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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 ATTACHMENT Tp REpORT#_,L5 06 J 9 20, co 00 rn o cD ao o v 00 NI~MNONf~ MM r- WLOMMrr- v NC NI R O U C MM r-000000'T ~M--~ ` rr OMNNLO Nto O L rlr Lnvcr~ 000rO O 7 r r (D Lo co L) (D rl U N M Q w _ E w Fes- v m U co CO co IV 'IT O N O 00 m ' OO w00wOwM-q r O y MM Lnrro0f~co M U d LO LO r rr000(D O L r r r r r r r r (D Q ~ O ~ U U m 0 > C 000rCO MN(D (L O rr LnUl)r Mm 0MM Ln a) U E O O Ln M r (D (D Ln cl c U N E N N~ cocl) ~NLn(DI- f-O (U0 N 0 U U O ~ r- :3 J Z x c W U a w w 2 r- U Z X M 00 Oo I~ r M r- ao O (n - -D j O 0) U) w aoCD (DO(D000N U O m C a Q 0 0 N (D (D LO LO 0 LO f- LO CD -p c c (u w V Z w ti~ 00001 00 c •0 c y rr rrrr r(D m O N O a) E ac) c Q Z 00 LL U0 co a> -Fu v N :3 0 LL r- c y a) m M M M M M M 0 0 Z N N N N N N N M a) a m g c n OOOOOOr a Ln a) c w N M M M M M M o 0 E (moo t 0 O w LD ! r U m O c 0 m c QMm 'E m =3 w a o U a) c (b o E o U r N O (D (D rrrrrr(D fa m c c O (V N N (D (D (D (D (D (D (D c a) a) NN NNNNNNLn O O O ~Q O 00 OOOOo) a) Lo M M ~C a) I~ N N N N N N f~ 1- Q) N r ~ N ~ •0 N ER C CO ai 0) a) V N 'U Q 7 U ^ U a) N O C O 00 m U Z Nfn m U~ U yU cn 3 r a s o 0 o c U U o°E tea) aa N D x m O N c_ U m E c E CD U c a c 0 a O a) O L C) LL o m.0 v Ug c to r O .9 0 o n a~i ° can N o a) 612). U) 0 E a cn a) :3-0 o c w a) m am m ~o m a)` Eo 0 E a E a) m C a- C N 0 c c N 0 m N Y c N J O Y 0 N E N (n cu a) m cu i5 = _0 U) O U O c c a) Q3 00 3pof mm~0 Q cw m a. m~ cn ~0 m ~ 0 Z ATTACHMENT #,_TO REPORT OcO~MMNco (f)0~MMMco 61% C6 C6 c- O l) (6 t` r,: C6 d 0 N to X W U0 ti~N0)0(oO V d co N O CM O 0 Qw 0 7 O U) CD O U') Lo rN+ aEv9 NIli r- 7 0 Q E MM N~CON(OO~ Ul) Lo co I~NNLo (O~ N " co (o (C)(OOM~NO a O O N 00 W N Z i MMOd 00t`~ J a O Co O M M W d r ti M e- Z 3 c Q O N Z a c U LL O d ~ M V N O M 00 Z U. MCOOmc0 0 U C ~ ~ M~~d'~c01~ 0 LL 0 d^ r r r Lf ) F-000 C z W W Q o m - ~ ~ (f) (O O cp M M LC) w W co co C~O~GMOOOm((D N J p~ C N M M N L O 4a N W c~av U a co o a CD CD (nr-Mm0~r, v Md'~ OcMpNrnOOMO(°n a~ y N N C.4 C4 C O ` r O (a U ~ c O L Q _a) N N E O L c i 0 C O C C U) N O c Q) O V p U U U b 0- :3 °,ci c~ m m ci V (6 ~ 0 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 # , j ~ d 00 (n ~ co It (n ti Cn (o O v r 3 / N N O O co (D N v ~ M I~ (O J •L O d v rn lf R M ti ti N P. c m N p •p ;r co co L0 00 N v O M > Y 0 to 00 00 N N M r co O In co n U > r M > D) c') O~ M N (D w V M d (O M r r d w W 00 V V C I~ N co '1Lo LO O N O Q1 t0 O C r. 0.. co O (D (D co O m O M O n O (0 ~ O co (D O N O (n N W. r- N O U) O N M O D1 Q) aD M LO LO M U i LO 0) f~ N V O M O co In N _ _ E (D co 04 04 W - - C6 (D 0 d R Q v C N = N O s c a' V C O O i O O N N o p y C) v rn et cD E co 0 O ~ v p ~r N n 00 IT N U ti v o R ER v N 00 N L 0 00 a a C) C) N > L N yp. 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L caU1 UUQ U a m in a w Z c LL 2 ~ LL 2 Z N > a) W W d 0' W r- W U) Z N N N N N N N N N ~ > 0 0 0 0 0 rn N to 0 0 w rn 2 d c c C c ` ` ` ` ` F- Z d c c ` ` ` ` ` ` ` ` C: r_ ~ F- > E 0: commm'm'mm' O emmmm'm'mMCOCOMCoM Z M z w c m) w w _ O > R F_ h W 0 - J Z C I-- C Vl U CA H N N N U N ,,,r C N M N N y y N y N N y N J J ~ ~ a~ d d a~ a~ a~ a~ a~ a~ Q C7 m d a~ a~ a~ a~ a~ d m d a) m a~ Q Q c O y`ZZZZZZZZZ F_ Z `z z z zz Z Z z z z z z F- F- N V O O O O U 41 c m co .L w C d N r- d N CO c0 Y CO co o) 7 0) a U y 0 H N M O co N rn Z, E) E U = 0 U p ~ tm of C1 = L Iv E :5 O e} C. C V _n ti w r ~ ti O C> O O M M M 0) M > t w 0 r f =0 0 = Q N 0 E K ` 7 N O 00 O OL O 00 rn ao ao 00 E O I,- LO 00 LO LO to L t N O N O O M 7 V Q N E O t L Q M M O ~ 10 O O co CO co .0 V" ~ co '14' va. 06 C N ~ M M O d d' C O (D M C d ti d tiT C N CO O ~ 0 V Ch (O O O O O O s- M N M W) U Q W H U W J J 0 N z a) 0 N a > 11 0 a) 0 :3 Q c~ 0 z° D F a 4.2 5 L.. w-. O U m 0 a~ O 00 0 0 N tm U) co U C C O N °o rn t- O O c N 60~ 64 ESA O Y 3 V O V M a a ~ L N 0 0 .a U E U as E o Q. cm O m > _ Q O N L ~ r C 0 C E x .y L O C (0 ~ N ca a) a V O N cn J Y C O > > J z -S2 O N Z H U CL U co Q Z O V REPO 43 o o S N W 060 o O N X11 z° E--~ oc o° • r..~ O p N N ° ~ I 0 O N w O M /°W11` J, O O O N N O O O W N O O O N O O O O O O O O O O d O O O O O O O O O H O lr O in O in O lZ O H O it) O H O lfi ON 00 00 C~ l~ ~O ~D ~fi Ir '7 M M N N ATTACHMUl," 44 o ~o P64 <09 o~ v f O soot 4-~ 'Po O o0 19 ~ N of ~ I o0 ^^O °z 966j 56..6 l Q~ AT `n6 l6 6l 16. r3l o a o 0 0 0 0 0 0 00 °0 00 0o ao °o oa o0 0 o a o 0 0 0 0 0 0 o a o 0 0 0 M M N N .-O 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