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HomeMy WebLinkAboutJune 25, 2001AGENDA COMMITTEE OF THE WHOLE Thomas J. Quinn Chief Administrative Officer JUNE 25, 2001 PICKERING AGENDA COMMITTEE OF THE WHOLE MEETING MONDAY, JUNE 25, 2001 7:30 P.M. CHAIRMAN: Councillor Brenner ADOPTION OF MINUTES Meeting of June 11. 2001 DELEGATIONS John Nemeth. Chair of the Duffins Creek Task Force will address Committee with a report on the status of progress of the Task Force to date and its work plans for the next six months. MATTERS FOR CONSIDERATION PAGE PLANNING & DEVELOPMENT REPORT PD 24-01 ZONING BY-LAW AMENDMENT APPLICATION A 05/01 CENTRAL VERSA DEVELOPMENT CORPORATION PART OF LOT 21. RANGE 3. B.F.C. (WEST SIDE OF SANDY BEACt4 ROAD, SOUTH OF BAYLY STREET) 1-28 PLANNING & DEVELOPMEN'I' REPORT PD 23-01 ZONING BY-LAW AMENDMENT APPLICATION A 34/00 PETRO-CANADA PART OF LOT 19, RANGE 3, B.F.C. (SOUTHWEST CORNER OF BAYLY STREET AND BROCK ROAD) 29-48 OPERATIONS & EMERGENCY SERVICES REPORT OES 16-01 NAMING OF PARK AT WESTSHORE BLVD AND SUNRISE AVE AND NAMING OF PARK AT PARK CRESCENT AND CLIFFVIEW DRIVE 49-56 OPERATIONS & EMERGENCY SERVICES REPORT OES 14-01 TANG/RORRISON LICENCE TO OCCUPY WALKWAY (RAMBLEBERRY AVENUE) PART LOT 27, PLAN 1051. PICKERING (PART LOT 12, PLAN 40R-10323) 57-62 OPERATIONS & EMERGENCY SERVICES REPORT OES 17-01 CONTRACT FOR WASTE COLLECTION SERVICES MILLER WASTE SYSTEMS 63-67 OPERATIONS & EMERGENCY SERVICES REPORT OES 18-01 TENDER FOR ROOF REPLACEMENT PICKERING RECREATION COMPLEX TENDER NO. T-5/2001 68-77 OPERATIONS & EMERGENCY SERVICES REPORT OES 12-01 P1CKERING RECREATION COMPLEX POTTERY STUDIO LEASE AGREEMENT 78-92 CORPORATE SERVICES REPORT CS 21-01 2001 TAX RATES FOR ALL CLASSES OF PROPERTY & FINAL TAX DUE DATES FOR ALL REALTY TAX CI.ASSES EXCEPT FOR COMMERCIAL, INDUSTRIAL & MULTI-RESIDENTIAL REALTY CLASSES 93-103 CORPORATE SERVICES REPORT CS 19-01 2001/2002 PROPERTY AND LIABILITY INSURANCE 104-107 CORPORATE SERVICES REPORT CS 18-01 AUDIT SERVICES - REQUEST FOR PROPOSAL 108-111 CORPORATE SERVICES REPORT CS 20-01 BILL 46 - THE PUBLIC SECTOR ACCOL%'TABILITY ACT FIRST READING MAY 9, 2001 112-133 AJAX PICKERING TRANSIT AUTHORITY TRAN 01-01 AMENDING AGREEMENT - RELOCATION OF PICKERiNG TRANSIT CONVENTIONAL VEHICLES TO AJAX 134-150 LEGAL REPORT L 13-01 ROAD CLOSING AND SALE OF CITY LANDS PART OF THE ROAD ALLOWANCE BETWEEN LOTS 20 & 21. CONCESSION l, PICKERING DESIGNATED AS PART 3. PLAN 40R-7103 (VALLEY FARM ROAD) 151-154 CLERKS REPORT CL 25-01 REGULATION OF SMOKING IN PUBLIC PLACES AND WORKPLACES 155-172 CLERKS REPORT CL 24-01 APPOINTMENTS TO ENFORCE THE PARKING BY-LAW AT 1822 WHITES ROAD, AMBERLEA PLAZA . -~CONFIDENTIAL MATTERS FOR CONSJ, DERATION To consider a Property' Matter 173-177 178-190 (V) OTHER BUSINESS {VI} ADJOURNMENT 4 AGENDA COUNCIL MEETING JUNE 25, 2001 FOLLOWING THE ADJOURNMENT OF THE REGULAR COMMITTEE OF THE WHOLE MEETING ADOPTION OF MINUTES Regular Meeting of June 18. 2001 (II} RESOLUTIONS 1. To adopt the Report of the Executive Committee dated June 25, 2001. (III) BY-LAWS B~y- law N umber 5856/01 Being a by-law to adopt the estimates of all sums required to be raised bv taxation for the year 2001 and to establish the Tax Rates necessary to raise such sums. B~v-taw Number 5857/01 Being a by-law to amend Restricted Area {Zoning) Bv-la~' 2520, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 21, Range 3, B.F.C.. City ofPickering. (A 05/01) ~_y-law Number 5858/01 Being a by-law to amend Restricted Area (Zoning) Bv-law 2511, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 19, Range 3, B.F.C., City ofPickering. (A 34/00 ~y-law Number 5859/01 Being a by-law to approve the naming of those lands snuated at the southeast comer of Westshore Blvd. and Sunrise Ave. as "Rotar?' Frenchman's Bay West Park" and those lands at Park Crescent and CliflMew Drive as "Fairport Community Park". B_x-law Number 5860/01 Being a by-law to authorize the execution of Licence Agreements permitting the occupancy of Part Lot 27, Plan 1051, Picketing (Part 12, Plan 40R-10323) bv the a4jacent owners for residential purposes (Rorrison~q'ang). By-law Number 5861/01 Being a by-law to authorize the renewal of an Agreement lbr the lease of space at the Pickering Recreation Complex for a Pottery Studio. 191-195 196-198 199-203 204-209 210-211 212-213 214 5 Bv-law Number 5862/01 215-220 Being a by-law to authorize the execution of an Amending Agreement between the Corporation of the City of Pickering and the Corporation of the Town of Ajax to relocate Pickering conventional transit vehicles to the Ajax thcilitv. By-law Number 5863,/01 221-223 Being a by-taw to exempt Lots 4, 6. 13. 14. 17, 20. 26 and 28. Plan 40M-2033, Pickering fi.om part lot control. Bv-law Number 5864/01 224-226 Being a bv-la~ to exempt Lots 89 and 90. Plan 40M-1969. Picketing. from part lot control. By-law Number 5865/01 227 Being a by-law to appoint By-law Enforcement Officers tbr certain purposes (Parking Regulation - 1822 Whites Road.) (IV) NOTICE OF MOTION Moved by Councillor Holland Seconded by Councillor Pickles Re: Pesticides.{to be circulated under separate cover/ CONFIRMATION BY-LAW VI~DJOURNMENT NOTICE OF MOTION DATE: JUNE 25, 20{}1 MOVED BY: COUNCILLORJOtiNSON SECONDED BY: COUNCILLOR PICKLES WHEREAS SLF Joint Venture requires that Highway //7 through tile Hamlet of Brougham be closed from June 26, 2001 to at least August 31, 2001 to provide fbr the completion of' Highway//407 to Highway//7; and WHEREAS notice of the closing of' Highway ,97 was given to the residents and businesses in the Hamlet of Brougham on or about June 14, 2001; and WttEREAS the businesses that operate in the Hamlet of Brougham will be seriously affected financially by the closing of Highway //7 and were not given suflqcient time to make alternate arrange~nents for their business operations: NOW THEREFORE the Council of' tile Corporation of' the City of Pickering hereby requests SLF Joint Venture to come to a satisfactory agreement with the businesses in the Hamlet of Brougham that will be affected by the closing of Highway #7 that will ensure that those businesses are fairly compensated For business lost during the closing of Highway//7 in the Hamlet of Brougham; and THAT a copy of this resolution be tbrwarded to the Right Honourable Mike Harris, Premier of Ontario and the Honourable Janet Ecker. CARR I E D: MAYOR Bta)lor:NoM Iligh~w~y 7 AGENDA COMMITTEE OF THE WHOLE MEETING MONDAY, JUNE 25, 2001 7:30 P.M. CHAIRMAN' Councillor Brenner ADOPTION OF MINUTES Meeting of June 11. 2001 (II) I. DELEGATIONS John Nemeth. Chair of the Duflins ('reek Task Force will address Committee with a report on the status of progress of the Task Force to date and its work plans for the next six months. MATTERS FOR CONSIDERATION PAGE PLANNING & DEVELOPMENT REPORT PD 24-01 ZONING BY-LAW AMENDMENT APPLICATI()N A 05/01 CENTRAL VERSA DEVELOPMENT CORPOILA'I'ION PART OF LOT 21. P,,,\NGE 3. B.F.C. (WEST SIDE OF SANDY BEACH ROAD. SOUTH OF BAYLY STREET) 1-28 PLANNING & DEVELOPMENT REPORT PD 23-( 1 ZONING BY-LAW AMENI)MENT APPLICATION A 34/00 PETRO-CANADA PART OF LOT 19. RANGE 3. B.F.C. (SOUTHWEST CORNER OF BAYLY STREET AND BROCK ROAD) 29-48 OPERATIONS & EMERGENCY SERVICES REPORT OES 16-01 NAMING OF PARK AT WESTSHORE BLVD AND SUNRISE AVE AND NAMING OF PARK AT PARK CRESCENT AND CLIFFVIEW DRIVE 49-56 OPERATIONS & EMERGENCY SERVICES REPORT OES 14-01 TANG/RORRI SON LICENCE TO OCCUPY WALKWAY (RAMBLEBERRY AVENUE) PART LOT 27, PLAN 1051. PICKERING (PART LOT 12, PLAN 40R-10323) 57-62 OPERATIONS & EMERGENCY SERVICES REPORT OES 17-01 CONTRACT FOR WASTE COLLECTION SERVICES MILLER WASTE SYSTEMS 63-67 OPERATIONS & EMERGENCY SERVICES REPORT OES 18-01 TENDER FOR ROOF REI)LACEMENI' PICKERING RECREATION COMPLEX TENDER NO. T-5'2001 68-77 OPERATIONS & EMERGENCY SERVICES REPORT OES 124)1 PICKERING RECREATION COMPLEX POTTERY STUDIO LEASE AGREEMENT 78-92 CORPORATE SERVICES REPORT CS 21-01 2001 TAX RATES FOR ALL CLASSES OF PROPERTY & FINAL TAX DUE DATES FOR ALL REALTY TAX CI~ASSES EXCEPT FOR COMMERCIAL, INDUSTRIAL & MULTI-RESIDENTIAL REALTY CLASSES 93-103 CORPORATE SERVICES REPORT CS I C~-()l 2001/2002 PROPERTY AND LIABILITY INSURANCE 104-107 10. CORPORATE SERVICES REPORT CS 18-01 AUDIT SERVICES - REQUEST FOR PROPOSAL 108-111 11. CORPORATE SERVICES REPORT CS 20-01 BILL 46 - THE PUBLIC SECTOR ACCOUNTABILITY ACT FIRST R_EADING MAY 9. 2001 112-133 12. AJAX PICKERiNG TRANSIT AU'IHORITY TRAN 01-01 AMENDING AGREEMENT - RELOCATION OF PICKERING TRANSIT CONVENTIONAL VEHICLES; TO .*MAX 134-150 13. LEGAL REPORT L 13-01 ROAD CLOSING AND SALE OF CITY LANDS PART OF THE ROAD ALLOWANCE BETWEEN LOTS 20 8,: 21, CONCESSION 1. PICKERING DESIGNATED AS PART .~, PLAN 40R-7103 (VALLEY FARM ROAD) 151-154 14. CLERKS REPORT CL 25-01 REGULATION OF SMOKING IN PUBLIC PLACES AND WORKPLACES 155-172 15. CLERKS REPORT CL 24-01 APPOINTMENTS TO ENFORCE THE PARKING BY-LAW AT 1822 WHITES ROAD, AMBERLEA PLAZA 173-177 (IV) 1. CONFIDENTIAL MATTERS FOR CONSIDERATION To consider a Property Matter 178-190 OTHER BUSINESS (VI) ADJOURNMENT 4 AGENDA COUNCIL MEETING JUNE 25, 2001 FOLLOWING THE ADJOURNMENT OF THE REGULAR COMMITTEE OF THE WHOLE MEETING (i) ADOPTION OF MINUTES Regular Meeting of June 18. 2001 (II) 1. RESOLUTIONS 'Fo adopt the Report of the Executive Conmtittee dated June 25.200l. (I11) BY-LAWS By-law Number 5856/01 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2001 and to establish the Tax Rates necessary to raise such sums. By-law Number 5857/01 Being a by-law to amend Restricted Area (Zoning) Bv-la~v 2520, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Pan of Lot 21, Range 3. B.F.C.. City of Pickering. (A 05/01 ) By-law Number 5858/0 t Being a by-law to amend Restricted Area (Zoning) Bv-la;~ 251 l. to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 19. Range 3, B.F.C., City of Picketing. (A 34/00) By-law Number 5859/01 Being a by-law to approve the naming of those lands situated at the southeast comer of Westshore Blvd. and Sunrise Ave. as "Rotary Frenchman's Bay West Park" and those lands at Park Crescent and Cliffviev~~ Drive as "Fairport Community Park". By-law Number 5860/01 Being a by-law to authorize thc execution of Licencc Agreements permitting the occupancy of Part Lot 27, Plan 1051, Pickering {Part 12. Plan 40R-10323) by the a4iacent owners for residential purposes (Rorrison/Tang). By-law Number 5861/01 Being a by-law to authorize the renewal of an Agreement tbr the lease of space at the Pickering Recrealion Complex for a Pottery Studio. 191-195 196-198 199-203 204-209 210-211 212-213 214 Bv-law Number 5862/01 Being a by-law to authorize the execution of an Amending Agreement between the Corporation of the City of Pickering and the Corporation of the Town of Ajax to relocate Pickering conventional transit vehicles to the Ajax facility. ~y-law Number 5863/01 Being a bv-la,a' to exempt Lots 4. 6. 13. 14. 17. 20. 26 and 28. Plan 40M-2033. Pickering from part lot control. Bv-law N umber 5864/01 Being a by-law to exempt Lots 89 and 90, Plan 40M-1969, Pickering, from part lot control. Bv-law Number 5865/01 Being a by-law to appoint Bv-laxv Enforcement Officers lbr certain purposes (Parking Regulation - 1822 Vdfites Road. ) 215-220 221-223 224-226 227 {IV} NOTICE OF MOTION Moved by Councillor Holland Seconded by Councillor Pickles Re: Pesticides l'to be circulated under se__~arate coverl CONFIRMATION BY-LAB' (VI) ADJOURNMENT O1 RECOMMENDATION OF THE COMMITTEE THE WHOLE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 05/01. submitted by Central Versa Development Corporation, on lands being Part of Lot 21. Range 3, B.F.C., City of Pickering, to amend thc zoning of thc subject land,.; fi'om "R3" Residential Detached Dwelling - Third Density Zone to an appropriate site specific zone category,' in order to permit the development of a two storey, 124 bed, long term care thcility, be APPROVED subject to the conditions outlined in Appendix 1 to Report Number PD 24-01; and That the amending zoning bv-la,a' to implement Zoning By-law Amendment Application A 05/01. as set out in draft in Appendix I1 to Report Number PD 24-01, be forwarded to City Council tbr enactment. O2 PICKERING REPORT TO COUNCIL FROM: Neil CalToll Director, Planning & Development DATE: June 14, 2001 REPORT NUMBER: PD 24-01 SUBJECT: Zoning By-law Amendment Application A 05/01 Central Versa Development Corporation Part of Lot 21, Range 3, B.F.C. (West side of Sandy Beach Road, south of Bayly Street) City of Picketing RECOMMENDATION: That Zoning By-law Amendment Application A 05/01, submitted by Central Versa Development Corporation, on lands being Part of Lot 21, Range 3, B.F.C., City of Pickering, to amend the zoning of the subject lands from "RY' Residential Detached Dwelling - Third Density Zone to an appropriate site specific zone category in order to permit the development of a two storey, 124 bed, long term care facility, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 24-01; and; That the amending zoning by-law to implement Zoning By-law Amendment Application A 05/01, as set out in draft in Appendix II to Report Number PD 24-01, be forwarded to City Council for enactment. ORIGIN: Zoning By-law Amendment Application A 05/01 submitted to the City of Pickering. AUTHORITY: The Planning Act, R.S.O. 1990, chapter P.13 FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. EXECUTIVE SUMMARY: The subject property is located on the west side of Sandy Beach Road and currently supports a detached dwelling and accessory building (see Attachment #1 - Location Map). The applicant has requested an amendment to the existing zoning by-law to permit the establishment of a two storey, 124 bed, long term care facility (see Attachment #2 - Applicant's Submitted Plan). The existing dwelling and accessory building are intended to be demolished. Report to Council PD 24-01 SubJect: Zoning By-law Amendment Application A 0501 Date: June 14, 2001 Page 2 O3 Central Versa Development Corporation originally proposed a similar development on Fairport Road. The applicant is no longer proceeding with ttnat application, and has stated that the new site on Sandy Beach Road is more suitable to their operation. Tine proposed building is limited to tv,'o storeys, exhibits residential characteristics, and is considered compatible with the surrounding neighbourhood. This t.,,pc of l;acilitv will assist the City of Picketing to accommodate its aging population and to address the needs of the community in the future. The addition of this housing xx'ill assist thc City in addressing its Official Plan housing policies. It is recommended that this application be approved. It is recommended that Zoning Bx-law Amendment Application A 05/01 be approved, and that Council adopt the draft implementing bv-lmv attached as Appendix II to Report Number PD 24-01. BACKGROUND: 1.0 information Meeting A Public Information Meeting xvas held on May 17, 2001. to discuss the applicant's proposal. Information Report No. 14-01, xvhictn summarizes tine applicant's proposal and outlines tine issues identified ttwough circulation of tile application, was prepared for the meeting. The text of tine Inlbrnmtion Report is provided for reference (see Attachment At tine Public lnfomnation Meeting, Planning stag' gave an explanation of the application. A number of local residents appeared at the meeting to express their concerns. The minutes of the meeting are included as Attachment =4. 2.0 Additional Information Since the preparation of Infornmtion Report No. 01-t)1. tine foiler:lng comments have been received: The Region of Durham Planning Department tins advised ttmt the proposed amendment to tine zoning by-law conforms to the Regional O£ficial Plan and that provincial interests do not appear to be affected by the application (see Attachment =5 ). Veridian Connections, Canada Post and the Durham District School Board have advised that they have no objections to tine application. Resident Comment - Nancy Spilberg of 887 Rcgan Place provided written objection to the proposed zoning amendment expressing tile opinion that the lands would be better utilized if the existing house v,'as preserved as is and that the southern portion of the lands was developed as parkland. Additional concerns with respect to property values, parking, tree preservation, building heigtnts, lighting, noise and traffic ,,,,'ere noted (see Attachment #6). Resident Comment - Don and Sandi Bali of 892 Rextan Boulevard provided written objection to the proposed zoning amendment expressing concerns with property values, building heights, fencing, and drainage {see Attachment ~7). O4 Report to Council PD 24-01 Subject: Zoning By-law Amendment Application A 05/01 Date: June 14, 2001 Page 3 3.0 3.1 3.2 3.3 Resident Comment - Maureen Whiteway of 886 Reytan Boulevard provided written objection to the proposed zoning amendment due to concerns ~vith property values, parking, tree preservation, building heights, lighting, noise, traffic, and setbacks, access to Reytan Boulevard and loss of privacy (see Attachment #8). Discussion Long Term Care Facility Provincial Initiatives The Province of Ontario announced an initiative, The Long Term Care Bed Development Project, in 1998 with a goal to have 20,000 new long term care beds developed in Ontario by 2004, increasing the number of long term beds in the province by 35 per cent. The population of Ontario's seniors is expected to double by 2028. The Province of Ontario has provided three billion dollars towards the development of long term care facilities and redevelopment of existing facilities. The funding is to be dispensed through "awards" to prospective applicants. Central Versa Development Corporation was granted two awards; one in 1998 for 60 beds and another in 2000 for an additional 64 beds, for a total of 124 beds that are to be provided within the municipality of Picketing. Appropriateness of Use The Pickering Official Plan Schedule I - Land Uses Structure designates the site as "Urban Residential - Low Density". This designation permits the establishment of, among other uses, community, cultural and recreational facilities. The establishment of a long term care facility would comply with this designation subject to appropriate performance standards, which address the character of the existing neighbourhood. The Pickering Official Plan contains housing objective policies for the City. The policies state that City Council shall encourage housing opportunities that respond to the existing and future needs and characteristics of the population. The Plan contains additional policies that encourage the provision of special needs housing including assisted housing for low income people, seniors, emergency accommodation, and other forms of supportive housing. The applicant has provided information from Statistics Canada, which indicates that the future population of residents (75 years and older) in Pickering will grow from 1,600 in 1996 to 3,400 by the year 2006. It is reasonable to assume that the demand for these types of facilities will continue to grow as Pickefing's population ages. It is important to ensure that the provision of these types of facilities are available to the current and future residents of Pickering. Traffic Review Planning & Development staff have consulted with staff in the Municipal Property & Engineering Division regarding the traffic concerns expressed at the Public Information Meeting. Sandy Beach Road is under City jurisdiction and is designated a type "C" arterial road in the Pickering Official Plan. This road category is intended to accommodate lower volumes of traffic for an arterial road at slower speeds, provide access to properties, and generally have a fight-of-way width ranging from 26 to 30 metres. A road widening of 3.05 metres has been requested along the property frontage in order to provide for the future widening ~.nd urbanization of Sandy Beach Road. Report to Council PD 24-01 Subject: Zoning By-law Amendment Application A 05 01 Date: June 14, 2001 Page 4 0 5 3.4 3.5 3.6 The applicant submitted a Traffic Asscssment Report which indicates that the impact of the proposed facility on the existing traffic levels on Sandy Beach Road will be negligible and that the intersection will continue to function at an acceptable level of service. The Municipal Property & Engineering Division reviewed the application and supporting Traffic Assessment Report and concur with the report conclusions. A number of local residents expressed concern that tine applicant may propose to provide access (vehicular or pedestrian) to Revtan Boulevard. Tine Plarming & Development Department promotes pedestrian access whenever feasible to provide connections within a community. However, further review of the proposed ~ading plan has indicated that neither type of access can be readily accommodated. Thc applicant stated at the Public Information Meeting that they do not have any intent to provide vehicular or pedestrian access to Revtan Boulevard. It is proposed that this interface with Reytan Boulevard be landscaped and fenced in order to prevent discourage the use of Reytan Boulevard as potential alternative parking area. Surplus City Owned Land The City of Pickering owns a triangular shaped parcel of land fronting Reytan Boulevard, abutting the subject property at the souttn-xvest conner of the site (see Attachment #1 - Location Map). This property is considered by Staff to be surplus to the City's needs and appears to most appropriately be combined with the Central Versa lands. The property would provide additional area for landscaping and enable an improved grading treatment for this area of the site. Due to thc resident concerns respecting possible access to Reytan Boulevard, and subject to Council's concurrence, tile lands could be sold with restrictions to prevent future access from tile site to Rextan Boulevard. We understand that disposal of the City's lands adjacent to the site wilt be the subject ora separate report to Council from tine Chief Administrative Officer. Tree Preservation / Removal Staff from the Planning & Development Department have visited the site to examine the health and species of existing vegetation on-site and have reviewed tim applicant's submitted Tree Management Report. The report recommends the removal of a large number of the existing mature trees on-site duc to various reasons such as poor health, survivability during construction and or conflict with project development; however, poor health was the most common reason for the proposed removals. Th{ Planning & Development Department concurs with the contents and recommendations of the report. Through the review of the associated site plan application the applicant will be required to plant new trees in specific locations to help buffer the new building from existing dwellings. Storm Water Management Thc area south of the proposed driveway is proposed to act as a storm water retention pond for a short period of time following a storm event. Tine local residents expressed concerns that the open pond is unsafe. The applicant has submitted a concept plan and supporting report regarding the intended storm water management for the site. The report indicates that the pond will only retain stoma water for a short time frame to allow it flow into the drainage ditch on Sand,,' Beach Road and thai: it will remain dry the remainder of the time. The proposed storn~ water management facility is required to ensure that post-development flows will be equal to or lower than pre-development flows. 06 Report to Council PD 24-01 Subject: Zoning By-law Amendment Application A 05/01 Date: June 14, 2001 Page 5 3.7 3.7.1 3.7.2 Recommended Provisions and Restrictions A draft implementing by-law has been prepared which accommodates the use sought by the applicant with specific restrictions to be imposed to address the scale and extent of the built form. Specific attention has been given to the following areas: Building Height The existing residential dwellings surrounding the subject property range from one to two storeys in height and the current zoning provisions permit the construction of dwellings up to 10.5 metres in height. The long term care facility is proposed to be a maximum of two storeys at a height of 9 metres. The overall height of the building is lessened by the use of a gently sloping roof line that is similar to manv residential developments. In order to ensure that the massing of the proposed facilitv is restricted to that shown on the applicant's site plan, the draft by-law contains a provision limiting the maximum height of the facility to 9 metres. Building Setbacks The applicant has submitted a site plan, which illustrates that the setbacks from the proposed building to lot lines meet or exceed the typical setbacks that apply to residential buildings in this neighbourhood. The proposed facility is located at its closest point a minimum of 7.5 metres from the north lot line which abuts the rear yards of existing dwellings fronting onto Drava Street. Local residents expressed concern that this proposed setback, combined with the height of the building, would impose on their privacy. The applicant has made efforts to reduce the impact of the massing on the building by utilizing gently sloping rooflines away from the existing residences. Further, the layout of the building has been designed so that no windows from the units will face into the rear yards of the existing dwellings on Drava Street. The proposed layout of the building does not provide a continuous wall massing along the north elevation. The building is designed into four wings that are approximately 15 metres wide and separated by a secured outdoor garden area. The proposed design, combined with the applicant's initiative to maintain a lower roofline, provides a basis for support of the requested 7.5 metre setback from the north lot line. 3.7.3 Parking Requirements The applicant supplied a report regarding Traffic Assessment for the facility, which included recommended parking ratios. The report indicated that the Town of Richmond Hill and the City of Toronto have accepted parking ratios of 0.25 and 0.26 parking spaces per bed respectively for similar facilities (approximately 1 parking space per 4 beds). The consultant indicated that the proposed parking supply is sufficient. The parking ratio that has been applied in the draft by-law recommended for approval is based on an off-street parking study that was prepared by the Town of Pickering in June, 1986. The report provides specific parking requirements for nursing homes. The report recommends that a parking ratio of 1.0 space per four beds be supplied for staff plus an additional 0.5 spaces per four beds be provided for visitors. Therefore, the total number of parking spaces that must be provided based on 124 beds is 47 spaces. The applicant is currently proposing 50 parking spaces which complies with the recommended provisions. A draft implementing by-law has been prepared, and is attached as Appendix II to Report Number PD 24-01, accommodates the uses sought by the applicant with specific restrictions to be imposed to address the scale and extent of the built form. Accordingly, it is recommended that Council approve Zoning By-law Amendment Application A 05/01, as set out in draft in Appendix I to Report Number PD 24-01. Report to Council PD 24-01 Subject: Zoning By-law Amendment Application A 05 01 Date: June 14, 2001 Page 6 07 4.0 A~2plicant's Comments The applicant has reviewed thc contents of this Report and draft by-law, and concurs with the contents. .ATTACHMENTS: 3. 4. 5. (5. 8. Location Map Applicant's Submitted Plan Infom~ation Report Minutes o£Public Information Meeting Region of Durham Resident Correspondence - Nancy Spilberg of 887 Regan Place Resident Correspondence - Don and Sandi Ball of S92 Rexlan Boulevard Resident Correspondence - Maureen Whitewav oi' SS0 Rcvtan Boulevard Prepared By: Tyler Barnett Planner t Approved Endorsed By: ~ ~}cCt ~r,n';lll~~Development Lynda TaykrtTMcllkRPP Manager, CurrentOperations JTB/pr Attachments Copy': Chief Administrative Officer Recommended for the consideration of Picketing 1 City Council / Thdmhs J. Quin ,_~hief/qtministrati~ OS APPENDIX I TO REPORT NUMBER PD 24-01 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 05/01 (a) (b) That the implementing by-law zoning by-law: i) shall amend By-law 2912/88 by changing the zoning on the subject property from "R3" - Third Density Residential Zone to "R(NH)" Residential - Nursing Home Zone; ii) shall include a maximum height of 9 metres; iii) shall require a minimum of 1.5 parking spaces per 4 beds for staff and visitor; That the owner satisfy the City's Director, Planning & Development through the associated site plan approval process, respecting matters including, but not limited to: i) the provision of privacy fencing adjacent to all residential properties; ii) the conveyance of a 3.05 metre road widening along the Sandy Beach Road frontage; iii) the provision of a sidewalk along the Sandy Beach Road frontage; iv) the provision of pre-servicing for sewer connections; v) that the applicant enter into an appropriate development agreement to address off-site works such as sidewalks, stormwater management, pre-servicing and contributions for the urbanization of Sandy Beach Road, if required. APPENDIX II TO REPORT NUMBER PD 24-01 DRAFT BY-LAW ZONING BY-LAV~~ AMENDMENT APPLICATION A 05/01 10 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 21, Range 3, B.F.C., City of Pickering. (A 05/01) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the establishment of a long term care facility on the subject lands, being Part of Lot 21, Range 3, B.F.C., City of Picketing; AND WHEREAS an amendment to By-law 2520, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with declared to be part of this By-law. notations and references shown thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 21, Range 3, B.F.C., City of Pickering, designated "R(NH)" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS (1) In this By-law, (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverag.~ shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontag~ shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line. -2- (2) (3) "Nursin.g_ Home" shall mean a building or part of building where people are lodged, fed. cared and provided for, and may be aided itl any or all daily activities, and may include the provision of nursing services, n'iedical care o.o.o~ tr'eatme~l, and ancillary administrative offices, which is operated by a privatc~gl~lic, religious, cultural or charitable organization, and which is dui.`' Iicens~~[o tine laws et'tine Province of Ontario. (a) "Yard" shall mcan an area o~'R'hich is appurtenant to and located on the same lot as a buildina or structure find is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as arc specifically permitted tlnereon; (b) "Front Yard" shall mcan a yard extending across thc 1~11 xvidttn of a lot between the front lot line of the lot and tine nearest wall of tine nearest main building or structure on the lot; (c) "Front Yard De. ptln" shall mean tine shortest tnorizontal dimension of a front yard of a lot between the front lot linc and thc nearest wall o£ the nearest main building or structure on tine lot; (d) "Rear Yard" shall mcan a yard extending across tile full width o£ a lot between the rear lot line of the lot. or where tlncre is no rear lot line. the junction point o£the side lot lines, and thc nearest v, all of thc nearest main building or structure on tile lot: (e) "Rear Yard De_pth" slnall mean thc shortest horizontal dimension of a rear yard of a lot between the rear lot line el'tine lot, or v, here there is no rear lot line, the junction point of the side lot lines, and thc nearest wall oF ttnc nearest main building or structure on tine lot; (0 "Side Yard" shall mean a yard of a lot extending: From the Front yard to the rear yard, and from the side lot line to ttne nearest '`'`'all el'the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean tile slnortest }~ori:,ontal dimension o£ a side yard of a lot between the side lot linc and the nearest wall of tine nearest nnain building or structure on the lot; (h) "Flankag.9. Side Yard" sinai1 mcan a side yard immediately adjoining a street or abutting on a reserve on the opposite side of'`vhic:h is a street; (i) "Flanka_gg_ Side Yard Widttn" stmlI mean the shortest horizontal dimension of a flankage side yard of a lot k?tween tile lot linc adjoining a street or abutting on a reserve on the opposite side of which is a streeL and the nearest ,,',,all o£ the nearest main building or structure on tine lot: and O) "Interior Side Yard" shall l'nean a side yard other than a l'lankage side yard. 5. PROVISIONS (1) Uses Permitted ("R(NH)" Zone) No person shall within tine lands designated "R(NH)" on Schedule I attached hereto, use any lot or erect, alter, or use anv building or structure for any purpose except the following: (a) nursing home; (2) Zone Requirements ("R(NH)" Zone) No person shall within the lands designated "R(NH)" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) (b) (c) (d) (e) Building Location and Setbacks: Buildings and structures shall be located entirely within the envelope illustrated on Schedule I attached to this By-law; LOT COVERAGE (maximum): 30 per cent BUILDING HEIGHT (maximum): 9 metres OPEN STORAGE: All uses, other than parking, shall take place entirely within buildings or structures with no outside storage or display permitted. PARKING REQUIREMENTS: A B C BY-LAW 2520 building enclosed There shall be provided and maintained on the lot a minimum of 1.5 parking spaces per 4 beds for staff and visitors; Sections 5.21.2 (a) and 5.21.2 (b) of By-law 2511 as amended shall not apply to the lands designated "R(NH)" on Schedule I attached hereto; Notwithstanding Section 5.21.2 g) of By-law 2520, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; By-law 2520, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2520, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 2001. day of O Fr Wayne Arthurs, Mayor Bruce Taylor, Clerk R(NH) [----I Btii[DlI,iO ENVELOPE SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2001 MAYOR CLERK A'I"I'ACHMENT ~. I TO REPORT#PD $~-Cvl BAYLY STREET BAYLY STREET : -~ ~.~.--6~ =' CITY O 'NED LAND PROPERTY _,~--_-- __--qq II II~~_.g~ Gity of ~ickoring Planning & Dovolopmont Dopartmont PROPERTY DESCRIPTION PART OF LOT 21, RANGE 3, B.F.C. OWNER MARLENE MITCHELL DATE JUN 15, 2001 DRAWN BY RC APPLICATION No. A 5/01 SCALE 1:5000 CHECKED BY TB FOR DEPARTMENT USE ONLY PN-3 PA- ATTACHMENT ~ ~--_--?-___T0 REPORT ~ PD~ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 5/01 CENTRAL VERSA DEVELOPMENT CORPORATION i THIS MAP ,,'CAS PRODUCED BY THE CI~ OF PICKERING P',~NN!NG & DEVELOPMENT DEPARTMENT ~NFORMA"',ON & SUPPORT SERVICES JUNE 18 2001 16 ATTACHMENT #_ -~ TO REPORT # PD 'O~ki- O l PICKERING INFORMATION REPORT NO. 14-01 FOR PUBLIC INFORMATION MEETING OF May 17, 2001 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 05/01 Central Versa Development Corporation Part of Lot 21, Range 3, B.F.C. (West side of Sandy Beach Road, south of Bayly Street) City of Picketing 1.0 2.0 3.0 3.1 3.2 PROPERTY LOCATION AND DESCRIPTION - subject property consists of a total area of 1.385 ha, and is located on the west side of Sandy Beach Road, south of Bayly Street (see Location Map - Attachment #1); - the subject property currently supports a detached residential dwelling known as 900 Sandy Beach Road; - the subject property is sun'ounded by residential land uses to the west, north and south, and industrial uses are located on the east side of Sandy Beach Road. APPLICANT'S PROPOSAL - the applicant proposes to amend the current zoning on the subject lands to permit the construction of a 124-bed long-term care facility for seniors; - the preliminary site plan proposes the construction of an approximate 7063 square metre two storey building; - the existing dwelling would be demolished; - a reduction of the applicant's proposed development is included as Attachment/42 to this report. OFFICIAL PLAN AND ZONING Durham Regional Official Plan - Durham Regional Official Plan designates the subject lands as "Living Area"; Pickering. Official Plan Schedule I of the Picketing Official Plan - "Land Use Structure" designates the subject property as "Urban Residential - Low Density Area" within the Bay Ridges Neighbourhood; residential uses, and community uses such as long-term care facilities are permitted in this area; specific limitations and restrictions on such uses may be included in zoning by-laws; Information Report No. 14-01 ATTACHMENT #_ .?.2~TO REPORT ,¢ PDt__ Page 2 3.3 4.0 4.1 ~2520 Zoning By-law 2520 identifies the subject property as "R4" Fourth Density Residential Zone, which permits a detached dwelling use only; an amendment to this zoning is required to add a long-term care facility as a permitted use. RESULTS OF CIRCULATION Resident Comments 4.2 4.3 4.3.1 4.3.2 5.0 - none received to date; A e~_gg/!_q.~C o m ments none received to date; Staff Comments Compatibility - the key issues to be reviewed with respect to the proposal is the compatibility of a 124-bed long-term care facility with the surrounding neighbourhood; - compatibility of the proposal taus! be reviewed fi'om the lblloxving perspectives: · impact on the streetscape of Sandy Beach Road and Rcytan Boulevard; · relationship to, and impact on, surrounding residential properties; · traffic generation and on-site parking availability; · building massing, height and materials; · number of units/residents; · landscaping, fencing, and tree preservation; · servicing availability; Additional Information the applicant has submitted a tree nmnagement report which illustrates the applicant's proposed tree preservation\removals strategy (Sec Attachment the applicant has submitted a traffic assessment report which examines the impact that the proposal will have on existing traffic; the applicant has submitted a storm water management report in support of the application; the complete reports are available for viex~ing at the Plmming & Development Department and are currently under review. PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public h~tbrmation Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department tbr a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law tbr this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 18 Information Report No. 14-01 ATTACHMENT ~ "~- TO REPORT ~ PD ~,~ Page 3 6.0 6.1 6.2 OTHER INFORMATION ~dix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing the report; the contact for Central Versa Development Corporation is Mr. Dan Kaiuk, Director of Development (Ontario). 4F, yler pl~mn~r 1 JTB/jf Copy: Director, Planning & Development Depamnent Lynda D. 'l<aylor / Manager, Current Operations Division A'FrACHMENT ~'__ ,.~L.____TO REPORT# PD ~ ~-i- ~ i APPENDIX NO. I TO INFORSIATION REPORT NO. 14-01 COMMENTING RESIDENTS AND I~ANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) Plmming and Development Department 20 ATTACHMENT ~_ L~ TO REPORT ~' PD '~H -C;t Excerpts of Statutory Public Information Meeting Minutes of Thursday, May 17, 2001 HCKERING STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, May 17, 2001 at 7:00 p.m. in the Council Chambers. The Manager, Policy Division, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration thereat. (I) ZONING BY-LAW AMENDMENT APPLICATION A 05/01 CENTRAL VERSA DEVELOPMENT CORPORATION PART OF LOT 21, RANGE 3, B.F.C. (WEST SIDE OF SANDY BEACH ROAD, SOUTH OF BAYLY STREET) o Tyler Barnett, Planner I, provided an explanation of the application, as outlined in Information Report #14-01. Lindsay Dale-Hams, Consultant for the applicant, introduced representatives of this development who provided information concerning this proposal. Dan Kaiuk, representing the Central Versa Development Corp., advised that this is a 124 bed Long Term Care Facility located on Sandy Beach Road. The residents coming into this facility will be approximately 85 years of age and live at this residence for about 2 Va years. This building will have a residential appearance with gardens placed on numerous locations on the property. Brian Brownley, Architect for the applicant, advised that he has been working on the project for approximately 4 - 5 months. This development will have a Stoma Water Management System which wilt have xvater running north to south. The parking lot will be located closest to the City owned vacant land. A circular dri.veway is in place which will provide access for emergency vehicles. All residential units will the street and not the surrounding properties. Lindsay Dale-Hams, advised that this facility will be a maximum' of 10 metres in height, 2 storeys. A traffic study was undertaken and the busiest time would be in the mornings around 7:00 a.m. and again at approximately 3:30 p.m. There is ample parking for staff and visitors with most visitation taking place in the evening. Two handicap parking spaces and 48 regular spots are provided. The deciduous trees along Sandy Beach Road will stay and 20 additional coniferous trees and 20 deciduous trees will be planted on site. The storm water pond is designed to collect water right after a storm and to empty out immediately. Michael McFarland, 882 Reytan Blvd., advised that his home is facing the proposed parking lot. His concerns include flooding and increased traffic. ATTACHMENT REPORT/~ PD~ TO 21. William Simmons, 856 Rcvtan Bh'd., stated his concern with parking and questioned if there is any intention of putting access from this facility onto Reytan Blvd. He also questioned if thc independent generator will create a lot of noise to the area residents, what the age of the trees are that will be planted and will a hedge or fence be installed around the property. Gord Hamilton, 1481 Drava St.. questioned il' land elevation will be raised on the northern portion of the property, will there be a fence buih around the parameter of the property and is there a proposal to widen Sandy Beach Road. He advised that most homes on Drava St. are bungalows and this facility will be two storeys which is not compatible with the neighbourhood. Maureen Whiteway, 886 Revtan Blvd.. stated her concerns with rest)ecl to parking, garbage storage, trat'Iic from trucks, decrease in value of surrounding properties, noise, possible entrance onto Revtan Bh'd. and noise from emergency vehicles. 10. Nancy Spielberg, 887 Regan Place, stated her 100% opposition to this proposal and her concern with respect to traffic, decrease in property value and drainage. She fltrther stated that this property vcould bca great pla>.' area lbr neighbourhood kids. 11. 12. 13. 14. 15. 16. Margaret Drake, 899 Revtan Blvd., stated her concern with a possible entrance onto Reytan Bh, d., with drainage and with building placement on the site. She questioned if the central activity room would be rented out [bt public use. Mary-Ellen McFarlane, 882 Re?tan Bh, d., advised of her concern with respect to an entrance onto Reytan Blvd. from this site and questioned if the garbage will be stored in a contained room. Paul White, 507 Cliffview Road, stated thc need lbr a long term care facility in our community for our parents and our grandparents. If this proposal is denied a developer could request a much larger development such as tov,'nhouses. Traffic is a non-issue /Ur nursing homes, deliveries are, done during rush hours, not all day. There's an opportunity for a net gain in this community and for Picketing. Graham Green, 1741 Drava St., advised that the traffic study is incomplete, consideration was not given to ail the sports that take place in the Kinsmen Park at the bottom of Sandy Beach Road and the traffic this creates. He questioned why this property was chosen and not five miles north. Donald Ball, 892 Reytan Blvd., advised that he is not in opposition to a nursing home in the area but is concerned with depreciation in property values and questioned if this will bring the properly taxes dox~n. He further stated his concerns with respect to parking, access onto Reytan Blvd., appearance of the proposed fence and ground water drainage. Lindsay Dale-Hams, advised that drainage will be onto Sand,,, Beach Road and she will speak to the Storm Water Engineer to ensure improvement. There is absolutely no intention of putting an access, vehicular or pedestrian, through to Reytan Blvd. A two-storey facility is very acceptable in the area and no windows will be placed facing backyards. Park area will not bc diminished for kids, no outside storage of garbage, all will be interior and refrigerated. Laundry is done on site and the only trucks anticipated will be delivering food which will take place early in the morning. Everything will be done to screen in parking area. She advised that sta£fing includes 120 part-time, fitll-time, shift workers. Sirens will not be used to transfer residents to hospitals or bring residents back. The Regional Munlcll~llt~ o~ Durham Planning Department · Box 623 16'15 Dundas St. E. 4~h Floor Lang Tower West Building Whilby, Ontario. Canada L1N 6A3 Tel: (905) 728-7731 Fax: (905) 43~6812 A. L Georgle~f, Commissioner of Planning 22 June 12, 2001 ATTACHMENT t ' TO Tyler Barnett, Planner Planning Department Pickering CiVic Complex One The Esplanade Pickering, Ontario L1V 6K7 Dear Mr. Barnett: Re: Zoning Amendment Application A 05/01 Applicant: Central Versa Development Corp. Location: Part of Lot 21, Broken Front Concession, Range 3 (900 Sandy Beach Road) Municipality: City of Pickering We have reviewed this application and the following comments are offered with respect to compliance with the Durham Regional Official Plan, the proposed method of servicing and delegated provincial plan review responsibilities. The purpose of the application is to permit the construction of a long-term care facility for seniors, The subject property is designated "LMng Area" in the Durham Regional Official Plan. Lands within this designation are to be used predominantly for housing purposes, and shall be developed to incorporate the widest possible variety of housing types, sizes and tenure. The proposed amendment is in conformity with the Durham Regional Official Plan. .. The Regional Works Department. has advised that mu'nicipal water and sanitary sewer service is available to the subject site. Detailed' comments will be provided at the site plan stageJ This application has been screened in accordance with the terms 01 the provincial Plan review responsibilities and no provincial interests wouJd appear to be affected, If you have any questions or require additional information, please call me. Yours truly, .C u rre~t TO;rer~rr~tiPol~; B ;an ch CC. Region of Durham Works Department, Attn. G. Gummer N :\pb'n\c f~_onlng~Y'a05.01 .doc PRGE.O2 ~ RECEIVED- JUN 1 2 2001 CITy OF PICKERING PLANNING DEVELOP~MENT DEPARTMENT ATTACHMENT f~ TO REPORT # PD ,.~ ~ I 23 Nancy Spilberg 887 Regan Place Pickermg, Ontario L1W 1J8 (905) 420-7347 2001-05-23 Planning Department: Tyler Barnett On February 19, 19991 came to Pickering because of a job offer_ ! really did not know what to expect. I rented a room out of this person's house where i still reside today. Fortunate enough I fell in love with my landlord, and have been together for the past two and half years. When I first moved m I pleated with Ken to purchase a dog. Two months later we got Lacey from the Oshawa Humane Society. Still not knowing any one m the neighbourhood, that situation quickly changed. All the children on Reytan B]vd, and the surrounding streets would come to my house to play with Lacey. Just last summer I was unemployed, on nice days I would put out the dog's swimming pool for the kids to play m Believe you me, when I say the parents knew exactly where to fred their kids. The children would mark up my driveway with street chalk and I would even serve them snacks. I would have to say that I gave these children a safe place to play as I still do today. Today Lacey weighs 115 pounds and the children in the neighhourhood don't really play much with Lacey. But they continuously ring my doorbell and ask for either Ken or myself to come out to play with them. This is not a bother at all. I feel that m the society m which we live in today there are not too many people that you can trust with other people's children, and if I can give these children a safe haven to play so be it. Just to get offtopic for a moment. Many years ago when i was a kid growing up in Montreal, my brother who was no more than 4 years of age would go to one particular ne/ghbour's house at around 6:45 a.m. to ask for ice- cream and to play with their dog Muffin. I would ask my mom where Willie was and she stated that he is over at Muff'm's house. My mom knew that my brother was safe. The neighboms did not even mind that he would go there. RECEIVED WAY 2 3 200] CITY OF PICKERING PLANNI&~G AND DEVEL©PME~,~T DEPARTMENT 24 ATTACHMENT ~_~ TO REPORT~ PD ~--~- C,! I am a tree believer do unto others as though you want done to you. I hope that one day when I have children my neighbours will be there for them as I am there for their children. This is the kind of place where I want to live, where neighbors can count on one another. Today, it is extremely hard to know where your children are doing or where they are 24/7 and ffyou have a neighbour that takes an interest doesn't that make a difference in the community? I see the children riding their bikes without their helmets and yes I tell them to go and get them and put them on. Or when they are on the streets with no shoes? I am not saying that these children's parents .are had parents but it is extremely difficult to know what your child is doing at all times. And if one person takes an interest and cares about the children in the neighbourhood does that not make the world a better place to live in? We must give these children a safe place to play. These children are my future in one or more ways. These kids will be taking care of my Children and when my boyfriend and I get old they too will be taking care of us. But how will they do this if one, slay god forbid they are playing on the streets and they all get hit by cars. We must get them off the streets NOW! I see them crossing the street on Reytan to play in the empty field that is situated in my backyard. They have the oppommity to run, play soccer, play with their kites, and any other toy they enjoy playing with. You can even state to me that they have Kinsman Pare Kinsman park is a nice facility however, would you allow your son, daughter, grandson or granddaughter to walk on Sandy Beach to go to the park where there are no sidewalks to walk on I think not. Parents should have the oppommity to see from their windows that their children are all right by playing in a park that is just meters away. (I am not quite sure if you know this but on weekends and holidays when teenagers are out of school they use Sandy Beach as a drag racing road). My reason for writing this letter is to ask that you do not let Versa Care build their two story 124 bed facility, As a resident of Picketing I would like to see that the property where th ~ house and barn and the surrounding land facing North to be exactly what it looks like today. (Let's preserve it). From the grass in front of the house and the land facing South I would like to see something that all the residents of Picketing can enjoy for the young and old alike, (Some suggestions: an arboretum with some benches and gazebos. Or RECEIVED MAY 2 3 2001 CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT ATTACHMENT ~_ .~TO REPORT ~' PD~~ some asphalt where the kids can get off the roads to play on their bicycles, scooters and roller blades, 25 There are other reasons why I do not want this facility on Sandy Beach and they are as follows: -Just recently we have had many realtors come to my house to evaluate the property to state what our home is worth_ Many have stated that if this building goes up you can rest to sure it would bring my property value down at least $10.000. -I feel that we akeady have enough traffic as is and this would create more traffic. As a pedestrian it is already hard enough to cross against Sandy Beach. -The destruction of all the trees situated in back of the house. It takes a long time for trees to grow and mature and to just cut them down would be a shame and a disgrace. -The height of the building, Versa Care has stipulated to us that this building would be two stories. I feel that I would be losing, privacy from my back yard because these residents would be able to over look any activity that I would be doing. -Not too far from my bedroom window they wish to have their parking lot there. As a hght sleeper, the slamming of car doors and the traffic coming and going would greatly disrupt me from having a good night's sleep. -The lighting in and around the parking light would shine in through my blinds. The big hght that is already on the properly shines just through my bathroom window, which is ok because it does not, disturbs us. In conclusion these and so many other reasons is why I do not wish for this development to go through. I am asking that you consider all these factors when you are making your decision whether to amend the zomg. Sincerely yours; Nancy Spilberg 26 ATTACHMENT #_.~ REPORT# PD ~-~1 .TO Page 1 Barnett, Tyler From: Don & Sandi Ball [sdb@idirect. com] Sent: Thursday, May 24, 2001 7:54 AM To: tbarnett@city.pickering.on.ca Cc: don ball Subject: re central versa development long term care rezone My concerns as a resident in this area are as follows. Will this type of building lower the wdue of my property. Tile application lbr ten high buildings is unacceptable for it to blend in to our neighbourhood offmostly 4meter high homes. The fence on Reytan must never be removed so that access can be made available. The dry pond that they propose to put in is in my mind a cheap way to fix abad drainage problem and 1 think is unacceptable .Could you or someone I~rom your office please answer my Questions and concerns wilh a letter or a to me Thank You Don Ball 5/24/01 ATTACHMENT ,~_ ¢ .TO REPORT ¢' 27 May 23,2001 To: Mark Holland, Regional Councillor Copy to: Bill McLean, Local Councillor & Tyler Barnett, Planning Dept. Re: Rezoning of property on Sandy Beach Rd. to accommodate a nursing home. Dear Mr. Holland, I live at 886 Reytan Blvd., directly across the street from the back of the proposed structure and parking lot. My view will be the parking lot, staff entrance, service entrance & garbage area. This disturbs me very ranch, as I am sure the situation will create a lot of noise, pollution & loss of privacy. Also, since my bedroom is also at the front of my house (sidesplit) and I do not have air comtioning, I feel that the noise, lighting, etc. will disturb my sleep and peace. 1 am also very deeply concerned that my property value will decrease by at least 5%. I have been advised of this by a Real Estate Agent and this amount of decrease represents a lot of money for me. Therefore, for these and the following concerns I do not agree with the rez°ning of this property. I am sure there are many locations in the Pickering area that can accommodate this structure without causing so many problems for so many residents. I do hope that you and the other councillors can help in this matter. Thanking you for your assistance in this matter. Sincerely, Maureen Whiteway 886 Reytan Blvd. Picketing, Ont. 905 4204318 ATTACHMENT #_. ~ TO REPORT # PD ,'h~_ ~"i' [ CONCERNS AGAINST REZONING AT SANDY BEACH RD. Loss of equity to home Loss of privacy Extra traffic congestion (service trucks, employee shifts, etc.) Positioning of parking lot and it"s environment and personal hazards No guarantee that there will be NO access to Reytan Blvd. At any future date Noises (fire dept., ambulances, mechanical, traffic, etc.) Lighting on property & parking lot Lack of open space Aesthetics of community Construction noise Loss of enjoyment of property High density occupancy (commercial zoning) Cutting down of mature trees Demolition of a proposed landmark house Only one dry pond for drainage. Cheap and possibly ineffective Building only 20 ft. from property line in some places Other property locations which would not cause an equity loss to Picketing residents Two story complex - reduce to one story RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 34/00, submitted by Petro-Canadm on lands being Part of Lot 19. Range 3 B.F.C., City of Picketing, to amend the existing zoning to add a convenience retail use as accessory' to a gas station facility and technical amendments to establish performance standards more in keeping with newer gas station facilities, be APPROVED, subject to the conditions included in Appendix I attached to Report No. 23-01: and That the amending zoning bv-laxv to implement Zoning By-law Amendment Application A 34/00. as set out in Appendix II to Report Number PD 23-01, be forwarded to City Council tbr enactment. 3O PICKERING REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: June 11, 2001 REPORT NUMBER: PD 23-01 SUBJECT: Zoning By-Law Amendment Application A 34/00 Petro-Canada Part of Lot 19, Range 3 B.F.C. (Southwest comer of Bayly Street and Brock Road) City of Pickering RECOMMENDATION: That Zoning By-law Amendment Application A 34/00, submitted by Petro-Canada, on lands being Part of Lot 19, Range 3 B.F.C., City of Pickering, to amend the existing zoning to add a convenience retail use as accessory to a gas station facility and technical amendments to establish performance standards more in keeping with newer gas station facilities, be APPROVED, subject to the conditions included in Appendix I attached to Report No. 23-01 and; That the amending zoning by-law to implement Zoning By-Law Amendment Application A 34/00, as set out in Appendix II to Report Number PD 23-01, be forwarded to City Council for enactment. ORIGIN: Zoning By-Law Amendment Application A 34/00 submitted to the City of Pickering. AUTHORITY: The Planning~tct, R.S.O. 1990, chapter P.13. FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. EXECUTIVE SUMMARY: The subject property currently supports an existing gas station and associated mechanical and manual car wash facilities. The applicant proposes to redevelop the site by removing the existing gas station kiosk, office, canopy and gas bar facility. The redeveloped site would incorporate a new gas bar with canopy, upgrades to the existing mechanical and manual car wash facilities and a new kiosk with an accessory convenience retail component of approximately 102 square metres. An amendment to the zoning by-law is required to allow for the accessory retail use and technical amendments such as, but not limited to, setbacks and parking standards to facilitate the redevelopment of the site. A location map and the applicant's preliminary site plan are included Report to Council PD 23-01 Zoning By-law Amendment Application A 34..00 Date: June 15, 2001 Page 2 31 as Attachments #1 and #2 to this Report. The preliminau' site plan has been reviewed and the site appears to function appropriately. The proposed additional retail use and technical changes will upgrade the existing site and serve tine surrounding area while adhering to Official Plan policies. It is recommended that the proposal to add an accessory convenience retail use and required technical amendments to facilitate the redevelopment of tile site be approved, subject to the conditions outlined in Appendix I to this Report. Thc draft implementing by-law has also been prepared and forwarded with this Report. BACKGROUND: 1.0 Information Meeting 2.0 3.0 3.1 A Public Information Meetin,~ xxas held oil March 22, 2t)01, to discuss the applicant's proposal. Information Report NO. I17-01, which summarizes tiao applicant's proposal and outlines the issues identified tlnrough circulation of tine application, was prepared for the meeting. The text of thc Inlbrmation Report is provided for reference (see Attachment #3). At the Public Information Meeting, Planning staff gave an explanation of the application. The applicant, Mr. Gordon Dccgan o1' Porto-Canada was present to answer any questions regarding the application. No members of the public xx crc in attendance at the meeting. Minutes of the meeting are included as Attachment =4. Additional Information Since the preparation of Infomnation Report No. t)7.-01, the tbllowing agency comments have been received: The City's Supervisor, Development Control and Division Head, Municipal Property & Engineering have advised that they have no objections to the application. The Region of Durham Planning Department - Advised that the proposed amendment to the zoning by-law conforms to the Regional Official Plan, however further comments regarding access and servicing may be required at the site plan stage (see Attachment #5). Veridian Connections - No objections or concerns to the rezoning, however, additional comments were included with respect to the general development of the site, which will be addressed through the site plan approval process. Discussion Accesso~ Convenience Retail Use The characteristics of gas stations have diversified permitting fuel and retail sale without a service component, sales office, enclosed service bays or a hydraulic hoist, as has been typical of the more recently developed automobile sen'ice stations in Picketing. Recent rezoning applications within the City recognize a trend, which finds gas station facilities shifting their range of services to include the sale of convenience retail items in assoc ation with the sale of petroleum and fuel products. 32 Report to Council PD 23-01 Zoning By-law Amendment Application A 34/00 Date: June 15, 2001 Page 3 3.2 3.3 3.4 4.0 A revised up-to-date definition is required to accommodate the accessory retail use. The Pickering Official Plan designates the subject property as being within an "Employment - -Mixed Employment Area". This designation permits, among other uses, automotive and vehicle sales and repair, and the limited retailing of goods and services serving the area. Site Design and Functioning A general review of the preliminary site plan submitted with this application has been conducted and indicates that the site should function appropriately. A formal Site Plan Application (S 17/00) to redevelop the site has also been submitted in support of this application and will be evaluated in greater detail through the site plan approval process. This review will address matters such as site design and site functioning, which will include vehicular traffic, lighting and landscaping. Attention to landscaping details in the site plan approval process is required to improve the appearance of the site at this heavily traveled intersection. Official Plan Policies 3.3.1 Special Policies Respecting Retail Gasoline Outlets Section 15.38 of the Pickering Official Plan identifies retail gasoline outlets as land uses requiring special policies. Such special policies include, but are not limited to, that retail gasoline outlets are not located adjacent or opposite a school or that the retail gasoline outlet will not adversely affect the safe and convenient movement of pedestrian and vehicular traffic. The subject site meets the intent of the applicable policies set out in this section. 3.3.2 Detailed Review Areas Section 11.2 of the Pickering Official Plan identifies the subject site as being located within a detailed review area. Council may adopt development guidelines should they consider an application to be major development for any detailed review area, or part of an area. The proposed changes are to an already developed service station site and are considered minor redevelopment, not warranting a detailed review. Recommended Provisions and Restrictions Technical amendments to the existing zoning are required to facilitate redevelopment of this site. Staff have determined that floor space limitations on the gas station / kiosk and car wash facilities (110 square metres and 270 square metres respectively) are necessary to limit the potential expansion of the development and to ensure that traffic and on-site parking are not negatively impacted. In addition, the implementing by-law will provide up-to-date definitions and performance standards that are in keeping with current gas station facilities. Applicant's Comments The applicant concurs with the recommendations outlined in this Report. Report to Council PD 23-01 Zoning By-law Amendment Application A 34 00 Date: June 15,2001 Page 4 33 ,ATTACHMENTS: 2. 3. 4. 5. Location Map Applicant's Preliminary Site Plan Information Report Minutes of the Public Information Meeting Region of Durham Planning Department Prepared By: J O Planning Technician Approved Endorsed By: NeiI Ca~o'I~MCIP, RPP Dire~~ _'~ Development Lynda Taylor, MCIP, RPP Manager, Current Operations JXA/jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Picketing City Council APPENDIX I TO REPORT NUMBER PD 23-01 1.0 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 34/00 That the implementing by-law shall include, but not necessarily limited to the following: (a) By-Law provisions and definitions which reflect current standards for newer gas station facilities; (b) That the gross leasable floor area for the gas station kiosk and accessory retail use not exceed 110 square metres; That the total gross leasable floor area for any car wash facilities not exceed 270 square metres; (d) The establishment of appropriate parking standards. APPENDIX II TO REPORT NUMBER PD 23-01 DRAFT BY-LA~V ZONING BY-LAV~' AMENDMENT APPLICATION A 34/00 36 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to amend Restricted Area (Zoning) By-Law 2511, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 19, Range 3 B.F.C., City of Pickering (A 34/00) D AFT WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the establishment of a retail use as accessory to a gas station and car wash facilities on the subject lands, being Part of Lot 19, Range 3 B.F.C., City of Pickering; AND WHEREAS an amendment to By-Law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations declared to be part of this By-law. and references shown thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, Range 3 B.F.C., City of Pickering, designated "CA(F)" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. (2) (3) DEFINITIONS In this By-law. "Automobile Service Station - ~" shall mean an establishment where vehicle fuels, lubricants, and automobile-related accessories are offered for retail sale, and which also may include one mechanical and/or one manual car wash and limited convenience retail sales, but shall not include facilities for the repair and maintenance of vehicles, or facilities for the repairing or painting of vehicle bodies; "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or part thereof as the case may be, other than rooms or space jointly used by tenants of the building, such as garbage storage areas, mechanical and electrical rooms, lobbies, stairwells, elevators and service corridors; (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (4) (s) (6) (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean tile width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Mechanical Car Wash" shall mean an establishment where facilities are provided for the washing and cleaning of vetnicles using production line methods employing mechanical devices wholly enclosed within a building: "Manual Car Wash" shall mean an establishment v,'tnere self service facilities are provided for the washing and cleaning of vetnicles by hand labour methods using sprayers, vacuums and other similar devices. (a) __ "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ~ound except lbr such accessory buildings, structures, or other uses as are specifically permitted thereon: (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot tine of the tot and tine nearest wall of the nearest main building or structure on the lot: (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between ttne front lot line and the nearest wall of the nearest main building or structure on tile lot: (d) "Rear Yard" shall mcan a yard extending across tile full width ora lot between the rear lot line of tile lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest xx all of the nearest main building or structure on the lot: (e) "Rear Yard Depth" shall mcan the stnortest hor/zontal dimension of a rear yard of a lot between the rear lot line of tile lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to thc nearest wall of the nearest main building or structure on fine lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between thc side lot line and tile nearest wall of the nearest main building or structure on tile lot: (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankat~e Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between tile lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on tine lot: and (j) "Interior Side Yard" shall mean a side yard ortner tlnan a flankage side yard. PROVISIONS (1) Uses Permitted ("CA(F)" Zones) (2) No person shall within the lands designated "CA(F)" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) automobile service station- type"F"; D FT Zone Requirements ("CA(F)" Zone) No person shall within the lands designated "CA(F)" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) LOT AREA (minimum): 0.5 hectares (b) LOT FRONTAGE (minimum): 45 metres (c) BUILDING LOCATION AND SETBACKS: A Buildings and structures shall comply with the minimum setbacks illustrated on Schedule I attached hereto; (d) STRUCTURE HEIGHT (maximum): 7 metres (e) BUILDING HEIGHT (maximum): 7 metres (f) PARKING REQUIREMENTS: A There shall be a minimum of 14 parking spaces provided and maintained on the lands zoned "CA(F)" on Schedule I attached to this By-law; B Sections 5.21.2 (a) and 5.21.2 (b) of By-law 2511 as amended shall not apply to the lands designated "CA(F)" on Schedule I attached hereto; and C Despite 5.21.2 (g) and (k) of By-law 2511, as amended, all entrances and exists to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (g) SPECIAL REGULATIONS: A The gross leasable floor area of an automobile service station - type "F" shall not exceed 380 square metres; (i) The aggregate of the gross leasable floor area of the gas station kiosk and accessory retail use shall not exceed 110 square metres; (ii) The aggregate of the gross leasable floor area of all mechanical and/or manual car wash facilities shall not exceed 2'70 square metres. B All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; C Despite subsection 5.(2)(g)(B) of this By-law, a maximum display area of 10 square metres may be used for the limited outdoor -4- storage and display of convenience items accessory to an automobile senqce station type"F"; D Despite subsection 5.19(a)of' By-law 2511, accessory structures may be erected in an.',' yard. BY-LAW 2511 (1) By-law 3935,'71 is hereby repealed: (2) By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to tile provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-taw shall be governed bx relevant provisions of By-law' 2511, as amended. EFFECTIVE DATE This By-law shall take effect from tile day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this ,2001. O£ Fr day of Wayne Arthurs., Mayor DELFT Bruce Taylor. Clerk DRAFT PART 2, a-OR- 1 O527 CA(F) C) C) I-- I BUILDING I ENVELOPE SCHEDULE 1' TO BY-LAW PASSED THIS DAY OF 2001 MAYOR CLERK ATTACHMENT ~/.-.~TO REPOR? ~ PD~ 4] x~Oq SUBJECT~ PROPER~~ City of Pickering o, tl PROPERTY DESOR)PTION PART OF LOT 19, RANGE 3, B.F.C. OWNER PETRO-CANADA APPLICATION No. A 34/00 OUARTZ ST STREET Planmng & Development De DATE FEB 12, 2001 1 DRAWN BY BO SCALE 1:7500 CHECKED BY TB ~artment FOR DEPARTMENT USE ONLY PN-4 PA- ' ATTACI~,~WCr I~ ,2 TO REPORT ~ PD ~',~,:~ - D I INFORMATION COMPILED FROM APPLICANT'S SUBMI'I-i'ED PLAN A 34/OO PETRO-CANADA BAYLY STREET (:REGIONAL ROAD No 22) NEW CANOPY WASH Z rH/~ J4A~0 ~'AS P,~)DUCED ~Y r~c Cl~Y OF PLANNING ~ DE'V~OPtzlENf D£PAR~ETV1; ~8RLIARY 26. ATrACHMENT #--~TO REPORT ~' PD 43 PICKERING INFOI~MATION REPORT NO. 07-01 FOR PUBLIC INFOtLMATION MEETING OF March 22, 2001 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law :Xmendment Application A 34/00 Petro-Canada Part of Lot 19. Range 3. B.F.C. 1695 Bavlv Street (South-xvest comer oi' Bayly Street and Brock Road) City of Picketing 1.0 2.0 3.0 3.1 3.2 PROPERTY LOCATION AND DESCRIPTION - the property is located at the south-xvcst comer of Brock Road and Bayly Street; - the subject property is approximately 0,56 hectares (5,616.0 square metres) in size; - the subject site currently supports ara existing gas station and car wash facility; - thc surrounding land uses include various industrial, commercial and industrial / commercial uses: - a property location map is included as Attachmenl: =1 to this report. APPLICANT'S PROPOSAL the applicant proposes to amend the zoning bv-laxv by adding an accessory retail component to the permitted uses ira order to facilitate the construction of a new kiosk for the retail sale of convenience products: the applicant also proposes technical amendmenls to thc existing by-law in order to establish performance standards more in keeping with newer gas stations and to facilitate the redevelopment of the site: the applicant has also applied for Site Plan Approval, application number S17/00; a reduction of the applicant's proposed development is included as Attachment #2 to this report. OFFICIAL PLAN AND ZONING Durham Regional Official Plan the Durham Regional Official Plan identifies the subject lands as being within an "Employment Area"; this designation permits a wide range of emplo>~ment and emploFqnent-related uses; the applicant's proposal appears to comply with this designation. Picketing. Official Plan "Schedule I - Land Use Structure" to the Picketing Official Plan identifies the subject lands as being located in an "Emplo>rnent - Mixed Employment Area" within the Brock Industrial Neighbourhood: this designation permits, among other uses, automotive and vehicle sales and repair, and the limited retailing of goods and services serving the area: the subject site is located within a "Detailed Review Area": 44 Information Report No. 07-01 REPORT Page 2 3.3 4.0 City Council maX adopt development guidelines should they consider an application to be major development for any "Detailed Review Area", or part of an area, identified on a neighbourhood map; section 15.37 provides criteria for the establishment of retail gasoline outlets; this criteria requires, among other things, that retail gasoline outlets maintain the goals, objectives and policies of this Plan; the number of gasoline outlets is limited to a maximum of two outlets within 100 metres of any intersection; and that retail gasoline outlets will not adversely affect the safe and convenient movement of pedestrian and vehicular traffic; the applicant's proposal appears to conform to the applicable official plan and neighbourhood policies. Zonin~w 2511 - zoning By-Law 2511, as amended by By-Law 3935/71, zones the subject property "M1 S"- Storage and Light Manufacturing Specific; - this zone permits, among other uses, an automobile service station; - an amendment to the zoning by-law would be required to implement the applicant's proposal to add an accessory retail component and technical amendments to facilitate the redevelopment of the existing site. RESULTS OF CIRCULATION 4.1 Resident Comments no resident comments have been received to-date; 4.2 4.3 Agent_ Comments the Durham District School Board has no objections to the proposed Zoning By-Law Amendment (see Attachment #3); Staff Comments in reviewing the application to-date, the following matters have been identified for further review and consideration: · the appropriateness / compatibility of permitting the proposed accessory retail use on the subject property; · the impact that this use / site changes may have on neighbouring properties; · site plan and site functioning concerns as a result of technical amendments to the zoning by-law and redevelopment of the site; · although this application is for an existing facility, the proposal will be reviewed against the criteria in the Pickering Official Plan for gasoline outlets; · determining the significance of the proposal to see whether a "Detailed Review" is required. 5.0 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; 010 Information Report No. 07-01 ATTAOHMENI' #__ ~......_.TO REPORT # PD~ Page 45 6.0 6.1 6.2 if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. if' a person or public body that files ma appeal of' a decision of the Regional Municipality of Durham in respect of the proposed plan of subdivision does not make oral submission at the public meeting, or make written submissions to the Regional Municipality of Durham before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal. OTHER INFORMATION A_.p_pendix No. I - list of neighbourhood residents, connnunity associations, agencies mid City Departments that have commented on the applications at the time of writing report; Information Received - full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Picketing Planning & Development Department; ! o_/t,fi~Andreevski k._PI~ng Technician JXA/jf Copy: Director, Plmming & Development Ls~da 'Taylor / Nlanager - Current Operations 46 Information Report No. 07-01 ATTACHMENT ~, -~ ,TO REPORT # PD ~ ;:~L'/ Page 4 APPENDIX NO. I TO INFORMATION REPORT NO. 07-01 COMMENTING RESIDENTS AND LANDOWNERS (1) None received to-date COMMENTING AGENCIES (1) Durham District School Board COMMENTING CITY DEPARTMENTS (1) None received to-date ATTACHMENT ~, REPORT# PD '"~-~ c"'~'-'~'''' 47 Excerpts of' Statutory Public Information Meeting Minutes of Thursday, March 22, 2001 STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, March 22, 2001 at 7:00 p.m. in the Council Chambers. The Manager, Current Operations Division, provided art overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration thereat. (Iii) ZONING BY-LAW AMENDMENT .~PPLICATION A 34/00 PETRO-CANADA PART OF LOT 19, RANGE 3, B.F.C. 1695 BAYLY STREET (SOUTH-WEST CORNER OF BAYLY STREET AND BROCK ROAD~ John Andreevski, Planning Technician, provided an explanation of application, as outlined in Information Report #0%01. the 2. Gordon Deegan, Applicant, advised of his presence to answer any questions. A'rfAcHMENT ~~TO REPORT# PD ~:~,9- £ I The Regional Municipality of Durham Planning Depanmem 1615 Dundas SI E. 4th Floor Lang Tower Wes1 Building RO. Box 623 Whitby, ON L1N 6A3 905 728-7731 Fax: (905} 436-6612 www. reg~on.du rham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Plannlnc May 11,2001 John Andreevski Current Operations Planning Department Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Dear Mr. Andreevski: Re: Zoning By-law Amendment Application A 34/00 Applicant: Petro-Canada Location: Part Lot 19, Range 3 - BroKen Front Concession 1695 Bayly Street Municipality: City of Pickering We have reviewed this application and t~e following comments are offered with respect to compliance with the Durham Regional Official Plan, the proposed method of servicing and delegated provincial plan review responsibilities. The purpose of the application is to permit the renovation of an existing gas bar and the addition of a new retail kiosk. The subject property is designated "Employment Area" in the Durham Regional Official Plan. Lands within this designation shall be used for manufacturing, assembly and processing of goods, and service industries among other uses. The proposed amendment is in conformity with the Durham Regional Official Plan. The site is on full municipal services, however, further comments regarding access and servicing may be required at the site plan stage. This application has been screened in accordance with the terms of the delegated provincial plan review responsibilities and no provincial interests would appear to be affected. If you have any questions or require additional information, please call me. Yours truly, ~~ CC. -; N \ im\ct~zoning\p~a01 01 doc ,,Se[vi¢~llence : ¢ · . for¢~~ity'' Region of Durham Works Department, Attn. R. Roy 100% Post Consumer 4-3 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Council enact a By-law approving the naming of those lands situated at the southeast comer of Westshore Boulevard and Sunrise Avenue as "Rotary Frenchman's Bay West Park". That Council enact a Bv-laxv approving thc naming of those lands at Park Crescent and Cliffview Drive as "Fairport Conununitv Park". 50 PICKERING REPORT TO COUNCIL FROM: Everett Buntsma Director, Operations & Emergency Services DATE: May 30, 2001 REPORT NUMBER: OES 016-01 SUBJECT: Naming of Park at Westshore Boulevard and Sunrise Avenue and Naming of Park at Park Crescent and Cliffview Drive File: MPE 7000 RECOMMENDATION: That Council enact a By-law approving the naming of those lands situated at the southeast comer of Westshore Boulevard and Sunrise Avenue as "Rotary Frenchman's Bay West Park". That Council enact a By-law approving the naming of those lands at Park Crescent and Cliffview Drive as "Fairport Community Park. ORIGIN: Request of the Pickering Rotary Club and The Toronto and Region Conservation Authority AUTHORITY: S ecti on 2 (1) of the Community Recreation Centres Act FINANCIAL IMPLICATIONS: None EXECUTIVE SUMMARY: Not applicable BACKGROUND: Council is aware the Pickering Rotary Club has pledged a contribution of $100,000 toward the development of the Millennium Project. As the lands at the southeast comer of Westshore Boulevard and Sunrise Avenue form part of the Millennium Project scope of work the Club has requested that these lands be named to recognize their contribution and future stewardship of this public land area. Report to Council OES 016-01 Subject: Naming of Park at Westshore Blvd. & Sunrise Arc and Naming of Park at Park Cres. & Cliff\'iexv Drixc Date: May30,2001 Page 51 Staff have finalized a managcincnt agreement Ibr thc subject lands with The Toronto and Region Conservation Authority who are tile owners of the property. They have expressed their support of naming of this park to recognize the Club as well Thc Toronto and Region Conservation Authoritv's historic reference name for this land area. City stuff recommend that tile park be named Rotary Frcnctaman's Bax West Park in recognition of the Club's involvement and stexvardship comnqitmcnt and thc parks location <m }:rcnchman's Bay and it's historical name as identi Ilcd bx Thc Toronto and Region Conservation Authority. Further, the parties arc aisc) in support of naming tiao Park area at Park Crescent and Clifg'iew Drive "Fai~o~ Community Park" to recognize tiao contrtbution of tho Falcon Conmmnitv Association and the historical reference to this geographical area of Picketing. ATTACHMENTS: Correspondence f'rom Rotary Club o f Pickermg Correspondence fi'om The Toronto and Region Conservation Authority Location Map Prepared By: -;--. .. EVerett Bunts~a Director, Operations & Emergency Scrx-i~s EB:mld Attachments Copy: Chief Administrative Officer Division Head, Municipal Property& Engineering Recommen e or t ~e~on~ City Council 52 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to approve the naming of those lands situated at the southeast comer of Westshore Boulevard and Sunrise Avenue as "Rotary, Frenchman's Bay West Park" and those lands at Park Crescent and Cliffview Drive as "Fairport Community Park". WHEREAS pursuant to Section 2 (1) of the Community Recreation Centres Act the Council of a municipality may by by-law, provide for the establishment, maintenance and operation of one of more community centers. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The lands set out in the Location Map as Part A, attached hereto shall be operated as a public park and shall be named as "Rotary Frenchman's Bay West Park. The lands set out in the Location Map as Pat B, attached hereto shall be operated as a public park and shall be named as "Fairport Community Park". BY-LAW read a first, second and third time and finally passed this 1 lth day of June, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk A'rTACHMENT: _~ ROTARY CLUB of Pickering "Service Above 53 Everett [3untsma Duector, Operations and Emergency Services 'l'hc Town of Pickering {.)ne the Esplanade Pickering, Ontario iLl V 6K7 Dear Everett,' Subject: Rotary Park Name ~ 9000 with [~nvironmcnt As a result ol'our discussion on November :(), - , I haxe met my Committee and together we have agreed to the following name as per your submission to the City Council August 8th, 2000, By-law Number 5623/00: ROTARY FAIRPORT BEACH WATERFRONT PARK Thc City of Pickering will be tile primao: steward of the Park with thc support and assistance of :tl~e Rotaw Club of Picketing. We will seek the assistance ofatl old and new local com~nunity associations. Please put this name tbrward to the City of Picketing Council tbr their approval asI ~soon as possible. tSi ncerely, Mafilvn Cole President Scott Staples Environment Director ;Thc Rotan, Club of Pickering ' Parks and 'Frails · cc ,. CC Waterfront Coordinating Committee, The Town of Pickering l Larry Field, Toronto Region Conservation Aud~oritv Self" ROTARY FOUR.WAY TEST "Of the things we Think, Say or Do 1. Is it the TRUTH? 2. Is it FAIR to all concerned? 3. Will it build GOODWILL and BET'IER FRIENDSHIPS? 4 Will it be BENEFICIAL to all concerned? HBY--:~6-2L~OL 1E~:~:JE1 Tor Res~on Cons~rv gnservatlon ORONTO AND REGION May 30, 2001 Mr. Everett Buntsma Director, Operations and Emergency Services City of Picketing One the Esplanade Picketing, ON L1V6K7 Dear Mr. Buntsma: Naming of Authority Lands West side of Frenchman's Bay This letter is a follow-up to our letter of March 8, 2001 on this matter. In correspondence of November 28, 2000 to the City of Pickering, the Rotary Club of Pickering confirmed its request for approval of the above-noted parklands to be named "Rotary Fairport Beach Waterfront Park". Support for the proposed park name had also been received from the Fairport Community Neighbourhood Association, The lands on the west side of Frenchman's Bay, South of Sunrise and east of Westshore Boulevard have been purchased over the years as part of the Authority's regional waterfront mandate delegated by the Province of Ontario in 1970. The Authority. co-ordinated in the early 1990% a park planning exercise for these lands including significant consultation with the City of Pickering, the community associations, special interest groups, and the general public. This process generated significant community direction for the final "Frenchman's Bay West Park Master Plan" while adding to the natural features and functions of Frenchman's Bay. We are supportive of a name that maintains the historic reference and regional context of these lands adjacent to Frenchman's Bay along the Lake Ontario waterfront. We would propose that the park name include "Frenchman's Bay West" and that Council for the City of Pickering incorporate, appropriately, a reference to the interested service club - The Rotary Club of Pickering. We confirm that these lands will be assumed bythe City of Pickering for management purposes in accordance with the pending management agreement. We would highlight that any park development by the City, TRCA, Rotary or other service clubs and groups will be implemented within the context of a park master plan agreed to by the City of Pickering and TRCA under the terms and conditions of management agreement. ,/2 Healthy Rivers · ~iodiversib/, and Greenspace · [-ducat;on for ~;ustainaJale Living 5 Shoreham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661 6898 ww-w. trca.on.ca / Mr. Everett Buntsma 2 - May30,20Ol In 1993, the Authority cornpleted the purchase ot land and some 1200' of shoreline between Petticoat Creek Conservation Area and Westsnore Boulevard from the Fairport Beach Ratepayers Association. The Association has been supportive in planting activities and proposed some public play equipment for this section of Pickering's waterfront, It would be our suggestion that these lands could be named "Fairport Beach Waterfront Park" to recognize their previous ownership by and direct association with the Fairport Beach community. tf there is any further questions on this matter or the ex'tent of lands owned by the Authority please contact the undersigned at 416-661-6600. extensior 524,3. L~'rry Fie(d, MCIP, RPP Watedront Specialist Watershed Management Division LF:jb Councillor Dave Ryan, City of Pic~(ering Brian Denney, Director - Watershed Management Division, TRCA Mike Fenning, Sr. Property Agent - Property/Asset Management, TRCA TIii~L F'.i-I:i 56 ATTA~NMFNT # IEYBURN CRT, DUNFAIR AVENUE EDGEWOOD MINSTREL WELRUS ST. AVE. [SPRUCE KATE'S LANE SPARTAN SHEPPARD ? SALLANT HAMPTON COURT k...No© SAMFORD 4ANWORTH BREDA A~ SANOK VICKt )NEBRIDGE m~ -I ROAD LANE VISTULA [LYNX A V~.~/ DRIVE TIMMINS GARDE .GREYCOAT MINK STREET SUNRISE AVE I ENGEL Ld BRIAN VICTOR BROADGREEN hi -PETTICOAT LANE © PART B PAR T A OPERATIONS AND EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY AND ENGINEERING DIVISION 1:10 000 JUNE 01/2001 ATTACHMENT FOR OPERATIONS & EMERGENCY SERVICES REPORT LOCATION OF PARKS L:\MP&E~THEMATIC MAPPING\MAPS\$TR£L'~ BASE\OE&$ DIRECTOR~ATTACHMENT FOR R£PORT~ RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That the draft by-law to authorize the execution of rene;val Licence Agreements bet~'een the Cit;. Raymond Ka Keung Tang and Bruce and Heather Rorrison lbr a tw-o ;'ear period, be tbrwarded to Council tbr approval. 58 PICKERI__NG REPORT TO COUNCIL FROM: Richard Holborn Division Head Municipal Property & Engineering DATE: June 6, 2001 REPORT NUMBER: OES-014-01 SUBJECT: Tang/Rorrison - Licence to Occupy a Walkway (Rambleberry Avenue) - Part Lot 27, Plan 1051, Pickering (Part Lot 12, Plan 40R-10323 - File: LA01-01 RECOMMENDATION: A by-taw should be enacted to authorize the execution of renewal Licence Agreements between the City, Raymond Ka Keung Tang and Bruce and Heather Rorrison for a two year period. ORIGIN: Licence Agreements dated June 26, 1999. AUTHORITY: Municipal Act, R.S.O. 1980, chapter 302, section 193. FINANCIAL IMPLICATIONS: None. EXECUTIVE SUMMARY: N/A BACKGROUND: Through the development, by severance, of Part Lot 27, Plan 1051, Pickering, adjacent to Rambleberry Avenue, the City acquired lands for future walkway purposes (Part 12, Plan 40R- 10323). Report to Council DES-014-01 Subject:Tang/Rorrison - Licence to Occupy a XValkwav Date: June 6, 2001 Page 2 53 The construction of that walkway was, and remains, dependent upon the development of the lands to the west. Once that development is underway and the walkway is constructed, the walkway would connect the north end of Rambleberrv to a new street that is being proposed off Appleview Road through a property presently owned by Mr. Grawert. In 1999, the Council granted permission to the adjacent owners of the walkway lands to use the proposed walkway lands as part of their residential lots until such time as the City required it for walkway purposes. That permission was subject to the adjacent Dy, nets entering into satisfactory Licence Agreements with the City Such .Agreements were entered into t'or a period of 2 years: that 2 year term will expire June 2(0, 2001 and renewals are required. It has been determined by the Director, Operations and Emergency Services and Director. Planning and Development, that renewals of the Licence Agreements could be made. but only for the duration of two years. As there have been inquiries made to the Planning and Development Department respecting the development of the Grawert property by plan of subdivision, staff believe that development could occur in the near future It should be also noted that although the Term of the renexval Licence .Agreements w'ould be for a two year term, the Agreements allow for the cancellation by 'Ihe City upon 60 davs written notice and therefore if the adjacent development was to occur more quickl? than anticipated, the City could exercise its option to cancel the Licence Agreements Enactment of the attached by-law will authorize the execution of the renewal Licence Agreements for each adjacent owner in a form satisfactory to the City Solicitor Each Agreement would allow the adjacent owner to occupy that half of the walkxvax closest to him for lawful residential purposes on the condition that he maintain the property to the City's satisfaction and indemnify_ the City for any costs associated with that occupancy ATTACHMENTS: Draft By-law. Location Map. Planning & Development Department Memorandum Prepa, red B.y: B istration Supervisor Municipal Property & Engineering Ric/ard W. H~orn, Division Head ~v~nicipal Property & Engineering Operauons & Emergency Services BDK Attachments Cop3': Chief Administrative Officer Recommended for the consideration of Picketing City Council ~-ho/m~s/J. Quin~5/Chi~/Admini~ 6O ATTACHMEN'Tx I .TOREPORT# 0~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of £icence Agreements permitting the occupancy o.f Part Lot 27, Plan 1051, Picketing (Part 12, Plan 40R-10323) by the adjacent owners for residential purposes (Rorrison Tang). WHEREAS, The Corporation of the City of Pickering is the owner of that part of Lot 27, Plan 1051, Pickering, designated as Part 12, Plan 40R-10323, upon which it intends in the future to construct and maintain a pedestrian walkway but which, in the meantime, pursuant to section 193 of the Municipal Act, R.S.O. 1980, chapter 302, it intends to license to the adjacent owners for residential purposes: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKER1NG HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute renewal Licence Agreements in a form satisfactory to the City Solicitor to permit the owners of those parts of Lot 27, Plan 1051, Picketing, designated as Parts 7 and 8, Plan 40R-10323, to occupy that part of Lot 27, Plan 1051, Pickering, designated as Part 12, Plan 40R-10323, for residential purposes from June 26, 2001 [o June 25, 2003, unless earlier terminated, for the sum of $2.00. BY-LAW read a first, second and third time and finally passed this 25th day of June, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk LA01-01 REPORT 6][ COURT ~m ZN !TA AVENUE ~_mNANNA ROA[ iJ ij ,ORES. CRES. AVENUE L~ EADOW CULROI ROAD MERRi~QN ROAD ',, x,NG City of Pickering Planning & Development Department DATE MAY 30, 2001 PLANNING & DEVELOPMENT DEPARTMENT May 24, 2001 To~ From: Subject: Richard Holborn Division Head, Municipal Property & Engineering CiTY OF r, ;'~LiD~ :3!p,~,,L pP, OPEP,' Neil Carroll Director, Planning & Development Tang / Rorrison Licence Agreement Respecting the Occupancy of City-Owned Land Part of Lot 27, Plan 1051, Picketing Designated at Part 12, Plan 40R-10323 File: LA01-01 We have reviewed the licence agreement respecting the above-noted matter and have no objection to the renewal for another two year term provided that the revocation clause identified in section 6 (2)a remains. This will provide the City with the ability to revoke the licence upon 60 days written notice to the Owner. Due to the progression of development in this area, our department anticipates that the need to construct the walkway on the subject lands may well arise during the two year renewal period. I suggest that both parties to this agreement be made aware of this expectation. NC/kb Attachment Copy: Supervisor, Development Control RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY It is recommended that Report OES 017-01 from the DMsion Head. Municipal Property & Engineering be received: and 1. That Resolution #120/00 be rescinded: and That the City of Pickering enter into a contract xvith Miller Waste Systems for curbside and bulk lift residential waste collection, curbside vard ;vaste and Christmas tree collection and City Facility xvaste and recvclable material collection tbr a term to end March 31, 2009: and 3. That the appropriate officials of the City of Picketing be given authority to give efli~ct thereto. REPORT TO COUNCIL FROM: Richard W. Holborn DATE: June 8, 2001 Division Head, Municipal Property & Engineering REPORT NUMBER: OES 017-01 SUBJECT: Contract for Waste Collection Services Miller Waste Systems RECOMMENDATION: It is recommended that Report OES 017-01 from the Division Head, Municipal Property & Engineering be received and that: 1. Resolution #120/00 be rescinded; and 2. The City of Pickering enter into a contract with Miller Waste Systems for curbside and bulk lift residential waste collection, curbside yard waste and Christmas tree collection and City Facility waste and recyclable material collection for a term to end March 31, 2009; and 3. The appropriate officials of the City of Pickering be given authority to give effect thereto. ORIGIN: Report MPE 21/00 from the Division Head, Municipal Property & Engineering and Addendum memorandum dated August 17, 2000. AUTHORITY: Resolution #120/00 of the Council of the City of Pickering. FINANCIAL IMPLICATIONS: The term of the contract is 102 months for residential collections and 96 months for City Facility collections with an expiry date for both services on March 31, 2009. Funds required will be budgeted annually within current budgets for solid waste and the appropriate City Facilities. The annual cost is approximately $1.4 million. ExECUTWE SUMMARY: N/A Report to Council OES 017-01 Subject: Contract for Waste Collection Services Miller Waste Systems Date: June 8, 2001 Page 2 BACKGROUND: The City's residential solid waste and vard waste collection contracts expired September 30, 2000. In preparation for the expiration of contracts, the City was involved in a joint co-operative tender through the Region of Durham with thc Town of Aj ax and the Town of Whitby. The City was not able to award a contract through this tender as it was the only municipality willing to do SO. A Special Council meeting was held on August 21, 2000 to consider Report MPE 21/00 and an addendum memorandum dated August 17, 2000. At that meeting, Council passed the following Resolution #120/00. That Council acknowledge that Region of Durham Co-operative Tender-T-424-2000 cannot be awarded, as l~'hitby and Ajax have decided not to award a contract at this time attd the Tender Call cannot be contpleted with onl. r one participant. That staff be directed to negotiate with Miller tl'aste ~rstems, the low bidder on the above tender, a contract effective October 1, 2000 based upon the current level of service for the collection of Curbside Solid Waste and Yard Waste on ternts appropriate and beneficial to the City of Pickering for a term not less than 6 months attd not greater that 66 months. (The Town of Ajax ,,ill be able to participate effective April 1, 2000 if they so choose). The Chief Administrative Officer and appropriate staff of the CiO, of Pickering be given the authoriO' to give effect thereto." Negotiations commenced with Miller Waste Systems with an initial meeting on August 29, 2000, based on the terms in the Council Resolution. In September 2000, Miller provided some preliminary prices for discussion. Miller's original pricing was premised on an increased cost (premium) should the Town of Ajax not participate as of April 1, 2001. It was decided that the solicitors for Miller Waste Systems would draft a contract. The City's specifications, and by-law would be included as schedules. As discussions and negotiations advanced, it was feasible, and in the City's best interest financially, to expand the scope of collection to include bulk lift residential waste and City facility collection of waste and recyclable mater/als. Once the contract costs and specifications for se~'ice delivery were generally understood and agreed upon, collections commenced on October 1, 2000 in order to provide uninterrupted service to the residents of Picketing. However, wording for the contract was still in the preliminary stages. Over the next several months, the solicitors for the City and Miller were responsible to prepare and agree on wording. Several drafts and discussions took place, in an effort to reduce and simplify the contract language. In January 2001, the Town of Ajax made it known that they were going to award a contract to J&F Waste Systems for a 60 month term and therefore, would not be contracting Miller Waste Systems. The City of Pickering, in order to mitigate the cost increase (premium), re-opened negotiations with Miller. Miller suggested that if an option for a contract extension beyond 66 months was included, the cost increase due to Ajax not participating could be reduced, but there wou:d still be an increase per tonne collected. Subsequently, after much discussion, Miller was able to offer no increase in cost in return for a longer contract (102 months). This second offer would save the municipality a substantial amount of money in its annual collection costs over the term of the contract. Report to Council OES 017-01 Subject: Contract for Waste Collection Services Miller Waste Systems Date: June 8, 2001 Page 3 Due to the addition of collection services to the contract, the negotiation of prices and contract term, the requirement to revise and add specifications, annual indexing formula discussions, and the involvement of the solicitors, the finalizing of the contract took much longer than anticipated. Staff were not concerned about the ability or willingness of Miller to provide the service in the interim. Documentation such as insurance, WSIB Clearance, and bonding arrangements were provided at the onset. City staff and Miller Waste Systems have negotiated in good faith in order to develop contract terms and language that is mutually agreeable. In accordance with Resolution #120/00, the City staff are of the opinion that the terms are appropriate and beneficial to the City of Pickering. Current levels of service are being maintained. However, in order to get the best deal for the City, the term of the contract will be longer than the 66 months directed by Council. This report is to advise Council that negotiations have been successfully completed, and a contract for 102 months is ready to be signed, should Council agree with the longer term. It is recommended that Council rescind Resolution #120/00 and approve a resolution to enter into a contract with Miller Waste Systems that involves a longer term and additional services. Highlights of the Contract Curbside Collection of Residential Waste · 102 months (October 1, 2000 - March 31, 2009) $49.05 per tonne · weekly collection (Tuesday - Friday) · 4 item limit plus up to 2 bulky items per stop Curbside Collection of Yard Waste · 102 months (October 1, 2000 - March 31, 2009) · $109.10 per tonne ($141.41 per tonne from April 1, 2001) · 25 collections per year (including 2 collections for Christmas trees) · no limits Bulk lift Collection of Residential Waste · 102 months (October 1, 2000 - March 31, 2009) · $10.24 per location per collection stop · biweekly collection (Mondays/Thursdays) City Facility Collection - Waste · 96 months (April 1, 2001 - March 31, 2009) · cost per lift varies by container size · disposal fee $75.00 per tonne City Facility Collection - Recyclables · 96 months (April 1, 2001 - March 31, 2009) · $780 per site per year · includes disposal fee Report to Council OES 017-01 Subject: Contract for Waste Collection Services Miller Waste Systems Date: June 8, 2001 Page 4 General Provisions of the Contract · contractor to provide new equipment for curbside collection oF residential waste · contractor to supply all bulk lift and recycling containers · costs are indexed annually using CPI · fuel surcharge clause included ATTACHMENTS: N/A Prepared By: Richard Holbom Division Head, Municipal Property & Engineering Approved Endorsed By: Eve~.t~-'I3untsma Director, Operations & Emergency Services "- Gillis A. Paterson Director, Corporate Services 8: Treasurer RH:ds Copy: Chief Administrative Officer I:\COUNCIL\OES-017-01.DOC Jun-01 Recommended for the consideration of Pickenng City Council ,rnomas 0. ~ulnn, ~rllei ~cer RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY The Report to Council OES 018-01 regarding Roof Replacement at the Pickering Recreation Complex be received; and That Tender No. T-5/2001 submitted by T. Hamilton & Son Roofing Inc. for Roof Replacement at the Pickering Recreation Complex in the amount of $289,455, including net G.S.T., be approved; and That the total project cost of $352,205 including the tender amount and other associated costs be approved; and 3. That the appropriate officials at the City of Pickering be given authority to give effect thereto. REPORT TO COUNCIL 69 FROM: Stephen Reynolds Division Head, Culture & Recreation DATE: June 18. 2001 REPORT NUMBER: OES-018-01 SUBJECT: Tender for Roof Replacement Pickering Recreation Complex Tender No. T-5/2001 RECOMMENDATION: That Report to Council: OES-018-01 regarding Roof Replacement at the Pickenng Recreation Complex be received and that: Tender No. T-5/2001 submitted by T. Hamihon & Son Roofing Inc. for Roof Replacement at the Picketing Recreation Complex in the amount of $289,455, including net G.S.T., be approved 2. The total project cost of $352.205 including the tender amount and other associated costs be approved 3. The appropriate officials at the Gity of Picketing be given authority to give effect thereto. ORIGIN: Requested by Culture and Recreation Division AUTHORITY: 2001 Capital Budget - Account Number 2731-6181 and 2733-6181 FINANCIAL IMPLICATIONS: Tendered Amount: Construction $ 2 81 G.S.T. (7%) $ 2_~ G.S.T. rebate (4%) ( $ 2_ ! Total ,,M'no unt $2o~ 024 672 241 455 Approved Source of Funds: Capital Budget - Recreation Complex Current Year: Budget 2731-6181 2733-6181 Future Years: Budget Total Ap_proved $150 000 $25o ooo $400,000 7O Report to Council OES-018-01 June 18, 2001 Subject: Tender for Roof Replacement - Picketing Recreation Complex Page 2 FINANCIAL IMPLICATIONS: (continued) Estimated Project Costing Summary: Construction $ 28 l, 024 10 days Remedial Repairs :1_ S, 750 Professional Fees ~_ 8, S 00 Contingency @ 10% 31_, S 27 Sub Total $ 346,80 G.S.T. $ 24,276 G.S.T. rebate ( 11_3,872 ) Total Project Cost $3 57,2 05 [ 4. Project Costs (under) Approved Funds ($42,795) ] The Director of Corporate Services and Treasurer confirms that the expenditures contained in the recommended approvals can be financed from the Capital Works Reserve Fund as per the approved 2001 Capital Budget. EXECUTIVE SUMMARY: The Roof Replacement for Pickering Recreation Complex (Central Core) and Pool area was approved by Council in the 2001 Capital Budget. Tenders have been received and the total project cost for Roof Replacement is estimated to be $357,205. The Division Head, Culture and Recreation and the Director of Operations and Emergency Services recommend proceeding with the low bid submitted by T. Hamilton & Son Roofing Inc. BACKGROUND: Supply & Services undertook the tender process for the Roof Replacement - Picketing Recreation Complex. An advertisement was placed in the Daily Commercial News, News Advertiser Community Page as well as the City's Website. Ten (10) companies were invited to participate of which ten picked up tendering documents for a non-refundable fee of $50.00 per set. A summary of the bids received is included in the attached memorandum from Supply and Services. Tenders were opened on Friday, June 8, 2001. The tender was originally designed by Supply & Services for the completion of Phase II Roofing Recreation Complex Central Core, the supply and installation of new roof replacement for Complex Pool (Phase m) as well as to include unit prices relating to remedial repairs to other areas of the roofs that required immediate attention (Delaney and O'Brien Rinks and Squash Court Area). It is recommended that the bid submitted by T. Hamilton & Son Roofing Inc. be considered and approved for this project. IRC Group have confirmed T. Hamilton & Son, the low bidder have satisfied the tender requirements and is qualified to undertake this project. IRC Group recommend including ten (10) days of remedial repairs at a daily rate of $1575/day for three (3) person maintenance crew complete with equipment and materials to perform miscellaneous repairs per eight (8) hour day. T. Hamilton & Son Roofing Inc. have performed previous work for the City of Picketing to our complete satisfaction. References have been checked and are determined to be satisfactory. Report to Council OES-018-01 June 18, 2001 Subject: Tender for Roof Replacement - Pickering Recreation Complex Page 3 71 The Health and Safety Policy, to be used by this company and the CAD 7 form, issued by Workplace Safety and Insurance Board, have all been reviewed bv the Safety and Training Coordinator and are deemed acceptable. Upon careful examination of all tenders received and relevant documentation, we recommend the low bid submitted by T. Hamilton & Son Roofing Inc. in the amount of $289,455 including net G.S.T. be approved in order to meet the specified completion date of September 17, 2001. ATTACHMENTS: 1. Supply & Services memorandum Dated June 11, 2001 2. Record of Tenders opened and checked 3. Recommendation from IRC Group dated June 13,2001 Prepared~e~dd by: Stephen eP~_uaol/d s Division Head, Culture & Recreation SR:Ih Attach. Approved Endorse~d by: Everett Buntsma- Director' of Operations & Emergency Services COPY: Chief Administrative Officer Director of Corporate Services and Treasurer Manager, Financial Sen'ices Recommended for the consideration of Pickering City Council TlxXhas J. Quinn, Chief Administrative Officer 72 ATTACHMENT #-_/__.TO REPORT #~,5'- CORPORATE SERVICES DEPARTMENT SUPPLY & SERVICES MEMORANDUM June 11,2001 To: From: Subject: Everett Buntsma, Director Operations & Emergency Services Jill Hone, Buyer 11 Supply & Services '1'-5/2001 Tender for RoOf Replacement, Pickering Recreation Complex Tenders have been received for the above project. An estimated 10 companies were invited to participate of which 10 picked up tendering documents for a non-refundable fee of $50.00 per set and attended the mandatory site visit. Two (2) addenda were issued on this project. A copy of the Record of Tenders Opened and Checked used at the tender opening is attached. Purchasing Policies and Procedures item 9.22(h) provides that where there are incorrect extensions or misplaced decimals, the bid may be corrected. Unit prices shall be used to correct extensions. Purchasing Policies and Procedures Item 9.27.(a) permits that all deposits other than the low three bidders shall be returned. Summary (PST included, GST included) Total Tendered After Calculation Company Amount $ Check Comments T. Hamilton & Son Roofing $300,696.00 $300,696.00 Bids Deemed Improper and Rejected: Company Comments Crawford Roofing Corp. Dufferin Roofing Ltd. E-D Roofing Nortex Roofing Ltd. Trio Systems Inc. Viana Roofing & Sheet Metal Surety form - wrong amount and no seal on document No warranty information submitted No acknowledgement of Addendum #2 No warranty information submitted Tender form - no seal on document No acknowledgement of Addendum #2 /2 73 T-5/2001 'Fender for Roof Replacement. P.R.C. Pursuant to Information to Bidders Item 21, the tbllowing req mrements are to be requested of the low bidder by the consultant, IRC Roofing Consultants, for review during thc evaluation stage of this tender call: 1. a copy of the Health and Safety policy to be used on this project: and /' 2. a copy of the current CAD 7 Ibrm ~ssucd by Workplace SaI~tx' & insurance Board. The consultant is to advise if acceptable in writing to you. along with other related comments and recommendations. Should the consultant notice any infractions or m~ssing mtbrmation du~ing the evaluanon, please contact me as soon as possible. Please review original tender and return. This n]emorandum is to be included as background, as well as responses to the fbllowing items in your Report to Council: 1. if items 1. and 2. noted above, are acceptable: 2. any past work experience with 'I'. Hamilton ch Sons Roofing h~c. including work location: 3. without past work experience, if reference intbrmation is acceptable: 4. a work location map; 5. the appropriate account number(s) to winch this work is to bc charged: 6. the budget amount(s) assigned thereto: 7. Treasurer's confirmation of funding: 8. related departmental approvals: 9. any reason(s) xvhy the low bid of T. Hamilton & Sons Roofing Inc. is not acceptable; and 10. related comments specific to the project. Please keep in mind during the evaluation process, tenders shall be irrevocable for 90 days after the official closing date and time (Infornmtion to Bidders Item 4) and the bid bond has a 9() day acceptance clause. Please lbrward an on-line requisition when the Report to Council is being prepared, which xvill remain in abeyance and be ready for processing when Council Approval has been given. If you require further mlbrmation, please feel free to contact me. n 0 /14/01 ~tU 00:47 FAX 9056077288 (IRC) GROUP INC. ~001 ATTACHMENT ~--~, TO REPORT#  IRC Building Sciences Group Inc. Building Engineers & Consultants 2624 Dunwin Drive, Unit 4 ~ Ulsslssauga, Ontario, L5L 3T5 ~ Tel: {905) 607-7244 Foxy7-7288 Prqject: T-5/2001 T01 Company: Cityof Pickering , Atlention: Len Hunter Your lax no.: 1-905-831-4181 Total no. pages (including this page): 3 Date: June 13, 2001 FROM: Zen Szewczyk ~ By Courier r---~ Please Comment Thi,s material is Forwarded: ~ Enclosed/Attached E~] By Mail Fax ThJb forwarded material is: [~For your review I~l Your Action Required REi Recommendations of Roofing Tenders ?5 Transmission f Services ; Engineenng · Building Science · Walls, Windows and Doors . ROOfing ~ · Structural · Fire and Life Safety · Concrete Technology · Building Code Quality Control Proiecl Management Preventative Maintenance ~-1 Picked up by Receiver ,~Urgent Message: Dear Len, Attached is our recommendations regarding the roofing tender bids. I trust they meet with your satisfaction. Yours truly, c ct Btam W~ttenberg j Chris Siddle Ii there are missing pages c~ problems with this transmission, please contact Zen Szewczyk at 905.607.7244 ONce$ in Mis$issauga, Ottawa, London, Calgary and Montreal 0e/t4/01 THU 00:48 FAX 9056077288 (IRC) GROUP INC. ~002 MISSIS~AUGA IRC Buildrng SOe~ces Group ,Group 2624 D~n S~te 4 onl~ LSL 3T5 Tel: 90~07-72~ TAWA 380 Hunt~ Suite 200 ~t~ ~ K1V IC1 Tek 01~731-1175 i~o~b~tense~s.~ ~NDON IRC ~ Buildi~ ~74 ~m Ro~ Sure ~ Lon~ ~ ~t~o I ~L ~ G7 Tel: 51~52-59~ Fax: 519~52-9g~ CALGARY Sa, ence ~ Gro~ 5920 lA{Stol SW '~ Unit 219 AIb~ , T2H ~3 T~: 403~252-06~ F~: 40~250-0~2 A~o~ ~nada For ~r ~i~e~ Yearn T~l!Free: 1-8~407-5245 7G City of Picketing One the Esplanade Pickering, Ontario. LIV 6K7 Attention: Subject: Site: Tender No: Fx: 1-905-683-6582 . Email: lhunter ~city.pickering.on.ca Len Hunter, Supervisor, Facilities Operation Roofing Work Tender Bids Evaluation & Recommendation Picketing Recreation Centre 1867 Valley Farm Road T-5/2001 June 13, 2001-, Dear Mr. Hunter As per your instructions we have reviewed the tender bids and submissions and make the following comments: Seven tender bids were submitted and only one of these was deemed a qualified bid as provided by T. Hamilton & Sons The lowest roofing bid prices was also submitted by T. Hamilton & Sons Roofing. Based on the information provided to our office, T. Hamilton & Sons Roofing provided all the required documentation as set out in the tender document. In addition, T. Hamilton & Sons Roofing have subsequently provided the City of Picketing with their WSIB Cad 7 and Safety Policy as required and set out in the Contract Documents & Specifications, As the total mount is below the available budget we recommend that all the areas noted in the specifications for this years roofing work be awarded to the lowest qualified bid, T. Hamilton & Sons Roofing. A review of the bid prices submitted by T. Hamilton & Sons Roofing is as follows: Roof Area Bid Amount 1.1 B $111,050.00 3.0 $146,260.00 3.1 $ 17,844.00 8.0 $ 5,870.00 Sub-Total $28'1,024.00 GST $ 19,672.00 Total $300,696.00 In addition, there were some unit prices relating to remedial repairs to other areas of the roofs that required immediate attention to provide short term relief until monies can be made available to complete the roof replacement program. We recommend that the contract with T. Hamilton & Sons Roofing include for ten (10) days of remedial repairs at a daily rate of $1575.00/day for three (3) person maintenance crew complete with equipment, and materials to perform miscellaneous repairs per eight (8) hour day. The contract should allow for a ten (10) percent contingency fund for unforeseen conditions during the construction process. WWW.IRC eI~OUR COM Page 1 of 2 06/14/01 TIIU 00:49 FAX 9056077288 (IRC) GROUP INC. ~o03 IRC Group recommends that, should T. Hainilton & Sons Roofing's Tender Bid and submissions be considered valid and without flaws, the roofing project as set out in the specifications be awarded to T. Hamilton & Sons Roofing and based on perfornumce of the work to be completed bv September 17'h 2001 (weather permitting). Upon award of the roofing project IRC Group will request fi'om T. Hamilton & Sons Roofing to supply a current WSiB Clearance Certificate, submission of their materials list, and submission of MSDS sheets for all producLs being used on the site. T. Hamilton & Sons Roofing must submit at the pm-construction site meeting a work schedule to the attention of Mr. Len Hunter, Supervisor, Facilities Operation. Picketing Recreation Centre and a copy to IRC Group Inc. attention Mr. Zen Szewczyk indicating when the work will be scheduled to begin and the anticipated duration of the project based on the requirements of the specification and the specified Completion date of September 17® . 2001. · Submit a Materials List. · Submit the MSDS - Material Safety Data Sheets for ali materials. · Sub-Contractor List Trusting the above and attached meet with your approval, I am, Yours truly, zejl, D~_.~tor df Ma e 'rig & ~ ale~ c.c. Chris Siddle - Picketing Recreation Centre Brain Wittenberg -Pickering Recreation Centre 77 Page 2 of 2 78 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That the draft by-law to authorize the execution of a renewal lease pursuant to which the Clay Pot will be permitted to continue their private operation of instructional pottery programs at the Pickering Recreation Complex for a three year period, be forwarded to Council for approval. P CKERING REPORT TO COUNCIL FROM: Stephen Reynolds Division Head, Culture & Recreation DATE: May 25, 2001 REPORT NUMBER: OES-012-01 SUBJECT: Pickering Recreation Complex Pottery Studio Lease Agreement RECOMMENDATION: A by-law should be enacted to authorize the execution of a renewal lease pursuant to which the Clay' Pot will be permitted to continue their private operation of instructional pottery programs at the Pickering Recreation Complex for a three year period. O~G~: By-Law 5472/99 AUTHORITY: Municipal Act, R.S.O., 1990, Chapter M.45. Sub Section 207(58) FINANCIAL IMPLICATIONS: Revenues: 2001 8 months ~ 5700 S5600 2002 12 months ~ 5700 58400 2003 12 months ~: $700 S8400 2004 4 months ~ $700 $2800 Total $25,200 EXECUTIVE SUMMARY: N/A BACKGROUND: On March 8, 1999, Council enacted By-Law No. 5472 99 to authorize the execution of a lease agreement to allow The Clay Pot to continue the private operation of instructional pottery programs to the public at the Picketing Recreation Complex. The Clay Pot pottery studio enhances the role of the Picketing Recreation Complex by.' providing a creative outlet and environment for a wide-range of citizens young and old, from beginner to expert. Many groups and hundreds of individuals have benefited from participation in a variety Date: May 25, 2001 80 Report to Council OES 012-01 Subject: Picketing Recreation Complex Pottery Studio Lease Agreement Page 2 of affordable courses offered by The Clay Pot. The Clay Pot's hours of operation have provided excellent availability and accessibility to meet the needs of the community. The Department recommends that a renewal Agreement be initiated with Jean Timms and Brian Joseph (The Clay Pot). Enactment of the draft bylaw attached will authorize the execution of a renewal lease for a three year period in the form attached hereto as Schedule "A". ATTACHMENTS: 1. Draft By-Law 2. Schedule "A" Stephen~s Division Head Culture & Recreation Division SR:fh Attachments Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor City Clerk Recommended for the consideration of Picketing City Council /~ ~omas J Q. uinn, Chief Adm~istrative Officer App~~/~y: ExZeretTBuntsma Director, Operations & Emergency Services Department ATTACHMENT# / TO REPORT# ©~5-~./z-~/' THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 81 Being a by-law to authorize the renewal of an Agreement for the lease of space at the Picketing Recreation Complex for a PotteO' Studio. WHEREAS on March 8, 1999. Council enacted Bv-Law #5472/99 authorizing the execution of a Lease Agreement for The Clay Pot to operate the Pottery Studio at the Picketing Recreation Complex. AND WHEREAS, pursuant to that By-Law a Lease Agreement was entered into between The Clay Pot and the City; AND WHEREAS, the Term of that Agreement has now expired and the parties are desirous of renewing the Lease for a three year period: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CiTY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a renewal Lease Agreement, betxveen The Corporation ot' the City of Pickem~g and The Clav Pot for a three year period in the form attached hereto as Schedule A. BY-LAW read a first, second and third time and ffmally passed this 25th day of June, 2001. V',;ayne Arthurs, Mayor Bruce Taylor. Clerk 8 2 ATTAC:HHENT #~ TO REPORT ~.,~ ~'. d' ,,' ?-_5' / THIS LEASE made in duplicate this 1st day of May, 2001. BETWEEN: JEAN TIMMS AND BRIAN JOSEPH, carrying on business as THE CLAY POT (hereinafter referred to as the "Tenant") SCHEDULE "A" OF THE FIRST PART, THE CORPORATION OF THE CITY OF PICKERING (hereinafter referred to as the "Landlord") OF THE SECOND PART. 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 (hereinar'ter referred to as the "Lease") two rooms ("kiln" room; the "glaze" room; "storage" room; and "pottery" classroom) located in the Pickering Recreation Complex, (hereinafter referred to as the "Premises") 1. TERM The Term of this Lease (hereinafter referred to as the "Term") shall be a three (3) year Term and commence on the 1st day of May, 2001 and shall end on the 30th day of April, 2004. 2. BASE RENT 2.1 The Tenant shall pay base rent to the Landlord, in the amount of $25,200 over the Term, ($8,400 per annum), ($700.00 per month) plus G.S.T. in the amount of $588.00 per annum ($49.00 per month), or such other amount of G.S.T. as may be applicable throughout the Term and any renewal period thereafter. 2.2 (a) The Tenant, prior to taking possession of the Premises, shall provide to the Landlord, twelve (12) post-dated cheques, dated on the first day of May, June, July, August, September, October, November, December 2001 and January, February, March, and April 2002 made payable to The Corporation of the City of Pickenng in the amount of $749.00, which amount represents the payment of rent and G.S.T. for the first year of the Term. (b) Further, on May 1, 2002, the Tenant shall provide twelve (12) post-dated cheques dated on the first day of May, June, July, August, September, October, November, and December, 2002 and January, February, March, and April 2003, made payable to The Corporation of the City of Pickering in the amount of $749.00 which represents the payment of rent and G.S.T. for the second year of the Term. (c) Further, on May 1, 2003, the Tenant shall provide twelve (12) post dated cheques dated on the first day of May, June, July, August, September, October, November, and December 2003 and January, February, March, and April 2004, made payable to The Corporation of the City of Pickering in the amount of $749.00 which represents the payment of rent and G.S.T. for the third year of the Term. 2.3 The Tenant, prior to taking possession of the Premises, shall provide a security/damage deposit to the Landlord in an amount equal to one (1) month's rent ($700.00). 2.4 The security/damage deposit shall be held by Landlord as a damage deposit throughout the Term, without interest, and in the event that the said sum of $700.00 is not required 83 o o to be applied toward the cost of repairing any damages to the Premises, then the Landlord shall return said amount to the Tenant at the end of the Term. TAXES 3.1 The Tenant covenants that it shall pay all its business taxes, realty taxes and license fees and all other taxes or grants paid in lieu thereof or m ad&non thereto against or attributable to all leasehold mqprovements, 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 paFTnents called tbr in this paragraph 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 ofth~s Lease. PAYMENT OF RENT The Tenant covenants that at the nines and in the manner provided in this Lease, it will pay in laxvful money of Canada to the Landlord, at the address oi' the Landlord set out herein or at such other place as the Landlord may desigmate 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 a~eed between thc parties are payable as additional rent and recoverable by the Landlord from the Tenant as rent including G.S.T. 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. USE 5.1 The Tenant shall use the Premises onlx Ibr the purpose of a pottery studio, which scope of services will include classes, electives, exhibits and sales. 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 be unreasonably withheld. 5.3 The Tenant covenants that it will provide, at its sole expense, visible Slgmage throughout the Term of this Lease. The s~gmage shall be approved by the Landlord prior to being displayed. SALE OF PRODUCTS 6.1 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. HOURS OF OPERATION 7.1 The Tenant convenants to operate its business only on those days when the Pickenng Recreation Complex is open to the public. -][-he Tenant shall operate within the same operating hours as the Pickering Recreation Complcx's operating schedules, which operating schedules shall be determined solelx by the Landlord from nme to time. 7.2 The Tenant acknowledges that the Landlord reserves the right to alter the operating schedules and further acknowledges that the Landlord '¥ill 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 P~ckcring Recreation Complex closures, for any reason whatsoever. 7.3 In addition to scheduled closings, the P~ckenng Recreation Complex shall be closed on the following holidays: New Year's Eve Easter Sunday Civic Holiday Christmas Eve New Year's I)av Victoria Day Labour Day Christmas Day Good Friday Canada Day Thanksgiving Boxing Day and any other holiday declared by the Landlord. 84 o o 10. 11 UTILITIES/TELEPHONE SERVICE 8.1 The Landlord shall supply heat, hydro, water and air-conditioning to the Premises at its sole expense. 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. LEASEHOLD IMPROVEMENTS 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. ENTRY TO THE PREMISES 10.1 The Landlord shall provide the Tenant with keys to the Premises. The Tenant shall not, without prior ~vritten 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 therefor and to relet the Premises as the agent of the Tenant, and to receive the rent therefor 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. ALTERATIONS 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 o: 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 Lien 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. With,~ut limiting the generality of the foregoing, the contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor and/or supplier under this contract. 85 12. 11.3 The Tenant covenants that it will not suffer or permit an)' 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 therefor shall be filed, the Tenant shall, within twenty (20) days after the Tenant has notice oi' the claim 1'or lien, procure the discharge thereof by payment or by g~vmg security or m such other manner as may be required or permitted by law. 11.4 The Tenant acknowledges that ail renox anons and constructions to the Premises become pan of the Premises and shall be deemed to be the property of the Landlord. Renovations and construcnons are not to be dismantled or destroyed at either the end or termination of the Lease. 11.5 All alterations, renovations and nex~ construcnon 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 lees are at the expense of the Tenant. 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 tenninanon of this Lease as is provided herein), the Premises and all equipment owned bx' tho Civ,' and set out below in a state of good maintenance, cleanliness and repair. The Tenant covenants to permit representatives of the Landlord on s~te at any nme for the purpose of inspection and to determine compliance with this provision. ITEM(S) SERIAL NUMBER 2 Aluminum Decorating \\'heels 0830860 7 Shimpo Potteo' wheels 0830829 1 Triple Beam Scale 0830858 2 Firecraft Kilns 0830962 3 Ware Trucks 0839860 1 20" Slabroiler Dual Roller Dr. 0850622 3 Pottery Grips - Giffen 1 Ware Truck - (8.5 shelves) 1 Glaze Screen (100m) 1 Pottery Ware Rack 1 Bluebird PotteD' Mixer 1 Tibbets lean Air Machine 1 Firecraft Large Kiln 1 Kickwheel Motorized 3 P.S.H. Wheels 3 Shimpo RK10 Wheels 1 Lighted Display Case (;vith glass doors and shelves) 0860136 0870174 0880210 0860139 0870174 0880210 0010895 0040883 N/A N/A N/A N/A 12.2 The Tenant will covenant 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 nme to time. The Tenant shall have no right to claim for any losses or damages to thc 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 and equipment. 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 with five (5) days of such notice by the Landlord, the Landlord may enter the Premises and make such repairs and can2,' 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 nonce in writing from the Landlord of the costs incurred by the Landlord. In the event the Tenant neglects to pa>' such costs as set out in xwiting, such expense may be set off against the security deposit held by the Landlord. 86 13. 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. 14. SIGNS 14.1 The Tenant shall not display any sign, picture, advertisement, notice or lettenng on the inside or outside of the Pickering Recreation Complex facility without the prior written consent of the Landlord, which consent may be unreasonably withheld. 14.2 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. 14.3 The Tenant covenants that any additional advertising within the Pickering 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 a service. 14.4 Provide up to two pages in the Department's seasonal newsletters to promote the Company's pottery programs at the pottery studio. 15. 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 Race Relations Policy and the 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 Piekering 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 Piekering Recreation Complex and common areas when so requested by the Landlord from time to time. 16. INDEMNITY OF TENANT 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. INDEMNITY OF LANDLORD 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. 87 18. 19. 20. INSUR&NCE 18.1 Prior to occupying the Premises. thc Tenant shall, at its ox~qq expense, shall provide: (a) comprehensive general pubhc llabilitv insurance, identi~,ing The Corporation of the Cio' of Picketing as an additional insured, including coverage for personal injury, contractual ]iabiliw. tenant's legal liabihtv, non-oxvned automobile liability, death and property damage, on an occurrence basis with respect to the business carried on at thc Prem;ses and thc 'Ienant's use and occupancy of the Premises. with coverage Ibr any one occurrence or claim of not less than $2,000,000. which insurance shall protect thc Landlord in respect of claims by the Tenant as ii'the Landlord was separately insured: (b) insurance in respect of fire and other perils covering the leasehold improvements, trade fixtures, furniture and equipment in the Premises tbr not less than the full replacement cost thereof: and (c) a certificate of insurance coverage in a t'OrTIn sausfactori' to the Landlord. prior to the Tenant taking possession of the Prcnnses. which insurance coverage shall be kept in lull force and effect throughout the Term of the Lease and an;' renewal(s) thereof'. 18.2 The Tenant covenants with the Landlord that the Tenant. m ~ts use and occupation of the Premises, will not do or om~t or permit to be done or ommed anything which shall cause any insurance premium of thc Landlord to be increased, and if any insurance premium shall be so increased, the Tenant shall pay to the I,andlord forthwith upon demand the amount of such increase, i~' noucc of cancellation or lapse shall be given respecting any insurance policy of the I_andlord 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 tbrthwith remedy or recuI\' such use or occupation upon being requested to do so in x~rmng by the Landlord and tf the Tenant shall fail to do so the Landlord may, at ~ts opuon, terminate this I,case 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/'or xvhich the Tenant ~s 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 anx nme prior to the Landlord's notice of termination. 18.3 If the Premises are at an',' time destroxed 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 cannot bc rebuilt or repaired within sixty (60) days of the damage, the Landlord max'. at ~ts option, terminate this agreement and thereupon the Tenant will pay all applicable rent duc and additional fees owing to the Landlord, which rent and fees will be apportioned and paid to the date of the damage. 18.4 If the Premises are at an~ time destroyed or damaged as a result of fire, the elements, accident or other casualty, not caused by the 'l'cnant. 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 thc Premises existed prior to thc date of this Lease (not including the Tenant's improvements) and only to the extent of the insurance proceeds actually received by the City. DELIVERIES The Landlord has the right to restrict the hours of deliverles to the Tenant at its sole discretion. NOTICE 20.1 The Landlord has thc right, notwithstanding Section ~ herein, to cancel this Lease for any reason by giving the Tenant three (3) months X~Titten notice of its intention to cancel. The Landlord shall not >e liable for costs or damages of an,',' kind caused to the Tenant by such cancellation. 20.2 Wherever notice is permitted or reqmred to be given hereunder bF' either party hereto, it must be given in xwmng and is sufficiently' given if served personally on an officer of the 88 21. 22. 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: Jean Timms or Brian Joseph 17 Hettersley Drive, Aj ax, Ontario LIT 1P3 Attention: Jean Timms Phone: (905) 686-4831 and to the Landlord at: The Corporation of the City of Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Attention: City Clerk Facsimile: (905) 420-0515 or to such other address as either party may designate by notice given from time to time in accordance with this paragraph. 20.3 Any notice given personally shall be conclusively deemed to have been given and received on the date of service. 20.4 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. DEFAULT 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 ten (10) 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. BANKRUPTCY~ ETC. 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 chaaels 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 re-enter and take possession of the Premises as though the Tenant or other occupant or occupants of the Premises was ( r were holding over after the expiration of the Term without any fight whatever. 89 23. 24. 25. 26. 27. 28. 29. 30. DISTRESS 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 tha: notwithstanding any such statute none of the goods and chattels of the Tenant on tke Premises at any time dunng the Term or any renewal thereof shalt be exempt from lew by &stress for rent m arrears. NO V~'AIVER No condoning, excusing or overlooking bx' the Landlord or the Tenant of any default, breach or non-observance by the other at any nme or times in respect of any covenant, proviso or condition herein contained shall operate as a waive 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 bv anything done or omitted by thc Landlord or the Tenant save only express waiver in xwiting. All rights and remedies of thc Landlord and thc Tenant in this Lease contained shall be cumulative and not alternative. COMPLIANCE WITH LAx, VS 25.1 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. 25.2 The Tenant acknowledges that i'c has taken all reasonable steps to satisfy itself that the proposed use of the Premises complies with applicable laxvs and regulations. The Tenant shall not hold the Landlord responsible for any losses or damages incurred by the Tenant should it be determined that thc proposed use is not permitted under the applicable laws and regulations. ASSIGNMENT: ETC. This Lease and possession of the Premises shall no': be assigned, subletted or otherwise n-ansi'erred in whole or in part bx' the Tenant to any other party without first obtaining written consent of the Landlord which consent may be Xvlthheld. GOVERNING LAV~? This Lease shall be governed and construed in accordance with the laws of the Province of Ontario. NO REGISTRATION OF NOTICE The Tenant covenants that it will not register this Lease .or any notice thereof against the title to the Premises. GUARANTEE The parties agree that this Lease agreement shall be conditional upon the Landlord receiving an executed personal guarantee by Jean T~mms. prepared in the form attached hereto as Schedule A and which guarantee shall be provided prior to occupancy of the Premises by the Tenant. ENTIRE AGREEMENT The Parties acknowledge that this Lease sets tbrth the entire agreement between them with respect to the Premises and that there are no promises, representanons or undertakings other than as set out herein. Any Offer to Lease or A~eement to Lease entered into by the Landlord and Tenant prior to the execution o1' this Lease shall be deemed to have been merged and extinguished in this Lease. This Lease shall not be amended or cancelled except by a~eement in wTiting execute, t by all parties hereto. 8 9O 31. INSPECTION 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. 32. SEVERABILITY 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. 33. ENUREMENT This Lease shall enure to the benefit o£ and be binding upon, the parties hereto and their respective representatives, successors or assigns except as herein otherwise expressly provided. IN WITNESS WHEREOF the parties have hereunto affixed their respective Corporate Seals under the hands of their proper officers duly authorized in that behalf. THE CLAY POT Jean Timms Brian Joseph We have the authority to bind the Company. THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor J :/,LEGALSV~LS2001 \CI ayPol~mase2001-2 ¢~4 DOC Bruce Taylor, Clerk 9 SCHEDULE A GUARA. NTEE 91 LANDLORD: TENANT: LEASED PREMISES: LEASE DATED: GUARANTOR: ADDRESS OF GUARANTOR: The Corporation of the Git.',' of Picketing The Clay Pot Picketing Recreation Complex May 1,2001 Jean Timms 17 Hetterslev Dr.. .Ajax. Ontario LIT 1P3 o IN CONSIDERATION of the suni of One Dollar ($1.00) nov,' paid by the Landlord to the Guarantor and other valuable consideration (the receipt of which is hereby acknowledged), the Guarantor covenants with the Landlord that the Tenant shall duly pertbrm and observe each and every covenant, proxiso, condition and agreement in the Lease on the part of the Tenant to be perl"ormcd 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 Guarantor 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 a~eements. The Guarantor covenants with the Landlord that the Guarantor is 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 tine ]Landlord may proceed against the Guarantor as if the Guarantor were named Tenant in the Lease. The Guarantor hereby waives an.,,' right to require the Landlord to proceed against the Tenant or to proceed against or to exhaust any security hcld from the Tenant or to pursue any other remedy whatsoever which ma,,' be available to the Landlord, before proceeding against the Guarantor. None of the following, or any combination thereo£ shall release, discharge or in any way change or reduce the obligations of the Guarantor under this Guarantee: a) neglect or forbearance of the Landlord in cndeavouring to obtain payment of the rent or the amounts required to be paid under '[he 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 bv the Landlord to the Tenant. or any other act or failure to act of or by the Landlord; I0 92 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; g) the disclaimer of the Lease pursuant to the provisions of any Statute. SIGNED, SEALED AND DELIVERED In the Presence of Jean Timms Brian Joseph J LEGALSX;OLS20(31\ClayPoi~-~se20~I-20~34 IX)C 11 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That it is recommended that Report CS 21-0l of the Director, Corporate Services & Treasurer be received for information: and 1. That the 2001 tax rates Ibr the Cit.;' of Pickering be approved as contained in Schedule A to By-law No. 5856'01 attached hereto: and That the attached By-law No. 5856/01. providing tbr the imposition of the tax rates approved trader Recommendation I above, be read three times and approved; and o That the tax levy due dates lbr the Final Billing be September 14, 2001 and October 15, 2001 excluding the industrial, multi-residential and commercial realty tax classes; and That the Director of Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary', including altering due dates, in order to ensure the tax billing process is completed; and 5. That the Director of Corporate Services & Treasurer be authorized to make any changes to the final tax rates to comply with Provincial regulations; and 6. That the appropriate staff of the City of Picketing be given authority to give effect thereto. PICKERING REPORT TO COUNCIL FROM: Gillis A. Paterson Director, Corporate Services & Treasurer DATE: June 19, 2001 REPORT NUMBER: CS 21-01 SUBJECT: 2001 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes RECOMMENDATION: That it is recommended that report CS 21-01 of the Director, Corporate Services & Treasurer be received for information and that: 1. the 2001 tax rates for the City of Pickering be approved as contained in Schedule A to By- law No. 5856/01 attached hereto; 2. the attached By-law No. 5856/01, providing for the imposition of the tax rates approved under Recommendation 1 above, be read three times and approved; 3. the tax levy due dates for the Final Billing be September 14, 2001 and October 15, 2001 excluding the industrial, multi-residential and commercial realty tax classes; the Director of Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; 5. the Director of Corporate Services & Treasurer be authorized to make any changes to the final tax rates to comply with Provincial regulations; and, 6. the appropriate staff of the City of Picketing be given authority to give effect thereto. ORIGIN: Director, Corporate Services & Treasurer AUTHORITY: The Municipal Act, R.S.O. 1990, as amended, and Regulations The Assessment Act, R.S.O. 1990, as amended, and Regulations The Education Act, R.S.O. 1990, as amended, and Regulations FINANCIAL IMPLICATIONS: Not applicable Report to Council CS 21-01 Subject: 2001 Tax Rates for all Classes of Property and Final[ Tax Due Dates for All Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes Date: June19, 2001 Page 2 95 EXECUTIVE SUMMARY: Adoption of the above recommendations and the attached By-lay,' provides tbr thc levying of tax rates required to raise the levy approved in the 2001 CUiTOnt Budget of tho City of Picketing and to levy tax rates for education and lbr thc Region of Durham. BACKGROUND: The 2001 final tax billing process will consis~ of two separate components: 1. residential properties: and. 2. commercial, industrial and multi-residential realty classes. City's Net Tax Lex',,' and Tax Rate Increase On May 22, 2001, Git>' Council approved Repo~-t CS 12-01 off the Director of Corporate Services & Treasurer that provided for a tax levv of 524.02S.816 resulting in a tax increase of 9.8%. This increase is applied to the "City portion'" of thc property tax bill. At the time the budget was passed, Corporate Services staff x~ ere waiting for tile various taxation policy issues to be resolved at the upper tier level and ~hcrelbre. were not in a position to calculate the 2001 tax rates. Hard Cap and its Iml act on Tax Rates On February 5, 2001, tile Director of Corporate Services & Treasurer provided a report that outlined thc significant changes associated with the management of taxation and policy due to the Province passing Bill 140 (Continued Protection for Property Taxpayers Act.) One of the more interesting tortuous twists of this bill was the introduction of thc "Hard Cap." The hard cap concept onl~v applies to the multi-residential, industrial and commercial realty tax classes. The hard cap concept is a taxation rule that detemlines ifa municipal budgetaU' increase can be passed onto a realty tax class. The hard cap tax rule is if' the tax ratio lbr the realty tax class is above the Provincial average (as determined by tile Province) then the municipal budgetary increase can not be flowed to that tax class. Fo]: tile City off Pickering and Durham Region, the industrial realty tax class family {including large industrial)had a tax ratio of 2.98 which ,,','as above the Provincial Average of 2.63. Therclbrc, tile Git``' of Pickering's municipal budgeta0' increase of 9.8% that translated into an increase of S155,000 for the industrial tax class could not be passed to this realty tax class and has to be collected from the other property classes. The residential tax class would absorb approximatel> 70o ~, of the hard cap cost with the balance being absorbed by the other classes, eg. multi-res and commercial. 2001 Tax Rates & Property Taxes The final 2001 tax rates are submitted to Council for approval in tile form of the 2001 Tax Levy By-law (Appendix A). Table one beloxv, provides a comparison of the property taxes to be levied on an residential property assessed at 5200.¢~t)(~ for 2001/ and 5224,040 for 2001. The median increase in residential assessment due to the change in x aluation dates from June 1996 to June 1999 was 12.02%. The arithmetical average increase due to re-assessment was 13.80%. A residential property that has an increase of less than 12.{2°,:, in eVA, will experience a smaller increase than that shown below as a result of the re-assessment. 96 Report to Council CS 21-01 Subject: 2001 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes Date: June 19,2001 Page 3 Table One 2000 & 2001 Residential Property Taxes City Region Total 2O00 $200,000 ASSESSMENT $708.25 1,476.29 828.00 S3,012.54 2001 $224,040 ASSESSMENT $777.09 1,580.15 835.67 $3,192.81 INCR $ $68.74 103.85 7.67 $180.36 INCR. % 9.72 5.99 Overall, the combined 2001 residential taxes for City of Pickering residents will increase by $180.36 or 5.99% for a household assessed at $224,040 that had an increase in their CVA of 12.02%. The 2001 budget tax levy increase ~vas approved by Council at 9.8%. The average increase in residential assessment was 13.8%. Ho~vever, the median (mid point) of the assessment increase where half are higher and half are lower was 12.02%. Staff fee that this is the better number ot use as the "skewing" effects of large increases in vacant land and golf courses are somewhat mitigated. Therefore, using the 12.02% for the residential analysis results in a more representative increase of 9.72%. It is interesting to note, that the education tax rate as established by the Province is not revenue neutral for Pickering residents. When the Province reduced its education tax rate to offset the impact of re-assessment, the reduction was calculated on a Province wide basis to create a revenue neutral position. However, because Pickering's re-assessment was above the Provincial average, the reduction in thc education rate was insufficient to create a revenue neutral position. There has been a decrease in the 2001 tax rates in comparison to 2000 due to re-assessment. The residential tax rates for 2000 and 2001 is outlined below. Table Two 2000 & 2001 Residential Tax Rates 2000 2001 %Chan~e City of Pickering .00354124 .00346855 -2.05 Region of Durham .00738148 .00705298 -4.45 Education* .00414000 .00373000 -9.90 Total .01506272 .01425153 -5.38 * The Province is responsible for setting the education tax rate. The following two diagrams, illustrates the sharing of the property tax bill between the City, Region of Durham and School Boards. Commercial Residential 56.2% 14.4% 26.2% 24.3% 49.5% [~ Citw [] ReRion [] Education ] [ffi, i,v ~ Reaion [] Education ] Report to Council CS 21-01 Subject: 2001 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty Tax Classes Except tbr Commercial, Industrial & Multi-Residential Realty Classes Date: June 19, 2001 Page 4 97 Standardized Tax Bill The Province recently passed regulations mandating certain int'onnation and format requirements for the final 2001 property tax bills. In addition to tile stap~dardixcd tax bill, municipalities arc required to provide ratepayers with a schedule explaining the change in their tax bill. The City of Pickering's standard tax bill meets the mandated inlbrmation as outlined in Ontario Regulation 75/01 and most recently amended by Ontario Regulation 17001 of the Municipal Act. However, the City of Pickering's tax bill has to be changed in order to meet the Provincial requirement of providing an explanation oFtax changes..Attachment 2 contains the Provincial mandated "explanation of changes schedule" Ibr the residential and non residential tax classes. (Tile difference between the two schedules is that non residential schedule contains intbrmation requirements tbr capping.) Tile Province is currently programming their Oniine Propen.x Tax .-Xnalvsis {OPT.A) database to accommodate the non residential inl'onnation requirements. However, these programming changes are not being implemented for the residential tax class and therefore, municipalities will be left on their own to complete tho int'onnation requirements of this schedule. Tax Due Date Installments Recommendation 3 provides tbr tile due dates tbr tiao payment of residential taxes being September 14, 2001 and October 15.2t)(!1. The traditional June installment date is delayed until mid September mainly due to the changes in tiao tax bills mentioned above. Computer programming, printing and information changes haxe to be designed and implemented. City of Picketing has recently received version 5.0 of its tax soI'tv,'are that is required to do the final tax billing. Staff are currently loading thc software into thc tax test enx ironment. If the new version is stable and passes all of the control checks, it will be then loaded into the production environment. The new version of the software will produce an extract file that can be used to produce a tax bill. The City of Pickering currently contracts out the printing of its tax bills to tile Royal Bank. The Royal Bank has scheduled a meeting during tile first week of July with its various municipal tax prinling customers to design a standard bill that will meet the requirements of the Provincial regulations. The Royal Bank has inlbnned stat¥ t}~at they require 60 days to reprogram their computer systems. On June 11, 2001. the Royal Bank received from our software vendor a computer file with the proposed new layout that is to be used by their system to produce the tax bills. In order to meeting the Provincial billing requirements o~' 21 daxs notice, the tax bills have to be in the mail by `August 24th. If the tax bills can be produced earlier, tile duc dates would change to `August 29~' and September 26th in which case an intbnnation report would be brought to Council on `August 7, 2001 informing of the changes in the due dates. 98 Report to Council CS 21-01 Subject: 2001 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes Date: June 19, 2001 Page 5 Other Recommendations 1 and 2 provide for the levying of all tax rates on all classes of property even though the non residential properties ~vill be billed at a later date because the claw back percentages have not yet been determined. (Staff have received advice that the claw back percentages should be included in the billing by-law.) Staff will bring a separate report to Council regarding the tax billing of non residential realty classes. If staff are in a position to print the bills by mid August, then the due dates for the non-residential tax class would be September 14, 2001 and October 15, 2001 the same as residential. Recommendations 4 and 5 will allow the Director of Corporate Services & Treasurer some latitude, limited by Provincial legislation, in effecting whatever may be necessary in order to ensure the taxes are billed properly and in a timely fashion. ATTACHMENTS: 2001 Tax Rate By-Law Provincial (mandated) Explanation of Changes Schedules Prepared By: Approved / Endorsed By: Stan Karwowski, Manager, Financial Services GAP:vw Attachments Gillis A. Paterson, Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City Council Jo ~TTACHMENT ~__,L__ TO REPORT# THE CORPORATION OF THE CITY OF PICKERING 99 BY-LA\V NO. 5850 Being a by-law to adopt thc estimates of all SUlnS required to be raised by taxation f`or the year 2()t)1 and to establish the Tax Rates necessary to raise such sLIII]S. WHEREAS it is necessary fbr the Council o£ The Corporation of tile City of Picketing, pursuant to the Municipal Act. R.S.O. 1991). ch.M.45, as amended, to pass a by-law to levy a separate tax rate on thc assessment in each property class: and. WHEREAS the property classes have been prescribed by tile Nlinister of Finance under the Assessment Act, R.S.O. 199{}, ch.A.31, as amended and its Regulations: and. WHEREAS it is necessary lbr tile Council of The Corporation et'the City of' Picketing. pursuant to the Municipal Act. to levv on tile whole ratable property according to thc last revised assesslnent roll for The Corporation of tho City of Pickering thc sums set forth tbr various purposes m Schedule "A", for tile current year: and. WHEREAS the Regional Municipality of Durham has passed Bx-taw No. 47-2001 to establish tax ratios and By-Law 42-2()()1 to adopt estimates of` ail sums required by The Regional Municipality of Durham f`of tile purposes et' tile Regional Corporation and By- l~aw 45-2001 to set and lex,,, rates of taxation lbr Regional Solid Waste Management anti By-laws No. 44-2001 to set and low rates of taxation tbr Rc<ional ©eneral Purposes and set tax rates on Area Municipalities: and, WHEREAS the Regional Nlunicipality' of Durham has provided the 2001 education tax rates fei' tile various realty classes; and, WHEREAS sub section 392(4) and (5) of the 5, ltmicipal Act. as amended, permits the issuance of separate tax bills tbr separate classes o/' real property for 2001; and, WHEREAS an interim lex'.,,' ,,','as made by thc Council of The Corporation of thc City of Picketing (pursuant to By-law No. 58()2 !)1) belbre the adoption of the estimates tbr the cun'ent year. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERiNG HEREBY ENACTS AS Fei,LO\rS: For thc year 2001, The Corporation of the City o£ Picketing (the "City") shall levy upon the Property Classes set out in Schedule "A". the rates of taxation as set out in Schedule "A". tbr the City of' Picketing. tile Region of Durham and for Education purposes on tile current value assessment as also set out in Schedule The levy provided fbr in Schedule "A" shall be reduced by tile amount of the interim levy for 2001. The Tax Levy due dates for tile Final Billing bc September 14, 2001 and October 15, 2001 for all classes excluding the non residential tax classes. 100 o If any section or portion of this By-law or of Schedule "A" is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law and of Schedules "A" continue in force and effect. This By-laxv comes into force on the date of its final passing. BY-LAW read a first, second and third time and finally passed this day of June, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk 101 2001 CV~A City Tax Rate Total PILS 388.264935 0 00705298 3 303'3:X% 3 C~425! 53 $ 18 064 724 0 01756192 0 30373006 0 02992882 3~2 917 0 0104518 0 020C3928 0 03563~ I' 2 089 296 001(34518 ;¢,~ XX~O'.X~ 001559185 !8241 0 0073~60,53 0~402708 0 0249.4~ 181,3 486 $ 0~73!8~6 3 0!402708 0 02494118 35 079 0 0085~858 3 01633269 O 02904059 887 413 0 00596329 CCl ~43343 0 02032925 568 0 31819364 0 03134807 0 05520550 37 252 0 01133555 C 02173385 0 038G4385 2 75.~ 0 01503359 0 02611257 0 048259,47 80~ 341 0 009772(~43 01697352 0 03138921 14 717 0 00977204 3 91697352 0 03136921 ~29 398 0 02404257 :_ 0417607 0 07717928 254 720 0 01562767 0 32714445 0 05~1¢~53 001045180 002003926 O035631 ! ' 6 297 0 00887093 0 01730720 3 03024237 84 833 0 00176325 0 00093250 3 00356289 32988 0 00176325 0 [k00932532 00358289 1 805 O 00705298 3 3037330'60 01425153 0 90705298 2 30373000 0 01425153 $ 19 426393$ 74 224 083 165374 1 326 918 8 145413 14 483 074 55 333 40878 72 685 13~ 755 243 15' 3459712 6 151 594 2,603 4627 145,232 258232 10,738 19089 2,960,032 5470529 54,028 99850 475,024 877 904 935,062 1 728 117 12803 24548 43~48 172 499 344309 601 642 57 078 35474 135 541 3 254 1 726 6 595 22859721$ 48579602 S 3~3~3299 $ *85802622 403880$ 821 212 $ 4~4 332 S 1 659 373 229 749 467 174 69~ 923 13' 152 28,6 685 397 181 254211 449,052 798444 7 923 16 744 2908~ 53 751 6429 13 588 20017 4593 9 707 168~1 31,162 714 1 510 2623 4,847 26.856 5~760 98589 182,205 1,100 2326 3,426 385,303 814317 1414426 2.614,045 11,513 24 333 42265 78,112 $ 1769095 $ 3632881 $ 40.40141 $ 9442096 24628816 $ 50212463 $ 40,403.,440 $ 115244,719 06/20/2001 Pla n b_bytaw_sched ule ,xls 1 ('t ~ ATrACFIMENT# ~ TO REPORT#__~.~ ,~/-o! O. Reg. 75/01 THE ONTARIO GAZETI'E / LA GAZETTE DE L'ONTARIO Schedule 2 EXPLANATION O~' TAX CHANGES Explanation of Tax Changes YYYY To YYYY Property Class (es) 1.1 Municipality, 1.2 Assessment Roll No. 1.3 1.4 1.5 1.6 Final YYYy Taxes Final YYYY Taxes Total year over Year Change Explanation of Tax Changes Final YYYy Taxes: 3.1 * YYYY Annualized Taxes: 3.2 YYY¥ Local Municipal Levy Change: 3.3 YYYY Upper-Tier Municipal Levy, Change: 3.4 YYYY Provincial Education Levy Change: 3.5 YYYY Tax Change Due to Reassessment: 3.6 **Final Y"YYY Taxes: 3.7 *An annualized tax figure is used in this analysis to compensate for mid-year adjustments in tax treatment or assessment value. Ifa property did not have any mid-year adjustments, the annualized taxes should equal the Final Y'YYY Tax amount listed above. **Final tax amount applies only to the property or portion(s) of property referred to in this notice. O. Reg. 75/01 2'HE ONTARIO GAZETTE / LA GAZETTE DE L'ONTARIO Schedule 3 EXPLANATION OF PROPERTY TAX CA/LCULATIONS 103 Explanation of Tax Calculations YYYY Taxation Year Municipality. Roll blo. 1.3 Total YYYY CVA Taxes Final Taxes Calculation for Final Taxes YYYY CVA Taxes 3.1 *YYYY Annualized Taxes 3.2 YYYY Tax Cap Adjustment 3.3 YYYY Provincial Education Levy Change 3.4 YYYY Municipal Levy Change T 3.5 **Final YYYY Taxes I ~ 3.6 *An annualized tax figure is used in this analysis to compensate for mid-year adjustments m trax treatment or assessment value. Ifa property did not have any mid-year adjustments, the annualized taxes should equal the Final YYYY Tax amount listed above. **Final tax amount applies only to the proper~j or port om, s) or' proper~j referred to in t.h/s no~ice. RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY It is recommended that Report CS 19-01 of the Director, Corporate Services & Treasurer be received by Council; and That the City of Pickering renew its property, liability and other coverages through the Frank Cowan Company at a 2001/02 renewal premium of $259,721 plus applicable taxes for the period July 1, 2001 to July 1, 2002 inclusive; and (In 1999 Council approved a three year program with Cowan with a maximum annual premium) That the Director, Corporate Services & Treasurer, as part of the Risk Managemem Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that the Director be authorized to settle any claims within the total deductible limit where it is in the City's interest to do so; and o That the Director, Corporate Services & Treasurer be authorized to pay the total cost of any insurance claims settled that fall between the previous deductible and the new one, including any adjusting and legal fees, fi.om the Self Insurance Reserve; and That the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to protect the assets of the City and it's elected officials and staff; and 5. That the appropriate officials of the City of Pickering be given authority to give effect thereto. PICKERING REPORT TO COUNCIL FROM: Gillis A. Paterson Director, Corporate Services & Treasurer DATE: June 18, 2001 REPORT NUMBER: CS 19-01 SUBJECT: 2001/2002 Properly and L_iabilitv Insurance RECOMMENDATION: It is recommended that Report CS 1©4)I of the Director, Corporate Services & Treasurer be received by Council and that: tile City of Picketing renew its property, liability and other coverages through the Frank Cowan Compar~y at a 2001 ()2 rcnexva] premium of $25%-21 plus applicable taxes for tile period July 1, 2001 to July 1. £0(~£ inclusix'c. (In 1999 Council approved a three ,.-ear program with Cowan with a maximum annual premium }: the Director, Corporate Services & Treasurer, as part of tiao Risk Management Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that tile Director be authorized to settle any claims within the total deductible limit where it is in tilt: City's interest to do so; tile Director, Corporate Services & Treasurer bc authorized to pay thc total cost of any insurance claims settled that fall betxveen fl~c prcx ions deductible and the new one, including any adjusting and legal fees. from tho Sell' Insurance Rcscrx c: the Director, Corporate Services & Treast~rer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to protect tho assets of the City and it's elected officials and staff; and. 5. the appropriate officials of the City of Picketing be given authority to ~ive effect thereto. ORIGIN: Director, Corporate Services & Treasurer AUTHORITY: The Municipal Act, Sections 251 and 252, R.S.O. 1990 as anaended FINANCIAL IMPLICATIONS: In 1999 a three year guaranteed maxinaunu renexval prcmiuna was negotiated with the Frank Cowan Company. This guarantee has bccn maintained wSttn tile, increase amibutable to two factors: increase in the value of assets such as the ncxv Petticoat Creek Library and Community Centre and the excess liz, bilitv premium coverage increased due to the outside reinsurance market. The tbregoing has resulted in a renexval premium increase of S 13,093. 106 Report to Council CS 19-01 Subject: 2001/2002 Property and Liability Insurance Date: June 18, 2001 Page 2 EXECUTIVE SUMMARY: Not applicable BACKGROUND: Each year on July 1, the City's general liability and property insurance policies come up for renewal. As approved by Council at the time of the 1998 renewal, the Treasurer undertook an extensive review of all aspects of the City's insurance program. The City of Picketing embarked in a Risk Management Program, the initial phase of which involved negotiating renewing premiums with the City's broker. The result of the negotiations was a decrease of approximately $75,000 or 20 percent, in the premiums from that of the prior year. This premium was also approximately $98,000 less than the 1998 budget provision which, after claims under the increased deductible ~vere paid, resulted in a transfer of approximately $50,000 to the Self Insurance Reserve. In 1999, 2000 and 2001 the review of deductibles, coverages, policies, procedures, and adjusting services has continued. In 1999 approximately $92,000 was transferred to the Self Insurance Reserve as a result of the continued savings. In 2001 and 2001, the amount orS100,000 in each year was included as a revenue item in the annual budget. This resulted in the savings being taken into consideration in assisting keeping the tax rate down. As previously mentioned, this year's renewal premium is considerably less than that of the mid 1990s and is close to the 1992 premium as noted below: 1989- $255,512 1994- $257,363 1990- $270,842 1995- $294,166 1991 -$266,341 1996- $356,865 1992- $245,656 1997- $377,586 1993- $238,392 1998- $302,589 1999- $245,485 2000- $246,628 2001 -$259,721 Self Insurance Reserve This years renewal maintains the higher levels of deductible approved by Council in 1998. By putting the savings aside in the Self Insurance Reserve, funds should be available to finance predictable losses resulting from the increase in deductibles. By building up the reserve financial flexibility to assist with future possible options is also made available. The Self Insurance Reserve currently has a balance of $531,129 as at December 31, 2000 up from $467,809 December 31, 1999 and $376,146 as at December 31, 1998 and $250,000 in 1997. In addition, for the 2000 and 2001 budgets, a total of $200,000 that would have gone to the insurance reserve was used to assist in reducing the budgetary levy increase. In the area of Risk Management, reference should be made to the 1998 report to Council No. TR23/98. Conclusion The City's Insurnce and Risk Management Programs appear to be working satisfactory. Premiums continue to not only reflect the three year guarantee but remain at levels comparable to 1992 while at the same time the balance in the Self Insurance Reserve has increased substantially (112 per cent). All this is in spite of recently increasing insurance costs in North America and events that have traditionally increased insurance costs such as the Walkerton Water tragedy. The City's higher deductibles have assisted greatly in keeping the City's premiums constant for the last few years. Therefore renewal through the Frank Cowan Company with our present carriers is recommended. Report to Council CS 19~01 Subject: 2001/2002 Property and Liability Insurance Date: June 18,2001 Page 3 lC 7 ATTACHMENTS: Not applicable GAP:vw Prepared Approved Endorsed By: ©iltis A. Paterson. Director,~ Corporate Se~'ices & Treasurer Recommended tbr the consideration o1' Picketing Git,,, Council ; ~mas J. Uu~n. Lnlei Aam~ms~x e O~lcer RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY It is recommended that Report CS 18-01 of the Director, Corporate Services & Treasurer be received by Council; and That a request for Proposal (RFP) be called for Audit services for the City of Picketing, the Civic Library, and the Transit Authority for the purpose of undertaking the annual audit and other assignments for the fiscal years 2001 to 2005 inclusive; and 2. That the appropriate officials for the City of Pickering be given authority to give effect thereto. PICKERIN REPORT TO COUNCIL in9 FROM' Gillis A. Paterson Director, Corporate Services & Treasurer DATE: June 14, 2001 REPORT NUMBER: CS 18-01 SUBJECT: Audit Sen'ices Request for Proposal RECOMMENDATION: It is recommended that Report CS received by Council and that: 1. 15491 of tile Director. ,Corporate Services & Treasurer be a Request for Proposal (RFP) bc called 1bt Audit services /'or tine City o£ Pickering, the Civic Library, and the Transit Authority for thc purpose of undertaking the annual audit and other assignments for the fiscal years 2()1;1 to 2~)t)5 inclusive: and, 2. the appropriate officials fbr thc Cit.v of Picketing be gixen authority to give effect thereto. ORIGIN' Director, Corporate Services & Treasurer Report No. TR 10/97 AUTHORITY: The Municipal Act, RSO 1991). as amended. Section 80 and any Regulations thereunder FINANCIAL IMPLICATIONS' Not applicable EXECUTIVE SUMMARY: Under the Municipal Act, Council must review the provision of Audit Services at least every five years and appoint an Auditor for a period not to exceed five years. An RFP was called in 1995 and the current Auditor was appointed Ibr a three ','ear tenn. and reappointed in 1997 for a further three year period ending with the 200l) audit. Tile attached correspondence is included for the information of the Committee and Council. BACKGROUND: Section 86( 1 ) states: "The couucil qfeveO' muuicz~)aEO' shcd/ b~' &'-hi~ ~p/~oi~Ltbr ~ term q~/h'e years or less oue or more audizo~T ~v/zo ~zre /iceused under zhe Public .-tCCOlttl[~ltlCV ACt, and evem' person so ~[;pointed shall, in addition to his or her duties in respect of the corporatio~L audi[ []w accouuts ~lnd [r~tuxactiou5 o/' evelq' /eta/ board as dqfiued ,~ thc Municz~}lir.s .-tcz. R.S.O. lg~so, c. 302, s. &5? l;,' 199], Vol. 2, c. ]5, s. 3; /99.-. c. 3], s. ].sJ(];. " 110 Report to Council CS 15-01 Subject: Audit Sc~xices Request for Proposal Date: June 14. 2001 Page 2 The current auditor was appointed in 1995 and has been in place ever since. Much change has taken place since that time, not only in the administration of the Finance Division, but in the City's financial software, Provincial reporting requirements, including the Municipal Performance Measurement Program (MPMP) in which expanded reporting requirements were imposed upon municipalities to provide a basis for performance measurement and comparison year over year and the requirements of the Public Sector Accounting and Auditing Board (PSAAB) in which additional reporting requirements were imposed on public sector bodies, including municipalities. Moreover, the seminars and training sessions held by Ministry staff during 2000/2001 were somewhat less than helpful in regards to the foregoing. All of the foregoing has put heavy demands upon the staff and management of the Finance Division and the Auditor. In addition, many training and explanation seminars and courses are held by the Ministry of Municipal Affairs and Municipal Associations over the course of any given year to explain, answer questions and assist in implementation of provincial initiatives, all of which must be attended by both staff and the auditor to keep current as possible on the ever-changing environment. First and foremost, under the Provincial Legislation it is time to review audit services in the City of Picketing. Secondly, with the aforementioned changing environment for both staff and auditors alike, it is time for both parties to review all aspects of audit services to determine if there are any changes that might come out as a result of such a review. Therefore, it is recommended that an RFP be called for this service It is anticipated that the RFP will take place over the months of August and September and a report will be forthcoming to the Audit Committee in the Call with the appropriate recommendations to Council in time for the interim Audit which usually takes place in November of each year. As the City's Finance Division also provides Payroll and Accounting services, including reporting and auditing for the Library Board and for the new Transit Authority, it is appropriate and necessary that the RFP include all bodies. Should the Council at any time in the future at the City of Pickering add any other Agencies, Boards, or Commissions then they would automatically be included in the annual audit with the appropriate review of services and fees. ATTACHMENTS: 1. Letter dated November 13, 2000 to Hurren, Flett, Sinclair Chartered Accountants Prepared / Approved / Endorsed By: Gillis A. Paterson, Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Thomas J. Quinn, Chief Administrative Officer Linda Linton, Chief Executive Officer, Library Ted Gallanis, General Manager, Transit Authority Kristine Senior, Manager, Accounting Services Recommended for the consideration of Picketing City Council ~nornas J. t2~nn, tm~e~ PICKERING CORPORATE SERVICES DEPARTMENT .......... · ':: .... ~, REPORT Picketing Civic Comple: One The Esplana& t 1 Picketing, Ontario Canad~ L!V 6K7 Direct Access (905) 42~-468: ci~ofpickering, con- Department (905) 420-4634 Facsimile (905) 420-5313 cor?servt~ cky. pickering.on.ca November 13, 2000 Mr. Nell Sinclair Hutton, Flett, Sinclair Chartered Accountants P.O, Box 458 Picketing, Ontario L1V 2R7 Dear iX, h-. Sinclair: Re: Auditor - Term of Em.p_lovment I refer you to the attached copy of' a letter fi.om Inga Ben'5.', temporary, (Acting) Treasurer- Collector, dated June 10, 1997. This letter refers to the Resolution of Council confirming your appointment for a three year period commencing October l, 1997. Upon reading the report to Council and the Council Resolution stemming from adoption oF one oF the Recon'unendations of that report, it appeared to me that some clarification would be beneiciat to both parties. Specifically, the term of appointment could be. in my opinion, read to cover three calendar years or three "audit" years (eg. September ro April) depending on how one interprets it. In any event, I wish to advise, that after consultation with the Chair of the Audit Committee, that the term of your engagement includes the audit For the fiscal year 2000 1bt the CiD' of Pickering. It is anticipated that this matter '*'ill be addressed further in 2001. Yours truly. G.A. Paterson, Director, Corporate Services & Treasurer GAP/vw Attachment Copy: Councillor Maurice Brenner, Chair..Audit Committee Thomas J. Quinn, Chief Adrmnistrative Officer 11_2 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY It is recommended that Report CS 20-01 of the Director, Corporate Services & Treasurer, concerning Bill 46 - The Public Sector Accountability Act, be received by Council for information. PICKERING REPORT TO COUNCIL 1!3 FROM: Gillis A. Paterson Director, Corporate Sen'ices ah Treasurer DATE: June 18. 2001 REPORT NUMBER: CS 20-01 SUBJECT: Bill 46 The Public Sector Accountability Act First Reading May 9. 2001 RECOMMENDATION: It is recommended that Report CS 2()-(t1 of the Director. Corporate Services & Treasurer be received by Council tbr infonnation. ORIGIN: Bill 46, The Public Sector Accountabiiit~ .Act. 2001 AL THORITY: Director, Corporate Services & Treasurer FINANCIAL IMPLICATIONS: There are no direct financial implications identified at this time. should the Bill be passed. However, it will indirectly cost exer¥ Nlunicipality in Ontario in additional resources, and most likely Audit requirements to implement tine conditions of the Bill as stated in the attached copy of the first reading of the Bill. EXECUTIVE SUMMARY: The Honourable James Flahertv. Minister of Finance and Deputy Premier. has introduced Eill 46, The Public Sector Accountability Act in an effort to enhance public, and presumably provincial, understanding of the affairs and finances or' eve~' publicly l'unded or appointed agency in Ontario, including municipalities, v,'hictn are also not only accountable to the public through direct election but are governed by a mwiad of Provincial legislation and Regulation. The apparent duplication could be significant, confusing, and onerous on municipal staff. BACKGROUND: As mentioned above, Bill 46, the Public Sector Accountability Act, has been introduced by the Minister of Finance and received first reading on May % 2c)01. A cop>' of the Bill is attached to this report for your information. Also attached is an In~'om~ation Bulletin From the Municipal Finance Officers Association of Ontario which summarizes, and comments on, all major aspects of' the Bill. While not wishing to repeat inFon'nation contained in tine attachments I ,,','ill attempt to capture some of the highlights. On :\pril 1% 2001 tile Lieutenant Governor read the Speech from tile Throne which outlines 21 steps to the 21st Century. Step 8 dealt with holding the broad public sector accountable to taxpayers. On May 9, 2001 the Province introduced it's budget and provided further information 151.4 Report to Council CS 20-01 Subject: Bill 46 - The Public Sector Accountability Act First Reading May 9, 2001 Date: June 18, 2001 Page 2 with respect to public sector accountability in Budget Paper F which indicated that they would establish an Accountability Office in the Ministry of Finance and would introduce the Public Sector Accountability Act. Interestingly enough, the Bill received first reading on the same day. As stated in Section 1 of the Bill, the following are the purposes of the Act (in summary): 1. To initiate best practices in public sector organizations by measuring their performance 2. To improve progam effectiveness and accountability to the public To improve the delivery of service by requiring that each public sector organization prepare a plan 4. To improve decision making in public sector organization 5. To improve the fiscal responsibility of public sector organizations It appears the Bill is intended to apply to the broad public sector which would include municipalities, colleges, universities and hospitals. It also includes: "Ever3; local board as defined in the Municipal Affairs Act and eveO' authority, board, commission, corporation, office or organization of persons, some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the corporation ora municipali(v in Ontario ". The potential number of organizations this could apply to would be exhausting. It extends even further to include share and non-share corporations where the majority of Directors are appointed by Municipalities and Corporation's with share capital, at least 90 per cent of which are held by the public sector organization described above. Furthermore, every Corporation without shared capital, the majority of those members are appointed or chosen by one or more public sector organization described above and every wholly owned subsidiary of such corporations. This is so broad that it appears to me that it ~vould include the Library, Veridian and all it's subsidiaries, and the new Transit Authority respectively. The Bill requires all such organizations to: - prepare annual business plans - prepare annual reports - consult with the public - measurement performance - report on performance Details on the foregoing can be found in the Bill itself and the MFOA Bulletin. Failure to comply is left to the Minister's opinion and such failure can result in the Minister requiring the organization to review it's financial management and business and operating practices, or the Minister may review the foregoing himself. If an organization refuses to comply the Minister can withhold provincial funds that the organization is otherwise entitled to receive. In the case of municipalities, this would seem to have little or no effect in today's era of downloading and the almost complete withdrawal of provincial funding support for municipalities. One could always take the view that given the foregoing, many Sections of this Act are irrelevant to municipalities, however, if that were the case, why include them in the Bill. Also there are the usual provisions for the Minister of Finance to make Regulations under the Act which, presumably, will go a long way towards explaining some of the salient features of this Bill. Report to Council CS 20-01 Subject: Bill 46 The Public Sector Accountability Act First Reading May 9, 2001 Date: June 18, 2001 Page 3 11 5 Both the .Association of Municipalities of Ontario {AMO)and the _Municipal Finance Officers Association of Ontario (MFOA) haxe expressed concerns that the Municipal sector is different from the balance covered in the Bill in that Nlunicipal Co~mcils are directly elected by ratepayers and there is already a myriad of the legislation ~ox-eming almost all activities of a municipality. To impose, the provisions of this Bill on top of what is already in place for municipalities would be onerous, mainly, it appears, on municipal finance staf1', and duplication in the extreme. Equally confusing, I understand that the Province is once again working toxx ards the release of a draft new Municipal Act which, il' similar to previous drafts, x~as to give municipalities more broad powers, wide levels o1: local discretion, and what is called natural person powers. This Bill would appear to be in direct contradiction to previous dra2 ney, Municipal Acts over the years. As your Treasurer, I will be watching this Bill as it progresses through the Legislature very closely. Also, as Chair of MFOA, I will be working closelx with that Association, AMO and other municipal associations m developing responses to this legislation. I will keep the Members et'Council and senior staff advised accordingly. ATTACHMENTS: 1. Municipal Finance Officer's Association Information Bulletin on Bill 46 The Public Accountability Act 2. Bill 46, The Public Sector Accountability Act. 20111 Prepared Approved / Endorsed By: Gillis A. Paterson. Director. Corporate Services & Treasurer GAP :vw Attachments Cop)': Thomas J. Quinn, Chief Administrative Officer Everett Buntsma, Director, Operations & Emergency Serx ices Nell Carroll, Director, Planning & Dex elopment Linda Lmton, ChiefExecutix e Officer. Library John Wiersma, President & CEO Veridian Corporation Ted Gallanis, General Manager. Transit Authority Kristine Senior, Manager, Accounting Sec'ices Stan Karwowski, Manager, Financial Services Recommended for the consideration of Pickerin< City Council ,'lZt~onaas"~ J. O.,,~in ,n,L"'Chief A-""d'tm.~strative Offf'ce"f'- 86185/81 15:33:43 EST; HOHICIPflL FI~fl?-> 05/06 '01 'rl_~ 16:11 FAX 416 440 0887 116 985 428 5313 G. Paterson, Town pf Page 001 ~FOA/CI~J~S/ONE ~ MFOA M LJ N ! (~IPAL FINANCE o~=z=zc~-~s, ^ssoc~^~ONATTACHHENT #_L__TO R~PORT oF June 4, 2001 Memor'~ndum to: A~[ Momber~ From: Dan Cowin Interim Executive Director Bill 46: Public Sector Accountability Act, 2001 On April 19, 2001, Lieutenant Governor Hiiary Weston read the Speech from the Throne to open the second session of the 37th Parliament. The Speech outlined 21 steps to the 21st Century. Step 8 deals with holding the broad public sector accountable to taxpayers. A news release on Step 8 identifies some of the means that the Province will use to promote accountability. Step 8: Holding the Broad Public Sector Accountable to Taxpayers o Performance and accountability measures of the government, school boards, colleges; universities and hospitals will be gathered and posted on the government web site. School boards will be required to report annually on how they use their funding. The results will be published. · A patients' charter will let patients know what they have a right to expect from their health system. · itemized statements will let patients confirm that services billed to OHIP were actually provided. - The government wil[ publish the results of hospital report cards. Teams of experts from the field and top-performing hospitals will work with the lowest-scoring facilities to help improve efficiency and service. Ultimately, overall funding will then be linked to how well hospitals perform. · The government will create greater accountability and transparency for taxpayers at the municipal level by encouraging local governments to look for new, innovative ways to deliver service. Consistent with the belief that government exists to serve people, and not the other way around, the government will expand iLs use of the Intemet to help bdng citizens closer to their government. The goal is to ensure citizens' access to a wide range of tools and information that will enable them to participate more fully in the democratic process. As the first step toward e-democracy, the government will consult and review opportunities for the use of technology to build accountability and ~ansparency in government. The government will review how its policies and procedures could be changed to save taxpayers' money and improve service, On May 9, 2001, the Province introduced its budget and provided further information about its plans with respect to public sector accountability in Budget Paper F. In Budget Paper F the government indicated that it would es~li~,~./~;)~.~lity Office in the Ministry of Finance 1867 Yonge Street, Suite 80'2., 'foTxmto, £')nnirlo M4~q 'J Y5 Tel: (416) 4'}0-0388 o Fax: (416) 440-0887 isltemct: htr-p://w~xv.rnfcm.on.ca Off/OS/ill 15:~i19 EST; ~IEIPfiL Flflfl?-> 05/06 '01 lit 18:11 FA~ 416 440 0887 905 ~ZO 5313 ~FOA?¢HL~$/0~ G. Paterson, ?o~n p£ Pase 002 11 7 and would also introduce a Public Sector Accountability Act. The role of the Accountability Office is to: evaluate performance throughout a sector, using appropriately designed measures, and report cleady to the public and the relevant minister on findings; champion strongest performers and disseminate best practices: promote the development of common goals and performance measures; promote communica~on within and among sectors; monitor compliance with the proposed Public Seutor Accountability Act; and implement remedies for underperforming organizations. The key objective of the Accountability Office will be to support continuous improvement in the accountability practices of the broader public sector. On the legislative front, the government introduced Bill 46 received first reading on May 9, 2001. 'i'his legislation contains provisions related to accountability that will have significant consequences for municipalities. You c~n download this Bill from the website of the Attorney General of Ontario at http://www.ontla.on.ca/library/bills/46372.htm. (I have at-[ached a copy of the Bill to electronic versions of this memo). Purposes of the Act The following are the purposes of the Act, as stated in section 1. 1. To initiate best practices in public sector organizations 0y measuring their performance against their established goals and by reportJng publicly on the progress made. 2. To improve program effectiveness and accountability to the public by promoting a stronger focus on the results and the quality of service of public sector organizations. 3. To improve the delivery of service by requiring that each public sector organization prepares a plan to meet identified objectives and to provide information about the results and quality of ser- vice that are achieved. 4. To improve decision-making in public sector organizations by ensuring that relevant information is made available to the pubiic about the organization's obiectives and about the effectiveness and efficiency of its activities. 5. To improve the fiscal responsibility of public sector organizations by requiring them to prepare a balanced budget each year. Organ izations Affected T'he Bill is intended to apply to the broad public sector, including municipalities, colleges, universities and hospitals. For the municipal sector, the reach of the Act is broader than just municipalities. The Act affects "Every local board as defined in the Municipal Affairs Act and every authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of' the corporation of' a municipality in Ontario." The number of special purpose bodies in the municipal sector is staggering, it is unlikely that an exhaustive directory of all such organizations even exists. The Act extends even furl:her to include share and non-share corporations where a majority of directors are appointed by municipalities. The followinG are subsections 2(7) and 2(8) respe¢ldvely. 05/06 '01 TUE 16:12 FAX 416 440 0887 ~FOA/Clt~S/0NE ~ 118 7. Every corporation with share capital, at least 90 per cent of the issued shares of which are beneficially held by, or for, one or more public sector organizations described in paragraphs 1 to 6, and every wholly-owned subsidiary of such a corporation. 8. Every corporation without share capital, the majority of whose members, directors or officers are members of, or are appointed or chosen by or under the authority of, one or more public sector organizations described in paragraphs 1 to 6, and evew wholty-owned subsidiary of such a corporation. This is so broad that it would seem to include municipal associations. MFOA, for example, is governed by a Board of Directors which is voted into office by municipal finance officers who are members of MFOA. It could also include business subsidiaries of such organizations such as Consulting@MFOA. New Accountability Requirements Bill 46 requires all organizations in the broad public sector to: prepamannual business plans prepare annualreports consult with the public measu~performance repo~ on performance Preparation of Business Annual Plan (Section 4) ~n each year all organizations caught by the Ac[ must prepare a business plan. The plan must contain the following information: 1. 2. 3. 4. 5. 6. 7. 10- 11. A description of the governance structure and management structure of the organization. A comprehensive statement of purpose, addressing the major functions and operations of the organization. A description of the major activities of the organization for the year. A statement of the goals and objectives to be achieved with respect to each major activity of the organization during the year. A description of the actions the organization will take during the year to achieve those goals and objec~ves. A description of the human, financial, technological and other resources that the organization will need dudng the year to achieve those goals and objectives. A description of how the organization will monitor its performance dudng the year and how it will monitor the resources that it uses to achieve its goals and objectives. If it is not possible to monitor them using objective, quantitative measurements, the plan must explain the reasons and describe how the organization intends to assess its performance. A description of any significant factors outside the control of the organization that are likely to affect the achievement of its goals and objectives. A description of the actions that the organization will take to establish the reasonableness of the business plan and to review the organization's s~lccess in achieving its goals and objectives. A description of the methods that the organization will use to set ~uture goals and objectives and the organization's timetable for doing so. A description of the measures that the organization will take to improve its services and its efficiency and the measures it will take to identify alternate methods of delivering its services, inciuding the delivery of those services by the private sector. 05/06 '01 TL~ 16:12 FA~ 416 440 0887 985 420 5Z1Z ~FOA/CH[~S/0~ Paterson, Toun pf Pa§e fl84 9 ®oo ! 2. Its budget for the year. Municipalities, boards and other affected organizations must engage in consultation with affected parties when preparing the annual business plan. Section 5 of the Bill stipulates that the budget that forms part of the business plan must be balanced. This does not affect the municipal sector since the Municipa/ Act already prohibits Inunicipalities from budgeting for a deficit. Reporting on Results (Section 6) Each affected organization must file an annuaI report within 6 months of the end of its fiscal year. The report must contain the foIIowing information. The business plan for the year. A description of the extent to which the organization achieved its goals and objectives for the year. as set out in the business plan. If any of those goais or object, yes were not achieved, a description of the reasons that they were not achieved and of the steps that the urganization plans to take to achieve them. If the organization considers that any of those goals or objectives cannot be achieved, a description of the reasons that they cannot be achieved and of the steps that the organization plans to take as a result. A statement indicating whether the books and records of the organization for the year are complete and accurate. A statement indicating whether the systems and practices of the organization during the year can reasonably be relied upon to have ensured that the organization protected its assets, spent money only as authorized and managed its resources efficiently. The financial statements of the organization for the year. The business plan for the following year. AnnuaI reports must be available for public viewing and must be submitled to every Ministry from which the organization receives funding. Monitoring Performance (Section If, "in the opinion of the Minister of Finance," your municipality, board, or commission has failed to achieve its stated goals, the Minister: May require your municipality to review its financial management, business practices and operating practices and to report the results of the review to [he Minister; or May review the organization's financial management, business practices and operating practices, Such a review is undertaken so that the Minister can make recommendations (ss 9(4)) about the areas under review, The municipality under review has a legal obligation to cooperate (ss 9(7)). Fffect of Non-Performance If an organization refuses to comply with the provisions of the Act, the Minister of Finance can withhald any provincial funds that the organization is otherwise entitled to receive. If the organization iater complies, the Minister will make the payments to whl¢l~ the organization was entitled_ Individuals who obstruct a review are guilty of an offence and liable to a fine, 06/05/01 15:36:10 EST; ~I[JI~IEIPflL FI[l~-> ~f15 420 5313 05/06 'ol TUE 16:12 FAX 416 440 0887 ~iFOA/CH[P~fS/ONE 120 Paterson, Town pi Pag~ 885 Regulations The Minister of Finance may make regulations under the Act to: exempt certain organizations from the ACts provisions. define public organizations affected by the Act_ The legislations stipulates that the Minister may prescribe organizations even if they do not directly or indirectly receive funding from the Province. set fees to charge the public for annual reports. Our Concerns The reaction of most municipal officials is that the municipal sector is different from colleges, universities and hospitals in that municipal councils are directJy elected by ratepayers. Municipal decision-making is far more open than the decision-making structures at any other level of government or of other organizations in the broad public sector. Decision-making in most ~nunicipalities also involves numerous oppertuni§es for citizen involvement. Finally, municipalities receive relatively little funding from the Province and have always been required to have balanced budgets. Therefore, the provisions of the Public Sector Accountabil/ty Act, 2001 seem out of place relative to the municipal sector. Many of the objectives of this legislation are either irrelevant (i.e. balanced budgets, public consultation} or are being achieved through other avenues (e.g. Municipal Performance Measurement Program). The provisions of this Act, therefore, seem more appropriate for other organizations in the broad public sector. MFOA and other municipal associations are also concerned about the impact that these provisions could have on the creation of private-public partnerships if such partnerships are subjected to levels of disclosure that purely pdvate organizations are not. Municipal officials have Aisc expressed concerns about the magnitude of the effort required to comply with the Act. Some municipalities have a significant number of boards and the full scope of included organizations could be significant. Finally, these provisions seem to be at odds with the type of relationship that municipalities have been trying to develop with the Province. A new MunicipalAct, for example, was to be predicated on broad grants of power and wide levels of local discretion for municipalities that are accountable to local ratepayers. Under this legislation, there can be a significant degree of Provincial direction in local decision-making if a small group of ratepayers can succeed in having the Minister review a municipality for failure to reach its objectives. MFOA is working in concert with AMC and other municipal associations to develop a response to this legislation, Please feel free to forward your comments to us by fax at 416-440-0887 or by e- mail to dan~;~mfoa.on.ca. We will keep you posted of key events in this area. ~"';kCH MEN'r ~ ,~ TO REPORT #~o -OI 171 2ND SESSION, 37THLEGISLATLT~E, ONTA2ZiO 50 ELIZABETH II, 2001 _,, L~zGISLATUTKE, ONTARIO 50 EL~BET~A~ LI. 2001 Bill 46 iProjet de loi 46 An Act respecting the accountability of public sector organizations Loi portant sur la responsabilisadon des organismes publics The Hon. J. Flaherrv Minister of Finance k'honorable J. Flaherry Ministre des Finances Government Bill Projet de loi du gouvernement 1st Reading 2nd Reading 3 rd Reading Royal Assent May 9, 200i 1 ~ lecture 2' lecture ne lecture Sanction royale 9 mai 200t Pnnted by the Legislative Assem'siv of Ontario Imvnmd par i'Assembide Ibgislative de 1' Ontario EXPLANATORY NOTE The Bill enacts the Public Sector Accountabili.ty Act, 2001. The purposes of the Act are set out in section 1. The public sector organizations to which the Act applies are descr/bed in section 2, and additions and exemptions may be made by regulation. Each public sector organization is required tO prepare a business plan each year, and the contents of the business plan are specified in section 4. Organizations are also required to plan for a balanced budget each year. Within six months after the end of a year for which an organization prepares a business plan under the Act, the org'anizatmn must prepare an annuaI report. The contents of the annual report are specified in section 6. Annual reports are to be made available to the public. Section 9 allows the Minister of Finance to require an organization to review its financ/ai management, business practices and operating practices if, in the Minister's opinion, the organization repeatedly fails to meet its objectives or if it fails to meet a significant objective in a particular year. The Minister may also undertake such a review directly. The purposes of such reviews are set out in section 9. Section 10 sets out planning and reporting requirements for an org. ani.zation that has a deficit in a particular year. Such an orgamzat~on is required to plan for a surplus in the two years after the deficit occurs to offset the amount of the deficit. If an organization fails to comply with the Act, payments from the Crown to the organization may be withheld. Secfiun I 1 of the Act sets out the circumstances and restrictions that apply. Section 14 governs the collection, use and disclosure of personal information by the Minister of Finance. Certain restrictions are set out. NOTE EXPLICATIVE Le projet de loi ~dicte la Loi de 2001 aur Ia rexivonxabilisation du xecteur public. Les objets de la Loi sont ~nonc~s h l'art/cte 1. Les organismes publics auxquels s'applique ia Loi sont ~num~r~s ~ l'article 2; les r~glements peuvent pr~voir des ajouts et des exclusions. Les organismes publics sont tenus d%laborer pour chaque exercice un plan d'activit~s dont le contenu est pr~cis~ i l'article 4. Ils sont ~galement tenus de pr6voir un budget ~quilibr~ pour chaque exemice. Dans les six mois de la fin de l'exercice vis~ par leur plan d'activit~s, les organismes doivent r~diger un rapport annuel dont le contenu est pr6cis~ i l'article 6. Ce rapport doit ~tre mis i la disposition du public. L'article 9 permet au rninistre des Finances d'exiger qu'un organisme examine sa gestion financiare, ses pratiques d'affaires et ses procad~s de fonctionnement si, ~ son av/s, cet organisme n'arrive pas, fr~quemment,/~ atteindre ses object/fs ou n'atteint pas un objectif important au cours d'un exercice dorm~. Le ministre peut dgalement lui-mame procdder ~ un tel examen. Les objets de ces examens sont ~nonc6s i l'article 9. L'article 10 6nonce les exigences en mati~re de planification et d'inforrnation que doivent respecter les organismes qui affichent un d~ficit pour un exercice donnfi. Ces organismes sont tenus de prdvoir tm exc~dent pour les deux exercices qui suivent pour compenser le d~ficit. Les organismes qui n%bse}-vent pas la Loi s'exposent ~ la retenue des sommes que leur verse la Couronne. L'article 11 de la Loi ~nonce les circonstances et les restrictions qui s'apptiquent ators. L'articte 14 r~git la collecte, l'ufilisation et la divulgation de renseignements personnels par le min/stre des Finances et 6nonce certaines restrictions. 173 Bill 46 2001 Projet de loi 46 2001 An Act respecting the accountability of public sector orgauizations Loi portant sur la responsabilisation des organismes publics CONTENTS INTERPRET &TION I. Purposes PUBLIC SE("I OR ORGANIZATIONS 2. Public sector organ:zat:ons 3. Exclusions ]'tie PL,&NNING PROCESS 4. L)u~.' to prepare business plan 5. Duty to plan ibr baianced budget REPORTING ON RESULTS fi. Duty to prepare annual report 7. Public inspection Publication or disclosure of annual reports N'IONI I ORiNG PERFORM ANCt! 9. Effect of fai!ure to achieve obiectit cs 1 i) EFfect of a deficit (}ENURAL 1 1. Entbrcement 12. Prohibition, obstruction 13. ,~Xccounting pnnciples and standards 14. Personal information 15. Effect of authorized disclosure of information t6. Delegation byMimster of Finance 17. Protection from liability 18. Conflicts 19. Regulations 20. Commencement 21. Short title SO~'I~'IAIRE l NUT. R P PTLTATI 0 N i ¢_)'m ets ()RG,\NISME$ PUBLICS 2 L~rgan:srnes pubiics LE }'R~ ~/'ESSLS DE PI.A?{iFIC.A7 ION ,2i'.iJgzrt:c;,n de vrevoir un budget &quiiibr6 L:x PRESENTATION DES PmSULTATS 6 ~Pbiization de radiger ~ rappo~ annuel 7 C'.,nsuitation 8 P?[ict~t:on ou divulgation des rappom ~nuels LE N[ qv1 DU ~NDEMENT 9 Ef;~t dc ;a ::on-~ealisation des obiectifs L::ikt d'un d~:ic!t L)LSI'r~SITI(?)45 GENL:RALES 13 P~nnc?cs coinz'~:bieq et no~es 14 Rer~se:gmements personnels 15 Eflkt de 2a dixxa}~at~on autonsdc de rensei~emenB 16 D~iagat~on par ie mmistre des Fin~ces 18. incompat/biht? 19. R~aie:nents 20 [~ntrde en v:gueur 21. Titre abrdgO Her Nl~&jest3. by and with the advice a~d consent of thc Legislative Assembly of the Province of Ontario. enacts as follows: Sa 5. laieste, sur i'axis et avec le consentement de l':Xsserniolde ido,siative=, de la province de l'Ontario, 6dic'~e . 2 124 Bill 46 PUBLIC SECTOR ACCOUNTABILITY Sec./art. I INTERPRETATION Purposes 1. The following are the purposes of this Act: 1. To initiate best practices in public sector organi- zations by measuring their performance against their established goals and by reporting publicly on the progress made. 2. To improve program effectiveness and account- ability to the public by promoting a stronger focus on the results and the quality, of service of public sector organizations. 3. To improve the delivery of service by requiring that each public sector organization prepares a plan to meet identified objectives and to provide intbrmation about the results and quality of ser- vice that are achieved: 4. To improve decision-making in public sector or- ganizations by ensuring that relevant information is made available to the public about the organi- zation's objectives and about the effectiveness and efficiency of its activities. 5. To improve the fiscal responsibility of public sector organizations by requiring them to prepare a balanced budget each year. PUBLIC SECTOR ORGANIZATIONS Public sector organizations 2. The following persons and entities are the public sector organizations to which this Act applies: 1. Every agency of the Cro~vn in right of Ontario and every authority, board, commission, corpora- tion, office or organization of persons a majority of whose directors, members or officers are pointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council. The corporation of every municipality in Ontario. Every local board as defined in the Municipal Affairs Act and every authority, board, commis- sion, corporation, office or organization of per- sons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario. Every board as defined in the Education Act. Every university in Ontario and every o dlege of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for the purposes of calculating annual operating grants entitlements. INTERPRETATION Ob jets 1. Les objets de la prdsente loi sont les suivants: 1. inciter les organismes publics ~_ adopter des prati- ques exemplaires en comparant leur rendement aux buts qu'ils se sont fix6s et en rendant publi- quement compte des progr~s qu'ils ont accomptis. 2. Amdiorer l'efficacitd des programmes et accroi- tre la responsabilisation des organismes publics i l'6gard du public en dormant une plus grande im- portance aux r6sultats de ces organismes et ~ ta qualit6 des services qu'ils offrent. 3. Amdiorer la prestation des services en exigeant que les organismes publics rddigent tous un plan qui leur permettra d'atteindre les ol~jectifs qu'ils ont prdcis~s et d'informer le public sur les r~sul- tats et la qualitd de service qu'ils ont atteints. 4. Amdiorer la prise de ddcisions au sein des orga- nis~nes publics en faisant en sorte qu'ils met"tent ~ la disposition du public des renseignements perti- nents sur teurs objectifs et sur l'efficacit6 et l'efficience de leurs activit~s. 5. Amdiorer la responsabilitd financi6re des orga- nismes publics en exigeant qu'ils 61aborent un budget annuel ~quilibr& ORGANISM'ES PUBLICS Organismes publics 2. Les personnes et entitds qui suivent constituent les organismes publics auxquels s'applique la pr~sente loi: 1. Les organismes qui rel6vent de la Couronne du chef de l'Ontario ainsi que les offices, conseils, commissions, personnes morales, bureaux et or- ganisations de personnes dont la majorit~ des ad- ministrateurs, des membres ou des dirigeants sont nommds ou choisis par le lieutenant-gouverneur en conseil ou un membre du Conseil exdcutif, ou sous son autorit6. 2. Les municipalitds de l'Ontario. 3. Les conseils locaux au sens de la Loi sur les affai- res municipales ainsi que les offices, conseits, commissions, personnes morales, bureaux et or- ganisations de personnes dont la totalita ou une partie des membres, des administrateurs ou des dirigeants sont nommas ou choisis par le conseil d'une municipalit~ de l'Ontario ou sous son auto- rit& 4. Les conseils au sens de la Loi sur l'~ducation. 5. Les universitds de l'Ontario ainsi que les coll~ges d'arts appliquas et de technologie et les ~tablis- sements postsecondaires de la province -- qu'ils soient affili~s ou non ~ une universit6 -- dont l'effectif entre dans le calcul des subventions de fonctionnement annuelles auxquelles ils ont droit. Sec.,at% 2 RESPt)NSABILISA ilON DU SECTEUR PLBLiC Projet 46 3 1_o5 Every hospital referred to in the list o£ hospitals and their grades and classifications that is main- mined under the Public tfospitais Acz, eveW pri- vate hospital operated under the authority of a li- cence issued under the Private Ho~s'?zcz[s' Act and every hospital established or approved by the Lieutenant Governor in Council as ax psychiatric hospital under the C'om,zum~,: attic Hospitals Act. 7. Every corporation with share capital, a~ least per cent of the issued shares of whicit arc bencIl- cially heed by, or for. one or more public sector' organizations described in paragraphs 1 to ~,. and every wholly-owned subsidia~' of such a corpora- tion. 8. Every corporation without share capital, the ¢~rity of whose members, directors or o~'ficers arc members oi~ or are appointed or chosen b~ or der the authority of, one or more public sector or- ganizations described in paragraphs 1 tt~ (~, and every wholly-owned subsidia~' o1' such a corpora- rich. 9. Every board of health under ~he /]cab/: tion and Promotion Ac[ and ever\ board d' health under an Act of the Assembh' that estabiishc; er continues a regional municipa]ity 10. Such other persons and entities as ma,, be pze- scribed. Exclusions 3. (i~ This Act does not apply to tile t)t'flce of thc Lieutenant Governor, the Assembly and the oi'lces ¢~r' persons appointed on the address of'the Assembi', Same (2) This 2\ct does not apply to such persons and eno- ties as may be prescribed by regulation, dcsprte section 2. THE PLANNING PROCESS Duty to prepare business plan 4. (1) Every public sector organization shall prepare a business plan every, year. Contents (2) A business plan must contain the following in- formation xvitt~ respect to the fiscal year tbr which it is prepared: 1. A description of the governance structure and management structure of the organization 2. A comprehensive statement of purpose, addres<- lng the major functions and operations o£ the or- ganization. 3. A description of the major activitms of thc of ganization for the year. 4. A statement of the goals and objectives to be Les hOpitaux mentionn8s sur la liste des h6pitaux et cie leers classes et categories qui est tenue en application de la Lot sur les hlpitaux publics, les h6oitaux prix'ds exploitds en ve~ d'un permis cieiu,'rO en application de la Lei sur les h(Jpita~r m'¢xd~ ainst que les h6pitaux ouvert~ ou agra,s par lc lieutenant-gouvemeur en conseil comme h~bp~taux psychiatriques communautaires en xertu dc la Loz ~-ur /es h~ptla~r I;sychzatrtques commu- L_eN personnes morales avec capital-actions dent au moins 90 pour cent des actions &nises sent dd- tenues h titre bendficiaire par un ou plusieurs or- gantsmes publics vises atLx dispositions 1 5 6 ou pour leer compte, ains~ que les filiales en propri6- t~ oxolusiv~ de cos personnes morales. Les personnes morales sans capital-actions dent ia maiomtd des membres, des administrateurs ou d~s dirigeants sent nomm~s ou choisis par un ou plusieurs des organismes publics visas aux dispo- sitions i dx 0 ou sous lear autorit6, ou en sent membres, ainsi que les filiales en propndtd exclu- 5IV0 de COS Usrso[lnes morales. ctmseiis de santo visOs par uno lei de la Ldgisla- turP ou~ tree ou maintient uno municipalitd trigge- r:ale. i_es personnes et entit6s prescrites. J{XCJLIliORq 3. i i~ La ardsento lei ne s'applique pas au Bureau du tieutcnam-?u,, crncur, i~ l'Assemblde ni aux bureaux des pcrsonncs r~o::lrnde> sur adresse de l'.&ssemblde. Idem (2) _Maigre i'articie 2. ia prdsente lei ne s'applique pas aox tocrsonncs et enntes prescrites par reglement. LE PROCESSUS DE PLANIFICATION Obli~zation d'tllaborer un plan d'activit~s 4. ~ '. ~ Chaque exercice, tout organisme public dabore un ?lan d'act~x'~tes. Q'ontcnu t21 Le plan d'activit6s contient les renseignements suivan:s ii l'tlgarci de l'exercice qu'il vise: t. La ciescnDtton des structures de gouvernance et de :_zestion de I'organisme. £ L'&~c)nce de mission exhaustif de l'organisme, qtu en decrit les principales fonctions et les pnn- c~paux secteurs de fonctionnement. 7 La description des grandes activit~s que l'orga- r1is[ilo in6nera au coors de l'exercice. 4 L'dnc, nce des buts et objectifs quo l'organisme 1 ~ 6 Bill 46 PUBLIC SECTOR ACCOUNTABILITY Sec./art. 4 (2) achieved with respect to each major activity of the organization during the year. 5. A description of the actions the organization will take during the year to achieve those goals and objectives. 6. A description of the human, financial, technologi- cal and other resources that the organization will need during the year to achieve those goals and objectives. 7. A description of how the organization will moni- tor its performance during the year and how it will monitor the resources that it uses to achieve its goals and objectives. If it is not possible to monitor them using objective, quantitative meas~ urements, the plan must explain the reasons and describe hoxv the organization intends to assess its performance. 8. A description of any significant factors outside the control of the organization that are likely to affect the achievement of its goals and objectives. 9. A description of the actions that the organization will take to establish the reasonableness of the business plan and to review the organization's success in achieving its goals and objectives. 10. A description of the methods that the organization will use to set future goals and objectives and the organization's timetable for doing so. I 1. A description of the measures that the organiza- tion will take to improve its services and its effi- ciency and the measures it will take to identify al- ternate methods of delivering its services, includ- ing the delivery of those services by the private sector. 12. Its budget for the year. Consultation (3) When preparing a business plan, the organization sh~all consider the views of persons and entities outside the organization who may have an interest in its activi- ties. Approval (4) The business plan must be approved by the gov- erning body of the organization. Impact of change in status (5) Ifa person or entity is a public sector organization to which this Act applies for only part of its fiscal year, the organization is not required to prepare a business plan under this section for that year. Transition (6) Despite subsection (5), every public sector or- ganization to which this Act applies on the day section 2 comes into force is required to prepare a business plan for its first fiscal year that begins after March 31, 2001. doit atteindre i l'~gard de chacune de ses grandes activit~s au cours de l'exercice. Les mesures que l'organisme prendra au cours de l'exercice pour atteindre ces buts et objectifs. 6. Les ressources humaines, financi~res, technologi- ques et autres dont l'organisme aura besoin au cours de l'exercice pour atteindre ces buts et ob- jectifs. 7. La mani~re dont l'organisme effectuera le suivi de son rendement au cours de l'exercice et dont il assurera le suivi des ressources dont il se sert pour atteindre ses buts et objectifs. S'il est impos- sible d'assurer ce suivi h l'aide de mesures objec- tives et quantitatives, le plan doit en donner les motifs et d6crire la fa~on dont l'organisme entend ~valuer son rendement. 8. Les facteurs importants dont l'organisme n'est pas maitre et qui auront vraisemblablement une incidence sur la r~alisation de scs buts et objec- tifs. 9. Les mesures que l'organisme prendra pour ~tablir le caractare raisonnablc du plan d'activitfis et pour ~valuer son degr6 de r6ussite dans la r6alisa- tion de scs buts et objectifs. 10. Les m~thodes dont l'organisme se servira pour fixer scs buts et objectifs fi~turs et les d~lais qu'il se donne pour ce faire. 1t. Les mesures que l'organisme prendra pour am~- liorer scs services et son efficience, ainsi que pour trouver d'autres modes de prestation de scs servi- ces, y compris lCur prestation par le secteur privY. 12. Ses pravisions budg~taires pour l'exercice. Consultation (3) Au cours de l'~laboration de son plan d'activit6s, l'organisme tient compte des points de vue des person- nes et entit~s externes qu'int~ressent scs activit6s. Approbation (4) Le plan d'activit~s doit 8tre approuv~ par l'organe de direction de l'organisme. Incidence d'un changement de statut (5) Si une personne ou une entitfi n'est un organisme public auquel s'applique la pr~sente loi que pendant une partie de son exercice, l'organisme n'est pas tenu d'~laborer de plan d'activitfis en application du present article pour cet exercice. Disposition transitoire (6) Malgr~ le paragraphe (5), tout organisme public auquel la prfisente loi s'applique le jour de l'entr~e en vigueur de l'article 2 est renu d'~laborer un plan d'activit~s pour le premier de ses exercices qui com- mence apres le 31 mars 2001. Sec.'an. 5 (1) RES?ONSABILISATION DU SECTEUR ?UBLit Proiet 46 127 Duty to plan for balanced budget 5. (I) Evew public sector organization shaIl plan for a balanced budget every' year Exception (2) An organization is not required by this .Nc[ to plan for a balanced budget fbr a particular fiscal ~ear ~f ~t not required by this Act to prepare a business plan for that v?ar. Definition (3 ~ in this secuon. "balanced budget" means, with respect to a pubh: sec[or organization a budget in which thc or~amzatton's ticipated expenditures fi>r a fiscal xear cio nol exceed its anticipated revenues ~br the xear ~PORTING ON RESUL'I S Duty to prepare annual report 6. (1) Every public sector organizatmn shall prepare an annual repo~, and shall do so within six months aIter the end of the applicable fiscal xear. [xceptiun (2) An organization is not requued bx. this -Ncr prepare an annual ~eport fbr a particular fiscal ',~'ar ~r' was not required by this Act to prepare a busine;s fbr that year. Contents (3) The annual report ~nust include thc ibllm,,m2 m- lbnnation and documents: 1. The business plan ~br the year. 2. A description of the extent to which thc tion achieved its goals and objcctixes fur ch,3 ,,ear, as set out in the business plan. 3 If' anx oF those goals or objectives ,,sere achieved, a description of the reasons dmt the'~ were not achieved and of the steps that the ganization plans to take to achieve them. 4. If the organization considers fluat any o: goals or objectives cannot be aciueved, a tion of the reasons that they cannot be achiex ed and of the steps that the organization ?hms to take as a result. 5. A statement indicating whether thc book~ and records of the organization 2)r the ~car arc com- plete and accurate. 6 A statement indicating whether the systems and practices of tim organization during thc_year can reasonably be relied upon to have ensured that organization protected its assets, spent mc)ne', only as authorized and ~nanaged its resources e:- ficienttv. 7: The financial statements of the organizauon for the year. 8. The business plan fbr the folIowing Obligation de pr~',oir un budget ~.quilibr~ 5. (11 Tout organisme public prdvoit un budget 1/bra pour chacun de scs exercices. Excepti~m (2~ L'orgamsmc uui n'est pas tenu par ta prcsente loi d'6Iabc, rer de plan d'activitds pour un exercice donn~ n'cst pas renu non phis par la pr6sente loi de prdvolr un bud?t ccuiiibr6 pour cot exercice. Dofiniti{m ~3 ~ La ddfinition qui suit s'applique au prdsent article. ,xbud~et 6auilibrd>, Pour ce qui est d'un orgamsme pu- bile. budget scion lequel scs ddpenses prd,.'ucs d'uu cxcrc~ce ne sont pas supor/eures ~ scs recettes prdvues L.x P~LSENTATiON DES RESULTATS Obli~ati~m de r~diger un rapport annuel 6. ( i Tout organisme public rddige un rapport a~uel dans les mx mois qui suivent la fin dc son exercice. Exception ~2~ I_'orTm~smc qm n'est pas tenu m~r la prdsente loi ci'&aN>r:: de plan d'activit&s pnur un exercice donne n'ext :):~s renu non plus par la prds2nte loi de r&tiger un rapport armtlcJ Dour cot exercicc. Conten~ (3~ L,e rappor~ annuel contient les renseignements et docullldllts Stli~aBL5 : Le plan d'activitds de l'exercice. La m~sur~ daus laqncllc l'organisme a atteint scs 'nuts et ob!ectiffs de l'exercice qui sont exposds x L.c< mou!5 pouf !esauels cenains de cos buts et oblodtlt'5 n'cmt pas Or0 atteints, le cas ~chdant, et i:s mesur~s quo l'orgnnismc entend prendre po~ 4 i,,; rnotii~ puur iesquels cenains de ces buts et ob~ectifs ne peuvent ¢tre atteints de l'avis de l'organismc, et les mesures qu'il entend prendre on co[15~oucncc. L'ne c!eciaration indiquant si les livres et registres cie l',)rgamsme qui portent sur l'exercice sont Uno declaration tndiquant si l'organisme peut r~HsorlnaDiement Se fief aux syst~mes et atlx m~- rhodes qu':i a mis en oeuvre au cours de I exercice pour protdger ses actifk, n'engager quo des dcpenses autonsdes ct gdrer scs ressources Les (qats financiers de l'exercice de l'organisme. S Le plan d'activitds de l'exercice suivant. 1 ~ 8 Bill 46 PUBLIC SECTOR ACCOUNTABILITY Sec./art. 6 (4) Audit requirement (4) The financial statements must be audited by one or more persons licensed as auditors under the Public Accountancy Act. Approval (5) The annual report must be approved by the gov- erning body o£ the organization. Public inspection 7. (i) Every public sector organization shall make available to the public each annual report it prepares under this Act, and shall do so within six months a~ter the end of the fiscal year to which it relates. Sale to the public (2) The organization shall give a copy o£ its am~ual report to every person who asks for one and may charge the fee, if any, prescribed by regulation. Delivery to ministries (3) The organization shall give a copy o£ its annual report for a fiscal year to the Ministry o£ Finance and to every other ministry o£ the Crown £rom which the or- ganization receives funding, directly or indirectly, dur- ing the year, and shall do so within six months after the end of the fiscal year. Publicvlion or disclosure of annual reports 8. Any person may publish the information contained in an annual report prepared under this Act and any min- istry of the Crown may disclose such information. MONITORING PERFORMANCE Effect of failure to achieve objectives 9. (1) This section applies if, in the opinion of the Minister of Finance, a public sector organization repeat- edly fails to achieve the objectives set out in its business plans or fails to achieve one or more significant objec- tives in a business plan for a particular year. Review by the organization (2) The Minister of Finance may require the organi- zation to review its financial management, business practices and operating practices if, in his or her opin- ion, such a review is in the public interest having regard to the purposes of this Act, and to report the results of the review to the Minister. Review by the Minister (3) The Minister of Finance may review the organiza- tion's financial management, business practices and operating practices if, in his or her opinion, such a re- view is in the public interest having regard to the pur- poses of tiff: Act_ Purposes of review (4) A review is undertaken in order to enable the Minister of Finance to make recommendations to the organization, to determine whether to exercise any of his or her powers under this Act or to determine whether to make recommendations, and what recommendations to V6rificafion obligatoire (4) Les ~tats financiers sont v~rifi~s par une ou plu- sieurs personnes titulaires d'un permis de v~rificateur dblivrfi en vertu de la Loi sur la comptabilitdpublique. Approbation (5) Le rapport annuel doit &re approuv~ par l'organe de direction de l'organisme. Consultation 7. (1) Tout organisme public met ~ la disposition du public, dans les six mois de la fin de l'exercice vis& chaque rapport annuet qu'il r6dige en application de la pr~sente loi. Vente au public (2) L'organisme doit remettre un exemplaire de son rapport atmuel ~ quiconque le lui demande et peut exiger les frais dventuels prescrits par rgglement. Remise aux minist~res (3) L'organisme remet un exemplaire de son rapport annuel, dans les six mois de la fin de l'exercice, au mi- nistbre des Finances et h chaque minist~re de la Cou- ronne duquel il a renu des credits, directement ou indi- rectement, au cours de cet exercice. Publication ou divulgation des rapports anuuels 8. Quiconque peut publier les renseignements qui figurent dans un rapport annuel r~dig~ en application de la pr~sente loi et tout ministate de ia Couronne peut les divulguer. LE SUIVI DU RENDEMENT Effet de la non-rgalisafion des objectifs 9. (1) Le present article s'applique si, de l'avis du ministre des Finances, un organisme public n'arrive pas, fr~quemrnent, ~ atteindre les objectifs de son plan d'activitfis ou n'atteint pas un ou plusieurs objectifs im- portants du plan d'activit~s d'un exercice dorm6. Examen par l'organisme (2) S'il est d'avis que cela est dans l'int6r6t public compte renu des objets de la pr~sente Ioi, le ministre des Finances peut exiger que l'organisme examine sa ges- tion financi~re, ses pratiques d'affaires et ses proc~d6s de fonctionnement et lui fasse rapport des r6sultats de cet examen. Examen par le ministre (3) S'il est d'avis que cela est dans l'int6r~t public compte renu des objets de la pr~sente loi, le ministre des Finances peut examiner la gestion financi~re, les prati- ques d'affaires et les proc6d6s de fonctionnement de l'organisme. Objet de l'examen (4) L'examen vise h permettre au ministre des Finan- ces de faire des recommandations a l'organisme, de dg- cider s'il doit exercer les pouvoirs que lui conFere la pr6sente loi ou de d6cider s'il doit faire des recomman- dations a un autre ministre de la Couronne quant /~ make, to another minister of the Crown about the exer- cise ,2F a power that the other minister max ha'.c under any other Act. Reqnirements re review by organizatiou /5; if the biinister of Finance requires thc organiza- uon to undertake a revie~v, the Minister may impose such requirements and restrictions wilh ~esncct to :be review as he or she considers appropriate Notice (6) The Minister of Finance shall gi',e not,c: ,:' a review to any other ministry of thc Cro'~n that pr'o', ides Rmding to the organization. Duty to co-operate (7) if the Minister of Finance undertakes a rcviev,. the organization and its directors, members, employees and agents shall co-operate ~vith each individual con- ductmg the review on behalf of the Minister and shai~ give him or her tull access to all intbrmation, docu- ments, records and things in their possession or control that the individual considers to be relevant to the re'. ~e'a Cnnfidenfiality of personal informatiun (8) Before giving an individual conducting a rc'.~,'.~ on behalf of the Minister access to inlbrmatiom &,cci- ments, records and things in its possession et contn, l. the organization shall ensure that all red,refaces to th, name of any individual and all other inlbrmation that may identi~' an individual am removed. Cost of revie~ {9) The Minister of Finance may require the or~am- zation to pay all or part of the cost o£ a rcviex~, and organization shall do so. Et'feet ufa deficit 10. (I) This section applies if a public secto~ zation has a deficit for a fiscal year for u, hich tho or- ganization was required by this Act to plan 2>r x bal- anced budget. Change in requirements fnr business plans (2) The organization is required to prep~e a plan for each of the two following years, and to do sc, before the beginning of the following year Same (3) Subsection (2) applies whether or not the orgam- zation would otherwise be required to prepare a business plan under section 4 for the each of the following two years, Change in requirement to plan for balanced budget {4) Instead of planning for a balancecl budget m each of the fbllowing two years, the orgamzation is required to plan to have a surplus in the following 7ea~ and it may have a surplus in the second year. Same {5) Subsection (4) applies whether or not the zation would otherwise be required to plan for a hal- l'exercice des pouvoirs qu'une autre lei confare ~ ce ~emicr et. lc cas dchdant, la nature de ces reconunanda- tlons Exi~zences: examen par I'or~anisme 151%'it exioe~ que l'orxanisme~ precede ~. un examen. le ministre des Finances peut imposer route exigence et route restriction qu'iI estime pertinente ~. l'~gard de cet exalnen. Avis ((5> kc mm~stre des Finauces a,.ise de la tenue d'un examen tout autre ministate de la Couronne qui foumit des credits a l'organisme. Obligation de collaborer (71 Si ie nunistrc des Finances entreprend un examen. l'organlsme et ses adnmustrateurs, membres, employ'ds et mandataires collaborent avec route personne qui pro- cZede 5. ceiui-c/pour ie compte du mmistre et lui donnent plein acccs aux renseignements, documents, registres ou choses qui sent en leur possession ou dent ils ont le contrdle et qu'elle juge pertinents. Contldentialit~ des renseignements personnels ~8~ L'orgauismc fait cn sorte de faire supprimer les mentions cie trout particulier et les renseignemenks qui peuvent permettre d'cn identifier un dans tous les ren- seignements, documents ou registres et dans toutes les theses c[ul sent era sa possession ou dent il ale contrdle avant d", donner access 5. la personne qui procdde 5. l'exame:n pour lc cotnpte du ministrc. ('{)fit de l'examen , ~, Le rmmstre des Finances peut exiger que l'orga- nis.'P.c ?a~e tout ou parue des frais de l'cxamen, auquel ¢:'~5 i't,r2anlsme do~t ic faire. Effet d'un dfficit IlL il, ke .~rdsent article s'applique si un organisme pubiic accuse un deficit pour uu exercice pour lequel il Ota~t tcm~ pa~ la Nesentc io~ de prdvoir un budget 6quili- Nou~elle exigence concernant les plans d'activit{~s ~2: L'organisine est renu d'vSlaborer un plan d'activi- res dour chacun des deux exerclces suivants avant le ddbut de l'e×ercice suivant. Idem (3) i_e paragraohe t2) s'applique que l'organisme soit ou non renu par aiileurs d'dlaborer un plan d'activit6s en application de l'articie 4 pour chacun des deux exercices SUlvants. Nou~elle exh/ence concernant I'obligation de pr~voir un budpet ~SquilibrO 4, ?lutdt ~ue de prevoir un budget ~Squilibr;. pour chacun des deux excrcices suivants, l'organisme est tenu de prevo~r un excddent pour l'exercice suivant et peut en avert un pour l'exercice qui suit celui-ci. Idem , ~, Lc, paragrapile (4) s'applique que l'organisme soit ou non tenu par ailleurs de prdvoir un budget 6quilibrd 8 Bill 46 130 PUBLIC SECTOR ACCOUNTABILITY Sec./art. 10 (5) anced budget in each of the following two years. Additional requirement for surplus (6) The organization is required to plan its budget for the follo~ving two years so that, during those two years together, it has a surplus equal to the initial deficit. Definitions (7) In this section. "deficit" means, with respect to a public sector organiza- tion, an excess of expenditures of the organization for a fiscal year over its revenues for the year; ("dtficit") "surplus" means, with respect to a public sector organi- zation, an excess of revenues of the organization for a fiscal year over its expenditures for the year. "exeS- dent") GENERAL Enforcement 11. (1) This section applies if a public sector organi- zation fails to comply with section 4. 5 or 6 or subsec- tion 9 (7) or section 10 or with a requirement of the Minister of Finance imposed under section 9. Amounts withheld (2) The Minister of Finance may require a minister of the Crown to withhold all or part of any amount that the ministry is required by law to pay to the public sector organization. Payment of amounts withheld (3) The minister of the Crown shall pay the amount withheld under subsection (2) to the organization when, in the opinion of the Minister of Finance, the organiza- tion complies xvith section 4. 5 or 6, subsection 9 (7) or section 10 or with the requirement of the Minister of Finance imposed under section 9, as the case may be. Exception (4) Subsection (3) does not apply if, in the opinion of the Minister of Finance, the non-compliance continues after March 31 following the date on which the Minister requires the amount to be withheld from the organiza- tion under subsection (2). Same (5) An a~nount withheld under subsection (2) that is not subsequently paid to the organization by virtue of subsection (4) is part of the Consolidated Revenue Fund. Prohibition, obstruction 12. (1) No person shall knowingly obstruct an indi- vidual conducting a review on behalf of the Minister of Finance under section 9 or withhold or conceal from such an individual any information, document, record or thing that the individual considers to be relevant to the review. Offence (2) A person who contravenes subsection (1) is guilty of an offence and, on conviction, is liable to a fine of pour chacun des deux exercices suivants. Exigence snppl~mentaire concernant I'exc~dent (6) L'organisme est tenu d'daborer, pour les deux exercices suivants, des pravisions budg~taires qui se sotdent, au cours de la pfriode correspondant ~ces deux exercices, par un excadent ~gal au d~ficit initial. D~finitions (7) Les d~finitions qui suivent s'appliquent au prasent article. <<d~ficit>> Dans le cas d'un organisme public, s'entend de l'exc6dent de ses d~penses d'un exercice sur ses recet- res du m~me exercice. (<<deficit>>) <<exctdent>> Dans te cas d'un organisme public, s'entend de l'exc~dent de ses recettes d'un exercice sur ses dt- penses du mtme exercice. (<<surplus>>) DISPOSITIONS GENERALES Execution 11. (1) Le prtsent article s'applique si un organisme public n'observe pas l'article 4, 5 ou 6, le paragraphe 9 (7) ou l'article 10. ou une exigence que le ministre des Finances lui a impos~e en vertu de l'article 9. Retenue (2) Le nfinistre des Finances peut exiger qu'un minis- tre de la Couronne retienne tout ou pattie d'une somme que le minist6re est tenu en droit de verser l'organisme. Versement des sommes retenues (3) Le ministre de la Couronne verse la somme rete- hue en vertu du paragraphe (2) 'a l'organisme lorsque, de ?avis du ministre des Finances, il observe l'article 4, ou 6, le paragraphe 9 (7) ou l'article 10, ou une exigence que le ministre des Finances lui a impos6e en vertu de l'article 9, selon le cas. Exception (4) Le paragraphe (3) ne s'applique pas si, de l'avis du ministre des Finances, I'inobservation se poursuit apres le 31 mars qui suit la date g laquelle il exige que la somme soit retenue en vertu du paragraphe (2). Idem (5) Toute somme retenue en vertu du paragraphe (2) qui n'est pas par la suite pay6e ~ l'organisme par l'effet du paragraphe (4) est vers~e au Tr~sor. Interdiction: entrave 12. (1) Nul ne doit sciemment faire entrave fi. la per- sonne qui proc~de & un examen pour le compte du mi- nistre des Finances en vertu de l'article 9, ni retenir des renseignements, des documents, des registres ou des choses qu'elle juge pertinents, ni les lui dissimuler. Infraction (2) Quiconque contrevient au paragraphe (1) est cou- pable d'une infraction et passible, sur d&laration de Sec.:art. 12 {2) RESPONSABLLIS:\i'ION DU SECTEUR F'UBLIC Projet 46 9 1, 1 more than $2,000. Accounting plinciples and standards 13. (i) A public sector organizatmn is required rt us~ ti~e same accounting principles and standarcis when preparing ~ts budget as it uses to p~eparc its igrlaHci3.} statements for the purposes of this Act. 12/ The financial statements of a public sector or- ganization must be prepared in accordance witl'~ ally accepted accounting principles or in acc~,rdance with such other standards as may be prescribed b3 regu~ iation. Personal information 14. Ii) The Minister of Finance max directly or indi- rectlv collect and use personal informatiot~ m accel dance with this section for the purposes of administering and entbrcing this Act, and the Minister shall disciose such information if, and only if. tile disclosure is neces- sary for those purposes. Restriction on use (2) The Minister of Finance shall not combine per- sonal information provided by' a public sector organiza- tion uuder this Act with other information so as to ~den- tif\' an individual. Restriction on disclosure (3) The Minister of' Finance shall not disclose serial information provided by a public sector tion under this Act in such a ,.,,.'ax' that the in{ormauon can be used to identif.v an individual or to mier tl~e ~cien tiff of an individual. Same (4) The Minister of Finance shall not disclobe per- sonal inlbrnaation provided by a public sector organiza- tion under this Act for a purpose that is not directlx la/ed to the Minister's duties under this ..,,ct. Non-application (5) Subsections (2), (3) and {4) do not appiy t~) per- sonal in£ormation in respect of emplo> ment matters Effect of authorized disclosure of information 15. The disclosure of information made in accel dance with this Act, or in the reasonable belief that tile disclosure is required by this Act, shall not be deemed by any court or person to be in breach of or contrary to any agreement that purports to restrict or prohibit that disclosure regardless of whether the agreement is made betbre or after this Act comes into force. Detegatiou by Minister 16. (i! The Minister of Finance may delegate, in writing, to a person or entiD' his or her powers and du- ties with respect to the conduct of a review under sub- section 9 (3). cuipabi~it& d'une amende maximale de 2 000 $. Principes co~nptables et normes 13. ~i} Tout orgamsme public est tenu. lorsqu'il pre- pare scs; pre~tsions budgdtaires, de respecter les m6mes prmcipe's comptabies et les mames hermes quo lorsqu'il dresse scs 0tats ~nanciers pour l'application de la sente lei ldem t2) Les etats Ilnancters d'un organisme public sent firessds conibrmo, ment aux principes comptables gdndra- lenient rcconnus ou au× hermes prescritcs par r6gle- [Ilellt. Retlsei~nements personnels 14. ~ I ~ Lo minlstre des Finances peut, directement ou mdirectement, recueillir et utiliser des renseignements personnels conlbrmdment au prdsent ~ticle pour l'appiication de la prdsente lei. Toutefois, il ne doit les divuiguer que si cola est ndcessaire fi cette fin. Restrictiou: utilisation (2 Lc min~stre des Finances ne doit pas combiner les rense~gnen~cuL, personnels quo lui fournit un organisme public cn applicauon de la prdsente lei avec d'autres rense~gnements de tnani6re 3 identifier un particulier. Restriction: dj; uh/ation (3t Le ministre des Finances ne doit pas divulguer les renseignements personnels quo lui £ournit un organisme public en appiicatlon de ta prdsente lei de fa~on que les rense~gnements permettent d'identifier un particulier ou de d~gdtnre son identit6. Idem ~4/ he mimstre des Finances ne doit pas divulguer les rense~?ements personnels quo [ut fournit un organisme public cn application de la prdsente lei 'a une fin qui n'c~t ¢:xs dire~:ternent liege au× tYnctions quo lui attribue Non-application t5; Les paragraphes i2). (3) et (4)ne s'appliquent pas aux [cnsel2IlelnelltS personnels en matt&re d'emploi. Effet de la divulgation autoris~e de renseignements 15. :\ucun tribunal ni aucune personne ne doit consi- ddrer la divulgation de renseignements effectude con- form&mcnt 3 la pr&sente lei ou pour des motifs qui per- mettent ratsonnabtement de croire qu'elle est exigde par cetle-ci comme contrevenant ou &ant contraire ~ une entente visant ~. limiter ou /~ interdire cette divulgation, quo }'entente so~t conciue avant ou apres l'entrde en vigueur de iat prcscnte lei. Ddezation [)ar te ministre 16. t i; I_e rnmlstre des Finances pout ddldguer par ~crit .;~ uno personne ou a une entit~ les pouvoirs et les lbnctions quo ie paragraphe 9 <3) lui attribue /~ l'6gard d'un cxamert. 10 Bill 46 132 PUBLIC SECTOR ACCOUNTABILITY Sec./art. 16 (2) Application of Freedom of Information and Protection of Privacy Act (2) The Freedom of Information and Protection of Privacy Act applies with respect to all information, documents, records and things obtained from a public sector organization by a delegate of the Minister of Fi- nance, and they shall be deemed to be under the control of the Ministry of Finance for the purposes of that Act. Protection from liability 17. (1) No action or other proceeding shall be com- menced against an individual conducting all or part of a review under subsection 9 (3) on behalf of the Minister of Finance for any act that is in good faith done or omit- ted in the performance or intended performance of his or her duties. Liability of the Crown (2) Despite subsections 5 (2) and (4) of the Proceed- ings Against the Crown Act, subsection (I) does not re- lieve the Crown of a liability to which the Crown would otherxvise be subject in respect of a tort. Conflicts 18. Subsections 9 (5) and 11 (2) and (5) prevail over any other Act or regulation unless another Act specifi- cally refers to them and provides otherwise, and they prevail over any provision in an agreement that provides otherwise. Regulations 19. (1) The Minister may make regulations, (a) prescribing those things that are required or per- mitted by this Act to be prescribed or to be done by regulation; (b) exempting public sector organizations from any requirement of this Act or a regulation, subject to such conditions or restrictions as may be speci- fied. Same, public sector organizations (2) A regulation referred to in paragraph l0 of section 2 (public sector organizations) may provide, (a) that a person or entity is a public sector organiza- tion even though it does not directly or indirectly receive funding from the Cro~vn in right of On- tario; (b) that, despite subsection 4 (5) (impact of change in status), a person or entity shall be deemed to have been a public sector organization for all of a specified fiscal year in the circumstances speci- fied in the regulation. Scope of regulations (3) A regulation may be general or particular in its application. Classes (4) A regulation may create different classes and may impose different requirements, conditions or restrictions on or relating to each class. Application de la Loi sur l'accbs d l'information et la protection de la vie priv~e (2) La Loi sur l'acc~s d l'information et la protection de la vie priv~e s'applique ~ tous les renseignements, documents, registres et choses qu'un ddldgu6 du minis- tre des Finances obtient d'un organisme public et le mi- nist~re des Finances est r~put~ en avoir le contr6te pour t'application de cette loi. Immunit6 17. (1) Sont irrecevables les actions ou autres instan- ces introduites contre une personne qui proc~de /~ tout ou pattie d'un examen en application du paragraphe 9 (3) pour le compte du ministre des Finances pour un acre qu'elle a accmnpli ou omis d'accomplir, de bonne foi, dans l'exercice e£fectif ou cens6 tel de ses fonctions. Responsabilit6 de la Couronne (2) Mal~6 les paragraphes 5 (2) et (4) de la Loi sur les instances introduites contre la C~uronne, le paragra- phc (1) ne d6gage pas la Couronne de la responsabilit6 qu'elle serait autrement tenue d'assumer h l'6gard d'un d61it civil. Incompatibilit6 18. Les paragraphes 9 (5) et 1 1 (2) et (5) l'emportent sur toute autre loi et tout r~glement, ~ moins que l'autre loi n'y renvoie express6ment et ne renferme une disposi- tion ~ l'effet contraire, ainsi que sur les clauses de route entente h l'effet contraire. R~glements 19. (1) Le ministre peut, par rCglement: a) prescrire les choses que la pr6sente loi permet ou exige de prescrire ou de traiter par r~glement; b) dispenser les organismes publics des exigences de la pr6sente loi ou des r~glements, sous r6serve des conditions ou restrictions qui y sont pr~cis~es. Idem: organismes publics (2) Les r6glements vis6s ~ la disposition 10 de t'article 2 (organismes publics) peuvent pr6voir: a) qu'une personne ou une entit6 est un organisme public m~me si elle ne regoit pas de cr6dits, direc- tement ou indirectement, de la Couronne du chef de l'Ontario; b) que, malgr6 le paragraphe 4 (5) (incidence d'un changement de statut), une personne ou une entit6 est rfput6e avoir 6t6 un organisme public pour toute la dur6e d'un exercice dorm6 dans les cir- constances qu'ils pr6cisent. Port6e des r~glements (3) Les r~glements peuvent avoir une portfe g6n6rale ou particuli6re. Cat6gories (4) Les r~glements peuvent cr6er des cat6gories diff6- rentes et imposer ~ chacune d'elles des exigences, condi- tions ou restrictions diffbrentes. Sec,'~.20 RESPONSAB ILIS,~TiON DU SECTEUR PUBLIC Projet 46 1 i 20. This Act comes into force on tile day it receives Rova| Assent. Short title 21, The short title of this Act is the Public Sector A ccountabiliO' Act, 2001. Entree en ssgueur 20. La presente loi entre en vigueur le jour ou elle regoit la sanction royale. ]itre abreg& 21. Le titre abr~Sg0 de la pr0sente loi est Loi de 2001 sur la respon~ahilisudon du secteur public. RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY It is recommended that Report TRAN 01-01 of the General Manager. Ajax Pickering Transit Authority be received by Council; and That Council approve a By-law to authorize the execution of an Amending Agreement between the Corporation of the City of Picketing and the Corporation of the Town of Ajax to relocate Pickering conventional transit vehicles to the Ajax Transit facility; and That the Mayor and Clerk be authorized to execute the Amending Agreemem between the Corporation of the City of Pickering and the Corporation of the Town of Ajax as set out in "Attachment #2" attached hereto. REPORT TO COUNCIL 135 FROM: Ted Galinis DATE: General Manager. ,,\iax Picketing Transit Authoritx REPORT NUMBER: June 1. 2001 TI'LAN 01-01 SUBJECT: AMENDING AGREEMENT RELOCATION OF PICKERING TRANSIT CONVENTIONAL VEtllCLES TO AJAX RECOMMENDATION: That Council approve a B3-1aw' to authorize the execution of an Amending Agreement between the Corporation of the City of Picketing and the Corporation of thc Town of Ajax to relocate Pickering conventional transit vehicles to the Ajax Transit ihcility; and That the Mayor and Clerk be authorized to execute the Amending ,Agreement between the Corporation of the City of Pickering and the Corporation of the Town of Ajax as set out in "Attachment #2" attached hereto. ()RI GIN' Ajax Pickering Transit Amalga~nation Stud,',' Memorandum of Understanding AUTHORITY: The Municipal Ac'& R.S,(). 1990 FINANCIAL IMPLICATI ON S: ISSUE a) Office Space/ Bus Storaa~ b) Parts / External Repairs c) Bus Cleaning d) Labour e) Fuel Ajax EXISTING AGREEMENT (SPECIALIZED SERVICES AMENDING AGREEMENT :(CONVENTIONAL) ADDITIONAL COST IMPLICATIONS (CONVENTIONAL) $500.00 per month No Charge None Cost plus 5% Cost $15.00 per bus No Charge $55.00 per hour Cost plus 5% Cost $55,0( per hour $1,500.00 monthl3 fiat 8% Compound on None ,Ajax recovers parts ordering, invento~ control and maintenance planning costs in monthly fiat rate charge. None - Ajax recovers cleaning supplies and additional water costs in monthly fiat rate char2e. None - Ajax recovers Garage o~ erhead and miscellaneous supply inclusive in hourly rate charge. None - ,Ajax recovers fuel ordering and tracking costs in monthly fiat rate charge. 2001 Budget: Pickering Administration / Overhead Charge to ~ Pickering items (a) - (e) above (currently approximately $625 monthly) rate Unbudgeted (2350-2399) $9.000 minimum (6 months) $13,500 maximum (9 months) 2001 Budget: Ajax None - monthly fiat rate offsets Aj_ax costs. 13fi Report to Council TRAN 0L01 Date: June 1. 2001 Subject: AMENDING AGREEMENT - RELOCATION OF PICKERING TRANSIT CONVENTIONAL VEHICLES TO AJAX EXECUTIVE SUMMARY: The relocation to Ajax of one-half of the Picketing Transit Conventional Transit Fleet on Monday, April 2, 2001 marked the successful completion of Phase 2 of the Ajax Pickering Transit Authority merger. The relocation of eleven (11) Picketing buses and twenty-three (23) Pickering Operators to the Ajax facility has permitted Picketing to access boundary routes efficiently and at no additional operating cost. Picketing has transferred one (1) full-time Mechanic, one (1) full- time Serviceperson, one (1) half-time Cleaner and one (1) full-time supervisory staff person to Ajax to support the maintenance, cleaning and supervisory requirements of Picketing vehicles and employees at this location. The terms and conditions of this Amending Agreement will form the interim cost sharing arrangement between the parties and will remain in effect until December 31, 2002 or during the interim period until such time as the parties agree to the legal creation of the Ajax Picketing Transit Authority. At that time, a final Merger Agreement will be executed between the parties in which cost sharing and financial reporting requirements will be recommended for approval by Ajax and Pickering Councils. BACKGROUND: The Town of Ajax and the City of Pickering entered into an agreement, dated January 20, 1997, establishing the terms and conditions for the relocation of Specialized Services to the Ajax Transit lhcility. The Town of Ajax and the City of Picketing have also agreed to the Memorandum of Understanding that will facilitate the creation of the Ajax Picketing Transit Authority under the Municipal A ct. The Town of Ajax and the City of Pickering are now prepared to formalize terms and conditions for the relocation of Picketing Transit's Conventional Transit vehicles to the Ajax Transit facility and have recommended the Amending Agreement attached. The Amending Agreement has been reviewed by senior staff and solicitors from both municipalities. ATTACHMENTS: By- law to execute the Amending Agreement Conventional Amending Agreement Specialized Services Agreement dated January 20, 1997 Prepared By: Neil , ger Transit Services Approved / Endorsed By: 'T~d Gal~ General Manager Ajax P~kering Transit Authority Report to Council TRAN 00-01 Date: June 1, 2001 Subject: AMENDING AGREEMENT RELOCATION OF PICKERING TRANSIT CONVENTIONAL VEHICLES TO AJAX 137 Distribution: City of Pickering: Thomas J. Quinn, Chief Administrative ()Iticer E. Bunstma, Director, Operations and Emergency Services G. Paterson, Director. Corporate Services J. Reble, Solicitor for the City B. Taylor, City Clerk T. Melymuk, Division Head, Corporate Projects & Policy Recommended for the consideration of Pickering City Council ! ThomaS J. Quinn. ,Chief Administrative Ottlcer 138 ATTACHMENT # i._L_TO REPORT# THE CORPORATION OF TIlE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of an Amending Agreement between the Corporation of the City of Pickering and the Corporation of the Town of Ajax to relocate Pickering conventional transit vehicles to the Ajax facility. WHEREAS Ajax and Pickering have previously entered into an agreement, dated January 20, 1997 establishing the terms and conditions for the relocation of Specialized Services to the Ajax Transit facility; AND WHEREAS Ajax and Pickering have agreed to a Memorandum of Understanding that will facilitate the creation of the Ajax Pickering Transit Authority under the Municipal A ct; AND WHEREAS Ajax and Picketing wish to enter into an Amending Agreement to provide for the relocation of approximately one-half of the Pickering Transit Conventional Transit fleet to the Ajax Transit facility; AND WHEREAS Ajax and Pickering wish the Amending Agreement to remain in effect during the interim period until the execution of the final Transit Merger Agreement; NOW THEREFORE, the Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: That the Mayor and Clerk are hereby authorized to execute the Amending Agreement between the Corporation of the City of Pickering and the Corporation of the Town of Ajax as set in "Attachment #2" attached hereto. BY-LAW read a first, second and third time and finally passed this day of ,2001. Wayne Arthurs, Mayor Bruce Taylor, City Clerk THIS AMENDING AGREEMENT made this BETWEEN: day of ,2001. THE CORPORATION OF THE TOWN OF AJAX (hereinafter ca/led "Aj ax") OF THE FIRST PART, THE CORPORATION OF THE CI'IT OF P1CKERiNG (hereinafter called "Pickering") OF THE SECOND PART. WHEREAS Ajax and Pickering have previously entered into an agreement dated January 20, 1997 (the "Original Agreement") establishing terms and conditions for the relocation of Specialized Services to the Ajax Transit facility defined as the Facility in the Original Agreement; AND WHEREAS Ajax and Pickering wish to enter into this agreement (the "Amending Agreement") to provide for the relocation of approXanmtely one-half of the Pickering Transit Conventional Transit fleet (the "PCF") to the Facility; AND WHEREAS Ajax and Picketing have agreed to the Memorandum of Understanding that will facilitate the creation of the Ajax Picketing Transit Authority under the Municipal Act; AND WHEREAS Ajax and Pickering xvish to amend the terms and conditions of the Original Agreement dated January. 20, 1997 to include one-half of the PCF at the Facility; NOW THEREFORE in consideration of the premises, covenants and agreements contained herein the parties hereto agree as follows: 1.0 GENERAL 1.1 The del'tuitions in the Original Agreement shall apply to this Amending Agreement. 1.2 Except as amended by this Amending Agreement all other terms and provisions of the Original Agreement shall remain the same. 140 1.3 2 In this Amending Agreement and the Original Agreement "Pickering Transit Services" shall include the Pickering Transit Specialized Services and the Pickering Transit Conventional Service. 2.0 RELOCATION 2.1 Subject to the terms of this Amending Agreement and the Original Agreement Ajax grants to Pickering the right to relocate, maintain and operate the PCF from the Facility during the term of the Original Agreement. 2.2 The vehicles of the PCF to be relocated to the Facility are those vehicles set out in Schedule "A" attached hereto. Changes to the vehicles listed in Schedule "A" may be made without the need to amend Schedule "A" or this Amending Agreement. 3.0 EXTENDED TERM 3.1 Paragraph 1.1 of the Original Agreement is amended to extend the term to six years ending on December 31, 2002. 4.0 PICKERING OBLIGATION 4.1 Paragraph 2.1 of the Original Agreement is amended as follows: (a) by deleting the words "Pickering Specialized Transit Services" and substituting therefore "Pickering Transit Services". (b) by deleting subparagraph (c) and substituting therefore the following: "(c) (i) maintain Owned Automobile Insurance Coverage in an amount of not less than Five Million Dollars ($5,000,000.00) against liability for bodily injury and property damage caused by vehicles owned by Pickering and used in connection with the Transit Services of Pickering and all such insurance policies required of Pickering shall contain a provision requiring the insurer to notify Ajax not less than 30 days prior to any material change, cancellation or termination; (c) (ii) immediately upon execution of this Amending Agreement and annually within 30 days of the renewable date of the policy, deposit with Ajax either copies of the liability and vehicle insurance policies as required by this Amending Agreement or certificates of the said insurance policies." (c) By adding the following: 3 141 "(0 Pickering shall provide sen, ices and mechanical staff at the Facility to support the repair and servicing requirements of the PCF vehicles." 5.0 AJAX OBLIGATION 5.1 Paragraph 3.1 of the Original Agreement is amended as follows: (a) by deleting the words "Pickering Specialized Transit Services" in subparagraphs (c), (d), (e), (f) and (i) and substituting therefore the words "Pickering Transit Services"; (b) by adding subparagraph (k) as follows: "(k) Immediately upon execution of this Amending Agreement and annually within 30 days of the renewable date of the policy, deposit with Picketing copies of the Garage Auto Policy or certificates of the said insurance policies." 5.2 Paragraph 3.4 of the Original Agreement is hereby deleted and the following substituted therefore: It is agreed and understood that Ajax will oversee the work of Picketing service persons and mechanics while working at the Facility. Any matters pertaining to employment with Picketing or contractual obligations associated with membership in CUPE Local 129 be promptly referred to Pickering management staff for investigation and/or resolution. Ajax shall have no obligation for or supervisory control or authority over any Pickering employee and is in no way whatsoever an employer of any Pickering employee." 6.0 FEES AND COSTS 6.1 Section 4.0 is amended by deleting paragraph ,4.1 and substituting therefore the following: For the services provided by Ajax pursuant to this Agreement (hereinafter collectively called the "Purchased Services") Picketing shall pay Ajax as follows: 142 (a) (b) (i) Five Hundred Dollars ($500.00) per month on account of the office space and vehicle storage; Cost plus five per cent (5%) for all fuel, parts, lubricants and subcontracted vehicle repairs supplied by or on behalf of Ajax to Picketing Specialized Transit Services vehicles; (ii) Cost for all fuel, parts, lubricants and subcontracted vehicle repairs supplied by or on behalf of Ajax to PCF vehicles; (c) Fifteen Dollars ($15.00) per clean of each Pickering Specialized Transit Service vehicle, it being understood that the Pickering Specialized Transit Services vehicles will be cleaned as may be reasonably required. There shall be no charge for cleaning PCF vehicles; (d) (i) Fifty-five Dollars ($55.00) per hour tbr labour costs associated with the maintenance, repair and servicing (other than cleaning of the vehicle), of the Pickering Specialized Transit Serivce vehicles by Ajax; (ii) Fifty-five Dollars ($55.00) per hour for labour costs associated with the maintenance, repair and servicing (other than cleaning of the vehicle), of the PCF vehicles by Ajax; (e) (g) (h) An administration charge equal to eight per cent (8%) of the sums payable in subparagraphs (a), (b)(i), (c), (d)(i) of this paragraph 4.1; A fiat charge of One Thousand Five Hundred ($1,500.00) per month for Ajax costs with respect to the Purchased Services provided on PCF vehicles; Cost of Garage Automobile Insurance directly attributable to the Purchased Services in a form acceptable to Pickering; and Any Goods and Services Tax (GST) imposed under the Excise Tax Act (Canada) and Retail Sales Tax (PST) imposed under the Retail Sales Tax Act (Ontario) and any other sales taxes imposed on Ajax with respect to the Purchased Services. 7.0 CO-ORDINATED SERVICE 5 143 7.1 Paragraph 5.5 of the Original Agreement is amended by deleting the words "handi-trans". IN WITNESS WHEREOF the parties hereto have executed this Amending Agreement as of the day above written. THE CORPORATION OF THE TOWN OF AJAX Mayor Clerk THE CORPORATION OF THE CITY OF PICKERING Mayor Clerk 'fl IIS AGREEMENT made this 20th day of January, 1997. 144 BETWEEN: TIlE CORPORATION OF THE TOWN OF AJAX hereinatier called "Ajax" OF THE FIRST PART, TIlE CORPORATION OF THE TOWN OF PICKERING hereinafter called 'Tickering" OF TItE SECOND PART. WttEREAS Pickering wishes to relocate the Pickering Transit Specialized Services to the Ajax Transit Fac (hereinafter called the "Facility"); - AND WHEREAS Ajax has agreed to the said relocation; NOW THEREFORJ5 in consideration of tile premises, covenants and agreements contained herein, the hereto agree as follows: t.0 TERM t.1 1.2 Subject to'the tern'~s of this Agreement Ajax grants to Pickering the right to relocate, maintain an operate the Pickering Transit Specialized Services from the Facility for a term of Five (5) vear commencing January 1, 1997 and ending on December 31,2001. ' Either party may terminate this Agreement at any time upon one hundred and eighty (180) days wr' notice to the other party. - 2.0 PICKERING OBLIGATION Picketing shall be responsible tbr tile day to day operation of the Picketing Specialized Transit Service: and shall: (a) (b) (c) (e) indemnify and save harmless Ajax, from loss, damage, expense and all claims arising by reasor of or in connection with the operation of the Picketing Specialized Transit Services out of th~ Facility; supervise the Picketing employees and ensure that the Pickering employees abide by tht reasonable rules and regulations established by Ajax, from time to time, for the Facility, provided that such rules and regulations do not conflict with the collective agreement entered into between Picketing and C.U.P.E. Local 129, or with any Council approved operating policies of Picketing. Pickering shall advise Ajax if any of such rules and regulations are in conflict with the collective agreement relating to tile Picketing Specialized Transit Service employees and the Parties agree to resolve such contlicts; carry public liability and property damage insurance in an amount not less than Five Million Dollars ($5,000,000.00); pay tile fees and costs tbr thc services provided by Ajax in accordance with Article Four of this Agreement; only allow licensed and trained drivers to operate the vehicles used in providing the Pickering Specialized Transit Services. 3.() 3.1 ,~'\.1 :\X {Dt/L1GATION ,,\.jax shall' 145 (a) provide ofllce space i~l the t:a:tcilitv dispatcher; pro','ide i~door storage spz~ce ~l tile ,.'chicles; to tile satisfaction off Pickering for the purpose off 0. t:acilitv i',>r the I>icz!~cri~lg Specialized Transit Services 3.2 3.4 carry ,.)ut safety certitlcati(m schedtlled maintemmce ir~clt~dilag subcontracting vehicle repairs, rulaning repairs and clea~li[1,~ off I'ickering Specializcct Transit Services vehicles ill accordance with Schedule "A" attached }icrc\o' (d) allow o~ly licensed a~lct trait~ed pets\ms to carry ('~Llt t~lai~ltei~Lmce and repairs to the l'ickeri/~z Specialized Trax'~sit Services vehicles: ~ obtain the consent of [~ickcri~lg prior t() c~rr~'irm out ally major repairs to the Picketing Specialized Transit Services ,.'chicles or a~lv rep~ir< tt~t nlav require subcontracting by Ajax; provide all parts, lubrica~lts ~md fft~el ~/eccssary i'{,r mairltemmce, repair servicing, and operation off the Picketing Specialized 'I-raw,sit Services vchicieq' (g) provide general administratixc services For tl~e }'icl~erin~ dispatcher while in the t:acilitv incltiding ffacsimile machiHe, pht~ti~c(~piel-ZtlILt ~thcr sirl~ilar cqtiipment' (h) process the Pickermg Specialized '['ra~'~sit Services flare rex'e~t~e and repom weekly to t)ickering with respect to the ti~re re\time processed. 'I}~c l~re revenue repo~ will indicate all revet~ue received on a weekly basis.li)r all t)ickcrir~g vehicles a~d tl~c report will be attached as a schedule to all invoices submitted by ~X ax to l'ickcrir~g tt,r' payr~cx~t: (i) uptm the prior written appro,.ail off I'ickeril~g's Nlai~z,,,der ~I' 'I I'amsportatiom provide training, ['rom time to time, for Picketing Specialized 'i'ra~lsit :<;ervices cmplo',..'ees in the area of safety and customer service subject to mutt~a[ agreement {m the flee to t~e paid by Picketing to Ajax for such training; and (j) maintait~ the [:acilitv ii~ got~d ,.',o~kiilg (order. It is hereby agreed by the parties that t}le maintena~lce off the I)ickeri~ag Specialized Trar~sit Services vehicles shall be generally in accordance ,,vitI~ tile requirements set ot_~t in Schedule "A" attached hereto. At the date of this Agreement the Picketing Specialized 'l'ra~sit Services vehicles are those set out in Schedule "B" attached hereto. It is m~derstood a~:ld agreed that :\jax h~s i~o comrol or zxuth{>ritv (3vet all%' t~ickering employee and is in no way whatsoever an employer (~l':mv l~ickcri~g CIllplt)?ce. 4.0 4.1 AND COSTS the services provided by Ajax pt~rst~a~qt to this .-\~ree~i~erat (tlcrei~lafter collectively called the Pt~rchased · erv~ces ) Pickering shall pay ,'\iai\ ~s (:~) (c) [:ire [tundred Dollars ($5/)0.I))t per moilth t)r~ a~CCOtHlt t~l'the ol'tice space and vehicle storage: Cost plus live per cent (5~,;) lk}r alii i't.~el, parts, lttbricams auld subcomracted vehicle repairs st~pplied by or on behalCoI'.,tjax to t~ickering Specialized Tra~sit Sen'ices vehicles: Fifteen Dollars ($15.00) per cleero oCeach t:'ickering Specialized Transit Service vehicle, it being understood that the [)ickeri~g Specialized Tra~sit Services vehicles will be cleaned as may be reasonably required; 146 (d) Forty-five Dollars ($45.00) per hour for labour costs associated with the maintenance, repair a servicing (other than cleaning of the vehicle), of tile Pickering Specialized Transit vehicles Ajax; (e) an administration charge equal to eight per cent (8%) of the sums payable in subparagraphs (a) (d) of this paragraph 4.1; and any Goods and Services Tax (GST) imposed under the Excise Tax Act (Canada) and any Retl Sales Tax (PST) imposed under the Retail Sales Tax Act (Ontario) and any other sales tax imposed on Ajax with respect to tile Purchased Services. 4.2 4.3 4.4 Each month Ajax shall deliver an invoice to Pickering for the Purchased Services supplied by Ajax tile previous month. The report shall include an itemized breakdown of the services performed, and tl costs of supplies provided including all GST, PST and adnfinistrative charges. Ajax agrees to deliver Pickering, upon request, such other records as may reasonably be required by Pickering in connectk with any such invoice. Ajax shall credit any fare revenue collected for the Picketing Specialized Tran Services by Ajax against the costs of the Purchased Services. Pickering shall pay any amounts owing to Ajax within twenty (20) days of its receipt by Pickering of[ invoice. Invoices shall be submitted monthly to Pickering's Manager of Transportation. The fee and costs lbr tile Purchase Services may be adjusted annually by Ajax provided Ajax giv~ notice to Picketing on or befbre October 31 of the preceding year of tile annual adjustments for Following year and provided Picketing agrees to such adjustments in writing prior to December 1 of preceding year. In the event that the parties are not in agreement as to tile adjustment, tile fee continue for six (6) months thereafter at the existing rate and this Agreement shall be then terminated of June 30 of such year. 5.0 5.1 CO-ORDINATED SERVICE Ajax and Pickering agree to cooperate in the co-ordination of service provided to handi-transit user Such co-ordination may include tile delivery of service by either party: (a) within the Town of Ajax or Town of Pickering (tile "Local Service"); (b) cross boundary between the Town of Ajax and the Town of Pickering (the "Cross Boun& Service"); or (c) within the Region of Durham or the City of Scarborough (the "Regional Service"). 5.2 The parties agree to maintain a record of the delivery of service, referred to in paragraph 5.1 and, to extent possible, equalize the type of service referred to in subparagraphs (a), (b) and (c) on a trip by tri basis. 5.3 5.4 The parties acknowledge that Ajax is in the process of establishing a computerized trip reservatim program referred to as the "Trapeze Q.V.". Following the introduction of the said program for use b Ajax. Ajax and Picketing agree to co-ordinate their handi-transit trip reservation, scheduling and dispatching in accordance with the said program subject to the mutual agreement.of the parties on the fee to be paid by Ajax and Picketing for such co-ordination. Any fee payable shall be payable in accordance with Article Four of this Agreement. The parties agree to allow each other to use the other party's handi-transit vehicles from time to tim¢ provided that such use is equalized, to the extent possible, on a per vehicle kilometer basis. Ajax ant Pickering agree that only licensed and trained drivers shall be permitted to operate handi-transit Vehicles. It is understood and agreed that the use of a party's handi-transit vehicle by the other party shall be solely for the purposes of the Specialized Services to be provided by the other party. 5.5 147 Ajax agrees to indemniFv and save liarmless, Pickcririg, ii-om any loss, damage, expense and all claims arising by reasorl of or in connection with the operation ot'a Picketing handi-transit vehicle by an Ajax enlployee. Pickering agrees to indcmniE)' and save harmless, Ajax, l¥om any loss, damage, expense and alt claims arising by' reason of or in connection with the operation oE an Ajax handi-transit vehicle bv a Pickering employee. 6.0 6.3 6.4 6.5 DISPUTI~ R[iSOLUTION 'lhe parties x'~ill endeavor to rcst~lve any diiTerence betxveen tHenl on any matter in this Aureement by negotiation between themselves arid, unless there is ail en-crlzcncv Heather part,,' ,,','ill initiate any other procedure until negotiations have exhausted all reasonable possibilities oF resolution. Whether tile negotiations are conducted betx,.een themselves the parties may obtain tile assistance o£ a mediator they select, tile cost of such mediator shall be shared equally between them. IF uegotiations are conducted with tile assistance of a mediator and no agreement is reached, the mediator will disclose only this fact and make no report unless otherxvise directed by both parties. The parties agree that lie evidence of anxtHing said of of al~v admission or communication made in tile course of the negotiations or m~diation xxill bo :Rtmis:~ib}o ir~ a~v legal proceedimz except with the consent of both parties. ~' tn tile event any difference cannot be resolved (save and ex.copt For Article 4.4 off this Agreement), such difference shall be referred to arbitration pursuai~t t,} the .-\rbitration Act (Ontario). 7.0 7.1 7.2 7.3 (;I2NI2IR. z\i. PI~OVI$IONS This Agreement shall be binding upton ii~ld e~ure to thc b{_~nclgt t)l' the parties hereto, their respective successors and permitted assigns. This Agreement shall not be assigned by either DarT t~c~cto without the express written approval of the other part),. This Agreement shall be governed and construed ~;~ accorda~'~ce with tile laws off tile Province of Ontario. /\11 ~otices, claims and communicati()ns required or pcrlnitted to be given hereunder shall be in writing and shall be suftlciently given if delivered 1o a resi3oi~sll~le ~t'tgcc (~I' the pa~l)' hereto to whom it is addressed or mailed by prepaid, registered mail to t'ickeriug at' The Corporation oFtHe I'(~x~n t~l'l)ickcr'ing One the IZspl'madc Pickering, Ontario L1V 6K7 and u) Ajax at: Attention: The NIanagerofTrar~sp(~rta~ion The Corporatior~ ()t' the Town 65 Harwood ,,\vei~ue, South Ajax, Ontario LIS 2119 Attention: The Clerk and, il' mailed, shall be deemed to ;~ave bean received t,.vo(2) davs following tile date of such mailing. 4 7.5 7.6 7.7 148 Any failure by either party at any time or from time to time, to entbrce or require the strict keeping performance of any of the terms and conditions of this Agreement shall not constitute a waiver of such terms and conditions and shall not affect or impair in any way such terms or conditions or the ri of such party to avail itself at any time of such remedies as it may have for any breach or breaches such terms and conditions. The paragraph headings herein have been inserted fi)r convenience of reference only and do not part of this Agreement and shall not be referred to in the interpretation thereof. The parties acM~owledge that this Agreement shall not be construed to constitute a partnership, joi venture or agency between them and neither shall have the right to incur obligations on behalf of ti other. 7.8 Ail terms and conditions in this Agreement are separate and distinct and are severable from one anoth and the invalidity of any term or condition shall be deemed not to affect the validity of the remaimr terms and conditions. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day above written. TIlE COIIPO! Tl(i~ ()~~/~. liE Clerk ~ TOWN OF AJAX TIlE CORPOILATION ()F TI IE TOWN OF PICKEPdNG SCIIEDULE "A" MAINTENANCE OF SPECIAI~IZEI) TRANSIT SERVICES VEilICLES The lbllowing items shall be part of' the regular maintenance prog~ am Wash vehicle exterior daily ir'required. Sweep and clean vehicle ~I:tcIlor daily. 3. \Vash vehicle interior wceklx. 4. Interior thoroughly hand cleaned and sanitized 5. Inspect interior tbr damage dail,,. 6. Replace damaged scat liners imgnodiatclv. 7. Replace any burned out lights immediately. Inspect vehicle at start ot'cach shift and rep{)rt and repair damage ol'deficiencv noted immediately (subject to article 3.1 el ~l'the Agrecmcntl. TIRES Ajax shall regularly check tires of all vehicles Regrooving and retreading of tires shall be undertaken in accordance with manufacturer's specifications. No vehicle sl<dI be operated with tires worn to the extent that less than three thirty:-seconds of tread remains. Tires which have reached the end of tl~cir lit'c. 'a~ l~adicatcd t0',' thc standards established in the tire manufacturer's agenda, shall be replaced immcdiatclx bx ..\jar× x,,it}~ ~c,.,, t~cs Such new tires shall be equal in quality and design to the original tires. iIf) I)Y PANELS Ajax shall inspect all body panels of alt vehicles ,'cgularly'. All structural panels which are damaged will be replaced by ,\.ia× (subiect t(> article 3.1(e) of the Agreement). All nonstructural panels having superficial scratches may, with prior approval of Pickering's Manager of Transportation, be filled and repainted rattier than replacing the c~)mplete panel. All major dints or perforations iii painted panels either t'r(>in accidents or corrosiori will be replaced by Ajax (subject to article 3. l(e) of the Agreement ). 150 SCHEI) ULE "B" PICKERING SPECIALIZEI) TRANSIT SERVICES VEHICLES VEt-]. VEt]. VEIl. VEIl. VEH. f f-ll (ELF) H-12 (ELF) H-10 THOMAS BUILT ti~14 FOFU) 11-07 FORD gemrans/b2102/misc/a.iaxagm! 151 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY It is recommended that a resolution be passed authorizing thc Solicitor for the City to commence the process of stopping-up and closing for the purpose of sale, that portion of the Road Allowance between Lots 20 and 21. Concession 1. Pickering, designated as Part 3. Plan 40R-7103. 152 PICKERING REPORT TO COUNCIL FROM: John Reble Solicitor for the City DATE: May 18, 2001 REPORT NUMBER: L13-01 SUBJECT: Road Closing and Sale of City Lands - Part of the Road Allowance between Lots 20 & 21, Concession 1, Pickering designated as Part 3, Plan 40R-7103 (Valley Farm Road) - File: RE0107 RECOMMENDATION: A Resolution should be passed authorizing the Solicitor for the City to commence the process of stopping-up and closing for the purpose of sale, that portion of the Road Allowance between Lots 20 and 21, Concession 1. Pickering, designated as Part 3, Plan 40R-7103. ORIGIN: Written request from Polak, McKay & Hawkshaw. AUTHORITY: MunicipalAct, R.S.O. 1990, c.M.45, s.297. FINANCIAL IMPLICATIONS: Appraised Value Advertising/Legal Fees (Cougs Cost) Unknown $2,0OO.OO EXECUTIVE SUMMARY: A request has been received from Polak, McKay & Hawkshaw, Solicitors for Cougs (Valleyfarm) Ltd. for the conveyance by the City of that part of the Road Allowance between Lots 20 and 21, Concession 3, Pickering, designated as Part 3 on Plan 40R-7103. In order to effect the conveyance, this portion of road must first be stopped-up and closed. Consideration has been given by various departments and staff is in support of the stopping-up and closing of this portion of road and the eventual conveyance of it. BACKGROUND: Cougs (Valleyfarm) Ltd. has recently purchased the lands at the comer of Valley Farm Road and Hwy #2 (formerly owned by Graywood) which lands are to be developed pursuant to Draft Plan of Subdivision 18T-97029. It was determined through a title search during the acquisition of those lands by Cougs, that a portion of the land lying within the boundaries of the draft plan (part of the Valley Farm Road Allowance) is in the ownership of the City. Report to Council L13-01 Subject: Road Closing and Sale of City Lands Date: May 18.2001 Page 2 Ron Hawkshaw, Solicitor tbr ('ougs (Valleyfarm) Ltd. has requested that the Citx obtain Council's approval to initiate the process of stopping-up and closing this portion of road allowance for the purpose of its ex entual conveyance to Cou~zs. As the subject lands are presently dedicated as public highx~ay, the process to stop-up and close the road must be initiated prior to the conxevance being effected, which process is governed bx the Municipal Act and not the Sale of Surplus Land Policx. As this portion of road provides no purpose or value to the City. thc Directors oi' Planning ,Y,: Development and Operations 8: Emergency Services concur with thc stopping-up and closing of it and thc eventual conveyance to Cougs for incorporation into Draft Plan of Subdivision 18]'-97029. Staff will report back to Council to have the lands declared surplus upon completion of the road closing process. Council should pass a Resolution authorizing the Solicitor for the City to commence the process to slop-up and close, tbr the purpose of sale. that part of thc Road Allowance between Lots 20 & 21. Concession 1. Pickering. designated as Part 3 on Plan 40R-7103. A]I ACHN1EN I S: 1. l~ocation map/Site Sketch. Prepared Denise B('e Approxcd.~nd ' By: · o n-- ' DB:Ijm Attachments Copy: Chief Administratix e ()fl~cer City Clerk Director, Planning & Development Director, Operations & Emergency Services Recommended for the consideration of Picketing City Coupci.,~l Officer ~ ATTACHMENT 154 ANTON SQU^RE FAYLEE EVERTON STREET ROSERELD ROAD AVENUE LANE BOULEVARD FINCH Q~ O Q O AVE BRANDS COURT ROAD 0 GLENANNA ,NBAKER COURT PICKERh ALLIANCE 0 0 City of Pickering BAYL¥ STREET BAYLY STREET Planning & Development Department ? IDKrE MAY 2§, 2001 153 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Clerk's Report CL .~-01 retarding the regulation of smoking in public places and workplaces be received: and That pursuant to Section 213t14) of the Municipal Act. the Council of the Regional Municipality of Durham be requested to undertake the enactment of a by-law to regulate smoking in pubtic places and workplaces sa(iect to the approval of the area municipalities. 156 REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: June 18, 2001 REPORT NUMBER: CL 25-01 SUBJECT: Regulation of Smoking in Public Places and Workplaces RECOMMENDATION: That Clerk's Report CL 25-01 regarding the regulation of smoking in public places and workplaces be received; and That pursuant to Section 213(14) of the Municipal Act, the Council of the Regional Municipality of Durham be requested to undertake the enactment of a by-law to regulate smoking in public places and workplaces subject to the approval of the area municipalities. Request made by Council under Other Business on June 4, 2001 to determine if the Region of Durham can pass by-laws to regulate smoking. AUTHORITY: Section 213 of the Municipal Act FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: The purpose of this Report is to advise Council on the legislative authority in the Municipal Act that allows b ~th local and regional municipalities to pass by-laws to regulate smoking and to seek direction on how Council wishes to proceed with the regulation of smoking. BACKGROUND: Attached to this Report is a letter co-signed by the Chair of the Regional Health and Social Services and the Medical Officer of Health requesting Council to address the issue of smoking in public places and the workplace. 157 The Cities of Toronto, Mississauga, Brampton and the Regional Municipality of York passed by- laws to strictly restrict smoking in public places, such as restaurants, food courts and bowling alleys and workplaces effective June 1. 2001 and to strictly regulate smoking in bars, bingo halls and billiard halls effective June 1, 2004. The authority for local municipalities to pass by-laws to regulate smoking comes from Section 213(2) of the Municipal Act which states: The Council of a local municipality may pass a by-law regulating the smoking of tobacco in public places and workplaces within the municipality and designating public places or workplaces or classes or parts of such places as places in which smoking tobacco or holding lighted tobacco is prohibited. However, the Act also allows the Region to pass bv-laws to regulate smoking uniformly across the Region if a majority of the area municipalities approve of the Region exercising such power. Section 231(14) of the Municipal Act states: A county, district, regional or metropolitan municipality....may exercise the powers under this section if a majority of the councils of the area or local municipalities within those municipalities approve the exercise of such powers. It is important to note that although a majority of area Councils must approve of the Region passing a uniform smoking by-law, the Region is under no obligation to do so. Again, 1 would point out that a uniform smoking by-law was passed in the Regional Municipality of York but in Peel, the smoking by-laws were passed bv the area municipalities With respect to enforcement, the Regional Municipality of York and the Cities of Mississauga and Brampton have designated the Municipal Law Enforcement Officers and the Public Health Inspectors as being responsible for enforcement. Attached to this Report is a chart which compares smoking regulations in Pickering and other GTA municipalities. As can be seen from this chart, the City of Toronto. the Region of York and the municipalities in the Region of Peel have bv-laws that provide tbr uniform regulations for smoking in restaurants, bars and workplaces that provides a level playing field for competition while at the same time protecting the health of the residents Municipalities in the Region of Durham have very different regulations which could lead to unfair competition. As noted in the letter from the Chair of the Regional Health & Social Services Committee, there is no question that smoking is a serious health hazard and exposure to second-hand smoke should be eliminated where possible. I would strongly recommend that Picketing Council urge the Council of the Regional Municipality of Durham to undertake the passage of a uniform smoking by-law that would apply throughout the Region on the understanding that the majority of the area municipalities in Durham must approve of the Region passing such a by-law. If the Region is not willing to pass such a bv-law or if a majority of Durham municipalities do not approve of the Region passing such a by-law, then Pickenng Council should rake initiative and enact a by-law that would regulate smoking in a ver~' similar manner as is being done in the other GTA municipalities. I have attached for Council's information a copy of the smoking by-law passed by the Regional Municipality of York. The by-laws passed by the Cities of Toronto, Mississauga and Brampton are almost identical with respect to the operative clauses of the bv-law 158 --3-- ATTACHMENTS: Letter dated May 31, 2001 from Chair of Regional Health & Social Services Committee Comparison of Smoking Regulations in various GTA municipalities By-law of Regional Municipality of York to regulate smoking Prepared.TBy: ~vlor ./ Attachments Recommended for the consideration of Pickering City Council ~ j~ , :'___~. . ,, ~~_ ...... ' ~-~.-'c!° ~ - ] Tl:rbn~s J. Quinn~luet Adnums~ May 31,2001 The Regional Municipality of Durham HEALTH DEPARTMENT Head Office 1615 Dundas Street East Suite 210 Whitby, Ontario Canada LiN 2L1 (905) 723-8521 Fax: (905) 723-6026 Tor: (905) 686-2740 1-800-84t -2729 Mr. B. Taylor Clerk The Corporation of the City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Dear Mr. Taylor: Scientific research conducted over the last decade has clearly determined the health effects of involuntary exposure to second-hand tobacco smoke For example, on May 16, 2001 the Ontario Tobacco Research Unit released Protection from Second-hand Tobacco Smoke in Ontario, a review of the health effects and the evidence regarding best practices (Attachment 1). It concludes that ali exposure to second-hand smoke is harmful and should be eliminated. It also states that ventilation provides no adequate protection from exposure to second-hand smoke. This message was brought closer to home on May 10. 2001 when Katherine Hastings, a grade 6 student at St. Bernard Catholic School in Whitby, presented a petition promoting smoke-free restaurants throughout Durham Region to Regional Councils Health & Social Services Committee. A copy of this petition is provided for' the consideration of your municipal Council (Attachment 2). Katherine would be pleased to attend the Council meeting at which the petition is considered to answer any questions that any Councillors may have. Katherine's actions to eliminate second-hand smoke in restaurants are indicative of a trend that is happening in mun~cipalities throughout Ontario and across Canada. Municipalities that have enacted by-taws in 2000 that ban smoking irt bars and restaurants include Guelph, Hamilton, Peteborough, Vaughan. Waterloo Region, and Windsor Brampton, Brantford, Caleddn, London, Mississauga. North Easthope, Ottawa. Sudbury. Toronto and York Region have by- laws banning smoking in bars and restaurants coming into effect this year or later. As an illustration of a current Ontario smoke-free by-law. Toronto s is attached (Attachment 3). For comparison, our most recent review of the status of smoking by-laws in Durham Region is also attached (Attachment 4). On behalf of the Health & Social Services Committee, on this World No-Tobacco Day; the theme of which is "Second-hand Smoke Kills - Let's Clear the Air", we urge your Council to heed Katherine's call to ban smoking in restaurants by reviewing and updating your smoking by-law accordingly. Children are particularly vulnerable to the adverse effects of second-hand smoke. We're sure that your Councit will agree that we owe it to Katherine and all our children to do our part to protect their health We hope your COuncil and municipality will join us in effectively addressing this most senous and pressing health issue and we look forward to providing you with any additional advice or assistance that you may require. Yours sincerely7 Regional Cduncillor Larry O'Connor Chair, ~oalth & Social Services Committee D e Comrr~ssioner & Medical Officer of Health 160 161 MUNICIPAl BILL NO. 106 1%'-1. \\x;' NO. A-0285 A By law to Regulate the Smoking c)f Tobaccr) m Public Places and \Vorkplaces within The Re~onal Municipality of York \VIIEREAS continued exposure to environmenr:d tobacco smoke in public places and workplaces is an unacceptable }~dth ~isk7 AND \V}tEREAS it is desind01e t(; prom(m: the he;dth 2md well being (;f the inhabit:mrs and workers xvidm~ The Rt~,cic)~t~d Mumc~p:dit¥ of Yr~rk: AND \VHEREAS subsection 213(14) ~)t d~c .ll/,t:/;~,:..i~n R.S.O. 199(}, c. M.45, as amended, aufl:orizes fl~e council ()f :i rcg~on:d n~umc~pality re) pass a by-law reDdating d~e smoking of tobacco in public places and workplacts wit}iii1 01t' mumcip~, and desiN~am~g public places or workplaces or classes or [)arts of such pinces as places in winch s~noking tobacco or holding lighted r(~baccc)~s prohibited p r(~vided t}~at thc majoriU' of the councils of d~e area muncip~iues within thc r%nonal mumcipMity approve the exercise of such powers; AND WHERE. AS a n~t}onty ~,f the councils c)f [he area n~utuc~palities in The Regional Mm~icipali~, of York have requestc'd by resolu[ion d~at Reg%nal Council exercise its powers under subsecfon 213(14) of the. l£,,.z)p, zA4~-/. NOkV, THEREFORE, THE COUNCIL ¢)F 'I'HF~ RF. GI()NA]. MUNICIPAIJTY OF YORK HEREBY ENACTS as follows: 162 Page 2 of 11 Pages of By-law No. A-0285-2000-105 PART I DEFINITIONS 1. In this by-law, "Class "A" Public Place" means a building or structure or part thereof that is used for the sate and service of food or drink or both food and drink to the public for consumption on the premises, which includes but is not limited to a dinner theatre, a restaurant, a banquet h~, a food court and an indoor patio, but does not include a Class "E" Public Place; "Class "B" Public Place" means a building or structure or part thereof that is used for boxvling, skatmgo curling or other similar use; "Class "C" Public Place" means a building or structure or part thereof that is used for playing billiards and where the pnncipal business is the provision of billiard tables for direct or indirect hire or gain; "Class "D" Public Place" means a building or structure or part thereof that is used for or in conjunction with the playing of games of chance as defined by the Gav/ziv ~/~ /~%°z°, S.O. 1992, c. 24, as amended, which includes but is not limited to a bingo hall, a casino and a race track; "Class "E" Public Phce" means a building or structure or part thereof that is used for the sale and service of food or drink or both food and dm~k to the public for consumpdon on the premises and which has been licenced to serve alcohol under the LdT/~vrJJre, re ~tr/ subject to a condition that no patron under the age of nineteen (19) years of age may be admitted to the premises. A Class "E" Public Place includes but is P__La~ 3 of 11 Pa~v-law No. A-0285-2000-105 not Iin~ited to a bar, a tavern. ~m entertainment lounFe or a night club with d~e required liquor licence condition: "Connnon Area" mcm~s that part or,my building c)r structure, including but not linnted to a commercial or retml establishment, residenti~ condominium or muhsple dwelling unit apartment building, to winch the public ma~' have access, whether as-oLnght or by express or implied mvitatSon. :\ "Common .\rea" includes but is not limited to reception areas, receiving ;treas. waiting rooms, devators, escalators, hallways, srmrwelis. foyers, lobbies, laundU- rooms, w:k~brooms and amc~nw areas7 "Designated Smoking Room- or "DSR" means a room within a budding or structure or pa~ fllereof in winch 3mo~g is pertained ~md that, (a) is completely }'iraclosed on all sides and nor required by any person for a d~orough fare': is equipped with a sep:mite vennkm()n system that mmnmins a minimum ventflauon rote of thi~- <3(.~ litres per second per person, based ~,n mtLximum occ~p:mcy k)ad. th'at is ventilated &recfly to fl~e outside air and exhausted at a rote of at least one hundred md ten percent ~'1 l~r' o) of supply. Such e~must ~nust be no less fl~an ~ree (3) metres fr()m :my air intake (~r bml~g opening, m~d (c) does not ~ccupy more than ~venw-five percent ~q'"" occx~p2ble public space wiflm~ fl~e building or stint.re or pa~ thereoE "Efnployee" mmns a pers¢~n who perfom~s :my work fc~r ~)r supplies any service to an Employer xvith or without remuneration, and includes but ~s n¢)r linuted to a volunteer and a person who is self employed: "Employer" memos any person who, as the ()whet, propnetor, nzmager, contractor, superintendent or overseer t~f any acnviw, business, work, trade, occupation, or Page 4 of 11 Pages of By-law No. A-0285-2000-105 profession, has control over or direction of, or is directly or indirectly responsible for, the employment or services of an Employee, whether paid or unpaid; "Enclosed" means closed in by a roof or ceiling vinci walls with an appropriate opening or openings for ingress or egress, provided that such openings are kept closed when not in use for such ingress or egress; "Food Court" or "Indoor Patio" means an area located within a Public Place that is used in conjunction with a restaurant or take-out eating establishment, tvhere unenclosed searing accommodation is provided or where meals or refreshments are consumed by the public; "Medical Officer of Health" means the Medical Officer of Health for The Regional Municipality of York, duly appointed under the/J~ll~/)m/eva/or.,,v//a/?w.v/a//a.,~4r4 R.S.O. 1990, c. H.7, as amended, and includes any person acting under his or her authority; "Private Club" means a not for profit corporate establishment that operates solely for the benefit and pleasure of its members, that directs its publicity and advertisements to its members and has passed by-laws regulating the admission of persons and the conditons of membership, the fees and dues of members, the issue of metnbership cards, the suspension and termination of memberships, the qualification of and the remuneration of directors, the dine for and the manner of electing directors and the time, place and notice to be given for the holding of meetings of the members and of the board of directors; ''Proprietor" means any person who owns, occupies or controls, governs or directs in any way the activity carried on within a Public Place, and includes but is not limited to the person actually in charge ora premises; 165 Page 5 o£ 11 Pages of By-law No. A-0285-2000-105 "Public Place" means the xvi~ole o~ part of a~ ~ndoor arez whether covered by a pennm~ent roof or ~<)t. to w}~ct~ t}~c public }nas access as of rlg}~t or by ~nvinition, expressed or implied, wlncl~ i~cludes but is not lin*uteri to tnu~s~t shelters, public transit vehicles, public wx.*hroorns, ¢~)~7~mon Areas mid (~Iass ~':\" to C]~css "E" Public Places; "Public Transit \'et~ick:' r~cirls any vehicle used for transporthig the public and includes but ~s not limited c~) ~ school bus m~d a passenger vetncle used £or hire; other hghted sr~lo~lg ecit~pment, t0ut does l~ot mck~de the c~r~'lng of any lighted cigarette, p~pe or ()r}~er ligl~ted Smo~ng e~ttiipme~t xvJl~c}~ is bei~g used l~l a produc~on or a theatric~d pcrt'~n'mance: ~id '~Workplac~," me:ms ;l btlildi:~< <)r structure or part thereof in which om: or more Employees w~rk. inclt~ding l.~nployees' eatSng and lounge areas and washrooms ~a~d includes a Ih~blic Transit Vehicle and ~ulv ~tt~er vehicle in which an [2nlployee works and xvhich is provided by :m t~5~qployer. PART I1 2.(1) Where a \Vorkplace is also, ii lklblic PLicc'~ r}~c pr¢)v~s~ons o~ this By law respecting Public Places shall prevail. (2) Where a Workplace is 'als() a Pnvate Club, the prov~s~ons of this By-law do not apply, except that whenever non-members <~f a Private Club are achnitted to the enclosed areas thereof, the provisions of this By-law respecting l~t0lic Places shall apply to any of the common Page 6 of 11 Pages of By-law No. A-0285-2000-105 areas and rooms to which the non-members have access. Temporary members of a Pnvate Club shall be considered non-members thereof for the purposes of this B?law. 3. No person shall Smoke in a Workplace. 4. Section 3 and subsection 5(a) of this By-law do not apply to those areas of a Workplace where Smoking is other,vise pern'ntted by fl~e provisions of this By-law respecting Public Places. 5. EveO- Employer shall, (a) prohibit Smoking in the Workplace; conspicuously post any no Smoking signs required by this By-law; and (c) prohibit ashtrays and like paraphernalia in the Workplace. PART IIl PUBLIC PLACES 6.(1) No person shall Smoke in a Public Place. (2) The prohibition set out in subsection 6(1) does not apply to, (a) a Designated Smoking Room in a Public Place; or 167 ~ ? of 11 ~ of Bvdaw No. A-0285-2000-105 a Smoking arena est-at)hshed :md desibmated pursu2mt to subsections 6(3), 6(4), 6(5), 6(6) or 6,,~/)()f this t3v-law. (3) Despite subsection 6(1), ~ Pr(~prietor of a Class ":\" Put,ilo Place may establish 2md designate 2m unenclosed smoking arc,t n() greater m s~ze th:m twenw five percent (25°,0) of the occupiable pubhc space in the prennses. The unenclosed 5m()~lg arcxi must be contiguous and clearly identifiable. (4) Despite subsection 6(1), :~ Proprietor ()f a Cl:~ss "B" Public Place may establish and desi~ate m~ m~enclosed Sm(~king arc;~ n() ~k~earer in s~zc fl~:m ~vcnw-five per cent (25°0) of thc ocmpiable public space ill t}]C premises Die unenct()sed 5mo~ng area must be conngmous ~d clearly idenfifiablc. (5) Despite subsection 6(1), a Prr~pr~etor t~f a Clnss "(7 Public Place may establish m~d desi~mte m~ unenclosed Smoking area no ~eater in size than ~venw-five per cent (25%) of fl~e occupi:fl)ie public space of the premises. ~lt~e unenclosed Smoking area must be conn~ous and clearly identifiable. (6) I)espite sul)section 6(1), :~ Pr()pnct()r ~¥ 7~ (:lnss; "D" Public Place nzxv est:ablis}~ designate m~ unenclosed smoking :lrt',t i1(~ gre:ttt-r in ~;lze d~_an cvcnw-t~vc: per cent (2550) of occupiable pubhc space m file premises. Thc unencl(~sed Smoking area must be contiguous and clearly identifiable. (7) Despite subsecnon 6(1), a Pr(~prietor of a (~lass "t¥' Public Place may establish 7md desi~mte ,qn unenclosed smoking area no greater m s~zc fl~:m twenw-five per cent (Z5%) of ocoapiable public space in the prennses The unenclosed Smoking area must be contiguous and clearly identifiable. (8) This By-law does not apply t~). 168 page 8 of 11 Pages of By-law No. A-0285-2000-105 (a') a hospital as defined in the P~33'~ (b) a private hospital as defined in the P/z'w/v ½3~o/?a/a~'Ir/, (c) a psychiatric faciliw under the ,l~v#/~//~ad/3~4rlor/hrov/~zl/ta~/?aZr~/~4 (d) a nursing home as defined in the J~;v/~z~af/a///v~/~4 (e) a home for special care as defined in the/-/ame&/br~vr/~/(Ta~r (0 an approved charitable home as defined in the 6Z~m,/m>.0 I/a~ay~/zb/a~l;/, and (g) a home for special care as defined in the [Ia/a/al/b; 7. Ever3, Proprietor shall, prohibit Smoking and enforce Smoking restrictions xvithm the Public Place which is under the control, supervision or oxvnership of that Proprietor, except where Smoking is permitted by this By-law; Co) conspicuously post all no Smoking and health warning signs required by this By-law; ¢) prohibit ashtrays and like paraphernalia in areas where Smoking is prolfibited; and (d) ensure that an unenclosed Smoking area is contiguous and clearly identifiable. Page 9 ()f 11 Pages of By-law No. A-0285-2000-105 I~ART IX.' Sit ;N_\G}L 8. Health warning s~ff~s sh:dl b~~ c~)nspicx~ously p()sr~:d at the entrance ora premises where unenclosed Smoking is permitted and :~r the entr:mce ~ f a 1)esignnted Smoking Room. V,q~ere a healfl~ warning si~ is required r(~ be pr)stcd by this bx-i:tw the si~x shM], (b) display the graphic svnlb()l }~aving the measurements, propor6ons mid characteristics as illustrated in .<chcdulc ~ :'x" to fins Bvdaw; 2md be posted m I'2nglish and ~x' other ];mgxl:lgc that lhe Medical Officer may de~ernmu ~$ advisable. Public Place where Smohng ~s ?r<)hib~tcd <or, where 3m(~king ~s pemutted wirJm~ part of a Public Place m~der the terms ()t- tins By-law, in all locxmons xxithin such Public Place where Smoking is prohibited. Where ~i n~) .<moking si~l ~s required tc~ b~ ph~ced or posted pursum~t to fids Bydaw, fl~e sign sh:fll, }lave the propomons, C}laractcristics ;Intl n~inunuln measurements illustrated Schedule "B" tc~ this By laxv~ 170 Page 10 of 11 Pages of By-law No. A-0285-2000-105 0) consist of two (2) contrasting colours, or if fl~e lettering and graphic symbol is to be applied to a surface or to be mounted on a clear panel, the lettering and the graphic symbol shall contrast to the background colour; and ¢) be posted in English and any other language that the Medical Officer of Health may determine is advisable. PART V OFFENCES AND ENFORCEMENT 10. Any person who contravenes any provision of this By-law is guil~- of an offence and upon conviction thereof is liable to a fine of up to $5,000 or such tfigher amount as may be provided for in the P,'v/v'#r/a/O.z~#rr~'~/r/; R.S.O. 1990, c. P.33, as amended. 11. ~lqae provisions of this By-law may be enforced by a ~nunicipal law enforcement officer or a public health inspector appointed by the Medic~ Officer of Health, who shall for such purposes have all of the powers of inspection set out m Section 213 of the 12. No person shall obstruct any person conducting an inspection to determine whether or not there is compliance with this By-law. PART VI TRANSITION PROVISIONS 171 105 13.(1) Subsections 6(3) and 6(4} ~)f t}ns By-law arc repe:ded on June 1, 2001. (2) Subsections 6,5}, 6¢6. :md (iT: of fins Bv&w :it'<' re.pe:ded <~n June 1, 2004. (3} Despite sul0sections 13~I: :md 13(2), tins By I::w, :ts it read before subsections 6(3),, 6(4), 6(5). 6i6) and 6¢7~ were repe',ded, centmucs to apply to proceedings m respec~ of offences that <~ccurt'cd bcF,,t'e ti~<)sc sub secti<;ns were repealed 14. This By-law comc. s in:c> force three months aft-er the date of adoption bv Regional Council. b:NA(2TED ANI) P.-KR<t:I) t}n: 26"' ti,t:-<:~ { )c:<)ber, 2()(1() Denis Kelly_ Clerk 172 ~ ~ o ~ ~ 173 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That the draft by-law to appoint one person to enforce thc Parking Bv-ta;v at t822 WRites Road, Amberlea Plaza. be fomarded to Council for approval. 174 REPORT TO COUNCIL FROM: Brace Taylor, AMCT, CMM City Clerk DATE: June 18. 2001 REPORT NUMBER: CL 24/01 SUBJECT: Appointments to enforce the Parking By-law at 1822 White's Rd, Amberlea Plaza, in Pickering RECOMMENDATION: That the draft by-law to appoint one person to enforce the Parking By-law at 1822 Whites Road, be forwarded to Council for approval. ORIGIN: Letter from Burns International Security Services dated June 1,2001. AUTHORITY: Section 15(I) of the Police Services Act. R.S.O. 1990, c.P.15 FINANCIAL IMPLICATIONS: None EXECUTIVE SUMMARY: N/A BACKGROUND: Correspondence has been received from Burns International Security Services requesting the appoimment of one person as By-law Enforcement Officers for the purpose of enforcing the Parking By-law at 1822 White's Rd., Amberlea Plaza. ATTACHMENTS: 1. Correspondence from Burns International Security Services. 2. Draft By-law. Report to Council CL 24/01 Sub. ject: Appointment of a By-law Enforcement Officer Date: June 181. 2001 Page 2 175 Prepared By: Approved ,,' Endor~d By: Debbie Kearns BT:dk Attachments Copy: Chief Administrative Officer /Bruce Taylor I~TtCv°~n?TnI~i~cd tbr the c°nsiderati°n °f Picketing ] Thbmas J. Quinn. ~hief Mdministrat~~ 176 I ATTACHMENT #_ ~ TO REPORT # ~ ~','/J, ~ BURNS Burns International Security Services Dear Debbie Kerns Please also add our security officer Gerald Robinson to the list of By-law for 1822 Whites road in Pickering known as the Amberlea Plaza. Best Regards and have a wonderful weekend. Bill Hanna 905-571 -4040 905-571 -061 7 Fax THE CORPORATION OF THE CITY OF PICKERING 177 Being a by-law to appoint By-law Knlbrcement Officers tbr certain purposes (Parking Regulation 1822 White's Rd.. Amberlea Plaza) WHF~RI:,AS pursuant to section 15(1) of' the Police Services Act.. R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enlbrce the by-laws of the mmficipality and WItEREAS pursuant to section 15(2)of the said Act. municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws: NOW THEREFORE TI IE COt JNCI L OF TI IE COPd'ORATION Of: TIlE CITY OF PICKERIN(} }tEREBY ENACI'S AS F()LL()WS: That Gerald Robinson be hereby appointed as municipal law enforcement officer in and 1bt the City of Picketing in ,~,rdcr to ascertain whether the provisions of By-law 2359/87 ~e obeyed and to entbrce or carry into effect the said By-tax~ and is hereby authorNed to enter at all reasonable times upon lands municipally known as 1822 White's Rd., Ambcrlea Plaza. 9 The authority granted in section I hereto is specifically limited to that set ()ut in section 1, and shall not be deemed, tit any time. to exceed the authority set out in section 1. This appointment shall expire upon the person listed in section I ceasing to be an employee of Burns International Security Services or upon P, ums International Security Services ceasing to be an agent of 1822 White's Rd.. Amberlca. or upon whichever shall occur first. tlY-LAW read a tn:st, second and third time and finally passed this 25th day of Jtme. 2001. Wayne Arthurs, Mayor Bruce Taylor. Clerk 191 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Committee of the Whole dated June 18. 2001, be adopted. CARRIED: MAYOR 192 APPENDIX #1 CITY OF PICKERING That the Committee of the Whole of the City of Pickering having met on June 25. 2001. presents its eleventh report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 24-01 ZONING BY-LAW AMENDMENT APPLICATION A 05/01 CENTRAL VERSA DEVELOPMENT CORPORATION PART OF LOT 21, RANGE 3, B.F.C. (WEST SIDE OF SANDY BEACH ROAD. SOUTH OF BAYLY STREET) That Zoning By-law Amendment Application A 05/01, submitted by Central Versa Development Corporatiom on lands being Part of Lot 21, Range 3, B.F.C., City of Pickering, to amend the zoning of the subject lands from "R3" Residential Detached Dwelling - Third Density Zone to an appropriate site specific zone category in order to permit the development of a two storey, 124 bed. long term care facility, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 24-01; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 05/01, as set out in draft in Appendix II to Report Number PD 24-01. be forwarded to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 23-01 ZONING BY-LAW AMENDMENT APPLICATION A 34/00 PETRO-CANADA PART OF LOT 19, RANGE 3. B.F.C. (SOUTHWEST CORNER OF BAYLY STREET AND BROCK ROAD) That Zoning By-law Amendment Application A 34/00, submitted by Petro- Canada. on lands being Part of Lot 19, Range 3 B.F.C., City of Pickering, to amend the existing zoning to add a convenience retail use as accessory to a gas station facility and technical amendments to establish performance standards more in keeping with newer gas station facilities, be APPROVED, subject to the conditions included in Appendix I attached to Report No. 23-01; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 34/00, as set out in Appendix II to Report Number PD 23-01, be forwarded to City Council for enactment. o OPERATIONS & EMERGENCY SERVICES REPORT OES 17-01 CONTRACT FOR WASTE COLLECTION SERVICES MILLER WASTE SYSTEMS It is recommended that Report OES 017-01 from the Division Head, Municipal Property & Engineering be received; and 1. That Resolution # 120/00 be rescinded; and That the City of Pickering enter into a contract with Miller Waste Systems for curbside and bulk lffi residential waste collection, curbside yard waste and Christmas tree collection and City Facility waste and recyclable material collection for a term to end March 31, 2009; and 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. ,/ OPERATIONS & EMERGENCY SERVICES REPORT OES 18-01 TENDER FOR ROOF REPLACEMENT P1CKERING RECREATION COMPLEX TENDER NO. T-5 '2001 The Report to Council OES 018-01 regarding Roof Replacement at the Pickering Recreation Complex be received: and 1. That Tender No. T-5'2001 submitted by T. ttamilton & Son Roofing Inc. for Roof Replacement at the Pickering Recreation Complex in the amount of $289,455. including net G.s.rI'.. be approved: and 2. That the total project cost of $352,205 including the tender amount and other associated costs be approved: and 3. That the appropriate officials at the Citx oI' Picketing be given authority to aive effect thereto. 193 CORPORATE SERVICES REPORT CS 21-01 2001 TAX KATES FOR ..Kiwi. C1.ASSES ()F PROPERTT & FINAL TAX DUE DATES FOR ALL RE:\LTY TAX CLASSES EXCEWI FOR COMMERCIAL, INDUSTRIAL & MULTI-RESIDENTIAl. REAIfFT CL:\SSES That it is recommended that Report CS 21-01 of the Director. Corporate Serv'ices & Treasurer be received for inibrmation: and 1. That the 2001 tax rates lbr the Citx oF Picketing be approved as contained in Schedule A to By-lay,' No. 585001 attached hereto: and That the attached Bv-laxv No. 5856 01. providing for the imposition of the tax rates approved under Reconunendation 1 aNwe. be read three times and approved; and That the tax lex-v due dates lbr the Final Billing be September 14, 2001 and October 15, 2001 excluding the industrial, multi-residential and commercial realty tax classes; and That the Director of Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed: and 5. That the Director of Corporate Services & Treasurer be authorized to make any changes to the final tax rates to compt> with Provincial regulations: and 6. That the appropriate staff of the City o1' Pickering be given authority to give effect thereto. CORPORATE SERVICES REPORT CS 19-01 2001/2002 PROPERTY AND LIABILITY INSUR.~NCE It is recommended that Report CS 19-01 of the Director. Corporate Services & Treasurer be received by Council: and That the City of Pickering renew its property, liability and other coverages through the Frank Cowan Company at a 2001/02 renewal premium of $259,721 plus applicable ta,xes for the period July 1. 2001 to July l. 2002 inclusive; and (In 19c19 Council approved a three year program with Cowan with a maximum annual premium) 194 (___.. o ° That the Director, Corporate Services & Treasurer. as part of the Risk Management Program. be authorized to continue the Reimbursable Deductible Program through the Insurance A4juster and the Frank Cowan Company and further, that the Director be authorized to settle any claims within the total deductible limit where it is in the City's interest to do so; and That the Director, Corporate Services & Treasurer be authorized to pay the total cost of any insurance claims settled that fall between the previous deductible and the new one, including any adjusting and legal taes. from the Self Insurance Reserve; and That the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to protect the assets of the City and it's elected officials and staff: and That the appropriate officials of the City of Pickering be given authority to give effect thereto. CORPORATE SERVICES REPORT CS 18-01 AUDIT SERVICES - REQUEST FOR PROPOSAL It is recommended that Report CS 18-01 of the Director, Corporate Services & Treasurer be received by Council: and That a request for Proposal (RFP) be called for Audit services fbr the City of Pickering, the Civic Library, and the Transit Authority for the purpose of undertaking the annual audit and other assignments for tl~e fiscal years 2001 to 2005 inclusive; and 2. That the appropriate officials for the City of Pickering be given authority to give effect thereto. CORPORATE SERVICES REPORT CS 20-01 BILL 46 - THE PUBLIC SECTOR ACCOUNTABILITY ACT FIRST READING MAY 9, 2001 It is recommended that Report CS 20-01 of the Director, Corporate Services & Treasurer, concerning Bill 46 - The Public Sector Accountability Act, be received by Council for information. o AJAX PICKERING TRANSIT AUTHORITY TRAN 01-01 AMENDING AGREEMENT - RELOCATION OF PICKERING TRANSIT CONVENTIONAL VEHICLES TO AJAX It is recommended that Report TRAN 01-01 of the General Manager, Ajax Pickering Transit Authority be received by Council; and That Council approve a By-law to authorize the execution of an Amending Agreement between the Corporation of the City of Pickering and the Corporation of the Town of Ajax to relocate Pickering convemional transit vehicles to the Ajax Transit facility; and That the Mayor and Clerk be authorized to execute the Amending Agreement between the Corporation of the City of Pickering and the Corporation of the Town of Ajax as set out in "Attachmem #2" attached hereto. 10. LEGAL REPORT L 13-01 ROAD CLOSING AND SALE OF CITY LANDS PART OF THE ROAD ALLOWANCE BETV~:,EN LOTS 20 & 21. CONCESSION 1, PICKERING DESIGNATED AS PAR]' 3, PLAN 40R-7103 (VALLEY FARM ROAD) It is recommended that a resolution be passed authorizing the Solicitor tbr the City to commence the process of stopping-up and closing tbr the purpose of sale. that portion of thc Road Allowance between Lots 20 and 21. Concession 1. Pickering, designated as Part 3. Plan 40R-7103. 195 11. CLERKS REPORT CI_ 25-01 REGULATION OF SMOKING IN PUBLIC PLACES AND WORKPLACES That Clerk's Report Cl_, 25-01 regarding the regulation of smoking in public places and workplaces be received: and That pursuant to Section 213(14) of the Municipal Act. the Council of the Regional Municipality of Durham be requested to undertake the enactment of a by-law to regulatc smoking in p~:blic places and workplaces subject to the approval of the area municipalities. 196 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5856/01 Being a bv-law to adopt the estimates of all sums required to be raised by taxation for the year 2001 and to establish the Tax Rates necessary to raise such sums. WHEREAS it is necessary for the Council of' The Corporation of the City of Picketing, pursuant to the Municipal Act, R.S.O. 1990, ch.M.45, as amended, to pass a by-law to levy a separate tax rate on the assessment in each property class; and, WHEREAS the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and, WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, to levy on the whole ratable property according to the last revised assessment roll for The Corporation of the City of Pickenng the sums set forth for various purposes in Schedule "A", for the current year; and, WHEREAS the Regional Municipality of Durham has passed By-law No. 47-2001 to establish tax ratios and By-Law 42-2001 to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Regional Corporation and By- Law 45-2001 to set and levy rates of taxation for Regional Solid Waste Management and By-laws No. 44-2001 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, WHEREAS the Regional Municipality of Durham has provided the 2001 education tax rates for the various realty classes; and, WHEREAS sub section 392(4) and (5) of the Municipal Act, as amended, permits the issuance of separate tax bills for separate classes of real property for 2001; and, WHEREAS an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No. 5802/01) before the adoption of the estimates for the current year. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: For the year 2001, The Corporation of the City of Pickering (the "City") shall levy upon the Property Classes set out in Schedule "A", the rates of taxation as set out in Schedule "A", for the City of Picketing, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule The levy provided for in Schedule "A" shall be reduced by the amount of the interim levy for 2001. The Tax Levy due dates for the Final Billing be September 14, 2001 and October 15,2001 for all classes excluding the non residential tax classes. 1,q7 if any section or portion of this Bv-lax~ or of Schedule "A" is found by a co.urt of competent jurisdiction to tlc invalid, it is thc intent of Council for Tile Corporation of the City of Pickering that all remaining sections and portions of this By-law and of Schedules "A" continue in three and etTcct. This By-law comes into force on tile date of its t2nal passing. read a first, second and third tinge ai*~d I2nally passed this day oI- June, 2001. Bruce Taylor. Clerk 198 2001 C~ty Tax Rate~ Pm~ Class Residential & Farm 5,206,146,3330,00346855 Multi Residential 44,336,075 00086367 Comm~rmal 406,472.722 000514005 Commerdal-C.-er~ral 3,548,818 000514005 Commercml - Excess Land 2,914,25I 000359804 Commercial Vacant Land 9,749,380 000359804 ShoPPing Cenlr~s 211,827,441 0 00418932 ShOp.rig Centres Vacanl 227.625 0.00293253 Office Build{rig 4,677,656 000796379 Office Building Excess Land 493,970 0.00557465 Indu$1nal 113,356,589 000711331 thdustdal Vacant 3,183,0~ 1 000462365 Industrial Vacant Land 27,980,178 0.06462365 Large Indusffia~ 22,390,951 0.01137601 Lar~ Indusldal Vacant 000739441 Parking Lot 1,225.000 000514005 Pip, tines 19.694,000 000426424 Farr~ands 38,042,350 0 00086714 Managed Forests 1.851.100 000086714 Total _~20.325 4~_~ P~a nts in Lieu Pm dies Residential & Farm Full 116,434,751 000346855 Residential & Farm Tax. Tenant 66,237.814 000346855 Residential & Farm Gert 37,811,686 0.00346855 Mul~ Residential Full 3,214,000 00096367 Comrr~rcla[ Full 39612,479 000514005 Commer~a~ Full - Shared PIE 30512,860 000514005 Comr~mal Full - Tax. Tenant 1,540.017 00~514005 Commercial Gan 3.046,771 0.005140{35 Commer~Eal Full - Excess Land7,473.435 000359804 Commemial Gen- Vacant Land 1.681,000 0.00359804 Commer~al Vacant Land Full 0 00359804 Office Building Full - Shared PIL 14,463,125 0.00796379 office Building Gan 0 00796379 OffiCe Building Vacant Full 0,00557485 Of~ce Building Vacant (~en 000557465 tndusthat Full 1,113,708 000711331 Industrial Gan 903,827 000711331 Ind~sthal Full-Shared PIE 645,710 000711331 Indusbial Full* Tax Tenant 100.440 000711331 Ind. Excess I~and - Shared PIL 5808.407 0.00462365 Industhal Vacant Gert 238,000 000462365 thdustdal Vacant Land Full 000462365 industrial Vacanl L~nd (~en 0 00462365 Large Industrial Full - Shared PIL 33569780 001137601 La _rge Industrfal (~en 001137501 366,254,935 Total PILS By~w NO, 5858/01 $¢hadule A 2001 Tax Rates Region Education Tax Ra~_ Tax Rathe Total P~-'kering Region Ed~catio~ TOTAL Tax Ra~ B~mi~_q ~ ~ ~ 0.00705298 0.06373006 0.01425153 0.01756192 0.00373000 002992662 0.0104518 0.02003926 0 03563111 60104518 XXXXXXX 0,01559185 000731606 001402708 002494118 006731606 001402708 002494118 0.060851858001633269 002904059 006596329 0.01143343 0 02032925 0.01619364 003104807 0.05520550 0.01133555 0.02173365 0.03864365 0.01503359 002611257 0.04825947 0.06977204 001697352 0.03136921 000977204 0,01697352 0 03136921 0.02404257 0.0417607 007717928 001562767 0.027t4445 005016653 0 01045180 0 02003926 003563111 006867093 0.01730720 0.03024237 000176325 006093250 006356289 0.06176325 000093250 006356289 000705298 00637300~ 0 01425153 0.007052980.00373006 0 01425153 006705298 XXXXXXXX 0.01052153 0.01756192 000373000 0.02992862 0.0104518 002003926 0.03563111 0.0104518 0.02003926 003563111 0.0104518 0.02003926 0.03563111 00104518 YOO(XXXX~ 0 01559185 0 007316050.01402708 0.02494118 0 00731606XX,VOO(X,Y~ 0.0109t410 0.007316060.01402708 0.02494118 001619364 0.03104807 0.05520550 001619364 XXXXXXYO( 0.02415743 001133555 0,02173365 0.03864385 0.01133555XXXXXXXX 0 01691020 001503359 002611257 004825947 0.01503359X, XXY. X.X~X0.02214590 00~503359 0.02611257 004825947 001503359 002611257 004825947 009977204 0 01697352 0 03136921 0.00977204XXXXXXXX 0.01439569 006977204 0.01697352 0.03136921 006977204 Y. XXXXYO0( 0,01439569 0.024042570.0417607 0.07717928 0 02404257XXXXXXXX 0.03541858 001562767 002714445 0,05016653 0 0104519 0.02003926 0.03563111 0 0104518 Y. XXXXXY, X 0 01559185 $ 18.064.724 $ 36.732,906 $ 19,426,393 $ 74.224,083 382.917 778.827 165.324 1.326.918 2,089,290 4.248.372 8,145,413 14,483,074 18.241 37,092 55333 10,486 21,321 40.878 72.685 35,079 71.327 136,755 243.161 887,413 1,8~4,469 3,459,712 6,151,594 668 1,357 2.603 4.627 37,252 75,748 145.232 258,232 2,754 5,599 10.736 19.089 806,341 1.704.156 2.960,032 5.470~529 14,717 31,105 54,028 99.850 129.395 273,482 475,024 877904 254.720 538,336 935,062 t,728.117 6,297 12,803 24,548 43,548 84,633 172,499 344,306 601.642 32,988 67.078 35,474 135.541 1.605 3.264 __17~626 6.595 $ 22,859,721 ~ 46,579,602. $ 36,,363,29~ $ 105,802.6~2 403,860 $ 821,212 $ 434,302 $ 1,659.373 229,749 467,174 690r923 131,152 268,685 397,837 27r758 56,444 11,986 96,191 156,838 318*914 611,455 !,d87,207 7.916 16,09~ 30.861 54,873 15.661 31.844 47,505 6,048 12,298 18,347 115.151 234,211 449.052 798,444 7 923 16,744 29,084 53.751 6,429 13,588 20,O17 4r5§3 9,707 16,861 31,182 714 1.510 2,623 4.847 26,856 56.760 98,589 182.205 1,100 2,326 3.426 385,303 814,317 1,414,426 2,614.O45 11,513 24.333 42,265 78,112 1~769~095 $ 3.632.881~ $ 4~040~141$~9,442~096_ Total A~sessment 61486.590.429 Footnotes Payments in lieu of taxes at the General Rate ex,:irides the education tax mia con~oonenL $ 24,628,816 $ 50.212,463 $ 40,403,440 ~ 115~44,719 THE CORPORATION OF THE CITY OF PICKERING 193 BY-I.AW NO~ Being a By-law to amend Restricted Area IZoningl, By-law 2520, as amended, to implement the Official Plan of` tile City of Picketing District Plamfing Area, Region of Durham in Part of Lot 2 l, Range 3, B.F.C., City of' Picketing. (m 05/01 ) WHEREAS the Council of The Corporation of' the City of Picketing deems it desirable to permit the establishment of a long term care facility on tile sul¥cct lands, being Part of Lot 21, Range 3, B.F.C., City of Picketing; AND WHEREAS an amendment to By-law 2520. as amended, is therefore deemed necessary: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLO\VS: SCItEDULE I Schedule I attached hereto with notations declared to be part of thiq By-law. and ref'crei~ces shown thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 21, Range 3, B.F.C., City of Picketing, designated "R( NH)" oi~ Schedule I attached hereto. GENEI~AL PROVISIONS No building, land or part thereof stlall hereafter be used. occupied, erected, moved, or structurally altered except in conformity with the provisions of' this By-law. 4. DEFINITIONS this By-law, (1) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as tile case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of'whether or not such lot constitutes the whole of`a lot or block on a registered plan of subdivision; (b) "Lot Coverag~ shall mean tt~e percentage of' lot area covered by all buildings on the lot; (c) "Lot Fronta~ shall mean tile width of a lot betxveen the side lot lines measured along a line parallel to and 7.5 metres distant from tile front lot line. -2- (2) (3) "Nursing Home" shall mean a building or part of building where people are lodged, fed, cared and provided for, and may be aided in any or all daily activities, and may include the provision of nursing services, medical care or treatment, and ancillary administrative offices, which is operated by a private, public, religious, cultural or charitable organization, and which is duly licensed pursuant to the laws of the Province of Ontario. (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot bet~veen the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; and (j) "interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("R(NH)" Zone) No person shall within the lands designated "R(NH)" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: '(a) nursing home; -3- 2hi (2) Zone Req_uirements ("R(NH)" Zone) No person shall within thc lands designated "R(NH)" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (ay Buildino I~ocatiora and Setbacks: Buildings and structures shall be located entirely within the envelope illustrated on Schedule I attached to this By-law; building (by LOT COVERAGE (maximum): 30 per cent (c) BUILDING ttEI©Hq' (maximum): 9 metres (dy OPEN STORAGE: All uses, other titan parking, shall take place entirely within enclosed buildings or structures with no outside storage or display permitted. (e) PARKiNG REQUIREMENTS: A There shall be provided and maintained on the lot a minimum of l .5 parking spaces per 4 beds Iht' staff and visitors; B Sections 5.21 ~ (a) and S ?1 '~ {by of By-law 2511 as amended shall not apply' to the lands designated *'P,{NH)" on Schedule i attached hereto; C Nolwithstandin~ Section s '~1 ~ ~ _.,~ .. g) of By-law 2520, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereo f: BY-LAW 2520 By-law 2520, as amended, is hereby further amended only lo the extent necessaD' to give effect to the provisions of this By-law as it applies to tiao area set out in Schedule I attached hereto. Definitions and s~bject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2520, as amended. EFFECTIVE DATE This By-law shall take effect from the da,,' of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 25tMay of June 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk R(NH) BUILDING ENVELOPE SCHEDULE I TO BY-LAW 5857/0! PASSED THIS .... 25b DAY OF June 2001 MAYOR ~LE'RK 2n3 I~OtENANNA' PICKERM BAYLY ~ M PO~PRAD 0 AVENL~E' %T~LL ii SUBJECT )PERTY o' 0 © 0 (D STREET O ~T City of Pickering Planning & Development Department F I DATE JUN 14, 2001 THE CORPORATION OF THE CITY OF PICKERiNG BY-LAW NO. 5858/01 Being a by-law to amend Restricted Area (Zoning) By-Law 2511, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 19, Range 3 B.F.C., City of Pickering (A 34/00) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to pemfit the establishment of a retail use as accessory to a gas station and car wash facilities on the subject lands, being Part of Lot 19, Range 3 B.F.C., City of Pickering; AND WHEREAS an amendment to By-Law 251 l, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, Range 3 B.F.C., City of Pickering, designated "CA(F)" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS (1) (2) (3) In this By-law, "Automobile Service Station - Type "F" shall mean an establishment where vehicle fuels, lubricants, and automobile-related accessories are offered for retail sale, and which also may include one mechanical and/or one manual car wash and limited convenience retail sales, but shall not include facilities for the repair and maintenance of vehicles, or facilities for the repairing or painting of vehicle bodies; "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or part thereof as the case may be, other than rooms or space jointly used by tenants of the building, such as garbage storage areas, mechanical and electrical rooms, lobbies, stairwells, elevators and service corridors; (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; -2- 2,05 (4) (5) (6) (b) "Lot Coveraae" shall mcan the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontao_e" shall mean tile width ora lot betv,'een the side lot lines measured along a line parallel to and 7.5 metres distant from tile front lot line; "Mechanical Car Wash" shall mean an establishment v,'herc facilities are provided for the washing and cleaning of vehicles using production line methods employing mect~anical devices wholly enclosed within a building; "Manual Car Wash" shall mean an establishment where self sec'ice facilities are provided for the xvashing and cleaning of vehicles by hand labour methods using sprayers, vacuums and other similar devices. (a) __ "Yard" shall mean an area of' land v,'hich is appurtenant to and located on the same lot as a building or structure and is open. uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically penn itied thereon; O) "Front Yard" shall mcan at yard extending across thc Full width of a lot between the front lot line of the loi and thc nearest wall of tile nearest main building or structure on thc lot: (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and tile nearest ,,','all of the nearest main building or structure on thc lot: (d) "Rear Yard" shall mcan a yard extending across thc full width of a lot between the rear lot line of tile lot. or where there is no rear lot line, the junction point of the side lot lines, and the nearest ,,','all of thc nearest main building or structure on the lot: (e) "Rear Yard Depth" shall mean the shortest horizontal dimension ora rear yard of a lot between the rear lot tine of' tile. lot. or v. here there is no rear lot line, the junction point of tile side lot lines, and thc nearest wall of the nearest main building or structure on tile lot: (13 "Side Yard" shall mean a yard of a lot extending from tile front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot: (g) "Side Yard Width" shall mean the silortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot: (h) "Flankaae Side Yard" shall mean a side. yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Ftankaee Side Yard \Vidth" shall mean the shortest horizontal dimension of a flmtkage side yard of a lot between the ].et line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot: and (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) Uses Permitted ("CA(F)" Zones) 2O6 No person shall within the lands designated "CA(F)" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) automobile service station- type"F"; (2) Zone Requirements ("CA(F)" Zone) No person shall within the lands designated "CA(F)" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) (b) (c) (d) (e) (0 LOT AREA (minimum): LOT FRONTAGE (minimum): BUILDING LOCATION AND SETBACKS: A 0.5 hectares 45 metres Buildings and structures shall comply with the minimum setbacks illustrated on Schedule I attached hereto; STRUCTURE HEIGHT (maximum): BUILDING HEIGHT (maximum): PARKING REQUIREMENTS: A B 7 metres 7 metres There shall be a minimum of 14 parking spaces provided and maintained on the lands zoned "CA(F)" on Schedule I attached to this By-law; Sections 5.21.2 (a) and 5.21.2 (b) of By-law 2511 as amended shall not apply to the lands designated "CA(F)" on Schedule I attached hereto; and Despite 5.21.2 (g) and (k) of By-law 2511, as amended, all entrances and exists to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. C (g) SPECIAL REGULATIONS: A B C The gross leasable floor area of an automobile service station - type "F" shall not exceed 380 square metres; (i) The aggregate of the gross leasable floor area of the gas station kiosk and accessory retail use shall not exceed 110 square metres; (ii) The aggregate of the gross leasable floor area of all mechanical and/or manual car wash facilities shall not exceed 270 square metres. All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; Despite subsection 5.(2)(g)(B) of this By-law, a maximum display area of 10 square metres may be used for the limited outdoor D storage and display of convenience items accessory to an automobile service station Despite subsection 5.19(a) of By-law 2511. accessory structures may bc erected in any yard. BY-LAI¥ 2511 (1) By-law 3935'71 is hereby repealed', (2) By-law 2511. as amended, is hereby further amended only to the extent necessa~' to give effect to the provisions of this By-lave as it applies to the area set out in Schedule I attached hereto. Detinitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board. it' required, BY-LAW read a first, second, alld third time and finally passed this 25th ,2001. day of Jun3 YVaxn~e :\rthczrs. Nlavor Bruce Taylor. Clerk PART 2, 40R-10527 CA(F) BUILDING ENVELOPE SCHEDULE 'i' PASSED THIS. DAY OF June TO BY-LAW 25h 2001 5858/01 MAYOR CLERK 2n9 PARKWAY (~) ~ I PLUMMER %~REE~ STREET SUBJECT~ ~AYLY o~ CLEMENTS City of Pickering !i L STREET Development Department ? ~^~u MAY TIlE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5859/01 Being a by-law to approve the naming of those lands situated at the southeast coruer of Westshore Boulevard and Sunrise Avenue as "Rotary Frenctm~an's Bay West Park" and those lands at Park Crescent and Cliffview Drive as "Fairport Con~ununity Park". WHEREAS pursuant to Section 2 (1) of the Community Recreation Centres Act the Council of a municipality may by by-laxv, provide for the establishment, maintenance and operation of one of more community centers. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The lands set out in the Location Map as Part A, attached hereto shall be operated as a public park and shall be named as "Rotary Frenchman's Bay West Park. The lands set out in the Location Map as Pat B, attached hereto shall be operated as a public park and shall be named as "Fairport Community Park". BY-LAW read a first, second and third time and finally passed this 2Sth day of June, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk CEYBURN 1 CRT WELRUS S EDGEWOOD J A'vE L_' I ' -- MINSTREL I i ,',~ ~1 ~ ( ) ~ I O~ ~ "I ! SPRUCE SHADYBROOK [ O' // ~ ---C- LANE ~ 211 OPERATIONS AND EMERGENCY SERVICES DEPARTMEN'F MUNICIPAL PROPERTY AND ENGINEERING DIVISION 1:10 000 JUNE 0112001 ATTACHMENT FOR OPERATIONS & EMERGENCY SERVICES REPORT LOCATION OF PARKS; 212 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5860/01 Being a by-law to authorize the execution qf Licence A~greements permitting the occupancy of Part Lot 27, Plan 1051, Picketing (Part 12, Plan 40R-10323) by the ad/acent owners for residential purposes (R orrison/Tang). WHEREAS, The Corporation of the City of Pickering is the owner of that part of Lot 27, Plan 1051, Picketing, designated as Part 12, Plan 40R-10323, upon which it intends in the future to construct and maintain a pedestrian walkway but which, in the meantime, pursuant to section 193 of the Municipal Act, R.S.O. 1980, chapter 302, it intends to license to the adjacent owners for residential purposes; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute renewal Licence Agreements in a form satisfactory to the City Solicitor to permit the owners of those parts of Lot 27, Plan 1051, Pickering, designated as Parts 7 and 8, Plan 40R-10323, to occupy that part of Lot 27, Plan 1051, Picketing, designated as Part 12, Plan 40R-10323, for residential purposes from June 26, 2001 to June 25, 2003, unless earlier terminated, fbr the suni of $2.00. BY-LAW read a first, second and third time and finally passed this 25th day of June, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk LA01 01 2 =0 REPO?,T# OU-~ -OIq-OI 213 COURT IBONIIA AVEN u E 40R.10323 CRES GLENANNA CRES. A',/EN UE MEADOW 0 CRES ROAD ROAD CULRO: DUNBAR City of Pickering ROAD Planning & Development Department DATE MAY 30, 2001 214 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5861/01 Being a by-law to authorize the renewal of an Agreement for the lease of space at the Picketing Recreation Complex for a Pottery Studio. WHEREAS on March 8, 1999, Council enacted By-Law #5472/99 authorizing the execution ora Lease Agreement for The Clay Pot to operate the Pottery Studio at the Picketing Recreation Complex. AND WHEREAS, pursuant to that By-Law a Lease Agreement was entered into between The Clay Pot and the City; AND WHEREAS, the Term of that Agreement has now expired and the parties are desirous of renewing the Lease for a three year period; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a renewal Lease Agreement, between The Corporation of the City of Picketing and The Clay Pot for a three year period in the form attached hereto as Schedule A. BY-LAW read a first, second and third time and finally passed this 25th day of June, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk TIlE CORPORATION OF TIIE CITY OF PICKER1NG 2 1 ~ BY-LAW NO. 5862 0LfL~ Being a by-law to authorize the execution of an Amending Agreement between the Corporation of the City of Pickering and the Corporation of the Town of Ajax to relocate Pickering conventional transit vehicles to the Aj~Lx lhcilitv. WHEREAS Ajax and Pickering have previously entered into an agreement, dated January 20, 1997 establishing the temls and conditions tbr thc relocation of Specialized Services to the Ajax Transit facility; AND WttEREAS Ajax and Picketing have agreed to a Memorandum of Understanding that will facilitate tile creation of the A. iaLx Pickcring Transit Authority under tile MuniciDal Act; AND WHEREAS Ajax and Picketing wish to enter into an Amending Agreement to provide for the relocation of approximately one-halt'of tile Picketing Transit Conventional Transit fleet to the Ajax Transit facility; AND WIIEREAS Ajax trod Picketing wish tile Amendhlg Agreement to remain in effect during the interim period m~til tile execution of the final Transit Merger Agree~nent: NOW TtlEREFORE, the Corporation o£ the City of Pickering tlEREBY ENACTS AS FOLLOWS: That the Mayor and Clerk are hereby authorized to execute the Amending Agreement between the Corporation of thc City of Pickering and the Corporation of the Town of Ajax as set in "Attachment #2" attached hereto. BY-LAW read a first, second and third time and finally passed this 25 day of June 2001. Wayne Arthurs, Mayor Bruce Taylor, City Clerk 216 THIS AMENDING AGREEMENT made this BETWEEN: ATrACHMENT Z TO day of ,2001. THE CORPORATION OF THE TOWN OF AJAX (hereinafter called "Ajax") : OF 'THE FIRST PART, THE CORPORATION OF THE CITY OF PICKERING (hereinafter called "Picketing") OF THE SECOND PART: WHEREAS Ajax and Picketing have previously entered into an agreement dated January 20, 1997 (the "Original Agreement") establishing terms and conditions for the relocation of Specialized Services to the Ajax TranSit facility del'reed as the Facility in the Original Agreement; AND WHEREAS Ajax and Pickering wish to enter into this agreement (the "Amending Agreement") to provide for the relocation of approximately one-half of the Pickering Transit Conventional Transit fleet (the "PCF") to the Facility; AND WHEREAS Ajax and Pickering have agreed to the Memorandum of Understanding that will facilitate the creation of the Ajax Picketing Transit Authority under the MunicipalAct; AND WHEREAS Ajax and Pickering wish to amend the terms and conditions of the Original Agreement dated January 20, 1997 to include one-half °fthe PCF ;;t the Facility; NOW THEREFORE in consideration of the premises, covenants and agreements contained herein the parties hereto agree as follows: 1.0 GENERAL 1.1 The definitions in the Original Agreement shall apply to this Amending Agreement. 1.2 Except as amended by this Amending Agreement all other terms mtd provisions of the Original Agreement shall remain the same. 1.3 2 Iii this Amending Agreement and the Original Agreement "Picketing Transit Services" shall include the Pickering Transit Specialized Services and the Pickering Transit Conventional Service. 21 7 2.0 RELOCATION 2.1 2.2 Subject to the terms of this Amending Agreement and the Original Agreement Ajax grants to Picketing the right to relocate, maintain and operate the PCF from the Facihty during the term of the Original Agreement. The vehicles of the PCF to be relocated to the Facility are those vehicles set out in Schedule "A" attached hereto. Changes to the vehicles listed hi Schedule "A" ina5, be made without tile need to amend Schedule "A" or tiffs Amending Agreement. 3.0 EXTENDED TERM Paragraph 1.1 of the Original Agreement is amended to extend the term to six years ending on December 31, 2002 4.0 PICKERING OBLIGATION 4.1 Paragraph 2.1 of the Orighml Agreement is amended as follows: (a) · e" by deleting the ~vords "?ickering Specialized Transit Serv~c s and substituting therefore "Picketing Transit Services". (b) by deleting subparagraph (c) and substituting therefore the following: "(c) (i) maintain Owned Automobile Insurance Coverage in an amount of not less than Five Million Dollars ($5,000,000.00) against liability for bodily injury and property damage caused by vetficles owned by Picketing and used in connection with the Transit Services of Pickerh~g and all such insurance policies required of Picketing shall contain a provision requiring the insurer to notify Ajax not less thar~ 30 days prior to any material change, cancellation or termination; (c) (ii) immediately upon execution of this Amending Agreement and annually within 30 days of the renewable date of the policy, deposit with Ajax either copies of the liability and 'vehicle insurance policies as ~equired by this Amending Agreement or certificates of the said insurance policies." 215 (c) By adding the following: 3 Picketing shall provide services and mechanical staff at the Facility to support the repair and servicing requirements of the PCF vehicles." 5.0 AJAX OBLIGATION 5.1 Paragraph 3.1 of the Original Agreement is amended as follows: (a) by deleting the words "Pickering Specialized Transit Services" in subparagraphs (c), (d), (e), (f) and (i) and substituting therefore the words "Picketing Transit Services"; (b) by adding subparagraph (k) as follows: "(k) Immediately upon execution of this Amending Agreement and annually within 30 days of the renewable date of the policy, deposit with Picketing copies of the Garage Auto Policy or certificates of the said insurance policies." 5.2 Paragraph 3.4 of the Original Agreement is hereby deleted and the following substituted therefore: It is agreed and understood that Ajax will oversee the work of Pickering service persons and mechanics while working at the Facility. Any matters pertaining to employment with Pickering or contractual obligations associated with membership in CUPE Local Ii ;9 be promptly referred to Pickering management staff for investigation and/or resolution. Ajax shall have no obligation for or supervisory control or authority over any Picketing employee and is in no way whatsoever an employer of any Picketing employee." 6.0 FEES AND COSTS 6.1 Section 4.0 is amended by deleting paragraph 4.1 and substituting therefore the following: For the services provided by Ajax pursuant to this Agreement (hereinafter collectively called the "Purchased Services") Picketing shall pay. Ajax as follows: (a) (b) fi) Five Hundred Dollars ($500.1,)0) per month on accotmt of the office space mid vehicle storage: Cosl plus five per cent (5%> fi~r all fuel, parts, lubricants and subcontracted vehicle repairs supplied by or on behalf of Ajax to PickeI lng Specialized 'l'ransit Services vehicles: (ii) Cost lbr all fuel. parts, lubricants and subcontracted vehicle repairs supplied by or on behalf of Ajax to })CF vehicles; (c) Fitcteen l)ollars ($15.00) per clean otc each Picketing Specialized Transit Service vehicle, it being understood that the Picketing Specialized 'l'ransit Services vehicles will be clem~ed as may be reasonably requncd, lhere shall be no charge fbr cleaning i'CF vehicles: (d) (i) Fitiv-five l)ollars ($55.00) per }~our fbr labour costs associated with the maintenance, repair and servicing Iother thm~ cleaning of the vehicle), of the Picketing Specialized '1 ransit Serivce vehicles by Aiax; (iii Fitiv-five I)ollars ($55.001 per hour for labour costs associated with the maimenm~ce, repair and servicing tother than cleaning of the vehicle), of the PCF vehicles by Ajax; (e) (h) An administration charge equal to eight per cent (8%) of the sums payable in subp~agraphs ia). (blti), it), (d)(i) of Ods p~agraph 4.1; A fiat charge of One Thousand Five }tm~dred ($1,500.00) per month lbr ,Siax costs with respect to the Purchased Semites provided on PCF vehicles: Cost of G~age Automobile Insurance directly attributable to the Purchased Services in a Ibrm acceptable to Picketing; and Any Goods and Services Tax (GSi') imposed under the Excise 7Dx Act (Canada) and Retail Sales Tax (PST) imposed under the Retail &~tex ]~_x-Act (Ontario) and any other sales taxes imposed on Ajmx with respect to the Purchased Se~'ices. 220 5 7.0 CO-ORDINATED SERVICE 7.1 Paragraph 5.5 of the Original Agreement is amended by deleting the words "handi-trans". IN WITNESS WHEREOF the parties hereto have executed this Amending Agreement as of the day above written. THE CORPORATION OF THE TOWN OF AJAX Mayor Clerk THE CORPORATION OF THE CITY OF PICKERING Mayor Clerk ADMINiSTRATiON DEPARTMENT LEGAL SERVICES DIV1SION IMEMORANI)UM 221 June 18, 2001 From: Suhiect: Bruce Taylor City Clerk Denise Bye Manager. Legal Services })art Lot Control By-Law - 1298989 Ontario Inc. - [Jots 4, 6, 13. 14. 17.20.26 and 28. Plan 40M-2033 m~d Lots 89 and 90, Plan 40M- 1969 - File: P4101.217 The above-mentioned lands m'e being developed in accordance with the appropriate Subdivision Agreement and Zoning By-Law in such a maimer to allow more than one dwelling unit to be constructed on each of the lots referred to. Attached hereto are two location maps and tx~o draft by~laws, enactment of which will exempt these lm~ds from the part lot comml provisions of the t'/anniug Act, thus permitting transfers of those units into separate ownership. These by-laws m'e in the tb~ usually used in such cases m~d are attached lbr the consideration of City Com~cil at its meeting scheduled for June 25.2(}01. DB:lira Attachments Cop>': Manager, Current Operations Division 222 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5863/01 Being a by-law to exempt Lots 4. 6, 13, 14, 17, 20, 26 and 28, Plan 40M-2033, Pickering, ,~om part lot control. WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990, chapter P. 13, the Council of the municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; NOW THEREFORE. the Council of the Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to the lands described as follows: Lots 4, 6, 13, 14, 17, 20, 26 and 28, Plan 40M-2033, Pickering. This by-law shall remain in force and effect for a period of one year from the date of the passing of this by-law and shall expire on June 25, 2002. BY-LAW read a first, second and third time and finally passed this 25th day of June, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk P4101.217 22.3 CONCESSION DARWIN COURT AVEN'JE City of Pickering FILENo. P4101.217 1 40M-2033 Planning & Development Department LOTS 4, 6, 13, 14, '~ 17, 20, 26 AND 28 ~ DATE JUN 19, 2001 224 ADMINISTRATION DEPARTMENT LEGAL SERVICES DIVISION June 18.2001 MEMORANDUM To' Froln: Subject: Bruce Taylor City Clerk Denise Bye Manager, Legal Services Part Lot Control By-Law - 1298989 Ontario Inc. - Lots 4, 6, 13, 14, 17, 20, 26 and 28, Plan 40M-2033 and Lots 89 and 90, Plan 40M- 1969 - File: P4101.217 The above-mentioned lands are being developed in accordance with the appropriate Subdivision Agreement and Zoning By-Law in such a manner to allow more than one dwelling unit to be constructed on each of the lots referred to. Attached hereto are two location maps and two draft by-Jaws, enactment of which will exempt these lands from the part lot control provisions of the Planning Act, thus permitting transfers of those units into separate ownership. These by-laws are in the form usually used in such cases and are attached for the consideration of City Council at its meeting scheduled for Juue 25, 2001. DB:lira Attaclunents Copy: Manager, Current Operations Division Denise Bye / 225 THE CORPORATION Ot: TttE CITY OF' PICKERING BY-L~\\V NO. 5864/01 conlroL WHEREAS pursuant to the provisions of section 50 o£ the ]'/anning ,,icl. R.$.O. 1990, chapter P. 13, the Council of the municipality may by by-lax\ provide tha't section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law: NOW TIIEREFOILE. thc Council of the ('orporation of the (Tit\ of Pickering ttER['~I3Y ENACTS AS Fei.LO\rS: Section 50(5) of the l'lwmin,< ,icy. R.S.(). 1~99(), chapter P.13. does not apply to the lands described as folio\rs: Lots 89 and 90. Plan 40M-1969. Picketing,. This by-law shall remain in force and cl'l'cct tbr a period of one \ear from the date of the passing of this bv-laxv and shall expire on June 2::,. 2002. BY-LAW read a first, second and third time and finally passed this 25th day of June. 2001. Wayne Arthurs, Mayor Bruce Taylor. Clerk P4101 217 ~> "</× /' oS c°r~/Oo/~  DARWIN FINCH AVENUE FINCH AVENUE ROAD -- ~---- ~-- ,--I - -- -- CRESCENT ~ Z -- Lo -- ~ :~ ---- --/ --~ I ---- --o ~ __ AvE. a_ <.~V~,,~ SmOUDS LAN~ SZROUDS ~ ~ ~ ~ ~ ~ I I I I I I I~1 I [ I I I I I City of Pickering Planning & Development Department F'-! ~o~-~ ~ ,o,s ~ ^~ ~o FiLE No. P4101.217 DATE JUN 19, 2001 THE CORPORATION OF TIlE CITY OF PICKERING BY-LAW NO. 5865/01 Being a by-law to appoint By-law Entbrccment Officers tbr certain purposes (Parking Regulation 1822 White's Rd.. Amberlea Plaz~) WItEREAS pursuant to section 15(I) of the Police Services Act., R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to entbrcc the by-laws of the municipality and WI tEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers tbr the purpose ofenlbrcing municipal by-laws: NOW TIIEREFORE TIlE C()[!NCII, ()F TI I}'; C()RP()RA'I'ION ()F TIlE CITY OF PICKER1NG ttEREBY ENAC'I'S AS t:()I,L()WS: That (~erald Robinson be hereby appointed as municipal law enlbrcement officer in and tbr the City of Pickcring in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enlbrce or carry into elliot the said Bx-la~v and is hereby authorized to enter al all reasonable thnes upon lands municipall5 known as 1822 White's Rd., Amberlca Plaza. The authority granted in section l hereto is specillcally limited to that set out in section 1, and shall not be deemed, at anx time. to exceed the authority set ()ut in section 1. This appointment shall expire upon the person listed in section 1 ceasing to be an e~nployee of Bums International Security Services or upon Bums International Security Services ceasing to be an agent of 1822 White's Rd.. Amberlea. or upon whichever shall occur lirst. BY-LAW read a Fu-st, second and third time and finally passed this 25th day of June, 2001. W:avnc Arthurs. Mayor Bruce Ta~lor. Clerk