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HomeMy WebLinkAboutDecember 12, 2005PICKER1NG Executive Committee Meeting Agenda Monday, December 12, 2005 7:30 pm Chair: Councillor McLean (I) ADOPTION OF MINUTES Meeting of November 28, 2005 PAGE 1-8 (11) 1. MATTERS FOR CONSIDERATION Director, Planning & Development, Report PD 41-05 Building Code Statute Law Amendment Act (Bill 124) Enactment of new building by-law to implement legislated requirements New fees for planning and building permit applications That Report PD 41-05 of the Director, Planning & Development, the Director, Corporate Services & Treasurer and the Chief Building Official be received and that the by-law set out in Attachment #1 to Report PD 41-05 to establish a new building permit process and fees be forwarded to City Council for enactment; such by-law to be effective January 1, 2006. That the By-law set out in Attachment #2 to Report PD 41-05, to amend the City's General Fees and Charges By-law as it applies to planning application fees, be forwarded to City Council for enactment; such by-law to be effective January 1, 2006. That the City Clerk forward a copy of Report PD 41-05 to the Toronto and Durham Homebuilders Associations and Urban Development Institutes. Director, Planning & Development, Report PD 47-05 Pickering Official Plan - New Consolidation (Edition 4) -Informational Revision 12 (Housekeeping Matters) That Council receive Report PD 47-05 regarding Informational Revision 12 (Housekeeping Matters) for inclusion in Edition 4 of the Pickering Official Plan for information; and 2. That Council adopt Informational Revision 12, as set out in PAGE 9-86 87-107 Executive Committee Meeting Agenda Monday, December 12, 2005 7:30 pm Chair: Councillor McLean Appendix I to Report PD 47-05, for inclusion in Edition 4 of the Pickering Official Plan. Director, Planning & Development, Report PD 48-05 Release of Subdivision Agreement from Title Release and Abandonment of Easement Lots 162 to 167, Plan 40M-1466, Pickering File: D0805 108-110 That the Mayor and City Clerk be authorized to execute, for the purpose of registration: Release of the Subdivision Agreement registered as Instrument LT323412 from title as it relates to Lots 162 to 167, Plan 40M-1466; and Release and Abandonment of Easement registered as Instrument LT404424 relating to those parts of Lots 162 to 167, Plan 40M-1466, being Parts 8 to 13, Plan 40R-10283. Director, Operations & Emergency Services, Report OES 41-05 Stop Control By-law - Amendment to By-law 2632/88 - Rosebank Road at Granite Court - File: A-2130-001-05 111-120 That Report OES 41-05 regarding a proposed amendment to the Stop Sign By-law 2632/88, be received; and That the attached draft by-law be enacted to amend Schedule 'A' to By-law 2632/88 authorizing the erection of stop signs at the intersection of Rosebank Road at Granite Court. Director, Operations & Emergency Services, Report OES 42-05 Don Beer Arena Snack Bar Concession Lease Renewal - Pickering Hockey Association File: A-2130-001-05 121-122 That Report OES 42-05, of the Director, Operations & Emergency Services, be received; and PICKER1NG Executive Committee Meeting Agenda Monday, December 12, 2005 7:30 pm Chair: Councillor McLean That the Mayor and the Clerk be authorized to execute a renewal Concession License Agreement to permit the Pickering Hockey Association to continue to operate a snack bar concession facility at Don Beer Arena from January 1, 2006 to April 30, 2009 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Director, Operations & Emergency Services, Report OES 43-05 Pickering Recreation Complex Area Snack Bar Concessions File: A-2130-001-05 123-125 That Report OES 43-05 of the Director, Operations & Emergency Services, be received; and That the Mayor and Clerk be authorized to execute a renewal Concession License Agreement to permit Beverly and Ron Ireland to continue to operate snack bar concessions facilities at the Pickering Recreation Complex (Arena Only) from January 1, 2006 to April 30, 2009 that is in the form and substance acceptable to the Director. Operations & Emergency Services and the City Solicitor. Director, Operations & Emergency Services, Report OES 44-05 Don Beer Arena Pro Shop File: A-2130-001-05 126-127 That Report OES 44-05 of the Director, Operations & Emergency Services, be received; and That the Mayor and the Clerk be authorized to execute a renewal Pro Shop License Agreement to permit Sun-Glo Marketing to continue to operate a Pro Shop facility at Don Beer Arena from January 1,2006 to April 30, 2009 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. PICK I I IN{5 Executive Committee Meeting Agenda Monday, December 12, 2005 7:30 pm Chair: Councillor McLean o Director, Operations & Emergency Services, Report OES 37-05 Pesticide Use File: A-2130 128-136 o That Report OES 37-05 of the Director, Operations & Emergency Services regarding Pesticide Use, be received; That the City of Pickering staff annually review the effectiveness of educational programs pertaining to pesticides and their use and investigate the potential for further development of community awareness; and That the City of Pickering staff continue to investigate and evaluate alternative options to pesticides for pest control on municipal properties. Director, Corporate Services & Treasurer, Report CS 92-05 The New Deal for Cities and Communities Federal Gas Tax Revenue 137-170 That Report CS 92-05 from the Director, Corporate Services & Treasurer, be received; a) That the Mayor and City Clerk be authorized to execute the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities with the Association of Municipalities of Ontario in order to facilitate the transfer of gas tax revenues from the Government of Canada to the City of Picketing for 2005; b) That the attached By-law be read three times and passed; a) That Council authorize and approve the establishment of the Federal Gas Tax Reserve Fund; b) That the attached By-law be read three times and passed; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. PICKER1NG Executive Committee Meeting Agenda MOnday, December 12, 2005 7:30 pm Chair: Councillor McLean 10. Director, Corporate Services & Treasurer, Report CS 95-05 Petition from Residents Surrounding 185 White Pine Crescent That Report CS 95-05 of the Director, Corporate Services & Treasurer, concerning a petition from residents surrounding 185 White Pine Crescent, be received for information. 171-175 11. 12. Director, Corporate Services & Treasurer, Report CS 96-05 Solemnization of Marriages 1. That Report CS 96-05 of the Director, Corporate Services & Treasurer be received; 2. That the City Clerk and Deputy Clerk be authorized to provide civil marriage solemnization services; 3. That the fee for the civil marriage service be set at $250.00; 4. That the service be monitored for a six month period with a further report to Council; 5. That a by-law be forwarded to Council authorizing the performance of civil marriages for the City of Pickering; and 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Director, Corporate Services & Treasurer, Report CS 90-05 2006 Interim Spending Authority 1. That Report CS 90-05 from the Director, Corporate Services & Treasurer be received; 2. That the 2006 Interim Operating Expenditures be approved at 50% of the prior years' budget including adjustments as contained in Attachment 1 and 2, pending approval of the formal 2006 Current Budgets by Council; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 176-178 179-183 Executive Committee Meeting Agenda Monday, December 12, 2005 7:30 pm Chair: Councillor McLean 13. 14. Director, Corporate Services & Treasurer, Report CS 94-05 - Consolidated Municipal Traffic & Parking By-law - Repeal of By-laws 2359/87, 55/74, 3604/90, 2632/88, 1835/84, 2366/87, 6181/03, 1684/83, 6300/04, 1660/83 That Report CS 94-05 from the Director, Corporate Services & Treasurer regarding a proposed consolidated traffic and parking by-law be received; That the attached draft by-law be enacted to provide for the regulation of parking, vehicular and pedestrian traffic on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering and on private and municipal property; and That the appropriate officials of the City of Pickering be given the authority to give effect thereto. Director, Corporate Services & Treasurer, Report CS 97-05 Appointment of Deputy Mayor 184-203 Under Separate Cover (111) OTHER BUSINESS (IV) ADJOURNMENT Executive Committee Meeting Minutes Monday, November 28, 2005 8:00 pm Chair: Councillor Johnson 001 PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn N. Carroll G. Paterson D. Bentley D. Shields - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Deputy Clerk (11) ADOPTION OF MINUTES Moved by Councillor Brenner Seconded by Councillor Dickerson Meeting of November 14, 2005 CARRIED DELEGATIONS Nathalie Karvonen, Executive Director, Toronto Wildlife Centre addressed the Committee concerning their work within the City of Pickering and requested a grant in the amount of $6,500.00 to assist the organization in providing Wildlife Services in Pickering. She also noted that the organization could assist the City with their wildlife concerns through a fee for service agreement and noted they were willing to further discuss this process with the City. -1- 00, Executive Committee Meeting Minutes Monday, November 28, 2005 8:00 pm Chair: Councillor Johnson (111) MATTERS FOR CONSIDERATION Director, Planning & Development, Report PD 44-05 Draft Plan of Subdivision Application SP-2004-05 Zoning By-law Amendment Application A 13/04 Weldon Lands Inc. on behalf of the Estate of A. Tyas 542 Kingston Road Block B, Registered Plan 473 and Part Lot 30, Range 3, B.F.C. City of Pickerinq Richard Weldon, the applicant, appeared before the Committee in opposition to the revised recommendations. Mr. Weldon stated that this was the first time he had heard of this revised plan and noted that he thought there had been an agreement on the plan he had submitted. He stated that he had in his opinion completed everything he could possibly do to satisfy the City and the residents in the area. He noted that he had tried to work with everyone for the last 15 months and did not wish to go to the OMB to try and work things out. Mr. Weldon noted that he just couldn't support the revised plan. Bruce Foster, 492 Lightfoot Place, Pickering, appeared before the Committee as a representative for the Lightfoot Place, Rosebank Road and Steeple Hill residents. Mr. Foster noted that they were in support of the revised recommendations and noted that the plan would blend well with the existing neighbourhood. Ellen Adams, 1411 Rosebank Road, Pickering, appeared before the Committee in support of the revised plan. She stated that the previous plan would have created a wall of townhouses because of the height and width of the lots. Mrs. Adams stated that they thought they had an agreement 9 months ago but it now appeared that nothing came of the discussions. She stated that she felt the northern portion of the property should be single family homes. John Newall, 529 Steeple Hill, Pickering, appeared before the Committee in opposition to the development. He noted that there should be no more houses built in Pickering due to environmental concerns and stated that he felt this area should be used for retail. He also noted that when trees are taken down they should be replaced with mature trees and the housing development should have a green canopy coverage and if the houses are any higher then 9 metres this could not happen. -2- PICKE! ,,IG Executive Committee Meeting Minutes Monday, November 28, 2005 8:00 pm Chair: Councillor Johnson 003 Moved by Councillor Brenner Seconded by Councillor Dickerson That Draft Plan of Subdivision Application S-P-2004-05 submitted by Weldon Lands Inc. on behalf of the Estate of A. Tyas, on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., City of Pickering, to permit the development of a plan of subdivision, be APPROVED, subject to the conditions outlined in Appendix I to Report PD 44-05, as amended as follows: Condition 1.1 be revised as follows: 1.1 That this recommendation apply to the draft plan prepared by David Horwood Ltd., dated October 25, 2004, Project Number 6239, for Draft Plan of Subdivision Application S-P-2004-05 submitted by Weldon Lands Inc., on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., City of Pickering, to permit a development block for 22 townhouse dwelling units and 12 detached dwellings. That Zoning By-law Amendment Application A 13/04 submitted by Weldon Lands Inc. on behalf of the Estate of A. Tyas, on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., City of Pickering, to establish performance standards to permit the development of detached dwellings and townhouse dwelling units, be APPROVED, generally in accordance with the following conditions: That the implementing zoning by-law: (a) permit the establishment of townhouse dwelling units in accordance with the following provisions: (i) maximum of 22 townhouse dwelling units; (ii) townhouses are restricted from lands that abut existing detached dwellings (iii) maximum building height of 12.0 metres for townhouses; (iv) minimum front yard depth of 2.5 metres from Kingston Road; (v) minimum east side yard width of 1.5 metres for townhouses; (vi) minimum unit width of 5.0 metres; (vii) maximum of one dwelling unit per lot; 3 O04 Executive Committee Meeting Minutes Monday, November 28, 2005 8:00 pm Chair: Councillor Johnson (viii) (ix) (x) (xJ) minimum two private parking spaces per dwelling unit, which can be provided by either two parking spaces within an attached garage, or one parking space in an attached garage and one parking space in a drive way immediately in front of the parking garage for that dwelling unit; minimum of 12 visitor parking spaces; uncovered steps and platforms not exceeding 2.0 metres in height shall be permitted to project a maximum of 1.5 metres into a required rear yard; that all townhouse dwelling units shall front onto a private road/driving aisle. (b) permit the establishment of detached dwelling units in the northern and western portion of the site in accordance with the foliowing provisions: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) maximum of 12 detached dwelling units; maximum building height of 2 storeys and 9.0 metres; minimum front yard depth of 2.5; mimmum rear yard depth of 7.5 metres; minimum lot frontage of 7.5 metres; maximum of one dwelling unit per lot; minimum interior dwelling unit separation of 1.5 metres; minimum two private parking spaces per dwelling unit, which can be provided by either two parking spaces within an attached garage, or one parking space in an attached garage and one parking space in a drive way immediately in front of the parking garage for that dwelling unit; uncovered steps and platforms not exceeding 2.0 metres in height shall be permitted to project a maximum of 1.5 metres into a required rear yard; that all detached dwelling units shall front onto a private road/driving aisle. CARRIED 4 Executive Committee Meeting Minutes Monday, November 28, 2005 8:00 pm Chair: Councillor Johnson 005 (2) (3) Director, Planning & Development, Report PD 46-05 Zoning By-law Amendment Application A 20/05 Gabriela Kepinski 1895 Clements Road Part of Lot 17, B.F.C., Range 3 (Durham Condominium Plan 112, Level 1, Unit 161) City of Pickerinq Moved by Councillor Dickerson Seconded by Councillor McLean That Zoning By-law Amendment Application A 20/05, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 46-05, to amend the existing zoning on the subject lands to add a body rub parlour as a permitted use on lands being Part of Lot 17, B.F.C. Range 3, (Durham Condominium Plan 112) City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 20/05, as set out in Appendix I to Report PD 46-05, be FORWARDED to City Council for enactment. CARRIED Director, Corporate Services & Treasurer, Report CS 86-05 Cash Position Report as at September 30, 2005 Moved By Councillor Dickerson Seconded by Councillor McLean That Report CS 86-05 from the Director, Corporate Services & Treasurer concerning the Cash Position Report as at September 30, 2005, be received for information. (4) CARRIED Director, Corporate Services & Treasurer, Report CS 89-05 2006 Temporary Borrowing By-law Moved By Councillor Dickerson Seconded by Councillor McLean 5 Ci~q o~ ~ Executive Committee Meeting Minutes Monday, November 28, 2005 8:00 pm Chair: Councillor Johnson (5) That Report CS 89-05 from the Director, Corporate Services & Treasurer, be received; o That the temporary borrowing limit to meet 2006 current expenditures pending receipt of taxes and other revenues be established at $27,000,000 for the period January 1, 2006 to September 30, 2006 inclusive, and $13,500,000 thereafter until December 31, 2006; That the temporary borrowing limit for capital purposes for 2006 be established at $17,000,000; 4. That the attached by-law be read three times and passed; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CARRIED Director, Corporate Services & Treasurer, Report CS 88-05 Ontario Transit Vehicle Program -2005 Request for Allocation of Funds Moved By Councillor Dickerson Seconded by Councillor McLean 1. That Report CS 88-05 be received for information; and That Council approve the application for Provincial subsidy funding as directed in the Ontario Transit Vehicle Program (OTVP) guidelines for 2O05; ° That Council approve the (OTVP) application for the eligible expenditures as approved in 2005 APTA Budget and the Director, Corporate Services and Treasurer be authorized to make any changes to the OTVP application or undertake any actions necessary in order.to ensure the application process is complete; and -6- Executive Committee Meeting Minutes Monday, November 28, 2005 8:00 pm Chair: Councillor Johnson 007 (v) o That the appropriate officials of the City of Pickering and the Aiax Pickering Transit Authority be given authority to give effect thereto. CARRIED OTHER BUSINESS Councillor McLean gave notice that he would be introducing a motion on Regional Council Composition at the next regular meeting of Council. Moved by Councillor Pickles Seconded by Councillor Brenner 2. The following matters were considered prior to the regutar meeting: That Council move into a closed meeting of Committee in order to discuss a matter subject to litigation or potential litigation, including matters before administrative tribunals, affecting the City; the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, a proposed or pending acquisition or disposition of land for City purposes. CARRIED Refer to the 'Closed' minutes of Council dated November 28, 2005. Moved by Councillor Pickles Seconded by Councillor Brenner That Committee rise and ratify the actions taken at the 'In Camera' session. CARRIED a) Correspondence dated November 23, 2005 from Matthew L. Gaskell, Region of Durham, to the Chief Administrative Officer with respect to Durham Region Transit - agreement and bill of sale of transfer of buses was received for information. b) Correspondence dated November 23, 2005 from Ted Galinas, Durham Region Transit Commission to the Chief Administrative Officer with respect to Durham Region Transit - Garbage Pick Up at Transit Stops. -7- 008 Executive Committee Meeting Minutes Monday, November 28, 2005 8:00 pm Chair: Councillor Johnson (VI) ADJOURNMENT The meeting adjourned at 10:30 pm. -8- PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 41-05 Date: December 1, 2005 009 Nail Carroll Director, Planning & Development Gillis A. Paterson Director, Corporate Services & Treasurer Tim Moore Chief Building Official Subject: Building Code Statute Law Amendment Act (Bill 124) Enactment of new building by-law to implement legislated requirements New fees for planning and building permit applications Recommendation: It is recommended that Report PD 41-05 of the Director, Planning & Development, the Director, Corporate Services & Treasurer and the Chief Building Official be received and that the by-law set out in Attachment #1 to Report PD 41-05 to establish a new building permit process and fees be forwarded to City Council for enactment; such by-law to be effective January 1, 2006. That the By-law set out in Attachment #2 to Report PD 41-05, to amend the City's General Fees and Charges By-law as it applies to planning application fees, be forwarded to City Council for enactment; such by-law to be effective January 1, 2006. That the City Clerk forward a copy of Report PD 41-05 to the Toronto and Durham Homebuilders Associations and Urban Development Institutes. Executive Summary: Bill 124 revises the Building Code Act and establishes new building permit administration requirements. The required permit processes and staff qualifications are substantially in place to meet the requirements of the legislation. A new building by-law must be enacted to implement a number of provincially required changes. It is important that Council be fully aware of the City's building permit processing obligations under Bill 124, in order to respond to any inquiries which may arise from the development community and the public. Report PD 41-05 Subject: Bill 124 and Planning Application Fees Date: December 1, 2005 Page 2 Bill 124 requires stricter management of building permit revenues. These rules mean that the City will not be able to fund planning services or any other programs through building permit fees. In order to ensure the City's fees comply with the new legislation and take into account these future restrictions, C.N. Watson was retained to undertake a comprehensive analysis of all Planning & Development service costs, fees and legislative requirements. The undertaking of this consulting report was approved by Council in the 2005 Current Budget. C.N. Watson recommends a small increase in building permit fees to increase the amount of reserve funding and substantial increases in some planning fees to bring planning revenues closer to actual costs. Financial Implications: Financial matters associated with building permits and planning applications are addressed in detail in the consolidated Development Applications Approvals Process (DAAP) fee report prepared by C.N. Watson, which is attached to this Report (see Attachment #6). Building Permit Fees and Costs Bill 124 requires that permit fees not be used to support other programs. The analysis conducted by C.N. Watson concluded that the City's current building permit fee rates are generally appropriate when compared to the overall costs of administering permits and enforcing the building code. A nominal increase in some building permit fees is set out in the revised building by-law, as recommended by the consultant, in order to establish the appropriate reserve fund authorized in the legislation. Some minor administrative fees have also been prescribed to cover additional costs associated with repeat plan examinations and inspections where design and construction does not comply with the building code. As a result of these amendments, building permit fees, during periods of normal volume, will be sufficient to cover all current direct and indirect costs associated with administering permits and enforcing the building code. Planninq Application Fees and Costs The analysis conducted by C.N. Watson concluded that the City's current planning application fees are insufficient to support the costs of processing these applications. As a consequence, a substantial portion of these costs are being borne from general revenue sources, including building permit fees. Substantial increases in planning fees are necessary in order to closely reflect the actual costs associated with processing these applications. The fees for some minor application types are being maintained substantially below processing costs. As a result of these amendments, planning application fees, during periods of normal volume, will be sufficient to cover a more substantial portion of the direct and indirect costs associated with processing planning applications. Due to limited development volumes, the increase in planning revenue in 2006 is expected to be modest. Report PD 41-05 Subject: Bill 124 and Planning Application Fees Date: December 1,2005 0 J_ :IL Page 3 BILL 124 AND THE BUILDING BY-LAW: 1.0 Changes in Building Legislation Significant changes have been made to the building regulatory system in Ontario with the introduction of the Building Code Statute Law Amendment Act, 2002 (known as Bill 124) and associated amendments to the Ontario Building Code. Most of the changes are scheduled to come into effect on January 1, 2006 and require that municipalities revise their building permit administration. Some of these matters must be set out in a by-law. Pickering developed the by-law attached to this Report in consultation with Whitby, Clarington and Oshawa, in order to promote a more consistent building permit process across the Region. It is now being adopted in most of the municipalities in Durham Region. New requirements prescribed by the legislation are: · new service delivery options for municipalities through the inspection bodies, known as registered code agencies (RCAs); · mandatory qualification for building officials (chief building examiners and inspectors); · a Code of Conduct for building officials; · mandatory qualification, registration and insurance for design firms and RCAs; · mandatory use of a provincial building permit application form; · a new list of applicable law that a chief building official must consider before issuing permits; · new rules governing building permit fees; · mandatory timeframes for building permit decisions; · mandatory notices and inspections at key construction stages; · defined roles for every person involved in building design, approval and construction; · new measures to support innovation including binding Minister's interpretations and Minister's rulings; use of private officials, plan 1.1 Consequences of the Legislation The intent of Bill 124 is to improve public safety and increase efficiency in building code enforcement. It arose principally out of concerns from the development sector that some municipalities, in growth areas, were taking too long to issue building permits and were collecting substantial building permit fees and using the revenue to fund other municipal programs. The qualification and conduct provisions of the legislation will result in increased building code knowledge and greater diligence by building officials in enforcing the Act, which is likely to result in increased public protection. This increased diligence in enforcement, however, is unlikely to increase the efficiency of the building permit process. Other aspects of the legislation add some additional complexity and structure to the application process, which will also create efficiency challenges. Report PD 41-05 Subject: Bill 124 and Planning Application Fees Date: December 1, 2005 Page 4 In general, despite laudable goals and some beneficial aspects, Bill 124 is unnecessarily broad in its reach and overbearing in its application, and may not result in the achievement of all the intended goals. The practical consequences of Bill 124 to the City are: · increased application requirements, due to designer qualification requirements, and new application forms, information and filing requirements; · decreased flexibility in responding to permit demands, due to the requirement that all plan review and inspections be conducted only by persons qualified and registered with the Ministry in the specific category the application falls into; · increased municipal responsibility in policing designer qualifications; · increased need for detailed supervision and monitoring of permit applications in order to meet provincially imposed time deadlines; · increased demands on human resources, due to the need to efficiently recruit qualified and registered staff to fill any necessary building positions; · increased financial management and reporting requirements; · elimination of the ability to use permit fees to fund planning services; 1.2 Registered Code Agencies Bill 124 permits municipalities to contract out their building code enforcement obligations to Registered Code Agencies (RCAs). RCAs must be qualified according to building official standards and registered with the Ministry in order to undertake plan reviews and inspections. RCAs are also required to obtain and maintain insurance coverage and submit detailed quality management plans to the Ministry. To retain the services of an RCA, the municipality must enter into a written agreement with a qualified agency and formally appoint them. RCAs are a necessary option for municipalities in areas subject to occasional complex applications, where it would not be practical to retain full time qualified staff, or where volume fluctuations necessitate private sector resources to deliver permits within provincial timeframes. In most developed areas with qualified municipal staff they may not be necessary. The pool of available Ministry qualified RCAs is currently very limited or non-existent. It is not anticipated that the City will need to retain RCAs at this time, however it is prudent to provide for this option should circumstances change. The by-law delegates the authority of entering into agreements and appointing RCAs to the Chief Building Official, should it become necessary. Should this option be considered in the future, notice would have to be given to CUPE 129. Report PD 41-05 Subject: Bill 124 and Planning Application Fees Date: December 1,2005 Page 5 013 1.3 Mandatory Qualification of City Building Officials Beginning January 1, 2006, the chief building official, deputy chief building official, all plan examiners and inspectors must have obtained Provincial qualifications in order to work in this capacity for the City. There are 12 categories of qualification examination for inspectors in the new regulations. Staff have successfully become qualified in all necessary technical and legal areas which apply to their current responsibilities. There is, however, no longer any appointee for the position of deputy Chief Building Official due to these qualification requirements. The Director, Planning & Development and Supervisor, Development Control were formerly appointed in this capacity. The 2006 budget submission by the Planning & Development Department includes the position of Supervisor, Building Permits, in part to fulfill this requirement. Although all City building staff have successfully become qualified, complying with these new mandatory requirements will create challenges in maintaining efficient plan review and inspections over the longer term. Any new staff the City employs must be Ministry registered in the qualification categories related to the type of work they would be undertaking, prior to commencing work in this capacity. This may make recruitment more challenging. The new qualification rules will prevent any plan review or inspection being undertaken except by appointed staff who possess the specific category of Ministry qualification. This will create the need for greater redundancy in all technical staff positions in order to ensure staff are qualified in all technical areas are available at all times. 1.4 Code of Conduct Bill 124 prescribes that Council must establish and enforce a Code of Conduct for the Chief Building Official and inspectors. Ideally, a consistent code of conduct province wide should have been established in the regulations. A Code of Conduct for Pickering officials was adopted on July 1, 2005, and is described in Schedule D of the by-law. It was previously communicated to Council and is posted on the City's website in order to bring it to the attention of the public. The code was developed collaboratively with other Durham municipalities and was reviewed by Human Resources and CUPE prior to enactment. The code requires all City building officials to identify and enforce compliance with building code regulations consistently and independently of any influence by interested parties. All affected staff have been informed in writing about the code. 014 Report PD 41-05 Subject: Bill 124 and Planning Application Fees Date: December 1,2005 Page 6 1.5 Mandatory Qualification, Registration and Insurance Requirements for Designers Bill 124 requires that designers of most projects be qualified and registered by the Ministry. They must also obtain professional indemnity insurance coverage in the amounts stipulated by the Code. On January 1, 2006, each designer must obtain a Building Code Identification Number (BCIN) from the Ministry, and affix this number, along with other information, to the building permit application and all documents. There are some limited exemptions from designer qualification requirements. Homeowners who design their own home or an addition or accessory building are exempt from qualification, however if any other person completes their drawings, we will be obliged to enforce the qualification requirements. Applicants may be frustrated at an inability to obtain permits if their designers are not qualified after January 1, 2006. To assist designers in meeting their obligations, an information package has been developed by Pickering (see Attachment #3). 1.6 Uniform Permit Application Form and Orders Applicants seeking a permit to construct, renovate or demolish a building must use the permit application form (see Attachment #4) mandated by the Ministry of Municipal Affairs and Housing. The Ministry has also prescribed order forms to be issued in enforcement. The provincial forms are generally inferior to existing municipal documents and require an applicant to complete a minimum of three pages, as compared to the City's former one page document. In addition, completion of additional information and schedules attached to the application form will be obligatory for most applicants. The complexity of the form and the requirement that it be complete for it to be accepted, will increase the perception of bureaucracy, pose customer service challenges, and place additional demands on counter staff. 1.7 Applicable Law Chief building officials are responsible for ensuring specific requirements set out in various Federal and Provincial legislation are met as a prerequisite to issuing any building permit. A comprehensive listing of laws that prescribe standards related to the construction or demolition of a building have been established that require compliance before a permit can be issued. The new listing will serve to clarify what laws apply to building permits and establish better ground rules. It may still be difficult however for most applicants to know which laws apply and how to go about obtaining approvals. To assist applicants in this respect, an applicable law checklist has been developed by Pickering (see Attachment #5). Report PD 41-05 Subject: Bill 124 and Planning Application Fees Date: December 1, 2005 Page 7 015 1.8 Building Permit Fees Bill 124 limits building permit fees to only an amount sufficient to cover the cost of administering building permits and enforcing the building code. In order to establish the appropriate fees, a full review of direct and indirect costs relating to the administration and enforcement of the Ontario Building Code was undertaken as part of a comprehensive review of all Planning & Development fees. The resulting permit fees are established in Schedule B to the by-law and have been adjusted in selected categories to accommodate a 6% overall increase as recommended by C.N. Watson. Pickering's building permit fee rates had remained unchanged since 1995. BUILDING PERMIT FEE COMPARISON - Sim2 Building Type ~ ~ i,7 ~ Detached House 10.29 12.6~ 9.50 7.62 Townhouses 10.29 _~ 12.601--9.50 9.14 Apa~ment Buildings ~ 9.27~9.95 [ 8.35_~6.71 Schoo~ / 14.~2 ~ 2~.0% 13.75 [ 11.19 ~~ding/ 11-87 ~ 16.E~_-~6~ 9.31 Retail Store J 9.50 I 1~-3~ 7.94 __ Industrial Building ~ 6.5o 111.55~ 8.1o[6.50 Deck (Flat Fee) ~ $1oo I $84 I $5~$6o > 0 ~ ~. 8.~0 8.50 7.75 9.12 9.00 8.50 8.50 I 6.78 /7.75 19.12 19.00 I 8.50 I / 7.00 8.18__b 7.25 9.72 9.00 7.00 !13.50/14.10 ~ 13.20 I le.7~ /,2.00 1zoo i .so Cso $5o $75/ $5o / $85 ~ $50 / $5°/ Bill 124 also requires municipalities to prepare an annual report outlining building permit revenues and the costs of enforcing the Building Code Act and the Building Code, including: · total fees collected in the previous fiscal period; · the direct costs of servicing building permits and enforcing the Building Code Act and the Building Code; · the associated indirect costs; · the status of the reserve fund(s), if any are established; This report will be presented to Council early in 2007. Also a public meeting must be held prior to implementing any future change to the fees. 0 1 ~Report PD 41-05 Subject: Bill 124 and Planning Application Fees Date: December 1, 2005 Page 8 1.9 Mandatory Permit Review Timeframes The amended Building Code introduces timeframes within which the chief building official must render a decision about whether to issue a building permit. If a permit cannot be issued, the chief building official is required to advise the applicant, in writing, of all the reasons. These timeframes vary based on the type of building permit applied for and will be extremely challenging to meet. Mandatory Timeframes for Buildin,q Permit Decisions Type of Building Small homeowner projects Maximum time allowed 10 business days Detached, semi-detached, townhouses 10 business days Tenant improvements 15-20 business days Small buildings 15 business days Large buildings 20 business days Complex buildings 30 business days If the chief building official fails to provide a decision regarding the issuance of a permit or fails to provide all the reasons for the refusal within the stipulated timeframes, the applicant can refer the matter to the Building Code Commission, who will review the matter within five business days of receiving notification. It is unclear yet what the Commission will do to compel the chief building official to act in such cases. This process may draw municipal resources away from the efficient review of applications. It is anticipated that occasional delays will occur in providing decisions on building permits during periods of unusual volume, unplanned staff absences and vacation periods. Notwithstanding this aspect of the legislation, it would not be in the public's interest to issue permits indiscriminately simply to comply with the time limits. An increased counter screening process is being developed in order to maximize the success rate for applications. Some increase in waiting time at the counter and frustration with additional submission requirements may result. In order to continue our current practice of reviewing building permits concurrently with other approvals, applications will be divided into two streams, on the basis of completion. Report PD 41-05 Subject: Bill 124 and Planning Application Fees Date: December 1, 2005 Page 9 0 ! 7 Complete applications, where all documents are provided and all applicable laws are fully complied with. These applications will be monitored for compliance with provincial timeframes, and Riven review priority. Incomplete applications, where all required documents have not been submitted and/or applicable laws are not fully complied with. These applications will continue to be accepted in some instances provided the applicant waives the mandated timeframe on a written form as required by the building code. Reviews of incomplete applications will be subject to resources being available. t.10 Mandatory Notifications, Inspections And Inspection Timeframes The new legislation introduces time restrictions for undertaking building inspections, following mandatory notifications by permit holders. The regulation specifies additional inspections over and above the municipality's current inspections program. PLANNING APPLICATION FEES: 2.0 The fees for processing planning applications were also reviewed in conjunction with the required review of building permit fees under Bill 124. It was considered most appropriate to undertake a broad review of all fees charged in the Development Applications Approvals Process (DAAP). C.N. Watson and Associates worked with staff to review the full approval process for all development application types, charting specific time allocations for all City staff involved in review (see Attachment #6). The study identified the full cost incurred by the City to process each type of planning application and concluded that current planning application fees fall significantly short of full cost recovery. Staff reviewed the full cost recovery fees identified by C.N. Watson in light of fees charged by other municipalities in Durham Region and the GTA, many of which have recently completed a DAAP user fees review. Implications to the development industry and City residents of applying full cost recovery fees on all applications was also considered. The following conclusions were reached through this analysis and are reflected in the recommended revised fees schedule: · discounts are appropriate in some application categories for economic incentive reasons and to encourage the public to seek compliance; · significant discounts are appropriate in application categories that commonly involve residents (minor variances for existing buildings and accessory structures), and existing businesses (minor site plan revisions/rezonings); · full cost recovery is most appropriate in application categories that deal with new lot creation (draft plans of subdivision/condominium); The recommended revised fees schedule for planning applications is included as Attachment #2 to this report. Report PD 41-05 Subject: Bill 124 and Planning Application Fees Date: December 1, 2005 Page 10 A meeting was conducted with Durham and Toronto area development industry representatives on November 24, 2005, in order to provide them with information about the C.N. Watson report, and the City's proposed new fee schedules. A notice has also been placed in the News Advertiser respecting this report being considered at Executive Committee and Council. Attachments: 2. 3. 4. 5. 6. Draft Building By-law Draft Planning Fee By-law Designer Guide Provincial Application Form Applicable Law Checklist C.N. Watson DAAP Report Prepared By: Ti m M~--'d° r.r.r~, OAA ........... ,. Chief Building Official Approved / Endorsed By: Nell Carroll,~l .P.~R'PP Director, Pla~fiFn'g & Development Lynda'Taylor, MCIP,zRPP Manager, Development Review Gillis A. Paterson Director, Corporate Services & Treasurer TM:Id Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council " T,7f'°~'~fi'as~d. Qu'~n, Chi~,~ AdministCa't?v~.Offlcer ATI'ACHMENTlll / ' ,,,,TO REPORT d PD_/~ THE CORPORATION OF THE;GI~,, ,, : OF, PtCKERING BY-LAW NQ; ! ";' Being a by-taw to provide for the administration and enforcement of the Building Code Act, ?992 within the City of Pickering 019 WHEREAS Subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, provides that the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Building Code Act. 1992 within the City of Pickering: and WHEREAS Subsection 3(2) of the Building Code Act, 1992 requires that the Council shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Building Code Act, 1992 within the City of Pickering; and WHEREAS Section 7 of the Building Code Act. 1992 authorizes municipality to pass certain By-laws prescribing classes of permits, documents, fees, inspections and other related matters. the Council of a permit application NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: This By-law may be cited as the Building By-law. DEFINITIONS In this By-law, (1) "Act" means the Building Code Act, 1992, S.O. 1992, chapter 23; (2) "As Constructed Plans" shall mean as constructed plans as defined in the building code; (3) "Applicant" shall mean a person who applies for a permit and includes any person authorized by an owner to apply for a permit on the owner's behalf; (4) "Architect" shall mean a holder of a license, a certificate of practice, or a temporary license under the Architect's Act as defined in the Building Code; (5) "Buildinq" shall mean a building as defined in Subsection 1(1) of the Act; (6) "Buildinq Code" means the regulations made under Section 34 of the Act; (7) "Chief Buildinq. Official" shall mean the person appointed by the Council as the chief building official for the purpose of enforcement of the Act; (8) "Construction Value" shall mean the value prescribed by the chief building official to represent the total value of all work, services and material associated with the construction for which a permit is applied; (9) "Council" shall mean the Council of The Corporation of the City of Pickering; (10) "Deficient Permit" shall mean a permit in respect of which, (i) an inspection notice or order to comply has been issued by an inspector or, 07. O (11) ATTACHMENT # / TO (ii) an inspection required Urid'~r the building code or this By-law has not been arranged, ""~ ~i and six months or rnor~:.~a~¢ei-~lapsed after the date the notice ',vas issued or the inspection waSird~ir¢~; "Deputy Chief Buif~inq Official" shall mean the person appointed by the Council as the deputy chief building official for the purpose of enforcement of the Act; (12) "Equivalent" shall mean equivalent materials, systems or designs proposed by an applicant pursuant to Section 9 of the Act; (13) "Holiday" shall mean days when the offices of the City of Pickering are not open for transaction of business with the public; (14) "Inspector" shall mean an inspector listed in Schedule A; (15) "Owner" shall mean the registered owner of the land upon which is located, or will be located, the building or part thereof for which an application for a permit is, or has been made; (16) "Permit" shall mean permission or authorization given, in writing, by the chief building official, (i) (ii) to perform work regulated by the Act or the building code or both, to change the use of a building or part of a building as regulated by the Act or the building code or both, or to occupy a building or a part thereof; (17) "Permit Holder" shall mean an owner to whom a permit has been issued, or where a permit has been transferred, the transferee; (18) "Professional Enqineer" shall mean a person who holds a licence or a temporary licence under the Professional Engineer's Act; and (19) "Re,qistered Code A_~J.EDc_g..~ shall mean a person or an entity that has the qualifications and meets the requirements set out in the Act. Any word or term not defined in this By-law shall have tile meaning ascribed to it in the Act or the building code. 3, APPOINTMENTS Each person whose name is set out in Column 2 of Schedule A is hereby appointed to the position set out beside that person's name in Column 1 thereof. CODE OF CONDUCT FOR BUILDING OFFICIALS Each person listed in Schedule A shall be governed by the Code of Conduct set out in Schedule D, with respect to exercising powers and performing duties under the Act. 5. CLASSES OF PERMITS Classes of permits with respect to the construction, demolition, change of use and occupancy of buildings and permit fees shall be as set out in Schedule B. REQUIREMENTS FOR FILINGT ~PPLICATION$ (1) Complete Application :} : L ~ (a) To obtain a ~.ermlt, an applicant shall file a complete application on the form availabl~{r0m the chief building official, or from the Province of Ontario, together with the applicable requirements set out in Subsections (2) to (8). (b) All documents and drawings accompanying an application shall be coordinated with each other and shall be consistent with the description of the proposed work. (2) Building Permits (a) Ever'/ application for a building permit under Subsection 8(1) of the Act shall, (i) (ii) identify and describe in detail the work to be done and the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C; and (iii) be accompanied by the appropriate fee calculated in accordance with Schedule B. (3) Demolition Permits (a) Every application for a demolition permit under Subsection 8(1) of the Act shall, (i) identify and describe in detail the work to be done and the existing use and occupancy of the building, or part thereof, for which the application for a permit is made, and the proposed use arid occupancy of that part of the building, if any, that will remain upon completion of the demolition; (ii) be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C; (iii) be accompanied by the appropriate fee calculated in accordance with Schedule B; and (iv) be accompanied by confirmation that, A arrangements have been made with the proper authorities for the safe and complete disconnection of all existing water, sewer, gas, electric, telephone and other utilities: and (4) B the owner will comply with the City's property standards by-law at the completion of demolition. Conditional Building Permits (a) Every application for a conditional building permit under Subsection 8(3) of the Act shall, (i) comply with the requirements set out in Subsection 6(3) in this By-law; and (ii) be accompanied by, 0 2" A B a wr~tte, mstafement from the applicant explaining why the applicon[,, i. beiieves that unreasonable delays in coSsti'd, ction would occur if a conditional building permit is riot ~ssued; a written acknowledgement from the applicant of the necessary approvals which must be obtained in respect of the proposed construction and the time period in which such approvals shall be obtained by the applicant; C a written agreement, in a form provided by the chief building official, executed by the applicant, the owner and such other necessary persons the chief building official determines for the purposes set out in clause 8!3)(c) of the Act; and D the conditional permit fee in accordance with Schedule B. (b) The chief building official is hereby authorized to execute on behalf of The Corporation of the City of Pickering the written agreement referred to in clause 6(5)(b)(iii) as part of the conditional building permit application. (5) Change of Use Permits (a) Every application for a change of use permit under Subsection 10(1) of the Act shall, (i) identify and describe in detail the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; (ii) be accompanied by plans and specifications which show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the building code, including, but not necessarily limited to, floor plans and details of wall, ceiling and roof assemblies identifying existing fire resistance ratings and load bearing capacities; (iii) be accompanied by the appropriate fee in accordance with Schedule B; and (iv) be accompanied by the completed documents prescribed in Schedule C. (6) Occupancy Permits for Unfinished Buildings (a) Every application for authorization to occupy an unfinished building under Section 2.4.3 of tile building code shall, (i) identify and describe in detail the occupancy, the date of such occupancy, and the building or part thereof for which tile application for a permit is made; (ii) be accompanied by plans which show the areas of the proposed occupancy; and (iii) be accompanied by the appropriate fee in accordance with Schedule B. REQUIREMENTS FOR PLANS AND SPECIFICATIONS (1) Every applicant shal!.--SUb, rCit"~bfficient plans, specifications, documents and other information [0 ena, bi'e~ the chief building official to determine whether the proposed building !.cdn~truction demolition or change of use will contravene the Act, the building code or any other applicable taw. 020 The chief building official shall determine the plans, specifications, documents and other information required to be submitted with an application in order to deem it complete according to sentence 2.4.1.1B.(5) of the building code having regard for: (a) the scope of the proposed work; (b) the requirements of the building code, the Act and other applicable law; and (c) the requirements of thiS Section and Schedule C. (3) Plans, specifications, documents and other information shall be submitted in a permanent medium upon paper or other suitable and durable material and shall contain text that is legible and drawings that are legible, complete, fully dimensioned and to scale. (4) Site plans submitted by an applicant shall, (a) be certified by the Planning & Development Department of the City of Pickering as being in conformity with by-laws passed under Sections 34 and 41 of the Planning Act; and (b) be referenced to a current plan of survey prepared and certified by an Ontario Land Surveyor, and a copy of the survey shall accompany the site plan submission, except where the chief building official waives the requirement to do so. (5) On the completion of the foundation for a detached, semi-detached, triplex, fourplex or townhouse dwelling, the chief building official may require submission of a survey prepared by an Ontario [.and Surveyor indicating the location and elevation of the top of the foundation wall, prior to a framing inspection being undertaken. (6) On the completion of the construction of a building, or part of a building, the chief building official may require submission of a set of plans of the building or part of a building, as constructed, together with a plan of survey prepared and certified by an Ontario Land Su~¥eyor showing tile location of the building. AUTHORIZATION OF EQUIVALENTS (1) Where approval for an equivalent material, system or building design under Section 9 of the Act is proposed in either an application for a permit, or in a material change to a plan, specification, document or other information on the basis of which a permit is issued, the applicant shall submit, (a) a completed "Equivalent Application Form" as described in Schedule C; (b) a description of the proposed location(s) the equivalent is proposed to be installed; (c) a description of tile proposed material, system or building design for which authorization is sought; (d) a description of all applicable provisions of the building code in conb avention; 024 -6- (2) (3) (e) supporting documentation demonstrating that the proposed material. system or building design wil! provide the level of performance required by the building cod.¢;:a~nd (f) payment of the required., fee~s ~et out in Schedule B. The chief building official qr ~e~is'tered code agency rnay accept or reject any proposed equivalents and rnay impose conditions or limitation on their use. Equivalents that are accepted under this section shall be applicable only to the location described in the application, and are not transferable to any other building permit. INCOMPLETE PERMIT APPLICATIONS (1) An application shall be deemed not to be complete according to sentence 2.4.1.1.B(5) of the building code where any of the applicable requirements of Section 6 have not been complied with. (2) Except as provided in Subsection 9(3), an application deemed to be incomplete shall not be accepted by the chief building official. (3) The chief building official may accept an incomplete application where the applicant acknowledges, in writing, that the application is incomplete and waives the time period prescribed in the building code within which a permit must be issued or refused. (4) Where an applicant declares that an application is complete in all respects and complies with the Act, the building code and applicable law, the chief building official shall issue or refuse to issue a permit within the time period prescribed in the building code. (5) Where an applicant declares that an application is complete in all respects, but the application is determined to be incomplete or does not comply with the Act, the building code or applicable law, an additional fee as prescribed in Schedule B shall be applied to the re-examination of documents required to be submitted by an applicant. 10. ABANDONED PERMIT APPLICATIONS (1) An application for a permit shall be deemed to have been abandoned by the applicant where, (a) (b) (c) the application is incomplete according to Section 9 and remains incomplete six months after it was submitted; six months have elapsed after the applicant was notified that the proposed building, construction, demolition or change of use will not comply with the Act or the building code or will contravene any other applicable law; or tl~e application is substantially complete, and six months have elapsed from the date upon which the applicant was notified that a permit was available to be issued. (2) Where an application is deer'ned abandoned, all submitted plans, specifications and documents shall be disposed of, or upon written request from the applicant, returned to the applicant. 11. REVISION TO PERMITS Should a permit holder wish to make any material change to any plan, specification, document or other information on the basis of which the permit was issued, the permit holder shall file an application for a revision to the permit which describes the material changes, and shall pay the fee set out in Schedule B. -7- O25 12. TRANSFER OF PERMITS (1) (2) If the owner of the land changes after a permit has been issued, the permit may be transferred to the new owner (the "transferee") of the lands where an appticaticn is filed with the City ig:Wiiting, in accordance with this section. Every application for the transfer of permit shall, (a) include a written statement from the current permit holder authorizing the transfer of the permit to the transferee; (b) include proof of ownership of the lands by the transferee satisfactory to the chief building official; (c) confirm that the work to be done and the existing and proposed use and occupancy of the building or part thereof, for which the application for the transfer of the permit is made, is the same as that identified and described on the application of the permit; (d) state the name, address, telephone number of the proposed transferee; (e) state the name, address, telephone number and facsimile number of the proposed architect and/or professional engineer, and their building code qualifications, where they are different from those identified in the application for tile permit, and a written confirmation from the architect and/or professional engineer(s), that they have been retained to undertake general review of the construction or demolition where required under the building code; (f) include, where the proposed transferee is a builder as defined in the Ontario New Home Warranties P/an Act, the proposed transferee's registration number under that Act; (g) be accompanied by the appropriate fee in accordance with Schedule B; and (h) be signed bythe proposed transferee who shall certify as to the truth of the contents of the application. (3) Upon the issuance of transfer of a permit to the transferee, the transferee shall be deemed to be the permit holder and the original permit holder shall have no further rights or obligations under the permit save and except for any obligations set out in any agreements entered into for tile purposes of clause 8(3)(c) of the Act. 13. REVOCATION OF PERMITS (1) Prior to revoking a permit, the chief building official shall give written notice of an intention to revoke the permit to the permit holder at the permit holder's address shown on the application or to such other address as the permit holder has provided to the City for that purpose. (2) Following issuance of the notice described in Subsection 13(1), tile permit may be revoked immediately or after a period prescribed by the chief building official, and all submitted plans, specifications, documents and other information rnay be disposed of or, upon written request from the permit holder, returned to the permit holder. (3) Notice under Subsection 13(1) shall be given either personally or by registered mail, and where notice is by registered mail, it shall be deemed to have been given on the fifth day after the day of mailing. 14. FEES AND REFUNDS OF FEES -8- Application Fees i : '. !., ' (a) A fee shall be '_paid with every permit application, calculated in accordance with Schedule B and the fee shall be due and payable, in full, upon th~'~,ubmission of the application for a permit. (b) The minimum fee payable on any application shall be $50.00. (c) Where the amount of a fee to be paid as part of a permit application is based, upon the building category, floor area and/or value of the proposed construction, the chief building official, or a person designated by the chief building official, shall determine the appropriate building category, floor area and/or value, and that determination shall be final. (d) Where an application for a permit is subject to additional user fees prescribed by the City, the fees so prescribed shall be paid in addition to the fees set out in Schedule B. (2) Plan Re-examination Fees (a) Where an applicant substantially revises proposed materials, systems or a building design after examination of a previous submission has already been undertaken, a re-examination fee shall apply as set out in Schedule B. (3) Additional Inspection Fees (a) An additional inspection fee as set out in Schedule B shall apply and shall be paid prior to each inspection being undertaken on any building where, (i) any of the prescribed notice requirements under the building code or the additional notices required under this By-law have not been complied with by a permit holder; (4) (ii) (iv) Fee Refunds more than two inspections are required due to construction being incomplete or not in compliance with the building code; a building is occupied before the notice required under Section 11 of the Act was given to the chief building official; or an inspection is requested to confirm that outstanding items have been completed or corrected in respect of a deficient permit. (a) If requested, in writing, by an applicant or perrnit holder, where, (i) an applicant withdraws, in writing, an application for a perrnit; (ii) an application is deemed to have been abandoned accordance with Section 10 ' in the chief building official refuses to issue a permit for which an application has been made; or (iv) the chief building official revokes a perrnit after it has been issued, -9- (b) the chief building official shall calculate the portion of any fee paid that may be refunded and authOriZe the payment thereof, based upon the functions undertaken by the~ City in accordance with Subsections 14(8) to 14(13). ,~ Eighty-five p~.,r Cent ~(~5%) of the permit fee paid in accordance with Schedule B s~all be refunded if only application administrative functions have been performed. (c) Fifty per cent (50%) of the permit fee paid in accordance with Schedule B shall be refunded if, (i) the functions described in Subsection 14(8) and all or part of plan review functions have been performed; and (ii) the permit has not been issued. (d) Twenty-five per cent (25%) of the fee paid in accordance with Schedule B shall be refunded if the permit has been issued. (e) Notwithstanding Subsections 14(7) to 14(10) above, no refund of any portion of the permit fee paid in accordance with Schedule B shall be made if any construction or demolition has commenced. (f) No refund shall be payable where the amount calculated in accordance with this Section is less than $50.00. (g) Any amount authorized by the chief building official to be refunded shall be paid to the person named on the fee receipt issued by the City upon original payment of the fee, unless that person directs, in writing, that it be refunded to another person. 15. REGISTERED CODE AGENCIES Pursuant to Subsection 4.1(3) of the Act and Section 2.22 of the building code, the chief building official is authorized to enter into service agreements with registered code agencies and appoint them to pedorm one or more of the specified functions described in Section 15.15 of the Act. 16. FENCES AT CONSTRUCTION AND DEMOLITION SITE,(:; (1) Where, in the opinion of the chief building official or an inspector, a construction or demolition site presents a hazard to the public, the chief building official or inspector may require the owner to erect such fences as the chief building official or inspector deerns appropriate to the circumstances. (2) In considering the hazard presented by the construction or demolition site, the necessity for fences and ti~e height and characteristics of such fences, the chief building official or inspector shall have regard for, (a) the proximity of the building site to other occupied buildings; (b) the proximity of the construction or demolition site to lands accessible to the public; (c) the hazards presented by the construction or demolition activities and materials; (d) the feasibility and effectiveness of site fences; and (e) the duration of the hazard. O27 (3) -10- Every (a) (b) (c) (d) fence required b,; th~s secbon shall. be erected so as to fCy.enc'lose all areas of the site which present a hazard; create a continuous barrier and be sufficient to deter unauthorized entc,./; have a height not less that 1.2 metres above grade at any point, unless the chief building official or inspector determines that a greater minimum height is necessary; if constructed of plastic mesh, snow fencing or other similar materials, be securely fastened at 200mm o.c. to vertical posts not more than 2.4 metres apart, and to horizontal members or a minimum 11 gauge cable at the top and bottom; and (e) be maintained in a vertical plane and in good repair. 17. INSPECTION NOTICES The permit holder shall also give notice to the chief building official or registered code agency of the following stages of construction in addition to the notices prescribed by the building code: (a) (2) (3) (4) (5) (b) (c) commencement of construction of, (i) masonry fireplaces and masonry chimneys; (ii) factow-built fireplaces and allied chimneys; or (iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys; substantial completion of interior finishes; and/or substantial completion of heating, ventilating, air-conditioning and air- contaminant extraction equipment. A notice required to be given by a permit holder to the chief building official or registered code agency pursuant to Subsection 2.4.5 of the building code shall be given to the chief building official or registered code agency at least two days in advance of the construction stage in which notice is being given. For the purpose of Subsection 17(2), the term "day" means any Monday, Tuesday, Wednesday, Thursday or Friday other than a holiday. A notice given to the chief building official pursuant to Subsection 2.4.5 of the building code shall be given in writing to either the chief building official, an inspector or registered code agency and if given to an inspector in accordance with this Section, shall be deemed to have been given to the chief building official. A notice given to the chief building official or registered code agency pursuant to Subsection 2.4.5 of the building code and this Section shall not be effective until actually received by the chief building official, inspector or registered code agency as the case may be. 18. SEVERABILITY Should any provision of this By-law be declared by a court of competent jurisdiction to be invalid it shall not affect the validity of this By-law as a whole or any other part thereof, other than the provision declared to be invalid. -11 - 029 19. INTERPRETATION AND IMPLEMENTATION (1) Schedules A, B, C and D attached shall form part of this By-law. (2) Unless other,vise specified, references in this By-law to Sections. Subsections and Schedules are references to Sections, Subsections and Schedules in this By-law. (3) By-law 4647/95 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 19th day of December 2005. David Ryan, MaYOr:i:;':' ': Debi A. Bentley, City Clerk 030 SCHEDULE A APPOINTMENTS Item ilO. Column I i,) Column 2 d o inspector ; : '~ i Toby Hill inspector 7:-%, ';' "; i Robert Lalonde inspector ! , :,," } Albert Al~,ero inspector ¢: Brenda Yarusn inspector ," i Taylor Young , inspector .[ Paul Nishikawa inspector ! Andras Szonyi -- inspector I Matthew Seward -~-~-pector i Brian Holmes -12- Item CU~S'SES C',F PERMITS AND FEES PAYABLE Class of Permit Reference-~, Fee Payable 03;' 6, t3) See Part B Building Permit 2. Demctit~on Permit Aool~caele Building Permit Fee payable plus 3. Conditional Building Perm¢, 615 $1000 4, Change of Use Perrmt 6~7¢ $200 Occupancy Permit for 6(8 $100 5. Unfimshed Budding S10 for each !00 square metres of floor area or part thereof, mimmum $50 OTHER FEES _.ltem 1. 5. (a) 5. (b) Type of Fee Reference Equivalent Authorization 8 Resubmission of application 9(5) I found to be incomplete ~, Revision to permit ! 11 I Transfer ! 12 of permit IRe-examination I 14(5) - Change in house model Re-examination ~ - ot~h_er th_ a[~a~ ............ ! 14!5) Additional Inspection i 14(6t $100.00 Fee Pay_able 25% of application fee $50.00 $50.00 $300 plus the fee prescribed in Part B as a result of am/additional area _~-10% of applicable permit fee to a maximum of i ~00 ~ -13- 03'-'. SCHEDULE B- FART B FEES PAYABLE FOR BUILDING PERMITS Item New Buildings and Additions Fee Payable ! Assembly Occupancies "' ~i 2. Institutional Occupancies :~ ~ ~ 3. Residential Occupancies i'- ~ apartment buildings, hotels motels, detached, semi-detached and townhouse dwellings, & other residential occupancies 4. Business and Personal Sen, ice Occupancies Mercantile Occupancies single storey buildings multiple storey buildings Industrial Occupancies ;12.60 for each square meter of floor area or 3art thereof. $14.00 for each square metre of floor area or 3art thereof. $9.00 for each square metre of floor area or part thereof. $8.00 for each square metre of floor area or I ~art thereof. $10.00 for each squ~re metre of floor area or _part thereof. farm buildings, unsen~,iced storage buildings, unfinished basements parking garages $3.00 for each square metre of floor area or part thereof. Interior Partitioning and Finishing, including tenant alterations aDartment in houses $4.00 for each square metre of floor area or part thereof. other industrial buildings $5.50 for each square metre of floor area or )art thereof. Alterations, Repairs and Other Structures 6. $2.00 for each square metre of floor area or part thereof. Minor Residential Structures and Alterations, including decks, gazebos (each) incidental partitioning of a basement f/replace, wood stove (each) garage, carport, storage shed (each 50m2) water and sewer connection other similar minor projects associated with a residential use ;50.00 Minor Non-Residential Structures, including $100.00 school portables (each) temporary prefabricated trailers (eaoh) temporary tent (each) other similar minor structures associated with a non-residential use ~.gp~prgx_(d_ed fo[in I~D_s__I_. t_o~_~ ................. j~ar! thereof. $10.00 for each $1,000 of construction value or ! For the proper interpretation and appli:ation of this Schedule, see Notes following -14- SCHEDULE B - Part FEES PA~'ASLE FOR BUILDING PERMITg 033 Notes: The 'ollow~ng guidelines for calculating floor areas and fees apply to the specific building types and construction ~ndicated. in order to de[ermine the applicable occupancy, recourse shall be had to the budding code and its appendices. Floor area shall be measured to the outer face of exterior ',vails and to the centerline of pad'), walls or demising walls. No deductions shall be made for openings within the floor area (e.g., stairs and stair openings, ducts, elevators, escalators). Floor area shall include ail habitable areas, including mezzanines, finished attics and enclosed balconies. Assembly Occupancies: The "Assembly Occupancies" rate shall apply to the total floor area of floors, which are principally of assembly use. Other rates shall be applied to other floors based on the principal use of the total floor area. (b) Institutional Occupancies: The "Institutional Occupancies" rate shall apply to the floor areas of floors, which are principally of institutional use. Other rates shall be applied to other floors based on the principal use of the total floor area. (c) Residential OccupanciesL For detached, semi-detached and townhouse dwellings, basements, attached garages, porches and decks shall calculations, but the fee is inclusive of these areas. the floor areas of unfinished not be included in the area For the other residential occupancies, the "Residential Occupancies" rate shall apply to the floor areas of floors, which are principally of residential use. Other rates shall be applied to other floors based on the principal use of tile total floor area. (d) Business and Personal Sen,ices Occupancies: The applicable "shell" rate shall be applied to the floor areas of a speculative structure, where the only finished floor areas are to be the common areas (e.g., lobby, corridors, washrooms). The "Interior Paditioning and Finishing" rate shall be applied where finished floor areas are to be provided in other than common areas. Other rates shall be applied to other floors based on the principal use of the total floor area. (e) blercanti e Occupancies: The "Mercantile Occupancies" rate shall be applied to the floor areas of a speculative structure, where the only finished floor areas are to be the common areas (e.g., lobby, corridors, washrooms). The "Interior Partitioning and Finishing" rate shall be applied where finished floor areas are to be provided in other than common areas. Other rates shall be applied to other floo~s based on the principal use of the total floor area. (f) Industrial Occupancies: Each "Industrial Occupancies" rate includes incidental finished office space to a maximum of 10% of the total floor area. The "Interior Partitioning and Finishing" rate shall be applied where additional finished space is provided. Other rates shall be applied to other floors based on the principal use of the total floor area. "Construction value", as used in item 9 of Schedule B - Part B, means tt~e value of the proposed construction as determined by the ch ef bu Id ng official, whose determination of that value shall be final. -15- 034 SCHEDULE C - PART A : /"/~' "~-,-~ DOCUMENTS & DRA¥'viHGS REQUIRED FOR PERMrT APPLICATION,q Row Class Of Permit i Documents and Drawings Required l(a) Building Permit ,, DocUmentS l(b) 2(a) Residential Detached houses Semi-detached houses Triplexes Fourptexes Townhouses Building Permit Residential as in l(a) Alterations Additions Accessory Buildings Building Permit a: APtptidable Law Compliance Checklist b Acknowledoement of incomplete application l: ¢ Mechanical Ventilation Design Summan/ /:" ;d Regional Mun cipality of Durham Building Permit for Sewage System e Regional Municipality of Durham Residential Development Charges Information Form f School Boards Education Development Charge information Form g TARION Registration Form h Regional Connection Application for Water/Sewer Drawings a Approved Site Plan b Approved Grading Plan ¢ Architectural Drawings d Structural Drawings e HVAC Drawinqs Non-residential and other residential not provided for in row l(a) or l(b) New Buildings Additions Non-residential and other residential as in 2(a) Alterations Renovations Tenant Occupancies Documents a Applicable Law Compliance Checklist b Acknowledgement of incomplete application c Regional Municipality of Durham Building Permit for Private Sewage System Drawings Approved Site Plan b Architectural Drawings c Structural Drawings d HVAC Drawinoz~ Documents a Applicable Law Compliance Checklist b Acknowledgement of incomplete application c Commitment to General Reviews by Architect & Engineers d Ontario Building Code Data Matrix e Land and Building Use Declaration Flow Control Roof Drainage Declaration Confirmation of Energy Efficient Design h Regional Municipality of Durham Commercial Development Charges Information form i School Board Development Charge Information form Regional Municipality of Durham Building Permit for Private Sewage System Drawings a Approved Site Plan Approved Gradin9 Plan c Architectural Drawings d Structural Drawings e HVAC Drawings Plumbing Drawings Electrical Drawings h Fire Protection Drawings Geotechnical Report Specifications a Applicable Law Compliance Checklist b Acknowledgement of incomplete application Commitment to General Reviews by Architect & Engineers d Ontario Building Code Data Matrix Drawings a Location Plan b Architectural Drawings Structural Drawings d :'-IVAC Drawings e Plumbing Drawings Electrical Drawings Fire Protection Drawings -16- SCHEDULE C-PARTA DOCUMENTS & DRAWIhGS RE:UIP, ED FOR PERMIT APPL!CATIONS Row Class of Permit -- Documents and Drawings Required 3. , Building Permits I Documents i - Other than row 1 to 4 a ADDhcable Law Compliance Checklist o Acknowledgement of ~ncomple[e application Documents from rows la to 2b, or other documents which are applicable to the scope of work proposed Drawings a Drawings from rows la to 2b which are applicable to the scope of work proposed Change of Use Permit Documents a Applicable Law Compliance ~hecklist b Acknow edgement of incomplete application Drawings a Locab on Plan b Architectural Drawings c HVAC Drawings Demolition Permit Documents a Applicable Law Compliance Checklist b Acknowledgement of ~ncomplete application c Commitment to General Review by Engineer d Demohtion Approvals Drawings a Site Plan Notes: 1. The documents described in this schedule are available from the chief building official. 2. A description of the information required on drawings is contained in Part B of this schedule. 3. The chief building official may waive the requirements for any specified documents or drawings where the scope of the work, applicable iaw or building code requirements does not necessitate its submission. -17- 03O SCHEDULE C- PART B !NFORMAT!C, iN REQUIRED ON DRAWINGS Item Drawing Type Site Plan Grading Plan Architectural Information Required Legal description, suc¢ey property hnes, propert? dimensions.,I compass orientation, location and name of adjacent roads Outline of all ¢;~isting and proposed buildings and structures;' building dimensions and their distance to property lines Dimensions and location of parking and vehicle access and fire routes Dimensions and location of barrier-free parking, curb cuts, path of travel to building and building access Signature and seal of professional engineer, landscape architect or Ontario land surveyor Properly lines, easements sidewalks, driveways, building location, curb cuts, retaining walls Location of catch basins, above and below ground utilities, and connections to services Existing and proposed elevations within the site and at property lines, retaining wall elevation, slopes of driveways, drainage flow and swales Existing plans showing construction and room and space identification of all floors in the area of proposed work or occupancy Plans of ail floors including basements complete with all rooms and room names Roof plan showing roof slope, drainage, roof and roofing construction details Building elevations showing grade, floor and ceiling heights, overall building height, exterior finish materials, window heights and sizes and spatial separation requirements Residential construction details including proposed wall section from footing to roof, specifications of all wall, floor and roof assemblies and all building materials and construction specifications Stairs, guards and handrail dimensions and details, window sizes and height above floor level; location and fuel type of all fireplaces Mezzanine plan showing construction, guardrails, egress Location and details of barrier free entrances and barrier free washrooms Reflected ceiling plans, bulkhead details, horizontal service shaft details Roof equipment screening, anchorage for winciow washing, roof access Building cross sections showing grade, floor and ceiling heighls, horizontal and vertical fire separations Enlarged sections and detail plans of washrooms and exit stairs Wall sections, plan and section construction details Exit stair' enclosure, wall construction details, fire separations and listed design numbers, door numbers refem, nced to a door schedule Door and hardware schedule, door and frame details, window schedule, room finish schedule Class of Permit - Part A Row No. __l~a) l(b)~__2(a) i 2(bi X X X X X X :~ X × × X x! x X X X X × X X X X X X X X × X X × X X X X X X -18- SCHEDULE C- PART B INFORM~T! 2/',1 ~E,,~UIRED ON DRAWINGS / i ltem 4. 5. HVAC 6. Plumbing 7. Electrical Fire Protection plans, f::otmg, column and'beat'n schedules structural detads and rriate, ri~l specifications b Des,gn spectficatiohs, live;and dead oaamg. w~nd and soow loading, earthquake loading, geotechnical report design basis c Structural dra',vmgs sealed by a professional engineer for all structural elements not within the scope of Part 9 of the building code d Roof and floor truss drawings sealed by a professional engineer Drawing Type Information Required Structural a Foundation plans floor and!rOOi-framing Class of Permit - Part A Row No. 3 4 X X X X X X X X Heating, ventilating and air cond~tiomng plans, ser,~ce shafts, equipment layout and X schedules Heat loss and gain calculations, ventilation X design summary Fire damper locations, kitchen exhaust equipment Plumbing and drainage plans; location and sizing of under and above ground storm, X X samtary and water supply piping and appurtenances Location of fire stopping; specifications of X X X X plumbing and firestopping materials Electrical supply and distribution plans; location of power and lighting outlets; equipment schedu es; transformer locations X X Locabon and specification of emergency lighting, emergency generators and exit signage X X Fire hydrant locations, sprinkler and standpipe distribution plans and schedules; sprinkler head layout; fire hose cabinet locations Location and specification of emergency lighting, emergency generators and exit signage; fire alarm system annunciator, diagrams and specifications Location of smoke alarms and carbon , rnonoxide detectors I X X )[ X X X X X X Notes Where indicated by an X, the information described is required to be included on the drawings for the class of permit specified. Required information may be located or consolidated on other drawings rather than the drawing specified in this schedule. The chief building official may waive the requirement for any required information specified in this schedule due to limited scope of work, applicable law or building code requirements. 031: -19- 03.8 SCHEDULE D CODE OF CONDUCT FOR BUILDING OFFICIALS PURPOSE To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in the exercise of a power or the performance of a dbtv under [ne Building Code Act or the building code. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief build~ng official and inspectors in the exercise of a Dower or the performance of a duty under the Building Code Act or the building code. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under the Building Code Act or the building code by the chief building official and inspectors. ENFORCEMENT GUIDELINES The chief building official, deputy chief building official and inspectors appointed in Schedule A shall comply with this code of conduct. Any appointed chief building official or inspector who fails to act in accordance with the provisions of this code may be subject to disciplinary action appropriate to the seriousness of the breach. All allegations concerning a breach of this code shall be made in writing. Any person who has reason to believe that this code of conduct has been breached may bring the matter to the attention of the chief building official. Where the allegation concerns the actions of the chief building official, the matter may be brought to the attention of the senior staff person to whom the chief building official reports. Any chief building official or senior staff person who receives a written complaint alleging a significant breach of this code shall investigate the matter, and where appropri]te shall commence disciplinary action in accordance with the employment standards of the place of work. Ali communications received by a chief building official or senior staff person concerning a breach of this code shall be held in confidence. The chief building official or senior staff person shall advise Council in writing about the particulars of the alleged breach, its investigation and the final disposition of the matter upon its conclusion CODE OF CONDUCT exercising powers and performing duties under the Building Code Act, the chief building official and inspectors shall: 1. exercise powers in accordance with the provisions of the Building Code Act, the building code and other applicable law that governs tile authorization, construction, occupancy and safety of buildings and designated structures, and the actions, duties and qualifications of chief building officials and inspectors; 2. act to identify and enforce compliance where significant contraventions of the Act or regulations are known to exist; 3 apply all relevant building laws, regulations and standards in a consistent and fair manner, independent of any influence by interested parties; 4. not accept any personal benefit which may create a conflict with their duties; or perform duties where a personal interest may create a conflict; 5. obtain the counsel of persons with expertise where the chief building official or inspector does not possess sufficient knowledge to make an informed judgment; and 6. act honestly, reasonably and professionally in the discharge of their duties. ATTACHMENT# ,,, Z TO REPORT ~ PO THE CORPORATION OF THE CITY ~F PICKERING BY-LAW NQ:"~!~ ~ !'~ Being a by-law to amend By-law Number 6519/05 to confirm General Municipal Fees and Charges pursuant to the Municipal Act, 2001. 039 WHEREAS the Council of The Corporation of the City of Pickering enacted By-law Number 6519/05 on May 2, 2005 to confirm general municipal fees and charges pursuant to the Municipal Act, 2001; WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to amend the User Fees pertaining to Planning Applications, Agreements and Bylaws, in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Schedule 'T' to By-law Number 6519105, as it pertains to fees associated with Planning Applications, is hereby repealed and the following is substituted therefore: PLANNING & DEVLOPMENT DEPARTMENT User Fee or Charge (Fee includes GST where applicable) Fee PLANNINNG APPLICATIONS (these fees are imposed under the authority of the Planning Act, R.S.O. 1990, c.P 13) Minor Variance Accessory Structure Existing Building Vacant Land Application Tabling Special Meeting Zoning By-law Amendment Zoning By-law Recirculation Oak Ridges Moraine Zoning By-law - Removal of Holding Ministers Zoning Order Amendment Minor Major Picketing Official Plan Amendment Pickering Official Plan Ar-nendment Recirculation Oak Ridges Moraine Official Plan Amendment Regional Official Plan Amendment (not part of a Pickering OPA) Land Division Comments Land Division Clearance of Conditions $ 2OO $ 350 $ 1,500 $ 200 $ 75O $ 5,000 $ 5OO $ 500 $ 2,225 $ 1,000 $ 1,600 $ 8,000 $ 500 $ 50O $ 5,000 $ 700 $ 3OO 04O -2- Draft Draft Plan of Subdivision Base Fee Per Unit Fee Agreement Fee Approval Package Fee Assumption Package Fee Clearance Release Fee Recirculation Plan of Condominium Recirculation Agreement Fee Release Conversion Revisions to a Draft Approved Plan (Red Line Revisions) Site Plan Residential Base Fee Per Unit Commercial Base Fee per 2,000 m2 fee Industrial Base fee per 2,000m2 fee Agreement Fee Amending Site Plan Agreement Minor Revision Major Revision Clearance Part Lot Control By-law Base Fee Per unit fee $10,000 $ 135 $ 3,000 S 374 $ 1,070 $ 1,000 $ 5OO 6,500 500 2,0O0 1,000 1,000 1,000 2,500 175 2,500 850 2,500 5OO $ 750 $ 4OO $ 750 $ 2,5OO $ 25O $ 50O $ 25 The following fees noted under AGREEMENTS & BY-LAWS are herby deleted: Subdivision, Condominium, Site Plan, Part Lot Control By-law and Assumption Packa9e 3. The provisions of this By-law shall be effective January 1,2006. BY-LAW read a first, second and third time and finally passed this 19th day of December 2005. David Ryan, blayor ;;i. Debi A. Benti~y' City Clerk 041 IMPORTANT NOTICE To Building Permit Applicants and Designers BEGINNING JANUARY 1, 2006, DESIGNERS OF BUILDING PERMIT DOCUMENTS WHO ARE NOT LICENSED ARCHITECTS OR PROFESSIONAL ENGINEERS MUST: · BE REGISTERED WITH THE MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING · POSSESS PROVINCIAL QUALIFICATIONS · PROVIDE INFORMATION ABOUT THEIR QUALIFICATION AND REGISTRATION ON THE PERMIT APPLICATION FORM AND ON ALL DESIGN DOCUMENTS MUNICIPALITIES ARE NOT PERMITTED TO ISSUE PERMITS APPLIED FOR AFTER JANUARY 1, 2006, UNLESS AFFECTED BUILDING DESIGNERS MEET THESE REQUIREMENTS. SOME DESIGNERS AND PROJECTS ARE EXEMPT, AS DESCRIBED BELOW. REGISTRATION & QUALIFICATION EXEMPTIONS · Designers are not required to be reqistered with the Ministry if they own the building they are designing, if they are a builder governed by the Ontario New Home Warranties Plan Act, or if the project is an addition to or alteration of a house. · Designers are not required to be qualified by the Ministry if they are designing a house or an accessory structure not to exceed 50 m-~ to a house that they own, or if they are designing an accessory structure to any house that does not exceed 50 m2 in area. · Other projects are also exempt from registration and qualification requirements. A complete listing of exemptions is provided on the back of this form. · Architects and Professional Engineers are qualified and registered by the Ontario Association of Architects and Professional Engineers Ontario, and are [lot required to be registered or qualified with the Ministry. INFORMATION REQUIRED ON DOCUMENTS Designers are now required to provide information about their registration, qualification, and design responsibility on Schedule 1 to the provincial application form, and on every document submitted for a building permit. A standard template has been developed to assist designers in providing the required information on drawings. This template or a similar facsimile may be incorporated into drawing title blocks, or stickers are available from our office. Where sets of drawings or specifications contain more than one page, this information is only required on the first page. The undersigned has reviewed and takes responsibility for this design, and has the qualifications and meets the requirements set out in the Ontario Building Code to be a designer. QUALIFICATION INFORMATION Required unless design is exempt under 2.17.5.1. of the building code NAME SIGNATURE BCIN REGISTRATION INFORMATION Required unless design is exempt under 2.17.4.1. of the building code FIRM NAME BCIN Ontario Buildin~ Code 1997 (subsections 2.17.4 & 2.17.5) EXEMPTIONS TO DESIGNER REGISTRATION AND QUALIFICATIONS This extract from the building code has been edited for clarity and is provided for convenience purposes only. Registration of Persons Engaged in the Design Business A person is exempt from registration if the person's design activities relate only to (a) construction of a home as defined under the Ontario New Home Warranties Plan Act that will be constructed or sold by that person, if the person is a builder or vendor as defined in that Act and is registered under that Act, (b) construction of a bu#ding that is owned by that person. (c) construction of a farm building that is (i) oflowhuman occupancy (ii) of 2 storeys or less in building height, and (iii)has a building area of less than 600 m2 (6460 ft2), (d) the extension, material alteration or repair of: (i) a detached house, semi-detached house, townhouse or row house containing not more than two dwelling units in each house, or (ii) a detached structure that serves a building described in Subclause (3)(d)(i) and does not exceed 50 m~ (538 ft~) in building area, (e) a sewage system to be constructed by that person if the person is registered under Article 2.18.3.2, (f) construction of tents described in Sentence 3.13.1.2.(2), (g) construction of signs, (h) construction of site services, including (i) surface drainage, and (ii) plumbing located underground, either outside a building or under a building, (i) construction of a factory-built house certified to CAN/CSA-A277 "Procedure for Certification of Factory-Built Houses", fi) construction of a mobile home conforming to CAN/CSA-Z240 Series "Mobile Homes", (k) construction or a park model trailer conforming to CAN/CSA-Z241 Series "Park Model Trailers", (I) construction of pre-engineered elements of a building if the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances, (m) construction of appliances, equipment and similar incidental components of a building, or (n) construction of a building for which a permit under Section 8 of the Act is applied for or issued before January 1, 2006 and for which construction is commenced within six months after the permit is issued. A person is exempt from registration if the person's design activities are with respect to a detached house, semi- detached house, townhouse or row house containing not more than two dwelling units in each house and the design activities relate only to (o) a plumbing system (p) a heating, ventilation and air conditioning system, or (q) ancillary buildings such as garages. Designer Qualifications A person is exempt from qualification if his or her design activities relate only to (a) construction of: (i) a detached house, semi-detached house, townhouse or row house owned by the person and containing not more than two dwelling units in each house, or (ii) an ancillary building that serves a building described in Subclause (i). (b) construction of a farm building that (i) is of Iowhuman occupancy, (ii) is 2 storeys or less in building height, and (iii)has a building area of less than 600 m~ (6460 fO) (c) a sewage system to be constructed by that person and: (i) the person is registered under Article 2.18.3.2., or (ii) the sewage system is owned by the person, (d) construction of tents described in Sentence 3.13.1.2.(2), (e) construction of signs, (f) construction of site services including (i) surface drainage, and (ii) plumbing located underground either outside a building or under a building, (g) construction of pre-engineered elements of a building provided that the design of the elements is carried out by a person competent in the specific discipline appropriate to the circumstances, (h) construction of appliances, equipment and similar incidental components of a building, (i) construction of an ancillary building (i) that serves a detached house, semi-detached house, townhouse or row house if the house contains not more than two dwelling units, and (ii) that does not exceed 50 m2 (538 ft2) building area, or fi) construction of a building for which a permit under Section 8 of the Act is applied for or issued before January 1, 2006 and for which construction commences within six months after the permit is issued. In order to be qualified, all designers must successfully complete Ministry of Municipal Affairs and Housing examinations that test their knowledge of the legal and technical requirements of the Building Code related to their area of practice. Architects are qualified under the building code designation system administered by the OAA, and are not required to provide information about their qualification on the permit application form. For more information about designer qualification requirements, contact the Ministry of Municipal Affairs and Housing Building and Development Branch at 416,585,6666 or www.obc.mah.qov.on.ca, 043 X = Registration [R] or Qualification [Q] Required O = Exempt Houses & Townhouses(1) Designed by R Q New Building Owner O O Tarion Builder O X Other Designers X X Category of Qualification House or Small Buildings Plumbing System Owner O O Tarion Builder O X Other Designers O X Plumbing House or All Buildings Heating, Ventilation and AC Systems Owner O O Tarion Builder O X Other Designers O X HVAC House or Building Services Factory - built House & Foundation Owner Other Designers O O O X House or Small Buildings Mobile Home & Foundation or Park Model Trailer Owner Other Designers 0 0 O X House or Small Buildings Accessory Buildings < than 50 m2 Any Designers O O Accessory Buildings > than 50 m2 Owner Other Designers O O O X House or Small Buildings Deck or porch Owner Other Designers O O O X House or Small Buildings Extension, alteration, or repair Owner Other Designers O O House or Small Buildings O X Other Residential Buildings New Building Designed by R Q Owner O X Other Designers X X Category of Qualification House or Small Buildings Plumbing System Owner O X Plumbing House or All Buildings Other Designers X X Heating, Ventilation and AC Systems Owner O X HVAC House or Building Services Other Designers X X Accessory Buildings Other Desi§ners X X House or Small Buildings O O Extension, alteration, or repair Owner X X House or Small Buildings Other Designers X X 044 /-05 SUMMARY OF DESIGNER REQUIREMENTS IN THE BUILDING CODE X = Registration [R] or Qualification [Q] Required O = Exempt Non Residential Buildings New Building < 3 storeys or 600 m2 (Major Occupancy Groups D,E,F2 or F3) Plumbing System Heating, Ventilation and AC Systems Electrical Systems and Fire Protection Extension, alteration, or repair New Building > 3 storeys or 600 m2 (Major Occupancy Groups A,B,D,E,F1,F2,F3) Miscellaneous Structures Farm Buildings of Low Human Occupancy Other Farm Buildings Tents < 225 m2, No Bleachers/No Sidewalls Other Tents Signs Designated Structures in Subsection 2.1.2. Miscellaneous Building Elements Incidental Appliances & Equipment Pre-engineered Elements Site Services Sewage Systems Notes: Designed by Owner Other Designers Owner Other Designers Owner Other Designers Owner Other Designers Owner Other Designers Owner Other Designers Designed by Owners Other Designers All Designers All Designers All Designers All Designers All Designers Designed by Owner Other Designers Competent Person All Designers Registered Installer R Q O X X X O X X X Category of Qualification Small Buildings Plumbing - All Buildings O X Building Services X X O X Detection, Lighting & Power X × and/or Fire Protection O X Small Buildings x x O x x X R Q O X x x x x O O X X O O R Q O O O O O O O O O O Detection, Lighting & Power and/or Fire Protection Category of Qualification Small Buildings Small Buildings Small Buildings Category of Qualification (~) A house must be a detached house, a semi-detached house, a town house or a row house containing not more than 2 dwelling units. For use by Principal Authority Application number: Permit number (if different): Date received: Roll number: Application for a Permit to Construct or uemousn This form is authorized under the Building Code Sentence 2.4.1.1A(2). Application submitted to: (Name of municipality, upper-tier municipality, board of health or conservation authority) A. Project information Building number, street name I Unit number Lot/con. I Municipality Project value est. $ fPostal code Plan number/other description Area of work (mx) B. Applicant Applicant is: [] Owner or [] Authorized agent of owner Last name First name [ Corporation or partnership Street address I Unit number Lot/con. Municipality I Postal code [ Province ! E-mail (Telephone ) number ] ( Fax ) j ( Cell number ) C. Owner (if different from applicant) Last name Street address Municipality Telephone number ( ) First name Postal code Fax ( ) ICorporation or partnership Province Unit number E-mail Cell number ( ILot/con. D. Builder (optional) Last name First name Corporation or partnership (if applicable) Street address Unit number Municipality Postal code Province Telephone number Fax ( ) ( ) E. Purpose of application Lot/con. E-mail Cell number ( ) Fi New construction [] Addition to an [] Alteration/repair [] Demolition [] Conditional existing building Permit Proposed use of building Current use of building Description of proposed work F. Tarion Warranty Corporation (Ontario New Home Warranty Program) i. Is proposed construction for a new home as defined in the Ontario New Home [] Yes I~ No Warranties Plan Act? If no, go to section G. ii. Is registration required under the Ontario New Home Warranties Plan Act? FI Yes [.] No iii. If yes to (ii) provide registration number(s): OZl !~G'.~ Attachments i. Attach documents establishing compliance with applicable law as set out in Article 1.1.3.3. ii. Attach Schedule 1 for each individual who reviews and takes responsibility for design activities. iii. Attach Schedule 2 where application is to construct on-site, install or repair a sewage system. iv. Attach types and quantities of plans and specifications for the proposed construction or demolition that are prescribed by the by-law, resolution, or regulation of the municipality, upper-tier municipality, board of health or conservation authority to which this application is made. H. Declaration of applicant I certify that: (print name) 1. The information contained in this application, attached schedules, attached plans and specifications, and other attached documentation is true to the best of my knowledge. 2. I have authority to bind the corporation or partnership (if applicable). Date _Signature of applicant ] Personal information contained in this form and schedules is collected under the authority of subsection 8(1.1 ) of the Building Code Act, 1992, and will be used in the administration and enforcement of the Building Code Act, 1992. Questions about the collection of personal information may be addressed to: a) the Chief Building Official of the municipality or upper-tier municipality to which this application is being made, or, b) the inspector having the powers and duties of a chief building official in relation to sewage systems or plumbing for an upper-tier municipality, board of health or conservation authority to whom this application is made, or, c) Director, Building and Development Branch, Ministry of Municipal Affairs and Housing 777 Bay St., 2nd Floor. Toronto, M5G 2E5 (416) 585-6666. Application for a Permit to Construct or Demolish 06/07/05 Schedule 1' Designer Informat[f )4n Use one form for each individual ,vho reviews and takes responsibility for design activities with respect to the proiect. A. Project Information Building number, street name Municipality Postal code IUnit no. Lot/con. Plan number/other description B. Individual who reviews and takes responsibility for design activities Name I Firm Street address J Unit no. Municipality Postal code Province / E-mail / (Teleph°ne) number I~ax number /Cell(number) Lot/con. C. Design activities undertaken by individual identified in Section B. [Building Code Table 2.20.2.1] FI House [] HVAC- House [] Building Structural [] Small Buildings FI Building Services F"I Plumbing- House FI Large Buildings FI Detection, Lighting and Power FI Plumbing-All Buildings FI Complex Buildings [] Fire Protection [] On-site Sewage Systems Description of designer's work D. Declaration of Designer (print name) declare that (choose one as appropriate): I review and take responsibility for the design work on behalf of a firm registered under subsection 2.17.4. of the Building Code. I am qualified, and the firm is registered, in the appropriate classes/categories. Individual BCIN: Firm BCIN: I review and take responsibility for the design work and am qualified in the appropriate category as an "other designer" under subsection 2.17.5. of the Building Code. Individual BCIN: Basis for exemption from registration: [] The design work is exempt from the registration and qualification requirements of the Building Code. Basis for exemption from registration and qualification: I certify that: 1. The information contained in this schedule is true to the best of my knowledge. 2. I have authority to bind the corporation or partnership (if applicable). Date Signature of Designer 'For the purposes of this form, "individual" means the "person" referred to in Clause 2.17.4.7.(1 )(d), Adicle 2.17.5.1. and all other persons who are exemp from qualification under Subsections 2.17.4. and 2.17.5. NOTE: 1. Firm and Individual BCIN numbers are not required for building permit applications submitted prior to January 1,2006 2. Schedule 1 does not need to be completed by architects, or holders of a Certificate of Practice or a Temporary License under the Architects Act. Application for a Permit to Construct or Demolish Schedule 1 06/07/05 04S Schedule 2: Sewage System Installer Information , A. Project Information Building number, street name Unit number Lot/con. Municipality Postal code -~. Sewage system installer Plan number/other description Is the installer of the sewage system engaged in the business of constructing on-site, installing, repairing, servicing, cleaning or emptying sewage systems, in accordance with Building Code Article 2.18.1.17 [] Yes (Continue to Section C) .FI NO (Continue to Section E) FI Installer unknown at time of application (Continue to Section E) C. Registered installer information (where answer to B is "Yes") Name BCIN Street address Unit number ILot/con. Municipality Postal code Province E-mail Telephone number Fax Cell number ( ) ( ) ( ) D. Qualified supervisor information (where answer to section B is "Yes" Name of qualified supervisor(s) 1 Building Code Identification Number (BClN) I E. Declaration of Applicant: I declare that: (print name) I am the applicant for the permit to construct the sewage system. If the installer is unknown at time of application, I shall submit a new Schedule 2 prior to construction when the installer is known; I am the holder of the permit to construct the sewage system, and am submitting a new Schedule 2 now that the installer is known. certify that: 1. The information contained in this schedule is true to the best of my knowledge. 2. I have authority to bind the corporation or partnership (if applicable). Date Signature of applicant Application for a Permit to Construct or Demolish Schedule 2 06/07/05 Applicable Law Checklist Pursuant to Section G of an application to Construct or Demolish For use ~,' Principal Authority Address Date Application no. The following approval processes must be completed if they apply to this project, before a building permit can be issued. This listing is provided for convenience purposes only and does not necessarily describe every approval which may be necessary. For more detailed information about the application of these laws to any project, please contact the listed agency, or refer to the actual text of the legislation. For assistance in completing this form, please contact your municipal building department. Completing this form accurately and providing necessary documents will expedite the issuance of your building permit. [Please check [,/] the items that apply, and attach approval documents where applicable. ~EO C'-~-~M_U~PA~- ~, FORM OF APPROVAL REQUIRED DOCUMENTS RECEtVED '~' ] Planning & Zoning [] MINOR VARIANCE Planning Act s. 45 Where application doesn't comply with all zoning provisions [] ZONING BY-LAW AMENDMENT Planning Act s. 34 Where development requires amended zoning by-law [] DIVISION OF LAND Ref. Planning Act PaR VI Where land division required for zoning compliance [] PROVINCIAL ZONING ORDERS Planning Act s. 47 For areas covered by Minister's zoning orders [] SITE PLAN APPROVAL Planning Act s. 41 For development in site plan control areas [] Planning & Development Act Where Provincial planning control has been applied Heritage HERITAGE PERMITS [] Ontario Heritage Act s. 33, 34 Where property is designated under the Heritage Act [] Ontario Heritage Act s. 42 Where land is in a heritage conservation district Fortifications [] BUILDING FORTIFICATIONS Where building is fortified against entry Final & binding decision by Committee of Adjustment Contact: Local Planning Department Zoning by-law final & binding Contact: Local Planning Department Registration of Plan or Deed Contact: Local Planning Department Approval of the Minister Contact: MMAH Services Office in your region Approval of site plans by municipality Contact: Local Planning Department Approval of the Minister Contact: MMAH Services Office in your region Consent of Council to alter or demolish Contact: Local Heritage Committee or Clerk of Municipality Heritage permit issued by Council Contact: Local Heritage Committee or Clerk of Municipality Compliance with the local fortification by-law, if any Contact: Local by-law enforcement office CONSERVATION AUTHORITY ,,- FORM OF APPROVAL REQUIRED DOCUMENTS RECEIVED Conservation AUTHORITY PERMIT Conservation Authorities Act s. 28 Where construction is in a fill regulated area or floodplain, or may interfere with a watercourse Construction & fill permit Contact: Local Conservation Authority Office PROVINCIAL APPLICABLE LAWS ,,, FORM OF APPROVAL REQUIRED DOCUMENTS RECEIVED '~' I Agriculture & Food [] Nutrient Management Act 2002 s. 17 Farm buildings housing animals or animal manure [] Milk Act s. 14 Where building used as a milk processing plant Charitable Institutions [] Charitable Institutions Act s. 5 Where building is used for a charitable institution Ministry of A.qriculture & Food Ministry approval of nutrient management strategy Contact: John Johnson, P.Eng. 519-873-4096 Permit issued by the Director, MAF Contact: Food Inspection Branch 1-888-466-2372 Ministry of Health & Lonq Term Care Minister's approval of construction Contact: Long-Term Care Planning 1-877-767-8889 05O PROVINCIAL APPLICABLE LAWS [continued] APPROVALS REQUIRED DOCUMENTS RECEIVED '~' I Child Care Centres Day Nurseries Act s. 5 Where building is used for a daycare Education DEMOLITION OF SCHOOLS Education Act s. 194 Where a school is proposed to be demolished Environment Environmental Assessment Act s. 5 Major industrial or commercial enterprises & Government projects MOE CERTIFICATE OF APPROVAL Environmental Protection Act s. 9 Where building may discharge contaminants BROWNFIELD REDEVELOPMENT Environmental Protection Act s. 168 Where industrial or commercial property changed to residential or parkland use FORMER LANDFILLS Environmental Protection Act s, 46 Where building on former waste disposal site Funeral Homes Funeral Directors and Establishments Act s. 9 Where building houses funeral establishment Highways MTO PERMIT Public Transportation Act s. 34/38 Where construction is adjacent to a highway, or is within 800m of highway & will generate major traffic Hospitals [~ Public Hospitals Act s. 4 Hospital buildings [] Private Hospitals Act s. 22 Where house used as a private hospital Senior Citizens NURSING HOME LICENSING Nursing Homes Act s. 4, 5 Construction, alteration or conversion of building to nursing home RETIREMENT HOMES Homes forthe Aged & Rest Homes Act s. 14 Elderly Persons Centres Act s. 6 Where building used as a home for the aged Ministry of Children & Youth Services Ministry plan approval Contact: Regional Office in your area Ministry of Education Minister's approval of demolition Contact: Steve Mitchell, Architect 416-325-2015 Ministry of the Environment Minister's approval of Terms of reference & EA Contact: MOE Assessment & Approvals 1-800-461-6290 Certificate of Approval issued by MOE Contact: MOE Investigations & Enforcement 416-326-6700 Record of Site Condition filed with MOE Conformance with Certificate of Property Use Contact: Tim Krsul, MOE Central Region 416-326-4840 Minister's approval to use the land Contact: MOE Investigations & Enforcement 416-326-6700 Ministry of Consumer & Business Services Notify Registrar, MCBS Contact: Board of Funeral Services 1-800-387-4458 Ministry of Transportation Building & Land Use permit issued by MTO Contact: Local or Regional Office of MTO Ministry of Health & Long Term Care Minister's approval of construction Contact: Ministry of Health Capital Planning 416-327-8725 Minister's approval of alteration or renovation Contact: Ministry of Health Capital Planning 416-327-8725 Ministry of Health & Lonq Term Care License issued by Director, MOH Contact: MOH & Long Term Care Regional Office in your area Minister's approval of construction Contact: Planning & Renewal Branch 1-877-767-8889 DECLARATION BY APPLICANT PLEASE CHECK EITHER LINE 1 OR LINE 2 [] 1. All applicable law approvals have been completed, and approval documents are attached to this application. [] 2. The proposed construction or demolition requires one or more applicable law approvals which have not yet been completed. I have authority to act on behalf of the corporation or partnership with respect to this application (if applicable) Name: Signature: Date: Original - Municipality Copy - Applicant ATTACHMENT t ~ , ,,1'0 0 51 CITY ACTIVITY BASED COST[t'qG REVIEW OF DEVELOPMENT APPLICATION APPROVALS PROCESS (DAAP) USER FEES TEC. HNtCAI_ REPORT NOVEI'4BER, ~.( Ob PLANNING FOR GROWTH AND C.N. WATSON ASSOCIATES LTD. ECONOMISTS 4304 Village centre Court Mississauga, Ontario, Canada L4Z IS2 Telephone: (905) 272-3600 Fax: (905) 272-3602 e-mall: info@cnwatson.on.ca 05 TO EXECUT] VE SUMMARY C.N. Watson and Associates Limited, in association with Performance Concepts, was retained by the City of Pickering during 2005 to undertake an activity based costing review of its DAAP Building Code Act and Planning Act mandated user fees. An activity based costing methodology and Excel model have been developed to attribute costs from all relevant City departments to the appropriate DAAP fee categories. Direct operating costs, indirect support and overhead costs, non-growth capital replacement costs are all eligible for fees based recovery. This fees review will ensure the City achieves compliance with the building permit fee design provisions of Bill 124. The City will also be in a position to deal with Bill 124's 2006 budget impact re. cost recovery for Planning Act application review processes. Key deliverables/findings emerging from the DAAP fee review exercise are as follows: · A $1.2 million approximate shortfall of Planning Act DAAP revenues across all fee categories compared to ABC modeled costs. A $76,000 approximate shortfall of Building Code Act DAAP revenues compared to ABC modeled costs (including a modeled $166,000 annual stabilization reserve fund contribution). · Significant percentage increases in modeled "full cost" Planning Act fees, and a 6% across-the-board increase in modeled Building permit fee schedule. · A modeled Building Code Act stabilization reserve fund (target balance of $1.16 million accumulated over seven years). · A City staff"proposed" Planning Act DAAP fee schedule reflecting policy considerations. · A City staff"proposed" Building Code Act compliant fee schedule reflecting policy considerations. C.N. Watson and Associates Ltd. Picketing DAAP Fees Review - July 2005 Impact analysis of City staff proposed residential, commercial and industrial development scenarios - documenting the relatively minor increases in overall local government input costs associated the these development scenarios. A GTA survey of DAAP fee and development charge impacts on residential, commercial and industrial development scenarios - documenting the generally favourable positioning of the City in the Durham and broader GTA "market" vis-a-vis development community location decisions. This technical report, and the methodology/findings contained herein, has been shared with development community stakeholders as part of the City DAAP fees amendment process. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 O54 CONTENTS PAGE 1. INTRODUCTION TO DAAP FEES REVIEW 3 11 11 LEGISLATIVE CONTEXT FOR DAAP FEES REVIEW 2.1 DAAP Planning Act and Building Code Act fees ACTIVITY BASED COSTING USER FEE METHODOLOGY 3. ! Process Undertaken 3.2 Technical Evaluation of Full Cost Fees Model 6 11 DEVELOPMENT APPLICATIONS APPROVALS PROCESS USER FEES 16 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Bill 124 Cost Recovery Background Consolidated Full Cost DAAP Fee Calculations Reserve Fund Design Consolidated Full Cost Fee Calculations & Reserve Fund Recommended DAAP Fees Adjustments Impact Analysis of Proposed Fee Increases Inter-Municipal Survey of Development Process Fees 5. OVERALL DAAP FEE REVIEW CONCLUSIONS 34 C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 5055 1. INTRODUCTION 1.1 Introduction to Development Applications Approvals Process (DAAP) Fees Review C.N. Watson and Associates Limited, in association with Performance Concepts, was retained by the City of Pickering during 2005 to undertake an activity based costing review of its Building Code Act and Planning Act mandated user fees. The Development Applications Approvals Process (DAAP) fees review was in reaction to Bill 124 - new Provincial legislation amending key provisions of the Building Code Act. Bill 124 imposes new staff qualifications, imposes new permit processing turnaround times, and restricts fee design to only cover costs associated with "administration and enforcement" of the Building Code Act. Planning Act mandated development review processes, traditionally funded in part by surplus Building Code Act revenues, can no longer be funded in this fashion according to the provisions of Bill 124. This DAAP fees review will ensure the City achieves compliance with the building permit fee design provisions of Bill 124. The City will also be in a position to deal with Bill 124's 2006 budget impact re. cost recovery for Planning Act application review. The scope of the undertaking consists of providing the City with a legislative compliance framework for fees and charges mandated by the P/anning Act and the Bu#d/ng Code Act, as well as the development of an activity based costing (ABC) model for calculating "full cost" Development Applications Approvals Process (DAAP) fees. The work plan initiated by the consulting team consisted of seven interrelated tasks as follows: A facilitated workshop with City staff from multiple departments, reviewing the legislative provisions and operational/fee design implications of Bill 124. The workshop ensured all City staff has a common understanding re. significant operational and financial challenges inherent in Bill 124. The preparation of process maps for all Planning Act and Building Code Act fee categories contained in the City's DAAP fee by-laws. These maps reflect the major process steps employed by staff in issuing building permits, conducting inspections and C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 FIEPOFI? ~' PD_ Z'[t -CZ5 6 carrying out the enforcement provisions of the Building Code Act. The maps also reflect process steps associated with all major Planning Act applications. Using the above noted DAAP process maps, permit and application processing times for all involved staff in each category were calculated. Average time expended for a single run of the typical/average Planning Act and/or Building Code Act process was recorded. Single-run time was then applied against historical annual permit/application volumes to calculate total time spent per year per staff on Planning Act and Building Code Act mandated activities. Total time spent per involved staff member was then analyzed in terms of its relative share of that same staff member's available capacity time. This capacity review process was repeated 2-3 times to ensure accurate time allocation shares across all staff and DAAP application categories. 4. Indirect support and overhead costs were identified and allocated to direct DAAP departments using operational cost driver data. An ABC fees model was constructed in Excel. The key to the model is the flow of cost data according to the indirect cost drivers and the time estimated % share of available direct staff time noted in task # 3 above. The ABC model was used to produce full cost Planning Act and Building Code Act DAAP fee schedules. These full cost fee schedule impacts were analysed in terms of per unit residential, commercial and industrial scenarios. A Bill 124 compliant reserve fund for service delivery stabilization during an economic downturn was designed. A stabilization reserve fund target balance and accumulation strategy was prepared. A variety of Planning Act fee structures and discount scenarios were prepared and reviewed by City staff. A peer municipality "market" survey of development process fees was undertaken to ensure fees adjustments would not adversely impact on development location decisions involving Pickering. In accordance with the above noted tasks, this technical report will provide a detailed description of the fees review methodology, and will analyze the "full cost" DAAP fee schedules C.N. Watson and Associates Ltd. Picketing DAAP Fees Review - July 2005 705 ' calculated by the City's new ABC fees model. Reserve fund design and fees impact analysis will be provided in the report. A peer municipality development fees survey is also supplied. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 8 2. LEGISLATIVE CONTEXT FOR BUILDING FEES REVIEW 2.1 Section 69 Planning Act Fees Section 69 of the Planning Act, allows municipalities to impose fees through by-law for the purposes of processing planning applications. In determining the associated fee, the Act requires that: "The council of a municipality, by by-law, and a planning board, by resolution, may establish a tariff of fees for the processing of applications made in respect of planning matters, which tariff shall be designed to meet only the anticipated cost to the municipality or to a committee of adjustment or land division committee constituted by the council of the municipality or to the planning board in respect of the processing of each type of application provided for in the tariff." There is no specific requirement for actual cost justification within planning application fees, in that the Act only requires municipalities to have regard for the "anticipated cost" of providing the service. Therefore, such fees and charges will include direct costs, non-growth capital- related costs, support function costs directly related to the service provided and general overhead costs apportioned to the various DAAP processes. In addition, municipalities should have regard for legal precedents and impacts on the development market when establishing such fees. ]~t should also be noted that the payment of Planning Act fees can be made under protest with appeal to the Ontario Hunicipal Board (OMB). The OMB will hear such an appeal and determine if the appeal should be dismissed or direct the municipality to refund payment in such amount as determined by the Board. 2.2 Bill :t24 and the Building CodeAct Bill 124, the Building Code Statute Law Amendment Act, 2002 was given Royal Assent on ]une 27, 2002 and substantially amended the Building Code Act, 1992 as it relates to imposing fees. The changes provided within the Act, are as a result (in part) of the report recommendations of the Building Regulatory Reform Advisory Group (BRRAG), which were offered to address issues C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 9 of public safety, streamlining and accountability. While portions of the amendments came into force on September 1, 2003, and _luly 1st 2005, the amendments relating to fees comes into force on 3anuary ~.st, 2006. With respect to establishing fees under the BulTding Code Act, Section 7 of the Act provides municipalities with general powers to impose fees through passage of a by-law. The Act provides that: O50 "The council of a municipality...may pass by-laws (c) Requiring the payment of fees on applications for and issuance of permits and prescribing the amounts thereof; (d) Providing for refunds of fees under such circumstances as are prescribed;" The Building Code Statute Law Amendment Act, 2002 imposed additional requirements on municipalities in establishing fees under the Act, in that: "The total amount of the fees authorized under clause (1) (c) must not exceed the anticipated reasonable cost of the principal authority to administer and enforce this Act in its area of jurisdiction." In addition, the amendments also require municipalities to: Reduce fees to reflect the portion of service performed by a Registered Code Agency; Prepare and make available to the public annual reports with respect to the fees imposed under the Act and associated costs; and Undertake a public process, including notice and public meeting requirements, when a change in the fee is proposed. O.Reg. 305/03 is the associated regulation arising from the Building Code Statute Law Amendment Act, 2002. The regulation provides further details on the contents of the annual report and the public process requirements for the imposition or change in fees. With respect to the annual report, it must contain the total amount of fees collected, the direct and indirect costs of delivering the services related to administration and enforcement of the Act, and the C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 060 10 amount of any reserve fund established for the purposes of administration and enforcement of the Act. The regulation also requires that notice of the preparation of the annual report be given to any person or organization that has requested such notice. Relating to the public process requirements for the imposition or change in fees, the regulations require municipalities to hold at least one public meeting and that at least 21-days' notice be provided via regular mail to all interested parties. Moreover, the regulations require that such notice include, or be made available upon request to the public, an estimate of the costs of administering and enforcing the Act, the amount of the fee or change in existing fee and the rationale for imposing or changing the fee. Similar to the provisions for certain services under Part XII of the Municipal Act (i.e. water, sewer, waste management, fire and police) there is a specific requirement for cost justification when establishing Building Code Act fees. The Act specifically requires that fees "must not exceed the anticipated reasonable costs" of providing the service. As the requirements of the Act do not limit municipalities to the costs directly related to the service, as provided within the Municipal Act for licensing fees, it would appear that Building Code Act fees can include general overhead indirect costs related to the provision of service (e.g. council, corporate services, etc.). Moreover, the recognition of anticipated costs also suggests that municipalities could include costs related to future compliance requirements or fee stabilization reserve fund contributions. As a result, Building Code Act fees include direct costs, capital-related costs, indirect support function costs directly related to the service provided and general overhead indirect costs related to the service provided, as well as provisions for future anticipated costs. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 ACTIVITY BASED COSTING USER FEES METHODOLOGY 3.! Process Undertaken Cost A/location hlethodology An activity based costing methodology attributes costs from all relevant City departments to the appropriate DAAP fee categories. Direct operating costs, indirect support and overhead costs, non-growth capital replacement costs are all eligible for fees based recovery. Figure 3-A is instructive in this regard. Figure 3-A ABC Cost F/ow Diagram How Costs Fees IVlodel Step 1 Support Functions Flow Thru City's DAAP "B" Drivers Step 2 Overhead r. F,,,ctio,s[~ "A" Drivers', A%ve,,B,, Drivers "B" Drivers ~ "A" Drivers Step 3 Direct DAAP Departments Minutes Drivers Examples of DAAP Fee Schedule Categories Site Plan Sub-division Drivers rmlt s Drivers Residential Building Permit C,N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 06£ 12 Figure 3-A traces eligible fee recovery costs from support and overhead functions/business units to direct City departments engaged in Planning Act and Building Code Act mandated work. Support function and overhead costs are distributed according to operational cost drivers (e.g. IT costs distributed by relative share of personal computers supported by IT). Once support and overhead costs are nested with direct departments, these department costs must be distributed across DAAP fee categories or "buckets". This is accomplished by tracking relative staff time/effort across the various fee categories' sequence of process steps - hereby referred to as "service channels". Time Estimate Based Cost A/location The consulting team prepared time tracking estimates to capture each involved City staff position's relative level of effort in Planning Act and/or Building Code Act mandated work. In-depth discussions were held as to the scope and nature of various departments' involvement in Planning Act and/or Building Code Act mandated work. The time estimation worksheets set out the specific process steps in each DAAP fee category "service channel". Typical minute estimates per process step were recorded for all involved City staff - summing up to the time for a single "run" of a typical/average DAAP permit/application in each fee category. Time estimation process steps for Building Code Act work generally covered pre-application support, application receipt, zoning review, architectural/mechanical plans examination, grading review, permit issuance, all required inspections, and enforcement activity. Planning Act process steps, derived from detailed "customized" flow charts, were used to collect minute estimates. Single run time estimates per staff position were applied against historic application volumes to determine typical annual minutes per position spent on Planning Act and/or Building Code Act mandated work. Typical annual minutes per position were then compared against total annual available minutes per position (48 weeks X 35 hours X 60 minutes = total available minutes). This "capacity analysis" ensures realistic time/effort C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 13 063 estimates are provided for each staff position (i.e. approximately 100% or less of available capacity per involved position is finding its way into the fee calculations). Multiple iterations of capacity analysis results were collected, reviewed and finalized. Eligible costs for fee recovery (i.e. nested support/overhead costs plus direct department costs) follow the relative % share of each involved staff member's time estimates deployed across the DAAP fee categories and their respective service channel steps. Znvolved City Business Units in Planning Act and Building Code Act Mandated Activity Figure 3-B City Business Units Contributing Costs to DAAP Fees Categories Support & Overhead Functions/Business Units Direct Business Units Estimating Minutes per Typical Application (by category) Mayor/Council/Clerks Planning & Development Services - Planning, Building, Development Control, Information Support Chief Administrators Office Fire & Emergency Services Legal, Supplies & Purchasing Services Municipal Property and Engineering Human Resources, Tnformation Technology Culture & Recreation Print Shop/Mail, Property Services Finance, Customer Care Centre Support Function and Overhead Cost Drivers The choice of cost drivers for allocating support functions and overheads plays an important role in the calculation of"full cost" DAAP fees across all categories. These cost drivers are typically not based on staff time estimates/allocations. City staff positions from these business units do not participate directly in DAAP applications work C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 14 - however they do enable the direct departments to do so. Their cost driver data measures the relative consumption of support functions and overheads by direct departments. The relative share of a given cost driver (units of work) per direct department determines the relative share of support/overhead costs attributed to that direct department. This allocation is referred to as its "nested" support costs. Figure 3-C Support/Overhead FuncEons and Cost Drivers Used in Full Cost Fees Ca/cu/at/ons Support or Overhead Business Unit/Function Governance - Mayor/Council/Clerks (Step 2) Human Resources (Step Information Technology (Step 1) Print Shop/Mail (Step 2) Supplies & Purchasing Services (Step 2) Property Services (Step 1) Finance, Chief Administrator, Legal, Customer Care Centre (Step 2) Cost Driver Used in Full Cost Fees Calculation Relative # of Council/Committee Agenda Items by Department · Best available proxy indicator for the relative amount of effort Governance actors devote to the various departmental issues from across the City Relative # of departmental Staff Head Counts · Best available proxy indicator for the relative effort devoted to large/small City business units Relative Ct of Supported Computer Workstations · Best available proxy indicator of relative effort consumed per staffed workstation Relative number of Pieces Handled · Accurately measures effort across City business units Relative # Purchase Orders · Accurately measures relative effort applied across client business units Relative # of Square Feet in City Hall Maintained · Best available proxy indicator of relative maintenance effort consumed per department served Relative % share of gross operating budgets by department Support and overhead costs are stepped forward in the full cost fees model. Step 1 support functions (Human Resources, Information Technology, Property Services) are stepped forward to Step 3 direct departments (primarily) and Step 2 support functions (partially). Step :t functions do not allocate drivers/costs to each other. Step 2 overhead functions allocate their nested costs from Step 1 and their own costs forward C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 065 to Step 3 direct departments. Step 2 functions do not allocate to each other, nor do they allocate backwards to Step ! functions. Figure 3-D provides a simplified visual perspective on how support and overhead costs step forward in the City's full cost ABC fee model. Other Step 2 functions not included in the diagram would have identical cost flow patterns. Figure $-D Step Cost A//ocat/on Diagram Rules for Attributing Support Functions: STEP hlethodo/ogy Nested Adjusted Driver Pool Costs from Step 1 Driver Pools (% Budgetl Low % Costs Finance 100% Finance Costs Move Forward To Step 2 '~ Move Forward To Direct Depts No Allocation Within Step! Remove Their Drivers From Driver Pool Totals No Backwards Or Within Step Allocations! Adjusted Driver Pool Driver (% FTE) Nested Costs Pools Low % Costs Move Forward To Step 2 Governance 100% Admin Costs Move Forward To Direct Depts Driver Pool (% Sq Feet) Low%Costs ~ '::'~ ;' ~ '~ J" High % Step 1 Move Forward lo Step 2 ~1 Costs Flowil~g to Step 3 Direct Depts C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 16 3.:1. Technical Evaluation of Pickering Based Costing (ABC) DAAP Fees Model The following table provides an independent technical evaluation of the City's ABC "full cost" fees model (design). The evaluation is based on emerging municipal best practices around DAAP Planning Act and Building Code Act user fees design. The evaluation criteria are as follows: · Fee category/bucket selection and documentation · Cost driver selection and documentation · Support & overhead cost attribution methodology · Capital cost attribution methodology · Defendable time estimates for allocating direct department costs to fee categories/buckets The findings in Figure 3-E lead to a determination that Pickering's ABC modeling assumptions, design decisions and data provision provide a strong justification for "full cost" DAAP user fee calculations and compliance with Bill 124 fees provisions. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 068 I IODELED FULL COST FEE SCHEDULE & ]:I IPACT ANALYS]:S 18 4,:[ Bill :[24 Cost Recovery Background GTA and other Ontario municipalities have traditionally used building permit revenues (in excess of Building Department costs) to assist in funding under-recovering early stage DAAP work mandated by the Planning Act. With the recovery of full processing costs related to P/ann/n_q Act applications perceived as onerous by applicants whose land holdings had not yet accumulated a significant share of expected value, this traditional municipal sector approach had merit. :It recognized that at the building permit stage in the development process, the applicant's cash flow and ability to pay based on land capitalization are typically well established. IVloreover, other development related fees (e.g. Development Charges) are also typically collected at this point in the service channel, which further streamlines the process of collections for the municipality and the applicant. Regrettably, the Bill :[24 amendments to the Building Code Act do not recognize that in practice Planning Act and Building Code Act development review activities function together as a single integrated review process - DAAP. Section 7 of the Building Code Act now restricts the use of building permit revenues to recover only the "anticipated reasonable costs" of services mandated by the Building Code Act. Moreover, Building Code Act revenues, direct costs, indirect costs, and reserve fund balances must be reported to the Province on an annual basis. The cost accounting discipline required to comply with Bill :[24 has revealed significant cost recovery issues that need to be addressed within the Planning Act defined component of the DAAP service channel. Our firms' Planning Act fee review experience in other GTA jurisdictions has revealed cost recovery shortfalls of 60% or more. Pickering's Planning Act fee recovery performance is consistent with our findings elsewhere. 19 069 4.2 Consolidated "Full Cost" Planning Act and Building Code Modeling Figure 4-A documents the full cost components of the modeled fees. Figure 4-A Consol/dated Fees Impact DAAP Fee ]:mpact: Cost & Revenue Summary (Full Cost, With Bill 124 Reserve Fund) Modeled Modeled Model/ Curt ~:nt Mode/ed Costs: Total Costs.. Budget Fee Descnption Costs: Non- Mode/ed Fee Direct Indirect ,~k growth Costs ( Overheads Revenues C~Tpitg/ P/anningAct L228,653 265,64] 7,740 ],502,034 262,293 Fees Building Code 1,029,455 ]93,821 7,995 1,23],271 :[,320,862 A~ Fees Direct operating costs originating ~n multiple City departments total $1,228,653 across all Planning Act fee categories. ~[ndirect and overhead costs of $265,64:[ have been stepped across direct departments and onwards into the various fee categories. Support costs represent less than one third of total modeled operating costs. Non- growth capital replacement costs (annual annuity) are $7,740. Total modeled operating costs are $1,502,034. Direct operating costs originating in multiple City departments total $1,029,455 across all Building Code Act fee categories. Support costs of $193,821 have been stepped C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 20 across direct departments and onwards into the various fee categories. Support costs represent approximately one fifth of annual modeled operating costs. Non-growth capital costs (annual annuity) are $7,995. Total modeled operating costs are $1,231,271. 4.3 Reserve Fund Design Bill 124 municipal financial reporting regulations recognize the legitimacy of creating a municipal reserve fund(s) to manage Building Code Act responsibilities. However, the Act and its regulations are silent on the design/rationale of reserve funds. Some latitude therefore exists around rationale, along with an obligation to quantify reserve fund target balances. It is recommended that the establishment of ongoing contributions to a flu//d/n9 Code Act Fee Stabilization Reserve Fund (FSRF) become a critical component of the City's Bill 124 preparedness strategy. The FSRF would be created specifically for smoothing any shortfalls within the Bu//d/ng Code Act fees, and would not be available to fund any other municipal financial priorities. The rationale for a FSRF is to reduce the staffing and budgetary challenges associated with an economic downturn and legislative service level compliance. Without such a reserve fund, reduced growth and permit volumes during a downturn could result in severe budgetary pressures and the loss of certified Building Department staff, which would be difficult to replace during the subsequent economic recovery. Establishing a reserve fund will provide the City with the ability to retain a sustainable portion of the qualified staff across an economic downturn (service delivery continuity), while recognizing the municipality's need to manage resources during times of economic downturns either through redeployment or attrition - until permit volumes improve during an economic recovery. A number of key reserve fund design issues need to be considered in establishing a Bui/d/n9 Code Act FSRF, these include: C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 21 07i 1. Rationale for Reserve Fund- Degree of Risk Mitigation 2. Ultimate Reserve Fund Balance- Target Design Based on Empirical Experience 3. Pace of Reserve Fund Accumulation - Forecast Annual Contributions Reserve Fund Rationale Recent economic history suggests that an economic downturn lasting a number of years is a definite possibility, Figure 4-B illustrates the reduction in permit activity that occurred in Pickering during the early 1990s recession. Figure 4-B Lost Picketing Permit Processing Volumes in Previous Recess/on Determine Reserve Fund Target Balance by Looking at Past Recession Residential Building Perrrit Information For Pickering 1985-2004 19~ 1~ 1087 1988 1~.9 1090 1901 1~ 1[~ 1~ 1~J5 1~ 1~7 1~ 1~ ~ ~1 ~2 ~3 ~ ~- Total A~e Soume: Statscan Building Permit Data In comparing the economic downturn experienced during the 1989-94 period compared to the 20-year annual average rate of development, approximately 1.5 years of cumulative permit volumes were lost. The City's proposed new stabilization reserve fund will need to manage the risk associated with a similar recession occurring at some C.N. Watson and Associates Ltd. Picketing DAAP Fees Review - July 2005 07 22 unspecified point in the future. The City will need to retain certified and skilled labour through such an economic downturn. However, given the depth and length of the previous recession, there will be a responsibility on the part of the City to manage a portion of these ongoing staff costs either through attrition or redeployment. We assume 25% of direct departments DAAP costs will be managed internally by the City during an economic downturn. Ultimate Reserve Fund Balance - Optimal Target Given the primary rationale for creating a fee stabilization reserve fund (mitigating the financial and operational risk associated with an economic recession), the targeted reserve fund balance should reflect the reduction in permits witnessed during the last recession when compared to the long-run development average - acknowledging again the City's responsibility to manage a portion of the costs associated with an economic downturn. Therefore, to ensure that sufficient reserves are established for these purposes, the City should accumulate a reserve balance equivalent to approximately 1.13 years of Building Code Act DAAP direct costs. Based on the modeled activity based direct costs of approximately $1.029 million annually; this would translate into a current FSRF target balance of approximately $1.16 million ($1.029 million X 1.13 years). The ultimate reserve target is 1.13 years of direct operating cost, not the current $1.16 million current representation of this multiple. Pace of Reserve Fund Accumulation Pickering needs to consider the reality that, since the end of WWf~[, each Canadian economic "business cycle" expansion has averaged 9-:[2 years in duration. A prudent review of economic conditions suggests the City accumulate the FSRF target balance as soon as possible. However, the future development volume increases associated with the new Seaton community are still some years away (as are the unavoidable staffing increases required to process this development). For reasons of economic fairness, future Seaton applicants should significantly fund the FSRF - not just current applicants. Therefore, compared to other GTA jurisdictions, a moderate pace for FSRF accumulation C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 23 070 is appropriate. ]~n order to balance the "go fast" business cycle and "go slower" fairness factors - a seven year FSRF accumulation strategy has been modeled. The annual FSRF contribution would be $166,000 annually. The establishment of the recommended FSRF and timely progress towards the target balance requires relatively minor 6% across-the- board building permit rate increases. Rate adjustments would have to be considerably higher than 6% if the FSRF target balance were to be accumulated more quickly than the modeled seven years. Tt should be noted that once FSRF target balance has been achieved, the City should review the ABC user fee modeling to assess the rate changes necessary to maintain legislative compliance. Optional Po/icy Issue: Planning Po/icy "Genera/Benefit" The Planning Act defined DAAP process creates a primary economic benefit for applicants. These applicants should therefore be expected to cover the majority of DAAP costs through DAAP fees. However, a secondary or "general" benefit is also enjoyed by existing development - i.e. the quality of life benefits inherent in a well- designed community featuring properly conceived controls on development. Tt is therefore possible to consider/model ongoing funding from existing development for a minority portion of Planning Act DAAP (via property taxes). Tn some GTA municipalities the concept of "general benefit" has been recognized by including all Planning policy time in fee calculations and then discounting all fees - typically by 15-20%. Other GTA jurisdictions have not recognized "general benefit" at alt in their DAAP fees calculations - a position not supported by the consulting team. Pickering has opted to recognize "general benefit" by excluding the majority of the City's planning policy time in the DAAP fee calculations - thereby avoiding an across-the-board discounting of the fee schedule. While the mechanism used to recognize "general benefit" is different in Pickering, the modeling impact is similar - ongoing property tax support for policy activities that significantly benefit existing development. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 O74 24 4.4 Consolidated Full Cost Building Fee Calculations (Including FSRF Contribution) Figure 4-C documents the full cost components of the DAAP consolidated modeled fees, including recommended Building Code Act reserve contributions. Modeled direct/indirect/non-growth capital costs remain the same as the Figure 4-A "no policy" scenario. Planning Act fees generate an annual under-recovery of $1.239 million based on historic modeled revenues of $262,293. This $1.239 million under-recovery represents an ongoing potential property tax funded subsidy to Planning Act DAAP applicants unless fee rates are adjusted. Without fee adjustments, this Planning under- recovery results in 2006 budget exposure beginning January 1st 2006 because Building Code Act surpluses are no longer available to cover the Planning Act shortfall under Bill 124. Therefore, Planning Act fee adjustments are relatively urgent from a fiscal perspective. For Building Code Act fees, tile modeled ABC full contribution of $166,406 (accumulated over 7 years) deficit when applied against historic revenue streams. costs and FSRF reserve fund results in a $76,815 modeled C.N. Watson and Associates Ltd. Picketing DAAP Fees Review - July 2005 075 Figure 4-C Consolidated Full Cost DAAP Calculations Including FSRF Contribution DAAP Fee Impact: Cost & Revenue Summary (Full Cost, With Bill 124 Reserve Fund) Modek~t Modeled Mode£~d Ro,~:tv~/ Total Fee Co~s: Co~s: Co~s: l:u¢¢ d Buret De.apron Di~ ]nd~Pe~ & Non~wth ¢~l~[ r/bz~t Dn No~ F~ P~nningA~ L228,653 265,~ 7,740 1,502,035 262,293 Bu~ing C~e 1,029,455 193,821 7,995 i ~;~6,406 1,397,677 1,320,862 4.5 DAAP Planning Act & Building Code Act Fee Increases 4.5.1 Modeled "Full Cost" DAAP Fees In order to improve DAAP fee cost recovery performance, thereby avoiding unintended taxpayer subsidization of DAAP applicants, Planning Act application and Building Code Act permit fee increases are required. Figure 4-D below presents modeled Planning Act "per application" fee schedule and percentage increases (by application category) and their associated existing-versus-new impacts. Fees are calculated in the ABC model on a per application basis, and will require adjustments by staff to fit individual, customized fee structures within the City's Planning Act fee schedule. Building Code Act adjustments are calculated on an across-the-board "portfolio" basis (not permit category specific) - a blended approach consistent with the broadly defined Section Building Code Act cost/revenue balancing provisions. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 07',0 26 F/gure d-D Mode/ed DAAP "Full Cost" Fee Schedule iDAAP Full Cost Fee Adjustments Full % Current Cost Chan.qe 4,5.2 City Proposed DAAP Fee Schedules City staff and the consulting team have adapted the "full cost" modeled fee schedules to conform to the specific structures of the City's current Planning Act and Building Code Act fee schedules. The City's Planning Act fee structure features a mix of base and per unit fee components in a variety of application categories. Future green-field application categories (e.g. subdivision or site plan) have been configured to recover 100% of modeled costs. Other application categories have been configured to discount cost recovery in order to encourage compliance and discourage un-regulated "underground" land uses. Selected Building Code Act permit fees have been adjusted to promote greater fairness across the fee schedule, while also generating revenue increases required to fund the FSRF. Figures 4-E and 4-F set out the proposed City DAAP fee schedules. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 27 077 Figure 4-£ Proposed £ity Planning Act DAAP Fee $¢he#ule C u rrent Proposed Fee Fees Plan of Subdivision - Per Unit Fee 50 135 .-_ A_~r eT_~ e.n_t_ F_ .e__e ............................ _3 ,_0_0~ ~ ........ ] ,_0_0 _0 _- __A~p .p_ r_o.v a ! _p_ _a_c_k a g e- Fee 374 374 -__/~_s s~ .u~ ~ pt io~n_ P~aa c_k._a_g_e_ Fe_e .................... !:O_Z? ..... ~1_~ 0_7__0. _: __C I e__a. r a~n_c_e_.R_ ~ I e_a s- e~F _e_e_ ........................ .1_,090 Minister Zoning Order - Minor 200 1,000 Site Plan - Residential - Base Fee 900 2,500 - Commercial - Base Fee 6~ ..... __-_pe~rr_2_ 0~0_0_m.~F_e_~ ...................... 65_ __ 85_ __ 0 - Industrial - Base Fee 62-~ _%Ag r~e._e__rn. ~e_n ! F_e_e. - Per 2,000mz Fee - 500 - Revisions -7-K4i~;0r- 2-56 .......... Land Severance - For Clearance of Conditions 300 300 : ~Fgr_ 9o__mm_~nA Minor Variance - Existing Building 350 350; __-_ T~_a..b_lj n~g .......................... 2~0'i Picketing Official Plan Amendment 3,500 8,000 Part Lot Control By-Law - Base Fee 300 525 ._7 _P~ r ~U_ ~ i.t. _ .F._e_e Z~n_i~g B_YzL.__ay~.A_m~.~.d_.m. ent ....... 1,650 5,000 - Recirculation ..... 5~O Zonin~ By-Law Remove Holding Symbo 500 2,225 C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 075 28 Figure 4-t= Proposed City Building Code Act Fee Schedule Proposed Building Fee Schedule Note: Other fees also being proposed for additional Bill 124 requirements (eg equivalent aulhority) 4.6 Impact Analysis of Proposed Fee Increases fn order to understand the impact of the modeled Planning Act and Building Code Act fee increases, the consulting team has prepared an analysis that considers the complete range of municipal input costs imposed on a new development unit. These municipal sector input costs for a new development unit include City/Region/Education Development Charges, Planning Act fees, and Building Code Act permit fees. Per unit changes in the overall municipal input costs faced by an applicant (rather than % change in isolated City proposed fee rates) provide the most meaningful impact analysis from the perspective of both the applicant and the City. Figure 4-G illustrates the impact of the proposed Planning Act and Building Code Act fee adjustments on a typical residential detached unit in a 200-unit sub-division. The modeled change in the subdivision and building permit fees ($247 combined impact per C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 075 unit) would represent a 1% increase in associated with this development scenario. the overall municipal input costs actually F/gure 4-G Impact o£ Mode/ed Plann/ng Act Fee Increases on a Res/dent/a/Detached Per Unit Impact on Single Detached Residential Unit Based on a 200 unit sub-division Figure 4-H (below) documents the impact of the "full cost" modeled Planning Act and Building Code Act fee increases on a retail commercial property of 1,000 square metres. Planning Act fees consist of Site Plan and Rezoning. Development Charges (City/Region/Education) and Building permit are also deemed owing. Overall municipal input costs increase by $7,010 or 9 percent. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review- July 2005 08O 30 R'gure 4-H Impact of Bode/ed Plann/ng Act Fee Increases on a Rets~~ Commercia/ Property ]:mpact on a Retail Commercial Property Based on Z~O00 square meters Figure 4-[ (below) documents the impact of the "full cost" Planning Act fee increases (full cost scenario) on an industrial property of :t0,000 square feet. Planning Act fees consist of Site Plan and Rezoning approvals. Development Charges (City/Region/Education), Parks approval and Building permit are also deemed owing. Overall municipal input costs increase by $8,475 or 3 percent. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July' 2005 31 Figure 4-I Impact of Planning Act fee Increases on an Industrial Property Impact on a Industrial Property Td.,::t I 310,2r/'l 318,7021 8,475l Based on 10,000 square meters ($83.$O/sq. ft.) 4.7 Inter-Municipal Survey of Development Process Fees In establishing Bill 124 compliant Building Code Act fees and setting sustainable cost recovery rates for Planning Act fees, it is critical that staff and Council understand the positioning of its proposed fee structures compared to the municipal market. Figures 4-.], 4-K, 4-L set out the fee structures of municipal comparators for a typical residential, commercial and industrial property respectively. The development input costs in each jurisdiction include Planning Act DAAP fees and Building Permit DAAP fees - as well as Education and Region/City development charges. The municipal development fees survey results point to the following overarching conclusion' C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - Jul), 2005 08 Applicant development Fee input costs (including DAAP Fee structures) do not place the City at a competitive disadvantage in any o£ the three benchmarked development categories. Applicant location decisions are influenced more by Development Charge input costs than DAAP fees. 32 Across the survey it is important to note that some jurisdictions have recently adjusted Planning and Building fees as part of their Bill 124 preparedness efforts, while others have not. Known adjustments have already been made in Toronto, Vaughan, Brampton, Milton, Whitby, Ajax, Halton Hills, and Burlington. Adjustments to DAAP fees are imminent in a number of other jurisdictions or not yet known. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 083 0 m · 0 '5 ~ 0 ~ 0 [ L L I [ I 084 I :1 (1soo IlnJ) uoPaleO I l o o o o I I I bi I o. q o o o. q 0.85 0.8%. Overall DAAP Fee Review Conclusions 36 The activity based costing fees model prepared for the City has been used to calculate "full cost" DAAP fees, in order to ensure compliance with Bill 124 and address a systemic under-recovery of Planning Act application costs. These fees have been calculated within the City's new Excel based model using 2005 budget data. Future Bill 124 reporting requirements can be met by loading the model with actual year-end data for the reporting period (initially at the conclusion of 2007). Proposed Building Code Act fee rates (applied to historic volume levels) can accommodate 100% of the ABC modeled operating costs, as well as the $166,000 annual FSRF contribution required to achieve the proposed $1.16 million accumulation target in approximately 7 years. Proposed Planning Act fee increases are necessary to avoid/moderate a "full cost" 2006 property tax subsidy modeled at approximately $1.2 million. The impact of the recommended DAAP Planning Act and Building Code Act fee increases can only be properly understood by analyzing the impact of municipal input costs to new development on a per unit basis. For instance, the recommended fee increase results in only a 1% increase in the total municipal input costs for a typical residential detached unit. Overall municipal input costs (driven by development charges and not DAAP fees) for this residential detached unit represent less than 10% of the overall price of a $300,000 house. The impact of recommended fee increases on total municipal input costs for a typical retail commercial property of 1,000 square metres is 9%. The impact on a typical industrial property is 3%. The driving factor behind municipal input costs for ICI development is not DAAP fees (current or proposed), but rather the quantum of City/Region/Education Development Charges. A survey of GTA and other peer municipalities reveals that the recommended DAAP fee increases will not materially impact the City's overall fees "market" position in Durham or the GTA. C.N. Watson and Associates Ltd. Pickering DAAP Fees Review - July 2005 REPORT TO EXECUTIVE COMMITEE Report Number: PD 47-05 Date: November 29, 2005 O87 Neil Carroll Director, Planning & Development Subject: Pickering Official Plan New Consolidation (Edition 4) Informational Revision 12 (Housekeeping Matters) Recommendations: 1. That Council RECEIVE Report PD 47-05 regarding Informational Revision 12 (Housekeeping Matters) for inclusion in Edition 4 of the Picketing Official Plan for information; and 2. That Council ADOPT Informational Revision 12, as set out in Appendix I to Report PD 47-05, for inclusion in Edition 4 of the Pickering Official Plan. Executive Summary: Not Applicable. Financial Implications: Not Applicable. Background: 1.0 Edition 4 of the Pickerin.q Official Plan has been compiled. Edition 4 incorporates approval of amendments by the Region of Durham or the Ontario Municipal Board, and further approval of deferrals or part of deferrals to the Pickering Official Plan. Key sections of the Official Plan affected are as follows: · Parts of the Rouge Park Neighbourhood, north of Finch Property and Map Realty/Beam Estate Property); · Part of the Amberlea Neighbourhood (Taylor Property); · Part of the Woodlands Neighbourhood (Northeast Quadrant); · Duffin Heights Neighbourhood; and · Net residential density definition change. Avenue (Barber A detailed summary of the above changes are attached (see Attachment #1 ). 08° Report PD 47-05 Date: November 29, 2005 Subject: Informational Revision 12 to the Pickering Official Plan Page 2 2.0 New informational revisions are required to keep the Plan current. The Pickering Official Plan contains a combination of official policy and other information. The "official policy" includes the bolded and numbered policies, and the schedules (land use structure, transportation system, resource management, and various rural settlement plans). These matters must be changed by a formal amendment under the Planning Act. However, Council may change the maps by a Council resolution (as opposed to a formal amendment process under the Planning Act for the schedules and policy). In addition, contextual information on the schedules may be updated without formal amendment. During the preparation of Edition 4, a number of changes were required to keep the maps current. In particular, these changes reflect the following: construction of new subdivision streets; · construction of City parks and facilities; · identification of new proposed City parks and facilities; · addition of other contextual information not previously appearing on a map; · addition or deletion of certain proposed road connections in light of new information about an area. These specific changes and the maps affected are detailed in Appendix I to this Report. The changes are identified, and revised maps are provided for information (see Attachments #1 to #15). After receiving this Report for information, it is recommended that Council adopt these Informational Revisions for inclusion in Edition 4 of the Pickering Official Plan. APPENDIX: Appendix I' Information Revision 12 to the Pickering Official Plan Attachments: 1. Summary of key changes to 2. Map 11 Neighbourhood 1: 3. Map 12 4. Map 13 5. Map 14 6. Map 15 7. Map 16 8. Map 17 9. Map 18 10. Map 19 11. Map 20 Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood Neighbourhood the Pickering Official Plan Rosebank 2: West Shore 3: Bay Ridges 4: Brock Industrial 5: Rougemount 6: Woodlands 7: Dunbarton 8: Town Centre 9: Village East 10: Highbush Report PD 47-05 Date: November 29, 2005 Subject: Informational Revision 12 to the Pickering Official Plan Page 3 089 12. Map 21 13. Map 22 14. Map 23 15. Map 24 Neighbourhood 11: Amberlea Neighbourhood 12: Liverpool Neighbourhood 13: Brock Ridge Neighbourhood 14: Rouge Park Prepared By: Grant McGregor, MCIP~RPP Principal Planner- Policy Catherine Rose, MCIP, RPP Manager, Policy GM:jf Attachments Approved / Endorsed By: N e i'l~C a r~-~o I~l','~r~;' R.J~P '- Director, Planhi~-¢' & Development Recommended for the consideration of Pickering City Council APPENDIX I TO REPORT NUMBER PD 47-05 INFORMATIONAL REVISION 12 TO THE PICKERING OFFICIAL PLAN INFORMATIONAL REVISION 12 TO THE PICKERING OFFICIAL PLAN 09i PURPOSE: LOCATION: BASIS: ACTUAL REVISION: The purpose of this revision is to change the informational text and make informational mapping revisions to the Pickering Official Plan in order to keep the Plan current, such as: additions or deletions to the City's road network; add, delete or revise references to existing, proposed or closed community parks and facilities; and other matters of a similar technical or housekeeping nature. Numerous references through the Plan in both the explanatory text and on the maps. Over two years has passed since Edition 3 of the Pickering Official Plan was prepared. In reviewing the informational text and maps contained in that version, various housekeeping and technical revisions have been determined to be necessary and appropriate for inclusion in the new consolidation of the Pickering Official Plan (Edition 4). The Pickering Official Plan is hereby revised by: On Page 202, update the description of the Duffin Heights Neighbourhood by adding a new seventh bullet point so that it now reads as follows: Council has adopted "Duffin Heights Neighbourhood Development Guidelines", which apply to lands on both sides of Brock Road. On Map 11, add two "Park" symbols to the Rouge Park Area; On Maps 12, 16, and 17, add a "Swimming Pool" symbol to Dunbarton High School; On Maps 13 and 14, add two "Marina" symbols in recognition of marina facilities south of Wharf Street and east of Liverpool Road; 0 9 2 Appendix I to Report PD 47-05 Subject: Informational Revision 12 to the Pickering Official Plan Page 2 o o 10. 11. 12. On Map 14, remove "New Road Connections (Proposed)" south of Bayly Street, west of Church Street and a add new Church Street connection to Clements Road; On Maps 14, 18, 19, and 22, add "Swimming Pool" and "Arena" symbols to the Pickering Recreational Complex; On Map 15, add a "Park" symbols to the Rouge Park Area; On Map 17, partially replace "New Road Connections (Proposed)", east of Fairport Road with a new street named "Goldenridge Road" and add "New Road Connections (Proposed)" from Fairport Road to Goldenridge Road; On Map 20, replace "New Road Connections (Proposed)" with an extended Rockwood Drive, north of Hogarth Street and a "Park" symbol on the east side of Sparrow Circle; On Maps 21 and 24, partially replace "New Road Connections (Proposed)" with new streets named "Rougewalk Drive" and "Mahogany Court", west of Rosebank Drive and north of Finch Avenue; On Maps 21 and 22, replace "New Road Connections (Proposed)" west of Whites Road and north of Finch Avenue with a new street named "Sunbird Trail"; and On Map 23, add a "Park" symbol on Ontario Hydro transmission corridor lands, east of Liverpool Road. DETAI~£D $~ARY OF KEY ~HA~GE$ 0 9 Deferrals/ Neighbourhood Appeals/ Explanation Status Amendments Rouge Park i Appeal 1 i Appealed Rouge-Duffins i Approved: (Map Realty/Beare i i Wildlife Corridor boundary i Ontario Municipal Board Estate Property) i i delineation i approved Rouge-Duffins ii i Wildlife Corridor boundary on ~ i July 24, 2003 Rouge Park i Appeal 14 i Deferred lands designated i Approved: (Barber Property) i related to i Open Space: Natural i Appeal withdrawn and i Amendment 11 i Areas and proposed road i affected portions came into i i connection policy i effect on June 28, 2004 Amberlea i Appeal 1 and i Appealed Rouge-Duffins i Approved: (Taylor Property) i Deferral 36 i Wildlife Corridor boundary i Ontario Municipal Board ¢ i delineation and deferred iapproved Urban Residential i lands designated Whites lAreas: Low Density Areas i i Road North Urban Study land Open Space: Natural i i Area and Open Space: i Areas designations and i NaturalAreas i approved the limits of the i i Rouges-Duffins Wildlife i i Corridor to coincide with the i i i limits of the Open Space: i ¢ i Natural Areas designation on i i June 18, 2003 Woodlands i Appeal 13 i Appealed Amendment 10 i Approved: (Northeast i related to i containing new land use i Appeal withdrawn and Quadrant) i Amendment 10 i designations and i affected portions came into i ii neighbourhood policies for i effect on November 5, 2003 i i the northeast quadrant i Duffin Heights i Parts of i Deferred lands designated i Approved: i Deferrals 31 i Regional Node 1 and Open i Regional approval of the i and 39 and i Space: Natural Areas and i deferred as it affects the i Deferrals 16 i deferred road designations i Duffin Heights Neighbourhood i and21 ¢ and neighbourhood policies i came into effect on i August 6, 2003 All Neighbourhoods i Amendment 12 i Policy change to the i Approved: i i definition of net residential i Exempt from Regional i i density so that accessory iapproval and came into i dwellings units are not ! effect on November 1, 2004 i i considered a dwelling uniti ! i for the purpose of densityi i icalculations P A,'rTACHMENT ,9 ,~'~ TO REPORT # PD /-/7,' ~ MAP 11 NEIGHBOURHOOD 1: ROSEBANK ROUGE PARK / / / PErT/COAt CREEK CONSERVA T/ON AREA \ LAKE ON[ARIO LEGEND NEW ROAD CONNECTIONS (PROPOSED) DETAILED REVIEW AREA LANDS FOR WHICH COUNCIL HAS ADOPTED DEVELOPMENT GUIDELINES (REFER TO COMPENDIUM DOCUMENI) SYMBOLS NEICH[JOURk4OOD BOUNDARY ,:~UE3LICscHooL ELEMENTARY SERARATE ELEMENIARY A SCttOOL COMMUNITY CENTRE PARK PROPOSED PARK PLACE OF WORSHIP FIREHALL SENIOR CENTRE NOTE: LAND USE DESIGNATIONS] APPEAR ON SCHEDULE I j PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven -- Urban Neighbourhoods REPOR? # PD___~£~.~, . MAP 12 NEIGHBOURHOOD 2: WEST SHORE / / / ONTARIO LEGEND NEW ROAD CONNECTIONS (PROPOSED) DETAILED REVIEW AREA SYMBOLS NEIGI4BOURHOOD I BOUNDARY OF WORSHIP SECONDARY SCHOOL PARK PROPOSED PARK YACHT CLUB FIREHALL SENIOR CENTRE LIBRARY SWIMMINO POOL NOTE: LAND USE DESIGNATIONS] APPEAR ON SCHEDULE I J PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven -- Urban Neighbourhoods 09~ ~13 NEIGHBOURHOOD 3: BAY RIDGES LEGEND SYMBOLS NEW ROAD CONNECTIONS NEIGHBOURI~IOOD (PROPOSED) I BOUNDARY DETAILED REVIEW AREA OF WORSHIP (PROPOSED) & SEPARATE ELEMENTARY ~ HISTORIC VIL~OE GO--TRANSI r STATION COMMUNIT~ CENTRE PARK PROPOSED PARK MARINA ARENA YACHT CLUB FIREI4ALL NOIE: LAND USE DESIGNATIONS] APPEAR ON SCHEDULE I PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven -- Urban Neighbourhoods ATTACH~ENT # 5 ~T0 REPORI # PD z/'7 "o_5~ ..... IVLAP 14 NEIGHBOURHOOD 4: BROCK INDUSTRIAL 097 IL,EGEND NEW ROAD CONNECTIONS (PROPOSED) DETAILED RE'VIEW AREA CiTY OF PICKER~NG PLANNING & DI~v'ELOPMENT DEPARTMENT "dr SYMBOLS NEIGHBOURHOOD [~ BOUNDARY COMMU Nll~ CENTRE OF WORSHIP PARK P U Bt.,C ELEMENTAF~y [~l SCHOOL MARINA SEPARATE ELEMENTARY u~] SCHOOL ARENA HISTORIC VILLAGE ~.] FIREHALL ~_ZL~ ClV,C COMPLEX CO--TRANSIT STATION -- ~ CENIRAL LIBRARY ~ RECREATION SENIOr, CENTRE COMPLEX LAWN BOWLING ['~ SWIMMING POOL [ NOTE: LAND USE DESIONATIONS APPEAR ON SCHEDULE PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven - Urban Neighbourhoods O95 MAP15 NEIGHBOURHOOD 5: ROUGEMOUNT LEGEND SYMBOLS NEW ROAD CONNECTIONS (PROPOSED) DFfAILED REVIEW AREA KINGSTON ROAD CORRIDOR DEVEt_OPMENT GUIDELINES (REFER TO COMPENDIUM DOCUMENT) NEIGHBOURHOOD · pLACE BOUNDARY OF WORSHIP i~ PUBLIC ELEMENTARY I~ SCHOOL LIBRARY E~] SEPARATE ELEMENTARY I~----~ SCHOOL PARK FC--] COMMUNITY CENTRE [~ SENIOR CENTRE clpf OF PICKERIN6 PLANNIN{; & DEVELOPMENT DEPARTMENT DECMBEFt, 2005 NOTE: LAND USE DESIGNATIONS APPEAR ON SCHEDULE PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven - Urban Neighbourhoods MAP16 NEIGHBOURHOOD 6: WOODLANDS 09~ FOXWOOD GATE PlNEVIEW CRES. SHEPPARD COURT RAINY DAY ~': / COURT ROAD / / STON EBRIDGE LEGEND SYMBOI.,S DETAILED REVIEW AREA LANDS FOR WHICH COUNCil HAS ADOPTED DEVELOPMENT GUIDELINES (REFER TO COMPENDIUM DOCUMENT) KINGSTON ROAD CORRIDOR DEVELOPMENT GUIDELINES (REFER TO COMPENDIUM DOCUMENT) I NEIGHBOURHOOD [] BOUNDARY PLACE [~] OF WORSHIP PUBLIC ELEMENTARY SCHOOL SCHOoLSEPARATE ELEMENTARY I-~ PUBLIC SECONDARY SCHOOL COMMUNITY CENTRE FIREHALL PARK SENIOR CENTRE LIBRARY [] SWIMMING POOL CiTY OF PICKERING PI~,NNIND & DEVELOPMENT DEPARTMENT DECEMBER. 2005 I NOTE: LAND USE DESIGNATIONS] APPEAR ON SCHEDULE I J PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven -- Urban Neighbourhoods MAP17 NEIGHBOURHOOD 7: DUNBARTON LEGEND NEW ROAD CONNECTIONS (PROPOSED) DETAILED REVIEW AREA L~NDS FOR WHICH COUNCIL HAS ADOHTED DEVELOPMENT GUIDELINEt; (REFER l'O COMPENDIUM DOCUMENT) KINGSTON ROAD CORRIDOR DEVELOPMENT GUIDELINES (REFER TO COMPENDIUM DOCUMENT) PEDESTRIAN/BICYCLE CONNECTION (PROPOSED) Cll¥ OF PICKERiNO PLANNING & DEV[LOPMENT DEPARTMENT DECEMBER, 2005 SYMBOLS NEIGHBOURhOOD ~-} BOUNDARY OF- WORSHIP SCHOOL PUBLIC ELEMENTARY ~ SCHOOL SEPARATE ELEMENTARY I~---~ SCHOOL SEPARATE SECONDARY I~ SCHOOL PUBLIC SECONDARY [~] HISTORIC VILLAGE ~ COMMUNITY CENTRE PARK PROPOSED PARK CEMETERY SENIOR CENTRE FiREhALI LAWN BOWLING SWIMMING POOl NOTE: LAND USE DESIGNATIONS APPEAR ON SCHEDULE PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven - Urban Neighbourhoods MAP18 NEIGHBOURHOOD 8: TOWN CENTRE LEGEND SYMBOLS NEW ROAD CONNECTIONS (PROPOSED) DETAILED REVIEW AREA SPECIAL POLICY AREA LANDS FOR WHICH COUNCIL HAS (REFER TO COMPENDIUM DOCUMENT) (REFER TO COMPENDIUM DOCUMEN1) (PROPOSED) C;iTY OF PiCKERINO PLANNING & DEVELOPM[N] DEPARIMEN¥ I NEIOi4BOURHOOD [] BOUNDARY LAC E OF WORSHIP PUBLIC ELEMENTARY SCHOOL & CENTRAL LIBRARY RECREATION COMPLEX PARK PROPOSED PARK ARENA LAWN BOWLING SENIOR CENTRE FIREHALL SWIMMING POOL LAND USE DESIGNATIONS] ON SCHEDULE I I PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven - Urban Neighbourhoods MAP 19 NEIGHBOURHOOD 9: VILLAGE EAST tRCI'~I.~I OREYBE Z KELLINO LEGEND SYMBOLS NEW ROAD CONNECTIONS (PROPOSED) DETAILED REVIEW AREA LYKNDS FOR WPtlCH COUNCIL HAS ADOPTED DEYEt. OPMENT GUIDELINES (REFER TO COMPENDIUM DOCUMEN]) KINGSTON ROAD CORRIDOR DEVELOPMENT GUIDELINES (REFER TO COMPENDIUM DOCUMENf) NEIGHEIOURPIOO D BOUNDARY PARK RECREAT'ON COMPLEX PROPOSED PARK ~ CEMETERY [~ POLICE STATION J~ ARENA [] SWIMMING POOL NOTE: LAND USE DESIGNATIONS APPEAR ON SCHEDULE PICKERING OFFICIAL PLAN EDITION 4: Chaplet Eleven -- Urban Neighbourhoods MAP 20 NEIGHBOURHOOD 10: HIGHBUSH ,03 LEGEND SYMBOLS NEW ROAD CONNECTIONS (PROPOSED) DETAILED REVIEW AREA LANDS FOR WHICH COUNCIL HAS ADOPTED DEVELOPMENT GUIDELINES (REFER TO COMPENDIUM DOCUMENT) NEIGHBOURHOOD I BOUNDARY PUBLIC ELEMENTARY SCHOOL SEPARATE ELEMENTARY SCHOOL CIT~F OF PICKERING PLANNING & DEVELOI~MENT DERARTMENT DECEMBER, 2005 INOTE: LAND USE DESIGNATIONS APPEAR ON SCHEDULE PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven -- Urban Neighbourhoods 104 ~P21 NEIGHBOURHOOD 11: AMBERLEA LEGEND SYMBOLS NEW ROAD CONNECTIONS (PROPOSED) DETAILED REVIEW AREA NEIGHBOURHOOD BOUNDARY PLACE OF WORSHIP PUBliC ELEMENTARY SCHOOL SEPARATE ELEMENTARY SCHOOL PROPOSED SEPARATE ELEMENTARY SCHOOL SEPARATE SECONDARY SCHOOL CEMETERY CiTY of PICKERING PLANNING & DEVELOPMENT DEPARTMENT DECEMBER, 2003 I NOTE: LAND USE DESIGNATIONS] APPEAR ON SCHEDUL£ I ~ PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven -- Urban Neighbourhoods MAP22 NEIGHBOURHOOD 12: LIVERPOOL LEGEND i m NEW ROAD CONNECTIONS (PROPOSED) DETAILED REVIEW AREA CITY OF PICKI[RING PLANNING & DEVELOPMENT DEPARTMENT / SYMBOLS NEIGHBOURHOOD [] BOUNDARY ARENA PLACE [] OF WORSHIP PARK RECREATION LCd----~ CIVIC COMPLEX ~ GO--TRANSIT STAIlON ~ CENTRAL LIBRARY · J NOTE: lAND USE DESIGNATIONS SWIMMING POOL J APPEAR ON SC tEDULE I j PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven - Urban Neighbourhoods ~ 23 NEIGHBOURHOOD 13: BROCK RIDGE THIRD CONCESSION LEGEND SYMBOLS NEIGHBOURHOOD III I U NEW ROAD CONNECTIONS (PF~OPOSED) I BOUNDARY PLACE m -- DETAILED REVIEW AREA OF WORSHIP ~ LANDS FOR WHICH COUNCIL HAS ~ ADOPTED DEVELOPMENT GUIDELINES PUBLIC SCHOOL (REFER TO COMPENDIUM DOCUMENT) PROPOSED PUBLIC ELEMENTARY SCHOOL SEPARATE ELEMENTARY SCHOOL PUBLIC SECONDARY SCHOOL [] PARK PROPOSED PARK CEMETERY PLANNING ~ DEVELOPMENT DEPARTMENT INOTE: LAND USE DESIGNATIONS APPEAR ON SCHEDULE I PICKERING OFFICIAL PLAN EDITION 4: Chapter Eleven -- Urban Neighbourhoods MAP 24 NEIGHBOURHOOD 14: ROUGE PARK .07 LEGEND SYMBOLS m m m m NEW ROAD CONNECTIONS (PROPOSED) DETAILED REVIEW AREA LANDS FOR WHICH COUNCIL HAS ADOPTED DEVELOPMENT GUIDELINES (REFER TO COMPENDIUM DOCUMENT) E~OUNDARyNEIGHBOURHOODE~ SCHOoLSEPARATE ELEMENTARY PUBLIC SCHOOL I~] PARK PROPOSED SEPARATE ELEMENTARY SCHOOL PROPOSED Park CITY OF PlCKEBIND PLANNING ,~¢ DEVELOPMENT DEPARTMENT DECEMBER, 2005 NOTE: LAND USE DESIGNATIONS] APPEAR ON SCHEDULE I J PICKERING OFFICIAL PLAN EDITION 4: Chapfer Eleven - Urban Neighbourhoods ]_OS, REPORT TO EXECUTIVE COMMITTEE Report Number: PD 48-05 Date: November 22, 2005 From: Neil Carroll Director, Planning & Development Subject: Release of Subdivision Agreement from Title Release and Abandonment of Easement Lots 162 to 167, Plan 40M-1466, Pickering File: D0805, Recommendation: That the Mayor and City Clerk be authorized to execute, for the purpose of registration: 1. Release of the Subdivision Agreement registered as Instrument LT323412 from title as it relates to Lots 162 to 167, Plan 40M-1466; and 2. Release and Abandonment of Easement registered as Instrument LT404424 relating to those pads of Lots 162 to 167, Plan 40M-1466, being Pads 8 to 13, Plan 40R-10283. Executive Summary: Not Applicable Financial Implications: Processing and registration fees Owner's Cost Background: In 1985, John Boddy Developments entered into a Subdivision Agreement with the City for the development of Plan 40M-1466. At that time, John Boddy negotiated with and acquired lands from the adjacent Appleview Road owners for road purposes (save and except from the owners fronting Lots 162 to 167, Plan 40M-1466 - 1837 Appleview Road). The acquired lands were used to continue the road pattern for Heathside Crescent across Lots 4, 5, 149 to 161, 168 and 169, enabling John Boddy to develop additional lots within Plan 40M-1466 and giving frontage to all participating adjacent owners for future land severances. As John Boddy was unsuccessful in acquiring the rear portion of 1837 Appleview Road and, the subdivision approval was contingent on Heathside Crescent being connected, the City permitted the delayed development of Lots 162 to 167 and approved the construction of Heathside Crescent across a portion of those lots subject to an easement for temporary road purposes being granted to the City until such time as the proper alignment could be completed. Report PD 48-05 Subject: Release of Subdivision Agreement and Easement Date: November 22, 2005 Page 2 The owners of the lands lying adjacent to Lots 162 to 167 (1837 Appleview Road) have since applied for the severance of that lot. In 2003, Agnew entered into an Agreement with the City for the development of five lots. A condition of that Agreement was to construct the portion of Heathside Crescent not completed when Plan 40M-1466 was developed. As that road construction has now been completed, dedicated and the lands subject of the temporary road restored to vacant lot status, it is appropriate to remove the City's interest and release the temporary road easement. Further, as Lots 162 to 167, Plan 40M-1466 have been reinstated, they can now be developed in accordance with the appropriate Agreement. Once the Agreement respecting the development of these lots has been prepared and registered, the original Subdivision Agreement (which remains on title) should be removed. On August 20, 1992, the Subdivision Agreement relating to all other lots/blocks within Plan 40M-1466 was released from title when Plan 40M-1466 was assumed. It is recommended that the Mayor and City Clerk be authorized to execute, for the purpose of registration: 1. Release of the Subdivision Agreement registered as Instrument LT323412 from title as it relates to Lots 162 to 167, Plan 40M1466; and Release and Abandonment of Easement registered as Instrument LT404424 relating to those parts of Lots 162 to 167, Plan 40M-1466, being Parts 8 to 13, Plan 40R-10283. Attachments: 1. Location Map Prepared By: Denise Bye(, Coordinator, Property & Development Services Approved / Endorsed By: Neri Ca~II~RPP Director, Planning & Development DB:bg Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council T~s J. Quin~hief Administrati~-O~cer zI ATTACHMENT b.J Z q- Ld 03 _ ~ 1837APPL-EVIEW-- SJ RC~AD q- i Z - City of Pickoring Planning & Dovelopmont Departmont CROPER'D' DFSCRIPIION LOT 182-187, 40M-1458 & PARTS 8-13, 401t-10283 OWNER JOHN BODDY DEVELOPMENTS LTD. DATE NOV. 23, 2005 DRAWN BY JB FILE No. D 0805 SCALE 1:2500 CHECKED BY db ~o ........ PN-7 11i REPORT TO EXECUTIVE COMMITTEE Report Number: OES 41-05 Date: December 6, 2005 Richard W. Holborn, P. Eng. Division Head, Municipal Property and Engineering Subject: Stop Control By-law - Amendment to By-law 2632~88 - Rosebank Road at Granite Court - File: A-2130-001-05 Recommendations: 1. That Report OES 41-05 regarding a proposed amendment to the stop sign by- law 2632/88 be received; and 2. That the attached draft by-law be enacted to amend Schedule 'A' to by-law 2632/88 authorizing the erection of stop signs at the intersection of Rosebank Road at Granite Court. Executive Summary: In order to improve traffic flow and safety at the intersection of Rosebank Road and Granite Court an amending by-law is being proposed, which provides for the installation of a southbound Stop control at that intersection. The amended design provides for a non typical 2 way stop controlled intersection thereby addressing both Councils reluctance to install Ali-Way Stop controls (as previously recommended by staff via report OES-11-05) and the staff initiative to address complaints received from Yorkville Sound and improve traffic safety at the intersection of Rosebank Road and Granite Court. Financial Implications: The estimated cost of $500.00 for the acquisition and installation of the traffic signs can be accommodated within the 2005 Roads current budget account. J. 1 ;~ Report OES 41-05 Subject: Stop Control By-law Amendment to By-law 2632/88 Rosebank Road at Granite Court December 6, 2005 Page 2 Background: Earlier this year, staff were asked to investigate neighbourhood concerns regarding vehicular safety at the intersections of Rosebank Road at Toynevale Road and Rosebank Road at Granite Court. Yorkville Sound, in response complaints from their staff noted that vehicular traffic southbound from the facility was conflicting with opposing traffic at that intersection and requested Ali-Way Stop controls. On April 27, 2005, staff presented report OES 11-05 (see copy attached) to the Executive Committee, which recommended the installation of Ali-Way Stop controls at the intersection of Rosebank Road at Granite Court. The recommendations were not supported by the Executive Committee and the issue was referred back to staff for further dialogue and to review alternative solutions. Having re-examined that area, staff again discussed the issue with both the Principal of Rosebank Public School and Yorkville Sound. As the initial complaint noted possible hazards for southbound traffic on Rosebank Road (from the Yorkville Sound facility) from conflicts with westbound traffic on Granite Court, staff propose an additional Stop control for southbound traffic on Rosebank Road. Although unconventional, a two way stop control design would require outbound traffic from the plant (approximately 50 vehicles per day) to stop and yield to all other traffic and proceed only when its safe to do so. Attached is a sketch, which illustrates the changes as proposed. Having contacted both the Rosebank Road Public School and Yorkville Sound, both agree and support the design scheme. Outreach correspondence was not issued to the general community given the affected intersections service a large number of residents in the Rosebank Neighbourhood, and it would not be practical. Also, in recognition of the sight line difficulties at the intersection of Rosebank Road and Toynevale Road due to roadway geometrics, staff installed of a "Hidden Intersection Ahead" warning sign for motorists southbound on Rosebank Road approaching Toynevale Road. Attachments: 1. Location Map 2. Draft By-law Amendments 3. Report to Council OES 11-05 Report OES 41-05 Subject: Stop Control By-law - Amendment to By-law 2632/88 - Rosebank Road at Granite Court December 6, 2005 Page 3 Submitted B ~y':'.'.-,, .,% Mik~e Pelz6WskT Technician Traffic Engineering Richard W. I--I/61born, P. Eng. D/Cision Head, Municipal Property & Engineering Approved / Endorsed .By: '~; / / ",, t.//' ....x X' _.....--"'"P~, '~ Director, Operations & Emergency Services Mp:mp Attachments Copy: Chief Administrative Officer Superintendent, Municipal Operations Recommended for the consideration of Pickering City C~cil --" /.-x-*--fi" ', (i.¢/e . ." - . ' 114 ATTACHHEN~ f* /. ...... TO REPOR Repor[ OES 41-05 Subject: Stop Control By-law Amendment to By-law 2632188 - Rosebank Road at Granite Court December 6, 2005 Page 4  :_:: : LEj~jEND : ~' PROPOSED STOP _ ; . ;': ~,,~ CONTROL YORKVlLLE ::"; 0 , SOUND k A ~'/ / EXISTING STOP , CONTROL 50m III OPPOSING ~ ,~. ,, ,l. It / TRAFFIC /,,- [ DOES T. STOP '- WARNING · . ...~" · SIGN CROSS TRAFFIC fj~ <:~ DOES O O NOT TOYNEVALE , n,' n,' STOP  WARNING E Rg~r~. ~ ~g~ SIGN i: ' PROPOSED ~' WARNING ~ ~D d~l 'L ~'"~ RAINBOW r~r-'] I~ ROSEBANK NEW Wb-3 PUBLIC SCHOOL OPERATIONS & EMERGENCY SERVICES DEPARYMENT PROPOSED TRAFFIC CONTROL SCHEME .....ErJ°:NE~ '~l~r~v~)~l'.;;~(ION GRANITE COURT AT ROSEBANK ROAD NTS. h;DTM 17 2005 115 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /05 Being a by-law to further amend by-law 2632/88 to provide for erecting of Stop signs at certain intersections within the City of Pickering WHEREAS, Pursuant to section 27(1) of the Municipal Act 2001, S.O. 2001, c.25 as amended, the council of the Corporation of the City of Pickering may by by-law provide for the erection of stop signs at the intersections on highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Stop signs shall be erected at the intersection of highways set out in Column I of Schedule A to By-law 2632/88, facing the traffic bound in the directions set out in Column II of the Schedule. 2. Schedule A to By-law 2632/88, as amended, is hereby further amended by adding hereto the following items: Column I Column II Intersections Facin.q Traffic Rosebank Road and Granite Court Southbound on Rosebank Road BY-LAW read a first, second and third time and finally passed this 2005. th day of Dave Ryan, Mayor Debi Bentley, City Clerk REPORT TO EXECUTIVE COMMITTEE Report Number: OES 11-05 Date: April 7, 2005 From: Richard W. Holborn Division Head, Municipal Property and Engineering Subject: Stop Control By-law Amendment to By-law 2632/88 Rosebank Road at Granite Court File: A 2130 Recommendations: That Report OES 11-05 regarding a proposed amendment to the stop sign by- law 2632/88 be received; and That the attached draft by-law be enacted to amend Schedule 'A' to by-law 2632/88 authorizing the erection of stop signs at the intersection of Rosebank Road at Granite Court; and That a "Hidden Intersection Ahead" advance warning sign be installed on Rosebank Road, on the southbound approach to Toynevale Road. Executive Summary: In order to improve traffic flow and safety at the intersection of Rosebank Road and Granite Court an amending by-law is being proposed, which provides for the erection of Ali-Way Stop controls at that intersection. In lieu of providing an Ali-Way Stop at the intersection of Rosebank Road and Toynevale Road, staff recommend the installation of a "Hidden Intersection Ahead" advance warning sign to increase safety. Financial Implications: The estimated cost of $500.00 for the aquisition and installation of the traffic signs can be accommodated within the 2005 Roads current budget account. Background: Recently staff investigated neighbourhood concerns vehicular safety at the intersections of Rosebank Road at Toynevale Rosebank Road at Granite Court. regarding Road and Date: April 7, 2005 Report OES 11-05 Subject: Stop Control By-law Page 2 .17 Although the original request came from Yorkville Sound to investigate difficulties at the intersection of Rosebank Road at Granite Court, as a result of the municipal community consultation process, staff were asked by the Principal of the Rosebank Road Public School to investigate the need for Ali-Way Stop controls at the intersection of Rosebank Road at Toynevale Road. Rosebank Road at Granite Court Granite Court and Rosebank Road (south of Granite Court) are both collector roads with typical daily traffic volumes of 4100 vehicles. Rosebank Road is a through road, and a Stop condition exists for westbound Granite Court at Rosebank Road. Rosebank Road north of Granite Court currently serves as an access route to Yorkville Sound's west parking lot (see attached map) and has a daily traffic volume of 200 vehicles. Consequently, the infrequent traffic southbound on Rosebank Road from the plant proceeding through the intersection is subjected to near collisions with vehicles from Granite Court, which are not expecting opposing traffic, and make a rolling stop while proceeding through the intersection. Due to the collector status of both roads and the subsequent large volume of traffic through the intersection, municipal warrants for (Ali-Way) Stop controls are met. Rosebank Road at Toynevale Road As the intersection of Rosebank Road and Toynevale Road (two collector roads) is located just north of the Rosebank Road Public School, it serves as a major junction for both vehicular and pedestrian traffic. Consequently, municipal staff have been asked on several occasions over previous years to investigate the need for Ali-Way Stop controls at that intersection. Although studies confirm that municipal warrants for Ali-Way Stop controls are met, potential vehicle operations on the steep grade of Rosebank Road north of Toynevale Road has prevented and continues to prevent staff from supporting the installation of Ali-Way Stop controls at that intersection. Winter and wet weather roadway conditions could create stop and go difficulties for traffic queued on the southbound approach to the intersection and potentially generate vehicular collisions where statistics show that currently none exist. Currently, there is a school crossing location south of the intersection (fronting the Rosebank Road Public School) which provides pedestrian access across Rosebank Road and thereby eliminates pedestrian conflicts from the intersection. In recognition of the sight line difficulties at the intersection of Rosebank Road and Toynevale Road due to roadway geometrics, staff recommend the installation of a "Hidden Intersection Ahead" warning sign for motorists southbound on Rosebank Road approaching Toynevale Road. 11-8 Report OES 11-05 Subject: Stop Control By-law Date: April 7, 2005 Page 3 Outreach correspondence soliciting comments was' issued to both Yorkville Sound and the Rosebank Road Public School. Outreach correspondence was not issued to the general community given the affected intersections service a large number of residents in the Rosebank Neighbourhood, and it would not be practical. Attachments: Location Maps Draft By-law Amendments Submitted By RioMard W. H~orn, P.Eng .g~'~/isio n Heat, (.'Municipal Property & Engineering Approved I Endorsed By: ~ver~Buntsma (Acting) Chief Administrative Officer Mp:mp Attachments O:'¢,-2130 Department Reports - Reports to CounciBA-2130-001-05 Reports to Councit\OES 11-05.doc Copy: Chief Administrative Officer Superintendent, Municipal Operations Supervisor, Roads Recommended for the consideration of Picketing C i/ty'~C~ ,, ...- .... "Th/rp~~~ Ch(hr Cministra-'~0_fficer -- L AND CENTRE EXISTING STOP SIGN COURT DRIVE OPEIL~.TIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEER(NG DIVISION 1:4000 MARCH 9~2005 PROPOSED STOP SIGN LOCATIONS TOYNEVALE INTERSEC )AD HIDDEN )N LOCATION ' lNG CR( ~ ROSEBAN PUBL lO TRAFFIC REPORT LOCATION OF PROPOSED ALL WAY STOP THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /05 Being a by-law to further amend by-law 2632~88 to provide for erecting of Stop signs at certain intersections within the City of Pickering WHEREAS, Pursuant to section 27(1) of the Municipal Act 2001, S.O. 200;1, c. 25 as amended, the council of the Corporation of the City of Pickering may by by-law provide for the erection of stop signs at the intersections on highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Stop signs shall be erected at the intersection of highways set out in Column I of Schedule A to By-law 2632/88, facing the traffic bound in the directions set out in Column II of the Schedule. Schedule A to By-law 2632/88, as amended, is hereby further amended by adding hereto the following items: Column I Column II Intersections Facing Traffic Rosebank Road and Granite Court Northbound and southbound on Rosebank Road BY-LAW read a first, second and third time and finally passed this 2005. th day of Dave Ryan, Mayor Bruce Taylor, City Clerk REPORT TO EXECUTIVE COMMITTEE Report Number: OES 42-05 Date: December 4, 2005 From: Stephen Reynolds Division Head, Culture & Recreation Subject: Don Beer Arena Snack Bar Concession Lease Renewal - Pickering Hockey Association File: A-2130-001-05 Recommendation: That Report OES 42-05 be received by Council, and That the Mayor and the Clerk be authorized to execute a renewal Concession License Agreement to permit the Pickering Hockey Association to continue to operate snack bar concession facility at Don Beer Arena from January 1, 2006 to April 30, 2009 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor, Executive Summary: The Pickering Hockey Association have an existing Licence Agreement to operate the snack bar concession facilities at Don Beer Arena. The Pickering Hockey Association have requested to renew this agreement for a further three years and four months. The Operations & Emergency Services Department recommend that a renewal agreement be initiated with the Pickering Hockey Association. Financial Implications: Revenues: 2006 $1,000/month x 8 months $ 8,000 2007 $1,000/month x 8 months $ 8,000 2008 $1,000/month x 8 months $ 8,000 2009 $1,000/monthx 4 months $ 4,000 Total $28,000 $28,000 maximum over 3 years and 4 months Report OES 42-05 Date: December 4, 2005 Subject: Don Beer Arena Snack Bar Concessions Page 2 - Lease Renewal - Pickering Hockey Association Incorporated Background: On August 3, 1999, Council enacted By-law #5540/99 to authorize the execution of a Licence Agreement with the Pickering Hockey Association Incorporated for the operation of the Don Beer Arena Snack Bar Concessions. The Pickering Hockey Association have requested to renew this agreement again for the next three years and four months. The renewal agreement allows the Pickering Hockey Association to continue to operate the Don Beer Snack Bar Concession from January 1, 2006 to April 30, 2009. The Pickering Hockey Association are currently paying the monthly fee of $1,000.00 per month for 8 months per year and have operated the Concession since the additional third ice pad opened. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a renewal agreement be initiated with the Picketing Hockey Association. Attachments: Not Applicable. Prepared By: Approved..~nc~orse? By: Everet~'~untsma Len~Zl~nter Supervisor, Facilities Operations SR:Ig Director, Ope,~rat. ian~& Emergency Services Stepheh. Bey~olds Division Head, Culture & Recreation Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Manager, Supply & Services Recommended for the consideration of Pickering Clty Cgun6i~ ,, -, ~ //':' ~h¢~mas J. ~inn, Chef Admin~ive OffiCr PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 43-05 Date: December 5, 2005 From: Stephen Reynolds Division Head, Culture & Recreation Subject: Pickering Recreation Complex Arena Snack Bar Concessions File: A-2130-001-05 Recommendation: 1. That Report OES 43-05 be received by Council and, that The Mayor and the Clerk be authorized to execute a renewal Concession License Agreement to permit Beverly and Ron Ireland to continue to operate snack bar concessions facilities at the Pickering Recreation Complex (Arena Only) from January 1, 2006 to April 30, 2009 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Executive Summary: A Request for Proposal was issued by Supply and Services in June 2002 for the lease of space to operate snack bar concession facilities within the Pickering Recreation Complex (Arena only). No submissions were received. In September 2002 the City received a proposal from Beverly and Ron Ireland to operate the Recreation Complex Arena snack bar concessions facilities. The term of the existing agreement expires December 31, 2005. Beverly and Ron Ireland have requested to renew this agreement for a further three years and four months. The Operations & Emergency Services Department recommend that a renewal agreement be initiated with Beverly and Ron Ireland. Report OES 43-05 Date: December 5, 2005 Subject: Pickering Recreation Complex Arena Snack Bar Concessions Page 2 Financial Implications: Revenues 2006 $300 per month x 8 months = $2,400 2007 $300 per month x 8 months = $2,400 2008 $300 per month x 8 months = $2,400 2009 $300 per month x 4months = $1,200 Total $8,400 $8,400 maximum over 3 years and 4 months Background: The term of the City of Pickering's License Agreement with Beverly and Ron Ireland to operate the snack bar concession facilities within the Pickering Recreation Complex (Arena only) expires on December 31, 2005. A Request for Proposal (RFP-3-2002) was issued by Supply and Services in June 2002 to 6 companies for the lease of space for a Snack Bar at Pickering Recreation Complex (Arena only). Supply and Services also advertised on the City's Website and in the News Advertiser on the City Community Page. No submissions were received. In September 2002 the City received a letter from Beverly and Ron Ireland to continue to operate the Recreation Complex Arena snack bar concession facilities. On November 4, 2002 Council enacted By-law #6051/02 to authorize the execution of a Licence Agreement with Beverly and Ron Ireland for the operation of the Recreation Complex Arena Snack Bar Concessions (Arena Only). Beverly and Ron Ireland have requested to renew this agreement again for the next three years and four months. The renewal agreement allows Beverly and Ron Ireland to continue to operate the Recreation Complex Snack Bar Concession from January 1, 2006 to April 30, 2009. Beverly and Ron Ireland are currently paying the monthly fee of $300.00 per month for 8 months per year. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a renewal agreement be initiated with Beverly and Ron Ireland. Report OES 43-05 Date: December 5, 2005 Subject: Pickering Recreation Complex Arena Snack Bar Concessions Page 3 125 Attachments: Not Applicable. Prepared By: ! ,~/! Len Hun~'r- "' ~' Supervisor, Facilities Operations SR:Ig Approved / En_d~rsed By: Everett Bu~,~ma Director, Operations & Emergency Services Stephen ReynOlds Division Head, Culture & Recreation Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Manager, Supply & Services Recommended for the consideration of Pickering City Council /~-- --~-.~ ~ -,% T o as J. 9/inn, ,~¢ef Adm~strative ,~fficer 126 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 44-05 Date: December 6, 2005 From: Stephen Reynolds Division Head, Culture & Recreation Subject: Don Beer Arena Pro Shop File: A-2130-001-05 Recommendation: 1. That Report OES 44-05 be received by Council and, that The Mayor and the Clerk be authorized to execute a renewal Pro Shop License Agreement to permit Sun-Glo Marketing to continue to operate a Pro Shop facility at Don Beer Arena from January 1, 2006 to April 30, 2009 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Executive Summary: Sun-Glo Marketing have an existing License Agreement to operate the Pro Shop at Don Beer Arena. Sun-Glo Marketing have requested to renew this agreement for a further three years and four months. The Operations & Emergency Services Department recommend that a renewal agreement be initiated with Sun-Glo Marketing. Financial Implications: Revenues: 2006 $350.00 / month X 8 months $2,800 2007 $350.00 / month X 8 months $2,800 2008 $350.00 / month X 8 months $2,800 2009 $350.00 / month X 4 months $1,400 Total $9,800 $9,800 maximum over 3 years and 4 months Report OES 44-05 Subject: Don Beer Arena Pro Shop Date: December6,2005 Page 2 Background On November 4,2002 Council enacted By-law #6052/02 to authorize the execution of a License Agreement with Sun-Glo Marketing for the operation of a Pro Shop at Don Beer Arena. This agreement expires on December 31, 2005. Sun-Glo Marketing have requested to renew this agreement again for the next three years and four months. The renewal agreement allows for Sun-Glo Marketing to continue to operate the Don Beer Pro Shop from January 1,2006 to April 30, 2009. Sun-Glo Marketing are currently paying the monthly fee of $300.00 per month for 8 months per year and have indicated they are willing to increase this monthly fee to $350.00 per month. The Director, Operations & Emergency Services and the Division Head, Culture & Recreation recommend that a renewal agreement be initiated with Sun-Glo Marketing. Attachments: Not Applicable. Prepared By: Len Hunter Supervisor, Facilities Operations Approved / En.~dorse~!.,~ Everett Buntsma Stephen Ro~n~lds Division Head, Culturo & Recreation SR:Ig Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Manager, Supply & Services Recommended for the consideration of Pickering City Co.u~cil ,, t ,./.¢ ,,.. .~. ~ .--- . Tbd~s J. Q~I~, Ch~ Ad~~ve Off,~r ,4 .,.25 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 37-05 Date: December 1, 2005 Richard Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Pesticide Use File: A 2130 Recommendation: 1. That Report OES 37-05 regarding Pesticide Use be received; and that The City of Pickering staff annually review the effectiveness of educational programs pertaining to pesticides and their use and investigate the potential for further development of community awareness, and that The City of Pickering staff continue to investigate and evaluate alternative options to pesticides for pest control on municipal properties. Executive Summary: The issue regarding the use of pesticides on non-agricultural lands can be a very contentious one with a variety of opinions across the spectrum. The City of Pickering has opted not to follow suit with municipalities such as Toronto that have adopted a bylaw banning cosmetic use of pesticides. Instead, the City of Pickering has opted to take an integrated look at how we manage municipal properties and promote community based marketing about alternatives. Proper mowing and aeration, irrigation and watering techniques, regular de-thatching and the use of organic fertilizers have reduced the City's need for pesticides. Naturalized areas within the parks have also reduced the need for treatments. All natural alternatives are investigated and utilized wherever possible and practical. In the spring of 2005 City staff delivered educational community awareness programs using a variety of means to provide residents with the information necessary to make informed decisions about what was right for their properties. Report OES 37-05 Subject: Pesticide Use Date: December 1, 2005 Page 2 Financial Implications: In 2005, the financial investment, with the exclusion of staff time, was limited with most of the expenses resulting from the Property Green Up event in June. In spring 2006, it is proposed that in addition to a Property Green Up event at City Hall, the City partner with Toronto and Region Conservation Authority (TRCA) to host a Healthy Yards Workshop. Background: For some individuals, using an assortment of chemicals to maintain a lawn is common practice. However, times and attitudes are changing and pesticide use as a sole means to maintain a green lawn is becoming an issue in many communities. Pesticide use is becoming a contentious issue due to an increased perception about the impact some chemicals may have on the environment and our health. As a result, some homeowners are choosing to adopt environmentally sound lawn care practices and only use pesticides when absolutely necessary. There is also now a greater understanding that a healthy lawn is less likely to suffer from pest problems. To promote this perspective to a wider audience, staff have used a variety of mechanisms in the spring, summer and autumn of 2005. In March, staff participated in a Property Naturalization Workshop hosted by the TRCA Frenchman's Bay Watershed Rehabilitation Project. Approximately fifty residents attended this informative Workshop. As a guest speaker, the City's Coordinator, Environmental Awareness Programs gave a PowerPoint presentation entitled an Integrated Approach to Property Management. Within the presentation the following aspects were discussed: - Importance of an integrated approach to lawn care, - Preventing problems before they arise by proper mowing, watering, fertilizing, overseeding, aerating, dethatching and regular checks, - Treatment options, - Pesticides, what are they and how should they be properly used and disposed of, Alternatives to pesticides, What the City of Pickering is doing to maintain their properties. An educational display was also set up with free material that workshop participants could take home. Overall the event was very successful and well received by participants. Since the event in March, this educational display has been set up on many occasions with free educational material about a variety of topics, including alternatives to pesticides and integrated lawn care. In connection with Earth Day on April 22, 2005 the display was set up for one week in the main foyer at City Hall. Later that month the display, in conjunction with the Enviro-monsters Competition, was brought to the Pickering Town Centre. In May the display was once again put up at City Hall during the Federation of Canadian Municipalities grant announcement. CORPO227-07/Ol 130 Report OES 37-05 Subject: Pesticide Use Date: December 1, 2005 Page 3 In June, the City hosted a Property Green Up event in partnership with the Region of Durham and the Bloomers and Britches. This event afforded residents the opportunity to pick up free compost, mulch, rain gauges and educational literature pertaining to alternatives to pesticides and integrated lawn care. Attendees could also purchase blue boxes, compost boxes, and heritage and native plants. These supplies will assist residents in their effort to maintain a healthy lawn. The City of Pickering website has been another means used to promote an integrated approach to lawn care. An extensive amount of information under the header of "Property Green Up" has been placed on the website in the "Environmental Awareness" section; literature is also available for download as a PDF. In particular, information pertaining to proper lawn care and natural alternatives to pesticides is available. In addition, for those that opt for chemicals to control pests the web pages provide instructions about proper use and disposal. Lastly, the website is also used to update residents about how the City of Pickering is managing municipal properties. Another useful tool on the website has been the introduction of a "Request Form". Residents have been using this form as an online means to request information about a variety of topics. In the spring and summer, the majority of the requests received were for educational material pertaining to integrated lawn care. The requests are processed immediately and the individuals, in addition to receiving the free literature, are mailed a rain gauge and a City of Pickering tote bag stamped "Protecting our environment... Protecting our future". The Green Pages section of the City's seasonal brochures has been an excellent means to promote a variety of environmental programs and resources available to residents including workshops, environmental events, the website Request Form and educational material. It is important that City of Pickering staff are viewed by the community as leading by example. The Green Pages section of the Municipal Matters publication is used to facilitate this process. The article this summer in the Green Pages section of Municipal Matters promoted and educated staff about taking an integrated approach to lawn care at their home. The City of Pickering staff was requested to set up an environmental display at the Whitevale Community Day in October, since there was an environmental theme to the event this year. The event organizers arranged for displays from various environmental groups and ran environmentally focused games for kids. Since lawn care practices in autumn are just as important as those in spring to grow a healthy pest free lawn, the educational literature pertaining to integrated property management was provided at the display. Planning has begun for the 2006 season. In addition to building on the initiatives outlined above, it's proposed that the City partner with the TRCA to host a Healthy CORP0227-07/01 Report OES 37-05 Subject: Pesticide Use Date: December 1, 2005 Page 4 Yards workshop in the Duffins Creek watershed in the spring. A possible location is Claremont. TRCA has hosted Healthy Yards workshops within other municipalities and they have proved very successful. In addition, it will complement those already offered in the Frenchman's Bay watershed. The proposed 2006 budget includes an allowance for the City to subsidize the cost of Organic Lawn Care kits. The kits will contain everything a homeowner needs to start implementing more sustainable practices, such as; drought/disease tolerant grass seed for overseeding, beneficial nematodes and a hose end sprayer for grub control, a hand held weeder, organic fertilizer and a reference book on organic lawn care. The kits are valued at $120 each, but with the City of Pickering subsidizing a portion of the cost, it will make it easier and thus more likely for the residents attending to purchase the kits. City staff continues to monitor the City's green spaces for weeds as part of the commitment to the pesticide reduction program. Cultural practices such as aerating, topdressing, over seeding and fertilizing are used to encourage a strong and healthy turf grass and thus reduce the need for pesticide applications by reducing the weed populations. Where practical, and the budget allows, products recommended as environmentally friendlier are used. This would include such things as corn gluten or weed and feed and organic based fertilizers. Staff continues to investigate up to date information, practices and new products that will provide quality turf grass with minimal pesticide applications required. As outlined above various initiatives have been recently undertaken or are planned for the upcoming year. Therefore, it is being recommended that City of Pickering staff continue to annually review the effectiveness of the community educational programs pertaining to pesticides and investigate the potential for further development of community awareness. As well, it is recommended that the City staff continue to investigate and evaluate alternative options to pesticides for pest control on municipal properties. Attachments 1. Property Green Up Flyer 2. Frenchman's Bay Post 3. Friends of the Rouge Watershed Flyer CORP0227-07/01 Report OES 37-05 Subject: Pesticide Use Date: December 1, 2005 Page 5 Prepared By: Chantal Whitaker Coordinator, Environmental Awareness Programs Approved / Endors,ed By: Evere~t~[~untsma Director, Operations & Emergency Services Rich/rd W. Hol,l,l~rn,-P. Eng. Div/i~ion Head, Municipal Property & Engineering /fl.~nergency Services Copy: Chief Administrative Officer Superintendent, Municipal Operations Recommended for the consideration of Pickering City Council Th"o~as J. Q~J~n, Chie-f-/Adminis~.Of',f,i~er CORP0227-07/01 133 Saturday, June 11th 8:00 am - Noon City of Picketing Operations Centre 2570 Tillings Rd, TAUNTON RD. ci DERSAN Rg Blue Boxes and composters for s 134 Frenchman's Bay Watershed Rehabilitation Project Local Area History Program Details Event Listings Afl,you need to I(now about this project is on our website! It's hard to believe it's been a year stnce our last project newsletter. The following pages reflect on accomplishments from autumn 2004 to September 2005. During this past year, staff have spent much of their time developing new partnerships within the Pickering community. We have great news! Funding for the two year Pickering Healthy Communities project, in the amount of $ 70,000, has been approved by the EcoAction Community Funding Program. This project will pick-up where the West Shore Habitat Initiative ends. Starting October Ist, 2005 we will initiate three communtty action sttes, a residential homeowners and corporate challenge program. Highlights ... Pg I The Natural Alternative ... Pg2 West Shore Habitat Initiative ... Pg 3 Around the Bay A Collage ... Pg 4,5 Hands on the Earth ... Pg 6 We are pleased to announce that Hydro One has joined our list of project partners. Over the next three years we will be working with Hydro One to deliver environmental education programs that will continue to benefit the Frenchman's Bay watershed. Volunteer Environmental Watch ... Pg 7 Thank-you, Ripples . :.:.Pg 8 In November & December 2004, groups explored renewable and non-renewable energy sources such as fossil fuels, wind and solar through demonstrations. Games and videos were also on-hand to teach these kids about conserving energy at home. This 2nd workshop, hosted on October 25th, 2004, was attended by members of the public seeking information on solar, wind energy and home energy audits. A special thank-you to guest speakers Shoan Sorenson- TRCA, Dave Timm- TREC and Stephanie Bolton- Greensavers (who also donated a home audit as one of many door prizes) for sharing practical information on conserving energy. On March 21 st, past participants of the property naturalization program were invited to a follow-up session to continue the pursuit of their 'gardening dreams'. Chantal Whitaker- City of Pickerlng, was on hand to talk about pesticide use, while John McMullen- Landscape Architect, gave us tips for implementing property plans and Colleen Cirillo-TRCA, provided practical resources for making the switch to natural gardening. Check out some of these resources for yourself by visiting the TRCA's new Healthy Yards webtool. www_. trca. on. ca/yards A spec/a/thank-you to Environmental Factor for the donation of alternative lawn care products for door prizes! As part of our continued commitment to improving local water quality more yellow fish are being spotted throughout the City of Pickering. These yellow fish are a reminder that the water lived in by fish and other wildlife, and the water we use for swimming and drinking, can be polluted by the improper disposal and use of everyday household, garden, and automobile products. When it rains, these hazardous substances are carried directly into neighbourhood streams, rivers, and lakes, usually untreated, from the storm sewers on your street. Local groups helped to deliver this message in April 2005 by painting yellow fish beside storm drains, adhering discs (photo to the right) to curbs and delivering flyers to local homeowners. * Environmental Games for Kids of All Ages * Learn About Active Environmental Groups in the Neighbourhood * Go on a Guided Hike Lead by a Local Naturalist * Learn about the Cultural Heritage of the Area * Meet Animals from Second Chance Wildlife Sanctuary * Or go on a Guided 45 km Bike Journey WHERE AND WHEN Whitevale Community Centre 405 Whitevale Rd. Saturday, October 1 st Starting at 10am going all afternoon Fo I'I~G'~01 & Rd. Bring a Picnic Lunch and Blanket for the grass and sports equipment to play with new friends THEN walk up to North St. to the Heritage United Church Family Community Food Drive for more activities for the kids and refreshments all to support the local Food Bank. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: CS 92-05 Date: December 6, 2005 ,37 From: Gillis A. Paterson Director, Corpoi'ate Services & Treasurer Subject: The New Deal for Cities and Communities Federal Gas Tax Revenues Recommendation: It is recommended that Report CS 92-05 from the Director, Corporate Services & Treasurer be received and: la) That the Mayor and City Clerk be authorized to execute the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities with the Association of Municipalities of Ontario in order to facilitate the transfer of gas tax revenues from the Government of Canada to the City of Pickering for 2005; lb) That the attached By-law be read three times and passed; 2a) That Council authorize and approve the establishment of the Frderal Gas Tax Reserve Fund; 2b) That the attached By-law be read three times and passed; and, That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: The Association of Municipalities of Ontario (AMO) is administering the gas tax funding program on behalf of the Federal Government for all municipalities in Ontario with the exception of the City of Toronto. As administrator, AMO has provided municipalities with a Municipal Funding Agreement that implements the main elements of the agreement between the Government of Canada, the Province of Ontario and AMO. What is interesting about this new program is the fact that it is not an application based initiative nor does it require matching funding. Rather this initiative empowers municipalities to make investments within the "environmentally sustainable municipal infrastructure projects envelope" as established under this agreement. Gas tax funds will support environmentally sustainable municipal infrastructure to help ensure cleaner air, cleaner water and reduced greenhouse gas emissions. Under the environmental sustainable theme the following expenditures would be permitted: public transit, waste 4 .3S Report CS 92-05 Subject: The New Deal for Cities and Communities Federal Gas Tax Revenues Date: December 6, 2005 Page 2 water including storm water systems, community energy systems, local roads bridges and tunnels. Counci's formal approval is required to set up a separate reserve fund for the receipt of Federal gas tax revenues as per the agreement guidelines. Financial Implications: The City will receive $7.078 million to be phased-in over five years on a semi-annual basis. All monies must be expended on eligible infrastructure projects by December 31, 2012. For 2005, payment will be made as soon as AMO receives the fully executed Municipal Funding Agreement and By-law authorizing the agreement as provided for in the report. Schedule of Funding Payments Year July November 2005 $849,577.58 2006 $424,788.79 424,788.79 2007 566,321.81 566,321.81 2008 707,854.83 707,854.83 2009 1,415,709.67 1,415,709.67 TOTAL (For Five Years) $7,078,927.80 As expected, the City will be required to submit an "Annual Expenditure Report" by March 31st each year, following the municipal fiscal year to account for the funds received, expenditures made and progress achieved on an annual basis. In addition, the City will also be required to complete an "Outcomes Report," to be made publicly available both in hard copy and most likely on the City's website. The first outcome report is due March 31, 2008 and the report will have to provide information as how have the funds contributed to the objectives of cleaner air, cleaner water and reduced greenhouse .qas emissions. In addition, municipalities will have to provide a capital investment plan by the end of 2009. We are awaiting further information on this requirement. Background: In February 2005, the Federal Government announced that in 2005-06 Canada's cities and communities would receive a share of the Federal gas tax revenues for environmentally sustainable municipal infrastructure. On June 17, 2005, in fulfillment of this budgetary commitment, the Governments of Canada and Ontario, and AMO signed the Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities. This agreement provided a framework for the transfer of gas tax funds to Ontario communities for investment in environmentally sustainable infrastructure. Over $1.8 billion in funds will flow to Ontario's municipalities over the next five years. AMO has recently completed its documentation requirements Report CS 92-05 Subject: The New Deal for Cities and Communities Federal Gas Tax Revenues Date: December6, 2005 Page 3 .t39 and necessary criteria so it is now appropriate seek Council approval to participate in the program. Eti.qible Investments This program is not application based, but allows municipalities to make investments within the guidelines as established by the Federal Government. Environmentally sustainable municipal infrastructure projects are eligible within one of the following categories: public transit, water, waste water including storm water systems, community energy systems, local roads bridges and tunnels. For local roads and bridges projects, municipalities must submit in writing to AMO appropriate documentation, prior to spending the funds, outlining the impact of such investments on sustainability outcomes. Spending in other eligible project categories does not require pre-approval. It is our understanding that AMO has confirmed that tile City's Highway 401 Pedestrian Bridge is viewed as a public transit related project and therefore does not require pre approval. It is interesting to note, that in the AMO document regarding Federal Gas Tax funds, they mention that municipalities may be able to use some of the Federal Gas Tax dollars to meet the municipal contribution towards COMRIF projects should they meet the criteria under this program. The only condition is that the total Federal Government contribution toward COMRIF cannot exceed 50%. We will be exploring this opportunity further and report accordingly. Incremental Principle A key condition of the agreement is that the funding either enabled a project's implementation, enhanced its scope or accelerated its timing. This condition was placed so that municipalities would not reduce other infrastructure funding and not to displace current capital investments or use the funding to reduce municipal taxes. Senior levels of government (Federal & Provincial) both recognize that there is an "infrastructure deficit" and they want this program to help address this deficit. Eligible Costs The Municipal Funding Agreement permits incurred eligible costs after April 1, 2005 for eligible projects that contribute to environmentally sustainable infrastructure and include: The capital costs of acquiring, constructing, renovating or rehabilitating a tangible capital asset including any debt financing charges; The fees paid to professionals, technical personnel, consultants and contractors specifically engaged to undertake the surveying, design, engineering, manufacturing or construction of a project infrastructure asset and related facilities ands structures; Report CS 92-05 Subject: The New Deal for Cities and Communities Federal Gas Tax Revenues Date: December 6, 2005 Page 4 3. The costs of environment assessments, monitoring and follow-up programs as required by the Canadian Environment Assessment Act and the Environment Assessment Act (Ontario). 4. The costs related to strengthening the ability of municipalities to enhance or develop integrated Community Sustainability Plans. Ineligible Costs The following costs are ineligible for Federal gas tax funding: 1. Costs incurred before April 1,2005; 2. Services or works that are normally provided by the municipality or a related party; 3. Salaries and other employment benefits of any employees of the municipality or related party; 4. Municipal overhead costs its direct or indirect operating or administrative costs and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities carried out by staff; 5. Costs of feasibility and planning studies for individual eligible projects; 6. Taxes for which the municipality is eligible for a tax rebate and all other costs eligible for rebates (e.g.G.S.T. rebate); 7. Costs of land or any interest therein, and related costs; 8. Cost of leasing of equipment by the municipality; 9. Routine repair and maintenance costs; 10. Legal fees; 11. Administrative costs incurred by the municipality as a result of implementing a funding agreement, subject to Eligible Costs above; and 12. Audit and evaluation costs. The Federal Gas Tax Revenue Agreement is an important recognition by the Federal Government of the challenges faced by municipalities in addressing infrastructure needs. The intent of this program is to provide Ontario municipalities with a source of stable, predictable and long-term funding towards environmentally sustainable municipal infrastructure projects which support environmental outcomes of cleaner air, water and reduced greenhouse emissions. Report CS 92-05 Subject: The New Deal for Cities and Communities Federal Gas Tax Revenues Date: December 6, 2005 Page 5 Under the program's guidelines, the City is required to establish a Federal Gas Tax Reserve Fund for the purpose of "receipt, maintenance and disbursement of Federal Gas Tax revenues". In addition, the City will be required to submit an "Annual Expenditure Report" by March 31st following the fiscal year to account for the funds received, expenditures made and progress achieved on an annual basis. Attachments: 1. By-law to Enter into a Municipal Fundin9 Agreement between AMO and the City of Pickerin§ for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities Federal Gas Tax Reserve Fund By-law Prepared By: Approved / Endorsed By: Stan Karwowski Manager, Finance & Taxation Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ~as J. Qui,~n, Chie~-Administr~Offic~( ~ ~~._. ~,~(i' TACHMENT #~TO REPORT THE C©RP©F:t~,TI©r,~ OF THE CITY OF PICKERING B¥-LAbV ?'10. /05 Being a By-law to pl,:)vide for the establishment o[a Reserve Fund to be known as tile Federal Gas Tax Reserve Fund. WHEREAS under the Municipal Act, S.O., 2001 as amended, Section 417(1~, the Council of the City of Pickenng may establish and maintain a reserve fund for any purpose for which it has authority to expend funds. WHEREAS the Council of tile City of Pickering approved Council Report CS 92- 05 authorizing the City to execute the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal lot Cities and Communities. WHEREAS tile execution of the Municipal Funding Agreement will now provide the City of Pickering Federal gas tax funds to be used for eligible projects as outlined in tile agreement. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The establishment of a reserve fund known as the Federal Gas Tax Reserve Fund is thereby authorized. The Federal Gas Tax Reserve Fund shall consist of such monies paid by the Federal Government through the Association of Municipalities of Ontario for the purpose of meeting the requirements of the program as described in the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities together with investments made and earnings derived there from. 3. This By-law shall come into force on the date of its enactment. BY-LAW read a first, second and third time and finally passed the 19th day of December 2005. Dave Ryan, Mayor Debt Bentley, Cleik THE COFtPORATiON OF THE CITY OF PICKERING '-4'" BT-LAW NO. /05 Being a By-law authorize the exeoutior~ of a Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues WHEREAS in order to facilitate the transfer of gas tax revenues from the Government of Canada to the Ciiy of Pickering it is necessary to execute a Municipal Funding Agreement. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities with the Association of Municipalities of Ontario in the form attached as Schedule "A' to this By- law. BY-LAW read a first, second and tl~ird time and finally passed this 19th day of December 2005. David Ryan, Mayor Debi A. Bentley, City Clerk Schedule A MUNICIPAL FUNDING AGREEMENT FOR THE TRANSFER OF FEDERAL GAS TAX REVENUES UNDER THE NEW DEAL FOR CITIES AND COMMUNITIES This Agreement made in duplicate as of~_ day of ,2005. BETWEEN' The Association of Municipalities of Ontario (referred to herein as 'AMC") AND' The Corporation of the City of Pickering (referred to herein as the "Recipient") WHEREAS Ontario municipalities recognize that all governments must work together collaboratively and in harmony to ensure that inveslments in communities are strategic, purposeful and forward-looking. WHEREAS this Agreement includes the specific provisions on the utilization of the transfer of federal gas tax for environmentally sustainable municipal infrastructure to primarily suppod environmer~tal sustainability objectives under Canada's New Deal for Cities and Communities. WHEREAS Ontario municipalities agree that open communication with the public will best serve the right of Canadians to transparency, public accountability, and full information about the benefits of New Deal investments in communities. WHEREAS the Recipient 'wishes to enter into this Agreemenl in order to participate in the transfer of federal gas tax as part of the New Deal for Cities and Communities. WHEREAS AMO is carrying out the fund administration and coordinating role as is obligated in the Canada-Ontario-AMO-City of Toronto Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities to undertake certain activities and requires Recipients to underlake activities as set out in the Agreement. THEREFORE the Parties agree as follows: 1. DEFINITIONS AND INTERPRETATION Definitions When u,~_,,J in tiiis .j ........ .... L '"~ ,ar,;-,~:,~,,,o~,~-(including the cover and execution pages and a~l of ~he schedu es), the foilo,,~.,ing terms shall have the.. .me3ningsascribedtotham.. belowunluso-- ,-the~.~,ubjeu[' - ma[teroreon(ext ~s inconsistent there,,.i~h: "Agreement" means tt~is A{,,reement, in,;luding the cover and execulion pages and alt of the schering!es hereto, and all amendments made hereto in accordance with tt~e provisions hereof. "Annual Expenditure Report" rneans the written annual report to be prepared and delivered to AMC as set out in Section 7.1 hereto "Association of Municipalities of Ontario (AMC)" means a legally incorporated entity under tile Corporat/ons Act (Ontario). "Audit Statement" means a written audit statement to be prepared and delivered to AMO as set out in Section 7.1 hereto. "Base Amount" means the total municipally-fur~ded capital spending on Munic/~_)a//nfrastructure by the Recipient in the period January 1, 2000 to December 31. 2004 less monies raised under tile Deve/opment Charges ,.,~,, 1997 (Ontario) and received under/nfrastructure Programs. "Canada" means Her' Majesty in Right of Canada represented by tine Minister of State (Infrastructure and Communities). "Capacity Building Projects" means projects and activities that strengthen the ability of the Rec/p/ent to develop and implement integrated commun/ty sustainabi//ty ?~aris, as more pailicularly described in Section 4.3. 145 "Capital Investment Plan" n'}eans a document, such as a capital plan, created through a public process, with appi'oval fi-om mur~icipal elected officials, providing a detailed understar~ding of anticipated invesh'nents into tangible capital assets that are considered "priorities", along with a rationale. "Environmentally Sustainable Municipal Infrastructure (ESMI) Projects" means Mun/c/pa//nfrastructure projects that: i. improve the quality of the environment and contribute to reduced greenhouse gas emissions, clean water, or clean air; and ii fall within the categoq/of projects described in Section 4.1 hereto. 2 ,4 "Eligible Costs" means those costs described in Schedule B attached hereto, incurred in respecl: of Eh'g~ble Proj'ects. "Eligible Projects" means C'~:]?ac,ty Eui/dfrxj Prcyects and ES/'~fi Prq/ects as defined in Se,'.:tion 4.1 hereto "Eligible Recipient" means: i. a Mun/c/pa//ty or its duly authorized agent (including its wholly owned corporation); ii a non-municipal entity, on the condition that the Mun/c~fla//ty where the proposed Eh!~),ib/e P;oject would be housed has indicated support for the E!i~:/b/e Pndect through a formal resolution of the municipal council. A non-municipal entity inciudes: · for-profit organizations or o non-governmental organizations, or · not-for~profit organizatior~s. Local Roads Boards and Local Services Boards in territon/not within the jurisdiction of a A,funic~?afity. iii. Federal and prov'incial entities in the form of departments, corporations and agencies are not eligible recipients. "End of Funds" means March 31, 20'10. "Event of Default" has the meaning given to it in Section 12.1 of this Agreement. "Fiscal Year" means the period beginning April 1 of a year and ending blarch 31 of the following year. "Funds" mear~ the Funds r'nade available pursuant to this Agreement and includes any interest earned on the said Funds. "Infrastructure Program" means Canada's infrastructure programs in existence at the time of the execution of this Agreement including: The Canada Strategic Infrastructure Fund, The Border Infrastructure Fund, The Municipal Rural Infi'astructure Fund and The Infrastructure Canada P rog ram. "Integrated Community Sustainability Plan" means a long-term plan, developed in consultation with cor-nrnur~ity members that provides direction for the community to realize sustainability objectives, including environmental, culture, social and economic objectives, as defined in Schedule G. -, '~ sthoseMunicipalitieswitha~O-'l National "Large Municipalities" r,~.an~ ' Census data populatior~ of 5(}0,003 or more including the Regional Municipalities of Durham, Peel ard York and the Cities of Mississauga and Ottawa. "Lower Tier Muni~.ipality" mean:s a municipality that forms part of arq upper-tier A,~,ur?x~i?,~!4y for mumcipal purposes, as defined under the Mum'c/Pa/Act, 2001 (Ontario) "Municipal Fiscal Year" means the period beginning January 1 of a year and ending Decer-nber 31 of the same year "Municipal Infrastructure" means tangible capital assets in Ontario primarilY for public use or benefit owned by the Reci?~'ent. "Municipality" means e.~/er'y municipality as defined in the Mun/c/pal Act, 2001 (.Ontario). "Outcomes Report" means a written repod prepared by the Reci?ient which reports on tile outposts and outcomes of the use of the Fuf~ds according to Section 72 hereto. _ "Oversight Committee" means the comrT~ittee established to manage the implementation of the Canada-Ontario-AMO-City of Toronto Agreement for the Transfer of Federal Gas Ta:,( Revenues Under the New Deal for Cities and Communities "Parties" means A,MO and the Recipient. "Recipient" has the meaning given to it on the first page of this Agreement "Third Party" means any person, other than a pady to this Agreement that participates in the implementation of an Eligible Project. "Upper Tier Municipality" means a Municipality of which two or more lower-tier municipalities form part for municipal purposes, as defined under the Mun/cipa/Act, 200'1 (iOntario). 1.2 Interpretations: Herein, etc. Tile words "herein", "hereof" and "hereunder" and other words of similar impod refer to this Agreement as a whole and not any particular schedule, adicle, section, paragraph or other subdivision of this Agreement. 4 Currency Any reference to cur~:~ncy is to Canadian currency and anv amount advanced, paid o~ calculated is to be advanced, paid or caIcuhated Jn Canadian currency Statutes. Any reference toa fe<c!era! or provincial statute is to such statute and to the regulations n.~ade pursuant to such statute as such stai~.~te and regulations may at any time be an~ended or modified and in effecl and to any statute or regulations that may be passed that have the effect of supplementing or superseding sucil slatute or regulations. Gender, singular, etc. ,.,,urals importing the masculine c;ender include the feminine or neuter g~nd.~,~,' a nd words in tile singular include tile plural, and vice versa. TERM OF AGREEMENT Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including March.31,2015. 22. Notice. Any Party may terminate this Agreement on two (2) years written notice. 2.3. End of Funds. Notwithstanding anything in this Agreement and regardless of tine Eh'g~ble ProJect's state of completion, AMO shall not be obligated to provide Funds under this Agreement after the End of Funds. 3. RECIPIENT REQUIREMENTS 3.1. Tile Recipient agrees to undertake and: a submit in writing to AMO for the local roads and bridges Eligible Project category pnor to spending the Funds the appropriate documentation on the impact of such investments on sustainability outcomes in the form in Schedule C of this Agreement hereto; b ensure that the Funds will result in net incremental capital spending on MunicT)af Infrastructure; c. ensure tt~at there ~s ~o reduction in capital funding provided by municipalities for Munic/pal Infrastructure. In the case of Recipients that are Municipalities in excess of 100,000 in population, ensure that over the period of April 1, 2005 to March 31, 2010 the Recq~ent:s capital spending on Mumcipal Infrastructure will not fall below its Base ,amo~mt~ and, ensure any of ~ts conh'a,~:'ts for the supply of sen.dices or materials to implement its responsibilities under this A{?eement will be awarded in a way thai is transparent, osrnpetitive, consistent with value for money princip!es and pursuant to its adopted procurement policy. 4. ELIGIBLE PROJECTS 4'!. Eligible Projects. ESM/Projects include the following: a Public transit, e g: Rapid Transit: tangible capital assets and rolling stock (includes light rail, heavy rat! additions, subways, ferries, transit stations, park and ride i~ac~lities, grade separated bus lanes and rail lines); Transit Buses: bus rolling stock, transit bus stations; Intelligent Transport System (ITS) and Transit Priority Capital Investments: iv. ITS technologies to improve transit priority signalling, passenger and traffic inforrnation and transit operations; v. Capital investments, such as transit queue-jumpers and High Occupancy Vehicle (t--IOV) lanes; vi Para transit: rolling stock, fixed capital assets and systems; vii. Related capital infrastructure: bus-loading bays, road rehabilitation for bus-only lanes; viii Active transportation infrastructure (e.g, bike lanes). b Water, e.g.: Drinking water supply; drinking water purification and treatment syster'nsi drinking water distribution systems; water metering systems. c Wastewater, Wastewater systems including sanitary and c:ornbined sewer systems; and separate storm water systems. Solid waste, e.g: Waste diversion; material recovery facilities; organics rnanagementi collection depots; waste disposal landfills; thermal treatment and landfill gas recuperation - e Community Energy Systems, eg.: Cogeneration or combined heat and power projects (where heat and power are produced through a single process); District heating and cooling projects where heat (or cooling)is distributed to more than one building Local roads, bri,:t!les and tunnels, active transF'or-t, at~on infrastructure (eg. bike lanes) that enhance sustainability outcomes. ~,. ca~c!orl~s Exception. For Large Muni.c~.,alities, the list of eligible S.~.t,sn 4 1 a e ,:onsist of no more than t~vo ,:t of calegones in .%~ ~n t~'~ 4.3 Capacity Building. All f:?ec/hients may also invest in Ca?ac.,ty Bui/d/ng Pro~,'ects including the follocJng activities a. Collaboration: building padnerships and strategic alliances; participation; and consultation and outreach; b. Knowledge: use of new technology; research; and monitoring and evaluation; c. Integration: planning, policy development and implementation (e.g., environmental management systerns, life cycle assessment). 4¸4 Recipient fully responsible The Recipient shall be fully responsible for the complete, diligent and timely implementation anct completion of the El/gible ProJect. net of any Funds received. 4.5. Environmental Assessment The Reci?ient shall comply with all legislated environmenta! assessment requirements and agree that no Funds ,,,,/ill be committed to an Eligible Project until all environmental assessment requirer'nents have been satisfied including the implementation of all mitigation measures identified in any environmer~tal assessment of the EI/~.~ib/e Project. 5 ELIGIBLE COSTS Eligible Costs. In order for cost to be eligible for Funds pursuant to this Agreement the cost must be in accordance with Schedule B. 5¸2. Discretion of Canada. Subject to Section 5.1, the eligibility of any items not listed in Schedule [-3 to this A~,~'een?ent is solely the discretion of C~ ~ ,~nada. 5.3. Reasonable Access The Recipient shall permit Canada reasonable access to all records relating to all Eligible Projects that have received Funds: 5.4. Retention of Receipts. The Recipient shall retain all evidence (such as invoices, receipls, etc) of payments related to EI/gible Costs and such supporting documentatic~n must be available to Canada when requested and maintained by the fs~ec/p/ent for audit purposes for at least three (3) years after March 31 ,701 ': FUNDS ,j~,,,,, will allocate the F,,,,r:ds to Recir~fents on a per Allocation of Funds x '~ ~ , capita basis with allocations made on a 50:50 basis to Upper Tier Muntc/tpo/, ~s, where they ex~st Municipalities and Lo~,'e~ T,'er '" ' ~ Transfer of Funds. Where a Recipient decides to allocate F{,'rndS to anolher Eligible Recipient it must be done by by-law Tine by-law must be passed and submitted annually to AMO on or before March 31s~ The by- law will identify the Eligible Recipient and the amount of Funds the Eligible Recipient is receiving for that Municipal Fiscal Year. Transfer of Funds Reporting In the case of a Recipient transferring Funds in Section 6.2 of this Agreement the Recipient is still required to submit an Annual Expenditure Report as per Section 7.1 a, c and f. The Eligible Recipient is responsible for all other provisions of Section 7.1 and 7.2 6.3. Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Ehgible Costs in respect of Eligible Projects 6.4, Schedule of payout of Funds The Rec/p~ent has agreed that all Funds are to be transferred by AMO electronically to the Rec~?ient twice yearly on or before July 15t~and November 15t~. More specifically on the basis set out in Schedule A. 6.5. Use of Funds. Tile P, ecipient is permitted to carry over unexpended Funds from tile year received into subsequent years in a resen,'e fund account. The Recipient shall ensure: a Any investment of unexpended Funds be in accordance with Ontario law and the Recipient's investment policy; and, b. Any interest earned on Funds be only applied to Eligible Costs on Eligible PrOJects' or to eligible administration costs on the basis set' out in Schedule B. 6.6. Funds advanced. If Funds advanced by AMO to the Recipient are not paid by the Recipient in respect of Eligible Costs within three (3) years after the end of the year in which the advance payment was received, AMO shall consult witt~ tt~e Recipient and may elect to withhold further payment of Funds on the basis set out in Schedule A hereto. 6.7. Expenditure of Funds The F,~ecipient shall expend all Funds by March 31,2012. 45* GST. The use ol Fu,~Td'.:~; ~s based on tile net ar,'.;o,,mt ,.of goods and services tax to be t?aid b7 t-~e P. ecJP/ent pursuant to the Excise T~.x' Act ~;t-~ rebates Limit on Canada's Financial Commitments The Pec/p/er';t may Llse Funds to pay up to one hur~dred percent (100 :'.'~) of Eiigib/e Costs of an . ..... *r f?ec/p/'ent is r-ecei'¢inq money under an Ell'g/hie Pr'o/ect. t-lo~,e~,~-. , if the ~ Infmst;'ucture Pr'ogm,'n in respect of an Eligible Project to which the Recos/ent wishes to apF, ly Fu[~ds, the maximum federal contribution limitation set out ~n any inL,'a:str~.~,2ure P~ogram contribution agreement made in respect of that Efta/hie. Project shall continue to apply. 6.10WithholdingPayment AMO may withho!d payment of Funds where tt~e Recipient is in default or' compliance w~th any provisions of this ,4greement. 6.11.1nsufficient funds provided by Canada If Canada does not provide sufficient funds to continue the Funds for any Fiscal Year during which this Agreement is in effect, AMO may terminate this Agreeme¢g in accordance with the terms specified in Section 12.4 of this Acjreement 7. REPORTING REQUIREMENTS 7.1. Annual Expenditure Report. The F4ec~pient shall repod in the form in Schedule D hereto due by March 31'~ following the Munic~aal Fiscal Year orl: a. fl~e amounts received from AMO under this Agreement in respect of the previous Municq~al Fiscal Year; b. the amounts received from another Eligible Recipient; c the amounts transferred to another Eligible Recipient; d. amounts paid by the fEec~pient in aggregate for Ehgible Projects; e. amounts held at year end by the Recipient in aggregate, including interest, to pay for Ei~?ible Projects; f. indicate in a narrative tine progress that the Recipient has made in meeting its commitments and contributions; g. a listing of ail Eligible P[wects that have been funded, indicating the location, investment category, amount of Funds, nature of the investment and expected outcomes, as identified i~ Schedule E; and, h an annual Audit Statement prepared by the Recipient's auditor in accordance with section 5815 of the Canadian Institute of Chadered Accountants Handbook - Special Repods ~ Audit Repo~% on Comp!ia~ce ~.'~ ~th Agreements, Statutes and Regulations, providing assurance that the terms of the Agreement have been a4hered to and FurioUs received by' the Pec,/.)~e.nt have been spent in a:?(.'.,rdance with the Aqreement. 7 2 Outcomes Report The Rec/p~e,'~t sha',l account ira writing for outcomes achier'ed as a result of the Fu,.ds through an Outcomes P, epo,"t Io be submitted to AMO and to be made available publicly in manner consistent with financial reporting under the b!un/c~pal Act, 2001 S O. 2001 c25 The Outcomes Report will repod in wr'iting on the cumulative investments made. in a manner to be provided by AMO, including information on the de. gr~.,e to which these investments have actually contributed to the object~ves of cleaner air, cleaner water' and reduced greenhouse gas emissions. .15" OTHER REQUIREMENTS 8.1. Capital Investment Plan. The Recipient acknowledges and agrees to undertake and complete, prior to the end of the fourth year of this ,z~greement. a Cap/t~f I,,~vestm, ent Plan. 8 2. Integrated Community Sustainability Plan. The P, ecipient acknowledges and agrees that over the life of this Agreement to develop or enhance an Integrated Community Sustainability Plan, either bY itself or as part of some higher level of agglomeration, as in Schedule G hereto 8.3 Public Sector Accounting Board. The Recipient acknowledges and agrees that prior to March 31,2010, the Recipient wilt adopt and use the accounting rules of the Public Sector Accounting Board, in accordance with provincial regulations 9. RECORDS AND AUDIT 9.1¸ Accounting Principles All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (GA.AP) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended fiorn time to time by the Canadian Institute of Ct~artered Accountants or any successor institute, applied on a consistent basis. 92 Separate Records. Tt~ef?ecipientshallmaintain separate records and documentation for the F~;~ds and keep all records including inw)ices, 10 statements, receipt'.~ and vouci~ers in respect of Eic~,~b/e Proj;ects that Funds are paid in respect of for three (~,) ':,'ears after the [',,'larch 31, 2015. Upon reasonable notice, the Recipient shall submit all records and d~'.:~cumentation relating to the F~;nds to C;]nada for inspection or audit External Auditor. Ca~:~da may request, upon written notification and A,¥~,O has agreed, to complete and provide to C:anad[:~ an audit of ~'/'"'~'~ Pro'~ct AMO shail refltiire the assistance °f an extemal audit°r t° carry out an audit of the ~,a~cr~al referred to in Section ?.2 of this Agreement. If so, the Recif:~ie~t shall, upon request, retain an external auditor acceptable to Caz~ad~.~ a~d AMO at the Rec/p/ent's sole expense The RedPient shall ensure that any auditor who conducts an audit pursuant to this section of this Ac~c, ement or otherwise, provides a copy of the audi~ report to AMO and ~,:~n~da at the same time that the audit report is given to the Recip/ent. 10. INSURANCE AND INDEMNITY 10.1.Insurance. The Rec;f~/ent shall put in effect and maintain in full f°rce and effect or cause to be put into effect and maintained for the period durinq v,,hich this Agf'eefnezff is in effect all the necessary insurance that woulc~ be considered appropriate for a prudent f~?ecJ?ient of this type undertaking a project similar to the E//gible ?rojects, including, where appropriate and without limitation, property, construction and errors and omissions insurance and identifies Canada and AMO as additional insured for the purposes of the Eligible PrOjects only 10.2.Certificates of Insurance. -I"hroughout t[~e term of this Agreement, the Recipient shall provide AMC) with a valid certificate of insurance that confirms the requirements of Section t0.1. 103.AMO not liable a. In no event shall Canada and AMO be liable for: Any bodily injury, death or property damages to the Recipient, its employees, agents or consullants or for any claim, demand or action by aay Third Pa[?y against the Recipient, its employees, agents or consultants, arising out of or in any way related to this Agreement; nor Any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents or consultants a%~ng out of any or in any way related to this Agreement. 104.Recigienttolndemnify. The h~ec/pie~t agrees to indemnify and hold harmless Canada and AMC), its officers, servants, employees or agents, from and against ail claims and demands, loss, costs, damages, actions, 11 Suits Or other proceedings by whomsoe.'er brcught or prosecuted in any manner based upon. or occasioned by any injury to persons, dam~ge ~o orlossordestruc~i°n°fpr°pert/ econom~clossorinfrir~gement°frights caused by or ans~ng directl'/or indirectly from; a. tt~e Pec~ien~'s ~lig','~.~/e P,,ojects; b the performance of this Agreement or the breach of any term or condition of this A~]?'eement by the Recipient, its office~s, aq~n~s, or by a - employees and ~'~ '~ ~ Third Pmfiy, its officers, en,plovees, or agents; c. the pegormance of this Agreement or the breach of any term or condition of this Ao'reement by the Recipient, its officers, employees and agents, or by a Th/rd Pafly, its officers, employees, or agents. d. the design, construction, operation, maintenance and repair of any pa~ of all E!igib/e Pr~?cts; and e. any omission or other wilful or negligent act of the Indemnifier or Third Party and their respective employees, officers, or agents. 10.5.Exception Except to the extent to whict] such claims and demands' losses, costs, damages, actions, suits, or other proceedings related to the act or negligence of an officer, employee, or agent of AMO in the performance of his or her duties. 11 .TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE · 11.1. Retain Title. The P, ecipient shall retain title to, and ownership of, the Municipal Infrastructure resulting from the Eligible Project for at least ten (1 0) years after the E'ligibte Project completion. 11.2.Repayment Any time within ten (10) years from the date of completion of the Eligible Project, the Recipient sells, leases, encumbers or otherwise disposes of, directly or indirectly, any asset constructed, rehabilitated or improved, in whole or in part, with funds contributed by Canada under the terms of this Agreement. other than to Canada, Ontario, a Municif:~ality, or a Crown corporation of Ontario that is the latter's agent for the purpose of impler'nenting this Agreement, the Reci?ient shall repay C~]na(ia on dernand, a proportionate amount of the funds contributed by Canads~, as follows: 12 Where Eligible Project asset is sold, leased, encumbered or disposed of: Repayment of Within 2 Years after Ellgib!e Project con~pletlon ..................................... ;'7 ...... ;---% ....... ; ~ ~;~;~en 5 and 10 Years after ~l~g~,~ Project co ~p et~3n contribution (in current dollars) 1 ,}J O 1 0 93 11.3. Notice. The Rec,'¢,'erff shall advise Ci~nada and Ali, t0 in writing 120 days in advance and at any time (luring the ten (10) years following the _. :_ Fr~ ?~.~, if any asset constructed rehabilitated or completion of an El/q/b/e " .... "~ ' ' ' improved in whole or in part with Funds is sold, discharged or alienated in any way other than to Canada,. 12. DEFAULT AND TERMINATION 12,1 Event of Default. AM() may declare in writing that an event °f default --,,:v'~ has not complied with any condition has occurred when the ReW:..,~, t ' undedakingormaterialterminthisAgreement' AMO will not declare in writing that an event of default has occurred unless it has consulted with the Recipient Each and every one of the following events is a potential "Event of Defauit" a Failure by the Recipient lo deliver an Annual Expend/ture Repo;t, Audit Repo[? or the Outcomes Repo[t. b. Delivery of an Annur~l E,xpenditure Repofl or Audit Repo[? that discloses non.-con~pliance with any condition, undeflaking or material term in this Agreement. 12 2.Waiver. AM( may wit!~draw Event of Default if the Recipient, within thi~y (30) days of receipt of the notice, either correct the condition or event or ctemonstrate, to the satisfaction of AMO that it has taken such ot~po as are necessa%, to correct the conditio 12.3.Remedies on default. IfAMOdecla~estt~atan Event of Default has occurred, after thirty (30) days of declaration, it may immectiately exercise one of the following remedies: a. In the case of default under Subsection 12.1 a, terminate or suspend its obligation to pay the Funds. If A,¥~O suspends payment, · t., sat sfied that the default has ~t may pay susper~ded funds if AMO ~ . been cured 13 In ti,s-: case of an', :inet ,-u-;~,~,,l~ Af~JO will suspend its c~ligation Pay F,~,,nds related to the e',ent of defaull pending sahsfaction that the def3ult has been cured 13. CONFLICT OF INTEREST 131 No conflict of interest. I',lo member of the House of Cornmons. ti~e Senate of Canada the Legislature of ti~e Province of Ontario or AMO Board of Directors will be adm tied to any share or' part of any Contract made pursuant to this A!:/reemerff or to any benefit arising therefrom. 14. NOTICE 14.1.Notice. Any notice, information or ctocument provided for under this Agreement will be effectively given if delivered or sent by letter, postage or other charges prepaid, or by facsimile orernail Any notice that is delivered will have been received on delivery; and any notice mailed shall be deemed to have been received on the eighth (8) calendar day following the day on which it was mailed. 14.2.Representatives. The individuals identified in Section t4.3 of this Agreement, in the first instance, act as AiVlO"s or the Recipient's, as the case may be, ~epresentau,e for the purpose of implementing this Agreement. 14.3. Addresses for Notice. Further to Section 141 of this Agreement, notice can be given at the following addresses' a If to AMO: Executive Director' Federal Gas Tax Agreement Association of Municipalities of Ontario 393 University Avenue, Suite 1701 Toronto ON MSG 1E6 Telephone: (4'16) 971-g856 Facsimile (416'i971 619'1 If to the ~ec~p,"e,q,h Thomas Ouinn CAO City of Picketing One the Esplanade Pickering, ON L1V6K7 Telephone: (905) -,~.,.,-~-.~-,-~- Facsimile' (905) 420-0515 15. MISCELLANEOUS 15.1.Severability. If 'for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 15.2.Nowaiver. The failure of AMO to insist in one or m°re instances °n pert'ormance by the Ftec/p'/ent of any of the terms or conditions of this Agreement shall not be construed as a waiver of AMOs right to require further performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in full force and effect. 15.3.Governing law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 15.4.Survival. The following schedules, sections and provisions of this Agreement shall survive the expiration or early termination hereof: Sections 5, 7, 9.3, 10.4, 10.5, 11, 12.3, 15.7 and ScheduleG. 15.5.AMO and Recipient independent. Nothing in this Agreement and no action by the Part/es will establish or be deemed to establish a padnership, joint venture, principal-agent relationship, or employer- employee relationship in any way or for any purpose with Canada or AMO whatsoever. 15.6.No Authority to Represent. Nothing in lhis Agreement is to be construed as authori;7_ing one Party to contract ior or to incur any obligation on behalf of the other or to act as agent for the other. Nothing in this Agreement is to be (~onstrued as authorizir~g any Recipient or any 15 ~ .~ ~ ~,,. i,,~ur an',,' ~-.~-,--,~f of either ~ ~,,~,~.. to contra:t for or h~ '~ - obliqafion on .....~,,, Pa,fly or to act as agent for e~ther ~esrty 7 Debts Due to AMO. Any amount owed to C~nr~c!a under this A~,r~.~,J,~.f,, will constitute a d sbt due to A~¥,~O, which the P. ec/pie?,t will reimburse forthwith, on demand, to 15.8.Priority. In the event of a conflict, the part of this Agreeme:?t that precedes the signature of the Part/es will take precedence over the Schedules 16.SCHEDULES 16 1. This Agreement, including: Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F Schedule G Schedule of Fund Payments Eligible Cests Impact of investment on Sustainability Outcomes for Local Roads and Bridges Annu~l Ex?enditure Report Outcome Indicators Communications Integrated Community Sustainability Plans constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written ~epresentations and agreements 16 160 17.SIGNATURES IN WITNESS WHEREOF, .A,~,'IO and the Ftec,,'?ient have respectively executed, sealed and delivered this Agreement on the date set out on the front page. RECIPIENT'S NAME' By: City of Picketing Affix Corporate Seal Name: Title: Date Name: Title: Date THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: Affix Corporate Seal Name' PatVanini Title: Executive Director Date In the presence of: Witness Name' Title: Nancy Plumridge Director of Administration and Business Developrnenl Date SCHEDULE A SC HEDULE O F FUND PA'tM EFFFS ...... h.., ,' ~ $ ['.|A~¢IE: City of Pickering ?: 'The following represents tile minimum Funds and schedule of payments ': over the lite of this Ag, ~.~tt,~n~. Year Schedule of Fund Payments July 15th November 15th 2005 $849,577 58 2006 $,124,788 79 $424,78879 2007 $566,32181 $566,321 82 2008 $707,85483 $707,854 84 2009 $1,415,70g 67 $1,415,709 67 SCHEDULE B ELIGIBLE COS TS Eligible Project Costs El,,'cz~ble Costs are all direct costs v,,hich are ~n Canada .~ opinion' a. properly and reaso-~ab~y incurred and paid by the Recipient and no other person; and b. paid under a contract for goods and services necessary for the implementation of an E//~7ib,.'e Project. EI/~bie costs may include only the following: · a the capital costs of acquiring, constructing, renovating or rehabilitating a tangible capital asset and any debt financing charges related thereto; b. the fees paid to professionals, technical personnel, consultants and contractors specifically engaged to undertake tt~e surveying, design, eng~r~eering, manufacturing or construction of a project infrastructure asset and related facilities and structures: c the costs of environmental assessmer~ts, monitoring, and follow-up programs as required by the Canad/~'~n Environmental Assessment Act; or a provincial equivalent; d. the costs related to strengthening the ability of municipalities to enhance or develop tz~tegrated Community Sustainab//ity P/ans. Employee and Equipment Costs a. In the case of Rec//.)/ents that are rernote municipalities the out of pocket costs (not overhead) related to employees or equipment may be included in its Eligible Costs under the following conditions: the Recip/ent has determined that it is not economically feasible to tender a contract; i. employees or equipment are employed directly in respect of the work that would have been the subject of the contract: and i. the arrangement ~s approved in advance and in writing by tile Oversight Committee. Administration Costs a. That portion of F~:nds representing interest earned may be used to pay for administration costs related to the implementation of the Agf'eement. Ineligible Project Costs Costs related to the following items are ineligible costs: a. Eligib/e Proj'ect costs ~nc.urred before Aprl 1~:'~, 2005 b services or works that are normally provided by the Reci?ier~t or a related party: 19 c. salaries and other em,~?foyment benefits o1' any emi;.Ioyec;s of the ReciPient or related party except as indicated irs Section ,~ of Schedule B above~ a Rec/pient's overhead costs, its direct or indirect operating or administrative costs, and more specifically its costs related to [.fanning, engineering, architecture, supervision, ~,-nanagement and other aci~ivit~es normally carried out by its applicant's staffl e. costs of feasibility and planning studies for individual E/igib/e prO/ects; f taxes for which the Recip/ent is eligibIe for a tax rebate and all other costs eligible for rebates; g. costs of land or an,/interest therei~, and related cosls; h. cost of leasing of equipment by the Rec4~)/ent excepl for as indicated in Section 3 of Schedule B above; i. routine repair and maintenance costs; legal fees; k. adrninistrative costs incurred by the Recipient as a result of implementing this Agreement, subject to Section 4 of Schedule B above; and audit and evaluation costs 46,.- 2O SCHEDULE C IMPACT OF INVESTMENT ON SUSTAINABILITY OUTCOMES FOR LOCAL ROADS AND BRIDGES PROJECT DOCUMENTATION Municipal Name Municipal Con'tact N~rne: Position: Municipal mailing addressl Telephone number: Fax number: e-mail: Project Description (type of project (i.e road resur¢acing, road or structure rehabilitation, road drainage improvements, traffic signal installation, installation of Project Location ('road name, bridge name, start & end point, lot & concession- attach key plan if ava'lable) beneficiaries') Outputs (describe which of the outputs are met b.~_t_~]].~_pr?j~_~_.~ [~ther Benefits (if the project benefits are not included in the of out~uts defined in this Schedule C, provide the rationale and the outcomes for the project- i.e. describe how the project will contribute to cleaner air, cleaner water, reduced greenhouse gas emissions ) --~ Expected Outcomes Outputs (provide measurements of the Notes: 1 This Schedule must be completed ~n 3ccorda~}ce ~o instructions provided in "Transfer of Federal Gas Tax Revenues Under lhe New Deal for Cities and Communit*es Municipal Funding Aqreement *" '"" updated once outp ~ measures" and "outcome measures" contained in Sc:t~e,dule E of this ,Ag, d~.m~.n~ have been developed, and approved by the Oversight 21 r-''~ are :,;biect cf' ,;~j,~'ee,,~e,'x and subject .,.65 Outcomes and Outputs: 1. Projects involving the restoration and rehabilitation of existing assets in order to extend the asset lifespan by_several ~/ears ie. resurfacing existing roadways and structure rehabilitation. 2. Projects incorpora_ti_E.nq significant quantities of recycled and reclaimed materials i.e. cold-in-place pavoment recycling, expanded asphalt recycling and granular base reclamatior~ 3. Projects which siqnificantl¥ reduce travel times and distances i.e. new roads and bridges that reduce congestion, increasing travel speeds on the road network, create travel time savings and minimize travel distances. 4. Installation of turning lanes i.e construction of left turn lanes, right turrT lanes, left turn slip around lanes, and right turn tapers. 5. Traffic signal installation_, traffic signal upgEc, di~nc] and traffic signal co- ordination project i.e. installation of new traffic signals, upgrading traffic signal installations, and projects to co-ordinate the timing of traffic signals in urban areas Note' If the EI/g/ble Prq/ect is r~ot one of the above outputs, the Recipient must provide the rationale for including the Eligible Project including how the Eligible Project wilt achieve the outcomes of cleaner air, cleaner water, and reduced greenhouse gases and t,ow the outcomes will be met 22 SCHEDULE D ANNUAL EXPENDITURE REPORT vernmer 0 O0 0 O0 n O0 0 O0 000 0 ¢'0 0 O0 000 0 0 C 000 0 O0 0 0 O0 000 0 O0 0 O0 FUnd!! O.O,O 23 SCHEDULE D ANNUAL EXPENDITURE REPORT (cont'd) PROGRESS REPORT: PROJECT DETAILS: natur~ of the investment and e Project title, location, ir'~,,,'estmer',t ...... ¢,;,:,,, ar'nount of Fu,'.'x. fs, "* expected outcomes 24 SCHEDULE E OUTCOME INDICATORS set of core .. U o _. The impaot of' the '°~:' of tt~e Fur:ds will be measured through a indicators, to be developed by ~l~u Oversight Committee and linked to the flb~,ow~ng outcomes and outputs: OIJ~comes] all! Cleaner Air: [DETERMINE iNDICATOR] b) Cleaner Water: (DETER~'IINE INDICATOR] c') Lower Greenhouse Gas Emissions (GHGs): [DETERMINE fNDIC,~ Outputs: a) Community Energy Systemsl [DETERMINE INDICATOR] b) F'ublic Transit Infrastructure~ [DETERMINE INDICATOR] c) Water Infrastructure: [DETERMINE INDICATOR] d) Wastewater Infrastructure' [DETERMINE INDICATOR] e) Changes in effluent quality [DETERMINE INDICATOR] f) Solid wastel [DETERMINE INDICATOP,',] g) Local Roads and Bridges [DETERMINE INDICATOR] h) Capacity Building [DETERMINE INDICATOR] 25 SCHEDULE F COMMUNICATIONS ,4 The R~.c"~,'~ntj.,fr.. shall: a ensure ail communications by tt~e Recipient referring to projects funded under this Agreement will clearly recognize Canada's investments, b. ensure permanent signage at the location of projects receiving investments under this Agreement, prominently identifying the Government of Canada's investment and including the Canada wordmark. Where there is no fixed location for signage, such as a transit vehicle, a prominent marker will recognize the Government of Canada's conlribution. All signage/plaques will be located in such a way as to be clearly visible to users, visitors and/or passersby; c. regularly report to the public on the outcomes of the investments entered into under this Agreement, including through the Outcomes Reports described in this Agreement; d. ensure the timing of public events shall be sufficient to allow for all orders of government to plan their involvement. The Recipient shall provide a minimum of 2'1 days notice of an event or announcen'~ent; e. unless otherwise arranged, the Recipient shall pay their own costs associated with their communications activities; receive appropriate recognition in communications materials; and, g joint communications material and signage will reflect Government of Canada communications policy, including the Official Languages Act (Canada), and federal-provincial/territorial identity graphics guidelines. 26 SCHEDULE G INTEGRA TED COMMUNITY SUS TAINABILITY PLANS ,~,~,~mic;'pa/it/es in Ontario operate with a sophisticated and comprehensive statutop7 ala(:J regulator~,' framework and are accountable to their residents for all aspects'of municipal polio/making, including operations and capital investment activities. Ontario has demonstrated ils leadership ~n sustainability planning through its well-established land-use planning and initiatiw~s to protect the environment anct provide safe drinking water in Ontario. Mun/cipa!/bes, through their' Official Plans, under the Ontan'o Plaf~z~if~g Act, strive to reflect environmental objectives which are implemented through their municipal planning decisions, municipal capilal plans, strategic plans and sustainability plans. As such, ~'l~,mcitp4~lit/es have demonstrated their commitment to sustainability. The purpose of the Integrated Cemm,~/nity Susta/n~b/lity P/an is to enhance or build upon existing planning instruments and processes. Over the life of this Agreement, Recipients will be required to demonstrate through existing planning instruments and processes or through the creation of new plar~n~ng document that the ll,,.f~;nic~pality has: · a co-ordinated approach to community sustainability (e.g, linkages of various plans, planning and financial tools that contribute to sustainability objectives); · reflected and integrated social, cultural, environmental and economic sustainability objectives in community planning; · collaborated with other Municq)al~ties where appropriate to achieve sustainability objectives; and, · engaged residents in determining a long-term vision for the Municipa!~ty. 27 REPORT TO EXECUTIVE COMMITTEE Report Number: CS 95-05 Date: December 7, 2005 171 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Petition from Residents Surrounding 185 White Pine Crescent Recommendation: That Report CS 95-05 from the Director, Corporate Services & Treasurer be received for information. Executive Summary: Not applicable Financial Implications: Not applicable Background: At the November 7th Council meeting, Council referred Correspondence 2-05, (which is the petition from the residents surrounding 185 White Pine Crescent) to the Director, Corporate Services & Treasurer. In reviewing the petition there appears to be two issues which are: 1. The residents surrounding 185 White Pine Crescent are asking for property tax relief for 2005. 2. The residents are concerned about the vacant property and are wondering if anything will be done. Present Condition 185 White Pine Crescent On or around December 19th, 2002, the home located at 185 White Pine Crescent was substantially damaged by fire. An Order under the Building Code Act was issued by a City inspector in order to remedy unsafe conditions the remaining damaged structure represented. The owner complied with the Order and demolished the above grade portions of the building and capped the foundation in June 2003. The remaining foundation structure is now covered by a blue tarp. The owner applied for and obtained a building permit to rebuild on October 10, 2003, but did not undertake any construction. As a result, the building permit has now been revoked. During the past year, City By-law staff monitored the property periodically to verify that grass and weeds were kept under control in accordance with City By-laws. The City Report CS 95-05 Date: December 7, 2005 Subject: Petition from Residents Surrounding 185 White Pine Crescent Page 2 has no means to compel the owner to commence and complete construction on this property. Property Tax Relief The residents near this property (185 White Pine Crescent) have complained that due to its current condition this property has potentially reduced the surrounding property values in this neighborhood. Consequently, they are asking for property tax relief for their 2005 taxes. Paragraph two of the petition states the following: "This decreases the values of the market for the re-sale or sale of properties in this area." In other words, the petitioners are arguing that the current condition of 185 White Pine Crescent has decreased their property values. Taxation staff contacted Municipal Property Assessment Corporation (MPAC) and asked them to revisit the assessment values for this neighborhood for the years 2005 and up coming 2006. MPAC staff reviewed housing sales transactions for this area and found no evidence from "market information" to indicate that these homes are over assessed. To put another way, current objective empirical evidence does not su.qgest a decrease in property values and therefore there is no negative impact on the surrounding property values. Many residents throughout Ontario do not agree with their property assessment values. Fortunately, the Assessment Act provides two tools for property owners who disagree with the assessment value of their property which are Request for Reconsideration (RFR) and filing a complaint to the Assessment Review Board. For the RFR process there is no fee and the residents would have until December 31,2005 for this year and December 31, 2006 for next year. Although the residents do have this option they may have limited success due to the fact the City has already asked MPAC to review its assessment values for these properties and the results of their review did not support a reduction. Another option is for these residents to file a formal notice of complaint with the Assessment Review Board (ARB) by March 31, 2006 for the 2006 taxation year. The ARB is an independent tribunal of the Province of Ontario. ARB hearings are like going to court and the property owners and MPAC will be asked to attend the hearing and to provide evidence to support their arguments. The Municipal Act provides for several tax tools to assist in the administration of property taxes. Sections 357 and 358 of the Municipal Act provide relief for property taxes under specific circumstatances such as demolition. Under the circumstance described in the petition we cannot apply Sections 357 or 358 to provide property tax relief to the petitioners. In addition, as part of the 357/358 process MPAC is required to provide a reduction in assessment value. Therefore, it appears based on the City's earlier request for MPAC to review these property values, MPAC would probably not reduce the corresponding assessment values for these owners. Report CS 95-05 Date: December 7, 2005 Subject: Petition from Residents Surrounding 185 White Pine Crescent Page 3 l?° This report has been reviewed by the City's Chief Building Official and the Manager, By- law Enforcement Services. Attachments: 1. Petition Prepared By: Approved / Endorsed By: Stan Karwowski Manager, Finance & Taxation Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council , ./' ....-."-'~ ~ / | ~ /c~' ~omas J' Q~.j~n, Clef AOmin~v_e O~cer PETITION ?JTACH M ENT # ,, I CORR. 2-05 . TO REPORT We the undersigned residents in Ward 3, in the CiD' of Picketing, on on Valley Ridge Crescent, are protesting the increase in house taxes for the year 2005, due to the fact of the circumstances of the house which sits directly in close proximity to our properties on Valley Ridge Crescent ancL;or White Pine Crescent. This house fire occurred on December 19, 2002 and as of this date, there seems to be no attempt by a builder for it to be re-built. This greatly decreases the values of the market for the re-sale or sale of properties in this area. It also esthetically does not present a good impression to people wanting to purchase ancl/or move into the area Mth young families. We moved into this area from many different regions of Ontario hoping to have a quiet peaceful neighborhood free from crime and break-ins which have increased substantially this last year. We have heard no feedback from proper authorities as to what is being done in this regards. Name Address Si, 7-U/z x~ H,,qO e' A. /oa . ,/ J / Address Signatures REPORT TO THE EXECUTIVE COMMITTEE Report Number: CS 96-05 Date: December 12, 2005 From: Gillis Paterson Director, Corporate Services & Treasurer Subject: Solemnization of Marriages Recommendation: 1. That Report CS 96-05 of the Director, Corporate Services & Treasurer be received; That the City Clerk and Deputy Clerk be authorized to provide civil marriage solemnization services; That the fee for the civil marriage service be set at $250.00; That the service be monitored for a six month period with a further report to Council; That a by-law be forwarded to Council authorizing the performance of civil marriages for the City of Pickering; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: On September 24, 2004, the Minister of Consumer and Business Services announced changes to regulations under the Marriage Act that authorized municipal Clerks, including Deputy Clerks, to perform civil marriages. Municipalities, through the passage of an appropriate resolution or by-law, now have the option to offer civil marriages as a municipal service if they so choose and to set fees to recover the cost of providing this service. Should a municipality choose to provide this service, the Municipal Clerk may delegate the responsibility to perform these marriages to any person, other than a member of council, under the authority of Subsection 228 (4) of the Municipal Act. Report CS 96-05 Solemnization of Marriages December 12, 2005 Page 2 Financial Implications: It is difficult to estimate the level of interest for this City offered service, however, such inquiries are received on a regular basis. The Town of Ajax and the Municipality of Clarington are each charging a $250.00 fee to provide this service. The cost of the ceremony does not include the $100.00 Marriage Licence fee. It is proposed that the City of Pickering's fee for the marriage ceremony service should be $250.00. Background: On September 24, 2004, the Minister of Consumer and Business Services announced changes to regulations under the Marriage Act that authorized Municipal Clerks, including Deputy Clerks, to perform civil marriages. Previously only Judges and Justices of the Peace were allowed to solemnize civil marriages. During recent years, these court officials have been directed to focus on their court-related duties, thereby reducing access to the civil marriage service. In an effort to increase access to civil marriages in Ontario, the provincial government announced this regulatory amendment. For various reasons, the number of civil marriages in the Province is on the increase and, it is difficult to determine the demand the City would have for this service. In opting into this service, Council can set parameters under which the services will be provided, ie, hours, location, fee. It should also be understood that the Ontario Government states that if a municipality opts in, the municipality must offer the service to everyone who is eligible to be married. Also it must be understood that the civil marriage is not to be a religious marriage. It is recommended that civil marriages be performed Monday to Friday from 8:30 am to 4:30 pm in the Council Chambers and the Gazebo (availability/weather permitting) and that the fee for civil marriages be set at $250.00. There will be three (3) standard ceremonies for the couple to choose from and further, a meeting with the City Clerk or Deputy Clerk be mandatory with the couple prior to the wedding ceremony. Staff will monitor the first six months of the service and report back to Council to determine what adjustments should be made and whether the service should be continued. Once Council has passed the by-law, the Province must provide documentation prior to any marriages being solemnized. It is suggested that the City of Pickering offer the new service effective March 1, 2006. ~eport CS 96-05 Solemnization of Marriages December 12, 2005 Page 2 Prepared By: Approved / Endorsed By: Debi A. Bentley City Clerk Gillis A. Paterson Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Recommended for the consideration of Pickering City C ,o~ nc~.~ t, ,/ '~t~'a~'O.~~, C''7 ,ie~'%in~at' -v :ve' ~ffi/~r CORP0227-07/01 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: CS 90-05 Date: December 6, 2005 ,79 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2006 Interim Spending Authority Recommendation: 1. That Report CS 90-05 from the Director, Corporate Services & Treasurer be received and; That the 2006 Interim Operating Expenditures be approved at 50% of the prior years' budget including adjustments as contained in Attachment 1 and 2, pending approval of the formal 2006 Current Budgets by Council; That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Not applicable Financial Implications: Adoption of interim current operating appropriations does not constitute approval of a formal budget but rather is required to provide funding authorization for the payment of salaries and wages and such other accounts as may be necessary for normal day-to-day operations of the City. At the conclusion of the Budget process, all interim current operating appropriations are nullified and replaced with the detail appropriations as approved by Council. Background: Each year, pending approval by City Council of the annual Operating Budget, it is necessary to provide expenditure authority respecting the payment of accounts for the interim period from January 1 until the Budget is adopted by Council. Such authority is in the form of interim current operating appropriations to meet estimated expense requirements of the individual departments, agencies and boards. Report CS 90-05 Subject: 2006 Interim Spending Authority December 6, 2005 Page 2 The 2005 Current Budget was considered by Council in May 2005. The 2006 budget may prove to be as challenging as 2001 to 2005 due to the City's unique fiscal situation. Therefore, we are seeking approval to provide for interim spending authority for up to the first six months of 2006 or when Council approves the 2006 Budget, whichever occurs first. Appropriate adjustments have been made in the departmental appropriations listed as Attachment 1 where the spending patterns indicates that something greater than 6/12's will be necessary for the first six months of 2006 such as snow clearing (Roads) and election activity. While there is a minor provision for small capital expenditures from current funds, any capital projects proposed prior to the approval of 2006 Capital budget will require specific approval by Council. The Interim Appropriations as listed are based upon the cost centres of the City and being the basis upon which the 2005 Budget was presented and approved. 2006 Pre-Budqet Approvals Included in the interim spending request, are Council approved 2006 pre-budget spending requests as presented below. 195105 Funding for Benchmarking Standards for Sustainability $50,000 211/05 Funding for design and drawings for additional space for Fire Services $100,000 Attachments: 1. 2006 Interim Appropriations for Current Budget Operating Expenditures 2. 2006 Interim Appropriations for Capital Expenditures Report CS 90-05 Subject: 2006 Interim Spending Authority December 6, 2005 Page 3 18i Prepared By: Sarah Kibble Financial Analyst Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer GAP:sk Attach ments Copy: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Chief Executive Officer, Library Recommended for the consideration of Pickering City Council -'~ho'~'~S J. QuinnT~ief Ad~trativ~ ATTACHMENT # 1 TO REPORT Ct CS 90-05 CITY OF PICKERING 2006 INTERIM CURRENT OPERATING APPROPRIATIONS COST CENTRE Animal Control Animal Services Start-up B. McLean, Reg. Coun. - Ward 2 Building Services By-law C. A. O. Office Civic Complex Clerks Office Committee of Adjustment Community Centres Corporate Projects & Policy - Benchmarking Standards for Sustainability Council Support Crossing Guards Cult. & Rec. - Admn. Customer Care Centre D. Dickerson, City Coun. ~ Ward 2 D. Pickles, City Coun. - Ward 3 Development Control Don Beer Arena Dunbarton Pool Elections Emergency Operation Control Centre Environmental Sevices Equipment & Furniture - cap ! curr Finance (Accting, Taxes & Payroll) Fire Protection Health & Saffey Heritage Pickering Human Resources Information Technology K. Ashe, City Coun. - Ward 1 Legal Services Libraries M. Brenner, Reg. Coun.- Ward 1 Mayor Ryan Mun. Prop. Eng. & Admin. Museum Operations & Emerg. Services-Admin. Operations Centre - Municipal Garage Parks Plan & Develop - Admin. Planning Print Shop / Mail Room Programs Property Maintenance R. Johnson, Reg. Coun. - Ward 3 Recreation Complex - Arenas Recreation Complex - Central Core Recreation Complex - Pools Roads Senior Citizens Centre Street Lights Supply & Services Various - General Government 2005 BUDGET $264,000 0 73,153 778,442 568,914 454,043 415,158 529,975 9,960 514,210 741,119 274,317 296,400 893,595 153,521 72,443 73,853 461,586 908,628 289,468 2,100 163,314 26,000 114,000 2,096,401 9,737,565 113,634 6,340 666,155 951,820 71,643 179,272 4,136,511 78 053 125 662 1,316 945 354 787 359 081 783 063 2,337 298 854 750 1,392,429 361,704 1,810,721 412,921 78,103 643,524 2,026,606 709,937 3,720,243 234,528 621,400 297,895 8,192,088 2006 (Jan 1 - June 30) INTERIM APPROPRIATION $0 100,000 36,577 389,221 284,457 227,022 207,579 264,988 4,980 257,105 370,560 50,000 137,159 148,200 446,798 76,761 36,222 36,927 230,793 454,314 144,734 139,000 81,657 13,000 57,000 1,048,201 4,868,783 56,817 3,170 333,078 475,910 35,822 89,636 2,068,256 39,027 62,831 658,473 177,394 179,541 391,532 1,168,649 427,375 696,215 180,852 905,361 206,461 39,052 321,762 1,013,303 354,969 2,232,146 117,264 310,700 148,948 4,096,044 TOTAL $52,749,278 $26,902,613 ATTACHMENT # 2 TO REPORT # CS 90-0~8 ~i CITY OF, PICKERING 2006 INTERIM CAPITAL APPROPRIATIONS 2293 - Animal Services New Van equipped for Animal Services Miscellaneous Equipment $ 30,000 6,000 36,000 2240 - Fire Protection Design and Drawings for Additional Space Total Capital Pre-Budget Approval 100,000 $136,000 184 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: CS 94-05 Date: December 12, 2005 From: Richard W.Holborn, P.Eng Division Head, Municipal Property & Engineering Debi Bentley, CMO, CMMIII City Clerk Subject: Consolidated Municipal Traffic & Parking By-law Repeal of By-laws 2359/87, 55/74, 3604/90, 2366/87, 6181/03, 1684/83, 6300/04, 1660/83 2632/88, 1835/84, Recommendations: That Report CS 94-05 regarding a proposed consolidated traffic and parking By- law be received; and That the attached draft by-law be enacted to provide for the regulation of parking, vehicular and pedestrian traffic on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering and on private and municipal property. That the appropriate officials of the City of Pickering be given the authority to give effect thereto. Executive Summary: As a municipal housekeeping initiative, staff have initiated a consolidation of the various traffic and parking related by-laws. The proposed change is intended to: a) meet the provincial requirement to update regulatory by-laws by January 1, 2006, b) introduce administrative efficiencies by having all traffic and parking related by- laws condensed into a single document, c) provide staff and the public with easier access and information retrieval, d) correct various typing errors (i.e., Strouds Street and/or Strouds Road changed to correctly identify Strouds Lane) in the current by-law schedules e) provide legislative endorsement for the various existing traffic control devices as installed through the development and approvals process, f) eliminate any uncontrolled intersections by initiating stop controls at the conventional approach locations, g) establish a Regionally universal 80 Km/hr speed limit on rural roads, h) update and simplify the existing parking by-law. Report CS 94-05 Consolidated Municipal Traffic & Parking By-law December 12, 2005 Page 2 Financial Implications: By-law Consolidation The consolidation of the municipal traffic and parking by-laws is intended as an administrative corrective action with efficiencies gained through easier information retrieval and distribution. Although the proposed corrective measures may increase revenues generated by court fines due to the improved accuracy of municipal traffic legislation, there are no anticipated costs associated directly with the consolidation process. However, in order to generate a current, comprehensive and accurate document, staff are also proposing changes to the municipal speed and stop control schedules of the new by-law. The specific costs, totalling $20,000.00, associated with the changes are outlined in the applicable sections further within this report and have been included in the draft 2006 Budget. Background: Municipalities typically initiate by-law consolidations every five (5) to ten (10) years. The consolidation process provides for the repeal of existing legislation and the recreation of a new municipal by-law. In this case, the review also meets the City's requirement under the Municipal Act to review our regulatory by-laws. The new consolidated by-law as proposed, not only provides for the changes that have occurred and but also integrates the following various by-laws into one comprehensive document using independent schedules: Previous By-law Controlling 2359/87 55/74 3604/90 2632/88 1835/84 2366/87 6181/03 1684/83 6300/04 1660/83 No Parking, No Stopping, No Parking - Extended Hours No Standing, Permitted Angle Parking, Parking Meter Zones Commercial Vehicle Loading Zones, School Bus Loading Zones Stands For Taxicabs, No Stopping or Parking of Commercial Vehicles, Permitted Parking Prohibition of Heavy Traffic Prohibiting turning movements on municipal streets Stop Signs Yield Signs Designation of Through Highways Establishes Speed limits on municipal streets Establishes Pedestrian Crossovers on municipal streets Designation of reduced load highways Sale of Goods on Highway Report CS 94-05 Consolidated Municipal Traffic & Parking By-law December 12, 2005 Page 3 Legislative endorsement for the various existing development traffic controls In conjunction with the consolidation process, staff have included various amendments to the new municipal traffic by-law schedules. The changes provide legislative endorsement for the Stop controls and adds the development areas to various typical schedules such as the speed schedule (with 40km/hr speed limits), prohibited heavy truck traffic and designated reduced load highway (half loads). As the installation of traffic controls within new development areas (subdivisions) is a Developer requirement, there are no financial implications to the municipality. Elimination of Uncontrolled Intersections Staff have identified 49 %" type intersections throughout the City which currently operate without any traffic controls (see attached Ward maps 1, 2 and 3). Although uncontrolled intersections are functional (requiring traffic on all approaches to stop and proceed if and when the way is clear) much like an Ali-Way Stop, they are typically found in rural environments. As drivers in an urban setting may not be aware of their obligation to stop and assume that traffic on the opposite approach will yield right of way, uncontrolled intersections could pose potentially hazardous conditions. Consequently, staff are proposing to eliminate all uncontrolled intersections by amending the municipal traffic by-law to designate the stop controls on the minor approaches while maintaining through traffic on the major routes. As the design provides for conventional stop conditions (see adjacent sketch) with minimal impact to the community, no community consultation notices have been issued. I I I MAJOR The estimated cost of the work is $5000.00 and has been included in the 2006 Current Budget for Roads 2320. Rural Route Speed limits Recent amendments to the Highway Traffic Act, Section 128.1 (a) and (b) note that save and except those municipalities which had township status prior to the enactment of the 2001 Municipal Act (in Durham being Brock, Uxbridge and Scugog), the statutory maximum speed limit on any highway within a municipality is now 50Km/hr. As the Province initiated the changes with little consultation with municipalities and no public advertising, the public may be unaware of the maximum (unposted) rural route speed limits as they cross jurisdictional township and non township boundaries. Consequently, Durham Regional Police do not have a clear position with respect to speed enforcement on unposted rural routes. Although the technical community has Report CS 94-05 Consolidated Municipal Traffic & Parking By-law December 12, 2005 Page 4 187 expressed opposition to the legislative changes to the Province and anticipate future amendments, the legal process is expected to take years. Consequently, Technical staff from all municipalities within Durham have agreed that in order to maintain inter-regional universality, staff would proceed with reports to their respective municipal Councils recommending amendments to their traffic By-laws to maintain the previously established maximum speed limit on rural routes of 80km/hr. As staff are proceeding with a traffic By-law consolidation, the new document identifies most rural routes within the City of Pickering as having a maximum speed limit of 80 km/hr. Given the proposed speed limit deviates from the statutory rate of 50km/hr, the municipality would be obligated to install signs advising motorists of the maximum rate of speed. An inventory review, identified a need for approximately 150 regulatory speed signs at rural route entry points and mid block locations. The estimated cost for acquisition and installation of the necessary signs is $15,000.00. This cost has been included in the 2006 Current Budget for Roads 2320. Parking Regulatory Changes The new consolidated traffic and parking by-law has included a review of all previous parking restrictions. Sections dealing with parking meters, on-street angle parking, one- way street parking, no parking (extended hours), no standing, commercial vehicle loading zones, taxi cab stands, one way streets, prohibited "u" turns, and parking near street railways have been eliminated, as no locations exist in the City of Pickering requiring these controls. The section regulating sale of goods on the road has been changed to reflect the Sale of Goods on Highway By-law, which prohibits all sale of goods within the limits of any highway. It does permit the licensing of the sale of goods on the highway, if we choose to regulate refreshment vehicles through licensing requirements. The section prohibiting parking on a driveway within 30 cm of a sidewalk or footpath or within 2 m of a roadway is being removed, as there has never been any enforcement of this section, and due to the limited parking in residential areas it is not recommended that enforcement be provided. Provisions still exist for ticketing vehicles which are actually blocking a sidewalk. A second section permitting a vehicle with a disabled parking permit to be exempt from the 3 hour parking maximum has also been deleted. Staff could not find any basis for incorporating this provision, as a homeowner who has a disabled person residing with them should be parking in the driveway of the residence to allow the holder of the permit the least distance to travel to and from the car. The commercial vehicle parking restrictions have been changed from a schedule listing all residential streets in Pickering, to the prohibition of parking of commercial vehicles on all City streets unless engaged in loading or unloading of the vehicle. Report CS 94-05 Consolidated Municipal Traffic & Parking By-law December 12, 2005 Page 5 One final change was incorporated, changing the distance parking is restricted within a driveway from 2 m to l m. Again, this reflects the limited on-street parking and the reality that any on-street parking in a newer subdivision is usually within 2 m of a driveway. The change to a lm distance allows for enforcement of parking restrictions on vehicles which may actually impede access to a driveway due to their proximity. Attachments: Draft Consolidated Municipal Traffic and Parking By-law Submitted By: · ipal Property & Engineering Debi Bentley, City Clerk Approve:dorsed By: Directo ,~O [e~ti~s & Emergency Services Mike Technic~ Traffic Engineering Copy: Chief Administrative Officer Superintendent, Municipal Operations Gillis Paterson, Director, Corporate Services & Treasurer KM'amnba~e~r, ~Bh~s e rvices Recommended for the consideration of Pickering City Cou.n..cil~ ~as j. Quin~ef'A~ministrativ '~f~_ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. xxxx/05 Being a by-law to regulate traffic and parking on highways, private property and municipal property within the City of Pickering. WHEREAS pursuant to the Municipal Act, 2001 and the Highway Traffic Act, by-laws may be passed by the councils of municipalities to regulate traffic and parking on highways, private property and municipal property. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: INTERPRETATION 1. In this by-law, (a) "authorized sign" means a sign or other device placed or erected on a highway or elsewhere pursuant to the provisions of this by-law and includes official signs; (b) "boulevard" means all parts of a highway except any roadway, shoulder or sidewalk; (c) "City" means the Corporation of the City of Pickering; (d) "Director" means the City's Director of Operations & Emergency Services or a designate; (e) "driveway" means improved land on a highway which provides vehicular access from a roadway to a laneway or a parking area on adjacent land; (f) "emergency vehicle" has the same meaning as in section 144 of the HTA; (g) "highway" has the same meaning as in subsection 1(1) of the HTA and includes unopened and unassumed road allowances; (h) "HTA" means the Highway Traffic Act, R.S.O. 1990, c. H.8 and any regulations passed under it; (i) "holiday" has the same meaning as in subsection 29(1) of the Interpretation Act, R.S.O. 1990, c.1.11; (j) "laneway" means improved land adjacent to a highway which provides access from the highway to adjacent property and includes routes constructed for the purposes of providing site access for emergency vehicles, maintenance vehicles, pedestrians and/or stormwater management; (k) "municipal property" means property of the City or any board of the City; Traffic and Parking By-Law Paqe 2 190 "parking space" means that part of the surface of a roadway, municipal property or private property designated by painted lines for the purpose of parking a vehicle; (m) "pedestrian" means a person on foot or an invalid, child or other person in a wheeled chair or baby carriage; (n) "shoulder" means that part of a highway immediately adjacent to the travelled portion of the roadway and having a surface that has been improved with asphalt, concrete or gravel for the use of vehicles; and (o) "sidewalk" means that part of a highway set aside for the use of pedestrians or used by the general public for the passage of pedestrians. Unless the term is otherwise defined in this by-law, terms defined in subsection 1(1) of the HTA shall have the same meanings when used in this by-law. Where any expression of time occurs or where any hour or other period of time is stated in this by-law, the time referred to shall be standard time except in periods when daylight saving time is in effect, in which periods it shall be daylight saving time. The Schedules referred to in this by-law shall form part of this by-law and each entry in a column of a Schedule shall be read in conjunction with the entry or entries across from it. Unless otherwise specified, references in this by-law to sections, subsections, clauses and Schedules are references to sections, subsections, clauses and Schedules in this by-law. If a court of competent jurisdiction declares any section, or any part of any section, of this by-law to be invalid, or to be of no force or effect, it is the intention of the City that every other provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law. The distances identified on the Schedules shall be determined by measuring from the extension of the nearest curb line or, if there is no curb, from the nearest edge of the pavement. GENERAL The Director is authorized to place, erect and maintain such signs as are required to give effect to the provisions of this by-law. The Chief of Police of the Durham Regional Police Service or a designate and the Director are authorized to erect or place temporary "No Parking" signs and "No Stopping" signs on any highway. 10. No person shall place, maintain or display on any highway, any sign, marking or device, which purports to be or is an imitation of or resembles an authorized sign or an official sign. Traffic and Parking By-Law Page 3, 1 9 i GENERAL STOPPING AND PARKING REGULATIONS 11. No person shall park or stop any vehicle on any highway except, (a) where there is a curb, on the right side of the roadway, having regard to the direction such vehicle was proceeding, with the right front and right rear wheels parallel to and not more than 15 centimetres out from such curb; or (b) where there is no curb, with the right front and right rear wheels parallel to and as near to the right hand limit of the highway as is practicable without parking or stopping on or over a sidewalk, footpath or boulevard. 12. No person shall park or stop any vehicle, (a) except wholly within a parking space; (b) so as to occupy more than one parking space; or (c) in such a manner as will prevent other persons from utilizing adjacent parking spaces or obstruct the flow of traffic. 13. (1) In this section, (a) "bus stop" means that part of the highway designated by a sign where buses will stop to take on or let off passengers; and (b) "crosswalk" has the same meaning as in subsection 1(1) of the HTA and includes pedestrian crossovers and school crossings. (2) No person shall stop any vehicle on any highway, (a) (b) (c) (d) (e) (0 (g) (h) on or over a sidewalk or footpath; within an intersection or crosswalk; within 10 metres of a crosswalk; while salt or sand is being applied to, or when snow is being ploughed or removed from, any part of a highway; in such a manner as to interfere with highway cleaning operations; on the roadway alongside of any stopped or parked vehicle; upon any bridge or elevated structure or within any tunnel or underpass; on any median strip separating two roadways or adjacent to either side or ends of such median strip; Traffic and Parking By-Law Paqe 4 14. 15. (i) (J) in a bus stop, except to temporarily stop for the purpose of and while actively engaged in loading or unloading passengers when such stopping does not interfere with any bus; alongside or across a highway from any excavation or obstruction in the roadway where the free flow of traffic would thereby be impeded; or (k) in such a manner as to interfere with the movement of traffic. No person shall stop any vehicle on a highway, (a) within 15 metres of a pedestrian crossover measured on each side of the highway in the direction of travel of vehicles on that side of highway; (b) within 30 metres of a pedestrian crossover measured on each side of the highway in the direction opposite to the direction of travel of vehicles on that side of the highway; or (c) between the hours of 8:30 a.m. and 4:30 p.m., Monday to Friday inclusive, on either side of a highway or portion of a highway that is adjacent to a school. No person shall park any vehicle on a highway, (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) within 1 metre of a driveway or laneway or so as to obstruct vehicles in the use of the driveway or laneway; within 3 metres of a point on the curb or edge of the roadway adjacent to any fire hydrant; within 10 metres of an intersecting roadway or, where authorized signs to that affect are erected, within a distance of up to 30 metres of an intersection; for the purpose of displaying the vehicle for sale; for the purpose of washing, greasing or repairing the vehicle except for such repairs as have been necessitated by an emergency; alongside the tracks of any railway; within 30 metres of the approach side of the nearest rail of any level crossing of a railway; within 15 metres of the leaving side of the nearest rail of any level crossing of a roadway; on any boulevard; for a period longer than three (3) hours; within the turning circle of a cul-de-sac; or Traffic and Parking By-Law Pa.qe 5 J. 9 ~ (I) within 15 metres of the end of the roadway on a dead end highway. 16. No person shall park any vehicle on, (a) private property without the consent of the owner or occupant of such property; or (b) any roadway or laneway on private property marked as a fire route by a sign displaying the information "No Parking" or a symbol in lieu thereof and the words "Fire Route". 17. No person shall park or stop any vehicle on municipal property where, by means of one or more signs, it is indicated that parking or stopping is not permitted. 18. No person shall park any vehicle, (a) within 30 metres of a Regional road on an intersecting highway under the jurisdiction of the City; (b) on any highway within 8 metres of any fire hall on the side of the highway on which the fire hall is located or within 30 metres of such fire hall on the opposite side of the highway; (c) (d) on either side of a highway or portion of a highway which is immediately adjacent to a park or playground; or 19. Nothing in sections 11 through 19 shall be deemed to permit the stopping or parking of a vehicle where stopping or parking is prohibited. STOPPING PROHIBITIONS ON SPECIFIC HIGHWAYS 20. No person shall stop a vehicle on any highway on that side and between those limits set out in Columns 1, 2 and 3 of Schedule 1 during the prohibited times or days set out in Column 4 of Schedule 1. PARKING PROHIBITIONS ON SPECIFIC HIGHWAYS 21. No person shall park a vehicle on any highway on that side and between those limits set out in Columns 1, 2 and 3 of Schedule 2 during the prohibited times or days set out in Column 4 of Schedule 2. COMMERCIAL VEHICLES 22. (1) In this section, "commercial vehicle" means any vehicle designed or operated for the transportation of property, or a bus, which vehicle or bus exceeds 2.6 metres in width or 7 metres in length. (2) No person shall park any commercial vehicle on any highway, except in an industrial area, unless the commercial vehicle is actually engaged in the loading Traffic and Parking By-Law Paqe 6 194 and unloading, delivery and receipt of goods, wares, merchandise or passengers to adjacent premises. SCHOOL BUS LOADING ZONES 23. No person shall stop a vehicle, other than a school bus actually engaged in the receiving or discharging of school children, in any school bus loading zone on any highway on that side and between those limits set out in Columns 1, 2 and 3 of Schedule 3 during the prohibited times and days set out in Column 4 of Schedule 3. DISABLED PERSON PARKING 24. (1) In this section, (a) "designated parking space" means a parking space identified by an official sign for the exclusive use of a vehicle displaying a disabled person parking permit; (b) "disabled person" has the same meaning as in section 1 of Reg. 581, R.R.O. 1990; (c) "disabled person parking permit" means a disabled person parking permit issued under the HTA or a similar permit, number plate or other marker or device bearing the international symbol of access for the disabled and issued by another jurisdiction; (d) "dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (e) "dwelling unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; and (f) "parking lot" means any parking lot or other parking facility, to which the public has access, whether on payment of a fee or otherwise, for the purpose of parking vehicles. (2) A disabled person parking permit issued to an individual is not valid when displayed on a vehicle and the vehicle is not being used to pick up or transport the holder of the disabled person parking permit. (3) A disabled person parking permit issued to a corporation or organization is not valid when displayed on a vehicle and the vehicle is not being used to pick up or transport a disabled person. (4) A disabled person parking permit shall be displayed on the sun visor or on the dashboard of a vehicle so that the international symbol of access for the disabled, the permit number and the expiry date of the permit are clearly visible from the outside of the vehicle. Traffic and Parking By-Law Page (5) (6) (7) (8) Every owner and operator of a parking lot shall provide a minimum number of designated parking spaces therein in accordance with the following table: Minimum Number Total Number of of Designated Parkinq Spaces Parking Spaces 1 - 50 1 51 - 100 2 101 - 150 3 151 - 200 4 201 - 400 5 401 - 800 8 Over 800 8 plus 1 for each additional 200 parking spaces in parking lot For the purpose of calculating the required minimum number of designated parking spaces for multi-unit residential developments consisting of 10 or more dwelling units, the requirements of subsection (5) shall be applied only to the visitor parking provided for the development. Subsection (5) shall not apply to residential developments consisting of less than 10 dwelling unitsl Each designated parking space shall be, (a) (b) (c) (d) (e) (f) hard surfaced and be painted with a non-slip paint in bright blue for the entire surface, with the universal symbol of access overlaid in white or yellow paint; level; a minimum width of four metres; a minimum length of 5.3 metres; a minimum vertical clearance of 2.75 metres; located so sidewalks, paths or walkways will be accessible to disabled persons whether via ramps, aisles, depressed curbs, or other appropriate means without requiring a person to pass behind parked cars or cross a traffic lane; Traffic and Parking By-Law Paqe 8 19,S (g) located with sufficient clearance around the vehicle in terms of other vehicles or obstacles such as light standards and waste receptacles to permit free access by a wheelchair; (h) identified by the official sign be mounted with the base of the sign no less than 1.7 metres and no more than 2.0 metres above grade; and (i) located in a place approved by the City. (9) Where the City permits a gravel surfaced parking space, each designated parking space shall, (a) be identified with a pre-cast bumper curb across its entire width painted a bright blue and securely anchored in place; and (b) meet the requirements of clauses (b) through (h) inclusive of subsection (3). (10) No person shall park such a vehicle in a designated parking space unless, (a) the vehicle is displaying a valid disabled person parking permit; and (b) the vehicle is being operated by or is conveying the disabled person to whom the disabled person parking permit has been issued. PERMIT PARKING 25. (1) In this section, the term "parking permit" means a permit issued by the City for the purpose of providing for exemptions from certain parking prohibitions. (2) The City Clerk is authorized to issue a parking permit to one occupant of each residence that fronts onto the streets identified in Schedule 4. (3) No person other than an occupant of a residence that fronts on a street named in Schedule 4 shall acquire a parking permit. (4) No person shall use a parking permit in a manner or for a purpose not provided for in this section. (5) A parking permit shall be displayed by affixing it to the sun visor on the passenger's side of a motor vehicle parked on the street named on the parking permit and by turning the sun visor so that the parking permit is readily visible from the outside of the vehicle on the passenger's side. (6) A parking permit shall be valid for a period of one year from its date of issuance unless it is has been cancelled pursuant to subsection (7). (7) A parking permit shall be cancelled by the City Clerk where, (a) it was issued on false or mistaken information; Traffic and Parking By-Law Pa.qe 9 .~ 9 "'"~ (b) the person to whom it is issued ceases to be an occupant of a residence on a street named in Schedule4; or (c) a valid parking permit has already been issued to an occupant of the same residence. (8) Notwithstanding the provisions of any section of this by-law, the owner and the driver of a vehicle on which a parking permit is displayed in accordance with subsection (5) is exempt from subsection 5(1) in respect of the street named on the permit. TURNING MOVEMENTS PROHIBITED 26. No vehicle in any intersection or portion of highway set out in Column 1 of Schedule 5 proceeding in the direction or emerging from a property set out in Column 2 of Schedule 5, shall be turned in the direction set out in Column 3 of Schedule 5, during the times or days set out in Column 4 of Schedule 5. THROUGH HIGHWAYS 27. (1) The highways set out in Schedule 6 are designated as through highways for the purposes of the HTA. (2) The designation in subsection (1) of a highway or portion of highway as a through highway shall not include any intersection where the highway intersected is a King's highway or where traffic control signals are installed. STOP SIGNS 28. The erection of stop signs is authorized at each of the intersections set out in Column 1 on the highway approaches as identified in Column 2 of Schedule 7. YIELD SIGNS 29. The erection of yield right-of-way signs is authorized at each of the intersections set out in Column 1 on the highway approaches as identified in Column 2 of Schedule 8. RATE OF SPEED 30. No person shall drive a vehicle at a rate of speed greater than 50 km/h unless otherwise posted. 31. Where any highway or portion of highway set out in Schedule 9 is signed in compliance with the regulations under the HTA, the maximum rate of speed thereon shall be the rate of speed prescribed in Schedule 9. Traffic and Parkinq By-Law Paqe 10 HEAVY VEHICLES 32. (1) In this section, "heavy vehicle" means a vehicle, object or contrivance for moving loads, having a gross weight, including vehicle, object or contrivance and load, in excess of 4,500 kilograms but does not include emergency vehicles, school purpose vehicles or any vehicle operated by or on behalf of the City, regardless of weight, while on City business. (2) Heavy vehicles are prohibited on highways or parts of highways set out in Column 1 of Schedule 10 between the limits set out in Column 2 of Schedule 10. (3) Subsection (2) shall not apply to the use of highways or parts of highways for deliveries to or removals from any premises abutting the highway that cannot be reached except by way of the highway or a portion of highway. (4) The Director is authorized to issue permits for the movement on highways under the jurisdiction of the City of vehicles, loads, objects or structures which are in excess of the dimensional limits set out in Part VII of the HTA or the weight limits set out in Part VIII of the HTA. PEDESTRIAN CROSSOVERS 33. The highways set out in Column 1 of Schedule 11, at the locations set out in Column 2 of Schedule 11, are designated as pedestrian crossovers. REDUCED LOAD HIGHWAYS 34. For the purposes of subsections 122 (1), (2) and (3) of the HTA, the reduced load period shall be that period commencing on March 1st of each year and ending on April 30th of each year. 35. The highways to which the reduced load period designation applies shall be those highways or portions thereof as set out in Schedule 12. RETAIL SALES 36. (1) No person shall sell or offer for sale by retail any goods, wares, merchandise, produce, food or other edible substance or beverage within the limits of any highway. (2) Any person who has the authority to enforce this by-law who has reason to believe that any object or thing referred to in subsection (1) is placed or left on any highway in contravention of this by-law, may cause the object or thing to be removed and taken to and stored in a suitable place and all costs and charges for such removal and storage shall be a lien upon it which may be enforced in the manner provided by the Repairand Storage Liens Act, R.S.©. 1990 c. R.25. (3) If there is a person in charge of the object or thing referred to in subsection (1), the person authorized to enforce this by-law shall produce appropriate identification and inform the person that the object or thing is on a public highway Traffic and Parking By-Law Paqe 11 contrary to by-law and shall give a receipt to the person for the objects or things removed. (4) Any object or thing removed and stored in accordance with subsection (2) and not claimed by the owner within sixty (60) days shall become the property of the City and may be sold and the proceeds shall form part of the general funds of the City. (5) Notwithstanding subsections (2) and (4), anything that is perishable shall become the property of the City immediately upon being removed and may be destroyed or given to any charitable institution. (6) None of the provisions of this section shall apply to any retail activity in respect of which the City has issued a licence. ENFORCEMENT 37. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine for each offence as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. For purposes of this section a separate violation shall be deemed to have been committed for each and every day during which any such contravention continues, and conviction in respect of a contravention shall not operate as a bar to further prosecution if such contravention continues. 38. Part II of the Provincial Offences Act applies in respect of all parking infractions under this by-law. 39. Any person who has the authority to enforce this by-law, upon discovery of any vehicle parked, stopped or standing in contravention of this by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. 40. Where a vehicle has been parked, stopped or left standing in contravention of this by- law, the owner of the vehicle, notwithstanding that the owner was not the driver of the vehicle at the time of the contravention, is guilty of an offence unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner's consent. 41. For the purposes of this by-law, where a number plate issued pursuant to the HTA is exposed on a vehicle, the holder of the permit corresponding to such plate shall be deemed to be the owner of that vehicle and, if such vehicle is found in contravention of this by-law, the owner shall be guilty of an offence, unless the number plate was used without the owner's consent. 42. The provisions of this by-law may be enforced by, (a) a police officer pursuant to subsection 42(1)(h) of the Police Services Act, R.S.O. 1990, c. P.15; and Traffic and Parking By-Law (b) municipal by-law enforcement officers appointed by the City pursuant to subsection 15(1) of the Police Services Act. Paqe 17 APPLICATION 43. This by-law applies to all highways under the jurisdiction of the City and, where applicable, to municipal property and private property. 44. This by-law shall not, if compliance therewith would be impracticable, apply to, (a) emergency vehicles or public utility vehicles; (b) vehicles actually engaged in works undertaken for or on behalf of any municipal corporation; or (c) vehicles actually forming part of a funeral procession for as long as may reasonably be required for the purpose of such funeral. 45. This by-law shall come into force and take effect on the date that the Chief Judge of the Ontario Court (Provincial Division) approves set fines for offences under this by-law. 46. Sections 14, 16, 17,18, 20, 21, 23, 25, 26, 28, 29, 31, 32, 33 and 34 shall not be effective unless authorized signs that clearly indicate the regulation or prohibition have been erected. REPEAL 47. (1) The following by-laws, as amended, are repealed: (a) (b) (c) 1684/83, (d) 2359/87, (e) 2366/87, (f) 2632/88, (g) 3604/90, (h) 6181/03, (i) 6300/04, 55/74, prohibiting heavy traffic on municipal highways; 1660/83, prohibiting the sale of goods on highways; establishing pedestrian crossovers on municipal highways; establishing various stopping, parking and standing controls; providing for the designation of through highways; providing for the erection of stop controls; prohibiting turning movements on municipal highways; establishing speed limits on municipal highways; and providing for the designation of reduced loads highways. (2) After the date of the passing of this by-law, the repealed by-laws as noted in subsection (1) shall apply only to those enforcement proceedings that had been initiated prior to the date this by-law is enacted, and then only until such enforcement proceedings have been concluded. BY-LAW read a first, second and third time and finally passed this day of December 2005. David Ryan, Mayor Debi A. Bentley, City Clerk A'FrACHMt:~ ~; ~' ...... 201 WARD I OPERATIONS & EMERGENCY SERVICES DEPARTMENT UNCONTROLLED INTERSECTIONS ENGINEERING DtVISION ............. WARD 1 N,T.S, SEPT. 08, 2005 WARD 2 OPERATIONS & EMERGENCY SERVICES DEPARTMENT II ...,o,.^...o....~ UNCONTROLLED INTERSECTIONS II ENGINEERING DIVISION I1,-~ ' ~ ....... WARD 2 II N.T.S. SEPT 08. 2005 II ATTACHMEN"F #4_ T¢.i REi:~'i'1'i #.~S OPERATIONS & EMERGENCY SERWCES ~EPARTMENT UNCONTROLLED INTERSECTIONS MUNICIPAL PROPERTY & ENGINEERING DIVISION ,,,,~ ....... WARD 3 N.T.S. SEPT 08 2005 ?0~