HomeMy WebLinkAboutApril 14, 2009
Call 00 Executive Committee Meeting
Agenda
Tuesday, April 14, 2009
PI KERI Council Chambers
7:30 pm
Chair: Councillor McLean
(1) MATTERS FOR CONSIDERATION PAGES
1. Director, Operations & Emergency Services, Report OES 03-09 1-5
Supply & Delivery of Extrication Equipment for Heavy Rescue Vehicle
RECOMMENDATION
1. That Report OES 03-09 of the Director, Operations & Emergency Services
regarding the supply and delivery of Hurst Extrication Equipment be received;
2. That Council confirm the quotation dated March 18, 2009 from Code 4 Fire &
Rescue (sole source) for the supply and delivery of Extrication Equipment in
the amount of $164,397.45;
3. That the total gross project cost of $164,397.45 (GST included) and the total
net purchase cost of $156,569.00 be approved;
4. That the appropriate officials of the City of Pickering be given the authority to
give effect thereto.
2. Director, Operations & Emergency Services, Report OES 13-09 6-13
Pickering Potter's Studio
-Licence Renewal Agreement
RECOMMENDATION
1. That Report OES 13-09 of the Director, Operations & Emergency Services
be received; and
2. That the Mayor and the Clerk be authorized to execute a licence renewal
agreement to which the Pickering Potter's Studio will be permitted to continue
to operate pottery programs at the Pickering Recreation Complex from April
1, 2009 to March 31, 2012, that is in the form and substance acceptable to
the Director, Operations & Emergency Services and the Chief Administrative
Officer.
Accessible * For information related to accessibility requirements please contact
' ~ c ~ Linda Roberts
p
fir"" K G P Phone: 905.420.4660 extension 2928
TTY: 905.420.1739
Email: Irobe rtse.citvofpickerina.com
C--ttq a0 Executive Committee Meeting
Agenda
I ~KERI Tuesday, April 14, 2009
Council Chambers
7:30 pm
Chair: Councillor McLean
3. Director, Operations & Emergency Services, Report OES 15-09 14 - 15
Fire Services
-Uniform and Bunker Gear Acquisition
RECOMMENDATION
1. That Report OES 15-09 of the Director, Operations & Emergency Services
regarding Fire Services Uniform and Bunker Gear Acquisition be received;
2. That Council approve single sourcing of this acquisition through Starfield Lion
Ltd.; and
3. That the appropriate City of Pickering officials be authorized to take any
actions necessary to give effect thereto.
4. Director, Operations & Emergency Services, Report OES 18-09 16 - 25
Winter Control Operations
RECOMMENDATION
That Report OES 18-09 of the Director, Operations & Emergency Services be
received for information.
5. Director, Corporate Services & Treasurer, Report CS 06-09 26 - 34
Statement of the Treasurer Respecting 2008 Remuneration and Expenses of
Members of Council and Council Appointees to Boards, Agencies and Other
Bodies
RECOMMENDATION
That Report CS 06-09 of the Director, Corporate Services & Treasurer regarding
Statement of the Treasurer respecting Remuneration and Expenses of Members
of Council and Council Appointees for the year 2008 be received for information.
Cif o~ Executive Committee Meeting
Agenda
Tuesday, April 14, 2009
PI KERI Council Chambers
7:30 pm
Chair: Councillor McLean
6. Director, Corporate Services & Treasurer, Report CS 07-09 35 - 44
Cash Position Report as at December 31, 2008
RECOMMENDATION
That Report CS 07-09 of the Director, Corporate Services & Treasurer regarding
the Cash Position of the City as at December 31, 2008 be received for information.
7. Director, Corporate Services & Treasurer, Report CS 08-09 45 - 69
Revised Fence By-law and Proposed Fence Cost Sharing By-law
RECOMMENDATION
1. That Report CS 08-09 of the Director, Corporate Services & Treasurer be
received;
2. That the updated Fence By-law, included as Attachment 1, providing
regulations for fences erected within the City of Pickering, be enacted;
3. That the draft Fence Cost Sharing By-law, included as Attachment 2,
providing regulations for the sharing of costs of division fences be enacted;
and
4. That the appropriate staff of the City of Pickering be given the authority to 1
give effect thereto.
(II) OTHER BUSINESS
(III) ADJOURNMENT
Citq REPORT TO
EXECUTIVE COMMITTEE
PICKERING Report Number: OES 03-09
Date: April 14, 2009
From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Supply & Delivery of Extrication Equipment for Heavy Rescue Vehicle
File: A-1440
Recommendation:
1. That Report OES 03-09 of the Director, Operations & Emergency Services
regarding the supply and delivery of Hurst Extrication Equipment be received;
2. That Council confirm the quotation dated March 18, 2009 from Code 4 Fire &
Rescue (sole source) for the supply and delivery of Extrication Equipment in the
amount of $164,397.45;
3. That the total gross project cost of $164,397.45 (GST included) and the total net
purchase cost of $156,569.00 be approved;
4. That the appropriate officials of the City of Pickering be given the authority to give
effect thereto.
Executive Summary:
Report to Council OES 42-08 was approved by Council on December 15, 2008. That
Report approved the purchase of a Heavy Rescue Vehicle and associated equipment
including Extraction Equipment, High Angle Equipment, and Ice/Water Rescue
Equipment. That Report also indicated that a subsequent report on equipment would
be forthcoming. This Report seeks Council's approval to sole-source the purchase of
the above-mentioned Extraction Equipment. There is only one authorized dealer in
Ontario that sells, services and maintains the required equipment (Code 4 Fire &
Rescue Inc.) and staff recommend that this acquisition be made.
OES 03-09 Extrication Equipment April 14, 2009
02 Page 2
Financial Implications:
Quotation - Code 4 Fire & Rescue
Extrication Equipment $156,569.00
PST Exempt
GST 7,828.45
Total Gross Purchase Cost 164,397.45
GST Rebate 7,828.45
Total Net Purchase Cost $156,569.00
The total financing for the associated costs (Extrication Tools, Fire Rescue Equipment,
High Angle Equipment and Ice/Water Rescue Equipment) related to the Heavy Rescue
Vehicle was addressed under Council Report OES 42-08 in the amount of $607,900.
The amount of financing included in Recommendation 3 of this report confirmed the
amount required for the Extrication Equipment component only. The balance of the
equipment is being currently sourced through separate quotes.
The Director, Corporate Services & Treasurer has reviewed the budgetary implications
and the financing of the expenditure contained in this report and concurs.
Sustainability Implications:
This equipment will have a life-span in excess of 15 years. It will be powered by 2
power units, the primary one being electric to cut down on hydro carbon emissions. The
hydraulic fluid used in these tools is environmentally friendly.
Background:
The purchase of a Heavy Rescue Vehicle and associated Extrication Equipment was
identified and approved by Council per Resolution #262/08. Specifications for Hurst
Extrication Equipment were compiled by the Fire Services Division after completing an
extensive review of the latest rescue technology, and were provided to Supply &
Services. This hydraulic rescue equipment is a very unique and specialized market and
the dealers are limited. Most of these dealers have exclusive rights in their specific area
and the exclusive dealer for Ontario is Code 4 Fire and Rescue Inc. based in
Mississauga, Ontario. Fire Services have purchased specialized equipment from this
dealer in the past and are very satisfied with the after-sales service. Code 4 Fire and
Rescue Inc. has provided a price quotation incorporating a 10% discount and includes
training to be provided on a yearly continuing basis, at no charge to the City.
OES 03-09 Extrication Equipment April 14, 2009
Page 3 03
Supply & Services has confirmed that Code 4 Fire & Rescue Inc. is the sole authorized
dealer for sales, service and maintenance of all Hurst Jaws of Life and Hurst Centaur
TM rescue equipment and accessories for the province of Labrador, Manitoba, Prince
Edward Island, New Brunswick, Newfoundland, Nova Scotia and Ontario, Canada.
In conformance with Purchasing Policy - 05-02, The Manager, is authorized to enter
into negotiations without formal competitive bids, under the following circumstances:
• when competition is precluded because of the existence of sole source, patent
rights, copyrights, secret processes, control of basic raw materials or similar
circumstances
Upon careful examination it is the recommendation of Pickering Fire Services that the
quotation submitted by Code 4 Fire & Rescue Inc. in the amount of $164,397.45 (GST
included) be accepted and the net purchase cost of $156,569.00 is approved.
The supply and delivery of the Extrication Equipment reported under this report
represents a major component of the associated costs but not the entire associated
costs. The final internal loan amount required for the associated costs will be formalized
when the project is completed and Corporate Services will prepare the official
promissory note.
This report has been prepared in conjunction with the Manager, Supply & Services and
Senior Purchasing Analyst who concur with the foregoing.
Attachments:
1. Hurst Sole Source Letter
OES 03-09 Extrication Equipment April 14, 2009
04 Page 4
Prepared B Approved/Endorsed By:
Everett Bunt a
Dept' Chief Director, Operations & Emergency Services
Bill Douglas Gillis Paterson
Fire Chief Director, Corporate Services & Treasurer
Vera Felgemacher
C.P.P., CPPO, CPPB, C.P.M., CMM III
Manager, Supply & Services
SA: fn
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickerin City Council
CM
Thomas J. Cidinn, RD , CMM III
Chief Administrative Officer
/JTACHMENT rC1 REPORT #.LjL6, 6 3 ,C} c7
Hal T 05
JAWS OF LIFE'
2007 SOLE SOURCE LETTER
To Whom It May Concern:
This letter will certify that Code 4 Fire & Rescue, Inc is the sole authorized dealer for sales, service and
maintenance of all Hurst Jaws of Life® and Hurst Centaur TM rescue equipment and accessories for the
province of Labrador, Manitoba, Prince Edward Island, New Brunswick, Newfoundland, Nova Scotia and
Ontario Canada.
Code 4 Fire & Rescue Inc.
2359 Royal Windsor Dr. Unit 4
Mississauga, Ontario L5J 4S9
(905) 823-1177
Fax: 905-823-1921
1-800-837-2286
www.code4.com
Distribution of Hurst life-saving equipment requires factory trained personnel that understand the application
of the equipment and its safe use. The personnel at Code 4 Fire & Rescue have made the required
commitment to training and product knowledge that will enable them to provide the best rescue equipment
in the world to your organization in a fashion that will assure the safe, competent use of the equipment by
your crew.
Code 4 Fire & Rescue has been committed to selling quality products to those that save lives on a daily
basis and we have chosen them as our only source of distribution in the province of Labrador, Manitoba,
Prince Edward Island, New Brunswick, Newfoundland, Nova Scotia and Ontario Canada because of their
dedication and professional attitude. We are sure you will be treated fairly and will be satisfied with the
service they provide.
Thank you for your interest in Hurst and feel free to contact us at 704-487-6961 should there be further
questions.
Sincerely,
William Simmons
Vice President, Sales & Marketing, Rescue
Hurst Jaws of Life Products®
711 N. Post Rd.- Shelby, NC 28150 • 1-800-537-2659
City REPORT TO
EXECUTIVE COMMITTEE
PICKERING Report Number: OES 13-09
06 Date: April 14, 2009
From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Pickering Potter's Studio
- Licence Renewal Agreement
- File: A-1440
Recommendation:
1. That Report OES 13-09 of the Director, Operations & Emergency Services be
received;
2. That the Mayor and the Clerk be authorized to execute a licence renewal
agreement to which the Pickering Potter's Studio will be permitted to continue to
operate pottery programs at the Pickering Recreation Complex from April 1,
2009 to March 31, 2012, that is in the form and substance acceptable to the
Director, Operations & Emergency Services and the Chief Administrative Officer.
Executive Summary:
The Pickering Potter's Studio have an existing licence agreement to provide
instructional pottery programs at the Pottery Studio at the Pickering Recreation
Complex. The Pickering Potter's Studio have requested to renew this agreement for a
further three years.
The Operations & Emergency Services Department recommends that a renewal
agreement be initiated with the Pickering Potter's Studio
Financial Implications:
Revenues: 2009 9 months @ $750 per month $ 6,750
2010 12 months @ $750 per month $ 9,000
2011 12 months @ $750 per month $ 9,000
2012 3 months @ $750 per month 2,250
$ 27,000
Report OES 13-09 April 14, 2009
Subject: Pickering Potter's Studio Page 2
Licence Renewal Agreement
07
Sustainability Implications:
The exceptional programs for all members of the family enhance the existing Pickering
Recreation Complex and are consistent with the City's mandate to encourage the
development of active, healthy lifestyles.
Background:
On February 20, 2006 Council enacted Resolution #20/06 to authorize the execution of
a licence renewal agreement with the Pickering Potter's Studio to permit the private
operation of instructional pottery programs at the Pickering Recreation Complex.
The pottery programs operated by the Potter's Studio enhances the role of the
Pickering Recreation Complex by providing a creative outlet and environment for a wide
range of residents, young and old, from beginner to expert. Many groups and hundreds
of individuals have benefitted from participating in a variety of affordable courses
offered. This business is owned and operated by Guida Pirita.
The Director, Operations & Emergency Services and Division Head, Culture &
Recreation recommend that a renewal agreement be initiated with the Pickering
Potter's Studio to ensure the pottery programs can continue operation.
The renewal agreement allows the Pickering Potter's Studio to continue to provide
instructional pottery programs at the Pickering Recreation Complex for a term of three
years at a rental rate of $750 per month.
Attachments:
1. Licence Agreement dated April 1, 2009.
CORP0227-07/01 revised
Report OES 13-09 April 14, 2009
Subject: Pickering Potter's Studio Page 3
08 - Licence Renewal Agreement
Prepared By: Approved/Endorsed By:
Sharon ilton Everett Bu sma
Supervisor, Facility Programs Director, Operations & Emergency Services
Stephe 0l
Division Head, Culture & Recreation
SR:lg
Copy: Chief Administrative Officer
(Acting) Chief Administrative Officer
Director, Corporate Services & Treasurer
City Solicitor
Recommended for the consideration
of Pickerin City Council
VV7
Thomas J. ui , RDMR, M III
Chief Administrative Officer
CORP0227-07/01 revised
a"iA$.,ia's+ oc's (S-o9
pace i of 5
THIS LICENCE AGREEMENT is made as of April 1, 2009.
BETWEEN:
GUIDA PIRITA, carrying on ~10,
business as the Potters Studio'
(the "Potters Studio")
- and -
THE CORPORATION OF
THE CITY OF PICKERING
(the "City")
WHEREAS the City owns the Pickering Recreation Complex located at 1867 Valley
Farm Road in the City of Pickering which contains a pottery classroom, glaze room and
kiln room (collectively, the "Pottery Facilities"); and
WHEREAS the Potters Studio wishes to use the Pottery Facilities for the purpose of
operating a pottery studio; and
WHEREAS the City is prepared to grant a licence to the Potters Studio to use the
Pottery Facilities for such purpose on the terms set out in this Licence.
NOW THEREFORE the City and the Potters Studio agree as follows:
Licence
1. The City grants to the Potters Studio a licence to occupy and use the Pottery
Facilities for the purpose of operating a pottery studio.
Term
2. The term of this Licence shall be three (3) years commencing April 1, 2009 and
ending March 31, 2012 unless terminated earlier in accordance with the
provisions of this Licence.
3. Either the Potters Studio or the City may terminate this Licence prior to the expiry
of the term by giving 90 days written notice to the other.
Fees
4. During the term, the Potters Studio shall pay to the City the fixed sum of
$9,000.00 (plus GST) per annum in equal monthly payments of $750.00 (plus
GST) payable on the 1st day of every month.
2~ aF s
5. The Potters Studio shall provide post-dated cheques prior to the beginning of the
term and prior to the beginning of each calendar year thereafter, payable to the
City, in the amount set out in Section 4.
Operation
6. The Potters Studio shall,
(a) comply strictly with all applicable laws, by-laws, rules and regulations
governing the operation of the Pottery Facilities;
(b) only operate the Potters Facilities during the times and on the days
agreed to by the City;
(c) provide and pay for all personnel and supplies required for its purposes;
(d) obtain all necessary permits, licenses and approvals that may be required
in connection with the operation of the Pottery Facilities; and
(e) maintain the Pottery Facilities in a clean, sanitary and attractive condition
satisfactory to the City throughout the term and, at the end of the term,
repair or replace any damages to the Pottery Facilities save and except
reasonable wear and tear.
7. The Potters Studio shall keep and maintain the Pottery Facilities and all
equipment owned by the City and set out below in a state of good maintenance,
cleanliness and repair:
ITEM(S) SERIAL NUMBER
7 Shimpo Pottery Wheels 0830829
1 Triple Beam Scale 0830858
Firecraft Kiln (Model BX 28270) 026642
Firecraft Kiln (Model BX 23270) 057017
Firecraft Kiln (Model BX 23270) 057016
4 Ware Trucks 0839860
1 20" Slabroller Dual Roller Dr. 0850622
1 Ware Truck - (8.5 shelves) 0860139
1 Glaze Screen (100m) 0870174
1 Bluebird Pottery Mixer N/A
3 P.S.H. Wheels N/A
3 Shimpo RK10 Wheels N/A
1 Lighted Display Case (with glass doors and shelves) N/A
4 Motorized Kickwheels N/A
2
~Ck, aF.. S 1 1
8. The Potters Studio shall be responsible for maintenance of its own property and
equipment.
9. The City reserves the right to close all or parts of the Pottery Facility as required
for maintenance from time to time. The Potters Studio shall have no right to
claim for any losses or damages arising from such closures by the City.
10. The City assumes no responsibility to the Potters Studio for the temporary or
unavoidable interruption of the supply of electrical power, heat or other utilities
due to any cause whatsoever. The City shall use reasonable diligence to restore
any such services whenever they are interrupted.
Insurance
11. The Potters Studio, at its own expense, shall provide,
(a) comprehensive general public liability insurance, identifying the City
as an additional insured, including coverage for personal injury,
contractual liability, non-owned automobile liability, death and
property damage, on an occurrence basis with respect to the
business carried on at the Pottery Facilities and the Potters
Studio's use and occupancy of the Pottery Facilities with coverage
for any one occurrence or claim of not less than $2,000,000, which
insurance shall protect the City in respect of claims by the Potters
Studio as if the City was separately insured; and
(b) a certificate of insurance coverage in a form satisfactory to the City,
which insurance coverage shall be kept in full force and effect
throughout the term.
12. The Potters Studio shall not do or omit or permit to be done anything that causes
any insurance premium of the City to be increased, and if any insurance
premium shall be so increased, the Potters Studio shall pay to the City forthwith
upon demand the amount of such increase. If notice of cancellation or lapse
shall be given respecting any insurance policy of the City or if any insurance
policy shall be cancelled or refused to be renewed by an insurer by reason of the
use or occupation of the Pottery Facilities, the Potters Studio shall forthwith
remedy or rectify such use or occupation upon being requested to do so in
writing by the City and if the Potters Studio shall fail to do so the City may, at its
option, terminate this Licence forthwith by notice to the Potters Studio and the
Potters Studio shall immediately vacate the Pottery Facilities.
Liability and Indemnification
13. The City shall not be liable to the Potters Studio for any loss of or damage to the
Pottery Facilities or any equipment or inventory in it, whether caused by fire,
3
ATTACHMEN E I ces 13-09 fcAx theft, burglary or otherwise, unless such loss or damage was caused by the
negligence of the City, its servants, agents or employees.
14. The Potters Studio shall indemnify the City and each of its servants, employees
and agents from and against all actions, suits, claims and demands which may
be brought against any of them, and from and against all losses, costs, charges,
damages and expenses which may be sustained by any of them as a result of
the Potters Studio's use and occupation of the Pottery Facilities.
Default
15. If at any time the Potters Studio is in default in the performance of any of the
obligations under this Licence and such default continues for 15 days after the
receipt by the Potters Studio of notice from the City setting out the particulars of
such default, the City shall have the right to terminate this Licence forthwith and
thereupon all the rights of the Potters Studio under this Licence shall
immediately cease and the City shall not be liable for payment to the Potters
Studio of any moneys whatsoever by reason of such termination.
General
16. The City shall have the right to enter the Pottery Facilities at any time for any
reason provided all reasonable efforts are made to minimize any disruption to
the Potters Studio's use of the Pottery Facilities.
17. The Potters Studio shall not exhibit or allow to be exhibited any sign, notice,
notice board, painting, design or advertisement without the prior consent of the
City.
18. The Potters Studio shall not alter, add to or vary in any way any part of the
Pottery Facilities without the prior approval of the City.
19. This Licence shall not be assignable by the Potters Studio without the consent of
the City, which consent may be arbitrarily refused.
20. This Licence shall ensure to the benefit of and be binding upon the parties and
their respective successors and permitted assigns.
21. No amendment to this Licence shall be effective unless it is in writing and signed
by both parties.
4
i .BhCP-Ei',tr~' I ~~S t3- OCI
22. (1) Any notice to the City under this Licence shall be in writing and shall be
delivered to the following address:
Pickering Civic Complex
One The Esplanade
Pickering, ON L1V 6K7
Attention: City Clerk
(2) Any notice to the Potters Studio under this Licence shall be in writing and
shall be delivered to the following address:
422 Meadowvale Road
Scarborough, ON M 1 C 1S5
Attention: Guida Pirita
(3) Notice shall be sufficiently given if delivered in person or sent by
registered mail or sent by facsimile transmission during normal business
hours on a business day.
(4) Each notice sent shall be deemed to have been received on the day it
was delivered or on the third business day after it was mailed.
(5) The parties may change their address for notice by giving notice to the
other in the manner provided in this Section.
IN WITNESS WHEREOF the City and the Potters Studio have signed this Licence.
Guida Pirita
THE CORPORATION OF THE CITY OF
PICKERING
David Ryan, Mayor
Debi A. Wilcox, Clerk
5
Citq 00 REPORT TO
EXECUTIVE COMMITTEE
I KERI Report Number: OES 15-09
Date: April 14, 2009
From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Fire Services
- Uniform and Bunker Gear Acquisition
- File: A-1440
Recommendation:
1. The Report OES 15-09 of the Director, Operations & Emergency Services
regarding Fire Services Uniform and Bunker Gear Acquisition be received;
2. That Council approve single sourcing of this acquisition through Starfield Lion
Ltd.; and
3. That the appropriate City of Pickering officials be authorized to take any actions
necessary to give effect thereto.
Executive Summary:
Since 1992, the City of Pickering Fire Services have acquired uniforms and bunker gear
from Starfield Lion Ltd. The company at the time was selected through a "Uniform
Committee" comprised of management and union staff to ensure appropriate and safe
clothing and safe bunker gear were the standard for the City for acquisition.
The premise and criteria have not changed and both union and management staff want
to ensure that our staff continue to consistently have compatible and safe work wear.
As you are aware it is very important that all firefighters have similar, identifiable work
wear.
However, over the years, due to price increases the cost of acquisition has increased.
Now the cost exceeds our allowable amounts to acquire without undertaking a tendering
process as defined by the Purchasing Policy.
For this reason we require Council approval to continue to single source this acquisition
through Starfield Lion as per past agreement with the Association. Single source is
when more than one source in the open market exists but only for reasons of
standardization, function or service, one vendor is recommended for consideration of
the particular goods and/or services.
Report OES 15-09 April 14, 2009
Subject: Fire Services
- Uniform and Bunker Gear Acquisition Page 2
Financial Implications:
Estimated 2009 Budget $122,000
Sustainability Implications: N/A
Background: N/A
Attachments:
1. N/A
Prepared By: Approved/Endorsed By:
e'
Everett Bun sma William Douglas
Director, Operations & Emergency Services Fire Chief
Gillis A. Paterson Vera Felgemacher
Director, Corporate Services & Treasurer C.P.P., CPPO, CPPB, C.P.M., CMM III
Manager, Supply & Services
EB:Ig
Copy: (Acting) Chief Administrative Officer
Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
Ile , V<_
Thomas J. Quinn, RD , CMM III
Chief Administrative Officer
CORP0227-07101 revised
Citr oo REPORT TO
EXECUTIVE COMMITTEE
I ERING Report Number: OES 18-09
Date: April 14, 2009
16
From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Winter Control Operations
- File: A-1440
Recommendation:
1. That Report OES 18-09 of the Director, Operations & Emergency Services be
received for information.
Executive Summary: The City of Pickering's Operations & Emergency Services
Department's Municipal Property & Engineering Division is responsible for providing
winter control operations (salting, ploughing, sanding and some snow removal) on all
City streets and some sidewalks.
The current level of service exceeds the minimum maintenance standards set out in
Ontario Regulation 239102 made under the Municipal Act. The City provides primarily a
snow clearing service and some aspects of snow removal as required when
accumulation warrants it.
This report provides information on the resources utilized (staff, equipment, contractors
and materials) staff procedure to implement winter control, areas of responsibility,
programs and typical annual expenditures. The report also describes the relevant
parking enforcement policies and the enforcement support provided by the Clerks
Division, specifically By-law Enforcement.
Financial Implications: There are no financial implications in receiving the report for
information purposes. Suggestions within the report that have financial implications will
be included in 2009 or future budget proposals.
Report OES 18-09 April 14, 2009
Subject: Winter Control Operations Page 2
1I
Sustainability Implications: Winter Control Operations is a fundamental service
provided by the City of Pickering. Levels of Service impact the social, environmental
and economic lenses of sustainability.
Background: The City of Pickering maintains approximately 918 lane km of roads
of which 686 lane km are paved surface and 232 lane km are granular surface, and
provides winter maintenance on approximately 98.6 km of sidewalks. Pickering's roads
are predominately two-way roads and winter control operations involve clearing the
complete road of snow and ice in both lanes. Each road surface requires a different type
of winter maintenance. Staff have prepared a binder entitled "Winter Maintenance
Operations Manual" that was distributed to Members of Council in January, 2009. The
binder, provides an overview of the City's winter control operations and some of that
information is provided below. The binder also contains a section on frequently asked
questions by our residents.
The City of Pickering provides winter maintenance on roads well in excess of the
minimum maintenance standards set out in Ontario Regulation 239102 made under the
Municipal Act. There are no minimum maintenance standards for winter maintenance
on sidewalks. The 9 urban and 3 rural routes are cleared using a priority routing
system. Roads on the priority route typically carry higher volumes of traffic or are transit
routes.
Roads No.Of Type Catch Storm Sidewalks
Routes Basins Sewers
Urban - South 9 Paved Yes Yes Yes
of Concession
3
2 Unpaved, No, ditches No No
Rural - North of granular only
Concession 3 base
1 Paved No, ditches No No
only
Staff
Approximately 45 staff is involved in winter control operations. The City requires these
employees to participate in standby duty between the months of November and April on
a rotating basis, seven days a week, 24 hours a day. Typically, there is 15 staff on a
standby per week comprised of a Foreperson, and other Lead Hands, HEO I, HEO II,
HEO III's, Maintenance Workers and Mechanics. Additional staff not on the present list
may be called upon as required during heavy storms. The City also hires up to five
Term Labourers for the months of January and February when snowfall is typically the
heaviest.
CORP0227-07/01 revised
Report OES 18-09 April 14, 2009
Subject: Winter Control Operations Page 3
Level of Service
Time required
Area Application to complete Comments
operations
Urban - Salting & Ploughing 12-18 hours If snowfall is heavy or
South of freezing rain occurs, may be
Concession 3 longer
Rural - North Ploughing & Sanding 18- 24 hours If snowfall is heavy or
of freezing rain occurs, may be
Concession 3 longer
The City's current level of service is to have all City roads cleared within 24 hours after
the accumulation of snow has ended. The difference in levels of service in the above
chart is due to the type of operation, the size of the routes, equipment available and the
travelling distance involved. Level of service may also be affected because of the hours
of service regulations pursuant to the Highway Traffic Act, Regulation 555/06 which
states that after a driver has accumulated 13 hours of driving time in a day, the driver
shall not drive again on the same day and may not work more than 14 hours in a 24
hour cycle.
Staff Procedure
Storm alerts come from weather reports, Fire Services Dispatch, Durham Region
Police, Region of Durham Works Department or the City of Pickering's after-hours
answering service. Once an alert is issued:
• on-call Foreperson performs road patrols to assess conditions
• on-call Heavy Equipment Operators, Maintenance Workers from the stand by list
are called by Foreperson if required
• as staff arrive, they are dispatched to assigned routes
• salt trucks are sent out first (for paved roads only), once roads have become
snow covered (5 cm/2 inches) and is expected to adhere and accumulate
• each salt route takes approximately 4-6 hours to complete
• grader operators are dispatched to plough two rural routes once snow has
accumulated
• a decision is made as to whether to plough urban routes - usually after 75 mm/3
inches of snowfall has accumulated
• at this point additional staff who are not on the stand by list may be called to
supplement the on-call staff
• when salt operation is complete, trucks return to the Operations Centre to install
ploughs if required, and ploughing commences usually requiring 6 = 9 hours for
a light snowfall and 8-12 hours for a heavy snowfall
• if necessary, rural roads are sanded after being ploughed
CORP0227-07101 revised
Report OES 18-09 April 14, 2009
Subject: Winter Control Operations Page 4
19
• gravel roads are sanded for traction. Applying salt would draw out the frost,
weakening the road and creating soft spots and pot holes
The above procedure occurs during a `normal' event. Each event may warrant an
alternate course of action depending on a number of factors including the type of
precipitation.
Snow Clearing Equipment
Description Quantity Purpose
Tandem Axle Dump Trucks 3 Road Clearing
Single Axle Dump Trucks 8 Road Clearing
Graders 2 Road Clearing
1 Road Clearing
Loaders 1 Used at the Operations Centre to fill
trucks with sand/salt
One-ton Dump Trucks 2 Road Clearing - used to supply salt to
sidewalk loughs
Ton pickup trucks with 4 Road Clearing, Fire Halls
plough
Snow Blowers 4 Crosswalks and Intersections
Trackless 4 Sidewalk Clearing & Salting
Holder 1 Sidewalk Clearing & Salting
John Deere 4 Sidewalk Clearing & Salting
Blower Attachments 2 - Trackless, Sidewalk Clearing
2 John Deere
Facility Parking Lots Cleared by Contractor
• Pickering Civic Complex - turn circle/parking lot (Esplanade South)
• Claremont Community Centre - parking lot
• Don Beer Arena - parking lot
• East Shore Community Centre - parking lot and driveway, snow must be
removed from the property immediately following a snow clearing
• Progress Frenchman's Bay East Park - parking lot
• Greenwood Community Centre - parking lot
• Green River Community Centre
• Mount Zion Community Centre
• Petticoat Creek Community Centre & Library
• Pickering Recreation Complex - turning circle and parking lots
• West Shore Community Centre - parking lot
CORP0227-07/01 revised
Report OES 18-09 April 14, 2009
Subject: Winter Control Operations Page 5
n r)
U
Facility Parking Lots - Cleared by City Staff
• Museum Office
• Brougham Community Centre - front entrance & rear stairs
• Millennium Square - parking Jot
• Centennial Park - parking lot
• Brockridge Park - parking lot
• Dunmoore Park - parking lot
• Fire Hall parking lots
• Pickering Recreation Complex - arena overflow lot - upon request
• Bay Ridges Kinsman Park/Alex Robertson Park - parking lots, as required
Areas Cleared by Others
• Durham Region Transit contractors clear bus shelters/stops
• Canada Post contractors clear super mailbox areas
• most municipal parks and trails such as the Waterfront Trail are not maintained
in the winter
Windrows
Ploughs always leave a windrow, which is the term given to the ridge of snow deposited
across the end of a driveway due to road snow clearing operations. Staff make every
effort to minimize the deposition of windrows; however, the mandate of City staff is to
clear the snow off the street. Pickering does not have the resources to remove the snow
that is deposited as a windrow from all driveways.
Trucks salt first, then plough, which may occur after residents have already shoveled
their driveway, requiring further shoveling to remove the windrows. Depending on the
severity of the storm, City staff may have to make a second pass that will again deposit
snow in the driveway. The second pass is made to ensure that catch basins are cleared
of snow and so that most of the snow is off the road surface to allow for on-street
parking. Occasionally windrows flow over the boulevard onto the sidewalk. This occurs
where the boulevard is narrow or where the sidewalk has been constructed adjacent to
the curb.
The City offers a Senior Snow Clearing Program to 300 residences within the urban
boundary which provides for the cleaning of windrows, a portion of the driveway apron,
sidewalks adjacent to the residence and a pathway to the front entrance.
CORP0227-07/01 revised
Report OES 18-09 April 14, 2009
Subject: Winter Control Operations Page 6
21
Snow Removal
The City of Pickering provides primarily a snow clearing operation on its roads,
sidewalks and parking lots through the use of salt application and ploughing techniques.
There are requirements for snow removal and the City provides this level of service at
the following locations:
• sidewalks on bridges
• boulevard parking on Liverpool Road south of Wharf Street
• sidewalks adjacent to curbs
• within cul-de-sacs on courts
• when required, at intersections and school crossing locations
Snow removal is accomplished by a combination of City staff and equipment, and
contracted services. Contracted services are primarily used for removal of snow within
cul-de-sacs on courts through the use of larger front end loaders and larger dump
trucks.
The City is not equipped to remove windrows from driveways or snow from boulevards
or adjacent to curbs throughout the City. Although some municipalities and districts
within the City of Toronto provide this service, the impact on taxes for Pickering to
commence this service would be significant. Although the Greater Toronto Area has
experienced approximately three heavy snowfall seasons in the last decade, there is no
compelling reason to increase the level of service to provide snow removal, considering
an already high level of service for snow clearing operations. Staff estimate that in
order to provide a windrow clearing/removal service for the approximately 20,000
driveways in the City, we would require at least one additional piece of equipment (44
pick-up truck, bobcat loader or tractor with plow) for each of the twelve routes as well as
the additional staff to operate the equipment. This is similar to Toronto's operation for
the districts of North York, Etobicoke and Scarborough. After speaking with staff at the
City of Toronto and hearing the concerns they are having with this service, the cost the
service was not calculated in detail but would be in excess of $500,000 per winter
season to rent the equipment necessary and to hire the additional staff.
Winter Control Expenditures
Municipalities have a requirement to report costs related to winter control operations on
roads through the Municipal Performance Measures Program (MPMP). Although final
costs for 2008 are not yet available, the following costs are known for the previous
years based on MPMP information for each calendar year.
CORP0227-07/01 revised
Report OES 18-09 April 14, 2009
Subject: Winter Control Operations Page 7
22
YEAR Number of Winter Material Costs' Winter Control
Control Events (saltlsand) Cost
(per lane km
2008 47 $870,830 Not et available
2007 53 616,373 $1434.59
2006 22 311,600 579.28
2005 51 484,064 1270.39
2004 60 515,422 1144.21
An event is defined as a requirement for roads to be salted and/or ploughed due to the
accumulation of new snow. There is not always a linear correlation between number of
events and material costs as some events require multiple salt applications, or salt may
be required when there is not a new accumulation (freeze, thaw cycles).
Parking Enforcement
Municipal Law Enforcement Services provides support to Operations staff during all
snow clearing operations requiring plowing. The City's Traffic and Parking By-law
contains two provisions specifically related to snow clearing operations.
Traffic & Parking By-law 6604/05, section 13(2)(d), stipulates "No person shall stop any
vehicle on any highway while salt or sand is being applied to, or when snow is being
ploughed or removed from, any highway in the City." This section of the by-law is
actively enforced by Municipal Law Enforcement Services Officers only when snow
ploughing is taking place; enforcement does not take place during salting and sanding
operations. The ploughs do not have to be on the road where tickets are issued at that
time. This provision was implemented a number of years ago to encourage vehicle
owners to remove their vehicles from the street to facilitate snow clearing operations.
The second by-law provision relating to snow clearing is enforced after snow clearing
operations have ceased. Section 13(2)(e) states "No person shall stop any vehicle on
any highway in such a manner as to interfere with seasonally required road
maintenance activities including snow plowing, and or removal, sanding, salting and
sweeping." This provision involves ticketing vehicles that remain on the street that have
obviously been ploughed in as the road was cleared.
In addition to the above, in November of 2008, Council passed an amendment to the
Traffic and Parking By-law prohibiting on-street parking from 2 am - 5 am, from
December 1 - March 31, to expedite snow clearing operations. This new provision has
been enforced since January 5, 2009, following receipt of set fine approval from the
Ministry of the Attorney General.
CORP0227-07/01 revised
Report OES 18-09 April 14, 2009
Subject: Winter Control Operations Page 8 23
Signs are posted at all entrances to the municipality and other strategic locations
advising of the parking prohibition during snow clearing operations, as well as the new
parking prohibition from 2:00 am - 5:00 am. In addition, notices were issued to all
vehicles that were parked on the street in November and early December, 2008
advising of the new parking prohibition as well as the prohibition regarding parking
during snow clearing operations. Ads were also placed on the City's community page
in the local paper, December 3, 10 & 17, 2008 indicating the same information.
Ticket Statistics Regarding Snow Clearing Operations:
Infraction Dates Tickets Fines Valued at
issued
Stopped while salt/sand or snow Jan 1 - Dec 31, 2008 2,486 $94,468
clearing underway Jan 1 - Feb. 5, 2009 692 $26,296
Parked between 2:00 - 5:00 am Jan 1 - Mar 26, 2009 2,525 $95,950
Stopped and interfere with
highway cleaning Jan 1 - Feb 5, 2009 18 $684
Relevant Parking Enforcement Policies:
The standard for enforcement of all streets for vehicles parked in excess of 3 hours
overnight is generally once per month. Enforcement of the 2 am - 5 am parking
prohibition from December 1 - March 31, takes place on all City streets in the urban
area approximately bi-weekly.
The standard for enforcement of all streets for vehicles parked across the sidewalk
takes place during daytime and early evening hours. Vehicles parked across the
sidewalk from 11 pm to 7 am are not ticketed. This policy was adopted to encourage
vehicle owners to remove their vehicles from the street overnight, thus increasing the
effectiveness of winter control operations during that time period.
Boulevard parking is enforced for vehicles parked on the grass portion of the boulevard
or that block sightlines at intersections. Vehicles parked across the apron (boulevard)
portion of the driveway overnight will generally not be ticketed.
Any vehicles found to be snowbound on the street (not moving on a daily basis) are
issued tow notices requiring removal within 24 hours.
CORP0227-07/01 revised
Report OES 18-09 April 14, 2009
Subject: Winter Control Operations Page 9
24
Conclusions & Future Considerations
The City is currently providing a high level of service for winter control operations on
roads and sidewalks for snow clearing. Increased levels of snow fall frequency and
accumulation over the last two winter seasons have had an impact on resources
required to maintain our level of service, specifically hours of work, equipment
maintenance, fuel, and materials such as salt and winter sand. In order to maintain our
current level of service, additional staff are required and are being requested in the
2009 current budget. Additional staff will offset the impact of MTO hours of service
regulations and excessive overtime demands on current staff.
In order to maintain levels of service where snow accumulation tends to fluctuate from
season to season, the City should consider augmenting services through the use of
contracted services, specifically for snow removal services. When future needs are
unpredictable, it is not recommended to invest in capital equipment for snow removal,
as the equipment may sit idle from season to season. Staff have researched snow
removal attachments for existing equipment and the purchase of a "Snow Panther"
snow blower attachment for Tiger boom mower will be recommended in the 2009
Capital Budget. When snow accumulation is heavy, staff also investigates the renting of
additional equipment such as graders and sidewalk plows to complement the existing
fleet. Having a contractor on standby for snow removal operations for cul-de-sacs or
the boulevard parking on Liverpool Road is being investigated. If additional staff are not
approved in the 2009 current budget, then having a contractor on stand-by for snow
clearing operations would also be pursued.
Attachments:
1. N/A
Prepared By: Approved/Endorsed By:
Ric and Holb n Everett Buntsm
Dision Head, Municipal Property Director, Operations & Emergency
Engineering Services
Debi Wilcox
City Clerk
CORP0227-07/01 revised
Report OES 18-09 April 14, 2009
Subject: Winter Control Operations Page 10
25
EB:mld
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
Thomas J. uin , RDM , MM III
Chief Administrative Officer
CORP0227-07/01 revised
Cary 00 REPORT TO
' EXECUTIVE COMMITTEE
I KERI Report Number: CS 06-09
Date: April 14, 2009
26
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Statement of the Treasurer Respecting 2008 Remuneration and Expenses
of Members of Council and Council Appointees to Boards, Agencies and
Other Bodies
Recommendation:
That Report CS 06-09 of the Director, Corporate Services & Treasurer regarding
Statement of the Treasurer respecting Remuneration and Expenses of Members of
Council and Council Appointees for the year 2008 be received for information.
Executive Summary: Section 284(1) of the Municipal Act 2001 states in part that
the Treasurer of every municipality shall, in each year, submit to the Council of the
municipality, an itemized statement of the remuneration and expenses paid to each
Member of Council. The statement must also include remuneration and expenses paid
to any other person who has been appointed by Council to serve as a member of any
body.
Financial Implications: This report contains no -new financial implications as the
expenditures were provided for in the 2008 Current Budget approved by Council.
Sustainability Implications: This report contains no information pertaining to
sustainability.
Background: Over the last few years this report has evolved to include various
categories of expenditures that have been interpreted to be required under the new
Municipal Act and/or financial reporting requirements of the Province of Ontario or
professional accounting bodies.
The reference in the Act to "...expenses paid ...to has been interpretated to also
include expenses paid on behalf of a Member of Council or appointee. For example,
assume two Councillors incur the same registration expense to attend the same
conference. One puts it on his charge card and seeks reimbursement from the City
Report CS 06-09 Date: April 14, 2009
Subject: Statement of the Treasurer Respecting 2008 Remuneration Page 2
and Expenses of Members of Council and Council Appointees
to Boards, Agencies and Other Boards 97
while the other has the City billed directly. There should be no difference in the
reporting treatment due to the method of payment and this interpretation will
accomplish that. It also complies with what I believe is the intent of the legislation. The
report excludes expenditures that are corporate in nature, for example school awards,
promotional items and photography, and that are not directly associated with any
individual Councillor. Council receptions, Committee meeting expenses and City Hall
administration and overhead expenses are also excluded.
Payments made by Veridian Corporation to Pickering Council appointees to the Board
have been included. The Act stipulates that any body to which a Council appointment
is made must provide the municipality with a statement of remuneration and expenses
paid for the year, and this information must be included in the Treasurer's report to
Council.
Several other bodies to which Council makes appointments have also been included as
an "other body" as required under the Act. However, the many community committees
and groups that Councillors are appointed to have been excluded as, to the best of my
knowledge, no remuneration or expenses are paid.
The amounts paid by the Region of Durham to Regional Councillors are not included in
this report.
Attachments:
1. Remuneration and Expenses of Members of Council
2. Detailed Breakdown of 2008 Expenses
3. Remuneration and Expenses of Council Appointees
4. Remuneration and Expenses Paid by Veridian Corporation to Council Appointees
Report CS 06-09 Date: April 14, 2009
Subject: Statement of the Treasurer Respecting 2008 Remuneration Page 3
and Expenses of Members of Council and Council Appointees
28 to Boards, Agencies and Other Boards
Prepared By: Approved / Endorsed By:
Avril Gillis A. Paterson _
Audit Director, Corporate Services & Treasurer
GAP:ap
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
Thomas . Q nn, RDMR, CMM III
Chief Administrative Officer
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STATEMENT OF TREASURERATTACHMENT#.~.T0 REPORT
COUNCIL APPOINTEES 31
2008 REMUNERATION AND EXPENSES
Remuneration Expenses (4) Total
Committee of Adjustment (1,2)
K. Ashe (3) 1,040 83 1,123
D. Johnson (3) 1,280 53 1,333
S. Kular (3) 880 161 1,041
E. Newton (3) 1,280 48 1,328
K. Wilkinson (3) 1,120 242 1,362
5600 587 6.187
Fenceviewers/Property
Standards Committee (2)
K. Bannister (3) 320 27 347
A. Burtney (3) - - -
G. Fernandes (3) 240 - 240
R. Fleming (3) 320 23 343
M. O'Connor (3) 400 32 432
1,280 82 1.362
Heritage Pickering Advisory
Committee (2)
T. Abernathy (7) - - -
S. Curran (8,9) - - -
K. Emmink (7) - - -
R. Fleming (8,9) - - -
S. Foxton (7) - 18 18
P. Fuselli (7) - - -
R. Lawson (9)
D. Panesar (9)
J. Simpson (7,9) - - -
G. Zimmerman (7,10) - 154 154
- 172 172
Livestock Valuers (2)
J. Laider (3) 480 40 520
480 40 520
37 STATEMENT OF TREASURER
COUNCIL APPOINTEES
2008 REMUNERATION AND EXPENSES
Remuneration Expenses (4) Total
Pickering Museum Advisory
Committee (2)
S. Byrne (3) - - -
K. Corcoran (9) - -
R. Cowan (3,9) - -
L. Drake (3,9) - 274 274
P. Dunhill (3,9) - - -
W. Gosse (3) - - -
R. Lawson (9,12) - - -
M. Managhan (11) - - -
S. Primrose (12) - - -
P. Savel (3,9) - - -
W. Utton (3,9) - - -
K. van der Vecht (3) - - -
B. Weston (3,9) - - -
- 274 274
Pickering Public Library Board (2)
0. Chaudhry (3) - - -
P. Irwin (3, 5) - - -
B. Littley (3) - - -
J. Lucas (3) - - -
A. Midolo (5) - - -
A. Naqvi (6) - - -
J. O'Connell (3) - - -
J. Sabean (3) - - -
P. Savel (3) - - -
H. Van Leeuwen (3,6) - - -
S. Van Steen (3) - 776 776
- 776 776
NOTES TO COUNCIL APPOINTEES:
All payments are authorized under Council's adoption of the 2008 Current Budget.
(1) Authority: By-law 5242/98
Municipal Act, 2001 Section 283
(2) Authority: By-law 6713/06
Municipal Act, 2001 Section 283
(3) Council appointees for new term commencing December 1, 2006
(4) Expenses include conferences, travel and meeting expenses
NOTES TO COUNCIL APPOINTEES: (continued) 33
(5) Resolution #116/07, M. Midolo to replace P. irwin
(6) Resolution #166/07, A. Naqvi to replace H. Van Leeuwen
(7) Resolution #32/07, Council appointees until November 30, 2008
(8) Resolution #71/07, Council appointees for a two year term
(9) Resolution #245/08, Council appointees for a term to expire November 30, 2010
(10) Resolution #245/08, Council appointee for a term to expire November 30, 2009
(11) Resolution #20/08, Council appointee for a term to expire December 31, 2008
(12) Resolution #156/08, Council appointees for a term to expire December 31, 2008
STATEMENT OF TREASURER ` r fACHNlENT#._TOREpORT## ~S ob°v~
34 COUNCIL APPOINTEES
2008 REMUNERATION AND EXPENSES
Remuneration Expenses (4) Total
Veridian Corporation (1,2)
Board of Directors
D. Ryan (3) - - -
D. Dickerson (3) 17,500 4,781 22,281
B. McLean (3,7) 21,500 3,183 24,683
D. Pickles (3) 14,500 904 15,404
R. Sutton (5) 18,000 3,056 21,056
S. Trepanier (6) 18,000 1,547 19,547
89,500 13x471 102,971
NOTES TO VERIDIAN CORPORATON BOARD OF DIRECTORS:
(1) The above information was provided by the Vice President, Corporate Affairs,
Veridian Corporation.
(2) Remuneration and expenses are paid by Veridian Corporation as may be
established by the Board of Directors. The term of office for the Board follows the
calendar year therefore, the above expenses are for 12 months ending December
31, 2008.
(3) Appointed by Council under City of Pickering By-law 6213/06.
(4) Expenses include conferences, meals and mileage.
(5) Appointed by Council under City of Pickering Resolution #23/07.
(6) Appointed by Council under City of Pickering Resolution #46/07.
(7) Appointed by Council under City of Pickering Resolution #46/07 as Mayor's
representative.
City o~
REPORT TO
PICKER! EXECUTIVE COMMITTEE
Report Number: CS 0m9 3 5
Date: April 14, 2009
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Cash Position Report as at December 31, 2008
Recommendation:
That Report CS 07-09 from the Director, Corporate Services & Treasurer regarding the
Cash Position of the City as at December 31, 2008 be received for information.
Executive Summary: The attached schedules provide the City of Pickering's cash
position, continuity of taxes receivable, outstanding investments, development charges
collected and other development contribution information for the six months ended
December 31, 2008.
In summary, our receipt of funds and payments, other than timing differences, are in line
with the 2008 budget and the 2007 actual cash flows. Tax arrears are up slightly over
2007. The City's investment portfolio remains well balanced although yields dropped
considerably in the last 6 months, especially for the short term investments (Current
Operating Fund). The City ended the year in a slightly larger cash position (up $1.2
million or 38%) due mainly to a slightly higher level of taxes billed prior to bills being
paid.
Financial Implications: The cash position of the Corporation for six months ended
December 31, 2008 was a net decrease in cash of $3,556,161 to $4,409,725. Sources
of Funds totalled $119,522,551 and Uses of Funds totalled $123,078,712.
Sustainability Implications: This report does not contain any sustainability
implications.
Background: This report presents a six-month period of activity ending December
31, 2008. The discussion below describes the purpose and the information contained in
each of the attached schedules.
Report CS 07-09 Date: April 14, 2009
Subject: Cash Position Report as at December 31, 2008 Page 2
6
z
Statement of Cash Position: Attachment 1 reflects the sources and uses of funds for
the second half of 2008. Subcategories have been identified to highlight those cash
transactions that are significant in nature or large dollar value transactions for the City
of Pickering. This schedule summarizes the decrease in cash of $3,556,161 over the
last six months with subcategories identifying the sources and uses of funds. The 2008
year end balance is approximately $1.2 million more than 2007. However, year to year
periodical comparisons may not be useful due to timing of receipts and disbursements.
Year end cash balances and future revenues are set to meet the cash flow
requirements early in the following year.
Continuity of Taxes Receivable: Attachment 2 summarizes the tax related
transactions from July 1 to December 31, 2008 and provides the outstanding taxes
receivable as at December 31, 2008. This balance represents all three levels of taxes
billed, such as City, Region and School Boards. This has increased over the past
several years but may vary where due dates and amounts for supplementary billings
change from year to year.
Current year's taxes receivable of $7.0 million is approximately 4.4% (2007 - 4.3%,
2006 - 4.2%) of the $159.0 million total taxes billed as at December 31, 2008. The
outstanding balance of $14.7 million is approximately 9.2% (2007 - 8.7%, 2006 - 8.2%)
of the $159.0 million total taxes billed in 2008.
Outstanding Investments: Attachment 3 reflects the short-term and long-term
investments for both Current and Reserve Funds outstanding as at December 31,
2008. There has been a 36.0% increase in total investments from $46.9 million last
year to $63.8 million this year most of it from short term investments of excess funds
that are on hand due to timing of collection and remittance of development charges and
supplementary taxes. Total investment portfolio as at December 31, 2008 is $67.0
million with $3.2 million coming from internal loans and $63.8 million from general
investments.
Development Charges Collected: Attachment 4 indicates the total development
charges for the City, Region and School Boards, as the City is responsible for collecting
development charges on behalf of all levels of government. The total amount collected
of $958,816 agrees with the balance indicated under Sources of Funds on
Attachment 1. However the remittance of development charges to the Region and
School Boards indicated under the Use of Funds is different than the total collected
amount mentioned above. This variance is a result of timing differences because
payments to the Region and School Boards are due 25 days following the month
collected.
Other Development Contributions: Attachment 5 is provided to show other significant
development contributions that have been received.
Report CS 07-09 Date: April 14, 2009
Subject: Cash Position Report as at December 31, 2008 Page 3 37
Multi Year Receipts: The balance of the tables shows multi year receipts. The
collections of the City portion of development charges have increased by 57.6% or
$884,909 from $1,537,367 in 2007 to $2,422,276 in 2008. However, amounts collected
for the second half of 2008 decreased by about 40.0% compared to the same period
last year.
The 653 building permits issued during 2008 is a slight increase over the 590 issued in
2007. This increase was evident during the first half of 2008 but started to decline
during the second half as compared to the same period in 2007.
Attachments:
1. Statement of Cash Position
2. Continuity of Taxes Receivable
3. Outstanding Investments
4. Statement of Development Charges Collected
5. Other Development Contributions
6. Building Permits Issued 2000 - 2008
7. City Portion of Development Charges Collected 1991-2008
Prepared By: Approved / Endorsed By:
Dennis P. Arboleda Gillis A. Paterson
Supervisor, Accounting Services Director, Corporate Services & Treasurer
:da
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
Thomas . Quinn, MR., C III
Chief Administrative Officer
f=,TTACHMEN-f #TO REPORT #.x.07 _vq
City of Pickering
38 Cash Position Statement
for six months ending December 31, 2008
Sources of Funds:
Accounts Receivable collected $ 620,057
Development charges collected 958,816
Operating 26,198,266
Grants-in-lieu:
Federal 2,050,581
Provincial 662,746
Ontario enterprises 4,168,146
Municipal enterprises 4,606,752
Linear Properties 504,875
Federal specific grants 17,248
Ontario specific grants 217,039
Interest Income 636,737
Sale of land -
Tax payments received 78,800,563
POA Revenue 80,725
Total $ 119,522,551
Use of Funds:
Operating and Capital Expenditures $ 38,257,991
Payroll 18,096,937
Region Levy 43,641,717
Regional portion of Dev. Charges 1,436,720
School Board Levies 20,867,066
School Board portion of Dev. Charges 151,515
Debenture payment to Region 626,765
Total $ 123,078,712
Net Cash Increase (Decrease) $ 3,556,161
FINANCIAL POSITION
Bank Balance Net Cash Bank Balance
Jul 1, 2008 Provided Used December 31, 2008
Current Fund $ 7,965,886 $ (3,556,161) $ 4,409,725
TOTAL $ 7,965,886 $ 3,556,161 $ 4,409,725
Note: Includes City, Region and School Boards
Cash Position Dec 2008NET CHANGES
ATTACHMENT C REPORT # ,
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REPORT TO
' EXECUTIVE COMMITTEE
I KERI Report Number: CS 08-09 4 5
Date: April 14, 2009
From: Gillis A. Paterson,
Director, Corporate Services & Treasurer
Subject: Revised Fence By-law and Proposed Fence Cost Sharing By-law
- File: A-1400
Recommendation:
1. That Report CS 08-09 of the Director, Corporate Services & Treasurer be
received;
2. That the updated Fence By-law, included as Attachment 1, providing regulations
for fences erected within the City of Pickering, be enacted;
3. That the draft Fence Cost Sharing By-law, included as Attachment 2, providing
regulations for the sharing of costs of division fences be enacted, and
4. That the appropriate staff of the City of Pickering be given the authority to give
effect thereto.
Executive Summary: As part of the review of all municipal regulatory by-laws,
Municipal Law Enforcement Services, in consultation with the City Solicitor, has
prepared a revised by-law regulating fences within the City of Pickering. The proposed
fence by-law:
a) outlines clear provisions regarding maximum fence heights and minimum
standards for swimming pool enclosures,
b) establishes regulations for privacy screens and ornamental ponds,
c) creates a more consultative exemption process requiring notification of
adjoining property owners, and;
d) clearly defines offences, enforcement processes, remedial actions and cost
recovery terms.
The proposed Fence Cost Sharing By-law is intended to replace the Fenceviewer's
process currently utilized under the Line Fences Act. Many municipalities have opted
out of the Line Fences Act, and implemented fence cost sharing by-laws. The Fence
Cost Sharing By-law sets the basic cost an adjoining property owner is responsible for
in relation to a new division fence and establishes a process under the Provincial
Offences Act for property owners to pursue when an adjoining owner defaults on
payment. It also outlines requirements for the repair and reconstruction of existing
division fences.
Report CS 08-09 April 14, 2009
~u~ject: Revised Fence By-law & Proposed Fence Cost Sharing By-law Page 2
r
Financial Implications:
The elimination of the use of the Fenceviewers Committee will result in substantial
reductions in staff time spent on preparing the extensive forms and requisitions which
are required under the Line Fences Act. While the. City recovered the costs paid to the
Fenceviewers Committee by invoicing the property owners involved, staff time was not
included in this calculation.
The draft fence by-law proposes fees for exemption applications, which were previously
processed at no charge. This will provide a mechanism for recovering the costs
involved.
Sustainability Implications:
Fences are key components of residential communities. Ensuring they are well-
maintained, free of graffiti, and constructed within approved limits establishes
community standards which allow each property owner the ability to enjoy their
property.
Background:
Fence By-law:
The existing fence by-law was passed in 1976. While minor amendments have been
enacted, the basic provisions remain relatively the same. Through enforcement of the
existing fence by-law, staff have identified various areas which could be clarified, or
amended to better meet the needs of residents. Key highlights of changes in the
proposed fence by-law include:
• Ornamental ponds require enclosures similar to swimming pools.
• The maximum fence height for a rear or side yard has been increased to 2m,
(66"), as opposed to previous 6 ft maximum. This height maximum is similar
to that adopted by most other municipalities.
• The maximum fence height for a front yard fence of solid construction has
been reduced to 1 m (39"), from previous maximum of 42".
• A new "open construction" fence height maximum for front yards has been
proposed, allowing fencing which can clearly be seen through to be a
maximum of 1.5 m.
• Hedge height will no longer be regulated, unless the hedge is located in a
front yard. This will enable regulation of hedges which may cause sight line
issues, while eliminating maximums on side yard or rear yard hedges.
Introduction of regulations for privacy screens, with setback requirements,
maximum height of 2.6 m, and maximum lengths.
CORP0227-07/01 revised
Report CS 08-09 April 14, 2009
Subject: Revised Fence By-law & Proposed Fence Cost Sharing By-law Page 3 4 7
• Site plan approval required for non-residential fencing.
• Maintenance and graffiti removal requirements.
• An exemption process which provides for notification of adjoining property
owners.
• The transition of the Property Stand a rd s/Fe nceviewe rs Committee to a
Property Review Committee which will review applications for exemptions
based on set criteria.
• Provisions for enforcement, allowing the City to undertake the work and bill
the property owner for contraventions. (particularly useful for pool enclosure
contraventions, posing a risk to the safety of the public)
Fence Cost Sharing By-law:
The City of Pickering currently utilizes the Line Fences Act, and the Fenceviewers
Committee to resolve issues regarding the cost sharing of division fences. The Line
Fences Act was originally enacted to establish cost sharing of agriculture fences. It is a
very cumbersome process, with numerous forms to be prepared and served in specific
terms. As the majority of fence disputes arise in urban subdivisions, the provisions
outlined in the Line Fences Act do not interpret well for this use.
The draft Fence Cost Sharing By-law provides a simple process for residents to follow
when disputes arise as to sharing the costs of erecting a new division fence. The
proposed by-law requires an adjoining owner to contribute half the "basic cost" of the
construction of a new division fence. This basic cost is defined as the cost of erecting a
4 foot chain link fence to minimum construction standards. The cost to repair, maintain
or reconstruct existing division fences must be shared equally by both property owners,
based upon the type of fence in place.
The process to notify an adjoining owner, and the information to be provided is outlined,
as well as instructions on how to initiate proceedings under the Provincial Offences Act
to recover costs when an adjoining owner is in default. The City's role is limited to
providing guidance through the process. As fence disputes are typically a matter
between two private property owners, this transition is appropriate in providing a means
to resolve issues without requiring the direct involvement of the City.
The proposed by-laws provide regulations which will assist residents in understanding
the types of fencing permitted, the responsibilities of swimming pool and ornamental
pond owners, and the means to resolve various types of issues which may result from
disputes regarding the type of fence to be erected, or the sharing of costs.
Fencing issues are common between neighbours. Providing the framework for
acceptable height, location, and construction, are key tools in ensuring residents can
enjoy the use of their property.
CORP0227-07101 revised
Report CS 08-09 April 14, 2009
Subject: Revised Fence By-law & Proposed Fence Cost Sharing By-law Page 4
48
Attachments:
1. Updated Fence By-law
2. Proposed Fence Cost Sharing By-law
Prepared By: Approved/Endorsed By:
imb My Tho pson, CMM I Debi Wilcox, CMO, CMM III
Ma ager, By-law Services City Clerk
r
Gillis A. Paterson,
Director, Corporate Services & Treasurer
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
Thomas J. Quin' , RDMR, CMM III
Chief Administrative Officer
CORP0227-07/01 revised
[ATTACHMEN-[ , 6..1__- _ r Job l # cs , 09
THE CORPORATION OF THE CITY OF PICKERING ~A El
»t
BY-LAW NO. /09~
A by-law to regulate fences and swimming pool enclosures
WHEREAS paragraph 7 of subsection 11(3) of the Municipal Act, 2001 provides
that a municipality may pass by-laws respecting structures including fences; and
WHEREAS the City of Pickering deems it necessary to prescribe limitations on
fence height and materials, as well as require the erection of swimming pool
enclosures that meet minimum safety standards;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING ENACTS AS FOLLOWS:
PART I - INTERPRETATION
Definitions
1. In this by-law,
(a) "City" means the geographical area of the City of Pickering or the
Corporation of the City of Pickering, as the context requires;
(b) "Council" means the Council of the Corporation of the City of
Pickering;
(c) "erect" includes alter, construct, place, locate, install, relocate and
maintain, and cause or permit to be altered, constructed, placed,
located, installed, relocated or maintained;
(d) "fence" means any structure constructed of posts, boards, rails,
wire, masonry or other similar materials or any combination thereof
used to define a property boundary or to enclose any outdoor area,
but does not include hedges, shrubs, trees or privacy screens;
(e) "front wall" means the main fagade of a building or structure;
(f) "height", as it relates to a fence, means the vertical distance from
the ground to the highest point of the fence, except in the case of a
fence located on top of a retaining wall, where "height" means the
vertical distance between the top of the retaining wall and the
highest point of the fence;
Fence By-law No. /09 Page 2
i• f
(g) "main building" means the structure used for the principle purpose
of the property, and includes an attached garage;
(h) "owner" means the person or persons identified in the most recent
tax rolls as the owner of a property;
(i) "person" includes a corporation and the heirs, executors,
administrators or other legal representatives of a person to whom
the context can apply according to law;
Q) "privacy screen" means a visual barrier used to shield any part of a
yard from view from any adjacent property or from a highway;
(k) "property" includes any grounds, yard, lot, vacant land or other
parcel of land;
(1) "swimming pool" means any body of water in or above the ground
contained by artificial means, in which the depth of the water at any
point can exceed 0.6 m, and is used or is capable of being used for
swimming, wading or bathing, but does not include hot tubs or spas,
provided they are covered when not in use;
(m) "swimming pool enclosure" means a fence, wall or other structure,
including doors and gates, surrounding a swimming pool that will
prevent entry of the general public; and
(n) "TRCA" means the Toronto and Region Conservation Authority.
2. In this by-law,
(a) "front yard" means a yard extending across the full width of a
property between the front property line and the front wall of any
main building on the property for which the yard is required;
(b) "rear yard" means a yard extending across the full width of a
property between the rear property line and the nearest wall of any
main building on the property for which the yard is required; and
(c) "side yard" means a yard extending from the front yard to the rear
yard between the side property line and the nearest wall of any
building or structure on the property for which the yard is required.
Application
3. This by-law applies to all lands within the City.
Fence By-law No. /09 Page 3
References to Legislation
4. In this by-law, reference to any Act, regulation or by-law is reference to
that Act, regulation or by-law as it is amended or re-enacted from time to
time.
Word Usage
5. This by-law shall be read with all changes in gender or number as the
context may require.
6. A grammatical variation of a word or expression defined has a
corresponding meaning.
Construction
7. Unless otherwise specified, reference in this by-law to Parts, sections and
schedules are to Parts, sections and schedules in this by-law.
Measurements
8. All dimensions in this by-law are in inches, millimetres (mm), centimetres
(cm) and metres (m).
Severability
9. Each section of this by-law is an independent section, and the holding of
any section or part of any section of this by-law to be void or ineffective for
any reason shall not be deemed to affect the validity of any other section
or parts of sections of this by-law.
PART II - SWIMMING POOL ENCLOSURES
Definitions
10. In this Part,
(a) "Director" means the City's Director, Planning & Development or a
designate; and
(b) "enclosure permit" means a permit issued under this Part to erect a
swimming pool enclosure.
Fence By-law No. /09 Page 4
52
Permit Applications
11. No person shall erect a swimming pool without first obtaining an enclosure
permit from the City.
12. An enclosure permit application shall be made by the owner of the
property on which the swimming pool is to be located or an authorized
representative of such owner.
13. Every enclosure permit application shall be filed with the Director using the
City's prescribed form.
14. Every enclosure permit application shall be accompanied by,
(a) details of the type of fence and its location in relation to the
proposed or existing pool and other structures on the property;
(b) where a neighbouring property is required for access, a letter from
the neighbouring owner authorizing such access; and
(c) the applicable fee set out in Schedule "A".
15. Every enclosure permit application for a property located within the TRCA
Screening Area must include TRCA approval in writing.
16. The Director shall not issue an enclosure permit unless the application
complies with all relevant provisions of this by-law.
17. The Director may impose any conditions deemed appropriate for an
enclosure permit.
Swimming Pool Enclosure Requirements
18. A swimming pool enclosure shall,
(a) provide a completely enclosed area for the swimming pool;
(b) be a minimum of 1.2 m in height, measured on the outside of the
enclosure;
(c) be constructed so that the distance between the ground and the
bottom of the fence does not exceed 10 cm;
(d) be setback a minimum distance of 1 m from the swimming pool
wall; and
Fence By-law No. /09 Page 5
S3
(e) have no rails or other horizontal or diagonal bracing or attachments
on the outside that would facilitate climbing.
19. A swimming pool enclosure shall not be required if the outside walls of the
swimming pool are elevated a minimum of 1.2 m above the finished grade
and are constructed in such a manner as not to facilitate climbing from the
outside of the swimming pool, and no access ladders or adjacent objects
or equipment are available to facilitate climbing.
20. Gates that form part of a swimming pool enclosure shall be,
(a) comprised of equivalent material and construction as the rest of the
swimming pool enclosure;
(b) not less than 1.2 m in height;
(c) supported on substantial hinges;
(d) self-closing; and
(e) equipped with self-latching devices placed on the inside of the gate
at or near the top.
21. If a swimming pool enclosure is constructed of chain-link fencing, it shall
meet all of the following specifications:
(a) chain-linking not be greater than 38 mm mesh, consisting of 12
gauge galvanized steel wire or 14 gauge steel wire, covered with
vinyl coating, or other such equivalent material;
(b) galvanized steel supporting posts spaced at no more than 3 m
intervals;
(c) end posts and corner posts at least 48 mm in diameter extended a
minimum depth of 0.9 m below grade encased in concrete;
(d) intermediate posts at least 38 mm in diameter extended a minimum
depth of 0.9 m below grade encased in concrete; and
(e) top and bottom rails made of galvanized steel pipe having a
minimum diameter of 32 mm, however a 5 mm galvanized steel
tension rod may be substituted for the bottom rail.
22. If a swimming pool enclosure is constructed using vertical board, it shall
meet all of the following specifications:
Fence By-law No. /09 Page 6
(a) vertical boarding not less than 23 mm by 100 mm nominal spaced
not more than 38 mm apart, attached to a top and bottom rail in
such a manner as not to facilitate climbing from the outside;
(b) supporting posts not less than 100 mm by 100 mm nominal spaced
not more than 2.4 m apart and extended a minimum depth of 1.2 m
below grade encased in concrete;
(c) pressure treated wood below grade, or treated with a wood
preservative below grade; and
(d) top and bottom rails not less than 50 mm by 100 mm.
23. If a swimming pool enclosure is constructed using materials other than
chain-link or vertical board, it shall,
(a) be constructed to provide an equivalent degree of safety to that
specified for chain link and vertical board construction, and
approved by the issuance of an enclosure permit;
(b) be permitted to have exposed structural or other members or parts
thereof on the outside of the swimming pool enclosure provided a
minimum vertical distance of 1.2 m is maintained between such
parts; and
(c) have a maximum opening of 100 mm at any point in the swimming
pool enclosure.
Offences
24. No person shall erect a swimming pool unless the owner has erected a
swimming pool enclosure that meets all of the requirements of this Part.
25. No person shall erect a swimming pool enclosure that does not meet all of
the requirements of this Part.
26. No person shall place water in a swimming pool or allow water to remain
in a swimming pool unless a swimming pool enclosure has been erected
that meets all of the requirements of this Part.
27. No owner of a property on which a swimming pool is located shall permit
any gates that form part of a swimming pool enclosure to remain open
unless a responsible person is present and supervising the swimming
pool.
Fence By-law No. /09 Page 7
rr
Ornamental Ponds
28. (1) In this section, "ornamental pond" means a body of water in or
above the ground, contained in part or in whole by artificial means,
in which the depth of the water at any point can exceed 0.6 m.
(2) Sections 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 apply with
necessary modifications to ornamental ponds and ornamental pond
enclosures.
PART III - FENCES ON RESIDENTIAL PROPERTY
Restrictions
29. (1) No person shall erect a fence greater than 2 m in height in any side
yard or rear yard.
(2) This section shall not apply to a privately owned outdoor tennis
court if the fence is of chain-link construction.
30. (1) In this section,
(a) "fence of open construction" means a fence constructed so
that at least one third of its vertical surface area is open
space, enabling motorists and pedestrians to have a clear
view through such fence; and
(b) "fence of solid type construction" means a fence constructed
of solid materials, or a hedge, which limits the ability of
motorists and pedestrians to see through the fence.
(2) No person shall erect a fence of solid type construction that is
greater than 1 m in height in any front yard.
(3) No person shall erect a fence of open construction that is greater
than 1.5 m in height in any front yard.
(4) This section shall not apply to fences erected prior to the passage
of this by-law that comply with the previous maximum height of 42
inches.
31. Where a rear yard or a side yard of a property abuts the front yard of
another property, the maximum fence height shall be 2 m.
Fence By-law No. /09 Page 8
32. Where the front yard depths of two abutting properties vary, the front yard
shall be determined by the abutting property with the lesser front yard
depth.
Exemptions
33. Sections 29, 30, 31 and 32 shall not apply to,
(a) residential fences that abut property used for industrial, commercial,
or institutional purposes or, railway land, where the provisions for
non-residential properties (Part IV) apply;
(b) noise control barriers erected by or as a requirement of a
government agency acting pursuant to statutory authority;
(c) fences erected in accordance with an approved site plan;
(d) any fencing erected by a federal, provincial or municipal
government; and
(e) ornamental gateways, garden structures or entranceways used or
maintained as a decorative feature that do not require a building
permit to be lawfully erected.
Privacy Screens
34. No person shall erect a privacy screen in a front yard.
35. No person shall erect a privacy screen in a side yard or rear yard unless it
is,
(a) located more than 0.6 m from any side yard line or rear property
line;
(b) less than 2.6 m in height; and
(c) less than 8 m in length.
36. Where a privacy screen is located so as to provide a visual barrier
between dwelling units divided by a common wall, it may be placed on the
side property line if the privacy screen is less than 5 m in length.
Fence By-law No. /09 Page 9
57
PART IV - FENCES ON NON-RESIDENTIAL PROPERTY
37. No person shall erect a fence that is greater than 2.6 m in height on any
non-residential property.
38. No person shall erect a fence on any non-residential property without first
having received site plan approval from the City.
PART V - GENERAL FENCE REGULATIONS
Posts
39. No person shall erect a fence post or decorative fence post feature that
projects more than 20 cm above the fence height.
Hazardous Materials
40. (1) No person shall erect a fence that contains or is constructed of any
hazardous material such as razor wire, barbed wire or any other
sharp projections capable of causing physical injury to humans.
(2) Notwithstanding subsection (1), barbed wire fencing may be
authorized on a site plan approved by the City.
Electrical Fences
41. No person shall erect an electrical fence using direct current unless such
fence,
(a) is on property that is being lawfully used for agricultural purposes;
(b) has a maximum 12 volt trickle charge;
(c) is designed and erected solely to contain animals; and
(d) has attached signs at no more than 15 m intervals warning that the
fence carries electricity.
Traffic Sightlines or Other Hazards
42. No person shall erect a fence which, by reason of its location or design,
obstructs traffic sightlines or for any other reason constitutes a hazard.
Fence By-law No. /09 Page 10
Graffiti
43. (1) In this section, "graffiti" has the same meaning as in City By-law
6711/06.
(2) No person shall place graffiti or cause or permit graffiti to be placed
on any fence.
(3) Every owner shall at all times maintain their fence free of graffiti.
Maintenance
44. (1) In this section, "state of good repair" means,
(a) complete and maintained in a structurally sound condition
and securely anchored;
(b) protected by weather resistant materials;
(c) components are not broken, rusted, rotten or in a hazardous
condition;
(d) all stained or painted fences are maintained free of peeling
paint or stain; and
(e) does not present an unsightly appearance to abutting
properties or to the neighbourhood.
(2) All fences, swimming pool enclosures or privacy screens shall be
maintained in a state of good repair by the owners of the property
on which they are located.
PART VI - EXEMPTIONS
Definition
45. In this Part,
(a) "City Clerk" means the City Clerk or a designate; and
(b) "Committee" means the City's Property Review Committee.
Exemption Applications
46. An owner may apply for an exemption from the provisions of this by-law.
Fence By-law No. /09 Page 11
c~
47. Every exemption application shall be submitted in writing to the City Clerk
and shall contain the following information:
(a) property survey;
(b) site plan showing the location of all structures on the property;
(c) a description of the proposed fence, swimming pool enclosure or
privacy screen;
(d) construction and installation specifications for the proposed fence,
swimming pool enclosure or privacy screen;
(e) supporting documentation from neighbouring property owners, if
available;
(f) the name, address and telephone number of the owner;
(g) if the applicant is not the owner of the property, authorization
confirming the applicant is acting on owner's behalf;
(h) reference to the section of the by-law from which the exemption is
being sought;
(i) reasons why the exemption is being sought; and
0) the applicable fee set out in Schedule "A".
48. If supporting documentation filed with the exemption application evidences
that all adjoining property owners support the requested exemption and
the City Clerk determines the exemption is in keeping with the general
intent of this by-law, the City Clerk may approve the exemption.
49. If the exemption application is submitted without support from adjoining
property owners, the City Clerk shall refer the application to the Committee
for a hearing.
50. The City Clerk shall notify the applicant once a hearing date has been set.
The City Clerk shall also notify all property owners abutting the applicant's
property.
51. If the applicant does not attend the hearing, the Committee may proceed
in the absence of the applicant, and the applicant shall not be entitled to
further notice.
Fence By-law No. /09 Page 12
60
52. When considering an exemption application, the Committee shall have
regard for,
(a) any special circumstances or conditions referred to in the
exemption application;
(b) whether strict application of the provisions of this by-law would
result in practical difficulties or unnecessary hardship for the
applicant;
(c) whether the requested exemption is consistent with the general
intent and purpose of this by-law; and
(d) whether the fence, swimming pool enclosure or privacy screen will
alter or otherwise have a negative impact on the essential character
of the area.
53. Following a hearing, the Committee shall render its decision.
54. The decision of the Committee shall be final and binding.
55. Notice of the decision shall be given to the applicant and any other person
present at the hearing.
56. The Committee's decision shall take effect on the day that it is made.
PART VII -ADMINISTRATION AND ENFORCEMENT
Definitions
57. In this Part,
(a) "officer" means a municipal law enforcement officer appointed by
the City; and
(b) "order" means an order issued by an officer under section 60.
Inspections
58. An officer may, at any reasonable time, enter upon any property for the
purpose of carrying out an inspection to determine whether or not the
provisions of this by-law have been complied with.
Fence By-law No. /09 Page 13
59. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an officer.
Order to Comply
60. Where an officer is satisfied that there has been a contravention of any
provision of this by-law, the officer may issue an order requiring the owner
of the property on which the contravention has occurred to do work to
correct the contravention.
61. An order shall set out,
(a) reasonable particulars of the contravention;
(b) the location of the property;
(c) the general nature of the work required to be done to correct the
contravention; and
(d) the date by which the work must be done.
62. An order may be served by,
(a) personally delivering it to the owner; or
(b) sending it by registered mail to the owner at the address of the
owner shown on the last revised assessment roll for the property or
the last known address of the owner.
63. Service of an order under this section shall be deemed to have been
effected on the date that it is delivered personally or three days after it was
mailed, as the case may be.
64. No person shall fail to comply with an order.
Remedial Action
65. Where an order has been issued and compliance has not been achieved
by the date specified in the order, the City may cause the work set out in
the order to be done.
66. The City may recover the costs of doing any work undertaken pursuant to
section 65, together with an administration charge equal to 25% of such
costs, from the person required to do it by action or by adding the costs to
the tax roll and collecting them in the same manner as property taxes.
Fence By-law No. /09 Page 14
a
Penalties
67. Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine pursuant to the provisions of
the Provincial Offences Act.
PART VII - GENERAL
Short Title
68. This by-law may be referred to as the "Fence By-law".
Repeal
69. By-law No. 425/76 is repealed.
Effective Date
70. This by-law shall come into force on the day of its passing.
By-law read a first, second and third time and finally passed this day of
, 2009.
David Ryan, Mayor
Debi A. Wilcox, City Clerk
Fence By-law No. /09 Page 15
63
SCHEDULE "A"
Swimming Pool Enclosure Permit Application $150.00
Application for exemption from Fence By-law:
i) With Supporting Documentation $100.00
ii) Contested $250.00
ATTACHMENT #-2- TO REPORT #
64 THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /09
A
S
A by-law to determine cost-sharing for division fences.
WHEREAS pursuant to Subsection 98(1) of the Municipal Act, 2001 a local municipality
may provide that the Line Fences Act does not apply to all or any part of the
municipality; and
WHEREAS paragraph 7 of Subsection 11(3) of the Municipal Act, 2001 provides that a
lower-tier municipality may enact by-laws respecting structures, including fences; and
WHEREAS the Council of The Corporation of the City of Pickering considers it desirable
to pass a by-law to provide for the cost sharing of division fences.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
PART I - INTERPRETATION
Definitions
1. In this by-law,
(a) "actual cost" means the total cost to construct, re-construct, repair or
maintain a division fence and includes the value of the materials used and
the labour performed to complete the work;
(b) "adjoining owner" means the person who owns land adjacent to land on
which an owner seeks to construct, re-construct, repair or maintain a
division fence;
(c) "basic cost" means the cost to construct a four foot high steel chain link
fence that has,
(i) 1 Y2 inch diamond mesh;
(ii) No. 12 gauge galvanized steel wire;
(iii) 1 Y2 inch diameter galvanized steel support posts encased in 2
inches of concrete above grade to a depth of two feet below grade
spaced ten feet apart; and
(iv) 1 inch diameter top and bottom horizontal rails.
CORP0223-07/01
Fence Cost Sharing By-law Page 2
ES
(d) "City" means the geographical area of the City of Pickering or The
Corporation of the City of Pickering, as the context requires;
(e) "construct" means erect, install or locate, and/or cause or permit to be
erected, installed or located;
(f) "division fence" means a fence marking the boundary between adjoining
properties;
(g) "owner" means the person identified in the most recent tax rolls as the
owner of a property;
(h) "person" includes a corporation and the heirs, executors, administrators or
other legal representatives of a person to whom the context can apply
according to law;
(i) "re-construct" means to replace an existing division fence that is not in a
state of good repair; and
Q) "state of good repair means complete and maintained in a structurally
sound condition and securely anchored with components that are not
broken, rusted, rotten or in a hazardous condition.
References to Legislation
2. In this by-law, reference to any Act, regulation or by-law is reference to that Act,
regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
3. This by-law shall be read with all changes in gender or number as the context
may require.
4. A grammatical variation of a word or expression defined has a corresponding
meaning.
Construction
5. Unless otherwise specified, reference in this by-law to sections and schedules
are to sections and schedules in this by-law.
Severability
6. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
Fence Cost Sharing By-law Page 3-
66
reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
PART II - APPLICATION
General Application
7. Subject to Section 8, this by-law shall apply to all lands within the City.
Exemptions
8. This by-law shall not apply to,
(a) any highway as defined in subsection 1(1) of the Highway Traffic Act,
including unopened and unassumed road allowances;
(b) any lands that the City has zoned "Agricultural";
(c) adjoining owners who have agreed in writing on the apportionment of
actual costs;
(d) an owner who has initiated proceedings under the Line Fences Act prior to
the date of the passing of this by-law;
(e) an owner wishing to upgrade an existing fence that is in a state of good
repair; or
(f) any person that is under a.legal requirement to erect or maintain a division
fence.
9. The Line Fences Act shall not apply to any property in the City.
PART III - COST SHARING
Right to Construct a Division Fence
10. An owner may construct, re-construct, repair and maintain a division fence to
mark the boundary between his property and adjoining properties.
Construction Cost Sharing
11. Unless otherwise agreed, an adjoining owner shall be responsible for fifty percent
of the basic cost or fifty percent of the actual cost, whichever is less, of the
Fence Cost Sharing By-law Page 4
67
construction of a division fence, and the owner shall be responsible for the
balance of the actual cost.
12. Unless otherwise agreed, an adjoining owner shall be responsible for fifty percent
of the actual cost of re-constructing a division fence.
Notice of Proposed Construction or Re-Construction
13. (1) An owner desiring to construct a division fence shall first serve or cause to
be served upon the adjoining owner a notice of an intention to undertake
the work that includes,
(a) a copy of this by-law;
(b) the date the work to be undertaken is planned to commence;
(c) copies of three estimates received for the cost of the proposed
fence;
(d) an estimate of the basic cost of the proposed fence; and
(e) a request for payment from the adjoining owner calculated in
accordance with this by-law.
(2) An owner desiring to re-construct a division fence shall first serve or cause
to be served upon the adjoining owner a notice of an intention to
undertake the work that includes,
(a) a copy of this by-law;
(b) the date the work to be undertaken is planned to commence;
(c) copies of three estimates received for the cost of the proposed
fence;
(d) a request for payment from the adjoining owner calculated in
accordance with this by-law.
(2) Notice under this section shall be served at least fourteen days prior to the
commencement of any work or execution of any contract in relation to the
work to be undertaken.
Fe,n9p Cost Sharing By-law Page 5
69
Repairs and Maintenance
14. Subject to sections 15, 16 and 17, an owner and an adjoining owner shall share
equally in the actual cost of repairing and maintaining a division fence such that it
is in a state of good repair.
15. An owner shall be responsible for the actual cost of repairs to a division fence if
the damage necessitating the repair was caused by the owner or any person for
whom the owner is in law responsible.
16. An adjoining owner shall be responsible for the actual cost of repairs to a division
fence if the damage necessitating the repair was caused by the adjoining owner
or any person for whom the adjoining owner is in law responsible.
17. If a tree is thrown down by accident or otherwise so as to cause damage to a
division fence, the owner of the land on which the tree stood shall, at his sole
expense, forthwith remove the tree and repair the fence.
PART IV - ENFORCEMENT
18. Unless otherwise agreed, any amounts owed under this by-law shall be paid
within 30 days of completion of the work.
19. (1) Where a person is in default of any obligation under this by-law, an owner
may initiate proceedings under Part IX of the Provincial Offences Act to
recover any monies owed or to obtain an order that the work be
undertaken.
(2) Prior to initiating proceedings under Part IX of the Provincial Offences Act,
an owner shall serve or cause to be served on the defaulting owner a
notice setting out the particulars of the default and stating that if the default
is not rectified within thirty days after service of the notice, proceedings
may be initiated under Part IX of the Provincial Offences Act.
(3) A notice under subsection (2) shall be served within ninety days of the
completion of the construction, re-construction, repair or maintenance of
the division fence or other event that gave rise to the default.
PART V - GENERAL
Manner of Notice
20. (1) Notice under either section 13 or 19 may be served by,
Fence Cost Sharing By-law Page 6
69
(a) personally delivering it to the adjoining owner; or
(b) sending it by registered mail to the adjoining owner at the address
of the adjoining owner shown on the last revised assessment roll for
the property or the last known address of the adjoining owner.
(2) Notice shall be deemed to have been effected on the date that the notice
is delivered personally or three days after it was mailed, as the case may
be.
Fence Construction'
21. Any division fence constructed or re-constructed shall comply with the provisions
of the City's Fence By-law.
22. Any division fence constructed or re-constructed within an area designated as a
Heritage Conservation District pursuant to Part V of the Ontario Heritage Act, is
subject to all requirements for obtaining approval pursuant to such Act.
Short Title
23. This by-law may be referred to as the Fence Cost Sharing By-law.
Effective Date
24. This by-law shall come into force on the day of its passing.
BY-LAW read a first, second and third time and finally passed this day of ,
2009.
David Ryan, Mayor
Debi A. Wilcox, City Clerk