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October 12, 2004
Executive Committee Meeting Agenda Tuesday, October 12, 2004 7:30 PM Chair: Councillor Pickles ¢1) ADOPTION OF MINUTES Meeting of September 27, 2004 (11) 1. MATTERS FOR CONSIDERATION PLANNING & DEVELOPMENT REPORT PD 37-04 ROAD DEDICATION AND NAMING BY-LAWS PART LOT 15, RANGE 3, B.F.C., PICKERING (PARTS 2, 3, 4 AND 5, PLAN 40R-22710) - CLEMENTS ROAD PART LOT 16, REGISTRAR'S COMPILED PLAN NO. 1051, PICKERING (PARTS 7 AND 9, PLAN 40R-22043) - HEATHSIDE CRESCENT PAGE 1-8 PLANNING & DEVELOPMENT REPORT PD 38-04 LICENCE AGREEMENT - ONTARIO PARCEL AGREEMENT SUPPLY OF DIGITAL MAPPING CITY OF PICKERING AND THE REGION OF DURHAM 9-24 OPERATIONS & EMERGENCY SERVICES REPORT OES 28-04 PICKERING/AJAX ITALIAN SOCIAL CLUB RENEWAL OF LICENCE AGREEMENT CENTENNIAL PARK, BROCK ROAD 25-34 OPERATIONS & EMERGENCY SERVICES REPORT OES 29-04 ALCOHOL POLICY OF THE CITY OF PICKERING 35-43 OPERATIONS & EMERGENCY SERVICES REPORT 30-04 O.J. MULLER LANDSCAPE CONTRACTOR LTD. RENEWAL OF LEASE AGREEMENT 44-59 Executive Committee Meeting Agenda Tuesday, October 12, 2004 7:30 PM Chair: Councillor Pickles OPERATIONS & EMERGENCY SERVICES REPORT OES 32-04 MUNICIPAL BRIDGE MAXIMUM GROSS VEHICLE WEIGHT RESTRICTIONS - BY-LAWS TO REVISE LOAD LIMITS 60-67 CORPORATE SERVICES REPORT CS 34-04 2004 ANNUAL REPAYMENT LIMIT FOR DEBT AND FINANCIAL OBLIGATIONS 68-74 CORPORATE SERVICES REPORT CS 37-04 TENDER / CONTRACT APPROVAL - COUNCIL'S SUMMER RECESS 75-94 PROCLAMATIONS: "WASTE REDUCTION WEEK" "CHILD CARE WORKER & EARLY CHILDHOOD EDUCATOR APPRECIATION DAY" 95-98 (111) OTHER BUSINESS (IV) ADJOURNMENT RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That by-laws be enacted to name and dedicate as public highway: 1. Those parts of Lot 15, Range 3, B.F.C., Pickering, being Parts 2, 3, 4 and 5, Plan 40R-22710 (Clements Road); and 2. Those parts of Lot 16, Registrar's Compiled Plan 1051, Pickering, being Parts 7 and 9, Plan 40R-22043 (Heathside Crescent). O02 REPORT TO EXECUTIVE COMMITTEE Report Number: PD 37-04 Date: September 24, 2004 From: Neil Carroll Director, Planning & Development Subject: Road Dedication and Naming By-laws Part Lot 15, Range 3, B.F.C., Pickering (Parts 2, 3, 4 and 5, Plan 40R-22710) - Clements Road Part Lot 16, Registrar's Compiled Plan No. 1051, Pickering (Parts 7 and 9, Plan 40R-22043) - Heathside Crescent Our File: Roadded.442 and Roadded.443 Recommendation: By-laws should be enacted to name and dedicate as public highway: Those parts of Lot 15, Range 3, B.F.C., Pickering, being Parts 2, 3, 4 and 5, Plan 40R-22710 (Clements Road); and Those parts of Lot 16, Registrar's Compiled Plan 1051, Pickering, being Parts 7 and 9, Plan 40R-22043 (Heathside Crescent). Executive Summary: The above-noted portions of roads have been constructed in order to facilitate certain developments within the City of Pickering. As these portions of roads have been constructed to a standard satisfactory to allow dedication and naming, the appropriate By-laws should be enacted. Financial Implications: All costs will be borne by the adjacent owners. Backpround: 1.0 Clements Road Extensio~ Those pads of Lot 15, Range 3, B.F.C., Pickering, bein9 Parts 2, 3, 4 and 5, Plan 40R~22710 comprise portions of the ~4ement¢ Road extension that have recentb? ~)een constructed to accommodate development o~ adjacent iands and Report PD 37-04 Subject: Road Dedication and Namin9 By-laws Date: September 24, 2004 Page 2 2.0 a connection from Clements Road to Church Street which will become an important traffic link into the Brock industrial Area. In the event the Part 2 and 3 lands are not acquired by the City at the time Council considers the By-law, staff will hold the By-law and register it once the acquisition has been completed. Heathside Crescent The extension of Heathside Crescent is a result of applications made to the Durham Land Division Committee for the creation of six (6) lots, three (3) of which would front the subject portion of Heathside Crescent. A Development Agreement was entered into pursuant to those land division applications and one of the conditions of the Agreement was that, prior to the City clearing the severances, the Owner was to construct the portion of Heathside Crescent (fronting 3 of the proposed newly created lots) which portion of Heathside Crescent was not constructed in its final alignment through the development of Subdivision Plan 40M-1466. 3.0 Road Naming and Dedicating By-laws As the above-noted portions of roads have been constructed to a standard sufficient to allow public use, it is now appropriate to enact the necessary By-laws to name and dedicate them as public highway. The appropriate notice of the City's intent to pass these By-laws has been given pursuant to the Municipal Act and the City's Public Notification Policy. By-laws shOuld be enacted to name and dedicate as public highway: (a) Those parts of Lot 15, Range 3, B.F.C. Pickering, being Parts 2, 3, 4 and 5, Plan 40R-22710 as Clements Road; and (b) Those parts of Lot 16, Registrar's Compiled Plan 1051, Pickering, being Parts 7 and 9, Plan 40R-22043 as Heathside Crescent. Attachments: Location Map --Clements Road Location Map - Heathsicle Crescent By-law - Name and Dedicate as Public Highway - Clements Road By-iaw- Name and Dedicate as Rublic Highway- Heathside Crescent 0 9 4 Report PD 37-04 Subject: Road Dedication and Namin9 By-laws Date: September 24, 2004 Page 3 Prepare~ By: Approved I Endorsed By: Denise Bye, Coordinator, Property & Development Services Nell Garrof!, .~lPw&PP Director, P~g & Development DB:bg Attachments Copy: Chief Administrative Officer Solicitor for the City Recommended for the confederation of Pickering,?~i~ ' ' omas J. (Tuinn, Chief Administrative Officer J CLEM ENTS ROAD City oi Pickering SILICONE CLEMENTS ] -I I ROAD STREET SUBJECT LANDS I Planning & Development: Departmen. A .... ~,-,l.. ,.,~:'; g~ PiSf, F.~:RING, L, AT~ SEPt. 24~ 2004 DRAWN BY J~: '-h' ' ' / - ~~ ~' ~/~-T~ ~ - ~ -/ ~ ~ ~~CRESCENT 0 ~ , ~ i / / / ~ ~//~ .... ~-' ~ o · ~~~ ~ ~1111 IIIlll~ I I ~ III City., of Piokering Planning ~': Deveiopment Depammem I PROPERS/DESCRIPTION ~T. LOT ~ PCP NC, 105';~ DESIGNATED AS PARTS ? & ~:, PLAN 40R-22~:, \ GOLDENRIDGE THE CORPORATION OF THE CiTY OF PICKERING BY-LAW NO. Being a By-law to dedicate those parts of Lot 15, Range 3, Broken Front Concession, Pickering, designated as Parts 2, 3, 4 and 5, Plan 40R-22710 as public highway and name them "Clements Road". WHEREAS The Corporation of the City of Pickering is the owner of those parts of Lot 15, Range 3, Broken Front Concession, Pickering, designated as Parts 2, 3, 4 and 5, Plan 40R-22710 and wishes to dedicate them as public highway; and WHEREAS, pursuant to the Municipal Act, the Council of a local municipalitY may pass By-laws for giving names to or changing the names of highways. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Those parts of Lot 15, Range 3, Broken Front Concession, Pickering, designated as Parts 2, 3, 4 and 5, Plan 40R~22710 are hereby dedicated as public highway; and Those parts of Lot 15, Range 3, Broken Front Concession, Pickering, designated as Parts 2, 3, 4 and 5, Plan 40R-22710 are hereby named "Clements Road". BY-LAW read a first, second and third time and finally passed this 18th day of October, 2004. David Ryan, Mayor Bruce Taylor, Clerk Roadc~ed. 443 f}OT' THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate those parts of Lot 16, Registrar's Compiled Plan No. 1051, Pickering, designated as Parts 7 and 9, Plan 40R-22043 as public highway and name them "Heathside Crescent". WHEREAS The Corporation of the City of Pickering is the owner of those parts of Lot 16, Registrar's Compiled Plan No. 1051, Pickering, designated as Parts 7 and 9, Plan 40R-22043 and wishes to dedicate them as public highway; and WHEREAS, pursuant to the Municipal Act, the Council of a local municipality may pass By-laws for giving names to or changing the names of highways. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Those pads of Lot 16, Registrar's ComPiled Plan No. 1051, Pickering, designated as Parts 7 and 9, Plan 40R-22043 are hereby dedicated as public highway; and Those pads of Lot 16, Registrar's Compiled Plan No. 1051, Pickering, designated as Parts 7 and 9, Plan 40R-22043 are hereby named "Heathside Crescent". BY-LAW read a first, second and third time and finally passed this 18th day of October, 2004. David Ryan, Mayor 442 Bruce Taylor, Clerk RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Council approve entering into an agreement with the Region of Durham for the supply of digital parcel mapping of Pickering for a five (5) year period at a total cost of $19,000.00 (plus applicable taxes) to be paid from the annual approved current budget for the Planning & Development Department. That the appropriate officials of the City of Pickering be authorized to give effect thereto. 010 REPORT TO EXECUTIVE COMMITTEE Report Number: PD 38-04 Date: September 27, 2004 From: Nell Carroll Director, Planning & Development Subject: Licence Agreement - Ontario Parcel Agreement Supply of Digital Mapping City of Pickering and The Region of Durham Recommendation: That Council approve entering into an agreement with the Region of Durham for the supply of digital parcel mapping of Pickering for a five (5) year period at a total cost of $19,000.00 (plus applicable taxes) to be paid from the annual approved current budget for the Planning & Development Department. That the appropriate officials of the City of Pickering be authorized to give effect thereto. Executive Summary: The City is currently nearing the end of a five (5) year contract with Teranet Land Information Services Inc. for the supply of digital parcel mapping for the City. Digital mapping of Pickering lands is an essential element of many City operations. The integrity of this digital mapping helps ensure the City will continue to make informed decisions where land based data is required. Under the current contract, the City is the primary licencee and the Region of Durham shares equally with the product cost as a sub-licencee. The Region of Durham recently approached municipalities with an offer to participate in a Durham Ontario Parcel Master Agreement, whereby the Region would become the primary licencee with Teranet, and local municipalities could participate as sub-licencees. Under this new agreement structure the City will realize significant savings in the cost of acquisition and maintenance of parcel mapping for the City. The City's current five (5) year contract with Teranet expires in November 2004. Under the Regional program, Pickerin9 would continue to receive the identical Teranet parcet mapping product with similar use restrictions. Savings will be realized due to Durham's ability to purchase the product al: ~ Regional scale. The Cit~,/'s cos:' for digital parcei mapping over the five (3]"' years of the present contract with Teranet is approximatel?¢ $62,400.00 (plus applicable taxes), The proposed contract with. the Re.oior~ will SUDDi,V the produc'i: at ~ five (51~ year' contrac-t cost o¢ approximately $19,000.00 (plus applicable ~axes~. Report. PD 38-04 Subject: Licence Agreement - Ontario Parcel Agreement Date: September 27, 2004 Page 2 It is recommended that the City participate in the Region of Durham's Ontario Parcel Master Agreement. Financial Implications: Funding for the acquisition of digital parcel mapping is provided on an annual basis in the Planning & Development Department Current Budget. Sufficient funds exist in the approved 2004 Current Budget (account number 2610-2678 Miscellaneous Equipment Rental) to cover any contract obligations for 2004. Entering into this agreement with the Region of Durham will commit the City to an expenditure of $19,000.00 (plus applicable taxes) over the five (5) year contract period, beyond this term of Council. The Treasurer has certified that the financial commitment reflected in this agreement, extending beyond the present term of Council, is within the City's annual debt and obligation repayment limit. Background: The City is currently in a five (5) year licence agreement with Teranet Land Information Services Inc. to acquire and maintain POLARIS parcel mapping. The current agreement with Teranet expires in November 2004. This mapping provides the base from which most all City mapping is derived. The cost of the map product is $12,480.00 per year for each of the five (5) years with equal funding being provided by the Regional Municipality of Durham (50/50 cost sharing of total $24,960.00 annual cost). The City is the primary licencee and Durham Region holds a sub-licence. The Region of Durham is proposing to become a primary licencee with Teranet and to establish an Ontario Parcel Master Agreement that will allow participation of local municipalities at significant cost savings. Under the pricing structure set out by Teranet, the greater the number of parcels purchased by a primary licencee, the lower the cost is per parcel. With the broader parcel base of the Region, mapping can be acquired at approximately $0.04 per parcel as compared to $0.11 per parcel under a 'Picketing only' scenario. It is anticipated that most of the local municipalities will be signing agreements as sub-licencees to the Region of Durham. The product the City will receive is identical to the product that we receive under our current contract and usage restrictions will be similar to those that have applied to Pickering over the past five (5) years. The '~' ' ,- ~-,~ ,.~ty S parce! mapping is; an essentia! r~sour,.,, to our corporate operations and is fundamental to the activities of most departments. Spatial location of property is a core element of the majority of municipai services and is fundamental to many of the City's processes. It is necessary for the City to continue acquiring its mapping from Teranet to meet its present and future operationa! challenges. The agreement being offered by the Region wil! provide significant cost savings to the City, As identified in Durham Region 012 Report PD 38-04 Subject: Licence Agreement - Ontario Parcel Agreement Date: September 27, 2004 Page 3 This report has been reviewed by the Director, Corporate Services & Treasurer who concurs with the content and recommendation. Attachments: t. Region of Durham Report to Finance and Administration Committee Number 2004-A-40 2. Region of Durham Direction Memorandum Prepared By: Approved / Endorsed By: la~J,~', h~, Supervisor Informa~on & Support Services Neil Carroll,"-b Director, Plan ~'Yg & Development lB:Id Attachments Copy: Chief Administrative Officer Director, Operations & Emergency Services Director, Corporate Services & Treasurer Recommended Pickering of Thomas J. QuirfE. Chief/Administrative Officer' The Regional Municipality of' Durham To: From: Report No.: Date: The Finance and Administration Committee Ray Briggs, CIO 2004-A-40 June 29, 2004 Handout (.)13 SUBJECT: Purchase of Ontario Parcel Master Agreement Products RECOMMENDATIONS: THAT the Finance and Administration Committee recommends to Regional Council that: a) The Regional Chair and Clerk be authorized to execute the General Municipal License Agreement - OPMA Ownership Mapping Data Products between Teranet Enterprises Inc., Municipal Property Assessment Corporation and the Region; b) The Regional Chair and Clerk be authorized to execute a Region of Durham OPMA partner cost sharing agreement between the participating lower-tier municipal partners and the Region; c) The Regional Chair and Clerk be authorized to execute the Value Added Reseller agreement between Teranet Enterprises Inc. and the Region; d) The Regional Chair and Clerk be authorized to execute a region of Durham OPMA partner agreement with both Veridian Connections and Enbridge Inc. and the Region; ,n.. Finance Department be authorizec~ to issue purchase orders in the at~lour'l'~; of $244,447.00, plus applicable taxes to Yeranet Enterprise inc. for the pumhase of Ontario ~arcel Master Agreement Products as detailed in the executed agreement. The costs of the purchase order in the first year of the contract are $71,075.00, plus applicable taxes, with each consecutive year of t?~e five-year" contract i!'~ ar amount: o;' $4C,343,00 pius applicable taxes; 014 Report No.:2004-A-40 A~ACHMEN~ ~~ ~' Paqe No. 2 f~ Financing for the first year of the agreement for the Region's share to be provided from the approved 2004 CIS/GIS Budget, Computer Maintenance and Operations; g) Financing for the remaining four years of the agreement for the Region's share to be provided in the GIS budget for subsequent years; and h) The five-year revenue recoveries from the resale of data in the amount of $35,000.00 from Veridian Connections and $61,480.00 from Enbridge Inc. be applied to the Region's share of the purchase price. REPORT: Backqround: The Regional Municipality of Durham The Region currently has a one-year data maintenance contract with Teranet Inc. for quarterly deliveries of Ownership Parcel Polygons in the th amount of $47,957.00; the contract ends August 6 , 2004. Under the current agreement the following entities are Authorized Sublicenses of the Region: the City of Oshawa; the Town of Whitby: the Township of Brock; the Township of Scugog: the Township of Uxbridge; the Regional Police Force; the Toronto and Region Conservation Authority; the Central Lake Ontario Conservation Authority; the Durham District School Board; the Durham Catholic District School Board; and the Durham Non-Profit Housing Corporation. The City of Pickering, the Town of Ajax and Municipality of Clarington have separate agreements with Teranet I nc for which the Region of Durham is a sublicensee. The Ownership Parcel Polygons purchased from Teranet identify the geographic location of the parcel and identify a Teranet Property identification Number (PIN). To establish an Assessment Role Number to the Ownership Parcel Polygons the Region purchased a Property identification Number and Assessment Role Number Correlation Table. The correlation table was a one-time delivery purchased in June 2003 for $5,600.00 and cannot be sublicensed to any other organization. A significan',~ drawback to the two datasets is that as; new or subdivided parcels are introduced mismatches between the Ownership Parcel Polygons and the correlation table occur thus degrading the value of the products, Report No.:2004-A-40 Pa~e No. 3 The Ownership Parcel Polygons and the correlation table are published on IMAGE for querying by ali regional employees. Ontario Parcel Alliance In spring 2002, the Ontario Government (the Ministry of Natural Resources), the Municipal Property Assessment Corporation (MPAC) and Teranet Enterprises Inc. reached an agreement to gather information about Ontario's estimated four million land parcels and bring this knowledge together into a standardized digital database -- the Ontario Parcel database. The Ontario Parcel database contains boundaries, assigned civic addresses and identifiers such as assessment roll number (ARN) or property identification number (PIN), which can link to ownership, and assessed value information for each individual property, or "parcel" of land, in Ontario. The Ontario Parcel dataset and additional value added products and services are a one-stop source of maintained and integratable assessment, ownership and Crown parcel mapping. For municipalities that currently use Geographic Information Systems (GIS), such as the Region of Durham, the Ontario Parcel dataset has the potential to reduce costs by expanding the benefits of land information. Municipalities will be able to shift their focus from maintaining parcel data (either internally or by contractor) to using it in support of municipal business (land development, planning, taxation, public works, etc.). The products and services being offered provides the Region of Durham and the lower-tier municipalities stakeholders with Parcel Ownership Polygons, Parcel Assessment Polygons, and a Transfer Report provided on a monthly basis. The Parcel Ownership Polygons provides a geographical location of parcels with ownership. The Parcel Assessment Polygons provide a geographical location of parcel assessment numbers. The Transfer Report provides title information such as the owner, previous owner and the sale amount of the property. A one-time delivery of an Easement Report provides an easement description to a parcel. The Transfer and Easement report can be linked to the parcel polygons allowing GIS users to query individual parcels or multiple parcels efficiently. Cost: ~ n~ Ontario Parcel Maste~~ Agr~vm,.n. Products for the Region of Durham have ....... ~,~,,~r, identified ir Tabie ':: ant 7able 2 wit~ their r~spe~,u, 015 O1G Report No.:2004-A-40 Paqe No. 4 time delivery and cost allocation. All costs are subject to appiicable provinciai and federai taxes Table l: Proposed Year I Costs for OPMA Products OP Delivery & Support Quarterly Delivery Ownership Polygons $47,957.00 $5,850.00... Value added P&S Monthly Delivery $10,463.0© Assessment Polygon .. $4,18.8.00i Transfer report $22,842.001 Easement Repod $27,732.00 Table 2:Proposed Annual Costs after Year ~ for OPMA Products OP Delivery & Support Quarterly Delivery Ownership Polygons $47,957.00 $5,850.00 Value added P&S Monthly Delivery $10,463.00 Assessment Polygon $4,188.00 Transfer report $22,842.00 2.1 Cost Sharinq The Region's main role in the project was to establish cost sharing partnerships to fund the totai cost of the project The City of Oshaws decided not to par'[icipate with the data sharincj paAnership for the acquisition of the Ontario Parcel Maste~~ Agreement Products~ ~a,~le 3 depicts t~e final listing of Durham partners and their cost contribution in Yea~" I to the project, Al! costs are subject to applicable provincial and federai taxes, .Report No.:2004-A-40 Paqe No. 5 017 Table 3:Proposed Data Sharing Year ? Costs Year 1 Costs Region of Durham $41,243.00 City of Pickering $6,708.00 Town of Ajax $6,708.00 Town of Whitby $6,708.00 Municipality of Clarington $6,708.00 Township of Scugog $1,000.00 Township of Uxbridge $1,000.00 Township of Brock $1,000.00 Cost Recovery Enbridge Inc. & Veridian Connections $19,296.00 The negotiation between Enbridge and the GIS Services Group resulted in a pricing structure requiring Enbridge to submit payment to the Region in the order of $30,888 per year plus $500 quarterly for delivery charges plus applicable taxes. This pricing structure is consistent with those of the other primary licensees for cost recovery for administrative services. The Value Added Reselling agreement requires the Region pay Teranet royalty fees of $20,592 for the areas encompassing the Town of Whitby, the City of Oshawa, the Township of Brock, the Township of Scugog and the Township of Uxbridge. The annual cost recovery from the sale of the data to Enbridge is $12,296.00 or $61,480.00 over five years as identified in Table 3, Table 4 and Table 5. The negotiation between Veridian and the GIS Services Group resulted in a D. k-~n9 structure requiring Veridian to submit payment to the Region in the amount of $28. ..-'90,. .14 annually plus appticab e taxes. The reseliino.. agreement requires the Region pay Teranet royalty fees of $16,534.14 per .,ve~-, for se,re, ice areas in the Town of Ajax, the City of Picketing, the Municipality of,...lanng~on, the Township of ro,.~ and the ~ownsn,p of ...... ,,~u= eranet aisc reduires~ an ada~iona! se~¢ ce charae in the ,;,..20(,.(}~ fO[ moRthiv aeiiveries of Geomedia .~db formatted Report No.:2004-A-40 Page No. 6 from the sale of the data to Veridian is $7,000.00 or $35,000.00 over five years as identified in Tableo," Table 4 and Table ,.,.~ The revenues identified for Enbddge of $61,480.00 and Veridian of $35,000 are only those costs that the Region would retain as part of the sale. Under the agreement with Teranet Enterprises and Municipal Property Assessment Corporation the Transfer Report and the Easement Report cannot be provided to the Regional Police Forces, Toronto and Region Conservation Authority, Central Lake Ontario Conservation Authority, Durham District School Board, Durham Catholic District School Board and Durham Non-Profit Housing Corporation although they will be sublicensed to the Ownership Polygons. Table 4 below identifies the costs for Year 2 and each consecutive year in the five-year contract. The cost of the Easement Report is not included in these costs as this is a one-time delivery cost in Year 1. All costs are subject to applicable provincial and federal taxes. Table 4: Proposed Annual Data Sharing Costs after Year Annual Costs after Year 1 Region of Durham $28,051.00 City of Pickering $3,073.00 Town of Ajax $3,073.00 Town of Whitby $3,073.00 !Municipal ty of Clarington $3,073.0© Township of Scugog $1,000.00 Township of Uxbridge $1,000.00 Township of Brock $1,000.00 Cost Recovery !Enbridge Inc. IVeridian Connections $12,296.00 $7,00O.OO ,Report No.:2004-A-40 Paqe No. 7 0 Financiai Commitment The Region of Durham, as a participant in the five year contract, is responsible for a total cost of $56,967.00 (the actual cost of the Durham portion is $244,447), but through cost sharing with lower-tier municipalities and the resale of data to strategic partners Veridian Connections and Enbridge Inc., the Region is able acquire additional datasets for less costs then incurred in previous years. The Region of Durham's $56,967.00 portion and the participating partner organizations costs are outlined in Section 2.!. Table 5: Five-Year Financial Commitment for Data Sharing Partners Region of Durham $56,967.00 City of Pickerin9 $19,000.00 Town of Ajax $19,000.00 Town of Whitby $19,000.00 .Municipality of Clarington $19,000.00 Township of Scugo9 $5,000.00 ~Township of Uxbridge $5,000.00 Township of Brock $5,000.00 Cost Recovery Enbridge Inc. $61,480.00 Veridian Connections $35,000.00 .Financinq: Funding for the first year of the contract in the amount of $21,947.00(net of recoveries) for the Region's share is available in the 2004 CIS/GIS Budget, Computer Maintenance and Operations Leclai A_clreements: All participants in the cost sharing arrangement have indicated their commitment to purchasing the Products offered by Teranet and MPAC for the amounts stated in this report, subiect tc the Region finalizing a?'eements wit?' !',*~A5 smd Yera~he-~:~ we! a; a~reement~: with O2O Report No.:2004-A-40 Paae No. R Benefits: Numerous benefits would be realized for the Planning Department with the Corporate GIS acquisition of additional data from Teranet. Creation of public notification lists, as required by the Planning Act for many of our planning applications (Land Division, Official Plan Amendments), would become more current and accurate with the addition of the Teranet Transfer report. The ownership database would be updated monthly as compared to the quarterly updates currently being receiv, ed. Additionally, the link between the Teranet Parcel Data and the Assessment Roll number would become dynamic, a substantial improvement over the static table the Region has been using since the initial parcel fabric delivery. The Assessment Roll number will be available directly from the Teranet Parcel Data increasing the usefulness of the data for the Planners in the Department. Overall, obtaining the Transfer Report and the other additional Teranet data would improve efficiencies in several Planning Department business processes. The Real Estate division identified in all instances of easement and fee simple acquisition, and many instances of leasing and letting, the property agent will need most, if not all of the information to be listed on the Transfer Data reports: PIN #'s required in the Offers; Roll numbers to obtain assessment information and for appraisal purposes; Municipal Address for sending letters and confirming property locations; Parties to - to confirm owner's for correspondence and for completing Offers; Parties from - for history review on the property; Instrument number needed to access other programs for further information on additional sales for appraisal purposes; Needed for title search; and Sales amount needed in negotiating. For matters of leasing or letting, much of this information is needed to confirm owners, legal descriptions, municipal addresses etc. when putting together offers etc. The Transfer Data reports can also be very helpful when other staff members from the WorKs Department enquire ' , '- ~ . aoou,, specific properties. which are not owned by the Region. Easement Reports are most useful in identifying any restrictions on title, which may effec?-,~ -,' = ..c. ,,t u...n~:, ~,,,* neaotiations ~"> values ~*' commitments/restrictions made prior' by' the owne' This information is Report No.:2004-A-40 Paoe No. 9 021 then usefui when we are dealing with owners for the acquisition of easements or fee simple interests. At present we have no way of knowing what the easements are unless we visit the registry office. These reports will also be useful in providing easement information to other staff members who need this information. In summary, Works requires most, if not all the information available, which the Transfer Data Report and the Easement Report provides. This information is needed on a daily basis. Currently they need to access several web sites and / or visit the registry office personally to obtain this information otherwise they call the legal department who will obtain the information through Teranet for which there is a cost associated with each search. The Real Estate division has hard copy information for Region based easements. There is no information available on any other easements except through the Registry Office. The process of extracting pertinent information is currently onerous and costly in terms of time spent. Providing location and descriptions of easements' electronically would be extremely helpful to the Real Estate staff and other Works staff. The Legal department identified similar benefits to that of the Real Estate division. A benefit that Corporate GIS Services has identified is that the data will be more GIS friendly so that the presentation of the information on IMAGE or in the geowarehouse will be easier for all regional employees to access. The Region of Durham, as a participant in the five year contract, is responsible for a total cost of $56,967.00 (the actual cost of the Durham portion is $244,447), but through cost sharing with lower-tier municipalities and the resale of data to strategic partners Veridian Connections and Enbridge Inc., the Region is able acquire additional datasets for less costs then incurred in previous years. The Region of Durham's $56,967.00 portion and the participating partner organizations costs are outlined in section 2.1. Recommendations: It is respectfuliy ;'equested that the Finance and Administration Committee recommend to Regional Council that the OPMA Products Delivery Agreement between Teranet Enterprises Inc, and the Region of Durham in the amount of $244,4¥%00 for five years be approved and the Regionat Report No.:2004-A-40 Paqe No. 10 It is respectfully requested that the Finance and Administration Committee recommend to Regional Council that a Region of Durham OPMA Partner Agreement between the Region of Durham and each lower-tier municipality be approved in the amount of $19,000.00 each for the City of Pickering, the Town of Ajax, the Town of Whitby and the Municipality of Clarington and in the amount of $5,000.00 each for the Township of Scugog, the Township of Uxbridge and the Township of Brock for a five year contract and that the Regional Chair and Clerk be authorized to execute a Region of Durham OPMA Partner Agreement with each participant. It is respectfully requested that the Finance and Administration Committee recommend to Regional Council that a Region of Durham OPMA Partner Agreement with Veridian Connections in the amount of $143,950.70 plus applicable taxes be approved and the Regional Chair and Clerk be authorized to execute an Agreement. It is respectfully requested that the Finance and Administration Committee recommend to Regional Council that a Region of Durham OPMA Partner Agreement with Enbridge Inc in the amount of $164,440.00 plus applicable taxes be approved and the Regional Chair and Clerk be authorized to execute an Agreement. It is respectfully requested that the Finance and Administration Committee recommend to Regional Council that the Regional Chair and Clerk be authorized to execute an OPMA Value Added Reseller Agreement between Teranet Enterprises Inc and the Region of Durham. Ray Briggs, Chief Information Officer Corporate Information Services Department RECOMMENDED FOR PRESENTATION TO COMMITTEE ~:-..,~,. Cu bitL M.S.¥V. Chief Administrative Officer Clerk's D epadment TO: R'.. Bricj~-:. Corparate lrfformstion Officer FRO~: P.~/, Madill, Regional Clerk DATE: July 7, 2034 RE: Direction ss per m~utes of the Regional C~ncil meeting held o~ July' 7, 20D4 REPORT OF: Finar ca Corem[[tee ITEM/~ 5 $EE ATTACHI=r~ P.M, MadilL A.N~.C..¥. Ct4M ~ Regiona~ Cie~ PURCHASE OF ONTARIO PARCEL MASTER AGREEMF__N'F PRODUCTS (2004-A-40~ a) THAT the Regional ,.,. ,,,,, ~.,,.,, Clerk be author zed ~ e3,:ecute the General Municipal Lioense Agreement - O:).fV~ Ownership. Mapping Data Prcducts be.ween Terarte: Enterprises inc., rV'un.cipal Property Assessment Oorporatbn and the Regior'; THAT the Regional Chair and Clerk be authofiz~c to execute a Region of Durham OPMA partner cost sl'mdn~ agreement between the participating loweMie' municipal partners and the ..qegi~n; c) THAT the Region~-I Chair and Clerk be aut.qodzed to execu:e the Value Added Rsseller a§reerr.,ent be~,~een Terarel ?derp.-ises Inc. and the Region; THAT the Regicnal Chair and Clerk be authcrized to ~xecute a Region of Durham OPL4A panner agreeme-rl Mth bolh V,~ridian Connections and En3ridge :nc. and the Region; e) THAT the Finance De0ar~r~ent be authorized to issue purchase orders in the amounl of S2.44,447.,20, plus afpi cable tax.e~ to Teranet Enterprise Inc. for the purchase o! Cnta~io Parcel Mas:er Agreement ProdJctS as delailed in the e×ecJ~ed ag.'eemenL The coots of~e purchase orcer tn the fi'st year of the .2.4~.ract are $71,075.00, plus applicable taxes, with each oonseoutive year ot' Ihe, five~yesr cootracl in an amount of S43,343,00, plus ap¢ica01e 1axes; f) THAT financing for the first year of the agmeme~ for the' Region's sha~ to be provided from the ~pproved 20~4 CIS.~31S 3JdBel, Oompu ter Ma[ntenance a nd Operatio ns; g) THAT financing -.'or the r. emaining ['our years of the agreement fcr the Region's share to be pm'Aded in the GIS budBel for subsequent years; and TiqAT the tive-ye~.r revenue recr~ve~ies f'rom the resale of sara in ~he amount of $35:000.00 from Ve;idia~ Conneciions ann. $8 f,450.00 from Enbr[-dge irm. ~ app;ier, to the R~'gic~'s share the purchase price. RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 28-04 regarding the extension of the Licence Agreement between the City of Pickering (Owner of Centennial Park located on Block 92, Plan 40M-1440) and the Pickering/Ajax Italian Social Club, be received; and That Council consider the request from the Pickering Ajax Italian Social Club to renew the Licence Agreement for an additional five years for the purposes of a meeting place for the Club's members and the sole beneficial Owner of a portable building, which the Club has placed in Centennial Park for the exclusive use by the Club subject to the terms and conditions as set out in the Licence Agreement; and That the Mayor and City Clerk be authorized to renew the Licence Agreement between the City of Pickering and the Pickering/Ajax Italian Social Club. PICKER!NG REPORT TO EXECUTIVE COMMITTEE Report Number: OES 28-04 Date: September 28, 2004 Richard W. Holborn, P. Eng Division Head, Municipal Property & Engineering Subject: Pickering/Ajax Italian Social Club Renewal of Licence Agreement Centennial Park, Brock Road Recommendation: That Report OES 28-04 regarding the extension of the Licence Agreement between the City of Pickering (Owner of Centennial Park located on Block 92, Plan 40M-1440) and the Pickering/Ajax Italian Social Club be received; and that That Council consider the request from the Pickering Ajax Italian Social Club to renew the Licence Agreement for an additional five years for the purposes of a meeting place for the Club's members and the sole beneficial Owner of a portable building which the Club has placed in Centennial Park for the exclusive use by the Club subject to the terms and conditions as set out in the Licence Agreement and that 3. The Mayor and City Clerk be authorized to renew the Licence Agreement between the City of Pickering and the Pickering/Ajax Italian Social Club, Executive Summary: The Pickering/Ajax Italian Social Club has requested in writing that the City authorize the extension of their Licence Agreement for an additional ten years. Staff have discussed the request with representatives of the Club and both parties have agreed to revise the request for an additional five year term. This licence agreement generally reflects the elements of the previous agreement. Financia~ implications: The Pickering/Ajax Italian Sociai Club is responsiNe for al! costs associated with the maintenance and operations of the club-related facilities, The agreement requires the Club to provide a $2000 security, as well as a certificate of insurance, Report OES 28-04 Subject: Pickering/Ajax Italian Social Club Renewal of Licence Agreement Date: September 28, 2004 Page 2 027 Background: In October 1999, the Pickering/Ajax Italian Social Club requested permission to erect a portable structure to be placed in Centennial Park and be used for the purpose of storage of equipment related to the use of the bocce courts located within the park, and for the purpose of a meeting place for members of the Club while using the bocce courts. On March 6th, 2000 the City of Pickering passed by-law 5625/00 for the placement of the portable structure owned by the Club for their use as set out under the terms and conditions of the Licence Agreement for a period of a five year term expiring on November 15, 2004. On June 21, 2004, the Pickering/Ajax Italian Social Club have requested in writing that the City authorize the extension of their Licence Agreement for an additional ten years. Staff have discussed with representatives of the Club and both parties have agreed to revise the request for an additional five year term. This licence agreement generally reflects the elements of the previous agreement. A~achmen~: 2. 3. 4. Letter from Pickering Ajax Italian Social Club Location Map Schedule "A" (Licence Agreement) By-law Prepared By: Richard W. HoJ~orn, P. Eng. D~,~s~on Head/ ..~unicipal Property & Engineering Approved /.~dor~yBy: Everett B~tsma Director, Operations & Emergency Services RH:ds Attachments. ~,rue, Aciministrative Office; Recommended~for the.consideratior~ of ?;ORP02£r-0?/(i', O28 ~ t.¢,erer SUBJECT-- AREA i~2 9 ~O U ?t-YC, i ] ivJUNIL.)!FV,f PF,'.C!p,r_-F ] ': L !! ~: 200[ : SEPT 2i;,'20~4 ~ (ii 3 0 THIS LICENCE AGREEMENT made pursuant, to the provisions of Section 1J0 of the MunJcipa! Act, 200!, chapter 25 as of the JSth day of November 2004. BETWEEN' PICKERING AJAX iTALIAN SOCIAL CLUB (hereinafter called the "Club") OF THE FIRST PART, and _THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "City") OF THE SECOND PART. wHEREAS the City is the Owner of Centennial Park located on Block 92, Plan 40M- 1440, Picketing; AND WHEREAS the Club is a legally incorporated non-profit association which operates bocce courts located in Centennial Park for the benefit of its members; AND WHEREAS the Club is the sole beneficial Owner of a portable building which the Club has placed in Centennial Park for exclusive use by the Club, subject to certain terms and conditions; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: The parties hereto acknowledge and confirm that the recitals contained herein are true in substance and in fact. In this Agreement, the term, (a) "Department" means the City's Operations and Emergency Services Department; (b) "Park" means that portion of Centennial Park located on Block 92, Plan 40M-1440, Picketing, as set out by hatched lines on the sketch attached hereto and marked as Schedule A to this agreement; (c) "Portable" means the portable building being approximately 25 feet wide by 35 feet long, owned by the Club. The City grants to the Club the exclusive use of thst portion of the Park as outlined ir; ScheduJe A attached hereto, 'fo!' the ~eriod: i',iovs~'~b~: 5t" ~.!O0z'. ';7. November i 5i:i~ The Club, its servants, agents and employees, shall Comply strictly with all applicable statutes, laws, by-laws, orders, rules, regulations and policies governing the operation of the Park and the Portable and the conduct of the businesses of the Club and of the City, including but not limited to ali applicable health and safety regulations governing the conduct and operation of the Park. The Club shall, deposit with the City, before the beginning of the Term, a certificate of insurance verifying that a general liability insurance policy in the amount of at least $1,000,000 is in place in respect of injury to or death of one or more persons, or of damage to property, in a form satisfactory to the City; indemnify the City for any costs, claims or damages from any loss, damage or injury, including loss of life, to any person or property at any time in or near the Portable however such loss, damage or injury may occur; keep the Portable in good repair and maintain the Portable and lands surrounding the Portable at a high level of cleanliness; use the Portable for storage of equipment related to the use of the bocce courts located within the Park and for the purpose of a meeting place for members of the Club while using the bocce courts; ensure that it uses the Portable only during the operating hours of 8:00 a.m. to 11:00 p.m., Monday through Sunday, in each calendar year throughout the Term; refrain from serving alcohol or allowing the consumption of alcohol within or around the Portable unless the required liquor licence/permit necessary to permit the sale of alcohol for special occasions has been obtained by the Club; g. supply electrical power and heat to the Portable, at its own expense; h. obtain the approval of the City's Director, Operations and Emergency Services before altering, adding to or varying in any way all or any part of the Portable; not advertise or place signage of any kind on the outside of the Portable or in the windows of the Portable, without the prior approval of Pickering Council; refrain from interfering with the enjoyment of the Park by any member of the public; k. keep the City free from any costs originating from or associated with the Club's operation or the operation of the Club's programs in the Portable; permit the City, its servants, agents and employees, to have access to the Portable at any time during the Term, whether'or not the Club is operating for the purpose of conducting inspections in the Portable provide one i~andicap '-~','¢~" '~- a ........ Ip~.. nortabie washroom ~to comply w!tn me 5uda~r;c Cocie at the Park fo,' the mont~s ¢,f April ~o .~ ...... u..: 0 3 t 10. o. remove the Portable from the Park at the end of the Term; and leave the Park in a neat, tidy and clean condition at the end of the Term, and immediately repair or replace any damages to the Park from the placement or removal of the Portable from the Park; The Club shall provide the City, a security in the form of either cash or an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $2,000. Such security may be drawn upon by the City in such amounts, and at such times as the City, in its sole discretion deems advisable, for the purpose of maintaining the Portable on the Park should the Owner fail to maintain the Portable and/or the Park to the City's satisfaction. The City shall also be entitled to draw upon the security to cover any costs incurred by the City in removing the Portable from the Park, disposing of the Portable and restoring the Park, should it become necessary for the City t~ do so as a result of a breach of this Agreement by the Club, or in the event that ithe Club abandons the Portable at the end of the Term. The City shall not be liable to the Club for any loss of or damage to the Portable, the Club's equipment, supplies or products, whether caused by fire, theft, burglary, or by the removal of the Portable damaged by the City or otherwise. All property of the Club or members of the public at any time on the land shall be at the sole risk of the Club (or members of the public, as the case may be provided that such member of the public has voluntarily assumed such risk which transfer or risk shall be the responsibility of the Club) and the City shall not be liable for any loss or damage thereto however occurring and the Club releases the City from all claims and demands in respect of any such loss or damage. The Club shall assume all liability and obligation for any and all toss, damage, or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the Park by the Club or its members and the club shall at all times indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith. (a) Notwithstanding the provisions of this Agreement, either party may terminate this Agreement upon thirty (30) days prior written notice to the other. (b) Notice of early termination, may be given by personal delivery or registered mail, (i) in the case of the Club, to The Pickering Ajax Italian Social Club, c/o 104 Twyn Rivers Drive, Picketing, ON L1V 1E2, Attention: Susan Conte; and (ii) in the case of the City, to The City Clerk, The Corporation of the ~, of' Picketing, Pickerin9 Civic Complex, One Ti~e F_splanade, ~',' ~'~,,"n,' 6K7 , iJ.~,l.,.~ ;)ntario, L!V FZac~ sari', r;:~' redesim*..ate the Demon o~' ?e address c x:, ',/,:nici~ :~u:' ~ -,c;tice may be given ~'.: aivinc writ~e~- notic.~ (b) This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the persons comprising the Club have hereunto affixed their hands and seals and the City has hereunto affixed its corporate seal, attested by the hands of its authorized officers. SIGNED, sEALED AND DELIVERED PICKERING AJAX ITALIAN SOCIAL CLUB I/We have the authority to bind the corporation. THE CORPORATION OF THE CITY OF PICKERING David Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of the renewal of a Licence Agreement between the Picketing/Ajax Italian Social Club and the Corporation of the City of Pickering respecting the portable structure owned by the Club on that portion of Park located on Block 92, Plan 40M-1440 for the purpose of storing equipment and for the purpose of a meeting place for members of the Club. WHEREAS pursuant to the provisions of Section 110 of the Municipal Act, 2001, chapter 25, the Council of The Corporation of the City of Pickering deems it desirable to enter into the renewal of a Licence Agreement, respecting the use of a portable structure owned by the Pickering Ajax Italian Social Club within Centennial Park to be used by the Club for the purposes of storing equipment and for the purpose of a meeting place for Club members while using the bocce courts located within Centennial Park; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute the renewal of a Licence Agreement between the Pickering/Ajax Italian Social Club and The Corporation of the City of Pickering for the purpose of using the portable building as a meeting place for the Club's members as set out in the terms and conditions in Schedule "A" attached for the period of November 15th, 2004 to November 15th, 2009. BY-LAW read a first, second and third time and finally passed this 2004. day of David F,tvan, iv'isvol 0 3.) RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY 1. That Report OES 29-04 regarding the Alcohol Policy of the City of Pickering, be received; and 2. That a by-law to amend the Alcohol Management Policy for City owned facilities, be enacted; and 3. That staff at the City of Pickering be given authority to give effect thereto. O36 REPORT TO EXECUTIVE COMMITTEE Report Number: OES 29-04 Date: September 28, 2004 From: Stephen Reynolds Division Head, Culture & Recreation Subject: Alcohol Policy of the City of Pickering - File: CO3000 Recommendation: 1. That Report OES 29-04 regarding the Alcohol Policy of the City of Pickering be received and that; 2. A by-law to amend the Alcohol Management Policy for City owned facilities be enacted; 3. Staff at the City of Pickering be given authority to give effect thereto. Executive Summary: On October 7, 1991, the Town of Pickering enacted By-law 3859/91 to adopt an Alcohol Management Policy for TOwn owned facilities. An amended Alcohol Management Policy for City owned facilities is required to ensure all individuals or groups operating a Special Occasion Permit in a City owned facility are aware of their duties and responsibilities with respect to alcohol management as well as reflect changes in the Corporation of the City of Pickering's operation. Financial Implications: There is no financial impact anticipated Management Policy for City owned facilities, as a result of the amended Alcohol Background: -' ~ ; Pickerin9 erected By-,aw 3859/9! to adopt a~: Aicoho! On October';~ 199!, the 7owr of ,,'~ ' , Managernem Poiicy fo~' ~own owned facilities, This poiic)~ was intended to ensure the Report OES 29-04 Subject: Alcohol Management Policy Date: September 28, 2004 Page 2 03? well-being of ali participants and to protect the Corporation, its employees and volunteers. An amended Alcohol Management Policy is required to educate individuals or groups operating a Special Occasion Permit in a municipal facility, on the City's alcohol policy and Alcohol and Gaming Commission legislation, to ensure they are aware of their duties and responsibilities with respect to alcohol management. There is also the need to update the policy to reflect changes in the City's operation. The following is an overview of the proposed changes to update the City's alcohol policy. CHANGES IN THE CORPORATION OF THE CITY OF PICKERING OPERATION Change Town of Pickering to City of Pickering Change Department of Community Services & Facilities to Operations & Emergency Services Department, Culture & Recreation Division Change Director to Division Head DESIGNATED FACILITIES Add Petticoat Creek Community Centre Add Front Street Centre Delete Dr. N.F. Tomlinson Community Centre Add Pickering Museum Village ALCOHOL RESTRICTIONS WITHIN DESIGNATED FACILITIES (New Section Added) All designated facilities defined in this policy shall be deemed a "public place" and as such, in accordance with Section 31 of the LiquorLicence Act, R.S.O. 1990, c.L. 19, no person shall have or consume or sell liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O~ permit. This section clarifies no person shall consume liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O permit. INSURANCE Change naming the Corporation of the City of Pickering as a co-insured to naming the Corporation of the City of Pickerin9 as an additiona! insured.. Enactment of the draft by-law attached is required to amend By-law Number 3859/91 and to adopt the amended Aicohol Managemer~t Policy in the form attached i'~ereto as Schedule A. (Authority- Municipal Act, R.S.O. 1990 c. M45, Section 207.58.) CORP02£7-07/0' () 3 8 Report OES 29-04 Subject: Aicohot Management Policy Date: September 28, 2004 Page 3 Prepared By: ~¢ ,.,,."/' i ~tept::Len Reynolds' Divisic~hqqoad', Culture & Recreation Approved t Endorsed By: EVerett BuSt~'~na Director, Operations & Emergency Services SR:Ig Attachment Copy: Chief Administrative Office Recommende the PickeringCi{y Co of Thomas J. Chief Administrative Officer THE CORPORATION OF THE CITY OF PICKERING f 39 BY-LAVV NO. Being a. by-law to amend By-law Number 3859191 being the Alcohol Management Policy for City owned facilities. WHEREAS the Council of The Corporation of the City of Pickering passed By-law Number 3859/91 on October 7, 1991, to establish an Alcohol Management Policy for City owned facilities; and WHEREAS the Council of The Corporation of the City of Pickering deems it appropriate for the better management of such facilities to adopt an amended Municipal Alcohol Policy applicable thereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: By-law 3859/91 is hereby amended by deleting therefrom Schedule "A" and substituting therefore Schedule "A" attached hereto. BY-LAW read a first, second and third time and finally passed this 18th day of October, 2004. David Ryan, Mayor Bruc~ Tay o~', Cierk O40 Schedule "A" r,,~ THE CORPORATION OF THE CITY OF PICKERING Operations and Emergency Services Department Culture and Recreation Division N~NiC]PAL ALCOHOL POLIC September 28, 2004 PURPOSE The purpose of this policy is to endeavor to ensure the appropriate management of the use and consumption of alcoholic beverages in municipally owned facilities; to avoid related problems and to ensure the safety and well being of all participants and to protect the Corporation, its employees and volunteers. DEFINITIONS In this Policy, the term, (a) "Licensed function" means a function for which a permit has been issued by, or is otherwise licensed by, the Liquor License Board of Ontario at which alcoholic beverages may be consumed; (b) "Closed private licensed function" means a licensed function determined by the Division Head of Culture and Recreation to be closed to the general public and of a private nature; (c) "Designated facility" means a City owned building, park, open space and associated parking lot designated by this policy as suitable for an indoor or outdoor licensed function; (d) "User" means a person, group or association to whom the City has granted, written permission to use a designated facility for a licensed function and; (e) "Division Head" means the City's Division Head of Culture and Recreation or designate. DESIGNATED FACILITIES (1) The following are designated facilities for indoor licensed functions: (a) Brougham Community Centre (b) Claremont Community Centre (c) Don Beer Sports Facility Community Centre (d) East Shore Community Centre (e) Green River Community Centre (f) Greenwood Community Centre (g) Mount Zion Community Centre (h) Pickering Civic Complex (i) Pickering Recreation Complex (j) Seniors Activity Centre (k) West Shore Communib/Centre (I) Whitevale Community Centre (m) Petticoat Creek Community Centre (n) Picketing Museum Village (2,i The following are designated facilities for outdoo? licensed functions: (a) Ciaremonl, COmmLm[tv Pad (b'., Dunmoore Pari '7. (d) Alex Robertson Park (e) Pickering Museum Village ALCOHOL RESTRICTIONS WITHIN DESIGNATED FACILITIES Al! designated facilities defined in this policy shall be deemed a "public place" and as such, in accordance with Section 31 of the Liquor Licence Ac~, R.S.O. la .... , ' ' v,~,.,, c.~_. lg, no oerson shall nave or consume oi sell liquor in any designated facility unless a licence or permit is issued or unless specifically covered by an L.L.B.O. permit. SAFE TRANSPORTATION Only those users implementing a safe transportation strategy (e,g,, a designated driver program, an alternate home transportation option) to prevent intoxicated participants from driving will be permitted to use designated facilities for licensed functions. (2) The Division Head may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. NO ALCOHOL AND LOW ALCOHOL DRINKS (~) Only users offering a sufficient quantity of no alcohol and Iow alcohol drinks will be permitted to use designated facilities for licensed functions. (2) The Division Head may require a potential user to demonstrate that such a strategy will be implemented by the user if written permission to use the designated facility for a licensed function is granted. "STATEMENT OF INTOXICATION" SIGN (1) Users of designated facilities for licensed functions shall display prominently in the facility a sign or signs indicating that it is illegal to serve participants to a state of intoxication. Such signs shall read as follows: City of Pickering - Department of Operations and Emergency Services - Culture and Recreation Division Statement of Intoxication It is contrary to the Liquor Licence Act of Ontario to serve persons to intoxication. For this reason, servers in this facility are required to Obey the law and not serve anyone to intoxication. Should you wish a no alcohol or Iow alcohol "breather" round, request a soft drink, coffee or smaller than usual portion of alcohol. (2) Signs shall be provided by the City to users for' display by them the designated Cacility during the licensed function. PARTICIPANT CONTROL Only users providing sufficient controls to prevent: underage, intoxicated or rowdy persons from entering the designated facility, tc refuse se~ice to such persons, and to remove such persons from the designatec; facilit',,:: wili b,:; [:~erm[ttec: to use designated facilities for licensee; functions. f 41. ('i4 o (3) (4) Having ~, supervisor in ci*,arge of the licensed function presen[ in'~"'¢::c',i~e the designated facility at all times during the function. (b) Having at least two monitors at each entrance to the licensed function at all times during the function; (c) Accepting only an age of majority card, a photo driver's license o~' a pe;ssport as identification for entry; (d) Having a monitor or rnonitors (other than entrance monitor) in the designated facility at all times during the function at least one monitor for every 200 participants; (e) Using monitors and servers who are 19 years of age or older; (f) Using monitors and servers who do not consume alcohol during the function; and (g) Providing a list of the names of superwsors, monitors and servers to the Division Head prior to the function. The Division Head may require a potential user to demonstrate that such controls will be imposed by the user if written permission to use the designated facility for a licensed function is granted. Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to impose voluntarily the controls set out above since they are not exempt from responsibility for compliance with the law and for the sobriety .and safety of participants. SUPERVISOR, MONITOR~ AND SERVER TRAINING (1) Only users providing sufficient numbers of supervisors, monitors and servers that have attended an appropriate training course in server intervention will be permitted to use designated facilities for licensed functions. (2) Such training should utilize the Addiction Research Foundation course material, and may be provided, at a reasonable cost, through the Division of Culture and Recreation. (3) The Division Head may require a potential user to demonstrate that sufficient numbers of supervisors, monitors and servers that have attended such a course will be provided by the user if written permission to use the designated facility for a licensed function is granted. (4) Closed private licensed functions are exempt from this section of the policy; however, users of designated facilities for closed private licensed functions shall be encouraged to provide voluntarily properly trained supervisors, monitors and servers since such users are not exempt from responsibility for compliance with the law and for the sobriety and safety of participants. (1) Only users having a minimum of $I,000,000 third party general liability insurance coverage, naming the Corporation of the City of Pickering as an additional insured, will be permitted to use designated, facilities for license.d functions. The Division Head may require a potential user to demonstrate that such insurance coverage is in place before written permission to use the designated facility for a licensed function is granted, I 0. ACCOUNTABILITY (~) Users of designated facili£ies for licensed functions shall display prominently in the facility a sign or signs informing participants of the following: (a) The name, address and telephone number of the user; (b) The name, address and telephone number of representative of the user responsible for the function; the (c) The address and telephone number of the nearest Police Station; (d) The address and telephone number of the Liquor License Board of Ontario; and (e) The address and telephone number of the Division of Culture and Recreation (2) A user that contravenes any City policy or procedure or any applicable law may be refused permission to use designated facilities for licensed functions, at the Division Head's Direction; (a) Indefinitely, or (b) Until the user can demonstrate to the Division Head's satisfaction that a further contravention shall not occur. 11. PROMOTING THE POLICY The Division 'of Culture and Recreation shall design and implement, in consultation with the Addiction Research Foundation, a strategy to orient all potential users to the requirements of this policy and to promote this policy to the community at large. 044 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 30-04 regarding a renewal of a Lease Agreement be received; and That the attached draft by-law be enacted to authorize the execution of a lease agreement (renewal for an additional year) with O.J. Muller Landscaping Contractor Ltd. to lease those .lands consisting of a stone house and 6.074 acres, to use and occupy the property or the premises to cultivate the land for cash and to store market nursery stock. The property and premises are located on Brock Road North Pickering, and compromising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012; and 3. That the Mayor and Clerk be authorized to give effect hereto. P!CKERING REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 30-04 Date: September 28, 2004 O45 Richard Holborn, P.Eng. Division Head, Municipal Property & Engineering Subject: O.J. Muller Landscape Contractor Ltd Renewal of Lease Agreement Recommendation: 1. That Report OES 30-04 regarding a renewal of a Lease Agreement be received; and That the attached draft by-law be enacted to authorize the execution of a lease agreement (renewal for an additional year) with O.J. Muller Landscaping Contractor Ltd. to lease those lands consisting of a stone house and 6.074 acres, to use and occupy the property or the premises to cultivate the land for cash and to store market nursery stock. The property.and premises are located on Brock Road North, Pickering, and compromising those parts of Lot 19, Concession 3, Pickering, designated as Pads 2 and 3, Plan 40R-7012. 3. That the Mayor and Clerk be authorized to give effect hereto. Executive Summary: Not applicable Financial implications: FINANCIAL IMPLICATIONS: Rent for 2005 $1,500/month x 12 = Plus $25.00 Administration Fee Business taxes (to be determined~ $i8,000 $!8,000 Report OES 30-04 Subject: O.J Muller Landscape Contractor Ltd, Renewaf of Lease Agreement Date: September 28, 2004 Page 2 Background: The subject property was deeded to the City as part of an agreement with Veridian Connections (formerly known as Pickering Hydro Electric Commission) in November 1999. The property is presently used as a nursery for a landscape business and the home on the property is used for residential purposes. Much of the property is natural woodlot ancillary to the residential and nursery use. The lease is generally similar to other leases of land in the vicinity owned by the City of Pickering. The term of lease is one year, which will result in this lease terminating on the same date as other leases of land in the immediate vicinity owned by the City. The rent being recommended is the same to what the tenant was paying in 2004. Any increase will require further notification to the tenant. The Operations & Emergency Services Department recommends approval of the lease agreement as it is presented. Land values are similar to other City owned properties in the area (approximately $6,000/acre). Attachments: I. By-Law 2. Location Map 3. Lease Agreement Report OES 30-04 Subject: O.J Muller Landscape Contractor Ltd. Renewal of Lease Agreement Date: September 28, 2004 Page L 47 Prepared By: D~ision Head -- Municipal property & Engineering RH:ds Attachments I:\COU NClL\Muller_Extension.doc Copy: Chief Administrative Officer Recom me n de¢~Ci;~,he'~iside ration Pickering Thomas of J. C~.u..~rf~,~ief Administrative Officer Approved / Endorsed By: Everett Bu~'tsma, 'Director Operations & Emergency Services ........ ~- T, ' CiTY OF THE ~ut-~Pu ~A, ~OF~ OF THE PICKERING BY-LAW NO Being s; by-law io authorize the execution of a Lesse Agree~,'nent between The Corporation of the City of Picketing and O.J. Muller Landscape Contractor Ltd. for the leasing of those lands consisting of a stone house and 6.074 acres located on Brock Road North, Picketing, and comprising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012. WHEREAS pursuant to the provisions of sections 110 of the Municipal Act, 2001, chapter 25, the Council of The Corporation of the City of Pickering may by By-law lease premises owned by the Corporation; NOW THEREFORE THE COUNCI'L 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 City Solicitor for a one (1) year term ending December 31, 2005, between the Corporation of the City of Pickering and O.J, Muller Landscape Contractor Ltd. BY-LAW read a first, second and third time and finally passed this 2004. day of, David Ryan, Mayor Bruce Taylor". City Clerk O49 , PROPERTY' 0 5 0 TUg ~ ~,,.'~- AGREEMENT made pursuant, to the provisions.of sections i 10 of the Municipal Aci', 200!, chapter 25 as of the first day of January 2005. , Cr~;- called ,k- "Landlord" OF THE FIRST PART, - and - O.J. MULLER LANDSCAPE CONTRACTOR LTD. herein called the "Tenant" OF THE SECOND PART. In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as follows: 1. LEASE AND TERM The Landlord hereby leases to the Tenant those lands consisting of a stone house and 6.074 acres located on Brock Road North, Picketing, and comprising those parts of Lot 19, Concession 3, Picketing, designated as Parts 2, Plan .40R-7012, save and except Part 2, Plan 40R-14541 and Part 3, Plan 40R-7012 (herein called the "Premises"), for a term (herein day of January 2005 and expiring on the 31 day called the "Term") commencing on the Ist . st of December 2005 unless the Term is earlier terminated. RENT (1) The amount of the rent payable by the Tenant to the Landlord monthly and every month during the Term is: January 1, 2005 - December 31, 2005 $1,500 / month Plus G.S.T. (2) Place and Manner of Payment Each payment of rent shall be paid by the Tenant to the Landlord in advance, on the first day of the month, in lawful money of Canada, at the address of the Landlord set out in section 18(3) or at such other place as the Landlord shall from time to time designate, and the Landlord may require the Tenant to provide post-dated cheques for this purpose. GENERAL. COVENANTS r., ~ The Landlord covenants wit~ tile Tenant: (a) (b) for quiet enjoyment; and to observe and perform all covenants and obligations of the Landlord herein. ¥'ne 7enan: covenants, with the Landlord: ne I enant covenants with the Landlord: Conduct of ~us~n~ss To use and occupy the prope,,ly or the Premises during the Term. to cultivate the land ~o~' cash crops and to stem and market nurser~ stcck, which wouid inciude natural stone, packaged peat moss and otl~er related landscape materiais. The outdoor storage area for these materials are to be in a location that would not: be visible from the road. The Tenant covenants to not use the property or Premises for any use that is in contravention of any ordinance or law; (b) Hours of Operation and Illumination To carry on the business only between the hours of 5:30 a.m. arid 12:00 midnight, local time and not to illuminate any sign or any part of the Premises not contained within a building or structure, except for security purposes, between 12:01 a.m. and 5:30 a.m., local time; (c) Business Name To carry on business on the Premises under the name-and style of O.J. Muller Landscape Contractor and under no other name or style unless approved in writing by the Landlord; (d) Appearance, etc. of Premises To maintain and Operate the Premises so that they shall always be of good appearance and suitable for the proper operation of. the business required to be carried on therein and comparable with the .standards of the best such business, and in so doing, to keep the Premises orderly, tidy, clean and clear of all refuse; and (e) By-Laws To comply at its own expense with all municipal, federal and provincial sanitary, fire and safety laws, regulations and requirements pertaining to the occupation and use of the Premises, the conditions of the Leasehold Improvements, trade fixtures, furniture and equipment installed by or on behalf of the Tenant therein and the making by the Tenant of any repairs, changes or improvements therein. TAXES d) _Payment by Tenant The Tenant covenants with the Landlord to pay promptly when due to the taxing authority or authorities having jurisdiction, all taxes, rates, duties, levies and assessments whatsoever, Whether municipal, parliamentary' or otherwise, levied, imposed or assessed in respect of the Premises and any and every business carried on in the Premises by the Tenant, or in respect of the use or occupancy thereof (including iicence fees and including, without limitation, any G.S.T. and business taxes which may be applicable). o h-., The -.,-'enani covenants, wit[' the Landiord tha! trio S"enan¢ will pay al'. gas, oil water hydro, sewer and electric light charges in connection with the Premises. Lib, mi k.,r-,~. ASSiGNMEN¥ AND SUBLETTING :,ersons other that, tr:e Tenant ant' rna empiovees sc rrm ' enan'. 0 I pein'ii an~ pan o persons ~c be upo~ ti'i~ Premises otne: t:':s~r; the Tensn! [!:s empioyees, customers and oti'~er~ havin[! la~ffui business with 0 5 I. Assianment and Subiettine The Tenant shall not assign this Lease or sublet all or any par~ of the Premises. : ,.',?:. ~enan: snai; be :-)ermitted [o maintain an identification s~gn at or near the frontage the Premises on Brock Road. Such sign shall contain omv ihe name or s~vie unaer which the Tenant ~s required to carry on ~usmess under ~.he provisions of this Lease unless the Landlord si~all otherwise approve in writing. Such sign, including the size. location, arrangement and type of lettering, its coiour. il umination and all its other appearance and design features shall be subject to the prior written approval of the Landlord. (c) The Tenant shall not paint, display, inscribe, place or affix any sign, symbol, notice. lettering or display of any kind anywhere outside the Premises or within the Premises so as to be visible from the outside of.the Premises with the exception of lawful signs erected on the Tenant's lands adjacent to the Premises, except with the prior written consent of the Landlord. (d) Should the Landlord at any time object to any sign, symbol, notice, lettering or display either affixed to or visible from the outside of the Premises, the Tenant shall remove the same forthwith upon request. ABANDONED PROPERTY The Landlord may sell, retain for the Landlord's own use or otherwise dispose of the property of the Tenant left in the Premises if the Tenant has vacated the Premises. 10. DEATH OF A TENANT If the Tenant dies and there are no other tenants of the Premises, the tenancy shall be deemed to be terminated 30 days after the death of the Tenant. 11. LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES (~) Definition of Leasehold Improvements For purposes of this Lease, the Term "Leasehold Improvements" includes without limitation all fixtures, improvements, installations, alterations and additions from time to time made, erected or installed by or on behalf of the Tenant in or on the Premises, and whether or not moveable, with the exception of trade fixtures, furniture and equipment not of the nature of fixtures. (2) Installation of Improvements and Fixtures The Tenant shall not make, erect, install or alter any Leasehold Improvements or trade fixtures, including lighting, in or on the Premises without having first obtained the Landlord's written approval. The Tenant's request for any approval hereunder shall be in writing and accompanied by an adequate description of the contemplated work and, where appropriate, working drawings and specifications thereot Al! work to be performed on the Premises shalt be performed by competent contractors and subcontractors of whom the Landlord shall have approved, such approval not to be unreasonably witnneid. Al! such work shal! be subiect tc insDectio~ bv and the reasonable supervision of the Landlord, and shal~ be performed in accordance with any reasonable conditions or regulations imposed by the Landlord and completed in a good and workmanlike manne! in accordance with the description of work approved by the Landlord. Liens and Encumbrances on Improvements and Fixtures m connection with the making, erection, installation or alteration of Leasehold improvements and trade fixtures and ali other work or installations made by or for the Tenant in or on the Premises. the Yenant shall comply with ali the provisions of the Construction Lien Act andoLn,.r* '~ statutes from time to time applicable theretc, includin§ an~/provision re~:idn~L: o: enabling the retention by way of hoid-baci~ ct eor[ions of sums payabie, and except as to any such hold-back shall promptly pay ail accoun-[s relating thereto. The Tenam shall not create any mortgage, conditional sale agreemem or other encumbrance ~n respect of its Leasehold Improvements or. without the consent of the Landlord, with respect to its trade fixtures nor shall the Tenant take any action as a consequence of which any such mortgage, conditional sate agreement or other encumbrance would attach to the Premises or any part thereof. If and whenever any mechanics' or other lien for work. labour, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable or claims therefore shall arise or be filed or any such mortgage, conditional sale agreement or other encumbrance shall attach, the Tenant shall within twenty (20) days after receipt of notice thereof procure the discharge thereof, including any certificate of action registered in respect of any lien by payment or giving security or in such other manner as may be required or permitted by law, and failing which the Landlord may in addition to all other remedies hereunder avail itself of its remedy under section 12 hereof and may make any payments required to procure the discharge of any such liens or encumbrances, shall be entitled to be reimbursed by the Tenant as provided in section 12, and its right to reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off or defence. This subsection shall not prevent the Tenant from mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixtures. (4) Removal of Improvements and Fixtures (a) All Leasehold Improvements, trade fixtures, furniture and equipment shall be removed by the Tenant from the Premises either during or at the expiration or sooner termination of the Term. Such removal shall be at the expense of the Tenant. (b) The Tenant shall, in the case of every removal either during or at the end of the Term, make good at the expense of the Tenant, any damage caused to the Premises by the installation and removal of all Leasehold Improvements, trade fixtures, furniture and equipment. 12. INSURANCE AND LIABILITY (1) Tenant's Insurance The Tenant shall take out and keep in force during the Term: (a) comprehensive insurance of the type commonly called general public liability, which shall include coverage for personal liability, contractual liability, tenants' legal liability, non-owned automobile liability, bodily injury, death and property damage, all on an occurrence basis with respect to the business carried on in or from the Premises and the Tenant's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than Five Million Dollars ($5,000.000), or such other amount as the Landlord may reasonably require upon not' less than six months notice at any time during the Term, whici' insurance shall include the Landloro as a named insured and shal~ protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; and ~nsursnoe aqe, in.~~ st,c~ othe: ~¢efiis and ir, such amounts as the Landiord may from time to time reasonably require upoh no: ~ess than 90 da,~: waltzer', notice. 0 5 3 ,54 ' , en,~m, hereunger snail be on [erms and Ail insurance required to be maintained by the ? - * with ~nsurers to which the Landlord has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other ciairn over to which the insurer m~ght otherwise be entitled against the Landlord or the agents or employees of me Landlord and shall also contain an undertaking by the ~nsurer that no material change adverse [o the Landlord or the Tenant will be made ~nc the ~oiicy wi;i no,: ~apse or De cancelled, excep.: after not less than thirb., gays wri~en notice to the Landlord of the intended change, lapse or cancellation. The Tenant s~, , ,~ furnish to the Landlord, i'l: and whenever requested by it. certificates or other evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cost of the Tenant's Leasehold mprovements, trade fixtures furniture and equipment, and if the Landlord reasonably concludes that the full replacement cost has been underestimated, the Tenant shall forthwith arrange for any consequent increase in coverage required hereunder. If the Tenant shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the Landlord pursuant to the preceding sentence are unacceptable to the Landlord or no such evidences are submitted within a reasonable pe¢iod after request therefore by the Landlord, then the Landlord may give to the Tenant written notice requiring compliance with this section and specifying the respects in which the Tenant is not then in compliance with this section. If the Tenant does not, within 72 hours or such lesser period as the Landlord may reasonably require having regard to the urgency of the situation, provide .appropriate evidence of compliance with this section, the Landlord may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance which the Tenant shall have failed to obtain, without prejudice to any other rights of the Landlord under this Lease or otherwise, and the Tenant shall pay all premiums and other expenses incurred by the Landlord in that connection as additional rent pursuant to section 12 hereof. (2) Limitation of Landlord's Liability The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to the Tenant or its employees, invitees or licensees or any other person in, or about the Premises, (3) Indemnity of Landlord The Tenant shall indemnify and save harmless the Landlord in respect of: (a) all claims for bodily injury or death, property damage or other loss or damage arising from the conduct of any work by or any act or omission of the Tenant or any agent, employee, contractor, invitee or licensee of the Tenant, and in respect of all costs, expenses and liabilities incurred by the Landlord in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto; (b) any loss, cost, expense or damage suffered or incurred by the Landlord arising from any breach by the Tenant of any of its covenants and obligations under this Lease; and (c) ali costs, expenses and reasonable legal fees that may be incurred or paid by the Landlord in enforcing against the Tenant the covenants, agreements and representations of the Tenant set out in this Leasa AND REGULATIONS The Tenant further covenants with the following: return ali i(eys~ for the Premises prior to the termination of this Lease; provide to the. 2.andiorc with particulars o'[ aii au'[omobiies (whicr tern-, inciudes or other substances sna~i be thrown thereih. F,m,~ daniaae resultin¢: to theF fro~ i'(ilSLlSr~ Or from unusu~ O' L!iqre~ena~i~' t~l! ~,~! Doi'ne Dv ~i'te !ei'ial'ii. who whose f'amiiy, guests, visitors, servants, clerks or agents snal! cause it; id) Ail awnings or shades over and outside of the windows desired by Tenants shall be erected at their own expense: they must be of such shade, colour, material and make as may be prescribed by the Landlord and shall be put up under the direction of the Landlord or his agents; i'e'; The Tensnt must observe strict care not to allow their windows To remain open so as to admit rain or snov~. For ~ni." iniury caused to the prope~¥ of the Landiorci bv suci~ oareiessness the Tenant negiecting this rule will be held responsible; (f ?40 additional locks shall be placed upon any door of the Premises, without the written consent of the Landlord which shall be endorsed hereon; (g) No Tenant shall do, or permit anything to be done in said Premises or bring or keep anything therein which will in any way increase the risk of fire or the rate of fire insurance on the Premises, or on property kept therein, or conflict with any of the rules and ordinances of the Board of Health or with any statute or municipal by-law; (h) Nothing shall be placed on the outside of window sills or projections; (i) The water shall not be left running unless in actual use in the leased Premises; spikes, hooks, screws or nails shall not be put into the walls or woodwork of the building; (j) If the Tenant desires telegraphic or telephone connections, the Landlord or his agents will direct the electricians as to where and how the wires are to be introduced and without such direction no boring or cutting for wires will be permitted. If the Tenant desires to install, add to or alter, gas or electric light fittings, for lighting the Premises the Tenant must arrange with the Landlord for the necessary connections and no gas pipe or electric wires will be permitted which has not been authorized in Writing by the Landlord or his agents; (k) No auction sale shall be held in the Premises Without consent in writing of the Landlord; (I) No stores of coal or any combustible or offensive goods, provisions or materials shall be kept upon the Premises; (m) That no assent or consent to changes in or waiver of any part of this agreement in spirit or letter shall be deemed or taken as made, unless the same be done in writing and attached to or endorsed hereon by the Landlord or his agents; (n) Hardwood floors must be kept clean, waxed and polished at the expense of the Tenant; (o) No heavy furniture shall be moved over floors of fiat, halls, landings or stairs, so as to mark same; (p) Rugs must be so laid to cover all floors so as to suppress any noise that might disturb other tenants; (q) The Tenant will be held responsible for any damage to the Premises caused by moving furniture in or out of said Premises; and (r) The Premises be left clean and in good condition at expiration of Term. The Landlord shall ha;~e the right to make such other and further reasonable rules and regulations as in his judgment may from time to time be needful for the safety, .care and cleanliness of the Premises and for preservation of good order therein and the same shall be kept and observed by tenants, their families, visitors, guests, clerks, servants and agents. 14. ACCESS OF LANDLORD inspection and Access The Landlord shall be permitted at any time and from time to time to enter and to have its authorized agents, employees and contractors enter the Premises for the purposes of inspection, maintenance or making repairs, and the Tenant shall provide free and unhampered access for the purpose, and shall not be entitled to compensation for any inconvenience, nuisance or discomfort caused thereby but the Landlord in exercising its rights., hereunder shall proceed to the extent reasonably possible sc as to minimize interference with the Tenant's use and enjoyment of the Premises. ~.~ Exhibitino; Prernises The.a,' ~,.d,,,~ '~ .... ,,.: ante i'~:" * "-¢ ~mplo e~ shali _ permitted entr), to the: Premises durin9 t~e las; si) (6) months of the 3'erin for the purpose of exnir)itin9 tne~ 055 (1) Unavoidable Deiav Except. as herein othe~vise expressly provided, if and whenever and To the extent t,hat eithe: the Landlord oF tpe Tenam shall be Brevented. deiayed or restricted in thc fulfillment of any obi~gauon hereunder in respect of the making o¢ any repair, the do~n¢ tensor of: strikes or wur~, stoppages: lb) (c) inability To obtain any material, service, utility or labour required To fulfill such obligation: any statute, law or regulation of, or inability to obtain any permission from. any government authority having lawful jurisdiction preventing, delaying or restricting such fulfillment; or (d) other avoidable occurrence, the time for fulfillment of such obligation shall be extended during the period in which such circumstance operates tO prevent, delay or restrict the fulfillment thereof, and the other party shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. (2) Waiver If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breach or non-observance by the other of any obligation hereunder, this shall not operate as a waiver of such obligation in respect of any continuing or subsequent default, breach or non-observance, and no such waiver shall be implied but shall only be effective if expressed in writing. 16. REMEDIES OF LANDLORD (~) In addition to all rights and remedies of the Landlord available to it in the event of any default hereunder by the Tenant through improper compliance or non-compliance with any obligation arising either under this or any other provision of this Lease or under statute or the general law the Landlord: (a) shall have the right at all times to remedy or attempt to remedy any default of the Tenant, and in so doing may make any payments due or alleged to be due by the Tenant to third parties and may enter upon the Premises to do any work or other things therein, and in such event all expenses of the Landlord in remedying or attempting to remedy such default shall be payable by the Tenant to the Landlord as additional rent forthwith upon demand. (b) f C'~ shall have the same rights and remedies in the event of any non-payment by the Tenant of any amounts payable by the Tenant under any provision of this Lease as in the case of a non-payment of rent; and if the Tenant shall fail to pay any rent or other amount from time to time payable by it to the Landlord hereunder promptly when due, shaii be entitled, if it shall demand it, t( interest thereon at ~ rate of three per cent (3%) per annum in excess of the minimum lending rate to orime commercial borrowers frorn time to time current at the City's bank from the date upon which the same was due until i actual payment thereof. The Landlord may from time to time resor~ To any or' ali of the rights and remedies avaiiabie to it in the event of any default hereunder by the Tenant. through improper compliance or non-compliance with any obligation arising either under any provision of this Lease or under' statute or the general law. all of which rights and remedies are intended to be cumulative and no~ alternative, and the express provisions hereunder as (o ce~iain rights ant; remedies ars nc~ To oe m~emreteci as excluding am: other additional rights and remedies available To the Landlord b:/statuie or the general law. (3) Ri.qht of Re-Entry on Default or Termination If and whenever the rent hereby reserved or other monies payable by the Tenant or any pant thereof shall not be paid on the day appointed for payment thereof, whether tawfully demanded or not, and the Tenant shall have failed to pay such rent or other monies within five (5) business days after the Landlord shall have given to the Tenant notice requiring such payment, or if the Tenant shall breach or fail to observe and per- form any of the covenants, agreements, provisos, conditions and other obligations on the part of the Tenant to be kept, observed or performed hereunder, or if this Lease shall have become terminated pursuant to any provision hereof, or if the Landlord shall have become entitled to terminate this Lease and shall have given notice terminating it pursuant to any provision hereof, then and in every such case it shall be lawful for the Landlord thereafter to enter into and upon the Premises or any pant thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding. (4) Termination and Re-Entry If and whenever the Landlord becomes entitled to re-enter upon the Premises under any provision of this Lease the Landlord, in addition to all other rights and remedies, shall have the right to terminate this Lease forthwith by leaving upon the Premises notice in writing of such termination. (5) Payment of Rent, etc. on Termination Upon the giving by the Landlord of a notice in writing terminating this Lease, whether pursuant to this or any other provision of this Lease, this Lease and the Term shall terminate, rent and any other payments for which the Tenant is liable under this Lease shall be computed, apportioned and paid in full to the date of such termination, and the Tenant shall immediately deliver up possession of the Premises to the Landlord, and the Landlord may re-enter and take possession of them. ii 5'7 17. IMPROPER USE OF PREMISES; BANKRUPTCY (1) BankruDtcv, etc. In case without the written consent of the Landlord the Premises shall be used by any other persons than the Tenant or for any purpose other than that for which they were leased, or occupied by any persons whose occupancy is prohibited by this Lease, or if the Premises shall be vacated or abandoned, or remain unoccupied for fifteen (15) days or more while capable of being occupied; or if the balance of the Term or any of th~ goods and chattels of the Tenant shall at any time be seized in execution or attachment, or if the Tenant shall make any assignment for the benefit of creditors or any bulk sale, become bankrupt or insolvent or take the benefit of any statute now or hereafter in force fo~~ bankrupt: or insolvent debtors, then in any such case the Landiorci may at its option terminate this Lease Dy leaving upon the Premises notice in writing of such termination and thereupon, in addition to the payment by the Tenant of rent and other payments for which the Tenant is liable under this Lease, ren~ foF the current month' a~d the next ensuing three (3) months shal! immediatei¥ become due and paid b~ th~ ~enan'- Reaistration of Lease Neithef' the Ten,m: nor Ihe Landlord shall re(~iste~' this Lease o? -2 notice of' this -_ease ~ onsd~utes ~nt r~/.:tcireement ~nere are no covenants, ,~.pr~vn.¢,,.m~, warranties, ¢.gr,...m~nL. or conditions express or implied, collateral or otherwise forming pa~ of or in any way affecting or relating to this Lease save as expressly set out in this Lease; this Lease constitutes the entire agreement between the Landlord and the Tenant and may not be modified except as herein explicitly provided or except by agreement in writing executed by the Landlord and the Tenant. (3) Notices Any notice required or contemplates by any provision hereof shall be given in writing, and (a) (b) if to the Landlord, either delivered to the City Clerk personally or mailed by prepaid registered mail addressed to the City Clerk at Pickering Civic Complex, One The Esplanade, Picketing, Ontario L1V 6K7; and if to the Tenant, either delivered to O.J. Muller Landscape Contractor personally or mailed by prepaid registered mail addressed to O.J. Muller Landscape Contractor at Brock Road North, Picketing, Ontario. Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid, upon the day after the day it is mailed. Either party may from time to time by notice in writing to the other, designate another address in Canada as the address to which notices are to be mailed to it. (4) Interpretation All of the provisions of this Lease are to be construed as covenants and agreements as though words importing such covenants and agreements were used in each separate provision hereof, and the captions appearing for the provisions of this Lease have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Lease or of any provision hereof. (5) Extent of Lease Obligations This Lease and everything herein contained shall enure to the benefit of and be binding upon the respective heirs, executors, administrators and other legal representatives, as the case may be, of each party hereto, and every reference herein to any party hereto shall include the heirs, executors, administrators, and other legal representatives of such party. 19. RIGHT OF FIRST REFUSAL The Tenant hereir acknowledges that, notwithstanding any other provisions of tr~e Lease Agreement for the Premises, there is no right of first refusa! in favour of the Tenant with respect tc the Dremise~: hereto and the Tenant releases any claims against the Landlor¢; ih respect thereof. 20 SE\/ERABILITY IN WITNESS WHEREOF the,~¢a,tleo ~ ' ¢ hereto have hereunto affixed ~neN-' respective Corporate Seals attested to by the hands of their authorized officers. oI~Nr-L.L ~m_~L.L~ AND DELIVERED David Ryan, Mayor Bruce Taylor, City Clerk O.J. Muller Landscape Contractor Ltd. O.J. Muller, President I:\Lease Agreements\OJMULLERLEASEAGREEMENT.doc RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 32-04 regarding the establishment of safe load limits on municipal bridges be received; and That City Council pass the attached Draft By-law limiting the gross vehicle weight of any vehicle or any class thereof, passing over certain bridges, under the jurisdiction of the Corporation of the City of Pickering. P!CKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 32-04 Date: September 24, 2004 Richard W. Holborn, P.Eng. Division Head, Municipal Property & Engineering Subject: Municipal Bridge Maximum Gross Vehicle Weight Restrictions By-laws to revise load limits Recommendations: That Report OES 32-04 regarding the establishment of safe load limits on municipal bridges be received; and that; City Council pass the attached Draft By-Law limiting the gross vehicle weight of any vehicle or any class thereof, passing over certain-bridges, under the jurisdiction of the Corporation of the City of Pickering. Executive Summary: The Highway Traffic Act and Bridge Act require that every bridge and or structure be kept safe and in good repair through periodic inspections under the direction of a Professional Engineer and in accordance with the provisions of the Ontario Structure Inspection Manual, or equivalent. Further, The Highway Traffic Act establishes that muniCipalities "having jurisdiction over a bridge may by by-law limit the gross vehicle weight of any vehicle or any class thereof passing over the bridge". Subject to the above, staff hereby present a proposed by-law which identifies the new established maximum weight load limits on all bridges under the jurisdiction of the City and which repeals the previously established associated by-laws. Financia!implications: This review is part of a undertaken every two years to conform with legislation. impiications associated with the passing of this by-law. comprehensive inspection ~her.. are no oth"r ,financial 062 Report OES 32-04 Date: September 24, 2004 Subject: Municipal Bridge Maximum Gross Vehicle Weight Restrictions Page 2 By-taws to revise load i/mits Background: In April of 2002, staff presented report OES 014-02 to the Finance and Operations Committee. The report, as adopted by the Committee and approved by Council: · identified the maximum vehicle load limits established as a result of the inspections on the four (4) bridges currently under the jurisdiction of the City of Pickering, · presented for Council endorsement, the draft by-law necessary for bridge load designation, · established the necessary schedules for signature by two Professional Engineers certifying the safe load limits and the duration for which the limits apply. As the recent construction of the new Rosebank Road bridge (north of Toynevale Road) has been completed, the maximum vehicular weight capacity of the new structure exceeds 20 tonnes and municipal load restrictions are no longer necessary. Therefore, By-law 5976/02 is now redundant and will be repealed by the new proposed bylaw attached. City of Pickering By-laws 5977/02, 5978/02 and 5979/02 also established maximum gross vehicle weight load limits for the following three additional bridges under the jurisdiction of the City of Picketing (for location see map attached): Bridge Location Maximum Gross Vehicle Weight Previous By-law Proposed By-law Sideline 34 (0.4 km south of 8th Concession Road) 11tonnes 11tonnes 8th Concession Road, (0. !0 km west of Sideline 34) 15tonnes 15tonnes Pickering/Uxbridge Townline, (0. !0 km east of Sideline 30) 11tonnes 11tonnes As the two year certificatior~ periods identified or~ Scheduies "A' to By-Jaws 5977/02, 5978/02 and 5979/02 have expired, the affected municipal bridges have been re- inspected and re-certified~ The proposed new by-law attached sets the new' (same as previous iimitsii~ maximum cross vehicle weights and the durations fo!' which they.: apply. Report OES 32-04 Date: September 24, 2004 Subject: Municipal Bridge Maximum Gross Vehicle Weight Restrictions Page 3 By-laws to revise load limits Attachments: 1. Location Map 2. Draft By-law and schedules Prepared By: ihard W. Hj~born, P.Eng. ivision Hea~, unicipal Property & Engineering Approved / Endorsed By.: Everett Bunt~.~a'~ Director, Operations & Emergency Services RH:ds Attachments Copy: Chief Administrative Officer City Clerk Recommended fer~he &onsideration of Pickering C(t~ Coundil¢ Thomas J. ~Qui,nn, Cbiecf Administrative Officer © < SUBJEC' LOCATION Ld U×BRIDGE '? W TRANS-- CANADA O PIPELINE Z CT -i LOCATION~ Z LOCATIONt,' W W -0 j w w © EIGHTH CO CESSION O fl) \ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /04 Being a ~:}y-iaw.' to limit the gross veP, icie weight of any venic!e or cJass thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering pursuant to the Highway Traffic Act, R.S.O. ?990, c. H. 8, as amended. WHEREAS, pursuant to Section 123 (2) of the Highway Traffic Act, R.S.O. 1990 c. H8, as amended, the municipal corporation or other authority having jurisdiction over a bridge may by by-law, limit the gross vehicle weight of any vehicle or any class thereof passing over the bridge. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: In this by-law "gross vehicle weight" means the total weight in tones transmitted to the highway by a vehicle or combination of vehicles and load. No vehicle or combination of vehicles or any class thereof, whether empty or loaded, shall be operated over those bridges as set out in Column I of Schedule "A" to this by-law where the gross weight exceeds that set out in Column II of Schedule "A" to this by-law. This by-law shall not become effective until a notice of the limit of gross vehicle weight permitted, legibly printed, has been posted in a conspicuous place at each end of the bridge. Any person violating the provisions of this by-law is guilty of an offence and on conviction is liable to a fine as provided in the Highway Traffic Act, R.S.O. 1990 c. H8, as amended from time to time. That the engineers' statement verifying the gross vehicle weight limit specified in Section 2 of this by-law are set out in Schedule "B", attached and forms part of this by-law. By-law Number 5976~02, 5977/02, 5978102 and 5979~02 are repealed. BY-LAW read a first, second and third time and finally passed this __ 2004. day of Dave Ryan, Mayor Bruce Ta)~io~, City Glen 6 5 Schedule "A" to By4aw No. /04 COLUMN i Bridge Location COLUMN II Maximum Gross Veh c e Weight Sideline 34, 0.4 km south of 8th Concession Road 8th Concession Road, 0.10 km west of Sideline 34 Pickering/Uxbridge Townline, 0.10 km east of Sideline 30 11tonnes 15tonnes 11tonnes amending by-law /04 /04 ,/04 Schedule "B" to By-law No. /04 i and , professional engineers of the consulting firm o'[ Totten ~ims Hubicki Associates, have reviewed the restriction of the gross vehicle weight passing over the bridges as identified in the above noted by-law. Effective as of the date of approval of this by-law, I agree with the recommended gross vehicle weight limit as set out in By-law No. /04 for a period of twenty-four (24) months. Signature Signature Dated: O63 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 34-04 from the Director, Corporate Services & Treasurer, concerning the 2004 Annual Repayment Limit for Debt and Financial Obligations, be forwarded to Council for information. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: CS 34-04 Date: September 27, 2004 Fro m: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2004 Annual Repayment Limit for Debt and Financial Obligations Recommendation: That this report be forwarded to Council for information. Executive Summary: Not applicable Financial Implications: Not applicable Background: Recently, the Ministry of Municipal Affairs and Housing (MMAH) provided information regarding the City's 2004 Debt and Obligation Repayment Limit. Debt for these purposes includes all forms of loans, leases and other long term financial obligations and commitments. The 2004 Annual Repayment Limit (ARL) was calculated based on 25 percent of 2002 net own-source revenues as reported in City of Pickering's 2002 Financial Information Report (FIR) submitted to the Ministry of Municipal Affairs. The FIR was prepared in conjunction with the annual financial statements. Own-source revenues represent generally the discretionary revenues of a municipality including property taxes, user fees, licenses and fines and exclude all grants, internal transfers and extraordinary items such as the one time sale of land or other fixed assets and non-discretionary items such as development charges. The calculated 2004 ARL based on 25% of net revenue fund is $12,375,531 based upon the 2002 Financia! informatior~ Return. However, after taking into account debt and debt charges reported to MMAH as at December 3'~, 2002, this limit is reduced to $ ,! '~, ,_w,_~r4~.c.' ~, ~ Furthermore, takino.., into account existino., f. nan~,ali - ~': obligations, additiona~ debt and internal loans and other financial obligations issued in 2003, this limit is further reduced to $9,963 160 for the 2004 calendar year. As of December 31, 2003, the reiated annual principai and interest charges, and otne~~ financia! obligations as 0 7 0 Report CS 34-04 Subject: 2004 Annual Repayment Limit for Debt and Financial Obligation Date: September 27, 2004 Page 2 The net additional ARL of $9,963,160 for 2004, as adjusted, represents the maximum additional principal and interest payment for the year that could be undertaken without Ontario Municipal Board approval. This calculation does not measure affordability nor take into account other commitments the City may have and the need to change levels of service or raise property taxes to maintain the debt repayment amount. This limit represents the maximum amount which the municipality has available for approval and certification by the Treasurer as of December 31, 2002 to commit to payments relating to debt and financial obligations. The limit is effective January 1,2004. For illustration purposes, if the City could borrow at 7%, the net ARL of $9,963,160 would allow it to undertake additional long term borrowing as follows: Terms a) 5 years b) 10 years c) 15 years d) 20 years Debt Amount ($) 40,850,923 69,977,066 90,743,604 105,549,859 Attachments: 1. Letter from the Ministry of Municipal Affairs and Housing dated July 12, 2004 Prepared By: Approved / Endorsed By: Caryn Kong Senior Financial Analyst Gillis A. Paterson Director, Corporate Services & Treasurer GAP:ck Attachment Copy: Chie!~ Administrative Office? Recommended for the conside__~¢.ticz;., of Ministq,, o[ Municipal Affairs and Housin~ Municipal Finance Branch 777 Bay Street, 13th Floor Toronto ON M5G 2E5 Phone: (416) 585-6951 Fax: (416) 585-6315 July 12, 2004 Afiaires municipales ? ,~- ~,: e'~ du Logement 777, Rue Bay, 13' btags TblOcopieur: (416) 585-6315~ ,~,~, .................. j[~[ ~ ~ Ontario O~TY OF P~C, KERiNG FiOKERiNG, ONTARIO Dear Municipal Treasurer, Clerk/Treasurer: I am pleased to enclose a report showing your municipality's 2004 Annual Repayment Limit (ARL) respecting long-term debt and financial obligations. Your 2004 ARL was calculated based on 25 percent of your 2002 net own source revenues as reported in your 2002 F/R. Note that revenues for municipal electrical utilities are not included in the calculation of the ARL, in accordance with Public Sector Accounting Board (PSAB) guidelines. If you require any further information, please contact the appropriate Municipal Services Office of the Ministry of Municipal Affairs and Housing (list enclosed). Yours truly, Director . Enclosures Ministi.'v qf Municipat Affairs and Housing 777 Bay Street, Toronto, Ontario. MSG 2E5 Ministate des al/kites municipales et du iogement 777 rue Bay Toronto (Ontario) M5G 2E5 ANNUAL REPAYMENT LIMIT (UNDER ONTARIO REGULATION 403/02) The repayment limit has been calculated based on data contained in flue 2002 Financial Information Return, as submitted to the MinistLv. This limit represents the maximum amount which the municipality had available as of December 31, 2002 to commit to payments relating to debt and financial obligations. Prior to the authorization by Council of a long term debt or financial obligation, this limit must be adjusted by the Treasurer in the prescribed manner. The limit is effective January 01, 2004. FOR ILLUSTRATION PURPOSES ONLY, the additional long-term borrowing which a municipality could undertake over a 5 - year, a 10 -year, a !5 - year and a 20 - year period is shown. DETERMINATt[ON OF ANNUAL DEBT RE?AYMENT LI[MI[T 1.0 GROSS DEBT CHARGES 1.1 Principal SLC 74 3099 01 952,089 1.2 Interest SLC 74 3099 02 457,348 i.3 SUBTOTAL 2.0 DEBT CHARGES ON O.C.W.A. PROVINCIAL PROJECT Add Lines 1.1, 1.2 [. 1,409,4371 2.1 Water Projects ~- this municipality only SLC 74 2810 03 0 2.2 Water Projects -- share of integrated project(s) SLC 74 2820 03 0 2.3 Sewer Projects -- this municipality only SLC 74 2830 03 0 2.4 Sewer Projects -- share of integrated project(s) SLC 74 2840 03 0 2.5 SUBTOTAL Add Lines 2.1 thru 2.4 I 0] 3.0 PAYMENT IN RESPECT OF LONG TERM COMMITMENTS AND LIABILITIES 4.0 DEBT CHARGEs FOR LEASE PURCHASE AGREEMENTS SLC 42 6010 01 0 SLC 74 3140 03 0 6.0 DEBT CHARGES FOR MUNICIPAL UTILITIES 6.1 Electricity SLC 40 3099 02 + SLC 40 3099 08 0 6.2 Gas SLC 40 3299 02 + SLC 40 3299 08 0 6.3 Telephone SLC 40 3499 02 + SLC 40 3499 08 0 Amounts Recovered from Unconsolidated Entities 6.4 Electricity (Principal) SLC 74 3030 01 328,000 6.5 Electricity (Interest) SLC 74 3030 02 15,170 6.6 Gas and Telephone (Principal) . SLC 74 3040 01 + SLC 74 3050 01 0 6.7 Gas and Telephone (Interest) SLC 74 3040 02 + SLC 74 3050 02 0 6.8 SUBTOTAL Add Lines 6.1 thru 6.7 [ 343,170J 7,0 PAYMENTS TO PROVINCE FOR DOWNTOWN REVITALIZATION PROGRAM LOA.N~S SLC 42 5410 01 0 (} '? 'I DETERM[.NATION OF ANNUAL DEBT REPAYMENT LI[M[T 11.0 TOTAL REVENUE FUND REVENUES* SLC 10 9910 01 49,789,108 12.0 FEES FOR REPAYING THE PROVINCE FOR DOWNTOWN REVITALIZATION LOANS SLC 42 5410 0t 0 13.0 FEES FOR TILE DRAINAGE AND SHORELINE ASSISTANCE SLC 12 1850 04. 0 1.4.0 GRANTS FROM GOVERNMENT OF ONTARIO, GOVERNMENT OF CANADA AND OTHER MUNICIPALITIES 14.1 Ontario Grants SLC 10 0699 01 + SLC 10 0810 01 219,006 14.2 Canada Grants SLC 10 0820 01 10,057 14.3 Other Municipalities SLC 10 1099 01 57,920 14.4 15.0 SUBTOTAL Add Lines 14.1 thru 14.3 [ 286,983] FEES AND REVENUES FOR JOINT LOCAL BOARDS FOR HOMES FOR THE AGED 16.0 NET REVENUE FUND REVENUES Lines 11 less Lines 12,13,14.4,15 17.0 25% OF NET REVENUE FUND REVENUE SLC denotes Schedule, Line, Column * Total Revenue Fund Revenues have been adjusted to reflect the removal of the sale of hydro utilities. ?age; ti3; o~' t}3 Dine Prepared: June [;? 20{~4 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 37-04 reporting on tendering and contract approvals during Council's Summer Recess, be received; and That Council pass a resolution ratifying the approval of the Tenders and Contracts contained in this Report by the Chief Administrative Officer during Council's summer recess (i.e., from June 28 to July 26, 2004 and from July 27, 2004 to September 13, 2004) being Tender No. T-5-2004, and the quotation for two (2) Chevrolet Cavaliers for Fire Services - Fire Protection Division. PICKERING REPORT TO EXECUTIVE COIVIM[TTEE Report Number: CS 37-04 Date: September 27, 2004 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Tender / Contract Approval Councils' Summer Recess Recommendation: 1. That Report CS 37-04 reporting on tendering and contract approvals during Councils' Summer Recess be received and that; Council pass a resolution ratifying the approval of the Tenders and Contracts contained in this Report by the Chief Administrative Officer during Council's summer recess (i.e., from June 28 to July 26, 2004 and from July 27, 2004 to September 13, 2004) being Tender No. T-5-2004, and the quotation for two (2) Chevrolet Cavaliers for Fire Services - Fire Protection Division. Executive Summary: Not applicable Financial Implications: Not applicable Background: On May 21, 2002 Council passed Resolution #80/02 Item 4 authorizing the Chief Administrative Officer act in Council's approving capacity on behalf of Council during any recess, break or absence of City Council, which states in part: Thaf., subject to the Council approved Purchasing Poficy & Procedures, the Chief Administrative Offtcer L~e authorized to act in Council's approval capacity op behalf of, .~.~,~',, durin~~ am,~' recess, break' or' absence c¢ L.,,~v ,,.~o,..~n,..t: on the condition that; such actions are i~' comrm~nce with the Pumhasing Po/ic~' ~ Procedure' as Report CS 37-04 Subject: Tender / Contract Approvai Councils' Summe? Recess Date: September 27, 2004 Page 2 07'7 Council also passed Resolution 85/00, Item 1 on June 5, 2000 authorizing the Director, Corporate Services & Treasurer be given the authority to recommend and approve project financing to the Mayor and Chief Administrative Officer for projects contained in the annual capital budget or current budget, during recesses of City Council. Circumstances were such that one tender and one informal quotation were required to be approved by the Chief Administrative Officer during Council's summer 2004 recess. It is recommended that Council receive this Report for information and ratify the approval of Tender No. T-5-2004, and the quotation for two (2) Chevrolet Cavaliers for Fire Protection of the Fire Services Division, all of which conformed to the conditions as set out in Resolution #80/02 Item 4. Therefore, under authority of the foregoing, the following was approved by the Chief Administrative Officer during the "summer recess" of Council: T-5-2004 - Tender for St. Mary Runninq Track Approved Capital Budget Financing - 2004 Capital Budget Parks Project 2003 Capital Budget Parks Carryover - Tax Levy Additional Funds Requested From School Board Total Funding Available $150,000 $ 65,000 $ 7o,ooo $285,000 Total Estimated Net Project Cost (Tendered Amount Miscellaneous and Associated Costs excluding GST) $278,191 Project Costs (over) under Approved Funds $6~809 Fire Services - Fire Protection - Vehicle Replacement Approved Capital Budget Financing - 2004 Capital Budget Vehicles $ 30,000 Total Net Cost excludin9 GST $ 30,!60 Project Cost (over) under Approved Funds 160) Report CS 37-04 Subject: Tender / Contract Approva! Counciis' Summer Recess Date: September 27, 2004 Page 3 Attachments: 1. Memorandum dated August 16, 2004 2. Memorandum dated August 4, 2004 3. Memorandum dated June 28, 2004 4. Memorandum dated June 16, 2004 5. Resolution #80/02, Item #4 6. Resolution #85/00, Item #1 Prepared By:~I Vera A. Felgemacher Approved / Endorsed By: Manager, Supply & Services GAP:vf Attachments Copy: Chief Administrative Officer Gilhs ~. ~ate'rson Director, Cor~,Serviqes & Treasurer Everett l~dntsma Acting Chief Administrative Officer Thomas J. Qu[nn, Chf~f Administrative Officer M~-tvIur~ANDUiVi O79 To: From: Subject: Thomas J. Quinn Chief Administrati~ce Officer Richard Holborn Division Head, Municipal Property & Engineering Tender T-5-2004, St. Mary Running Track Please be advised that tenders have been received for the above noted project. Sixteen (16) companies were invited to participate. An advertisement was placed in the Daily Commercial News, News Advertiser Community Page and on the City's Website all of which yielded interest from additional bidders. Thirteen (13) bidders picked up tendering documents for a non-refundable fee of $25.00 per set of which six (6) have res, ponded by the closing date and time. Attached is a copy of the record of tenders .opened and checked 'that were used at the public tender opening on Wednesday, August 4, 2004. Summary incJuded, G.S.% included) Company Total Tendered -- After '-Oa~cu~atio~ Check 't Daia;' C;ontractin9 Ltc~, That Tender No. ]'.-5-2004 submitted by Polar Contracting Limited for St. Mary Running --I, a~,k," in the amount of $269,69l .25 plus G.S.T. be approved,., and That a total gross project cost of $297,664 including the tender amount, other associa!ed project costs and G.S.T., and. a City of Pickering net project cost of .$208,191 ,e,~-~o . u~,~,191 -.$70,000)~,"~"',~, reduction by the Durham ,..,=~hollu'"~' .A District School Board ($70,000) and the G.S.T. rebate ($i 9,473) be approved, and That funding in the amount of $208,191 ($150,000 + $85,000 - $8,809) be approved. Financial implications: Tendered Amount T-5-2004 $269,691.25 G.S.T. 18,878.39 Sub Total ., 288,569.64 G.S.T. Rebate 18,878.39 Total $269,691.25 Approved Source of Funds: Account Proiect Code 2003 Capita. i Budget Parks 27t8-6129 03-2718-00i-:I 20C!4 Capita.! ~Ll£Jge'i P' "'~ o7i" .... ' Amount $~5,000 S!50,00C) Source Tax Levy Donatfon Tender for St, Mary RunnU-~c:! ~'raoi~: Tenrje; No, T-5-2004 Estimated Project O.;r,o~inr'~ ~ ' ~r~' T-5-2004-Replacement-St. Mary Running -- ' · ~ ~ aCK Other Associated Costs Tender & m*~,~- Miscellaneous "~,,.~ L! 1~1 Material Testing Project Contingency (lump sum) Total Cost Without G.S.T. G.S.T. Total Gross Project Cost Less - G.S.T. Rebate 7% Total Net Project Cost $ 269,69t 1,000 2,500 5,000 ~2'78,191 _ 19,473 $297,664 ,($ 19,473) Project Cost (over) under Approved Funds $6,809 Project is over budget est!mate ($278,191 vs $250,000) but overexpenditufe is reduced partially due to School Board increasing contribution by $20,000 and application of the G.S.T.-3% rebate savings that was already captured in the 2004 Current Budget. Finally, the carryover from 2003 was increased from $50,000 to $65,000. As a.result, the net cost 'to. the'City will be within budget 'estimates. As part of the 2003 Capital Budget, St. Mary Running Track rehabilitation was approVed as a capital, proiect. After discussion with the Durham Cathotic District School Board, it was agreed that a loose surface clay track would not suit their needs or expectations. A rubberized track was originally construoi'ed and in use, but deteriorating. City staff requested additional funds as well as e, School Board Contribution for an all weather track in the 2004 Capital Budget, which was approve'd. Tender T-5-2004 was issued in July 2004 and closed on Augus'!: 4, 2004, The to'[~l Droiect cost is estimated to be ~cu, ~4... with ~ ~oliion of that Upon careful examination of aii ·tenders, and reievant documents received the Operations & ,Emergency se~icos 'Department, Municipal Property & EnDineering .Division recommends the iow' bid Tender No. T-5-2004 Submitted by Dolor Contracting Ltd. in the amount of .~26~,a91 ,~aS~ extra) and that the net total nrni~.nf cost O~ ,'/o, ~j be approved. This r. eport has .been prepared in conjunction with the Manager.of Supply & Services who concurs with'the foregoing. 'Upon your approval for this project, we Will proceed with an on-fine requisition and issue the Contractor a purchase order to commence construction. if you require any further information or clarification, please contact me at your convenience. AAachments: Location Map Record of Tenders Opened and Checked Supply & Services Memorandum Prepared By: Approved/~, ,.~/¢ / Everett Bunts~a/ ~)lFecto~' Operations & :m~rr,~r,m/ Services O$3 City of Picketing Pickering Civic Compie×' Or~e The Esplanade Pickerir~g, Ontario L'IV 6K? Dear Darrell: tn response to your fax of August '1 , 2004 regardin9 the St. Mary Catholic SchOol '[rack, please note that I do r~ot see difficulty with our Board's contribution. Th~nk you for the opportunity .to review this material. Yc~urs truly, David J. Vi'sser, H,B.B.A., Superintendent of Business Sen, ices O$4 LOCA!ION PLAP w7 To: From: Subject: Richard Holborn Division Head Municipal Property & Engineering Darrell Selsky Supervisor, Municipal Works Vera A. Fetgemacher Manager, Supply & Services Tender for St. Mary's Running Track Tender No. T - 5 - 2004 Closing: Wednesday, August 4, 2004 2:00pm Tenders have been received for t.he above project, sixteen (16) companies were invited to participate. ;An advertisement was placed in the Daily Commercial News, News Advertiser Community Page and on the City's Website all of which .yielded interest from additional bidders, Thirteen (13) bidders picked"up tendering documents for a non-refundable fee of $25,00 per set of which six ((3) have responded by the closing date and time. A copy of the Record of Tenders Opened and Checked used at the public tender oPening is attached. Purchasing Procedure No, PUR 010-00I item 10.03 (r) provides checking tendered unit price's and =,. = ~' ~. ' . ...,t..n.,~on~, unit prices sP,,all govern and exlensions vvil[ ~,e corrected.accordingly, which has been done. ,Ali d-~',r,,',~;+~ ..-.:,-+ ..... '" [ t'~'~' bidders n-ia'~, be returned K> the appiicabie bidd=m as provided for ,., ,'~,:,z..,,, - ....... ~tem O8? j ~a~ar uon~racting. Ltd, 287.285,64 M~Pal construction 306~34:1.00 ~ ~rest Contractor~ 288,569.~;4 , 316,993.92 Pi.9 Co.n..t nternational Ltd. '360,109.57 · Burlington Paving Company Limited Rejected: Tendering deposit not Warren Bitulithic Ltd. 306,341 .O0 $t6,g8'~.08 360,109.57 provided.' Referenoe: lB' 17, '18, 19, TS t, 2, 3, PUR. 010:001., t0.04 Item 9'(c) ', · Rejected: Bid bond insufficient. Reference: '!'B'I7, 18, 19, TS 3, PUR '010-001.,10.04 Item 9(d) 1 Unable to bid UnabLe to bid · Montgomery MacEwen Contracting Limited /' Reyalcrest t~aving &"Contracting Ltd. ' Pursuant to Information to Bidders'Item 21, the following are being requested of the low bidder for your review during the evaluation stage of this tender Call: a) A copy of the Health & Safety Policy to be used on this project;' 'A copy of the current Cost and .Frequency Report issued by Workplace' Safe'b., & insurance Board (in lieu of the Cost and Freuuency document, copy of ~.-~,., or MAP reports ma~¢ be sub~i~ed): Auc:ust~, ': 2004: Page 3 Please review the copies of the bids. include the following items in your Repo~ · to Council: (o) (d) (e)' (a) if items (a) through (c) noted above, are acceptable to the Safety & Training Co-ordinator; (b) any past work experience Dolor Construction Limited 'including work location; Without past work experience, if reference information is aoceptabtb; the appropriate account number(s) to'which this work is to be charged; the budget amount(s) assigned thereto; TreasuCer's confirmation of funding - including refere.nde to Debt Financing (g) relal~ed departmental approvals; '(h)any reasOn(s) why the iow .bid .of Dolor Construction Limited is not acceptable; (i) and related~:comments specific to the project. .White reviewing the reference provided by Dater COntracting Limited on page RS-l, note the reference information was requested 'within the .tendering document as follo, ws to consider in your evaluation: Information to Bidders Item 8 which includes: - provide the three (3). princ, ipal projects of similar size and value your company is presently working on or has completed in the immediate past five years. Reference Summary, which includes: - list and provide details of the last three (3) MuniciPal projects your company has completed. If you r=~' ~ir= fu,,iher informatior; please feel free ' ""'- ~ ,- , , , ~oL, on~a,,t me MEMORANDUM June 28,2004 To: Thomas J. Quinn Chief Administrative Officer SUPPLY AND SERVICES Fro m: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Fire Services Division Capital Project Code 04-2240-001-02, Account 6157 Vehicles An amount of $30,000 has been provided in the 2004 Capital Budget for the replacement of a 1984 vehicle for Fire Prevention. Purchasing Policy requires that formal quotations be obtained for this dollar value. Attached please find correspondence from the Fire Services Division to Everett Buntsma, Director, Operations & Emergency Services requesting approval for the purchase of two (2) Chevrolet Cavaliers from Sheridan Chevrolet Oldsmobile. Please refer to the correspondence for information related to this request, noting Everett's commentary. To best serve Fire Prevention Services expeditiously for the reasons provided, your concurrence and approval is requested. I have approved it as Treasurer. If you are in agreement with the foregoing, please provide your approval to: accept the informal quotation from Sheridan Chev-Olds for' two (2) Cavaliers in the amount of $13,963 each plUs applicable taxes and license; proceed without calling formal quotations for this purchase; and permit two (2) vehicles to be purchased instead of one (1) vehicle as outlined in the 2004 Capital Budget. Thank you for your assistance, If you require further information, please feel free to contact rne Giliis A~ Paterson Date: To: From: Operations & Emergency Sen~'ices Fire Se,wices Division Memorandum June 16, 2004 Bill Douglas Fire Chief Rex Heath Fire Prevention Officer 'SUPPLYAND ...... Re: "Proposal to purchase two new vehicles for Fire Prevention" Proposal for the purchasing of two new vehicles for Fire Prevention By Rex Heath, Fire Prevention Officer Purpose: Increase profesSional appearance of personnel in Fire Prevention - Provide reiiable transportation for staff members thus eliminating the costs associated with individuals using their own vehicles for work. ,, Streamlines the avaiiabiiibj of vehicles for all Fire Prevention Staff. Some ~i.,~ Prevention "'¢ '"~ .... ~a~ =,,~ required to prov,de vehicles at their provides ~ ce~ain amount of unoe~ia[nty for the employee and may force them ~nto out of pocket expenses norm~]iy not coverec: in the Purchase a new truck with capaci~i to car~dtranspo,~ staff members teaching materials, fire scene evidence etc. The truck would be similar.to a short box Mazda or Nissan truck and be equipped with the following equipment. Power steering and brakes Automatic transmission Air Conditioning Extended cab with rear storage area AM/FM Radio Rear cap over the rear of the truck, primarily for protection of both the bed liner and materials being transported/carried. Opt)on'"B' PUrchase two new cars with the capacity to carry/transport staff members, .teaching materials. The cars would be either base model four-door Chevrolet Cavaliers or Pontiac Sun fires and be equipped with the following equipment. Power steering and brakes Automatic transmission Air Conditioning AMtFM R~adio O92 Two new ',¢~,,t..t....=-".'-- ¢~. would n-tesr~ ~'~u~, ~)' ever/one Jr; Fire Preventior~ would have their own vehicie, and not have to reh! on prc~vidin9 their own vehicle or arranging their work scheduled around the availability of vehicles in the division, b) portray a professional image of the Pickering Fire Service. A new truck would increase the flexibility of the division by allowing us to transport a) the fire pan for live fire extinguisher training b) teaching materials in a method causing !ess back strain c) remove articles from fire scenes without contaminating the environment (while driving) of staff. Cos~ ¢004 Pontiac Sunfire ~2004 Chevrolet Cavalier 2004 Mazda B Series Truck 2004 Nissan Truck (.,~ $16,062.55 including taxes, copy $13,963.00 excluding taxe~, $29,583.75 including taxes, copy attached $28,340.60 including taxes, copy attached Please Note: That if the vehicles are not ordered soon the colour "white" may not be an option for the Picketing Fire Service. 'Our preference is that ali vehicles in the division be the same color as ~he remaining vehicles. May 27, 2002 TO: FROM: SUBJECT: CLERK'S DIVISION Ivr~MOI[L~NrD~JM Tom Qi Chef Ad~trafive Officer Gff Paterso~ Dkector, Co.orate Ser-~ces & Tream,~er Bmee Taylor, Clerk Refe=~ ~om Counc~ Meet~g of May 21, 2002 Please be advised that the Council of the City of Pickering passed Resolution #80/02, Item #4, at the Council Meeting of May 21, 2002, as follows: That Report to Council CAO 04-02 seeldng'authorization by the Chief Administrative Officer to act in Council's approval capacity on behalf of Council during any recess, break or absence of City Council be received; and That subject to the Council approved Purchasing Policy & Procedure, the Chief Administrative Officer be authorized to act in Council's approval capacity on behalf of Council during any recess, break or absence of City Council on the condition that: a) such actions are in compliance with the Purchasing Policy & Procedure as approved under Resolution 136/01; and b) the costs thereof are within the budget previously approved by Council; and c) a report respecting those approvals is subsequently submitted to Council. 3. That appropriate officials of the City of Picker:rig be authorized to give effect 'thereto. // · Druce Tavk>r ~T:dki Copy: T,J, Quffm~ C~efAd~mJiliStraziw: Officer ~CrER-DEP~T~NTAL MEMORMgDUM CLE~ S DB,~S~ON :. DATE: TO: FROM: June 6, 2000 G. Paterson Director, Corporate Services & Treasurer Bruce T~ylor City Clerk JUN 0 ~ 2000 CORPORATE SERVICES Please be advised that the Council of the City of Pickering passed Resolution 85/00, Item #1 at the Council Meeting of June 5, 2000, as follows: That Report to Council CS 12-00 regarding authority for the Director, Corporate Services & Treasurer to recommend project financing approval during recesses of Council be received, and The Director, Corporate Services & Treasurer be authorized to recommend and approve project financing to the Mayor and Chief Administrative Officer for projects contained in the annual capital budget or current budget, during recesses of City Council; and That appropriate officials of the City of Pickering be authorized to give effect thereto. This resolution is sent to you for your information_. Bruce TaVior; City Cierk O95 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Mayor Ryan be authorized to make the following proclamations: "Waste Reduction Week"- October 18 - 24, 2004 "Child Care Worker & Early Childhood Educator Appreciation Day" - October 27, 2004 RCO Recycling Conncil ef Ontario mmsb Wast, Reduction Week in Canada October 18-24, 2004 September 10th, 2004 Dear City Clerks/CAO's, I Semaine canadienne de r duction des d chets SEPt ? ltlO4 CITY OF PICKERING PICKERING, ONTARIO 18 au 24 octobre, 2004 Page 1 of 2 The Recycling Council of Ontado along with its partner organizations from across Canada is proud to celebrate Waste Reduction Week (WRW) in Canada. This annual event is intended to raise public consciousness about waste and its environmental and social ramifications. During October 18 - 24m, 2004 the theme "Too Good to Waste" will be promoted throughout schools, businesses and municipalities. WRW in Canada informs and engages Canadians through the distribution of promotional posters and resource kits and an interactive website. Through these materials, participants are provided with specific facts and statistics on wasteful practices as well as practical activities to help them contribute to waste free living. The Recycling Council of Ontario is asking for each municipality to support our continual effort to educate the public about waste reduction. The RCO is respectfully asking your council to declare the week of October 18 - 24t~, 2004 Waste Reduction Week in Canada in your community. A proclamation from your council will significantly increase the profile of Waste Reduction Week. Please place this request on your next council meeting agenda. A sample proclamation is available for viewing on the website; www.wrwcanada.com, one has also been included for you with this letter. All proclamations collected throughout Canada will be listed on the website. This will help to raise your municipality's environmental profile and show support on a national front for waste reduction. Proclamations will be accepted by mail and as a facsimile. Please send to: Recycling Council of Ontario Attn: Nicole Parsons 51 Wolseley Street, 2"d floor Toronto, ON M5T 1A4 o._r Fax: 416-960-8053 If you have any questions, contact me at 416-657-2797 ext.5 or wrw~rco.on.ca. Please visit the Waste Reduction Week in Canada web site at www.wrwcanada.com. inv® n~ Champion Sponsors Tetra Pak ~1~~,, Ontario Division Canadian Union of Public Employees 305 Milner Ave., Suite 801, Scarborough, ON M1B 3V4 Tel: 416 299 9739 · Fax: 416 299 3480 · E-maik cupeont@web.net September 16, 2004 ,~~[-~' ~[~ ~~0~~~~.F.p ~ [1 To Mayors and Councils, CITY OF PICKr=RING PICKERING, ONTARIO We are writing to ask that you and your Council once again endorse a day of recognition for the many people who work providing care to children in your community. Last year you were one of over eighty municipalities that proclaimed this day of appreciation making it such a success. The Ontario Coalition for Better Child Care (OCBCC), The Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that this year Wednesday October 27th 2004 be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. This benefit comes from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. To help us to promote this day we would also like to ask your Council to provide financial support 'for public announcements, for example advertising the day on the side of city buses or other means your Council uses to reach out to the public and we are happy to provide artwork to facilitate this process. We hope that with your active support your proclamation of this day of recognition will encourage and support a day of community recognition for child care workers. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 27th. Thank you for your consideration. Patrick (Sid) Ryan President, CUPE Ontario Yours sincerely, Shellie Bird Co-President, OCBCC COPE 49 l:mp (PP) "ONE STRONG VOICE" Patrick (Sid) Ryan Brian O'Keefe Presider~t Secretary-Treasurer Annual Child Care Worker & Early Childhood Educator Appreciation Day October 27, 2004 Whereas thirty years of research confirms the benefits of high quality child care for young children's intellectual, emotional, social and physical development and later life outcomes; and Whereas child care promotes the well-being of children and responds to the needs of parents, child care workers and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and Whereas recent studies clearly show trained and knowledgeable Early Childhood Educators and child care workers are the most important element in quality child care, and further that good wages and working conditions are associated with higher job satisfaction and morale, lower staff turnover all of which predict higher quality care Therefore Be It Resolved that October 27, 2004 be designated the 4th annual "Child Care Worker & Early Childhood Educator Appreciation Day" in recognition of the influence, dedication and commitment of child care workers to children, their families and quality of life of the community.