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HomeMy WebLinkAboutMay 15, 2017 Council Agenda Monday, May 15, 2017 Council Chambers 7:00 pm For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928. lroberts@pickering.ca Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. -C-~D~­ PlCKERlNG XI) Other Business XII) Confirmation By-law XIII) Adjournment Council Meeting Agenda Monday, May 15, 2017 Council Chambers 7:00pm For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca -Cipod- PJCKERJNG Present: Mayor Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. Mclean D. Pickles Also Present: -Chief Administrative Officer -Director, City Development & CBO Council Meeting Minutes April11, 2017 7:00 pm -Council Chambers T. Prevedel K. Bentley P. Bigioni J. Hagg -Director, Corporate Services & City Solicitor R. Holborn S. Karwowski M. Gadzovski C. Rose N. Surti D. Shields -Fire Chief -Director, Engineering Services -Director, Finance & Treasurer -Division Head, Water Resources & Development Services -Chief Planner -Manager, Development Review & Urban Design -City Clerk (I) Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) Disclosure of Interest There were no disclosures of interest noted. (Ill) Adoption of Minutes Resolution #278/17 Moved by Councillor Cumming Seconded by Councillor Brenner In Camera Council Meeting Minutes, March 13, 2017 Council Meeting Minutes, March 13, 2017 Executive Committee Minutes, April 3, 2017 1 1 2 -~of­ PJCKERJNG Council Meeting Minutes April11, 2017 7:00 pm -Council Chambers Planning & Development Committee Minutes, April 3, 2017 (IV) Delegations 1. Durham Regional Police Services Re: Body Worn Camera Project Carried Inspector Sean Fitzgerald, PC Marten Wind, Assistant Project Manager and A!Sgt Jason Bagg, Project Manager for Durham Regional Police Services Body Worn Camera Project appeared before Council to give an overview of the project. He noted that the pilot project was being conducted to investigate the pros and cons of body worn camera. He noted that it could be a valuable tool for Police in improving trust and accountability and Policy legitimacy. He noted that body worn cameras could serve to document and provide checks and balances for the Police. He noted that the first steps in the project are to collect information, measure the effects body worn cameras will have and the financial implications. He requested that Pickering direct comments to Durham Regional Police Service and encourage residents to complete the Survey regarding body worn cameras. A question and answer period ensued on when cameras would be activated by the Police Officer, whether they would be turned off when entering a persons residents, whether each Officer would have one or would they be shared, the retention period for video records, and the financial implications of this project. 2. Ryan Guetter, Weston Consulting Re: City Centre Zoning By-law 7553/17 & City Centre Urban Design Guidelines and Zoning By-law 7554/17 Mr. Guetter of Weston Consulting appeared before Council and noted that his clients were satisfied with the documents. He stated that he was in attendan.ce to answer any questions Council may have. (V) Committee Reports Report EC 2017-03 of the Executive Committee 2. Director, Engineering Services, Report ENG 06-17 Amendment to Traffic and Parking By-law 6604/05 -Inclusion of New Roads and Traffic Controls Council Decision 2 -Cdpof- PJCKERJNG Council Meeting Minutes April11, 2017 7:00pm-Council Chambers 1. That the attached draft by-law be enacted to amend Schedule "2", Schedule "5", Schedule "6", Schedule "7", Schedule "9" and Schedule "10" to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, · specifically to provide for the inclusion of new roads and traffic controls into the Traffic and Parking By-law; 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 3. Director, Engineering Services, Report ENG 07-17 Asphalt Resurfacing on Various City Streets, Trails and Driveways -Tender No. T-2-2017 Council Decision 1. That Tender No. T-2-2017 for Asphalt Resurfacing on Various City Streets, Trails & Driveways as submitted by Furfari Paving Co. Ltd. in the total tendered amount of $1,487,065.99 (HST included) be amended to include an additional $33,7 43.30 (HST included) for expansion of the Strouds Lane Project from Foxwood Trail to Amberlea Road be accepted; 2. That the total gross project cost of $1,858,871.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $1,673,971.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $1,673,971.00 as follows: a) The sum $1,084,777.00 as approved in the 2017 Capital Budget to be funded by a transfer from the Federal Gas Tax Reserve Fund; b) The sum of $390,315.00 as approved in the 2017 Capital Budget to be funded from the Ontario Community Infrastructure Fund (OCIF) Grant; c) The sum of $47,000.00 for the Kinsmen Park Maintenance Road be financed by undertaking an internal loan for a term of 5 year; d) The sum of $109,000.00 for the Waterfront Trail be financed by\ undertaking an internal loan for a term of 5 years; e) The sum of $41 ,655.00 as approved in the 2016 Capital Budget to be funded by a transfer from the Roads & Bridges Reserve Fund; f) The balance sum of $1,224.00 be funded from property taxes; and 3 3 4 -C~of­ PJCKERJNG Council Meeting Minutes April 11, 2017 7:00 pm -Council Chambers 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4. Director, Finance & Treasurer, Report FIN 06-17 Low Income Seniors and Persons with Disabilities Property Tax Grant Program Council Decision 1. That Report FIN 06-17 of the Director, Finance & Treasurer regarding the Low Income Seniors and Low Income Persons with Disabilities Property Tax Grant be received; 2. That the attached By-law, providing for the Low Income Seniors and Low Income Persons with Disabilities Property Tax Grant be enacted; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 5. Director, Corporate Services & City Solicitor, Report LEG 03-17 Mattamy (Seaton) Limited (Phase I) -Seaton Master Parks Agreement and Seaton Easement Conveyance Agreement Council Decision 1. That Report LEG 03-17 respecting the Seaton Master Parks Agreement and Seaton Easement Conveyance Agreement be received; 2. That the Seaton Master Parks Agreement, substantially in the form included in this Report as Attachment No. 1, be entered into by the City to govern the provision of parkland within Seaton, subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; 3. That the Seaton Easement Conveyance Agreement, substantially in the form included in this Report as Attachment No. 2, be entered into by the City in respect of the Mattamy (Seaton) Limited Phase I subdivision (SP-2009-13), subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; 4. That the form of Easement Conveyance Agreement included in this Report as Attachment No. 2, subject to revisions approved by the Director, Corporate Services & City Solicitor, be used by the City for all easements required to permit the location of storm water management ponds and facilities on Provincial lands, as needed to service other Seaton subdivisions; 4 -C~o~­ PJCKERJNG Council Meeting Minutes April11, 2017 7:00 pm -Council Chambers 5. That the said Agreements, including all future Easement Conveyance Agreements in Seaton, be executed by the Mayor and City Clerk; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. 6. Director, City Development & CBO, Report PLN 05-17 City of Pickering LED Streetlight Conversion Program Council Decision 1. That Council endorse staff's recommendation to retain Realterm Energy Corp. to convert the City's High Pressure Sodium (HPS) and Mercury Vapour (MV) streetlight luminaires to energy efficient Light Emitting Diode (LED) streetlight luminaires; 2. That Council approve the award of a single source contract to Realterm Energy Corp. in accordance with the City's Purchasing Policy, Item 09.09 in the amount of $6,439,926.50 (HST included); 3. That the total gross project cost of $6,773,782.00 (HST included) including the cost proposal from Realterm Energy Corp. and other associated costs, and the total net project cost of $6,100,000.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net . project cost of $6,100,000.00 as follows: a) The sum of $3,880,000.00 as approved in the 2016 Capital Budget for Streetlight Luminaries Replacement -Phase 2, be funded by a transfer from the Federal Gas Tax Reserve Fund; b) The sum of $1,500,000.00 as approved in the 2016 Capital Budget for Streetlight Luminaires Replacement-Phase 2, be funded by a transfer from the Rate Stabilization Reserve; c) The sum of $500,000.00 as approved in the 2017 Capital Budget for Streetlight Luminaires Replacement-Phase 3, be funded by a transfer from the Independent Electricity System Operator (IESO) incentive grant; d) An additional amount of $100,000.00 from savings realized in Tender No. T-2-2017, Asphalt Resurfacing on Various City Streets, Trails, and Driveways be applied to the Streetlight Luminaires Replacement-Phase 2 project to cover incremental costs and be funded by a transfer from the Federal Gas Tax Reserve Fund; 5 5 6 --04of-- P1CKER1NG Council Meeting Minutes April11, 2017 7:00 pm -Council Chambers e) The Phase 1 funding from Capitl Project Account 5325.1603.7505 in the amount of $120,000.00 funded by a transfer from the Federal Gas Tax Reserve Fund be applied to the Streetlight Luminaires Replacement- Phase 2 project; 5. That the Mayor and Clerk be authorized to sign an agreement between the City and Realterm Energy Corp. in a form satisfactory to the Director, Corporate Services & City Solicitor; 6. That staff consult with the Whitevale and District Residents' Association on the selection of a LED lighting luminaire that best reflects the character of the Heritage Conservation District and that staff consider the preferred LED luminaire and associated costs as part of the 2018 Capital Budget; 7. That the Director, Finance & Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; and 8. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Moved by Councillor Pickles Seconded by Councillor Brenner Resolution # 279/17 That Report 2017-03 of the Executive Committee meeting held on April 3, 2017 save and except Item 1, be adopted. 1. Director, Engineering Services, Report ENG 02-17 Toronto and Region Conservation Authority -Greenwood Conservation Lands Master Plan -Brock North Lands Carried A question and answer period ensued with respect to questions raised at the Executive Meeting regarding financial details of the project. Members also requested regular updates. Moved by Councillor Pickles Seconded by Councillor Brenner Resolution # 280/17 6 -Cdyoj- J(KERJNG Council Meeting Minutes April11, 2017 7:00 pm -Council Chambers 1 . That staff be authorized to waive any future fill permit tipping fees and securities (refundable deposits) as required by the current Fees & Charges By-law, from the Toronto and Region Conservation Authority (TRCA) related to the Brock North Lands site for the term of the fill operation at the site; 2. That Council authorize staff to enter into discussion with City of Toronto staff, in an effort to have the City of Toronto waive the requirement set out in the agreement of purchase and sale between the City of Toronto and the TRCA dated the 18th day of January, 2011, for payment of fair market value for all of the property entitlements, interests and permissions conveyed or granted by TRCA to the City of Pickering for ancillary uses on the Brock North Lands; 3. That staff be authorized to work with the TRCA on the development of a landscape master plan for the Brock North Lands that achieves a balance between ecological restoration and preparation for recreational facilities, while incorporating the importation and placement of approximately 1.7 million cubic metres of clean fill; 4. That staff be authorized to work with the TRCA to amend the existing management agreement between the City of Pickering and TRCA to include the permitted ancillary and recreational uses for the Brock North Lands on terms similar to the existing management agreement; 5. That a copy of this report be forwarded to TRCA; and 6. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Carried b) Report PO 2017-03 of the Planning & Development Committee 1. Director, City Development & CBO, Report PLN 04-17 Pickering Nuclear Generating Station Status of Activities Council Decision 1 . That Report PLN 04-17 of the Director, City Development & CBO regarding the status of activities at the Pickering Nuclear Generating Station be received for information; 7 7 8 -Cdt;of- PJ(KERJNG Council Meeting Minutes . April11, 2017 7:00 pm -Council Chambers 2. That staff continue to report to Council at strategic milestones during the extended operations and retirement of the Pickering Nuclear Generating Station; and 3. That a copy of Report PLN 04-17 be forwarded to the Region of Durham, the Ministry of Energy, Ontario Power Generation, and Hydro One. Resolution # 281/17 Moved by Councillor Pickles Seconded by Councillor Brenner That Report 2017-03 of the Planning & Development Committee meeting held on April 3, 2017, be adopted, (VI} New and Unfinished Business 1. Director, Community Services, Report CS 05-17 Beach Volleyball Court Licence Agreement -Solswtice Sport Inc. Resolution # 282/17 Moved by Councillor Ashe Seconded by Councillor Brenner Carried 1 . That the Mayor and City Clerk be authorized to execute the Licence Agreement set out in attachment 1 of this Report to which Solstice Sport Inc. will be permitted to operate beach volleyball programs in Diana, Princess of Wales Park for a 5 year term beginning May 1, 2017 and ending September 30, 2021, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 2 Director, City Development & CBO, Report PLN 07-17 Zoning By-law Amendment Application A 06/16 City Initiated Zoning By-law and Urban Design Guidelines City Centre 8 Carried -Ct4of- PlCKERJNG Resolution # 283/17 Moved by Councillor Brenner Seconded by Councillor Cumming Council Meeting Minutes April11, 2017 7:00pm-Council Chambers 1. That the City initiated City Centre Zoning By-law 7553/17, dated April 3, 2017, as set out in Appendix I to report PLN 07-17, and previously endorsed in draft by Council on January 16,2017, be enacted; and 2. Thatthe City Centre Urban Design Guidelines, dated April3, 2017, as set out in Appendix II to report PLN 07-17, and previously endorsed in draft by Council on January 16, 2017, be approved. Carried (VII) Notice of Motion a) Please Slow Down Campaign A question and answer period ensued regarding concerns with implementing the campaign without more detail on how it will work, regulations that residents will be required to follow, sign pollution and financial impacts as well as time restraints. Moved by Councillor Brenner Seconded by Councillor Butt Resolution # 284/17 Whereas safe roads is a priority for the City of Pickering and its residents; Whereas the need to address speeding on City roads is a growing concern to residents; Whereas the City of Pickering is committed to addressing these concerns by working with Durham Regional Police, City and Regional staff, and residents through enforcement, education, awareness and traffic calming options; Whereas several communities across Ontario, including the City of Toronto has adopted the "Please Slow Down" campaign in partnership with its residents; Whereas documented evidence from the City of Toronto has confirmed 96% satisfaction rate ·with the campaign, including 26% noting strong improvement, and 24% moderate impact; Whereas residents from Wards 1, 2 and 3 desire to have the City implement measures to address the problem of speeding; 9 9 10 -Cdpof- P1CKER1NG Council Meeting Minutes April11, 2017 7:00 pm -Council Chambers Whereas several community groups would be interested in partnering on a "Please Slow Down" campaign; Now therefore be it resolved that the City of Pickering adopt the "Please Slow Down" campaign on City roads, and that Staff report back to Council no later than the June 26th meeting on its implementation. Moved by Councillor Brenner Seconded by Councillor Ashe Resolution # 285/17 Refered back to Staff by the Following Motion That the "Please Slow Down" campaign be referred to staff for further investigation and that Staff report back to Council no later than the September 11th meeting. Carried. b) Support for Building Canada's First Microgrid Community in Pickering Resolution # 286/17 Moved by Councillor Brenner Seconded by Councillor Pickles Whereas Marshall Homes, in partnership with Veridian Connections and Opus One Solutions, has brought forward a proposal to build Canada's first microgrid community in the City of Pickering; Whereas Marshall Homes will build a 28-unit townhouse complex at 1956 Altona Road, which will be engineered to include community-scale solar power generation, including a 500 kWh T esla battery; Whereas this state-of-the-art "Transactive Energy" control system will provide a customer control, as well as power system flexibility for intelligent, automated two-way power flow to benefit grid management imperatives; and an adaptive infrastructure to enable innovative technology development to demonstrate integration among multiple energy generation and demand resources; Whereas the total investment for the project will be $3.142 million, arranged by the proponents without any request for financial contribution from the City of Pickering; 10 -~of-.­ PlC ERl G Council Meeting Minutes April11, 2017 7:00pm-Council Chambers Whereas for this environmental and sustainable project to proceed, it requires support from the TRCA to enable construction of the solar generated transformer station on abutting lands; Now therefore be it resolved that the City of Pickering support this initiative by sending a letter to the TRCA requesting that the TRCA provide the necessary approvals in a timely manner for this project to proceed. Carried (VIII) By-laws 7551/17 7552/17 7553/17 7554/17 7555/17 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. Being a by-law to provide relief of financial hardship for low income seniors and low income persons with disabilities. City Centre Zoning By-law. Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham being Part of Lot 18, Concession 2, in the City of Pickering (A 03/17). Being a by-law to amend Schedule A of By-law 7362/14 appointing Inspectors. Resolution # 287/17 Moved by Councillor Ashe Seconded by Councillor Brenner That By-law Nos. 7551/17 through 7555/17, be approved. Carried (IX) Confirmation By-law By-law Number #7556/17 Councillor Pickles, seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of April 11 , 2017. Carried 11 11 1 2 -.Cdyof- PlCKERJNG (X) Adjournment Moved by Councillor Cumming Seconded by Councillor Ashe Council Meeting Minutes April11, 2017 7:00 pm -Council Chambers That the meeting be adjourned at 8:05 pm. Dated this 11th day of April, 2017. Mayor Ryan Debbie Shields City Clerk 12 Carried -C~o~­ PJCKERlNG Present: Mayor Ryan Councillors: M. -Brenner S.Butt I. Cumming B. Mclean Absent: K.Ashe D. Pickles Also Present: -Chief Administrative Officer Executive Committee Meeting Minutes Monday, May 8, 2017 2:00pm Council Chambers Chair: Councillor Butt T. Prevedel K. Bentley P. Bigioni M. Carpino J.Hagg -Director, City Development & Chief Building Official R. Holborn S. Karwowski C. Rose D. Shields G. McGregor L. Roberts -Director, Corporate Services & City Solicitor -Director, Community Services -Fire Chief -Director, Engineering Services -Director, Finance & Treasurer -Chief Planner -City Clerk -Manager, Strategic Initiatives & Sustainability -Committee Coordinator (I) Disclosure of Interest No disclosures of interest were noted. (II) Matters for Consideration Brian Kelly, Manager of Sustainability, Region of Durham, appeared before the Committee in support of Report PLN 06-17. Through the aid of a power point presentation, he provided an overview of the Durham Community Climate Adaptation Plan. He noted that he was present to seek approval in principle for the Plan and also to seek a delegation from City of Pickering staff to participate in Working Groups as part of the next steps to develop programs. Through his presentation, Mr. Kelly outlined the 1 13 14 -Cdj;of- PlCKERJNG Executive Committee Meeting Minutes Monday, May 8, 2017 2:00 pm Council Chambers Chair: Councillor Butt various phases and future plans, noting the complexity of the plan as no one level of authority is involved. 1. Director, City Development & CBO, Report PLN 06-17 City of Pickering Durham Community Climate Adaptation Plan Recommendation Moved by Councillor Mclean Seconded by Councillor Cumming 1. That Council approves the Durham Community Climate Adaptation Plan in principle; 2. That Council authorizes staff to participate in the Working Groups being established by the Region of Durham to develop the 18 proposed Programs as part of Phase 3: Program Approval and Funding; 3. That Council authorizes staff to participate in the development of a Reporting Framework for joint tracking of the Programs in the Durham Community Climate Adaptation Plan; and 4. That the City Clerk forward a copy of Report PLN 06-17 to the Region of Durham. 2. Director, Community Services, Report CS 08-17 Tender for Pickering Civic Complex Roof Repairs -Tender No. T-1 0-2017 Carried A brief discussion period ensued regarding the warranty as well as materials with respect to the roof repairs. Recommendation Moved by Councillor Cumming Seconded by Councillor Brenner 1.. That Tender No. T-10-2017 submitted by Foran's Roofing and & Sheetmetal Limited in the amount of $499,460.00 (HST included) be accepted; 2 1 6 -~o~­ PlCKERlNG Executive Committee Meeting Minutes Monday, May 8, 2017 2:00 pm Council Chambers Chair: Councillor Butt b) That Council authorize a transfer of $80,173 from the Building Permit Stabilization Reserve Fund to the Rate Stabilization Reserve (Account #7021). 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 4. Director, Finance & Treasurer, Report FIN 08-17 2017 Tax Rates and Final Tax Due Dates for all Realty Tax Classes, Except for Commercial, Industrial and Multi-Residential Realty Classes Recommendation Moved by Councillor Brenner Seconded by Mayor Ryan 1. That Report FIN 08-17 of the Director, Finance & Treasurer regarding the 2017 tax rates be received; 2. That the 2017 tax rates for the City of Pickering be approved as contained in Schedule A of the By-law attached hereto; 3. That the tax levy due dates for the Final Billing be June 28, 2017 and September 28, 2017 excluding the industrial, multi-residential and commercial realty tax classes; 4. That for the year 2017, the City shall levy upon designated Universities and Colleges an annual tax at the prescribed amount for each full-time student enrolled in the University or College, as determined by the Minister of Training, Colleges and Universities, payable on or after July 1st ; 5. That the attached By-law be approved; 6. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and, 4 -C~o~­ PlCKERlNG Executive Committee Meeting Minutes Monday, May 8, 2017 2:00 pm Council Chambers Chair: Councillor Butt 7. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Carried 5. Director, Finance & Treasurer, Report FIN 09-17 Section 357/358 of the Municipal Act-Adjustment to Taxes Recommendation Moved by Mayor Ryan Seconded by Councillor Cumming 1 . That the write-off of taxes as provided for in Attachment 1, in accordance with Sections 357/358 of the Municipal Act, 2001 be approved; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 6. Director, Finance & Treasurer, Report FIN 10-17 Commodity Price Hedging Agreements Report Recommendation Moved by Councillor Brenner Seconded by Councillor Cumming Carried It is recommended that Report FIN 10-17 from the Director, Finance & Treasurer regarding commodity price hedging agreements be received for information. Carried (Ill) Adjournment The meeting adjourned at 2:20 pm. 5 17 18 -~o~­ Pl(KERJNG Present: Mayor Ryan Councillors: M. Brenner S.Butt I. Cumming B. Mclean Absent: K. Ashe D. Pickles Also Present: -Chief Administrative Officer Planning & Development Committee Meeting Minutes · Monday, May 8, 2017 7:00 pm -Council Chambers Chair: Councillor Brenner T. Prevedel P. Bigioni K. Bentley C. Rose -Director, Corporate Services & City Solicitor L. Harker N. Surti R. Pym C. Morrison L. Roberts -Director, City Development & CBO -Chief Planner -Deputy Clerk -Manager, Development Review & Urban Design -Principal Planner & Strategic Initiatives -Planner I -Committee Coordinator (I) Disclosure of Interest No disclosures of interest were noted. (II) Part "A" Information Reports Councillor Brenner, Chair, gave an outline of the requirements for a Statutory Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City . before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. 1 -U~o~­ PlCKERlNG Planning & Development Committee Meeting Minutes Monday, May 8, 2017 7:00 pm -Council Chambers Chair: Councillor Brenner C. Rose, Chief Planner, appeared before the Committee to act as facilitator for the public portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 1. Information Report No. 03-17 Zoning By-law Amendment Application A 04/17 · Request for Red-Line Revision of Draft Approved Plan of Subdivision SP-2008-11 (R) 1133373 Ontario Limited and Lebovic Enterprises .Limited Part of Lots 22, 23, 24 and ~5, Concession 4 Seaton Community, City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Ross Pym, Principal Planner & Strategic Initiatives, appeared before the Committee and through the aid of a power point presentation, provided an overview of the application, outlining the lands to be developed within the Seaton community. He also outlined the minor revisions and proposed zoning changes. Lloyd Cherniak, Lebovic Enterprises Ltd., appeared before the Committee on behalf of the applicant, explaining the reasons for the minor revisions to the application. No members of the public appeared in favour of or in opposition to the application. A brief discussion period ensued with Members seeking clarification of certain terminology for the benefit of the public in attendance. They also questioned architectural control with respect to the development. 2. Information Report No. 04-17 Zoning By-law Amendment Application A 14/16 R. & S. Cross Part of Lot 3, Plan 12, Now Part 1 Plan 40R5734 (4993 Brock Road) A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. C. Morrison, Planner I, appeared before the Committee and through the aid of a power point presentation, outlined the proposed development for 4993 Brock Road, indicating that the applicant proposes to demolish the existing dwelling and coach house in order 2 19 20 -CdJof- PlCKERJNG Planning & Development Committee Meeting Minutes Monday, May 8, 2017 7:00 pm -Council Chambers Chair: Councillor Brenner to construct a new building containing two separate dwelling units. He also outlined resident and agency comments received to date. Peter Barton, Avtech Designs appeared before the Committee on behalf of the applicant in support of the application. He indicated height adjustments have been made in order to minimize street impact. Daniel Park, 1703 Central Street, owner of the Claremont General Store and neighbouring property, appeared before the Committee, outlining his concerns with respect to the potential impact on his property during construction. He requested a temporary fence be constructed along the south side of the driveway for the duration of the construction and that 24 hours notice be given for additional construction access. He also indicated his agreement that the stone foundation wall should remain to protect the slope stability. Mr. Park also requested they be notified of an approximate construction schedule and that all fencing, sod swale and driveway be restored once construction has been completed. Jason Redshaw, 1789 Central Street, Claremont appeared before the Committee on behalf of his uncle and sister who own the property to the south of the proposed development. He noted their concerns that the property be restored in a timely manner, protection of existing trees, and that a privacy fence be installed to mitigate noise from the adjoining driveway. Peter Barton returned to address concerns and indicated that tree protection and fencing will be addressed. A brief discussion period ensued with Members seeking clarification with respect to the height of the dwellings, materials to be used as well as the existing well on the property. Concerns were also noted for the construction of a new dwelling on the existing foundation, as the structure dates back to 1890. (Ill) Part "8" Planning & Development Reports 1. Director, City Development & CBO, Report PLN 08-17 Zoning By-law Amendment Application A 08/16 Icon Dunfair Limited Part of Lot 29, Range 3 BFC 1464 and 1466 Whites Road Scott Waterhouse, Project Manager, Candevon Ltd., appeared before the Committee in support of the application and to respond to any questions or concerns. 3 -C~oj­Planning & Development Committee Meeting Minutes Monday, May 8, 2017 7:00 pm -Council Chambers Chair: Councillor Brenner Pl KERJN A brief discussion ensued with Members noting concerns for increased traffic volumes on Whites Road as well as any potential impacts on the school. Members also questioned whether options for alternative access points had been discussed with the School Board. Sylvia Spencer, 771 Sheppard Avenue, Pickering, appeared before the Committee to express concerns with respect to a lack of accessibility for the proposed development, and questioned the location of the stone wall at Whites and Dunbarton in order to properly identify the location. She also noted that the wall at the car wash and gas station should be brick as opposed to wood, and also questioned any procedures to prevent the umbrellas on the patio deck from becoming airborne in strong winds. Recommendation Moved by Councillor Mclean Seconded by Councillor Cumming That Zoning By-law Amendment Application A 08/16, submitted by Icon Dunfair Limited, to facilitate a residential condominium development consisting of 92 stacked back-to-back townhouse units on lands being Part of Lot 29, Range 3 BFC, be endorsed subject to the provisions contained in Appendix I to Report PLN 08.:.17, and that staff be authorized to finalize and forward an implementing Zoning By-law Amendment to Council for enactment. Carried 2. Director, City Development & CBO, Report PLN 09-17 Draft Plan of Subdivision Application SP-2014-01 Draft Plan of Condominium Application CP-2014-01 Zoning By-law Amendment Application A 01/14 Lebovic Enterprises Limited and 1320991 Ontario Ltd. Part of Lots 18 and 19, Con. 3 and Part of Lots 4,5,7 and 8, R.P. 585 2610, 2630, 2650 and 2663 Brock Road Recommendation Moved by Mayor Ryan Seconded by Councillor Butt 4 21 22 -C~o~­ Pl(KERlNG Planning & Development Committee Meeting Minutes Monday, May 8, 2017 7:00 pm -Council Chambers Chair: Councillor Brenner 1. That the Ontario Municipal Board be advised that the City of Pickering supports Draft Plan of Subdivision Application SP-2014-01, submitted by Lebovic Enterprises Limited and 1320991 Ontario Ltd., on lands being Part of Lot 19, Con. 3 and Part of Lots 4, 5, 7 and 8, R.P. 585, to establish two blocks for residential development for a total of 144 units, a block for future development and two blocks for a local road, and that the Ontario Municipal Board grant draft plan approval of the draft plan, subject to the recommended draft conditions as set out in Appendix I to Report PLN 09-17; 2. That the Ontario Municipal Board be advised that the City of Pickering supports Zoning By-law Amendment Application A 01/14, submitted by Lebovic Enterprises Limited and 1320991 Ontario Ltd., to implement the Draft Plan of Subdivision SP-2014-01 and to facilitate a residential condominium development, and that the Ontario Municipal Board approve the zoning by-law amendment set out in Appendix II to Report PLN 09-17; 3. That the Director, Corporate Services & City Solicitor and staff be authorized to attend the Ontario Municipal Board Pre-Hearing Conference on May 23, 2017, and any subsequent hearings, to support Draft Plan of Subdivision Application SP-2014-01 and Zoning By-law Amendment Application A 01/14 as endorsed by Council; and 4. That the Director, Corporate Services & City Solicitor be authorized to sign Minutes of Settlement which include the proposed Zoning By-law Amendment and Conditions of Draft Plan Approval on the City's behalf, subject to such other revisions as are acceptable to the Director, Corporate Services & City Solicitor. Carried (IV) Adjournment The meeting adjourned at 7:55 pm. 5 -C:f;;of- lCKERJ G Delegations 1. MPP Tracy MacCharles Re: Provincial Budget Update 2. Peter Bashaw, Community Member Dan Hughes, Community Member Accessibility Advisory Committee Re: 2016 Year End Report & 2017 Work Plan [Refer to Corr. 59-17] May 15, 2017 23 Pl May 15, 2017 Correspondence Pages 1. Corr. 59-17 Tim Higgins Accessibility Coordinator City of Pickering Receive for Information Correspondence received from Tim Higgins, Accessibility Coordinator, City of Pickering, submitting the 2016 Year End Report and 2017 proposed Work Plan on behalf of the Accessibility Advisory Committee. 24 26 • Canada 150 grant submission for accessibility renovations at Dr. Tomlinson Community Centre in Claremont. • Pickering Rouge CanoE? Club grant submission for accessible development of the Rotary Frenchman's Bay West Park. • Pickering Soccer Club grant submission to provide accessibility training for recreational . professionals. The AAC supported the following award nominations: • Nomination for the David C. Onley Leadership in Accessibility Award with respect to the recently completed Delaney Arena accessibility enhancements • Three Civic Awards nominations for accessibility. During the Civic Awards ceremony on May 30th, the Access Award was presented to two of these nominees-the Pickering Soccer Club and Dentistry on Liverpool. • In an awards ceremony held at Queen's Park on June 1, 2016, the Durham Regional Police Services (DRPS) accepted the 2016 D.C. Onley Award for Leadership in Accessibility on behalf of the partnership comprised of DRPS, the City of Pickering, the Campbell Children's School, the Grandview Children's Centre and the March of Dimes. Awareness Activities • Presented 2015 accessibility accomplishments and 2016 plan to City Council identifying priorities for the new year. This presentation provided an opportunity for an exchange of information and ideas on the status of Accessibility within the community and how it may be improved for the benefit of all of the City's residents. • AAC members attended various City events such as the Seniors Active Living Fair, Your City/ArtFest, Pickering 101, Rib Fest, Canada Day, and the Durham Regional Police Children's Games to profile the City's accessibility accomplishments, raise awareness of accessibility issues within the community, and consult with the public on accessibility. • Developed activities and displays to engage and involve members of the publi.c; for example, updated and published three accessibility brochures: o "Accessibility for Residential Developers" -for developers and builders to encourage creation of accessible homes and developments within the City of Pickering. o "Accessible Pickering-Working Together to Ensure Access for All". o "Pickering Accessibility Advisory Committee". • Provided accessibility updates to the .City's website. • Developed activities and displays to engage and involve members of the public; for example, a children's train at Canada Day profiled the new network of accessible pathways at Kinsmen Park. • Held first Disability Tax Clinic in April 2016, in partnership with the Pickering Public Library. The successful event is planned to continue as an ·annual event. May 10, 2017 Page 2 of 7 Accessibility Advisory Committee 2016 Year End Report and 2017 Proposed Work Plan Policies, Standards and Implementation • Monitored the progress of the proposed new accessible parking by-law. Participated in and helped shape the design of the public consultation process. Provided leadership, advice, and support to the consultation on the new accessible parking by-law and reviewed the analysis of the consultation .feedback, as well as the new draft by-law. • Revievyed new standard operating procedures, checklists and staff training program prepared by City staff to ensure compliance with the Accessibility Standards for the Built Environment. The checklists were designed to go beyond AODA requirements to integrate other relevant standards such as those from GSA, and to recognize best (successful) practices. · • Reviewed City's new standard operating procedures with respect to recreation programs. • Provided advice on Canada Day planning with respect to: o accessibility enhancements to the new Kinsmen Park pathway system o temporary accessible parking o accessible bus routes o accessible washrooms • Provided advice on park development project for a splash pad in Amberlea Park. • Reviewed plans and toured major City renovation projects such as Delaney Arena and Council Chambers to provide timely accessibility advice. • Conducted regular informal audits of City facilities to provide recommendations for . improved accessibility and compliance with standards; for example, curb cuts, special event accessible parking, and washrooms. • Participated in the OMSSA, Promoting a Culture of Accessibility and Inclusion Conference, on December 5th at the Toronto Chelsea Hotel. • Reviewed implications of partial repeal of Ontarians with Disabilities Act, 2001 (ODA). • Identified and documented opportunities for accessibility improvement with respect to curbs, sidewalks and tactile plate installation. • Identified opportunities to improve accessible taxi-cab compliance, safety and cleanliness. • Reviewed the City's response to the Accessibility Directorate of Ontario (the Regulator) inquiry with respect to the City's 5 year plan for accessibility and requesting evidence to confirm Pickering's AODA compliance. • Reviewed correspondence with respect to a need for closed captioning of Council meetings across Durham Region. • Reviewed an outline of plans for the Seaton development with respect to accessibility. • Reviewed an overview of the new accessibility amendments to Ontario's Building Code as of January 2015. • Reviewed City's tactile warning plate standards. • Reviewed draft standards to ensure the successful integration of applicants with disabilities requiring accommodations to participate effectively in recreational programs, and to enable staff to determine reasonable accommodations. May 10, 2017 Page 3 of 7 Accessibility Advisory Committee 2016 Year End Report and 2017 Proposed Work Plan 27 28 • Reviewed Accessible Customer Service Standard changes. • Monitored new staff and volunteer training process. Investigated accessibility innovations for potential use in Pickering; for example, "PingStreet" and "Access Now" apps; and, TTY alternatives. Collaboration • AAC monitored Regional AAC minutes and attended Regional and Provincial learning and networking opportunities; for example, Metrolinx consultation, ONAP conferences, Durham Region Accessibility forums·, etc. • AAC met jointly with Pickering's Accessibility Core Staff Team to team-build. • Informed City discussions regarding the creation of a centre of excellence in waterfront accessibility at Rotary Frenchman's Bay West Park. • Worked to develop a robust partnership for accessibility training/education with the Pickering Soccer Club to help engage families to actively participate. • Identified opportunities for more harmonious communication and collaboration among the Province, Region and City regarding ownership and responsibility for sidewalks and other infrastructure. • Held accessible housing dialogue. • Received a presentation from a Rouge National Park I Altona Forest representative to consider potential accommodations to improve accessibility in rugged outdoor areas such as a photograph repository. Site Plan Application Reviews • Worked with City staff through the site plan application review process to encourage the integration of accessrbility considerations into the City's planning processes. • Reviewed 13 site plan applications, provided accessibility advice and comments, and monitored developers' responsiveness to the Committee's recommendations. 2017 Proposed Work Plan The Accessibility Advisory Committee will continue to strive to provide information and recommendations for Council that are proactive and place Pickering at the forefront of accessibility in the Province. The Committee will consult, collaborate, and enhance inclusion through accessibility in the City of Pickering. The Accessibility Advisory Committee plans to meet on the second Wednesday of each month, with the exception of July and August. The Committee plans to continue: May 10, 2017 Page 4 of 7 Accessibility Advisory Committee 2016 Year End Report and 2017 Proposed Work Plan Awareness Activities · • Present 2016 accessibility accomplishments and 2017 plan to City Council identifying priorities for the new year. This presentation provides an opportunity for an exchange of information and ideas on the status of Accessibility within the community and how it may be improved for the benefit of all of the City's residents. • Attend City events for 2017 such as the Seniors Active Living Fair, Pickering 101, Your City/ArtFest, the Canada 150 Confederation Journey Youth Fair, Rib Fest, and Canada Day to raise awareness of accessibility achievements and issues within the community. • Provide ongoing advice and support, and staff a booth with an engaging display and questionnaires for the Canada 150 Youth Forum: A Confederation Journey (1867- 2067). This one.:day event celebrates Canada's 150th birthday during National Youth Week, for youth ages 13-19, at the Pickering Recreation Complex. Thematically, the Canada 150 Youth Forum has been designed from the top down to pervasively model excellence in accessibility and inclusion. It aims to actively engage and motivate youth to think well beyond AODA compliance, and challenge them to stretch to envision the fully accessible and inclusive future of Pickering, Ontario and Canada. • Attend and make a presentation at Region of Durham Accessibility Advisory Committee web accessibility forum on Friday, April 21, 2017. P. D'lntino, representing the City of Pickering, provided a keynote address on IT issues and access to web- based information. • Attend and provide input to inform imminent national accessibility legislation at the Accessible Canada Consultation hosted by the Federal Government on February 81h at the Toronto Chelsea Hotel. • In partnership with the Pickering Public Library, AAC will continue to provide tailored tax clinic support for persons with disabilities. • Foster/promote/support submissions for local, regional and provincial awards and grants to profile Pickering's accessibility achievements and commitment. To date: o Supported D.C. Onley Accessibility Leadership Award nomination for Delaney arena renovations o Supported OMSSA Accessibility Leadership Award regarding the Canada 150 Youth Forum: A Confederation Journey (1867-2067) o Supported two civic accessibility award nominations. • Attended Pickering's accessibility presentation to a six-person delegation from the People's Republic of China on January 18, 2017 to provide a resident's perspective on accessibility progress and opportunities for improvement. • Coordinate/author a periodic series of press releases on behalf of the Accessibility Advisory Committee to promote Pickering's accessibility-related events, accomplishments and challenges. Policies, Standards and Implementation • Review and provide input to the City of Pickering's Recreation & Parks Master Plan. May 10, 2017 Page 5 of 7 Accessibility Advisory Committee 2016 Year End Report and 2017 Proposed Work Plan 29 30 • Monitor and provide proactive accessibility advice regarding Pickering's new Operation Centre planning and implementation. • Conduct informal audits of City facilities and infrastructure to provide advice to improve accessibility; for example, with respect to curb cuts, tactile plates, etc. • Provide advice on Canada Day preparations including: extended enhancements to Kinsmen Park pathway system; management of temporary accessible parking; accessible bus routes/stops; and, washrooms. • Review City plans and tour the City capital projects such as the Council Chambers and the Operations Centre renovations to provide timely accessibility advice. • Monitor and provide accessibility advice regarding walkway reconstructions, sidewalk retrofits, installation of tactile plates at intersections, as well as multi-use paths. • Monitor new staff and volunteer training process. • Attend Human Rights, Ableism training session April 27th organized by The Human Rights Commission, the Region of Durham and Trent University. • Attend June 1st webcast of Accessibility Directorate of Ontario Forum. Collaboration • Host MPP Tracy MacCharles, the Minister Responsible for Accessibility at an MC meeting to seek to understand the current accessibility goals and priorities of the Province, and to establish mutually supportive relationships. • Host discussions with Durham Region Transit regarding new standards for specialized accessibility seNices and the DRT specialized seNices appeal process. • Collaborate and consult with regional and provincial accessibility professionals and advocates, such as the Ontario Network of Accessibility Professionals (ONAP) to stay abreast of emerging issues and best (successful) practices. • Monitor Regional MC minutes and attend Regional, Provincial, and Federal learning and networking opportunities; for example, Metrolinx consultation, ONAP conferences, Durham Region Accessibility training and development, Federal Accessibility consultations, etc. • Foster accessible housing dialogues, potentially including developers and builders to explore what Pickering can do to set itself apart in accessible real estate development, and how partnerships can be used to influence developers and builders to further embrace accessibility. • Consult with the Toronto Region ConseNation Authority (TRCA), Parks Canada and Altona Forest representatives to consider innovative methods of providing access to rugged, natural outdoor spaces. • Monitor emerging legislation, regulations, standards, and polices from the Ontario and Federal Governments, particularly with respect to employment-related accessibility. • Hold an MC meeting at the Pickering Soccer Club to focus on reasonable accessibility accommodations in the context of sports and recreation programs, and to build strategic accessibility partnerships. · May 10, 2017 Page 6 of 7 Accessibility Advisory Committee 2016 Year End Report and 2017 Proposed Work Plan • Provide advice and support to the City of Pickering's first regionally-seeped camp staff training all-day workshop, as part of the City of Pickering's Summer Camp Accessibility initiative. • Provide input to the TRCA regarding its proposed barrier-free outdoor learning space at Claremont Field Centre. • Provide ongoing support for accessibility-themed funding and award submissions. Site Plan Application Reviews • Work with City staff through the Site Plan Application Review process to encourage the proactive integration of accessibility considerations into the planning process. • Advise with respect to new developments aimed at achieving an integrated and inclusive community, by complying with the Accessibility for Ontarians with Disabilities Act 2005, applying national and international best (successful) practices, and where possible, creatively exceeding minimum requirements ofOntario law. • Provide accessibility advice on continuing development of Kingston Road as the main street of Pickering. Encourage proactive dialogue regarding the CNR overpass where modifications will be needed to permit barrier-free pedestrian access. Submitted on behalf of the current Pickering Accessibility Advisory Committee: Peter Bashaw, Pickering Accessibility Advisory Committee Member Andrew Doucette, Pickering Accessibility Advisory Committee Member Bianca D'Souza, Pickering Accessibility Advisory Committee Member Edward Fulton, Pickering Accessibility Advisory Committee Member Daniel Hughes, Pickering Accessibility Advisory Committee Member Vincenza Ronaldi, Pickering Accessibility Advisory Committee Member Megan Thorpe Ross, Pickering Accessibility Advisory Committee Member Jeannette Whynot, Pickering Accessibility Advisory Committee Member Susan Wilkinson, Pickering Accessibility Advisory Committee Member David Wysocki, Pickering Accessibility Advisory Committee Member Steve Bernardo, Ajax-Pickering Board of Trade Representative TH:th May 10, 2017. Accessibility Advisory Committee 2016 Year End Report and 2017 Proposed Work Plan Page 7 of 7 31 May 15,2017 Committee Reports a) Report EC 2017-05 of the Executive Committee Executive Pages 1. Director, City Development & CBO, ReportPLN 06-17 City of Pickering 1-8 2. Durham Community Climate Adaptation Plan Recommendation 1. That Council approves the Durham Community Climate Adaptation Plan in principle; 2. That Council authorizes staff to participate in the Working Groups being established by the Region of Durham to develop the 18 proposed Programs as part of Phase 3: Program Approval and Funding; 3. That Council authorizes staff to participate in the development of a Reporting Framework for joint tracking of the Programs in the Durham Community Climate Adaptation Plan; and 4. That the City Clerk forward a copy of Report PLN 06-17 to the Region of Durham. Director, Community Services, Report CS 08-17 Tender for Pickering Civic Complex Roof Repairs -Tender No. T-1 0-2017 Recommendation 9-19 1. That Tender No. T-10-2017 submitted by Foran's Roofing and & Sheetmetal Limited in the amount of $499,460.00 (HST included) be accepted; 2. That the total gross project cost of $578,560.00 (HST included), including the amount of the tender, and other associated costs, and the total net project cost of $521,011.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the projects as follows: a) the sum of $520,000.00, as provided for in the 2017 Civic Complex Capital Budget be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed 15 years; 32 33 3. b) the balance amount of $1,011.00 to be funded from property taxes; c) the annual repayment charges in the amount of approximately $45,960.00 be included in the annual Current Budget for the City of Pickering commencing 2017, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid, and any financing cost to be paid out of the Current Budget; d) the Treasurer be authorized to make any changes, ·adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 4. That the draft by-law attached to this report be enacted; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Director, Finance & Treasurer, Report FIN 07-17 2016 Building Permit Stabilization Reserve Fund Recommendation 20-22 1. That Report FIN 07-17 of the Director, Finance & Treasurer be approved; and: a) That Council authorize a transfer of $80,173 to the Building Permit Stabilization Reserve Fund (Account #7506); and b) That Council authorize a transfer of $80,173 from the Building Permit Stabilization Reserve Fund to the Rate Stabilization Reserve (Account #7021 ). 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 4, Director, Finance & Treasurer, Report FIN 08-17 23-30 2017 Tax Rates and Final Tax Due Dates for all Realty Tax Classes, Except for Commercial, Industrial and Multi-Residential Realty Classes Recommendation 1. That Report FIN 08-17 of the Director, Finance & Treasurer regarding the 2017 tax rates be received; 2. That the 2017 tax rates for the City of Pickering be approved as contained in Schedule A of the By-law attached hereto; 3. That the tax levy due dates for the Final Billing be June 28, 2017 and September 28, 2017 excluding the industrial, multi-residential and commercial realty tax classes; 5. 6. 4. ·That for the year 2017, the City shall levy upon designated Universities and Colleges an annual tax at the prescribed amount for each full-time student enrolled in the University or College, as determined by the Minister of Training, Colleges and Universities, payable on or after July 1st ; 5. That the attached By-law be approved; 6. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and, 7. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Director, Finance & Treasurer, Report FIN 09-17 31-33 Section 357/358 of the Municipal Act-Adjustment to Taxes Recommendation 1. That the write-off of taxes as provided for in Attachment 1, in accordance with Sections 357/358 of the Municipal Act, 2001 be approved; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Finance & Treasurer, Report FIN 10-17 Commodity Price Hedging Agreements Report Recommendation 34-37 It is recommended that Report FIN 10-17 from the Director, Finance & Treasurer regarding commodity price hedging agreements be received for information. 34 May 15, 2017 Committee Reports b) Report PD 2017-04 of the Planning & Development Committee Pages 1. Director, City Development & CBO, Report PLN 08-17 Zoning By-law Amendment Application A 08/16 Icon Dunfair Limited Part of Lot 29, Range 3 BFC 1464 and 1466 Whites Road Recommendation 20-31 That Zoning By-law Amendment Application A 08/16, submitted by Icon Dunfair Limited, to facilitate a residential condominium development consisting of 92 stacked back-to-back townhouse units on lands being Part of Lot 29, Range 3 BFC, be endorsed subject to the provisions contained in Appendix I to Report PLN 08-17, and that staff be authorized to finalize and forward an implementing Zoning By-law Amendment to Council for enactment. 2. Director, City Development & CBO, Report PLN 09:-17 32-71 Draft Plan of Subdivision Application SP-2014-01 Draft Plan of Condominium Application CP-2014-01 Zoning By-law Amendment Application A 01/14 Lebovic Enterprises Limited and 1320991 Ontario Ltd. Part of Lots 18 and 19, Con. 3 and Part of Lots 4,5,7 and 8, R.P. 585 2610, 2630, 2650 and 2663 Brock Road Recommendation 1. That the Ontario Municipal Board be advised that the City of Pickering supports Draft Plan of Subdivision Application SP-2014-01, submitted by Lebovic Enterprises Limited and 1320991 Ontario Ltd., on lands being Part of Lot 19, Con. 3 and Part of Lots 4, 5, 7 and 8, R.P. 585, to establish two blocks for residential development for a total of 144 units, a block for future development and two blocks for a local road, and that the Ontario Municipal Board grant draft plan approval of the draft plan, subject to the recommended draft conditions as set out in Appendix I to Report PLN 09- 17; 2. That the Ontario Municipal Board be advised that the City of Pickering supports Zoning By-law Amendment Application A 01/14, submitted by Lebovic Enterprises Limited and 1320991 Ontario Ltd., to implement the Draft Plan of Subdivision SP-2014-01 and to facilitate a residential 35 36 condominium development, and that the Ontario Municipal Board approve the zoning by-law amendment set out in Appendix II to Report PLN 09-17; 3. That the Director, Corporate Services & City Solicitor and staff be authorized to attend the Ontario Municipal Board Pre-Hearing Conference on May 23, 2017, and any subsequent hearings, to support Draft Plan of Subdivision Application SP-2014-01 and Zoning By-law Amendment Application A 01/14 as endorsed by Council; and 4. That the Director, Corporate Services & City Solicitor be authorized to sign Minutes of Settlement which include the proposed Zoning By-law Amendment and Conditions of Draft Plan Approval on the City's behalf, subject to such other revisions as are acceptable to the Director, Corporate Services & City Solicitor. May 15, 2017 New and Unfinished Business Pages 1. Director, Community Services, Report CS 10-17 41-48 Quotation No. Q-24-2017 2. -Quotation for the Supply and Delivery of one 4 Ton Dump Truck with Snow Plow and Wing and one 5 Ton Dump Truck with Snow Plow and Wing Recommendation 1. That Quotation No. Q-24-2017, submitted by Tallman Truck Centre Ltd. in the total amount of $535,893.34 (HST included), be accepted; 2. That the total gross project cost of $539,848.00 (HST included) and the total net project cost of $486,150.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost as follows: a) the sum of $234,000.00 to be financed by an internal loan for a term of 5 years and the balance of $474.00 from property taxes; b) the sum of $251,676.00 to be funded from a transfer from the Vehicle Replacement Reserve and; 4. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Director, Engineering Services Report ENG 03-17 Consulting Services for Class Environmental Assessment and Detailed Design Services for the Walnut Lane Extension Kingston Road to Liverpool Road Recommendation 49-56 1. That Council approve the hiring of AECOM Canada Ltd. for the Class Environmental Assessment and Detailed Design Services for the Walnut Lane Extension (Kingston Road to Liverpool Road) in accordance with Purchasing Policy 10.03 (c) as the assignment has a value above $50,000.00 and a competitive process is not being followed, and therefore is subject to additional Council approvals; 2. That the fee proposal dated April 25, 2017 submitted by AECOM Canada Ltd. for the Class Environmental Assessment and Detailed Design Services for the Walnut Lane Extension (Kingston Road to Liverpool 37 38 Road) for Tasks 1 to 5 in the amount of $54 7, 784.45 (HST included) be accepted; 3. That the total gross project cost of $512,171.00 (HST included), including the proposal amount related to Tasks 1 to 3 only, and other associated costs, and the total net project cost of $461,226.00 (net of HST rebate) be accepted; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $461,226.00 as follows: a) The sum of $62,500.00 as approved in the 2017 Capital Budget- Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; b) The sum of $187,500.00 as approved in the 2017 Capital Budget- Development Projects to be funded by a transfer from the Development Charges Roads & Related Reserve Fund; c) The additional sum of $52,807.00 required to offset the shortfall from the Development Charges City's Share Reserve be funded by a front funding arrangement with 2531751 ONTARIO INC., the owner of the lands at the northwest corner of Liverpool Road and Highway 401; d) The additional sum of $158,419.00 required to offset the shortfall from the Development Charges Roads & Related Reserve be funded by a front funding arrangement with 2531751 ONTARIO INC.; 5. That the funds required for Tasks 4 and 5 in the amount of $96,556.24 (HST included) and any required associated costs be included with the cost of construction in the appropriate year and be subject to approval through the future year's Capital Budget process; 6. That the amount front funded pursuant to Recommendations 4 (c) and (d) above be reimbursed to 2531751 ONTARIO INC. upon issuance of a building permit on the affected lands at the northwest corner of Liverpool Road and Highway 401 that meet the requirements under the City Centre Zoning By-law 7553/17; 7. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 3. Director, Engineering Services, Report ENG 08-17 57-69 Sixth Concession Road -Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road Tender No. T-6-2017 Recommendation 1. That Tender No. T -6-2017 Sixth Concession Road -Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road, as submitted by Wyndale Paving Co. Ltd. in the total tendered amount of $1,417,109.16 (HST included) be accepted; 2. That the total gross project cost of $1,713,400.00 (HST included), including the tendered amount and other associated costs, and the total net project cost of $1,542,970.00 (net of HST rebate) be approved; 3. That Council authorizes the Director, Finance & Treasurer to finance the net project cost in the amount of $1,542,970.00 as follows: a) the sum of $1,540,000.00 as provided for in the 2016 Roads Capital Budget be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten years;. b) the sum of $2,970.00 to be funded from property taxes; c) the annual repayment charges in the amount of approximately $185,200.00 be provided for in the annual Current Budget commencing in 2017 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; d) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 4. That the draft by-law attached to this report be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4. Director, Corporate Services & City Solicitor, Report LEG 04-17 70-88 Proposed Sale of Lands in Duffin Heights to Madison Communities Limited Recommendation 1. That the Agreement of Purchase and Sale between The Corporation of the City of Pickering as Vendor and Madison Communities Limited as Purchaser, included as Attachment No. 1 hereto, be approved; 39 5. 40 2. That the Mayor and City Clerk be authorized to execute the said Agreement of Purchase and Sale subject to minor revisions acceptable to the Chief Administrative Officer and the Director, Corporate Services & City Solicitor; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Director, Corporate Services & City Solicitor, Report CLK 02-17 City Procedure ADM 170-001 -Corporate Resources for Election Purposes Recommendation 89-97 1. That the attached draft City Procedure, ADM 170-001, Corporate . Resources for Election Purposes as required by the Municipal Elections· Act amendments, be approved; and 2. That City Policy, ADM 190, Council Compensation Policy, be revised as follows: a) Section 13.01 shall be amended to allow for a constituent communications budget of $4,000.00 for the fourth year for website expenditures and constituent communications; b) Section 13.01 (f) shall be amended to read "in the fourth year of a term of office, all communications must be delivered to the mailing address by April 30th in order to be reimbursed by the City"; and c) Section 15.02 shall be amended to read "in an election year, the following conditions shall apply effective May 1st''. 42 cs 10-17 Subject: Quotation No. Q-24-2017 May 15, 2017 Page 2 Evaluation Committee, meets the required specifications and is recommended for approval. In accordance with Purchasing Policy Item· 06.11 (c), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is over $250,000.00, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Financial Implications: 1. Quotation Amount 4 Ton Dump Truck with Snow Plow and Wing 5 Ton Dump Truck with Snow Plow and Wing Subtotal HST (13%) Total Gross Quotation Cost 2. Estimated Project Costing Summary Quotation No. Q-24-2017 Licences (2 vehicles) Total project cost (excluding taxes) HST (13%) Gross Project Cost HST Rebate (11.24%) Total Net Project Cost 3. Approved Source of Funds-2017 Fleet Vehicles Capital Budget Description Account Code Source of Funds Available Budget 4 Ton Dump Truck 5319.1705.6158 Internal Loan-5 $260,000.00 with Snow Plow Year and Wing 5 Ton Dump Truck 5319.1704.6158 Vehicle 270,000.00 with Snow Plow Replacement and Wing Reserve Total Funds S53o,ooo.oo $228,668.81 245,573.08 $474,241.89 61,651.45 $535.893.34 $474,242.00 3,500.00 $477,742.00 62,106.00 $539,848.00 (53,698.00) $486.150.00 Required $234,474.00 251,676.00 S486,15o.oo cs 10-17 May 15, 2017 Subject: Quotation No. Q-24-2017 Page 3 Net Project Cost under (over) Approved Funds . $43,850.00 Discussion: The Public Works Section within the Co.mmunity Services Department currently utilizes eleven 4 Ton Dump Trucks and four 5 Ton Dump Trucks. The replacement of one 4 Ton Dump Truck (unit# 053, a 2005 International) and one 5 Ton Dump Truck (unit# 056, a 2008 Sterling) was approved in the 2017 Fleet Vehicles Capital Budget. An Evaluation Committee consisting of Public Works staff met on April 25, 2017 and each committee member evaluated the quotations based on the rated criteria. A combined average score for each quotation was determined as part of Stage II of the evaluation process. After careful review of all submissions received, Public Works staff recommends acceptance of the Quotation No. Q-24-2017 submitted by Tallman Truck Centre for one 2018 International 7400 SBA4 Ton Dump Truck with Snow Plow and Wing in the amount of $228,669.00.00 (HST extra) and one International 7400 SBA 5 Ton Dump Truck with Snow Plow and Wing in the amount of $245,573.00 (HST extra) and that the total net project cost of $486,150.00 (net of HST rebate) be approved. Attachments: 1. Supply & Services Memorandum dated April 19, 2017 2. Supply & Services Memorandum dated April 28, 2017 43 -04bi- PlCKER1NG emo To: Marisa Carpino April 28, 2017 From: Copy: Director, Community SeJYices Vera A. Felgemacher Manager, Supply & Services Administrative Assistant, CommunitY Services Supervisor, Supply & Services Subject: Quotation No. Q-24-2017 Supply & Delivery of One New Latest Model Four Ton Dump Truck with Snow and Wing One New Latest Model Five Ton Dump Truck with Snow Plow and Wing Closing: Tuesday, April18, 2017 at 12:00 Noon. File: F-5300-001 Further to the memo dated April19, 2017, Two (2) quotations proceeded to Stage ll evaluation. A summary of the Stage II and Ill evaluation results for each quotation is attached. Tallman Truck Centre is the top ranked respondent with a submitted price of $474,241.89 (HST Excluded) Delivery times provided by each respondent are also indicated on the attached spreadsheet A budget of $530,000.00 was provided to Supply & Services for this procurement In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as setout below excludes HST. In accordance with Purchasing Policy, Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is.: (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, GAO and Council. Please provide your recommendation in report form, as well as an on-line requisition. Please direct all enquiries to Supply & Services. Respondents will be advised in due course. 47 48 If you require further information or assistance, do not hesitate to contact me or a member of Supply & Services. c \ ' ~ : \ ~~~ \ / I ~ ~, ---<JAF.gb ~ Attachments ( 1) Page 2 of2 ENG 03-17 Subject: Consulting Services for Class Environmental Assessment and Detailed Design Services for the Walnut Lane Extension (Kingston Road to Liverpool Road) May 15, 2017 Page 2 5. That the funds required for Tasks 4 and 5 in the amount of $96,556.24 (HST included) and any required associated costs be included with the cost of construction in the appropriate year and be subject to approval through the future year's Capital Budget process; 6. That the amount front funded pursuant to Recommendations 4 (c) and (d) above be reimbursed to 2531751 ONTARIO INC. upon issuance of a building permit on the affected lands at the northwest corner of Liverpool Road and Highway 401 that meet the requirements under the City Centre Zoning By-law 7553/17; 7. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: As part of the 2017 Capital Budget-Development Projects, the Walnut Lane Extension Class Environmental Assessment and Detailed Design was approved as a project. Request for Proposal No. RFP-13-2016 was issued on December 15, 2016 and closed on January 24, 2017. The Evaluation Committee reviewed and evaluated the six proposals received using criteria outlined in the Terms of Reference. However since all the proposals submitted substantially exceeded the available budget, the proposal call was cancelled and the respondents were notified of such on March 2, 2017. As this project and the construction of the proposed road affects future development lands at the northwest corner of Liverpool Road and Highway 401, and previously developed lands further west, south of Kingston Road, which are all owned by 2531751 ONTARIO INC., they were advised of the project cancellation. In consultation with 2531751 ONTARIO INC. after the project was cancelled, they offered to front fund the amount that exceeds the budget as long as the City agrees to reimburse them upon building permit issuance on the affected lands. City staff are acceptable to this position but under the condition that the building permit that triggers the reimbursement meets the requirements of the City Centre Zoning By-law 7553/17. A letter to this effect has been received from 2531751 ONTARIO INC. and is included as Attachment #2. Based on the above, City staff negotiated a revised proposal from AECOM Canada Ltd. who was the consultant that submitted the highest scoring proposal through RFP-13-2016. In accordance with City Purchasing Policy section 10.03 c), where a competitive process is not followed, the Director initiating the assignment shall require Council approval to engage the services of a particular consultant. The Director, Engineering Services is recommending Council approval to retain AECOM Canada Ltd. for this assignment. Due to funding restraints, the initial project award will consist of Tasks 1, 2 and 3 outlined in AECOM Canada Ltd.'s proposal at this time. Tasks 4 and 5 relate to project tendering, construction inspection and contract administration, therefore the fee proposal is accepted but will be funded in a future year along with construction. CORP0227-07/01 revised 50 ENG 03-17 Subject: Consulting Services for Class Environmental Assessment and Detailed Design Services for the Walnut Lane Extension (Kingston Road to Liverpool Road) Financial Implications: 1. Proposal Amount Proposal from AECOM Canada Ltd. dated April 25, 2017 Walnut Lane Extension Class Environmental Assessment and Detail Design HST (13%) Total 2. Estimated Project Costing Summary Proposal (Tasks 1, 2, and 3 only) Associated Costs Contingency (1 0%) Toronto and Region Conservation Authority Class EA Review Cost Sub Total-Costs HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Cost 3. Approved Source of Funds Expense Code 5321.1703.6251 5321.1703.6251 Additional Funds Required Total Funds Source of Funds DC City's Share Reserve DC Roads & Related Reserve Fund I Net project costs (over) under approved funds Budget $62,500.00 187,500.00 0.00 $250,000.00 May15,2017 Page 3 $484,765.00 63,019.45 $547,784.45 $399,317.00 39,932.00 $14,000.00 $453,249.00 58,922.00 $512,171.00 (50,945.00) $461,226.00 Required $62,500.00 187,500.00 211,226.00 $461,226.00 C$211,226.oo) I The additional funds required will be provided by 2531751 ONTARIO INC. through a front funding agreement. The repayment to 2531751 ONTARIO INC. is at the building permit stage and this condition is reflected in Recommendation 6. CORP0227-07/01 revised 51 ENG 03-17 ·Subject: Consulting Services for Class Environmental Assessment and Detailed Design Services for the Walnut Lane Extension (Kingston Road to Liverpool Road) May 15, 2017 Page 4 Discussion: The 2017 Capital Budget-Development Projects included $250,000.00 for the completion of the Walnut Lane Extension Class Environmental Assessment and Detailed Design. Walnut Lane is a north-south collector roadway, under the jurisdiction of the City of Pickering. It is a two lane urban cross section road that connects Glenanna Road to Kingston Road. South of Kingston Road it currently provides driveway access to a private commercial development complex, including Home Depot, Shoppers Drug Mart, Michaels, restaurants, and offices. The driveway consists of two through lanes and one northbound left turn lane. Growing traffic volumes and future potential development in the area has triggered the need for the extension of Walnut Lane as a public roadway from Kingston Road to Liverpool Road, on the south side of Kingston Road. A consultant is required to carry out the Class Environmental Assessment (EA) and Preliminary Design for the extension of Walnut Lane (including the structure over Pine Creek) from Kingston Road to Liverpool Road (as shown on the location map Attachment #1), and also complete a Detailed Design package including detailed design drawings and tender specification documents for the road extension and the structure. The consultant will also provide contract administration and field inspection during construction of the road and the structure over Pine Creek, at a future date subject to the required budget approval. As part of the EA, the consultant will be responsible to review all the possible transportation connections, including Walnut Lane to the Highway 401 Westbound off ramp at the existing signalized intersection at Liverpool Road, and Walnut Lane to Pickering Parkway at the existing signalized intersection at Liverpool Road, as an additional connection. The final detail design will be completed only for one option, depending on the EA recommendations. A Requestfor Proposal (RFP) for Consulting Services for the Walnut Lane Extension (Kingston Road to Liverpool Road) was issued RFP-13-2016 was issued on December 15, 2016 to obtain proposals to undertake the Class Environmental Assessment and Detail Design of the Walnut Lane Extension (Kingston Road to Liverpool Road). The RFP process closed on January 24, 2017, with six proposals submitted. The City received submissions from the following consulting firms: • AECOM Canada Ltd. • BT Engineering • Chisholm, Fleming & Associates • Morrison Hershfield Ltd. • R.J. Burnside • Stantec CORP0227-07/01 revised 52 ENG 03-17 May 15, 2017 Subject Consulting Services for Class Environmental Assessment and Detailed Design Services for the Walnut Lane Extension (Kingston Road to Liverpool Road) Page 5 The proposals were reviewed by the Evaluation Committee consisting of staff from the Engineering Services Department. Proposals were evaluated based on the consultant's experience on similar projects, their understanding of the project, proposed work plan and deliverables, project team overview, quality of their references, quality of their proposal and pricing. The proposal submitted by AECOM Canada Ltd. received the highest average score. The RFP process was cancelled as all the proposals that were submitted exceeded the budget for the project. As this project and the construction of the proposed road affects future development lands at the northwest corner of Liverpool Road and Highway 401, and previously developed lands further west, south of Kingston Road, which are all own~d by 2531751 ONTARIO INC., they were advised of the project cancellation. In consultation with 4531751 ONTARIO INC. after the project was cancelled, they offered to front fund the amount that exceeds the budget as long as the City agrees to reimburse them upon building permit issuance on the affected lands. City staff are acceptable to this position but under the condition that the building permitthat triggers the reimbursement meets the requirements of the City Centre By-law 7553/17. A letter to this effect has been received from 2531751 ONTARIO INC. and is included as Attachment #2. Based on the above, City staff negotiated a revised proposal from AECOM Canada Ltd. who was the consultant that submitted the highest scoring proposal through RFP-13-2016. In accordance with City Purchasing Policy section 10.03 c), where a competitive process is not followed, the Director initiating the assignment shall require Council approval to engage the services ofa particular consultant. The Director, Engineering Services is recommending Council approval to retain AECOM Canada Ltd. for this assignment. Due to funding restraints, the initial project award will consist of Tasks 1, 2 and 3 outlined in AECOM Canada Ltd.'s proposal at this time. Tasks 4 and 5 relate to project tendering, construction inspection and contract administration, therefore the fee proposal is accepted but will be funded in a future year along with construction. Attachments: 1. Location Map 2. Letter from 2531751 ONTARIO INC. regarding front funding commitment CORP0227 -07101 revised 53 --Cit; cf-~ PIC ERI G From: Richard Holborn Director, Engineering Services Report to Council Report Number: ENG 08-17 Date: May 15, 2017 Subject: Sixth Concession Road -Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road Tender No.T-6-2017 -File: A-1440 Recommendation: 1. That Tender No. T-6-2017 Sixth Concession Road-Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road, as submitted by Wyndale Paving Co. Ltd. in the total tendered amount of $1,417,109.16 (HST included) be accepted; 2. That the total gross project cost of $1,713,400.00 (HST included), including the tendered amount and other associated costs, and the total net project cost of $1,542,970.00 (net of HST rebate) be approved; 3. That Council authorizes the Director, Finance & Treasurer to finance the net project cost in the amount of $1,542,970.00 as follows: a) the .sum of $1 ,540,000.00 as provided for in the 2016 Roads Capital Budget be fi~anced by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten years; b) the sum of $2,970.00 to be funded from property taxes; c) the annual repayment charges in the amount of approximately $185,200.00 be provided for in the annual Current Budget commencing in 2017 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; d) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 4. That the draft by-law attached to this report be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 57 58 ENG·08-17 Subject: · Sixth Concession Road - Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road (Tender No. T-6-2017) May 15, 2017 Page2 Executive Summary: As part of the 2016 Road$ Capital Budget, Sixth Concession Road -Road Reconstruction and Storm Sewer Replacement, Greenwood Road to . Westney Road was approved as a construction project. Tender No. T-6-2017 Sixth Concession Road -Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road was issued on Tuesday, March 28, 2017 and closed on Wednesday, April19, 2017 with five bidders responding. The low bid submitted by Wyndale Paving Co. Ltd. is recommended for approval. The total gross project cost is estimated at $1,713,400.00 (HST included) and the total net project cost is estimated at $1,542,970.00 (net of HST rebate). Financial Implications: 1. ·Tender Amount Tender No. T-6-2017 HST (13%) Total Gross Tender Amount 2. Estimated Pro'ect Cost Summa Tender No. T-6-2017 for Sixth Concession Road-Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road Associated Costs Materials Testing Miscellaneous (Consultant fees, TRCA application fees, etc.) Project Contingency (18%) Sub Total HST (13%) Total Gross Project Cost HST Rebate (11.24%) Total Net Project Cost CORP0227 -07/01 revised $1,254,078.90 163,030.26 $1,417,109.16 $1,254,079.00 30,000.00 6,470.00 225,734.00 $1,516,283.00 197,117.00 $1 '713,400.00 (170,430.00) $1 ,542,970.00 ENG 08-17 Subject: Sixth Concession Road - Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road (Tender No. T-6-2017) 3. Approved Source of Funds -2016 Roads Capital Bud et Account Source of Funds Available 5320.1631.6250 Debt-10 Year Property Taxes Budget $1,550,000.00 0.00 May 15, 2017 Page 3 Required $1,540,000.00 2,970.00 Total Funds $1.550.000.00 $1.542.970.00 I Project Cost under (over) approved funds by $7,o3o.oo 1 Discussion: As part of the 2016 Roads Capital Budget, Sixth Concession Road-Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road was approved as a construction project. City staff have conducted public consultation with area residents since 2011 on this project, including distributing three consultation letters seeking design input. A Public Open House was held at Pickering Museum Village on Tuesday, November 29, 2016. Working concepts of the proposed design were on display during the Public Open House and Engineering Services staff were available to address any questions or concerns area residents may have regarding the project. City staff met with Toronto & Region Conservation Authority (TRCA) representatives on January 19, 2017 to discuss the permit requirements for this project. Ontario Regulation #166/06, Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Application applies to this project. City staff advised TRCA that this project will be completed in three phases. Phase 1-Sixth Concession Road, Greenwood Road to Westney Road. The works prop!)sed for 2017 includes the following: • full road reconstruction and urbanization • storm sewer replacement Initially, a sidewalk was proposed for the south side of the Sixth Concession Road from Greenwood Road to Westney Road, however, due to area resident's feedback opposing the installation following the Public Open House on November 29, 2016, the proposed sidewalk was rem~ved from this project. The scope of the works included in Tender No. T-6-2017 covers Phase 1 only. Debenture financing to be undertaken at this time is related to Phase 1 only. CORP0227-07/01 revised 59 60 ENG.OS-17 Subject: Sixth Concession Road - Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road (Tender No. T-6-2017) May 15, 2017 Page4 Phase 2 -Sixth Concession Road, Greenwood Bridge to Greenwood Road The works proposed include the following: • bridge deck rehabilitation • road reconstruction • storm sewer pipe and outfall replacement Phase 3-Sixth Concession Road, Greenwood Bridge to Westney Road. The works proposed include the following: • placement of the final lift of asphalt The timing of Phase 2 and Phase 3 works will be subject to future budget approvals which will be required to complete the detail design and approvals. The current Capital Forecast will be revised to reflect the proposed timing of Phase 2 and Phase 3. Tender No. T-6-2017 was issued on Tuesday, March 28, 2017 and closed on Wednesday, April19, 2017 with five bidders responding. The low bid submitted by Wyndale Paving Co. Ltd. is recommended for approval. References for Wynd ale Paving Co. Ltd. and list of sub-contractors have been reviewed and deemed acceptable by the Manager, Capital Projects & Infrastructure. The Waste Management Plan has been reviewed and deemed acceptable by the Manager, Capital Projects & Infrastructure. The Health & Safety Policy, and Certificate of Clearance issued by the Workplace Safety & Insurance Board, proof of Confined Space Entry Procedure and a list of employees trained in confined space entry procedure submitted by Wyndale Paving Co. Ltd. have been reviewed by the Coordinator, Human Resources, and deemed acceptable. The Certificate of Insurance has been reviewed by the Manager, Budgets & Internal Audit, and is deemed acceptable. In conjunction with staffs review of the contractor's previous work experience and the bonding available on this project, the tender is deemed acceptable. CORP0227-07/01 revised ENG 08-17 Subject: Sixth Concession Road - Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road (Tender No. T-6-2017) May 15, 2017 Page 5 Upon careful examination of all tenders and relevant documents received, the Engineering Services Department recommends acceptance of the low bid submitted by Wyndale Paving Co. Ltd. Inc. for Tender No. T-6-2017 in the amount of $1,417,109.16 (HST included), and that the total net project cost of $1,542,970.00 (net of HST rebate) be approved. Attachments: 1. Supply & Services Memorandum dated April 26, 2017 2. Record ofT enders Opened and Checked 3. Location Map 4. Being a by-law to authorize the Sixth Concession Road -Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road project in the City of Pickering and the issuance of debentures in the amount of $1 ,540,000.00. CORP0227-07/01 revised 61 70 --Cl~o~-­ PJCKERlNG From: Paul Bigioni Director, Corporate Services & City Solicitor Report to Council Report Number: LEG 04-17 Date: May 15, 2017 Subject: Proposed Sale of Lands in Duffin Heights to Madison Communities Limited File: L-4610-009-16 Recommendation: 1. That the Agreement of Purchase and Sale between The Corporation of the City of Pickering as Vendor and Madison Communities Limited as Purchaser, included as Attachment No. 1 hereto, be approved; 2. That the Mayor and City Clerk be authorized to execute the said Agreement of Purchase and Sale subject to minor revisions acceptable to the Chief Administrative Officer and the Director, Corporate Services & City Solicitor; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Madison Communities Limited ("Madison") has offered to purchase approximately 4.29 ha of land owned by the City within the Duffin Heights Neighbourhood. Madison's offer is contained within the Agreement of Purchase and Sale (the "Agreement") . included as Attachment No. 1 to this Report. City staff recommend that the City enter into the Agreement. Financial Implications: The Agreement provides that Madison shall pay to the City the purchase price of $23,000,00n. The closing date set out in the Agreement is May 26, 2017, and the purchase price must be paid to the City on that date. Discussion: The City is the owner of approximately 4.29 ha of land (the "Lands") suitable for mixed use development within the Duffin Heights Neighbourhood. Pursuant to Council's direction, City staff implemented a process whereby the City entertained offers to purchase the Lands. For that purpose, an Invitation to Submit Offer, together with detailed information concerning the Lands, was published and posted on the City's website. Of the various offers received, City. staff recommend that Council approve the offer submitted by Madison. The purchase price set out in Madison's Agreement is $23,000,000. This price compares favourably to the appraised value of the Lands. The closing date set out in Madison's Agreement is May 26, 2017, and the Agreement provides that the full balance of the purchase price will be paid to the City on the closing date. It is important to note that .the Agreement does not provide for vendor take back mortgage financing, so the full amount of the purchase price must be paid to the City on 72 ATTACHMENT#_/_TO REPORT# LE~ f .of. (~ Agreement of Purchase and Sale This Agreement made this 3 reX_ day of Mo-rC.V\ , 2017. Between: The Corporation of the City of Pickering hereinafter called the 'Vendor" and M o.O..~c;o o Co~Mvv=.v\~e.s k\~'" -\-e.d hereinafter called the "Purchaser" Article 1 Interpretation 1.1 Definitions. In this Agreement, unless the context otherwise requires, the terms in quotation marks which are set out below shall have the following respective meanings: (a) "Acceptance Date" means the date on which this Agreement of Purchase and Sale is fully executed by the Vendor and the Purchaser; (b) "Agreement" or "This Agreemenf' means this Agreement between the Vendor and the Purchaser and includes all schedules annexed hereto and forming part hereof; (c) "Authority" means any federal, provincial, regional, municipal or other governmental authority having jurisdiction and "Authorities" means any two or more·of any Authority; (d) "Business Day" means any day other than a Saturday, Sunday or statutory holiday in the Province of Ontario; · (e) "City" means The Corporation of the City of Pickering; (f) "Closing Date" means the date on which Closing occurs, which date shall be no later than May 26, 2017 unless extended in accordance with section 62 hereof and "Closing" means the completion of this Agreement in accordance with its terms; (g) "Deposit" mean that portion of the Purchase Price, payable by the Purchaser to the Vendor in accordance with sections 2.3 (a) and (b); (h) "Prime" shall mean the rate of interest charged by the Canadian Imperial o<f-tl- ATTACHMENT# I TO REPORT# ~ .of. 1 =t- Bank of Commerce for loans to its commercial customers in Toronto as at . the Closing Date; (i) "Purchase Price" means· the purchase price for the Real Property as set out in section 2.2; 0) "Real Property" means the lands described on Schedule "A" attached . hereto; (k) "Requisition Date" means the date that is 20 Business Days prior to the Closing Date; (Q "Utilities" shall mean electricity, local gas, telecommunications services, cable services and other utility services. 1.2 Headings. The division of this Agreement into separate Articles, Sections and Schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation ofthis Agreement 1.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and, except as herein stated and in the .instruments and documents to be executed and delivered pursuant hereto, contains all of the representations, warranties, and agreements of the respective parties with respect to the subject matter hereof. There are no verbal representations, undertakings or agreements of any kind between the parties except as set out herein. The Vendor's Invitation to Submit Offer for the Real Property does not form a part of this Agreement · 1.4 Severability. If any covenant, obligation or agreement of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such covenant, obligation or agreement to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby. Each covenant, obligation and agreement of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 1.5 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the applicable laws of Canada. 2 73 74 ATTACHMENT# ---I 3 TO REPORT# f_E; 9 D L(. _ ( f-- .of. 1 -:::;---. Article 2 Purchase and Sale 2.1 Purchase and Sale. The Purchaser hereby agrees to purchase from the Vendor and the Vendor hereby agrees to sell to the Purchaser the Real Property on the Closing Date on the terms and subject to the conditions herein contained, for the Purchase Price, subject to the adjustments as provided in this · Agreement. 2.2 Purchase Price. The Purchase Price for the Real Property shall be the sum of Dollars ($<93,~001 eoc.oq in lawful money of Canada. 1 \ll eM--i \"~ree. M \ \ hb\\ Do\\ o...r.S 2.3 Payment of Purchase Price. The Purchase Price shall be payable to the Vendor as follows: The Purchase Price shall be payable by: (a) certified cheque payable to the Vendor in the sum of · . Dollars ($1 1150100(:) .00) in lawful money of Canada representing 5% of the Purchase Price, as a Deposit, the prior receipt of which the Vendor hereby acknowledges; and (b) certified cheque on the Closing Date payable to the Vendor, in the further sum of Dollars ($ c;t 1, gSo .o0o · o o ) in lawful money of Canada representing the balance of the Purchase Price, subject to adjustments as provided herein. The Deposit is delivered to the Vendor pending completion or other termination of this Agreement and shall be credited to the Purchase Price on Closing. The Deposit shall be held by the Vendor in a non-interest bearing account. In the event this Agreement is not completed due to the default of the Purchaser, the Deposit shall be retained by the Vendor, as liquidated damages and not as a penalty without prejudice to the Vendor's rights to any additional or alternative remedies available to it at law or pursuant to this Agreement. 2.4 Adjustments. The Purchase Price shall be adjusted as of midnight on the day preceding the Closing Date on account of realty taxes and payments·made under the Duffin Heights Developers Cost Sharing Agreement (the "GSA"). If the final amount of any Item to be adjusted in accordance with this section cannot be determined at Closing, then the initial adjustment for such item made at Closing shall be estimated by the Vendor, acting reasonably. In each case, when such a cost or amount is actually determined, the Vendor and Purchaser agree to readjust the amount of the item forthwith. · 2.5 Cost Sharing Agreement. The Vendor and the Purchaser acknowledge that the Vendor has paid for certain servicing costs related to the Real Property, as 3 ATIACHMENT# j TO REPORT# )___E: Ll D L{--(~ y .of.(+ required pursuant to the GSA. Th~ amount of servicing costs paid by the Vendor prior to the Closing Date and allocable to the Real Property shall be shown on the statement of adjustments and credited to the Vendor on Closing. If, for any reason, the Trustee under the GSA revises its calculation of the amount of servicing costs paid by the Vendor, or if the City has paid any other costs allocable to the real property under the GSA on or before the Closing Date, then the Vendor and the Purchaser undertake to readjust the amount of such additional costs forthwith. On Closing, the Vendor and the Purchaser shall enter into an agreement, on temis satisfactory to the Vendor acting reasonably, whereby the Purchaser agrees to: (i) · ·execute the GSA and any subsequent amendments thereto as a Participating Owner (as defined in the GSA), (ii) assume all obligations related to the Real Property under the CSAand (iii) release and indemnify the Vendor from all obligations arising under the GSA with respect to the Real Property. 2.6 Vendor's Condition. This Agreement is conditional upon the approval of the Vendor's Council prior to April21, 2017. This condition has been included for the sole benefit of the Vendor. If this condition is not fulfilled, then this Agreement shall be null and void notwithstanding any intermediate act or negotiations, and neither the Vendor nor the Purchaser shall be liable to the other for any loss, cost or damages, and the Deposit shall be returned forthwith to the Purchaser without interest or deduction. Article 3 Representations and Warranties 3.1 Warranties. The Purchaser hereby represents and w;:mants to the Vendor that, as of the date hereof; (a) the Purchaser is not a non-resident within the meaning of the Income Tax Act (Canada) or the Investment Canada Act (Canada); (b) this Agreement and. its obligations hereunder and the documents and transactions contemplated herein have been duly and validly authorized by all requisite proceedings on the Purchaser's part and constitute the Purchaser's legal, valid, binding and enforceable obligations; (c) the Purchaser will at Closing have the authority and ability to satisfy all · financial obligations of the Purchaser contemplated by this Agreement, including full payment of the balance of the Purchase Price, subject to the adjustments, as provided in Section 2.3; (d) the Purchaser is now and at Closing will be a body corporate existing in good standing under the laws of the Province of Ontario with full corporate power, authority and capacity to enter into this Agreement and carry out the transactions contemplated hereby; and 4 75 76 ATIACHMENT#_/_TO REPORT# A_E C) 0 1-f r-/ .....,.'1- S .of. t -=f-. (e) The Purchaser will at Closing have full and absolute right and power to receive a transfer of the Real Property and to enter into any agreements contemplated by this Agreement. The Purchaser acknowledges that the Vendor has entered into this Agreement in full reliance on the truth and accuracy of all the Purchaser's warranties and representations expressed herein. 3.2 Limitation: Property Sold "As Is, Where Is". The Purchaser shall purchase the Real Property as it exists, without representation, warranty or condition on the part of the Vendor with respect to fitness, developability, planning approvals, the timing or cost of development, condition, zoning, public highway access, environmental state, soil conditions or physical condition, whether express or implied. The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations with respect to the quantity, quality, planning status, developability, timing and cost of development, environmental state and value ofthe Real Property. Without limiting the generality of the foregoing, the Purchaser acknowledges that the Vendor accepts no liability whatsoever for the findings, accuracy or other matters contained in the Vendor's Invitation to Submit Offer, any Addenda thereto, or any documents contained or referred to therein or in any reports, plans, memoranda or other documents provided by the Vendor. Article4 Purchaser's Covenants 4.1 Harmonized Sales Tax. The Purchaser agrees that it will be as at the Closing Date a registrant for Hannonized Sales Tax (H.S. T.) under the Excise Tax Act, R.S.C. 1985, c. E-15 as amended, and will provide evidence of same in form and substance reasonably satisfactory to the Vendor and its solicitors at the Closing Date, including without limitation, a statutory declaration sworn by a senior officer of the Purchaser confirming the Purchaser's H.S.T. registration number and that such registration continues to be in full force and effect and an indemnity to the Vendor for any H.S.T. (and related penalties, costs, interest, or other amounts) claimed from the Vendor in the event the Purchaser does not pay the H.S.T. payable by it in respect of this transaction. In the event that the Purchaser shall fail to deliver such evidence and such indemnity to the Vendor, then the Purchaser shall pay to the Vendor, in addition to the Purchase Price herein, in accordan~ with the Purchaser's obligation to pay and the Vendor's obligation to collect H.S.T. under the said Act, an amount equal to thirteen (13%) per cent of the Purchase Price or such other amount as is required pursuant to the said Act on the Closing Date. All sums required to be paid by the Purchaser as set out ih this Agreement shall be exclusive of H.S.T. and Purchaser shall pay all such sums . together with applicable H.S.T. 4.2 Assignment. The Purchaser agrees that it shall not assign this Agreement in whole or in part or otherwise grant any of its rights hereunder to any person, firm or corporation without the prior written approval of the Vendor, which approval 5 ATTACHMENT# I (p .of. TO REPORT# }_f3 ~'\ 0<-( ~ (T- ~~ . the Vendor may arbitrarily withhold. Without limiting the Vendor's discretion in granting its approval, in the event of any such approved assignment, the Purchaser shall continue to remain liable hereunder and the assignee shall be bound by all of the terms and conditions contained herein. Article 5 Title Review 5.1 Title Review. The Vendor shall not be bound to produce any abstract of title, title deeds, survey or other evidence of title, other than as may be in the possession of the Vendor. The Purchaser is to be allowed until the Requisition Date to examine the title at its own expense. If within that time, any valid objection to the title is made in writing to the Vendor which the Vendor is unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, this Agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections be null and void, and the Deposit shall be returned by the Vendor without interest or deduction. Save as to any valid objection so made within such time, the Purchaser shall be .conclusively deemed to have accepted the title ofthe Vendor to the Real Property. · 5.2 Title. The title shall be good and free from all encumbrances, save for any subdivision or development agreements, any easements for drainage, drainage structures, hydro, gas, sewers, water, telephone or like serVices and rights of entry, easements, covenants and licenses referred to in this Agreement or in any Subdivision Agreement, Development Agreement, and/or Site Plan Agreement and the permitted encumbrances set out in Schedule "B" attached hereto. Article 6 Closing 6.1 Preparation of Documents. A transfer of the Real Property shall be prepared by the Vendor, provided, however, that any Reference Plan which may be required to create a registrable legal description of the Real Property shall be prepared and deposited at the expense of the Purchaser. All registration charges, land transfer tax, provincial sales tax and harmonized sales taxes (if any) payable in connection with the sale of the Real Property st)all be paid by the Purchaser. The Vendor and Purchaser shall deliver, each to the other, an undertaking to readjust all items on the Statement of Adjustments as necessary, and a bring-down certificate with respect to representations and warranties. 6.2 Closing. The Closing shall be held in the Land Registry Office for the Land Titles Division of Durham (No. 40), or if available, by electronic registration, on the Closing Date. The Vendor shall have the sole right and option from time to time to extend the Closing Date for a period or periods up to an aggregate of ninety (90) days on giving ten (10) Business Days' notice to the Purchaser. 6 77 78 ATTACHMENT#_/ _TO REPORT# J--13 6t 0 Lf-.r-( ~ Article 7 Remedies --:;--.of. 1 1- 7.1 In the event of the Purchaser's default, the Vendor may, in its sole and absolute discretion, by notice in writing given to the Purchaser, terminate this Agreement. The Vendor's right to terminate is in addition to and not in substitution for any other rights or remedies available to the Vendor at law or equity. 7:2 Indemnity and Insurance. The Purchaser shall indemnify and save harmless the Vendor from and against all claims, demands, proceedings, actions, damages, costs and expenses which may be made or brought against the Vendor or which the Vendor may sustain, incur or be put to either directly or indirectly by reason of any breach of this Agreement, the performance or non- performance of any other work on or in respect of the Real Property by the Purchaser or any person for whom the Purchaser is responsible at law. The Vendor shall not be liable in respect of any claim, demand, action or proceeding which may be made or brought against the Purchaser by any subsequent purchaser or owner ofthe Real Property, and the Purchaser shall indemnify and save harmless the Vendor in respect thereof. The Vendor shall not be liable to any real estate agent or brokerage for any commission or fees, and the Purchaser shall indemnify and save harmless the Vendor in respect thereof. 7.3 No Waiver. No omission by the Vendor or Purchaser to· enforce the strict performance of their respective rights under this Agreement shall operate as a waiver of any such rights, and no waiver by the Vendor or Purchaser of the performance by the other of any covenant or provision of this Agreement shall, of itself, constitute a waiver of any subsequent breach of such covenant or provision or any other covenant or provision. Article 8 General 8.1 Notice. Any notice given hereunder shall be in writing and may be personally delivered, transmitted by facsimile br mailed, provided at the time of mailing there is no postal interruption, and it shall be conclusively deemed to have been delivered immediately upon delivery, or, if transmitted by facsimile, upon transmission or if mailed, on the fourth (4th) Business Day after the date on which such notice shall have been posted by prepaid registered mail to the recipient's address. Notice shall be sent as follows or to such other address of which either party may advise the other in accordance with the foregoing: 7 To The Vendor: ATTACHMENT# / TO REPORT# f_e t:, D tf-/1--- g .of./-:=:;-. The Corporation of the City of Pickering One The Esplaflade Pickering ON L 1V 6K7 Attention: Paul Bigioni Director, Corporate SeJVices & City Solicitor Fax No.: · 905.420.9685 To The Purchaser: t\on-\~Of' CoM.MOr\.\ \~<..s h_L""1 \.\(.d o bO. R_l""'-ro<:..I.L Q..c:A.c\ "lcr~o, OA.~io, r-17~ -St. X. Attention: I'\ <~~e.\. S • ~e.\(' Fax No.: (.\..\.Lob) -b b l-1-{ c;ta.._ q 8.2 Planning Act. This Agreement shall be effective to create an'interest in land only if the provisions of Section 50 ofthe Planning Act, R,S.O. 1990, c.P-1 3, as amended from time to time, are complied with by the Vendor on or before completion. 8.3 Tender. The parties waive personal tender and agree that tender shall be validly and effectively made if the tendering party shall attend at the Registry Office in which the title to the Real Property is recorded, at 3:00 p.m. on the Closing Date and for the period of one-half hour is ready, willing and able to close. Alternatively, tender may be validly and effectively made upon the designated solicitors for the party being tender~d. Payment must be made upon the designated solicitors for the party being tendered. Payment must be made or tendered by certified cheque drawn on any Canadian Bank or trust company. 8.4 Gender/Context. This Agreement and its acceptance are to be read with all changes of gender or number required by the context. 8.5 Interpretation. The words "herein", "hereto", "hereunder", "heretofore", "herewith", and similar expressions, refer to this Agreement and not to any clause, section or portion thereof, unless the context or subject matter otherwise so requires. 8.6 Binding Agr:eement. This Agreement when duly executed by the parties hereto shall constitute a binding contract of purchase and sale and time shall in all respects be of the essence. 8. 7 No Merger. The provisions and covenants of this Agreement shall not merge on the closing of this transaction, nor shall the delivery of transfers or deeds be deemed to satisfy any covenants, agreements, terms or conditions contained in this Agreement. 8 79 80 ATTACHMENT#_/_TO REPORT# j___e Lx 0 '-f..---( -=t-7 .of. (1- 8.8 Successors. Except as herein expressly provided, this Agreement shall extend to, be binding upon and enure to the benefit of the successors and permitted assigns of the parties hereto. 8.9 Irrevocable. This Agreement has been executed by the Purchaser prior to · execution by the Vendor and until executed by the Vendor, this Agreement shall constitute an irrevocable offer to purchase by the Purchaser to the Vend.or until 4:30pm on March 20, 2017, after which time, if not executed and delivered by the Vendor such offer shall be null and void. 8.10 Confidentiality. The Purchaser, for itself, its directors, officers, employees, engineers, surveyors, consultants and other advisers, representatives and agents (collectively, "Representatives"), agree that they shall not, except as required by law, disclose to anyone or use for any purpose other than the acquisition and financing of the Real Property any information concerning the Real Property, whether such information was disclosed by .the Vendor or obtained by the Purchaser or its Representatives through their own investigations and inquiries. The Purchaser shall reveal such information only to such Representatives (and not toany other persons) who need to know the same for the purpose of the acquisition and financing of the Real Property and who are informed of and instructed to comply with the provisions of this Section 8.1 0. If this Agreement is terminated for any reason whatsoever, and as a precondition to any return of the Deposit, the Purchaser shall deliver forthwith and cause all of its Representatives to deliver forthwith to the Vendor all documents, records and reports and all other information or data relating to the Real Property, including all copies thereof, which the Purchaser or its Representatives obtained from the Vendor or otherwise obtained in the course of their own investigations, and shall keep and cause its Representatives to keep in strict confidence all such information and aW,discussions between the Vendor and Purchaser with respect to the Real Property and the transaction contemplated by this Agreement The obligations of the Purchaser under this Section shall survive Closing or any termination of this Agreement. 8.11 Counterparts. This Agreement may be executed in counterparts, each of which· shall be deemed to be an original and all of which when taken together shall be deemed to constitute one and the same instrument. Counterparts may be executed either in original, electronic pdf or telecopied form and the parties to this Agreement shall adopt any signatures received by email or receiving telecopier machine as original signatures of the parties. 8.12 Amendments. No supplement, modification, amendment or waiver of this Agreement shall be binding unless executed in writing by the parties hereto in the same manner as the execution of this Agreement. 8.13 Time. Time shall be of the essence of this Agreement. 9 82 AnAcHMENT# I To REPORT# Le~ cY-f~ !r I I . of. 1 .-::::;._ Schedule "A" Legal Description of the Real Property Firstly, PIN 26383-0802 (L T) Part Lot 19 Concession 3, Pickering, Parts 2, 3, 4 and 5 Plan 40R26764; subject to an easement in gross over Parts 6 and 7 Plan 40R28759 as in DR1463116; subject to an easement in gross over Parts 7 and 9 Plan 40R28759 as in DR1463117; City of Pickering Secondly, PIN 26383-1230 (LT) Part Lots 19 Concession 3, Pickering; subject to an easement in gross over Part 4 Plan 40R28759 as in DR1463116; City of Pickering ATTACHMENT# I To REPoRT# )__e ~ o Y-~ I~ / 0( .of. 1 =?- Schedule "B" Permitted Encumbrances (1) Reservations or exceptions of mines and minerals. (2) Reservations or exceptions in the original grant from the Crown and all statutory exceptions, reservations, limitations, and conditions to title provided for in the Land Titles Act (Ontario). (3) Liens for taxes, assessments or charges not yet due. (4) Easements, rights-of-way and/or licences now registered (or to be registered hereafter) for the supply and installation of utility services, drainage, telephone services, electricity, fencing, gas, catch basins storm and/or sanitary sewers, water, cable television and/or any other service(s). (5) Municipal or governmental agreements and agreements with publicly regulated utilities, including, without limitation, any development, site plan, subdivision, engineering and/or other municipal agreement (or similar agreements entered into with any governmental authorities) and amendments thereto now registered (or to be registered hereafter) including, without limitation, any agreements and/or documents required as a condition of subdivision and/or site plan approval. (6) Utility Agreements. (7) Duffin Heights Developers Group Cost Sharing Agreement, as amended from time to time. (8) Instrument No. C094360, being a By-law regarding subdivision control. (9) Instrument No. DR429851, being Airport Zoning Regulations, as amended from time to time. (10) Instrument No. DR900023, being a Region of Durham Servicing Agreement. . (11) Instrument No. DR1463116, being an easement in favour ofthe Region of Durham for constructing, operating and maintaining a sanitary sewer. (12) lnstrument No. DR1463117, being an easement in favour of the Region of Durham for constructing, operating and maintaining a watermain. 83 84 Schedule "C" ATIACHMENT#_/_TO REPORT# LE~ of-11-- 13 .of. I:::;- Additional Provisions and Development Proposal Due Diligence Condition & Inspection Period 1. "Inspection Period" means the period of thirty days (30) days following the Acceptance Date 2. After acceptance of this Agreement, the Purchaser, its planners, engineers, surveyors or other agents, shall be allowed to enter the Property from time to time for the purpose of obtaining data, conducting soil tests environmental testing, surveying, and any other purpose required for investigation of the status of the Property. All inquiries, investigations or inspections shall be carried out at the Purchaser's sole cost, risk and expense. The Purchaser shall indemnify the Vendor from any damage caused by its entry and activities on the Property and shall restore the Property to their original condition after entry. 3. The Vendor hereby consents to the release to the Purchaser, its servants, agents or solicitors, of information pertaining to the Property from any municipal, provincial. or other governmental or regulatory authority which may be required by the Purchaser or its agents in connection with investigations to be conducted by the Purchaser or its solicitors hereunder, and the conducting of such inspections that may be required by any such municipal, provincial or other governmental or regulatory authority in connection therewith. The Vendor will provide within two (2) Business Days of the Acceptance Date, executed authorizations of the Vendor that may be used by the Purchaser in connection with the foregoing inquiries. 4. The Purchaser may at its option terminate this Agreement within the Inspection Period, if it is not satisfied, in its sole and absolute discretion, with the state of the Property, the development potential, or any other matter with respect to its investigation of the Property (which right of termination is herein called the "Due Diligence Condition"). The said termination is to be in writing delivered to the Vendor and upon such termination being exercised, this Agreement shall be null and void and the Purchaser shall be entitled to the return of its deposits in full together with accrued interest and neither party shall have any further obligations to each other hereunder. The parties acknowledge that notwithstanding that the satisfaction of the conditions in this paragraph are within the sole, absolute and unfettered discretion of the Purchaser that this Agreement is binding in accordance with its terms. If the Purchaser does not waive this right in writing during the Inspection Period, then it shall be deemed to have terminated this Agreement. 05 Technology-Related Provisions 06 Communications 07 Phones 08 All Candidates Meetings 09 Discontinued Activities for Members of Council During an Election Year 10 Limitations 11 Exception to this Procedure 01 Definitions 01.01 All Candidates Meeting;.... a public meeting held to provide an opportunity for all candidates to explain their election platform and to answer questions from the audience. 01.02 Campaign Period-begins on the date a Candidate files their nomination paper through to/voting day. For Federal and Provincial elections the campaign period begins with the issuance of the writ through to voting day. 01.03 Candidate-a person who has filed a nomination paper to run in an election. 01.04 Corporate Resources-includes any physical or technological resource that supports the operation of City programs and services including but not limited to: the City Crest, City Logo, facilities, staff, infrastructure, equipment, supplies, services, computers, telephone networks, photocopiers, fax machines, email system, voicemail, wireless equipment, internet, intranet, smart phones, tablets, consumables related to the above equipment such as paper, toner or any resource that belongs to or is funded by the City. 01.05 Election Sign-a sign that is intended to influence individuals to vote for or against any candidate or any referendum question. Election signs include election material such as buttons, t-shirts, hats, pens, stationary, calendars, . fridge magnets, car magnets/car wraps, etc. 01.06 Employees or Staff~ includes full-time, part-time, temporary and contract employees paid by the City of Pickering. A.lso ir~c;ludes volunteers that are working for the Corporation of the City of Pickering. 01.07 Member of Council-Mayor and all Members of Council 02 General The following procedure applies to all candidates, including an acclaimed Member of Council or a Member of Council not seeking re-election. Procedure Title: Corporate Resources for Election Purposes 9 2Procedure Number: ADM 170-001 Page 2 of 7 02.01 02.03 As provided for in section 11 and 12 of the Act, the Clerk, or designate, is responsible for conducting elections and may provide for any matter or procedure that is hot otherwise provided for in an Act or regulation and, in the Clerk's opinion, is necessary or desirable for conducting the election. Accordingly, any decision regarding the conduct of an election, including the interpretation and application of this Procedure, shall fall under the authority of the Clerk. No Member of Council may use their position on Council to obtain, garner or take advantage of any offer of special pricing or betterment that is obtained due to their association with the City and that would provide an unfair advantage to that Member of Council over that of other candidates. 03 Staff Involvement in Elections City Staff are expected to preserve the public trust and confidence in the City. With respect to elections, employees are expected to promote the principles of transparency, impartiality, respect, and accountability as follows: a) Employees engaged in political activities must take care to separate those personal activities from their official positions. Employees may participate in political activity at the Federal, Provincial and municipal levels providing that such activity does not take place during work hours or utilize City assets, resources, or property. Notices, posters or similar material in support of a particular candidate or political party are not to be · displayed or distributed by employees on City work sites or on City property. b)· Staff shall not canvass or actively work in support of a municipal candidate or political party during normal working hours unless they are away from work on a leave of absence without pay, maternity/parental leave, lieu time, flex day or vacation leave. c) Staff shall not canvass or actively work in support of a municipal candidate or political party while wearing a uniform, badge, logo or any other .item identifying them as an employee of the Corporation, or using a vehicle owned or leased by the Corporation. d) Staff who are also relatives of any Member of Council or Candidate shall not be assigned to work as an Election Official, or work on any p~rt of the election process. e) Staff are advised to be especially mindful of public perception during municipal elections, and to ensure that their activities neither conflict with nor adversely affect their duties as City staff. Moreover, staff have a responsibility to ensure that .public resources are not used for campaigning by any person. 04 City Facilities · 04.01 Campaigning, distribution or display of campaign material will not be permitted at any Gity facility, City event or City meeting whether on municipal property or not (Exception: All Candidates Meetings). Procedure Title: Corporate Resources for Election Purposes Procedure Number: ADM 170-001 Page 3 of 7 93 04.02 04.03 Candidates who have filed nomination papers can rent rooms at City facilities to hold election-related meetings or to solicit/receive campaign fu.nds, subject · to the usual rental charges and permit procedures. Candidate signage or election campaign material can only be displayed within the rented room at a City facility. No campaign material (ie. signage, brochures, sign-in tables) can be anywhere other than the rented room. 05 Technology-Related Provisions 05.01 The City of Pickering computer system (hardware, software and network) may not be used to record, distribute or store election-related material. 05.02 The City is to be reimbursed for all election-related calls and internet usage from smart phones, home phones and computers/iPads which are funded by the City. 05.0~ Websites or domain names that are funded, owned, or· operated by the City of Pickering shall not include any election-related material, including advocating for a political party, or candidates in any election campaign-related purpose, other than non:..partisan election information material that is required for the proper administration of the election under the Act and basic contact information for candidates. 05.04 Constituent websites that have been used and funded on the City's website by Members of Council throughout a term of office cannot be used as an election website or redirected to an election website. 05.05 On May 1st of an election year, the link from the City's website to any Member of Council's City-funded or personal website will be severed until after the . election. All expenses related to the personal weqsite will not be reimbursed from May 1st to December 1st. Exception: a link to the Municipality's election webpage is permitted for the purpose of providing general information about the election. 06 Communications 06.01 In any material printed or distributed by the City of Pickering, Members of Council are not permitted to: a) explain or illustrate that an individual (either. a Member of Council or any other individual) is a candidate registered in any ele.ction; b) identify where they will be running for office; or Procedure Title: Corporate Resources for Election Purposes ~ocedure Number: ADM 170~001 Page 4 of 7 06.02 06.03 06.04 c) profile or make reference to Candidates in any election. Members of Council cannot use the City's telephone system to make or receive election-related calls. The City's voicemail system may not be used to record or store election-related messages. The following may not be printed or distributed on any election-related materials or included in any election campaign-related website; a) reference to any of the City's email addresses, telephone numbers, facility addresses, or municipally-fu·nded facility addresses; b) City of Pickering's logo, crest, slogan etc., may not be printed on any election materials or included on any election campaign-related website; c) City of Pickering business cards, letterhead, envelopes etc., may not be . used for any purpose associated with a candidates election campaign and/or advertising; and d) photographs and vicjeos produced for and owned by the City may not be used for any election campaign related purpose. 06.05 To assure compliance withthe Municipal Freedom of Information and Protection of Privacy Ad, distribution lists or contact lists compiled utilizing corporate resources or through contact in a Member of Council's role shall not be utilized for election campaign.:.related purposes. 07 Phones 07.01 07.02 Cell phones provided to Members of Council and paid for by the City cannot be · used for campaigning purposes. It is recognized that carrying two cell phones is cumbersome and awkward. An acceptable alternative would be for the Member of Council to assume 50% of the operating costs of the cell phone during any Campaign Period, in order for the cell phone to be used for campaign purposes. ' Home\phones paid for by the City cannot be used for ca~paigning purposes, however, an acceptable-alternative would be for the Member of Council to assume 50% of the operating costs for their home phone in order for the home phone during any C~mpaign Period, to be used for campaign purposes. ,; l Procedure Title: Corporate Resources for Election Purposes Procedure Number: ADM 170-001 Page 5 of 7 95. 08 All Candidates Meetings . 08.01 08.02 Organizations conducting All Candidates Meetings will be required to abide by the following: · a) All Candidates Meetings may be held in a City facility with the approval of the Clerk, subject to the usual rental charges and permitprocedures for such use; b) City staff will not provide special or additional services or assistance for the event; c) the organization conducting the event must invite all registered candidates to the event that have registered for the position that the All Candidates Meeting relates to (i.e. Mayor, all candidates registered for Mayor or a particular Ward, all candidates registered for that Ward, etc.); d) the organization conducting the event will not allow candidates to set up ~lection signage, election literature, or campaign material at the facility · sooner than four hours before the event; and e) the organization conducting the event will make sure all election signage and literature is removed from the facility by no later than midnight the day of the event. In order to qualify as an All Candidates Meeting, the meeting must be held by an organization not affiliated with any particular candidate(s). 09 Discontinued Activities for Members of Council during an Election Year 09.01 As per Council approved, Council Compensation Policy ADM190, in an election· year the following condjtions shall apply effective May 1st: a) no mailing or distribution of constituent communications where the costs are borne by the City; b) no mailing or distribution of generic neighbourhood letters or cooperative letters where the co~ts are borne by the City; c) no individual advertising where the costs are borne by the City (i.e. newspaper ads/columns or .advertising in community publiqations); I . I ! . I. d) no community events can be organized by a Member of Council where the costs are borne by the City unless approved by the Clerk and organized by City Staff (i.e. safety meetings, government info meetings); and Procedure Title: Corporate Resources for Election Purposes 9~rocedure Number: ADM 170-001 Page 6 of7 e) limited amounts of stationary and business cards for Members of Council can be ordered to maintain a sufficient supply for day-to-day operations until after Election Day. 10 Limitations 10.01 10.02 10.03 Nothing in this Procedure shall prohibit a Member of Council from performing their job as a Member of Council, nor impede them from representing the interests of constituents. -It is however, important to recognize that, as incumbents, Members of Council's actions and activities will be subject to increased scrutiny. Members of Council are typically held to a higher standard and, as a result, the perception of their actions may be more important than the action itself. Nothing in this Procedure shall preclude a staff member from exercising his/her civic right and duty to participate in the municipal election process as a private citizen. Nothing in this Procedure shall prevent staff from conducting an election in accordance with the Act, or providing non-partisan election information material on behalf of the City so as to inform the public about the election and the election process. 11 Exception to this Procedure 11.01 Municipal election information prepared, posted and maintained by Legislative Services. - 11.02 Names, photographs and contact information for Members of Council to conduct municipal business. Procedure Title: Corporate Resources for Election Purposes Procedure Number: ADM 170-001 Page 7 of 7 97 By-laws 7557/17 7558/17 7559/17 7560/17 7561/17 May 15, 2017 Being a by-law to exempt Block Q, Plan M-15, Pickering, from the part lot control provisions of the Planning Act. (By-law attached) Being a by-law to establish that part of Lots 24 and 25, RCP 818, being Part 3, 40R-29545 as public highway. (By-law attached) Being a by-law to authorize the Civic Complex Roof Replacement project in the City of Pickering and the issuance of debentures in the amount of $520,000.00. [Refer to Executive Agenda pages 18- 19] Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2017 and to establish the Tax Rates necessary to raise such sums and establish the final due dates for the residential, pipeline, farm and managed forest realty tax classes. [Refer to Executive Agenda pages 27 -29] Being a by-law to authorize the Sixth Concession Road -Road Reconstruction and Storm Sewer Replacement, Greenwood Road to Westney Road project in the City of Pickering and the issuance of debentures in the amount of $1 ,540.000.00. [Refer to New and Unfinished Business pages 68-69] 98 -~-aty. q1--- PlCKER1 To: Debbie Shields City Clerk From: Paul Bigioni G Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law Owner: Madison Liverpool Limited Block Q, Plan M-15 File: PLC.M-15.1 M mo April12, 2017 A portion of the above-mentioned block is being developed in accordance with the appropriate Agreements, Zoning By-law and Common Elements Condominium Plan In such a manner as to allow the construction of 67 dwelling units (parcels of tied lands). The remaining portions of the above-mentioned Block, being Parts 1 to 4, 40R-29568, are being divided and conveyed to the adjacent land owners to merge with their existing lots. Attached is a location map and a draft by-law, enactment of which will exempt this Block from the part lot control provisions of the Planning Act thus allowing the: (a) 67 units to be created on parcels of tied lands ('potls') and the transfer of those potls into separate ownership; and (b) two separate parcels to be conveyed to the adjacent owners. The draft by-law is attached for the consideration of City Council at its meeting scheduled for May 15, 2017. PB:bg Attachments Location Map Draft By-law 99 The Corporation of the City of Pickering By-law No. /17 Being a by-law to exempt Block Q, Plan M-15, Pickering, from the part lot control provisions of the Planning Act. Whereas pursuant to the provisions of section 50(7) of the Planning Act, R.S.O. 1990, chapter P .13, as amended, the Council of a municipality may by by-law provide that . section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; Ano Whereas Madison Liverpool Limited, the owner of Block Q, Plan M-15, intends to obtain approval of, and register a common elements condominium plan on a portion of the lands and to divide the remaining portion of the lands into two separate parcels for the purpose of conveyance to the adjacent owners; And Whereas the proposed common elements condominium plan is to consist of 67 residential units; · And Whereas it is intended that the owner or owners of each of the 67 dwelling units will own the parcel of tied land on which his, her or their dwelling is located, in fee simple andwill also be a·memberormembersofthe··common elements condominium corporation; And Whereas it is intended that the parcels of tied lands on which the 67 dwellings are to be constructed will be subdivided by means of an exemption from the part lot control provisions of the Planning Act, R.S.O. 1990, chapter P.13. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, shall cease to apply to Block Q, Plan M-15, upon: (a) registration of this By-law in the Land Registry Office for the Land Titles Division of Durham (No. 40); and (b) registration of a restriction, pursuant to Section 118 of the Land Titles Act, R.S.O. 1990, chapter L.5, requiring tlie consent of the Solicitor for The Corporation of the City of Pickering to the registration of any transfer or charge of any portion of Block Q, Plan M-15, save and except for Parts 1 to 4, Plan 40R-:29568 in the Land Registry Office for the Land Titles Division of Durham (No. 40). 1 01 102 By-Law No. XXX Page 2 2. This By-law shall remain in force and effect for a period of two years from the date of the passing of this By-law and shall expire on May 15,2019. By-law passed this 15th day of May, 2017. David Ryan, Mayor Debbie Shields, City Clerk The Corporation of the City of Pickering By-law No. /17 / Being a by-law to establish that part of Lots 24 and 25, RCP 818, being Part 3, 40R-29545 as public highway. Whereas The Corporation of the City of Pickering is the owner of that part of Lots 24 and 25, RCP 818, being Part 3, 40R-29545, and wishes to establish it as public highway. Now therefore the Council of The Corpor(ltion of the City of Pickering hereby enacts as follows: 1. That part of Lots 24 and 25, RCP 818, being Part 3, 40R-29545 is hereby established as public highway (Fairport Road). By-law passed this 15th day of May, 2017. David Ryan, Mayor Qebbie Shields, City Clerk 105