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HomeMy WebLinkAboutMarch 19, 2001PICKERING AGENDA EXECUTIVE COMMITTEE AGENDA EXECUTIVE COMMITTEE MEETING MONDAY, MARCH 19, 2001 7:30 P.M. CHAIRMAN: Councillor Brenner (i) ADOPTION OF MINUTES Meeting of February 26, 2001 (II) 1. DELEGATIONS Roger Anderson, Regional Chair, will address the Committee with respect to issues affecting the Regional Municipality of Durham. Charles Edey, representing Ontario Power Generation, will address the Committee with respect to the wind turbine generator to be erected in Pickering. (III) MATTERS FOR CONSIDERATION PAGE OPERATIONS & EMERGENCY SERVICES REPORT OES 06-01 13 t 7970 ONTARIO INC. LEASE AGREEMENT RENEWAL 1-14 OPERATIONS & EMERGENCY SERVICES REPORT OES 08-01 WATERFRONT REGENERATION TRUST SUPERBUILD APPLICATION 15-21 2 o LEGAL REPORT L 01-01 JOHN BODDY DEVELOPMENTS LTD. LOTS 1 TO 26, INCLUSIVE AND BLOCKS 27 TO 32, INCLUSIVE PLAN 40M-t569, PtCKERING SUBDIVISION COMPLETION AND ASSUMPTION 29-35 LEGAL REPORT L 02-01 JOHN BODDY DEVELOPMENTS LTD. LOTS 1 TO 48, INCLUSIVE PLAN 40M-1627, PICKERING SUBDIVISION COMPLETION AND ASSUMPTION 36-42 LEGAL REPORT L 03-01 DURHAM CONDOMINIUM CORPORATION NO. 129 TEMPORARY LICENCE AGREEMENT 4347 o CLERKS REPORT CL 11-01 APPOINTMENTS TO ENFORCE THE PARKING BY-LAW AT DCC #61 AND 1822 WHITES ROAD 48-55 PROCLAMATIONS "EASTER SEAL MONTH'' "NATIONAL KIDS DAY" "CANCER MONTH" 56-62 (IV) CONFIDENTIAL MATTERS FOR CONSIDERATION T9 consider a Property Matter 63-67 To consider a Personnel Matter To be circulated under separate cover (V) OTHER BUSINESS AGENDA COUNCIL MEETING MARCH 19, 2001 FOLLOWING THE ADJOURNMENT OF THE REGULAR EXECUTIVE COMMITTEE MEETING ADOPTION OF MINUTES Regular Meeting of March 5, 200t Special Meeting of March 5, 2001 RESOLUTIONS To adopt the Report of the Executive Committee dated March 19, 2001. 68-69 {II1) By-LAWS By-law Number 5809/01 Being a by-law to authorize the execution of the renewal of a Lease Agreement between the Corporation of the City of Picketing and 1317970 Ontario Inc. for the 12.39 acre parcel of lands located on Brock Road (being Part of Lot 19, Concession 3, Pickering) By-law Number 5810/01 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 5811/01 Being a by-law to assume services under the jurisdiction of the City in Plan 40M-1569, Pickering. By-law NUmber 5812/01 Being a by-law to assume Lots 1-26, inclusive and Blocks 27-31, inclusive, Plan 40M- 1569, Pickering, for public use as public highways under the jurisdiction of the City. By-law Number 5813/01 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of nlaee.q of amusement. 70-71 72-73 74-75 76-77 78-79 4 By-law Number 5816/01 Being a by-law to authorize the execution of a Temporary Licence Agreement between Durham Condominium Corporation No. 129 and the City. By-law Number 5817/01 Being a by-law to appoint By-taw Enforcemem Officers for certain purposes (Parking Regulation DCC #61 and 1822 Whites Road. 84-85 86 (IV) CONFIRMATION BY-LAW ADJOURNMENT 001 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY Council should enact a By-law authorizing the renewal of the lease agreement with 1317970 Ontario Inc. for the 12.39 acre parcel of lands located on Brock Road (being Part of Lot 19, Concession 3, Pickering), at a yearly rental rate of $17,500 payable in twelve equal monthly installments of $1,458.33. 0O2 PICKERING REPORT TO COUNCIL FROM: Everett Buntsma Director, Operations & Emergency Services DATE: March 12, 2001 REPORT NUMBER: OES 06-01 SUBJECT: 1317970 Ontario Inc. - Lease Agreement Renewal File: CO1000 RECOMMENDATION: Council should enact a By-law authorizing the renewal of the lease agreement with 1317970 Ontario Inc. for the 12.39 acre parcel of lands located on Brock Road (being Part of Lot 19, Concession 3, Pickering), at a yearly rental rate of $17,500 payable in twelve equal monthly installments of $1,458.33. ORIGIN: Letter from Mr. D. Lally of 1317970 Ontario Inc. AUTHORITY: Municipal Act, R.S.O. 1990, chapter M.45, subsection 191(1) FINANCIAL IMPLICATIONS: Gross rent per year ($17,500 per year x 3 years) and realty taxes $52,500 (amount to be determined) EXECUTIVE SUMMARY: N/A Report to Council OES 06-01 Subject: Lease Agreement 1317970 Ontario Inc. Date: March 12, 2001 Page 2 003 BACKGROUND: (continued) It should be noted that this lease is being brought before Council as an extension at this time to allow the lessor an opportunity to make necessary financing arrangements with his financial institution. A minimum 3 year term is required as per information from the lessor. ATTACHMENTS: By-law Location Map Lease Agreement - 1317970 Ontario Inc. Director, Operations & Emergency-Services EB:mld Attachments Copy: Chief Administrative Officer Division Head, Municipal Property & Engineering Recommended for the consideration of Picketing City Council T,,h/o~'~ ¢. Quin~ Chi4/f Adm~ative'OI~fiLer-~ OO4 ATTACHMENT#,,,,,/ TOREPORT#D~"~' ~ "'(~ ! THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of the renewal of a Lease Agreement between the Corporation of the City of Picketing and 1317970 Ontario Inc. for the 12.39 acre parcel of lands local:ed on Brock Road (being Part of Lot 19, Concession 3, Picketing). WHEREAS, pursuant to the provisions of subsection 191 (1) MunicipaJ Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the City of Picketing rnay by by-law lease premises owned by the Corporation; NOW THEREFORE, the Council of the Corporation of the Town of Picketing hereby enacts as follows: The Mayor and Clerk are hereby authorized to execute a renewal for the Lease Agreement in the form acceptable to the Solicitor for the City for a term ending December 31, 2004, between the Corporation of the City of Pickering and 1317970 Ontario Inc. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. Wayne Arthurs, Mayor ATTACHMENT # o~, TO REPORT # ~' '~' 0~, -0 ~ // / / / / / / / DERSAN / / // / / / / / / / / / / / / / / / STREET / / / / ./ OO5 // C)~-'~ // / / / / / / \ / / / OWNED BY THE CITY OF PICKERING THIRD CC ROAD 006 ATTACHMENT # ~__~_.TO REPORT THIS LEASE made pursuant to the provisions of subsection 191 (1) of the Municipal Act, R.S.O. 1990, chapte M.45, as of the 1st day of January, 2002, BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Landlord" OF THE FIRST PART, - and- 1317970 Ontario Inc'. herein called the "Tenant" OF THE SECOND PART. In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree a; follows: 1. LEASE AND TERM (1) The Landlord hereby leases to the Tenant those lands consisting of 5,0,167.64 square metres o: rentable area located in Lot 19, Concession 3, Picketing, and comprising that part of Parts 37 ant 40, Plan 40R-6934, diagonally hatched on the sketch attached hem'to as Schedule A (hereir called the "Premises"), for a term (herein called the "Term" ) commencing on the 1st day o: January, 2002 and expiring on the 31st day of December, 2004, unless the Term is earlie~ terminated. (2) (3) If the Tenant continues to occupy the Premises after the expiration of the Term without an) further written agreement and without objection by the Landlord, the Tenant shall be a monthl3 tenant at the rent and (except as to length of tenancy) on the terms and conditions herein set om and the period of such monthly tenancy shall be considered to form part of the Term. If the Landlord, at the end of the Term hereof, determines that a golf-driving range or a miniature golf-putting facility, or both, should continue to be operated from the Premises, then the Landlord shall grant to the Tenant the first riglq~t of refusal to lease the premises, or part thereof,. from the Landlord for such purpose, subject to whatever terms and conditions the Landlord may, in its discretion, deem to be appropriate. 2. RENT (1) The amount of the rent payable by the Tenant 'to the Landlord yearly and every year during the o (3) ATTACHHENT # ~_~_.TO P, EPOP, T # 0,~'~' 0 ~ .-0 ~ 007 Rent shall be an annual rent but shall be payable by the Tenant without any prior demand of the Landlord in equal monthly installments in advance on the first day of each and every calendar month during the Term. GENERAL COVENANTS (1) The Landlord covenants with the Tenant: (a) (b) for quiet enjoyment; and to observe and perform all covenants and obligations of the Landlord herein. (2) The Tenant covenants with the Landlord: (a) (b) to pay rent; and to observe and perform all covenants and obligations of the Tenant herein. USE AND OCCUPANCY OF PREMISES The Tenant covenants with the Landlord: (a) Required and Prohibited Uses To use the Premises only for the purpose of carrying on the business of, (i) (b) (c) a golf-driving range located at least 85 metres west of Brock Road and at least 6.1 metres south of the northerly boundary of the Premises, (ii) a miniature golf-putting facility located at least 6.1 metres south of the northerly boundary of the Premises, and (ii) an accessory parking area located between the golf-driving range and Brock Road and south of the miniature golf-putting facility. Active Conduct of Business To continuously, actively and diligently carry on the business described in subclause (a) on the whole of the Premises in a reputable manner and in compliance with all the provisions of this Lease; Hours of Operation and Illumination To carry on the business only between the hours of 6:30 a.m. and 12:00 midnight, local time, and not to illuminate any sign or any part of the Premises not contained within a building or structure, except for security purposes, between 12:01 a.m. and 6:30 a.m., local time; (d) Business Name 0O8 ATT^CHHENT# ~, TOB, EPOP.,T#~"~ along the northerly boundary o1:' the Premises where that boundary abuts the golf- driving range tees, and between all tees intended for the driving of golf balls in a direction perpendiculm to Brock Road, at the Tenant's expense, (ii) to keep, renew, replace and decorate, as may from time to time be necessary for th~ purpose, all buildings, structures, screens, fences and signs on the Premises and all fixtures, furnishings, chattels and decorations therein, (iii) to keep the Premises orderly, tidy, clean and clear of all refuse, and (iv) to ~tore all refuse on the Premises in receptacles such as to provide proper storage and to facilitate its removal, and to arrange for the regular removal of such refuse. (f) By-Laws To comply at its own expense with all municipal, federal and provincial sanitary, fire and safety laws, regulations and requirements pertaining to the occupation and use of the Premises, the condition of the Leasehold Improvements, trade fixtures, furniture and equipment installed by or on behalf of the Tenant therein and the making by the Tenant of' any repairs, changes or improvements therein. 5. REPAIR AND DAMAGE The Tenant covenants with the Landlord to repair at the Tenant's own cost the Premises, including Leasehold Improvements and trade fixtures, reasonable wear and tear excepted. The Landlord may enter and view the state of repairs and the Tenant will repair according to notice in. writing, reasonable wear and tear excepted. If the Tenant shall fail to repair a?rer notice to do so, the., Landlord may effect the repairs and collect the cost thereof from the Tenant as additional rent pursuant to section 13 hereof. 6. TAXES The Tenant covenants with the Landlord to pay promptly when due to the taxing authority or authorities having jurisdiction all taxes, rates, duties, levies and assessments whatsoever, whether municipal, parliamentary or otherwise, levied, imposed or assessed in respect of the Premises and any and every business carried on in the Premises by the Tenant, or in respect of the use or occupancy thereof (including licence fees and including without limitation any GST which may be exigible). 7. LICENCES, ASSIGNMENT AND SUBLETTING (1) Licences ATTACHMENT# ..5 TO REPORT 0O9 8. SIGNS The Tenant shall be permitted to maintain an identification sign at or near the frontage of the Premises on Brock Road. Such sign shall contain only the name or style under which the Tenant is required to carry on business under the provisions of this Lease unless the Landlord shall otherwise approve in · writing, and the sign including the size, location, arrangement and type of lettering, its colour, illumination and all its other appearance and design features shall be subject to the prior written approval of the Landlord. Otherwise, except with the prior written consent of the Landlord, the Tenant shall not paint, display, inscribe, place or affix any sign, symbol, notice, lettering or display of any kind anywhere outside the Premises or within the Premises so as to be visible from the outside of the Premises with the exception of lawful signs erected on the Tenant's lands adjacent to the Premises. Should the Landlord at any time object to any sign, symbol, notice, lettering or display either affixed to or visible from the outside of the Premises, the Tenant shall remove the same forthwith upon request. 9. LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES (1) Definition of Leasehold Improvements For purposes of this Lease, the term "Leasehold Improvements" includes without limitation all fixtures, improvements, installations, alterations and additions from time to time made, erected or installed by or on behalf of the Tenant in or on the Premises, and whether or not moveable, with the exception of trade fixtures and furniture and equipment not of the nature of fixtures. (2) Installation of Improvements and Fixtures The Tenant shall not make, erect, install or alter any Leasehold Improvements or trade fixtures, including lighting, in or on the Premises without having first obtained the Landlord's written approval. The Tenant's request for any approval hereunder shall be in writing and accompanied by an adequate description of the contemplated work and, where appropriate, working drawings and specifications thereof. All work to be performed in the Premises shall be performed by competent contractors and subcontractors of whom the Landlord shall have approved, such approval not to be unreasonably withheld. All such work shall be subject to inspection by and the reasonable supervision of the Landlord, and shall be performed in accordance with any reasonable conditions or regulations imposed by the Landlord and completed in a good and workmanlike manner in accordance with the description of work approved by the Landlord. (3) Liens and Encumbrances on Improvements and Fixtures In connection with the making, erection, installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by Or for the Tenant in or on the Premises, the Tenant shall comply with all the provisions of the Construction Lien Act, and other statutes from time to time applicable thereto, including any provision requiring or enabling the retention by waY of hold-back of portions of any sums payable, and except as to any such hold- back shall promptly pay all accounts relating thereto. The Tenant shall not create any mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or, without the consent of the Landlord, with respect to its trade fixtures nor shall the Tenant take any action as a consequence of which any such mortgage, conditional sale agreement or other 010 AI'rAo-IMENT #. ~ TO REPORT#O~'~'~ any abatement, set-off or defense. This subsection shall not prevent the Tenant from mortgagin~ or encumbering its chattels, furniture or equipment not of the nature of :fixtures. (4) Removal of Improvements and Fixtures All Leasehold Improvements, trade fixtures, fimfiture and equipment shall be removed by thc Tenant from the Premises either during or at the expiration or sooner terrnination of the Term. The Tenant shall, in the case of every removal either during or at the end of the Term, make gooc at the expense of the Tenant any damage caused to the Premises by the installation and removal. 10. INSURANCE AND LIABILITY (1) Tenant's Insurance The Tenant shall take out and keep in force during the Term: (a) comprehensive insurance of the type commonly called general public liability, whicl:. shall include coverage for personal liability, contractual liability, tenants' legal liability: non-owned automobile liability, bodily injury, death and property damage, all on an occurrence basis with respect to the business carried on in or f?om the Premises and the Tenant's use and occupancy of the Premises, with coverage fi>r any one occun'ence ox claim of not less than Five Million Dollars ($5,000,000), or such other amount as the Landlord may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; and (b) insurance against such other perils and in such amounts as the Landlord may from time to time reasonably require upon not less than 90 days written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of similar properties. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or :indemnity or any other' claim over to which the insurer might otherwise be entitled against the Landlord or the agents or employees of the Landlord, and shall also contain an undertaking by the insurer that no material change adverse to the Landlord or the Tenant will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the Landlord of the intended change, lapse or cancellation. The Tenant shall furnish to the Landlord, if and whenever requested by it, certificates or other evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant and its renewal or continuation in rome, together with evidence as to the method of determination of full replacement cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and equipment, and if the Landlord reasonably concludes that the full replacement cost has been underestimated, the Tenant shall forthwith aa. range for any consequent increase in coverage required hereunder. If the Tenant shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the Landlord pursuant to the preceding ATTACHMENT # 3 'l I TO REPORT 011 (2) (3) Limitation of Landlord's Liability The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to the Tenant or its employees, invitees or licensees or any other person in, or about the Premises. Indemnity of Landlord The Tenant shall indemnify and save harmless the Landlord in respect of: (a) all claims for bodily injury or death, property damage or other loss or damage arising from the conduct of any work by or any act or omission of the Tenant or any agent, employee, contractor, invitee or licensee of the Tenant, and in respect of all costs, expenses and liabilities incurred by the Landlord in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto; (b) any loss, cost, expense or damage suffered or incurred by the Landlord arising from any breach by the Tenant of any of its covenants and obligations under this Lease; and (c) all costs, expenses and reasonable legal fees that may be incun'ed or paid by the Landlord in enforcing against the Tenant the covenants, agreements and representations of the Tenant set out in this Lease. 11. ACCESS OF LANDLORD (1) Inspection and Access The Landlord shall be permitted at any time and from time to time to enter and to have its authorized agents, employees and contractors enter the Premises for the purposes of inspection, maintenance or making repairs, and the Tenant shall provide free and unhampered access for the purpose, and shall not be entitled to compensation for any inconvenience, nuisance or discomfort caused thereby, but the Landlord in exercising its rights hereunder shall proceed to the extent reasonably possible so as to minimize interference with the Tenant's use and enjoyment of the Premises. (2) Exhibiting Premises The Landlord and its authorized agents and employees shall be permitted entry to the Premises during the last six ( 6 ) months of the Term for the purpose of exhibiting them to prospective tenants. 12. DELAY AND NON-WAIVER (1) Unavoidable Delay Except as herein otherwise expressly provided, if and whenever and to the extent that either the 012 (iv) other avoidable occurrence, the time for fulfillment of such obligation shall be extended during the period in which sucl circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other parr shall not be entitled to compensation for any inconvenience, nuisa~ace or discomfort therebI occasioned. (2) Waiver If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breacl or non-observance by the other of any obligation hereunder, this shall not operate as a waiver o such obligation in respect of any continuing or subsequent default, breach or non-observance and no such waiver shall be implied but shall only be effective if expressed in writing. 13. REMEDIES OF LANDLORD (1) In addition to all rights and remedies of the Landlord available to it in the event of any defaul hereunder by the Tenant through improper compliance or non-compliance with any obligatiot arising either under this or any other provision of this Lease or under statute or the general la~ the Landlord, (a) shall have the right at all times to remedy or attempt to remedy any default of the Tenant and in so doing may make any payments due or alleged to be ,flue by the Tenant to thirc parties and may enter upon the Premises to do any work or olther things therein, and ir such event all expenses of the Landlord in remedying or attempting to remedy suc[ default shall be payable by the Tenant To the Landlord as additional rent forthwith upor demand; (b) shall have the same rights and remedies in the event of any non.-payment by the Tenant o~ any amounts payable by the Tenant under any provision of this Lease as in the case of ~ non-payment of rent; and (c) if the Tenant shall fail to pay any rent or other amount from time to time payable by it tc the Landlord hereunder promptly when due, shall be entitled, if it shall demand it, tc interest thereon at a rate of three per cent (3%) per annum in excess of the minimum lending rate to prime commercial borrowers from time to time current at the Town's bank from the date upon which the same was due until I actual payment thereof. (2) Remedies Cumulative The Landlord may from time to time resort to any or all of the rights and remedies available to il in the event of any default hereunder by the Tenant, through improper compliance or non- compliance with any obligation arising either under any provision of this Lease or under statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or the general law. (4) (5) ATTACHMENT:/:/: ,.~ ~ ~?~REPORT#_O~ I~'"0, c] 0]_3 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. Termination and Re-Entry If and whenever the Landlord becomes entitled to re-enter upon the Premises under any provision of this Lease the Landlord, in addition to all other rights and remedies, shall have the right to terminate this Lease forthwith by leaVing upon the Premises notice in writing of such termination. Payment of Rent, etc. on Termination Upon the giving by the Landlord of a notice in writing terminating this Lease, whether pursuant to this or any other provision of this Lease, this Lease and the Term shall terminate, rent and any other payments for which the Tenant is liable under this Lease shall be computed, apportioned and paid in full to the date of such termination, and the Tenant shall immediately deliver up possession of the Premises to the Landlord, and the Landlord may re-enter and take possession of them. 14. IMPROPER USE OF PREMISES; BANKRUPTCY In case without the written consent of the Landlord the Premises shall be used by any other persons than the Tenant or for any purpose other than that for which they were leased, or occupied by any persons whose occupancy is prohibited by this Lease, or if the Premises shall be vacated or abandoned, or remain unoccupied for fifteen (15) days or more while capable of being occupied; or if the balance of the Term or any of the goods and chattels of the Tenant shall at any time be seized in execution or attachment, or if the Tenant shall make any assignment for the benefit of creditors or any bulk sale, become bankrupt or insolvent or take the benefit of any statute now or hereafter in force for bankrupt or insolvent debtors, then in any such case the Landlord may at its option terminate this Lease by leaving upon the Piemises notice in writing of such termination and thereupon, in addition to the payment by the Tenant of rent and other payments for which the Tenant is liable under this Lease, rent for the current month and the next ensuing three (3) months shall immediately become due and paid by the Tenant. 15. MISCELLANEOUS PROVISIONS (1) Registration of Lease Neither the Tenant nor the Landlord shall register this Lease or a notice of this Lease. (2) Lease Constitutes Entire Agreement There are no covenants, representations, warranties, agreements or conditions express or implied, collateral or otherwise forming part of or in any way affecting or relating to this Lease save as expressly set out in this Lease; this Lease constitutes the entire agreement between the Landlord and the Tenant and may not be modified except as herein explicitly provided or except by agreement in writing executed by the Landlord and the Tenant. 014 Every such notice shall be deemed to have been given when delivered or, if mailed as aforesai4 upon the day after the day it is mailed. Either party may from time to time by notice in writing t, the other, designate another address in Canada as the address to which notices are to be mailed t, it. (4) Interpretation All of the provisions of this Lease are to be construed as covenants and agreements as thougl words importing such covenants and agreements were used in each separate provision hereoJ and the captions appearing for the provisions of this Lease have been inserted as a matter o convenience and for reference only and in no way define, limit or enlarge the scope or meaninl of this Lease or of any provision hereof. (5) Extent of Lease Obligations This Lease and everything herein contained shall inure to the benefit of and be binding upon th~ respective heirs, executors, administrators and other legal representatives, as the case may be, o each party hereto, and every reference here:in to any party hereto shall include the heirs executors, administrators, and other legal representatives of such party. IN WITNESS WHEREOF the Landlord has hereunto affixed its Corporate Seal attested to by the hands of it~ authorized officers, and the Tenant has affixed his hand and seal. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk 1317970 Ontario Inc. (Mr. D. Lally) L8301 015 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That the Council of the Corporation of the City of Pickering pass the following resolution to support the Waterfront Regeneration Trust application for funding under the Ontario SuperBuild Program: "Be it resolved that the Council of the City of Pickering support the Letter of Intent of Water~ont Regeneration Trust as to a Joint Funding Submission for the Petticoat Creek Bridge Project. The municipality acknowledges a financial commitment of 50% of the approved expenditure under the SuperBuild Fund." 0].6 REPORT TO COUNCIL FROM: Everett Buntsma Director, Operations & Emergency Services DATE: March 5, 2001 REPORT NUMBER: OES 08-01 SUBJECT: Waterfront Regeneration Trust - SuperBuild Application - File: OES4000 RECOMMENDATION: That Council pass the following Resolution to support the Waterfront Regeneration Trust application for funding under the Ontario SuperBuild Program. "Be it resolved that the Council of the City of' Picketing support the Letter of Intent of Waterfront Regeneration Trust as to a Joint Funding Submission for the Petticoat Creek Bridge Project. The municipality acknowledges a financial commitment of 50% of the approved expenditure under the SuperBuild Fund". ORIGIN: Request from the Waterfront Regeneration Trust AUTHORITY: Municipal Act FINANCIAL IMPLICATIONS: 2001 - 2002 Waterfront Trail $700,000 EXECUTIVE SUMMARY: Not Applicable Report to Council OES 08-01 Subject: Waterfront Regeneration Trust Date: March 5,2001 Page 2 017 The Operations & Emergency Services Department submitted a budget and project synopsis in January to the Trust and if successful, the City may receive up to $644,000 towards the estimated $1.4 million dollar cost. Notwithstanding the Trust has assured the Department that this application will not affect our Corporate submission of Priority #1 project, The Don Beer Arena Renovation and Addition Project. To complete our information to the Trust there is a requirement for a Resolution of Council supporting the Trust's initiative. The approval of the resolution will reinforce Council's support of the Trust application and its commitment to the Pickering Waterfront Trail. ATTACHMENTS' Letter of Intent - Waterfront Regeneration Trust Correspondence - outlines need for Resolution Prepared ~,,~ Z'~ett ~'ma Director, Operations & Emergency Services EB:mld Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Th~'n~a'/s Jj Q '~f~Zk/dministr~fficer, 018 February2,2001 Waterfront Regeneration Trust Ontario SuperBuild Corporation Frost Bui!dingSouth, 6th floor 7 Queen's Park Crescent' Toronto, .Ontario M7A 1Y7' Dear Sirs, ... · Re: 'LETTER OF INTENT; SUPERBUIZD SPORTS, .CULTURE AND TOURISM PARTNERSHIPS . (SCTP) INITIATIVE The Waterfront Regeneration Trust (WRT) is pleased to submit this Letter of'Intent to SuperBuild Corporation for Round One of the Sports, Culture and Tourism Partnerships (SCTP) Initiative. .The Waterfront Regeneration Trust is a private'no~-/'or-pr0fit C0tporation whose primary mission is the regeneration .of the Lake Ontario Waterfront and associated lands. Our proposal is directed to the Provincial stream Of the Initiative, and reconmaends that SuperBuild, together with 39 local partners coordinated by the Waterfront Regeneration Trust. invest in renewal, improvement and expansion of, a major provincial asset, the multiPurpose.Lake Ontario Waterfront Trail. ' ~ The Lake Ontario'Waterfront GreenWay The Waterfront Trail is the backbone of the Lake Ontario Waterfront Greenway. Since its inception ten years ago, the Greenway and the Trail have gained international recognition and awards as a. model of excellence for waterfront deVelopment. The. Waterfront Trail Guidebook is'in demand across Canada and the United States. The Greenway attracts hundreds of thousands of users, and hosts an abundance of events and festivals from one end of the Lake to the other. The foundation for this shared achievement was a partnership, that combined provincial leadership with local enterprise and diversity. With the leverage' provided by$12 million of provincial funding the Trust and its local partners were able to generate an additional ·$24 million from 'other contributors to establish the first wave of investment/ri the Trail. The resulting Greenwdy now stretches along 325 of the 650 kilometre waterfront, from Gananoqu~ and Kingston in the east to Fort Erie in the west, with connections to New York State's Seaway Trail at [Doth ends As a multi-purpose facility, the Trail and Greenway satisfy a broad range of needs and objectives. It incorporates and connects sports, recreational, cultural, tourism 'and other dements as-. it passes through the different places and landscapes along the waterfront. Collectively these elements provide; · Diverse recreation facilities, · Environmental protection, · Local and regional economic development, · Outdoor education, · Local quality oflife, and · Tourism opportunities. 207 Queeng Quay West, Suite. 403, Bo~x 129, Toronto, Ontario MSJ lA7 Phone (416) 943-8080 Fax (416) 943-8068 Website: .www. waterfronttrust.com ATTACHHENT# ·/ TO REPORT #O~,~'Z~ ~C / Geographical Scope The geographical scope of this proposal includes communities along the 650kin Lake Ontario Waterfi-ont fi.om Gananoque to Niagara on the Lake. It also includes the Regional Niagara communities of Fort Erie, Port Colbome, Wainfleet and Welland whose waterfronts and trail connections will benefit very substantially when linked to the .Waterfront Trail. The proposal excludes theamalgamated City of Toronto. Toronto's negotiations with the Province and the federal government with respect to a variety of revitalization initiatives are expected to include of the Waterfront Trail in that part of the waterfront. Our proposal also excludes the. City of Niagara Falls, whose waterfront is well developed and maintained by the Niagara Parks Commission. However, the trail connections to both the Waterfront Trail as it passes .through Toronto, and the high-quality Niagara Parkway trail system are an important consideration. The Board of Directors of the Waterfront Regeneration Trust has endorsed this proposal as the Trust's highest sports, culture and tourism infrastructure priority. We trust that the proposal meets the criteria established for the SCTP Initiative. A single project that serves five million plus people offers a big return on SuperBuild's investment. We look forward to the opportunity .to submit a comprehensive project application and detailed business plan by March 31 2001. Sincerely, D. Keith Laushway Chair Elizabeth Benson Executive Director 020 ATTACHMENT # c~ .TO REPORT Page 1 of 2 Buntsma,. Everett From: Marlaine Koehler [mkoehler@istar.ca] Sent: Thursday, March 01, 2001 1:19 AM To: Cynthia Strike, Clarington; Judith Barker, Whitby Heritage; Brace Carr, Mississauga; Chds Conti, Second Marsh; Shirley Bailey, Cataraqui; Jim Kelleher; Doug Moses, Belleville; Pat Rutherford, Nawautin Dev.; ~Terrance Korotki, Haldimand; Noel Hutchinson, Second Marsh; Bruce JohnSon, Ajax; Everett Buntsma, Picketing; David Carter, Oakville Heritage Trails; Barry Coopersmith, Hamilton; Bob Perkins, Oakville; Brian Hughes, Niagara Region; Bruce Atkinson, Grimsby; Chuck Miller, .Port Colborne; Darcy Baker, .Niagara .Peninsula CA; Kathleen Dale, Lincoln; Ken Forgeron, Niagara Region; Kevin Fitzpatrick, St. Catharines Rotary; Patrick RobsOn, Wainfleet; Scott Konkle, HRCA Cc: Beth Benson; Suzanne Barrett Subject: Next Steps for superBuild Application Hello everyone: Thank you for your tremendous.help in completing the letter of.intent. I expect that most of you have received your copy of the-letter for your records. As you will have seen, the letter promises an exciting and ambitious program that will see major-results along the' Lake Ontario wate~ont. You may be aware that the Trust sent out.letters to all the MPPs along the waterfront informing them of our joint application. The SuperBuild Fund does not expect to ha~e sent responses to the Letter of Intent until the end of the week. However, they did explain that: the screening process is more inclusive rather than exclusive; · the business plan outline described in the Guidelines will not change; and · many organizations are proceeding with the preparatiOn of the business the plato Bearing all this in mind, and in anticipation of receiving an invitation to participate in the. next phase, would you please review the Guidelines and begin to, .assemble the information required for the business plan. You should have a copy of the Guidelines in the first package sent to you..Ifyou do not have them, you can get them from the SuperBuild website at www. superbuild, gov. on. ca or call Denine 416-943-8080 ext. 321 for a copy. To meet SuperBuild's March'31st deadline, the Trust will need aH infmqnation by Friday March 16th: Also Council resolutions for all projects are required. A template for the resolution is also in the Guidelines. If you have not yet forwarded a resolution, please let us know x~rhen you expect to be in a position to do so. Would you'also let us know whether you have made another submission to the SuperBuild fund and the name of the project for which you submitted. 3/5/01 ~,TTACHMENT # c~ TO REPORT # ~Zff~EL-~-ct / Page 2 of 2 .021 To meet the challenge of~e dea~e, ~e T~ ~ ~ rec~ ~o~er t~ mem~r who ~ ~e ~e role of mord~t~ the bmhess p~ ~th the p~icipathg p~ners. We ~ ~ h touch soon Mth more det~. Looking forward to working with you, Marlaine Koehler and David Carter 3/5/01 022 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 08/00 of the Director, Corporate Services & Treasm'er be received and that the write-offs of taxeS due to change in as~ssment as provided untder Section 442 of the Municipal Act R.S.O. 1990 as amended be approved. PICKERING REPORT TO COUNCIL 023 FROM: Gillis A. Paterson Director, Corporate Services & Treasurer DATE: March 7, 2001 REPORT NUMBER: CS 08-01 SUBJECT: Section 442/443 of the Municipal Act - Adjustment to Taxes RECOMMENDATION: That Report CS 08/00 of the Director, Corporate Services & Treasurer be received and that the write-offs of taxes due to change in assessment as provided under Section 442 of the Municipal Act R.S.O. 1990 as amended be approved. ORIGIN: Director, Corporate Services & Treasurer AUTHORITY: The Municipal Act, R.S.O. 1990, as amended, Section 442 FINANCIAL IMPLICATIONS: If approved, the write-off of taxes as contained in this report represents a gross cost of $16,738.45, with a net cost to the City of approximately $4,185, the balance being charged back to the Region of Durham and the School Boards. Pickering's share of the cost will be charged to the 2001 Current Budget allocation under General Government- Provision for Uncollectable Taxes. EXECUTWE SUMMARY: Not Applicable BACKGROUND: The reduction of taxes due to fire, demolition, exemption, assessment change or error is 024 Report to Council CS 08-00 Subject: Section 442/443 of the Municipal Act - Adjustment to Taxes Date: March 7, 2001 Page 2 ATTACHMENTS: 1. Section 442 Adjustment to Taxes dated March 19, 2001 Prepared By: Marlene Van Riesen, Coordinator, Taxation Services Approved / Endorsed By: Gillis A. Paterson, Director, Corporate Services & Treasurer~ GAP:vw Attachment Recommended for the consideration of Pickering City Council ....... ,/ ------1 --t~-.. ~/' /c'~-/. > '--~ ---,~,.- ~" [ 'N /'l',,-f' x ,,,-' ,,,,,f~,~ .- - ~ ~,t...-! , ~ , , ~ .' ThCmis J. Quinn,:dhief': dminis ve Offerer ATTACHMENT #J TO REPORT# CITY OF PICKER.ING' 025 APP # NAME SECTION 442 ADJUSTMENTS TO TAXES MARCH 19, 2001 REASON FOR ADJUSTMENT YEAR CODE ROLL NUMBER AMOUNT 76100 77/00 79/00 80~00 81100 00100 68100 70/00 70/00 70/00 48/00 83/00 83100 83~00 00/00 00/00 84100 85/00 86~00 72/00 73100 00/00 75~00 01/00 09/01 09/01 03/01 16101 16/01 MAXCON DEV LTD MAXCON DEV LTD VAN ROOY, HELEN VAN ROOY, HELEN VAN ROOY, HELEN TRANSPORTATION MIN CAMPITELLI, FRED DESSON, THOMAS/MARION DESSON, THOMAS/MARION DESSON, THOMAS/MARION LENNOX, WILLIAM HAZELL/RICHARDS HAZELL/RICHARDS HAZELL/RICHARDS PUBLIC WORKS CANADA PICKERING AUTO BODY GAFFNEY, MARTIN GAFFNEY, MARTIN GAFFNEY, MARTIN VAN BELKOM, M MURPHY, JOHN 526089 ONT LTD CLAREMONT ESTATES FARRELL GRANT/KAREN LAMANNA, ROCCOIANAN LAMANNA, ROCCO/ANAN EGERTON-JONES, lAN CAMARA EMANUEL/VICKIE CAMARA EMANUEL/VICKIE ASSESSMENT DEPT ERROR ASSESSMENT DEPT ERROR GARAGE DEMOLITION GARAGE DEMOLITION GARAGE DEMOLITION UNCOLLECTABLE ASSESSMENT DEPT ERROR ASSESSMENT DEPT ERROR ASSESSMENT DEPT ERROR ASSESSMENT DEPT ERROR DEMOMTION ASSESSMENT DEPT ERROR ASSESSMENT DEPT ERROR ASSESSMENT DEPT ERROR UNCOLLECTABLE UNCOLLECTABLE HOUSE DEMOLISHED HOUSE DEMOLISHED SOLD TO CITY EXEMPT ASSESSMENT DEPT ERROR ASSESSMENT DEPT ERROR UNABLE TO COLLECT ASSESSMENT DEPT ERROR SOLD TO CITY EXEMPT ASSESSMENT DEPT ERROR ASSESSMENT DEPT ERROR DEMOLITION DEMOLITION DEMOLITION 2000 2000 1998 1999 2000 1998 2000 1998 1999 20OO 2000 1998 1999 2000 1997 1997 1999 2000 2000 2000 2000 1998 2000 2000 1999 2000 2000 1999 2000 RTS 030-020-22624 RTS 030-020-22622 RTP 030-002-16900 RTP 030-002-16900 RTP 030-002-16900 RTP 010-039-15100 MTP 020-016-29960 CTN 030-004-12600 CTN 030-004-12600 CTN 030-004-12600 RTP 030-007-32800 RTS 020-016-40030 RTP 020-016-40030 RTP 020-016-40030 RTP 030-002-10100 CTN 020-016-13430-0003 RTS 010-019-20200 RTS 010-019-20200 RTS 010..019-20200 RTP 020-017-40899 RTP 020-017-40894 RTP 030-020-14404 RTP 030-002-08120 RTP 030-002-07442 RTP 010-021-15600 RTP 010-021-15600 RTP 020-024-88100 RTP 010-019-18200 RTP 010-019-18200 1,129.70 1,129.70 185.96 181.95 180.75 537.35 2,463.30 1,446.94 1,481.49 1,478.29 377.45 15.50 15.1 15.06 t,701.14 28.77 10.14 30.12 15.06 593.92 668.66 138.83 1,973.21 14.85 121.30 120.50 60.58 231.14 391.63 16 738.45 026 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY It is recommended that Report CS 09-01 of the Director, Corporate SelMces & Treasurer be received and forwarded to Council for information. PICKERING REPORT TO COUNCIL 027 FROM: Gillis A. Paterson Director, Corporate Services & Treasurer DATE: March 6, 2001 REPORT NUMBER: CS 09-01 SUBJECT: Confirmation of Comprehensive Crime Insurance for 2001 RECOMMENDATIONS: It is recommended that Report CS 09-01 of the Director, Corporate Services & Treasurer be received and forwarded to Council for information. ORIGIN: Director, Corporate Services & Treasurer AUTHORITY: The Municipal Act, R.S.O. 1990, as amended, Section 92 FINANCIAL IMPLICATIONS: The purchase of Comprehensive Budget. Crime Insurance is included in the City's Annual Current EXECUTWE SUMMARY: Not applicable BACKGROUND: Section 92 of the Municipal Act, R.S.O. 1990, as amended, states in part: "(1) Every treasurer, deputy treasurer and collector and every other corporation, as the council may require,.., shall give annually such council directs for the faithful performance of such duties... (2) The security to be given shall be by the bond of an insurer... officer of the security as the 028 Report to Council CS 09-01 Subject: Confirmation of Comprehensive Crime Insurance for 2001 Date: March 6, 2001 Page 2 In addition, the Director, Corporate Services & Treasurer, Manager, Acco~mting Services, and Manager, Financial Services, when acting with respect to any agency or board are bonded in the same amount and manner as when acting in the capacity of officers of the City of Pickering. This report confirms that the above mentioned coverage with a limit of $2,000,000.00 is currently in place with the C.G.U. Insurance Company of Canada, The Guarantee Company of North America and Lombard General Insurance Company of Canada for the period July 1, 2000 to July 1, 2001, inclusive at a premium of $5,145.00 plus PST of $4111.60 for a total of $5,556.60. ATTACHMENTS: Not Applicable Prepared/Approved / Endorsed BY: '-'~'0aillis A. Paterson, Director, Corporate Set, Aces & Treasurer Recommended for the consideration of Pickering City Council Tl'fo~as J. Quii:/n, Cti~ef Admin~rative Ot~cer RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY By-laws should be enacted: 1. to assume City roads in Plan 40M-1569, Pickering; 2. to assume City services installed in the development Pickering; 3. to amend By-law 1416/82 (Places of Amusement); of Plan 40M-1569, to recognize the completion of the project comprising Plan 40M-1569, Pickering. 030 PICKERING REPORT TO COUNCIL FROM: John Reble Solicitor for the City DATE: February 12, 2001 REPORT NUMBER: L01-01 SUBJECT: John Boddy Developments Ltd. - Lots 1 to 26, inclusive and Blocks 27 to 32, inclusive - Plan 40M-1569, Pickering - Subdivision Completion and Assumption RECOMMENDATION: By-laws should be enacted: to assume City roads in Plan 40M-1569, Pickering; to assume City services installed in the development of Plan 40M-1569, Pickering; to amend By-law 1416/82 (Places of Amusement); to recognize the completion of the project comprising Plan 40M-1569, Pickering. ORIGIN: 1. Subdivision Agreement dated May 16, 1988. 2. Completion of project. AUTHORITY: ° o Land Titles Act, R.S.O. 1990, chapter L.5, section 152. Municipal Act, R.S.O. 1990, chapter M.45, sections 262, 263. Regional Municipalities Act, R.S.O. 1990, chapter R.8, section 23. Surveys Act, R.S.O. 1990, chapter S.30, section 57. Municipal Act, R.S.O. 1990, chapter M.45, sections 263,284, 286, 297, 314.7. Planning Act, R.S.O. 1990, chapter P.13, section 51. Regional Municipalities Act, R.S.O. 1990, chapter R.8, sections 28, 72. MunicipalAct, R.S.O. 1990 chapter M.45, section 236.6. FINANCIAL IMPLICATIONS: There are no new financial implications to the City as a result of this recommendation. 031 Report to Council L01-01 Subject: Subdivision Completion and assumption February 12, 2001 Page 2 In addition, other by-laws must be enacted to allow the various City departments to close their files and to amend existing municipal legislation to reflect new circumstances created by this project's development. It is therefore recommended that the 3 draft by-laws attached hereto be enacted. ATTACHMENTS: 2. 3. 4. Prepared By: Draft by-law to assume roads. Draft by-law to assume services. Draft by-law to amend By-law 1416/82 (Places of Amusement). Location Map/Site Sketch. Approv~'~. JohnReble ~ -x.,~ JEP Attachments Copy: Chief Administrative Officer Director, Planning & Development Recommended for the consideration of Pickering City Council Tho~n~ J. Quinn, []~ief A/dminis.~ve, Qfficer/ - Recommendation approved as i'~effects: Chief Administrative Officer City Clerk Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer 032 ATTACHMENT #_] r~-; ~,r.,..,OR? #1oaiz- o\ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to assume Lots 1-26, inclusive and Block~' 27-32, inclusive, Plan 40M-1569; Pickering, for public' use as public highways under the jurisdiction of the City. WHEREAS, Brookshire Square is a highway shown on a plan of subdivision and are therefore deemed, pursuant to the Surveys Act, R.S.O. 1990, chapter S.30, section 57, to be a public highway; and WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, chapter M.45, section 263, the Council of The Corporation of the City of Picketing has jurisdiction over that highway (the Council of The Regional Municipality of Durham not having enacted a by-law pursuant to the Regio~,al Municipalities Act, R.S.O. 1990, chapter R. 8, section 23, to add that highway to the regional road system); and WHEREAS, pursuant to the Municipal Act, section 262, the soil and freehold of that highway is therefore vested in The Corporation of the City of Pickering; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The following highway .is hereby assumed for public use as a public highway under the jurisdiction of the Council of The Corporation of the City of Picketing: Brookshire Square according to Plan 40M-1569, City of Picketing, Regional Municipality of Durham. The City Solicitor is hereby authorized to apply to the Land Registrar pursuant to the Land Titles Act, R.S.O. 1990, chapter L.5, section 152, to have the Corporation entered as the owner of the highway referred to in section 1. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. ATTACHMENT ~':. ~ ' ~.~- ox THE CORPORATION OF THE CITY OF PICKERING 033 BY-LAW NO. Being a by-law to assume services under the jurisdiction of the City in Plan 40M-1569, Picketing. WHEREAS, pursuant to, where applicable, the Municipal Act, R.S.O. 1990, chapter M.45, sections 263, 284 286, 297, and 314.7, the Planning Act, R.S.O. 1990, chapter P.13, section 51, the Regional Municipalities Act, R.S.O. 1990, chapter R.8, sections 28 and 72 and the Agreement dated the 16th day of May, 1988 (Notice of which was registered on January 4th, 1989 as Instrument No. LT426679 between John Boddy Developments Ltd. and The Corporation of the City of Picketing), above ground and underground services under the jurisdiction of the City in Plan 40M-1569, Pickering, have been completed to its satisfaction; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City, that are required to be constructed or installed in the development of Plan 40M-1569, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, located on lands that are both, (a) dedicated to or owned by the City, the Regional Municipality of Durham or the Province of Ontario, and (b) in Plan 40M-1569, Pickering, or immediately adjacent thereto, are hereby accepted by the City and assumed by it for maintenance, as of February 22, 1994. The underground services under the jurisdiction of the City that are required to be constructed or installed in the development of Plan 40M-1569, Pickering, including the storm drainage system and related appurtenances, located on lands that are both, (a) dedicated to or owned by the City, the Regional Municipality of Durham or the Province of Ontario, and (b) in Plan 40M-1569, Pickering, or immediately adjacent thereto, are hereby accepted by the City and assumed by it for maintenance as of December 16, 1991. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. 034 ATTACHMENT e._~.. ...... :,:~'?:" ~'~ ].0~.: 0 \ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS, pursuant to the Municipal Act, R.S.O. 1990,. chapter M.45, section 236.6, the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following item: Brookshire Square, Plan 40M-1569, Pickering BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk FINCH AVENUE FINCH AVENUE TAPLIN DRIVE GLENANNA ROAD GABLEHUR: ROAD SQUARE REET HEDGEROW STROUDS VOYAGER ~VE. BONITA AVENUE LANE GLENANNA AVENUE JACQUELINE WELRUS STREET COURT {ROOK C.N.R. DUNBARTO 036 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY By-laws should be enacted: 1. to assume City roads in Plan 40M-1627, Pickering; 2. to assume City services installed in the development Pickering; 3. to amend By-law 1416/82 (Places of Amusement); of Plan 40M-1627, to recognize the completion of the project comprising Plan 40M-1627, Pickering. REPORT TO COUNCIL 037 FROM: John Reble Solicitor for the City DATE: February 13, 2001 REPORT NUMBER: L02-01 SUBJECT: John Boddy Developments Ltd. - Lots 1 to 48, inclusive - Plan 40M-1627, Pickering - Subdivision Completion and Assumption RECOMMENDATION: By-laws should be enacted: to assume City roads in Plan 40M-1627, Pickering; to assume City services installed in the development of Plan 40M-1627, Pickering; to amend By-law 1416/82 (Places of Amusement); to recognize the completion of the project comprising Plan 40M-1627, Pickering. ORIGIN: 1. Subdivision Agreement dated November 28, 1988. 2. Completion of project. AUTHORITY: Land Titles Act, R.S.O. 1990, chapter L.5, section 152. Municipal Act, R.S.O. 1990, chapter M.45, sections 262, 263. Regional Municipalities Act, R.S.O. 1990, chapter R.8, section 23. Surveys Act, R.S.O. 1990, chapter S.30, section 57. MunicipalAct, R.S.O. 1990, chapter M.45, sections 263,284, 286, 297, 314.7. Planning Act, R.S.O. 1990, chapter P.13, section 51. Regional Municipalities Act, R.S.O. 1990, chapter R.8, sections 28, 72. Municipal Act, R.S.O. 1990 chapter M.45, section 236.6. FINANCIAL IMPLICATIONS: There are no new financial implications to the City as a result of this recommendation. O38 Report to Council L02-01 Subject: Subdivision Completion and assumption February 13, 2001 Page 2 In addition, other by-laws must be enacted to allow the various City departments to close their files and to amend existing municipal legislation to reflect new circumstances created by this project's development. It is therefore recommended that the 3 draft by-laws attached hereto be enacted. ATTACHMENTS: o 2. 3. 4. Draft by-law to assume roads. Draft by-law to assume services. Draft by-law to amend By-law 1416/82 (Places of Amusement). Location Map/Site Sketch. Prepared ~y,~: Approved / / JEP Attachments Copy: Chief Administrative Officer Director, Planning & Development Recommended for the consideration of Pickering City Council Thomas*J. Quinn, 03ief Administrative ~ /I Recommendation approved as it effects: Chief Administrative Officer City Clerk Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer ATTACHME;'4T ~._J '~-0 REPORT# THE CORPORATION OF THE CITY OF PICKERING 039 BY-LAW NO. Being a by-law to assume Lots 1-48, inclusive, Plan 40M- 1627, Pickering, for public use as public highways under the jurisdiction of the City. WHEREAS, Duneannon Drive and Grafton Court are highways shown on a plan of subdivision and are therefore deemed, pursuant to the Surveys Act, R.S.O. 1990, chapter S.30, section 57, to be public highways; and WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, chapter M.45, section 263, the Council of The Corporation of the City of Pickering has jurisdiction over those highways (the Cotmcil of The Regional Municipality of Durham not having enacted a by-law pursuant to the Regional Municipalities Act, R.S.O. 1990, chapter R.8, section 23, to add those highways to the regional road system); and WHEREAS, pursuant to the Municipal Act, section 262, the soil and freehold of those highways are therefore vested in The Corporation of the City of Pickering;. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The following highways are hereby assumed for public use as public highways under the jurisdiction of the Council of The Corporation of the City of Pickering: Duncannon Drive and Grafton Court both according to Plan 40M-1627, City of Pickering, Regional Municipality of Durham. ° The City Solicitor is hereby authorized to apply to the Land Registrar pursuant to the Land Titles Act, R.S.O. 1990, chapter L.5, section 152, to have the Corporation entered as the owner of the highways referred to in section 1. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. 04O ATTACHMENT #~__.'i'O REPORT# THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to assume services under the jurisdictio;n of the City in Plan 40M-1627, Pickering. WHEREAS, pursuant to, where applicable, the Municipal Act, R.S.O. 1990, chapter M.45, sections 263, 284 286, 297, and 314.7, the Planning Act, R.S.O. 1990, chapter P.13, section 51, the Regional Municipalities Act, R.S.O. 1990, chapter R. 8, sections 28 and 72 and the Agree:ment dated the 28th day of November, 1988 (Notice of which was registered on March 30, 1990 as Instrument No. LT496862 between John Boddy Developments Ltd. and The Corporation of the City of Picketing), above ground and underground services under the jurisdiction of the City in Plan 40M-1627, Picketing, have been completed to its satisfaction; NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City, that are required to be constructed or installed in the development of Plan 40M-1627, Picketing, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, located on lands that are both, (a) dedicated to or owned by the City, the Regional Municipality of Durham or the Province of Ontario, and (b) in Plan 40M-1627, Picketing, or immediately adjacent thereto, are hereby accepted by the City and assumed by it for maintenance, as of February 19, 1996. The underground services under the jurisdiction of the City that are required to be constructed or installed in the development of Plan 40M-1627, Picketing, including the storm drainage system and related appurtenances, located on lands that are both, (a) dedicated to or owned by the City, the Regional Municipality of Durham or the Province of Ontario, and (b) in Plan 40M-1627, Picketing, or immediately adjacent thereto, are hereby accepted by the City and assumed by it for maintenance as of February 19, 1996. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. ATTACH Fl E N't' ~'::,_~__ TO REPORT THE CORPORATION OF THE CITY OF PICKERING 041 BY-LAW NO. Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, chapter M.45, section 236.6, the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following item: Duncannon Drive and Grafton Court, Plan 40M-1627, Pickering BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk CHERRYWOOD TRANSFORMER STATION M~DOWLANt MAPLE GATE HEIGHTS =RESCENT MAPLE IIII RIDGE DRIVE UE FINCH AVENUE SQUARE FINCH RiDGEWOOD KITLEY AVE. 043 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Council enact a by-law authorizing the execution of a Temporary Licence Agreement between the City and Durham Condominium Corporation No. 129 (located at Bayly Street and West Shore Boulevard) that would enable the City to gain access to the Amberlea Creek through the Condominium Corporation's lands to implement bank and erosion protection works. O44 REPORT TO COUNCIL FROM: John Reble Solicitor for the City DATE: March 7, 2001 REPORT NUMBER: L03-01 SUBJECT: Durham Condominium Corporation No. 129 - Temporary Licence Agreement - File:V0102 RECOMMENDATION: That Council enact a by-law authorizing the execution of a Temporary Licence Agreement between the City and Durham Condominium Corporation No. 129 (located at Bayly Street and West Shore Boulevard) that would enable the City to gain access to the Amberlea Creek through the Condominium Corporation's lands to implement bank and erosion protection works. ORIGIN: Request from the Director, Operations and Emergency Services. AUTHORITY: Municipal Act, R.S.O. 1990, chapter M.45, section 191. FINANCIAL IMPLICATIONS: and erosion works is $85,000. Resolution 24/01, item #3. It is estimated that 'the cost to complete the: bank stabilization The cost for this project was approved March 5, 2001 by EXECUTIVE SUMMARY: N/A BACKGROUND: It has been identified that works are required to stabilize the bank and implement erosion protection measures to the Amberlea Creek, downstream of Bayly Street. The Creek corridor parallels Vistula Drive abutting the rear lots on the north side of the street and recently, extensive erosion is jeopardizing the rear yard of the residential property located at 920 Vistula Drive. A site meeting was conducted with a representative from TRCA to determine the complexity of the works and it was determined by TRCA at that time that access to the Amberlea Creek should be through the Condominium Complex located at 905 Bayly Street. Access through the Condominium Corporation's lands provides the most direct route to the problem area and allows for the least amount of disruption to the existing vegetation. Report to Council L03-01 Subject: Durham Condominium Corporation No. 129 Temporary Licence Agreement Date: March 7, 2001 Page 2 045 As access must be gained through the Condominium Corporation's lands, it is necessary to enter into a Temporary Licence Agreement with the Durham Condominium Corporation No. 129, for access purposes through the Condominium Corporation's lands. Enactment of the draft by-law will authorize the execution of the Temporary Licence Agreement. ATTACHMENTS: Draft by-law. Site Sketch/Location Mapping. / Prepared By: A~ Denise By0r John Reble DB:lc Attachments Copy: Chief Administrative Officer Director, Operations and Emergency Services Recommended for the consideration of Pickering City Council Tfiom~s J. Quint, ChieYAdminis~e Officer- n~dBy: 046 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of a Temporary Licence Agreement between Durham Condominium Corporation No. 129 and the City. WHEREAS the Durham Condominium Corporation No. 129 is the owner of the condolninium complex located at 905 Bayly Street and which lands lie directly adjacent to lands owned by the City; AND WHEREAS it has been determined that bank stabilization and erosion works must be undertaken on the lands owned by the City and that access to City lands must be through the Condominium Corporation's lands; AND WHEREAS, pursuant to section 191 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of the City may enter into agreements for such a purpose. 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 Temporary Licence Agreement between The Corporation of the City of Pickering and Durham Condominium Corporation No. 129 in a form satisfactory to the Solicitor for the City which allows for the access by the City through lands owned by Durham Condominium Corporation No. 129. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk VO 102 DUNBARTON AVENUE f.:::Z ..... FON ~O~o ROAD : VEL OPMEN T A T#905 BA YL Y STREET PROPOSED AREA OF EROS/ON ~VORKS C ~. E.E.¢'' .;TULA  ) CECYLI~ --m __ 41NS AVENUE TA AVENUE 4OK I'- SAMFORD LYNX BAYSHORE BREEZY O48 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That the draft by-law to appoint persons to enforce the Parking By-law at DCC//6 t and 1822 Whites Road, be forwarded to Council for approval. REPORT TO COUNCIL 049 FROM: Brace Taylor, AMCT, CMM City Clerk DATE: March 5, 2001 REPORT NUMBER: CL 11/01 SUBJECT: Appointments to enforce the Parking By-law at DCC//61 and 1822 Whites Road, in Pickering RECOMMENDATION: That the draft by-law to appoint persons to enforce the Parking By-law at DCC #61 and 1822 Whites Road, be forwarded to Council for approval. ORIGIN: Letters from Durham Condominium Corp. #61 dated March 1, 2001, Authorized Parking Only Ltd. dated February 16, 2001 and Burns International Security Services dated February 16, 2001. AUTHORITY: Section 15(1) 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 Durham Condominium Corp. No. 61 requesting the appointment of three persons as By-law Enforcement Officers for the purpose of enforcing the Parking By-law at DCC #61, from Bums International Security Services for two persons to enforce the Parking By-law at 1822 White's Road and from Authorized Parking Only Ltd. requesting the removal of one person as By-law Enforcement Officer at 905 Bayly St., 1915 Denmar Rd., 1310 Fieldlight Blvd. and 1345 Altona Road. 05O Report to Council CL 11/01 Subject: Appointment of By-law Enforcement Officers Date: March 5, 2001 Page 2 Prepared By: Approved / Endorsed By: Debbie Kearns BT:dk Attachments Copy: Chief Administrative Officer ~;uce Taylor Recommended for the consideration of Pickering City Council ~ ThO/rn~ J ' Quin~ Chief0tAdminis~ve Office' 051 March !st 200! Or,.a the Esr_,_ t a nad.. o.. P~cker~na. OntarSo. !,!V 6K7 ,~ttn~ Bruco Taylor. Town C]erk Boat- Mt.-' T~vlor: PE: BY-LIW ENFORCEMENT OFFICERS Please delete from your records Nadine Hyatt and Peter !,achambre as t-,.v-~aw ~nf~-~emenf officers for P ~,_. C ~[I_ Peter and Nad~ne have mo,,ed and can r,o longer pa.r.t~cip~t~ a~ by-law ~,ffS,c~rs for ~ -kbS=; fSme we w~uld ask e~-af v~,, appoJnf thre= other members of n c c ~ Ce, be b,,-]aw ~nforcement officers blew m~mbers ar~ !isted on the next page. As befit,= the ~-ic~]~o'c.~ will be _qiv~n ,'~u.t c, nlv +,3 ~tnJ,~wful].v parked .................... proper address remafns the same 052 gbarron Hyatt, R4-t945 Denma. r Rood. Pickerinff. Outarjo. L1V BF, 2 C~eorge Cheung, $6-!945 Denmar Road., P~ cker'J rig. Ontario, t,TI V 3E2 T~. , sr,~,, ..... f~reher informa%Jon.., is required please contact me at the .a. bove address or by phone at. (90~) 427-8244 .. We look forward, to hearina from the vn,t at vo~r ~avl~se cc~Dvet] J ~ nce. ~ldm:fnJstrat. Jve Assistant for ehe Board ,Df Directors .of D.C.C. 61 FEI~-16~--O1 E~2:41 PI.1 BIJRF~-: SECURITY 9055710~.17 P. 0 ! Attn by-law Dept 053 Please by-law the following personal for 1822 Whiles road in Picketing known as the Amberlea plaza. Harley Fearon Tara-lyn Amell Best regards William Hanna Burns Security Irc b 16/01 054 A uthorJze# Parking Onlj~ L rd. 2131 Williams Parkway East, Unit #8, Brampton, Ontario, L6S 5Z4 Phone: (416) 231 - TAGS February 16, 2001 City of Pickering Attention: Debbie One The Esplanade Picketing, Ontario L1V 6K7 PICKERING, ONTARIO Dear Debbie, Please be advised that Troy Bourgoin is no longer employed by Authorized Parking Only Ltd. Please have his name removed from our list of approved properties: 905 Bayly Street 1915 Denmar Road 1310 Fieldlight Blvd. 1345 Altona Road If you have any questions, please do not hesitate to contact me. ,Y~urs truly, ATTACHMENT#z TO REPORT THE CORPORATION OF THE CITY OF PICKERING 055 BY-LAW NO. Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation DCC #61 and 1822 Whites Road) WHEREAS pursuant to section 15(1) of the Police Services Act., R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: o The following officers be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and is hereby authorized to enter at all reasonable times upon lands municipally known as: Durham Condominium Corporation #61: Sharron Hyatt Roger Chin George Cheung b) 1822 Whites Road: Harley Fearon Tara-Lyn Amell The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section l(a) ceasing to be employees of Durham Condominium Corporation #61, in section l(b)) ceasing to be an employee of Burns International Security Services or upon Burns International Security Services ceasing to be an agent of Amberlea Plaza, 1822 Whites Road, or upon whichever shall occur first. By-law 5774/00 is hereby amended by deleting Troy Bourgoin as By-law Enforcement Officer. fi:om 905 Bayly St., 1915 Denmar Rd., 1310 Fieldlight Blvd. and 1345 Altona Rd. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. 056 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Mayor Arthurs be authorized to make the following proclamation: "Easter Seal Month" - March, 2001 "National Kids Day" - June 9, 2001 "Cancer Month" - April, 2001 Dear Mayor Wayne Arthurs, February 22, 2001 Mayor Wayne Arthurs One the Esplanade Pickering, ON LIV 6K7 On behalf of The Easter Seal Society, Ontario, I am requesting your help in paying tribute to the 20,000 children and young adults with physical disabilities in this province by declaring the month of March "Easter Seal Month? From March 1 until April 16, 2001, The Easter Seal Society holds its Spring Campaign featuring exciting fundraisers throughout the city, encouraging people to help the close to 20,000 children with physical disabilities in Ontario. Communities are coming together to raise money for The Easter Seal Society so that we can help children and young adults with physical disabilities by purchasing expensive equipment needed for mobility and communication, send kids to summer camp and invest dollars in research and prevention. "March is Easter Seal Month" is a great opportunity to educate people on what it's like to be a person with a physical disability. And as the Mayor of your community, I invite you to be the first to accept the challenge of walking a mile in the shoes of someone with a disability. I have enclosed a pair of socks - at 12 noon on March 1st, put them on your hands and go about the business of running a city while experiencing a degree of immobility in your hands as the media follows you and records the challenges you face. For one hour, experience the difficulty of buttoning up your suit jacket or making yourself a coftbe or picking up a piece of paper from the pile in your "ir,, tray." When the public watches you struggle with simple tasks, I am confident that the goodhearted people of Pickering will open their hearts to help children and young adults with physical disabilities.. Thank you for taking the time to consider declaring "March is Easter Seal Month" and participating in "Put Socks On Your Hands To Understand" Day. I will contact your office next week, however, should you have any further questions, please contact me at 416-421-8377, ext. 320. 057 Regards, Gloria Lin Public Relations Assistant Creating solutions, changing lives. Helping kids with physical disabilities and their families 1185 Eglinton Ave. East, Suite 800, North York, Ontario M3C 3C6 Tel: 416 421-8377 ° Toll free: 1 800 668-6252 ° Fax: 416 696-1035 · Web Site: www. easterseals.org Incorporated as the Ontario Sodety ilar Crippled Children. Charitable Registration No. 119068377 RR0001 O58 PROCLAMATION "March is Easter Seal Month" WHEREAS: WHEREAS: WHEREAS: The Easter Seal Society, Ontario has been helping children and young adults with physical disabilities reach the. ir highest level of independence since 1922. Over 8,000 families rely on The Society to purchase expensive equipment needed for mobility and communication, send kids to smrnuer camp, provide access to information and programs and invest dollars in research and prevention. The Easter Seal Society continues to find ways to empower children and young adults with physical disabilities through its programs and services, helping them to reach their individual potential. The Society is "creating solutions, changing lives ". The Society helps to ease the financial burden of families with a physically disabled child. It can cost as much as $10,000 to $40,000 annually to raise a child with a disability on equipment, transportation and home renovations. WrF[EREAS: Through our partnerships with service clubs, vol'anteers and parents throughout Ontario, Easter Seals touches every community. WHEREAS: The annual Easter Seal Campaign is one of the rnost important fundraising initiatives undertaken by The Society. It's a great opportunity for commnnities to get involved and make a difference. NOW TH-EREFORE: I, Wayne Arthurs, Mayor of Pickering, do hereby proclaim March 2001 as "Easter Seal Month" and encourage everyone to support The Easter Seal Society, Ontario during its fundraising campaign. Creating solutions, chan ng lives. Helping kids with physical disabilities and their families 1185 Eglinton Ave. East, Suite 800, North York, Ontario M3C 3C6 Tel: 416 421-8377 · Toll free: 1 800 668-6252 ° Fax: 416 696-1035 ° Web Site: www. easterseals.org Incorporated as the Ontario Society for Crippled Children. Charitable Registration No. 119068377 RR0001 NATIONAL KIDS DAY' February 26, 2001 City of Pickering Civic Complex, 1 The Esplanade Pickering, ON L1V 6K7 bear Ma/or Arthurs, 059 National Kids Day in support of Kids Help Phone 439 University Avenue, Suite 300 Toronto, Ontario M5G 1Y8 Tel: 416-581-8960 Fax: 416-586-0651 E-mail: ~kidshelD.sympatico.ca Website: www. nationalkidsday, com Once again, MAYORS across Canada are playing a key role in the ever-increasing success of National Kids bay. Municipal involvement encourages Canadians to celebrate the special place children hold in our hearts and in our society and to help Canadian kids in need. Please join us in celebrating the 4th Annual National Kids Day in support of Kids Help Phone on Saturday, ,Tune 9, 2001 by issuing a proclamation. As well as issuin9 a proclamation, we invite you to celebrate Notional Kids Day in your town or city by hosting an event in your square, fair grounds, community centre or at a school. Each year, many municipalities hold successful celebrations and fundraisers. We have enclosed a list of last year's participants and some "ideas" for you. Last year, 208 MAYORS ACROSS CANADA proclaimed t.h~lay. Not all of them celebrated and raised funds, but those ~ho did raise_~_da~fiey for 30 Canadian children's charmes and helped countless children livin~-~he streets'coping with illness, feeling lonely and depressed - the list goes on and on. ' This year, we discovered a charity that helps Canadian kids cope with these issues and many more. The 2001 National Kids Day will support Kids Help Phone, Canada's only 24- hour, toll-free, national, bilingual and anonymous phone counselling and referral service for children and youth. Professional counsellors answer an average of 1,000 calls every day. Kids call about a range of issues, including relationships, homelessness, poverty, substance abuse and suicide. Last year, almost 13§,000 calls were received from more than 71§ communities in Ontario. Charitable Registration 13000 5846 RR0001 Canadian Soci~t~ Cancer canadienne Society du cancer O62 West Durham' 467 Westney Road South, t Aja~, O, LIS Telephone: 905-686- Facsimile: 905-686- March 1, 2001 Mayor Wayne Arthurs and Members of Council CITY OF PICKERING One The Esplanade Picketing, Ontario L1V 6K7 Once again this year, the volunteers of the Canadian Cancer Society_ will be selling. daffodils and canvassing door-to-door in communities across Canada to raise funds for cancer research, public education and services for people with cancer. On behalf of our 2001 Campaign Committee I would like to make a request to the Picketing City Council to declare the month of April 2001 as "Cancer Month". At the same time, I would like to request that our Canadian Cancer Society flag fly on the city flagstaff for the month of April 2001. Thank you for your support of this request. We will be in touch with the town office closer to the beginning of April to make arrangements to deliver the flag. In the meantime, if there are any questions regarding this matter, please contact ate at the above number. Yours truly, Unit Manager West.Durham _U4fit Canadian Cance~- Society O68 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Executive Committee dated March 19, 2001, be adopted. 069 .CITY OF PICKER/NC That the Executive Committee of the City of Pickering having met on March 19th, 2001, presems its fifth report to Council and recommends: OPERATIONS & EMERGENCY SERVICES REPORT OES 08-01 WATERFRONT REGENERATION TRUST _SUPERBUILD APPLICATION That the Council of the Corporation of the City of Picketing pass the follow/ng resolution to support the Waterfi-ont Regeneration Trust application for funding under the Ontario SuperBuild Program: "Be it resolved that the Council of the City of Pickering support the Letter of Intent of Waterfi:ont Regeneration Trust as to a Joint Funding Submission for the Petticoat Creek Bridge Project. The municipality acknowledges a financial commitment of 50% of the approved expenditure under the SuperBuild Fund." CORPORATE SERVICES REPORT CS 08-01 SECTION 442/443 OF THE MUNICIPAL ACT-ADJUSTMENT TO TAXES That Report CS 08/00 of the Director, Corporate Services & Treasurer be received and that the write-offs of taxes due to change in assess~nent as provided under Section 442 of the Municipal Act R.S.O. 1990 as amended be approved. CORPORATE SERVICES REPORT CS 09-01 CONFIRMATION OF COMPREHENSIVE CRIME INSURANC, E FOR 2001 It is recommended that Report CS 09-01 of the Director, Corporate Services & Treasurer be received and forwarded to Council for information. PROCLAMATIONS "EASTER SEAL MONTH" "NATIONAL KIDS DAY" "CANCER MONTH" "Easter Seal Momh" - March, 2001 ''National Kids Day" - June 9, 2001 "Cancer Month" - April, 2001 O7O THE_____CORP~ ORATION OF THE CITY OF PICKERING BY-LAW NO. 5809/01 Being a by-law to authorize the execution of the renewal of a Lease Agreement between the Corporation of the City of Pickering and 1317970 Ontario Inc. for the 12.39 acre parcel of lands located on Brock Road (being Part of Lot 19, Concession 3, Picketing). WHEREAS, pursuant to the provisions of subsection 191 (1) Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the City of Picketing may by by-law lease premises owned by the Corporation; NOW THEREFORE, the Council of the Corporation of the Town of Picketing hereby enacts as follows: The Mayor and Clerk are hereby authorized to execute a renewal for the Lease Agreement in the form acceptable to the Solicitor for the City for a term ending December 31, 2004, between the Corporation of the City of Picketing and 1317970 Ontario Inc. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. Wayne Arthurs, Mayor THIRD / / / / / / / DERSAN / / /~-~ ~/ / / / / / / / / / / / / / / / / / / OWNED CITY OF CO / / / / / / STREET / / BY THE PICKERING ROAD / / / / / ~ / // O~'~// / / / / / / / / o¢:x° 072 THE CORPORATION OF THE CITY OF PICKERING BY-LAWNO. 58!0/0! Being a by-law to amend By-law I416/82 providing for the regulation and licensing of places of amusement. WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, chapter M.45, section 236.6, the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following item: Brookshire Square, Plan 40M-1569, Pickering BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. Wayne Arthurs, Mayor Brace Taylor, Clerk FINCH RNCH AVENUE 073 GLENANNA ROAD ROAD SQUARE STROUDS O VOYAGER BONITA LANE GLENANNA AVENUE JACQUEUNE WELRUS STREET ROAD 0 7 4 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 58 11/01 Being a by-law to assume services under the jurisdiction of the City in Plan 40M-1569, Pickering. WHEREAS, pursuant to, where applicable, the Municipal Act, R.S.O. 1990, chapter M.45, sections 263, 284 286, 297, and 314.7, the Planning Act, R.S.O. 1990, chapter P.13, section 51, the Regional Municipalities Act, R.S.O. 1990, chapter R. 8, sections 28 and 72 and the Agreement dated the 16th day of May, 1988 (Notice of which was registered on January 4% 1989 as Instrument No. LT426679 between John Boddy Developments Ltd. and The Corporation of the City of Pickering), above ground and underground services under the jurisdiction of the City in Plan 40M-1569, Pickering, have been completed to its satisfaction; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City, that are required to be constructed or installed in the development of Plan 40M-1569, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, located on lands that are both, (a) dedicated to or owned by the City, the Regional Municipality of Durham or the Province of Ontario, and (b) in Plan 40M-1569, Pickering, or immediately adjacent thereto, are hereby accepted by the City and assumed by it for maintenance, as of February 22, 1994. The underground services under the jurisdiction of the City that are required to be constructed or installed in the development of Plan 40M-1569, Pickering, including the storm drainage system and related appurtenances, located on lands that are both, (a) dedicated to or owned by the City, the Regional Municipality of Durham or the Province of Ontario, and (b) in Plan 40M-1569, Pickering, or immediately adjacent thereto, are hereby accepted by the City and assumed by it for maintenance as of December 16, 1991. o In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. FINCH FINCH AV~NuC 075 GLE. NANNA ROAD ROAD STROUD$ LANE WELRUS STREET BONITA AVENUI GLENANNA AVENUE ROAD 076 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5812/01 Being a by-law to assume Lots 1-26, inclusive and Blocks 27-32, inclusive, Plan 40M-1569, Pickering, for public use as public highways under the jurisdiction of the City. WHEREAS, Brookshire Square is a highway shown on a plan of subdivision and are therefore deemed, pursuant to the Surveys Act, R.S.O. 1990, chapter S.30, section 57, to be a public highway; and WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, chapter M.45, section 263, the Council of The Corporation of the City of Pickering has jurisdiction over that highway (the Council of The Regional Municipality of Durham not having enacted a by-law pursuant to the Regional Municipalities Act, R.S.O. 1990, chapter R.8, section 23, to add that highway to the regional road system); and WHEREAS, pursuant to the Municipal Act, section 262, the soil and freehold of that highway is therefore vested in The Corporation of the City of Pickering; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The following highway is hereby assumed for public use as a public highway under the jurisdiction of the Council of The Corporation of the City of Pickering: Brookshire Square according to Plan 40M-1569, City of Pickering, Regional Municipality of Durham. The City Solicitor is hereby authorized to apply to the Land Registrar pursuant to the Land Titles Act, R.S.O. 1990, chapter L.5, section 152, to have the Corporation entered as the owner of the highway referred to in section 1. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. FINCH AT,TACHHEP,'r:~ ' AVENUE FINCH AVENUE 077 DR~t~ GLENANNA ROAD ROAD STROUD$ BONITA AVENUE LANE I3LENANNA AVENUE WELRUS STREET 078 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5813/0! Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, chapter M.45, section 236.6, the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following item: Duncannon Drive and Grafton Court, Plan 40M-1627, Pickering BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. Wayne Arthurs, Mayor Brace Taylor, Clerk ATTACHPIENT ~_,L.~.~ TO REPORT #.~.~-o \ CHERRYWOOD TRANSFORMER STATION MAPLE 079 HEIGHTS MAPLE III RIDGE.' DRIVE UE RNCH AVENUE FINCH KITLE'Y $OUARE 0 8 0 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5814/01 Being a by-law to assume services under the jurisdiction of the City in Plan 40M-1627, Pickering. WHEREAS, pursuant to, where applicable, the Municipal Act, R.S.O. 1990, chapter M.45, sections 263, 284 286, 297, and 314.7, the Planning Act, R.S.O. 1990, chapter P.13, section 51, the Regional Municipalities Act, R.S.O. 1990, chapter R.8, sections 28 and 72 and the Agreement dated the 28th day of November, 1988 (Notice of which was registered on March 30, 1990 as Instrument No. LT496862 between John Boddy Developments Ltd. and The Corporation of the City of Pickering), above ground and underground services under the jurisdiction of the City in Plan 40M-1627, Pickering, have been completed to its satisfaction; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City, that are required to be constructed or installed in the development of Plan 40M-1627, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, located on lands that are both, (a) dedicated to or owned by the City, the Regional Municipality of Durham or the Province of Ontario, and (b) in Plan 40M-1627, Pickering, or immediately adjacent thereto, are hereby accepted by Ye City and assumed by it for maintenance, as of February 19, 1996. The underground services under the jurisdiction of the City that are required to be constructed or installed in the development of Plan 40M-1627, Pickering, including the storm drainage system and related appurtenances, located on lands that are both, (a) dedicated to or owned by the City, the Regional Municipality of Durham or the Province of Ontario, and (b) in Plan 40M-1627, Pickering, or immediately adjacent thereto, are hereby accepted by the City and assumed by it for maintenance as of February 19, 1996. o In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. ATTACHMENT ~_L.~_ TO REPORT #,.~,g..;~ ~o \ CHERRYWOOD TRANSFORMER STATION MAPLE: H£1I MAPL£ RIDGE: UE F1NCH AVENUE FINCH AVE, KITLEY 082 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5 815/01 Being a by-law to assume Lots 1-48, inclusive, Plan 40M- 1627, Pickering, for public use as public highways under the jurisdiction of the City. WHEREAS, Duncannon Drive and Grafton Court are highways shown on a plan of subdivision and are therefore deemed, pursuant to the Surveys Act, R.S.O. 1990, chapter S.30, section 57, to be public highways; and WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, chapter M.45, section 263, the Council of The Corporation of the City of Pickering has jurisdiction over those highways (the Council of The Regional Municipality of Durham not having enacted a by-law pursuant to the Regional Municipalities Act, R.S.O. 1990, chapter R.8, section 23, to add those highways to the regional road system); and WHEREAS, pursuant to the Municipal Act, section 262, the soil and freehold of those highways are therefore vested in The Corporation of the City of Pickering; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The following highways are hereby assumed for public use as public highways under the jurisdiction of the Council of The Corporation of the City of Pickering: Duncannon Drive and Grafton Court both according to Plan 40M-1627, City of Pickering, Regional Municipality of Durham. The City Solicitor is hereby authorized to apply to the Land Registrar pursuant to the Land Titles Act, R.S.O. 1990, chapter L.5, section 152, to have the Corporation entered as the owner of the highways referred to in section 1. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. ATTACHMENT #_L,~_. TO REPORT #,~_~-.o \ CHERRYWOOD TRANSFORMER STATION MAPLE GATE 083 MAPL£ III RIDGE: DRIVE FINCH AVENUE SQUARE FINCH RIDGEWOOD KITLE*Y 0 8 4 THE CORPORATION OF THE CITY OF PICKERING BY-LAWNO. 5816/01 _ Being a by-law to authorize the execution of a Temporary Licence Agreement between Durham Condominium Corporation No. 129 and the City. WHEREAS the Durham Condominium Corporation No. 129 is the owner of the condominium complex located at 905 Bayly Street and which lands lie directly adjacent to lands owned by the City; AND WHEREAS it has been determined that bank stabilization and erosion works must be undertaken on the lands owned by the City and that access to City lands must be through the Condominium Corporation's lands; AND WHEREAS, pursuant to section 191 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of the City may enter into agreements for such a purpose. 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 Temporary Licence Agreement between The Corporation of the City of Pickering and Durham Condominium Corporation No. 129 in a form satisfactory to the Solicitor for the City which allows for the access by the City through lands owned by Durham Condominium Corporation No. 129. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk VOl02 DUNBART AVENUE MERRIq -ON ~o~,o A-O '\ A T//905 BA YL Y STREET PROPOSED ARE/i OF EROS/ON WORKS SAMFORD AVENUE i 'FTA AVENUE EULA CECY[ LYNX BREEZY BAYSHORE DRIVE 086 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5817/01 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation DCC #61 and 1822 Whites Road) WHEREAS 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 enforce the by-laws of the municipality and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The following officers be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and is hereby authorized to enter at all reasonable times upon lands municipally known as: Durham Condominium Corporation #61: Sharron Hyatt Roger Chin George Cheung b) 1822 Whites Road: Harley Fearon Tara. Lyn Amell The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section l(a) ceasing to be employees of Durham Condominium Corporation #61, in section l(b)) ceasing to be an employee of Burns International Security Services or upon Burns International Security Services ceasing to be an agent of Amberlea Plaza, 1822 Whites Road, or upon whichever shall occur first. By-law 5774/00 is hereby amended by deleting Troy Bourgoin as By-law Enforcement Officer from 905 Bayly St., 1915 Denmar Rd., 1310 Fieldlight Blvd. and 1345 Altona Rd. BY-LAW read a first, second and third time and finally passed this 19th day of March, 2001. 063 C~ ,,t PI( K EI, N'G CONFIDENTIAL RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That the Confidential Memorandum of the Chief Administrative Officer dated March 7, 2001 regarding the donation of a house and property to the City of Pickering to assist in the establishment of a Women's Shelter be received. 064 OFFICE OF THE CHIEF ADMINISTRATIVE CONFIDENTIAL MEMORANDUM OFFICER March 7, 2001 To; From: Subject: Mayor Arthurs Members of CoUncil Thomas J. Quilm Chief Administrative Officer Donation of House & Property Women's Shelter File: LS2000 This is further to the Special Meeting of CoUncil on January 22, 2001 with respect to a resident's request to donate her home to the City to use as a contribution for a proposed Women's Shelter. Attached please fred a memorandum from the City Clerk, identifying his review with the Solicitor for the City and the Director, Corporate Services & Treasurer. While this is obviously a very worthwhile cause, I agree that such a donation is not within the City's mandate, and perhaps this resident's wishes would be better sewed if she sought legal advice and be encouraged to deal directly with the appropriate agency such as the United Way or the Ajax Pickering Women's Centre. We can assist by suggesting appropriate contacts to this resident, however, we must ensure that ltae resident is encouraged to seek legal advice to best serve her interests. Respectfully submitted for your consideration. TJQ:jh Attachment Copy: :t~0~as- J. Qui~ 0 Director, Corporate Services & Treasurer City Clerk Solicitor for the City March 1,2001 To; From: Subject: Thomas J. Quinn Chief Administrative Officer Bruce Taylor City Clerk Donation of House and Property to City in Support of Women's Shelter The following is an excerpt from the Minutes of the Special Council Meeting of January 22, 2001' Councillor Holland reported that a. resident in his Ward wishes to donate her house to the City to' use as a contribution to the proposed Women's' Shelter. The 'house is worth approximately $266,000.00 and she is willing to transfer ownership to the City immediately, however, she would like to stay in the house for a period of two years or until the Shelter requires the funds. The resident has stressed that she wishes to remain anonymous. It was the consensus of the Members of Council that staff pursue options to give effect to this donation and to report back to Council. I discussed this proposal with the Director, Corporate Services & Treasurer and the Solicitor for the City and the following is a summary of those discussions: The only circumstance under which the City should agree to this proposal is if Council wants to ensure strict control, over the distribution of the funds for a particular reason, i.e. to ensure that the Women's Shelter is located within the geographical boundaries of the City ofPickering. · 066 If the City were to agree to this proposal and take possession of the house and property, Council should be aware of the following concerns: When it was time to sell the house to give the proceeds to the women's Shelter, the City may not get the price that people perceive it should have got and the City could then be open to political criticism. b) I understand that the woman who is currently owns the house and is making the'proposal is elderly. If, at~er making the transfer of the house to the City the resident should get sick, the City could be put in the position of becoming her guardian and ensuring that the house is maintained or possibly even retrofitted to accommodate the resident if she became disabled. c) The City must determine definitively what the financial position of the resident is before taking possession of the house. If the City were to take possession of the house and then sell it in the near future for the Women's Shelter, the City could again be open to criticism if the resident does not have the financial resources to move on to a Senior's residence or acquire or rent a~aother house or apartment. d) The City should determine if the resident has any chil[dren because if she should die during the interval between transferring ownership of the house to the City and the City selling the house and providing the proceeds to the Women's Shelter, the City could[ be involved in a Court battle over the estate. e) If the City were to agree to this proposal and take possession of the house, it could not guarantee the resident anonyrrfity as she has requested. The City could make every effort to provide anonymity, however, at the time of selling the house, the City would be clearly identified as the owner on any listing and any person could undertake a tire search to determine the previous owner. Also, the City would not be able to take advantage of favourable publicity if it must guarantee anonymity. 067 Based on the above, there are definite disadvantages to the City if we accept the proposal as it has been stated. The resident should be encouraged to seek independent legal advice on her proposal and further encouraged to transfer her property directly to the Women's Shelter. I understand that the organization that has been established to facilitate the Women's Shelter has been incorporated and would also have access to Solicitors that could assist with this proposal. In addition to encouraging the resident to seek independent legal advice, it would be hoped that the resident would be encouraged to have her Will updated as soon as possible to provide for her estate to either transfer the house to the Women's Shelter upon her death or to ensure that the house is sold by the Executors and the proceeds forwarded to the Women's Shelter. If you require any further information with respect to this matter, please do not hesitate to contact me. Copy: Director, Corporate Services & Treasurer Solicitor for the City