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HomeMy WebLinkAboutMay 17, 2010 CiN o¢~ Council Meeting PI ~KERI Agenda Monday, May 17, 2010 Council Chambers 7:30 pm 1) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 11) DISCLOSURE OF INTEREST III) ADOPTION OF MINUTES PAGE Special In Camera Council Minutes, April 19, 2010 Under Separate Cover Council Minutes, April 19, 2010 1-19 Planning & Development Committee Minutes, May 3, 2010 20-23 In Camera Executive Committee Minutes, May 10, 2010 Under Separate Cover Executive Committee Minutes, May 10, 2010 24-33 IV) PRESENTATIONS 34 V) DELEGATIONS 35 VI) CORRESPONDENCE 36-64 VII) COMMITTEE REPORTS 65-70 a) Report 2010-04 of the Planning & Development Committee b) Report 2010-04 of the Executive Committee VIII) REPORTS - NEW AND UNFINISHED BUSINESS 71-109 IX) MOTIONS AND NOTICE OF MOTIONS 110-111 X) BY-LAWS 112-136. XI) OTHER BUSINESS XII) CONFIRMATION BY-LAW Accessible M For information related to accessibility requirements please contact P IC K G N G Pho eR 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Iroberts ci.citvofpickerina.com FOR INFORMATION ONLY • Minutes of the Committee of Adjustment, April 7, 2010 • Minutes of the Heritage Pickering Advisory Committee, April 20, 2010 • Minutes of the Sustainable Pickering Advisory Committee, April 28, 2010 0 Minutes of the Accessibility Advisory Committee, April 28, 2010 Crrf Council Meeting Minutes Monday, April 19, 2010 MCXE 7:30 PM Council Chambers 01 PRESENT: Mayor David Ryan COUNCILLORS: D. Dickerson R.Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T. Quinn - Chief Administrative Officer N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability G. Paterson - Director, Corporate Services & Treasurer T. Prevedel - Division Head, Operations & Facilities D. Shields - City Clerk L. Roberts Committee Coordinator (1) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) DISCLOSURE OF INTEREST No disclosures of interest were noted. (III) ADOPTION OF MINUTES Resolution #62/10 Moved by Councillor Johnson Seconded by Councillor McLean Council Minutes, March 8, 2010 Special In Camera Council Minutes, March 8, 2010 1 Crrq Council Meeting Minutes _ Monday, April 19, 2010 PICKEMG 7:30 PM Council Chambers 02 Special Council Minutes, March 29, 2010 Planning & Development Committee Minutes, April 6, 2010 Executive Committee Minutes, April 12, 2010 CARRIED (IV) DELEGATIONS 1. Karina Clendenning PAC4Teens Re: National Youth Week Karina Clendenning, PAC4Teens appeared before Council and provided a review of the projects PAC4Teens had been involved with as well as an overview of upcoming projects with the aid of a power point presentation. She provided an outline of the group's activities and explained the programs they were involved with. She also noted the City had launched FACEBOOK in June 2008 and recently TWITTER as well which continues to obtain new followers every day. 2. Terry Dorgan Re: Fair Wage Policy for the City of Pickering Terry Dorgan appeared before Council outlining his request for the City of Pickering to review their Fair Wage Policy. He noted that other municipalities had reviewed and updated their Fair Wage Policies and stated that the City of Pickering's policy was outdated. He informed Council that he would be happy to work with staff in this regard. A brief question and answer period ensued.. 3. Keith Falconer, Chair Gwelda MacDonald-Tuttle . Accessibility Advisory Committee 2009 Annual Report and 2010 Work Plan Keith Falconer, Chair, Accessibility Advisory Committee appeared before Council and introduced members of the Committee that were present. He outlined the role and purpose of the Committee and provided an overview of their plans for 2010. He then introduced Gwelda MacDonald-Tuttle who presented the 2009 Annual Report and 2010 Work Plan with the aid of a power point presentation. She also outlined their plans for an upcoming accessibility forum that the Committee is planning for next year. 2 i Caq Council Meeting Minutes Monday, April 19, 2010 PTCKERING 7:30 PM Council Chambers 03 A question and answer period ensued. 4. a) Peter Rodrigues Re: Ballot Question Regarding Proposed Pickering Airport Peter Rodrigues, a resident of Whitevale, appeared before Council with respect to the ballot question regarding the proposed Pickering Airport. He noted that he had concerns with the clarity of the question. He stated that there were many documents which indicated a downward trend in the airline business and noted there were numerous protests against an airport. He also stated that no one was coming forward wanting an airport and felt that due to the confusion of what the question was asking he requested that the question be withdrawn. b) Catherine Beattie Re: Ballot Question Regarding Proposed Pickering Airport Catherine Beattie, Pickering resident, appeared before Council also indicating her concerns with the question on the ballot and also requested that it be removed from the ballot or reworded differently. She noted her concerns regarding the clarity of the question as well as the notification process for the public meetings. c) Mary Delaney, Co-Chair, Land Over Landings Re: Ballot Question Regarding Pickering Airport Mary Delaney, Co-Chair, Land Over Landings, appeared before Council and provided an overview of the appeal to the By-law which had been submitted to the City regarding the ballot question. She indicated her concern as well for the lack of notice provided in respect to the public meetings. Ms. Delaney did note that she understood that the required procedures were followed but, also noted that lack of attendance at the public meeting on this issue should have indicated that residents were not aware of the public meeting. She informed Council that most residents in the northern areas do not receive the Wednesday edition of the News Advertiser, do not have Rogers Cable and many do not have access to the internet, making it difficult to be advised through these means. She noted the second part of the appeal deals with the confusing nature of the question, being ambiguous and unclear. She indicated that she would like to see the question removed from the ballot, but if it is not removed, the wording needs to be changed. A question and answer period ensued with respect to the options available and any further action with regards to the question on the ballot. 3 I Ciar oo Council Meeting Minutes _F Monday, April 19, 2010 7:30 PM 04 Council Chambers Resolution #63/10 Moved by Councillor O'Connell Seconded by Councillor McLean That the rules of procedure be suspended in order to allow for the following delegations; John Mutton David Steele MOTION DEFEATED ON A RECORDED VOTE YES NO Councillor McLean Councillor Dickerson Councillor O'Connell Councillor Johnson Councillor Littley Councillor Pickles Mayor Ryan (V) CORRESPONDENCE 1. CORR. 28-10 MARION E. IRWIN SECRETARY OF THE BOARD COMMUNITY JUSTICE ALTERNATIVES 700 Finley Ave., Unit 4 Ajax, ON L1 S 3Z2 A brief discussion period took place respecting the positive aspects of the Community Justice Alternatives organization. Resolution #64/10 Moved by Councillor Dickerson Seconded by Councillor McLean 1. That the City of Pickering provide a grant in the amount of $750.00 to Community Justice Alternatives to expand their services; 2. That provisions for this grant allotment be included in future budgets; and 4 Crrt o¢ Council Meeting Minutes Monday, April 19, 2010 PICKE 7:30 PM Council Chambers 05 3. That the appropriate City officials be authorized to take the necessary actions to give effect thereto. CARRIED 2. CORR. 29-10 TERRY DORGAN, BUSINESS AGENT IBEW LOCAL 894 Resolution #65/10 Moved by Councillor Johnson Seconded by Councillor Dickerson That CORR. 29-10 from Terry Dorgan, Business Agent and representative for Central Ontario Building Trades requesting the City of Pickering review their Fair Wage Policy By-law in order to update their policy to mirror other municipalities such as Oshawa and Clarington be referred to staff for a report prior to Council's summer recess. CARRIED 3. CORR. 30-10 STEPHEN REYNOLDS .DIVISION HEAD, CULTURE & RECREATION CITY OF PICKERING One The Esplanade Pickering, ON L1V 6K7 Resolution #66/10 Moved by Councillor Johnson Seconded by Councillor McLean That CORR. 30-10 received from Stephen Reynolds, Division Head, Culture & Recreation on behalf of the Pickering Museum Village Advisory Committee, seeking Council endorsement to officially name the newly restored heritage building at the Pickering Museum Village the Brougham Temperance House be endorsed. CARRIED 5 Cary oo~ Council Meeting Minutes ~Monday, April 19, 2010 7:30 PM Council Chambers 06 4. CORR. 31-10 KATHY STRANKS TORONTO AND REGION CONSERVATION 5 Shoreham Drive Downsview, ON M3N 1S4 Discussion ensued and questions arose with regards to clarification on the contents of the letters and what exactly the City would be endorsing. Councillor O'Connell noted concerns with endorsing a proposed policy without the benefit of having the policy to review and requested further information in this regard. Moved by Councillor Dickerson Seconded by Councillor McLean That Correspondence Item 31-10, from Toronto and Region Conservation be divided. CARRIED Resolution #67/10 Moved by Councillor Dickerson Seconded by Councillor McLean That CORR. 31-10 from Kathy Stranks, Manager, Chair and CAD's Office, Toronto and Region Conservation, submitting'for Council's information a letter from Jerry Ouellette, MPP Oshawa and response from the Chair, Conservation Ontario concerning the legislation, regulations and responsibilities governing conservation authorities be received for information. CARRIED Resolution #68/10 Moved by Councillor Littley Seconded by Councillor Johnson That a letter be forwarded to the Toronto and Region Conservation Authority and Jerry Ouellette, MPP endorsing and supporting their efforts to improve the effectiveness and efficiency of the organizational responsibilities of Conservation Authorities. 6 Cirt oo Council Meeting Minutes Monday, April 19, 2010 7:30 PM Council Chambers 07 CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Johnson Councillor Dickerson Councillor Littley Councillor O'Connell Councillor McLean Councillor Pickles Mayor Ryan 5. CORR. 32-10 KEITH FALCONER, CHAIR ACCESSIBILITY ADVISORY COMMITTEE • Resolution #69/10 Moved by Councillor Dickerson Seconded by Councillor Littley That CORR. 32-10 from Keith Falconer, Chair, Accessibility Advisory Committee, submitting the 2009 Annual Report and the 2010 Work Plan on behalf of the Accessibility Advisory Committee be received for information. CARRIED 6. CORR.33-10 a) CHILD FIND ONTARIO b) TRILLIUM GIFT OF LIFE NETWORK c) MARISA CARPINO, SUPERVISOR CULTURE & RECREATION, CITY OF PICKERING d) CANADIAN HEARING SOCIETY Resolution #70/10 Moved by Councillor Johnson Seconded by Councillor Dickerson That CORR. 33-10 be received for information and the following proclamations be declared: May 25th, 2010 - National Missing Children's Day May, 2010 - Green Ribbon of Hope Month 7 Cltq 00 Council Meeting Minutes =Monday, April 19, 2010 7:30 PM 08 Council Chambers April 18 - 25, 2010 - National Organ and Tissue Donation Awareness Week May, 2010 - Asian Heritage Month May 1 - 7, 2010 - Youth Week May, 2010 - Hearing Awareness Month CARRIED (VI) COMMITTEE REPORTS a) REPORT PD 2010-03 OF THE PLANNING & DEVELOPMENT COMMITTEE 1. Director, Planning & Development, Report PD 05-10 Mavij Homes Development Inc. Plan of Subdivision 40M-2254 Final Assumption of Plan of Subdivision COUNCIL DECISION 1. That Report PD 05-10 of the Director, Planning & Development regarding the final assumption of the works and services within Plan of Subdivision 40M-2254 be received; 2. That the highways being Rougewalk Drive and Mahogany Court within Plan 40M-2254 be assumed for public use; 3. That the works and services required by the Subdivision Agreement within Plan 40M-2254, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Blocks 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77 and 78; and 4. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2254, save and except from Blocks 57, 58, 59, 60, 61, 63, 64, 65, 66, 70, 74, 75, 76 and 77, be released and removed from title. 2. Director, Planning & Development, Report PD 07-10 Seaton Updates -Neighbourhood Planninq Review and Other Implementation Studies COUNCIL DECISION 8 i Citq o¢ Council Meeting Minutes Monday, April 19, 2010 7:30 PM Council Chambers 09. That Report PD 07-10 of the Directors, Planning & Development and Office of Sustainability, respecting a status update on the Seaton Neighbourhood Planning Review and other implementation studies required under the Central Pickering Development Plan, be received for information. Resolution #71 /10 Moved by Councillor Dickerson Seconded by Councillor Johnson That the Report of the Planning & Development Committee 2010-03, dated April 6, 2010, be adopted. CARRIED b) REPORT EC 2010-03 OF THE EXECUTIVE COMMITTEE 1. Chief Administrative Officer's Report CAO 03-10 Rouge Park Governance Review -Proposal to Create a Rouge National Park COUNCIL DECISION 1. That Council receive Report CAO 03-10 regarding the February 2010 Rouge Park Governance Review report prepared by StrategyCorp and Hemson Consulting for the Rouge Park Alliance. 2. That Council advise the Rouge Park Alliance as follows: a) That it supports in principle the creation of a Rouge National Park as outlined in the February 2010 Rouge Park Governance Review report; b) That the City of Pickering will participate in further discussions on the.creation of a Rouge National Park and establishment of a Founding Deal through its representatives on the Rouge Park Alliance; and c) That before any final decisions are made on the Rouge National Park and Founding Deal, the matter be brought back to Pickering Council for consideration. 3. That a copy of this Report be forwarded to the Rouge Park Alliance. 9 i Crrt Council Meeting Minutes Monday, April 19, 2010 PICKEFUNG 7:30 PM Council Chambers 10 2. Chief Administrative Officer's Report CAO 04-10 Updated Horse Riding Establishment Licensing By-law COUNCIL DECISION 1. That Report CAO 04-10 regarding the licensing of horse riding establishments be received; and 2. That By-Law No.5684/00 being the existing Horse Riding Establishment By-law be repealed and a new Horse Riding Establishment By-law, included as Attachment #1, be enacted to reflect updated regulations and housekeeping changes. 3. Director, Corporate Services & Treasurer, Report CS 05-10 Statement of the Treasurer Respecting 2009 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Bodies COUNCIL DECISION That Report CS 05-10 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 2009 be received. 4. Director, Corporate Services & Treasurer, Report CS 10-10 Section 357/358 of the Municipal Act, Adjustment to Taxes COUNCIL DECISION 1. That Report CS 10-10 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 5. Director, Operations & Emergency Services, Report OES 04-10 Frenchman's Bay Stormwater Management Master Plan -Final Report COUNCIL DECISION 10 i Crr~ Council Meeting Minutes Monday, April 19, 2010 PLCKEFUNG 7:30 PM Council Chambers 1. That Report OES 04-10 of the Director, Operations & Emergency Services concerning the Frenchman's Bay Stormwater Management Master Plan be received; 2. That Council endorse the Frenchman's Bay Stormwater Management Master Plan (April 2009); and 3. That Staff be authorized to implement the recommendations within the Master Plan subject to budget and further Council approval for individual projects, and report back to Council on an annual basis to provide a status update on the progress of the implementation and results from monitoring activities. 8. University of Toronto Grant Re: Frenchman's Bay Study COUNCIL DECISION 1. That the City of Pickering support in principle the undertakings of the University of Toronto and the proposed study; and 2. That the Chief Administrative Officer investigate the proposed study further and grant permission of the study should he feel it in the best interests of the City of Pickering and report back to Council on April 19th, 2010. Resolution #72/10 Moved by Councillor Dickerson Seconded by Councillor Pickles That the Report of the Executive Committee EC 2010-03, dated April 12, 2010, save and except Item Nos. 6 and 7 be adopted. CARRIED 6. Director, Operations & Emergency Services Report OES 08-10 No Parking By-law, Sheppard Avenue Amendment to By=law 6604/05 A question and answered period ensued. i 11 Cdq Council Meeting Minutes AA~ Monday, April 19, 2010 7:30 PM 1 2 Council Chambers Resolution #73/10 Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Report OES 08-10 of the Director, Operations & Emergency Services regarding a proposed amendment to the municipal traffic by-law 6604/05 be received; and 2. That the attached draft by-law be enacted to amend Schedule "2" to By-law 6604/05 to provide for the regulation of parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering and on private and municipal property. CARRIED Councillor Johnson was absent for the vote on Report OES 08-10. 7. Director, Planning & Development, Report PD 10-10 Pickering Nuclear Generating Station A Power Reactor Operating Licence Renewal -City of Pickering Comments for CNSC May 21, 2010 Day Two Hearing Discussion ensued and questions were raised with respect to the lack of communication from Ontario Power Generation, the level of commitment for the City of Pickering, and the impact the decommissioning will have on the residents of Pickering as well as Ontario Power Generation employees. Resolution #74/10 Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Report PD 10-10 of the Directors, Planning & Development and Office of Sustainability, concerning Pickering Nuclear Generating Station A Power Reactor Operating Licence Renewal be received; 2. That Council inform the Canadian Nuclear Safety Commission that it supports the recommendation to renew the five year power reactor operating licence for Pickering Nuclear Generation Station A, provided that Ontario Power Generation: a) continues its regular effort at keeping the City informed of business at its Pickering sites through the Pickering Nuclear Generating Station Community Advisory Council and presentations to City Council; and 12 Cart Council Meeting Minutes Monday, April 19, 2010 7:30 PM Council Chambers 13 b) initiate formal discussions with the City at the appropriate time during the next licensing period regarding the impact on the City of the safe shutdown and decommissioning of the Pickering Nuclear Generation Station; and 3. Further, that Report PD 10-10, and Council's resolution be forwarded to the Canadian Nuclear Safety Commission, Ontario Power Generation, and the Canadian Association of Nuclear Host Communities. CARRIED LATER IN THE MEETING [See Following Motions] Resolution #75/10 Moved by Councillor O'Connell Seconded by Councillor Pickles That Item 2 b) of the main motion be amended to read as follows: b) initiate formal discussions with the City regarding the impact on the City of the safe shutdown and decommissioning of the Pickering Nuclear Generation Station; and CARRIED Resolution #76/10 Moved by Councillor O'Connell Seconded by Councillor McLean That Report PD 10-10 be tabled until such time as representatives from Ontario Power Generation are available to answer questions. MOTION DEFEATED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor O'Connell Councillor Dickerson Councillor Johnson Councillor Littley Councillor McLean Councillor Pickles Mayor Ryan 13 C,,W,¢ Council Meeting Minutes a Monday, April 19, 2010 7:30 PM 1 4 Council Chambers The main motion, as amended, was then CARRIED UNANIMOUSLY. (VII) MOTIONS & NOTICES OF MOTION a) ENDORSEMENT OF PRIVATE MEMBERS' BILL 18 (LOCAL DEMOCRACY AND ACCOUNTABILITY Resolution # 77/10 Moved, by Councillor O'Connell Seconded by Councillor Dickerson WHEREAS MPP David Caplan has recently introduced Private Members' Bill 18 to amend the Municipal Act to ensure municipal governments are more democratic and accountable in regards to the position of the Regional Chair; and WHEREAS the Council of the City of Pickering recently. passed three separate resolutions in support of the direct election of the Durham Regional Chair; and WHEREAS the Region of Durham Council recently passed a resolution to put a referendum question -on the 2010 municipal election ballot asking Durham Region residents if they support the direct election of the Durham Regional Chair; and WHEREAS democracy as defined by Webster's is; government by the people; a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections. NOW THEREFORE The Council for the City of Pickering resolves the support and endorsement of Private Members' Bill 18 (Local Democracy and Accountability) introduced on March 29, 2010 by MPP David Caplan. And that a copy of this resolution be sent for endorsement to Durham Regional Council and all municipal Councils within Durham Region. CARRIED (VIII) BY-LAWS 7037/10 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property. 14 Ctq o¢~~ Council Meeting Minutes Monday, April 19, 2010 PICXERING 7:30 PM Council Chambers 15 7038/10 Being a By-law to amend By-law 6604/05 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the. City of Pickering and on private and municipal property. 7039/10 Being a by-law to dedicate those parts of Lot 4, Plan 282, Pickering, being Parts 53, 55, 56, 63 and 66, Plan 40R-25121 as public highway (Rockwood Drive). 7040/10 A by-law to licence horse riding establishments. 7041/10 Being a by-law to change the name of Deerhaven Lane, Plan 40M-1875 to Summerpark Crescent in the City of Pickering. THIRD READING: Councillor Johnson, seconded by Councillor McLean moved that By-law Numbers 7037/10 to 7041/10, be adopted, and the said by-laws be now read a third time and passed and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED (IX) OTHER BUSINESS 1) Councillor McLean gave notice of his intention to bring forward a Notice of Motion regarding changes to the Parole & Privacy Laws and Canada's Privacy Act at the next scheduled meeting of Council 2) Councillor Littley gave notice of her intention to bring forward a Notice of Motion with respect to the Municipal Building Standards & Federal Greenbelt Lands. Resolution #78/10 Moved by Councillor Littley Seconded by Councillor Pickles That the rules of procedure be suspended in order to introduce a motion to repeal By-law No. 7019/10. CARRIED ON A 2/3 MAJORITY VOTE Resolution #79/10 Moved by Councillor Littley Seconded by Councillor Johnson 15 Ciro Council Meeting Minutes Monday, April 19, 2010 PKICERNG 7:30 PM 1 6 Council Chambers That By-law No. 7019/10, being a by-law to submit a question to the electors at the next regular municipal election with respect to opposing the construction and operation of an airport in the City of Pickering be repealed due to public and Council concerns regarding the clarity of the question. CARRIED 3. The Chief Administrative Officer was instructed to action the following; a) Councillor McLean requested a follow up with respect to a report coming forward regarding the scattering of ashes in Duffins Creek. Councillor McLean also questioned whether information had been obtained yet with respect to his request for fundraising policies in other municipalities. b) Councillor Dickerson requested information on outstanding issues regarding the Frenchman's Bay Festival event. 4) Mayor Ryan provided an update with respect to his meeting with the railways and noted that they were moving forward with all issues including providing first responders mock drills for derailment situations, graffiti problems and rail safety. (X) CONFIDENTIAL MATTERS In accordance with Procedural By-law 6746/07 and the provisions of. the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. Resolution #80/10 Moved by Councillor McLean Seconded by Councillor O'Connell That Council go In Camera in accordance with the provisions of the Municipal Act for the purpose of dealing with matters relating to the receiving of advice that is subject to solicitor- client privilege, including communications necessary for that purpose; a proposed or pending acquisition or disposition of land by the municipality or local board and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. CARRIED 1. Chief Administrative Officer, Confidential Report CAO 06-10 Transfer of City-Owned Lands to 1002 & 1004 Rambleberry Avenue 16 Cif Council Meeting Minutes Monday, April 19, 2010 7:30 PM Council Chambers 17 -Lands Previously Acquired for Neighbourhood Walkway Connection Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Moved by Councillor McLean Seconded by Councillor O'Connell That the recommendations as contained in Confidential Report CAO 06-10 be adopted. CARRIED IN AN OPEN SESSION OF COUNCIL 2. Chief Administrative Officer, Confidential Report CAO 09-10 Closing and Disposition of Remnant Portions of Sheppard Avenue -Lands Previously Acquired for Road Widening -Part of Lots 27 &28, Range 3, B.F.C -Part of Lots 25 & 50, RCP 820 -Part of Block 5, RP 353 -Subject Lands identified as Parts 1 to 11, Plan 40R-XXXXX Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Moved by Councillor Dickerson Seconded by Councillor Pickles That the recommendations as contained in Confidential Report CAO 09-10 be adopted. CARRIED IN AN OPEN SESSION OF COUNCIL 3. Chief Administrative Officer, Confidential Report CAO 10-10 Transfer of City-Owned Lands - Cougs (Valleyfarm) Ltd. c/o Brentmuir Developments - Lands Previously Acquired for Public Road Connection (Lennox Lane) - Blocks 39 to 41, RP 40M-2089 and Lennox Lane Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Moved by Councillor Dickerson Seconded by Councillor McLean 17 'I Council Meeting Minutes Monday, April 19, 2010 7:30 PM 8 Council Chambers That the recommendations as contained in Confidential Report CAO 10-10 be adopted. CARRIED IN AN OPEN SESSION OF COUNCIL 4. Confidential Memo from the City Solicitor - OMB Appeal of P/CA 59/09 - 1703 - 1707 Central Street (Lot 1 & 2, Plan 12, Pickering Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Moved by Councillor Johnson Seconded by Councillor Pickles That the recommendations as contained in Confidential Memo from the City Solicitor be adopted. CARRIED IN AN OPEN SESSION OF COUNCIL (XI) CONFIRMATION BY-LAW By-law Number #7042/10 Councillor Johnson, seconded by Councillor McLean, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of April 19, 2010. CARRIED (XII) ADJOURNMENT Moved by Councillor Johnson Seconded by Councillor McLean That the meeting be adjourned at 10:10 pm. CARRIED 18 Council Meeting Minutes _ Monday, April 19, 2010 PTCKERING 7:30 PM Council Chambers 19 DATED this 19th day of April, 2010 MAYOR DAVID RYAN DEBBIE SHIELDS CITY CLERK 19 Planning & Development Committee Meeting Minutes PICKEMG Monday, May 3, 2010 7:30 pm - Council Chambers 20 Chair: Councillor Johnson PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson R. Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T. Quinn - Chief Administrative Officer N. Carroll - Director, Planning & Development T. Prevedel - Division Head, Operations & Facilities C. Rose - Manager, Policy R. Pym - (Acting) Manager, Development Review M. Yeung - Planner I L. Harker - Coordinator, Records & Elections (1) DISCLOSURE OF INTEREST No disclosures of interest were noted. (I1) PART `A' INFORMATION REPORTS 1. Zoning By-law Amendment Application A 04/10 Loblaw Properties Limited 1792 Liverpool Road (Part Lot 23, Concession 1 South) City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Ross Pym, (Acting) Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. He also noted that if a person or public body does not make oral or written .submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be 1 C,cq Planning & Development Committee Meeting Minutes Monday, May 3, 2010 7:30 pm - Council Chambers Chair: Councillor Johnson 21 entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Mila Yeung, Planner I, gave an overview of zoning amendment application A 04/10. Michelle Doornbosch, a representative for the applicant of the property appeared in support of the application. Ms. Doornbosch provided an overview of the purpose of the zoning application and noted that the rezoning will allow opportunities to use existing space and that the changes are strictly internal. A question and answer period ensued. No members of the public spoke in support or opposition of the application. (III) PART `B' - PLANNING & DEVELOPMENT REPORTS 1. Director, Planning & Development, Report PD 09-10 Licence Agreement Extension - Ontario Parcel Agreement - Supply of Digital Mapping RECOMMENDATION Moved by Councillor O'Connell Seconded by Councillor Dickerson 1. That Council approve entering into an extension of the agreement with the Region of Durham for the supply of digital parcel mapping of Pickering for a five year period at a total cost of $29,245.00 (plus applicable taxes) with an annual payment of $5,849.00 (plus applicable taxes) to be funded from the current budget of the Planning & Development Department; . 2. The Mayor and the Clerk be authorized to execute any subsequent renewals or extensions of this agreement on substantially similar terms and conditions acceptable to the Director, Planning & Development; and 3. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. CARRIED 2 Cttq eq Planning & Development Committee Meeting Minutes PICKEWNG Monday, May 3, 2010 7:30 pm - Council Chambers 22 Chair: Councillor Johnson 2. Director, Planning & Development, Report PD 11-10 Growth Strategy Program (Part of the Pickering Official Pan Review) and the Province's Draft Decision on Region of Durham's OPA 128 Discussion ensued with respect to the Growth Strategy Program and the Province's Draft Decision on Region of Durham's OPA 128. RECOMMENDATION Moved by Councillor O'Connell Seconded by Councillor Dickerson 1. That Report PD 11-10 of the Director, Planning & Development respecting the Pickering Growth Strategy Program and the Province's Draft Decision on the Region of Durham's OPA 128, be received for information; and 2. Further, that Report PD 11-10 be forwarded to Ministries of.Municipal Affairs, Housing and Energyand Infrastructure and the Region of Durham. CARRIED 3. Director, Planning & Development, Report PD 12-10 West Rouge Canoe Club Request for Extension of Lease Agreement with Toronto and Region Conservation Authority for Paddling Facility on West Spit of Frenchman's Bay RECOMMENDATION Moved by Councillor O'Connell Seconded by Councillor Dickerson 1. That the request of the West Rouge Canoe Club to extend its lease agreement with the Toronto and Region Conservation Authority for three years on an annual basis commencing with the period November 1, 2009; to October 31, 2010, and expiring October 31, 2012, to accommodate a temporary compound on the west spit of Frenchman's Bay for the storage, within trailers, of canoes and kayaks associated with the club's paddling facility, be supported by Council; and 2. Further, that the City Clerk forward a copy of Report PD 12-10 to the Toronto and Region Conservation Authority. CARRIED 3 Cago0 Planning & Development Committee Meeting Minutes PICKE Monday, May 3, 2010 7:30 pm - Council Chambers 23 Chair: Councillor Johnson (IV) OTHER BUSINESS 1. Councillor Pickles advised Council that he met with MPP Joe Dickson, Regional staff and residents regarding the proposed Westney Road bypass and 407. The Region will be taking residents concerns back to staff for their review. 2. Councillor Johnson requested clarification on the number of units sold at the Mattamy Sales Pavilion this past weekend and the tentative dates for occupancy permits. Neil Carroll, Director, Planning & Development advised Council that building permits may be applied for by December 2010 and that it is possible that the earliest occupancy be in summer 2011, but that these dates are all contingent upon getting servicing approval from the Region of Durham. (V) ADJOURNMENT The meeting adjourned at 8:20 pm. 4 f city c~ Executive Committee Meeting Minutes Monday, May 10, 2010 7:35 pm - Council Chambers 24 Chair: Councillor Dickerson PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson R. Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T. Quinn - Chief Administrative Officer E. Buntsma - Director, Operations & Emergency Services G. Paterson - Director, Corporate Services & Treasurer T. Prevedel - Division Head, Operations & Facilities D. Shields - City Clerk A. Allison - City Solicitor G. Ferguson - Deputy Fire Chief, Training & Fire Prevention B. Holmes - Fire Inspector K. Thompson - Manager, Municipal Law Enforcement Services L. Roberts - Committee Coordinator (1) DISCLOSURE OF INTEREST No disclosures of interest were noted. (II) CONFIDENTIAL MATTERS In Camera Meetinq of the Executive Committee In accordance with Procedural By-law 6746/07 and the provisions of the Municipal Act, an In Camera meeting of the Executive Committee was held prior to the regularly scheduled meeting. Moved by Councillor O'Connell Seconded by Councillor McLean 1 , Ctq Executive Committee PICKERING Meeting Minutes Monday, May 10, 2010 7:35 pm - Council Chambers Chair: Councillor Dickerson 25 An In Camera meeting of the Council has been scheduled in accordance with the provisions of the Municipal Act and Procedural By-law 6746/07, in that the matters to be discussed relate to labour relations or employee negotiations. CARRIED 1. Verbal Update from the Chief Administrative Officer With respect to Personnel Matters (Fire Negotiations) Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes] Moved by Councillor McLean Seconded by Councillor O'Connell That Council rise into open session of the Executive Committee. CARRIED (III) MATTERS FOR CONSIDERATION 1. Chief Administrative Officer's Report, CAO 05-10 Proposed Nuisance By-law A discussion period ensued. Council posed various questions and requested clarification which was provided by the Manager, Municipal Law Enforcement Services. RECOMMENDATION Moved by Councillor Littley Seconded by Mayor Ryan That the draft Nuisance By-law, included as Attachment 1, providing restrictions regarding littering, public urination, spitting, and fixture vandalism within the City of Pickering, be enacted. i REFERRED LATER IN THE MEETING [See following motion] 2 citqo~ Executive Committee Meeting Minutes Monday, May 10, 2010 7:35 pm - Council Chambers 26 Chair: Councillor Dickerson Moved by Councillor O'Connell Seconded by Councillor McLean That Report CAO 05-10 of the Chief Administrative Officer be referred back to staff for further clarification and to report back at the June 14th, 2010 meeting. . CARRIED 2. Chief Administrative Officer's Report, CAO 08-10 2010 Toys for Tickets/Food for Fines Promotion RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor Johnson That the Toys for Tickets/Food for Fines Promotion be implemented for December.16 and 17, 2010. CARRIED 3. Director, Operations & Emergency Services, Report OES 12-10 New Carbon Monoxide Detector By-law Discussion ensued with respect to the costs of carbon monoxide detectors and potential rebates to help offset these costs. RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Report OES 12-10 of the Director, Operations & Emergency Services regarding "Carbon Monoxide Detector By-law" being a by-law to require the installation of carbon monoxide detectors in residential occupancies be received; and 2. That the attached draft "Carbon Monoxide Detector By-law", requiring the installation of carbon monoxide detectors in residential occupancies be enacted. CARRIED 3 Ctq °0 Executive Committee PTOCEMG Meeting Minutes Monday, May 10, 2010 7:35 pm - Council Chambers Chair: Councillor Dickerson 27 4. Director, Corporate Services & Treasurer, Report CS 08-10 LAS Energy Procurement Program RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Report CS 08-10 of the Director, Corporate Services & Treasurer be received; 2. That the Commodity Hedge Pricing Policy attached to this report be approved; 3. That the Director, Corporate Services & Treasurer be authorized to execute Agency Appointment Agreements with Local Authority Services (LAS) and any other related documents to provide for the hedging of energy prices; 4. That Council authorizes Local Authority Services, through its appointed agent, to have access to electricity consumption data from the local electrical utility on an as needed basis, in order to compile load profile information for the procurement program; and, 5. That the appropriate officials of the City of Pickering be authorized to give effect thereto. CARRIED 5. Director, Corporate Services & Treasurer, Report CS 11-10 Cash Position Report as at December 31,'2009 RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor Johnson It is recommended that report CS 11-10 from the Director, Corporate Services & Treasurer regarding cash position as at December 31, 2009 be received for information. CARRIED 4 Executive Committee Meeting Minutes Monday, May 10, 2010 7:35 pm - Council Chambers 28 Chair: Councillor Dickerson 6. Director, Corporate Services & Treasurer, Report CS 12-10 Request by SR&R Bay Ridges Ltd, to Defer Payment of Development Charges Withdrawn therefore not presented. 7. Director, Corporate Services & Treasurer, Report CS 14-10 Development Charges Reserve Fund - Statement of the Treasurer for 2009 RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor O'Connell That Report CS 14-10 of the Director, Corporate Services & Treasurer respecting the Development Charges Reserve Fund be received for information. CARRIED 8. Director, Corporate Services & Treasurer, Report CS 15-10 2010 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor O'Connell 1. That Report CS 15-10 of the Director, Corporate Services & Treasurer be received; 2. That the 2010 tax rates for the City of Pickering be approved as contained in Schedule A of the By-law attached hereto; 3. That the tax levy due dates for the Final Billing be June 28, 2010 and September 28, 2010 excluding the industrial, multi-residential and commercial realty tax classes; 4. That the City of Pickering continue its policy of providing property tax relief to the Royal Canadian Legion Branch 483 (Claremont), for the City's share of property taxes for the taxation years 2010 to 2020; 5 Executive Committee Meeting Minutes Monday, May 10, 2010 7:35 pm - Council Chambers Chair: Councillor Dickerson 2 9 5. That the attached By-laws providing for the imposition of the tax rates approved under Recommendation 1 and 4 above, be read three times and approved; 6. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; 7. That the Director, Corporate Services & Treasurer be authorized to make any changes to the final tax rates to comply with Provincial regulations; and, 8. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. CARRIED 9. Director, Corporate Services & Treasurer, Report CS 16-10 2009 Building Permit Stabilization Reserve Fund RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor O'Connell That Report CS 16-10 from the Director, Corporate Services & Treasurer regarding the 2009 Building Permit Stabilization Reserve Fund be received for information. CARRIED 10. Director, Corporate Services & Treasurer, Report CS 17-10 Investment Portfolio Activity for the Year Ended December 31, 2009 RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor O'Connell That Report CS 17-10 of the Director, Corporate Services & Treasurer regarding Investment Portfolio Activity for the Year Ended December 31, 2009 be received for information. CARRIED 6 Ciw04 Executive Committee 1 Meeting Minutes Monday, May 10, 2010 7:35 pm - Council Chambers 30 Chair: Councillor Dickerson 11. Director, Corporate Services & Treasurer, Report CS 18-10 Formal Quotations - Quarterly Report for Information RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor O'Connell That Report CS 18-10 of the Director, Corporate Services & Treasurer regarding Formal Quotations - Quarterly Report for Information be received for information. CARRIED 12. Director, Corporate Services & Treasurer, Report CS 19-10 Section 357/358 of the Municipal Act - Adjustment to Taxes RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor O'Connell 1. That Report CS 19-10 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. CARRIED 13. Chief Administrative Officer's Report, CAO 11-10 Proposed Firearms By-law Greg Farrant, Manager, Government Relations & Communications, Ontario Federation of Anglers and Hunters appeared before the Committee with respect to the proposed firearms by-law. He noted the Federation's commitment to public safety through the implementation of mandatory hunter safety education programs and stated that the assumption of hunting being a threat to public safety is not factual. He noted the rate of hunting related accidents has been reduced to virtually zero. He also indicated Provincial and Federal laws currently exist with respect to 7 Ctq o0 Executive Committee Meeting Minutes PI Monday, May 10, 2010 7:35 pm - Council Chambers Chair: Councillor Dickerson 31 the safe use of firearms. He stated that restrictions which drastically impact hunting would in fact impact the ability to manage the wildlife population. By implementing restrictive by-laws, the municipality may inadvertently create a larger public safety hazard in which wildlife populations would increase, possibly creating increased deer/vehicle collisions and also the farming community with increased loss of livestock due to nuisance wildlife. A question and answer period ensued. Peter Rodrigues, a resident of Whitevale, appeared before the Committee indicating that he was not opposed to hunting, but that he had some concerns with the proposed firearms by-law. He noted .that enforcement may be an issue as it would be difficult to determine who was who. He also noted the safety issues as the population of Pickering has greatly increased over the years. He informed the Committee that he felt there needed to be more time for public comment. A question and answer period ensued. Peter Dickson, President, Pickering Rod and Gun Club, appeared before the Committee noting that the proposed by-law satisfies most issues, but not all. He noted his concerns and indicated a number of amendments he would like to see incorporated into the proposed by-law as well as a better digitized map to alleviate confusion. He suggested possibly 3 or 4 maps indicating lots and concessions. Mr. Dickson noted he would be available to assist with the amendments and provided the Manager, Municipal Law Enforcement Services with a copy of his delegation. A question and answer period ensued. Jay Downey, Conservation Officer with the Ministry of Natural Resources appeared before the Committee. He noted the negative impact the proposed by-law would have on the performance of duties for the Ministry by inhibiting their ability to manage wildlife, which has increased dramatically in recent years, as well as deer/vehicle collisions. He noted legislation is already in place to address the issues of trespassing and indicated that landowners can post signs on their property or contact MNR or police services, noting that the majority of hunters respect the boundaries. He noted a list of concerns that the Ministry has relating to restricted areas such as boundaries and retaining archery only areas. He stressed the fact that the use of archery firearms emit no noise and can safely occur near urban areas. He noted there is no need for having written permission as regulations are already in place to have permission to hunt on private property. He indicated he had no knowledge of other municipalities which have this provision. He also noted the Ministry does not enforce municipal by=laws. He indicated that a representative from the Ministry of 8 Executive Committee PTC-IREFING Meeting Minutes Monday, May 10, 2010 7:35 pm - Council Chambers 32 Chair: Councillor Dickerson Natural Resources would be available to be involved in any future discussions relating to the proposed firearms by-law. A question and answer period ensued. Anthony Balka, a resident of Ajax, appeared before the Committee, representing a number of Pickering area hunters. He noted he does support the Ministry of Natural Resources and the Pickering Anglers and Hunter's position on the proposed firearms by-law. Through a comparison of the existing by-law with the draft by-law, he noted areas of concern with respect.to additional restrictions being placed on hunters as a result of passing this proposed by-law. He discussed the various pros and cons of bow hunting as well as shotguns and rifles, outlining his suggestions for revisions to the by-law, noting that his primary suggestion would be to leave the existing by-law as it is. He noted a change in the by-law would only affect the legal hunter. He also indicated his concerns with wildlife management, noting the growing deer population as well as the problems with coyotes in Pickering. He felt that the by-law should not be changed based on hypothetical risks without having supporting evidence and if the by-law is to be amended; it should only be minimal changes. He questioned why this item was even up for discussion, as the evidence does not support changes to the existing by-law. He noted there should be fair discussions based on evidence. A question and answer period ensued. Cat Beattie, a Pickering resident, appeared before the Committee in support of a more restrictive by-law. She noted that the by-law in place now was adopted in 1975 and felt that the increase in population from that time until now was a good reason to take a look at a new by-law. She questioned the statistics relating to deer/vehicle collisions and questioned how many accidents went unreported. She stated that if we didn't put better restrictions on discharging firearms we would have no wildlife left to enjoy. Ms. Beattie also stated that she felt the boundaries should be even more restrictive. Andy McKinnon, a Pickering resident appeared before the Committee indicating he is in support of the more restrictive by-law but also noted he is not opposed to hunting. He noted that the Seaton lands should be prohibited not restricted. He noted that he realizes that its poachers and unregistered hunters that are doing the real damage to hunting, not the legal hunters. Common sense should prevail. RECOMMENDATION Moved by Councillor Johnson Seconded by Councillor Pickles 9 Ctq °0 Executive Committee Meeting Minutes Monday, May 10, 2010 7:35 pm - Council Chambers Chair: Councillor Dickerson 33 That the proposed Firearms By-law (Attachment No. .1 to this Report) be adopted. DEFFERED LATER IN THE MEETING [See Following Motion] Moved by Councillor Johnson Seconded by Councillor Pickles That the proposed Firearms By-law be deferred until the new term of Council. CARRIED (IV) OTHER BUSINESS 1) Councillor Dickerson gave notice that he would be bringing forward a Notice of Motion regarding sustainability measures surrounding undergrounding of overhead wires at the next meeting of Council. (V) ADJOURNMENT The meeting adjourned at 10:25 pm. 10 City o~ JI AL ALA& 34 PICKERING M 17 May , 2010 PRESENTATIONS 1. Presentation of Certificate Gordon Zimmerman Lieutenant Governor's Ontario Heritage Award 35 PICKERING May 17, 2010 DELEGATIONS 1. Shirley Van Steen, Chair Pickering Public Library Re: One Book One Community Program Cctq 00 36 PICKERING MAY 7, Zoe o CORRESPONDENCE Pages 1. CORR. 34-10 Motion for Direction KIM COATES, CLERK 38-47 TOWNSHIP OF SCUGOG 181 Perry St., Box 780 Port Perry, ON L9L 1A7 Letter received from Kim Coates, Clerk, Township of Scugog, seeking direction with respect to a resolution passed at their April 12, 2010 meeting of Council, regarding the direct election of the Regional Chair - Question for Election Ballot. 2. CORR. 35-10 Motion for Direction KIM COATES, CLERK 48-49 TOWNSHIP OF SCUGOG 181 Perry St., Box 780 Port Perry, ON L9L 1A7 Letter received from Kim Coates, Clerk, Township of Scugog, seeking support of a resolution which was passed at a meeting of Council held on March 29, 2010 regarding the feasibility of changing the Municipal Council term back to three years. 3. CORR. 36-10 Motion for Direction BRIAN MCMULLAN, MAYOR 50 CITY OF ST. CATHARINES 50 Church St., Box 3012 St. Catharines, ON L2R 7C2 Letter received from Brian McMullan, Mayor, City of St. Catharines seeking Council support for the Private Members Bill introduced by Welland MP Malcolm Allen asking that the Royal Canadian Legion be exempt from the 5% GST on the purchase of red lapel poppies. 4. CORR. 37-10 Motion for Direction SANDRA KRANC, CITY CLERK 51-52 CITY OF OSHAWA 50 Centre Street South Oshawa, ON L1 H 3Z7 Letter received from Sandra Kranc, City Clerk, seeking Council consideration with respect to the impact on property values of green initiative renovations by homeowners. 37 5. CORR. 38-10 Motion to Endorse GILLIS A. PATERSON 53-58 DIRECTOR, CORPORATE SERVICES & TREASURER CITY OF PICKERING Copy of a memo to Mayor Ryan and Members of Council from Gillis Paterson, Director, Corporate Services & Treasurer, seeking Council endorsement with respect to the AMO position paper on Joint and Several Liability Reform in Ontario by forwarding support for this reform through a resolution of Council. 6. CORR. 39-10 Motion to Declare a) PRIDE DURHAM 59-64 b) SPINA BIFIDA & HYDROCEPHALUS ASSOCIATION OF ONTARIO c) JUNE AS RECREATION AND PARKS MONTH (JRPM) d) CNIB e) ONTARIO FEDERATION OF ANGLERS AND HUNTERS Requests have been received from the above organizations for the City of Pickering to make the following proclamations: June 6 - 13, 2010 - Pride Week June, 2010 - Spina Bifida and Hydrocephalus Awareness Month June, 2010 - Recreation and Parks Month May 27, 2010 - CNIB Day July 3 - 11, 2010 - Licence-Free Fishing Week TOWNSHIP OF 38 ® 9 CJv .9Lf--►Q fit?` April 14, 2010 h T 0: x Ms. Debi Shields City Clerk i City of Pickering` 1 The Esplanade- -°-f Pickering ON L1 V 6K7 7 lib 4 COR TAKE PUPP;~. Re: Direct Election of the Regional Chair RESOLUTION NO: 10-103 111r,+`0 V` T 5~reJ, v Dear Ms. Shields: Please be advised that at the Council meeting held on April 12, 2010, the Council of the Township of Scugog adopted the following resolution: "THAT a copy of Correspondence #246-10, the legal opinion provided by Loopstra Nixon regarding the Direct General Election of Regional Chair - Question for Election Ballot be forwarded to the Region of Durham as Scugog's comments regarding the intention to pass a By-Law to submit a question to the. electors and to local municipalities within Durham requesting their -support and to the Minister of Municipal Affairs for Information." As directed, please find enclosed a copy of Correspondence #246-10 and an excerpt of the minutes for your consideration. Your attention to this request would be greatly appreciated. Yours ruly, ~ry\ Kim oates, A. M. C.T. Clerk Encl. Township of Scugog, 181 Perry St., PO Box 780, Port Perry, ON L9L 1A7 Telephone: 905-985-7346 Fax: 905-985-9914 www.scugog.ca Council Nleclinq ft6 April 12, 2010 39 6. REPORTS i. Regional Report - Verbal Regional Municipality of Durham Council Highlights: • March 10, 2010 - Volume 8, Issue 3 Mayor Pearce provided an outline of Regional events including; the Waste Management 2009 Annual Services. Report, a Comparison of LEED designations, changes to Committee Schedules (which may impact local committee meetings), Direct Election of Regional Chair and the passing of the new Official Plan. The Mayor recommended that Council consider forwarding a copy of the legal opinion obtained from Loopstra Nixon to the Region as part of the Township of Scugog's comments on the Direct Election of the Regional Chair. RESOLUTION NO: 10-102 Moved by: Councillor Drew Seconded by: Councillor McMillen THAT the Regional Report be Received for Information. Carried RESOLUTION NO: 10-103 Moved by: Councillor Lamrock, Seconded by: Councillor Smith THAT a copy of Correspondence 246-10, the legal opinion provided by Loopstra Nixon regarding the Direct General Election of Regional Chair - Question for Election Ballot be forwarded to the Region of Durham as Scugog's comments regarding the intention to pass a By- Law to submit a question to the electors and to local municipalities within Durham requesting their support and to the Minister of Municipal Affairs, for Information. Carried RESOLUTION NO: 10-104 Moved by: Councillor Hodgson Seconded by: Councillor Drew THAT Staff be directed to forward a letter to the Minister of Municipal Affairs advising of concerns with the inconsistency in rules for election to Regional Council in regional municipalities. Carried 85 4 0 LO Corr# 246- 10 tluinto M. Annibate' ltluinto Annibale Professional Corporation 1 Direct Line: 116-7484757 E-mail gannibale(iiloonix.coin April 9, 2010 By E-Mail Mayor Pearce and I Icmbcrs of Council The Corporation of the Fownship of Sctigog 131 Perry St. Port Perry, Ontario 1,91, I A'7 Attention: Mayor Pearce and 'Members of Council Dear Mayor and Nlernbers of Council: RE: Direct Ceneral Election of Regional Chair Question for Election Ballot You have asked for our opinion with respect to the legality and effect of a question which the Region of Durham (the "Region") is considering placing on the next municipal election ballot with respect to the direct election of the Region's head of council. 'T'ile advice and opinion contained herein is based on our understanding of the relevant facts as set out below. This opinion is based on the common law and the laws of the Province of Ontario as of the date of this letter. Facts: The Region currently has a head of council that is appointed by the other. members of council. On March 10, 2010, Regional Council passed a resolution that Regional Council consider passing a by-law to submit the following question to electors in all lower-tier rlunicipalities in the Region on the regular election ballot for October 25, 2010: y' 4 1 I Are yon in favour of the C'olincil of the Regional ;municipality of Durha►» passing the neces.sai-v resohttions and by-laws to change the method of sclectilig its C1,11air from appointment by the members of the Regional Council to election by general vote of all electors in the Region. YES N0 You have asked for our opinion with respect to the legality and effect of this question, and also what effect section 219(2) of the Municipal Act would have on this matter. Issncs: I. Is there legal authority for the I:e-iorr to include the question on the ballot'? What is the effect of including the question on the ballot'? 3. What effect does section 219(2) of the NNlunicipal Act have on the process'? Short Answers: 1. The Region has the legal authority to include a question on the ballot pursuant to t11e Municipal Elections Act. However, there are restrictions with respect to the subject matter of a question. In particular, a question cannot relate to a matter that has been prescribed as a subject of provincial interest. Prescribed matters include " any matter which the municipality does not the authority to implement all aspects of the results of the question". This has the potential to prevent the question because in order for the contemplated by-law to take effect, a certain number of lower-tier rnunicipalities are required to pass resolutions consenting to the by-lave (pursuant to the Nfunicipal Act), Of greater concern is that prescribed matters also include "any matter for which the municipality requires an action by the Province of Ontario in order to implement the results of the question". The Municipal Act states that a regional municipality sliall not pass a by-law such as the by-lave contemplated in the question until the 1.finistcr has, by regulation, authorized the regional municipality to do so (Municipal Act, section 218(5)). 2.. The result of the question is binding on the Region if at least 50% of eligible electors in the Region vote on the question and more than 50% of the votes on the question vote in favour of that result (either affirmative or negative). Due to these requirements for voter turnout, it is quite possible that the vote will not be binding. If the vote is in favour and binding, the Region would be required to initiate steps to implement the process. If the vote is not in favour anti bindiila, the Region would be prohibited iron initiating the process for a period of four years If the vote is not binding, it would be at the Region's discretion whether or clot to initiate the process to change the Bead of council to all cl xted position. 4 2 3. Section 210(2) provides for conditions under Much a by-law to filter the c0nlpo::itiou of Regional Council would not be v,ilid. i he by law would 1101 be v,ilid unless: a. ct nt,ijority ut votes on Regional Col.111CII are cast in its Itivour; . b. a riiajvrity of the councils of all louver-tier municipalities Forming part the Region have passed resolutions consenting to the by-law; c. the total number of electors in the lower tier niunicipalitics that pass such resolutions unist form a majority of all of the voters in the Region. Therefore, even it the vote is binding and requires the Region to initiate the process for riltering the composition of Council, the implementing by-law would not be valued 1.111til supported by the lower tier.►riunicipalitics as described above. Analysis: 1. Leggd authority for the question: The legal authority for the question is provided by.section 8 of the Municipal Elections Act. Section 8(1)(b) provides that the council of a municipality may pass a by-law to submit to its electors, subject to section 8.1, a question not otherwise authorized by law but within the council's jurisdiction. A "municipality" refers either to a lower-tier municipality, upper-tier municipality, or single-tier municipality. 'The ~tilunicipal Elections Act also provides for procedures that must be followed when acting under this section. When an upper-tier municipality is acting under this section, its clerk must transmit a copy of the by-law and the proposed question to the clerk who is responsible for conducting the election (s.8(4)). In this case, it is the lower-tier municipality that is responsible for conducting the election. In the case of a regular election, the lower-tier clerk is not required to submit the question to the electors unless those materials are provided by the upper-tier clerk on or before June 1 (s.8(5. 1)). If the materials are not provided on time, it does not appear to be iriandatory that the lower-tier refuse to submit the question to the electors. The lower-tier clerk is required to provide notice to the electors of the question (s.8(6)); the reasonable cost of providing this notice shall be paid by the upper-tier municipality upon receiving a certificate verifying the amount, signed by the lower-tier clerk (0(7)). A by-law to submit a question to the electors must be passed by the Region at least 180 lays before voting flay. 1 ' question cannot be amended after that date, although the question can be withdrawn entirely on or before nomination day (s.8. I([)). Nomination day for a regular election is the second Friday in September in the year of thie election (3.31), which in this case is September 10, 2010. 43 \ qucstiou must crnlpiy \001 the ti►liOMIILU rlllcs, f(AlIll III sct:ti()n 81(") ot' tile `liuticipul I':lections Act: It Shall concern a natter within dic kirisdictioll ut,tllc nriltticip.Ility; • I)cspitc rule I. it shall not concern a matter x0iich has been prescribed by the :Minister as iI matter of provincial interest; ,1 It shall be clear, concise and neutral; • It shall be capable of being answered in the affirmative or the negative and the only permitted answers to the question are "yes" and "no". hI our 0pini0u, the question concerns a Illatter within tile jill-I.sdictioll of tile municipality. Section 213(1) of the Municipal Act states that the general powers ;;ranted under sections 9, 10 and I 1 authorize an upper-tier IIILlll►ClpalitV to change the composition of council, subject to CCrtaill rubs One of these rules is that the head of council shall be elected by general vote, in accordance with the Municipal Elections Act, or shall be appointed by the members of council. The matter in question is a matter of altering the composition of Regional Council within the parameters of this rule, to charge the head of council from a position appointed by members of Regional Council, to a position elected by general vote. "File matters which have been prescribed by the Nlinister as matters of provincial interest (to which a question cannot pertain) are set out in Ontario Regulation 425/00, section 1(1). The first matter prescribed, which a. question cannot relate to, is "any matter for which the municipality does not have the authority to implement all aspects of the results in question". Due to section 219(2) of the Municipal Act (discussed below), a by-law passed with respect to changing the head of council, to an elected position appears to require a certain number of lower- tier municipalities to pass resolutions consenting to the by-law. This arguably means that tile Region does not have the authority on its own to make the change. However, the question as written refers not to the change itself, but to the passing of by-laws and resolutions required in order to change the method. In our opinion, a more significant concern is the second prescribed (natter, which is "any matter for which the municipality requires an action by the Province of Ontario in order to implement the results of the question. This is of concern due to section 213(5) of the i4funicipal Act which states that a "regional municipality shall not pass a by-law described in this section until the Nlinister has, by regulation, authorized the regional municipality to exercise the powers described in this section". This section prevents the Region from passing a by-law to change the method of selecting members of council until thC-Nfi•nister has passed a regulation authorizing such a by-law. This appears to place the question under the category of a matter requiring an action by the Province of Ontario, and therefore the question would not be validly included oil the election ballot. This also differs from the requirement that the lower-tie;r councils pass consenting resolutions, because in this case the Region cannot pass their by-law at all until tile Minister has passed the regulation. "),lunicipal restructuring" is also prescribed :is a matter of public interest. but is defined in a .v-ay which would not include the ch,urges conternplated in til.is case, in cur opinion. "Lltinicipal restructuring" means items including alulexation, t. tinalgam:ition. dissolution, Incorporation, ahd loinim, or sCp.;rr itin", tI iov,er-tier municipality from an upp.;r-tier inuniciptllity. L - - 1 ~1 4 4 With respect to bcin4 "clean-, Concise, and neutral", the clnestioll appears to satisfy the rule. There In;Iy be MI :ir`('untcnt, basal on the paras,raph above, that [he gncstioit is not clitircly clear th:It [lie Rcoio.ii does trot, "ithout the consent of' a certain number of lower-tier rlaunicipulitics, have the authority to make the change. I Iowcver, the question does rctcr olily to the IZegion passing the by-laws :uul resolutions rcquircd, not to the change ifsclf being cnaeted through the question oil the hallot. III our opinion, this is unlikely to render the clucstion invalid, but there is in argument that could be made based on this reasoning and the current wording of the question. See below for a further discussion with respect to notice requirements. In our opinion the question is capable of being answered with a "yes" or "no" response and no other responses are permitted by the question as drafted. 'I-lie Municipal Elections ;pct also provides for notice of intent to pass the by-law which submits tine question. The Region's clerk must provide at least 10 days notice of the intention to pass the by-law, to the public and the Minister. At least one public meeting must be held. Report No: 2010-A-7 (from the Regional Clerk to the Finance and Administration Committee, dated March 24, 2010) states that notice of intention to pass the by-law is to be published in all local newspapers on April 8, 2010 and. posted on the Region's website. Further notice must be given within 15 days of passing the by-law. Both sets of notice must include three aspects, required by section 8(5): f the wording of the question; a clear, concise and neutral description of the consequences of the question if it is approved and the consequences if it is rejected with the special majority Linder section 8.2, including an estimate of the costs, if any, that the municipality may incur in implementing the results of the question; a description of the right to appeal in our opinion, the second requirement should involve a description of the requirement that a certain number of lower tier municipalities pass a resolution consenting to the change. Finally, section 8(6) provides for a right of appeal. Within 20 days after the clerk gives notice of passage of the by-law, any person or entity may appeal to the Chief Electoral Officer of the Province on the grounds that the question does not comply with paragraphs 3 or 4 of subsection 2. Interestingly, this allows only for an appeal on the grounds that the question is not clear, concise and neutral, or that the question is not capable of being answered in the affirmative or negative and only in the affirmative or negative. There is no appeal right provided by this section with respect to whether the clucstion concerns a matter prescribed as a matter of provincial interest. An objection on those grounds may require a court action, rather than an appeal to the Chief Electoral Officer. 5 45 .2. 1)/ tilt" (111c.Viioll, VoIC., I he el'f"Cd of the vote on the clucstion \~ould depend on two nu►jor IaCte rs: ~0ctlrcr Chia result is binding under the Nlunicip.►l 1-dections Act, and the result of the vote. The results of (lie vote are binding only if two conditions exist. First, at least 50 percent of the eligible electors in the Region must vote on the question; second, more than 50 percent of the votes on the question arc: in favour of those results, either affirmative or negative (x.8.2(1)). The first condition Could be difficult to aehicve as turnout for municipal elections typically is lower than 50 percent of the eligible electors. The second condition •,vill alwvays be met unless there is an exactly split vote, as there are only two potential answers to the question ('`yes" or "no"). 13ithcr result is capable of being binding on the Region. In the event that an affirmative answer to the question is binding, the Region would be required to do everything in its power to implement the results of the question in a timely manner (s.8.3(1)(a)). In the event that a negative answer to the question is binding, the Region would be prohibited from doing anything within its jurisdiction to implement the matter which was the subject of the question for a period of four years following voting day (s.8.3(1)(b)). 'The Act is silent with respect to a vote that is not binding. In that case, the Region would be free to either implement the change or not, regardless of how the vote turned out. Section 8.3(2) provides some specific examples of actions which the Rcgion would be required to take between 14 and 180 days alter voting day in the event of a binding vote. If a by- law or resolution is required to implement the results (which would be the case if the answer were affirmative), the by-law must be prepared and placed before Regional Council, or if there is a condition precedent to the.passage of the by-law (e.g. a public meeting, as required in section 219 of the Municipal Act), these initial steps must be taken within the time frame. If administrative action to change a policy or practice is required to implement the results of the question, municipal staff must also be instructed to take that action. Once the by-law has been passed to implement the results of the question, the Region could not do anything to reverse or substantially change this for a period of four years, unless a subsequent binding question authorizes such action or Regional Council is of the reasonable opinion that there has been a material change in circumstances since the original question was put to the electors (x.8.3(5) - (6)). 3. Ej'j"'el of'Se~c,•tio 12 1901 ojt,%I aLrrue iprtl:let: A by-law to change the Composition Of RCOJonal Callncil, to ►nake the hear! of Council an elected position, would be passc;d pursuant to section 213(2)(b) of tllc Municipal Act which deals h if trti7ority to cl►angc the method of'sclecting nten?bers of the council. A by-la~v pursed 46 (7 u11tler that section is not valid unless the condi.tions described in section 210(2) of' the Municip;d Act ,ire satistlcd. Scrtion 1 I1)(2) states the li,Lluwiii A by-law. described in section 218 making chcutges described in clauses 213 12) (,a'), (b) and (c) or in subsection 213(3) is nut valid unless, (a) a majority of all votes on the upper-tier council are cast in its favour; (b) a majority of the councils of all lower-tier municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law; and (c) the total number of electors in the lower-tier municipalities that have passed resolutions referred to in clause (b) form a majority of all the electors in the upper-tier municipality. In the event that the response to the question is binding, as described in the previous section, Regional Council would be required to vote in favour, satisfying subsection (a). Subsection (b) requires a majority of the lower-tier councils to pass a resolution consenting to this by-law. In our opinion, even if the response to the question is binding, it is binding only upon the Region, not the lower-tier councils. A resolution would need to be passed by at least five of the eight lower-tier councils in the Region in order for the Region's by-law to take effect. In addition, those lower-tier municipalities that pass resolutions must have sufficient total number of electors to form a majority of the electors in the Region. If the five lower-tier municipalities with the lowest populations in the Region were to pass a resolution, and the remaining three did not, it is possible that the by-law would not take effect. We have not reviewed the latest electoral Figures of the lower-tier municipalities for the purposes of this opinion. Conclusion: `['he Municipal Elections Act provides for the mechanism by which. a question cvi be placed on an election ballot by the Region. (here is sorne doubt in this case whether the question itself is valid, as it appears to relate to a matter of provincial interest as set out in the regulations. The Act does not provide a clear course of action in the event that the Rcior, asks a lower-tier municipality to place a question of the ballot that should not properly be included under the Act; there is no clear authority to refuse to put the question oft the ballot. As noted above, there are appeal options with respect to a question, but only with respect to whether the question is clear, concise and neutral and whether the question is capable of beutg answered in the affirmative or the negative and that the only permitted answers to the question are "yes" or 47 PA on the (Ittestior, relating to a maticr of provincial interest appears to rapirc l court action. In our opinkm We concerns should be note(] to tlic Region. lfxou lm%c any questjons or rcq&rc addithmad *,;,Skl;trrcc, plc~lsc Contact. ilte i 11d rsined. Yours MY, LOOPSTR,1 NIXON LI,P Per:' j Quil A Annibale MW dmmww-~ SAM TOWNSHIP OF 4 8 P4. 3 S' lUU90 9 :t , ~~-I? 35rtD C?RZ~ RL.: TO: r G~ co~~~ F f April 13, 2010 r Ms. Debi Shields City Clerk City of Pickering 1 The Esplanade Pickering ON L1 V 6K7 Re: Municipal Council - Length of Term Dear Ms. Shields: At a regular meeting of the Council of the Township of Scugog held March 29, 2010, the above captioned matter was discussed. I wish to advise that the Council, through resolution, requests your support to identify the feasibility of changing the Municipal Council term back to three years. A copy of the resolution is enclosed for your information. We look forward to receiving your response. . Should you have any questions in this regard, please do not hesitate to advise. Yours ruiy, Kim C ates, AMCT Clerk Encl. Township of Scugog, 181 Perry St., PO Box 780, Port Perry, ON 1-91- 1A7 Telephone: 905-985-7346 Fax: 905-985-9914 www.scugog.ca Council Meeting #5 March 29, 2010 vi. By-Law Number 31-10 - To amend By-Law Number 124-05 to 49 regulate traffic on highways in the Township of Scugog, namely Carlan Drive. RESOLUTION NO: 10-97 Moved by: Councillor Smith Seconded by: Councillor Lamrock THAT By-Law Number 31-10 be read a First, Second and Third time and finally passed this 29th day of March, 2010 and the Mayor and Clerk are hereby directed to sign same and affix the Corporate Seal thereto. Carried vii. By-Law Number 32-10 - To authorize the execution of a revised lease agreement with the Blackstock Agricultural Society with respect to property municipally known as 3416 and 3440 Church Street, Blackstock. RESOLUTION NO: 10-98 Moved by: Councillor Smith Seconded by: Councillor McMillen THAT By-Law Number 32-10 be read a First, Second and Third time and finally passed this 29th day of March, 2010 and the Mayor and Clerk are hereby directed to sign same end affix the Corporate Seal thereto. Carried 10. NOTICE OF MOTIONS -NIL 11. OTHER MATTERS i. Provincial Budget and the Impact at the Municipal Level The Director of Finance provided a brief overview of the key points of the provincial budget that was released last week • The Director of Finance advised that the three. key messages were: that the province is "open for business", focus will be on protecting public services and the management and investment for the future via a new 10 year investment in infrastructure ii. Municipal Council - Length of Term RESOLUTION NO: 10-99 Moved by: Councillor Brock Seconded by: Councillor Lamrock. THAT this Council seek consultation and support from area municipalities within the Regional Municipality of Durham to identify the feasibility of changing the Municipal Council term back to three years. Carried 81 THE CORPORATION OF THE Bur 3012. A Church Stre St. Catharincs. Ontario. Canada 1.2Ii 7, CITY CAE ST. CATHARINES Tel: 903.688.5600 wa°w.stcaitharincs BRIAN S6 MAYOR CC3~~- 50 November 24, 2009 Prime Minister Stephen Harper Office of the Prime Minister 80 Wellington Street Ottawa, ON K1A OA2 Dear Prime Minister Harper, On behalf of St. Catharines City Council, I would like to express our support for the Private Members Bill introduced by Welland MP Malcolm Allen asking that the Royal Canadian Legion be exempt from GST on purchases of red lapel poppies. The poppy has come to represent our respect for the sacrifices made by the men and women who have served our country and sacrificed their lives to protect our freedoms. The sale of poppies every November is a critical fundraising tool for the Royal Canadian Legion who use the money collected to support veterans and their families. By charging 5 per cent GST on the purchase of poppies, a tax that can not be recouped through the donation box, the federal government is inadvertently having a negative impact on the services offered to veterans. St. Catharines City Council urges you to support veterans, their families and the Royal Canadian Legion by removing the 5 per cent GST charged on poppies. Thank you for considering this request. Best regards, 2. . Brian McMullan Mayor Cc Malcolm Allen MP Rick Dykstra MP CaRRSP. Jim Bradley MPP Co~ o Tor rcc-t c~ Peter Kormos MPP St. Catharines I'tee Garden C ly - A 64dcainhkx , and Maturing Cclifirtimlity Oshawa Cor orate Services Department Prepare To Be Amazed P City Clerk Services ED CITY ocolc KERING File C-2610 APR 1 9 11 April 12, 2010 C RK`s 04VISIR~ _ r=.~_, (1Ylo-~- o n for zpl r e c+► nn) The Honourable Dwig uncan Minister of Financ Municipal Property A ssment Corporation 7 Queen's Par rescent, 7th floor 1305 Pickerin rkway Toronto, O M7A 1Y7 Pickering, L1V 3P2 Re: Impact on Property Values of Green Initiative Renovations City Council considered the matter at a meeting held April 6, 2010 and adopted the following recommendation of the Finance and Administration Committee: "Whereas all home owners should be encouraged to renovate their homes utilizing 'Green Initiatives' for the betterment of the environment; and, Whereas Green Initiatives stimulate the economy and create jobs; and, Whereas residents should not be penalized by having their properties increase in value for being environmentally mindful; Therefore be it resolved, the Province of Ontario and Municipal Property Assessment Corporation (MPAC) be requested to investigate how property values are increased and establish a program where renovating homes utilizing 'Green Initiatives' does not increase the property assessment of the home; and, That a copy of this resolution be sent to MPAC, the Association of Municipalities of Ontario, Durham MPP's, the Region of Durham and local area municipalities." Your consideration of this important issue is appreciated. By copy of this letter, I am advising the Association of Municipalities of Ontario, Durham MPP's, the Region of Durham and local area municipalities of Council's decision. The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L1 H 3Z7 Phone 905.436.5639 1.800.667.4292 Fax 905.436.5697 www.oshawa.ca -2- If you need further assistance, please contact Chris Brown, Director, Finance Services at the address listed below, or by telephone at 905-436-5636 extension 2376. 52 " Sandra Kranc City Clerk SK/mm c. Finance Services Association of Municipalities of Ontario (AMO) Christine Elliott, MPP Whitby-Oshawa Wayne Arthurs, MPP Pickering-Scarborough East Jerry Ouellette, MPP Oshawa John O'Toole, MPP Durham Rick Johnson, MPP Haliburton-Kawartha Lakes/B.rock Joe Dickson, MPP Ajax-Pickering Pmt" Madill, Regional Clerk, Region of Durham ,-Debbie Shields, City Clerk, City of Pickering Martin de Rond, Clerk, :Town of Ajax Thom S. Gettinby, Clerk, Township of Brock Patti L. Barrie, Clerk, Municipality of Clarington Kim Coates, Clerk,' Township of Scugog Debbie Leroux, Clerk, Township of Uxbridge Debi Wilcox, Clerk, Town of Whitby i Call 0~ ICI I PICKERING- memo <:O" 3F-t-Z) To: Mayor Ryan and April 28,20,10 Members of Council From: Gillis A. Paterson Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Subject: AMO Position Paper on Joint and Several Liability Reform in Ontario File: A-2500-001 , On April 13, 2010 the Clerk sent each Member of Council, by email, the AMO Position Paper on Joint and. Several Liability Reform in Ontario. A copy of that email and the Executive Summary of the paper is attached (the entire 32 page document is available online). I This issue is very important to Ontario Municipalities as it costs millions of dollars every year either directly or through higher insurance premiums. Several attempts at this reform have been made over the years with the paper being the latest.. AMO is seeking the support of all municipalities in these efforts. Council is encouraged to endorse the AMO position paper. ORIGIN{ ^ TQ: s COPY TO: Attachment a ~ Shields, Debbie From: Shields, Debbie 54 Sent: April 13, 2010 11:03 AM To: ******Mayor-, *****Councillors; ****Directors; Quinn, Thomas J. Subject: FW: AMO Breaking News - Joint and Several Liability Paper -----Original Message----- From: communicate@amo.on.ca [mailto:communicate@amo.on.ca] Sent: April 12, 2010 11:42 AM To: Shields, Debbie Subject: AMO Breaking News - Joint and Several Liability Paper TO THE IMMEDIATE ATTENTION OF THE CLERK AND COUNCIL April 12, 2010 Joint and Several Liability Paper The Association of Municipalities of Ontario has presented its paper <http://www.amo.on.ca/AM/TemplateRedirect.cfm?Template=/CM/ContentDisplay.cfm&ContentlD=1 57455> , on joint and several liability reform to the Attorney General's office. The paper highlights how municipalities have become the targets of litigation when other defendants fail to have the means to pay high damage awards. The price communities are paying is steep - municipal insurance premiums and liability claims continue to increase dramatically. This is despite enormous improvements to safety including new standards for roads, playgrounds, pool safety, better risk management practices, and the scaling back of some services. Municipalities should not be insurers of last resort. Many other common law jurisdictions have better approaches and others are pursuing liability reform. It is time for Ontario to do the same. Letters of support and resolutions have been received from municipal councils in every corner of the province since the draft paper was released late last year. Councils wishing to add their voice to this issue should send a copy of their resolution to Matthew Wilson, Senior Policy Advisor at mwilson .amo.on.ca <mailto:mwilsonCa~amo.on.ca> or by mail to the Association's office. All municipal resolutions received will be sent to the Province. 1 55 AL Mit Association of Municipalities of Ontario The Case for Joint and ..Several Liability Reform in Ontario Presented by the AMO Municipal Liability Reform Working Group April 1, 2010 Association of 200 University Avenue, Suite 801 Toronto, ON M5H 3C6 Canada Municipalities Tel: 416-971-9856 Fax: 416-971-6191 email: amo aaamo.on.ca of Ontario website: www.amo.on.ca i The Case for Joint and Several Liability Reform in Ontario -56 . Executive Summary The joint and several provisions of the Negligence Act, indicate, "Where damages have been caused or contributed to by the fault or neglect of two or more persons and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering the loss or damage..." Also known as the 1 % rule, the joint and several provisions may oblige a defendant, which is only 1 % at fault, to pay the plaintiff's entire judgment particularly in cases where the other defendant is unable to meet a court ordered award. As "deep pocket" defendants with seemingly limitless public resources at their disposal through the power of taxation, municipalities have often become the targets of litigation when other defendants do not have the means to pay high damage awards. Joint and several liability is problematic not only because of the disproportioned burden on municipalities that are awarded by courts. It is also the immeasurable impact of propelling municipalities to settle out of court to avoid protracted and expensive litigation for amounts that may be excessive, or certainly represent a greater percentage than their degree of fault. Municipalities exist to connect people to their community and the social and recreational opportunities which advance the development of a community. In this paper, there are many examples from across the province where municipalities have scaled back on what they offer as an unfortunate side effect of this litigious era. At what cost will this continue? It is time to find a reasonable balance and follow the lead of so many other jurisdictions which have pursued joint and several liability reform. In fact various forms of proportionate liability have now been enacted by all of Ontario's competing Great Lakes states as well as 38 other states south of the border.' 1 Chartered Accountants of Ontario http://wvww.casforchan2e.ca/LE/index.aspx Page 2 5 7 The Case for Joint and Several Liability Reform in Ontario It should be explicitly noted that for all of its faults, joint and several liability does ensure that plaintiffs are not left empty handed. This paper in no way intends for aggrieved parties to be denied justice or damages through the courts, rather that the inequity of how much deep pocket defendants like municipalities are paying for both in and out of court settlements be addressed. This paper reveals that the origin of joint and several liability has never been an explicit legislated intent of common law jurisdictions. Rather the law has evolved over hundreds of years by default as the result of the combined effect of technical and often primitive concepts of tort law. Since the industrial era-, many support mechanisms have been provided by modern societies which did not exist when joint and several liability principles first originated. Today in Ontario, the following exist: accident benefit schemes for those injured in automobile accidents, universal healthcare, employers benefit plans, private disability insurance, new home and title insurance,. and workers compensation schemes for those injured on the job. While the legal environment has stayed the same, society has not, and these advances are further proof of the archaic nature of joint and several liability. Many common law jurisdictions around the world have adopted legal reforms to limit the exposure and restore balance. With other Commonwealth jurisdictions' and the vast majority of state governments in the United States having modified the rule of joint and several liability in favour of some form of proportionate liability, it is time for Ontario to 'do the same.2 Ontario municipalities call on the Government to reform joint and several liability as it exists today, with a particular regard for the impact it has on 'deep pocket' property taxpayers and their communities. Ontario municipalities ought not to be insurers of last resort, targeted deliberately in some instances because of joint and several. If this situation is allowed to continue, the scaling back on public services in order to limit liability exposure and insurance costs will only continue. 2 Report of the Standing Senate Committee on Banking, Trade and Commerce, Chairman: The Honourable Michael Kirby, Joint and Several Liability and Professional Defendants- Options Discussion Paper, October 1997 Part 3, Section C. Page 3 The Case for Joint and Several Liability Reform in Ontario 58 Regrettably it will be at the expense of local' communities, across the province. Discussion with the Attorney General through the Memorandum of Understanding process and in other forums which lead to reform can help alleviate the effects joint and several liability currently have on Ontario municipalities. Page 4 s pridenv Pride Durham Inc. Alive with Pride 2010 C/O Club 717, Unit 7- 717 Wilson Road S DURHAM Oshawa ON L1 H.6E9 Attn: Jean Guy Aaron Cleveland 905.429.9966 C Udana Muldoon 289.892.2387 Attn: Elected Board Members of all Municipalities of Durham Region; 3~-to Mayors, Councilors, Clerks, Staff and Council appointees Durham Region, Pickering, Ajax, Whitby,.Oshawa, Clarington, Brock, Uxbridge and Scugog April 19th, 2010 RE: Proclamation of PRIDE WEEK in Durham Region June 6th -June 13'h 2010 and raising the Pride Rainbow Flag for the week Pride Durham Inc, a not-for-profit organization, and the Lesbian, Gay, Bisexual, Transgendered and Queer (LGBTQ) communities of Durham Region have pulled together to build amazing. events throughout the week of June 6th - 13th, 2010 with the main Pride event on June 12 , 2010. This event is designed for the LGBTQ and allies to celebrate our communities' accomplishments, culture and forward movement in equality. With this celebration, a privileged moment is presented to set up initiatives to show your commitment to the fight against homophobia. This week calls out to the public in all communities as well as those actively involved in civil service to take part. We therefore request that all municipalities of Durham Region (all Cities, Towns and the Region) to pass a resolution proclaiming June 6' - 13' 2010 to be PRIDE Week in Durham at its next- meeting. With each passing year, more and more Canadians use this week to send their fellow citizens a message of tolerance, openness and hope. The second effort we propose consists of raising the Rainbow Flag on one and all of the municipality's flagpoles for the week of June 6th -June 13th , 2010. To save costs, staffing and otherwise; and to better enable you to participate, you could raise the flag on Friday, June 4th . and remove the flag Monday, June 14t after the week is complete. The Pride flag represents sexual minorities' victories and struggles for equity/equality; this flag is an international symbol of gay, lesbian, bisexual, transgender and transsexual (LGBT) communities. Legislators, governments and municipal administrators are also invited to this large annual gathering of community and celebration. We are looking forward to hearing from you and to attend your flag raising ceremony. Sincerely yours, PSI r o: m . Udana Muldoon Public/Media Relations Pride Durham Volunteer Committee 289.892.2387 . udanamul@hotmail.com e SB April 23, 2010 8H, 60 Spina Bifida & Hydrocephalus Mayor David Ryan Association of Ontario City of Pickering One the Esplanade Pickering, ON L1V 6K7 Dear Mayor David Ryan, HONOURARY PATRON Hon. David c. onleyy We are requesting the City of Pickering to consider proclaiming June; Lieutenant Governor of Qntario Spina Bifida and Hydrocephalus Awareness Month, in your region to help raise awareness of these life long, complex conditions. Enclosed please find a MEDICAL ADVISORY BOARD sample proclamation for your convenience. Chair James Drake, BSE, MB, Bch, The Spina Bifida and Hydrocephalus Association of Ontario (SB&H), a . . NISc, FRCSC, FACS registered charitable organization is proud of it's 37 year history of delivering Michael D. Cusimano, MD, IVIHPE, FRCS, DA.BNIS, PW FACS programs and services, that improve the quality of life of children, youth and Maureen Dennis, PhD adults with spina bifida and/or hydrocephalus through research, awareness, Sandrine de Ribaupierre, MD care and advocacy. i Ruth. Donnelly, PhD, C.psych. Miles G. Johnston, BSc, PhD We are working to inform the public through our education campaigns. Abhaya V. Kulkarni, MD, PhD, FRCSC Andrea Neufeld, MScN, R'V, APN Folic Acid It's Never Too Early, an important message for all Adrianna Ranger, MD, Fxcsc women of. child bearing age and women in high risk groups. Michael Vassilyadi, MD, CM, MSc, SB&H promotes the benefits of folic acid in reducing the incidence FRCSC, FACS, FAAP Herta Yu, RN, NIN, APN of neural tube defects, such as spina bifida, by as much as 70%. Normal Pressure Hydrocephalus (NPH) a neurological condition that affects adults 55 and older. This little known form of hydrocephalus is often misdiagnosed as Alzheimer's or Parkinson s Disease. When NPH is detected early symptoms may be partially or fully reversed. Thank you for considering this year's re hest - TO-TD: Sincerely, t - ` E f Joan Booth } 555 Richmond Street West, P.Q. Sox 103. i Suite 1006, Toronto, Ontario, M5V 381 Executive Director rf' T 416 214-1056-800-387- 1575 i 416-214-1446 r n p u 4,CT~CN Encl. r E 4\ 7- provincial@sbhao.on.ca mvw.sbhao.on.ca Cm~~ 'O +0 Charitable Registration #10799 9310 RR0001 ORIGINAL TO: 61 TO: Ne t t , 1 • April 15, 2010 Ljn , r~-_Cq PY- O&ROL7LATE TO; , _J-77 u. COUNCIL a *?V OFFICE SUSTAIN ~ Mayor Dave Ryan City of Pickerin CEV CLERK X; 9 :D Z& E M E R G LEGAL One The Esplanade Iy10+iokN +O S, - 17e.~lc~rG M ~ REC HUMAN RES Pickering, ON L1 V 6K7 CUST CARE a tti, E MGRCUST&AOM~ To Mayor Ryan and Council: - - We are excited once again for the upcoming celebration of June as Recreation and Parks Month (JRPM) for 2010. Since 2005, June has been proclaimed as Recreation and Parks Month helping children, families, organizations, and communities across Ontario and Canada celebrate the wonderful benefits that parks and recreation provide. It is with pleasure that I am providing you with copies of new materials that will help you and your community promote the benefits of recreation and parks within Ontario. Just as the provincial government has made healthy communities a priority, JRPM is re-affirmed in its commitment to highlight the opportunities and values to participating in recreation, parks, and the great outdoors within your local community. Communities that support this approach become 'Community Ambassadors' and I am pleased to provide you with information and resources to help your community become and remain involved. June is Recreation and Parks Month 2010 Insert Enclosed is the JRPM 2010 Insert which shows.,how you, as an elected official, can support this important initiative that will benefit your municipality. It displays 2009 success stories, Community Ambassadors and photos from the winners of the Photo Contest! Municipal Proclamation Template Help promote healthy communities by being one of many municipalities to proclaim June as Recreation and Parks Month! Enclosed is a template you can use. I hope you find this information of use as you strengthen your commitment to a healthy Ontario! For further information about JRPM, please fee free to contact Tia Wintre at 416.426.7270 or visit our website at www.recandparksmonth.ca Regards, ~ titer Darlene Joslin Chair, Ontario JRPM Advisory Committee c/o 1 Concorde Gate, Suite 302, Toronto, ON M3C 3N6 TEL 416.426.7270 FAX 416.426.7371 WEB www.recandparksmonth.ca EMAIL jrpm@prontario.org JRPM Delivery Partners Heart and Stroke Foundation of Ontario • Ontario Recreation Facilities Association • Ontario Parks Association Parks and Recreation Ontario From: Shari Lovelock [maiIto: Shari. Lovelock@cnib.ca] Sent: April 26, 2010 1:57 PM To: 'mayor@cityofpickering.com' Subject: CNIB Vision Health Month 62 Shades of Fun: How to Celebrate Vision Health Month in Pickering Dear Mayor Ryan, CNIB has declared the month of May Vision Health Month. Fun and informative activities will be taking place across Canada, encouraging citizens to protect their eyes and have regular exams tor, prevent eye disease. Thursday, May 27 is "Shades of Fun" day. Cities, organizations and individuals will be raising awareness and funds for CNIB in a unique and engaging way that involves wearing sunglasses to work. Collectively wearing sunglasses on this day demonstrates a commitment to eye health, as excessive exposure to sunlight. is a contributor to the development of major eye conditions such as cataracts and age-related macular degeneration. It's easy for your city to support Vision Health Month. Some ideas are: declare Thursday, May 27 CNIB Day in Pickering -joining many other Ontario cities including Oakville, Lindsey, Barrie, Brampton, Ottawa, Brockville, Quinte, Kingston, Belleville, Cornwall, Sault Ste. Marie and Timmins - encourage staff to wear sunglasses to work and donate $2 to CNIB - hold a public yoga event - join the CNIB Great Canadian Yoga Stretch - host a fundraiser such as a dinner, barbecue or picnic collaborate with CNIB to leverage. media opportunities CNIB has been a vital charity in Canada for over 90 years, providing blind and partially sighted Canadians the confidence, skills and opportunities to reach their goals. Our aging population is turning to CNIB at a record pace - over one million people contact CNIB each year - and we really need your support. 1 hope you will celebrate Vision Health Month and show Pickering's shades of fun! Sincerely, Shari Lovelock .1, coov Shari Lovelock T: - Director of Development, Central Region ~Y4T CNIB _ 1929 Bayview Ave: F Toronto ON M4G 3E8' k T: (416) 486-2500, ext. 7695 L.. a-~ IZ 1 ~.D F: (416) 480-7700-`°`.':: CNIB: Vision health. Vision hope. Visit cnib.ca. ~mo+%OA - c> 17~~~ar~~ cnib.ca/shareyourvision rr ti. 1 { 1~ T r~ N d j ~ 63 r. Make vision health your priority this May. CNIB has fun and engaging activities promoting the importance of protecting your eyes and preventing eye disease. Vision Risk Assessment May 1 - 31, 2010 t4 How healthy are your eyes? Visit your eye doctor for regular exams and take the CNIB Vision Risk Assessment to learn more about risk jr factors for eye disease at cnib.ca. A. ~ r The Great Canadian Yoga Stretch May 1 31, 2010 What is your stretch goal? Between May 1 - 31, take part in CNIB's national yoga campaign in support of Canadians who are blind or b partially sighted. Challenge yourself with your own personal stretch ` goal and join CNIB in the Great Canadian Yoga Stretch. Raise funds and get fit. Whether you are just trying yoga out or are a yogi who has been practicing for some time, the program is for everyone. Visit greatcanadianyogastretch.ca for more information. i. i t - Shades of Fun Day May 27, 2010 What is your shade of fun? Protecting your eyes from sun exposure is important. On May 27, people across the country will be wearing - their sunglasses to work or school while raising funds for CNIB. Visit shadesoffunday.ca to participate! We're Here To Help You If you or someone you care about is living with vision loss, CNIB can help. We provide the confidence, skills and opportunities for people who are blind or partially sighted to enjoy life to the fullest. Contact us today at cnib.ca or 1-800-563-2642 for more information. cnib inca vision health. vision hope. santevisuelle, une vision pour Covenir. k The Ontario Family Fishing Weekend_ _ 4D4 Steering Committee OFAH FILE: 422FFW May 7, 2010 RECEIVED CITY OF PICKERING MAY 1 0 2010 radian Natfoq~ TO: All Ontario Municipalities CLERK'S DIVISION Ao~rIshing Folax acl oo SUBJECT: Something New for 2010!! Ontario Family Fishing Week For years the Ontario Family Fishing Weekend Committee has been asking the Province CSIA of Ontario to increase this popular event a full week to run in conjunction with National Fishing Week. Well it's finally happened, and in partnership with many nongovernment organizations, such as the Ontario Federation of Anglers and Hunters, the summer weekend has now become a nine-day event to run from Saturday, July 3 through Sunday, July 11, 2010, as a licence-free fishing week. This special week now includes two weekends, and a full week of fish festivals, clinics, or conservation and educational activities that may be held in your area. Would you please help us publicize the 2010 Ontario Family Fishing Week in any calendar of summer events you may participate in or publish? In addition, please consider ti'-'Ontario "declaring" these dates as Ontario Family Fishing Week. Please be reminded that there will again be an Ontario Family Fishing Winter Weekend in February 2011. There will be more details on this later in the year. For further information, please contact the following during business hours: FW-Wend Oceans P6a $et O06a Canada Canada Ontario Federation of Anglers and Hunters (705) 748-6324 Ext 233 Ontario Ministry of Natural Resources (705) 755-1902 Transport Transports Canada Canada Yours in Conservation, TO. ~P1 9 TO: `f' p k Mark Cousins, Chair Ontario Family Fishing Weekend Steering Committee E c/o Ontario Federation of Anglers and Hunters ; 4601 Guthrie Drive Peterborough, Ontario K9J 8L5~~ a /mc $ i. O-i o n _~C> DCx_k4r~~ Caq°0 6 5 - May 17, 2010 PICKE I G COMMITTEE REPORTS a) REPORT PD 2010-04 OF THE PLANNING & DEVELOPMENT COMMITTEE P & D PAGES BLUE 1. Director, Planning & Development, Report PD 09-10 9-21 Licence Agreement Extension - Ontario Parcel Agreement -Supply of Digital Mapping RECOMMENDATION 1. That Council approve entering into an extension of the agreement with the Region of Durham for the supply of digital parcel mapping of Pickering for a five year period at a total cost of $29,245.00 (plus applicable taxes) with an annual payment of $5,849.00 (plus applicable taxes) to be funded from the current budget of the Planning & Development Department; 2. The Mayor and the Clerk be authorized to execute any subsequent renewals or extensions of this agreement on substantially similar terms and conditions acceptable to the Director, Planning & Development, and; 3. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. 2. Director, Planning & Development, Report PD 11-10 22-40 Growth Strategy Program (Part of the Pickering Official Pan Review) and the Province's Draft Decision on Region of Durham's OPA 128 RECOMMENDATION 1. That Report PD 11-10 of the Director, Planning & Development respecting the Pickering Growth Strategy Program and the Province's Draft Decision on the Region of Durham's OPA 128, be received for information; and 2. Further, that Report PD 11-10 be forwarded to Ministries of Municipal Affairs, Housing and Energy and Infrastructure and the Region of Durham. 3. Director, Planning & Development, Report PD 12-10 41-45 West Rouge Canoe Club Request for Extension of Lease Agreement with Toronto and Region Conservation Authority for Paddling Facility on West Spit of Frenchman's Bay RECOMMENDATION 66 1. That the request of the West Rouge Canoe Club to extend its lease agreement with the Toronto and Region Conservation Authority for three years on an annual basis commencing with the period November 1, 2009, to October 31, 2010, and expiring October 31, 2012, to accommodate a temporary compound on the west spit of Frenchman's Bay for the storage, within trailers, of canoes and kayaks associated with the club's paddling facility, be supported by Council, and 2. Further, that the City Clerk forward a copy of Report PD 12-10 to the Toronto and Region Conservation Authority. Citq 00 .6 7 May 17, 2010 PICKERING COMMITTEE REPORTS b) REPORT EC 2010-04 OF THE EXECUTIVE COMMITTEE EXECUTIVE PAGES YELLOW 1. Chief Administrative Officer's Report, CAO 08-10 7-9 2010 Toys for Tickets/Food for Fines Promotion RECOMMENDATION That the Toys for Tickets/Food for Fines Promotion be implemented for December 16 and 17, 2010. 2. Director, Operations & Emergency Services, Report OES 12-10 10-17 New. Carbon Monoxide Detector Bylaw RECOMMENDATION 1. That Report OES 12-10 of the Director, Operations & Emergency Services regarding "Carbon Monoxide Detector By-law" being a,by-law to require the installation of carbon monoxide detectors in residential occupancies be received; and 2. That the attached draft "Carbon Monoxide Detector By-law", requiring the installation of carbon monoxide detectors in residential occupancies be enacted. 3. Director, Corporate Services & Treasurer, Report CS 08-10 18-31 LAS Energy Procurement Program RECOMMENDATION 1. That Report CS 08-10 of the Director, Corporate Services & Treasurer be received; 2. That the Commodity Hedge Pricing Policy attached to this report be approved; 3. That the Director, Corporate Services Treasurer be authorized to execute Agency Appointment Agreements with Local Authority Services (LAS) and any other related documents to provide for the hedging of energy prices; . 68 4. That Council authorizes Local Authority Services, through its appointed agent, to have access to electricity consumption data from the local electrical utility on an as needed basis, in order to compile load profile information for the procurement program; and, 5. That the appropriate officials of the City of Pickering be authorized to give effect thereto. 4. Director, Corporate Services & Treasurer, Report CS 11-10 32-41 Cash Position Report as at December 31, 2009 RECOMMENDATION It is recommended that report CS 11-10 from the Director, Corporate Services & Treasurer regarding cash position as at December 31, 2009 be received for information. 5. Director, Corporate Services & Treasurer, Report CS 14-10 46-53 Development Charges Reserve Fund - Statement of the Treasurer for 2009 RECOMMENDATION That Report CS 14-10 of the Director, Corporate Services & Treasurer respecting the Development Charges Reserve Fund be received for information. 6. Director, Corporate Services & Treasurer, Report CS 15-10 54-63 2010 Tax Rates for all Classes of Property and Final Tax Due Dates for All Realty' Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes RECOMMENDATION 1. That Report CS 15-10 of the Director, Corporate Services & Treasurer be received; 2. That the 2010 tax rates for the City of Pickering be approved as contained in Schedule A of the By-law attached hereto; . 3. That the tax levy due dates for the Final Billing be June 28, 2010 and September 28, 2010 excluding the industrial, multi-residential and commercial realty tax classes; 4. That the City of Pickering continue its policy of providing property tax relief to the Royal Canadian Legion Branch 483 (Claremont), for the City's share of property taxes for the taxation years 2010 to 2020; 69 5. That the attached By-laws providing for the imposition of the tax rates approved under Recommendation 1 and 4 above, be read three times and approved; 6. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; 7. That the Director, Corporate Services & Treasurer be authorized to make any changes to the final tax rates to comply with Provincial regulations; and, 8. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 7. Director, Corporate Services & Treasurer, Report CS 16-10 64-66 2009 Building Permit Stabilization Reserve Fund RECOMMENDATION That Report CS 16-10 from the Director, Corporate Services & Treasurer regarding the 2009 Building Permit Stabilization Reserve Fund be received for information. 8. Director, Corporate Services & Treasurer, Report CS 17-10 67-76 Investment Portfolio Activity for the Year Ended December 31, 2009 RECOMMENDATION That Report CS 17-10 of the Director, Corporate Services & Treasurer regarding Investment Portfolio Activity for the Year Ended December 31, 2009 be received for information. 9. Director, Corporate Services & Treasurer, Report CS 18-10 77-79 Formal Quotations - Quarterly Report for Information RECOMMENDATION That Report CS 18-10 of the Director, Corporate Services & Treasurer regarding Formal Quotations - Quarterly Report for Information be received for information. 10. Director, Corporate Services & Treasurer, Report CS 19-10 80-82 Section 357/358 of the Municipal Act- Adjustment to Taxes RECOMMENDATION 1. That Report CS 19-10 of the Director, Corporate Services & Treasurer be received; 70 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. City 0¢ 71 PICKE May 17, 2010 NEW AND UNFINISHED BUSINESS PAGES 1. Director, Operations & Emergency Services, Report OES 11-10 74-82 Tender for Roof Replacements - Pickering Fire Hall #2 and East Shore Senior Centre -Tender No. T-6-2010 RECOMMENDATION 1. That Report OES 11-10 of the Director, Operations & Emergency Services regarding Roof Replacements at the Pickering Fire Hall #2 and East Shore Senior Centre be received; 2. That Tender T-6-2010 submitted by Eileen Roofing Inc. at a cost of $209,685.00 (GST included) be accepted; 3. That the total gross project cost of $232,785 (GST included) and 'a net project cost of $221,700 including the tender amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the projects as follows: a) the sum of $50,000 as provided for in the 2010 approved Capital Budget and an additional sum of $2,900, for the Fire Hall to be funded from the Federal Gas Tax Grant; b) the sum of $105,000 to be funded from the Federal Gas Tax Grant, as provided for in the 2010 approved Capital Budget for East Shore Senior Centre be increased to $146,800; c) the remaining sum'of $22,000 for both the Fire Hall # 2 and East Shore Senior Centre for the contingency and miscellaneous costs to be funded from property taxes; d) the Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to give effect to the foregoing; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 2. 7Director, Planning & Development, Report PD 13-10 83-86 Appointment of Deputy Chief Building Official Under the Building Code Act RECOMMENDATION That the City's Building By-law 6603/05 which appoints the Chief Building Official, Deputy Chief Building Official and Inspectors be amended as set out in Attachment 1 to Report PD 13-10. 3. Chief Administrative Officer's Report, CAO 07-10 87-95 Establishment of a Compliance Audit Committee under the Municipal Elections Act, 1996, as amended RECOMMENDATION 1. That a Compliance Audit Committee be established in accordance with the provisions of the Municipal Elections Act, 1996, as amended; 2. That the Compliance Audit Committee be delegated full authority to exercise all powers and functions related to compliance audit applications; 3. That the Compliance Audit Committee be comprised of three members with credentials and experience suitable to consider matters related to the election campaign finance provision of the Municipal Elections Act; 4. That the terms of reference for the Compliance Audit Committee including the remuneration for Committee members be adopted; 5. That the City Clerk recruit and recommend three qualified individuals for appointment to the committee; and 6. That the draft by-law attached to Report CAO 07-10 be enacted. 4. Director, Corporate Services & Treasurer, Report CS 13-10 96-109 Fire. Dispatch - Amalgamation with the Town of Ajax RECOMMENDATION 1. That Report CS 13-10 of the Director, Corporate Services & Treasurer be approved and received; 2. That the Mayor and Clerk be authorized to sign an agreement between the City of Pickering and the Town of Ajax, in a form essentially as attached to this report, acceptable to the Chief Administrative Officer, the Director of Operations & Emergency Services, the Fire Chief and the Director, Corporate Services & Treasurer, to provide for the establishment, maintenance and operation by the Town of Ajax of a centralized communications system for emergency response purposes providing Dispatch services to Pickering Fire Services; 3. That the Director, Corporate Services & Treasurer be authorized to enter into agreements with CriSys Limited, either directly or through the existing 73 agreement with the Town of Ajax, to provide emergency Dispatch communications systems, including future renewals, extensions, upgrades, replacements and service agreements; 4. That, notwithstanding the Purchasing Policy, the Director, Corporate Services & Treasurer or designate, Manager, Supply & Services, be authorized to issue Purchase Orders and/or enter into agreements to single source with service, systems, and hardware suppliers required to provide emergency Dispatch, emergency notification and other related functions including 911, communications between Fire Halls, and call-out notifications for Fire Services in the City of Pickering, including future renewals, extensions, upgrades, replacements and service agreements; 5. That the Chief Administrative Officer, the Director, Operations & Emergency Services, the Director, Corporate Services & Treasurer and any other appropriate staff be authorized to sign any other documents required to complete the amalgamation and ensure the ongoing operations including the transfer of equipment and staff from Pickering to Ajax; 6. That the 2009 Capital Budget provision of $444,000 for the amalgamation of Fire Dispatch with Ajax funded by the Investing in Ontario Grant, be increased to $700,000 with the additional funding to be provided by the same grant; 7. That the Director, Corporate Services & Treasurer be authorized to pay all costs associated with the amalgamation of Fire Dispatch Services, including those above, with funding to be provided by the Investing in Ontario Grant as approved in the 2009 Capital Budget, and in this report, and to pay any additional costs from this grant or from funds identified by the Treasurer at year-end as being available; and, 8. That the appropriate officials at the City of Pickering be given authority to give effect thereto to complete the amalgamation and ongoing operation of Fire Dispatch services of the City with those of the Town of Ajax. City q Report to Council Report Number: OES 11-10 PICKERING Date: May 17, 2010 74 From: Everett Buntsma Director, Operations & Emergency Services Subject: Tender for Roof Replacements - Pickering Fire Hall #2 and East Shore Senior Centre - Tender No. T-6-2010 - File: A-1440-001-10 Recommendation: 1. That Report OES 11-10 of the Director, Operations & Emergency Services regarding Roof Replacements at the Pickering Fire Hall #2 and East Shore Senior Centre be received; 2. That Tender T-6-2010 submitted by Eileen Roofing Inc. at a cost of $209,685.00 (GST included) be accepted; 3. That the total gross project cost of $232,785 (GST included) and a net project cost of $221,700 including the tender amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the projects as follows: a) the sum of $50,000 as provided for in the 2010 approved Capital Budget and an additional sum of $2,900, for the Fire Hall to be funded from the Federal Gas Tax Grant; b) the sum of $105,000 to be funded from the Federal Gas Tax Grant, as provided for in the 2010 approved Capital Budget for East Shore Senior Centre be increased to $146,800; c) the remaining sum of $22,000 for both the Fire Hall # 2 and East Shore Senior Centre for the contingency and miscellaneous costs to be funded from property taxes; d) the Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to give effect to the foregoing; and Report OES 11-10 May 17, 2010 Subject:, Roof Replacement - Pickering Senior Centre and Fire Hall #2 75 Tender No. T-06-2010 Page 2 5. That the appropriate City of Pickering officials be authorized to take necessar y action to give effect thereto. Executive Summary: The roof replacement at the East Shore Senior Centre and . Firehall #2 was approved by Council in the 2010 Capital Budget for the total amount of $260,000. The existing roof structures have reached the end of their useful life cycles and currently are experiencing failure in several key areas. Replacement of the roof structures will resolve the leakage issues, resulting in the reduction of maintenance costs as well as improving the insulation factors. The two (2) roof replacement projects combined are $38,300 less than the approved budget, in accordance with the low tender. The Firehall project was estimated to be $50,000 and was received at $52,900 and the East Shore Senior Centre project was estimated at $210,000 and was received under budget at $146,800. The marginal additional cost for the Firehall roof will be offset by the savings from the low tender on the East Shore Senior Centre project. Financial Implications: 1. TENDER AMOUNT T-6-2010 $199,700 GST $9,985 Sub-Total $209,685 GST - 5% ($9,985) Total $199,700 CORP0227-07/01 revised Report OES 11-10 May 17, 2010 Subject: Roof Replacement - Pickering Senior Centre and Fire Hall #2 76 Tender No. T-06-2010 Page 3 2. APPROVED SOURCE OF FUNDS Senior Centre and Fire Services Capital Budget Operations & Emergency Services Department Capital Budget Location Project Code Source of Budget Required Funds Roof Replacement 5701.1002.1701 Debt- 5 Year $105,000 $0 - Senior Centre Roof Replacement 5701.1002.7505 . Federal Gas Tax $105,000 $105,000 - Senior Centre Grant Roof Replacement 5340.1018.7505 Federal Gas Tax $50,000 $52,900 - Fire Hall #2 Grant $260,000 $157,900 Total Change in Financing: - Roofing Replacement 5701.1002.7505 Federal Gas Tax Grant 41,800 - Senior Centre Total Required for T-6-2010 $199,700 Misc. & Contingency 5701.1002.2823. Property Taxes 22,000 5430.1018.2823 Total Funds $221,700 3. ESTIMATED PROJECT COSTING SUMMARY T-6-2010 $199,700 Tender & Miscellaneous Costs $2,000 Construction Contingency 20,000 Total Project Costs 221,700 GST 11,085 Total Gross Project Cost 232,785 GST Rebate (11,085) Total Net Project Cost $221,700 Project Cost under (over) approved funds by $38,300 CORP0227-07/01 revised Repo OES 11-10 May 17, 2010 Subject: Roof Replacement - Pickering Senior Centre and Fire Hall #2 Tender No. T-06-2010 Page 4 Although the budget for the Roof Replacement-East Shore Senior Centre was approved to be funded 50/50 by Federal Gas Tax Grant and City's share (debt), upon further analysis, the roof replacement was deemed to be eligible for 100% for Federal Gas Tax Grant. The source of financing for the City' share has been revised to include both Federal Gas Tax Grant and property taxes as indicated under Recommendation 4 b) and c). With the new Harmonized Sales Tax (HST) coming into effect starting July 1, 2010, the roof replacement projects will be affected by the HST. Under the HST, municipalities will be charged 13% on most goods and services and subject to a rebate of 11.24%, resulting in a net cost of 1.76% to the City. The above table has presented the taxes based on a 5% GST and the 8% PST embedded in the cost. The impact of the HST will be shown in the progress billing to the City when the invoices are paid. Sustainability Implications: The existing roof structures have reached the end of their useful life cycle, and are currently experiencing failure in several key areas. Replacement of the four roof structures will resolve the leakage issues, resulting in the reduction of maintenance costs as well as improving the insulation factors. Background: Bids have been received to the tendering call, which closed on Wednesday, April 28th, 2010 for the replacement of the roof structure for the Pickering East Shore Senior Centre and Firehall #2. An advertisement was placed in the Daily Commercial News and on the City's website. A mandatory site visit was held on Tuesday, April 8th, 2010 and seventeen (17) companies attended. Six (6) bidders submitted bids for this project of which two were rejected. The low bid was submitted by Eileen Roofing Inc. This company's references have been checked and are deemed acceptable by the Division Head, Facilities Operations. The Health and Safety Policy, Clearance Certificate issued by Workplace Safety and Insurance Board (WSIB), the WSIB Cost and Frequency Record and Certificate of Insurance as submitted by Eileen Roofing Inc have been reviewed by the Coordinator, Health & Safety and are deemed acceptable. In conjunction with staff's review of the contractor's previous work experience and bonding available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Facilities Operations Division recommends the acceptance of the low bid submitted by Eileen Roofing Inc for Tender No. T-6-2010 in the amount of $209,685 (GST included) and that the total net project cost of $221,700.00 be approved. CORP0227-07/01 revised i Report OES 11-10 May. 17, 2010 78 Subject: Roof Replacement - Pickering Senior Centre and Fire Hall #2 Tender No. T-;;6-2010 Page 5 This report has been prepared in conjunction with the Fire Chief, Senior Financial Analyst-Capital & Debt Management and the Manager, Supply & Services who concurs with the foregoing. Attachments: 1. Supply & Services Memorandum dated April 30, 2010 2. Record of Tenders opened and checked Prepared By: Approved / Endorsed By: l e Dwinnell d2 A4- Everett Buntsma Supervisor, Facilities Operations Director, Operations & Emergency Services Caryn Kong Gillis Paterson Senior Financial Analyst-Capital & Director, L. orate Services & Treasurer Debt Management Tony revedel Division Head, Operations & Facilities Bill Douglas1 Fire Chief Vera A. Felgemacher C.P.P., CPPO, CPPB, C.P.M., CMM III Manager, Supply & Services TP:mld Copy: Chief Administrative Officer CORP0227-07/01 revised Reno OES 11-10 May 17, 2010 Subjecyct: Roof Replacement - Pickering Senior Centre and Fire Hall #2 Tender No. T-06-2010 Page 6 Recommended for the consideration of Pickering City Council Thomas J. Quinn, RD R, CM III Chief Administrative Officer CORP0227-07/01 revised Carr 00 ATTACHMENT#_I TOREPORT# PICKERING MEMO 80 To: Tony Prevedel April 29, 2010 Division Head, Operations & Facilities From: Vera A. Felgemacher Manager, Supply & Services Copy: Superintendant, Facilities Operations Subject: Tender No. T-6-2010 Tender for Roof Replacement - Pickering Fire Hall #2 and East Shore Community Centre Closing: Wednesday, April 28., 2010 Tenders have been received for the above project. An advertisement was placed in the Daily Commercial News and posted on the City's website. Seventeen (17) bidders signed-in at the mandatory held on Thursday, April 8, 2010 at 11:OOAM. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable.for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit prices and extensions; unit prices shall govern and extensions. will be corrected accordingly, which has been done. Copies of the tenders are attached for your review along with the summary of costs. SUMMARY PST INCLUDED/GST INCLUDED Total Tendered After Calculation Total Tendered Bidder Amount Option 1 Check Amount Option 2 (Base Bid) (Alternate Bid) I Eileen Roofing Inc. $206,685.00 $209,685.00 No Bid Nortex Roofing Inc. $220,500:00 $220,500.00 No Bid Aseal Roofing & Sheet Metal Ltd' $237,510.00 $237,510.00 No Bid Crawford Roofing Corp. $245,647.50 $245,647.50 No Bid ATTACFi~ENT# TO REPORT#~~ O Tenders received from the following bidders were rec ed'. 81 Bidder Reference T. Hamilton & Son Automatic rejection - Tendering deposit not submitted with the Roofing Inc. tender Reference: Purchasing By-law No. 5900-01, Procedure No. PUR 010-001, 10.04, Item 7-9(c), 7-(15); Information to ;Bidders Items 16, 17, 18, Tendering Specifications Items 1, 2, 3. Pop's Restoration Ltd. Automatic rejection - Late - Bid received after the specified closing date, and time. Reference: Purchasing By-law No. 5900- 01, Procedure No. PUR 010-001, 10.04, Item 7-(1); Information to Bidders Items 1,13, 17(b), 18... Include the following items in your Report to Council: (a) without past work experience, if reference information is acceptable; (b) the appropriate account number(s) to which the equipment is to be charged; (c) the budget amount(s) assigned thereto; (d) Treasurer's confirmation of funding; (e) related departmental'approvals; (f) any reason(s) why the low bids are not acceptable; and (g) related comments specific to the project. Please do not disclose any information to enquiries except you can direct them to the City's website for the unofficial bid results as read out at the Public tender opening. Bidders will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. A i VAF Attachments April 29, 2010 Tender No. T-6-2010 Page 2 Tender for Roof Replacements Pickering Fire Hall #2 and East Shore Community Centre ATTACFiMENT# , MREPORT;; S //-/o Of l 82 r^ n. z 0 -I m ~ D . c- tA ; 3 N 3 m CD O 'a :r m CD CD a) D X o ;n 3. :3 o o ;n T O y ;o O p r. O. p op o 0 O O O W ;u (D O v 4'D C (n p j O f0 a m to p a o n m _r ti 3 to 01 (CD D N j Z CL C C C C ~ C C C ~ C C m CD O O m m Q g O i . O O CD O m m a ~ cn cn (n to (n cn cn <n Cl) cn cn < m CD CL o~ n O m -n -r, 1= `Z O o m N O ^z s (D G) D o C C m \ ~3 n3 C j O ~G T ,~J1 C , Jd C Ch N O Ts °mm a) C. =1 `mo t a D v d a D -1 m m n " a C z 00 m O O N m O -i O I ` I W N n m m I °DCD3 N z. @ o (n m 7 0 z n 0 m 3 0 o CD 3 _ °m 3 m (o M 0 X n m a z t~ z m a F + O m z JJ N CL Report To Council . . PICKERIlyG Report Number: PD 13-10 83 Date: May 17, 2010 From: Neil Carroll Director, Planning & Development Subject: Appointment of Deputy Chief Building Official under the Building Code Act Recommendation: 1. That the City's Building By-law 6603/05 which appoints the Chief Building Official, Deputy Chief Building Official and Inspectors be amended as set out in Attachment 1 to Report PD 13-10. Executive Summary: This report recommends that the appointments schedule and the definitions section of the City's Building By-law 6603/05 be amended to reflect staff changes and the appointment of a Deputy Chief Building Official. Financial Implications: Not applicable. Sustainability Implications: Not applicable. Background: Council currently has in place By-law 6603/05, which is required to provide for the administration and enforcement of the Building Code Act within the City. This By-law includes a schedule of persons appointed pursuant to that Act. The recent resignation of Tim Moore, Chief Building Official (effective May 17, 2010) requires that his name be removed from the schedule. Further, and as outlined in the CAO's correspondence to Mayor and Council of April 26, 2010, it is appropriate at this time to establish the position of Deputy Chief Building Official as an interim step in filling the Chief Building Official position. The City's Building By-law 6603/05 (Schedule A) provides for a deputy, but the position is not currently assigned. This appointment was scheduled to be made in 2010 in any event, due to increasing building activity. The appointment of a Deputy Chief Building Official will provide an acting capacity to sustain the City's ability to issue building permits and regulate construction until such time as a Chief Building Official is appointed. Report PD 13-10 May 1T.2010 84 Subject: Appointment.of Deputy Chief Building Official under the Building Code Act Page 2 Consequently, it is recommended that Brenda Yarush be added to the schedule as Deputy Chief Building Official. A corresponding revision is also necessary in the definitions section of the By-law to address the Deputy Chief Building Official position. A chief building official will be appointed through the City's normal recruiting procedure. Attachment: 1. Recommended revised Building By-law incorporating appointment of Deputy Chief Building' Official. Prepared By: Approved/Endorsed By: Tim Mo Neil Carrol RPP Chief Building Official Director, PI ning & Development NC:kb Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Co e d Th s J. Quinn D , CM Chief Administrative Officer 85 The Corporation of the City of Pickering 'By-law No. XXXX/10 Being a by-law to amend the definition section and Schedule A of By-law 6603/05 appointing the Chief Building Official, Deputy Chief Building Official and Inspectors. Whereas, pursuant to the provisions of subsection 3(1) of the Building Code Act, 1992, S:O. 1992, chapter 23, provides that the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Act within the City of Pickering; Whereas, pursuant to By-law 6603/05, Council appointed a Chief Building Official and such Inspectors as are necessary for the enforcement of the Act within the City of Pickering; and Whereas, as a result.of staff changes, the By-law to appoint these individuals must be amended. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. The definition of "chief. building official" in Section 2 (1) is amended adding the following at the end of the definition: "or the deputy chief building official acting in the capacity of the chief building official from time-to-time in respect of Section 1.1 (6)(c) of the Act 2. Schedule A of By-law 6603/05 is hereby deleted and replaced with Schedule A attached hereto By=law read a first, second and third time and finally passed this 17th day of May 2010. David Ryan, Mayor Debbie Shields, City Clerk 86 Schedule A Appointments Item 1 Column 1 Column 2 1. chief building official 2. deputy chief building official Brenda Yarush 3. inspector Toby Hill 4. inspector Robert Lalonde 5. inspector Albert Alvero 6. inspector Brenda Yarush 7. inspector Taylor Young 8. inspector Paul Nishikawa 9. inspector Andras Szon i 10. inspector Matthew Seward 11. inspector Brian Holmes City 4 Report To Council PI CKERIN Report Number: CAO 07-10 87 Date: May 17, 2010 From: Andrew C. Allison City Solicitor Subject: Establishment of a Compliance Audit Committee under the Municipal Elections Act, 1996, as amended Recommendation: 1. That a Compliance Audit Committee be established in accordance with the provisions of the Municipal Elections Act, 1996, as amended; 2. That the Compliance Audit Committee be delegated full authority to exercise all powers and functions related to compliance audit applications; 3. That the Compliance Audit Committee be comprised of three members with credentials and experience suitable to consider matters related to the election campaign finance provision of the Municipal Elections Act; 4. That the terms of reference for the Compliance Audit Committee including the remuneration for Committee members be adopted; 5. That the City Clerk recruit and recommend three qualified individuals for appointment to the committee; and 6. That the draft by-law attached to Report CAO 07-10 be enacted. Executive Summary: Bill 212 has made certain amendments to the Municipal Elections Act, 1996, as amended, one of which is the requirement for Council to appoint . a Compliance Audit Committee. Previously, the appointment of such a Committee was optional. An elector who is entitled to vote in an election and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances may apply for a compliance audit of the candidate's election campaign finances. In this regard the Municipal Elections Act, 1996, as amended, requires that all municipal councils and local boards must appoint a Compliance Audit Committee before October 1, 2010, to address applications requesting a review of a candidate's campaign finances. Report CAO 07-10 May 17, 2010 Subject: Municipal Elections Compliance Committee Page 2 $ 8 The City Clerk is responsible for the recruitment of the committee and also responsible for the establishment of administrative practices and procedures for the committee and shall carry out any other duties required under the Act to implement the committee's decisions. The Municipality is also responsible for paying all costs in relation to the Committee's operation and activities. Financial Implications: Factors involved in determining Compliance Audit Committee costs include the number of compliance audit applications that might be received, the number of meetings that are required to be held and the complexity of the audits that may need to be conducted. The Municipality is responsible for any costs resulting from the review of applications submitted to the Municipal Election Compliance Audit Committee. These costs include: - costs related to the Committee's operations and activities. - auditor's costs to perform an audit if required. - legal costs related to an appeal to the Ontario Court of Justice with respect to a decision of the Committee. legal costs to undertake legal action against the candidate for violations of the elections finance provisions of the MEA. costs related to the recovery of auditor costs where the auditor's report indicates that there was no apparent contravention and the committee finds that there were no reasonable grounds for the application. Staff have been in consultation with GTA municipalities and while many municipalities have yet to finalize their committee structure and processes most are recommending providing remuneration to the Members of the Committee. It is felt that the provision of remuneration will be a more effective means to attract candidates as it will compensate the Members for the time away from their professions. Suggested costs within the terms of reference for Council approval are: - $250.00 retainer fee - $200 per meeting The suggested remuneration costs are average amounts being suggested by GTA municipalities. i Staff is recommending that the retainer fee for 3 members be taken from the 2010 Election budget. If any requests for Compliance Audits for the 2010 municipal election are received they would occur in 2011. Council annually sets aside funding in the Election Reserve in order to spread out the impact of the cost of the municipal election. Staff would recommend that additional funding be placed in the Election Reserve for 2011 that would cover any potential compliance audit expenses. If the City is not in receipt of any requests, the level of contributions to the Election Reserve in future years could be adjusted accordingly. Report CAO 07-10 May 17, 2010 Subject: Municipal Elections Compliance Committee Page 3 Should more compliance audit applications be received than are anticipated or if the audits are complex, it will be necessary to seek Council's authorization for additional funds. Sustainability Implications: Not applicable. Background: The. Municipal Elections Act, 1996, as amended by Bill 212, now requires that every municipality appoint a Compliance Audit Committee prior to October 1St, 2010. The Act enables a qualified elector who believes on reasonable ground that a candidate has contravened the election campaign finance provisions of the Act to apply to the Clerk in writing requesting a compliance audit of the candidate's election campaign finances. The following is a brief overview of the compliance audit application and review process: - an application must be made within 90 days of a candidate's financial statement filing deadline, it must be made in writing and it must "set out the reasons for the elector's belief"; - within 30 days of receiving an application, it must be decided whether to grant or reject the application; - within 15 days after the decision is made, it may be appealed to the Ontario Court of Justice and the court may make any decision that the local authority could have made; if the request is granted, an auditor licensed under the Public Accounting Act, 2004 shall be appointed to conduct the compliance audit. The auditor is granted broad powers for the purpose of conducting the audit and the auditor's costs are paid by the municipality; - the auditor shall conduct the audit and prepare a report which outlines apparent contraventions, if any; - the auditor's report shall be considered within 30 days and legal proceedings to address any apparent contraventions may be commenced against the candidate; and if the auditor's report indicates that there have been no apparent contraventions and it is determined that there are no reasonable grounds for the application, the auditor's costs may be recovered from the applicant. Committee Structure With the amendment to the MEA, 444 municipalities as well as all of the various school boards, and several upper-tier municipalities will now be seeking applicants to appoint to their Compliance Audit Committees. This may result in competition for qualified candidates. The competition will be even greater when one factors in the conflicting interests between appointments to these Committees and the need for accountants and auditors to work on the financial statements for all candidates running for offices across the Province. Report CAO 07-10 May 17, 2010 Subject: Municipal Elections Compliance Committee Page 4 90 The Act provides that the Compliance Audit Committee must consist of a minimum of three to a maximum of seven members. Staff is recommending a three member committee. The Committee cannot include Council Members or City staff and must be established prior to October 1St, 2010. The recruitment process, selection criteria, terms of reference and compliance audit procedures are outlined below. Recruitment of Compliance Audit Committee Members Staff have consulted with area municipalities and have concluded that the recruitment process for committee members varies. In all cases, minimum qualifications were defined. Most municipalities will be posting advertisements soliciting applications, reporting back to Council with applications that meet the minimum qualifications and some municipalities will seek out suitable candidates through professional organizations (ie. Chartered Accountants of Ontario, the Law Society of Upper Canada etc.) and report to Council with recommendations for appointments. Compliance Audit Committee members must possess an in-depth knowledge of the campaign financing rules of the Act. If not, they will not be in a position to reach an independent decision on the merits of the application and may look to City staff for guidance. This would put staff in a conflict situation, particularly if the application concerned a Member of Council As the Committee will operate as a quasi-judicial committee, prior experience on a Committee, task force or tribunal would also be an asset from a meeting management perspective. To ensure a fair, open and transparent process, staff recommend that the recruitment process for the City of Pickering include an advertisement in the local paper and on the municipal website detailing the selection criteria. The following selection criteria are recommended: - the individual's knowledge of the campaign financing rules of the Municipal Elections Act, 1996, - proven analytical and decision making skills; - experience working on a committee, task force, disciplinary committee, or a similar body; - availability and willingness to attend meetings; and - excellent oral and written communications skills. To avoid a conflict of interest, care must be taken that any auditors or accountants appointed to the Compliance Audit Committee do not audit or prepare the financial statements of any candidate running for office on City Council. Accordingly, any auditor or accountant appointed to the committee will have to agree in writing to not undertake the audits or preparation of the financial statements of any candidates seeking election on City of Pickering Council. Report CAO 07-10 May 17, 2010 S 9j1 ct: Municipal Elections Compliance Committee Page 5 It is recommended, at the close of the application period, that all applications meeting the minimum qualifications be forwarded to Council for consideration, selection and appointment. Terms of Reference: The mandate for the Compliance Audit Committee is outlined in section 81 of the Municipal Elections Act. The term of the Committee is the same as the term of office of Council (2010 - 2014). While the last day for compliance audit requests for the December 31, 2010 reporting period is June 23, 2011, a by election could result in the need for the Compliance Audit Committee to sit during the term of Council. The City Clerk will act as the main contact between the Compliance Audit Committee and Council. Staff administrative support to the Committee would be supplied by the City Clerk. A detailed Terms of Reference for the Compliance Audit Committee is included as Attachment 1 to this report. Attachments: 1. Committee Terms of Reference 2. Draft By-law Prepared By: Approve Endorsed By: L_v_~ Debbie Shields Andrew Allison City Clerk City Solicitor DS:lh Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Co i Th a J. Quinn, MR, MM III Chief Administrative Officer ATTACHI,EWTV VO REPORT# ~ R O CU City of Pickering 92 2010 Election Compliance Audit Committee Terms of Reference Name: The name of the Committee is the "City of Pickering 2010 Election Compliance Audit Committee" (the Committee). Mandate: The powers and functions of the Committee are set out in Section 81 of the Municipal Elections Act, 1996. - Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected; If the application is granted, the Committee shall appoint an auditor licensed under the Public Accounting Act, 2004 to conduct a compliance audit. The Committee will review the auditor's report within 10 days of receipt and decide whether legal proceedings should be commenced; and If the auditor's report indicates that there were no apparent contraventions and if there appears there were no reasonable grounds for the application, the Committee shall advise Council accordingly. Reporting and Functional Relationships: The City Clerk will act as the main contact between the Committee and Council and will report on Committee activity as required to the appropriate individuals and Council. Committee Membership: The Committee shall consist of three members appointed by the Council of the City of Pickering. The City Clerk will recruit and recommend three qualified individuals for appointment to the Committee. The following persons are not eligible for appointment to the Committee: - Employees or officers of the City of Pickering - Members of Council - Any candidates running in the election for which.the Committee is established All Committee Members must agree in writing that they will not work/volunteer for any candidate, provide advice to, prepare or audit the election financial statements of any candidate for office on the City of Pickering Council or become a candidate in the 2010 Municipal Elections and any by-elections during Council's term, if they do, their appointment will be terminated. 1 All ommittee Members must have the ability to understand and apply the election campaign finance provisions of the Act and should be considered impartial with respect to their ability to fulfill their responsibilities. Preference shall be given to candidates that have applicable experience in accounting, law, law enforcement and academics from related fields. Remuneration to appointed members will be as follows: - $250.00 retainer fee (includes compensation for review of any background materials) - $200.00 per meeting Membership Selection Criteria: The recruitment process shall include an advertisement in the local paper and on the municipal website detailing the selection criteria. Additionally, staff will contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services and The University of Ontario Institute of Technology. All applicants will be required to complete an application form outlining their qualifications and experience. All applications will be forwarded to Council for consideration and appointment. The selection process will be based upon clearly understood and equitable criteria. Members will be selected on the basis of the following: - demonstrated knowledge and understanding of municipal election campaign financing rules; - - proven analytical and decision-making skills; - experience working on a committee, task force or similar setting; - availability and willingness to attend meetings; - excellent oral and written communication skills; Meeting Structure: The Committee will be called to order when an application for a compliance audit has been received. The date and time of the meeting will be determined by the City Clerk and communicated directly to the committee members. All time frames outlined in the Act and regulations will be adhered to. Committee activity will be determined primarily by the number and complexity of applications for compliance audits that may be received. The frequency and duration of Committee meetings will be determined by the Committee in consultation with the City Clerk. An agenda shall be prepared for each Committee meeting. Minutes of each meeting shall outline the general deliberations and specific actions and recommendations that result. 2 94 The Committee members will select a Chair from amongst its members at 'its first meeting. The Committee will conduct its meetings in public, subject to the need to meet in closed session for a purpose authorized by section 239 of the Municipal Act, 2001. The City's web site will be used to communicate meeting notices, agendas and decisions. Conflict of Interest: Members of the Committee must abide by the Municipal Conflict of Interest Act. Members shall not use their status on the Committee for personal or political gain. Term of the Committee: The mandate of the City of Pickering 2010 Election Compliance Audit Committee will be considered complete at the end of the four year term of Council (2014), at which time, a successor committee shall be appointed. Exception - Any outstanding applications that have not yet been completed at the end of the four-year term shall be completed by the Committee which first accepted the application. 3 ATfi CHMENT# TO RERORT# C fNO O,7-10 95 The Corporation of the City of Pickering By-law No. Being a by-law to establish a Compliance Audit Committee for the 2010 - 2014 Term of Council Whereas.section 81 of the Municipal Elections Act, 1996, as amended, requires the Council to establish a Compliance Audit Committee, before October 1, 2010, for the purposes of section 81 of the Act, and Whereas the City of Pickering is committed to ensuring a consistent, open and transparent process for receiving and processing compliance audit applications. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. A Compliance Audit Committee consisting of three (3) members with full delegation of the permitted authority be established under the provisions of the Municipal Elections Act, 1996, as amended. 2. That the "Terms of Reference" attached as Schedule "A" and forming part of this by-law, shall guide the structure and responsibilities of the Compliance Audit Committee. 3. That the Compliance Audit Committee's authority shall extend only to applications made with respect to candidate campaign finances related to the 2010 municipal election. By-law read a first, second and third time and finally passed this 17th day of May, 2010. David Ryan, Mayor Debbie Shields, City Clerk ;Citq Report To Council PICKERING Report Number: CS 13-10 Date: May 17, 2010 96 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Fire Dispatch - Amalgamation with the Town of Ajax Recommendation: 1. That Report CS 13-10 of the Director, Corporate Services & Treasurer be approved and received; 2. That the Mayor and Clerk be authorized to sign an agreement between the City of Pickering and the Town of Ajax, in a form essentially as attached to this report, acceptable to the Chief Administrative Officer, the Director of Operations & Emergency Services, the Fire Chief and the Director, Corporate Services & Treasurer, to provide for the establishment, maintenance and operation by the Town of Ajax of a centralized communications system for emergency response purposes providing Dispatch services to Pickering Fire Services; 3. That the Director, Corporate Services & Treasurer be authorized to enter into agreements with CriSys Limited, either directly or through the existing agreement with the Town of Ajax, to provide emergency Dispatch communications systems, including future renewals, extensions, upgrades, replacements and service agreements; 4. That, notwithstanding the Purchasing Policy, the Director, Corporate Services & Treasurer or designate, Manager, Supply & Services, be authorized to issue Purchase Orders and/or enter into agreements to single source with service, systems, and hardware suppliers required to provide emergency Dispatch, emergency notification and other related functions including .911, communications between Fire Halls, and call-out notifications for Fire Services in the City of Pickering, including future renewals, extensions, upgrades, replacements and service agreements; 5. That the Chief Administrative Officer, the Director, Operations & Emergency Services, the Director, Corporate Services & Treasurer and any other appropriate staff be authorized to sign any other documents required to complete the amalgamation and ensure the ongoing operations including the transfer of equipment and staff from Pickering to Ajax; 6. That the 2009 Capital Budget provision of $444,000 for the amalgamation of Fire Dispatch with Ajax funded by the Investing in Ontario Grant, be increased to $700,000 with the additional funding to be provided by the same grant; l Report CS 13-10 May 17, 2010 Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 2 97 7. That the Director, Corporate Services & Treasurer be authorized to pay all costs associated with the amalgamation of Fire Dispatch Services, including those above, with funding to be provided by the Investing in Ontario Grant as approved in the 2009 Capital Budget, and in this report, and to pay any additional costs from this grant or from funds identified by the Treasurer at year-end as being available; and, 8. That the appropriate officials at the City of Pickering be given authority to give effect thereto to complete the amalgamation and ongoing operation of Fire Dispatch services of the City with those of the Town of Ajax. Executive Summary: The following is a brief background to this undertaking. The Fire Headquarters building was first occupied around 1968. At that time Dispatch and communications equipment consisted of land line telephones. In the late 1980s, with the advent of the 911 service being brought into Durham, that equipment was replaced and tape recording equipment for this Dispatch calls was included. That equipment is approximately 23 years old, the technology is antiquated, not serviceable and parts are no longer available. Therefore, the City of Pickering does not have the luxury of waiting until a new Fire Headquarters is built. This amalgamation of Dispatch with Ajax is the only solution available, as Council has recognized and approved in principal over the last years. Knowing the current and forthcoming problems with the equipment, approximately 12 years ago the CAO entered into discussions with the former CAO of Whitby regarding a potential amalgamation of Fire Dispatch with these two municipalities and Ajax. These discussions did not succeed for financial reasons and Council asked the CAO to initiate discussions with the former CAO of Ajax. Pickering's equipment not only must be replaced but additional staff need to be hired due to population growth over the last decade. Pickering does not have the room in its current Dispatch room so significant additional space would be required. This can only be accommodated in a new Fire Headquarters that has.been the subject of some discussion over the years. However, the land to build it on still has to be acquired and a building constructed, both of which would be very expensive and at least several years away. The Operations Centre must be constructed first on land yet to be acquired. The amalgamation of Dispatch is the only intermediate step available. In the meantime, Ajax has constructed a new Fire Headquarters that includes a fully equipped and staffed Dispatch Centre. They have offered to provide Fire Dispatch services for Pickering Fire Services and Pickering will share in the equipment and operating costs. The arrangements with Ajax will solve Pickering's immediate problems. The costs will be significant, currently estimated at $700,000, however, the costs avoided: buying new equipment, hiring more staff on our own; together with the costs postponed: the acquisition of land and the multi-million dollar construction of a new headquarters; make the business case for this arrangement. There is no other option available. Furthermore, Ajax is not proposing to charge Pickering for a proportionate Report CS 13-10 May 17, 2010 Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 3 98 share of the capital cost of the Fire Dispatch facility as Whitby was, only the share of the equipment, staffing and operating costs. Moreover, the joint Dispatch equipment, the alerting system within our Fire halls and the communications equipment will now be the same as the other lakeshore municipalities in Durham. j i These discussions have continued to this day with Ajax's current CAO leading to the pending amalgamation of Pickering's Fire Dispatch with that of Ajax. Progress continues to be made in the complete processing amalgamation of Fire Dispatch services of the City with those of the Town of Ajax. This rather intensive process was first considered several years ago and again in early 2008. In December 2008, after much initial discussion and consideration the CAO had Fire Services prepare a presentation at an In-Camera meeting of Council. Council passed the following Resolution: "That Council approve in principle to continue with the negotiations for the Joint amalgamation of Fire & Emergency Services Dispatch Centres between the Town of Ajax and the City of Pickering." As discussions between Ajax and Pickering continued Council approved the project in the 2009 Capital Budget in the amount of $444,000 being the known costs at that time. As discussions continued both internally and externally, additional costs were identified. The CAO continues to oversee all aspects of this endeavour and it is now appropriate to seek Council's approval to single source certain aspects of this work with Ajax's service provider, CriSys Limited, and to pay for that work as provided for in the 2009 Capital Budget. Ajax has already purchased their equipment and Pickering needs to either pay its share of these costs or pay directly to the same service provider. Other supplier's equipment purchases will be identified and single sourced. The City needs to authorize the Director., Corporate Services & Treasurer, in conjunction with the CAO and the Director, Operations & Emergency Services to sign agreements and pay for goods and services, in order to bring this exercise to a successful conclusion in 2010. i Financial Implications: The 2009 Capital Budget as approved by Council contained a provision of $444,000, to be funded by a Provincial grant, Investing in Ontario, to provide for the amalgamation of the two .Fire Dispatch services. This grant, distributed by the Province to all Ontario municipalities in the fall of 2008, came from the Provincial budget surplus. This grant had no conditions on the use of the $3,912,528 provided that it only be spent on capital projects. The sum of $350,000 was used for the Dunbarton Pool and the 2009 Capital Budget included almost $2.1 million of this grant funding for various approved projects. The 2010 Capital Budget included $555,000 of funding from this grant which included $444,000 for Fire Dispatch Amalgamation. There is approximately $940,000 that was anticipated to be used in the 2011 Capital Budget. However, given the importance of the amalgamation to the City and its residents it was felt that the additional funding required of approximately $256,000 should come from the same grant. This will leave approximately $684,000 of this grant for the 2011 Capital Budget. Report CS 13-10 May 17, 2010 Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 4 99 Ajax has already purchased much of the required equipment and Pickering must pay Ajax for its share of those costs. Other costs will be incurred by Ajax to be shared with Pickering and the City will also be incurring some costs on its own. Ajax has gone through its process and selected service providers and Pickering must contract with these same companies. Now that all the necessary equipment related to the amalgamation is believed to have been identified, including replacing old equipment within and between the City's Firehalls, an increase in the original estimates as follows is required: Costs included in 2009 Budget CriSys Computer Aided Dispatch & Records $184,000 Management System Initial Data Transfer 20,000 MOSCAD Radio Alerting System 240,000 $444,000 Additional Costs not previously identified: Paging System Upgrade $129,000 (4 stations) (1) Fibre Connection Pickering to Ajax (1) Additions to Computer Aided 25,000 Dispatch System (Pickering's share) Maintenance on Pickering's Share of CriSys Software 35,000 Fibre connection to between Pickering and 52,000 Ajax Contingency and Incidentals 15,000 $256,000 $700,000 (1) Further review will be undertaken to confirm need prior to actual expenditure taking place While it is not anticipated at this time, should costs exceed the revised estimate, the Director, Corporate Services & Treasurer will identify other funds that could be used to complete this exercise and ensure complete and modern notification and communication capabilities are available for Fire Services and to ensure completion of the amalgamation of Fire Dispatch. Sustainability Implications: This report does not contain any sustainability implications. Report CS 13-10 May 17, 2010 Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 5 100 Background: At its in-camera meeting of December 16, 2008, Council received a presentation on the amalgamation of Pickering's Fire Dispatch services with those of Ajax. Council will recall that the main consideration in this presentation were the necessity of upgrading the City's aging Dispatch system, the benefits and the costs avoided by amalgamating the City's Dispatch service with the Town of Ajax. Ajax was in the process of installing an entirely new system and had to be advised at that time of Pickering's interest in such an amalgamation. Council approved the continuation of negotiations with Ajax to this end. Subsequently, in the 2009 Capital Budget for Fire Services, Council approved $444,000 for this purpose. Since that time the CAO has been involved in extensive negotiations with his counterpart in Ajax and the Fire Chiefs, and the City management staff have also been involved. Over the last months the internal discussion has centered on HR issues. It is.now appropriate to proceed with the technical aspects of the actual amalgamation in order to have it accomplished by year-end. The firm of CriSys Limited, a company with extensive expertise in this area, has been engaged by Ajax to provide software and services for their Dispatch which will also facilitate the amalgamation. It is in the City's best interest and only option to contract with the same firm, whether through the Town of Ajax or on its own, depending on the nature of the goods or services to be provided. The immediate task for CriSys and Pickering will be the collection, verification and inputting of City data into the amalgamated system. The project of amalgamating the joint Dispatch centres is estimated to take 6 to 10 months just for accumulating and transferring Pickering-based data used by the Dispatch Centre. It is Pickering's objective to complete this project before January 1, 2011. Pickering Fire Services states that CriSys Limited must be the sole source provider of this project based upon Ajax's selection through its purchasing process. Notwithstanding the City's Purchasing Policy, single sourcing, either in conjunction with Ajax, or on its own by the City is necessary to ensure compatibility of equipments, systems and data. For these reasons Pickering will not be seeking competitive bids but instead will rely upon the process Ajax has already performed in its acquisitions of the required hardware, software and systems. Pickering has to follow Ajax as it is their Dispatch system. CriSys Limited is presently the current provider of all computerized Dispatch services within the lakeshore municipalities of the Region of Durham. Pickering Fire Services must use the same provider in order to integrate our present data into the Ajax Fire Services- computerized Dispatch system. There is also a cost savings opportunity to participate in Ajax's existing contract with CriSys Limited. It is important that we expedite our efforts in order to remain on target to complete this change over by January 1, 2011. Another example is the MOSCAD radio alerting system, station to station, that is already used by Ajax, and several other Durham municipalities, and Pickering must Report CS 13-10 May 17, 2010 Subject: Fire Dispatch - Amalgamation with the Town of Ajax Page 6 1 follow suit to match systems. Pickering's current alerting system is very old and needs to be replaced anyway. For individual alerting for emergency purposes the City will be switching from pagers to Blackberrys and cell phones through Wallace Wireless. Some services, hardware or other goods will be provided by Ajax with the City paying its share while others may be arranged and paid for directly by the City. This report has been prepared in conjunction with the Director, Operations & Emergency Services, Fire Services and the Manager, Information Technology. Attachments: 1. Draft Agreement Between the City of Pickering and the Town of Ajax Providing for a Centralized Emergency Response Communications System and Fire Dispatch Services for the Two Municipalities Prepared By: Approved/Endorsed By: rl% Gillis A. Paterson Gillis A. Paterson Director, Corporate Services & Treasurer Director, Corporate Services & Treasurer Approved/Endorsed By: Everett Buntsma Director, Operations & Emergency Services Copy: Chief Administrative Officer Recommended for the consideration `of Pickering City Counci` Thomas J. Quinn, 1 MR, CAM Chief Administrative Officer ATTACHMENT#_,t_TO REPORT#15-8- (D THIS AGREEMENT made this _ day of 20OX O BETWEEN: THE CORPORATION OF THE TOWN OF AJAX ("Ajax") of the First Part and - THE CORPORATION OF THE CITY OF PICKERING ("Pickering") of the Second Part WHEREAS Section 5(1) of the Fire Protection and Prevention Act, 1997 (S.O. 1997, c. 21, Sch. A, s.3, as amended) (the "Act") provides that a fire department shall provide fire suppression services and may provide other fire protection services to a group of municipalities; AND WHEREAS the Act defines "fire protection services" as including communication and the delivery of communications; AND WHEREAS subsection 116(1) of the Municipal Act, 2001 (S.O. 2001 c. 25, as amended) provides that a municipality may establish, maintain and operate a centralized communication system for emergency response purposes and whereas Ajax does maintain such a system; AND WHEREAS Ajax's Municipal Council has passed By-law No. to establish, maintain and operate a centralized communication system for emergency response purposes providing fire dispatch services for both the Ajax Fire and Emergency Services and Pickering Fire Services serving the geographic areas under the jurisdiction of Ajax and Pickering respectively, subject to the terms of this AGREEMENT, and to authorize the Mayor and Town Clerk to execute this AGREEMENT on behalf of Ajax; AND WHEREAS Pickering's Municipal Council has passed By-law No. approving the establishment, maintenance and operation by Ajax of a centralized communication system for emergency response purposes providing dispatch services to Pickering Fire Services, subject to the terms of this AGREEMENT and to authorize the Mayor and City Clerk to execute this AGREEMENT on behalf of Pickering; NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the premises, other good and valuable consideration (the receipt and sufficiency of which each of the parties hereby acknowledge) and the mutual convenience and agreements hereinafter contained, the parties hereto covenant and agree as follows: Section 1 Interpretation 1.1 Wherever a term set out below appears in the text of this AGREEMENT in capital letters, the term shall have the meaning set out for it in this Section 1. (a) AGREEMENT means this agreement, including its recitals, schedules and appendices, which form an integral part of it, as amended from time to time. (b) AJAX FIRE AND EMERGENCY SERVICES means the Fire Department as established and/or maintained by Ajax under the Act. 103 (c) CAD means the CriSys Computer Aided Dispatch system or its successor or replacements as determined by Ajax. i (d) CAPITAL COSTS means the actual cost to Ajax to provide any equipment used in the provision of the DISPATCH SERVICES acquired after the EFFECTIVE DATE. (e) COMMUNICATION CENTRE means the AJAX FIRE AND EMERGENCY SERVICES dispatch centre. (f) CONTRACT YEAR means the period between January 1 and December 31 except the first CONTRACT YEAR means the period between the EFFECTIVE DATE and December 31 of the same year. (g) DISPATCH SERVICES means: (i) the receipt of a request for the services of the PICKERING FIRE SERVICES or any other emergency services with respect to a location or property within the geographic boundaries of Pickering; and (ii) the relaying of the request for services to the PICKERING FIRE SERVICES and/or their personnel from the COMMUNICATION CENTRE. (h) EFFECTIVE DATE means 12:01 a.m. on the first day DISPATCH SERVICES are provided by Ajax under this AGREEMENT. (i) "EVENT OF DEFAULT" means a default of any party in the performance of any of its obligations under this AGREEMENT which is not cured within the time permitted under Section 6; 0) OPERATING COSTS means the actual cost to Ajax to provide the DISPATCH SERVICES including the following: i) All wages, benefits and pension(s), including but not limited to statutory pay, recognition pay and overtime 'for all Dispatchers and the Communications Officer; ii) Mileage, Seminars and Education for all Dispatchers and the Communications Officer; iii) ' Uniforms and clothing for all Dispatchers and the Communications Officer; iv) Books, subscriptions, publications, printing/copying/postage costs and office supplies; V) Costs payable under service contracts with Bell Canada, Motorola, CriSys and Wilmac, or their successors or replacements or additional service contracts as deemed necessary by Ajax; vi) Costs to equip each dispatcher with the required equipment; vii) Software and associated maintenance and support agreements, and; viii) Insurance as set out in Section 4.1 of this Agreement. (k) OPERATING POLICES AND PROCEDURES means the detailed manner of receiving, recording and dispatching requests for DISPATCH SERVICES. (1) PROPORTIONATE SHARE of a party means that fraction of the OPERATING COSTS or the CAPITAL COSTS, or incurred liability (as provided for in subsection 4.2 hereof) as the context requires, which is equal to the base population from the latest census adding the population growth based on the residential units projected for each year over a five (5) to ten (10) year period with 3.5 people per projected residential unit. (m) TAXES mean the Goods and Services Tax and Provincial Sales Tax, if applicable. (n) PICKERING FIRE SERVICES means the Fire Department as established and/or . maintained by Pickering under the Act. (o) RUNNING ASSIGNMENTS means the predetermined selection of fire apparatus that are to be dispatched to each emergency incident defined in the CAD, including both 04 electronic versions in CriSys and back-up hard copies. Section 2 Dispatch Service Provision 2.1 As at the EFFECTIVE DATE Ajax will provide DISPATCH SERVICES to Pickering, subject to and in accordance with the provisions of this AGREEMENT. 2.2 The staff provided by Ajax to perform its obligations under this AGREEMENT shall be exclusively employees of Ajax. They shall not be deemed to be employees of Pickering for any purpose. 2.3 Ajax shall provide all of the personnel, infrastructure, hardware and software necessary to provide the DISPATCH SERVICES, the costs of which shall be included in OPERATING COSTS or CAPITAL COSTS., as applicable. 2.4 Pickering will be responsible for providing Ajax with up-to-date addressing, geographic information systems data and current RUNNING ASSIGNMENTS from time to time respecting every property in the geographic area of Pickering in a format consistent with the CAD. 2.5 Pickering will be responsible to provide and maintain all required telephone or data connection(s) in each of its fire halls to connect with the computer server located in the geographic boundaries of Ajax. Such costs shall not be included in OPERATING COSTS OR CAPITAL COSTS and shall be the sole responsibility of Pickering. 2.6 Pickering will be responsible to provide and maintain current contact information for all personnel to be dispatched by Ajax and, where paging or cellular systems are to be used to contact individuals as provided by the OPERATING POLICIES AND PROCEDURES, Pickering shall be responsible for providing and maintaining these systems in good repair. 2.7 All software and hardware used in the provision of the DISPATCH SERVICES, and any interest therein whether licensed or owned, is and shall remain the sole property of Ajax. 2.8 Pickering shall deliver to the COMMUNICATION CENTRE upon notice by Ajax the following which are presently owned by Pickering: i) Bramic "Vision 5" dispatch console; ii) Motorola "CentraCom Gold Elite" dispatch consoles; iii) All dispatch related 800 MHz Motorola dispatch equipment; and iv) 24 hour dispatch chair. 2.9 Pickering will be responsible to provide and maintain all required MOSCAD, or its successor or replacements as determined by Ajax, and station alerting equipment in each of its fire halls. Such costs.shall not be included in OPERATING COSTS OR CAPITAL COSTS and shall be the sole responsibility of Pickering. 2.10 Pickering will be provided remote electronic access to the CAD data and reporting tools relating to the provision of DISPATCH SERVICES for the purposes of accessing their records only. Pickering shall be responsible for maintaining the required electronic connectivity and security to the satisfaction of Ajax. 2.11 Notwithstanding Section 2.10, the parties agree to meet approximately once every six (6) months in order to review the DISPATCH SERVICES. Additionally, the Pickering Fire Chief may make any inquiries, concerns, questions or requests for information arising from the provision of DISPATCH SERVICES but such inquiries may be in writing and addressed to the Ajax "Fire Chief depending on the scope of the request. 2.12 The implementation and operation of this AGREEMENT does not alter, impact or affect any responsibilities relating to the ownership and operation of the shared 800 MHz radio system. r 1 0 5 Section 3 Costs 3.1 Pickering shall pay Ajax its PROPORTIONATE SHARE of the OPERATING COSTS for each CONTRACT YEAR, plus any TAXES that may be applicable. 3.2 Ajax shall for each CONTRACT YEAR estimate the OPERATING COSTS and Pickering shall pay its PROPORTIONATE, SHARE, as so estimated, in quarterly installments in advance on the first day of each quarter. 3.3 On or before sixty (60) days following determination of the OPERATING COSTS for a CONTRACT YEAR, Ajax shall deliver to Pickering a statement of the actual OPERATING COSTS for such CONTRACT YEAR and Pickering agrees to pay Ajax, within sixty (60) days of delivery of such statement, the difference between its PROPORTIONATE SHARE of the estimated OPERATING COSTS paid to Ajax pursuant to paragraph 3.2 and its PROPORTIONATE SHARE of the OPERATING COSTS and, where the amount so paid for the estimated OPERATING COSTS for the CONTRACT YEAR was greater than Pickering's PROPORTIONATE SHARE of the OPERATING COSTS, Ajax agrees that it shall reimburse Pickering the difference. 3.4 Ajax shall meet with Pickering no less than six (6) months in advance of any proposed CAPITAL COSTS being incurred in order to permit Pickering to prepare accordingly. 3.5 On or before sixty (60) days following Ajax providing notice to Pickering of incurring a CAPITAL COST, Pickering agrees to pay Ajax its PROPORTIONATE SHARE of the said CAPITAL COST. Section 4 Insurance and Limitation of Liability 4.1 Ajax agrees to maintain, at its sole expense, which expense shall not form a part of the OPERATING COSTS unless there is an increase in the premium payable for such policy as a result of the coverage available to Pickering, adequate general liability insurance in an amount of not less than fifteen million dollars ($15,000,000) in which Pickering is named as anadditional insured party with respect to the obligations expressed in this AGREEMENT. The policy shall contain a waiver of subrogation clause as between the parties and a cross liability clause in favour of the parties, as approved by both the parties, acting reasonably. Notwithstanding the foregoing, where an increase in the premium for the above insurance is charged or incurred by Ajax as a result of a claim pertaining to the provision of the DISPATCH SERVICES, such an increase over the premium as it would otherwise have been but for the said claim shall be deemed to be included in the OPERATING COSTS and Pickering shall pays its PROPORTIONATE SHARE of that increase. 4.2 The parties hereby agree that any and all liability resulting from all actions, suits, claims, demands, losses, costs, charges and expenses arising out of actions, incidents, grievances or investigations which occurred prior to the EFFECTIVE DATE against any party shall remain the sole liability of that party, shall not be transferred hereunder and that party shall wholly indemnify the other party with respect to any and all liability, including defence and legal costs pertaining thereto. Section 5 Temporary Withdrawal of Services 5.1 In the event of a labour shortage, strike, lock-out, labour dispute, power loss or equipment failure which would prevent the provision of the DISPATCH SERVICES, Ajax shall be excused from the performance of its obligations hereunder, but not its obligations under Section 4, until the cause of the inability of Ajax to provide the DISPATCH SERVICES is remedied, but subject to the remaining provisions of this Section. 5.2 In the event that Ajax anticipates or actually does temporarily withdraw DISPATCH 06 SERVICES under this Section, Ajax shall provide notice of such withdrawal or anticipated withdrawal to Pickering as soon as reasonably possible, including the reasons therefore. 5.3 In the event that Ajax has temporarily withdrawn DISPATCH SERVICES under this Section and cannot restore the provision of the DISPATCH SERVICES within five (5) days following the date the services are first withdrawn, Pickering,shall be entitled to terminate this AGREEMENT on five (5) days written notice to Ajax. Ajax shall be entitled to payment for all DISPATCH SERVICES provided under this AGREEMENT to the date of termination. Section 6 Term and Termination and Default 6.1 This AGREEMENT shall come into force commencing on the EFFECTIVE DATE and shall continue in force for a period of ten (10) years. 6.2 This AGREEMENT shall automatically renew for additional terms of five (5) years unless either party provides written notice to the contrary not less than eleven (11) months in advance of the last day of the then current term, in which case this AGREEMENT shall terminate on the last day of the then current term. Ajax shall be entitled to payment for all OPERATING COSTS and CAPITAL COSTS under this AGREEMENT to the date of termination. Where the determination of OPERATING COSTS and/or CAPTIAL COSTS is not made until after the termination of this AGREEMENT the obligation of Pickering to pay its PROPORTIONATE SHARE and the obligations of the parties set out in Section 4.2 shall survive the termination of this AGREEMENT. 6.3 Notwithstanding termination of this AGREEMENT, Ajax covenants and agrees to maintain all accounts and records with respect to the provision of the DISPATCH SERVICES for not less than seven (7) years following such termination and to make the same available for examination and/or copying by Pickering on request during regular business hours at the administrative offices of Ajax. 6.4 The requirement to maintain insurance in accordance with subsection 5.1 shall continue for not less than two (2) years following termination of this AGREEMENT, and may continue longer with the mutual consent of the parties. 6.5 In the event of the occurrence of an EVENT OF DEFAULT by or with respect to any party (the party committing such default hereinafter referred to as the "Defaulting Party" and the other party being referred to for the purposes of this Article as the "Non- Defaulting Party"), the Non-Defaulting Party shall have the right to give the Defaulting Party a notice of an EVENT OF DEFAULT specifically setting forth the nature of the default and stating that the Defaulting Party shall have a period of 30 days to cure such EVENT OF DEFAULT or (in the case of an EVENT OF DEFAULT which cannot be cured within such 30 day period) such longer period as may be reasonably necessary to cure such EVENT OF DEFAULT if the Defaulting Party commences to cure such default within such 30 day period and thereafter diligently proceeds with such curative efforts. 107 6.6 If the Defaulting Party does not cure or diligently proceed to cure any EVENT OF DEFAULT specified in the notice of default referred to in subsection 6.5 within the period referred to therein, the Non-Defaulting Party shall have the right until the Defaulting Party is no longer in default under this Agreement, to: a) bring any proceedings in the nature of specific performance, injunction or other equitable remedy, it being acknowledged by each of the parties hereto that damages at law may be an inadequate remedy for a default or breach of this AGREEMENT; b) remedy such EVENT OF DEFAULT and any other default of the Defaulting PARTY under this AGREEMENT and the Non-Defaulting Party shall be entitled on demand to be reimbursed by the Defaulting Party for any monies expended to remedy any such EVENT OF DEFAULT and any other expenses (including legal fees on a solicitor and client basis) incurred by such Non-Defaulting Party (and to bring any legal proceedings for the recovery thereof), together with interest at 10% per annum, calculated and compounded monthly; C) bring any action at law as may be necessary or desirable in order to recover damages; d) in the EVENT OF DEFAULT by Pickering, suspend the provision of DISPATCH SERVICES; and/or e) terminate this AGREEMENT. Section 7 Notice 7.1 Any notice under this AGREEMENT shall be in writing and shall be served personally or by regular mail or facsimile transmission upon each of the parties at the following addresses: The Corporation of the Town of Ajax 65 Harwood Avenue South Ajax, Ontario LIS 2H9 Attention: Town Clerk The Corporation of the City of Pickering 1 The Esplanade Pickering, Ontario LI V 6K7 Attention: City Clerk Receipt of notice shall be deemed on: (a) the date of actual delivery of a hand delivered document on the last party to be provided with the notice; or (b) the business day next following the date of facsimile transmission; or (c) five (5) days following the date of mailing of the notice; whichever is applicable. Any party may change its address for notice by giving notice of change of address pursuant to this Section. 108 Section 8 General 8.1 Ajax shall keep proper and detailed accounts and records in accordance with generally accepted accounting practices of all factors entering into the computation of the amounts payable pursuant to this AGREEMENT and maintain same for no less than seven (7) years following"each CONTRACT YEAR to which the accounts and records relate. Pickering may during regular business hours at the offices of Ajax, upon giving reasonable notice and at Pickering's sole expense, audit and inspect all accounts, records, receipts, vouchers and, other documents relating to the provision of the DISPATCH SERVICES and shall have the right to make copies and take extracts at its own expense. Ajax shall afford all reasonable facilities, physical and otherwise, for such audits and inspections. 8.2 The parties hereto shall with reasonable diligence do all such things and provide all such reasonable further assurances as may be required to fulfill their obligations pursuant to this AGREEMENT. Each party agrees to provide whatever further documents or instruments may be considered by the other parties to be reasonably necessary or desirable to effect the purpose of this AGREEMENT and carry out its provisions at any time during the currency of this AGREEMENT. 8.3 In the event that any covenant or term of this AGREEMENT should at any time be held by any court or competent tribunal to be void or unenforceable, then the AGREEMENT shall not fail, but the covenant, provision or term shall be deemed to be severable from the remainder of this AGREEMENT, which shall otherwise remain in full force and effect. 8.4 No party or parties shall call into question, directly or indirectly, in any proceedings whatsoever in law or in equity or"before a court or any administrative tribunal, the right of the parties or any of them to enter into this AGREEMENT or the enforceability of any "term, agreement, provision, covenant and/or condition contained in this AGREEMENT, and this clause may be pleaded as an estoppel as against any such party in any proceedings. 8.5 Subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act, (Ontario) (or successor legislation), Ajax shall give Pickering a quarterly written record of any complaints received respecting the DISPATCH SERVICES provided to Pickering during the previous quarter and how each has been responded to or dealt with by Ajax. 8.6 Subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act, (Ontario) (or successor legislation), the parties shall not divulge any information of which they have knowledge to be confidential whether communicated to or acquired by them in the course of carrying out the obligations or roles provided pursuant to this AGREEMENT. No such information shall be used by either party in any way without the approval of the other party. 8.7 Ajax and Pickering will comply with all applicable legislation in performing its obligations under this AGREEMENT. 8.8 This AGREEMENT contains the entire agreement between the parties with respect to the provision of the DISPATCH SERVICES and it is agreed that there is no covenant, promise, agreement, condition precedent or subsequent, warranty or representation or understanding, whether oral or written, other than as set forth in this AGREEMENT with respect to the subject matter of this AGREEMENT. 8.9 No supplement, amendment or waiver of or under this AGREEMENT (excepting notice of change of address as contemplated in Section 8) shall be binding unless executed in writing by the party or parties to be bound thereby and no waiver by a party of any provision of this AGREEMENT shall be deemed or shall constitute a waiver of any other provision or a continuing waiver unless otherwise expressly provided. 109 8.10 This AGREEMENT shall not be construed as creating a joint venture between Ajax and Pickering. 8.11 This AGREEMENT cannot be assigned to another party without the written consent of both parties. Ajax shall not subcontract the provision of DISPATCH SERVICES under this AGREEMENT to any third party without the prior written consent of Pickering. 8.12 The parties shall act co-operatively in good faith, and with expedition in implementing the intent of this AGREEMENT. 8.13 The parties agree to review this AGREEMENT from time to time, but in any case not less than once every five (5) CONTRACT YEARS, to determine whether the method of calculating PROPORTIONATE SHARE remains reasonably equitable and, in the event both parties agree, the definition of PROPORTIONATE SHARE shall be amended. 8.14 This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. IN WITNESS WHEREOF each of the parties hereto has affixed its corporate seal by the hands of its proper officers on the date inscribed on the first page of this Agreement. THE CORPORATION OF THE TOWN OF AJAX )Mayor )Clerk THE CORPORATION OF THE CITY OF PICKERING ) )Mayor )Clerk . I City O0 1 1 0 PICKERING May 17, 2010 NOTICE OF MOTION a) Councillor Dickerson and Councillor McLean gave notice that they will at this meeting of Council be presenting a motion as follows: UNDERGROUNDING OF OVERHEAD WIRES WHEREAS it is the expressed desire of the City of Pickering to use all means of Sustainability, in all of its many forms, be utilized at every opportunity and, in particular, when considering "Greenfield" construction, and that fiscal responsibility in meeting those goals must be considered as but one of the many considerations; and WHEREAS the Council of the City of Pickering will utilize every means at its disposal to see built, within its borders, all new construction meeting a high level of Sustainability; and WHEREAS the City of Pickering desires the removal of overhead wires along Brock Road from just north of the 3rd Concession to Taunton Road; and WHEREAS the City of Pickering also serves notice that all wires within the Duffins Height Precinct and in Seaton be located underground and that development charges be reflective of this; NOW THEREFORE BE IT RESOLVED that the City of Pickering commit to the undergrounding of overhead wires along Brock Road from just north of the 3rd Concession to Taunton Road and that costs to the City be mitigated by contributions from land owners and, in any event, not exceed $2.5 million contribution from the City, to be debentured on a report to be prepared by the Treasurer. b) Councillor O'Connell and Councillor Johnson gave notice that they will at this meeting of Council be presenting a motion as follows:, APPOINTMENT TO GREATER TORONTO AIRPORT AUTHORITY (GTAA) BOARD WHEREAS the Region of Durham appoints a member of the public to the Greater Toronto Airport Authority (GTAA) board at the beginning of every Council term; and WHEREAS the issue involving an airport in Durham Region is of paramount concern to the residents of Pickering; and WHEREAS the impact of a new airport is of greater importance to the City of Pickering and our residents because the airport is proposed to be located on the Federal Lands in North Pickering; and WHEREAS the accountability and the openness of information from the GTAA board to the Councils of Durham Region and the City of Pickering is paramount however the current process has a member of the public appointed to the GTAA board which does not report to Pickering or Durham Regional Council; and WHEREAS currently the minutes of all GTAA board meetings are not made public and therefore lacks accountability and accessibility of information for Pickering and Durham despite having a regionally appointed member who sits on the board. NOW THEREFORE The Council for the City of Pickering request Durham Regional Council to amend the current process for the appointment to the GTAA board to ensure that a resident of Pickering is appointed to the GTAA Board of Directors. Caq o¢ 1 1 2 PICKERING May 17, 2010 BY-LAWS 7043/10 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2010 and to establish the Tax Rates necessary to raise such sums and establish the final due dates for the residential, pipeline, farm and managed forest realty tax classes. [Refer to Executive Pages 59 - 62] 7044/10 Being a by-law to provide Royal Canadian Legion Branch 483 an exemption from City property taxation for a period not exceeding ten years effective January 1, 2010. [Refer to Executive Page 63] 7045/10 Being a by-law to stop up and close those portions of Service Road, Plan 509, Pickering, being Parts 3 to 9, Plan 40R-26369 as public highway, for the purpose of sale to the adjacent owner and to the Region of Durham. (By-law attached) 7046/10 Being a by-law to dedicate that part of Lot 26, RCP 819, Pickering, designated as Part 4, Plan 40R-25901, as public highway. (By-law attached) 7047/10 Being a by-law to dedicate that part of Lot 18, Concession 1, Pickering, designated as Part 1, Plan 40R-26242, as public highway. (By-law attached) 7048/10 Being a by-law to exempt Part of Lots 1, 2 and 3, Plan 40M-1918, being Parts 6, 7, 8, 9 and 10, Plan 40R-19416 from part lot control (By-law attached) 7049/10 A by-law to require the installation of carbon monoxide detectors in residential occupancies. [Refer to Executive Pages 14 - 17] 7050/10 Being a by-law to repeal Referendum By-law No. 7019/10. (By-law attached) 7051/10 Being a by-law to dedicate Blocks 13 to 18, Plan 40M-2402, Pickering, as public highway. (By-law attached) 7052/10 Being a by-law to provide for advance votes to be held prior to the 2010 Voting Day. (By-law attached) ~113 7053/10 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property. (By- law attached) 7054/10 Being a by-law to repeal the appointment of Thomas J. Quinn as the Chief Administrative Officer effective June 1, 2010. (By-law attached) 7055/10 Being a by-law to establish a Compliance Audit Committee for the 2010-2014 Term of Council. (Refer to New and Unfinished Business Page 95] 7056/10 Being a by-law to amend the definition section and Schedule A of By-law 6603/05 appointing the Chief Building Official, Deputy Chief Building Official and Inspectors. (Refer to New and Unfinished Business Page 85] CLtq O~ PICKERING Memo To: Debbie Shields April 27, 2010 City Clerk 11 4 From: Neil Carroll Director, Planning & Development Copy: Chief Administrative Officer Director, Corporate Services & Treasurer Coordinator, City Development Subject: Disposal of City-Owned Lands Untraveled Portion of Glenview Road Legally known as Part of Service Road, Plan 509, Pickering Parts 3 to 9, Plan 40R-26369 File: L-4610-037 The subject lands are known as the untraveled portion of Glenview Road (legally described as Part of Service Road, Plan 509, Pickering, being Parts 3 to 9, Plan 40R-26369). A property location map is attached. i On May 22, 2009, Council passed Resolution #133/09 authorizing staff to initiate the process of having the subject lands stopped-up and closed and declared surplus for the purpose of conveying, subject to any easements: (a) Parts 3 and 6 to 9, Plan 40R-26369 to VIVA Retirement Living, for market value'- determined to be $95,589.00, to consolidate with their adjacent lands to support the construction of a 125-unit (approximate) retirement facility; and (b) Parts 4 and 5, Plan 40R-26369 to the Region of Durham, for nominal consideration, for reserve and Kingston Road widening purposes. Council has since approved Zoning By-law Amendment Application A18/09, establishing zoning over the consolidated VIVA Retirement Living and City-owned lands to support the proposed retirement facility. It is now appropriate for Council to enact the attached draft by-law formally declaring the lands surplus, stopping-up and closing them as public highway and authorizing their conveyance to VIVA Retirement Living and the Region of Durham. 115 The subject lands will be disposed of in accordance with the provisions of the Municipal Act and the City's Acquisition and Disposal of Land Policy. In accordance with the City's Notice Policy, the appropriate notice respecting this road closure has been published in the local newspaper and on the City's website for two consecutive weeks. The attached draft by-law is for the consideration of City Council at its meeting scheduled for May 17, 2010. NC:DB:bg J:\Documents\Prop & Dev1L4650 DISPOSAMI 10 - ServiWmemosWemo to Debbie2010fomardinp bylaw(mvisionsRl).doc Attachments April 27, 2010 Page 2 Disposal of City-Owned Lands Untraveled Portion of Glenview Road 116 ~ W Q ° c~ TMTWT NDS COURT > c~ z w 0~~ AR V! 6-9 PART 4 & 5 TO E RE N OF DURH -9Q O P~ ~\~GS P LPN P~ ~S PICKERING CIVIC COMPL 9 AND ENTRAL LIBR City of Pickering Planning & Development Department PROPERTY DESCRIPTION Part of Service Road, Plan 509, being Parts 3-9, 40R-26369 OWNER City of Pickering DATE APR. 26, 2010 DRAWN BY JB FILE No. Disposal of City-Owned Land SCALE 1:2500 CHECKED BY DR Af oTera ne lroEnterpr'~aea Inc. antl ila suppliers. All rights Reserved. Not plan of survey. PN-9 2005 ,.AC ontl its su ppl iera. All right. Re.e_ed. Not o plop of ,"_y . 7 The Corporation of the City of Pickering By-law No. tr . 'Being a by-law to stop-up and close those portions of Service Road, Plan 509, Pickering, being Parts 3 to 9, Plan 40R-26369 as public highway, for the purpose of sale to the adjacent owner and to the Region of Durham. Whereas, pursuant to the Municipal Act, the Council of the City may pass by-laws to acquire or dispose of land or interests in land and. to stop-up a highway, or part thereof, and to authorize its sale or the sale of a part thereof. Whereas, Notice of this By-law has been published for two (2) consecutive weeks. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. The following portions of highway are hereby stopped-up and closed to both vehicular and pedestrian traffic: • Those parts of Service Road, Plan 509, Pickering, being Parts 3 to 9, Plan 40R-26369 2. Parts of Service Road, Plan 509, Pickering, being Parts 3 and 6 to 9, Plan 40R-26369 are deemed surplus to the needs of the Corporation and shall be offered for sale to the abutting owner, subject to any required easements. 3. Parts of Service Road, Plan 509, Pickering, being Parts 4 and 5, Plan 40R-26369 are deemed surplus to the needs of the Corporation and shall be conveyed to the Region of Durham for road purposes, subject to any required easements. 4. The City shall ensure that all utility easements are conveyed to the appropriate utility authority for nominal consideration ($2.00) prior to the conveyance of the lands. I 5. The Mayor, City Clerk, Director, Planning & Development and City Solicitor are authorized to obtain and execute all relevant documentation required to effect the stopping-up and closing of those portions of Service Road, Plan 509, Pickering, being Parts 3 to 9, Plan 40R-26369 and to effect their conveyances.. By-law read a first, second and third time and finally passed this 17th day of May, 2010. David Ryan, Mayor~.1-p~, Debbie Shields, City Clerk 1 1 8 PICKERI Memo To: Debbie Shields April 20, 2010 City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, Planning & Development Division Head, Engineering Services Manager, Development Control Subject: Request for Road Dedication By-law Owner: Bhajan Sahota Part Lot 26, RCP 819, Pickering, being Part 4, 40R-25901 (Fairport Road) File: Roadded.517 The Owner has applied to sever that part of Lot 26, RCP 819 to create two additional lots through Land Division Applications LD 053/08 and LD 054/08. One of the conditions of those land severance applications was for the Owner to convey land for road widening purposes fronting the two newly severed lots on Fairport Road to the City. As the Owner has conveyed Part 4, Plan 40R-25901 (road widening block) to the City, it is appropriate to dedicate it as public highway (Fairport Road). Attached are a location map and draft by-law for the consideration of City Council at its meeting scheduled for May 17, 2010. DB:bg PDocumentstProp & Dev\ROADDEMSECt517 FairportWemo to City Clerk.ooc Attachments I119 w ~ Y O 0 00 Q O j < 0 m Cy- C9 0 cn VOYAGER = f- q~E BONITA AVENUE w F-: U BO I TA w PA a w 0 S O d < o O O w O Z (n 2 O STROUDS LANE w z a w = z w U N w Of WINGARDEN CRESCENT 0 D M T DR o a w o SUBJECT LAND Q ~ O w of > w J J w a A ~FN~F r w z w Q M J W J M Q Q G~ J W JF BEN CRESCENT GOLDENRIDGE Y QUELINE P WELRUS STREET 0 o ~ D 0 w z 0 D a Ckf 0- < a T~, N °a N RUSHTON ROAD SPRUCE F- r lzr- c~ 0 k'qT E'S LANE A Z ryF-7~ I" City of Pickering Planning & Development Department PROPERTY DESCRIPTION Part Lot 26, RCP 819, being Part 4, 40R-25901 007\ OWNER City of Pickering DATE APR. 21, 2010 DRAWN BY JB N FILE No. Roadded. # 517 SCALE 1:5000 CHECKED BY 1313 eTeronetroEnterpri.ee Ind. and A. supplier.. All right. Reserved. Not p plan of --y. pN.7 2005 MPAC and ila su ppliera. All ri h[. Re.erved. Not o plan a/ Survey. The Corporation of the City of Pickering -120 By-law No. AO"JOT Being a by-law to dedicate that part of Lot 26, RCP 819, Pickering, designated as'Part 4, Plan 40R-25901, as public highway. Whereas The Corporation of the City of Pickering is the owner of that part of Lot 26, RCP 819, Pickering, designated as Part 4, Plan 40R-25901 and wishes to dedicate it as public highway. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That part of Lot 26, RCP 819, Pickering, designated as Part 4, Plan 40R-25901 is hereby dedicated as public highway (Fairport Road). By-law read a first, second and third time and finally passed this 17th day of May, 2010.. David Ryan, Mayor ` Debbie Shields, City Clerk Roadded.517 Citq O~ ON 1 PICKERING Memo 121 To: Debbie Shields April 26, 2010 City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, Planning & Development Division Head, Engineering Services Division Head, Operations & Facilities Manager, Development Control Subject: Request for Road Dedication By-law Owner: Direct Line Holdings One Corp. Part Lot 18, Con. 1, Pickering, being Part 1., 40R-26242 (Toy Avenue) File: Roadded.516 On December 17, 2009 the owner herein entered into a Site Plan Agreement with the City respecting the additional development of 1070 Toy Avenue. One of the conditions of that Site Plan Agreement was for the owner to convey a portion of its lands for turning circle purposes (Part 1, Plan 40R-26242). As the owner has now conveyed the turning circle lands to the City, it is appropriate to dedicate it as public highway. Attached are a location map and a draft by-law for the consideration of City Council at its meeting scheduled for May 17, 2010. DB:bg JMocumentsTrop & DMROADDED1.4EM516 ToyWemo to Debbie April 10.doc _ Attachments 122 a d COURT c~ z w Y COURT a 40'1 N'ONW F~ SUBJE ° LAND O C z O w SOP Q PLUMMER STREET QUARTZ ST. Y U O ct~ M } O BAYLY STREET F-1 City of Pickering Planning & Development Department PROPERTY DESCRIPTION Part Lot 18,ConceSSlon 1, being Part 1, 40R-26242 OWNER City of Pickering DATE APR. 21, 2010 DRAWN BY JB FILE No. Roadded. # 516 SCALE 1:5000 CHECKED BY DB oTero el cEn[erprises Inc. ,r d its suppliers. All rights Reserved. Not a pion of ,s„r..ey. PN-4 2005 MPAC and ila suppliers. All ri hls Re servetl. Not c plan of Survey. 1 2 3 The Corporation of the City of Pickering By-law No. Being a by-law to dedicate that part of Lot 18, Concession 1, Pickering, designated as Part 1, Plan 40R-26242, as public highway. Whereas The Corporation of the City of Pickering is the owner of that part of Lot 18, Concession 1, Pickering, designated as Part 1, Plan 40R-26242 and wishes to dedicate it as public highway. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That part of Lot 18, Concession 1, Pickering, designated as Part 1, Plan 40R-26242 is hereby dedicated as public highway (Toy Avenue). By-law read a first, second and third time and finally passed this 17th day of May, 2010. David Ryan, Mayor Debbie Shields, City Clerk Roadded.516 CLtq O~ 1 2 4 PICKERI Memo To: Debbie Shields April 27, 2010 City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, Planning & Development Subject: Request for Part Lot Control By-law Owner: E. Raponi Part of Lots 1, 2 and 3, Plan 40M-1918 (Parts 6, 7, 8, 9 and 10, 40R-19416) File: 40M-1918.2 The above-noted lands are being developed in accordance with the appropriate Subdivision Agreement and Zoning By-law in such a manner to allow the realignment of lot lines within Plan 40M-1918. In 2003, By-law 6086/03 was enacted to exempt the lots within Plan 40M-1918 from the part lot control provisions of the Planning Act however, that by-law expired prior to the above-noted lots being transferred into separate ownership. The City has received another request from the developer for the enactment of a part lot control by-law for Part of Lots 1, 2 and 3, Plan 40M-1918, designated as Parts 6, 7, 8, 9 and 10, Plan 40R-19416 (location map attached) as it is anticipated these will close within one year. This by-law, which will remain in effect until May 17, 2011, is attached for the consideration of City Council at its meeting scheduled for May 17, 2010. DB:bg J1DocumentstPiop 8 Dev\PLC\se640M-1918\Memo to Debbie2010Lots1,2,3.doc Attachments 125 - ~ W ~ w U O w z WESTCREEK w Q w > TT WE-5 TCRE o PUBLIC SC PROHILL ST. 0 O O I SUBJECT PART 6,40R-194N 7 LOTS $ PART 7,40R-19416 z STREET O 40MOP S 1918 1 PART 10, 40R-19416 PART 8 & 9 1 O O Q z wn c > 0 LLJ w ~O > o O cn O O WILL City of Pickering Planning & Development Department PROPERTY DESCRIPTION PT LOTS 1-3, 40M-1918,BEING PARTS 6-10,40R-19416 OWNER E. RAPONI DATE APR. 27, 2010 DRAWN BY JB FILE No. PART LOT CONTROL SCALE 1:5000 CHECKED BY DB H ro oT--t En[erpri- Int. and it, a.ppliar,. All right, Reaarva d. Not a plan of --y. PN-10 20105 MPAC -d it, ,.ppl-.. All right, Ra„rued. Not o plan of Survey. 126 The Corporation of the City of Pickering By-law No. Being a by-law to exempt Part of Lots 1, 2 and 3, Plan 40M-1918, being Parts 6, 7, 8, 9 and 10, Plan 40R-19416 from part lot control. Whereas pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990, chapter P.13, the Council of a municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to the lands described as follows: • Part Lot 1, Plan 40M-1918, being Parts 9 and 10, Plan 40R-19416 • Part Lot 2, Plan 40M-1918, being Parts 7 and 8, Plan 40R-19416 • Part Lot 3, Plan 40M-1918, being Part 6, Plan 40R-19416 2. This By-law shall remain in force and effect from the date of the. passing of this By-law and shall expire on May 17, 2011. By-law read a first, second and third time and finally passed this 17th day of May, 2010. t~ N, i Ft David Ryan, Mayor Debbie Shields, City Clerk 127 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to repeal Referendum By-law No. 7019/10 WHEREAS, the Council of the Corporation of the City of Pickering passed By- law No. 7019/10 to submit a question to the electors at the next regular municipal election; AND WHEREAS, at a meeting of Council dated April 19th, 2010, the Council of the Corporation of the City of Pickering approved a motion to remove the question from the ballot after concerns by residents that the question was not clear; i NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: REPEAL OF EXISTING BY-LAW 1. Referendum By-law No. 7019/10 is repealed. EFFECTIVE DATE 2. This by-law shall come into force and take effect on the day of the final passing thereof. BY-LAW read a first, second and third time and finally passed this 17th day of May, 2010. David Ryan, Mayor Debbie Shields, City Clerk City o~ 1 2 8 TICKERING Memo To: Debbie Shields May 7, 2010 City Clerk From: Denise Bye Supervisor, Property & Development Services copy: Director, Planning & Development Division Head, Engineering Services Division Head, Operations & Facilities Manager, Development Control Subject: Request for Road Dedication By-law Developer: 946037 Ontario Limited Blocks 13 to 18, Plan 40M-2402 (Wingarden Crescent / Shade Master Drive) File: Roadded.518 When the above-noted plan was registered, Blocks 13 to 18 were conveyed to the City for turning circle purposes. As the road works within this plan have been constructed to standards sufficient to permit public access, the required dedication should be made. Attached are a location map and a draft by-law for the consideration of City Council at its meeting scheduled for May 17, 2010. DB:bg JA)ocumentsTrop & Dev\ROADDED\SEC\518 Winganlen Shade Mastememo to Debi 2010.doc Attachments 129 W Of W ET J Q o 0 CY _ MCOURT O M ~ W ~ M W U D Q a ~ N VOYAGER It AV BONITA AVENUE UFF N BO lTA - PA Q Cl~~ w or = O a L o Q °O z STROUDS LANE -j L a W WINGARDEN CRESCENT D M DR V ffR DGEROW PL. Ilk, F-C CK13& 1 Q 0 0 Q 0 LOCK 15& 16 ooK ° ° > W J d J a = Q UERITE YS HM Y Q 2 Q ~F OEN CRESCENT GOLDENRIDGE JACQUELINE P WELRUS STREET o O ~ U W < U A ~ D Q d c 'IT ° a° N RUSHTON ROAD SPRUCE City of Pickering Planning & Development Department PROPERTY DESCRIPTION Blocks 13 to 18, 40M-2402 OWNER City of Pickering DATE May 6, 2010 DRAWN BY JB - At FILE No. Roadded. 518 SCALE 1:5000 CHECKED BY DB aTerone lrCEnlerprise. Inc. and its suppliers. All rights Reserved. Not. plan or survey. PN-7 2 M,.A. gntl its suppliers. All right. Reserved. Not a plan pf Survey. The Corporation of the City of Pickering 130 By-law No. Being a by-law to dedicate Blocks 13 to 18, Plan 40M-2402, Pickering, as public highways. Whereas The Corporation of the City of Pickering is the owner of Blocks 13 to 18, Plan 40M-2402, Pickering and wishes to dedicate them as public highways. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Blocks 13 to 16, Plan 40M-2402, Pickering, are hereby dedicated as public highway. (Shade Master Drive) 2. Blocks 17 and 18, Plan 40M-2402, Pickering, are hereby dedicated as public highway. (Wingarden Crescent) By-law read a first, second and third time and finally passed this 17th day of May, 2010. David Ryan, Mayor " Debbie Shields, City Clerk Roadded.518 Caq D~ PICKERING Memo 131 To: Mayor Ryan and May 17, 2010 Members of Council From: Debbie Shields City Clerk Copy: Chief Administrative Officer Subject: 2010 Municipal Election By-law for Advance Votes - File:. A-2000-001 Further to the passing of By-law 7025/10, (attachment #1) being a by-law to provide for advance votes please find attached an amending by-law (attachment #2)for advance voting. Through the election process it has come to the City Clerk's attention that it would be more efficient to have two set times instead of four for advance voting. The number of hours for advance voting has not changed it has just been standardized. Therefore the City Clerk is suggesting that By-law 7025/10 be repealed and that the attached draft by-law be passed by Council. Debbie Shields City Clerk Attachment f'UCH14FENtI-#_,1 132 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 7025/10 Being a by-law to provide for advance votes to be held prior to the 2010 Voting Day. Whereas Section 43(1) of the Municipal Elections Act, 1996, S. 0., provides that a municipal Council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. An advance vote shall be held on Friday, October 15, 2010 between the hours of 3:00 pm and 8:00 pm at.the Picke'ring Civic Complex, One The Esplanade. 2. A second advance vote shall be held on Saturday, October 16, 2010 between the hours of 10:00 am and 6:00 pm at the Pickering Civic Complex, One The Esplanade. 3. A third advance vote shall be held on Monday, October 18, 2010 between the hours of 3:00 pm and 8:00 pm at the Pickering Civic Complex, One The Esplanade. 4. A fourth advance vote shall be held on Tuesday, October 19, 2010 between the hours of 10:00 am and 8:00 pm at the Pickering Civic Complex, One The Esplanade. BY-LAW read a first, second and third time and finally passed this 16th day of February, 2010. David Ryan, Mayor Debbie Shields, City Clerk CORP0223-07/01 133 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /10 Being a,by-law to provide for advance votes to be held prior to the 2010 Voting Day. Whereas Section 43(1) of the Municipal Elections Act, 1996, S. 0., provides that a municipal Council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. An advance vote shall be held on Friday, October 15, 2010 between the hours of 12:00 pm and 6:00 pm at the Pickering Civic Complex, One The Esplanade. 2. A second advance vote shall be held on Saturday, October 16, 2010 between the hours of 12:00 pm and 6:00 pm at the Pickering Civic Complex, One The Esplanade. 3. A third advance vote shall be held on Monday, October 18, 2010 between the hours of 12:00 pm and 8:00 pm at the Pickering Civic Complex, One The Esplanade. 4. A fourth advance vote shall be held on Tuesday, October 19, 2010 between the hours of 12:00 pm and 8:00 pm at the Pickering Civic Complex, One The Esplanade. 5. That By-law 7025/10 is repealed. BY-LAW read a first, second and third time and finally passed this 17th day of May, 2010. David Ryan, Mayor Debbie Shields, City Clerk THE CORPORATION OF THE CITY OF PICKERING 134 BY-LAW NO. 7050/10 Being a by-law to appoint By-law Enforcement Officers for the Purpose of Enforcing Parking Restrictions on Private Property WHEREAS pursuant to section 15(I) of the Police. Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. That the following people be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1345 Altona Road, 905 Bayly Street, 1915 & 1945 Denmar Road, 1310 Fieldlight Blvd., 1655 & 1665 Pickering Parkway, 1235 Radom Street,. 1995 Royal Road and 1100 Begley Street David Kenny Richard Salmon Piero Guido b) 1330 Altona Road & 400 Kingston Road Mark Layne 2. The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. 3. This appointment shall expire upon the person listed in section 1 a) ceasing to be an employee of Authorized Parking or upon Authroized parking ceasing to be agents for 1345 Altona Road, 905 Bayly Street, 1915 & 1945 Denmar Road, 1310 Fieldlight Blvd., 1655 & 1665 Pickering Parkway, 1235 Radom Street,. 1995 Royal Road and 1100 Begley Street, and 1 b) ceasing to be an employee of Nemesis Security or upon Nemesis Security ceasing to be agents for 1330 Altona Road & 400 Kingston Road, whichever shall occur first. 135 By-law No. 7050 /10 Continued Page 2 4. The provisions of this by-law shall come into force and take effect on the day of the final passing thereof. BY-LAW read a first, second and third time and finally passed this 17th day of May, 2010. David Ryan, Mayor Debbie Shields, City Clerk 136 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to repeal the appointment of Thomas J. Quinn as the Chief Administrative Officer WHEREAS, the Council of the Corporation of the City of Pickering passed By- law No. 5423/98 establishing the Office of the Chief Administrative Officer and appointing Thomas J. Quinn as the Chief Administrative Officer; AND WHEREAS, Thomas J. Quinn retires effective May 31, 2010; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: REPEAL OF SECTION 3 OF EXISTING BY-LAW 1. That Section 3 of By-law No. 5423/98 appointing Thomas J. Quinn as. Chief Administrative Officer is repealed. EFFECTIVE DATE 2. This by-law shall come into force and take effect on June 1, 2010. BY-LAW read a first, second and third time and finally passed this 17th day of May, 2010. I, David Ryan, Mayor Debbie Shields, City Clerk Cif o¢~ Committee of Adjustment Meeting Minutes e =-~W Wednesday, April 7, 2010 PLIB" M FIRNG 7:00 pm Main Committee Room PRESENT: Kevin Ashe David Johnson Chair Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Susan Kular (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, April 7, 2010 meeting be adopted. CARRIED UNANIMOUSLY (11) ADOPTION OF MINUTES Moved by Keith Wilkinson Seconded by Kevin Ashe That the minutes of the 4th meeting of the Committee of Adjustment held Wednesday, March 17, 2010 be adopted. CARRIED UNANIMOUSLY 1 Citq co - Committee of Adjustment Meeting Minutes Wednesday, April 7, 2010 PICKE ' 7:00 pm Main Committee Room (III) REPORTS Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 08/10 by S. Beninato, be moved to the first item on the agenda. CARRIED UNANIMOUSLY 1. P/CA 08/10 - S. Beninato 603A Liverpool Road (Part Block 3, Plan 40M-2149, Part 9, 10 40R-22918) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5938/02 to permit a commercial school use to be located below the ground floor of the dwelling having a maximum floor area of 46 square metres, whereas the by-law permits non-residential uses within this zoning to be operated only within the ground floor. The applicant requests approval of this variance in order to obtain a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were received from the City's Senior Building Examiner advising the buildings were originally constructed and approved as residential townhouses with unfinished basements, building permits were issued to authorize limited ground floor commercial use and below ground floor storage conversions, commercial use below ground floor would not be barrier-free accessible, to obtain a building permit, a design would have to address serious building code requirements, it may be difficult or impractical to come up with a building code compliant design for this proposal and no relief is available for minimum building code standards. 2 Citqoo Committee of Adjustment *1 Agg, Meeting Minutes Wednesday, April 7, 2010 7:00 pm Main Committee Room Written comments were received from Architectural Glass & Metal Contractors Association of 619 Liverpool Road opposed to the application submitted and expressed there is limited public parking to accommodate such commercial use. Debbie Broomer, agent, was present to represent the application. Janice Simonds of 605 Liverpool Road and Sandy Schofield of 601 Liverpool Road were present in objection to the application. Correspondence received by Debbie Broomer advising the Committee she is exploring other avenues and would like the application to be tabled. Moved by Eric Newton Seconded by Keith Wilkinson That application P/CA 08/10 by S. Beninato, be Tabled to allow the applicant to explore other avenues. CARRIED UNANIMOUSLY 2. P/CA 06/10 - W. & N. Neill 1897 Woodview Avenue (Part Lot 24, Plan 329, Blocks 45, Part Block 44, Plan 40M1700) (Part 2, 3, 4, 40R17588) City of Pickering The applicant requests relief from Zoning By-law 3036 to permit a lot frontage of 24.5 metres, a lot area of 1,405 square metres, a rear yard depth of 7.5 metres, a side yard width of 2.6 metres and a lot coverage of 18 percent whereas the by-law requires a minimum lot frontage of 60 metres, a minimum lot area of 8,000 square metres, a minimum rear yard depth of 12 metres, a minimum side yard width of 3.0 metres and a maximum lot coverage of 10 percent. The applicant requests approval of this variance in order to obtain zoning compliance for a proposed land severance. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were received from Councillor Rick Johnson in support of the application. .3 Cif o¢~ Committee of Adjustment Meeting Minutes - Wednesday, April 7, 2010 nT 7:00 pm Main Committee Room Written comments were received from Kevin Cahill of 1425 Sandhurst Crescent expressing no objections. Written comments were received from Fatim Basse of 1827 Nordane Drive and Fazal Mabood at 1829 Nordane Drive opposed to the application if Nordane Drive is to be opened up and the construction of a road to allow for a frontage for the severed lot. Written comments were received from Grant Morris of Grant Morris Associates Ltd. providing a history on the development which currently exists along Nordane Drive. Grant Morris also noted they have questions on some of the variances being applied for they do not consider them to be significant and therefore has no objections to the application. William & Nancy Neill, owners, were present to represent the application. Joseph Hayworth of 1413 Sandhurst Crescent was present to obtain additional information on the application. William Neill explained the application. In response to questions from a resident, he explained there is no potential buyer right now, no current plans to develop the proposed severed parcel and may sell off the property in the future. Joseph Hayworth requested information on the future plans for the proposed severed lots and was opposed to any development that did not fit in with the neighbourhood. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 06/10 by W. & N. Neill, be Approved on the grounds that the proposed lot frontage of 24.5 metres, a lot area of 1,405 square metres, a rear yard depth of 7.5 metres, a side yard width of 2.6 metres and a lot coverage of 18 percent are minor variances that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the existing building, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant submits a registered reference plan as part of a future land severance application outlining the dimensions of the existing dwelling and the proposed new lot. 4 Cif o¢~ Committee of Adjustment Meeting Minutes Wednesday, April 7, 2010 I 7:00 pm Main Committee Room 3. That the applicant obtains final clearance for a future land severance by December 30, 2011, or this decision shall become null and void. CARRIED UNANIMOUSLY 3. P/CA 07/10.- P. Wobbe & J. Davis 1250 St. Martins Drive, Unit 21 (Part of Block Y, Plan M16, Part 21,151, 40R-25699) City of Pickering The applicant requests relief from Zoning By-law 2520, as amended by By-law 6705/06 to permit a rear yard depth of 3.5 metres and side yard widths of 0.6 metres to a proposed raised rear yard deck whereas the by-law requires a minimum rear yard depth of 5.0 metres and a minimum side yard width of 1.2 metres. The applicant requests, approval of these variances in order to obtain a building permit. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were also received from Derek Rozen of 1250 St. Martins Drive in support of the application. Paul Wobbe & Julie Davis, owners, were present to represent the application. No further representation was present in favour of or in objection to the application. Paul Wobbe submitted a response to the Committee of Adjustment report along with pictures of the subject property. Paul Wobbe outlined that the proposed raised rear yard desk will make the amenity space more usable, the townhouse block was developed with lighting and electrical outlets on the second storey and this would allow individual owners to erect a raised rear yard deck in the future and noted that appropriate buffer space will be maintained. 5. Citq Committee of Adjustment Meeting Minutes Wednesday, April 7, 2010 7:00 pm Main Committee Room Moved by Keith .Wilkinson Seconded by Kevin Ashe That application P/CA 07/10 by P. Wobbe & J. Davis, be Deferred until the next meeting in order to give the Committee Members an opportunity to visit the site. CARRIED UNANIMOUSLY 4. P/CA 09/10 - M. Sauter 562 West Shore Blvd. (North Part Lot 2, Plan 311) City of Pickering The applicant requests relief from Zoning By-law 2511 to permit a front yard depth of 4.8 metres to a new deck, whereas the by-law requires a minimum of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit and" zoning compliance. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Mark Sauter, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Kevin Ashe Seconded by Eric Newton That application P/CA 09/10 by M. Sauter, be Approved on the grounds that the front yard depth of 4.8 metres to a new deck to be a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the new deck, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by April 7, 2011 or this decision shall become. null and void. CARRIED UNANIMOUSLY 6 Committee of Adjustment Meeting Minutes Wednesday, April 7, 2010 7:00 pm Main Committee Room (IV) ADJOURNMENT Moved by Keith Wilkinson Seconded by Eric Newton That the 5th meeting of 2010 the Committee of Adjustment be adjourned at 7:32 pm and the next meeting of the Committee of Adjustment be held on Wednesday, April 28, 2010. CARRIED UNANIMOUSLY 4" .Dale 1 Chair Assistant Secretary-Treasurer 7 Czrq 0¢ Minutes Heritage Pickering Advisory Committee i i April 20, 2010 P~ ~KERIN 7:00 pm Main Committee Room Attendees: Rhonda Lawson, Vice Chair Councillor Johnson Terence Arvisais Keith Falconer Wickham Jamadar Rey Moreno Peter Rodrigues Isa James, Planner II L. Roberts, Recording Secretary Absent: Joanne Glasser Margaret Woods Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Welcome RL W. Jamadar, Acting Vice Chair welcomed everyone to the meeting. 2.0 Approval of Minutes All Moved by K. Falconer Seconded by R. Moreno That the minutes of the March 23, 2010 meeting be approved as amended. [Correction was made to name spelling on Item 3.3 on page 2] CARRIED 3.0 New and Unfinished Business - All 3.1 Heritage Permit Application Review 425 Whitevale Road W. Jamadar introduced Richard Gosling, who appeared before the Committee with respect to his heritage permit application for 425 Whitevale Road. Page 1 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) Mr. Gosling provided the Committee with an overview of the application, noting that all site plan and zoning approvals had been received. He noted the long history of the Mill, indicating the plans were revised to enable them to use reclaimed brick to be more in keeping with the original building. He provided the Committee with a copy of the revised plan. He stated the plans for the building are for a Bed and Breakfast including a medical health spa and retail. He noted they are ready to start immediately. 1. James provided background information with respect to the application. She noted that the structure is not a designated heritage building, but is located within the Whitevale Heritage District. She noted the revised plans which the applicants were proposing would be a significant improvement. A discussion period ensued. I. James indicated she would stay in touch with the applicants and discuss the permit application I. James to action process with T. Moore. The Committee members reviewed the plans that were presented and it was the general consensus to reserve comments until such time as the completed plans are available to view. The Committee was in agreement that the application was going in the right direction. It was also noted that pictures I. James to action would be helpful. 3.2) Work Plan and Inventory Work Discussion Update Bi-Centennial Project Work The Committee reviewed the work plan and R. Lawson indicated she had made revisions as directed from the previous meeting and had forwarded the revised Work Plan to the membership. Some additional revisions were recommended respecting timelines for designations. R. Lawson asked for feedback respecting the possibility of doing the designations this year and the following was noted; • Revise dates for designation process to reflect the timelines • Bi-Centennial - Doors Open - need to coordinate dates with Katrina at the Pickering Museum - R. Lawson will provide contact information • School Presentations - need to get a project plan • R. Lawson requested subcommittees to report at each general meeting of Heritage Pickering • I. James provided an update on her meeting with Page 2 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) Markham regarding their use of the Amanda system, which she noted will be recommended for Pickering • R. Lawson has started work on the binders 3.3) Evaluation System for Heritage Designations Discussion ensued with respect to the worksheets to be used for evaluation purposes. Packages had been distributed to the members with samples from Kitchener and Brampton. After review and discussion it was the consensus of the Committee to combine the City of Kitchener and the Ministry's template. The Committee was in agreement to keep it simple, cover all types of properties and have explanatory notes to help explain how you arrive at a score. Discussion took place regarding a field trip. 1. James noted she had a number of brochures as well as an I. James to action exterior recording training manual and that she would look into having them photocopied for the members. R. Lawson noted she would prepare an evaluation form in R. Lawson to action consultation with Bert Duclos and bring it back to the Committee at the next meeting for final approval. 3.4) Review of Designation Process The Committee reviewed the designation process which is listed on page 34 of the "Designated Heritage Properties" in the tool kit. They reviewed the steps involved and the importance of involving the property owners. A discussion period ensued and it was decided to continue to move ahead with the research of the properties for designation in order to make.a decision on which properties to prepare reports on. R. Lawson requested the members to bring their research findings to the next meeting. 3.5) Survey - Equity and Inclusive Education Policy Correspondence was received from the Durham District School Board seeking input on a draft Equity & Inclusive Education Policy. This correspondence was received for information, as the content of the survey does not directly relate to this Committee. Page 3 r Item / Details & Discussion & Conclusion Action Items/ Status Ref # (summary of discussion) (include deadline as appropriate) 3.6) Rogers Farm Update P. Rodrigues provided the Committee with an update on Rogers Farm. He noted he had been to the property and indicated that repairs had been started. The plastering of the ceiling appeared to be in keeping with the style of the period. He noted there was extensive interior restoration work required. 4.0 Correspondence All 4.1) Upcoming Pickering Earth Week Initiatives Correspondence was received from the City of Pickering with respect to Earth Week initiatives which are taking place the week of April 19-27, 2010. R. Lawson suggested we think about this for participation next year as art of the Committee's Bi-Centennial involvement. 5.0 Other Business 5.1) R. Lawson advised the Committee of upcoming public workshops regarding the Seaton Neighbourhood Plans. She encouraged members to attend the May 4, 2010 public workshop regarding Whitevale Road Heritage, stating that this should be of particular interest to the Committee as it will focus on the cultural heritage attributes of Whitevale Road. The meeting will take place at the Recreation Complex on Valley All Farm Road beginning at 7:15 pm. Anyone wishing to attend must pre-register with the Pickering Planning Department. 5.2) P. Rodrigues provided the Committee with an update with respect to a meeting he had attended regarding the Seaton community which was held at the Herongate Barn Theatre. He noted the major impact on the Whitevale community with all the upcoming major projects. 6.0 Adjournment/Next Meeting All Moved by K. Falconer Seconded by W. Jamadar That the meeting be adjourned. CARRIED The meeting adjourned at 9:05 pm Next Meetin : May 18, 2010 Copy: City Clerk Page 4 Ctrq o~ Minutes/Meeting Summary Sustainable Pickering Advisory Committee _ i April 28, 2010 PICKER! 2;00 pm CAO Boardroom Attendees: Doug Dickerson, City Councillor, Ward 2 (Chair) Jennifer O'Connell, City Councillor, Ward 1 (Vice-Chair) David Pickles, City Councillor, Ward 3 Tom Melymuk, Director, Office of Sustainability Lynn Winterstein, Manager, Marketing & Business Development Catherine Rose, Manager, Policy Kristy Kilbourne, (Acting) Coordinator, Sustainability Marla Shim, Executive Assistant, Council (Recording Secretary) Absent: Jack McGinnis - Durham Sustain Ability Item/ Details & Discussion & Conclusion Action Items/Status Ref # (summary of discussion) (include deadline as a ro riate 1. Sustainable Pickering Da /Earth Hour Event L. Winterstein reported that Sustainable Pickering Day/Earth Hour was a great success and partnering with Pickering Town Centre resulted in good cost savings for the City. Councillor Dickerson requested that a banner with a photograph of the Committee members be displayed at next year's event to assist the public in identifying members. K. Kilbourne advised that to date, a total of 422 people have registered for the Earth Hour Challenge, and a significant number of people were added to the Sustainable Pickering e- mail distribution list. Seventy-three City staff members registered to "Take the Challenge". A draw was held and the winner received an Earth Hour cake. On average, the Sustainable Pickering website receives 1,600 hits, but increased to 2,300 in March. The event was also posted on Facebook, Flickr and YouTube. i Councillor O'Connell suggested developing a Sustainable Staff to action. Pickering application for Smart phones. Pagel CORP0228-2/02 Councillor Pickles recommended checking with Durham Staff to action. College or University of Ontario Institute of Technology (UOIT) to ask if they might be able to do an application for us as a school project. 2. Measuring Sustainabili Report T. Melymuk and L. Winterstein advised that the Measuring Sustainability Report will be distributed mid-May, pending Committee Members' approval. Committee Members are asked to provide their comments by Friday, May 7, 2010. Councillor Dickerson requested that hard copies be provided to the Federation of Canadian Municipalities (FCM) and the Association of Municipalities of Ontario (AMO). To be more sustainable, it was agreed that the report would be Staff will look into the made available on USB sticks and that hard copies only be cost of purchasing 100 provided upon request. USB sticks. Discussion ensued and it was decided that a FAQ sheet (e.g. Staff to action. recycling facilities - drop-off for batteries, paint cans, etc.) will be added as a link to the Sustainable Pickering website. ''3. Marketing of,theRdport L. Winterstein informed Committee Members that once a date is confirmed, the Measuring Sustainability Report will be posted on the Sustainable Pickering website. The report will be promoted through the following: o Place an executive summary on the Sustainable Pickering . website and mention in the City's Fall tax insert o Advertise in a variety of newsletters, including Municipal Matters and the new Economic Development newsletter o Send a-post card to Ajax-Pickering Board of Trade, Altona Forest Stewardship Committee, etc. o Place community page ads in local newspapers o Engage schools by providing the report to encourage their participation o Encourage staff to distribute through email o Send to Sustainable Pickering contributors and ask that they distribute to their staff o Place notice of website on banners in the Civic Complex, Recreation Complex and libraries The indicators will be monitored approximately every two years in order to keep track of progress beyond the benchmark base. Page 2 CORP0228-2/02 4. Community Survey T. Melymuk advised that the pre-test of the Community Survey is complete. The feedback received from pre-test participants is that the survey is too detailed and contains too many questions. The survey will be amended accordingly. 5. Partners for Climate Protection Report T. Melymuk informed Committee Members that a report. providing an update on the City's Partners for Climate Protection program will be forwarded to the June 14th Executive Committee meeting. 6. Sustainable Development Guidelines T. Melymuk advised that staff from Planning & Development and the Office of Sustainability are starting work on Version 2 of the City's Sustainable Development Guidelines. Staff will be examining the merits of using LEED-ND as a basis for the new version of the Guidelines. Consultants currently working for the City on the Seaton Neighbourhood Planning review are extremely familiar with the LEED-ND program and may be able to provide some assistance in this regard. (Dan Leeming of The Planning Partnership). Staff will provide Dan Leeming's bio to Committee Members C. Rose to action. and try to arrange for Dan to attend the next Committee meeting in order to provide information on LEED-ND. 7. Other Business K. Kilbourne informed members that the City will be participating in Energy Conservation Week being held towards the end of May. It is being organized by the Ontario Power Authority (OPA) and the theme is "The Power Pledge". Staff will approach IT with regards to having a laptop for the Challenge as part of the display. 8. Next Meeting To be determined. Meeting Adjourned: 3:25 pm Copy: City Clerk Page 3 CORP0228-2/02 City o~ Minutes / Meeting Summary iii Accessibility Advisory Committee _ 1 i Wednesday, April 28, 2010 I KERIN 7:00 pm CAO Boardroom Attendees: Keith Falconer, Chair Councillor Littley Terence Arvisais Gwelda MacDonald-Tuttle Aisha Natifa-Heywood Marilyn Wallace Susan Wilkinson Stephanie Wilson Prem Noronha-Waldriff Lisa Harker, Recording Secretary Absent: Stephen Little, Co-Chair Item / Details Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Welcome K. Falconer welcomed everyone to the meeting. 2.0. Adoption of Minutes - March 24, 2010 All Moved by Councillor Littley Seconded by T. Arvisais That the minutes of the March 24, 2010 meeting be adopted. i CARRIED 3.0 Accessible 2010 Municipal Election Procedures LH i L. Harker provided an overview of the draft Accessible 2010 Municipal Election Procedures and advised the Committee that the City Clerk is seeking approval of the procedures prior to the All members to action election. A question and answer period ensued. L. Harker advised the Committee that they may review the procedures and provide her with any comments. The Procedures will be coming. back to the Committee for approval on May 26rn Page 1 CORP0228-2/02 4.0 CNIB Presentation All Two representatives from the CNIB appeared before the Committee to provide them with an overview of what the CNIB is and what they do. They showed the Committee their website and described the "Accessibility Consulting Unit" and its responsibilities. The representatives also provided an overview of available workshops, courses and consulting services. A question and answer period ensued. 5 0 2009; Annual Re oit 12010 Work Ian Update KF G. MacDonald Tuttle and K. Falconer provided an overview of the PAAC's presentation to Council on the 2009 Annual Report and 2010 Workplan Update. K. Falconer advised the Committee that the presentation was a success and thanked members that attended the .meeting. 6:0 'Accessibility Awareness Event All K. Falconer advised the Committee that the Accessibility Awareness Event was originally set for October 2, 2010 but that due to the upcoming municipal elections, the event has been postponed to April or June 2011. P. Noronha-Waldriff to P. Noronha-Waldriff to confirm a date that the Pickering Town Centre is available for action this event. P. Noronha-Waldriff suggested that once the date for the event is set, that members reserve one hour in each meeting dedicated to planning this event. The Committee should start All members to action brainstorming a list of speakers to attend the event. The Committee will also place advertisements in the Community Page to ask organizations to attend the event. 7.0 Site Plan Review All S. Little will review the site plans and provide comments to the Planning & Development Department on the Committee's S. Little to action behalf. 8."0 Other Business &'-Adjournment All, 8.1. P. Noronha-Waldriff distributed flyers and posters for the upcoming Regional Accessibility Expo taking place on June 17th 8.2. Business brochure - G. MacDonald Tuttle to revise the G. MacDonald-Tuttle Page 2 CORP0228-2/02 business brochure to a one-page handout. to action 8.3. P. Noronha-Waldriff to create a standard Power Point P. Noronha-Waldriff to presentation for the Committee to take to their community action events. 8.4. S. Wilkinson updated the Committee on the outcomes of a letter she had sent to the City discussing various accessibility issues in Pickering. The response received from the Region of Durham on traffic signal control timings was that there was no reason to look at the issue right now. The issue of curb cuts at the mall and the parking lot at Loblaws are still being addressed by the City's By-law Enforcement Services. 8.5. P. Noronha-Waldriff advised the Committee of an individual who contacted her regarding issues with barriers at a local rehabilitation centre. P. Noronha-Waldriff contacted the City's Chief Building Official, who suggested that the PAAC write a letter to the organization gently lobbying them to make changes. L. Harker to advise the Committee on the L. Harker to action process for the Committee issuing letters to organizations. 8.6. K. Falconer advised the Committee that April 28th is the "Day of Mourning" and that this day draws attention to the importance of safety in the workplace. 8.7. Councillor Littley asked if Grant McGregor, Principal P. Noronha-Waldriff to Planner - Policy could be invited to attend the May meeting action to discuss the new downtown. Moved by Councillor Littley Seconded by G. MacDonald Tuttle That-the meeting be adjourned. CARRIED 9.0 Next Meeting All The next meeting has been scheduled for May 26, 2010. Meeting Adjourned: 9:20 pm Copy: City Clerk Page 3 CORP0228-2/02