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Home My WebLink AboutFebruary 9, 2009 Uhf (J~ Executive Committee Meeting Agenda Monday, February 9,2009 Council Chambers Chair: Councillor O'Connell (I) MATTERS FOR CONSIDERATION PAGES 1. (Acting) Chief Administrative Officer, Report CAO 02-09 Sustainable Pickering -2008 Update and 2009 Work Proaram 1-6 RECOMMENDATION 1. That Council receive Report CAO 02-09 of the (Acting) Chief Administrative Officer providing an update on the 2008 Sustainable Pickering initiative and 2009 work program ; 2. That Council authorize staff and the Sustainable Pickering Advisory Committee to continue to work on the City's Sustainable Pickering initiative with the continued assistance in 2009 of Durham Sustain Ability as outlined in this Report; and 3. That Council agree to the City's participation in "Earth Hour" on March 28, 2009 and authorize staff and the Sustainable Pickering Advisory Committee to take the appropriate actions to engage residents, business and institutions to also participate in this event. 2. Director, Corporate Services & Treasurer, Report CS 01-09 7 -28 City Policy ADM 060 -Records Manaqement Policv RECOMMENDATION 1. That Report CS 01-09 of the Director, Corporate Services & Treasurer be received; 2. That Policy ADM 060 Records Management Policy, be approved; and 3. That the appropriate officials be given the authority to give effect thereto. Accessible._ PICKE~G For information related to accessibility requirements please contact Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: lroberts@citvofoickerina.com Ciu, c~ Executive Committee Meeting Agenda Monday, February 9, 2009 Council Chambers Chair: Councillor O'Connell 3. Director, Corporate Services & Treasurer, Report CS 02-09 29-31 Section 357/358 of the Municipal Act - Adiustment to Taxes RECOMMENDATION 1. That Report CS 02-09 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect thereto. 4. Director, Operations & Emergency Services, Report OES 08-09 32-43 Telus Mobility Lease Renewal Sideline 24,. Between Hiqhwav 7 and Hiqhwav 407 RECOMMENDATION 1. That Report OES 08-09 of the Director, Operations & Emergency Services be received; and 2. That the Mayor and the Clerk be authorized to execute a lease renewal agreement with TM Mobile Inc. ("Telus") substantially on the terms set out in this Report. REPORT TO EXECUTIVE COMMITTEE Report Number: CAO 02-09 Date: February 9, 2009 II' 0 1 From: Thomas Melymuk (Acting) Chief Administrative Officer Subject: Sustainable Pickering 2008 Update and 2009 Work Program File: D-1000-003 Recommendation: 1. That Council receive report CAO 02-09 providing an update on the 2008 Sustainable Pickering initiative and 2009 work program. 2. That Council authorize staff and the Sustainable Pickering Advisory Committee to continue to work on the City's Sustainable Pickering initiative with the continued assistance in 2009 of Durham Sustain Ability as outlined in this Report. 3. That Council agree to the City's participation in "Earth Hour" on March 28, 2009 and authorize staff and the Sustainable Pickering Advisory Committee to take the appropriate actions to engage residents, business and institutions to also participate in this event. Executive Summary: This report provides an update on the work undertaken in 2008 on the City's Sustainable Pickering program and outlines the 2009 work plan for this initiative. It also requests Council's approval to continue to use the consulting services of Durham Sustain Ability (DSA) to assist in delivering the Sustainable Pickering program in 2009. Financial Implications: The approved 2008 budget included a consultant allocation of up to $50,000 for the City's Sustainable Pickering program. Of this amount, approximately $5,000 was not spent because of cost efficiencies and work program refinements. This money has been transferred to the City's Continuing Studies Reserve for use in the Sustainable Pickering program in 2009. Total funding required for the 2009 Sustainable Pickering program is projected at this time to be approximately $75,000. Of this total, $5,000 would come from the Continuing Studies Reserve fund and $20,000 is anticipated to be raised through a Sustainable Pickering sponsorship program. The remaining funds ($50,000) will be included in the 2009 budget for Council's consideration. Report CAO 02-09 February 9, 2009 Page 2 Subject: Sustainable Pickering Update and Work Program 02 This total requested funding for consultants is the same as what has been approved by Council in previous years. Sustainability Implications: Sustainable Pickering is the overall corporate program that coordinates, leads and measures the City's sustainability journey. The program involves and affects all municipal departments and engages numerous outside groups, organizations and individuals. Because of this program, the City has gained a solid reputation as a municipal leader in sustainability both in Ontario and across Canada. Tangible progress was made in 2008 in our Sustainable Pickering journey. As outlined in this report, further progress and advancement will be made in 2009 as the City continues moving forward on a number of fronts, including the launch of our Sustainable Pickering Challenge, the development of a new Sustainable Pickering website, the implementation of our Measuring Sustainability project, and the unveiling of a new initiative called Sustainable Placemaking. Background: The City's Sustainable Pickering journey had its origins in a Council resolution that was passed three years ago establishing a "Benchmarking Committee" to develop standards for sustainability for all new development in Pickering. The work of that Committee lead to the launch in 2007 of a comprehensive city-wide program known as "Sustainable Pickering." Since its inception, Sustainable Pickering has evolved to become an important focus for the City. A Sustainable Pickering framework has been developed based on five broad objectives: healthy environment, healthy society, healthy economy, responsible development and responsible consumption. Since launching the program, significant progress has been made on the City's Sustainable Pickering journey. . milestones 1, 2 and 3 of the Federation of Canadian Municipalities' Partners for Climate Protection (PCP) program were completed; . Sustainable Neighbourhood Development Guidelines were drafted to provide a means of measuring sustainability in all new development in Pickering; . a draft Scorecard for Neighbourhood Sustainability was prepared as a tool for measuring sustainability in existing neighbourhoods of the City; . the first municipal "Office of Sustainability" in Ontario was created; . three Sustainable Pickering Days have been held; . a number of town hall meetings have been held to update the community on the City's Sustainable Pickering program and obtain comments and suggestions on the program; . after an extended consultation process, a final list of "sustainability indicators" has been drafted for testing and implementation in 2009 (see Attachment No 1); Report CAO 02-09 February 9, 2009 , Subject: Sustainable Pickering Update and Work Program Page 3 I. t 07 -:.) . e-bulletins have been issued to staff on a monthly basis providing updates, tips and information on sustainability; . a number of presentations have been given by staff on the City's Sustainable Pickering program including: o the Federation of Canadian Municipalities 2008 Sustainable Communities Conference in Ottawa o the 2008 Peel Energy Matters Summit in Mississauga o the Canadian Institute of Planners 2008 National Conference in Winnipeg o the Association of Municipalities of Ontario's 2008 Annual Conference In Ottawa o the Canadian GeoExchange Coalition's 2008 National Business and Policy Forum in Toronto The City's Sustainable Pickering program has received provincial and national recognition. In 2008, the City was awarded the prestigious FCM-CH2M HILL Sustainable Community award in Planning from the Federation of Canadian Municipalities. Also in 2008 the program was included as a special case study in AMO's on-line resource entitled: "A Sustainability Planning Toolkit for Municipalities in Ontario." 2009 Sustainable Pickering Work Plan The proposed 2009 work plan has been designed to take the City to the next level on our Sustainable Pickering journey and enhance the City's position as a recognized leader in municipal sustainability. With the continued assistance of Durham Sustain Ability, work will focus on the following important initiatives in 2009: 1. A Sustainable Pickering Challenge which will be launched in the first half of 2009. The Challenge is an ambitious, multi-year program that will challenge and engage residents, businesses, community groups, schools, builders/developers and staff in sustainable programs, practices and actions. 2. An enhanced and updated Sustainable Pickering website. The new website will use leading edge collaboration technologies to support community engagement. There will be more interactive components than the current site, and it will also be W3C compliant, designed as a fully accessible platform for the Sustainable Pickering Challenge. 3. The development and use of the principles of Sustainable Placemaking as a basis for the Sustainable Pickering program and a foundation for the transformation of the City from a suburban community to a sustainable City. 4. The preparation of Pickering's first Sustainability Progress Report to show the City's progress with respect to our key indicators of sustainability. This work will be undertaken in part with the assistance of the University of Ontario Institute of Technology. A start on developing sustainability targets will also be made in 2009. Report CAO 02-09 February 9, 2009 Subject: Sustainable Pickering Update and Work Program Page 4 u-zl 5. A second round of staff orientation sessions, to provide an update on the Sustainable Pickering journey and introduce staff across the organization to the concepts and principles of Sustainable Placemaking, and monthly orientation sessions for new staff on the City's Sustainable Pickering program. 6. Participation in and community promotion of Earth Hour 2009, which will be held on Saturday, March 28. 7. The development of a new format Sustainable Pickering Day/Event. 8. Continued promotion and expansion of our Sustainable Pickering sponsorship program. 9. Ongoing marketing and promotion of the Sustainable Pickering Challenge. 10. Review and report on website traffic analytics for the Challenge. Conclusion The City has made excellent progress with its Sustainable Pickering journey over the last three years. A strong foundation has been built, community awareness, understanding and capacity are increasing, and provincial and national recognition has been achieved. The 2009 Sustainable Pickering work plan will learn from and build on our past successes, and strengthen the City's position as one of the countries leading municipalities in sustainability. Attachments: 1. City of Pickering 2008 Key Indicators of Sustainability Approved/Endorsed By: Lynn W nterstein Manager, Marketing & Business Development --,--- LW:lr Report CAO 02-09 February 9, 2009 Subject: Sustainable Pickering Update and Work Program Page 5 Ii I 05 '- Copy: Chief Administrative Officer Recommended for the consideration of Pickering C,ity Council ~C_ (~-~~S) (Ao omas J, Q nn, RDMR, CMM III Chief Administrative Officer .~r Attachment No.1 Report Number: CAO 02-09 06 ONE: HEALTHY ENVIRONMENT . Overall health of Frenchmen's BaylDuffins CreeklAltona Forest . Air quality index status . Water quality status of primary surface water systems in Pickering (via TRCA) . Number of trees added under City's Urban Forest Strategy program . Tree cover in Pickering as percentage of overall area . Aggregate biodiversity index status (biodiversity re land/water, flora/fauna, via TRCA) TWO: HEALTHY ECONOMY . Percentage of population employed locally, or in a home-based business . Jobs to population ratio (i.e., jobs per capita) . Percentage of employees in EN3 businesses (energy/environment/engineering) . Inventory of local job postings . Number of EcoBusinesses (via external certification) THREE: HEALTHY SOCIETY . Average household income, percentage spent on housing costs . Core crime statistics for Pickering and the Region . Community health and safety index (via UOIT) . Community challenge index status (via annual polling/survey program) . Healthcare index status (via selected hospital statistics) . Community perception of crime/safety (via polling/survey program) . Community perception of sustainability (via polling/survey program) . Number of kilometres of walking/cycling paths per capita FOUR: RESPONSIBLE DEVELOPMENT . New residential units & non-residential floor area certified under recognized green building program (LEED, Green Globes, EnergyStar) . Percentage of residents commuting by transit, bicycle, walking . Average commuting distance per capita . Percentage of residents working outside Pickering . Percentage of buildings that provide live-work opportunity . Number of neighbourhoods that have achieved more than a 50% rating under the City's Sustainable Neighbourhood Scorecard . Number of hectares being utilized for agricultural/related production FIVE: RESPONSIBLE CONSUMPTION . Greenhouse gas emissions per capita for corporate operations, for City at large . Volume of water consumed per household . Volume of wastewater discharged to sewers per household . Total amount of solid waste sent to disposal: residential, non-residential . Percentage of household budget spent on locally grown foods . Total economic value of local agricultural products & services REPORT TO EXECUTIVE COMMITTEE Report Number: CS 01-09 Date: February 9, 2009 -\ 7 U, From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: City Policy ADM 060 ' - Records Management Policy - File: A-1100 Recommendation: 1. That Report CS 01-09 of the Director, Corporate Services & Treasurer be received; 2. That Policy ADM 060 Records Management Policy, be approved; and 3. That the appropriate officials be given the authority to give effect thereto. Executive Summary: On February 19, 2008, Council repealed By-law 737/77 and approved By-law 6835/08. The City Clerk then forwarded the approved By-law to the City's Auditors, Deloitte and Touch LLP, which was reviewed and approved in 2008. Therefore, a City Records Management Policy, ADM 060 was required to ensure effective implementation of By- law 6835/08. Financial Implications: An effective Records Management program will ensure that documents are created, stored and destroyed in a cost efficient manner. Sustainability Implications: A Records Management program is crucial in ensuring the City is in compliance with legislation and allows the City to destroy records that are no longer required, and sustain vital records for future stakeholders. Report CS 01-09 February 9, 2009 Page 2 Subject: ADM 060 Records Management Policy Or. Background: As part of the regulatory by-law review process, the Records Management By-law was amended. A proper Records Management program serves as a vital administrative function by providing the right information to the right person, at the right time, in the right medium and at the lowest cost possible to the organization. A substantial element of a Records Management program is having the entire organization engaged, and a City Policy will ensure that all staff are following the same procedures. Attachments: 1 . ADM 060 - Records Management Policy Prepared By: Approved/Endorsed By: rY~/.t~ Lisa Harker Coordinator, Records & Elections ~ ' J_~~C>../~ Debi A. Wilcox City CI~ ..s-~ ~" Gillis A. Paterson Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council CAD CORP0227-07/01 revised CUlf o~ Attachment No. 1 to Report CSOl09 CITY POLICY 09 Policy Title: RECORDS MANAGEMENT POLICY Policy Number: ADM 060 Reference: Date Originated: Date Revised: Records Management By-law November 2008 Approval: Chief Administrative Officer Point of Contact: Deputy Clerk Policy Objective The Corporation of the City of Pickering (the "City") is committed to promoting and facilitating good record keeping in order to support accountability and effective government administration. The Corporation is also committed to ensuring that the right information is provided to the right person at the right time. The City will achieve this objective through the adherence to the Records Management Policy and Records Retention By-law to provide for record security, ease in locating records, minimal duplication, cost efficiency, and maximum service and access to users (Council, staff and our community stakeholders). All organizational records shall be retained and disposed of only in accordance with the retention by-law and with this and related polices and procedures. The retention schedules shall be developed in accordance with all applicable laws and regulations and good business practices. Compliance with them is mandatory on the part of all departments and employees. The objective of this Policy is to: 1. Compile and maintain a comprehensive inventory of all corporate records with the aid of a standard corporate records management software package (Laserfiche) . 2. Maintain a records classification system and an efficient indexing I retrieval system for all records created or used by the City. 3. Establish appropriate retention periods for the City's records and a cyclical approach to transferring records from active to in-active storage and provide efficient and prompt disposal of records when their administrative, legal and fiscal values have ceased. 4. Preserve records of enduring value or historical significance. 1 0 5. Standardize the type of equipment and supplies used in the maintenance of records within corporate facilities and provide for records management input into the design of existing or future accommodation of City facilities. 6. Provide training for staff involved in delivering and using the Records Management program. 7. Meet the necessary requirements to maintain a vital records program including a disaster recovery plan. 8. Facilitate processes which eliminate or reduce the need for the creation and retention of unnecessary records, including but not limited to forms, directives, reports, and all manners of correspondence (letters, memoranda and emails). 9. Provide records management input into the planning and development of systems designed to enhance information management. 10. Ensure access to all corporate records are created and maintained in an appropriate storage medium that is cost-effective, promotes easy access in a timely manner, and will satisfy retention requirements. Storage medium options will include, but are not limited to micrographics, paper and imaging. Index 01 Definitions 02 Responsibilities 03 Corporate Classification System 04 Paper / Hardcopy Records Management - Active Records Management 05 Paper / Hardcopy Records Management - In-Active Records Management 06 Paper / Hardcopy Records Management - Record Destruction 07 Paper / Hardcopy Records Management - Duplicate Copies and Transitory Records 08 Electronic Document Management 09 Records Retention at the Desktop Level Policy Title: Records Management Policy Policy Number: ADM 060 Page 2 of 20 '1 1 10 Electronic Mail (email) 11 Word Processing Files 12 Electronic Spreadsheets 13 Personal Organizer Files 14 Directory Architecture 15 Archiving Electronic Records & Data Preservation Appendix 1 Transitory Records Appendix 2 Storage Mediums 01 Definitions: 01.01 01.02 01.03 01.04 01.05 01.06 01.07 Active Records - Records that are current year, current year plus one year, or referred to on a regular basis. Alpha-numeric - A filing system combining alphabetic and numeric symbols to develop codes for classifying information. Centralized Files - Records that are generated or used by more than one organizational unit but are systematically arranged in one location and placed under the control of one staff person. Councillor's Records - Are considered "personal" records that are not subject to the Act where they are not related to the discharge of the councillors responsibilities as a member of councilor to some aspect of City Council's mandate and they are not in the custody or control of the City. A careful analysis of all relevant factors is required. Destruction Certificate - A list describing the contents of a record or group of records for which retention periods have expired and are prepared for destruction and which demonstrates approval for disposition. Disposal - The process of destroying obsolete records. Electronic mail (email) messaqes - Communications created, sent or received on an electronic mail system and include any Policy Title: Records Management Policy Policy Number: ADM 060 Page 3 of 20 1 2 01.08 01.09 01.10 01.11 01.12 01.13 01.14 01.15 attachments transmitted with the message and the associated transmission and receipt data. Email messages include those sent or received internally or externally. Electronic mail (email) system - Is a computer application used to create and receive electronic messages, and to transmit electronic messages and any other electronic documents in the form of attachments between individual users and/or groups of users. Electronic Records - Means any record that contains machine readable information or information that is created, used or stored in a digital medium. The information may be text, numbers, graphs, line drawings, pictures, images, or sound. Includes but is not limited to: word processing files, spreadsheet files, presentation graphics, electronic images, databases, audio and video recordings, voicemail, and email. Electronic records occupy media such as magnetic disks or tapes, audio or videocassettes, and compact or optical disks including all information stored on Laserfiche. File Inteqrity - Accuracy and completeness of records. In-active Records - A series of records which are older than current plus one year and which are not regularly accessed. Record - Means any record of information however recorded, created or received, whether in printed form, on film by electronic means or otherwise and includes: correspondence, a memorandum, a book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, videotape, machine readable record, any other documentary material, regardless of physical form or characteristics, and any copy thereof. Records Inventory - An identification and qualification of all the records under the custody and control of the City. Retention Period - The period of time during which records must be kept before they may be disposed of, usually in terms of years or contingent upon an event (i.e. T = Termination). Retention Schedule - A timetable that identifies the length of time a record must be retained (active and in-active status) before final disposition. Policy Title: Records Management Policy Policy Number: ADM 060 Page 4 of 20 1 3 01.16 Transfer List - A list describing the contents of a group of records, which are moved from an active storage area to an in-active storage facility. 01.17 Transitory Records - Those records and email messages that are required only for a limited time to ensure the completion of a routine action or the preparation of a subsequent record. Transitory records do not include records required by the City to control, support, or document the delivery of programs, to carry out operations, to make decisions, or to account for activities of the City (Appendix 1). 01.18 Vital Records - Records that are essential to resume or continue the organization's operations; those necessary to create the City's legal and financial position and/or those necessary to preserve the rights of the City, our employees and customers. 02 Responsibilities: 02.01 Department/Division Heads to: a) Actively support and understand the Records Management Policy and the procedures to ensure corporate adherence to the requirements of the Policy. b) Appoint a representative to the Records Management Team to perform the roles and functions as identified in the Policy and any supporting Procedures. c) Provide the necessary tools and training to ensure the effective implementation and adherence to the Policy. 02.02 Deputv Clerk to: a) Maintain a thorough knowledge of the Records Management Policy and supporting Procedures and relevant legislation. b) Ensure a consistent, cost-effective, and efficient approach to the management of corporate records. c) Provide ongoing training and guidance to staff within their area of responsibility to ensure compliance with guidelines and procedures outlined in this Policy and related procedures. d) Maintain the integrity of the records management program. Policy Title: Records Management Policy Policy Number: ADM 060 Page 5 of 20 1 4 e) Establish standards for public access to corporate information through active dissemination and routine disclosure. f) Establish regular communication with user departments / divisions. g) Assist designated Records Management Representatives ("RMR") in the implementation of the program. h) Ensure all departments / divisions are in compliance with records management policies and adherence to established procedures. i) Conduct initial corporate record inventory and ensure ongoing accuracy of it. j) Develop and maintain the Corporate Classification Index. k) Ensure the retention by-law is regularly reviewed for compliance with Provincial/Federal requirements and accurately reflects all corporate records, and ensure that necessary revisions are submitted to Council for approval. I) Ensure record transfers and disposals are conducted in accordance with the retention by-law. m) Establish a centrally managed corporate records centre (archives) and maintain an inactive records inventory. n) In cooperation with the Information Technology Section ("IT"), establish standards for application of storage mediums including paper micrographics and electronic storage systems. 0) Maintain a page on the City's Intranet and Internet through the Laserfiche system pertaining to Records Management ("RM") including Policies, Procedures, Retention By-law, Corporate Classification Index and forms. p) Administer the electronic RM system (Laserfiche) including but not limited to file structure development, template design and maintenance, report design, and process development. In cooperation with IT, coordinate requests from staff for user access rights on the electronic RM system (Laserfiche). Policy Title: Records Management Policy Policy Number: ADM 060 Page 6 of 20 1 r- :) q) In cooperation with IT ensure that vital records are protected in an appropriate manner so as to ensure access and use in the event of disaster. 02.03 Information Technolooy Section to: a) Maintain knowledge of the Records Management Policy and supporting Procedures as they pertain to IT. b) Ensure a consistent, cost-effective, and efficient approach to the management of electronic corporate records. c) With the assistance of the Coordinator, Records & Elections coordinate transfers and disposals of electronic corporate records are conducted in accordance with the retention by- law. d) Ensure RM software is functional and current. e) In cooperation with the Deputy Clerk, implement industry standards for application of electronic storage mediums. f) In coordination with the Coordinator, Records & Elections manage the security of the electronic RM system (Laserfiche) including access and functionality security. g) In cooperation with the Deputy Clerk ensure that vital records are protected in an appropriate manner so as to ensure access and use in the event of disaster. 02.04 Manaoement & Supervisory staff to: a) Ensure each unit's records are maintained in accordance with the Records Management Policy, supporting Procedures and the Records Management By-law. b) Adhere to the Records Classification System and records retention schedule approved by the City for all corporate records. c) Comply with records management standards for creation, maintenance and use of records. d) Ensure staff are provided the necessary training to enable them to perform their responsibilities detailed in the Records Policy Title: Records Management Policy Policy Number: ADM 060 Page 7 of 20 i 1 1 6 Management Policy, supporting Procedures and Records Management By-law. 02.05 Records ManaQement Representative ("RMR") to: a) Actively participate on the Records Management Team. b) Liaise with the Deputy Clerk regarding changes to department I division methods, functions and structure and request any necessary amendments to the Corporate Classification Index. c) Ensure departmental records are maintained and updated in accordance with the program. d) Manage filing supplies for the paper files and ensure storage requirements are met. e) Verify records transfer list, annually coordinate transfer approvals and ensure records are properly prepared for transfer to in-active storage. f) Verify Destruction Certificates and coordinate necessary sign-ofts. 02.06 Users I File Clerks to: a) Maintain records in good operational order, according to this policy and supporting procedures, to ensure file integrity. b) Prepare new folders when necessary. c) Liaise regularly with RMR. d) Notify RMR of any suggested new classifications, modifications to the retention schedules, and any errors or omissions listed in the records retention schedules. e) Prepare records for transfer to inactive storage in accordance with established procedures. f) Eftect daily disposal of email and personal PC records and any other records. Policy Title: Records Management Policy Policy Number: ADM 060 Page 8 of 20 1 7 03 Corporate Classification System: 03.01 The Classification System is alpha-numeric by subject and will be applied to all corporate records, regardless of medium. 03.02 The Classification System will be centrally managed. Any required changes will be done by approval of the Deputy Clerk. 03.03 The standard system is divided into primary and secondary subjects. The six primary headings are: A Administration D Development F Finance L Law o Operations S Services T Transportation The secondary subjects represent the numeric block of a defined job function (i.e. 1400 - Municipal Council and Standing Committees - General) within a major business function (i.e. A - Administration). 03.04 Occasionally, secondary subjects may be further subdivided into a third or tertiary subject heading, when a secondary subject requires further breakdown (i.e. A-1400-002 - Executive Committee). 03.05 All electronic files created and managed on network directories and in the electronic RM system (Laserfiche) shall be structured and arranged in the same order as the Corporate Classification Index. 04 Paper I Hardcopy Records Management - Active Records Management: This section addresses the Management policies to be applied to the City's paper / hardcopy records. 04.01 Where possible all active records will be centrally maintained within work units / divisions. Corporate files should not be kept in individual offices or desks. 04.02 Access to records containing personal information shall be limited to staff who need access to the record in the performance of his or her duties and if the disclosure is necessary and proper in the discharge of City business. Policy Title: Records Management Policy Policy Number: ADM 060 Page 9 of 20 1 8 04.03 Filing responsibilities will be assigned to designated staff members to ensure consistency and compliance with Procedures. 04.04 Only active records will be maintained in office in accordance with retention schedules. 04.05 A cyclical approach to file maintenance will be employed. Where appropriate, annual files will be created to facilitate the systematic approach to file retention and disposition. 04.06 Active files shall be maintained in filing cabinets. Access to records identified as highly sensitive or confidential shall be limited and cabinets containing these records shall be locked when not in use and at the end of every business day. 04.07 For health, safety and security reasons, records transferred to file boxes shall not remain in office, but shall be transferred to the appropriate in-active (or semi-active) storage facility. 05 Paper I Hardcopy Records Management - In-Active Records Management: 05.01 All in-active records shall be transferred to archive storage. 05.02 A batch transfer of in-active files will be conducted annually. Ad hoc transfers may also be conducted throughout the year, if required. 05.03 In-active storage facilities are centrally managed and access is restricted for security purposes. 05.04 A combination of electronic I digital, microfiche and paper mediums will be used for the storage of in-active records. The optimum storage medium is determined through the analysis of the record class (Appendix 2). 06 Paper I Hardcopy Records Management - Record Destruction: 06.01 Records due for disposition (as determined by the Records Retention By-law) will be disposed of through a batch process once per year (typically Dec-Jan). 06.02 To ensure security of confidential information, all record disposals will be done via a shredding company. Policy Title: Records Management Policy Policy Number: ADM 060 Page 10 of 20 1 9 06.03 The Clerks Division, in cooperation with Supply & Services, will schedule the shredding. 06.04 Destruction Certificates must be prepared. Certificates must include the necessary sign-off authorization for each record prior to shredding. 07 Paper I Hardcopy Records Manaaement - Duplicate Copies and Transitory Records: 07.01 Duplicate copies or transitory records are records that have only temporary value and which are not required to meet statutory obligations, set policy, establish guidelines or procedures, certify a transaction, become a receipt or provide evidence of legal, financial, operation or other decisions for the City. Copies of these records may be maintained by City employees in their own offices or elsewhere for convenient reference or other purposes. These additional copies may be in the same format as the official record copy or in a different format. Regardless of the medium, they are duplicates for the purposes of retention. They are City property and are subject to this and all corporate records management policies and procedures. 07.02 Duplicate and transitory records shall not be specifically referenced in the City's Records Retention By-law, but instead are subject to the following: a) That the duplicate and/or transitory record for a particular record series is fully and exclusively satisfied by the record copy. b) Duplicate and transitory records should be discarded at the earliest practical opportunity when they are no longer needed for reference purposes. c) In no case are duplicate records to be retained longer than the time period stipulated for the record copy. d) Duplicate or transitory records are not to be sent to the archives or any other off-site storage. e) Sometimes duplicate records can become "new" records and therefore would be subject to the retention rules. For example, when annotations of substantive value are made to a duplicate record, that record then attains value as a separate record, which may need to be considered a new Policy Title: Records Management Policy Policy Number: ADM 060 Page 11 of 20 20 "official" record for purposes of retention (i.e. retention time may increase). f) Copies of certain records series for back-up or vital records protection are to be retained in designated storage locations for the same time periods as the corresponding record copies (i.e. microfiche copies). 08 Electronic Document Manaaement: 08.01 Laserfiche Document Management Software System provides for the following and shall be the standard system used as a central repository to maintain a current and accurate inventory of all electronic corporate records retained for long-term use in accordance with this policy and the City's Records Retention By- law (excludes records, data, graphs, maps, plans, drawings created in a dedicated software database system maintained exclusively for said records, including but not limited to GIS-based systems, Amanda, Customer Care Tracking System and Vailtech). The Laserfiche system can be utilized for: a) Scanning and importing tools to bring documents into the system b) Archiving and storing documents c) Indexing to organize documents d) Retrieval tools for finding records e) Access control to provide documents to authorized users 08.02 Specific procedures shall be created for: scanning and entering data, ensuring that all information with the images is readable and that the accuracy of index terms is verified, revising and deleting images, system back-ups and recovery, security and record disposition. 08.03 The file structure within Laserfiche shall be designed to reflect the Corporate Classification Index. 08.04 Standard indexing templates shall be managed by the Deputy Clerk. All records managed in Laserfiche shall be indexed using the respective index template. Policy Title: Records Management Policy Policy Number: ADM 060 Page 12 of 20 21 08.05 The Laserfiche administrator shall be the Deputy Clerk and is responsible for administering the file structure within Laserfiche, conducting user training, and establishing and authoring system documentation. 08.06 IT shall be responsible for system back-ups, security, user permissions, and data migration and disposition. 08.07 The City is the owner of all electronic records created, received, and/or maintained by City employees in support of the City's mission, business operations, and other activities. They are the City's property. 08.08 The City's ownership further extends to electronic records created, received, and maintained by third-party contractors that pertain to City operations and activities. These records too, are subject to this policy. 09 Records Retention at the Desktop Level: 09.01 Essentially the City's electronic records at the desktop level may be classified into one of the following types of records: project management data, email records, word processing files, spreadsheets, and personal organizer files. 09.02 All employees who create and use electronic records and information are responsible for the following: a) Maintaining all electronic records in a manner designed to ensure their accessibility, integrity, confidentiality, authenticity, and usability for any and all business of the City. b) Maintaining proper security over all electronic records. All electronic records created, received and/or maintained on the City's computers shall be accessible to employees as necessary for their specific work responsibilities. The City's information security policies and practices will govern access and security over these records. c) Organizing and indexing all electronic records in a manner designed to facilitate their efficient access and use, not only by their creator but also to other City staff who may be required to use them. Policy Title: Records Management Policy Policy Number: ADM 060 Page 13 of 20 22 d) Effecting the regular and systematic disposal of electronic records, in accordance with the City's Records Retention By- law and with these and other policies and procedures. e) Promptly halting the disposal of relevant electronic records upon notification of litigation proceedings conducted by Legal Services. 09.03 Desktop PurQe Days - All users are responsible for conducting one or more Desktop Records Purge Days each month. All employees are required to review all electronic records and files under their custody and control on their I:\drive, and effect the disposal of all files no longer required. The RMR for each work unit is responsible for encouraging staff to review and purge (as appropriate) their Department I Work Unit Network Directory. Records eligible for disposal will be deleted or purged from all storage media under user control - hard disks, network servers and removable disks. Note: when electronic records are deleted from desktop hard drives, all backup copies must be deleted as well (IT back-ups excluded). 10 Electronic Mail (email): Notwithstanding the Personal Computer Use Policy (ADM 030) this section addresses the email messages as records and defines policy for retention use and disposition of emails either created on or received in the City's email system. 10.01 Email is NOT a long~term storage repository. The City's email system is a tool to facilitate communications, and is not for the long- term preservation and storage of City Business Records. 10.02 The maximum retention period for an email record is 90 days after the message is sent or received. This 90-day retention period also applies to drafts and attachments and archived email messages. 10.03 Storage of email messages and attachments are subject to limitations. All employees are required to delete email messages on a monthly basis that are no longer required. 10.04 Emails older than eighteen months will be automatically archived. IT reserves the right to alter this time parameter should the volume of available disk space require it. 10.05 The following types of email messages are considered records and should be saved and filed in the same way as records: Policy Title: Records Management Policy Policy Number: ADM 060 Page 14 of 20 2 ~~ a) Messages that reflect the position or business of the department/work unit; b) Messages that initiate, authorize or complete a business transaction; c) Messages received from external sources that form part of a departmental record; d) Copies containing more or less information than the original record; e) Original messages of policies or directives; f) Original postmaster messages, and where the information does not exist elsewhere; g) Messages related to work schedules and assignments; h) Agenda and minutes of meetings; i) Briefing notes; j) Final reports and recommendations. 10.06 Email records shall be: a) Filed in the corresponding electronic file; b) Printed and filed in the work unit's central paper file system; or c) Saved and classified in Laserfiche prior to deleting the message from the email system. Emails filed in Laserfiche shall be indexed using the email template and shall include any and all attachments. 10.07 The following types of email messages are considered transitory records: a) Drafts created, sent or received and used for information or reference purposes only; where any additional information has been incorporated into subsequent versions; or where they are rough or working drafts that are not required to document the steps in the evolution of a document. Policy Title: Records Management Policy Policy Number: ADM 060 Page 15 of 20 24 b) c) d) e) f) Messages that are copies of information used only for convenience of reference and not as the official record. Messages in a form used for casual communication. Informal messages or rough drafts that are not required as evidence in the development of a document. Miscellaneous notices of employee meetings, holidays, etc. Messages received as part of a distribution list or received from other Internet sources, solely for convenience or reference. 10.08 Transitory emails as described in 01.06 shall be deleted from the email system within 90-days of sending or receiving the email and once the information is no longer of use. Transitory emails shall not be stored on a local drive for long-term storage. 10.09 Email messages sent internally for administrative or organization requirements are considered duplicate copies. These messages may be deleted once the information is no longer of use to the recipient. The onus is on the originator to ensure that the original message is retained as a departmental record. 10.10 If you reply to any of these emails, you are adding to the copy, and therefore, creating a new original. As the originator you must determine if this new message is a departmental record and needs to be retained. 11 Word Processina Files: 11.01 All documents created within word processing applications (including desktop publishing applications) are considered Word Processing Files. 11.02 Where the document is intended to produce a paper copy, the user shall delete the original and any draft versions after the final version is printed and placed in the work units centralized file system. 11.03 Where the electronic document is intended to be the official "file" copy of the record, the user shall not delete it without specific or general disposal authority, unless paper equivalents exist. 11.04 Where the electronic document is created as a word processing file but is printed in hardcopy and requires a signature (i.e. a letter or Policy Title: Records Management Policy Policy Number: ADM 060 Page 16 of 20 0f.) L.-... report) the electronic document shall be considered a draft or working copy. If this record is to be retained electronically, the signed hardcopy must be scanned into Laserfiche. 12 Electronic Spreadsheets: 12.01 Where the spreadsheet is used to manipulate and evaluate data supplied by another database, the spreadsheet shall be deleted when the information is no longer required or within 90 days of completing the task. 12.02 Where the spreadsheet is used as a database, regular reports shall be generated and saved and classified into Laserfiche or printed and filed in the work units central paper file system. 12.03 Spreadsheets used as a database shall be stored on the network directory. 13 Personal Oraanizer Files: 13.01 All entries on the calendar, diary, "to do" lists, address lists and all other personal organizer application files shall be deleted when no longer required. 14 Directory Architecture: 14.01 Directories are the equivalent of a file folder used for paper records and are used and relied on for assisting and maintaining organized electronic files. The Corporate Directory Architecture is designed by the IT and RM Team. The design is intended to provide a controlled central repository for staff use. It is imperative that directories be carefully and logically created and maintained. Too many or too few directories foster confusion. 14.02 C:\ Drive - The C:\drive is the hard drive on a PC. This drive is not included in the IT file backup protocol and files stored on this drive are not easily shared or referenced. As such, no files shall be stored on this drive. 14.03 I:\drive - IT provides each staff member with a network drive to be used only by that staff member. Only records of a "personal" nature shall be stored on the employee's designated I:\drive. Corporate records, templates or reference files shall not be stored on the I:\drive. Policy Title: Records Management Policy Policy Number: ADM 060 Page 17 of 20 26 14.04 J:\drive - Every Department/Work Unit is assigned a J:\drive. This network drive shall be accessible by each staff member of the work unit. The file structure on J:\drive shall be consistent with the Corporate Classification System. This drive shall be used to store drafts, working copies, templates or reference files. This drive shall not be used for long-term storage of permanent, electronic corporate records. Files such as these shall be stored in Laserfiche. 15 Archiving Electronic Records & Data Preservation: 15.01 Records Stored in Laserfiche for long-term retention shall only be stored in .tff format and the associated OCR files shall be in ASCII format. Thus, providing a system of standard, non-proprietary image and text formats, which will facilitate future conversions as required. 15.02 Archived records shall be loaded and migrated annually to preserve the integrity of the records and to retain the ability to retrieve, display and use them over time. 15.03 Storage of media used for electronic archived records should be environmentally controlled as follows: a) maximum 200 C with relative humidity of 20-30%; b) maximum 150 C with relative humidity of 20-40%; or c) maximum 100 C with relative humidity of 20-50%. Policy Title: Records Management Policy Policy Number: ADM 060 Page 18 of 20 )" ~.. / APPENDIX 1 Transitory Records Ongoing destruction or deletion of transitory records is the key to managing information effectively and reducing records-related costs. It should be part of everyone's normal administrative practices to "read and delete" and make good use of your recycling bin. Common types of transitory records, which can and should be discarded as soon as you (and all other relevant users) are finished with them: q Miscellaneous notices or memoranda, such as "To All Staff', emails, notices of holidays or special events, or minor information items concerning routine administrative matters or other minor issues not pertaining directly to your program area. q Information copies of widely distributed materials such as committee minutes, agendas, newsletters. q Preliminary drafts of letters, memoranda, or reports and other informal notes which do not represent significant steps in the preparation of a final document, and which do not record decisions. q Duplicate copies of documents in the same medium, which are retained only for convenience or future distribution (e.g. extra photocopies, duplicate copies of databases, etc.). q Personal messages (e.g. "Let's meet for lunch.). q Phone messages (e.g. "Please return call... ..). q Publications, such as published reports, administration manuals, telephone directories, catalogues, pamphlets, or periodicals (e.g. Municipal Matters, Municipal Monitor). q Duplicate stocks of obsolete publications, pamphlets, or blank forms. q Unsolicited advertising materials (e.g. Brochures, company profiles, price lists, etc.). Policy Title: Records Management Policy Policy Number: ADM 060 Page 19 of 20 28 Storage Mediums APPENDIX 2 The following criteria shall be considered in determining the optimum storage medium for a record series. Retention I Storage Value + <7 = + <7 = + <7 = <7 = + >7 & <25 = + >7 & <25 = + > 7 & <25 = + > 7 & <25 = > 7 & <25 = + >25 = + >25 = + >25 = >25 = Policy Title: Records Management Policy Policy Number: ADM 060 Page 20 of 20 Citq o~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 02-09 Date: February 9,2009 '10 L ./ From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Section 357/358 of the Municipal Act- Adjustment to Taxes Recommendation: 1. That Report CS 02-09 of the Director, Corporate Services & Treasurer be received; 2. That the write-ofts of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as contained in this report represents a gross cost of $14,957.90 with a net cost to the City of approximately $3,363.43, the balance being charged back to the Region of Durham and the School Boards. Pickering's share of the costs will be charged to the 2009 Current Budget allocation under General Government - Provision for Uncollectable Taxes. Sustainability Implications: implications. This report does not contain any sustainability Background: The Municipal Act provides the Treasurer with various tax tools regarding the administration and collection of property taxes. Under the provisions of Section 357 of the Municipal Act, reduction of taxes due to fire, demolition, exemption, assessment change or error is allowed for the current year only. Section 358 of the Municipal Act, allows for the reduction of taxes due to assessment error and this section can be applied to property taxes for the two preceding years. Change in realty tax class can translate into lower property taxes if the property went from industrial to commercial tax class or commercial to residential tax class. Demolitions, and other physical changes to a property, such as removing or filling in a Report CS 02-09 Date: February 9, 2009 Subject: Section 357/358 of the Municipal Act- Adjustment to Taxes Page 2 5U swimming pool, or damage caused by fire result in a reduction in assessment and taxes. One property reflects "no change" or reduction in their property taxes. This change is shown as having zeros in the corresponding columns. Municipal Property Assessment Corporation or MPAC staff have investigated the assessment reduction request. After completing their investigation, they have reached the conclusion that the property does not warrant a reduction in assessment and therefore, an adjustment in property taxes. If the property owner does not agree with MPAC's recommendation, they have the right to appeal to the Assessment Review Board under subsection (7) of the Municipal Act, 2001. Attachments: 1. Section 357/358 Adjustment to Taxes - Taxable Prepared By: Approved I Endorsed By: ~GilliS~~ ...~~ Director, Corporate Services & Treasurer ~ racy Pars ns . Acting, Coordinator Taxation Services GAP:tp Co : Chief Administrative Officer Recommended for the consideration of Pickering City Council T:?::11~~iofMl~~~) 0\ D Chief Administrative Officer W 'i,.) en W ~ W en Co I\) co ~ lJI "'" ~ en lJI o I\) .... 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Ciiq o~ REPORT TO EXECUTIVE COMMITTEE Report Number: OES 08-09 Date: February 9, 2009 From: Everett Buntsma Director, Operations & Emergency Services Subject: T elus Mobility Lease Renewal Sideline 24, Between Highway 7 and Highway 407 Recommendations: 1 . That Report OES 08-09 of the Director, Operations & Emergency Services be received; and 2. That the Mayor and the Clerk be authorized to execute a lease renewal agreement with TM Mobile Inc. ("Telus") substantially on the terms set out in this Report. Executive Summary: Telus wishes to renew its site lease for a further term of five (5) years on the same terms and conditions as its existing site lease save and except for the amount of rent payable and an expansion to the permitted uses. Financial Implication: Telus has offered to pay the City an annual rental rate of $20,000.00 plus GST for each of the five years of the term of the lease renewal agreement. Sustainability Implications: The expansion of, and additional uses within, an existing communications site reduces the need for duplication of sites and infrastructure in another location. Report OES 08-09 Subject: Telus Mobility Lease Agreement Date: February 9, 2009 Page 2 :~ 3 Background: By a site lease dated January 29, 2003, the City leased to Telus a portion of the road allowance between Lots 24 and 25, Concession 5 (Sideline 24, between Highway 7 and Highway 407) for a term of five years ending on August 31, 2008. The annual rent was $6,000.00. The original lease contained a provision that the term could be renewed for three further periods of five years each with rent adjusted by an amount equal to the change in the Canadian Consumer Price Index (all items). The original lease was amended in February 2007 to expand the leased area. The rental rate was also increased to $8,000.00 per annum for the balance of the term of the original lease. Telus now wishes to use a portion of the compound area to install an equipment shelter for use by Rogers Wireless. Given this change in use, and based on recent staff research into the market value of similar lease arrangements, staff requested that the rent be increased from $8,000.00 to $20,000.00 per annum. Telus has agreed to pay this rent. Attachments: 1. Draft Lease Renewal Agreement. 2. Original Site Lease dated January 29,2003 (without Survey). 3. Lease Amending Agreement dated February 16, 2007 (without Revised Survey). Prepared By: Everett Director Operations & Emergency Services Recommended for the consideration of Pickering Ci~y Council ~~P7v/-f C f~ cJ -td Thomas' J. uinn, RDMR., CMM II . Chief Administrative Officer ATTACHMENT # 1 TO REPORT OES 08-09 1 of 2 34 RENEWAL LEASE This Renewal Lease is made as of September 1, 2008 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - TM MOBILE INC. (the "Tenant") WHEREAS by a site lease dated January 29,2003 (the "Original Lease"), the Tenant leased a portion of the road allowance between Lots 24 and 25, Concession 5 (Sideline 24, South of Highway No.7) legally described as Parts 1 and 2 on Plan 40R-22360 (the "Original Premises") for a term of five (5) years ending on August 31, 2008; AND WHEREAS by an amending agreement dated February 16, 2007 (the "Amending Agreement"), the Original Lease was amended to expand the leased area to include the area shown as Parts 1 and 2 on a Topographic Plan of Survey and Site Layout Drawing dated February 5, 2007 (the "Expanded Area"); AND WHEREAS the Tenant wishes to install an equipment shelter for use by Rogers Wireless as shown on Site Plan Drawing C2630-S02 dated May 28, 2008 (the "Site Drawing"); AND WHEREAS the City and the Tenant wish to renew the Original Lease, as amended by the . Amending Agreement, fora further term of five (5) years commencing on September 1,2008. NOW THEREFORE the City and the Tenant agree as follows: Lease 1. The City leases to the Tenant the Original Premises and the Expanded Area on the same terms and conditions as set out in the Original Lease save and except as hereinafter set out. Use 2. The Tenant may use the premises for purposes of installing and operating the Rogers Wireless equipment shown on the Site Drawing. Term 3. The term of this Renewal Lease shall be five (5) years commencing on September 1,2008, (, ATTACHMENT # 1 TO REPORT OES 08-09 2 of 2 35 and ending on August 31, 2013. Rent 4. The Tenant shall pay to the Landlord for and during each year of the term of this Renewal Lease the sum of TWENTY THOUSAND DOLLARS ($20,000.00) (plus G.S.T.) of lawful money of Canada which sum shall be paid in advance on the first day of each year of the term, the first of such payments to be made on September 1, 2008. The annual rent payable during any further extension to the term shall be at a negotiated rate or $20,000.00 with an adjustment for the Canadian Consumer Price Index (all items). Original Lease 5. All other covenants, provisos and stipulations contained in the Original Lease, as amended by the Amending Agreement, shall remain in full force and effect and the City and Tenant hereby mutually agree that they will perform and observe the several covenants, provisos and stipulations in the Original Lease, as amended by the Amending Agreement, as fully as if such covenants, provisos and stipulations have been repeated herein in full with such modifications only as are necessary to make them applicable to this renewal lease. IN WITNESS WHEREOF the parties have executed this Renewal Lease. THE CORPORATION OF THE CITY OF PICKERING PER: Dave Ryan, Mayor PER: Debi A. Wilcox, City Clerk TM MOBILE INC. PER: PER: I ',' 36 ATTACHMENT # 2 TO REPORT OES 08-09 1 of 5 SITE LEASE Site No. ON- 11.:56 This Lease is made as of January 29, 2003~ BET WEE N: TIffi CIIY OF PICKERING, (the "Lessor') and 1M Mobile Inc. ("JELUS Mobility") A. The Lessor represents i:rnd warrants to TELUS Mobility that it is the owner or lessee of the real property(ies) described in Schedule "A" (the "Premises'') or is the properly authorized agent of such owner or lessee and has the authority to enter into this Lease. B. The Lessor has agreed to grant to TELUS Mobility a lease to it of the area(s) described in Schedule "B" (the ''Site'j being a portion of the Premises, NOWTHEREFOREfor the rent (plus applicable sales tax and goods and sellJices tax) set out in Section J payable by TEL US Mobility to the Lessor and the following covenants, conditions and agreements, the Lessor hereby leases to lELUS Mobility the Site together with its appurtenances herein described all on the Terms and Conditions set out below. Subject to receipt by TELUS Mobility of necessary regulatory and municipal consents with respect to TELUS Mobility's proposed use of the Site, the Lessor grants to TELUS Mobility: (i) the right to build, maintain, occupy and use on the Site an equipment building (the "Shelter") or other designated room described in Schedule "B"; (ll) the right to construct, install, operate, maintain and repair on the Site such equipment, devices and trade fixtures (collectively, the "Equipment'') as may be necessary for the carrying on of TEL US Mobility's telecommunications business; (iii) rights of access, including appropriate easements, servitudes and rights of way on. over and through the Premises, with personnel, vehicles and necessary equipment to the Site and its appurtenances; and (iv) the right to use the Site, including the Shelter and the Equipment, for the purpose of a telecommunications business and any other purposes as are incidental thereto. TO HA VE AND TO HOW for a term offivft,. (5) years (the "Term'j commencing on.s ~p-J.el'V"lu..e r I ,2003 (the "Commencement Date") and ending ontf"h;lt{ 3 I ' 2008 and any extension term(s) as provided in Section 2; all in accordance with and subject to the Terrns anH Conditions hereinafter provided Address ofl-essor: One The Esplanade Pickering, Ontario L1 V 6K7 Attention: Richard Holbcrne Facsimile: 905420 9685 Telephone: 90542046114204660 2119 CITYOFPICKERING ,,1 " By fr ~ Name: Britc.e TUo:~ \0(" Title: Cb' 0.-\e.r'K.. GST Regisfr, , 10 1M Mobile Inc. 200 COl1silium Place, Suite 1600 Scarborough, Ontario MlH 313 Attention: Real Estate Director Facsimile: 1-800-788-6622 Telephone: 1-800-815-5715 Jail~lill~~ ~, ~@~~i!i]HI(fJ:lf Manager, Government A1fiJ\n & Real Es(al~ April 29, 2002 ./1/7 TEFJAS A.ND C:)l-JDmONS O!'\ r:;S6 1. Rental Rate. For th~ rights grapte.d by'\hI 1.~tiM'1~rr2-J;r~~1I9,RfE28g ~?B~lIY shaH pay. to the Lessor rent at the rate of $6,000.00 per annum plus apph~61e provmclal sales tax and goods .~QfeF.riyes t~ yearly In advance, dunng the Term (and any extension tenn(s) as pr<?'{Ided below); proVlded tliat the Lessor has properly obtained a regJstratlOn number for GST pW'pOses and has communicated same to 1ELUS Mobility. 3 7 2. Ri!Zhts of Extension. The Lessor hereby granJ;s to TELUS Mobility the rights to extend the Term of this Lease for three (3) further and consecutive IJ.enod(s) ot bve (5) years each without notice. Each right shalf be automatically exercised and shall not require any prior notice in writing and shall taKe effect Unless 1ELUS Mobility specifically elects not to exercise any such right at least ninety (90) days pnor to the end of the Term or relevant extension tenn. Each such extension term will be upon the same terms and conditions as are herem contained for the Term exc..'jJt that the rent in each such extension term shall be equal to the rent prevailing in the immediately preceding five year period changed by an amount equal to the change in the Canadian Consumer Price Index (all items) in such immediately preceding perioo. 3. Unsuitabili For TELUS Mobili 's Pur oses. At any time during the Term or any extension thereo~ for any reason whatsoever TELUS 0 I Ity may tenrunate s e WI out ges or pena1ty by giving ninety (90) days written notice to the Lessor. ' 4. Covenants of TELUS Mobility. (a) Safety and Maintenance _ TELUS Mobility shall installl operate, grolUld and maintain its ~iIJ!llent and the Shelter, in a good and workmanlike manner in accordance with sound engineering standaras and at a level of repair consistent With first class building standards. (b) Taxes, Rates and Assessments -TELUS Mobility will pay as and when due all taxes, rates and assessment,;;, includin,g increases in real or iJ11!11Ovable property taxes, that are levied, charged or assessed with respect to any business carried on by TELuS Mobihty on or from the Prennses. (c) Electricity Charges _ TELUS Mobility shall pay for the electrical connections and all electricity charges attributable to 1ELUS Mobility's operations at the Site either by having Installed a separately metered hydro service or, in circumstances where the local utility will not install a separate meter, TELUS Mobility shall mstall a submeter and shall compensate the Lessor for TELUS Mobility's electriciry consUJ11P!ion on a monthly basis, provided that any suCh compeI1?ation is based on existing rates of the local utility. Iftechnologicalfy feasible, tne Lessor shall allow TELUS Mobility to install electrical connections to the Lessor's emergency P9wer generator on the Premises for emergency use by TELUS Mobility in the case of any failure of hydro service to the Site and TELUS Mobility shall pay all costs attributable to such connections. (d) Government Regulation _ TELUS Mobility shall, at its own expense, at all times ensure that the installation. operation and maintenance ofits Equipment (including any antenna tower that may be constructed by TELUS Mobility) and the Shelter conwly willi all reguired laws, directions} rules .and regulations of relevant governmental authorities, indudmg all applicable building codes, and Industry Canada and Transport Canaaa reqwrements. (e) . Interference _ Tf,LUS Mobili!)' covenar,tts that TELlJS Mo~ili.ty's operation ofi~ radio_system(s) shall not cause materifil iI}terference or degradation of any~ther Signals lawfully translWtted or received WIthm or on the Prerruses. If such mterference or degradatIOn IS reasonably demonstrated to TELUS ~obility, TELUS Mobility upon receiving notice from the Lessor shall use all reasonable endeavours to immediately correct the problem. . (t) . Removal of El)uipment by TELUS Mobility - 1ELUS Mobility shall remove the EQuipment from the Premises within ninety (90) days after the termination of this Lease and shall restore the Site to the conaition it was at the date first above written, reasonable wear and tear excepted. . 5. Covenants of the Lessor. (a) Ouiet Possession _ The Lessor has good right, full power and absolute authority to grant this Lease to TELUS Mobility and covenants that TELUS Mobility shall peaceably and quietly holo and enJoy the Site and its appurtenances, subject to the terms and conditions of this Lease. TIle Lessor shall not make any change to tiie Site and its appurtenances at any time throughout the duration of this Lease without the prior written consent ofTELUS Mobility and no such change shall adversely affect the use being made by TELUS Mobility of the Site. (b) Access _ By way of appropriate easements, servitudes and rights of way on, over and through the Premises, the Lessor shall provide to TaUS Mobility and its authonzed representatives and agents, uninterrupted access with or without vehicles on a twenty-four (24) hours a day, seven (7) da:v.s a week basis to the Site and its l!PRurtenances, and such odier rights as are necessary to enable TELUS Mooility to install, maintam and operate the Shelter and the Equipment, inducing but not limited to connectmg its installation to the local utility. (c) Exclusivity _ Throu~out the Term and all extensions thereof, the Lessor shall not use or grant a licence or lease space to any other pcrson(s) for the purpose of the installation and operation of wireless communications equipment on or about the Premises or adjacent lands owned by the Lessor, without the prior written consent ofTELUS Mobility. 6. TELUS Mobility's EQuiomcnt. (a) The Shelter a11d the Equipment wPI r~main the property of TEL US Mobility and no~thstanding the ~tt~chment or affixation of any' of the Shelter and the EqUipment to the Prennses m any manner, all of the Shelter and the EqUipment shall remam Items of personal or moveable property and not fixtures. (b) TELUS Mobility may' make any alterations and/or improvements on the Site during the Tenn and any extensions thereof without obtaining the prior consent of the Lessor. Such alterations and/or improvements may include, but are not limited to the addition of antennas, microwave dishes, equipment shelter expansions and/or various equipment deemed necessary by TELUS Mobility on the Site. 7. 1nsurancc. 1ELUS Mobility will at all times throughout the Term and any extension(s) thereof maintain: (a) All-Risk Property Insurance covering the full insurable replacement cost of all of its undertaking, the Shelter and the Equipment located pursuant to this Lease without deduction for depreciation and with reasonable deductibles; and (b) Commercial General Liability Insurance coverage in an amount not less than Five Million Dollars ($5,000,000) per occurrence for Bodily In]ttry and Property Damage. At the Less9f's requ~st, ~uc:l1 policy sl}alI extend to include ~e Lessor as an Additional Insured to the policy but only ansmg out of the Nan1ed msured's operations. Pohcy lllluts are not mc:reased by such additIons. At L~e Lessor's request, TELUS Mobility shall provide a Memorandum of Insurance evidencing that said coverages are in force and shall also notifY the Lessor in advance of any matenal change in coverage or cancellation of any such policy . 8. Lessor not Liable. Except for the negligent acts or omissions or the wilful and mongful acts or omissions of the Lessor or the Lessor's employees or those persons authorized by the Lessor to be on the Premises..,the Lessor shall not be liable to TELUS Mobility for any interference, inconvenience or damage to the Shelter or any part ofTELUS Mobility's r.quip'ment or any indirect or consequential damage resultjng from any cause including, without limitation, ~ailure or interru~tions in the supplt of electriciR or other utility or by fires, severe conditIOns or other ",tuml "''''''oph", '" fo"ny =e "nevcr whioh i, """'" the ,,,,,on' "oontml 0 the '-"'0'- ~ IA~~ ' , {-- i .. 38 ATTACHMENT # 2 TO REPORT OES 08-09 3 of 5 9. TELUS Mobilifri Dot Liable. Except for the negligent acts or omissions or the wilful and wrongful acts or omissions of lELUS Mobility or lELUS Mobllty's elpployees and those ~rsons authorized by TELUS Mobility to be on the Premtses, TELUS Mobility shall not be liable to the Lessor for any costs incurred or losses or damages suffered by the Lessor. 10. Default. UJ?Oll the material default by either party 9f any of its covenants or obligations under this Lease, the party not in default may tenninate 11iiS'ITase If such default is not remedied within thirty (30) da~ of the defaulting party receiving Default written notice from the pll!tY not in defuult of such defuult or within such longer period as is reasonable in the circumstances so long as the party in default is diligently moving to remedy the same. 11. TELUS Mobility's Financio!!: Arraol!:ements. (a) The Lessor acknowledges that TELUS Mobilitr has entered into, and will be entering into, certain financing arran.E;ements which may require an assignment or hypothecation of TEL US Mobihty's rights and obligations under this Lease as well as the granting oIsecurity interests in the ~onaI or moveable prope~ of IELUS Mobility located" at the Premtses. The Lessor consents to any such assigrunent J1}'P9thecation or granting of security interests and to any transfers occurring on the enforcement of same; and the Lessor shalf, at the request o(TELUS Mobility, acknowledge in wnting the foregoing in such form as the relevant financier may reasonably require. (b) For the p_~es of this Section 11, lELUS Mobility is executing this Lease for itself and as an agent for the financiers referred to herein With whom IELUS Mobility may be entering into financing arrangements from time to time. 12. Rel!istration. TELUS M~ili~ shall not publi$.or re,gister this Lease. lELt.[S Mobility ITlf!Y r~' ster a noti~ of lease or caveat on title to the Preffilses in respect hereof stlpulafing TELUS Mobility's mterest, the Term, any nghts to extend an when apphcable, a short form ofIease and the Lessor will execute any documents required to effect such registration. Such registration may be e ected on behalf of TEL US Mobility by an affiliated corporation as bare nominee for registration pl,lTPOSes orily. The Lessor also agrees to use its best efforts to obtain a non-disturbance agreement from any mortgagee(s) on the Premises in such form as TELUS Mobility may reasonably require. 13. Assil!oment. Subject to Section 11 above, this Lease shall not be assignable by TELUS Mobility without the prior written consent of the Lessor such consent not to be unreasonably withheld or delayed. Notwithstandmg the foregoing, TELUS Mobility may, without consent: (i) assign its rights and obligations under this LeaSe to any related or affiliated enti!-y' including a partnership; (ii) sublet a ~ion of the Site and Its i!Ppurtenances to any reliiteq or affiliated t:ntity inc1uding a partnership; and (ili) license fo a third party a portion ofthe Site and its appurtenances, 10r use as a teleconnnurucatlons antenna Site. 14. Successors and Assil!os. This Lease shall enure to the benefit of and be binding upon the successors and assi~ of the Lessor and the successors and pe!"II1ltted asslfVS of TEL US Mobility, and no assignee or successor of the Lessor (including any transferee of or successor in title to the Premises) shall challenge the validity or enforceability of any aspect of this Lease and every assignee or successor of the Lessor shall be bound by all obligations of tile Lessor hereunder. 15. Governinti Law; La~~e. The provisions of this Lease shall be governed by and interpreted in accordance with the laws of the Frovince In whIch e Site IS I and the parties hereto attorn to the exclUSive jurisdiction of the courts of that Province. The parties have reqpested that this Lease and all related documents be in English. Les parties ont exige que ce bail et tous les documents s'y rapportant soient rOOiges en anglais. 16. Entire Lease: Survey. This lease contains the entire agreement between the Lessor and lELUS Mobility with respect to the Site and there are no pnor representatIOns, either ora! or written, between them other than those set forth in this Lease. TIus Lease, including the Schedulest may not be amended or modified except by \\oTItten instnunent executed by both parties. Notwithstanding the foregoing, it: followirIg the execution of this Lease, TEWS Mobili!}.' obtmns a survey which identifies the location of the Site, it shall be attached hereto as Schedule "C' mld shall take precedence over Schedule "B' and form part of this Lease. Each of the parties respectively acknowledges that the nature and scope of each of the clauses of this Lease have been adequately explained to it. r 17. Facsimile Transmissions: Notice. The parties agree that this Lease may be executed by either party and forwarded to the other party by facsimile transffilSSlon and receipt by tacsunile transmissIOn of a copy of this Lease executed by a party shall bind the PartY- so sending the facsimile transmission. Any notice cont~lated or provided for under this Lease shall be given by personal delivery or facsimile transmission, "hich transmission is to be Confirmed, to the addresses set out opposite the SigIUltures of the parties abOve. 18. Additional Properties. The Lessor hereby grants to TELUS Mobility for a period of twenty-four (24) months following the Commencement Date an lITevocable and exclusive optIOn to lease from the Lessor any or all of the properties described in the attached Schedule "1)" upon the same tenns and conditions as are herein contained. 19. Severability. Should any provision or provisions of this Lease be determined to be void or unenforceable in whole or in part it or they shall be deemed not to affect or inlpair the validity or enforceability of any other provision and it or they shall be considered separate and severable from the Lease and its remaining provisions which shall remain in force and be binding on the parties. 20. Authorization. As provided in the attached letter, the Lessor hereby authorizes TELUS Mobility to obtain any information from any person, With respect to the Premises, that ~LUS Mobility may require for the purposes of exercising its nghts under this Lease and the Lessor agrees to execute same to confirm the foregomg. 21. Schedules. Schedules and oL'1er documents attached or referred to in this Lease, including without limitation, the Schedules indicated below, are an mtegral part of this Lease. ~ [3/ o Schedule "E" - 0 Authorization Letter - g. Schedule "A" - Schedule "B" - Schedule "e" - Schedule "D" - INITIALS: II I ~/]1 ATTACHMENT # 2 TO REPORT OES 08-09 4 of 5 39 SITE NO.: ON 1256 SCHEDULE "A" DESCRIPTION OF PREMISES Real property located in the City of Pickering, in the Regional Municipality of Durham, in the Province of Ontario, and with the following legal description: Road Allowance between Lots 24 and 25 fonner Twp. Of Pickering now the City of Pickering, Regional Municipality of Durham. Nat_t&c_December 18, 2001 /~I~ITIALS' . .1/ ,_ " .. 40 ATTACHMENT # 2 TO REPORT OES 08-09 5 of 5 ... i.. I I I I l .. Hwy # 7 LOT 25 CD c :.J CD "0 en .c - ...r N Site of Telus 12' x 27' Shelter and communication tower in a fenced enclosure of 13m x 13m C/l ;::;: (I) CD U C co ~ o co "'0 co o l.- "'0 o Hwy. 407 Hwy 407 ~ '. Site description and Sketch: (Hwy. # 7 and 26 th Side Line) (24 th sideline old Road) Notes: Plan not to scale (City of Pickering, On.) Antenna mount locations are "proposed only",locations are subject to change. Notwithstanding any antenna mounts currently shown (or not shown), Lease allows for modification, addition or reconfiguration. Easements identified in the sketch are approximations to be confirmed on a survey. LOT 24 7 ";"---; ~/ TELliS ,",,~,. mobility" Schedule B ON 1256 Drawn By: S. Mazur Date Created: January 31, 2003 Initialsl r=-1 /}/I ATTACHMENT # 3 TO REPORT OES 08-09 1 of 3 AMENDMENT TO SITE LEASE ON 1256 THIS AMENDING AGREEMENT is made as of the 16thday of February, 2007. BET WEE N: CITY OF PICKERING ("Lessor") - and - TM MOBILE INC. ("TELUS mobility ") BACKGROUND: 41 ft.) the parties entered into a site lease as of the 29th day of January 2003 (the "Lease"); and B) the parties wish to amend the Lease as provided herein. AGREEMENT: NOW THEREFORE, in consideration of the mutual promises set out in this amending agreement and for other valuable consideration, the receipt and sufficiency of which are acknowledged by each party to this. amending agreement, the parties hereto agree as follows: 1. Amendment of Section 1: The following sentences are inserted at the end of Section 1 of the Lease: "In addition to the aforementioned rental rate (the "Original Rental Rate"); TELUS mobility will pay to the Lessor a further sum of Two Thousand dollars ($2000.00) per annum (the "Additional Rental Rate") plus applicable provincial sales tax and goods and services tax, effective the 01 day of May, 2007. The Additional Rental Rate is payable to the Lessor by TELUS Mobility for the expansion of the compound (the "Expanded Area") as shown on Schedule "B 1" attached hereto." TELUS will pay the pro rated amount of Two Thousand six hundred and sixty seven dollars and sixty seven cents ($2,667.67) for the amendment until August 31, 2008. The amendment will become part of the Lease on September 01, 2008. ~ 42 ATTACHMENT # 3 TO REPORT OES 08-09 2 of 3 2. Delete Schedule "B" and Insert Schedule "B 01". 3. Delete Schedule "e" the Survey and Insert Schedule "e" the Revised Survey 4. EXCEPT TO THE EXTENT expressly amended hereby, the Lease shall remain in full force and effect in accordance with its terms. IN WITNESS WHEREOF the parties hereto have executed this Amending Agreement as of the date first above written. PICKERING .J~W3~$ ~, Ke~r.q~qJ:~/ ~'L;mager. G0vernnv:lnt AffAir (}1 r{03i E3~~.~.q By: David Ryan Mayor ~. .~ ~ ATTACHMENT # 3 TO REPORT OES 08-09 3 of 3 43 .rfJ Telus proposed new location of 11' x 15' Shelter. Need to extend compound. Existing Teluscompound. o :/ D~ I I I ___..J Road al owance between Lo s 24 and 25 C ncession 5 Existing Empty Lot Existing Entrance N ~ en c: ~ :::l CD Existing Field Highway 7 Site description and Sketch Hwy 7 and 24h Sideline ~'... -. WOPIiI!^...1 24h Sideline ~.... J.Ern2 City of F?ckering, ON .~. Notes: Plan not to scale. Antenna mount locations are "proposed only",locations are Schedule B- 01 subject to change. ON1256 Notwithstanding any antenna mounts currently shown (or not shown), Lease allows for modification, addition or reconfiguration. Drawn By:TC Easements identified in the sketch are approximations to be confirmed on a Dale Cleated: Feb 19,2007 survey. Initialsl I I r