessment process also includes MetroLinx's verification of the proposals with respect to the funding eligibility definition. The proposed four locations; Pickering Recreation Complex, Petticoat Creek Library and Community Centre, Pickering Town Centre (north side), and Pickering Town Centre (south side) are in compliance with the eligibility criteria set by the program definition (See Attachments #2 and #3). A variety of bicycle parking facilities have been implemented, throughout the Greater Toronto and Hamilton Area (GTHA) under the BikeLinx program, including bike lockers, bike cages in parking garages and bike shelters. Examples of these facilities are illustrated in Attachment #4. Generally these facilities are located in the public realm and maintained by the area municipality, however in some instances a public authority is responsible for maintaining bicycle parking facilities. The City's Recommended Proposal and Approach is as follows: ill Report CS 02-12 January 16. 2012 72 Request for MetroLinx-BikeLinx Funding to Install Page 4 Sheltered, Safe and Secure Bicycle Parking at Strategic Locations in Pickering • the City proposes to install permanent, sheltered, safe and secure bicycle parking facilities at four strategic locations listed in Attachment #2 of this report under BikeLinx funding program • attachment #2 also illustrates the type of bike parking facility at each location and how these locations meet the eligibility criteria established by MetroLinx and the Region. • the City has a preference to implement bicycle parking facilities at the locations owned by the City rather than privately owned properties. Should the funding allocation to the City of Pickering by the Region be less than what is requested, the City's priority is for approval of bicycle parking facilities to be implemented on City owned property • the total estimated cost of installation of bike parking facilities at the proposed locations is $49,600, of which $18,400 relates to the City owned locations; and $31,200 relates to the privately owned locations • the exact costs to install bike parking facilities at the proposed locations will be determined after the work is tendered and completed • the implementation schedule and procurement approach will be determined in consultation with the Region and other agencies after the funding commitment is received from the Region • bicycle parking facilities will be implemented as soon as possible once the Region provides the funding commitment, and will be competitively procured to ensure optimum value for money • any agreement must address any financial and liability matters to the satisfaction of the City Solicitor, and the Director, Corporate Services & Treasurer • the proposed Pickering Town Centre (north side) and Pickering Town Centre (south side) locations are not owned by ,the City of Pickering. Discussions with the owner regarding the placement and long term maintenance of the bicycle parking facilities has not yet taken place. The Region expects the City to enter into an agreement with the third party owner to deal with future maintenance, repair and replacement costs for bicycle facilities on their site. However, it is preferred that the Region enters into an agreement directly with the third party owner for the Report CS 02-12 January 16. 2012 73 Request for MetroLinx-BikeLinx Funding to Install Page 5 Sheltered, Safe and Secure Bicycle Parking at Strategic Locations in Pickering bicycle facilities as they are intended to support regional and provincial transit systems Attachments: 1. Regional Staff Report to Joint Committee (Report No. 20011-J-44) 2. Recommended Strategic Locations for Bicycle Parking and Cost Estimates 3. Location Map 4. Graphical Illustration of Bike Locker, Bike Shelter and Bike Cage I Prepared By: Approved/Endorsed By: Dhaval Pandya, M.Eng., P.Eng. Everett Buntsma, D, CMM Coordinator, Transportation Engineering Director, Community Services Rich rd W. Ho orn, P.Eng. Diviiion Head, tngineering Services .d( Copy: Chief Administrative Officer Recommended for the consideration of Pickering C' Council 20 Tony Prevedel, P. Eng. Chief Administrative Officer 7 ;p r f< F O REPORT# CQ 02-1 'Z -j- of lr~ The Regional Municipality of Durham To: The Planning & Economic Development and Finance & Administration Committee • - From: A.L. Georgieff, Commissioner of Planning and Economic • Development R.J. Clapp, Commissioner of Finance Report No.: 2011-J-44 Date: October 20, 2011 SUBJECT: Metrolinx - BikeLinx Funding, File: A01-07-02 Correspondence dated May 21, 2008, from Angela Gibson, Senior Transportation Planner, Town of Ajax. Standing Committee Correspondence 2010-30 dated February 10, 2011, from Paul Ralph, Director of Planning Services, City of Oshawa RECOMMENDATIONS: THAT the Planning & Economic Development and Finance & Administration Committee recommends to Regional Council that: a) Each of the.area municipalities within Durham Region be provided with the, opportunity to request one time funding from the Region's 2008 one time BikeLinx Grant of $147,328 for the implementation of sheltered, safe and secure bicycle parking, consistent with the criteria established by Metrolinx for the BikeLinx program, including the area municipalities being required to enter into an agreement with the Region governing the expenditure of the funds and reporting requirements, and assuming the full (100%) responsibility for all ongoing future maintenance, repair and replacement costs; b) The area municipalities be requested to submit their proposals to the Commissioner of Planning and Economic Development and the Commissioner of Finance by January 31, 2012; I 1 ATTACI- MENT# L TOREPORT#CS Z-12- 75 2 of Ja- Report No.: 2011-J-44 Page No. 2 C) THAT Regional staff report back to Regional Council on the interested responses and recommendations for disbursement of the one time BikeLinx grant funding; and d) THAT a copy of Commissioners' Report No. 2011-J-44 be forwarded to each of the area municipalities and Metrolinx. REPORT: 1. PURPOSE 1.1 In March 2008, Metrolinx, through the BikeLinx program, awarded the Region one time funding of $387,328 for bicycle related infrastructure intended to enhance linkages between active transportation and transit. Of this funding, $240,000 was to be used to purchase and install bicycle racks on Durham Region Transit (DRT) buses and $147,328 was to be used for sheltered, safe and secure bicycle parking. 1.2 DRT has completed installing bike racks on all of its current conventional bus fleet at a total cost of $158,000. The remaining funds will be required to continue to purchase and install bicycle racks on future bus purchases. It is now appropriate to consider the best use of the remaining BikeLinx funds of $147,328. 1.3 The purpose of this report is to recommend an approach to implement sheltered, safe and secure bicycle parking in strategic locations in the Region, through the BikeLinx funds provided by Metrolinx. 2. IMPLEMENTATION OF BIKELINX FUNDS 2.1 Eligibility Criteria for BikeLinx Funding 2.1.1 Under the Metrolinx BikeLinx funding program, bicycle parking facilities that are eligible for funding must meet the following definition "Permanent, sheltered, safe and secure parking for bicycles, integrated with municipal and regional transit. Lockers should be placed at strategic locations such as major municipal and inter-regional transit facilities, 2 A7 TACHMENT#.~,~e... TOREPORT# QC~Z_(2- 7 ~ -of _I Report too.: 2011-J-44 Page No. 3 and/or mobility hubs. Storage spaces may include lockers (which should have the provision to be operated in the future by a forthcoming smart card system), or other permanently affixed storage which provides safe . (either highly visible, in line of sight of attendant, or monitored by CCTV and sheltered parking for bicycles." 2.1.2 A variety of bicycle parking facilities have been implemented through the BikeLinx initiative across the Greater Toronto and Hamilton Area (GTHA), including: bike lockers, bike cages in parking garages, and bike shelters. The facilities are generally located in the public realm and maintained by the municipality or in some instances a public authority. a 1 `C My Bike Locker Bike Cage {T' p I l i I Bike Shelter. I I I T O REPORT# GS o2-12 . ATTACHMENT _ of 77 Page No. 4 Report No.: 2011-J-44 2.2 Area Municipal Requests for Funding 2.2.1 Since the Region's receipt of the BikeLinx funding, the Town of Ajax (Attachment 1) and the City of Oshawa (Attachment 2), have requested a share of the funds to install bicycle lockers at the Ajax GO Station, the Ajax Plaza on Harwood Avenue, and the Oshawa City Hall respectively. The City of Oshawa has requested $4,000 to install 4 bike lockers at their City Hall, while the Town of Ajax has not provided a cost estimate. 2.3 Approach to Use of BikeLinx Funds 2.3.1 The funding requests received from Ajax and Oshawa demonstrate that the dispersal of funds to the area municipalities is an effective way of implementing sheltered, safe and secure bicycle parking, as it fits well with the municipal responsibilities in delivering street side facilities in the public realm. 2.3.2 To ensure fair and equitable access to the BikeLinx funding, each of the area municipalities should be provided with an opportunity to submit funding proposals to the Region that are consistent with the criteria established for the program by Metrolinx. All funding applications must be submitted to the Regional Commissioner,of Planning and Economic Development and Commissioner of Finance by January 31, 2012. 2.3.3 Each proposal will be assessed based on description of the proposed bicycle parking facility and location; how well the proposal meets the Metrolinx definition; the estimated cost and the amount of funding being requested; proposed implementation plan and timeline; procurement approach and availability of funds. As part of the assessment process, inputs will be sought from Metrolinx to verify that the proposals meet Metrolinx's funding eligibility definition. 2.4 Requirement to Enter Into an Agreement with the Region 2.4.1 A municipality, that has been awarded funding, will be required to enter into an agreement with the Region governing the expenditure of the funds. The municipality will acknowledge acceptance of any future maintenance, repair and replacement costs. The funding agreement will cover the capital costs of 4 7 8 Al''°ACI-. M ENT #-L- TO REPORT# (20 02 - 12 5 0f ReportNo.: 2011-J-44 Page No. 5 construction and installation of the secure cycling facilities as well as any reporting requirements related to the BikeLinx grant funding. A draft agreement will be presented to the area municipalities. 2.4.2 In order to ensure fair and equitable assessment of all applications, the funding requests received so far from Ajax and Oshawa will need to be assessed along with future proposals from all area municipalities. As such, Ajax and Oshawa may choose to resubmit their proposals to ensure completeness and better alignment with the assessment criteria. 3. CONCLUSIONS AND NEXT STEPS 3.1 Accordingly, it is recommended that each of the area municipalities within Durham Region be provided with the opportunity to request one time funding from the Region's BikeLinx Funds for the implementation of sheltered, safe and secure bicycle parking, consistent with the criteria established for the program. 3.2 A subsequent report will be presented to Committee and Council, once the proposals have been received and evaluated with input from Metrolinx, to recommend the distribution and awards of funding, and to authorize the Regional Chair and Clerk to enter into funding agreements with the recipient area municipalities. 3.3 This report has been prepared in consultation with the Works Department and Durham Region Transit. A.L. Georgieff, MCIP, RPP R.J. Clapp, A Commissioner of Planning and Commissioner of Finance Economic Development AlTAC~ii`1ENT#J TOREPORT#~ ©2--12- ?g of 141 Report No.: 2011-J-44 Page No. 6 RECOMMENDED FOR PRESENTATION TO COMMITTEE arry Fj u itt, M.S.W. Chief Administrative Officer Attachments: 1. Correspondence dated May 21, 2008, from Angela Gibson, Senior Transportation Planner, Town of Ajax. 2. Standing Committee Correspondence 2010-30 dated February 10, 2011, from Paul Ralph, Director of Planning Services, City of Oshawa. s k^,'A%CHMENT# 2-_. TO REPORT#C-'::)C)2-(2 so L- of _ U) O O m s- cw c(n N O~ c c y co Q-~ cn c-~- cn v ca (a N O N c6 N a) (D ca a a - a Z L. 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New w. ~ e ~i' ~;pl~ iR ~ Ln CD 4 ~,J IM 1 ~ C L J - I 1 Old Imp A 17 r zS Jna;.-- ANS~~ l r°r "1 r ' JY r _ Jr~ T J 4 .d « - ~.YeFrl •L 1~ ~ ~ ierr- ~ i~9 ~ ~ ~•ti fir. - a• ••a ei f ~ rt ~ i is, oo (D CD C/) 0 K fill t~ :37 =r t - m Pat (D CD =3 r (D b , CA t IG ' Y ~ 1 . 1 5, I caw Report To Executive Committee PICKERING Report Number: CS 03-12 Date: January 16, 2012 8 5 From: Everett . Buntsma Director, Community Services Subject: The Canadian Progress Club - Durham South - Front Street Centre Lease Renewal - File: A-1440-001-12 Recommendation: 1. That Report CS 03-12 be received by Council and; 2. That the Mayor and City Clerk be authorized to execute a renewal lease agreement to permit The Canadian Progress Club - Durham South to continue their use for club and community purposes at the Front Street Centre from February 1, 2012 to January 31, 2015 that is acceptable to the Director, Community Services and the City Solicitor. Executive Summary: The Canadian Progress Club - Durham South have an existing Lease Agreement for the Front Street Centre. The Club has requested to renew this agreement for the next three years. The Community Services Department recommends that a renewal agreement be initiated with The Canadian Progress Club - Durham South. Financial Implications: The Club is responsible for providing general maintenance services to the premises as well as all day-to-day operating expenses. Sustainability Implications: The Canadian Progress Club - Durham South contribute to the City of Pickering's health and well-being through various volunteer and fundraising efforts, community projects and events. The Club maintains and operates the Front Street Centre on behalf of the City of Pickering. This reduces the City's staffing requirement to operate this facility. Report CS 03-12 January 16, 2012 . ou Subject: The Canadian Progress Club - Durham South Page 2 Background: On February 2, 2004, Council enacted By-law 6285/04 authorizing the execution of a Lease Agreement with The Canadian Progress Club - Durham South for their use of the Front Street Centre for club and community purposes, from January 1, 2004 to December 31, 2006. At the Council Meeting of January 15, 2007, Council approved the extension of the lease agreement for another 3 year term. At this time, The'Canadian Progress Club - Durham South have requested to once again renew this agreement. The renewal lease agreement allows The Canadian Progress Club - Durham South to continue their use at the Front Street Centre from February. 1, 2012 to January 31, 2015. The Director, Community Services and Division Head, Culture & Recreation recommend that a renewal agreement be initiated with The Canadian Progress Club - Durham South. Attachments: 1. Lease Agreement 2. Location Map Prepared By: Approved/Endorsed y: Marisa Carpino Everett 'un a (Acting) Manager, ulture & Recreation Director, Communi. Services Stephen eynolds Division Head, Culture & Recreation :mc Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council A - 7 2- 0 Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised Xr ACHMENT # -!-TO REPORT # CS O 3 - 1 2 pie S S 7 LEASE AGREEMENT THIS LEASE is made as of the 1st day of February, 2012. BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - THE CANADIAN PROGRESS CLUB - DURHAM SOUTH (the "Club") ARTICLE I INTERPRETATION Definitions 1. In this Lease, (a) "Commencement Date" means February 1, 2012; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the entire facility known as the Front Street Centre (including the exterior deck and access walks) located on Water Lots 1 and 2 and part of Water Lot 3, Plan 65 in the City of Pickering, Regional Municipality of Durham; (d) "Rent" means the rent payable pursuant to Section 21; and (e) "Term" means the term of this Lease as set out in Section 18. 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. i 3 -I 2 TO REPORT.. ATTACHMENT # CS 0 Schedule 3. Schedule "A" (City's Alcohol Management Policy) is incorporated into and forms part of this Lease. Severability 4. 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 5. 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 6. This Lease shall be governed by, and 'interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 7. 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 8. In consideration of the performance by the Club of its obligations under this Lease, the City leases the Premises to the Club for its use during the Term subject to the provisions set out herein. Club Use of Premises 9. The Premises shall be used only for non-profit functions, charity events or non- commercial receptions and for no other purpose without the prior written consent of the City. 10. The Club's use of the Premises shall be in accordance with the City's Alcohol Management Policy (Schedule "A"). 3 ATTACHMENT # ~T~ip REPORT 3 6~'- 8 89 11. The Club shall have the exclusive use of the Premises every Saturday and Wednesday evening. Nuisance 12. The Club shall not carry on any activities or do or suffer any act or thing that constitutes a nuisance or which is offensive or an annoyance to the City. City Use of Premises 13. Subject to section 11, the City shall have first right of refusal to use the Premises. The Club shall not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. Assignment and Subletting 14. The Club shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Licences 15. The Club may grant licences to non-commercial licencees to use the Premises provided, (a) the term of the licence does not exceed one (1) month; (b) the licensee agrees to comply with sections 9 and 10 of this Lease; and (c) the fee for the licence is established by the City. i 16. The Club shall retain 100% of all licence fees recovered for the Premises. 17. The Club shall submit a written report to the City every four months documenting the source and amount of all licence fees received by the Club for the Premises. ARTICLE III TERM Term 18. The term of this Lease shall be three (3) years from the Commencement Date to January 31, 2015. 19. The City may terminate this Lease: (i) at any time for any reason provided it has given the Club six (6) months prior notice; and 4 A:fTACHMENT# ` fO REPORT# CS O3-) Z 90 (0 0.5e- 4 a'P 6 (ii) upon 15 days written notice to the Club in the event of a breach by the Club of any provision hereof. Overholding 20. If the Club 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 Club shall be deemed to be occupying the Premises from month to month 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 Rent 21. The Club shall pay to the City as rent for the entire the Term in lawful money of Canada the sum of One (1) Dollar ($1.00). Gross Lease 22. The City acknowledges that this is a gross lease and agrees to pay all charges, impositions and outlays of every nature and kind relating to the Premises except as expressly set out in this Lease. ARTICLE V MAINTENANCE, REPAIRS AND ALTERATIONS Maintenance of Premises 23. The Club shall maintain and operate the Premises at its expense so that they shall always be of good appearance and suitable for the proper operation of the Premises. 24. The Club shall provide general maintenance services to the Premises at its expense and shall provide all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment. 25. The Club shall be responsible for all day-to-day operating expenses including garbage removal. The Club shall not be responsible for utilities: 26. The City shall provide snow removal services for the parking lot. The Club shall be responsible for snow removal on all sidewalks, walkways and all other areas of pedestrian passage on the Premises. 27. (1) Subject to subsection (2), the City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot, lights and exterior grass cutting and landscaping. 5 ATTACHMENT# gf- s o(-- S 91 (2) The Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 28. The City shall repair existing leaks in plumbing in basement and provide a new roof if deemed necessary by the Director, Community Services, which determination shall be final. 29. The Club shall immediately notify the City of any unsafe conditions on the Premises. Security 30. The Club shall be responsible for the security of the Premises. The Club will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. Alterations/Improvements to Premises 31. The Club shall only be permitted to make alterations and improvements to the Premises that have been approved by the City. ARTICLE VI INSURANCE AND INDEMNITY Club's Insurance 32. The Club, 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 Club'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. 33. Prior to the Commencement Date, the Club shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. o v ~r0~~"i tr CS o3 - l 2 6 ATTACHMENT 4,-L 9 2 ~a.g~e 34. The provision of the insurance policy required by this section shall not relieve the Club from liability for claims not covered by the policy or which exceed its limits, if any, for which the Club may be held responsible. Insurance Risks 35. The Club 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 conduct of business in the Premises or any acts or omissions of the Club on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Club shall pay such increase to the City. Indemnification 36. Each of the City and the Club 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 Club, 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 37. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Club 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 38. In addition to all other remedies the City may have under this Lease and in law, if the Club 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 Club (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 7 ATTACNMEN i + _1 i aE10C,1- C S b3 - ( Z respect to such default, may remedy such default and the Club shall be 93 responsible for all such costs. Waiver 39. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Club 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 breach, and no waiver shall be inferred from or implied by anything done or omitted by the Club save only an express waiver in writing. ARTICLE VIII MISCELLANEOUS Quiet Enjoyment 40. The City shall permit the Club 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 Club is not in default. Right of Entry 41. The Club agrees to permit the City and authorized representatives of the City to enter the Premises during normal business hours for the purpose of inspecting the Premises. The City shall use its best efforts to minimize the disruption to the Club's use of the Premises during any such entry. Signs 42. The Club may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 43. The Club, 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 of the Premises by the Club or the making of any improvements to the Premises by the Club. Notice 44. Any notice required to be given by the City to the Club under this Lease shall be in writing and shall be delivered to the Premises or such other address of which the Club has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. t2 9 $ ATTACHMENT # i - . TO REPORT #~C_s _ ~0.5e 8 ~ 8 45. Any notice required to be given by the Club 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) or such other address of which the City has notified the Club in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Successors and Assigns 46. 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: Debbie Shields, Clerk THE CANADIAN PROGRESS CLUB - DURHAM SOUTH PER: PER: ATTACHMENT _ ~-U ~i~~Uftf CS 9 5 ~ AV SON- -9 AR K E. 0 RVI EW BAYVI EW Z VE• STREET -i ROAD E WA TERPOINT STREET COMMERCE Q)~ Q BROA Q V) STR SUBJECT PROPERTY ANN LAND STR N FRENCHMAN'S BAY WHARF STREET J O O W J ~QzqAR COMMUNITY ERVICES DEPARTMENT ATTACHMENT FOR C.4 04 DEPA i I ENGINEERING SERVICES DIVISION COMMUNITY SERVICES REPORT 1:4 000 7 aDEC 21, 2011 CS 03-12 - THe Canadian Progress Club - Durham South L•\MP---E\Th-.tk Mopp!W\"V-\O&ES - Director\Attwh.t !or Report 9 6 C Report To Executive Committee I KERI Report Number: CS 04-12 Date: January 16, 2012 From: Everett Buntsma Director, Community Services Subject: Tender No. T-17-2011 - Tender for Street Light Maintenance & Electrical Locates - File: A-1440 Recommendation: 1. That Report CS 04-12 of the Director, Community Services regarding the tender for municipal street light maintenance and electrical locates be received; 2. That Tender No. T-17-2011 submitted by Langley Utilities Contracting Limited in the amount of $611,789.91 (HST included) and a net cost of $543,024.72 (net of HST rebate) be approved; 3. That the appropriate City of Pickering officials be given authority to give effect hereto. Executive Summary: The City of Pickering owns and operates approximately 6,800 street light luminaires. The current 3 year contract for the provision of municipal street light maintenance and underground locates expires in February, 2012 and staff have issued a tender for a new 3 year service contract. Tender No. T-17-2011 was issued on November 23, 2011 and closed on December 15, 2011. The low bid of $611,789.91 (HST included), submitted by Langley Utilities Contracting Ltd., the City's current provider, is recommended for approval. Financial Implications: Labour, equipment, and materials cost will increase by approximately the rate of inflation. However, the amount of work foreseen for the future will increase due to mandatory changes in the industry. At this time, it is not known what affect if any, this will have on the City's annual total cost. However, the annual operating budget makes provisions for such contingencies and staff monitor the expenditures carefully. Report CS 04-12 January16, 2012 7 Subject: Tender for Street Light Maintenance & Electrical Locates Page 2 The proposed funding requirements for this tender, subject to Council approval, would be as follows: 1. Tender Amount Tender No. T-17- Yr 1 (2012) Year 2 (2013) Year 3 (2014) Total (3 Years) 2011 Year (Subtotal) $177,785.50 $177,785.50 $185,836.00 $541,407.00 HST (13%) 70,382.91 Sub-Total 611,789.91 HST Rebate (68,765.19) (11.24%) Total $543,024.72 While the contract establishes unit pricing for the repair and maintenance of the City's street light infrastructure, actual costs incurred are based on actual deficiency quantities (motor vehicle collisions, underground faults and failed components etc.). The funding for this tender is included each year in the Current Operating Budget. In 2011, the budget was $325,000 which included the previous tender plus the above mentioned additional costs. Sustainability Implications: This project provides for ongoing maintenance of the municipal street lighting system to promote vehicular and pedestrian roadway traffic safety, and security throughout the City. Background: The City of Pickering,owns and operates approximately 6,800 street light luminaires. Historically, municipal street lights were designed and maintained by Pickering HydroNeridian. Due to a ruling by the Ontario Energy. Board, local energy distributers can no longer perform this work given their ownership relationship with municipalities. Consequently, the contracted services for the general maintenance, inspection and repair (both routine and emergency) of street lights, poles, underground and aboveground wiring as well as related devices and the provision of construction street light locates has been provided by a private contractor working under contract to the City for the past three years. As the current 3 year municipal street light maintenance contract expires on February 28, 2012, City staff have re-issued a Tender for this work for another three year term. Of the three companies submitting a tender for this project, Langley Utilities Contracting Limited has submitted the lowest bid and meets all specifications and contract requirements in order to complete the work. Report CS 04-12 January 16, 2012 98 Subject: Tender for Street Light Maintenance & Electrical Locates Page 3 A review and comparison of the unit rates and quantities from previous years indicates that the costs have remained relatively unchanged. However, it is expected that the value of the contract and the 2012 budget will increase as numerous mandatory requirements need to be implemented to ensure public safety. Utility locates, ongoing pole replacement due to severe cracking, and stray voltage mitigation represent a significant portion of the anticipated increase in expenditures associated with street light maintenance. Staff records indicate that the City expenditure for the provision of underground street light wiring locates (a component of the tender contract) for conflict avoidance is approximately $40,000 per year. The Health & Safety Policy, NEER Statement and Certificate of Clearance issued by Workplace Safety & Insurance Board as submitted by Langley Utilities Contracting Ltd., have been reviewed by the Coordinator, Health & Safety, and deemed acceptable. The Certificate of Insurance has been reviewed by the Manager, Finance & Taxation and is deemed acceptable. In conjunction with staff's review of the contractor's previous work experience, check of references submitted and bonding available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Community Services Department, Operations Division recommends acceptance of the low bid Tender No. T-17-2011, submitted by Langley Utilities Contracting Ltd. in the amount of $611,789.91 (HST included) be approved. In accordance with the Purchasing Policy Item 06.12 (c), an award over $125,000 is subject to Council approval. Attachments: 1. Supply & Services Memo dated December,15, 2011 Prepared By: Approved/Endorsed By: Grant Smith ~l verett Buntsma Manager, Municipal Operations & Fleet 0 Director, Community Services Services Report CS 04-12 January 16, 2012 99 Subject: Tender for Street Light Maintenance & Electrical Locates Page 4 Prepared by: Approved/Endorsed By: Vera A. Felgemacher Gil Paterson C.P.P., CPPO, CPPB, C.P.M., CMM III Director, Corporate Services & Treasurer Manager, Supply & Services MP:lr Copy: Chief Administrative Officer Recommended for the consideration of Pickering ity Council 4, Zo 12, Tony Prevedel, P. Eng. Chief Administrative Officer ATTACFiMENT# I TOREPORT# GS04 -I 2 1 0 0 of .3 _ ICKF IIG Memo To: Everett Buntsma December 15, 2011 Director, Community Services From. Vera A. Felgemacher Manager, Supply & Services Copy: Manager, Municipal Operations & Fleet Services Coordinator, Roads & Infrastructure Subject, Tender No. T-17-2011 Tender for Street Light Maintenance and Electrical Locates - File: F-5400-001 Tenders have been received for the above project. An advertisement was placed in the Daily Commercial News and on the City's website inviting companies to download the tendering documents for the above mentioned tender. Three (3) bidders submitted a tender for this project. Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit prices and extensions unit prices shall govern and extensions will be corrected accordingly, which has been done. Copies of the tenders are attached for your review along with the summary of costs. SUMMARY Harmonized Sales Tax Included r._ - . Bidder Total Tendered Amount After Calculation Check _ - - Langley Utilities Contracting Ltd. $611,789.91 $611,789.91 Fellmore Electrical Contractors Ltd. j $802,002.14 $801,995.36 Black & McDonald Ltd. I $1,376,130.67 $1,376,130.78 _i__ Pursuant to Information to Bidders Item 29, the following will be requested of the low bidder for your review during the evaluation stage of this tender call. Please advise if you would like us to proceed with this task. (a) a copy of the Health and Safety Policy to be used on this project: (b) A copy of the current Workplace Injury Summary Report issued by Workplace Safety & Insurance Board (in lieu of the Workplace Injury Summary Report document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); ATTACHMENT#J---m T0REP0RT#M C-{--12 101 of 3 - (c) a copy of the current Certificate of Clearance issued by Workplace Safety & Insurance Board; (d) The City's. certificate of insurance or approved alternative form shall be completed by the bidder's agent, broker or insurer; (e) a copy of a valid Ontario Electrical Contractor Licence issued by the Electrical Contractors Registration Agency of the Electrical Safety Association( ECRA/ESA) and copies of valid Licenses for all Master Electricians who will be assigned to this project; (f) a copy of valid certificates of qualifications issued by the Ontario Ministry of Training, Colleges and Universities for all of the company's Journeyman Electricians and Powerline Technicians who will be assigned to this project; (g) a copy of valid certificate(s) of the Infrastructure Health & Safety Association (IHSA) trained "Street Light Maintainer - Level 1 and "Street Light Re- Lamper" personnel who will be working on the project, and a list of all other personnel and their job function as it relates to this project (i.e. management, drafting and technical staff); and (h) a plan outlining how an emergency response time of less than 2 hours is to be achieved. Please include the following items in your Report to Council (a) if items (a), (b), (c), and (e) through (g) noted above, are acceptable to the Co- ordinator, Health & Safety; (b) if item (d) - Insurance - is acceptable to the Manager, Finance & Taxation; (c) any past work experience with the Langley Utilities Contracting Ltd., including work location; (d) without past work experience, if reference information is acceptable; (e) the appropriate account number(s) to which this work is to be charged; (f) the budget amount(s) assigned thereto, (g) Treasurer's confirmation of funding; (h) related departmental approvals; and (i) related comments specific to the project. Note: Tenders shall be irrevocable for a period of sixty (60) days after the official date of closing. Please do not disclose any information to enquiries except you can direct them to the City's website for the unofficial bid results as read out at the public tender opening. Bidders will be advised of the outcome in due course. If yo require further information, please feel free to contact me or a member of Supply & Servi es. L:aI VAF/jg Attachments _ December 15, 2011 Tender No. T-17-2011 Page 2 Tender for Street Light Maintenance and Electrical Locates ! TO REPORT#CS o4-12- ~ 2 ATTAGt~N1ENT# of _3- E E O U C O U \ 1 ` Q 77 N O d O M z m E m ti v► o Q 'o gyp` C a a Q O~ q o J t~T F!3 EA OU ~i V d ~ p O W W Y .a v U C . r w ui C CD 4) U U 04 E p C et O h- MO w Z C L L W ~ ~ ~ O Z_ p r O w ca C w Z v = O Y w d c) O a~ = O EL- U) J .O O \ N1 LL m 0 ( d 'a m O LLJ ~0 L- ~ p ~0 4l q w ` a O d a~ 4) CU ea O p 3 ) a LULI p Q - 4 V Q Q co N r' N C 4 F (n V ~ \\JI y N ~ ;o Oo °c co H ~ 0 J Z O LU C ~ t4 C U- U ca Q 0 cn `o m °6 E m Y C U a) m U- J m Cia, a~ Report To - Executive Committee 103 PICKERING Report Number: CST 01-12 Date: January 16, 2012 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2012 Interim Levy and Interim Tax Instalment Due Dates Recommendation: 1. That Report CST 01-12 of the Director, Corporate Services & Treasurer be received-, 2. That an interim property tax levy be adopted for all realty property classes for 2012; 3. That the interim property tax levy tax instalment due dates be February 27 and April 27, 2012; 4. That the attached draft by-law, providing for the imposition of the taxes, be enacted-, and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: Each year, prior to the adoption of the estimates for the year, Council authorizes the adoption of an interim property tax levy. Under Provincial legislation, the interim levy can be no more than 50% of the previous year's annualized taxes. The tax levy raises funds that are used for the continuing operations of the City, Region and the School Boards. These due dates are relatively unchanged from prior years. Financial Implications: Adoption of the recommendations and passing the By-law will allow staff of the Corporate Services Department to bill the 2012 interim levy to all properties. Passing of the By-law will assist the City of Pickering to meet its financial obligations and reduce any borrowing costs. (The first school board payment is due on March 31, 2012). Report CST 01-12 January 16, 2011 1.0Subject: 2012 Interim Levy and Interim Tax Instalment Due Dates Page 2 Sustainability Implications: Council authority is required in order to raise property tax revenue prior to approving 2012 budgets and setting tax rates for the City. This revenue will allow each of the bodies (City, Region and School Board) to meet expenditures and maintain financial sustainability pending approval of the respective 2012 Current Budgets. Background: In accordance with the Municipal Act, 2001, as amended, the City issues Interim property tax bills based on the previous year's annualized taxes. The Province-wide re-assessment is not taken into consideration when calculating the interim taxes payable. For those property owners whose assessment increases or decreases, the impact of the assessment change will be reflected on the 2012 Final tax bill, which has two instalment dates. If a property experienced an assessment increase, due to an additional supplementary or omitted assessment, or a decrease in assessment due to an appeal, demolition or class change, the 2012 interim levy would be based on the adjusted annualized 2011 taxes. However, for those taxpayers that utilize the City's Pre-authorized Payment Plan (PAP), they will have the benefit of spreading any potential tax increase due to re-assessment over the five instalments that occur after the budgets of the City of Pickering have been passed and after the Province sets the 2012 (final) education tax rates. The City currently has approximately 7,400 ratepayers using the PAP program. Taxpayers who have taxes included with their mortgage payments pay their taxes over a 12-month period and also do not experience the impact of re-assessment to the same extent as a taxpayer who pays their taxes on the four regular instalment due dates. Attachments: 1. By-law to Establish the 2012 Interim Instalment Due Dates Prepared By: Approved / Endorsed By: Stan Karwowski Gillis A. Paterson Manager, Finance & Taxation Director, Corporate Services & Treasurer Co : Chief Administrative Officer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer ATTACHMENT #.,L-TO REPORT # 01 I~ 105 The Corporation of the City of Pickering By-law No. Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2012. Whereas Section 317, of the Municipal Act, 2001, S.0.2001, c.25, as amended, provides that the council of a local municipality may, before the adoption of the estimates for the year, pass a By-law levying amounts on the assessment of property, in the local municipality ratable for local municipality purposes; and I Whereas, the Council of the Corporation of the City of Pickering deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. Now therefore, the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. The amounts levied shall be as follows: a. For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2011. b. For the multi-residential, commercial and industrial property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2011. c. For the payment-in-lieu property classes, there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and where applicable for school purposes, in the year 2011. 2. For the purposes of calculating the total amount of taxes for the year 2012 under paragraph one, the Director, Corporate Services & Treasurer has the authority to prescribe the percentage for the calculation of the interim taxes and if any taxes for municipal and school purposes were levied on a property for only part of 2011 because assessment was added to the collector's roll during 2011, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. 3. The provisions of this By-law apply in the event that assessment is added for the year 2011 to the collector's roll after the date this By-law is passed and an interim levy shall be imposed and collected. By-law No. Page 2 106 4. Taxes shall be payable to the Treasurer, City of Pickering. 5. When not in default, the payment of taxes, or any instalment thereof, may also be made at any financial institution permitted by Subsection 346 (2) of the Municipal Act, 2001, S.O. 2001 c. 25, as amended. 6. The Treasurer may mail, or cause to be mailed, all notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S. 0. c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from tenants or other persons. 7. The Treasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (1) and (2) of the Municipal Act 2001, S.O. c.25 as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipal Act 2001, S.O. c.25, as amended. 8. The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2012 taxes, one notice being an INTERIM notice, with two instalments under the provisions of Section 342 of the Municipal Act 2001, S. 0. 2001, c.25 as amended, as follows: Interim Tax Notice - Due date of the first instalment February 27, 2012 - Due date of the second instalment April 27, 2012; or either date adjusted by the Director, Corporate Services & Treasurer. 9. Except in the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the late payment charge of one and one-quarter percent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax or assessment, rent or rate of any instalment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O. c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes.all such taxes, assessments,. rents, rates or instalments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S. 0. c.25 as amended. 10. In the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, the late payment charge of one and one-quarter percent for non payment of taxes and monies payable as taxes shall be added as a penalty to every tax so payable remaining 1 By-law No. Page 3 0 7 unpaid on the first day after twenty-one days from the date of mailing by the Treasurer of a demand for payment thereof and on the first day of each calendar month thereafter in which default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O. c.25 as amended. It shall be the duty of the Treasurer immediately after the expiration of the said twenty-one days to collect at once by distress or otherwise under the provisions of the applicable statutes, all such taxes as shall not have been paid on or before the expiration of the said twenty-one day period, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S. 0. c.25 as amended. 11. Nothing herein contained shall prevent the Treasurer from proceeding at any time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and By-laws governing the collection of taxes. 12. Where tenants of land owned by the Crown or in which the Crown has an interest are liable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than thirty days, such employer shall pay over to the Treasurer on demand out of any wages, salary or other remuneration due to such employee, the amount then payable for taxes under this By-law and such payment shall relieve the employer from any liability to the employee for the amount so paid. 13. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. 14. That this By-law is to come into effect on the 1st day of January, 2012. By-law read a first, second and third time and finally passed this 23rd day of January, 2012. David Ryan, Mayor Debbie Shields, Clerk