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Home My WebLink AboutJune 23, 2003Finance & Operations Committee Meeting Agenda Monday, June 23, 2003 at 1:30 P.M. Chair: Councillor Johnson {I) ADOPTION OF MINUTES Meeting of May 26, 2003 (11) 1. DELEGATIONS The Chair shall ask if there are any persons who wish to address an item on the agenda. (,~) 1. MATTERS FOR CONSIDERATION APTA FIRST QUARTER PERFORMANCE FOR 2003 PAGE 1-13 OPERATIONS & EMERGENCY SERVICES REPORT OES 28-03 THE REGION OF DURHAM'S INTEGRATED WASTE MANAGEMENT SYSTEM AND PROGRAM CITY OF PICKERING RESPONSE TO REPORT #2003-J-11 14-35 OPERATIONS & EMERGENCY SERVICES REPORT OES 29-03 PROPOSED TELUS MOBILITY COMMUNICATION SITE SIDELINE 24 NORTH OF HIGHWAY 407 LEASE AGREEMENT 36-45 OPERATIONS & EMERGENCY SERVICES REPORT OES 28-03 TENDER T-4-2003 TENDER FOR SURFACE TREATMENT, AUDLEY ROAD To be circulated under separate cover Finance & Operations Committee Meeting Agenda Monday, June 23, 2003 at 1:30 P.M. Chair: Councillor Johnson CLERK'S REPORT CL 19-03 APPOINTMENT TO ENFORCE THE PARKING BY-LAW 46-52 CLERK'S REPORT CL 18-03 APPOINTMENTS TO THE DURHAM REGIONAL POLICE SERVICES BOARD 53-59 (IV) STAFF ITEMS FOR DISCUSSION (V) OTHER BUSINESS FIVE MINUTE RECESS CORPORATE SERVICES REPORT CS 25-03 DEVELOPMENT CHARGES - ANNUAL INDEXING 60-63 CORPORATE SERVICES REPORT CS 24-03 DEVELOPMENT CHARGES RESERVE FUND -STATEMENT OF THE TREASURER FOR 2002 64-72 CORPORATE SERVICES REPORT CS 28-03 2003/2004 PROPERTY AND LIABILITY INSURANCE 73-78 PICKEI5 Finance & Operations Committee Meeting Agenda Monday, June 23, 2003 at 1:30 P.M. Chair: Councillor Johnson 10. CORPORATE SERVICES REPORT CS 29-03 FIRST AMENDING AGREEMENT -VERIDIAN CORPORATION SHAREHOLDERS' AGREEMENT 79-86 11. PLANNING & DEVELOPMENT REPORT PD 28-03 CITY OF PICKERING PARTICIPATION IN THE REGION OF DURHAM'S PROPOSED COMMUNITY RENTAL HOUSING PROGRAM To be circulated under separate cover (VI) STAFF ITEMS FOR DISCUSSION (VII) OTHER BUSINESS (VIII) ADJOURNMENT RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY To receive for information correspondence dated June 9, 2003 from the General Manager, Ajax Pickering Transit Authority concerning APTA First Quarter Performance for 2003. 0~TA AJAX PICKERING AUTHORITY RECEIVED CITY OF PICKERING JUN 1 0 2003 Ajax Pickering Transit Authority 110 Westney Road South Ajax, ON Canada L1S 2C8 June 9, 2003 To: Finance & Operations Committee -- Picketing General Governance Committee -- Ajax Subject: APTA First Quarter Performance for 2003 Enclosed is information related to the presentation of APTA's first quarter performance for 2003. It is APTA's intent to report on major significant performance areas, particularly as it relates to ridership, financial performance and operational initiatives. Included in this package are the following attachments: Report to the Board #APTA 17/03, dated May 12th, 2003 Re: Budget Status Report - January 1, 2003 to March 31, 2003 Report to the Board #APTA 18/03, dated May 15th, 2003 Re: First Quarter Performance Stakeholders Report - 2003 Table 1: APTA Ridership Comparison - 2001-2003 Table 2: Local GTA Transit Properties Ridership Variance - 2001-2003 Significant aspects derived from the information tables: Although APTA ridership is up by almost 4% as compared to first quarter 2002, it has not yet recovered the ridership of first quarter 2001 and reflects a shortfall of 2%. On average, year-to~date ridership across local GTA transit properties is down by 1.3% over first quarter 2002, which in turn reflects a decrease of 3.7% over same period 2001. This information has been provided as background information for the purpose of the first quarter presentation. Sincerely, Ted Galinis General Manager Aj ax Pickering Transit Authority /encl. Telephone 905-427-5710 · 905-683-4111 · Fax 905-427-3473 www. townofajax.com · www. cityofpickering.on.ca AJAX PICKERING AUTHORITY REPORT TO THE BOARD 03 FROM: Gillis A. Paterson DATE: May 12, 2003 Treasurer, Ajax Pickering Transit Authority REPORT NUMBER: APTA 17-03 SUBJECT: Budget Status Report- January 1,2003 to March 31,2003 RECOMMENDATION: That Report APTA of the Treasurer be received for information. ORIGIN: Treasurer, Ajax Pickering Transit Authority AUTHORITY: Not applicable FINANCIAL IMPLICATIONS: Attached is the summary report on the first quarter of operations ending March 31, 2003. EXECUTIVE SUMMARY: An analysis of APTA's expenditures and revenues was conducted for the first quarter ending March 31,2003 and the results are as follows: Report to Board 17-03 Date: May 12, 2003 Subject: Budget Status Report - January 1, 2003 to March 31,2003 Page 2 APTA'S BUDGET VS ACTUAL As at March 31, 2003 ACCOUNT CLASSIFICATION Expenditures Personnel Expenditures Maintenance Fuel Utilities Other ANNUAL BUDGET BUDGET ACTUAL AVAILABLE $5,918,570 $1,569,170 $4,349,400 594,936 184,676 410,260 792,450 177,340 615,110 92,000 31,927 60,073 1,052,655 99,438 953,217 Total Expenditures $8,450,611 $2,062,551 $6,388,060 Revenue (3,364,840) (892,272) (2,472,568) Net Expenditures Over Revenue $5,085~771 $1,170;279 $3,915,492 While it is too early in the year to draw conclusions or make projections, a review of the first quarter's year to date actual expenditures against the pro-rated budget did not reveal any significant variances at this time. As of March 31, 2003, APTA has not incurred any capital expenditures related to the 2003 Capital Budget however $21,949 has been incurred related to capital amounts carried forward from the 2002 Capital Budget. ATTACHMENTS: 1. Budget Control Report as at March 31,2003 GAP:vw Attachment Prepared / Approved / Endorsed By: '~Gillis A. Pater~'~n, Treasurer Ajax Pickering Transit Authority APTA Budget Control Report YTD Actuals as of March 31, 2003 O5 APTA Run Date: 5/14/2003 3:08 PM i 2003i 2003 I , I CURRENT YTD APPROVED MONTHi ACTUALSi BUDGET 2003i % OF BUDGET BUDGET AVAILABLE VARIANCE EXPENDITURES ! ~ 1100 Salaries & Wages $575,166 $1,232,665i $4 765 539 $3,532,874 74% 1200 Overtime $34,153i $55,696! $131,781 $76,085; 58% 1400 Employer Contributions $114,7201 $280 8091 $1,021,250! $740,441i 73% 1900 Uniforms $8241 $2 264: $54,365 $52,101 96% 2! 10 Travel 2122 Courier $714, $1,130i $ 3,800 $2,670 70% $1,179i $3,533 $16,200 $12,667~ 78% 2131 Cellular Phones & Pagers $4,689 $7,663i $70,950 $63,287 89% 2195 Charter Subsidies $0! $O $25,000 $25,000 100% 2210 Advertising $887 $8871 $7,500 $6613 88% 2220 Subscription & Publications S0 $39 $500 $461; 92% 2340 Seminars & Education $2,471 $4,787 $ 34.265 $29.478 86 % 2370 Insuran%Premium $35,226: $35,226 $175,800 $140,574 80% 2371 ins. Deductible $588: $815 $10,000 $9,185 92% 2392 Consulting & Professional $1,936 ($1,313) $61,900: $63,213 102% 2394 Rev,.t. P, om & bp Events $654i $2,318 $10,550 $8,232 78% 2395 Memberships $0 $9,650 $10,000 $350 4% 2396 Photo, Mapping, Priniing $8,044 $11,81 5i $38,300 $26,485 69% 2440 Snow Removal $26.904 $51,861 $33,500: ($18,361) -55% 2435 ? i_i ~ _R_e~_a!_r s_ & ?_c_ ~. ............................ $~5..?~ _48~ ..... ~$_7,5081 $46,036 $38,528 84% 2457 Veh - Repairs & ~"* ........ ........ e,,¢ .... $105,924 $144,199! $444,400 $300,201 68% o% 24=8 ~,omrac, Labour $0! $0 $0 $0 2~v8 ,.,omr~ c, Labour $0 ($2,228)! $44,000 $46,228 105% 2459 Contracted Mechanical $3,910 $8,487; $126,250; $117,763 93% 2460 Vehicle Licences $O ($2,333)! $22,100! $24,433; 111%i 2478 Misc Equip Repairs $0i $01 $2,900 $2.900 100% 2478 Contracted Maintenance ($195) $13,959i $23,100 $9,141i 40% 2635 Building Renials $0j $0i $84,595 $84,595 100% 2657 Rental Vehicle $3,393 $4,820! $30,000 $25.180 84% 2815 Leased Vehic?_ ....................... _$__0_._ .......... __$0i $0i $0 0% _2281_9 _B ? k_z}??.in~. C?ge~ ............. .{.7_~ .... ~$_2_,_18_7~. $10,000 $7,813 5300 Stationer'/& Office Supo!ies , $14,000 $7,638i .......................... : ....... L ......... $_1,437 $6,3621 5301 Printing Supplies i $135 $135h $3,1001 $2,965i 55% 96% 5305 Water Purifies Coffee Supplies $4701 $1,058 $4,500 $3,442: 76% 5510 Utilities- Water $456 $853, $3,000 $2,147! 72% 5520 Utilities- Gas $8,339! $17,857i $45,0001 $27,143! 60~/ 1 ~ , 5530 Utilities- Hydro $7,252i $ 3,217; $44,000 $30,783 70% 5700 C_-a_s: Q!I Tires . $71,046' $180,416i $631,4~ $451,034~ 71% 06 APTA Budget Control Report YTD Actuals as of March 31, 2003 APTA Run Date: 5/14/2003 3:08 PM 2003i 2003i CURRENTi YTD APPROVED MONTH ACTUALS BUDGET 5901 Contracted Fuel $0 $0; $161,000i 2003 % OF BUDGET BUDGET AVAILABLE VARIANCE! $161,000 100% ~902 Misc Equ p & Tools Cunder $5001 $459 $555 $4,500 $3,94~ ........ 88~ ?' ....... ...... ~ ..... : i .......... ; ................. ~ ............ ~ oo 5903 Shop S Jppi es $6,662 '~c~,~ F'~fit~;i~-~-Eq~i-.o'~ient $274; $895 $47,410 $46,715; 99% ~ 0~i~'i-AC~TA ) .... ; ...... $0: ...... $~88 $20.000 $19,112: 96% ............ Tot-al EXPENDITURES $1,024,969: $2,111,931 $8,451,211 $6,339,280 75% R~FNUES 9990 nterest Revenue (8644) ($1,568) SO ~sou Commissions/General ' 5956' P3~S"[a~S'{lS/;&%;;S ............... ~f'~S-a-6~; .... ~'6~73) (S950.000) (S787,727) 83% -~¢~ ~F4~ ..................... '--~5; ............... ~-~ ........... Total REVENUES ($454,238) ($894,735) ($3,365,440) ($2,470,705) 73% Net ........ $5:~ 01-'~-31- -$-i'/2 :i 7/19~- ' ~, 0'8~'/77-'i-; ...... ~-~'§6-8 ~5~: .............. :7~/o 07 raTA AJAX PICKERING AUTHORITY REPORT TO THE BOARD FROM: Deanna Wilson DATE: May 15, 2003 Administrative/Operations Coordinator, APTA REPORT NUMBER: APTA 18/03 SUBJECT: First Quarter Performance Stakeholders Report - 2003 RECOMMENDATION: It is recommended that Report #APTA 18/03 concerning APTA's first quarter performance for 2003, be received by the Board for information. ORIGIN: N/A AUTHORITY: N/A FINANCIAL IMPLICATIONS: A summary report regarding APTA's Operating Budget Status is reflected in the Report # APTA 17/03 relating to the first quarter of operation for 2003. EXECUTIVE SUMMARY: Quarterly reporting to the municipalities of the Town of Ajax and the City of Pickering was initiated in November 2002. A presentation of APTA's First Quarter - 2003 has been delayed somewhat, due to financial matters and is scheduled for Ajax General Governance Committee on Thursday, June 19th, and to Pickering's Finance and Operations Committee on Monday, June 23rd, 2003. Information provided includes a general overview of APTA's first quarter performance and financial status. This report is intended for information purposes only. Report to Board APTA 18/03 Subject: First Quarter Performance Stakeholders Report - 2003 May 15, 2003 Page 2 Year-to-Date Performance Ridership The downward trend in ridership recognized at year-end 2002 appears to have ceased. Ridership for the first quarter of 2003 reflects an increase of 4% over the first quarter 2002. Student riders continue to be our greatest volume of passenger riders, with GO Transit commuters occupying the next largest capacity. Revenue Similarly revenue figures are on the rise for the first quarter 2003. This is relative to the increase in riders, in addition to the fare increase that was introduced July 1st, 2002 in an effort to harmonize fares between Picketing and Ajax. A further increase in revenue is expected to result from the fare increase effective April 1st, 2003, to be confirmed in the semi-annual statistics. Fare Increase The fare increase, which took effect on April 1 st, 2003, received very little negative feedback. This fare increase is part of a three-year strategy to harmonize fares across Durham. The senior's fare, which represents the greatest disparity in comparison with other fares in Durham, has been identified to be increased proportionately over a five- year timeframe. The fare harmonization strategy is to be reviewed each year. New Points-of Sale have been introduced in Ajax at the Municipal Office Finance Department, McLean Centre and Ajax Community Centre. Financial Status Refer to Report # APTA-17/03. Business Objectives The Objectives Matrix identifies a total of 249 issues as at the end of first quarter 2003. Of the 249 issues, 34% are complete, 36% are active while the balance is either on hold or pending. BACKGROUND: In an effort to evaluate transit performance, it is worthwhile in noting the various activities that have taken place throughout the first quarter. The following lists some of the major issues identified within the 2003 Objectives Matrix: Report to Board APTA 18/03 Subject: First Quarter Performance Stakeholders Report - 2003 May 15, 2003 Page 3 09 Industry Interface 33% complete · Participation in the Regional Transit Task Force in Durham · Provision of transit services to Durham College/UOIT for September 2003 HR / Payroll Issues 20% complete · Continued development and participation in Management Union Objectives (MUO) process · Development of Attendance Management Program · Research of GTA Collective Agreement Language for 2004 Negotiations Operations Issues 36% complete · On-going training program for Transit Operators · Continued participation in the GTA Smartcard Project · Continued development of various Operations Committees · Participation in Emergency Response Plan / Development of an APTA Plan Maintenance & Equipment Issues · Ongoing daily inspection of Failure area of Orion VI vehicles · 21% complete Tagged onto APTA's 2002 order with OBI for the purchase of three additional Orion V replacement vehicles with lifts · Purchase of five Specialized Services Vehicles · Purchase of Flag Bus for Picketing Area · Ongoing reconciliation of inventory · Mid-Life refurbishing of three conventional transit vehicles · Ongoing development of maintenance/operations procedures Administrative / Finance Issues 53% complete · Ongoing administrations of funding (Ontario Transit Renewal Program) · Ongoing monitoring of APTA's 2003 Operating Budgets - Formal monthly reviews initiated · Continued development of telecommunications and network systems Marketing & Customer Service 17% complete · Introduction of new POS in Ajax · Develop new fare media for fare increase effective April 1St, 2003 · Promotion of fare increase effective April 1st, 2003 · Development of customer satisfaction survey for Specialized Services Corporate Issues / Policy 32% complete · On-going investigation into cost recovery of Orion VI vehicles involved in Picketing Bus Fires in 2001 · Development of Request for Proposal of Planning Study for the purpose of Land Acquisition - south of 110 Westney Rd. Report to Board APTA 18/03 Subject: First Quarter Performance Stakeholders Report - 2003 May 15, 2003 Page 4 Fare Increase · Develop new fare media for fare increase effective April 1st, 2003 · Implementation of new Fare Structure, April 1, 2003 100% complete ATTACHMENTS: N/A Prepared / Approved / Endorsed By: Deanna Wilson, Admin/Ops Coordinator Aj ax Picketing Transit Authority Prepared / Galini Ajax Pi By: 1 Manager Transit Authority I~l~l~l~',l~l~l~l~l~l~l~l~ YTD RIDERSHIP VARIANCE- TO PREVIOUS YEAR LOCAL TRANSIT PROPERTIES 13 TTC Aiax/ Brampton Burlington Hamilton Mississauga Oakville Oshawa2 York. GO Transit Picketing Region 2001 January 6.7% 12.2% 16.9% 13.8% 7.6% 10.5% 16.0% 15.6% 17.5% 19,0% February 5.5% 4.2% 6.4% 9.5% 5.3% 3.9% 6.1% 2.7% 10.0% 10,5% March 5.0% 5.0% 3.0% 7.8% 3.7% 2.3% 3.2% 0.0% 7.9% 7.8% April 4.9% 6.5% 3.3% 9.5% 2.7% 3.5% 3.6% (0.9%) 9.4% 8.9% May 4.8% 6.9% 2.4% 8.8% 2.6% 3.8% 4.5% (1.9%) 9.3% 8.8% June 4.4% 6.4% 1.4% 7.7% 2.4% 3.7% 3.8% (3.0%) 8.0% 8.0% July 4.2% 6.8% 1.5% 7.5% 2.7% 4.0% 3.5% (3.8%) 8.9% 8.2% August 3.9% 6.7% 1.8% 6.9% 2.3% 3.7% 2.9% (4,8%) 8.7% 7.8% September 3.3% 6.3% 1.1% 5.5% 2.4% 3.1% 2.2% (5.7%) 7.8% 7.0% October 2.7% 6.4% 1.0% 4.9% 2.3% 3.0% 2.5% (5.4%) 7.4% 7.0% November 2.5% 5.7% 0.8% 4.2% 2.4% 2.9% 2.6% (6.0%) 6.9% 6.6% December 2.3% 4.8% 0.6% 3.8% 2.2% 3.2% 2.3% (6,3?,;) 6.1% 5.9% 2002 January (2.8 % } (l. 6% ) ( 0,3 % ) ( 5.0% ) (0.5 %) 2.5 % ( 1,1% ) { 6,9% ) 3.7% 1.7% February (2.5%) (2.0%) {1.0%) (5.1%) (I .5%) 0.6% (0.9%) (8.7%) 5.5% 1.3% March (2.5%) (5.9%) (3,7%) (6.9%) (2.6%) (2.0'?,3) (3.5%) (12.2%) 3.8% (1.3%) April (3.1%) (2.3%) (0.8%) (3.9%) (1.6%) 0.1% (0.6%) (9,6%) 5.6% 1.0% May {3.1%) (1.9%) (0,1%) {3.3%) {,1.o%) 0.1% (I.2%) (8.8%) 6.1% 0.7% June (2,9%) (2,7%) (0.2%) (3,6%) (2.0%) (0.6%) (2.0%) (8,3%) 5.9% (0.2%) July~ (2.8%) (2.9%) 1.2% (2,4'26) (2,3%} 0.2% (1,3%) (8.0%) 6.5% 0.5% August (2.6%) (3,5%) 1.5% (2.5%) (2,3%) 0.1% ~1,3%) (7.2':,;.) 7.1% 0.3% September (2,4%) (3. 1%1 2.5% ( 1,9%~ (2.1%) 1.0% (0.3%) (6.1%) 8.4% 1.0% October (2,2%) (2.9%) 3.1% (1,8%) (/.7%) 1.5% 0.1% (6.0%) 9.0% 1.5% November (2,1%) {2.7%) 3.2% (1.0%) (1.8%) 1.3% (0.5%) t,6.0%) 9.8% 1.4% December (1.9%) (2,6%) 3.5% (2.1%) (1,7%) 1.5% (0.4%) (5,9'?,;)) 10.6% 1.8% 2003 January (i),5% } 1.3% 5.5% (5.1%} N/A N/A (0.0%) (2.0%1 12.7% 4.0% February ( O. 4 %) 2.3 % 6.0% ( 3,2 %) N/A N/A ( o. 4% ) (0.9 %) 12.9% 4.5% March (0,8% ~ 3.7% 7.8% (1 4%) N/A N/A 1.8% (18,7%) N/A N/A TTC ridership variances are calculated by accounting periods, and are adjusted for comparability to the previous year. Variances for all other properties are calculated by using total YTD ridership with no adjustment for comparability. ~ July 2002 ridership numbers for all transit properties exclude World Youth Day ridership. 20shawa Transit workers were on strike from March 3 - 18, 2003. P:XlVlarketing Research~STAT01 \Other SystemsWlonthly Ridership Variance.xls 14 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY 4.a) That Report OES 28-03 regarding the Region of Durham's Integrated Waste Management System and Program, be received; and That the City of Pickering acknowledge the recommendations adopted by Regional Council on May 7, 2003 regarding the Annual Solid Waste Management Servicing and Financing Study and proposed 2003 Current and Capital Budget and related financing (#2003-J-11); and That the City of Picketing supports a commitment by the Region of Durham to Miller Waste Durham Inc.'s Pickering Site at 1220 Squires Beach Road for a long term solution to receive, process and transfer Durham's waste; and option 1: Transfer all waste responsibilities to the Region. The City of Pickering agrees to participate in the Region's Integrated Waste Management Program under the following conditions: i) The contract to collect garbage, yard waste, kitchen organics and expanded blue box materials remain with Miller Waste Systems at least until March 31, 2009 (the original term of Pickering's contract). 15 4.b) ii) The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. iii) The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide' that the other participating municipalities received as per the May 7, 2003 Council recommendations. iv) The Region agrees to assist in the funding of staff at the City that will deal with waste management issues and inquiries during the transfer of jurisdiction, at an amount to be determined. v) The Region reimburses the City of Pickering for waste collection costs incurred retroactive to January 1, 2003 consistent with the May 7, 2003 Council recommendations. OR Option 2: Retain waste collection responsibilities for garbage only and transfer organic collection to the Region as a recyclinglcomposting initiative and have the Region implement a kitchen organics collection program. The City of Pickering requests the Region to proceed with the implementation of the Region's Integrated Waste Management System by assuming responsibility to collect all materials that are diverted from landfill through recycling (expanded blue box) and composting (kitchen organics and yard waste) with the City retaining responsibility for the collection of garbage under the following conditions: i) The contract to collect yard waste, kitchen organics and expanded blue box materials remain with Miller Waste Systems at least until March 31, 2009 (the original term of Pickering's contract). ii) The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. 4.C) The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide that the other participating municipalities received as per the May 7, 2003 Council recommendations. iv) The Region agrees to assist in the funding of staff at the City that will deal with waste management issues and inquiries during the transfer of jurisdiction, at an amount to be determined. v) The Region reimburses the City of Pickering for organic waste collection costs incurred retroactive to January 1, 2003 consistent with the May 7, 2003 Council recommendations. OR Option 3: Retain waste collection responsibilities and agree to a two. stream organics system by implementing a kitchen organic collection program. The City of Picketing requests the Region to proceed with the implementation of the Regions' integrated waste management system that includes a two or three stream collection of recyclables and two stream collection of organics with the City retaining responsibility for collection of garbage, organics and yard waste under the following conditions: i) The Regional contract to collect expanded blue box materials remain with Miller Waste Systems at least until March 31, 2009 to coincide with the term of Pickering's contract to collect garbage, yard waste and kitchen organics. ii) The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. iii) The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide that the other participating municipalities received as per the May 7, 2003 Council recommendations. OR 17 Option 4: Maintain the status quo with respect to waste management responsibilities and collection systems (i.e., do nothing) 4.d) The City of Pickering is satisfied to continue with the status quo waste management system, is not prepared to collect two-stream organics (yard waste and kitchen organics) at this time, is retaining responsibility to collect garbage and yard waste and requires detailed financial and tax impact information from the Region in order to determine a business case; and That Report OES 28-03 be forwarded to the Clerk of the Regional Municipality of Durham. 18 PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: OES 28-03 Date: June 5, 2003 F rom: Richard W. Holborn, P: Eng. Division Head Municipal Property & Engineering Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Recommendation: 1. That Report OES 28-03 regarding the Region of Durham's Integrated Waste Management System and Program be received; and that 4a) The City of Pickering acknowledge the recommendations adopted by Regional Council on May 7, 2003 regarding the Annual Solid Waste Management Servicing and Financing Study and proposed 2003 Current and Capital Budget and related financing (#2003-J-11); and that The City of Pickering supports a commitment by the Region of Durham to Miller Waste Durham Inc.'s Pickering Site at 1220 Squires Beach Road for a long term solution to receive, process and transfer Durham's waste; and that The City of Pickering agrees to participate in the Region's Integrated Waste Management Program under the following conditions: i) The contract to collect garbage, yard waste, kitchen organics and expanded blue box materials remain with Miller Waste Systems at least until March 31, 2009 (the original term of Pickering's contract). ii) The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide that the other participating municipalities received as per the May 7, 2003 Council recommendations. Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 2 4b) iv) The Region agrees to assist in the funding of staff at the City that will deal with waste management issues and inquiries during the transfer of jurisdiction, at an amount to be determined. v) The Region reimburses the City of Pickering for waste collection costs incurred retroactive to January 1, 2003 consistent with the May 7, 2003 Council recommendations. OR The City of Pickering requests the Region to proceed with the implementation of the Region's Integrated Waste Management System by assuming responsibility to collect all materials that are diverted from landfill through recycling (expanded blue box) and composting (kitchen organics and yard waste) with the City retaining responsibility for the collection of garbage under the following conditions: The contract to collect yard waste, kitchen organics and expanded blue box materials remain with Miller Waste Systems at least until March 31,2009 (the original term of Pickering's contract). ii) The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide that the other participating municipalities received as per the May 7, 2003 Council recommendations. iv) The Region agrees to assist in the funding of staff at the City that will deal with waste management issues and inquiries during the transfer of jurisdiction, at an amount to be determined. v) The Region reimburses the City of Pickering for organic waste collection costs incurred retroactive to January 1,2003 consistent with the May 7, 2003 Council recommendations. OR 20 Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 3 4c) 4d) The City of Pickering requests the Region to proceed with the implementation of the Regions' integrated waste management system that includes a two or three stream collection of recyclables and two stream collection of organics with the City retaining responsibility for collection of garbage, organics and yard waste under the following conditions: The Regional contract to collect expanded blue box materials remain with Miller Waste Systems at least until March 31, 2009 to coincide with the term of Pickering's contract to collect garbage, yard waste and kitchen organics. ii) The Region confirms that the program to collect kitchen organics will not commence until the Miller Waste Durham Inc. site at 1220 Squires Beach Road, Pickering is able to receive such waste, through a long-term commitment with Durham Region and after an extensive education and promotion campaign for residents in Pickering. The Region provide each household in Pickering the same "start-up" package consisting of bins, bags, liners and information guide that the other participating municipalities received as per the May 7, 2003 Council recommendations. OR 'The City of Pickering is satisfied to continue with the status quo waste management system, is not prepared to collect two-stream organics (yard waste and kitchen organics) at this time, is retaining responsibility to collect garbage and yard waste and requires detailed financial and tax impact information from the Region in order to determine a business case; and that Report OES 28-03 be forwarded to the Clerk of the Regional Municipality of Durham. Executive Summary: At the Council Meeting of May 7, 2003, the Region of Durham adopted recommendations regarding Report #2003-J-11 for Solid Waste Management Services. One recommendation was for the municipalities of Pickering, Ajax, Oshawa and Whitby to respond within 60 days, as to whether they concur with joining the Region's Integrated Waste Management Program. This report investigates the options available to the' City of Pickering for the provision of Solid Waste Management Services with respect to collection responsibilities and waste streams. The City has four options that can be considered: Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 4 21' Option 1 - transfer all waste responsibilities to the Region. Option 2- retain waste collection responsibilities for garbage only and transfer organic collection to the Region as a recycling/composting initiative and have the Region implement a kitchen organics collection program. Option 3 - retain waste collection responsibilities and agree to a two-stream organics system by implementing a kitchen organic collection program. Option 4 - maintain the status quo with respect to waste management responsibilities and collection systems (i.e., do nothing) Before any kitchen organic collection program can commence, the Region of Durham must commit to a site to receive and process the materials. The May 7, 2003 Regional Council recommendations direct Regional staff to negotiate with Miller Waste to utilize the site on Squires Beach Road in Pickering. The City of Pickering supports this location as a made in Durham solution. It is important to the City's administration that a "one collector take all" system be maintained in Pickering. As such, the recommendations in this report include conditions that Miller Waste Systems be the contractor in Pickering, in order to honour the long-term contract that Pickering entered into in October 2000. The Region of Durham has committed to fund kitchen organic green bins to an amount of $20 per household should this program be implemented in Pickering, regardless of jurisdiction over collection. The Region of Durham has also committed to recover the City of Pickering's collection costs through the Regional Solid Waste Tax Requirement effective January 1, 2003 if the City chooses to transfer waste collection responsibility to the Region. This cost is estimated to be $1,474,815 (net G.S.T. included)in 2003. Financial Implications: City staff have not received information requested in letters dated March 13, 2003 and April 4, 2003 to Regional staff regarding the financial estimates of the proposed Regional system of Integrated Waste Management. City staff was presented information by the Region indicating that under the Regional program for the four participating municipalities, the average increase on the overall waste tax requirement (local plus Regional) was estimated at 10% (range 0% to 20%). However, it must be noted that levels of service increased in three of the four municipalities. Regional staff have indicated that there would likely be no net tax impact in Pickering when all aspeqts of waste management expenditures and revenues are considered, however, no information has been provided to confirm this assumption, and a review of the Region's 2003 Current and Capital budget did not assist in this respect. 22 Rep°rt OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 5 Should the City transfer waste collection responsibilities to the Region, the local solid waste tax requirement would decrease and the Regional solid waste tax requirement would increase. Should the decision be made within the 60-day response period requested by the Region, the City's costs for collection will be recovered from the Regional Solid Waste Tax Requirement effective January 1, 2003. This is eStimated at $1 ,Z~74,815 (net G.S.T. included) for the year 2003. Background: On May 7, 2003, the Council of the Regional Municipality of Durham adopted recommendations from the Finance & Administration and Works Joint Committee related to the Annual Solid Waste Management Servicing and Financing Study and proposed 2003 Current and Capital Budget and related financing report (#2003-J-11). The recommendations have been categorized under the following headings and the entire resolution is included in this report as Attachment 1: a) 2003 Solid Waste Management Budget and Tax Rates b) A new expanded Blue Box Program in Ajax, Whitby, Pickering and Oshawa c) The Regional Integrated Waste Management Program d) The CN Watson and Associates "Durham Region Waste Management Systems Study" e) Residential brush, leaf and yard waste contracts f) Energy for waste g) Other matters h) Negotiations with Miller Waste Systems for a long term disposal facility i) Authorizations Recommendation C (iv) requested that the local Area Municipalities of Ajax, Pickering, Oshawa and Whitby respond to the Region within sixty days or sooner of their concurrence to participate in the Region's Integrated Waste Management Program. Report OES 28-03 provides comment on the Region's recommendations and compares them to resolutions of the Council of the City of Pickering related to solid waste management. It also provides information for Council to consider in making an environmentally and financially responsible decision on solid waste management services for the City of Pickering. Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and , Program City of Pickering Response to Report #2003-J-11 Page 6 23 Currently, the City of Pickering has jurisdiction over, and provides the sen/ices of collection of garbage, and yard waste to approximately 24,000 residential units (curbside and medium density multi-residential). Administrative sen/ices such as education, promotion and advertising programs are also provided by the City. In 2002, the City collected 22,418 tonnes of garbage waste and 1905 tonnes of yard waste. The Region of Durham has jurisdiction over, and provides the sen/ices of collection of blue box recycling and multi-residential recycling collection, and all services related to receiving, hauling, disposal, processing and marketing of all solid waste and recyclables. In 2002, the Region collected 6035 tonnes of curbside recyclables and 266 tonnes of apartment recyclables in Pickering. Recently, the Region of Durham has taken over all waste management powers in the Area Municipalities of Clarington, Brock, Scugog and Uxbridge through an Integrated Waste Management Program. In November 2001, the City of Pickering, in partnership with The Town of Markham, Miller Waste Systems and the Region of Durham commenced an integrated waste pilot program in the Amberlea neighbourhood. In this program, enhanced recycling and kitchen organics were collected using an automated collection truck and carts for approximately 518 homes. This program is still in place, but the cart for garbage and recycling has been removed and collection has been reverted back to bags and blue boxes. In this program, diversion from landfill increased from 27% to an annual average of 54%. The costs related to automated collection vehicles and carts make this prohibitive to expand Citywide, but indicated quite clearly the willingness of residents, on a small scale, to participate in separation of kitchen waste to increase diversion from landfill. When the Region commenced their Integrated Waste Management Program in Clarington, Brock, Uxbridge and Scugog, the four remaining local municipalities were asked if they were interested in participating. In response, the Council of the City of Pickering passed Resolution #75/02 at the Council Meeting of May 6, 2002, indicating conditions upon which Pickering would be a participating municipality. The Region dealt with this, and other local municipal correspondence and requests regarding solid waste, through the C.N. Watson review and Report 2003-J-11. Based on the recommendations contained within the Regional approval of May 7, 2003, the City of Pickering has one of four options. Option 1 Respond to the Region within sixty days or sooner of their concurrence to participate in the Region's Integrated Waste Management Program. 2(1 Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 7 Option 2 Request the Region to proceed to implement the Region's Integrated Waste Management System that includes the two-stream or a three-stream collection of recyclables and two stream collection of organics. Advise the Region that the City of Pickering will retain responsibility to collect garbage, and request the Region to assume responsibility to collect and recycle kitchen organics and yard waste. Option 3 Request the Region to proceed to implement the Region's Integrated Waste Management System that includes the two-stream or a three-stream collection of recyclables and two stream collection of organics. Advise the Region that the City of Pickering will retain responsibility to collect garbage, kitchen organics and yard waste. Option 4 Maintain the status quo with respect to jurisdictional responsibilities and waste management systems for diversion. Advise the Region that the City of Pickering is not providing a two-stream collection of organics, and kitchen organics will not be separated. The following describes the details of each option and provides the information required for Council to respond to the Region of Durham. Option The Region of Durham's Integrated Waste Management Program has established a minimum benchmark standard for levels of service. These standards are in place for Clarington, Brock, Uxbridge and Scugog and would be used for Pickering or any other municipality that joins the program. The benchmark requirements are included as Attachment #2. When comparing the Region's Program to those currently in place for collection in Pickering, the following differences are evident: Adds expanded recycling City-wide Adds food waste composting weekly City-wide Yard waste - paper bags become mandatory, i.e., NO PLASTIC Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 8 25 Adds 1 extra yard waste collection (24 vs. 23) White goods weekly (an increase for rural which is currently monthly) Imposes 3 bag limit for garbage (currently 4 bags) Allows purchase of tags for excess bags Bulky goods reduced to one a month collection (currently weekly) Bulky goods is a call-in service and may be user pay Includes street container collection (currently done by staff) The City of Pickering passed a resolution at the Council meeting held on May 6, 2002, advising the Region that Pickering is prepared to negotiate being a "participating" municipality in the Region's acceptance of all waste management powers, subject to many conditions. The resolution is included as Attachment #3. The majority of the conditions were contingent on the Region's program in Pickering being a wheeled cart- based system. The Region's Integrated Waste program is a system where blue boxes (or any suitable container) are used for recycling, bags (or any suitable container) are used for residual garbage, green bins are used for kitchen organics, and kraft paper bags are used for yard waste. Staff at the Region and City of Pickering are confident that increased diversion to levels exceeding 50% are achievable using the Region's system without the need for large wheeled carts. The Region has a commitment through their May 7, 2003 set of recommendations to provide the following assistance to the City of Pickering should the City be a participant: Fund (recover) the 2003 collection costs for Pickering through the Regional Solid Waste Tax Requirement effective January 1, 2003, should the City choose to transfer waste collection responsibility to the Region. The City's 2003 budget for compost and garbage collection is $1,474,815 (net G.S.T.). Since the waste management function would be at the Regional level, an annual expenditure of approximately $1,520,000 (total 2003 budget) would not be required at the City level in 2004 and beyond. II. Ensure the delivery of household "green bins" to each household at a total cost not to exceed $20 per household to be financed from the Regional Solid Waste Management Reserve Fund. Regional staff advise that this would be done through a public tender process and the package would include a kitchen bin, a curbside bin, bio-degradable liners (one box), and five (5) kraft paper bags for yard waste, similar to what was provided to Clarington, Brock, Uxbridge and Scugog residents. The City would not be involved in the specification or procurement of the bins. There are approximately 24,000 households on 26 Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 9 curbside collection resulting in an estimated expenditure of $480,000 for the green bin packages. III. Negotiate with Miller Waste Systems for a long-term solution for the receiving and disposal of Durham's garbage. Although not specifically mentioned, it is implied that this solution would be within Durham's borders and include the site on Squires Beach Road in Pickering. This would certainly put the Region and its area municipalities at the forefront of responsible leadership in waste management, and a made in Durham solution. Should the City decide to transfer jurisdiction of waste collection to the Region, there are certain safeguards that are important to maintain. Currently, the City has a contract with Miller Waste Systems to collect garbage and yard waste with a term that ends March 31, 2009. All of the terms of the contract were negotiated in good faith and excellent service has been evident since the contract started October 1, 2000. It is important that the new Regional contract be negotiated with Miller Waste with a termination date not earlier than March 31,2009. The City of Pickering and Region of Durham presently have only one contractor, Miller Waste Systems, who provides collection within the City boundaries. However, the Region's curbside blue box collection contract with Miller has only been extended to May 28, 2004. In order to get the most out of an integrated waste management program, having one contractor collect all materials is required. It is therefore, important that the contract to collect expanded blue box materials in Pickering with Miller Waste be extended to coincide with the contract for the garbage, and two-stream organics, that being at least until March 31,2009. Option 2 This option is a compromise between Option 1 and Option 3 in that it commits to the separation of kitchen organics from the waste stream and diverts this material from landfill, but this would be accomplished at the Regional level. It is based on the premise that the Region is a leader in recycling and waste diversion as part of its disposal mandate through the Municipal Act, 2001 and the Regional Municipality Act. The Region currently collects recyclable materials, and compostable kitchen and yard waste organics can be categorized as such. The City of Pickering would retain responsibility for the collection of garbage. The Region of Durham would retain responsibility to collect all recyclable (diverted) materials. In accordance with the May 7, 2003 Council recommendations, the Region would provide the green bins required for collecting kitchen organics and set the service level standards for all organics and expanded blue box materials collection. Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 10 2? In order to retain the "one collector" status in Pickering, the Region's contract(s) for collection in Pickering should be negotiated with Miller Waste Systems with an end date of March 31,2009. Option 3 By requesting the Region to implement the Integrated Waste Management System in Pickering, but not transferring responsibility of collection to the Region, the City is agreeing and committing to diversion of kitchen organics from the waste stream. The City would have to exercise Clause 3 of the contract with Miller Waste Systems, due to a change in scope of works, and negotiate new prices to reflect the collection changes contemplated. This would result in increased costs to the City. The Region has committed through their resolution of May 7, 2003 to ensure the delivery of the green bins for kitchen organics regardless of whether the City or Region has jurisdiction over collection. However, the City would not have input into the specifications or supplier. The City would be responsible to coordinate, promote and advertise the new integrated waste management system with the exception of blue box recycling to its residents and would retain jurisdiction over garbage, yard waste and kitchen organics collection and administration of the contract. The City would continue to budget for the collection service annually. With two levels of government responsible for collection under two separate contracts, there is the possibility that when the Region's expanded blue box collection contract ends May 28, 2004, there could be two different contractors collecting waste and recyclables within the City of Pickering. This is not desirable as proper coordination and cooperation is required during recycling weeks and holiday collection changes. Option 4 By exercising this option and advising the Region accordingly, the City of Pickering would continue with the Status Quo waste management system. The City, at this time, would not introduce the separate collection of kitchen organics to divert this material from landfill. As such, the contract with Miller Waste Systems would not change in scope and new prices would not have to be negotiated. However, maintaining the status quo, allows the City of Pickering to explore options related to waste collection and diversion as well as potential operating efficiencies with Miller Waste Systems. This would be done within a time frame acceptable to the City. The City would maintain responsibility for garbage and yard waste collection and would budget for these services annually with increases due to growth (volume) and CPI (indexing). Advertising, education and promotion programs would be maintained at the City and Regional levels. 28 Report OES 28-03 Date: June 5, 2003 Subject: The Region of Durham's Integrated Waste Management System and Program City of Pickering Response to Report #2003-J-11 Page 11 Attachments: Resolution of May 7, 2003, Council of the Regional Municipality of Durham Region of Durham's Integrated Waste Management Program Benchmark Standard for Levels of Service Prepared By: Richard W. I~;~born, P. Eng. Yvision Head unicipal Prope~y & Engineering Approved (..Efi~b~;secJ~By: Director Operations 8, Emergency Services RWH:ds Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Co~il ~. Tl~s J. O~i~n, Chi~'f Admire OffiCer The Regional Munlvtpallty · o[ Durham Department BOX 623 80B RO$$LAND ROAD E, WHITBY ON LIN 6A3 CANADA 1-800-3.72-1102 F~X: (gO$) 668-gg83 E-mail'. .Clerks@region,durham.on,ca www, region,durham.on.ca Pat M. Madlll, A~M.C,T., CUM Regional Clerk FR CLERK!:; ]'IE~F'~ 91Z15 G;~G: .~9~0 TC, F'ICKER]NG F'.E~i,.'"g~E '-~ ~' O~"L ~ Area ClerEs ......... ~::'~ ~ ~.~':~ : · F~ ~B~riginal to follow .. May 14, 2003 ~" .......... ~ ..... :'":;7;,;;~'~,~7:L" ......... 7": ...... CITY OF p~Ci;~RtNG ......... "': "' ....... To~ of'Aj~ .. 85 Ha~ood Avenue Aj~, ON LI~ 2H9 ¸29 The Annual Solid Waste Management Servlolng and Financing Study and proposed 2003 Current and Capital Budget and r..elated flnano!,n,q (~2003-J'-1,1) - OUR FILE: F07-00 ....... _ Mr, de Ron,d, the Finance & Administration and WOrkS Joint Committees of Regional Council .considered the above maffer and. at a meeting held. 0n'May 7, 2003, Council adopted the following recommendations bf the Joint CommitteeS; 2003 SoII. d Waste Man, a,,qement Bud;et and Tax Rates i) THAT'the proposed ~003 Regional Solid Waste Manag,e...ment Operatln~Budget in the amount of $20,426,600 be approved'as, summarized In Schedule 1 to the Recommendations contained in Joint Report 2003- J-!1; ii) THAT the proposed 2003 Reglo..n. elSolld Managem.ent Caoital Bq,d~et in the amount of $720,000 be approved as summarized in Schedule 2 to the Recommehdations contained' in Joint Report 2003-J-11; and foi'oui~ CO'~,J~UNITY" iii) -THAT the2003 Reglo_naJ Solid Waste,lylanaRement Tax Rate...._._._.~s be approved as summarized in Schedules 3 and 4 to the Recommendations contained in Joint Report 2003-J-11, based upon the proposed 2003 Solid Waste Management Budget, which in 2003 separates Regional Integrated Waste Management Program costs from the remaining non-integrated program costs for Regional waste operations in the Towns of Ajax and Whitby and the Cities of O~;~awa and Picketing; /2 I O0~f, Pos~.Con~u'mer 2003 FR L.L E ~..t,, = DEPT .=""¢1:_~.~ 6;13:3~,° '= g "'"_, _, ,_', TO F'I CKEF.'. I NG P. 0 2..."0E -2' b) An, ew expan.d.ed Blue Box Pro_a.ram tn. Alax, W ,h, ltbv; ._Plckerln, ~3 and. Oshawp i). THAT in order to meet Regional Council's commitment to' implement a.n'expanded recycling program as soon as. · possible across the Regi0n.the following be aPproved:. 'THAT a cont?act extension w!th Miller Waste Systems for .the curbside collection of .basic Blue Box recyclable$ for the residents of Ajax, O~hawa, Pickering'and Whitby at the rate of $28,77 per household'per year, (excluding cs'r).frOm February 1 ,.2003 until June 6, 2003, when an expanded recycling program can commence in Ajax, Oshawa, Pickering an, d Whitby; THAT a contract, extension with'Miller Waste Systems for the curb-side collection of'the,e.e_x. Eanded Blue Box re.cyclabl6s f<)r the residents Of Picker. lng, Ajax,'Whltby and Oshawa at the rate of $27.32 per household per year i(excluding GS'I'-) from June 9, 2003 to May 28, 2004; '. THAT a contract extension with Miller waste Durham Inc.. for.the sorting of mixed Blue Box Containers at Miller's Picke¢ing facil!ty at'the' bast~ sorting rate of St 66.96 per' t0nne from.February 1,2003 until the new expanded Blue · BOx'containers program is started on June 9, 2003, (At which time, 'a new rate of $103,19 per tonne; excluding CST, will apply'until May ,28, 2004); v) THAT a contract extension with Miller Waste Durham Inc. for the haulage of mixed Blue 'Box containers, received from Clarington, Ajax, Oshawa, Piokering abd Whitby, to Miller's Pickering.'facility, at a rate of $31.00 per tonne, including .the rental of'required' mil,off bins (excluding CST) dudng the per!od from February !, 2003 until.May 28,. 2004; 1 Z: o._-4 FR CLERKS ]:IEF'T c) 9 ._ E, ,_', T 0 P I C H::T E P... I N G 905 Th,e ii) Re~lonai_!nte~rated.~aste' Mincemeat Progra~ THAT in order to implement the Regional council Reselution of Februa~ 12, 2003 .(A~chment ~1, Sohedule 2 'to Joint RepoA 2003~J-11), Regional authorized Works and Finance staff to commence negotiations.with Pickering, Aj~, OshaWa,. and Whitby, to resolve outstanding issues, including concerns and recommendations brought fo~ard by Io~l Area Municipalities through correspondence received by the Region from Picketing, Oshawa and Whitby (see ' A~achmen~ ~3 - Correspondence Items t0 Joint Repo~ 2003-J-11)., to pe~it the implementation of the Region's · Integrated W. aste Managem'ent Program ~n these Area Municipalities by 2004; 'THAT given the willingness of'the'C~.0f Pickering to'. pa~ictpate in a Regional In, grated Waste Management Program, wh'ich includes curb-side organic, oolleCtion and exp~nded mcyc)'ables collation, It is fu~her recommended ,that: ~. · .a) . Staff.of the Fina~ and Wor~ ~pa~men~ authorized to immediately commen~ negotiations wEh the'staff of the'Cl~ of Pickering and Miller W~te Systems to determine the feasibili~.of. extending the Region's integrated W~te Management Pr~ram t0 picketing ~esidents commencing as soon as p~ssible in 20~; b) Should the Ci~ of Pickering choose to transfer waste collection responsibili~, under the Act/the 2003 costs for collection,, recycling,, haulage and disposal be re~vemd' f.mm Picketing through. the Regional Solid W~te T~'Requirement effective Janua~ 1,2003;' and iii) 'THAT the Region ensure delivery of household 'Green Bins' to each household, at a total cost not. to exceed $20 per I'tousehold:~o be .financed from' the Regional . So'lid Waste Management Reserve Fund, consistent with the Region's 2002 capital funding.commitment to purchase organics containers, as previously approved by Regional Council during implementation of the Regional Integrated Waste Management.Program in Ciarington, Brock, Scugog and Uxbridge; ... ~4 M A Y 1 4 32 2:oM FR CLER"c -,D =-.o C: [ ...... ]')EF'T 985 E;b,_, 9.db,_, TO PI KERING d) .~ oi-,u;' - iv) ' ~NAT.~he.lo~l. Are~ Muni~ip~li of'Aj~, Picketing, "Osh~w~ ~nd' Whitby be:requ~d l°'re~pond 1o the. '~eg~oD w~hin' ~i~y d~ys, Or eo~ner of lheir oonourrence t0:~a~icipate In t~e Reg~o~lntegrated WaSte. .' Management Program; '~ ~e C;N. Watson ,nd ~iates "Durha~ Re,10n:Was~. ..Management'. S~s Study".. . 0 ~AT the rep0~ from C N. Wa~on and.~s~iates "Durhsm Region'W~te Mana~ment Systems Stud~' be re~ived (see A~chment ~2 to' Joint' Repoff 2003~J-11) and RegiOnal Council approve the'recommenda~ons ~ntained in the ~d~ ~ follows: 'That the 'Region of Durham' con.tinue to proceed wjt~.. the.implementation of its'"LongFterm Waste Management Strategy Plan~ 2000-2o2o;' b) That the Region Of Durham,.in concert with' the:. ' Area MuniciPalities, proceed't0 implement the::~ '" Region's 'integrate~ waste management System for? the municipalities of Picketing, Ajax, WhitbY and Oshawa .that includes the two-stream o'r a three- '' stream cgll~ction of.i'ecyclables and two-stream . ~olleotion Of organics,, at the local municipalities , . request,;· . .... e) ' ,R~sldentlal Brq.sh, Leaf and Yard Waste:.ContractS · i) THAT the Region reject all proposals submitted under RFP.. 382,2001 for the receiving, hauling and' composiing of brush,' ·. leaf and yard waste as well as food'wastes for composting, since the one bid received was unacceptable; and ,. ii),' THAT the' Region iss,ue.heW tenders for the interim receiving, · hauling and composting' of residential I~rush, leaf. and yard wastes from Picketing, Ajax, Whltby and Oshawa and from.the . Region's Waste Management Facilities; P. 04/06 /5 M A 'Y' I 4 208:3 12:48 FR C L E R K S Enerl;ty from Waste' i) THAT.the Region. rejeCt a proposal from Miller Waste Systems for the receiving, hau!ing and disposal of up. to 15,000 tonnes of residential garbage waste at the energy from waste facility operated by American ReFuel in Niagara . Falls, New York due to prohibitive costs; and ii) THAT Regional staff .be authorized tO ;meet with staff from othe~ GTA 'Regions .to explore· opportunities to maximize waste diversion and examine opportunities for management of waste materials,, including options for Energy From Waste type facilities; ,Or;her Matter~ i) THAT in order to continue exis{ing recycling programs and · establish a rate for garbage bag tags, the following be .. approved: a) b) ·c). The contract'be extended with Miller.Was'm, Systems for collection and processing of Blue Box recyolables from apartment.buildings and town. houSes in.Picketing, Ajax, = Whitby and Oshawa at tha,,~urrent rate of $1,23 per unit per month (excluding GS,T) from May 1, 2003 to September 26, 2003; 'The contract be extended With Atlantic'Packaging Products Ltd. for the sale .of Blue Box paper fibres at currant'market rates from February ,1,2003 to May 25,. 2004; and " That Regional Fees and Charges fer Solid Waste Management be approved as set out in Atta(~hment#i- Schedule 3 to Joint. Report 2003-J-11, including a Regional fee for garbage bag tags sat at $1,50 per tag, to be purchased where residents and businesses participating in the Regional. Integrated Wast~. Management P~ogram:(currently. In Clarington, Scugog, Uxbridge and Brock) require more than. the three bag 'limit of garbage waste per collection stop, 'T. he approved listing for Solid Waste Management. will form' part' of the regional listing of Fees and Charges to.be distributed to the public; /6 33 2' 0 0:3 FF4 'h) _.L E RI.,.=, 985 E;E;L--I 9983 TO P!CKEF.'.]NG ¢3'TACi,4 M E Ni"#_,...?., ,. t 0 RI.PORT #~. -6- THAT subject to negotiation with the local.area municipalities. 'participating, t~at'staff negotiate with Miller Waste Systems fora long ten dispo~l facil~ for the' disposal of .D, ufnarn'garbage and that the neg~iiatiSns,.~ pla~e uPOn. notific,~t~on from the lower area municipalities for their p~. rticipation; and Authorlza.tlons: , i). ' THATthe Regional Solicitor.be authorized to, prepare the requisite By-law.~ and, agreements; and ii) ' , THAT'the,Regional Chair and Clerk be aut,horized to execute the subject agreements." P. 0 E;.," 8 E P.M; Madilt, A,M;o.T;, CMM 1 · Regional Clerk PMM/ab ' C: R.J. Clapp, commissioner of Finance, J;R, McCorkell, Commissioner of Works B.J. Royl Regi0nai.Solicitor Area'Clerks :',~:: :'*: T 0 T Fi L. P FI G E 8 E; :4:: ;~' ~, ~ A'..HMENT#_ -~ TO REPORT# !, of ./ ....... Region of Durham New Integrated Waste Management Program Benchmark requirements 35 The Region of Durham has established the following as the minimum benchmark standards for the new integrated waste management program, so residents will know what to expect and better understand how they can actively participate in reducing their waste by increasing their recycling and composting activities. These benchmark standards will ensure residents receive the same level of curbside waste service and the Region is able to cost effectively recycle, compost and dispose of residential waste materials. Garbage · Weekly garbage waste collection with a 3 bag limit per collection · Garbage bag tags for more than the 3 bag per week limit · "Call in" separate bulky goods collection Recycling · Biweekly expanded Blue Box recycling collection · Two or more Blue Boxes to be used to separate paper fibres from containers · Cardboard and boxboard to be flattened, bundled and tied · Weekly white goods collection · No plastic bags Composting · Weekly food waste collection using bio-degradable liner bags · Seasonal leaf & yard waste collections, 24 per year · Paper yard waste bags or rigid open top containers to be used · Seasonal tied brush collection with a 3 bundle limit per collection, 24 per year · Christmas tree collection, two pickups in January · No plastic bags · No grass clippings ,.Operational activities · Collection hours to be 7:00 am to 4:00 pm, Tuesday to Friday · Holidays to be collected on following Saturday · All waste materials to be collected on same day of week RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 29-03 for a Lease Agreement for a TELUS Mobility Communication site in the City of Pickering, be received; and That a By-law be enacted to authorize the execution of a Lease Agreement in a form satisfactory to the Solicitor for the City and the Director, Corporate Services and Treasurer with TM Mobile Inc. (TELUS Mobility) for those lands consisting of part of the road allowance between Lots 24 and 25, Concession 5 (Sideline 24, south of Hwy. 7), for the purposes of installing and maintaining communications equipment; and That staff prepare the required documentation and by-law to stop-up and close the road allowance affected by the agreement; and 4. That the Mayor and Clerk be authorized to execute the Lease Agreement. PICKERiN-G REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: OES 29-03 Date: June 6, 2003 3? From: Richard W. Holborn, P. Eng. Division Head Municipal Property & Engineering Subject: Proposed TELUS Mobility Communication Site Sideline 24 North of Highway 407 Lease Agreement Recommendation: 1. That Report OES 29-03 for a Lease Agreement for a TELUS Mobility Communication site in the City of Pickering be received; and That a By-law be enacted to authorize the execution of a Lease Agreement in a form satisfactory to the Solicitor for the City and the Director, Corporate Services and Treasurer with TM Mobile Inc. (TELUS Mobility) for those lands consisting of part of the road allowance between Lots 24 and 25, Concession 5 (Sideline 24, south of Hwy 7), for the purposes of installing and maintaining communications equipment; and 3. That staff prepare the required documentation and by-law to stop-up and close the road allowance affected by the agreement; and 4, That the Mayor and Clerk be authorized to execute the Lease Agreement. Executive Summary: Not Applicable Financial Implications: The initial term of the Lease Agreement is a five-year term with a lease rate of $6000.00 per year, plus any taxes that are levied, charged or assessed upon the lands. TM Mobile Inc. (TELUS Mobility) will be responsible for the costs of access, installation, maintenance, electricity charges, permit fees, etc., as applicable to development of the site. The lease can be extended for three further consecutive five-year terms at either a negotiated rate or the original rate, plus Consumers Price Index (CPI). The revenue to be received in 2003 was not contemplated during the budget process and therefore, represents unbudgeted revenue. Report OES 29-03 Date: June 6, 2003 38 Subject: Proposed TELUS Mobility Communication Site Sideline 24 North of Highway 407 Lease Agreement Page 2 Background: TM Mobile Inc. (TELUS Mobility) provides communication service for the Durham Region Police Services and a site in central Pickering is required to maintain and enhance coverage in the area. The company pursued a site on Ontario Reality Corporation Lands close-by, but was advised that their lands within the Seaton area were temporarily frozen for lease purposes. TELUS then located a site that is suitable on the City's road allowance of Sideline 24 that is no longer in service due to the new structure over Highway 407 that re-aligned Sideline 24 further east. A location map (Attachment #1) is provided for reference. The City has contacted Ontario Realty Corporation and have been advised that these lands are not part of the Highway 407 right of way, nor are they required for Highway 407 purposes. A draft Lease Agreement (Attachment #2) has been prepared and forwarded to the City for consideration. Should the City agree to enter into a Lease Agreement, the terms of the agreement will be finalized to the satisfaction of the Solicitor for the City and the Director, Corporate Services & Treasurer and the agreement will be executed. The initial lease will be a five-year term with an annual lease rate of $6000.00 per year. The lease can be extended for up to three more consecutive terms of five years each for either a negotiated rate or the original rate indexed by the Consumer Price Index. TM Mobile Inc. (TELUS Mobility) will be responsible for costs associated with access to the site, installations and maintenance of the equipment, a survey to legally identify the site, and any taxes that may be levied on the property. In order for the City and TM Mobile Inc. (TELUS Mobility) to enter into this lease agreement, there will be a requirement to stop-up and close the portion of the road allowance to be used for the purposes of the lease. Should Council concur with the recommendation to enter into a lease agreement, staff will prepare the required documentation and by-laws to stop-up and close part of Sideline 24. Report OES 29-03 Date: June 6, 2003 Subject: Proposed TELUS Mobility Communication Site Sideline 24 North of Highway 407 Lease Agreement Page 3 39 Attachments: 1. Location Map 2. Lease Agreement 3. By-Law Prepared By: R~c~ard W. H¢lborn, P. Eng. Div, ision Head' Municipal Property & Engineering Appro~ndorse~By: Evere~.Bunts~' Director Operations & Emergency Services RH:ds Attachments I:\COUNCIL\OES 29-03.doc Jun-03 Copy: Chief Administrative Officer Director, Corporate Services Director, Planning & Development City Clerk Recommended for the consideration of Pickering City Council T-'l~on~as d. Qui¢, Chi~,f/Adminis'~J,~e Officd'r I ,t fl I HIGHWAY 7 , i 407 407 OPERATIONS & EMERGENCY SERVICES DEPARTMENT ATTACHMENT FOR OPERATIONS MUNICIPAL PROPERTY & E.G,NEE.,N~O,V,S,O. & EMERGENCY SERVICES REPORT sc~t: 1:,0 000 I °^~JE~JNE 6,2003 PROPOSED LOCATION OF COMMUNICATIONS TOWER Pi(]K F, RI L:\MP~E\[HEMATtC MAPPINO~MAPS~$TREET BASE\OE~S DIRECTOR\ATTACHMENT FOR REPORT\ OPTION TO LEASE Site No.: 1256 41. This option is granted this day of ,2003. By CITY OF PICKERING ("Grantor')to and in favour of TM Mobile Inc. ("TELUS Mobility") 21. The Grantor represents and warrants to TELUS Mobility that it is the owner or lessee of the real property(ies) described in the attached form of site lease or is the properly authorised agent of such owner or lessee and has the authority to grant this optior~ B. The Grantor has agreed to grant to TELUS Mobility an option to lease the area(s) described in the attached form of site lease. In caasideration for the payment or the promim of payment by TELUS Mobility to the Grmtor of Five Hundred (CDN. $500.00) Dollars and other good and mluable consideration, the receipt and sufficiency of which are hereby aclmowledged, the Grantor hereby grants to TELUS Mobility an exclusive and irrevocable option for a period of three hundred and sixty-five (365) days from the date hereof (the "Option Period") to lease from the Grantor the area(s) d~:xibed in the attached form of site lease m the terms and conditims set out therein. This option may be exercised at any time during the Option Period by TELUS Mobility:. (a) indicating the Commencem~t Date (which shall be a date within the Option Period) and correspmding ending date on the attached site lease; (b) executing the attached site lease; and (c) providing the fully executed site lease (which may be by facsimile transmission) to the Grantor at the address shown below. Throughout the Option Period: (i) TELUS Mobility may enter onto the Pren~ises (as defined in the attached form of site lease) to conduct necessary testing (at TELUS Mobility's sole cost and expense); and (ii) the Grantor will not act or omit to act in any manner that could reasonably be expected to have the effect of rendering the exercise ofthis option less desirable to TELUS Mobility than it is on the date hereof- Without limiting the generality of the foregoing, the Grantor will not dispose of its interest in the area(s) described in the attached fram of site lease unless the acquirer of such interest has agreed to be bound by this option. The parties have requested that this optim and all related documents be in F.,ngli~qh. Les parties (mt exig6 que cette option de bail et tous les documents s'y rapportant soient r&lig6s en anglais. Address of Grantc~.. City of Pickering One the Esplanade Picketing, Ontario L1V 6K7 Attentiom Richard Holbome Facsimile: 905 420 9685 Telephone: 905 420 4611 CITY OF PICKERING Name: Title: TM Mobile Inc. 200 Consilim Place., Suite 1600 Scarborout~ Ontario M1H 3J3 Attention: Real Estate Director Facsimile: 1-800-788-6622 Telephone: 1-800-815-5715 TM MOBILE INC. By:. Name: Title: 42 ~ ~ ~N" ~ r TO REPOi ' ~of f Site No. ON- t256 SITE LEASE This Lease is made as of Janua~7 29, 2003= B E T WE E N: THE CITY OF PICIGiRING, (the 'Zesscr') and TM MoNle Inc. ('qT_LUS Mobility') 2t. The Lessor represents and warrants to TELUS Mobility that it is the owner or lessee of the real property(ies) described in Schedule 'A" (the "Premises") or is the properly authorized agent of such owner or lessee and has the authority to enter into this Lease. B. The Lessor has agreed to grant to TELUS Mobility a lease to it of the area(s) described in Schachde "B" (the "Site') being a portion of the Premises. NOW TItEREFORE for the rent (plus applicable sales tax and goodx and services tar) set out in Section 1 payable by IELUS Mobility to the Lessor and the following covenants, conditions and agreements, the Lessor hereby leases to TFJ_,US Mobility the Site together with its appurtenances herein described all on the Terms and Conditions set out below. Subject to receipt by TELUS Mobility ofnecessary regulatory and munidpal consents with respect to TELUS Mobility's proposed use of/he Site, the Lessor grants to TELUS Mobility:. (i) the right to build, maintoin, occupy and use on the Site an equipment building (the "Shelter") or other designated room described in Schedule "B"; (ii) the right to construct, install, operate, maint~-2 and repair on the Site such equipment, devices and trade fixtures (collectively,/he "Equipment') as may be necessary for/he carrying on of TELUS Mobility's telecommanications business; (iii) rights of access, including appropriate easements, servitudes and rights of way on, over and through the Premises, with personnel, vehicles and necessary equipment to the Site and its appurtenances; and (iv) the right to use the' Site, including the Shelter and /he Equipment, for the purpose of a tdecommunicafions business and any other purposes as are inddental thereto. TO HAVE AND TO HOLD for a term of five (5)years (the "Term") commencing on ,2003 (the "Commencement Date'') and ending on ,2008 and any extension term(s) as provided in Section 2; all in accordance with and subject to the Terms and Conditions hereinafter provided Address of Lessor: Picketing0 Ontario L1V 6K7 Attention: Richard Holbome Facsimile: 905 420 9685 Telephone: 905 420 4611 420 4660 2119 CITY OF PICKER1NG Title: GST Registration No.: TM Mobile Inc. 200 Cta~silium Place, Suite 1600 Scarborough, Ontm'io M1H3J3 Attention: Real Estate Directer Facsimile: 1-800-788-6622 Telephone: 1-800-815-5715 TM MOBILE INC. By:. Title: April 29, 2002 TFW, MS AND CONDititON$, ON 1256 4 1. Rental R~te. F~ ~e fi~m ~ted by ~e ~ss~ to ~LUS MobiliW, ~LUS ~obiliw sh~l p.~.to ~e ~ss~ ~ m ~e rote. of 2, ~ghts of E~ension. ~e ~ h~by ~ to ~US MobiliW the fi~m to q~end ~ T~ 9f~ ~e f~ ~ (3~ ~tipg md s~l ~e eff~ ~s ~S M~m~ ~ty ~s not to,~x~se ~y sucnp~t~.t~t m~t~) my5 ~% t~ ~ e~a or mt ~m to ~e ~e ~ ~e ~ ~ rn~ maex (mi a~) m sum m~mety pre~ pm~ 4. Covenants of ~LUS MobiliS. Taxes, rotes ~d ~sessments - ~US MobmW ~11 ~y ~ md ~ d~ fl[ t~, mt~ ~O ~s~s~2m~ ~ ~ r~ T~ ~ r~~s. ~e t~fion of ~S ~e ~o 8~1 restore me ~ite to me ~tim ~t ~ ar me ~e m above ~R~ r~le we~ ex~d. 5. Covenants of the Lessor. US Access - ~ ~y of a~pr~fi~e ~, s~t~ ~d fi~ of ~y ~ over md ~ ~q ~s~, ~e ~s~j~l pr~d~ to 6. ~LUS Mobili~'s Equipment. ~ Shelt~ ~d ~e ~pmI to the ~s~ ~ ~y ~, fll of ~e Shett~ ~ff~e ~ent shflFre~ ~t~ o~ ~s~ ~ movmme ~US MobiliW ~ ~e ~ flt~t~ m~ ~oms m ~e Site O~g the T~ ~d.~y e~i~.~f (a) Ml-~sk ~ ~ ~v~ng ~e ~11 ~ble repl~ent ~t of ~t of its ~deR~ ~e Shelt~ ~d ~e Equi~ent t~t~ p~s~t to ~s ~ ~ffi~ dedu~im f~ ~redati~ ~d ~ r~able dedu~ibles; and j) ~dfl ~n~ ~abil~ty ~ ~v~ge in ~ momt not less ~ Five ~llim ~ll~s ($5,000,000) per ~en~ rasing om offfie ~ ~'s ~i~. Pbli~ li~ts ~e not in,eased by ~ ad~fi~. M ~e ~ss~'s r~ ~ M~RiW sh~l provide a Mem~dm of ~ e~d~g ~m said ~v~ ~e in f~ ~d shill flso ~l~s or ~ ~ a~ by ~e ~s~ to ~ ~ ~e Presses, ~e ~s~ shill not ~e liable to ~US ~o~iliW I~ ~y mt~en~, in~~ ~ ~e~o ~e.She[t~ ~.~y p~ of ~US ~obili~s Eq~m~t ~.~y ~re~ ~.m~u~fial ~ge res~)~g ~m ~y mmrm ~ophes ~ f~ ~y mine ~~ wNch m ~md ~e r~sm~le ~n~ol of~e ~ss~. INITIALS: 44 LUS Mobili not LiabLe· Except for the negligent, a%s, ~,~,~o~s~o~s,~:~tt~.~o~elful~ and wror~l acts or omissions of TELU. S 9 TE tW .umonzea o ll:~t~ xvxoo~ttty u the Prermses, TELUS Mobility shall not Mobility .or _IELUS MtYOlllty~s..el~lOy~ _ar~,~_~t~l~°se~p~rs~°~a~~ suffered b~vY~e Lessor liable to the Lessor for any costs ~ncurrea or lo~ u~ ~,~, om, ~ · 0 ' Default U~a the material default bx_ either p.art~, of aqT~.of {ts ~e~e ~e~u~li_ga_ti~o~. rUneced~ thiner}, &ettP~art~n~ ~or~_~h~tp .~ pray in default is dihgently moving not in delhutt ox sum ctelamr or mmm such luug~ ' to remedy the same. 11. TELUS Mobility's Finaneln? Arran~ement~. . o~ s .egun~ .mtey, est~. ann t.o ag.y ~,~[¥~g__~-~ .... onabl r . ~-W~e~e in writing the foregoing m such form as tbe ~fievant financier may teas y eqmre ~ For the ~m~s _e4___ of this Secfien .11, .TE?~S M.°bility is execut4n~ ~th!]s -,-lr-e-a-~s-~ ~J~eteS. e. if and as an agent for the finanders referred t° herein (bw~)th whom TELUS Iglobility may be entenng into nnancmg arrangements xrom uxn~ t 12_ R l! · . ' ' ieres rile I an ri l.s to extcma ~m w~ ~, . . - ' hereof Stl tfl ~Momlirys in .t, . erin, ¥ gn.' . dfTELUS Mobihty by e~ non as bale nominee for r.egl . p~urpos .. its n~t~ and obhgati ,op~ trader this ~I.~s_~ .t._o._._an~ ~.e. lated or affih .at. ~ ' etgo a ~h~rd mrty a 'on of the Site and its appurtenances, ............. elaxed or affiliated _entity m~u~a~ a partnership, and (m, hcens . . porti aDDtlrterlallC~ to ttt~y x . . . .. fo/use as a telecranmmacanons antenna she. the Premises} ;~%~le~ge~l~; validity or a~b,hty of any aspect of this Lease antt every asmgn by all obligaUons of the Legsor nereunaer. 15. Governin~ I~.~_.w.: L~.n~age. ~T~a~e_p~r ~c~..s~[o~_eOtfo~a't~Le~stoedehalelxc~mvg~e~r~dib~i~~.omf ~.a~at ~m,.'~ee~art~w~gs°f~..~4 Pmau~es~xl~m~th~s ~a~}t~[ [l~reeiaat~admo~n~b~.n~ish. Les parties ont &~3 que ce bail et tous les aocumenu s y rapportant so, em redig~s en anglais. ea ' ' ' ' ' '" ' ' '" ma not b~ amended or modifiea except oy wmten lllStrtlm~t.exwuutm uj .uuu~ : ' ~ eto ~ Sdledule Schedules, y . - ' ' e locaUon ~)~the S~te ~t shall be attab, hed her · ' TELUS Mobfli obtains a surv~ which ~dent~fies th . ., d s the execut~o.n 6fthis,Lease, , ~ - ' the es res Vel admowledges that the nature an cope and shall me ~eceomce 9v~ Schedule. 'B and form, pm of._t~_'_s~ ,~Iz~..,e. Each of para pecti y of each of the filauses of this Lease nave ~ aaequateiy expmmea to xt. ·. ....... ' e transrmssmn of a of this ~ .e.xecut. ed b a party shal ........ facsnmle tr~,xsnnssmn and receipt 0y~.Ia_~mail . _cgpy . e shall be yen ohal dehvery or fa~slrmle transrmsmon, .... t lated or owded for und~q this Leas g~ . ~.' pets facsnmle transnnsmon. _Any notxce con _erpp pr · · fibbve which transmission is to be hmfinned, to th~ addresses set out opposite the mgnatures of the parties . Cun~-tencement Date an trrevocaote an.a ~x.c.~v~ upu~,~ ,~ .~ --mined. Schedule "D" upon the same terms aha conmuc~ls as are hereto ctmtam 19 Severabili .ry. ahquld .any prqyi. 'sion or provisions _o_f,_:~,':s~. ~L~as~e..be~ ~er~,~t°~.b.a r,°i~g~s~l~beCeab&-~der~°lsee~tePand it or they severable ,h;l~ i~,~ A~rl nnt ~o affect or ~ the validity or enforceability, m ~my ~,~, w ~_~: ..... wt .......---~ ~ ~e-~a'i~ ~nihg ffrovisions which shaU remain in force and be binding caa me pames. 20. Authorization. As~ pr.ovide.d., in ~e. ~att~a.ch.~ ruer, the_._L~_.s..s_veh~er, eub~y__au~h~or~sZeoSf eT~Lx~U~.si~Moi~liTl~s ~r .any information from any this Lease and the Lessor ~ers with resl~ct to ~e Fr_ennse. s, ,that I~c~L,U~ MODIlI~/may rcqtm< ,~ m~ i'~o ~ .... ~ agrees to execute same to confiaxn the ~oregomg. 21. Schedules. Schedules and other documents attached or referred to in this Lease, including without limitation, the Schedules indicated below, areal part of this Lease. Schedule "A" - [] Schedule 'q3" - [] Schedule "C" - [] Schedule '~D" - [] Schedule '~" - [] Authorization Letter - [] INITIALS: THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of a Lease Agreement between the Corporation of the City of Pickering and TM Mobile Inc. (TELUS Mobility) for the leasing of those lands consisting of part of the road allowance between Lots 24 and 25, Concession 5 (Sideline 24, south of Hwy 7) for the purposes of installing and maintaining communications equipment. WHEREAS pursuant to the provisions of Section 110 (1) Municipal Act, S.O. 2001, c. 25, as amended, the Council of the Corporation of the City of Pickering may enter into lease agreements for municipal capital facilities. 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 Lease Agreement in the form acceptable to the Solicitor for the City for a five-year (5) term ending December 31, 2008, between the Corporation of the City of Picketing and TM Mobile Inc., (TELUS Mobility). BY-LAW read a first, second and third time and finally passed this 23 day of June 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That the draft by-law to appoint three persons to enforce the Parking By-law at 1691 Pickering Parkway and nine persons to enforce the Parking By-law at 400 Kingston Road, be forwarded to Council for approval. REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: CL 19-03 Date: June 10, 2003 From: Bruce Taylor City Clerk Subject: Appointment to enforce the Parking By-law at 1691 Pickering Parkway and 400 Kingston Road. Recommendation: That the draft by-law to appoint three persons to enforce the Parking By-law at 1691 Pickering Parkway and nine persons to enforce the Parking By-law at 400 Kingston Road, be forwarded to Council for approval. Executive Summary: Not Applicable Financial Implications: None Background: Correspondence has been received from Japter Realty and Nemesis Security Services Inc. requesting the appointment of persons as By-law Enforcement Officers for the purpose of enforcing the Parking By-law at 1691 Pickering Parkway and 400 Kingston Road. Correspondence has also been received from Actual Parking Services Ltd. requesting the deletion of David Hutchinson as a By-law Enforcement Officer. Attachments: 2. 3. 4. Correspondence from Japter Realty Correspondence from Nemesis Security Inc. Correspondence from Actual Parking Services Ltd. Draft By-law Report CL 19-03 Subject: Appointment of By-law Enforcement Officers Date: June 10, 2003 Page 2 Prepared By: Debbie Kearns Committee Coordinator Ap plo~,!~,,~J-E n d~o rs ed By: ~ruce Taylor City Clerk BT:dk Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Cou~jL~ ,::i,,~~ Th~ma~ J: Quinn,~hief ~minis~i~e Officer JUN-9-R00J !1:54 F~OM:J~PTSR 905686~SS? T0:905~09685 ~:1~! JAPTER 49 88 'RoberSOn Drive Ajax ,Ontraio L1T 3Z6 June 9, 2003 Thc Corporation oft. he City of Pickcring One The Esplanade Pickcring, Ontario, Canada LI¥ 6K7 City Clerk (905) 420-4611 Fax (905) 420-9685 Re: Enforcing Traffic by-Law -- 1691 Picketing Parkway, Picketing, Ontario Dear Debbie Keams; I am responding to your phone call earlier on today regarding assigning specific names to be authorized for the permit, The 3 names will be: Helene Ata Raymond Am Emil Tabar I hope this gives you all the nc~dcd info. Should you require any other details, plcase call us at (905) 686-3344 Siacexely, Helenc Ara FROM 5O Jun. 09 2005 04: 22PM : 416 2B5 0204 NEMESIS SECURITY SERVICES INC FA)< NO. NEMESIS SECUR! 2'- -To Secure and Protect CROC~ BOULEVARD. TORONTO, ONTARIO. M'IR..~C2 Phone: (4t6) 285-5233 Fax: (416) 285-0204 Monday, June 09, 2003 FAXED: 905.420-9~8~ City of Picketing By-Law office Picketing Civic complex One The Esptanade p~er~'~, Ontaflo LIV-6K7 Attention: I am kindly requeSUrtg that our company be authOrized to condUct parking enfomement at the above location. I I~ave attached a copy of my clients' authorization letter. I am also requesting that the same Officers on file for 1330 Altona Road, 1792 Uverpool Road & 575 Steeple Hilt be authorized to enforce at this location as well. The Officers am; Name Petec Alves William Casey Darren Little Kenneth Levatsuch Eshantha Guneratna David Diaz Oelgado Coboume Jonathan Muclde Diane DiaZ Date of birth July 18, 1969 January 27, 1955 March 26, 1976 February 25, 1948 December 19, 1980 March 0~, 1973 December 6, 1977 August 14, 1976 July 29, 1976 I thank you for your anticipated co-operation in the above matter. I can be reached at the above number, extenaion 206 ff you have any questions or require any additional information. Mr. Peter $. Alve$ President M TU L SE ¥1CE$ LTD. 10660 Y~-~a 8h'ma~, P.O. BOX 30587, R;c:;;:~ Hi~, ~, ~ ~C 0C7 Td (~) 7~7~442 TO~ FR~ 1 (866) 062- 1~2 F~ (~5) 77~1515 5 ~. March 1 l, 2003. Parking Enforcement Division The City Of Picketing Picketing Civic Complex One the Esplanade Picketing Ontario, L1V 6K7 Attemion: Debbie Keams. This is to inform you that David Hutchison is suspended from our company. He was notified to return all tag books. Please call ii'there are any questions. (905)-737-4442. Yours truly, Cleon Gardner President llU_ ~IS:LO ~0 CI ~eN ATTACHMENT # THE CORPORATION OF THE C~TY OF' PICKERING _ TO REPORT # BY-LAW NO. Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1691 Picketing Parkway and 400 Kingston 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: That the following persons 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 are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1691 Pickering Parkway: Helene Ata Raymond ^fa Emil Tabar b) 400 Kingston Road: Peter Alves Darren Uttle Eshantha Guneratna Delgado Cobourne Diane Diaz William Casey Kenneth Leversuch David Diaz Jonathan Muckle 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 Japter Realty or upon Japter Realty ceasing to be an agent of 1691 Picketing Parkway or those persons listed in section l(b) ceasing to be employees of Nemesis Security Services inc. or upon Nemesis Secudty Services Inc. ceasing to be an agend of 400 Kingston Road. By-law 6058/02 is hereby amended by deleting David HutChinson. BY-LAW read a first, second and third time and finally passed this 23rd day of June, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That the Council of the Corporation of the City of Pickering hereby endorses the following resolution of the Council of the Municipality of Clarington: WHEREAS the Regional Municipality of Durham is awaiting a response from the Province as to the ability to nominate two further people to the Durham Regional Police Services Board; AND WHEREAS Durham Regional Police are providing site security at both Darlington and Pickering Nuclear Generating Stations under protocol of the Canadian Nuclear Safety Commission (CNSC); AND WHEREAS the CNSC, Ontario Power Generation (OPG) and the Canadian Nuclear Host Communities (CNHC) continuously seek input and dialogue with the Municipality of Clarington and the City of Pickering with respect to site security; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request that one of the members of Regional Council appointed to the Police Services Board be a member of either Clarington or Pickering Council; and THAT this resolution be copied to the City of Pickering, the Regional Municipality of Durham, the Durham Regional Police Services Board, the CNSC, and the CNHC. 54 AND THAT a copy of this endorsement be forwarded to the Municipality of Clarington, the Regional Municipality of Durham, the Durham Regional Police Services Board, the Canadian Nuclear Safety Commission, the Canadian Nuclear Host Communities and the Honourable Robert Runciman, Minister of Public Safety and Security. PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: CL 18-03 Date: June 11, 2003 55 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Appointments to the Durham Regional Police Services Board Recommendation: That the Council of the Corporation of the City of Pickering hereby endorses the following resolution of the Council of the Municipality of Clarington: WHEREAS the Regional Municipality of Durham is awaiting a response from the Province as to the ability to nominate two further people to the Durham Regional Police Services Board; AND WHEREAS Durham Regional Police are providing site security at both Darlington and Pickering Nuclear Generating Stations Under protocol of the Canadian Nuclear Safety Commission (CNSC); AND WHEREAS the CNSC, Ontario Power Generation (OPG) and the Canadian Nuclear Host Communities (CNHC) continuously seek input and dialogue with the Municipality of Clarington and the City of Pickering with respect to site security; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Ciarington request that one of the members of Regional Council appointed to the Police Services Board be a member of either Clarington or Pickering Council; and THAT this resolution be copied to the City of Pickering, the Regional Municipality of Durham, the Durham Regional Police Services Board, the CNSC, and the CNHC. AND THAT a copy of this endorsement be forwarded to the Municipality of Clarington, the Regional Municipality of Durham, the Durham Regional Police Services Board the Canadian Nuclear Safety Commission, the Canadian Nuclear Host Communities and the Honourable Robert Runciman, Minister of Public Safety and Security. 56 Report CL 18-02 Date: June 11, 2003 Subject: Appointments to Durham Regional Police Services Board Page 2 Executive Summary: To endorse a resolution passed on May 12, 2003 by the Council of the Municipality of Clarington requesting that one of the members of Regional Council appointed to the Police Services Board be a member of either Clarington or Pickering Council. Financial Implications: Not Applicable Background: In an Order dated February 3, 2003, the Lieutenant Governor increased the size of the Durham Regional Police Services Board from five to seven members at the request of the Regional Council. Appointments to the Police Services Board are made by the Minister of Public Safety and Security and I understand that the Region is waiting for the Province to finish their selection process. I understand that Regional Council has requested that one of the additional two members of the Police Services Board be a member of its Finance and Administration Committee. In a resolution dated May 12, 2003, the Council of the Municipality of Clarington is further requesting that one of the members of Regional Council appointed to the Police Services Board be a member of either Clarington or Pickering Council because of the level of site security provided by the Durham Regional Police at the Darlington and Pickering Nuclear Generating Stations. Attachments: 1. Letter from Municipality of Clarington dated May 28, 2003 Prepared By: ~/Bruce l aylor, AMCT, CMM City Clerk Report CL 18-02 Date: Subject: Appointments to Durham Regional Police Services Board June 11, 2003 Page 3 57 Attachments Recommended for the consideration of Picketing City Council ::2 / L~,.-,-~W'/ J---'----... '-' ~'"' e I:~/ Th/°~as J. Quint, Chief ~dministr~'th~Offic~r 58 May 28, 2003 Mr. Bruce Taylor, Clerk City of Picketing 1 The Esplanade Pickering, Ontario L1V 6K7 Dear Mr. Taylor: RE: DURHAM REGIONAL POLICE SERVICES BOARD At a meeting held on May 12, 2003, the Council of the Municipality of Clarington passed the following resolution: "WHEREAS the Regional Municipality of Durham is awaiting a response from the Province as to the ability to nominate two further people to the Durham Regional Police SerVices Board; AND WHEREAS Durham Regional Police are providing site security at both Darlington and Pickering Nuclear Generating Stations under protocol of the Canadian Nuclear Safety Commission (CNSC); AND WHEREAS the CNSC, Ontario Power Generation (OPG) and the Canadian Nuclear Host Communities (CNHC) continuously seek input and dialogue with the Municipality of Ciarington and the City of Pickering with respect to site security; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request that one of the members of Regional Council appointed to the Police Services Board be a member of either Clarington or Pickering Council; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 'r (905) 623,3379 Mr. B. Taylor - 2 - May 28, 2003 THAT this resolution be copied to the City of Pickering, the Regional Municipality of Durham, the Durham Regional Police Services Board, the CNSC, and the CNHC." Your~s¢truly, / .,::' . , · .~"--'Patti L. Battle, A.M.C.T. / Municipal Clerk /hk CC: P. Madill, Regional Clerk Durham Regional Police Services Board Canadian Nuclear Safety Commission Canadian Nuclear Host Communities Mayor J. Mutton RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY 1. That Report CS 25-03 regarding Development Charges - Annual Indexing, be received; and That effective July 1, 2003, as provided for in Section 16 of By-law 5546/99, the Development Charges referred to in Sections 6 and 11 of that by-law be increased by 3.1 percent being the annual increase in the Construction Price Statistics as reported by Statistics Canada for the year ended March 31, 2003; and 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: CS 25-03 Date: June 9, 2003 61, From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Development Charges - Annual Indexing Recommendation: It is recommended that Report CS 25-03 of the Director, Corporate Services & Treasurer be received and that: effective July 1, 2003, as provided for in Section 16 of By-Law 5546/99, the Development Charges referred to in Sections 6 and 11 of that by-law be increased by 3.1 percent being the annual increase in the Construction Price Statistics as reported by Statistics Canada for the year ended March 31, 2003; and, the appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: Adoption of the recommendations of this report will put into effect for the period July 2003 to June 2004 increases that are provided for in the Provincial Legislation and By Law 5546/99 and are needed to finance construction costs under the City's Development Charge Study adopted by Council in August 1999. This is an annual adjustment needed to keep revenues current with costs. Financial Implications: Increasing the Development Charges by 3.1 percent will assist in keeping the revenues generated thereunder in line with current costs. The residential development charges for single and semi detached units will increase by approximately $224, other residential charges will increase similarly and the commercial/industrial charge will increase by approximately $0.39 per square metre. Background: As provided for in the Provincial Legislation and in the City's By Law 5546/99, each year the development charges charged by the City for all types of development may be increased without amending the by-law. Adoption of the recommendations contained in this report will allow that increase to take effect July 1, 2003 thereby assisting in keeping our revenues in line with the costs that development charges go towards. Report CS 25-03 Subject: Development Charges- Annual Indexing Date: June 9,2003 Page 2 Statistics Canada indicates the increase in the Construction Price Statistics for the most recently available annual period ending March 31, 2003 of 3.1 percent for non- residential construction cost index (an indicator of our costs of construction) for the Toronto area. The change is reflected in the table attached. The City's obligations under Recommendations contained in the same report FIN 22-99 to Council in the form of contribution to the Development Charges-City's Share should also increase by 3.1 percent or approximately $85,000 annuallyto $2,745,000. T he 2003 Budget contained $1,000,000 for this purpose. The Commercial / Industrial Development Charge remains at the Council approved level of approximately 50 percent of the justified cost recovery amount, meaning the City has to contribute to the balance. At this juncture, the Region of Durham has not finaliZed the annual indexing of the development charges the City collects on their behalf. The City will continue to use rates prescribed as effective from July 1, 2002 until further notice from the Region. The Education Development Charges will remain unchanged for the current year. The main changes are to update the amounts to reflect recommendations contained in this report. Upon receiving the final figures from the Region for the portion of the development charges the City collects on their behalf in mid August, the brochure will again be revised and distributed. The brochure will be posted on the City's website and made available at various counters throughout the Civic Complex. Attachments: 1. Current and Proposed Residential Development Charges 2003/2004 Prepared By: Caryn Kong Senior Financial Analyst Approved / Endorsed By: Gillis A. Paterson, Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Chief Building Official Recommended for the consideration of Pickering Ci?y~,.C.cqu~il CITY OF PICKERING ATTACHPIENT # .iii ~ TO R,EPOP,,T #~.~ CURRENT RESIDENTIAL DEVELOPMENT CHARGES Effective July 1, 2002 PER DWELLING UNIT Service Single & Apt. Two Other Category Semi Apt. One Bdrm Bdrm Dwelling Detached ($) & Smaller ($) & Larger ($) Units ($) Growth Studies 113 48 62 92 'Fire Protection176 75 96 145 Transportation 3,629 1,510 2,017 2,973 Transit 244 101 135 201 Parks & Rec 2,685 1,118 1,494 2,200 Library 406 169 225 332 TOTAL 7,253 3,021 4,029 5,943 63 Non-Residential - $12.65 per sq. metre PROPOSED RESIDENTIAL DEVELOPMENT CHARGES Effective July 1, 2003 PER DWELLING UNIT .... Service Single & Apt. Two Other Category Semi Apt. One Bdrm Bdrm Dwelling Detached ($) & Smaller ($) & Larger ($) Units Growth Studies 116 49 64 95 Fire Protection 181 77 99 150 "Transportation 3,741 1,557 2,079 3,065 Transit 252 104 139 207 Parks & Rec 2,768 1,153 1,540 2,268 Library 419 174 232 342 TOTAL 7,477 3,114 4,153 .6,127 Non-Residential - $13.04 per sq. metre $ Increase: Residential 224 93 124 184 Non- $0.39 Residential RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report CS 24-03 as the Statement of the Director, Corporate Services & Treasurer respecting the Development Charges Reserve Fund (G/L 4227 and 4229) be received by Council for information. REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: CS 24-03 Date: June 5, 2003 65 F rom: Gil Paterson Director, Corporate Services & Treasurer Subject: Development Charges Reserve Fund- Statement of the Treasurer for 2002 Recommendation: That Report CS 24-03 as the Statement of the Director, Corporate Services & Treasurer respecting the Development Charges Reserve Fund (G/L 4227 and 4229) be received by Council for information. Executive Summary: Not applicable Financial Implications: statement. There are no financial implications to the receipt of this Background: Section 43 of the Development Charges Act requires that the Treasurer furnish to Council a Statement in respect of each Reserve Fund established under Section 33 (i.e. for each Development Charge). Accordingly, the attached Schedules 1 to 5 details the activity in the Development Charges Reserve Fund for the year ended December 31, 2002 in the manner as prescribed by the Development Charges Act. We are continuing the practice of not transferring monies out of reserve fund for projects still underway until the funds are actually required. This practice will ensure that the Reserve Fund continues to earn interest income on these unspent monies until such time that the actual expense is incurred. Schedule 1 presents the Reserve Fund balance, before unspent commitments of $12,866,750. Taking into account the unspent commitments at December 31, 2002 of $1,675,789 the uncommitted fund balance available for future expenditures is $11,190,961. 66 Report CS 24-03 Subject: Development Charges Reserve Fund-Statement of the Treasurer for 2002 Date: June 5, 2003 Page 2 The development charges collected in 2002 were $2,340,781 an increase of 74% from amounts collected in 2001. The increase in building activities was due in part to the economic condition of Iow interest rates and the booming housing market. The 2002 budgeted draw from this Reserve Fund was $731,460. 'Schedule 2 provides a detailed breakdown of 2002 budgeted capital projects. The capital expenditures incurred in 2002 that were actually funded from this Reserve Fund amounted to $398,836. Schedule 3 provides a summary by projects of these capital expenditures funded by development charges and other sources as prescribed by Regulation 12(3). In 2002, the City undertook additional internal loans of $1,224,000 from this Reserve Fund, bringing the combined 2001 and 2002 internal loans at $7,431,893 as of Dec. 31,2002. Schedule 4 provides detailed information on the 2002 internal borrowings and the purpose for which it was borrowed as prescribed by Regulation 12 (2). Interest and principal repayment on 2002 internal loans will commence in 2003. Please note that the annual charges of $904,719 paid in 2002 and as indicated in Schedule 5 are related to 2001 internal loans. This amount was funded from the general tax levy. Schedule 5 also provides a summary of amount and source of any money used by the municipality to repay money borrowed from the fund and interest on such money as required by Reg. 12 (2) 5. Though the fund balance has increased significantly due to increase in building activities, caution has to be used when budgeting for draws for capital projects as this trend may not continue in the future due to the limited availability of land in Pickering and the uncertainty of economic times ahead of us. Attachments: 2002 Annual Statement of Development Charges Reserve Fund Projects Approved in 2002 to be Funded from Development Charges Reserve Fund 2002 Capital Expenditures Summarized by Project 2002 Internal Loans from Development Charges Reserve Fund Total Dev. Charges Reserve Fund Internal Loans & Annual Repayment Report CS 24-03 Subject: Development Charges Reserve Fund-Statement of the Treasurer for 2002 Date: June 5, 2003 Page 3 67 Prepared By: Approved / Endorsed By: Caryn Kong, Senior Financial Analyst GP:vw Attachments Copy: Chief Administrative Officer '"~llis A. Paterson, Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City Council ~ . ~-_~_~ ~-~L ~. ;,.,,.~,~ ~/,¢ '? Tho/'m~"J. ~u indChief ~d mini s~~~_~~ ATTACHMENT# .~ TO REPORT#~5~ $9 · Source of Funding Dev; Charge D.C-City's General Reserve Fund Portion Fund Total Projects: $ $ Planning Development Studies 25,000 0 External Subdivision (Storm Water Management ) Storm Water Management 116,800 External Subdivision ( Roads ) Valley Farm Rd. East Side-N Esplanade 64,350 'Engineer, design & estimates for new road 0 (North of Dunbarton-east of Fairport ) 0 Rosebank Rd. Bridge-Granite Crt/Toynevale 230,800 Strouds Lane Extention to Altona Rd 147,510 Strouds Extension Culvert (oversizing) 55,000 Pickering Pkvvy-Glenanna to HEPC Corridor 0 Sub-total External Subdivision Total Ext. Subdivision $ $ Roads Vehicles- 4 Ton Dump Truck (new) 0 25,000 48,200 0 165,000 0 0 64,350 0 0 30,000 0 30,000 494,800 0 725,600 0 0 147,510 0 0 55,000 36,960 0 36,960 497,660 561,760 0 1,059,420 614,460 609,960 0 1,224,420 92,000 56,000 5,580 153,580 Grand Total 731,460 665,960 5,580 1,403,000 DC Reserve Fund 2002.xls Projects 05/06/2003 Corporate Services 2000 budqeted project Master Financing Plan External Subdivision 2001 and prior budgeted proiects Road Construction Rosebank Rd Bridge Analysis ES 1996 01B Rosebank Bridge-Granite/Toynevale 01-001-0' Carey Agreement-Golden Ridge 01-001-06 Squires Beach Rd (Bayly to 750m S) 01-001-1~ Sidewalk & Streetlight Kingston Road (partial) ES 2000 W0-2 Parks 1998 budgeted proiect Front Street Park 2000 budgeted proiect Petticoat Creek Bridge Total Spent Dev. Charges Com. Facilities Internal Reserve Fund Reserve Fund Gen. Fund Loans Total 13,796 13,796 7,000 3,000 300 10,300 11,504 - 291 11,795 15,215 - 34,766 ~ 49,981 1,417 - - 1,417 14,666 - 14,666 22,456 22,456 312,782 145,770 231,000 689,552 398,836 3,000 t81,127 231,000 813,963 Capital Exp.-2002 Reg 12(3).xls Total Projects 71_ Original Principal Loan Repayment Interest Total Development Charges -4227 Old By-Law Purpose of Loan: Fire Hall & Communication $43,000 $0 $0 Parks .155,000 . Sidewalks 78,000 _ Storm Water Management .160,000 - Streetlight 40,000 - ,Arena & Recreation 55,000 - Sub-total 4227 $53'1,000 $0 $0 $0 $0 Development Charges -4229 New By-Law .Purpose of Loan: Roads $693,000 $0 $0 $0 Sub-total4229 $693,000 $0 $0 $0 $1,224,000 $0 $0 $0 Total Note: Annual repayment for 2002 Internal Loans to commence in 2003. Capital Exp.-2002 Reg 12(3).xls DC Loan ?2 Development Charges - 4227 Booked in 2001 Rosebank Eastshore Community Ctr Fire Tanker Dispatch Ctr 1999 Roads Projects 1999 Roads Projects 1999 Streetlights 2000 Roads Projects 2000 Roads Projects Outstanding Principal Outstanding Principal Repayment Principal Interest (Jan 1) 2002 2002 2002 Jan 1,2002 Dec 31,2002 831 025 721 145 130 391 161 588 207 756 655 527 527 239 353 647 415,512 (72,987) (63,336) 3,529 (14,191) (18,246) (57,519) (46,306) (31,060) (36,494) 147 189 598 48O 322 379 758 038. 657 809 133 920 .397 510 008 933 587 018 4,003,830 (336,610) 3,667,220 Booked in 2002 Fire Hall & Communication 43,000 - 43,000 Parks 155,000 - 155,000 Sidewalks 78,000 78,000 Storm Water Management 160,000 160,000 Streetlight 40,000 40,000 Arena & Recreation 55,000 55,000 531,000 531,000 4,534,830 (336,610) 4,198,220 47,663 41,361 9,232 9,343 11,916 38,021 30,486 20,283 22,684 230,989 Sub-total 4227 Development Charges - 4229 Booked in 2001 Specialized Transit Aerial Truck Waterfront Trail Western Branch Booked in 2002 Roads 78,486 64,886) 53,600 369,344 (32,438) 336,906 450,600 (39,574) 411,026 1,305,633 (114,671) 1,190,962 2,204,063 (211,569) 1,992,494 693,000 - 693,000 2,897,063 (211,569) 2,685,494 230,989 3,257 21,356 26,054 74,884 125,551 125,5'51 356,540 Sub-total 4229 Grand Total 7,431,893 (548,179) 6,883,7t4 Source of Funding Annual Charges (Principal & Interest) Gen. Tax Levy Gen. Tax Levy 904,719 resfndintloans02.xls 02/06/2003 73 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report CS 28-03 of the Director, Corporate Services & Treasurer concerning 2003/2004 Property and Liability Insurance, be received; and That the City of Pickering renew its property, liability and other coverages through the Frank Cowan Company at a 2003/04 renewal premium of approximately $306,431 plus applicable taxes for the period July 1, 2003 to July 1, 2004 inclusive; and That the Director, Corporate Services & Treasurer, as part of the Risk Management Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that the Director be authorized to settle any claims including any adjusting and legal fees within the total deductible limit where it is in the City's interest to do so; and That the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to protect the assets of the City and it's elected officials and staff; and That the appropriate officials of the City of Pickering be given authority to give effect thereto. PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: CS 28-03 Date: June 11,2003 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2003/2004 Property and Liability Insurance Recommendation: It is recommended that Report CS 28-03 of the Director, Corporate Services & Treasurer be received and that; the City of Pickering renew its property, liability and other coverages through the Frank Cowan Company at a 2003/04 renewal premium of approximately $306,431 plus applicable taxes for the period July 1,2003 to July 1,2004 inclusive; the Director, Corporate Services & Treasurer, as part of the Risk Management Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that the Director be aUthorized to settle any claims including any adjusting and legal fees within the total deductible limit where it is in the City's interest to do so; the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to protect the assets of the City and it's elected officials and staff; and, the appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: Not applicable Financial Implications: The renewal premium of approximately $307,000 compares to approximately $267,000 for the 2002-3 premium period. T he City's prernium h as increased by 14.7% of which approximately 10.7% is related to global insurance claims and 4.0% is due t° inflationary increase in asset values and additional assets such as the Third Ice Pad - Don Beer Arena. This increase was provided for in the 2003 Report CS 28-03 Subject: 2003/2004 Property & Liability Insurance Date: June 11,2003 Page 2 ?5' Current Budget. Staff examined increasing the current deductible from $10,000 to $50,000 but the corresponding savings in premiums did not warrant the additional risk/cost. Background: Each year on July 1, the City's general liability and property insurance policies come up for renewal. As approved by Council at the time of the 1998 renewal, the Treasurer undertook an extensive review of .all aspects of the City's insurance program. The City of Pickering embarked in a Risk Management Program, the initial phase of which involved negotiati.ng renewing premiums with the City's broker. T he result of the negotiations was a decrease of approximately $75,000 or 20 percent, in the premiums from that of the prior year. This premium was also approximately $98,000 less than the 1998 budget provision which, after claims under the increased deductible were paid, resulted in a transfer of approximately $50,000 to the Self Insurance Reserve. From 1999 to 2003, staff have reviewed the deductibles, coverages, policies and procedures to ensure that the City is financially protected. In 1999 approximately $92,000 was transferred to the Insurance Reserve as a result of the continued savings. In 2000 and 2001, the amount of $100,000 in each year was included as a revenue item in the annual budget. For the 2002 budget, $50,000 was included as revenue with the balance being used to offset premium increases. The 2003 Budget anticipated the premium increase and therefore, no savings were budgeted which will offset the actual increase in premiums. Current External Insurance Market This year's premium increase is mainly the result of significant global catastrophic events over the last two years that have required the major reinsures to pay significant claims. The current estimated of the total of the claims resulting from September 11, 2001 is $60 Billion US and the floods in Europe and an oil spill off the coast of Spain is estimated to be $70 Billion US. These large claims require insurers and reinsurers to increase their premiums to cover the cost of these and' other claims. Furthermore, in the past, insurance companies have used investment returns to increase their income and reduce the need for larger premium increases investing. During the last two years, investment returns have been quite Iow and therefore, investment income has not been available to offset premium increases to the same degree. After September 11, many insurance companies have reviewed their insurance portfolios from the perspective of reducing their risk. Some insurance companies have gone as far as not renewing polices once they have expired. In this situation, organizations are scrambling to find insurance coverage in a very "hard" market. The City of Pickering does not find itself in this position. In fact, the City finds itself in the enviable position of having maintained a long standing business relationship with the ?6 Report CS 28-03 Subject: 2003/2004 Property & Liability Insurance Date: June 11,2003 Page 3 Frank Cowan Company which helps greatly in a "hard" market. Many organizations/municipalities have experienced substantially larger increases than the City, but our insurers recognizes the value of long standing business relationships. This year our insurer has notified the City that they are imposing a fungi and asbestos exclusion for the City's policies. The insurance industry is applying these exclusionary clauses to everyone. Attachment 1 provides a comparison of the insurance costs between 2002 and 2003. You will notice that the insurance costs for transit are no longer reflected in the City's accounts. Starting this year, APTA's insurance policies will now be issued directly to APTA in contrast to previous years where the insurance policy/premium for Pickering's transit fleet were issued to the City. Under this new structure, APTA will have its own policies covering the assets of the former Ajax and Pickering transit fleets. The 2003 Current Budget for APTA contained a provision for their costs. Self Insurance Reserve This year's renewal maintains the higher levels of deductible approved by Council in 1998. The higher deductible limit from 1998, has allowed the City to build-up the Self Insurance Reserve to $949,106 as of December 31st, 2002. Due to the City's tight budget requirements, no further contributions to this Reserve at this time are being recommended. Conclusion The City's Insurance and Risk Management Programs appear to be working satisfactory. The City has benefited from its long standing relationship with the Frank Cowan Company' especially dUring the current "hard" insurance market. Therefore, renewal through the Frank Cowan Company with our present carriers is recommended. Attachments: 1. Comparison of 2002 and 2003 Costs Report CS 28-03 Subject: 2003/2004 Property & Liability Insurance Date: June 11,2003 Page 4 ?? Prepared By: Approved / Endorsed By: Stan Karwowski Manager, Finance & Taxation Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council i T'fl/o¢Cna~ J. Qt~'~n, Ch~ Adminis~L~,,~~ ?8 CORPORATION OF THE CITY OF PICKERING REVISED COST ANALYSIS EXPIRING PROGRAM RENEWAL PROGRAM 2002-2003 TERM 2003-2004 TERM MUNICIPAL LIABILITY ERRORS AND OMISSIONS NON-OWNED AUTOMOBILE FOLLOW FORM EXCESS ENVIRONMENTAL LIABILITY COMPREHENSIVE CRIME COUNCILLORS' ACCIDENT CONFLICT OF INTEREST LEGAL EXPENSE $ 96,047. $ 124,861. 20,418. 24,502. 269. 269. 5,482. 6,320. 9,286. 10,678. 5,145. 5,145. 1,366. 1,366. 800. 800. 3,618. 3,618. PROPERTY/DATA PROCESSING BOILER AND MACHINERY 83,800. 77,589. 8,069. 8,876. OWNED AUTOMOBILE (CITY) EXCESS AUTOMOBILE (CITY) OWNED AUTOMOBILE (TRANSIT) EXCESS AUTOMOBILE (TRANSIT) GARAGE AUTOMOBILE 30,965. 40,307. 228. 458. 65,703. NOT APPLICABLE 2,907. NOT APPLICABLE 1,642. 1,642. ANNUAL PREMIUM 335,745. $ 306,431. PLUS APPLICABLE TAXES ?,9 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report CS 29-03 of the Director, Corporate Services concerning First Amending Agreement - Veridian Corporation Agreement, be received; and & Treasurer, Shareholders' That the attached by-law be read three times and passed by Council; and That the appropriate officials of the City of Pickering be given authority to give effect thereto. 80 REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: CS 29-03 Date: June 12, 2003 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: First Amending Agreement - Veridian Corporation Shareholders' Agreement Recommendation: It is recommended t hat Report C S 2 9-03 o f t he Director, Corporate Services & Treasurer be received and that: the attached By-law be read three times and passed by Council; and, the appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: Not applicable Financial Implications: None Background: Passing of the By-law provides the authority for the Mayor and the Clerk to execute the First Amending Agreement. This Agreement amends the Shareholders Agreement in order to allow any member of the Board to be nominated as Chair or Vice Chair. This will allow such participation by the Belleville representative (the Mayor). Also, reference to the Executive Committee of Veridian Corporation is being removed as the Committee is no longer active. These changes were approved by the Board of Directors at its meeting of June 12, 2003. Attachments: 1. By-law to Approve and Shareholders' Agreement Authorize the Execution of an Amendment to the Report CS 29-03 Date: June 12, 2003 Subject: First Amending Agreement - Veridian Shareholders' Agreement Page 2 Prepared / Approved / Endorsed By: GAP:vw Attachment Copy: Chief Administrative Officer Gillis A. Paterson Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City Council ThOm~s J. Quir~, " .... C h i 8Z/Ad m i-n~.~ c..~.r~ 82 Schedule "A" FIRST AMENDING AGREEMENT TO SHAREHOLDERS' AGREEMENT THIS FIRST AMENDING AGREEMENT made as of the 12th day of June, 2003. BETWEEN: The Corporation of the Town of Ajax, a municipal corporation existing under the laws of Ontario ("Ajax") - and - The Corporation of the City of Belleviile, a municipal corporation existing under the laws of Ontario ("Belleville") - and - The Corporation of the Municipality of Clarington, a municipal corporation existing under the laws of Ontario ("Clarington") The Corporation of the under the laws of Ontario ("Pickering") - and - Veridian Corporation, a corporation existing under the laws of Ontario ("vc") - and ~ Veridian Connections Inc., a corporation existing under the laws of Ontario ("vci") - and - Veridian Energy Inc., a corporation existing under the laws of Ontario ("vEr') - and - City of Pickering, a municipal corporation existing -2- (Ajax, Belleville, Clarington, Pickering, referred to herein as the "Parties") VC, VCI 5.L~ and 83 VEI are collectively RECITALS: The Parties entered into a shareholders' agreement made as of the 28th day of September, 2001 (the "Shareholders' Agreement"); The Parties wish to amend the Shareholders' Agreement to permit a Belleville nominee to serve as the Chair or Vice-Chair of the board of directors of VC (the "Board") and to delete the provisions of the Shareholders' Agreement relating to the executive committee of the Board; NOW THEREFORE THIS FIRST AMENDING AGREEMENT WITNESSES that in consideration of the respective covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: All capitalized terms used in this First Amending Agreement and not defined herein shall have the meanings given to them in the Shareholders' Agreement. 2. All references herein to Sections mad Subsections are references to Sections and Subsections in the Shareholders' Agreement unless otherwise stated herein. 3. Subsection 3.2(b) is hereby amended by deleting the following sentence: o o "The Chair and Vice-Chair shall be elected from Ajax, Clarington and/or Pickering nominees to the Board." Subsection 3.3(a) is hereby amended by deleting in its entirety Subsection 3.3(a). Except as expressly set out herein, the Shareholders' Agreement remains in full force and effect, unamended. This First Amending Agreement shall be governed by and construed in acCordance with the laws of Ontario. This First Amending Agreement shall enure to the benefit of, and be binding on, the Parties and their respective successors and permitted assigns. This First Amending Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will be deemed to constitute one and the same agreement. 84 -3- 5. i.2 IN WITNESS WHEREOF the Parties-by their duly authorized representatives have executed this First Amending Agreement as of the day and year first above written. THE CORPORATION OF THE TOWN OF AJAX By: c/s Name: Steve Parish Title: Mayor By: c/s Name: Marty deRond Title: Clerk THE CORPORATION OFTHE CITY OF BELLEVILLE By: c/s Name: George A. Zegouras Title: Mayor By: c/s Name: Jary Plamondon Title: City Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By:. c/s Name: Johrl Mutton Title: Mayor By: c/s Name: Patti Barrie Title: Clerk -4- THE CORPORATION PICKERING OF THE CITY $5 5.1.3 By: Name: Wayne Arthurs Title: Mayor c/s By:. Nmne: Bruce Taylor Title: Clerk c/s VERIDIAN CORPORATION By: Name: John Wiersma Title: President c/s By: Name: James Mason Title: Chair c/s VERIDIAN CONNECTIONS INC. By: Name: John Wiersma Title: President c/s By: Name: Jim McMaster Title: Chair c/s VERIDIAN ENERGY INC. By: Name: John Wiersma Title: President c/s By: Name: Jim Witty Title: Chair c/s ::ODMA\PCDOCS\CCT\422470\3 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /03 Being a by-law to approve and authorize the execution of an amendment made as of the 12th day of June, 2003 to the shareholders' agreement made as of the 28th day of September, 2001 amongst The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Municipality of Clarington, The Corporation of the City of Pickering, Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. WHEREAS The Corporation of the Town of Ajax ("Ajax"), The Corporation of the City of Belleville ("Belleville"), The Municipality of Clarington ("Clarington") and The Corporation of the City of Picketing ("Pickering") entered into a shareholders' agreement (the "Shareholders' Agreement") made as of the 28th day of September, 2001 with Veridian Corporation, Veddian Connections Inc. and Veridian Energy Inc.; AND WHEREAS the parties to the Shareholders' Agreement wish to amend the same to (a) provide that the chair and vice-chair of Veridian Corporation may be any one of the nominees to its board; and (b) remove the provisions relating to an executive committee of Veridian Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATIONOF THE CITY OF PICKERING ENACTS AS FOLLOWS: That Council authorizes and approves the first amending agreement to the Shareholders' Agreement (the "First Amending Agreement") made as of the 12th day of June, 2003 amongst Ajax, Belleville, Clarington and Picketing, as the shareholders of Veridian Corporation, and Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. in the form of the draft agreement presented to Council and attached hereto as Schedule "A". That the Mayor and the Clerk are authorized to execute the First Amending Agreement. That the Clerk is authorized to affix the Corporate Seal of The Corporation of the City of Pickering to the First Amending Agreement. By-law read a first, second and third time and finally passed this 23rd day of June, 2003 Wayne Arthurs, Mayor Bruce Taylor, Clerk