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HomeMy WebLinkAboutMay 25, 2020 Council Meeting Agenda May 25, 2020 Electronic Meeting 2:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Due to COVID-19 and the Premier’s Emergency Order to prohibit public events and social gatherings of more than five people, Pickering City Hall is currently closed to the public until further notice. Members of the public may observe the meeting proceedings by accessing the livestream. A recording of the meeting will also be made available on the City’s website following the meeting. Page 1. Roll Call 2. Invocation Deputy Mayor Ashe will call the meeting to order and lead Council in the saying of the Invocation. 3. Disclosure of Interest 4. Adoption of Minutes Special Council Minutes, April 27, 2020 1 Special Council Minutes, May 13, 2020 16 5. Presentations 6. Delegations Due to COVID-19 and the closure of City Hall, members of the public may provide a verbal delegation to Members of Council via electronic participation. To register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Delegation requests must be received by noon on the last business day before the scheduled meeting. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. Council Meeting Agenda May 25, 2020 Electronic Meeting 2:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 7. Correspondence 7.1 Corr. 12-20 33 Mary Medeiros, City Clerk City of Oshawa Re: Poverty Reduction Approach in the Oshawa Recommendation: That Corr. 12-20, dated May 7, 2020, from the City of Oshawa, regarding a Poverty Reduction Approach in Oshawa be endorsed. 7.2 Corr. 13-20 36 Jennifer French Member of Provincial Parliament, Oshawa Re: Calls for Aid from Small and Main Street Businesses across the Province Recommendation: 1. That Corr. 13-20, dated April 27, 2020, from Jennifer French, regarding the calls for aid from small and main street businesses across the province be received; and, 2. That the correspondence be referred to the Director of Economic Development and Strategic Projects to review and report back no later than the August 10th Executive Committee Meeting on the Economic Status of Local Businesses in Pickering in light of the initiatives being offered by the Province of Ontario including an update of how many have or may have closed their doors permanently. 7.3 Corr. 14-20 39 Dan Carter, Mayor Office of the Mayor, City of Oshawa Re: Request for Financial Assistance to Municipalities as a result of COVID-19 Recommendation: Council Meeting Agenda May 25, 2020 Electronic Meeting 2:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca That Corr. 14-20, dated May 11, 2020, from Mayor Dan Carter, regarding a Request for Financial Assistance to Municipalities as a result of COVID- 19 be endorsed and that a copy of this resolution be sent to the Premier of Ontario. 7.4 Corr. 15-20 43 Tim Higgins, Accessibility Coordinator City of Pickering Re: Accessibility Advisory Committee - 2019 Year End Report and 2020 Proposed Work Plan Recommendation: That Corr. 15-20, dated May 13, 2020, from Tim Higgins, Accessibility Coordinator, regarding the 2019 Year End Report and 2020 Proposed Work Plan for the Accessibility Advisory Committee, be received for information. 7.5 Corr. 16-20 52 Erik Tamm, Managing Partner The Pickering Markets Re: The Market License Fee (By-law 1887/84) Recommendation: Council Direction Required. 7.6 Corr. 17-20 53 Michael Thompson, Deputy Mayor City of Toronto Re: Virtual Town Hall with Premier Ford – Meeting Transcript Recommendation: That Corr. 17-20, from Michael Thompson, Deputy Mayor, City of Toronto, regarding a Virtual Town Hall with Premier Ford – Meeting Transcript be received for information. 7.7 Corr. 18-20 61 Susan Cassel, City Clerk City of Pickering Council Meeting Agenda May 25, 2020 Electronic Meeting 2:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Re: Appointment of Alternate Member to Upper Council under Section 267 of the Municipal Act, 2001, S.O. 2001, c. 25 Recommendation: 1. That Councillor Maurice Brenner be appointed as the alternate member to the Council of the Regional Municipality of Durham in accordance with Section 267(1) of the Municipal Act, 2001, S.O. 2001, c. 25, in order that his duties may include attendance and voting rights at Committee of the Whole and any Standing Committee that Mayor Ryan has been appointed to and any other duties afforded to a Regional Councillor for the remainder of the term (November 14, 2022) or until such time that Mayor Ryan is able to resume his duties, whichever comes first; and, 2. That a copy of this Resolution be forwarded to the Regional Clerk of the Regional Municipality of Durham to give effect thereto. 7.8 Corr. 19-20 65 Cam Guthrie, Chair, Large Urban Mayors’ Caucus of Ontario (LUMCO) Mayor, City of Guelph Re: Request for support to municipalities facing fiscal challenges as a result of the COVID-19 Recommendation: That Corr. 19-20, dated May 14, 2020, from Cam Guthrie, Chair, LUMCO, regarding a request for support to municipalities facing fiscal challenges as a result of COVID-19 be endorsed. 8. Reports – New and Unfinished Business 8.1 Director, Corporate Services & City Solicitor, Report BYL 02-20 68 Deferral of Implementation of Accessible Service Supplement Fees Vehicle for Hire By-law Recommendation: 1. That Report BYL 02-20 respecting a deferral of the implementation of the Accessible Service Supplement enacted in the Vehicle for Hire By-law 7739/20 be received; Council Meeting Agenda May 25, 2020 Electronic Meeting 2:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the implementation and collection of the Vehicle for Hire Accessible Service Supplement be deferred until January 1, 2021; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 8.2 Director, Community Services & Deputy CAO, Report CS 04-20 71 Pickering Museum Village - Policies Recommendation: 1. That Council endorse Pickering Museum Village Policies as set out in Attachments 1 and 2 to this report, subject to minor revisions acceptable to the Director, Community Services & Deputy CAO; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 8.3 Director, Community Services & Deputy CAO, Report CS 10-20 78 Rick Johnson Memorial Park - Seaton Neighbourhood Park Recommendation: 1. That Council name the neighbourhood park that fronts onto Sapphire Drive, Azalea Avenue, and Burkholder Drive (the first neighbourhood park in the Seaton Community) as Rick Johnson Memorial Park, in accordance with the Facility & Park Naming Procedure ADM 110-006; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 8.4 Director, Community Services & Deputy CAO, Report CS 13-20 83 The Wellness Health Centre Ltd. - Lease Amending Agreement Council Meeting Agenda May 25, 2020 Electronic Meeting 2:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1. That the Mayor and the City Clerk be authorized to execute the Lease Amending Agreement with The Wellness Health Centre Ltd. as set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 8.5 Director, Community Services & Deputy CAO, Report CS 14-20 125 Systems Furniture Standardization of Tayco Panelink Ltd. Recommendation: 1. That systems furniture and related accessories supplied by Tayco Panelink Ltd. be established as an approved City-wide standard for all future furniture installations; 2. That Patrick Cassidy & Associates Inc. be established as an approved broker for Tayco Panelink Ltd. systems furniture; 3. That the term for this systems furniture standard be limited to a maximum of five years, subject to annual renewal as per the established renewal process; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8.6 Director, Finance & Treasurer, Report FIN 06-20 129 Development Charges Reserve Fund – Statement of the Treasurer for the Year Ended December 31, 2019 Recommendation: That Report FIN 06-20 of the Director, Finance & Treasurer regarding the Development Charges Reserve Fund be received for information. Council Meeting Agenda May 25, 2020 Electronic Meeting 2:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 8.7 Director, Finance & Treasurer, Report FIN 07-20 135 Commodity Price Hedging Agreements Report Recommendation: It is recommended that Report FIN 07-20 from the Director, Finance & Treasurer regarding commodity price hedging agreements be received for information. 9. Motions and Notice of Motions 10. By-laws 10.1 By-law 7758/20 139 Being a by-law to appoint a Deputy Fire Chief 10.2 By-law 7759/20 141 Being a by-law to appoint a Deputy Fire Chief 11. Other Business 12. Confirmation By-law 13. Adjournment Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm Present: Deputy Mayor K. Ashe Councillors: D. Pickles Absent Mayor David Ryan Also Present: M. Carpino -Director, Community Services & Deputy CAO K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor J. Eddy -Director, Human Resources J. Hagg -Fire Chief R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner J. Halsall -Manager, Budgets & Internal Audit L. Harker -Deputy Clerk M. Brenner S. Butt I. Cumming B. McLean 1.Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7749/20, with the exception of Mayor Ryan who was absent due to illness. 2.Disclosure of Interest No disclosures of interest were noted. - 1 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm 3. Adoption of Minutes Resolution # 273/20 Moved by Councillor Cumming Seconded by Councillor Butt Council Minutes, March 18, 2020 Special Council Minutes, March 18, 2020 Special Council Minutes, March 23, 2020 Carried 4. Delegations There were no delegations. 5. Correspondence 5.1 Corr. 06-20 Kevin Narraway, Manager of Legislative Services/Deputy Clerk Town of Whitby Re: Provincial Electric Vehicle Rebate Program Resolution # 274/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 06-20, dated March 13, 2020, from the Town of Whitby, regarding the Provincial Electric Vehicle Rebate Program be received and endorsed. Carried 5.2 Corr. 07-20 Mary Delaney, Chair Land Over Landings Re: Questions regarding the Economic Impact Study for the Aerotropolis and the Survey Conducted by Proof Inc./Environics Analytics Resolution # 275/20 Moved by Councillor Brenner Seconded by Councillor McLean - 2 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm Discussion ensued regarding the request received from Land Over Landings to defer their correspondence until such time that the COVID -19 emergency had ended and regular Council Meetings are resumed to allow for in-person delegations. That Corr. 07-20, dated April 2, 2020, from Land Over Landings, regarding the Economic Impact Study for the Aerotropolis and the Survey Conducted by Proof Inc. /Environics Analytics, be deferred to the next regular meeting of Council following the lifting of the COVID-19 emergency. Carried 5.3 Corr. 08-20 Association of Municipalities of Ontario Re: AMO COVID Update – Staff Reassignment Flexibility Provided Brief discussion ensued regarding the redeployment of staff and it was noted that City Staff had already taken action in this regard and that there was no need to proceed with Item 2 of the recommendation. The following substitute motion was presented and disposed of by Council. Resolution # 276/20 Moved by Councillor Brenner Seconded by Councillor McLean That Corr. 08-20, dated April 17, 2020, from the Association of Municipalities of Ontario (AMO) regarding Staff Reassignment Flexibility Labour, be received. Carried 6. Matters for Consideration 6.1 Director, Community Services & Deputy CAO, Report CS 11-20 Dr. Nelson F. Tomlinson Community Centre Management Agreement - Claremont Lions & District Club Discussion ensued regarding the change in leadership for the Claremont Lions & District Club noting that the outgoing leadership had wanted to terminate the Management Agreement. Marisa Carpino, Director, Community Services & Deputy CAO provided a brief overview of the operation and management of the Community Centre, noting that the new management group wanted to enter into the Management Agreement and - 3 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm that they were in a position to take back over this role. She further noted that the Agreement includes a clause that either party may terminate the Agreement if necessary. Ms. Carpino concluded by advising Council that the City would assist the Lion’s Club with promoting the space as a private use to try to maximize bookings at the Community Centre. Resolution # 277/20 Moved by Councillor Pickles Seconded by Councillor Butt 1. That the Mayor and City Clerk be authorized to execute a Management Agreement renewal to which the Claremont Lions & District Club will be permitted to continue to provide certain management services to the City of Pickering at the Dr. Nelson F. Tomlinson Community Centre from April 1, 2020 to March 31, 2025, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect thereto. Carried 6.2 Director, Community Services & Deputy CAO, Report CS 24-2 COVID-19 Response - Closures and Cancellations A question and answer period ensued, with Members of Council requesting clarification from Staff regarding the lifting of restrictions on community gardens, and if this included Princess Diana Park and the George Ashe Community Garden. Further clarification was sought regarding a plan for the opening of parks, sports fields, pools and ice rinks, once the emergency orders were lifted. Marisa Carpino, Director, Community Services & Deputy CAO, advised Members of Council that Staff were currently working on a recovery plan that would detail how much time was required for each area to get back up and running, but that the opening of all facilities, parks, and fields, would not be immediate once the Provincial Orders were lifted due to the time and Staff resources involved. Resolution # 278/20 Moved by Councillor Brenner Seconded by Councillor McLean - 4 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm 1. That Council endorse the extended closure of all public City facilities, City Playground Structures and Park Amenities until July 1, 2020 (inclusive); 2. That Council endorse the extended cancellation of all public City programs, City events (including Canada Day), and City Permits (including facility, sports field, and parks) until July 1, 2020 (inclusive); and, 3. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried 6.3 Director, Engineering Services, Report ENG 02-20 Asphalt Resurfacing on Various City Streets - Tender No. T2020-4 A discussion period ensued regarding whether these types of projects could proceed in light of the COVID-19 Provincial Orders surrounding essential services and how the contractors would be required to abide by emergency regulations. Richard Holborn, Director, Engineering Services, advised that the Orders allowed for the repair and maintenance of critical roads and that all other Durham Region municipalities were undertaking similar works. He also advised that language would be included in the memo to the contractors advising that they are required to abide by the Provincial regulations. Resolution # 279/20 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Tender No. T2020-4 for Asphalt Resurfacing on Various City Streets as submitted by Forest Contractors Ltd. in the total tendered amount of $3,062,321.75 (HST included) be accepted; 2. That the total gross project cost of $3,595,910.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $3,238,228.00 (net of HST rebate) be approved; 3. That the 2020 Capital Budget approved source of funds for the Granite Court and Redbird Crescent projects to be revised from Federal Gas Tax Reserve Fund to Ontario Community Infrastructure Fund Grant and Federal Gas Tax Reserve Fund; - 5 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm 4. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $3,238,228.00 as follows: a) the sum $1,970,355.00 as approved in the 2020 Capital Budget to be funded by a transfer from the Federal Gas Tax Reserve Fund; b) the sum of $850,000.00 as approved in the 2020 Capital Budget to be funded from the Ontario Community Infrastructure Fund Grant to be increased to $880,357.00 for the four designated projects presented in Table 4, and the sum of $335,352.00 by a transfer from the Federal Gas Tax Reserve Fund; and, c) the sum of $52,164.00 as approved in the 2020 Capital Budget to be funded by a transfer from the Rate Stabilization Reserve. 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 6.4 Director, Engineering Services, Report ENG 04-20 Consultant Selection for Breezy Drive/Sunrise Avenue Storm Sewer Outfall Reconstruction - Proposal No. RFP2020-2 Resolution # 280/20 Moved by Councillor Brenner Seconded by Councillor McLean 1. That Proposal No. RFP2020-2 – Breezy Drive/Sunrise Avenue Storm Sewer Outfall Reconstruction, submitted by Aquafor Beech Limited in the amount of $78,066.05 (HST included) for detailed design be accepted; 2. That the total gross project cost of $89,902.00 (HST included), including the proposal amount, a contingency and other associated costs, and the total net project cost of $80,960.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finan ce the total net project cost in the amount of $80,960.00 as follows: a) The sum of $60,720.00 to be funded by a transfer from the Development Charges – City’s Share Reserve; and, - 6 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm b) The sum of $20,240.00 to be funded by a transfer from the Development Charges – Stormwater Management Reserve Fund. 4. That Aquafor Beech Limited be retained for contract administration and construction supervision, at the construction stage of the project; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 6.5 Director, Finance & Treasurer, Report FIN 04-20 2020 Tax Rates and Final Tax Due Dates A discussion period ensued regarding the proposed due dates and how residents would be notified of the dates. Further discussion ensued regarding the interest penalty and when penalties would be imposed, with Members of Council requesting an update prior to August 31, 2020, on penalties and the possibility of waiving them depending on the financial circumstances, created by the COVID-19 emergency, at that time. Resolution # 281/20 Moved by Councillor Butt Seconded by Councillor Brenner 1. That Report FIN 04-20 of the Director, Finance & Treasurer regarding the 2020 tax rates be received; 2. That the 2020 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 August 27, 2020 and October 28, 2020 excluding the industrial, multi-residential and commercial realty tax classes; 4. That the attached By-law be approved; 5. 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 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Carried Later in the Meeting (See Following Motion) Resolution # 282/20 Moved by Councillor Brenner Seconded by Councillor Pickles That the main motion be amended by adding the following as a new Item 6 and the recommendation renumbered accordingly: That Staff be directed to report back to Council, at a Special Meeting, prior to August 31, 2020, to provide an update on the potential for the waiving of property tax penalties depending on the financial situation at that time. Carried The Main Motion, as amended, was then Carried. 6.6 Director, Finance & Treasurer, Report FIN 05-20 Financial Update on the Impact of COVID-19 Discussion ensued pertaining to the Aerotropolis project, with Members of Council questioning whether there is ongoing work or spending anticipated with th is project this year. Further discussion ensued regarding the importance of ongoing promotion of the employment innovation corridor and the need to continue to move this forward amidst the COVID-19 emergency. Stan Karwowski, Director, Finance & Treasurer noted that another Financial Update on the Impact of COVID-19 report would be forthcoming in the Fall 2020, when Staff anticipate having a better understanding of lockdown events and the City’s financial situation. Mr. Karwowski responded to questions pertaining to the list of capital projects being delayed, noting that the projects are not being removed from the budget, they are simply being delayed at this time. Resolution # 283/20 Moved by Councillor Butt Seconded by Councillor Cumming - 8 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm 1. That Report FIN 05-20 of the Director, Finance & Treasurer entitled “Financial Update on the Impact of COVID-19” be received for information; 2. That the Director, Finance & Treasurer be authorized to create a COVID -19 Community Grant based on the principle of providing financial assistance to those groups who are supporting Pickering’s vulnerable during the COVID - 19 pandemic; 3. That the COVID-19 Community Grants program be funded by a transfer from the Rate Stabilization Reserve in the amount of $100,000; 4. That local grant recipients funded from 2020 Budget retain their funding provided it is used for its intended purpose or to ensure the organization’s business continuity; 5. That the City Centre project be paused due to economic uncertainty as a result of the COVID-19 pandemic until the Fall of 2020; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried Later in the Meeting (See Following Motion) Resolution # 284/20 Moved by Councillor Brenner Seconded by Councillor McLean That the main motion be amended by adding the following as Item 5 b) and the recommendation renumbered accordingly: That work and expenditures relating to an Aerotropolis be paused due to the economic uncertainty as a result of the COVID-19 pandemic until Fall 2020. Motion Lost on a Recorded Vote as Follows: Yes Councillor Brenner Councillor McLean No Councillor Butt Councillor Cumming Councillor Pickles Deputy Mayor Ashe The Main Motion was then Carried. - 9 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm 6.7 Director, City Development & CBO, Report PLN 07-20 Esri Enterprise Agreement for the Supply of ArcGIS Software and Services Extension of the City’s Participation with the Region of Durham Resolution # 285/20 Moved by Councillor McLean Seconded by Councillor Cumming 1. That Council supports the proposed extension of the Region of Durham’s Enterprise Agreement (EA) with Esri Canada for the supply of ArcGIS software and services and the City’s ongoing participation in the EA for a three year period at a total cost of $201,444.00 (plus applicable taxes) with annual payments of $66,000.00 for year one (July 15, 2020 to July 14, 2021), $67,722.00 for year two (July 15, 2021 to July 14, 2022), and $67,722.00 for year three (July 15, 2022 to July 14, 2023), to be funded from the Current Budget of the City Development Department; 2. That the Director of City Development be authorized to sign a Letter of Intent to Participate in and Commit to terms and payment, generally as set out in the draft letter provided in Appendix I; and, 3. Further, that the signed Letter of Intent to Participate in and Commit to Terms and Payment be forwarded to the Chief Information Officer, at the Region of Durham. Carried 6.8 COVID-19 Updates and Actions Resolution # 286/20 Impact of Homelessness COVID-19 Moved by Councillor Brenner Seconded by Councillor Butt That the rules of procedure be suspended in order to allow the introduction of a motion pertaining to the impact of homelessness and COVID-19. Carried on a Two-Thirds Vote - 10 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm Discussion ensued pertaining to the need for a coordinated approach for proper COVID-19 testing and isolation of the homeless in Pickering as well as the need to offer a Pickering facility to the Region of Durham should a shelter be required during the emergency. Marisa Carpino, Director, Community Services & Deputy CAO, advised Members of Council that through discussions with the Region of Durham, it was indicated that there is no need for a full time homeless shelter in the City of Pickering and that there are insufficient Regional resources to support a shelter at this time. Resolution # 287/20 Moved by Councillor Brenner Seconded by Councillor Butt WHEREAS, all levels of Government have recognized that Homelessness poses a health risk to the homeless and to the community that will increase the number of positive cases of COVID-19; And Whereas, within Durham West there are not adequate facilities for the homeless that would ensure that the recommended 2 m(6ft) physical distancing necessary to combat this virus is maintained; And Whereas, the need for such a facility is best suited in a segregated location that has the required space and necessary amenities such as an arena; Whereas within the City of Pickering there are homeless persons living in unacceptable and unhealthy conditions; And Whereas, Durham Region has been reaching out to both the City of Pickering and the Town of Ajax to consider a coordinated approach to address homelessness during the COVID-19 crisis; Now Therefore be it resolved that the Council of The Corporation of the City of Pickering recognizes this as a crisis requiring immediate action and hereby gives direction through the Office of the CAO, to notify the Durham Region that the City of Pickering is offering the Chestnut Hills Developments Recreation Complex as an interim shelter during the COVID-19 crisis and is agreeable to work in partnership with Durham Region and the Town of Ajax to take steps for a coordinated approach to its implementation including redeployment of Municipal staff as permitted under the April 16th 2020 Provincial Order Subsection 7.0.2(4) Work Redeployment Measures for Municipalities. Carried - 11 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm Resolution # 288/20 Essential Mental Health Related Services Moved by Councillor Brenner Seconded by Councillor Butt That the rules of procedure be suspended in order to allow the introduction of a motion pertaining to essential mental health related services. Carried on a Two-Thirds Recorded Vote as Follows: Yes Councillor Brenner Councillor Butt Councillor Cumming Councillor McLean Councillor Pickles No Deputy Mayor Ashe Discussion ensued regarding the importance of the mental and physical health and well-being of City of Pickering residents during the COVID-19 emergency. Further discussion ensued regarding the intent of the motion to allow the City to track the new virtual activities and programs being offered so that the City is in a position to apply for any future funding, from upper levels of government, to help the City recover from these services where there is no incoming revenue. Resolution # 289/20 Moved by Councillor Brenner Seconded by Councillor Butt WHEREAS, the City of Pickering has declared an Emergency in response to the COVID-19 Pandemic; And Whereas, City of Pickering By-law 7746/20 provides for a prompt and coordinated response to an Emergency; And Whereas, under By-law 7746/20, the City of Pickering shall implement Municipal Emergency Management Plans defined as plans, programs or procedures prepared by the City of Pickering intended to mitigate the effects of an emergency or disaster to provide for the safety, health or welfare of the population in the event of such an occurrence; - 12 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm And Whereas, Section 8 of the By-law enables Council to review and evaluate Municipal Emergencies Plans and specify additional duties; And Whereas, COVID-19 is impacting the mental health of our residents; And Whereas, the ability for our residents to access virtual/digital programs/services is important to sustain the mental health of residents; And Whereas, such programs and services are provided by the City of Pickering Culture and Recreation Departments and the Pickering Public Library; Now Therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Designates, during the COVID-19 Emergency, those virtual/digital Pickering Recreation and Library Programs/Services as essential to sustain the mental and or physical health of residents; and, 2. That a copy of this resolution be forwarded to the Municipal Emergency Measures Executive Committee (MEMEC). Carried on a Recorded Vote as Follows: Yes Councillor Brenner Councillor Butt Councillor Cumming Councillor McLean No Councillor Pickles Deputy Mayor Ashe 7. By-laws 7.1 By-law 7752/20 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2020 and to establish the Tax Rates necessary to raise such sums and to establish the final due dates for the residential, pipeline, farm, and managed forest realty tax classes. Resolution # 290/20 Moved by Councillor Butt Seconded by Councillor Pickles That By-law No. 7752/20 be approved. - 13 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm Carried Resolution # 291/20 Moved by Councillor Brenner Seconded by Councillor Pickles That the rules of procedure be suspended to allow the introduction of a By-law to provide the ability for Members of Committees to participate electronically at Meetings during a declared emergency. Carried on a Two-Thirds Vote 7.2 By-law 7753/20 Being a By-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings Resolution # 292/20 Moved by Councillor Brenner Seconded by Councillor Pickles That By-law No. 7753/20 be approved. Carried 8. Confirmation By-law By-law Number 7754/20 Councillor Cumming, seconded by Councillor Pickles moved for leave to introduce a by- law of the City of Pickering to confirm the proceedings of April 27, 2020. Carried 9. Adjournment Moved by Councillor McLean Seconded by Councillor Butt That the meeting be adjourned. - 14 - Special Council Meeting Minutes April 27, 2020 Electronic Meeting 2:00 pm Carried The meeting adjourned at 3:58 pm. Dated this 27th of April, 2020. Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk - 15 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm Present: Deputy Mayor Kevin Ashe Councillors: D. Pickles Absent: Mayor David Ryan Also Present: T. Prevedel - Chief Administrative Officer M. Carpino - Director, Community Services & Deputy CAO K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor J. Eddy - Director, Human Resources J. Flowers - CEO & Director of Libraries, Pickering Public Library J. Hagg - Fire Chief R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk C. Rose - Chief Planner J. Halsall - Manager, Budgets & Internal Audit L. Harker - Deputy Clerk Deputy Mayor Kevin Ashe called for a moment of silence for Canadians and people around the world who have been impacted by COVID-19 and for the loss of their loved ones. M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7749/20, with the exception of Mayor Ryan who was absent due to illness. 2. Disclosure of Interest No disclosures of interest were noted. - 16 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm 3. Delegations 3.1 Ira Kagan, Kagan Shastri LLP, representing Triple Properties Re: Request for Minister’s Zoning Order (MZO), Durham Live Lands Ira Kagan, Kagan Shastri LLP, appeared before Council representing Triple Properties. Mr. Kagan referenced a letter received by the City, dated May 6, 2020, from Don Given, Malone, Given, Parsons, Ltd., pertaining to the City of Pickering making a request to the Minister of Municipal Affairs & Housing to enact a Minister’s Zoning Order (MZO) for the Durham Live Lands. He stated that an MZO would provide an opportunity for the City to advance the project more efficiently and would help to kick-start economic recovery and negate some of the negative impacts on businesses due to the COVID-19 pandemic. Mr. Kagan stated that in the past, these requests to the Minister were infrequent, but that currently there are many MZO requests being made, but that the Minister would only consider the request with the consent of the local municipality. He advised that with an MZO, there were be no need for public hearings, and no ability for appeals which would allow a more timely start to the project. Mr. Kagan noted that Durham Live is expected to create 10,000 jobs, and that there is an opportunity to bring on a major land user for a logistics facility creating an additional 2,000 - 4,000 jobs in the City of Pickering. He further noted that the H3 would need to be lifted in order for the new logistics facility to proceed, and that this would also remove the requirement for a highway interchange on Church Street in Ajax. A question and answer period ensued between Members of Council and Ira Kagan regarding:  the timing for the new logistics facility and the earliest date that the end user could enter into a contract;  concerns with road alignment and ongoing work with the Town of Ajax, Region of Durham, and Durham Live Consultants regarding East/West collector roads and the removal of the proposed highway interchange;  construction timelines and anticipated completion dates; and,  the potential to request that the Minister expedite the process for MZO approval. 4. Correspondence 4.1 Corr. 09-20 Don Given, Malone Given Parsons Ltd. Re: Request for a Minister’s Zoning Order - 17 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm A discussion period ensued regarding the urgency to get this project underway due to the economic benefits to the City of Pickering and the Greater Toronto Area. Further discussion ensued regarding ongoing discussions with the Town of Ajax regarding the removal of the highway interchange, and possible alternatives. Tony Prevedel, Chief Administrative Officer, noted that through the established Task Force with the Town of Ajax and the Region of Durham, the infrastructure needs for the Annandale and Durham Live sites will be reviewed for road connections, including a review of how to allocate these costs and responsibilities. Resolution # 293/20 Moved by Councillor Brenner Seconded by Councillor Cumming 1. That Corr. 09-20, dated May 6, 2020, from Don Given, Malone Given Parsons Ltd., regarding a Request for a Minister’s Zoning Order, be received; and, 2. That the Deputy Mayor, on behalf of Council, be directed to make a request to Minister Steve Clark, Minister of Municipal Affairs and Housing, for a Minister’s Zoning Order for the Durham Live lands. Carried Later in the Meeting (See Following Motions) Resolution # 294/20 Moved by Councillor Brenner Seconded by Councillor Cumming That the main motion be amended by adding the following as a new Item 3 and the recommendation renumbered accordingly: That given the economic stimulus of this project that Minister Clark be requested to expedite this Order. Carried Resolution # 295/20 Moved by Councillor McLean Seconded by Councillor Butt - 18 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm That the main motion be amended by adding the following as a new Item 4, and the recommendation renumbered accordingly: That this Motion be forwarded to the Prime Minister, the Honourable Justin Trudeau, the Premier of Ontario, the Honourable Doug Ford, Pickering-Uxbridge MP, the Honourable Jennifer O’Connell, Pickering-Uxbridge MPP, the Honourable Peter Bethenfalvy, the Minister of Infrastructure, the Honourable Laurie Scott, and the Ministers of Finance, the Honourable Bill Morneau, and the Honourable Rod Phillips, to request consideration of infrastructure support and/or stimulus packages to support this project moving forward expeditiously. Carried The Main Motion was then Carried as Amended, Unanimously on a Recorded Vote 4.2 Corr. 10-20 Jennifer O’Connell Member of Parliament, Pickering-Uxbridge Re: Federal Government’s Response towards Businesses during the COVID-19 Pandemic Discussion ensued regarding levels of government working together to assist businesses, with Members of Council noting that the Canada Emergency Commercial Rent Assistance (CECRA) program falls short of assisting small businesses, as it is not mandatory for landowners to participate, and it only applies to properties that have a mortgage. Resolution # 296/20 Moved by Councillor McLean Seconded by Councillor Brenner That Corr. 10-20, dated April 21, 2020, from Jennifer O’Connell, regarding the Federal Government’s Response towards Businesses during the COVID-19 Pandemic be received. Carried 4.3 Corr. 11-20 The Government of Ontario Re: A Framework for Reopening our Province - 19 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm Resolution # 297/20 Moved by Councillor Brenner Seconded by Councillor Butt 1. That Corr. 11-20, dated April 27, 2020, from the Government of Ontario, regarding a Framework for Reopening our Province, be received; and, 2. That Staff be directed, through the office of the CAO, to prepare a plan for a Pickering Re-opening Framework and report back to an Executive Committee Meeting or a Special Meeting of Council no later than June 15, 2020. Carried 5. Matters for Consideration 5.1 Chief Administrative Officer, Report CAO 02-20 City of Pickering purchase from Ontario Infrastructure and Land Corporation and sales to Shirva Investment and Developments Corporation and 10466921 Canada Inc. - Part of PINs 26402-0106(LT) and PIN 26402-0110(LT), Seaton Innovation Corridor Resolution # 298/20 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Council approve the following agreements: (a) Agreement of Purchase and Sale of approximately 12.7 acres of employment lands (Parcel 3) described as Part of PIN 26402- 0106(LT), Part Lots 21 and 22, Concession 5, Pickering, being Parts 5 and 6 on Plan 40R-25010, dated October 22, 2019 between Her Majesty the Queen in Right of Ontario as Represented by the Minister of Government and Consumer Services, as vendor, and the City, as purchaser; (b) Agreement of Purchase and Sale of a 5.28 acre portion of the lands noted in 1(a) above from the City, as vendor, to Shirva Investment and Developments Corporation, as purchaser; - 20 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm (c) Agreement of Purchase and Sale of a 1.12 acre portion of the lands noted in 1(a) above from the City, as vendor, to 10466921 Canada Inc., as purchaser; and, (d) Agreement of Purchase and Sale of approximately 12 acres of employment lands (Parcel 5) described as Part of PIN 26402- 0110(LT), Part Lots 21 and 22 Concession 5, Pickering, being Part 5 and 6 on 40R-30895, dated October 22, 2019 between Her Majesty the Queen in Right of Ontario as Represented by the Minister of Government and Consumer Services, as vendor, and the City, as purchaser. 2. That City staff be directed to: (i) waive, on the City's behalf, the City Sale Condition contained in Section 6.04(a) of both the Agreements of Purchase and Sale noted in paragraphs 1(a) and 1(d) above, and (ii) not make an Environmental Objection pursuant to section 5 of either of the Agreements of Purchase and Sale noted in paragraphs 1(a) and 1(d) above; 3. That City staff be directed to proceed with completion of all the said Agreements of Purchase and Sale; 4. That Council authorize the Director, Finance & Treasurer to fund the City’s net purchase price of $586,842 related to 1(a) above, together with Seaton Landowner Group servicing costs, as provided for in Finance & Taxation’s 2019 Capital Budget from account 5203.1903.6265 to be recovered from future benefiting land owners; 5. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $1,878,304 related to 1(d) above as follows: (a) the sum of $560,000 as provided for in the 2020 Capital Budget, to be increased to $758,000, the term approved for 20 years to be revised to 10 years, to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed 10 years; (b) the sum of $21,000 to be funded by a transfer from the Seaton Landowners Group Financial Impact Agreement (FIA) Reserve Fund; (c) the sum of $819,000 as provided for in the 2020 Capital Budget to be increased to $1,098,000 to be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed 10 years to address the funding shortfall of the - 21 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm Development Charges-Protection Services Reserve Fund (“DC- Protection Services RF”), and this amount be repaid from future development charge collections; (d) the sum of $1,304 to be funded from property taxes; (e) the annual repayment charges in the amount of approximately $91,150 be included in the annual Current Budget for the City of Pickering commencing 2020, 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; (f) the annual repayment charges in the amount of approximately $132,025 be included in the annual Current Budget for the City of Pickering commencing 2020, or such subsequent year in which the debentures are issued, and continuing thereafter until the debenture financing is repaid from future development charge collections as the first source of repayment, and the cost of the annual repayment charges be included in the next Development Charges Background Study; and, (g) 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. 6. That the draft debenture by-laws (Attachment No. 8) attached to this report be enacted; 7. That the Director, Finance & Treasurer be given the authority to fund the estimated post security costs of $238,000; 8. That the Director, Finance & Treasurer be given the authority to finance the estimated costs of $1,700,000 for the ongoing obligations to the trustee and Region by undertaking an internal loan for a period not to exceed 10 years; and, 9. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 5.2 COVID-19 Updates and Actions - 22 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm a) Call for Investigation – Outbreaks and Deaths at Long-Term Care Homes, Retirement Homes and other Congregate Facilities Resolution # 299/20 Moved by Councillor Pickles Seconded by Councillor Cumming That the rules of procedure be suspended in order to allow the introduction of a motion pertaining to the Call for Investigation – Outbreaks and Deaths at Long- Term Care Homes, Retirement Homes and other Congregate Facilities. Carried on a Two-Thirds Vote Resolution # 300/20 Moved by Councillor Pickles Seconded by Councillor Cumming Whereas there has been a particularly devastating impact of COVID-19 outbreaks and deaths in our Long-Term Care, Retirement Homes and other congregate facilities across Ontario and Canada; And Whereas, the Orchard Villa Long-Term Care and Retirement Home in the City of Pickering has been one of the residences that have been hardest hit with many affected and many deaths of our residents and t errible impacts to their families; And Whereas, we appreciate the work of Long-Term Care, Retirement Home and other congregate facility staff and health care workers caring for affected residents and supporting their family members; And Whereas, the Council and City of Pickering sincerely gives its condolences to the residents who have passed and their families, and best wishes for recovery to affected residents and their families; Now therefore be it resolved that the Council of The Corporation of the C ity of Pickering: 1. Requests that the owner, operator and regulatory bodies of the Orchard Villa Long-Term Care and Retirement Home, take all appropriate measures to immediately care for patients, avoid further virus spread and deaths, and have appropriate communications with family members on resident care; - 23 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm 2. Calls on the Federal and/or Provincial Governments to conduct an investigation, with opportunities for families' participation, at an appropriate time, of the outbreaks and deaths at Orchard Villa and other affected Long Term Care Homes, Retirement Homes and other congregate facilities, to determine the causes for the particularly devastating impacts and means to address and avoid such outbreaks and deaths in these residences in the future; and, 3. That this motion be forwarded to the Prime Minister of Canada, responsible Federal Ministers, Durham's MPs, Chief Public Health Officer of Canada, Premier of Ontario, responsible Provincial Ministers, Durham's MPPs, Ontario's Chief Medical Officer of Health, Federation of Canadian Municipalities, Association of Municipalities of Ontario, the Association of Local Public Health Agencies (alPHa), and the Regional Municipality of Durham. Carried Later in the Meeting (See Following Motions) Resolution # 301/20 Moved by Councillor McLean Seconded by Councillor Brenner That the rules of procedure be suspended in order to allow delegations to be heard on this matter. Carried on a Two-Thirds Vote Laurel Reid joined the electronic meeting via audio connection and provided an overview of her experience with the COVID-19 outbreak at Orchard Villa LTC and Retirement Residence where her mother is a resident. Ms. Reid expressed her concerns relating to the lack of communication received from the management at the Home during the COVID-19 outbreak, noting that she first received news of the dire situation through a letter from another residents’ family. She questioned why family members were not informed earlier about the outbreak, and why best practices from other long term care homes have not been followed. Ms. Reid also noted that Orchard Villa LTC and Retirement Residence has had numerous violations over the years. She questioned why the organization was not penalized for these violations, and how they were allowed to continue to operate. She noted that as of May 7th Orchard Villa had a total of 72 deaths, and that there should be a full investigation conducted into the outbreak. Resolution # 302/20 - 24 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm Moved by Councillor Brenner Seconded by Councillor Pickles That the rules of procedure be suspended to extend the delegation speaking time limit. Carried on a Two-Thirds Vote Ms. Reid continued with her delegation, questioning what Orchard Villa’s plan for the outbreak was, whether food was being prepared on the long term side and sent to the retirement side, whether there was proper staff training in place, and when the facility called for help from the Province of Ontario, local hospitals and Ontario Health. She noted that she would like the Province to take over the management of the facility immediately, and that Southbridge Care Homes should lose their right to care for their families. A question and answer period ensued regarding the inspections conducted by the Province, and whether there were concerns that these inspections were not conducted annually or thoroughly, as required. June Morrison joined the electronic meeting via audio connection to express her concerns regarding how the outbreak at Orchard Villa LTC and Retirement Residence was managed. Ms. Morrison stated that her father, George, who lived in Orchard Villa LTC, passed away on May 3rd. She expressed concerns regarding various issues that she had experienced at Orchard Villa LTC and Retirement Residence, including a lack of communication regarding her father’s health status, and that the Personal Support Workers were inattentive to his health status. Ms. Morrison noted that she learned about the COVID-19 outbreak through a media release, and that she was repeatedly told inaccurate information regarding the number of staff on duty, and the ongoing care of patients, and was extremely concerned for her father’s welfare. She noted that health care workers from the Facility reached out to her anonymously to advise her of the appalling conditions of the Facility. Ms. Morrison further noted that her father was COVID-19 positive and subsequently passed away, but that she does not believe his COVID-19 diagnosis was the sole reason for his death. She noted that she is currently awaiting results from a formal autopsy, as there were indications that he was dehydrated and died from some form of starvation. Ms. Morrison requested a full investigation into the outbreak and deaths at Orchard Villa, as in her experience, duty of care was lacking, and her father’s necessities of life were denied. Resolution # 303/20 - 25 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm Moved by Councillor McLean Seconded by Councillor Butt That the rules of procedure be suspended to extend the delegation speaking time limit. Carried on a Two-Thirds Vote Ms. Morrison continued with her delegation, further noting that inspection failures should have been investigated by the Province, as she believes this would have changed the outcome of this outbreak. In addition, she expressed concerns with inaccuracies of death certificates and how they are being completed by the doctors. Ms. Morrison noted that a public inquiry ensures transparency in the process, and is independent from other levels of government and that changes were needed for all long term care facilities going forward. A question and answer period ensued regarding the lack of communication from Orchard Villa, and options for proceeding with a formal investigation. Further discussion ensued regarding the failure of the Province to conduct proper inspections, with Ms. Morrison noting that she had compiled a report that demonstrated numerous issues at Orchard Villa as far back as 15 years ago, and that she would share this report with Members of Council. Cathy Parkes joined the electronic meeting via audio connection to express her concerns regarding how the outbreak at Orchard Villa LTC and Retirement Residence was managed. Ms. Parkes noted that her father had been an Orchard Villa resident since 2019, and had experienced numerous issues relating to staff - to-resident abuse, and that his phone was repeatedly disconnected, making him unable to contact his family. She expressed concerns that during the COVID -19 outbreak, her father was being served meals in the dining hall with other residents, and that there were limited staff members and none of the staff had personal protective equipment. Ms. Parkes further noted that she experienced great difficulties contacting staff to receive updates on her father’s health once he had been diagnosed with COVID-19, but that she knew her father was suffering and was told she had to trust those caring for him. She noted that the management at Orchard Villa did not prepare for a pandemic, did not adequately train staff, and that she would like there to be a thorough investigation conducted, and for privately managed long term care homes to become a thing of the past. Carol Craigen joined the electronic meeting via audio connection to provide an overview of her mother’s experience as a resident of Orchard Villa. Ms. Craigen noted that staff at the facility are dedicated, but need increased pay and benefits, - 26 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm more training regarding personal protective equipment, and training on how to care for residents with special needs. She expressed concerns relating to the lack of communication with family members, noting that she should not have heard about the COVID-19 outbreak from the news, and that the facility should hire a dedicated staff whose sole responsibility is to communicate with family. In addition, Ms. Craigen stated that Southbridge Care Homes should be responsible for mandating and providing readily available personal protective equipment for all staff, and that there should be a higher quality of care for their residents. A discussion period ensued pertaining to the wording in the motion, specifically whether there should be increased clarity on having the investigation conducted through a public inquiry or by an independent commissioner, or if it was best to not narrow down a specific type of investigation that may be outside of the scope of the commissioners ability. Resolution # 304/20 Moved by Councillor McLean Seconded by Councillor Brenner That the main motion be amended by substituting Item 2 of the recommendation to read as follows: That the City of Pickering call on the Lieutenant Governor of Ontario, who is empowered under the Public Inquiries Act, to establish a commission to conduct a public inquiry into the Orchard Villa Long Term Care and Retirement Home and other congregate facilities, to determine the causes for the particular devastating impact and the means to address and avoid such outbreak s and deaths in these public and private residences. See Following Motions Resolution # 305/20 Moved by Councillor Brenner Seconded by Councillor McLean That the amendment be amended to read as follows: Calls on the Federal and/or Provincial Governments to conduct an investigation, including calls for the Lieutenant Governor and any other Federal body to establish a public inquiry or royal commission, with opportunities for families' participation, at an appropriate time, of the outbreaks and deaths at Orchard Villa and other affected Long Term Care Homes, Retirement Homes and other - 27 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm congregate facilities, to determine the causes for the particularly devastating impacts and means to address and avoid such outbreaks and deaths in these residences in the future. Motion Lost on a Recorded Vote as Follows: Yes Councillor Brenner Councillor McLean No Councillor Butt Councillor Cumming Councillor Pickles Deputy Mayor Ashe Resolution # 306/20 The original amendment was now before Council and the Motion Lost on a Recorded Vote as Follows: Yes Councillor Brenner Councillor McLean No Councillor Butt Councillor Cumming Councillor Pickles Deputy Mayor Ashe The Main Motion was then Carried Unanimously on a Recorded Vote b) Ontario 211 Councillor Brenner requested that Staff in the Public Affairs Section provide residents with information of the broad range of services provided by Ontario 211 and encourage residents to use the service. c) Expansion of Restaurant Patios Councillor Brenner requested that Staff review what by-law changes may be necessary to enable restaurants to open their patios, using social distancing techniques, once the emergency orders have been lifted by the Province. Deputy Mayor Ashe advised Members of Council that he is currently working with the Directors of City Development and Corporate Services on this matter, and will update Members of Council regarding opening patios in a safe manner once it has been authorized by the Province. d) Broadcast the Call to Prayer over Speaker - 28 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm Councillor Brenner requested that the Mayor’s Office reach out to religious institutions to explore the use of FM radio broadcast for the call to prayer rather than having the call to prayer broadcasted over loud speakers. e) COVID-19 Memorial Event Councillor Pickles advised that the flags at City Hall would be lowered to honour the residents and families at Orchard Villa who have been impacted by the COVID-19 pandemic, and noted that the City has begun planning for a memorial event and would be in consultation with the families. f) Commercial Lease Relief for Tenants Resolution # 307/20 Moved by Councillor McLean Seconded by Councillor Brenner That the rules of procedure be suspended in order to allow the introduction of a motion pertaining to Commercial Lease Relief for Tenants. Carried on a Two-Thirds Vote Discussion ensued regarding the intent of this motion to provide support for small businesses. Further discussion ensued regarding the Ontario Canada Emergency Commercial Rent Assistant Program (OCECRA) which was designed to ensure landlords are receiving 75% of the rent, noting that landlords cannot be forced to participate, the need for landlords to enter into legal agreements with their tenants, and the portion of rent that is covered as it pertains to taxes, maintenance and insurance. Further discussion ensued pertaining to the timelines for applying to the Program, and whether evictions can take place during participation in the Program. Resolution # 308/20 Moved by Councillor McLean Seconded by Councillor Brenner WHEREAS, small businesses across the country are the backbone of our communities and they are now facing significant challenges due to the COVID-19 epidemic; - 29 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm WHEREAS, some small business have leveraged their personal assets and houses to secure a lease; WHEREAS, businesses that are closed due to the virus and are not open for business are still responsible for their rent, taxes, utilities, insurance and other services such as phones, internet and other monthly costs including, in some instances, employees’ benefits; WHEREAS, there is much uncertainty as to when businesses can open and how long it will take them to start up their business so they can recover and get enough money to pay these accumulated debts; WHEREAS, the Government of Canada is delivering $900 million in emergency relief and the Provincial Government Is committing $241 million to small businesses and their landlords through a new program called the Ontario Canada Emergency Commercial Rent Assistant Program (OCECRA), to assist Canadians and businesses from the financial impact of the current COVID-19 pandemic; WHEREAS, this program has been developed to share the costs between small business tenants and landlords who would each be asked to pay 25% of the tenants total rent under a lease agreement, and the Provincial and Federal Government would cost share the remaining 50%; WHEREAS, this loan would be contingent on the signing of a rent forgiveness agreement between impacted tenants and landlords which would reduce the rental cost of small business tenants for the months of April to June 2020 by at least 75%; WHEREAS, this program is contingent on a moratorium on evictions for three months; WHEREAS, this program is only available to landlords who hold a commercial mortgage on the rental property which disadvantages those landlords that would like to participate in the program and who do not have a mortgage; NOW THEREFORE, be it resolved that the Federal and Provincial Governments include those landlords who do not hold a commercial mortgage to be eligible to participate in this business saving program; And further, that the Provincial Government under the Commercial Tenancies Act prohibit any commercial evictions until at least August 31, 2020 where a tenant has been closed down or cannot operate their business due to the COVID virus. Carried Unanimously on a Recorded Vote - 30 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm 6. By-laws 6.1 By-law 7755/20 Being a by-law to authorize the Purchase of Land for the Seaton North Fire Station in the City of Pickering and the issuance of debentures in the amount of $1,098,000 for the Development Charges-Protection Services Reserve Fund funding for the Purchase of Land for the Seaton North Fire Station project, and that the first source of repayment for this debt is future development charge collections. 6.2 By-law 7756/20 Being a by-law to authorize the Purchase of Land for the Seaton North Fire Station in the City of Pickering and the issuance of debentures in the amount of $758,000. Resolution # 309/20 Moved by Councillor Cumming Seconded by Councillor Pickles That By-law Nos. 7755/20 through 7756/20 be approved. Carried 7. Confirmation By-law By-law Number 7757/20 Councillor Brenner, seconded by Councillor Butt moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of May 13, 2020. Carried 8. Adjournment Moved by Councillor Butt Seconded by Councillor Cumming That the meeting be adjourned. Carried - 31 - Special Council Meeting Minutes May 13, 2020 Electronic Meeting 2:00 pm The meeting adjourned at 5:12 pm. Dated this 13th day of May, 2020. Kevin Ashe, Deputy Mayor Susan Cassel, City Clerk - 32 - Corporate Services Department City Clerk Services The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L1H 3Z7 Phone 905∙436∙3311 1∙800∙667∙4292 Fax 905∙436∙5697 www.oshawa.ca File: A-2100 May 7, 2020 DELIVERED BY E-MAIL (clerks@durham.ca) Region of Durham Re: Poverty Reduction Approach in the Oshawa Oshawa City Council considered the above matter at its meeting of April 27, 2020 and adopted the following recommendation: “Whereas the first Goal identified in the United Nations’ Sustainable Development Goals is to ‘end Poverty in all forms everywhere’; and, Whereas according to 2016 Statistics Canada Census information, the poverty rate in Oshawa is the highest in Durham Region, at approximately 1 in 7 or 14.5% (low-income measure, after tax) and child poverty rates in Oshawa are 1 in 5 or 20.8%; and Whereas five of the seven Priority Neighbourhoods identified by the 2015 Durham Region Health Neighbourhood Report are within Oshawa boundaries; and, Whereas the Community Needs Assessment commissioned by the City of Oshawa in 2018 in support of the Smart Cities Challenge submission identified ‘Social and Economic Inequality’ as the key issue facing Oshawa; and, Whereas many impacts of poverty are experienced at the local level and include higher rates of health and mental health issues, higher food insecurity, higher rates of unsheltered and precariously housed individuals, hirer crime, higher demand for community, social and charitable services, lack of school readiness, reduced school success, and over economic productivity; and, Whereas the City is committed to ensuring an inclusive, healthy and safe community, as demonstrated through the Oshawa Strategic Plan’s Strategic Goal of Social Equity and further that the draft update to the Oshawa Strategic Plan includes actions and measures to address economic disparity and poverty reduction in our community; and, Corr. 12-20 - 33 - 2 Whereas the City’s Diversity and Inclusion Plan contains actions aimed at fostering inclusive and equitable community; and, Whereas the City of Oshawa participated in various initiatives in the community aimed at assisting those living in poverty including Advancing Access to Affordable Recreation in Durham, OUR Taskforce, etc.; and, Whereas the City of Oshawa has also participated in various initiatives in the Durham Region aimed at reducing poverty, including the Durham District School Board’s Make a Difference program and the Region of Durham Financial Empowerment Framework; and, Whereas the City of Oshawa is currently partnering with the Region of Durham to lead a Collective Impact approach for the community to develop a common agenda and strategy aimed at poverty reduction in our community; and, Whereas the Province of Ontario is currently developing a provincial Poverty Reduction Strategy, and is soliciting input from municipalities, employers, service providers, and members of the community; Therefore be it resolved: 1. That staff be directed, through the Chief Administrative Officer, to develop a data analysis of poverty in Oshawa to be communicated both internally and externally; and, 2. That the City of Oshawa utilize the data analysis to apply an equity lens to plans and actions of the City of Oshawa including strategic plans and future budgets to ensure equitable access to services for all residents; and, 3. That staff report to City Council annually on actions and investments planned to be taken and that have been undertaken to address poverty in our community; and, 4. That the City of Oshawa continue to work proactively and collaboratively with the Region of Durham and other community partners on issues related to addressing poverty and poverty reduction in our community; and, 5. That staff be directed to provide input to the provincial government’s Poverty Reduction Strategy and copy all members of City Council; and, 6. That the City of Oshawa copy Durham Region Municipalities, Durham Members of Provincial Parliament and Members of Parliament on official correspondence of this resolution in an effort to seek assistance in resources and funding to help effectively address economic disparity and poverty in our community.” If you need further assistance concerning the above matter, please contact Paul Ralph, Chief Administrative Officer at the address listed below or by telephone at 905-436-3311. Mary Medeiros City Clerk - 34 - 3 /hl c. Community Services Department Corporate Services Department Durham Region Municipalities Durham Region Members of Parliament and Members of Provincial Parliament - 35 - April 27th, 2020 Premier Doug Ford Office of the Premier, Room 281 Main Legislative Building, Queen's Park Toronto, ON M7A 1A1 Premier Ford, Businesses in Oshawa and across the Durham Region are very concerned about the devastating impact of COVID-19. They are working to keep themselves operational during this time and trying to survive and make it through to the other side. I am writing this letter to amplify the calls for aid from small and main street businesses in my community of Oshawa, and across the province. Certainly, Ontario’s Government has been hearing directly from the business community that direct aid is needed by businesses. Deferrals have their place in a provincial strategy, but there must be investment and direct financial support as you have undoubtedly been hearing. Ontario’s New Democrats have echoed the asks of businesses and given you a clear package of recommendations and suggestions both in the “Save Main Street” plan and the Opposition’s submission to government before the March financial statement. We are still urging that you invest in these businesses now and as needed. In addition to the action items in the ONDP Save Main Street plan, I would highlight additional concerns raised by Ontario’s downtown BIAs. I offer this letter as support of the accompanying letter that was sent to your attention over a month ago (March 23rd, 2020) by the Ontario Business Improvement Area Association (OBIAA), which is deserving of a provincial response. The inability to access the market and compete with large online conglomerates has been devastating to small and main street businesses during this COVID-19 pandemic. However, BIAs and their member small businesses had been having success implementing the “Digital Main Street” program through the Ministry of Agriculture, Food and Rural Affairs. Businesses who received the grant and are up -and- running with the digital transformation program, have been sharing with my office that they are able to still do business because they are online and supported. This program allows for the modernization, sustainability and competitiveness for our small and local businesses to be able to compete with massive online stores. Main street shops don’t necessarily have what they need to do this alone. Currently, they don’t have the money to invest in these technologies to 1/3 Corr. 13-20 - 36 - update themselves. They need to be current and able to deliver services or goods online, and be accessible through online platforms to reach people where they shop – which right now is at home. For these local and small businesses, it is reportedly impossible to do this without the support of a program such as Digital Main Street. It seems clear that businesses which have received the DMS funds prior to COVID-19 are doing better than those who are not getting it. We have heard from local downtown businesses who had the opportunity to receive the grant pre-pandemic, are still able to operate in the community, online – which seems to be virtually the only way to stay solvent. As one local business shared: “Prior to the COVID-19 health pandemic, we had taken steps to digitize many aspects of our business operations which included help from the Digital Main Street program. With our doors now closed and all face-to-face contact with clients suspended until further notice, our business would simply be suffering greater setbacks without some of these digital processes that we’ve put into place. The success of our business could not happen without the presence of a digital business strategy to help us get through events like today’s health pandemic.” (Isaac Musial, Partner & Wealth Advisor at Compass Wealth Partners, Oshawa, ON) As per the OBIAA letter, I hope you will reinstate or extend the Digital Main Street grant program to ensure these necessary grants can continue to support small businesses. Premier, there were programs that had been successful, yet were ended or cut before the pandemic. I urge you to consult with community BIAs, economic development folks, Chambers of Commerce and Boards of Trade to evaluate which of these programs ought to resume or be reimagined for this unprecedented business landscape. There must be strategies and programs that will not only meet the immediate needs and concerns, but will also see businesses through these times and into an uncertain future. Also, included in the Opposition’s March submission, the ONDP suggestion to create a remote- work set up fund for small-businesses continues to be an important ask. Another concern I would address in this letter is the need for clarification for businesses about curb-side pick-up. Information from the provincial government that is currently available to businesses– deemed essential or otherwise – is directly contradictory. There is a lack of clarity around contactless, curb-side pick-up restrictions, which has resulted in businesses choosing not to open out of fear that they will be fined. There are reports of businesses being fined when cities and municipalities interpret these government directions differently. A fine could bankrupt many of our local small businesses. However, the fear of fines does not seem to deter larger non-essential corporate stores across communities. 2/3 - 37 - The information is inconsistent. On the Ontario.ca FAQ page about essential businesses, curb -side pick- up among non-essential businesses is explicitly not permitted with numerous restrictions. However, Regulation 82-20 & Amendment 119-20 state that “Businesses are not precluded from operating remotely, etc.”. On behalf of small businesses not deemed essential, I am seeking fair consideration and clarification about curb-side pick-up. If indeed non-essential businesses are permitted, I would request that safety protocols and clear, consistent guidelines be established so small and main street businesses can safely offer and conduct contactless, curb-side pick-up in their communities. Small and main street businesses have always been the backbone of our communities. During this challenging time, and going forward, I look forward to working with you to support them, Sincerely, Jennifer French MPP Oshawa Enclosure cc: Kay Matthews, Executive Director Ontario BIA Association Amanda MacDonald, Executive Director Downtown Oshawa BIA Dan Carter, Mayor of Oshawa Minister Rod Phillips, Minister of Finance, MPP Ajax Minister Peter Bethlenfalvy, President of the Treasury Board, MPP Pickering Uxbridge Minister Laurie Scott, Minister of Infrastructure, MPP Kawartha Lakes - Brock Lorne Coe, MPP Whitby Lindsey Park, MPP Durham Minister Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs Catherine Fife, MPP Waterloo, Critic for Economic Growth and Job Creation John Henry, Chair of Durham Region Nancy Shaw, CEO Greater Oshawa Chamber of Commerce 3/3 - 38 - May 11, 2020 Honourable Justin Trudeau Prime Minister House of Commons Ottawa, ON K1A 0A2 RE: Request for Financial Assistance to Municipalities as a result of COVID-19 Dear Prime Minister, The current COVID-19 pandemic is an unprecedented challenge for all levels of government. The strong leadership from the federal government to limit the spread of the virus, manage the disease, and provide stability and reassurance during a difficult and unpredictable time is most appreciated. The pandemic has, however, negatively impacted our economies, businesses, workers and communities. It has also had a major impact on the finances of municipal governments, the front-line service provider and the backbone of our communities. The federal government has made a number of funding announcements to provide financial support related to the COVID-19 pandemic. The City appreciates these efforts to support our community. However, the impact to the City’s bottom line is significant due to lost revenues and increased unexpected expenditures. In addition to losses and costs already incurred, municipalities face unknowns when the pandemic curve is flattened and physical distancing measures are lessened or no longer in place. For example, will the public return to municipal facilities and enroll in programming and how many people will default on their property taxes or other payments? OSHAWA ONTARIO, CANADA MAYOR DAN CARTER OFFICE OF THE MAYOR CITY OF OSHAWA 50 CENTRE STREET SOUTH OSHAWA, ONTARIO L1H 3Z7 TELEPHONE (905) 436-5611 FAX (905) 436-5642 E-MAIL: mayor@oshawa.ca Corr. 14-20 - 39 - 2 As you know, municipalities budget for the costs to provide services and programming for the year ahead. Municipalities are not legally permitted to run deficits, nor do they have the borrowing capacity or the revenue tools of senior levels of government. I do not support running a deficit at the local level. A deficit simply puts the problem off for another year, which may result in a reduction of vital services. The alternative would be a double-digit property tax increase in 2021, which property tax payers could not absorb given the current economic climate. The City’s request is for the Federal Government to establish a straightforward, direct and flexible municipal financial assistance program to cover the additional costs and loss in revenue experienced by municipalities as a result of the COVID-19 pandemic. The funding would be an investment in essential front-line services and ensure that municipalities will be well placed to help drive Canada’s economic recovery. Thank you for your time and consideration. I would be pleased to answer any questions you may have. Regards, Dan Carter Mayor cc: Hon. Bill Morneau, Minister of Finance Hon. Chrystia Freeland, Deputy Prime Minister and Minister of Intergovernmental Affairs Hon. Omar Alghabra, Parliamentary Secretary to the Prime Minister (Public Service Renewal) and to the Deputy Prime Minister and Minister of Intergovernmental Affairs Erin O’Toole, MP Colin Carrie, MP Chair John Henry, Region of Durham Oshawa City Council Paul Ralph, Chief Administrative Officer, City of Oshawa Bill Karsten, President, Federation of Canadian Municipalities Durham Area Municipalities (Clerks) Large Urban Mayors' Caucus of Ontario (LUMCO) Association of Municipalities of Ontario (AMO) - 40 - May 11, 2020 Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 RE: Request for Financial Assistance to Municipalities as a result of COVID-19 Dear Premier, The current COVID-19 pandemic is an unprecedented challenge for all levels of government. The strong leadership from the Province to limit the spread of the virus, manage the disease, and provide stability and reassurance during a difficult and unpredictable time is most appreciated. The pandemic has, however, negatively impacted our economies, businesses, workers and communities. It has also had a major impact on the finances of municipal governments. The Province has made a number of funding announcements to provide financial support to municipalities related to the COVID-19 pandemic. The City appreciates this financial support. However, the impact to the City’s bottom line is significant due to lost revenues and increased unexpected expenditures. In addition to losses and costs already incurred, municipalities face unknowns when the pandemic curve is flattened and physical distancing measures are lessened or no longer in place. For example, will the public return to municipal facilities and enroll in programming and how many people will default on their property taxes or other payments? As you know, municipalities budget for the costs to provide services and programming for the year ahead. Municipalities are not legally permitted to run OSHAWA ONTARIO, CANADA MAYOR DAN CARTER OFFICE OF THE MAYOR CITY OF OSHAWA 50 CENTRE STREET SOUTH OSHAWA, ONTARIO L1H 3Z7 TELEPHONE (905) 436-5611 FAX (905) 436-5642 E-MAIL: mayor@oshawa.ca - 41 - 2 deficits, nor do they have the borrowing capacity or the revenue tools of senior levels of government. I do not support running any deficit at the local level. A deficit simply puts the problem off for another year, which may result in the reduction of vital services. The alternative would be a double-digit property tax increase in 2021, which property tax payers could not absorb given the current economic climate. The City’s request is for the Province to establish a straightforward, direct and flexible municipal financial assistance program to cover the additional costs and loss in revenue experienced by municipalities as a result of the COVID-19 pandemic. Such a program is urgently needed and would be an investment in essential front-line services that help keep the economy running and advance the Province’s economic recovery. Thank you for your time and consideration. I would be pleased to answer any questions you may have. Sincerely, Dan Carter Mayor cc: Hon. Rod Phillips, Ontario Minister of Finance Hon. Steve Clark, Minister of Municipal Affairs and Housing Jennifer French, MPP Lindsey Park, MPP Chair John Henry, Region of Durham Oshawa City Council Paul Ralph, Chief Administrative Officer, City of Oshawa Jamie McGarvey, President, Association of Municipalities of Ontario Durham Area Municipalities (Clerks) Large Urban Mayors' Caucus of Ontario (LUMCO) - 42 - Memo To: Susan Cassel City Clerk May 13, 2020 From: Tim Higgins Accessibility Coordinator Copy: Chief Administrative Officer Director, Community Services & Deputy CAO Directors Subject: Accessibility Advisory Committee 2019 Year End Report and 2020 Proposed Work Plan File: A-1410-007-20 The Pickering Accessibility Advisory Committee (AAC) is pleased to present its 2019 Year End Report and 2020 Proposed Work Plan. 2019 Year End Report The Accessibility Advisory Committee achieved the following in 2019: Meetings & Membership The Committee maintained its full authorized complement of 10, highly-qualified, diverse members throughout the year. As well, Ajax-Pickering Board of Trade provided a highly- qualified and engaged representative as a non-voting member of the Committee. In 2019, the Accessibility Advisory Committee held 7 regular meetings, normally on the second Wednesday of each month. Following a staff update on advisory boards and committees policies, terms of reference, and procedural by-laws that included considerations regarding quorum, conflict of interest, member turnover, delegations and reporting procedures, the AAC reviewed and endorsed the Committee’s revised Terms of Reference. AAC members participated in the Ministry for Seniors and Accessibility’s AAC member orientation webinar. Awareness Activities AAC members developed and led the presentation of the Committee’s 2018 accessibility accomplishments and its 2019 Work Plan to Pickering City Council in May 2019. The presentation profiled the AAC’s recommended accessibility priorities for 2019 and provided an opportunity for an exchange of information, issues and ideas on accessibility in the community. Corr. 15-20 - 43 - May 13, 2020 Page 2 of 9 Accessibility Advisory Committee 2019 Year End Report and 2020 Proposed Work Plan  AAC members participated in various City events including Your City/Artfest, Canada Day and the Durham Regional Police Children’s Games to raise awareness of accessibility issues in the community, engage/consult with the public on accessibility in Pickering, and to profile the City’s accessibility accomplishments. For example, o The AAC hosted a promotional tent and children’s train ride at the Canada Day event in Esplanade Park. This event provided an opportunity to further establish the committee’s profile with the public and engage with residents regarding accessibility challenges they may be experiencing or perceive.  An AAC representative attended the Pickering Cenotaph on Remembrance Day in 2019 to lay a memorial wreath on behalf of the Committee.  Fostered/promoted/supported submissions for local, Regional, and Provincial awards and grants to profile Pickering’s accessibility commitment and achievements. For example, o the AAC submitted a Durham Region Accessibility Award nomination with respect to Pickering’s 2019 Polar Plunge event which raised over $20,000 for the Ontario Special Olympics.  AAC Members attended a Holiday Lunch at the Pickering Islamic Centre on Sunday, December 8th.  AAC member, Anthony Lue, continued his training for the national qualifiers in Quebec City for the Canadian team going to the 2020 Tokyo Paralympic Games. Anthony invited committee members to follow him and his journey on anthonylue.com or on Instagram and Facebook.  An AAC member developed and delivered an accessibility-focussed TED Talk. Policies, Standards & Implementation  The AAC reviewed and provided input to the City of Pickering’s 2019 Accessibility Compliance Report to the Ontario Ministry for Seniors and Accessibility. Full AODA compliance was reported.  The AAC received several presentations from City staff, and provided advice regarding accessibility related capital projects. The AAC provided advice on the following City of Pickering planned improvements: o Whitevale Park - heritage picnic shelter rebuild o Facilities Wayfinding Study - to make City’s active and passive signage at the Operations Centre, the Recreation Complex and the Civic Complex consistent, cohesive, navigable and accessible while working within the City branding guidelines. o New Fire Hall and Headquarters - at Brock Road and Zents Drive to replace Fire Hall #5. o Seaton Neighbourhood Connector Trails – on a best efforts basis to meet AODA exterior paths of travel requirements where the existing terrain pe rmits.  The AAC provided advice on 2019 Canada Day preparations including management of temporary accessible parking, accessible bus routes/stops, and washrooms.  The AAC monitored new staff and volunteer training processes related to accessibility. - 44 - May 13, 2020 Page 3 of 9 Accessibility Advisory Committee 2019 Year End Report and 2020 Proposed Work Plan  The Committee reviewed and discussed issues raised in former Lieutenant Governor David Onley’s report to the Ontario Government on the AODA’s implementation progress.  City staff presented the AAC with plans for the Pickering Heritage and Community Centre to house program, archival and storage space under one roof. AAC members discussed mobility within the facility as well as surrounding accessibility features and provided advice.  The AAC monitored and provided accessibility advice regarding walkway reconstructions, sidewalk retrofits, new multi-use paths, installation of tactile plates at intersections, curb cuts, traffic light timing, snow clearing, parks, playgrounds, special event accessible parking, etc. For example, AAC members provided specific accessibility and safety concerns regarding pedestrian paths of travel and transit stops in the vicinity of Highway 2 and Whites Road.  Monitored new staff and volunteer training process related to accessibility.  The AAC provided advice on initial plans for a City of Pickering accessibility training/orientation tool for working with external contractors on City events.  The AAC monitored local, provincial, national and international emerging accessibility legislation, regulations, policies, best practices, products and services and considered adaptations for use in Pickering; for example, with respect to employment of people with disabilities.  The AAC’s staff representative briefed the AAC on the Ontario Network of Accessibility Professionals (ONAP) conference he attended in Lindsay on October 23rd entitled Accessible Education Towards Accessible Employment. The keynote address was delivered by former Ontario Lieutenant Governor David Onley and forum topics included: Universal Design Learning, Creating lnclusive Placement, Mental Health in the Workplace Life Experiences, and Workplace Accommodation.  AAC member D. Hughes provided periodic updates to the AAC with respect to Axess Condos Pickering to be developed at the intersection of Pickering Parkway and Valley Farm Road. For example, D. Hughes presented members with a video of an interview conducted with Global News showcasing the highly-accessible Pickering development.  Reviewed progress and planned for the 2020 update of Pickering’s 5-Year Accessibility Plan.  The AAC held various discussions and hosted guest presentations to explore issues and identify potential solutions with respect to residential accessibility and affordability.  The AAC monitored and discussed the emergence of the Rick Hansen Foundation’s accessibility certification program. An AAC member attended the Accessibility Professional Network (APN) 1st Annual Conference, arranged through the Rick Hansen Foundation. Consultation & Collaboration  Pursuant to AAC discussions in November 2018, a sub-committee of the AAC was established to develop information regarding the current rules and best practices with respect to service and support animals, and related issues, particularly as they impact municipal operation s and Durham businesses. Discussions were initiated with representatives of the Ministry for Seniors and Accessibility to explore a potential partnership that would initially help Ontario businesses, and subsequently inform service and support animal policy development by the Province. - 45 - May 13, 2020 Page 4 of 9 Accessibility Advisory Committee 2019 Year End Report and 2020 Proposed Work Plan  A Pickering resident appeared before the Committee to share his life experiences and challenges in dealing with complex cognitive disabilities. A Committee discussion ensued with members noting issues with respect to employment for the disabled, and the need to change the psychological barriers and stigma that preclude employment opportunities. Subsequently, Participation House Durham was invited to attend a future AAC meeting to discuss its programs for individuals with disabilities to help them acquire work skills.  A Pickering resident with visual challenges appeared before the Committee to discuss opportunities to strengthen inclusive culture in Durham. She discussed her negative personal experiences surrounding disability and alienation from the public. This topic resonated with AAC members who provided further examples of exclusionary behaviours they had experienced or witnessed. As an initial step, the resident was invited to participate in a Pickering Football Club/Trillium research study seeking to shift the Durham culture with respect to disability by fostering greater inclusion in the region’s recreation programs.  Collaborated and consulted with Regional and Provincial accessibility professionals and advocates, such as the Ontario Network of Accessibility Professionals (ONAP) to stay abreast of emerging issues and successful practices.  Provided advice and supported 2019 ONAP Conference hoste d by Durham Region and its network of municipal accessibility coordinators.  Monitored Regional AAC minutes and selectively participated in/attended Regional, Provincial, Federal and U.S. learning and networking opportunities related to accessibility.  Continued to liaise and consult with the Toronto Region Conservation Authority (TRCA), Parks Canada, and Altona Forest representatives to consider innovative methods of providing access to rugged, natural outdoor spaces. For example, o Parks Canada representatives appeared before the committee to provide information on accessibility features of trails at the Rouge National Urban Park such as trail head signage informing visitors about trail difficulty levels. Discussions ensued regarding specialized transit for seniors, rest areas, power stations to charge wheelchairs/scooters, and accessibility for visually/cognitively impaired individuals.  AAC received a presentation from CNIB community ambassadors and its partner, the Pickering Public Library. o The Pickering Public Library has formed a partnership with the CNIB Phone It Forward Program, which asks for gently-loved smartphones to be donated. The smartphones are wiped to the highest data security standards, loaded with accessible apps, and provided to people with sight loss who need them, along with technical training, discounted maintenance, and data plan support. Donors receive a tax receipt. Displays with full details can be found at both the Main and George Ashe Library branches. o Further discussion ensued regarding some of the services the Library provides for the hearing impaired such as the Home Library Service which provide audio books and materials along with portable Wi-Fi; and the Maker Space that can quickly and inexpensively convert documents into alternate formats. o The library is reaching out to their community partners to help develop further partnerships for CNIB. o The CNIB representatives provided information on CNIB’s BlindSquare navigation program. - 46 - May 13, 2020 Page 5 of 9 Accessibility Advisory Committee 2019 Year End Report and 2020 Proposed Work Plan  Provided planning advice, supported, promoted and attended the 2019 35th Annual Durham Regional Police Children’s Games held on Saturday, October 26th for disabled youth between the ages of 5 and 18. The City of Pickering has actively partnered since 1985 with Durham Regional Police Services, Grandview Children’s Centre, the March of Dimes and other community partners to host this annual inclusive event for young athletes with physical disabilities at the Chestnut Hill Developments Recreation Complex.  In December 2019, the AAC members met jointly with Pickering’s Accessibility Core Staff Team for the AAC’s annual festive Meet & Greet to team-build, share information and network.  Members attended and provided input to the Metrolinx Navigation Consultation at the Pickering Go Station on January 23rd.  An AAC member was appointed to the Metrolinx Accessibility Advisory Committee becoming the only representative from Durham Region.  An AAC member attended a focus group meeting with respect to the Kingston Road Corridor Intensification study.  The AAC fostered/promoted/supported submissions for local, regional, provincial and federal awards and grants to profile Pickering’s accessibility achievements and commitment.  The AAC provided advice and support to the City of Pickering’s regionally-scoped camp staff training all-day inclusion workshop, as part of its Summer Camp Accessibility initiative hosted at the Chestnut Hill Developments Recreation Complex.  The AAC engaged with Durham Transit regarding concerns with delays for specialized transit customers crossing municipal boundaries.  Through its Ajax Pickering Board of Trade representative, the AAC regularly shared information and issues with the local business community. Site Plan Application Reviews  The AAC continued to work in collaboration with City planning staff through an ongoing site plan application review process to encourage the proactive integration of accessibility considerations into the City development. The AAC reviewed and provided accessibility advice with respect to the following site plans: o S 05/19 (Taunton Road) - sales pavilions for two builders Lebovic and Fieldgate located at Taunton and Burkholder. o S 06/19 (Icon Forest District) - semi-detached and town homes at the northwest corner of Finch and Altona. o S 08/19 (2620 Brock Rd.) - 30 stacked 4-storey townhouses off Brock, north of Dersan. o S 10/19 (Chartwell) - a 22-storey seniors’ residence consisting of seniors’ apartments, and assisted living at the southeast corner of Valley Farm and Kingston Roads. A related discussion was held regarding the need to re-evaluate the length of traffic lights for crossing at Valley Farm and Kingston Roads. - 47 - May 13, 2020 Page 6 of 9 Accessibility Advisory Committee 2019 Year End Report and 2020 Proposed Work Plan 2020 Proposed Work Plan As of March, the Accessibility Advisory Committee has achieved the following in 2020: Policies, Standards & Implementation  The AAC has monitored and provided accessibility advice regarding walkway reconstructions, sidewalk retrofits, new multi-use paths, installation of tactile plates at intersections, curb cuts, traffic light timing, parks, playgrounds, special event accessible parking, etc. For example, the AAC expressed concern over the traffic light timings. It was noted that sufficient time was not always provided to allow people with disabilities to cross Pickering intersections safely. To inform follow-up discussions with City and Regional staff, the committee listed several intersections where traffic light timing is a concern.  As an ongoing concern, the AAC has held various discussions and hosted guest presentations to explore issues and identify potential solutions with respect to residential accessibi lity and affordability.  The AAC reviewed and provided advice on a new Accessibility Checklist for Pickering Events.  The AAC reviewed and provided advice on a new “Respect the Space” brochure to encourage residents and visitors to respect Pickering’s accessible parking spaces.  Representatives of Participation House Durham attended the AAC meeting to discuss their range of programs to help individuals with disabilities acquire work skills and successfully pursue employment.  The AAC monitored new staff and volunteer training process related to accessibility.  The AAC has continued to monitor local, provincial, national and international emerging accessibility legislation, regulations, policies, best practices, products and services and considered adaptations for use in Pickering.  The AAC reviewed progress with respect to Pickering’s 5-Year Accessibility Plan 2016-2020, and planned for the 2021-2025 update of Pickering’s 5-Year Accessibility Plan. Consultation & Collaboration  At the January 27th, 2020 City Council Meeting, Council approved Report CS 08-20, to submit the Ontario Transfer Payment Agreement to the Province and to set in motion the City of Pickering Accessibility Advisory Committee’s Service & Support Animal Task Group. The project plan calls for hosting an Innovation Lab, development and publication of a Monograph , and a launch event to rollout out findings of the Task Group study.  Representatives of the Pickering Football Club’s (PFC) attended the AAC to present their new research project, funded by an Ontario Trillium Grant, which aims to investigate barriers associated with recreational and sport opportunities in the Pickering/Durham Region. PFC has identified a number of community groups who remain isolated from recreational opportunities due to barriers including newcomers, seniors, people with disabilities, LGBTQ, and indigenous populations. - 48 - May 13, 2020 Page 7 of 9 Accessibility Advisory Committee 2019 Year End Report and 2020 Proposed Work Plan  The AAC has continued to 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 successful practices.  An AAC member is currently working to obtain Rick Hansen Foundation certification and will be keeping the Committee up to date on the program and his progress.  An AAC member attended a Durham Region Accessibility Awareness Group Meeting to identify opportunities for collaboration and information sharing.  The AAC fostered/promoted/supported submissions for local, regional, provincial and federal awards and grants to profile Pickering’s accessibility achievements and commitment. For example, o AAC members identified several potential nominees for Pickering’s Civic Accessibility Award for Disability Issues; and, o The AAC supported a grant submission to JumpStart for a $20,000 renovation of the tot pool in the Chestnut Hill Developments Recreation Complex.  Abdul Macci, Pickering’s representative to the Durham Region Transit Advisory Committee attended the AAC to discuss a range of transit accessibility issues and to establish a basis for ongoing collaboration with the AAC to remove transit accessibility barriers and improve transit customer service for people with disabilities.  The AAC continued to engage with Durham Transit regarding concerns with delays for specialized transit customers crossing over boundaries to/from other municipalities.  The AAC hosted representatives of the CNIB who presented information on: o The CNIB Eyes Forward program which provides support to seniors who are experiencing limitations in conducting their everyday activities, and which plans to open a location in Pickering in September, 2020. o A program to donate cell phones to seniors and install a network of beacons to accommodate the navigation needs of visually impaired individuals. Site Plan Application Reviews  The AAC continued to work in collaboration with City planning staff through an ongoing site plan application review process to encourage the proactive integration of accessibility considerations into City development. To date in 2020, the AAC has reviewed and provided accessibility advice with respect to the following site plans: o Jerry Coughlan Health & Wellness Centre at 2580 Brock Road - This facility will be a treatment and learning centre for children with disabilities. o Site Plan Review - S01/20 - TriBro (movie) Studios to be located on the Durham Live property lying immediately southwest of the Pickering Casino Resort complex. - 49 - May 13, 2020 Page 8 of 9 Accessibility Advisory Committee 2019 Year End Report and 2020 Proposed Work Plan Adjusting to the COVID-19 Pandemic The Pickering Accessibility Advisory Committee plans to adapt its focus and methods in light of the pervasive impact and uncertain duration of the COVID -19 pandemic. Cohesiveness, engagement, morale and momentum of the Pickering Accessibility Advisory Committee can best be maintained by transitioning to a virtual meeting paradigm as long as social distancing remains in force. Pickering Accessibility Advisory Committee plans to address the following topics/issues during this uncertain period:  Promote awareness of, and advise on, information and resources for people with disabilities needing help during pandemic including: o emergency supports o virtual management of anxiety and mental health  Liaise with accessibility community of interest and stakeholders including Durham Region Accessibility Coordinators, Ontario Network of Accessibility Professionals (ONAP) etc. regarding emerging issues during the pandemic such as: o human rights of people with disabilities o accessibility of emergency communications o availability of mobility device repairs o DRT accessibility  Virtual teamwork with respect to the Service and Support Animal Initiative including: o finalization of the Transfer Payment Agreement with the Ministry for Seniors and Accessibility, and completion of Transfer Payment Ontario system setup o adapting project methodology o project research and analysis o monograph outlining and preparatory work o launch event planning o COVID-19 implications for use of therapy animals  Promote awareness of, and advise on City/regional COVID-19 initiatives such as: o virtual recreation programs under development such as the Garden Webinar Series o virtual Farmers' Market o Food Box o Care Mongers  Consult and collaborate on: o Pickering’s 5 Year Accessibility Plan  reporting on current plan expiring in 2020  development of new plan from 2021 onward o Planning Pickering compliance with AODA’s new communication/website accessibility standards coming into effect in January 2021 o Update to Standard Operating Procedure ADM 120 - Access to Recreation - 50 - May 13, 2020 Page 9 of 9 Accessibility Advisory Committee 2019 Year End Report and 2020 Proposed Work Plan Post-Pandemic Priorities As normal operations resume, the Pickering Accessibility Advisory Committee has identified the following areas of priority:  encouraging and highlighting further examples of accessibility excellence in City programs, services, and facilities especially in regard to the Pickering City Center Project;  customer oriented, accessible transportation is key given a large and growing population with disabilities;  improving walk-ability/roll-ability accessibility including intersection safety for people with disabilities;  promoting more accessible housing options and inventory;  facilitating employment opportunities for people with disabilities and showcasing related benefits to local businesses; and  completion of the Pickering Service and Support Animal Task Group initiative. Submitted on behalf of the Pickering Accessibility Advisory Committee members: Peter Bashaw, Pickering Accessibility Advisory Committee Member Bianca D’Souza, Pickering Accessibility Advisory Committee Member Saima Fatima, Pickering Accessibility Advisory Committee Member Donna Holmes, Pickering Accessibility Advisory Committee Member Daniel Hughes, Pickering Accessibility Advisory Committee Member Glenn Lang, Pickering Accessibility Advisory Committee Member Anthony Lue, Pickering Accessibility Advisory Committee Member Megan Thorpe Ross, Pickering Accessibility Advisory Committee Member Susan Wilkinson, Pickering Accessibility Advisory Committee Member David W ysocki, Pickering Accessibility Advisory Committee Member John McLellan, Ajax-Pickering Board of Trade Representative TH:th - 51 - ,oray For The Weekend Established 1973 To Members of Council: The Pickering Markets have been an incubator of small business in the Durham Region for almost 50 years, and in this trying time, we are struggling to stay alive, and in turn, save our 300+ vendors, over half of which are Durham region constituents. Our vendors have opened store fronts and developed into national chains (like Kitchen Stuff Plus) and The Market has been a long-term attraction to the City of Pickering. Our vendors are reporting sales that are down 30-40% from the last year and are struggling themselves to stay open and maintain their small businesses. Since COVID-19 was declared a pandemic, it resulted in increased operational costs, with The Markets doing their best by hiring extra cleaning staff and providing sanitizer to all customers as well as gloves to vendors. It resulted in a lower customer turnout in January, February and March due to people being selective about their shopping habits and the constant reminder to stay home. We closed our doors March 15th (before the order from Provincial Government) in the belief that the health and safety of our vendors, staff, customers, and residents within Durham region was to be put first. We have laid off the majority of our staff, in an effort to try to keep our lights on and be able to reopen our doors and continue to be an attraction as well as a home to our small businesses. In the past few years, I have been asking for support from The City of Pickering with regards to the Market License fee (By-law 1887 /84). We are now asking that for the remainder of 2020, that this fee be reduced from the current $1,000/day to $100/day to allow us some financial relief once we get back to business. I thank you in advance for your consideration and we look forward to re-opening and continuing to be an attraction for The City of Pickering. Should you have any questions, please do not hesitate to contact me. Erik Tamm Managing Partner The Pickering Markets Erik@pickeringmarkets.com {905) 426-3387 X 223 Corr. 16-20 - 52 - 1 Virtual Town Hall with Premier Doug Ford Moderated by Deputy Mayor Michael Thompson In partnership with the Canadian Black Chamber of Commerce Friday, May 8th 2020 2:00pm-3:00pm via Cisco WebEx Meeting Transcript Participants: Michael Thompson-Deputy Mayor, City of Toronto (Deputy Mayor Michael Thompson) Doug Ford- Premier, Ontario Rod Phillips- Minister of Finance, Ontario Stephen Lecce- Minister of Education, Ontario Andria Barrett- President, Black Business and Professional Association (BBPA) Nadine Spencer- President, Black Canadian Chamber of Commerce Amanuel Melles- Director, Network for the Advancement of Black Communities Lori Anne Thomas- President of the Canadian Association of Black Lawyers Debbie Douglas- Executive Director, Ontario Council of Agencies Serving Immigrants Chantal Phillips- Youth Rep, Partnership & Accountability Circle Dr. Kofi Hope- Senior Policy Advisor, Wellesley Institute Welcome: Andria Barrett- Good Afternoon & Welcome. I'd like to start the meeting with a Land Acknowledgement by Amanuel Melles. Land Acknowledgement: Amanuel Melles Andria Barrett: On behalf of Deputy Mayor Michael Thompson and the Canadian Black Chamber of Commerce, we are delighted to welcome you to this Virtual Town Hall with Premier Doug Ford. My name is Andria Barrett, I'm the President of the Canadian Black Chamber of Commerce and on behalf of our members and the Black Business community, we would like to thank Deputy Mayor Michael Thompson for allowing us the opportunity to participate in this event. We are working collectively with the African Canadian Community, Black Business & Professional Association, Network for the Advancement of Black Communities and Partnership & Accountability Circle. Together we are the Black Economic & Leadership Network (BECL). Deputy Mayor Michael Thompson, is Chair of Toronto’s Economic Development Committee and a member of the Mayor’s Economic Support and Recovery task force. Now in his fifth term as Councillor, Michael has earned a reputation as one of Toronto’s hardest working and most effective political leaders. Deputy Mayor Michael Thompson: Welcome everyone to this virtual town hall with Premier Doug Ford. Thanks to everyone who submitted questions prior to the meeting. We’ve taken some of your questions and aggregated them to ask the Premier questions. Not all questions will be answered because of the limited time. The purpose of the town hall is for the black community to engage directly with the Corr. 17-20 - 53 - 2 Premier and his team to discuss topics that deal with our well-being as well as to ensure that the community and its businesses are included in the economic recovery from COVID-19. It is a challenging time for all people in Ontario. We have a strong leader in Premier Ford. He has worked tirelessly to ensure that all Ontarians remain safe in this difficult period. The Premier will be with us for half an hour. I feel honoured and privileged to have the Premier join us. It is my distinct pleasure to introduce my friend, and your friend, the honourable Doug Ford, Ontario’s Premier. Premier Ford: Thank you everyone for having me. I have known Deputy Mayor Michael Thompson for quite some time, worked hand in hand to make sure we put the City forward, and now I have a great friend and ally. He is taking care of the City and we’re taking care of the Province. This Province has gone through a massive pandemic and we are grateful for everyone’s support. Andrea, I want to thank you as well, for your leadership with your team along with the Deputy Mayor. Deputy Mayor Michael Thompson: Premier, you and I had a conversation on the 22nd of April where we talked with Dr. Kevin Scott regarding the issue surrounding the impact of COVID-19 on the black community and blacks in the US particularly the African American Community. I asked at that time if you’d consider looking at ways and means to collect socio-economic status data on the impact of COVID19 on the black community. Yesterday, there was a great announcement where you indicated that this is going to take place. Can you please comment on this? Premier Ford: Yes this is great news. I have to tell everyone that it is the Deputy Mayor that was pushing this. I put him on a call with the CEO of UHN, one of the largest research hospitals in the entire country, and with Dr. Smith. We brought in Dr. Smith because with any medical decision that we make, we have to ensure that we get the best medical advice. He brought that to the health table and now we’re going to do testing. We are going to be collecting race-based data. Also we have the anti- racism directorate who is also offering strategic advice upon Ontario’s racism data standard. What I’d really like is to get input from each of you to sit around the table. (Premier Doug Ford). Deputy Mayor Michael Thompson: Premier, I’d like to ensure that there is an opportunity for the Black Economic & Leadership Network (BECL) to be able to meet with the Ministers that you’ve assigned and give them an opportunity to be a part of this process as we deal with the post COVID19 recovery. I am looking forward to that. Premier Ford: Our Minister of Finance, Rod Phillips and Minister of Education Stephen Lecce along with MPP Christina Mitas are on this call and yes, absolutely, we’d be happy to meet with this group. Nadine Spencer: At this time, I’d like to acknowledge Justice Romain Pitt who passed away a week ago. He was one of the founding members of the Black Business and Professional Association. We are here on behalf of the more than 600 thousand Ontarians in the Black community. As you are aware, this pandemic has impacted the black population more significantly than other groups. Despite anti- Black racism, and the challenges we will face in a post-COVID 19 environment, Black businesses remain committed to grow Ontario's economy. How will you ensure that Black business professionals will be at the table in the recovery process? Is the province willing to invest in the creation of an Ontario Black Business Hub to support business and entrepreneurship services for Ontario's Black business communities? If you can’t make such an investment, what else can you do to help us establish it? Premier Ford: Thanks for your question Nadine. We are putting billions of dollars into businesses, reducing WSIB and lowering business tax by 8.75%. We allow restaurants to deliver, and beer, alcohol and wine stores remain open. The Federal Government has helped tremendously with $900 million - 54 - 3 relief on small businesses. Rather than paying full rent, 75%, of rent is covered. Where the black community can have opportunity is in procurement. We’ve put together a $50 million fund for companies to receive support with PPE’s; gowns, sewing machines, masks, face shields and hand sanitizers. We can’t rely on foreign government right now where the world has short supply. Andria Barrett: We would like to ask the Province to establish a social procurement strategy for Black Business that focuses on increasing capacity and removing barriers. We want at least 5% of the businesses in our community to be represented in procurement during COVID-19 Recovery & beyond. How can we work with your government to make it happen? Premier Ford: Hi Andria, thanks for your question. We are putting a program together next week with $9 million in support from the Federal government. One of the key areas I think everyone should be focusing on, is the $50 million Ontario together fund giving entrepreneurs and existing business owners the opportunity to supply PPE. This can definitely help any black businesses starting-up or even existing businesses. Go on our website and take a look. We are short on gowns right now. I told the procurement table, do you know how many people in Ontario own a sewing machine? Can you imagine if we did? We would be out of this problem. There are a lot of talented and smart people with ingenuity in the black community. They will be able to look at this fund and see what is appropriate for their businesses and we will support them in any way we can. Thank you, Andria for that question. Deputy Mayor Michael Thompson: Premier, we want to thank you very much for your continued leadership of Ontario. We want to wish you well and we are always ready to put all of our hands together as we talked about the 14 million Ontarians who are working very hard to defeat this virus. I want to thank you again for your time. We ask you to continue to lead us in this difficult period. Thank you. Premier Ford: Thank you so much Michael. Thank you for your true leadership in the City. Moving Toronto forward. Thank you for your leadership within the black community and your team, you’re absolutely incredible. I can’t wait till this is all over, and we can all work together. On a personal note, Andrea your community, the black community; I’m going to give all the credit to my brother Rob, who started that relationship and we’ve carried it on. I just have that special place in my heart and I want the black community to know that we will always have your back. We will never ever waiver, never! Thank you and God bless each and every one of you. I will now pass it over to my great Minister of Finance. Deputy Mayor Michael Thompson: Thank you Premier. Minister Rod Phillips is the Minister of Finance in Ontario. He is no stranger to the community and I’ve had the pleasure of working with him at the municipal level and we continue to work together, Minister Philips welcome. Minister Phillips: Thank you Michael, I know we don’t want to give away our mutual ages but we have been working together for the last 20 years in terms of local government. The Deputy Mayor is a great leader in Toronto and I really appreciate him. It’s great to have this chance Andria to be back, I was checking my calendar, I think I spoke at the Fireside chat that you hosted with the Black Chamber on February 27th and of course that seems like much more than a few months ago. I remember then we were talking about the budget and what we’d be able to do to encourage employment and opportunities in the Black community and the Black chamber. I remember the work you were doing around the credit union and the focus on the black community. Credit unions are one of the responsibilities I have as a Minister of Finance, so I remember a snowy day in February where we got together and had a conversation. I appreciate you creating an opportunity for this kind of conversation - 55 - 4 again in the circumstances that we’re in, obviously very challenging. I am happy to be here along with Minister Lecce. Lori-Anne Thomas: Black Ontarians face higher incarceration rates. If we want to reduce recidivism, we must provide those leaving the system with culturally appropriate assistance. What will your government do to support funding and increase the capacity of organizations helping those leaving incarceration with a culturally responsive approach? Minister Phillips: Minister Lecce is on as the Minister of Education. Just before he speaks, one of the things that we as a government want to do is make sure that we are providing opportunities for individuals to come back together via the workforce. I want to ensure that we have a vibrant economy for people to be able to operate. With regards to specific programs, I will now turn your question over to Minister Lecce. Minister Lecce: Thank you Minister Phillips, I want to thank everyone in the black community in our Province and the country. We are so grateful for the work you’ve done and the compassion extended for those in need. I’m reminded by a dear friend of mine, in my neck of the woods, who has been providing food, PPE’s to community partners including long term care homes. One of the things we want to do, is to provide opportunities for people to get back into the work force, making sure there is a vibrant economy. One of the ways to reduce that recidivism rate is, we do not want to see especially young kids enter any elements outside of what we aspire to for every child: a good education, graduation and a good paying job. The Minister spoke about economic participation. Given that black Canadians in the province have faced twice the rate of unemployment, we argue that this is unacceptable. We have to continue to strive together and give our young people hope and economic opportunity. In respect to dealing with the recidivism rate which as you mentioned is high, there’s an Ontario Young Black Youth action plan that is funded through the Assistant General Office which provides culturally appropriate action to ensure that young people who were incarnated and who were on a dangerous pathway, get out of that life and into a job. That’s a $10 million commitment which that Minister has maintained. I think hearing it today will allow the opportunity to continue strengthening those programs and help get a lot of young people back on the right track. Debbie Douglas: While all Ontarians have been impacted by emergency measures, many in black communities have faced an impact especially black owned businesses and black focused service organizations have been particularly hard hit. What are your plans to ensure that Ontarians post pandemic recovery planning is inclusive specifically, will you commit to include Black Ontarians at key advisory tables like the Provincial Economic Recovery Task Force? Will you support and implement a stabilization fund for the non-profit and charitable services sector? Minister Phillips: Thanks Debbie, great questions and I appreciate the work that you do. We are absolutely including black Canadians in leadership roles in terms of the consultation process. We have set up the groundwork for consultation tables. Dozens of them are being established now to make sure that we understand the economic impact. We’re inviting not just government members, but all members of the legislature. So all the MPPs, including our friends in opposition, will be leading community consultations. These consultations will look at community impact. We don’t want to look at some parts of the problem, we want to look at all parts of the problem in terms of the impact. To your point about the charitable not-for-profit sector, as the person chairing this committee I know that the sector is a critical part of the social and economic infrastructure of our Province. I am working directly with Minister Todd Smith, so while other Ministers are chairing round tables, Minister Smith and I are leading that to make sure that we understand all of the impacts. Many of you will recall that in March, - 56 - 5 we cancelled the budget and delivered a one year financial statement because we couldn’t reasonably see what was going to happen beyond the year, but we wanted to be transparent with people. On November 15th we will be having a full budget and so all these things will feed into that budget. Chantal Phillips: The provincial government has championed access to mental health services and programs including a $20million investment announced in March. However, Studies show that gaining access to culturally appropriate mental health supports and services is difficult for Black Ontarians. For example black youth wait twice as long than white youth for mental health treatment. Will your government explore funding culturally responsive Black mental health services and programs in particular during COVID and during our recovery response? Minister Phillips: Michael A. Tibollo, our Associate Minister of Mental Health, has posed this question many times at the table and in discussions that led up to the creation of our response to COVID. In addition to an investment of $3 billion in partnership with the Federal Government, we’ve added $12 million dollars of short term specific supports to mental health outreach and it continues to be one of the areas that we are looking at. The factors associated with social isolation and socio-economic issues affecting our community. Minister Lecce: Thank you Chantal for your questions. This is important for all people in particularly our young people. We are committed to supporting especially our young students who are affected by pressures dealing with COVID-19. On the macro level, the Province has more than doubled mental health funding, taking it to a historic high. I know that there is more to do. In education, we’ve more than doubled that funding by investing $4 million dollars. We’ve hired over 180 Psychologist and Psychotherapists within the school boards. I have instructed in the clearest terms that under the current reality of being at home, those EAs and support services need to be unlocked immediately even if it’s to provide virtual care. When it comes to culturally appropriate supports, there is a program within the Ministry of Health - the Graduation Culture for Black students program - which is a $1.5 million investment that provides mentorship and supports in dealing with the systemic challenges that often impedes some progress for these students. That program is working. I am working closely with my Associate Deputy Minister Patrick Case, who is an incredibly well-known black leader in the community. As Minister Philips said, all of us are committed to seeing this through. Dr. Kofi Hope: Unemployment among Black Ontarians, especially young people, is consistently twice the provincial average. The child poverty rate in Toronto is 3 times that of non-racialized families. As the province develops its new poverty reduction strategy, are you considering collaboration with the City of Toronto’s Poverty Reduction Strategy? More specifically, will you explicitly name Black communities as a priority population? Minister Phillips: Dr. Hope, thank you for the question and for the work that you do. It is interesting during these times with COVID, one thinks that nothing else is discussed. I’ve had some conversations with Mayor Tory about the work that they’ve been doing in the City of Toronto as well as what the Deputy Mayor has done in that regard. We are of course interested in collaborating and I don’t want to pre-stage what programs Minister Smith is going to be coming forward with. I can tell you that he has been consulting about the content of those programs. We are absolutely, as a government, sensitive to the realities on the grounds as well as unemployment in the black community. That isn’t my ministry, so I don’t want to pretend to know details about what our colleague Mr. Smith is doing. But what I will tell you is we are working closely with the City of Toronto and we see that the ground that they have covered there is effective and we want to take advantage of that and when we bring the strategy out we - 57 - 6 want to make sure that it is effective. One of the things that we have learned is to listen in advance of when we put things together, after we’ve put things together and when we get feedback on what does and doesn’t work. Minister Lecce: I would like to thank Dr. Hope for the message. I think in my realm as the Minister of Education, I just want to affirm to everyone on the call that we are all for Rod and the Premier, we are all very aware of the systemic challenges that are impeding the progress of black children and we are prepared to use language like combatting anti-black racism in this Province. We know it exists and I think a lot of those early interventions or the lack thereof, could lead to some of the data points you cited. It starts in the early years and we as a government will confront it and you probably are all aware of the actions that the government is taking in the midst of it all and in the outbreak within the Peel Public School Board. We have a zero tolerance for these types of actions, I am really hoping that working with you and continuing to take your advice, we can change the culture of governments of all parties at all levels to better serve our children to enable them success, so that we don’t exasperate what so many of our parents have said is a generation of failure or insufficiency when it comes to moving forward for these kids. We are totally committed to seeing an improvement and that’s the metric I’d like to be measured by. How do we get these students a higher rate of graduation or reduce rate of suspension and get them in a pathway to jobs. Deputy Mayor Michael Thompson: Thank you Minister Leece and I just want to add that the City of Toronto, through its Confronting Anti-black Racism unit, is doing great work addressing some of the issues facing the community. I see this as an opportunity to collaborate with the Province in the work that you’re doing because in that unit, Anthony is the Manager, and the team there has just been doing amazing work. We are looking forward to the collaboration. I’d now like to ask my counterpart and colleague in Scarborough Centre, Christina Mitas to say a few words. MPP Christina Mitas: Thank you for having me join this call. By now we are very aware that the challenges, restrictions and difficult choices that we faced in handling COVID have come at a great cost. Closing businesses and restricting movement have been a difficult pill to swallow. None of this would be possible without the leadership of Premier Ford, and I’m happy we had him on call from day one. He has demonstrated a single commitment to battling COVID head-on. He has done the best he can in a very difficult situation. Ontario was not ready for this, but he was the right man at the right time, so thank you Premier Ford for your dedication and hard work. I have been listening very intently to the questions and concerns expressed during this call. I want to say that right now, it is so important that Ontarians from all walks of life stick together and work together to ensure that Ontario is going to thrive and our businesses and our people are able to function again normally. Let’s work together and focus on becoming a more self-sufficient province that prioritises the well-being and success of all Ontarians. Calls like this are very important. The best way to come out of this is through the power of people, so I pledge to do all that I can to help the black community and all of Ontario. Let’s stick together through this difficult time and we will all get through this. God bless everyone. Councillor Cynthia Lai: Thank you Deputy Mayor Thompson for inviting me to participate in this virtual town hall and also thanks to all the people that have tuned in here. You care enough to try to communicate with the community leaders and I appreciate the time you spent to be here. Also, for the Premier and MPPs on this call and the ministers, I’ve heard nothing but praise for what you’ve been doing throughout this pandemic. Your hard work and tireless efforts and your leadership is just unprecedented. As a member of the Mayor’s Economic Recovery taskforce, I am focusing on leading the ethnic community. We know that Toronto is a very inclusive City and we really want to make sure that - 58 - 7 we listen to the needs of all or our different communities. With Malvern being part of my ward, I have been trying very hard to reach out to the Black Canadian community and trying to listen to their needs and see how I can help. I’d like to express my thanks to Deputy Mayor Thompson for taking me under his wing. His mentorship and leadership on council have helped me learn a lot about how to care for the community. In closing, we’ve learnt so many new ways of life during this pandemic, one of which is to meet virtually, and it’s so time efficient and I’m hoping that I can host some these meetings in my community with the Premier and Ministers. Its only by working together we can get through this pandemic, come out stronger and better, stay safe and keep well. Thank you very much again Deputy Mayor Thompson. Amanuel Melles: Thank you Deputy Mayor and thanks to Premier Ford and the team in Government, Ministers Phillips and Lecce. I think it is very important for us to come together today to have a conversation about the black community with our Province. What we did as a preparation to this call, was to submit our questions to the Province and I think one of the things we will have as a follow up, because of the quality of the call, we may want the Province to send a written reply. We will be issuing a report out of this discussion and we have also sent ahead of this meeting, a brief that we will also be releasing after this report. We have covered a lot of issues from race-based data, black businesses, entrepreneurship and economic development to incarceration, mental health and the need to ensure that the black community participates in the Province’s recovery. We have heard from the premier about the value of the participation of the black community, and there were some good comments made in terms of support for black businesses. We are delighted that the province has embarked on a decision to collect race-based data. I was pleased to hear Mr. Lecce make reference to Ontario Black Youth Action plan as you know there are more than 70 black organizations in 80 cities in Ontario. The fact there is support in the stabilization fund for not for profits and we have a lot of black focus, black serving organizations that require support during this period. Around job recovery, we got some good commitment and support from the Finance minister and others. We understand the need of supporting vulnerable communities and made it clear that it is critically important that the black community is considered as a priority population. Mr. Lecce’s comment about combatting anti-black racism is very important. Minister Philips: Thank you everyone, particularly Councillor Lai, it is great to see you. Deputy Mayor Thompson and of course it’s always great to see my colleagues. Most importantly, it’s great to see everyone else and to have a frank and wholesome discussion. This is my second opportunity to meet with the black chamber and I look forward to the third. Let’s see how we can keep the progress going and make sure that our efforts in government, as the Premier said, do a good job of serving everybody. All of us have to make sure we thank somebody in this crisis whether it’s a health care worker, or it’s someone driving a bus, or a government worker keeping us safe. There’s a lot of people working very hard right now so that we can start to reopen the economy when it’s safe. It’s been really good for us to see who counts in a crisis. Be thankful to frontline workers. And Michael, it’s always a pleasure working with you. Minister Lecce: I just want to thank you Deputy Mayor Thompson and the entire team for the opportunity to listen and to share. We are very blessed to live in this country where all levels of government are working together with one mission: the safety of our people and the economic recovery of our country. We have a lot of faith in the people we represent. Your hard work and commitment will get us through this. I would love to hear more from you, especially the young people like Chantal who shared some really valuable perspectives. I look forward to hearing and learning from you. - 59 - 8 Deputy Mayor Thompson: Ladies and Gentlemen, I would like to thank the Premier and Ministers Philips and Lecce for joining us, and express my gratitude for the collaboration of so many members of the community. Thanks especially to the Canadian Black Chamber of Commerce, BBPA and leadership by Nadine Spencer and Andria Barrett for the black Chamber. I also want to thank the Network for the Advancement for black communities, Amanuel Melles who represented the group, as well as the accountability partnership. This is a great opportunity for us to join hands so we don’t leave any one group behind. We want to make sure all of our skill sets are put to use. Thanks to everyone who asked questions and provided their input on the issues that are facing the black community. In the best of times, black businesses do not do fully prosper, and in the worst of times they do worse. We need to change the narrative of the past, and seek a future with new opportunities. We must focus our attention on the particular challenges faced by the black community. We need a powerful Black Economic and Community Leadership Network that works with the Province to provide a flow of information to the Premier and other leaders at Queens Park. Ideas informed by this input can flow back to the community in the form of action-oriented initiatives that ensure that our youth are not considered a distant narrative, but an important part the Province’s march toward prosperity. I want to remind everyone that this coming Sunday is Mother’s Day, I want to wish all our mothers a Happy Mother’s day. Thank you very much for taking the time to join us today. I want to encourage everyone to continue to practise social and physical distancing, stay safe, stay healthy, god bless you have a great weekend . Next Steps: The Black Economic & Leadership Network (BECL) will provide Premier Doug Ford with a briefing note resulting from the Virtual Town Hall and follow up on commitments made by all Provincial members on the call. - 60 - Memo To: Deputy Mayor Ashe Members of Council May 19, 2020 From: Susan Cassel City Clerk Copy: CAO Subject: Appointment of Alternate Member to Upper Council under Section 267 of the Municipal Act, 2001, S.O. 2001, c. 25 File: A-1440 At its meeting on December 10, 2018, by Resolution #21/18, Councillor Maurice Brenner was appointed the Alternate Member to the Council of the Regional Municipality of Durham under Section 268 of the Municipal Act, 2001, S.O. 2001, c. 25 and the City’s Procedure By-law. On March 18, 2020, Pickering Council adopted Resolution #259/20 to request that the duties of Councillor Brenner, as the appointed alternate member on Regional Council, be expanded so that he could fully participate in both Regional Committee and Council meetings in Mayor Ryan’s absence (Attachment #1). In speaking with the Region, and due to the fact that Mayor Ryan’s absence exceeds one month, it has been requested that the appointment of the alternate member be clarified and appointed specifically under Section 267 of the Municipal Act. Under the Municipal Act, the appointment of an alternate member, to the upper tier council, is accomplished under either Section 267 or 268 which states: Temporary vacancy 267 (1) If a person who is a member of the councils of a local municipality and its upper -tier municipality is unable to act as a member of those councils for a period exceeding one month, the local council may appoint one of its members as an alternate member of the u pper-tier council to act in place of the member until the member is able to resume acting as a member of those councils. 2001, c. 25, s. 267 (1). Temporary replacement, member of upper-tier council 268 (1) Subject to subsection (2), the council of a local municipality may appoint one of its members as an alternate member of the upper-tier council, to act in place of a person who is a member of the councils of the local municipality and its upper-tier municipality, when the person is unable to attend a meeting of the upper-tier council for any reason. 2017, c. 10, Sched. 1, s. 31. Limitation (2) Subsection (1) does not authorize, Corr. 18-20 - 61 - May 19, 2020 Page 2 of 2 Appointment of Alternate Member to Upper Council under Section 267 of the Municipal Act, 2001, S.O. 2001, c. 25 (a) the appointment of more than one alternate member during the term of council; (b) the appointment of an alternate member to act in place of an alternate member appointed under subsection 267 (1) or (2); or (c) the appointment of an alternate head of council of the upper -tier municipality. 2017, c. 10, Sched. 1, s. 31. Other temporary replacement (3) Despite clause (2) (a), if the seat of the member who has been appointed as an alternate member under subsection (1) becomes vacant, the council of a local municipality may appoint another of its members as an alternate member for the remainder of the council term. 2017, c. 10, Sched. 1, s. 31. The appointment of alternate member under Section 268 is intended for sporadic absences and in accordance with the Region’s Procedures, alternate members appointed under Section 268 may only participate in Regional Council Meetings. In order for Councillor Brenner to be able to participate in both Regional Committee and Council meetings, the Region of Durham has advised that the appointment must be made under Section 267. In order to give effect to this, the following recommendation is provided for Council’s consideration: 1. That Councillor Maurice Brenner be appointed as the alternate member to the Council of the Regional Municipality of Durham in accordance with Section 267(1) of the Municipal Act, 2001, S.O. 2001, c. 25, in order that his duties may include attendance and voting rights at Committee of the Whole and any Standing Committee that Mayor Ryan has been appointed to and any other duties afforded to a Regional Councillor for the remainder of the term (November 14, 2022) or until such time that Mayor Ryan is able to resume his duties, whichever comes first; and, 2. That a copy of this Resolution be forwarded to the Regional Clerk of the Regional Municipality of Durham to give effect thereto. In preparing this memo and recommendation, the Region of Durham was consulted to ensure the motion wording would be sufficient to give effect to the City’s intent for Councillor Brenner’s participation in both Committee and Council meetings. Sincerely, Susan Cassel Attachment # 1 - NOM Motion to Authorize Mayor Ryan’s absence and to Appoint a Deputy Mayor and Alternate Deputy Mayor - Letter - 62 - Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 T. 905.420.4611 | F. 905.420.9685 | Toll Free 1.866.683.2760 | clerks@pickering.ca | pickering.ca Sent By Email March 19, 2020 Ralph Walton Regional Clerk/Director of Legislative Services clerks@durham.ca Subject: Re: Motion to Authorize Mayor Ryan’s absence and to Appoint a Deputy Mayor and Alternate Deputy Mayor File: A-1400-001-20 The Council of The Corporation of the City of Pickering considered the above matter at a meeting held on March 18, 2020 and adopted the following resolution: Whereas Section 259 (1) of the Municipal Act, 2001, provides that the office of a member of council of a municipality becomes vacant if the member, in part, is absent from the meetings of council for three successive months without being authorized to do so by a resolution of council; And Whereas Section 242 provides that a municipality may, by by-law or resolution, appoint a member of the council to act in the place of the head of council or other member of council designated to preside at meetings in the municipality’s procedure by-law when the head of council or designated member is absent or refuses to act or the office is vacant, and while so acting such member has all the powers and duties of the head of council or desi gnated member, as the case may be, with respect to the role of presiding at meetings; And Whereas City of Pickering Policy ADM 045 provides for the definition of a Deputy Mayor and outlines the process in which a Deputy Mayor is appointed; And Whereas the Province of Ontario has declared a state of emergency due to the COVID-19 Pandemic and the City of Pickering has subsequently opened its Emergency Operations Centre, as there is a critical need to ensure the continuity of leadership and key decision making to allow critical business and operations to continue and also ensure that the best interests of residents and the community are looked after during this unprecedented time of crisis and uncertainty; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Authorizes Mayor Ryan to be absent from meetings of Committee and Council beyond three successive months; Corporate Services Department Legislative Services - 63 - Motion to Authorize Mayor Ryan’s absence and to Appoint a Deputy Mayor March 19, 2020 and Alternate Deputy Mayor Page 2 of 2 2. That notwithstanding the provisions of Policy ADM 045, Council Appointments to Committees, Councillor Kevin Ashe be appointed as Deputy Mayor for the remainder of the term until November 14, 2022 and while so acting as the Deputy Mayor, shall have all the powers and authorities of the Mayor; 3. That in the event that Deputy Mayor Ashe is unable to act, that Councillor David Pickles be appointed as the alternate Deputy Mayor, with all the associated powers and duties, until such time that Deputy Mayor Ashe is able to resume his duties; 4. That Councillor Maurice Brenner continue as the appointed alternate member to the Council of the Regional Municipality of Durham in accordance with section 04.09 of the City’s Procedure By-law; and, that the Council of the Regional Municipality of Durham be requested to expand his duties to include attendance and voting rights at Committee of the Whole and any Standing Committee that Mayor Ryan was appointed to and any other duties afforded to a Regional Councillor for the remainder of the term (November 14, 2022) or until Mayor Ryan is able to resume his duties, whichever comes first; and, 5. That a copy of this Resolution be provided to the Regional Clerk of the Regional Municipality of Durham. Should you require further information, please do not hesitate to contact the undersigned at 905.420.4660 extension 2019. Yours truly Susan Cassel City Clerk SC:rp Copy: Chief Administrative Officer - 64 - LUMCO Ontario’s Big-City Mayors Mayor Cam Guthrie, LUMCO Chair • City of Guelph • 1 Carden Street • Guelph ON N1H 3A1 • mayor@guelph.ca • 519-837 -5643 May 14, 2020 Sent via e -mail to justin.trudeau@parl.gc.ca and premier@ontario.ca The Right Honourable Justin Trudeau Prime Minister of Canada 80 Wellington Street Ottawa, ON K1A 0A2 The Honourable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 Dear Prime Minister and Premier: Ontario’s Big City Mayors are grateful for the leadership and cooperation shown by the federal and provincial governments in supporting our residents through the COVID -19 crisis. At a meeting of May 14, 2020, the Large Urban Mayors’ Caucus of Ontario (LU MCO) passed the attached resolution urging your governments to bring that same approach to supporting municipalities facing unprecedented fiscal challenges as a result of the COVID -19. LUMCO encourages and supports the approach proposed by the Ontario gov ernment of providing immediate financial relief to municipalities in a manner similar to other programs already 100% funded by the Governments of Canada and Ontario to support individuals and businesses. These efforts will need to be sustained over time. LUMCO Mayors have proposed a three -phased approach to enable cities to recover from the COVID -19 crisis, which includes: 1.Relief: Immediate financial relief for municipalities facing fiscal pressure as a result of reduced revenues, with a focus on addressing the projected $415 million revenue loss from April to June in transit systems that serve LUMCO municipalities 2.Recovery: A comprehensive recovery plan to address COVID -related impacts for municipalities as they work to reopen the economy, and Corr. 19-20 - 65 - LUMCO Ontario’s Big-City Mayors Mayor Cam Guthrie, LUMCO Chair • City of Guelph • 1 Carden Street • Guelph ON N1H 3A1 • mayor@guelph.ca • 519-837 -5643 3. Reform: A longer-term partnership agreement between municipalities and the federal and provincial governments to re -align capital and service delivery responsibilities with sustainable revenue streams for the future. Our cities have worked hard to ensure the continuity of the services our residents rely on every day, but that effort has come with increased costs, even as revenues have declined. Municipalities plan for and deliver balanced budgets every year, but thi s is a crisis without precedent. We urgently need financial assistance from senior governments who alone have the fiscal capacity to manage this scale of economic disruption. In the days ahead, LUMCO looks forward to continuing to work constructively with its partners at the provincial and federal governments and to positive announcements of support for Ontario’s municipalities. Sincerely, Cam Guthrie Chair, Large Urban Mayors’ Caucus of Ontario Mayor, City of Guelph cc: The Honourable Chrystia Freeland, Deputy Prime Minister of Canada The Honourable Rod Phillips, Minister of Finance The Honourable Steve Clark, Minister of Municipal Affairs and Housing Association of Municipalities of Ontario Federation of Canadian Munici palities Mayors and Regional Chairs of Ontario - 66 - LUMCO Ontario’s Big-City Mayors Mayor Cam Guthrie, LUMCO Chair • City of Guelph • 1 Carden Street • Guelph ON N1H 3A1 • mayor@guelph.ca • 519-837 -5643 May 14, 2020 WHEREAS the Governments of Canada and Ontario have been working cooperatively throughout the COVID -19 crisis to support Canadians; AND WHEREAS the Governments of Canada and Ontario have worked swiftly to provide urgent relief to people and businesses to enable them to stay solvent and to lay a foundation for future economic recovery; AND WHEREAS Ontario municipalities are facing plummeting revenues and surging costs as they work on the front lines of this crisis to protect health and maintain critical services; AND WHEREAS the Large Urban Mayors Caucus of Ontario (LUMCO) represents Ontario’s 29 largest cities with nearly 70% of Ontario’s population; AND WHEREAS LUMCO members are pleased that Premier Ford has said the Province of Ontario will be at the table to support municipalities; AND WHEREAS the Government of Canada has greater fiscal capacity and tools than any other level of government to provide relief in this crisis; AND WHEREAS LUMCO has urged the federal and provincial governments to support municipalities with a three point plan that includes immediate relief, medium-term recovery, and long -term reform; AND WHEREAS LUMCO remains steadfast in its support for the Federation of Canadian Municipalities’ call for federal emergency operating funding; THEREFORE BE IT RESOLVED that LUMCO encourages and supports the approach as proposed by the Ontario Government to provide immediate financial relief to municipalities for COVID -19 – related expenses and lost revenues, in a manner which is similar to other programs already fully (100%) funded by the Governments of Canada and Ontario to support individuals and businesses throughout the COVID -19 crisis; AND BE IT FURTHER RESOLVED that LUMCO urges Premier Ford and Prime Minister Trudeau to come to the table quickly and provide urgent relief to municipalities so that they can maintain solvency and continue to provide vital services to Canadians. - 67 - Report to Council Report Number: BYL 02-20 Date: May 25, 2020 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Deferral of Implementation of Accessible Service Supplement Fees Vehicle for Hire By-law -File: L-2200-01-20 Recommendation: 1.That Report BYL 02-20 respecting a deferral of the implementation of the Accessible Service Supplement enacted in the Vehicle for Hire By-law 7739/20 be received; 2.That the implementation and collection of the Vehicle for Hire Accessible Service Supplement be deferred until January 1, 2021; and 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The City’s Vehicle for Hire By-law 7739/20 was enacted on February 24, 2020. Included in the By-law is an Accessible Service Supplement to be paid by all vehicle for hire license holders that do not provide accessible service. The Accessible Service Supplement will be used to fund an Accessible Taxicab Incentive Program, as outlined in Section 93 of the Vehicle for Hire By-law. Based on the current economic challenges faced by the Vehicle for Hire industry caused by the COVID-19 pandemic, staff are recommending deferring collection of the Accessible Service Supplement until January 1, 2021. Financial Implications: Deferral of the Accessible Service Supplement will have no impact on the City’s expenses or revenues for the budget year 2020. The Accessible Service Supplement was not budgeted as revenue for the City in 2020. In the initial report to Council regarding the Vehicle for Hire By-law, staff estimated that approximately $28,000.00 would be generated annually through the Accessible Service Supplement. This was based on a 7 cent per trip fee to be paid by Personal Transportation Companies, as well as Accessible Service Supplements applicable to Taxicab Brokerage fees of $2,500.00 and Taxicab Plates of $75.00 per plate. Deferring the collection of the Accessible Service Supplement will delay the implementation of the Accessible Taxicab Incentive Program, however, the financial pressures on the Vehicle for Hire industry call for some type of financial relief at this time. Deferral of the Accessible Service Supplement will assist the industry as it recovers from the financial impact of the pandemic. - 68 - BYL 02-20 May 25, 2020 Subject: Deferral of Implementation of Accessible Service Supplement Fees Vehicle for Hire By-law Page 2 Discussion: The Vehicle for Hire By-law prescribes an Accessible Service Supplement fee to be applied to all vehicle for hire license holders that do not provide accessible services. Fees charged in relation to the Accessible Service Supplement are as follows: 1.Personal Transportation Companies (PTCs) are subject to a 7 cent per trip fee; 2.Taxicab Brokerages, that do not have at least 10 percent of their fleet as accessible vehicles, must pay $2,500.00 per year; and 3.Individual Taxicab Plate Licensees, that are not affixed to an accessible vehicle, must pay $75.00 per year. The funds raised through the Accessible Service Supplement are to be used to fund an Accessible Taxicab Incentive Program. Section 93 of the Vehicle for Hire By-law indicates that the Accessible Taxicab Incentive Program may include, but is not limited to: i)requirements for grant or incentive eligibility; ii)criteria for receiving any incentive or grant; iii)the amount and frequency of the disbursement of any incentive or grant, including pro-rated or discretionary amounts; iv)sanctions, including reductions in the amount of any incentive or grant for non - compliance with the conditions of the program; and v)reporting or auditing requirements for brokerages, PTCs, and Taxicab Plate Licensees. The Accessibility Advisory Committee, City staff and the Vehicle for Hire Advisory Committee are tasked with determining how the fund may be best utilized to improve acc essible services provided to Pickering residents. Since the Vehicle for Hire By-law was enacted on February 24, 2020, to come into effect on March 1, 2020, the licensing renewal process for 2020 has not been completed. Letters and applications were sent to all Personal Transportation Companies, Taxicab Brokerages and Taxicab Plate Licensees establishing licensing renewal dates which were pre-empted by the COVID-19 pandemic shutdown. While annual licensing will resume once City Hall re-opens, both Personal Transportation Companies and the Taxicab industry have seen a severe reduction in business due to COVID-19 related Emergency Orders. In an effort to provide some financial relief to the Vehicle for Hire Industry, deferring the implementation of the Accessible Service Supplement for one year is a reasonable action to assist in mitigating the financial hardship caused by the pandemic. - 69 - BYL 02-20 May 25, 2020 Subject: Deferral of Implementation of Accessible Service Supplement Fees Vehicle for Hire By-law Page 3 Prepared By: Approved/Endorsed By: Kimberly Thompson, CMM III, CPSO Paul Bigioni Manager, Municipal Law Enforcement Services Director, Corporate Services & City Solicitor KT:kt Recommended for the consideration of Pickering City Council For: Tony Prevedel, P.Eng. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: Marisa Carpino Director, Community Services & Deputy CAO - 70 - Report to Council Report Number: CS 04-20 Date: May 25, 2020 From: Marisa Carpino Director, Community Services & Deputy CAO Subject: Pickering Museum Village - Policies - File: A-1440 Recommendation: 1. That Council endorse Pickering Museum Village Policies as set out in Attachments 1 and 2 to this report, subject to minor revisions acceptable to the Director, Community Services & Deputy CAO; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Pickering Museum Village has updated two existing Policies to be reflective of the current operations of the Museum. These Policies are CUL 040 Interpretation Policy and CUL 050 Exhibit Policy. The purpose of this report is to seek Council’s endorsement of these Pickering Museum Village Policies. Financial Implications: The Ministry of Heritage, Sport, Tourism, and Culture Industries provides an annual grant of approximately $39,000 to Pickering Museum Village through the Community Museums Operating Grant. The adoption of these updated Pickering Museum Village Policies will retain compliance with guidelines set by the Ministry of Heritage, Sport, Tourism, and Culture Industries and will maintain the Museum’s grant eligibility. Discussion: Pickering Museum Village has updated two Policies that are required by the Ministry of Heritage, Sport, Tourism, and Culture Industries. These are the first in a series of policies which will be updated in order to meet the requirements of Ontario Museums as established by the Ministry of Heritage, Sport, Tourism, and Culture Industries. These requirements set best practice standards for the operation of community museums in Ontario, enable museums to flourish in programming, and protect the material culture of our communities. As set out in Attachments 1 and 2 respectively, the Pickering Museum Village Policies for Council’s approval include: CUL 040 Interpretation Policy CUL 050 Exhibit Policy - 71 - CS-31-17 December 4, 2017 Subject: Pickering Museum Village Policies Page 2 These Policies benefit the Museum in several ways. The Policies create a clear set of guidelines, best practices, and processes to protect and preserve the material culture of Pickering. The Policies also enable the City to qualify and be considered for various Provincial Grants programs including the Community Museum Operating Grant. Lastly, these Policies bolster Pickering Museum Village’s status as an entrusted site for future artifact acquisitions and donations. Attachments: 1. CUL 040 Interpretation Policy 2. CUL 050 Exhibit Policy Prepared By: Approved/Endorsed By: Laura Gibbs Marisa Carpino Supervisor, Museum Services Director, Community Services & Deputy CAO LG:mc Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: - 72 - Policy Policy Title: Pickering Museum Village Interpretation Policy Policy Number CUL 040 Reference Res. # TBD Date Originated (m/d/y) December 11, 2017 Date Revised (m/d/y) May 25, 2020 Pages 11 Approval: Chief Administrative Officer Point of Contact Supervisor, Museum Services Policy Objective Pickering Museum Village (hereinafter referred to as “PMV”) aims to ignite imaginations through a living history museum that fosters a connection to Pickering by collecting, preserving, and interpreting artifacts and social culture. The purpose of this policy is to assist staff in developing high quality interpretative experiences that are based on a shared understanding of interpretative guidelines. As a participant in the Community Museum Operating Grant Funding program, and as outlined in the Standards for Community Museums, PMV is required to have an Interpretation Policy. Index 01 Definitions 02 Guiding Principles 03 Policy Review 01 Definitions 01.01 Interpretation – There are numerous definitions of interpretation. As a communications process, interpretation is not merely a means for providing information. At its core, ideas, feelings, and dialogue are used to create a process of communication that reveals meanings, relationships, and appreciation of artifacts, buildings, landscapes, specimens, and intangible subjects. “Heritage interpretation is any communication process designed to reveal meanings and relationships of cultural and natural heritage to the public, through first-hand involvement with an object, artifact, landscape or site (Interpretation Canada, 1976)”. Attachment No. 1 to Report CS 04-20 - 73 - Policy Title: Pickering Museum Village Interpretation Policy Page 2 of 3 Policy Number: CUL 040 02 Guiding Principles 02.01 Inclusive Interpretation: The stories that PMV tell must be inclusive and mindful of factors such as age, gender, ethnicity and socio-economics. We strive to be aware of sensitive subject matter, cultural understanding and special needs. Our interpretation will aim to take into account all groups, individuals and factors that have made significant contributions to the heritage of Pickering. 02.02 Diversity of Interpretative Strategies: PMV recognizes the importance of offering a variety of interpretative experiences to meet the varying needs and interests of different audiences. 02.03 Authority and Engagement: PMV strives to communicate and engage visitors with authority recognizing the responsibilities inherent in this public trust. The museum strives to present accurate interpretative information that is connected to the PMV’s mandate, in the most accessible and engaging way possible to enable visitors to reach their own understanding of Pickering’s natural and cultural history. PMV will promote understanding by placing local stories into a broader context, making connections to other events, people, places and stories to encourage a deeper interpretation of a subject. 02.04 Research: PMV will use primary sourced material, archaeological material culture, artifact study, collections records, and the most current and authoritative research and scholarship available to conduct research. PMV will also conduct research into interpretative methods including programming, visitor experience, marketing, and other areas of operations. PMV is committed to ongoing research to support interpretation. 02.05 Planning: PMV strives to align interpretation strategies to the PMV Strategic Plan and Pickering’s Cultural Strategic Plan. PMV staff will employ various methods to plan and improve interpretative programs. PMV aims to make use of an interpretative plan that identifies cohesive thematic and chronological themes based on the artifacts and collections of the museum. 02.06 Best Practice and Innovation: PMV places a high priority on providing dynamic experiences that encourage repeat visitation of the museum. The museum strives to be responsive to new and emerging interpretative practices and principles that will improve inclusion, quality of experience, and relevance to our visitors. 02.07 Training, Skills Development and Lifelong Learning: PMV is committed to ongoing training to develop capacity and maintain high standards in interpretative methods and customer service for staff and volunteers. 02.08 Multi-disciplinary Approach: While the PMV interprets the history of Pickering, the museum will present a multi-disciplinary approach that considers all aspects of the cultural, social, and natural historical significance. PMV aims to offer - 74 - Policy Title: Pickering Museum Village Interpretation Policy Page 3 of 3 Policy Number: CUL 040 interpretation from a multi-faceted context including: natural environment, geographic setting, intangible cultural heritage, spiritual traditions, stories, music, dance, theatre, literature, visual arts, local customs, and culinary heritage; scholarly research, historical records, and living traditions. 02.09 Evaluation: PMV recognizes the value of ongoing evaluation of both existing and planned interpretative programs. PMV will evaluate our efforts for interpretative impact and the degree to which PMV interpretation increases visitors’ knowledge and understanding of Pickering’s natural and cultural heritage. PMV strives to employ a variety of evaluation techniques. 02.10 Use of and Respect for the Collection and Facility: The requirements of preservation, and respect for the fragility and security of the collection are paramount, while accepting the realities of use of artifacts and heritage buildings for the purposes of education and interpretation. Effective interpretation will encourage appropriate visitor behaviour and attitudes towards preventative conservation of the heritage resources for future generations. 02.11 Partnership and Shared Interpretation: In order to present a diversity of interpretative strategies and a multi-disciplinary approach, PMV will seek to work with partners to research, create, curate and interpret elements that support PMV’s mission. 03 Policy Review 03.01 This Policy will be reviewed a minimum of every three years. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. - 75 - Policy Procedure Title: Pickering Museum Village Exhibit Policy Policy Number CUL 050 Reference Resolution #373/17 Resolution # ???/20 Date Originated (m/d/y) December 11, 2017 Date Revised (m/d/y) May 25, 2020 Pages 2 Approval: Chief Administrative Officer Point of Contact Supervisor, Museum Services Policy Objective The purpose of this Policy is to identify and define the roles and responsibilities of the Pickering Museum Village (hereinafter referred to as “PMV”) in developing, presenting, and evaluating effective and high quality exhibit programs that engage the public, and that align with, and support the PMV’s governing principles (Corporate Mission, Vision and Values). Index 01 Definitions 02 Exhibit Planning and Design 03 Use of Artifacts and Materials in Exhibits 04 Policy Review 01 Definitions 01.01 Exhibit – A collection of artifacts, artworks, images, audio recordings, videos, stories, or other materials that is curated and displayed for the public. 01.02 Permanent Exhibits – Permanent exhibits have a multi-year duration. Artifacts or interpretative elements may change within the exhibit; however, the themes and core interpretative components of the exhibit are planned to be displayed for multiple years. 01.03 Temporary Exhibits – PMV develops and hosts temporary exhibits that are displayed for a finite time period. 01.04 Travelling Exhibits – PMV develops or hosts exhibits that may travel to different locations or host institutions. Attachment No. 2 to Report CS 04-20 - 76 - Policy Title: Pickering Museum Village Exhibit Policy Page 2 of 2 Policy Number: CUL 050 01.05 Virtual Exhibits – PMV develops or hosts exhibits that are intangible in nature. These may include curated web exhibits, oral histories, projections or audio exhibits. 02 Exhibit Planning and Design 02.01 Exhibit planning will be carried out by Museum staff in alignment with the PMV Strategic Plan and Corporate Mission, Vision and Values. 02.02 Depending on the type of exhibit, PMV may consult with members of a community, specialists, or the Pickering community in general to solicit input on the theme and design of the exhibit. 02.03 The interpretative material developed around an exhibit is designed to meet the needs of targeted audiences and is respectful and accessible in its use of language. 02.04 Interactive displays shall be maintained in good working order, so as not to pose a safety risk to visitors, staff, volunteers, or artifacts. 03 Use of Artifacts and Materials in Exhibits 03.01 Artifacts included in exhibit displays, sourced from the PMV collection are subject to the Collections Development and Policy CUL 010 and the Pickering Museum Village Conservation Policy CUL 020. 03.02 Artifacts borrowed from other collections for the purpose of the PMV exhibits will be indemnified. 03.03 Display materials, artifacts and artworks sourced from individuals, purchased for the purpose of the exhibit, or borrowed from other collections will be subject to approval by the Supervisor, Museum Services. 03.04 The PMV shall comply with copyright legislation when exhibiting photographs or works of art. 03.05 The PMV shall publicly credit institutions, artists, funders, or donors who contribute to an exhibition. 04 Policy Review 04.01 This Policy will be reviewed a minimum of every three years. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. - 77 - Report to Council Report Number: CS 10-20 Date: May 25, 2020 From: Marisa Carpino Director, Community Services & Deputy CAO Subject: Rick Johnson Memorial Park -Seaton Neighbourhood Park -File: A-1440 Recommendation: 1.That Council name the neighbourhood park that fronts onto Sapphire Drive, Azalea Avenue, and Burkholder Drive (the first neighbourhood park in the Seaton Community) as Rick Johnson Memorial Park, in accordance with the Facility & Park Naming Procedure ADM 110- 006; and, 2.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: As per Council Resolution #272/17, Council is to consider naming the first neighbourhood park in the Seaton Commun ity as Rick Johnson Memorial Park. Prior to his passing in 2016, Rick Johnson served the City as an elected official for 24 years and thereby meets the eligibility requirements for such a consideration under Section 02.06 of the Facility & Park Naming Procedure ADM 110-006. At this time, the construction of the first neighbourhood park in the Lamoureaux neighbourhood in the Seaton Community is underway and is scheduled to open to the public this fall. The naming of this park prior to construction/completion aligns with Section 3 of the Facility & Park Naming Procedure ADM 110-006. Therefore, the purpose of this report is to seek Council’s approval to officially name the new neighbourhood park in Seaton (as identified in Attachment 1) as Rick Johnson Memorial Park. Subject to Council’s approval, park signage will be installed prior to the official park opening. Financial Implications: n/a Discussion: A Notice of Motion requesting to rename Claremont Park to Rick Johnson Memorial Park received Council endorsement at the October 17, 2016 Council Meeting. As per the Facility & Park Naming City Procedure ADM 110 -006, City staff initiated an evaluation that included researching the applicable heritage, historical and community relevance and providing notification to all residents within the service area of the proposed name change. - 78 - CS 10-20 May 25, 2020 Subject: Rick Johnson Memorial Park Page 2 CORP0227-07/01 revised City staff initiated an evaluation that included researching applicable historical documents related to Claremont Park and providing notification to all residents within the service area of the proposed name change over a 30 day period in November 2016. Through this process, staff learned that the park was officially opened on August 6, 1923 as Claremont Memorial Park in honour of those who served and fell in the Great War. Since the park has already been dedicated, Council declined the request to rename Claremont Memorial Park to Rick Johnson Memorial Park. Instead, as per Council Resolution #272/17, Council was asked to consider naming a future neighbourhood park in the Seaton Community as Rick Johnson Memorial Park in accordance with the Facility & Park Naming Procedure ADM 110-006. At this time, the construction of the first neighbourhood park in the Seaton Community, as shown in Attachment 1, is underway and is scheduled to open to the public this fall. This park fronts onto Sapphire Drive, Azalea Avenue, and Burkholder Drive, and is adjacent to a future proposed school block. The design of the park was inspired by the life of Rick Johnson and his passion for music. The park design includes a soccer pitch, walking paths, a large children’s playground that has a number of musical components, a gazebo structure with music notes laser cut into its fenestration, and an outdoor classroom/amphitheat re area which forms part of a large treble clef symbol. In accordance with the Facility & Park Naming Procedure ADM 110-006, the purpose of this report is to seek Council’s approval to name Seaton’s first neighbourhood park as Rick Johnson Memorial Park. Subject to this approval, the appropriate signage will be installed prior to the opening of this park in fall 2020. Attachments: 1.Location Map 2.Council Resolution #272/17 - 79 - CS 10-20 May 25, 2020 Subject: Rick Johnson Memorial Park Page 3 CORP0227-07/01 revised Prepared/Approved/Endorsed By: Marisa Carpino, MA Director, Community Services & Deputy CAO Richard Holborn Director, Engineering Services :mc Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Original Signed By: Original Signed By: Original Signed By: - 80 - SUBJECT PARK N.T.S. SCALE:DRAWN DATE: March 2020 (Proposed) Rick Johnson Memorial Park Location Map Engineering Services Department Attachment #1 to Report S 10-20 - 81 - Legislative Services Division Clerk’s Office Directive Memorandum March 14, 2017 To: Marisa Carpino Director, Culture & Recreation From: Debbie Shields City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on March 13, 2017 Director, Culture & Recreation, Report CS 03-17 Renaming of the Claremont Memorial Park -Notice of Motion Council Decision Resolution #272/17 1.That Council decline the request to rename Claremont Memorial Park to Rick Johnson Park since the park is already dedicated; 2.That Council consider naming a future neighbourhood park in the Seaton Community as Rick Johnson Park in accordance with the Facility and Park Naming Procedure ADM 110-006; and 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Please take any action deemed necessary. Debbie Shields /lr Copy: Chief Administrative Officer Attachment #2 to Report CS 10-20 - 82 - Report to Council Report Number: CS 13-20 Date: May 25, 2020 From: Marisa Carpino Director, Community Services & Deputy CAO Subject: The Wellness Health Centre Ltd. - Lease Amending Agreement - File: A-1440 Recommendation: 1. That the Mayor and the City Clerk be authorized to execute the Lease Amending Agreement with The Wellness Health Centre Ltd. as set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services & Deputy CAO and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Executive Summary: The City of Pickering has an existing Lease Agreement with The Wellness Health Centre Ltd. (the “Wellness Centre”) for the period of January 1, 2018 to December 31, 2022. The Wellness Centre currently consists of one suite located on the second floor of the Chestnut Hill Developments Recreation Complex totaling 750 square feet. In recent years, the Wellness Centre has expressed a need for additional space in order to expand their business and meet the demands of its growing clientele. The recent consolidation of arts programming into a single “Arts Studio” located on the first floor of the Chestnut Hill Developments Recreation Complex (formerly known as the Pottery Studio) has provided an opportunity to consider this request. Staff reviewed the new flex space previously occupied by the former Arts Studio on the second floor of the Chestnut Hill Developments Recreation Complex and have determined that the request can be reasonably accommodated. It also consolidates all tenants into a common area of the building which facilitates access and wayfinding for patrons. As such, the Community Services Department recommends that the Lease Amending Agreement as set out in Attachment 1 to this report be initiated with The Wellness Health Centre Ltd. for premises totaling approximately 1,448 square feet located on the second floor of the Chestnut Hill Developments Recreation Complex, ending December 31, 2022. Financial Implications: The annual tenant base rent payable to the City of Pickering will increase from $15,375.00 plus HST (for current premises of approximately 750 square feet) to $30,755.52 plus HST (for expanded premises of approximately 1,448 square feet). - 83 - CS 13-20 May 25, 2020 Subject: The Wellness Health Centre Ltd. Page 2 The cost of leasehold improvements are the responsibility of the Wellness Centre, and must comply with the Ontario Building Code. A building permit shall be obtained, if required, prior to commencing any work. Discussion: For nearly 17 years, the Wellness Centre has leased space on the second floor of the Chestnut Hill Developments Recreation Complex to operate a personal care and grooming business offering spa treatments, massage therapy and related services. The business is owned by Sonia Fernandes and Grace Brito-Rochford, and services are delivered by qualified estheticians and personal care professionals. The Wellness Centre currently brings in approximately 6,000 annual visits in a room of approximately 750 square feet. Since it opened in 2003, the Wellness Centre has evolved from a small “two-person” operation and now employs an expanded staff including: 3 estheticians and 4 registered massage therapists, plus 2 part time receptionists. Recent consolidation of arts programming into one single “Arts Studio” on the first floor of the Chestnut Hill Developments Recreation Complex, has resulted in the availability of flex space on the upper floor, which has been used for programming and private rentals. This new flex space, strategically located adjacent to the similarly named Pickering Sports Medicine & Wellness Centre, has also allowed staff to consider the Wellness Centre’ request to expand. Their request is especially timely because the planned renovations of Chestnut Hill Developments Recreation Complex will significantly impact business operations in their current location. This opportunity also allows the terms of the lease to be updated to the City’s latest standards and language, including clearer provision for emergency closures, such as the current COVID-19 restrictions. The Wellness Centre offers services that are compatible with the City’s mandate to encourage the development of balanced and healthy lifestyles contributing to the well-being of both mind and body. It has also operated in a professional manner that has satisfied the City. As such, the Community Services Department recommends that the attached Lease Amending Agreement be initiated with The Wellness Health Centre Ltd. for premises of approximately 1,448 square feet located on the second floor of the Chestnut Hill Developments Recreation Complex, ending December 31, 2022. Attachments: 1. Lease Agreement - 84 - CS 13-20 May 25, 2020 Subject: The Wellness Health Centre Ltd. Page 3 Approved/Endorsed By: Marisa Carpino, MA Director, Community Services & Deputy CAO Prepared By: Vince Plouffe Manager, Facilities Capital Projects VPPF Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: - 85 - 1 This Lease made in duplicate this day of , 2020. Between: The Wellness Health Centre Ltd. (the “Tenant") -and- The Corporation of the City of Pickering (the “Landlord") Now therefore this agreement witnesseth that, in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Tenant to be paid, observed and performed, the Landlord hereby leases to the Tenant during the term of this agreement (hereinafter referred to as the "Lease") one suite containing approximately 1,448 square feet located in the Chestnut Hill Developments Recreation Complex located at 1867 Valley Farm Road, Pickering, Ontario to operate a wellness spa (hereinafter referred to as the "Premises"). Definitions In this Lease, (a) "Commencement Date" means June 1, 2020; (b) "Lease" means this lease as it may be amended from time to time; (c) "Premises" means the space as set out in Schedule “A” containing approximately 1,448 square feet located in the Chestnut Hill Developments Recreation Complex located at 1867 Valley Farm Road, in the City of Pickering, Regional Municipality of Durham to operate a wellness spa; (d) "Term" means the term of this Lease as set out in Section 1.0; and (e) “Rent" means the rent payable pursuant to Section 2.0. 1.0 Term 1.0 The Term of this Lease (hereinafter referred to as the "Term") shall commence on the 1st day of June, 2020 and shall end on the 31st day of December, 2022, Attachment No. 1 to Report CS 13-20 - 86 - 2 provided that the Tenant shall have the option thereafter of one (1) additional five (5) year term on the provision that at least two (2) months prior written notice of the renewal period is given by the Tenant to the Landlord of the Tenant's intent to renew the Lease and provided further that the Tenant shall have been a Tenant in good standing throughout the entire Term of the Lease determined solely by the Landlord and provided further there has been no breach of any provisions of the Lease at any time by the Tenant. Each successive renewal shall be based on the same terms and conditions as set out herein, save and except for the amount of rent payable. Rent payable for the renewal term shall be as mutually agreed upon by both the Landlord and the Tenant at least one (1) month prior to the commencement of the renewal term. Failing such mutual agreement, this Lease shall be at an end and the Tenant shall vacate the Premises upon expiration of the original Term. 1.1 Upon the expiration of the Term, or if the Landlord shall become entitled to terminate and shall declare this Lease to be terminated pursuant to any provisions hereof, the Tenant shall surrender to the Landlord possession of the Premises and all of the fixtures and improvements erected thereon (all of which the Tenant acknowledges to be the property of the Landlord without any claim by or compensation to the Tenant), all the rights of the Tenant under this Lease shall terminate (but the Tenant shall notwithstanding such termination, be liable to the Landlord for any loss or damage suffered by the Landlord by reason of any default of the Tenant). 1.2 No early termination of possession of the Premises shall release the Tenant from its obligations under the terms herein unless such termination is consented to by the Landlord in writing. 1.3 Notwithstanding anything else contained herein, the Landlord reserves the right, to terminate this Lease without cause or for any reason by giving the Tenant six (6) months written notice of its intention to terminate. The Landlord shall not be liable for costs or damages of any kind caused to the Tenant by such termination. 2.0 Base Rent 2.1 The Tenant shall pay base rent to the Landlord in the amount of $30,755.52 per annum ($2,562.96 per month) plus applicable HST for the first year of the Term of the Lease. 2.2 For each successive year of the Term, the annual rent shall increase by an amount equal to any increase in the Consumer Price Index for Ontario as established by Statistics Canada for the period between October and November of the previous year of the Term. - 87 - 3 2.3 Rent shall be payable monthly. Prior to the commencement of each year of the Term, the Tenant shall provide to the Landlord, twelve (12) post-dated cheques, dated the first day of each and every month of the ensuing year, made payable to The Corporation of the City of Pickering. 3.0 Taxes 3.1 The Tenant covenants that it shall pay all taxes, if applicable, license fees and all other taxes or grants paid in lieu thereof or in addition thereto against or attributable to all leasehold improvements, equipment and facilities and the Premises and the operation of the Tenant's business thereon. 3.2 In the event of the failure of the Tenant to make any such payments called for in this Section directly to the relevant authority, the Landlord may make any such payment and any amounts so paid by the Landlord shall be payable by the Tenant to the Landlord forthwith upon demand and shall be considered by the Landlord and the Tenant to be rent for the purposes of this Lease. 4.0 Payment of Rent 4.1 The Tenant covenants that at the times and in the manner provided in this Lease, it will pay in lawful money of Canada to the Landlord, at the address of the Landlord set out herein or at such other place as the Landlord may designate from time to time, the rent hereby reserved and all other amounts payable by the Tenant pursuant to the terms of this Lease (all of which other amounts it is hereby agreed between the parties are payable as additional rent and recoverable by the Landlord from the Tenant as rent including HST and all applicable taxes and the facility usage fee), without any deduction or set-off whatsoever, or any abatement except as expressly provided under this Lease. 4.2 If the Tenant fails to pay, when same is due and payable, any rent and all other amounts payable by the Tenant pursuant to the herein Lease, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a rate per annum which is two (2) percentage points in excess of the minimum lending rate to prime commercial borrowers current at the due date charged by any Canadian chartered bank designated by the Landlord from time to time, subject to annual compounding. 4.3 As of the Commencement Date, the Tenant’s previous lease of other premises dated February 1, 2018 is terminated, provided that the Tenant shall remain liable to the Landlord under the previous lease for obligations arising thereunder prior to termination. - 88 - 4 5.0 Use 5.1 The Tenant shall use the Premises only for the purpose of a wellness spa, which scope of services will include massage therapy, skin care, facials, body wrap, manicures, pedicures, waxing, laser hair removal, micro-blading, eye-lash extensions and the sale of wellness-oriented products/reflexology. 5.2 The Tenant covenants that it will not provide any other services, other than those identified in 5.1 above, without first obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld. 5.3 The Tenant covenants that it will provide, at its sole expense, visible signage in its reception area throughout the Term of this Lease that identifies to its clients the services it provides and stating that the services are independent of the Landlord. The signage shall be approved by the Landlord prior to being displayed. 5.4 The Tenant shall provide to the Landlord a copy of a standardized written waiver which shall state that the scope of services being provided by the Tenant are independent of The Corporation of the City of Pickering. Such waiver shall be provided to the Landlord for approval prior to the commencement of the Tenant's business being conducted on the Premises. The Tenant shall further provide such waiver to the Tenant's clients and patients prior to providing or delivering any services. 5.5 Services provided by the Tenant shall be supervised by a duly licensed health professional and registered to provide wellness services in the Province of Ontario. Each employee and contracted service provider of the Tenant shall be duly licensed to carry out any service to be provided by such employee and contracted service provider as may be provided by any statute or regulation of any legislative authority. 6.0 Sale of Products 6.1 The Tenant covenants that it shall only sell product lines that are wellness- oriented. Such products include the following: a) skin care products. 6.2. The Tenant covenants that it will not provide for resale any product other than those identified in 6.1 above, without first obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld. 6.3 The Landlord reserves the right to restrict the sale of any items which the Landlord, in its sole discretion, considers distasteful and/or not in the best interest of the general public. - 89 - 5 6.4 The Landlord agrees to sell to the Tenant and its employees Recreation Complex Memberships at the City of Pickering Wellness Membership rate throughout the Term. Purchase of said membership(s) should be coordinated through the Manager, Facility Programs & Administration. Only staff employed by the Tenant are eligible for the discounted membership rate. Proof of employment will be required each membership year. 7.0 Hours of Operation 7.1 The Tenant covenants to operate its business only on those days when the Chestnut Hill Developments Recreation Complex is open to the public. The Tenant shall operate within the same operating hours as the Chestnut Hill Developments Recreation Complex's operating schedules, which operating schedules shall be determined solely by the Landlord from time to time. 7.2 The Tenant acknowledges that the Landlord reserves the right to alter the operating schedules and further acknowledges that the Landlord will not be responsible for any losses or damages including any lost revenues and/or additional expenses incurred by the Tenant due to operating schedule changes and/or Chestnut Hill Developments Recreation Complex closures, for any reason whatsoever. 7.3 In addition to scheduled closings, the Chestnut Hill Developments Recreation Complex shall be closed or have reduced operating hours on the following holidays:  New Year's Eve closed at 12:00 noon;  New Year's Day;  Family Day closed at 5:00 pm;  Good Friday;  Easter Sunday;  Victoria Day;  Canada Day;  Civic Holiday;  Labour Day;  Thanksgiving;  Christmas Eve closed at 12:00 noon;  Christmas Day;  Boxing Day; and  any other holiday declared by the Landlord. 8.0 Utilities/Telephone Service 8.1 The Landlord shall supply heat, hydro, water and air-conditioning to the Premises at its sole expense. - 90 - 6 8.2 The Landlord reserves the right to prohibit the Tenant from installing or using any equipment that requires increased voltage, which may result in additional costs to the Landlord. 8.3 The installation, removal and daily supply of telephone service shall be at the Tenant's sole expense. 9.0 Leasehold Improvements 9.1 The Tenant is responsible for construction, painting, decorating, maintenance, replacement, repair and insurance of the Tenant's leasehold improvements, equipment, fixtures and facilities on the Premises and shall abide by the terms as provided for in Section 11 herein. 9.2 The Landlord agrees to complete the work described in Schedule “B” attached hereto (the “Landlord’s Work”). The Tenant shall pay to the Landlord all of the costs to a maximum of $20,000.00 plus applicable taxes for the Landlord’s Work. Notwithstanding the said maximum cost limit, the Tenant shall be responsible for all costs and expenses for any changes to the Landlord’s Work requested by the Tenant, regardless of whether or not the cost of the Landlord’s Work exceeds a total cost of $20,000.00 plus applicable taxes. 9.3 Subject to Section 9.2, the Landlord shall have no obligation to construct any additional leasehold improvements in the Premises or give any other inducements of any kind in connection with the Tenant’s continued occupancy thereof. 9.4 The Landlord will submit to the Tenant invoices for all costs incurred by the Landlord arising from the Landlord’s Work and the Tenant shall pay the invoices submitted by the Landlord within 15 days of receipt of said invoices. 10.0 Entry to the Premises 10.1 The Landlord shall provide the Tenant with keys to the Premises. The Tenant shall not, without prior written consent of the Landlord, change the lock on the Premises or place additional locks upon the door of the Premises and shall not permit any duplicate key to be made. 10.2 The Tenant acknowledges that the Landlord will keep in its possession keys that would provide access to the Premises by the Landlord in the event it becomes necessary to enter the Premises during a time when the Tenant's business is not operating. 10.3 The Tenant covenants and agrees that upon the Landlord becoming entitled to re- enter the Premises under any of the provisions of this Lease, the Landlord in addition to all other rights shall have the right to enter the Premises as the agent of the Tenant either by force or otherwise, without being liable for any prosecution - 91 - 7 therefore and to relet the Premises as the agent of the Tenant, and to receive the rent therefore and, as the agent of the Tenant, to take possession of any furniture or other property on the Premises and to sell same at public or private sale without notice and to apply the proceeds of such sale and any rent derived from reletting the Premises upon account for the rent and additional rent and facility usage fees under this Lease and the Tenant shall be liable to the Landlord for the deficiency, if any. 11.0 Alterations & Improvements 11.1 The Tenant covenants not to make or erect in or to the Premises any installations, alterations, additions or partitions without submitting drawings and specifications to the Landlord and without obtaining the Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld. The Tenant must further obtain the Landlord's prior written consent to any change or changes in such drawings and specifications submitted as aforesaid. Such work may be performed by contractors engaged directly by the Tenant provided a written contract is approved in writing by the Landlord and subject to all reasonable conditions which the Landlord may impose; without limiting the generality of the foregoing, any work performed by or for the Tenant shall be performed by competent workers whose labour union affiliations are not incompatible with those of any workers who may be employed by the Landlord, its contractors or subcontractors' the Tenant shall pay, when due, the costs of all such work and of all materials, labour and services involved therein provided that any such payments may be withheld pursuant to the provisions of Construction Act (Ontario). The workmen performing works on the Premises shall provide satisfactory evidence of insurance to the Landlord prior to commencing any works on the Premises. 11.2 The contractor shall obey all federal, provincial and municipal laws, acts, ordinances, regulations, orders-in-council and by-laws which could in any way pertain to the work outlined in the contract or to the employees of the Tenant. Without limiting the generality of the foregoing, the contractor shall satisfy all applicable statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder. 11.3 The Tenant covenants that it will not suffer or permit any mechanics or other liens for work, labour, service or materials ordered by it or the cost of which it may be in any way obligated to pay to attach to the Premises and that, whenever and so often as any such liens shall attach or claims therefore shall be filed, the Tenant shall, within twenty (20) days after the Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as may be required or permitted by law. - 92 - 8 11.4 The Tenant acknowledges that all renovations and constructions to the Premises become part of the Premises and shall be deemed to be the property of the Landlord. Renovations and constructions are not to be dismantled or destroyed at either the end or termination of this Lease. 11.5 All alterations, renovations and new construction must be approved by the Landlord and must be completed under the authority of a building permit issued by the Landlord. All related permit fees and costs including the provision of any diagrams, architectural plans and architectural fees are at the expense of the Tenant. 12.0 Maintenance 12.1 The Tenant covenants and agrees to keep and maintain during the Term and to deliver up at the end of the Term (or such earlier or later termination of this Lease as is provided for herein), the Premises in a state of good maintenance, cleanliness and repair. The Tenant covenants to permit representatives of the Landlord on site at any time for the purpose of inspection and to determine compliance with this provision. 12.2 The Tenant covenants that it will be responsible for maintenance of its own property and equipment. 12.3 The Landlord reserves the right to close sections of the Premises, or the whole area of the Premises, as required for maintenance from time to time. The Tenant shall have no right to claim for any losses or damages to the Tenant arising from such closures by the Landlord. 12.4 The Landlord reserves the right to enter and view the state of maintenance and repair of the Premises. The Tenant agrees to repair according to notice in writing any deficiencies, and in the event the Tenant neglects to make said repairs and carry out the necessary maintenance within five (5) days of such notice by the Landlord, the Landlord may enter the Premises and make such repairs and carry out such maintenance at its option and at the expense of the Tenant, which sum must be paid by the Tenant within ten (10) days after receiving notice in writing from the Landlord of the costs incurred by the Landlord. 12.5 The Landlord shall give the Tenant twenty-four (24) hours notice with respect to the inspection and maintenance of the Premises (except in an emergency, in which case, the Landlord shall give such notice, if any, as is practicable). 13.0 Garbage Removal The Tenant shall be responsible, at its own expense, for the daily removal of its garbage from the Premises to a location designated by the Landlord, with the - 93 - 9 exception of any medical wastes, in which case the Tenant shall be responsible for both the safe removal and disposal of such medical wastes from the Premises. 14.0 Signs 14.1 The Tenant shall not display any sign, picture, advertisement, notice or lettering on the inside or outside of the Chestnut Hill Developments Recreation Complex facility without the prior written consent of the Landlord, which consent may not be unreasonably withheld. 14.2 The parties agree that the Landlord will provide an area in the main lobby of the Chestnut Hill Developments Recreation Complex for the Tenant to display a sign at the Tenant's sole expense in accordance with Section 14.1 above, advising patrons of the Chestnut Hill Developments Recreation Complex of the Tenant's operations and its location within the Chestnut Hill Developments Recreation Complex, noting thereon that the Tenant's operation is a service supplied independent of the Landlord. 14.3 The Landlord reserves the right to have the Tenant immediately remove, upon written notice, any sign, picture, advertisement, notice or lettering on the inside of the Premises, which the Landlord at its sole discretion considers inappropriate or offensive, or in contravention of this Lease or any other agreement to which the Landlord may be bound. 14.4 The Tenant covenants that any additional advertising within the Chestnut Hill Developments Recreation Complex shall be subject to the parties hereto entering into an advertising agreement, which agreement will be subject to additional costs to the Tenant for such service. 15.0 Rules and Regulations 15.1 During the Term of this Lease, the Tenant agrees to comply with the various rules and regulations, policies and procedures, as amended from time to time, put in place by the Landlord, including but not limited to the Landlord's Harassment Policy. 15.2 The parties agree that the Landlord shall be entitled from time to time, to establish reasonable rules and regulations with respect to the use of the Premises, hours of operation and common areas used by the Tenant, its employees and all persons visiting or doing business with it including rules relating to the parking of vehicles in connection with the Tenant's business. The Tenant, its employees and all persons visiting or doing business with it agree to comply with all such rules and regulations and to fully co-operate in avoiding obstruction and/or conflict with the operation and services of the Chestnut Hill Developments Recreation Complex and third parties. The Tenant, its employees and all persons visiting or doing business with it agree to alter or modify their use of the Chestnut Hill - 94 - 10 Developments Recreation Complex and common areas when so requested by the Landlord from time to time. 16.0 Indemnity of Tenant 16.1 The Tenant covenants to indemnify the Landlord against any and all claims, actions, damages and liability (including, without limiting the generality of the foregoing, all claims for personal injury, death and/or property damage) and also damages arising from any breach of this Lease by the Tenant or from any act or omission of the Tenant or those for whom the Tenant is at law responsible in or around the Premises and against all costs incurred in connection with any such claim, except as provided in Section 17 below. 17.0 Indemnity of Landlord 17.1 The Landlord shall not be liable for any loss or damage to any property belonging to the Tenant or to any other persons or for any injury to any person while such person or property is on the Premises unless such loss, damage or injury is caused directly by the negligence of the Landlord, or those for whom the Landlord is at law responsible. 18.0 Insurance 18.1 Prior to the Commencement Date, the Tenant shall, at its own expense, provide to the Landlord: (a) commercial general liability insurance, identifying The Corporation of the City of Pickering as an additional insured, including coverage for bodily injury including death, personal injury, property damage, contractual liability, Tenant's legal liability, non-owned automobile liability, on an occurrence basis with respect to the business carried on at the Premises and the Tenant's use and occupancy of the Premises, with coverage for any one occurrence of not less than $5,000,000.00, and shall contain a cross liability, severability of insured clause to protect the Landlord in respect of claims by the Tenant as if the Landlord was separately insured; (b) all risk property insurance covering the leasehold improvements, trade fixtures, furniture and equipment in the Premises for not less than the full replacement cost thereof. The policy shall contain a waiver of subrogation clause in favour of the Landlord; (c) professional malpractice insurance in the amount of not less than $2,000,000.00 per claim. Such insurance shall provide coverage for all services in the rendering of, or failure to render, professional services in connection with the Lease. Upon termination of the Lease the policy shall remain in force for twelve (12) months; and - 95 - 11 (d) a certificate of insurance coverage in a form satisfactory to the Landlord, prior to the Tenant taking possession of the Premises, which insurance coverage shall be kept in full force and effect throughout the Term of the Lease and any renewal(s) thereof. 18.2 The Tenant covenants with the Landlord that the Tenant, in its use and occupation of the Premises, will not do or omit or permit to be done or omitted anything which shall cause any insurance premium of the Landlord to be increased, and if any insurance premium shall be so increased, the Tenant shall pay to the Landlord forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the Landlord or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Premises or any part thereof, the Tenant shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the Landlord and if the Tenant shall fail to do so the Landlord may, at its option, terminate this Lease forthwith by notice in writing and the Tenant shall immediately surrender possession of the Premises to the Landlord and thereupon rent and all other amounts for which the Tenant is liable under this Lease shall be apportioned and paid in full to the date of surrender; provided that the Tenant shall have the right to replace such cancelled insurance at any time prior to the Landlord's notice of termination. If the Premises are at any time destroyed or damaged as a result of fire, the elements, accident or other casualty, not caused by the Tenant, rendering the Premises untenantable and, if in the opinion of the Landlord the Premises cannot be rebuilt or repaired within sixty (60) days of the damage, the Landlord and the Tenant may mutually agree to terminate this Lease and thereupon the Tenant will pay all applicable rent due and additional fees owing to the Landlord, which rent and fees will be apportioned and paid to the date of the damage. 18.3 If the Premises are at any time destroyed or damaged as a result of fire, the elements, accident or other casualty, not caused by the Tenant, rendering the Premises untenantable and, if the opinion of the Landlord, the Premises can be rebuilt or repaired within sixty (60) days of the damage, the Landlord shall commence to repair or rebuild the Premises to the extent only as the Premises existed prior to the date of this Lease (not including the Tenant's improvements) and only to the extent of the insurance proceeds actually received by the Landlord. 19.0 Deliveries 19.1 The Landlord has the right to restrict the hours of deliveries to the Tenant at its sole discretion. - 96 - 12 20.0 Disclaimer 20.1 The Tenant agrees to provide each client with a written notice that the Tenant's services are being provided independent of The Corporation of the City of Pickering and to obtain a written acknowledgment from the patient/client releasing The Corporation of the City of Pickering from any claims arising from the Tenant's services. 21.0 Complex Fitness Room/Cardio Annex and Pool [intentionally deleted] 22.0 Notice 22.1 Wherever notice is permitted or required to be given hereunder by either party hereto, it must be given in writing and is sufficiently given if served personally on an officer of the party to whom notice is being given, delivered by facsimile to the telephone number below with confirmation of receipt or if mailed by registered mail postage prepaid addressed to the Tenant at: Grace Brito-Rochford 1007 Coldstream Drive Oshawa, ON L1K 0J8 Sonia Fernandes 1583 Rockaway Street Oshawa, ON L1K 0C9 and to the Landlord at: The Corporation of the City of Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Attention: City Clerk Fax: 905.420.9685 or to such other address as either party may designate by notice given from time to time in accordance with this Section. 22.2 Any notice given personally shall be conclusively deemed to have been given and received on the date of service. - 97 - 13 22.3 Any notice mailed as aforesaid shall be conclusively deemed to have been given and received on the third day following the date on which it is mailed as aforesaid provided that if there is a disruption or threatened disruption in the postal service in the postal area through which such notice must be sent, notice must be given personally or by means of printed electronic or printed telephonic communications. 23.0 Default 23.1 It is hereby expressly agreed that if and whenever the rent or any additional rent or fees hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-observance or non-performance of any of the covenants, agreements, provisos, conditions or rules and regulations on the part of the Tenant to be kept, observed or performed after two (2) business days after written notice of default has been given by the Landlord to the Tenant, or in case the Premises shall be vacated or remain unoccupied for five (5) days or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to enter into and upon the Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding. 24.0 Bankruptcy 24.1 In the event that the Premises shall be used by any person other than the Tenant or for any other purpose than that for which the same were let without the prior written consent of the Landlord or in the case the Term or any of the goods and chattels of the Tenant shall be at any time seized in execution or attachment by any creditor of the Tenant or the Tenant shall make any assignment for the benefit of creditors or any bulk sale or become bankrupt or insolvent or take the benefit of any act now or hereafter in force for bankrupt or insolvent debtors, or, if the Tenant is a corporation and any order shall be made for the winding-up of the Tenant, or other termination of the corporate existence of the Tenant, then in any such case this Lease shall, at the option of the Landlord, cease and desist and the Term shall immediately become forfeited and void and the Landlord may reenter and take possession of the Premises as though the Tenant or other occupant or occupants of the Premises was or were holding over after the expiration of the Term without any right whatsoever. 25.0 Distress 25.1 The Tenant waives and renounces the benefit of any present or future statute taking away or limiting the Landlord's right of distress, and covenants and agrees that notwithstanding any such statute none of the goods and chattels of the Tenant on the Premises at any time during the Term or any renewal thereof shall be exempt from levy by distress for rent in arrears. - 98 - 14 26.0 No Waiver 26.1 No condoning, excusing or overlooking by the Landlord or the Tenant of any default, breach or non-observance by the other at any time or times in respect of any covenant, proviso or condition herein contained shall operate as a waiver of the Landlord's or the Tenant's rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the Landlord or the Tenant herein in respect of any such continuing or subsequent default or breach and no waiver shall be inferred from or implied by anything done or omitted by the Landlord or the Tenant save only an express waiver in writing. All rights and remedies of the Landlord and the Tenant in this Lease contained shall be cumulative and not alternative. 27.0 Compliance with Laws 27.1 The Tenant covenants to comply, at its own expense, with all present and future provisions of law concerning the Premises including, without limiting the generality of the foregoing all laws, ordinances, requirements, order, directives, permits, rules and regulations of all governmental authorities. 27.2 The Tenant acknowledges that it has taken all reasonable steps to satisfy itself that the proposed use of the Premises complies with applicable laws and regulations. The Tenant shall not hold the Landlord responsible for any losses or damages incurred by the Tenant should it be determined that the proposed use is not permitted under the applicable laws and regulations. 28.0 Assignment 28.1 This Lease and possession of the Premises shall not be assigned, sublet or otherwise transferred in whole or in part by the Tenant to any other party without first obtaining written consent of the Landlord which consent may be unreasonably withheld. 29.0 Governing Law 29.1 This Lease shall be governed and construed in accordance with the laws of the Province of Ontario. 30.0 No Registration of Notice 30.1 The Tenant covenants that it will not register this Lease or any notice thereof against the title to the Premises. - 99 - 15 31.0 Guarantee 31.1 The parties agree that this Lease shall be conditional upon the Landlord receiving an executed personal guarantee by Sonia Fernandez and Grace Brio-Rochford prepared in the form attached hereto as Schedule “C”. 32.0 Entire Agreement 32.1 Schedules “A”, “B” and “C” attached hereto form part of this Agreement. The parties acknowledge that this Lease sets forth the entire agreement between them with respect to the Premises and that there are no promises, representations or undertakings other than as set out herein. Any offer to lease or agreement to lease entered into by the Landlord and Tenant prior to the execution of this Lease shall be deemed to have been merged and extinguished in this Lease. This Lease shall not be amended or cancelled except by agreement in writing executed by all parties hereto. 33.0 Inspection 33.1 The Landlord or any employee or agent of the Landlord shall have the right during business hours of the Tenant or at any time during an emergency as determined by the Landlord, to enter the Premises for any of the following purposes: (a) to examine the state of maintenance, repair and decoration of the Premises and the equipment and fixtures therein; and (b) to show the Premises to prospective tenants during the last three (3) months of the Term. 34.0 Year End Statements 34.1 The Tenant shall within sixty (60) days after the end of each year of the Term, provide the City with a financial statement for the previous year of the Term of the total Operating Expenses and Gross Revenue of their business operation. 35.0 Severability 35.1 Should any provision or provisions of this Lease be illegal or not enforceable, it or they shall be considered separate and severable from the Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. - 100 - 16 36.0 Enurement 36.1 This Lease shall enure to the benefit of, and be binding upon, the parties hereto and their respective representatives, successors or assigns except as herein otherwise expressly provided. 37.0 Guarantees 37.1 The Landlord has entered into this Lease in reliance upon the Guarantees attached hereto as Schedule “C”. 38.0 Force Majeure 38.1 The Landlord shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this Lease, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the Landlord, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency. - 101 - 17 In witness whereof the parties have duly executed this Lease as of the date first written above. The Wellness Health Centre Ltd. Per: ___________________________________ Sonia Fernandes Authorized Signing Officer Per: _________________________________ Grace Brito-Rochford Authorized Signing Officer We have authority to bind the Corporation. The Corporation of the City of Pickering Per: ___________________________________ Kevin Ashe, Deputy Mayor Per: ___________________________________ Susan Cassel, City Clerk - 102 - Schedule “A” Sketch of Premises [to be inserted] - 103 - D OPEN TO BELOW LEASE AREA 0 0 SCHEDULE "B" CHESTNUT HILL DEVELOPMENTS RECREATION COMPLEX 1867 VALLEY FARM ROAD PARTIAL SECOND FLOOR PLAN "''"" ST\JOIO 0 '""""" '°°"' tiECHANICAL ROOM3 0 NOT TO SCALE NORTH e "' ' - 104 - Schedule “B” Landlord’s Work [to be inserted] - 105 - ACCESSIBLEVIEWINGAREAACCESSIBLEVIEWINGAREAEXIST. FITNESSAREA EXIST. OPEN BELOWEXIST.WALKWAY EXIST. UPPERLOBBY NORTHNAME OF PROJECT :LOCATION OF PROJECT :CERTIFICATE OF PRACTICE NUMBER : 5192250 WATER STREET, SUITE 201WHITBY, ONTARIO, CANADA. LIN 0G5TEL : (905) - 666 - 5252(Toronto) (905) - 427 - 4495FAX : (905) - 666 - 5256INTERIOR FIT-UP AT PICKERINGRECREATION COMPLEX1867 Valley Farm Road, Pickering, ON.DATE :APRIL 2020BARRY BRYAN ASSOCIATESNAME OF FIRM :OBC Reference Addition Addition and Renovation11.01Project Type:Change of useOntario Building Code Data MatrixPart 11 - Renovation of Existing Building11.00Building Code Version:O. Reg. 332/12Last Amendment:O. Reg. 191/14 RenovationDescription ________________________________________________________INTERIOR FIT-UP OF EXISTING OFFICE INTO BEAUTY SALON[A] 1.1.2.Major OccupancyClassification:3.1.2.1.(1)Use_________________________________________________________________________________________________________________________________Occupancy___________________________________________________2ND FLOOR UNIT OCCUPANCY 'D' - BEAUTY SALONSuperimposedMajor Occupancies: Yes NoDescription ____________________________________________________-Building Area (m²)Existing____________________________________Description___________________________________________________________________________________________________Total=-New____________________________________Total____________________________________[A] 1.4.1.2.3.2.2.711.0211.0311.04Building Height[A] 1.4.1.2 &3.2.1.1Two______________ Storeys above grade ________ (m) Above grade______________ Storeys below grade-EXISTNumber of streets/fire fighter access:3.2.2.10 & 3.2.5____________ street(s)11.0511.06Building Size: Small Medium Large > LargeT.11.2.1.1.B.-N.11.07Existing BuildingClassification:11.08 Change in Major Occupancy: Not Applicable(no change of major occupancy) YesConstruction Index: ______________-Hazard Index: ______________-Importance Category: Low High Normal Post-disasterto N, 4.2.1(3)& 5.2.2.1.(2)T11.2.1.1BT11.2.1.1A11.2.1Renovation Type: Basic Renovation Extensive Renovation11.0911.3.3.1 & 11.3.3.2Occupant Load:Floor Level/ AreaOccupancy Type Based On Occup. Load__________________ ________________ _________ __________________________ _______________ _________ ________--------3.1.17Plumbing FixtureRequirements:Ratio: Male/Female = 50:50 Except as noted otherwiseFloor level/ AreaOccupant OBC Fixtures FixturesLoadReferenceRequiredProvided___________________________ ______ __________________________________ _______ _________________________________ _______ __________________________________ _______ _______3.7.411.1011.11Barrier-free Design: YesExplaination ______________________________________ No11.3.3.2.(2)11.12StructuralNo YesReduction inPerformance Level:11.4.2.1By Increase in occupant load:No Yes11.4.2.2By change of major occupancy:No Yes11.4.2.3PlumbingNo Yes11.4.2.4Sewage - system:No Yes11.4.2.511.13CompensatingConstruction:11.14 Yes No ____________________________________________StructuralNo Yes _____________________________11.4.2.1By Increase in occupant load:No Yes _____________________________11.4.2.2By change of major occupancy:No Yes ____________________________11.4.2.3PlumbingNo Yes _____________________________11.4.2.4Sewage - system:No Yes _____________________________11.4.2.511.4.2.6Extension of CombustibleConstruction:No Yes _____________________________11.4.2.7ComplianceAlternativesProposed:11.15 Yes ______________________________________ NoNotes:11.1611.5.1.11.5.1NOCHANGENO CHANGEACCESSIBLE DESIGN TO LIMITS OUTLINEDON THE PROJECT DRAWINGSSecond Floor UnitLOCATION PLANNORTHINTERIOR SALON FIT-UP ATPICKERING RECREATION COMPLEXISSUESNO.DATEBYPROJECT NO. 20090ARCHITECTURAL:ASSOCIATES(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail: bba@bba-archeng.comBARRY BRYANWhitby, OntarioArchitectsEngineersProject ManagersCONSULTANTS250 Water St.L1N 0G5MECHANICAL:Pickering, Ontario 1867 Valley Farm Rd.LIST OF DRAWINGSARCHITECTURAL:A000 OBC MATRIX, LOCATION MAPA001 GENERAL NOTES & SPECIFICATIONSA201 DEMOLITION, FLOOR & CEILING PLANSMECHANICAL:M-1 PART 2ND FLOOR PLAN - MECHANICAL DEMOLITIONM-2 PART FLOOR PLAN - HVAC CONSTRUCTIONM-3 PART GROUND & SECOND FLOOR PLAN- PLUMBING & DRAINAGEM-4 MECHANICAL SCHEDULES & DETAILSM-5 MECHANICAL SPECIFICATIONS, LEGEND & DRAWING LISTELECTRICAL:E1A000INTERIOR SALON FIT-UP AT PICKERING RECREATION COMPLEX Pickering, Ontario 1867 Valley Farm Rd.147.0147.0ELECTRICAL:Woodbridge, Ontario L4L 7Y7Tel: (905) 265 1911 Fax: (905) 265 1998 93 Woodstream Blvd Unit 10 MADONNA ENGINEERING INC.HCC ENGINEERING LIMITED40 EGLINTON AVENUE EAST, SUITE 401TORONTO, ONTARIO, M4P 3A2Tel: (416) 932-2423147.0147.0- 106 - GENERAL NOTESSHOP DRAWINGS &SUBMITTALSCONSTRUCTIONFACILITIESDEMOLITION/REMOVALSMETAL STUD FRAMINGHOLLOW METAL DOORSAND FRAMESACOUSTICAL CEILINGGYPSUM BOARDPAINTFINISH HARDWAREACOUSTICAL CEILINGCITY OF PICKERINGGENERAL NOTES &SPECIFICATIONSBBACMAPRIL 2020AS NOTEDA001ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR SALON FIT-UP ATPICKERING REC. COMPLEX20090- 107 - DOOR AND FRAME SCHEDULESIZE AND THICKNESSNO.FINISHTYPEMATERIALDOORTYPEGLASSMATERIALFINISHRATINGFIREJAMBDETAILHEADFRAMEREMARKSDOOR HARDWAREHINGES CLOSER DOOR OPERATOR DOOR STOP THRESHOLD KICK PLATE PANIC DEVICE LOCKSET ELECTRIC STRIKE LATCHSET PRIVACY M DOOR TYPESF1FRAME TYPESSWING FREE HINGESRoom ScheduleREMARKSBASEWESTSOUTHEASTNORTHREV.CEILINGHEIGHTCEILINGFLOORROOM NAMENO.ROOMWALLSMAT.FIN.MAT.FIN.COL.MAT.FIN.COL.MAT.FIN.COL.MAT.FIN.COL.MAT.MAT.FIN.COL.MAT.MAT.FIN.COL.MAT.MAT.FIN.COL.MAT.COL.Finish Abbreviation LegendPARTITION TYPES SCHEDULEDEMOLITION LEGENDTYPICAL DEMOLITION NOTESCEILING LEGEND:PLAN SYMBOL LEGEND:FURRING TYPES SCHEDULECITY OF PICKERINGDEMOLITION, FLOOR& CEILING PLANSBBACMAPRIL 2020AS NOTEDA201PART SECOND FLOOR PLAN1:100PART SECOND FLOOR DEMOLITION PLAN1:100ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR SALON FIT-UP ATPICKERING REC. COMPLEX20090PART SECOND FLOOR REFLECTED CEILING PLAN1:100PART SECOND FLOOR CEILING DEMOLITION PLAN1:100- 108 - - 109 - - 110 - - 111 - - 112 - - 113 - ··CITY OF PICKERINGELECTRICALLEGEND AND DETAILSKZKZHDCAPRIL 2020AS SHOWNE-1.1ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR FIT-UP ATPICKERING REC. COMPLEX20102HCC ENGINEERING LIMITED40 EGLINTON AVENUE EAST, SUITE 600TORONTO, ONTARIO, M4P 3A2Tel: (416) 932-2423- 114 - CITY OF PICKERINGELECTRICAL DETAILSKZKZHDCAPRIL 2020AS SHOWNE-1.2ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR FIT-UP ATPICKERING REC. COMPLEX20102HCC ENGINEERING LIMITED40 EGLINTON AVENUE EAST, SUITE 600TORONTO, ONTARIO, M4P 3A2Tel: (416) 932-2423- 115 - CITY OF PICKERINGELECTRICAL DETAILSKZKZHDCAPRIL 2020AS SHOWNE-1.3ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR FIT-UP ATPICKERING REC. COMPLEX20102HCC ENGINEERING LIMITED40 EGLINTON AVENUE EAST, SUITE 600TORONTO, ONTARIO, M4P 3A2Tel: (416) 932-2423- 116 - CITY OF PICKERINGELECTRICAL PLAN SECOND FLOOR ATRIUMKZKZHDCAPRIL 20201: 200E-2.0ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR FIT-UP ATPICKERING REC. COMPLEX20102HCC ENGINEERING LIMITED40 EGLINTON AVENUE EAST, SUITE 600TORONTO, ONTARIO, M4P 3A2Tel: (416) 932-2423- 117 - CITY OF PICKERINGELECTRICAL PLANSSECOND FLOOR SALONKZKZHDCAPRIL 2020AS SHOWNE-2.1ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR FIT-UP ATPICKERING REC. COMPLEX20102HCC ENGINEERING LIMITED40 EGLINTON AVENUE EAST, SUITE 600TORONTO, ONTARIO, M4P 3A2Tel: (416) 932-2423- 118 - CITY OF PICKERINGELECTRICAL GROUNDINGSYSTEM DETAILKZKZHDCAPRIL 2020AS SHOWNE-4.1ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR FIT-UP ATPICKERING REC. COMPLEX20102HCC ENGINEERING LIMITED40 EGLINTON AVENUE EAST, SUITE 600TORONTO, ONTARIO, M4P 3A2Tel: (416) 932-2423- 119 - CITY OF PICKERINGELECTRICALDEMOLITION PLANSKZKZHDCAPRIL 2020AS SHOWNE-5.1ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR FIT-UP ATPICKERING REC. COMPLEX20102HCC ENGINEERING LIMITED40 EGLINTON AVENUE EAST, SUITE 600TORONTO, ONTARIO, M4P 3A2Tel: (416) 932-2423- 120 - CITY OF PICKERINGELECTRICALSINGLE LINE DIAGRAMKZKZHDCAPRIL 2020NTSE-7.1ASSOCIATESProject ManagersEngineers(905) 666-5256(905) 666-5252Tel:Fax:Suite 201e-mail:Architectsbba@bba-archeng.comBARRY BRYANWhitby, OntarioPROJECT NO:FILE:DRAWING NO:SCALE:DATE:CHECKED BY:DRAWN BY:DESIGN BY:DRAWING:PROJECT:REVISIONSNO.DATEBYDRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNEDUPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLECOPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNEDALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THEAND SEALED BY THE CONSULTANT.WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.ISSUESNO.DATEBY250 Water StreetL1N 0G5DO NOT SCALE THE DRAWINGS.INTERIOR FIT-UP ATPICKERING REC. COMPLEX20102HCC ENGINEERING LIMITED40 EGLINTON AVENUE EAST, SUITE 600TORONTO, ONTARIO, M4P 3A2Tel: (416) 932-2423- 121 - Schedule “C” Guarantee Landlord: The Corporation of the City of Pickering Tenant: The Wellness Health Centre Ltd. Leased Premises: Chestnut Hill Developments Recreation Complex Lease Dated: as of June 1, 2020 Guarantors: Sonia Fernandes and Grace Brito-Rochford Address of Guarantors: Grace Brito-Rochford 1007 Coldstream Drive Oshawa, ON L1K 0J8 Sonia Fernandes 1583 Rockaway Street Oshawa, ON L1K 0C9 1. In consideration of the sum of one dollar ($1.00) now paid by the Landlord to the guarantors and other valuable consideration (the receipt of which is hereby acknowledged), the guarantors covenant with the Landlord that the Tenant shall duly perform and observe each and every covenant, proviso, condition and agreement in the Lease on the part of the Tenant to be performed and observed, including the payment of rent and all other amounts agreed to be paid or payable under the Lease on the days and at the times and in the manner therein specified and that if any default be made by the Tenant, whether in payment of rent or other amounts from time to time falling due thereunder as and when they become due and payable or in the performance or observance of any of the covenants, provisos, conditions or agreements which under the terms of the Lease are to be performed or observed by the Tenant, the guarantors shall forthwith pay to the Landlord on demand such rent and other amounts in respect of which such default shall have occurred and all damages resulting from the non-observance or non- performance of any such covenants, provisos, conditions or agreements. 2. The guarantors each covenant with the Landlord that the guarantors are jointly and severally bound with the Tenant for the fulfillment of all obligations of the Tenant under the Lease. In the enforcement of its rights thereunder, the Landlord may proceed against the guarantors or either of them, as if they were each named as a Tenant in the Lease. - 122 - 3. The guarantors hereby waive any right to require the Landlord to proceed against the Tenant or to proceed against or to exhaust any security held from the Tenant or to pursue any other remedy whatsoever which may be available to the Landlord, before proceeding against the guarantors or either of them. 4. None of the following, or any combination thereof, shall release, discharge or in any way change or reduce the obligations of either guarantor under this Guarantee: (a) neglect or forbearance of the Landlord in endeavoring to obtain payment of the rent or the amounts required to be paid under the Lease, as and when due; (b) delay by Landlord in enforcing performance or observance of the covenants, provisos, conditions or agreements to be performed or observed by the Tenant under the Lease; (c) any extension of time given by the Landlord to the Tenant, or any other act or failure to act of or by the Landlord; (d) the Landlord permitting or consenting to any assignment or encumbering of the Lease by the Tenant or any subletting by the Tenant; (e) the bankruptcy or insolvency of the Tenant; (f) the dissolution of the Tenant; and (g) the disclaimer of the Lease pursuant to the provisions of any statute. 5. Capitalized terms used but not defined herein shall have the meaning ascribed thereto in the Lease. 6. Each guarantor is jointly and severally liable for the performance of all obligations imposed upon the guarantors hereunder. - 123 - Signed, Sealed and Delivered In the presence of: ) Witness: ) ) Sonia Fernandes _____________________________ ) Print Name: ) ) Witness: ) ________________________ ) Grace Brito-Rochford _____________________________ ) Print Name: ) - 124 - Report to Council Report Number: CS 14-20 Date: May 25, 2020 From: Marisa Carpino Director, Community Services & Deputy CAO Subject: Systems Furniture Standardization of Tayco Panelink Ltd. - File: A-1440 Recommendation: 1. That systems furniture and related accessories supplied by Tayco Panelink Ltd. be established as an approved City-wide standard for all future furniture installations; 2. That Patrick Cassidy & Associates Inc. be established as an approved broker for Tayco Panelink Ltd. systems furniture; 3. That the term for this systems furniture standard be limited to a maximum of five years, subject to annual renewal as per the established renewal process; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The City requires formal standardization of systems furniture for workstations and related accessories in order to provide consistency of appearance, ergonomic and practical functionality, quality and durability, have interchangeability of components, and ensure ready availability and prompt delivery to maintain existing operations. Most of the City’s inventory of systems furniture is located at the Civic Complex and was procured during the original construction of the building. Over time, smaller quantities were purchased to match the furniture from the Civic Complex and can now be found at all other staffed facilities. The existing furniture has passed it’s useful life expectancy and is no longer being manufactured, requiring the salvage of components from some workstations in order to keep others in service, further depleting the available stock in the process. Lack of consistency in the purchase of newer systems furniture in recent years has resulted in a mismatch of incompatible pieces that are more difficult to adapt, repurpose, or consolidate, creating additional challenges as more staff need to be fit into limited space. The purpose of this report is to recommend that Council approve a systems furniture standard, in accordance with Section 9.04 (c) of the Purchasing Policy, and as selected through award of Q-5- 2019 for the supply and installation of systems furniture for the New Operations Centre, using systems furniture products manufactured by Tayco Panelink Ltd., including related accessories to be supplied and installed by Patrick Cassidy & Associates Inc., for a period of up to five years, subject to annual review and recommendation of renewal by staff. Should individual purchases exceed $250,000, the purchase will be reported to Council for information only. - 125 - CS 14-20 May 25, 2020 Subject: Systems Furniture Standard Page 2 In accordance with clause 09.09 of the City’s Purchasing Policy (PUR-010), a single source or sole source purchase exceeding $125,000.00 is subject to Council approval. It is anticipated, given approved budgets, that furniture purchases over the next five years will exceed this amount. Financial Implications: N/A Discussion: Most of the systems furniture at City Hall was purchased when the building opened in 1990 and has not been manufactured in over a decade. Components have been stripped and salvaged from broken workstations and used to repair others, but the available stock of spare parts is dwindling and most of the inventory is reaching end of life. Starting in 2015, annual Capital Budgets have included an allowance of $25,000 for the replacement of aging workstations, partitions, tables and shelving at City Hall. This was increased to $100,000 in 2019 and repeated again in the 2020 Capital Budget. In addition to the increasing pace of replacement due to age and wear, Facilities staff completed a space use study in 2019 that projected the need for an additional 60 workstations over the next five years to accommodate staff growth at City Hall alone, or in satellite locations if required. Attempts have been made to order a variety of other products with similar appearance from other suppliers, but the results have been inconsistent and the level of service provided by vendors has been poor due to the limited value and small quantities spread over time and as multiple purchases. The new systems furniture is also typically mechanically incompatible with the old furniture. Quotation Q-5-2019 was issued on February 19, 2019 and awarded to Patrick Cassidy & Associates Inc. on April 29, 2019, for the supply and installation of new systems furniture for the new Operations Centre. The products supplied were manufactured by Tayco Panelink Ltd. They have proven to be durable, resilient, functional and well-suited for the intended purpose since their original installation with minimal deficiencies or repairs required. Tayco Panelink Ltd. is a Canadian company with manufacturing facilities located in the west end of Toronto. Founded in 1976, they have an established foothold in the industry. They have consistently demonstrated better delivery times than industry average for all products ordered over the past year, typically achieving 4 to 6 week timelines where other vendors the City has worked with in the past have commonly struggled to achieve an 8 to 12 week timeline. The proximity of their manufacturing facilities is an asset, and makes support services and replacement parts easy to access. Systems furniture products include many interlinking components that are proprietary to each manufacturer, and therefore cannot be adapted to fit existing furniture without standardization. A typical workstation will include a systems-furniture desk with built-in partitions, storage, be pre- wired for the concealed routing of data and power, include versatile and adaptable features and accessories such a keyboard trays, pin-board, sit-stand surfaces, etc. Chairs, bookshelves, monitor arms and filing cabinets are also typically required but are not included as part of this standardization request. The intent of a furniture systems standard is to be able to readily order - 126 - CS 14-20 May 25, 2020 Subject: Systems Furniture Standard Page 3 these additional accessories through the specified vendors at listed prices, ordering one or more whole workstations and ensuring prompt and consistent delivery. The City reserves the right to order individual accessories from other vendors for smaller orders or where not linked to an entire workstation, at its sole discretion. Major manufacturers of systems furniture are also at the forefront of ergonomic furniture design, incorporating key features and components essential to addressing workplace health and safety. Cheaper products are available from other vendors, but typically lack the required customization options, durability and functionality included in true, commercial-grade system furniture products. The systems furniture industry is structured such that manufacturers typically align themselves with preferred brokers within a given territory. This makes it difficult to obtain competitive bids for products from a particular manufacturer as the preferred broker will inevitably obtain better pricing than any others within the given territory. Patrick Cassidy & Associates Inc. are the current preferred broker for Tayco Panelink Ltd. furniture in the GTA and have proven themselves competent, responsive and responsible when coordinating design, delivery, installation and correction of any deficiencies for all product ordered by the City, to date. The City will review and confirm the current preferred broker with Tayco Panelink Ltd. prior to the recommended annual renewal of the systems furniture standard, and may source or select an alternative broker upon confirmation from both the manufacturer and the broker that their business relationship has changed. Both parties are required to honour the terms and pricing of the agreement until its next scheduled renewal, unless agreed upon otherwise by City. Sole source procurement of systems furniture and related accessories is recommended to ensure consistent quality, compatibility, durability and appearance to upgrade and maintain the professional character of the City’s public service areas and office spaces. Most systems furniture purchases made by the City are for individual or small groups of workstations. An open bidding process for each such purchase would impair the City’s ability to make efficient use of increasingly limited office space and impair the City’s ability to portray a uniform, professional environment to visiting members of the public, business community and dignitaries. The purpose of this report is to recommend that Council approve a systems furniture standard, in accordance with Section 9.04 (c) of the Purchasing Policy, and as selected through award of Q-5- 2019 for the supply and installation of systems furniture for the new Operations Centre, using systems furniture products manufactured by Tayco Panelink Ltd., including related accessories, to be supplied and installed by Patrick Cassidy & Associated Inc. in accordance with specified prices attached to this report, for a period of up to five years, subject to annual review and recommendation of renewal by staff. Attachments: 1. None - 127 - CS 14-20 May 25, 2020 Subject: Systems Furniture Standard Page 4 Prepared By: Approved/Endorsed By: Vince Plouffe Ray Rodrigues, CPPB Manager, Facilities Capital Projects Manager, Supply & Services Marisa Carpino, M.A. Stan Karwowski, MBA, CPA, CMA Director, Community Services & Deputy CAO Director, Finance & Treasurer MC:vp Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By:Original Signed By: Original Signed By: - 128 - Report to Council Report Number: FIN 06-20 Date: May 25, 2020 From: Stan Karwowski Director, Finance & Treasurer Subject: Development Charges Reserve Fund – Statement of the Treasurer for the Year Ended December 31, 2019 _____________________________________________________________________ Recommendation: That Report FIN 06-20 of the Director, Finance & Treasurer regarding the Development Charges Reserve Fund be received for information. Executive Summary: Section 43 of the Development Charges Act, 1997 (the “Act”) requires that the Treasurer provides Council with a financial statement relating to the development charges by-law and reserve fund established for each service as established under Section 33 of the Act. On December 3, 2015, the Province passed Bill 73 which amended the Act to add additional reporting requirements. The Treasurer’s Statement (Statement) attached to this report has been expanded to comply with the new reporting requirements. Attachment 1 provides details of the activity of the Development Charges Reserve Fund for the year ended December 31, 2019 in the manner prescribed by section 43(2)(a) of the Act. Attachment 2 provides details on information related to assets funded by the development charges by-law as stipulated by section 43(2) (b) of the amended Act. The amended Act introduced a new section: 43(2.1), which now requires Council to ensure that the Statement is made available to the public. The Statement will be posted on the City’s website to facilitate compliance with the amendment. Financial Implications: During the three-year period from 2017 to 2019, development charges collected were approximately $5.3 million in 2017, $13 million in 2018, and $7.73 million in 2019. There was a decrease of 45 percent in the 2019 development charges collected compared to the 2018 collections, however, the 2019 collections are still higher than those collected in 2017. The ongoing development in the Duffin Heights neighbourhood, and the new development in the Seaton lands were the main contributors to the development charges collected in 2019. The spike in the 2018 collections was an exception; largely due to a number of medium density multiple residential developments in the urban area of Pickering, and the non-residential development related to Durham Live. - 129 - FIN 06-20 May 25, 2020 Subject: Development Charges Reserve Fund – Statement of the Page 2 Treasurer for the Year Ended December 31, 2019 The reserve fund remains at a healthy balance of approximately $62.5 million pending future use of funds for qualified projects. The funds are well managed with investment returns consistently exceeding market indicators. Investment income is added to the balance of each fund as such income is earned. Attachment 1 provides a breakdown of the various DC service categories. Two of the service categories are in a negative position due to planned budget activity: DC funding for a new operations centre and a new financial system. Negative balances will be addressed through DC fees collected from current growth related activity and through the next DC Study. For the next DC study, credit balances are treated as a cost that will be recovered through higher DC rates. ______________________________________________________________________ Discussion: Funds are not transferred out of the Development Charges Reserve Fund for projects until the funds are actually needed, as required by applicable accounting rules. This ensures that the reserve fund continues to earn interest income on the unspent monies until such time as actual expenses are incurred. The total reserve fund balance of $62.5 million represented in Attachment 1 represents the unspent monies as at December 31, 2019. Please note that there are approximately $27.1 million of committed capital projects and financial obligation that have been approved in prior years, but have not proceeded or are still ongoing as at December 31, 2019. Taking into account these commitments, the net fund balance available for future expenditures is approximately $35 million. The financial obligation refers the development charges debenture financing undertaken for the construction of the new Operations Centre, at $12.1 million, which includes principle and interest payments. This amount is outstanding for the remaining period of 2020-2037. This amount represents approximately 45 percent of the commitments of $27.1 million. In order to meet the new requirement under section 43(2.1) of the amended Act, it is recommended that the Statement be placed on the City’s website upon approval by Council. Attachments: 1. Pre-audit 2019 Statement of the Treasurer – Development Charges Reserve Fund 2. Amount Transferred to Assets – Capital & Current Funds Transactions (Pre-Audit) - 130 - FIN 06-20 May 25, 2020 Subject: Development Charges Reserve Fund – Statement of the Page 3 Treasurer for the Year Ended December 31, 2019 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Caryn Kong, CPA, CGA Stan Karwowski, CPA, CMA, MBA Senior Financial Analyst – Capital & Director, Finance & Treasurer Debt Management Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Original Signed By: - 131 - Attachment #1 to Report #FIN 06-20 City of Pickering Pre-Audit 2019 Statement of the Treasurer - Development Charges (DC) Reserve Fund DC Act S 43 (2)(a) for the Year Ended December 31, 2019 Services to which the Development Charges Relates 100% Recovery (Non-Discounted)10% Statutory Deduction (Discounted) Account 7605 7610 7615 7611 7601 7622 7630 Description Protective Services Transportation Other Services Related to a Highway Storm Water Mgmt Studies Parks & Recreation Library: Facilities & Materials Total $ $$$$$$$ Opening Balance, January 1, 2019 2,225,617 27,702,614 82,198 3,154,525 (184,512)21,805,122 4,003,852 58,789,415 Plus: Development Charges Collections 743,641 2,108,082 363,688 236,843 231,723 3,031,479 671,088 7,386,544 Interest Income-Internal Investment 1,859 23,138 69 2,635 0 18,213 3,344 49,257 Interest Income -External Investment 48,321 601,455 1,785 68,488 0 473,414 86,928 1,280,391 Less Admin Fee (2,315)(28,813)(85)(3,281)0 (22,679)(4,164)(61,338) Sub-Total 791,505 2,703,863 365,456 304,685 231,723 3,500,426 757,196 8,654,854 Less: 2019 Transfer to Capital Funds 1 (866,883)(964,083)(667,843)(810,306)(350,865)(217,449)(3,877,428) 2019 Transfer to Current Funds 1 0 0 (412,389)4 0 (292,539)(263,659)4 0 (968,586) Sub-Total 2019 (866,883)(964,083)(1,080,232)0 0 (1,102,844)(614,524)(217,449)(4,846,014) Opr Ctr Debt Chrgs-Adjustment to 2018 Transfer to Current Funds, allocate 39% from "Other Services Related to a Highway" to "Parks & Recreation"262,043 5 (262,043)5 0 Sub-Total (866,883)(964,083)(818,189)0 (1,102,844)(876,567)(217,449)(4,846,014) Closing Balance, December 31, 2019 before Budget Commitments 2,150,240 29,442,394 (370,535)3,459,209 (1,055,633)24,428,981 4,543,599 62,598,255 Less Budget Commitments 2 (2,208,950)(4,868,847)0 (3,632,977)(1,568,231)(2,410,659)(270,443)(14,960,108) Less New Operations Ctr Debt Charges Commitment 2020-2037 0 0 (7,457,052)3 0 0 (4,727,795)3 0 (12,184,847) Sub-Total (2,208,950)(4,868,847)(7,457,052)(3,632,977)(1,568,231)(7,138,455)(270,443)(27,144,954) Closing Balance, December 31, 2019 after Budget Commitments-(Deficit)(58,711)24,573,547 (7,827,587)1,250,259 (2,623,864)17,290,527 4,273,156 35,453,301 Notes: 1. See Attachment 2 for details 2. Budget commitments include capital projects previously approved, but have not proceeded or still ongoing. 2019 & Prior Commitments 3. New Operations Ctr outstanding debt charges from 2020-2037. Total amount owing $12,184,847, allocated in the ratio of 61% "Other Services Related to a Highway" and 39% "Parks & Recreation" 4. New Operations Ctr DC debt charges- 2019 payment of $676,048, allocated 61% to "Other Services Related to a Highway" $412,389 and 39% $263,659 to "Parks & Recreations" 5. Adjustment to 2018 debt charges, on which 100% was allocated to "Other Services related to Highway". Per 2018 DC Study: 61% to "Other Services Related to a Highway" and 39% to "Parks & Recreation" The Municipality is compliant with s.s.59.1(1) of the Development Charges Act,whereby charges are not directly or indirectly imposed on development nor has a requirement to construct a service related to development been imposed, except as permitted by the Development Charges Act or another Act. - 132 - 1 of 2 Attachment #2 to Report #FIN 06-20 City of Pickering Amount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit)DC Act S 43 (2)(b) for the Year Ended December 31, 2019 DC Recoverable Cost Share Non - DC Recoverable Cost Share RFs Description Project Code Gross Capital Costs DC RF: Funded in prior year DC RF: Funded in 2019 DC RF: Future Funding 1 Other Reserves/R eserve Funds Type of Funds (R=Reserve, RF=Reserve Fund) Property Taxes Other Sources Type Total Funding Development Related Studies 7601 Phase 2 South Pickering Intensification Study (Vision/Implementation)2611.2392 222,704 86,488 76,086 0 60,130 222,704 7601 Integrated Transportation Master Plan (ITMP) 2290.2392 376,892 171,359 110,785 59,856 34,892 376,892 7601 Beachfront Park Rehab & Needs Assessment 2290.2392 56,355 0 7,233 30,807 18,315 56,355 7601 Age Friendly Community Plan 2711.2392 50,849 15,318 4,513 0 31,018 50,849 7601 New Financial System 5203.1801.5,000,000 7,321 810,306 1,138,873 1,743,500 R-Rate Stabilization 1,300,000 R-Financial System 5,000,000 7601 Infill & Replacement Housing in Established Neighbourhoods2611.2392 132,970 7,677 26,494 25,666 73,133 132,970 7601 Wayfinding Study for POC, PRC, & Civic Complex2711.2392.45,497 0 13,914 3,830 27,753 45,497 7601 Community Engagm on Economic impct Hghwy 4072611.2392 134,753 38,150 14,205 0 0.00 82,399 134,753 7601 DC Background Study Amendments 2127.2392 31,411 0 28,270 0 3,141 31,411 7601 City Centre SWM Strategy 2613.2392 249,156 0 11,039 213,201 24,915.60 R-City's Share 0 249,156 Sub-total Studies 6,300,587 326,313 1,102,844 1,472,232 1,768,416 - 330,782 1,300,000 0 6,300,587 Protective Services 0 7605 New Fire Hall to service Seaton - Site Preparation - 5340.1601.6460 Other Construction Related Costs - Seaton5340.1601 430,000 76,781 342,469 10,750 R-DC City's Share 430,000 7605 New - Pumper Rescue - Seaton Fire Station A 5340.1707.891,922 147,174 700,152 0 44,596 RF-3rd Party Contribution OPG 891,922 7605 Bunker Gear & Breathing Apparatus Equip. (Seaton FS #3) - New - Equipment for 6 Firefighters including Bunker Gear and Breathing Apparatus Equipment for Seaton Fire Station #35340.1901.126,209 60,491 65,718 126,209 7605 New Fire Station & H.Q. (Seaton FS #3)Re-design - Design and other consulting fees for new fire station 5340.1907.445,000 0 106,240 327,635 11,125 R-City's Share 445,000 Sub-total Fire Services 1,893,131 223,955 866,883 735,822 66,471 1,893,131 Transportation 7610 DH-3Tillings Road - Valley Farm Road to north limit. Oversizing from local road to collector and urbanization. 5321.1001.255,065 134,570 94,989 0 25,506 R-City's Share 0 0 0 255,065 7610 BR-1 Third Concession Road - Brock Road to 425m East (T/L) . Reconstruction/Urbanization including sidewalk and multi-use trail5321.1101.1,576,525 117,844 0 276,931 374,750 R-City's Share & RF-FGT 1,000 806,000 Debt 15-Yr 1,576,525 7610 DH-12 - Old Taunton Road (William Jackson Drive) East of Brock road - adjacent to SP2008-08, Urbanization/multi use trail.5321.1104.357,336 262,390 59,213 35,734 R-City's Share 357,336 7610 BR-4 Brock Rd. East Side (50/50) Dellbrook To Finch Ave.5321.1203.239,314 71,000 2,149 46,508 119,657 R-City's Share 239,314 7610 DH-11 Duffin Heights - North Collector (90/10) East of Brock Rd. (Oversizing)5321.1201.125,600 29,460 83,580 12,560 R-City's Share 125,600 7610 Park Crescent (Sandcastle Court to Cliffview Rd.) - W-1 Park Crescent (50/50%) - Sandcastle Court to Cliffview Rd. Road Reconstruction Incl. Stormsewer.5321.1303.1,000,900 396,758 103,692 0 500,450 R-City's Share 1,000,900 7610 W-2 Cliffview Rd. (50/50%) - Park Cres. to North Limit. Road Reconstruction Incl. Stormsewer.5321.1304.306,250 125,135 27,991 0 153,125 R-City's Share 306,250 7610 Park Crescent - Road Reconstruction - Park Crescent (from Cliffview Road to the terminus) road reconstruction, storm sewer installation, utility relocation and complete landscaping and driveway restoration where required.5321.1601.613,912 243,545 63,411 0 306,956 R-City's Share 613,912 7610 RU-13 Salem Road - Road Reconstruction - Full Road Reconstruction from Fifth Concession Road to Hwy 7 5321.1608.1,409,959 329,586 297,576 77,818 0 4,979 700,000 Debt 10-Yr 1,409,959 7610 B-29 Sandy Beach Road - EA, Design 5321.1609.675,000 104,506 44,267 188,727 37,500 R-AIP 300,000 Loan 10- Yr 675,000 7610 Walnut Lane Extension Study & EA and Detail Design (related to TC-26, TC-27, TC-28) 5321.1703.461,226 103,528 61,036 181,355 115,307 R-City's Share 461,226 7610 WO-3 Kingston Road Sidewalks & Streetlights5321.1805.250,671 0 125,335 0 125,335 R-City's Share 250,671 7610 Salem Rd. - Final Lift of Asphalt - Salem Road - Final lift of asphalt - Fifth Concession Road to Highway 7. Completion of 2018 project.5321.1907.200,174 0 84,425 15,662 100,087 R-City's Share 200,174 City Dev Projects-DCRF only committed5321.0000.8,954,283 0 8,954,283 0 8,954,283 Sub-total Transportation 16,426,216 1,918,323 964,083 9,824,864 1,906,967 5,979 1,806,000 16,426,216 Stormwater Management 7611 B-20 D Krosno Creek SWM Facility Design 5321.1802.965,400 0 463,392 502,008 R-City's Share 965,400 Sub-total Stormwater Management 965,400 0 0 463,392 502,008 965,400 - 133 - 2 of 2 City of Pickering Amount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit)DC Act S 43 (2)(b) for the Year Ended December 31, 2019 DC Recoverable Cost Share Non - DC Recoverable Cost Share RFs Description Project Code Gross Capital Costs DC RF: Funded in prior year DC RF: Funded in 2019 DC RF: Future Funding 1 Other Reserves/R eserve Funds Type of Funds (R=Reserve, RF=Reserve Fund) Property Taxes Other Sources Type Total Funding Other Services Related to a Highway 7615 4 Ton Dump Truck with Snow Plow - New5319.1805 248,188 0 248,188 0 0 248,188 7615 Additional Street Sweeper (Seaton) - New5319.1809 288,403 0 288,403 0 0 288,403 Garbage Packer - New 5780.1813 145,835 131,251 0 14,583 R-City's Share 145,835 7615 New Operations Centre-Debt Charges 61% of total debt charges 1920.7600.2812 8,279,302 409,861 412,389 7,457,052 2 0 8,279,302 Sub-total 8,961,728 409,861 1,080,232 7,457,052 14,583 8,961,728 Parks & Recreation Services 7622 Village Green - Mattamy (Seaton) Dev. - Taunton Subdivision - Construction of one Seaton Village Greens park and water play area. Project will only proceed when Seaton sidewalk savings are received from the developer.5780.1723.246,514 174,821 40,879 0 30,814.28 RF-Seaton Infrastructure 246,514 7622 D.H. Village Green Park (East) - New - Duffin Heights Village Green (East).5780.1708.190,000 0 166,725 23,275.00 190,000 7622 Indoor Soccer Facility and Land - Design & Construction of Indoor Soccer Facility5719.1401.7,296,605 3,369,586 114,543 78,375 R-DCs City's Share 101 3,734,000 Debt 15-Yr 2 7,296,605 7622 Duffin Heights Neighbourhood Park Construction5780.1808.600,000 18,350 508,150 73,500 R-DCs City's Share 600,000 7622 Rotary Frenchman’s Bay West Park Phase 1a &1b5780.1822.2,091,761 839,890 2,644 35,758 1,073,469 R-DCs City's Share 140,000 Other Agency-Swim Drink Fish Cdn2,091,762 7622 Brock Ridge Village Green Construction5780.1810.262,433 0 230,941 0 6,767 R-DCs City's Share 24,725 Landowner 262,433 7622 Seaton (P103) Village Green Construction5780.1816 210,000 0 0 184,275 25,725 RF-FIA 210,000 7622 Seaton (P104) Village Green Construction5780.1817 285,000 250,087 34,913 RF-FIA 285,000 7622 Seaton (P-102) Neighbourhood Park Construction5780.1819 950,000 833,625 116,375 RF-FIA 950,000 7622 Pickering Heritage & Community Ctr (Design)-Community Ctr component 5719.1806.891,814 22,191 76,401 100,192 3 693,030 R-Rate Stabilization 891,814 7622 New Operations Centre - DC Debt Charges. 39% Construction of a new 1920.7600.2812 5,253,497 262,043 263,659 4,727,795 2 - 5,253,497 Sub-total 18,277,624 4,686,882 614,524 6,921,150 2,156,243 101 3,898,725 18,277,624 Library Facilites & Materials 7630 Pickering Heritage & Community Ctr (Design)-Archive Facility component 5719.1806.611,965 63,160 217,449 270,443 3 60,914 R-DCs City's Share 611,965 Sub-total 611,965 63,160 217,449 270,443 60,914 611,965 Grand Total 53,436,652 7,628,494 4,846,014 27,144,955 6,475,602 336,862 7,004,725 53,436,652 1 Projects ongoing. Future funding for incomplete component. DC RF will be drawn when expenses are incurred. 2 New Operations Ctr 20-year DC debt-principal & interest of $13,532,799. Allocation: 61% for 7615-"Other Services Related to a Highway" & 39% for 7622- "Parks & Recreation". Total amount owing from 2020- 2037 $12,184,847 3 The Pickering Heritage & Community Centre is treated as one capital project. In order to show the two DCs service categories, the components related to the Community Centre and Library are presented separately. - 134 - Report to Council Report Number: FIN 07-20 Date: May 25, 2020 From: Stan Karwowski Director, Finance & Treasurer Subject: Commodity Price Hedging Agreements Report ______________________________________________________________________ Recommendation: It is recommended that Report FIN 07-20 from the Director, Finance & Treasurer regarding commodity price hedging agreements be received for information. Executive Summary: The Commodity Price Hedging Policy FIN 060, approved by Council per Resolution #88/10, requires a Report to Council at least once each fiscal year with respect to any and all commodity price hedging agreements in place containing, at a minimum, all information required by Section 6(1) O. Reg. 653/05, as amended, as well as: 1. A statement about the status of the agreements during the period of the Report, including a comparison of the expected and actual results of using the agreements. 2. A statement by the Treasurer that all of the agreements entered during the period of the Report are consistent with the municipality’s statement of policies and goals relating to the use of Commodity Hedging Price Agreements; and 3. Such other information as Council may require. The City has entered into hedging agreements for the commodities of natural gas and electricity procurement through Local Authority Services Ltd. (LAS), which is a wholly owned subsidiary of the Association of Municipalities of Ontario (AMO). Financial Implications: The LAS Hedge Procurement Program currently includes 134 municipalities. It buys energy commodities at varying percentages of their total volume through forward price hedge contracts, rather than being subject to 100 percent of the price volatility through the spot market. The City has elected to continue with Hedging 65 percent of both the City’s natural gas and electricity requirements while the remaining 35 percent is purchased at fluctuating spot market prices. - 135 - Report FIN 07-20 May 25, 2020 Subject: Commodity Price Hedging Agreements Report Page 2 Natural Gas The 2020 natural gas budget is $375,298. To protect the City’s budget plan, the City has entered into the LAS Natural Gas Procurement Program for the period November 1, 2019 to October 31, 2020 at the hedge price of 9.4¢/m3. Electricity The 2020 hydro budget for all City operations including streetlights is $2.27 million. The LAS Electricity Procurement Program hedged purchase price is $24.40/MW (program fees included), which equates to a per kWh contracted price of 2.44¢/kWh, for the period of January 1, 2020 - December 31, 2020. This results in an expected all-inclusive commodity cost of 9.553¢/kWh. Discussion: Volatile shifts in utility pricing create significant challenges in maintaining utility budgets. This uncertainty in energy pricing can impact decision making and cost controllability for the City. The LAS Hedge Procurement Program stabilizes energy pricing, which assists in maintaining the Council approved budget every year. The City has hedged 65 percent of the City’s municipal natural gas and electricity requirements at the prices contained in this report with the remaining 35 percent of the City’s energy consumption being purchased at spot market prices for the 2020 term. This spot market exposure provides cost savings opportunities to the City compared to the current Regulated Price Plan (RPP) for eligible accounts, in addition to the price stability provided by the hedge purchase price. LAS Natural Gas Hedge Procurement Program – Enrolled April – 2006 Commodity Expenditure – 2019 - $346,515 2019 Contract Price - November 1, 2019 - October 31, 2020 – 9.4¢/m3 Hedged Volume – 65 percent The LAS 2020 hedged purchase price for the purchase only portion of natural gas decreased by 11.3 percent (or 1.2¢/m3) from the 2019 rate. In October 2018, the Province cancelled its Cap & Trade program. In response, the Federal Government implemented a carbon pricing program in Ontario in 2019. As part of this program, a carbon charge applies to fossil fuels sold in Ontario, including natural gas. This charge will increase annually each April. In April 2020, this charge increased from 3.91 cents per cubic metre to 5.87 cents per cubic metre. The savings from the lowered hedge purchase price have partially offset the increase in the federal carbon price for natural gas. - 136 - Report FIN 07-20 May 25, 2020 Subject: Commodity Price Hedging Agreements Report Page 3 LAS Electricity Procurement Program – Enrolled January – 2011 Commodity Expenditure – 2019 – $2,096,338 Current Contract Price – January 1, 2020 – December 31, 2020 – 2.44¢/kWh Total Average LAS 2020 Commodity Rate – 9.553¢/kWh which includes: 65 percent Hedge Price + 35 percent Average Hourly Ontario Energy Price + Average Global Adjustment The LAS 2020 hedged purchase price portion increased by 0.08 percent (or 0.04¢/kWh) from the 2019 rate. It is estimated that an all-inclusive cost avoidance of 4.847¢/kWh should be realized, compared to the average Time of Use rates of 14.4¢/kWh. Additionally, LAS hedged a block of off-peak power for municipal streetlight accounts that is expected to provide a rate of 8.422¢/kWh. However, due to a decrease in the Global Adjustment Rate and increase in the Ontario’s Average Hourly Energy pricing, a decrease to the overall cost of electricity is expected of -1.67¢/kWh or -20.64 percent compared to the 2019 all-inclusive rate. Treasurer’s Statement: The objectives of the LAS bulk hedging procurement programs are generally synonymous with our municipal objectives: Facilitates Budgeting – purchasing blocks of energy commodities will produce stable prices for budgeting; Competitive Pricing – provides savings on required purchases; and Maximize Purchasing Power – pooling requirements with 134 municipalities and over 170 participating organizations can leverage better pricing than individual purchasing. The LAS Natural Gas and Electricity Procurement Program has provided the City with a sound commodity hedging strategy for its natural gas and electricity purchases. This benefits the City when prices fall and protects the City as much as possible when prices rise. Annual price stabilization and price benefits from bulk procurement along with individualized support, advice and consumption data reports, provides the City with a means to monitor its usage and more accurately forecast its annual utility budgets. Attachments: None - 137 - Report FIN 07-20 May 25, 2020 Subject: Commodity Price Hedging Agreements Report Page 4 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Ray Rodrigues, CPPB Stan Karwowski, MBA, CPA, CMA Manager, Supply & Services Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Original Signed By: - 138 - To: Deputy Mayor Ashe Members of Council May 15, 2020 From: Jennifer Eddy Director, Human Resources Copy: Chief Administrative Officer City Clerk Subject: Appointment Bylaw – Deputy Fire Chief(s) File: A-1440-001-20 Attached, please find draft By-laws to appoint Stephen Boyd and Jason Yoshida as Deputy Fire Chiefs to act in place of the Fire Chief should he be unable to perform the duties of the Fire Chief or is absent from the workplace. Acting assignments will be awarded in accordance with operational needs and where practicable on a rotating basis. These By-laws will provide the Acting Fire Chief with all the associated authorities of the Fire Chief. This draft by-law is representative of our current practice and complies with the Ontario Fire Protection and Prevention Act, 1997. It is attached for consideration of City Council at their May 25, 2020 meeting. Thank you. WHAT IS CURRENTLY? - 139 - The Corporation of the City of Pickering By-law No. 7758/20 Being a by -law to appoint a Deputy Fire Chief Whereas Section 6 (1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, Chapter 4, as amended provides that if a fire department is established for the whole or a part of a municipality, the Council of the municipality shall appoint a fire chief for the fire department; And Whereas The Corporation of the City of Pickering has enacted By-law 7334/14 appointing John Hagg as Fire Chief; And Whereas Section 6 (6) of the Fire Protection and Prevention Act, 1997, S.O. 1997, Chapter 4, as amended provides that a fire chief may delegate his or her powers or duties under sections 14, 19 and 20 and such other powers and duties as may be prescribed to any firefighter or class of firefighters, subject to such limitations, restrictions or conditions as may be prescribed or set out in the delegation ; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Stephen Boyd is hereby appointed Deputy Fire Chief of The Corporation of the City of Pickering to carry out any and all duties of the Fire Chief in their absence. By-law passed this 25th day of May, 2020. ________________________________ Kevin Ashe, Deputy Mayor ________________________________ Susan Cassel, City Clerk - 140 - The Corporation of the City of Pickering By-law No. 7759/20 Being a by -law to appoint a Deputy Fire Chief Whereas Section 6 (1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, Chapter 4, as amended provides that if a fire department is established for the whole or a part of a municipality, the Council of the municipality shall appoint a fire chief for the fire department; And Whereas The Corporation of the City of Pickering has enacted By-law 7334/14 appointing John Hagg as Fire Chief; And Whereas Section 6 (6) of the Fire Protection and Prevention Act, 1997, S.O. 1997, Chapter 4, as amended provides that a fire chief may delegate his or her powers or duties under sections 14, 19 and 20 and such other powers and duties as may be prescribed to any firefighter or class of firefighters, subject to such limitations, restrictions or conditions as may be prescribed or set out in the delegation ; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Jason Yoshida is hereby appointed Deputy Fire Chief of The Corporation of the City of Pickering to carry out any and all duties of the Fire Chief in their absence. By-law passed this 25th day of May, 2020. ________________________________ Kevin Ashe, Deputy Mayor ________________________________ Susan Cassel, City Clerk - 141 -