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HomeMy WebLinkAboutMay 14, 2012 Ctrs o¢~ Executive Committee Meeting Agenda Monday, May 14, 2012 PICKERING Council Chambers 7:30 pm Chair: Councillor McLean . (1) Matters for Consideration Pages 1. Chief Administrative Officer's Report, CAO 06-12 1-65 By-law to Govern the Proceedings of Council, any of its Committees, the Conduct of its Members and the Calling of Meetings Recommendation 1. That Report CAO 06-12 respecting a by-law to govern the proceedings of Council be received; and 2. That the attached draft Council Rules of Procedure By-law be enacted by Council. 2. Chief Administrative Officer's Report, CAO 10-12 66-73 Park Vendor Permits Recommendation 1. That Report CAO 10-12 of the City Solicitor regarding the issuance of Park Vendor Permits be received; 2. That a Park Vendor Permit be issued to Donkey Kone Inc. for Kinsmen Park, in accordance with RFP 2-2012; 3. That the attached draft by-law setting out the procedures for the issuance of Park Vendor Permits, be enacted; and 4. That the City Clerk be authorized to issue Park Vendor Permits to future applicants on a "first applied, first issued" basis. 3. Chief Administrative Officer's Report, CAO 11-12 74-81 Licensing Private Property Parking Enforcement Officers Accessible For information related to accessibility requirements please contact P I C K E P N G Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Irobertsemickerina.ca Citq oo Executive Committee Meeting Agenda _ Monday, May 14, 2012 PICKERING Council Chambers 7:30 pm Chair: Councillor McLean Recommendation 1. That Report CAO 11-12 respecting the licensing of private property parking enforcement sites, contractors and officers be received; 2. That the attached draft by-law amending Traffic and Parking By-law 6604/05 to provide regulations for the licensing and appointment of officers to enforce the Traffic and Parking By-law on private property be adopted; and; 3. That the City Clerk be authorized to: (i) appoint licensed private property parking enforcement officers for private property parking enforcement, (ii) implement conditions for licensing and associated fees and (iii) implement private property parking enforcement policies and procedures. 4. Director, Community Services, Report CS 18-12 82-91 Tender T-3-2012 - Tender for Dehumidification Upgrade at Pickering Recreation Complex Arena Recommendation 1. That Report CS 18-12 of the Director, Community Services regarding the Dehumidification Upgrade at the Pickering Recreation Complex Arena be received; 2. That Tender No. T-3-2012 submitted by Climate Control Division of Toromont Industries Ltd. in the amount of $281,370.00 (HST included) and a net cost of $253,382.40'be accepted; 3. That the total gross project cost of $315,270 (HST included), including the tender amount and other associated costs, and the total net project cost of $283,910 (net of HST rebate), be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project by transferring $283,910 from the Federal Gas Tax Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. City o0 Executive Committee Meeting Agenda Monday, May 14, 2012 PICKERING Council Chambers 7:30 pm Chair: Councillor McLean 5. Director, Community Services, Report CS 19-12 92-103 Tender No. T-4-2012 -Tender for the Esplanade Park Walkway and Lighting Replacement Recommendation 1. That Report CS 19-12 of the Director, Community Services regarding Tender No. T-4-2012 for the Esplanade Park Walkway and Lighting Replacement be received; 2. That Tender No. T-4-2012 submitted by TBG Landscape Inc., in the total tendered amount of $239,955.90 as the Base Bid for the Esplanade Park Walkway and Lighting Replacement, and $32,594.40 as the Separate Price Schedule for the Valley Farm Road Sidewalk, for a total of $272,550.30 (HST included) and a net cost of $245,439.99 be accepted; 3. That the total gross project cost of $385,176 (HST included) and a net project cost of $346,863 (net of HST rebate) including the total tendered amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to fund the project as follows: a) the sum of $300,000 as provided for in the 2012 Capital Budget be increased to $314,967 and to be funded from the Parkland Reserve Fund and ; b) the additional sum of $31,896 for the reconstruction of the sidewalk on Valley Farm Road to be funded from Federal Gas Tax Reserve Fund; and 5. Further. that the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto 6. Director, Community Services, Report CS 25-12 104-117 Tender No. T-11-2012 -Tender for Roof Replacements at Don Beer Arena - Rink 1 and Greenwood Community Centre Recommendation ;Citq oo Executive Committee Meeting Agenda _ Monday, May 14, 2012 PICKERING Council Chambers 7:30 pm Chair: Councillor McLean 1. That Report CS 25-12 of the Director, Community Services regarding the Roof Replacements at the Don Beer Arena - Rink 1 and Greenwood Community Centre be received; 2. That Tender No. T-11-2012 submitted by T. Hamilton & Son Roofing Inc. in the amount of $507,709.00 (HST included) and a net cost of $457,207.68 be accepted; 3. That the total gross project cost of $559,689 (HST included) and a net project cost of $504,017 (net of HST rebate), 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 $420,000, as provided for in the 2012 Don Beer Arena Capital Budget to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed ten years at a rate to be determined; b) the balance amount of $4,950 to be funded from property tax; c) the sum of $79,067, as provided for in the 2012 Community Centres Capital Budget be funded from Federal Gas Tax Reserve Fund; d) the annual repayment charges in the amount of approximately $48,600 be included in the annual Current Budget for the City of Pickering commencing 2013, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; e) the Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to give effect to the foregoing; and 5. That the draft by-law attached to this report be enacted; and 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. Ctrl o¢~ Executive Committee Meeting Agenda Monday, May 14, 2012 PICKERIN Council Chambers 7:30 pm Chair: Councillor McLean 7. Director, Community Services, Report CS 26-12 118-124 Supply & Delivery of One Telescopic Boom Excavator -2012 Gradall XL4100-IV 6 X 4 Hydraulic Excavator Recommendation 1. That Report CS 26-12 of the Director, Community Services regarding the supply and delivery of One Telescopic Boom Excavator be received; 2. That Quotation No. GR12-0031 dated April 12, 2012, as submitted.by Amaco Equipment for the supply and delivery of One Telescopic Boom Excavator in the amount of $340,560.00 (HST extra) be accepted; 3. That the total gross cost of $384,832 (HST included) and a net cost of $346,554 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows as provided for in the 2012 Capital Budget; a) that the sum of $345,000 be financed by the issue of debentures through the Regional Municipality of Durham for a period not exceeding five years, at a rate to be determined; b) that the balance of $1,554 plus issuing costs be funded from property taxes or other revenues available to theTreasurer; c) that the financing and repayment charges in the amount of approximately $74,260 be included in the annual Current Budget for the City of Pickering commencing in 2013 and continuing thereafter until the loan is repaid and any financing cost be paid out of the current budget; d) that the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions or take any actions necessary in order to effect the foregoing; 5. That the draft by-law attached to this report be enacted; and 6. Further that the appropriate City of Pickering Officials be authorized to take necessary action to give effect hereto. Executive Committee Meeting Agenda Monday, May 14, 2012 PICKERING Council Chambers 7:30 pm Chair: Councillor McLean 8. Director, Corporate Services & Treasurer, Report CST 09-12 125-134 Cash Position Report as at December 31, 2011 Recommendation It is recommended. that report CST 09-12 regarding the 2011 year end cash position from the Director, Corporate Services & Treasurer be received for information. 9. Director, Corporate Services & Treasurer, Report CST 10-12 135-140 2012 Annual Repayment Limit for Debt and Financial Obligations Recommendation That Report CST 10-12 of the Director, Corporate Services & Treasurer regarding the 2012 Annual Repayment Limit for Debt and Financial Obligations be received for information. 10. Director, Corporate Services & Treasurer, Report CST 11-12 141-148 Development Charges Reserve Fund - Statement of the Treasurer for the Year Ended December, 2011 Recommendation That Report CST 11-12 of the Director, Corporate Services & Treasurer respecting the Development Charges Reserve Fund be received for information. 11. Director, Corporate Services & Treasurer, Report CST 12-12 149-150 2011 Building Permit Stabilization Reserve Fund Recommendation That Report CST 12-12 from the Director,. Corporate Services & Treasurer regarding the 2011 Building Permit Stabilization Reserve Fund be received for information. 12. Director, Corporate Services & Treasurer, Report CST 13-12 151-157 2012 Tax Rates and Final Tax Due Dates for All Realty Tax Classes Except for Commercial Industrial & Multi-Residential Realty Classes o~ Executive Committee Meeting Agenda Monday, May 14; 2012 PI CKERING Council Chambers 7:30 pm Chair: Councillor McLean Recommendation 1. That. Report CST 13-12 of the Director, Corporate Services & Treasurer regarding the 2012 tax rates be received; 2. That the 2012 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 27, 2012 and September 27, 2012 excluding the industrial, multi-residential and commercial realty tax classes; 4. That the attached By-law providing for the imposition of the tax rates approved under Recommendation 2 and 3 above, be read three times and approved; 5. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 13. Director, Corporate Services & Treasurer, Report CST 14-12 158-194 2011 Pre-Audit Balances of Reserves and Reserve Funds Recommendation That Report CST 14-12 of the Director, Corporate Services & Treasurer regarding the 2011 pre-audit balances of reserves and reserve funds be received for information. 14. Director, Corporate Services & Treasurer, Report CST 15-12 195-204 Investment Portfolio Activity for the Year Ended December 31, 2011 Ontario Regulation 292/09 under the Municipal Act, 2001 Recommendation Cicq 00 Executive Committee Meeting iii Agenda _ Monday, May 14, 2012 PICKERING Council Chambers 7:30 pm Chair: Councillor McLean That Report CST 15-12 of the Director, Corporate Services & Treasurer regarding Investment Portfolio Activity for the Year Ended December 31, 2011 be received for information. 15. Director, Corporate Services & Treasurer, Report CST 16-12 205-207 Purchasing Policy - Revision Recommendation 1. That Report CST 16-12 of the Director, Corporate Services & Treasurer regarding revision to the Purchasing Policy be received; and, 2. That Council approve the revised wording to the Purchasing Policy, Section 17, as presented in Attachment 1 to this report. (II) Other Business (III) Adjournment Report to Executive Committee ICKERING Report Number: CAO 06-12 Date: May 14,.2012 01 From: Paul Bigioni City Solicitor Subject: By-law to Govern the Proceedings of Council, any of its Committees, the Conduct of its Members, and the Calling of Meetings Recommendation: 1. That Report CAO 06-12 respecting a by-law to govern the proceedings of Council be received; and 2. That the attached draft Council Rules of Procedure By-law be enacted by Council. Executive Summary: At the Executive Committee Meeting dated January 16, 2012, a Public Meeting was held regarding a By-law for Council Rules of Procedure (Minutes of the Public Meeting attached as Attachment 2). Every municipality is required to pass a procedure by-law governing the calling, notice of, place and proceedings of meetings under the Municipal Act. The City Clerk is required to review that procedural by-law in every new term of Council to determine if the existing by-law is relevant and current regarding legislation and policies and if the decision-making process is transparent, accessible to all and mandated by law. During the Public Meeting process, the main concerns expressed were about the timelines allotted for delegations to Council and clarification of specific sections within the by-law. The draft by-law was returned to the Clerk's Office with concerns noted and is now being brought forward for further review and Council approval. Financial Implications: There are no financial implications associated with this by-law. Discussion: Council and Committee meetings are governed by the Municipal Act and the Council Rules of Procedure By-law. The Council Rules of Procedure By-law is reviewed during each new term of Council for revisions and updates that are deemed necessary. Revisions to the existing by-law are proposed to enhance meeting efficiencies, clarify meeting procedures and enhance accountability. Report CAO 06-12 April 10, 2012 Subject: By-law for Council Rules of Procedure Page 2 02 The Council Rules of Procedure By-law is implemented to govern the proceedings of Council and its Committees, to govern the conduct of its Members during meetings and to implement procedures for the calling of meetings. The Council Rules of Procedure By-law is not in place to govern day-to-day business outside of the meeting environment. The by-law is also not in place to provide or govern Integrity Commissioners, Lobbyist Registers or Conflict of Interest regulations. Direction and procedures for those other matters are provided through separate documents. In order to simplify the review/comparison process of the draft By-law (Attachment 1), a chart has been provided to note the major suggested changes to the By-law. Also, a colour-coded version of the By-law (Attachment 3) has been provided. Sections highlighted in green on Attachment 3 already exist in the current procedure by-law. Significant changes are noted in red. Highlights of Significant Changes Within the By-law Section Change Index Listing Index created with categories and processes grouped together for ease of reference. Definitions Additional definitions for clarification 4.2 a), 4.5 c) and In order to provide additional time for Standing Committees and 4.5 d) Council meetings, the start time has been moved from 7:30 pm to Committee and 7:00 pm. Council meeting start times 8.6 Prohibited - To ensure that all members of the public feel comfortable while Signs, Banner, participating in a meeting, the use of these items shall be Emblems, Flags, prohibited in the Chambers except by permission of the Chair prior Camera's Video to the meeting start time. Recordings 8.14 Adjournment In order to provide the appropriate consideration to all items on an Hour agenda and to provide Council, Staff and the public a realistic opportunity to deal with all agenda items, an adjournment time has been suggested. 12.1 Delegations This entire section has been rewritten for clarification. Please refer to Appendix 1. 17.1 By-law By-laws will be passed in a single motion instead of 3 readings. If a Member wishes to discuss a by-law, the Member will remove the by-law from the main motion and it will be discussed and passed on a separate motion. 19.3 Substantive Members of Council requesting information that requires a Information significant amount of investigation and preparation by staff will Reports require a majority vote to have staff proceed with the request. CORP0227-07/01 revised Report CAO 06-12 April 10, 2012 Subject: By-law for Council Rules of Procedure Page 3 3 00 As noted at the Public Meeting, the process followed during the drafting of the by-law was to incorporate all of the existing by-law requirements, include additional clarification of existing procedures and also to include standard Parliamentary Robert's Rules of Order (as used by Council on a consistent basis but not previously noted in the by-law). Timelines and processes have been reviewed in order to provide meeting efficiencies, clarity and transparency of information presented to Council. The draft by-law was prepared to provide clear and concise guidance to Council during meetings. Attachments: 1. Draft Council Rules of Procedure By-law 2. Executive Committee Minutes - January 16, 2012 3. Colour-Coded Version of the By-law for Comparison Prepared By: Approved/Endorsed By: • ~I Debbie Shields Paul Bigioni City Clerk City Solicitor Recommended for the consideration of Pickering 'ty Council 30, Zo / ~ Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised d 4 ATTACi"If~IN~'~_ U6~ IPOR1' C AO ob - I a The Corporation of the City of Pickering By-law XX/12 Being a by-law to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Index Page Definitions 4 Application of this By-law 5 Duties 6 Council Mayor/Chair Types of Meetings of Council 7 Inaugural Meeting Regular Council Meetings Special Meetings of Council-or a Standing Committee Closed.Meetings Standing Committee Meetings Statutory Public Information Meetings Advisory Committees Special or Ad Hoc Committee Closed Meeting Rules 9 General Public Information on Closed Meeting Business Information - Confidential Distribution of Confidential Material Limits on Voting Actions at Closed Meeting Attendance at a Closed Meeting Final Decision on Item from Closed Meeting Authority to Speak on Closed Meeting Matters Confidential Report Enquiries Regarding Closed Meetings Contraventions Complaints About the Appropriateness of a Closed Meeting 05 By-law ****/12 Page 2 Pecuniary Interest Rules 11 Actions Regarding a Meeting Notification of Meetings 12 Public Notification Emergency Notification Meeting Cancellation Meetings 12 Place of Meetings Chairing of Meetings Clerk's Attendance at Meetings Recording of Minutes Committee Meetings - Rules of Procedure Prohibited - Signs, Banners, Emblems, Flags, Cameras, Video Recordings Access to Council Floor Meeting Called to Order Quorum Absence of Chair Agenda and Minutes Consideration of Items Adjournment Hour/All Meetings Motion to Continue Past 12:00 am Conduct at Meetings 15 Members of the Public Members of Council Actions When a Member's Behaviour is Inappropriate Order of Business 16 Change in Order Presentations 16 Delegations 17 Delegations Delegation Time Limit Delegations at a Statutory Public Meeting Delegations Requesting Action Audio Visual Equipment for Delegations Priority of Delegations Conduct of the Delegation Questions to the Delegation Correspondence 19 Committee Reports 19 06 By-law ****/12 Page 3 New and Unfinished Business 19 Reports of an Urgent Nature Introduction of a Motion Notices of Motion 20 By-laws 20 Other Business 21 Notice of Motion Substantive Information Reports Confirmatory By-law 21 Adjournment 21 Rules of Debate 21 Chair Reads Motion Aloud Requirement to Read Motion Decorum During Debate Recognition of Member Order of Speakers Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair's Decision Final Unless Appealed Appeal of Decision of Chair Common Motions 23 Seconding Withdrawal Priority of Disposition Questions of Privilege and Points of Order Motion to Table Motion to Divide Referral Motion Motion to Postpone to a Certain Time/Deferral Motion Amendments Motion to Adjourn Reconsideration Motion to Rescind Question Stated No Interruption After Question Voting 26 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes By-law ****/12 Page 4 U 7 No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Vote of Council Vote of the Chair Vote on the Question Contingencies 27 Suspension of Rules 27 Two-Thirds Vote 27 Commencement and Administration 28 Definitions 1.1 Definitions: a) "Act" - The Municipal Act, S.O. 2001, c.25, as amended or re-enacted from time to time; b) "Acting Mayor" - The member of Council appointed to act in place of the Mayor under section 242 of the Act; c) "Chair" - the person elected or chosen to preside over a Council, Standing Committee or other type of meeting. d) "Chief Administrative Officer" - the Chief Administrative Officer of the City of Pickering; e) "Clerk" - the Clerk of the City of Pickering; f) "Closed Meeting" - a Meeting which is not open for public attendance; g) "Committee" - includes Standing Committees, Ad-Hoc Committees and Advisory Committees, which may be appointed by Council from time to time; h) "Council" - the Council of the City of Pickering; i) "Councillor" - the elected representative of a Ward on the Council of the City of Pickering; j) "Delegation" - an address to Council or a Committee by one or more persons who are not members of Council or City staff; k) "Inaugural Meeting" - the first meeting of a new Council after a municipal election where the declarations of office are made; 03 By-law ****/12 Page 5 1) "Majority" - greater than 50% of the Members present; m) - "Mayor" - the Head of Council for the City of Pickering; n) "Meeting" - any regular, special or other meeting of Council or a Committee where a Quorum is present; o) "Member" - a member of the Council or Committee; i p) "Notice of Motion" - advance notice to Members of a matter on which Council will be asked to take a position; q) "Pecuniary Interest" - a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50, as amended; r) Presentation _ a ceremonial presentation to or from the City of Pickering, s) "Public Consultation Meeting" - a meeting hosted by staff, committee or Council in order to receive input from the public regarding a specific matter; t) "Recorded Vote" - the making of a written record of the name and the vote of each Member who votes on a question; u) "Regular Meeting" - a scheduled meeting held in accordance with the approved calendar/schedule of meetings; v) "Rules of Procedure - the rules which are set forth in this by-law; w) "Special Meeting" - a meeting of Council or a Committee that is arranged outside of the normal meeting schedule to deal with only specific item(s) of business; x) "Standing Committees" -the Meetings referred to in section 4.5 of this By- law. y) "Statutory Public Information Meeting" - a meeting that is legislated under an Act and hosted by staff, standing committee or Council in order to inform the members of the public about a matter; Application of this By-law 2.1 The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and shall be the rules of order of business in Council and Committee. In the case for which provision is not made in this By-law, the procedure to be followed shall be determined by a majority vote of the Members present and voting. i By-law ****/12 Page 6 09 Duties 3.1 Council Members of Council shall come prepared to every Meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the Meeting. Whenever possible, the Member(s) shall make inquiries of staff regarding the materials supplied in advance of the Meeting. 3.2 Mayor/Chair The Mayor or. Chair shall: a) Open the Meetings by taking the chair and calling the Members to order. b) Announce the business before Council or the Committee and the order in which it is to be acted upon. c) Receive and submit, in the proper manner, all motions presented by the Members. d) Put to a vote all motions, which are moved, or necessarily arise in the course of the proceedings, and announce the result. e) Enforce the Rules of Procedure and rule upon all procedural matters. f) Restrain the Members, when engaged in debate, within the Rules of Procedure. g) Enforce on all occasions the observance of order and decorum by the Members and any other persons present in the Chamber. h) Call by name, any Member persisting in breach of the Rules of Procedure and to order him/her to vacate the Chamber in which the meeting is being held. i) Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. j) Permit questions to be asked through the Chair of any staff in order to provide Members with, information to assist any debate when the Chair deems it proper. k) Rule on any points of order or points of privilege without debate or comment. 1) Rule whether a motion or proposed amendment is in order. m) Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then put the vote. !0 By-law ****/12 Page 7 n) The Chair may speak and/or vote on any question, but if he/she wishes to make a motion, he/she shall first leave the Chair by designating an Acting Chair to act in their place, until they resume the Chair. o) Call for a motion to adjourn the Meeting when the business is concluded. Types of Meetings of Council 4.1 Inaugural Meeting a) The inaugural meeting of Council shall be held on the first Monday after Council takes office pursuant to the Municipal Elections Act. b) The order of business for the first meeting of Council shall be as follows: (i) Call to Order (ii) Invocation (iii) Swearing in ceremony (iv) Inaugural address (v) Adjournment. 4.2 Regular Council Meetings All regular Meetings of the Council shall be held on the third Monday of each month at the hour of 7:00 pm unless otherwise provided by resolution of the Council or unless such a day shall be a public or civic holiday in which case the Council shall meet at the same hour on the next following day, which is not a public or civic holiday, unless otherwise provided by resolution of the Council. 4.3 Special Meetings of Council or a Standing Committee a) In addition to regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the special Meeting. b) Upon written receipt of a petition of the majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time and date mentioned in the petition. c) The Clerk shall give all Members notice of a Special Meeting twenty-four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk for delivery of Notices, and in default of provision of such address, to the Member's City Hall office. By-law ****/12 Page 8 d) The notice to be given shall indicate the nature of the business to be considered, as well as the Special Meeting, date, time and place of the Special Meeting. e) No business other than that indicated in the notice shall be considered at the Special Meeting. 4.4 Closed Meetings a) All Meetings of Council closed to the public will be held prior to the regular start time, unless otherwise provide by resolution of Council, and will only deal with matters that Council is authorized to deal with in a closed session. 4.5 Standing Committee Meetings a) There shall be a Planning & Development Committee and an Executive Committee, to be considered as Standing Committees of Council for the purposes of this By-law, to be organized as follows: b) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. c) The Planning & Development Committee shall meet on the first Monday of each month at 7:00 pm in the Council Chambers. It shall be the duty of the Planning & Development Committee to study and report to Council on matters under the jurisdiction of the Planning & Development Department. d) The Executive Committee shall meet on the second Monday of each month at 7:00 pm in the Council Chambers. It shall be the duty of the Executive Committee to study and report to. Council on matters under the jurisdiction of the Administration Department, the Corporate Services Department and the Community Services Department. 4.6 Statutory Public Information Meetings a) Public hearings shall be held at Standing Committee meetings, as required by applicable legislation, or by Council, or when considered desirable by staff. b) Appropriate advertising shall be undertaken as required by applicable legislation, by-law or according to City policy, to advise interested persons of the subject, date and time. 4.7 Advisory Committees a) All Advisory Committees of Council are required to adhere to this Procedural By-law and the general terms of reference for all advisory committees and at the first meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to i2 By-law ****/12 Page 9 Council for approval by no later than March following a municipal election; and b) All advisory committees are required to present a yearly work plan and annual report on the status of the work plan to Council. 4.8 Special or Ad Hoc Committee Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. When a Special or Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved. Closed Meeting Rules 5.1 General a) A meeting or part of a meeting may be closed to the public if the subject matter being considered is: (i) the security of the property of the City; (ii) personal matters about an identifiable individual, including employees of the City; (iii) a proposed or pending acquisition or disposition of land by the City; (iv) labour relations or employee negotiations; (v) litigation or potential litigation, including matters before administrative tribunals, affecting the City; (vi) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; i (vii) a matter in respect of which Council may hold a closed meeting under another Act; or b) a meeting held for the purpose of educating or training the Members of Council may be closed to the public, provided that no Member discusses or otherwise deals with any matter at the meeting in a way that materially advances the business or decision-making of the Council, local board or committee. 5.2 Public Information on Closed Meeting Business a) Before holding a Closed Meeting or part of a Meeting that is to be closed to the public, Council or a Committee must state the fact of the holding of the closed meeting and the general nature of the matter to be considered at the 13 By-law ****/12 Page 10 closed meeting and, if the Closed Meeting is an educational or training session the fact that it is closed pursuant to section 239(3.1) of the Act. b) If a member of Council wishes to introduce new business at a Closed Meeting, it must be introduced in open session after roll call while Council is still in the Chambers. Two Thirds of Council must determine, by vote, whether the matter will be dealt with in closed session that evening. No debate on the issue will take place until the motion to deal with the new business has been decided. 5.3 Information - Confidential All information, documentation or deliberations received, reviewed, or taken in a Closed Meeting, including the detailed agenda, is confidential and must not be released to the public or any individual not entitled to be present at the Closed Meeting. 5.4 Distribution of Confidential Material The Clerk must distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member's name. Confidential material must not be emailed to Members or staff. 5.5 Limits on Voting Actions at Closed Meeting No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, employees or agents of the City, or persons retained by or under contract with the City. 5.6 Attendance at a Closed Meeting Members can only attend a Closed Meeting in person. 5.7 Final Decision on Item from Closed Meeting Subject to the provisions of Section 239 of the Act, a Closed Meeting agenda item that requires a final decision must be implemented by Council resolution or By-law at a future public meeting of Council. 5.8 Authority to Speak on Closed Meeting Matters When a decision is made by Council to relay information to the public regarding a Closed Meeting item, the Mayor or the Mayor's delegate will release the information. 5.9 Confidential Report When a Closed Meeting of Council has been held, the Public Agenda of the Closed Meeting shall be available at the first Regular Council meeting following the Closed Meeting. ~4 By-law ****/12 Page 11 5.9 Enquiries regarding Closed Meetings The response of Members to inquiries about any matter dealt with by Council or a Committee at a Closed Meeting, prior to it being reported publicly, must be "no comment", or words to that effect. No member is allowed to release or make public any information considered at a Closed Meeting or discuss the contents of such a Meeting with anyone other than Members or staff who were present at the Closed Meeting. 5.10 Contraventions a) Any Member who contravenes section 5.8 or section 5.9 is guilty of an offence and upon conviction may be liable to a fine or penalty as provided for in the Provincial Offences Act. b) A decision to prosecute a Member under this section may only be made after Council has met to consider the matter, at which time the Member proposed to be prosecuted may be present and has the option of attending with legal counsel. The said Member has the option of requesting that the Meeting be held in public or that it be closed to the public. c) No prosecution for a contravention of section 5.8 or section 5.9 may be commenced except on the direction of Council, expressed in a resolution of Council. 5.11 Complaints About the Appropriateness of a Closed Meeting A person may request that an investigation of whether a municipality or local board has complied with section 239 or a procedure by-law in respect to a Closed Meeting or part of a Closed Meeting will be undertaken by the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator. Any complaints made in relation to the appropriateness of a Closed Meeting under section 239.1 of the Act must be in writing pursuant to section 239.2 of the Act and directed to the Clerk who will forward to the Investigator appointed by Council to review complaints. All complaints are confidential and forwarded directly to the investigator to be dealt with as required by section 239.2 of the Act. Pecuniary Interest Rules 6.1 The purpose of the Municipal Conflict of Interest Act is to ensure Members, do not personally profit from a decision they played a role in making. The Act, lays out the procedure that elected officials must follow when faced with an issue whose outcome could potentially impact their pecuniary interests. 6.2 Actions Regarding a Meeting I In addition to fully complying with all obligations imposed by the Municipal Conflict of Interest Act, when a Member, has a pecuniary interest in a matter on a Meeting agenda ?5 By-law ****/12 Page 12 or in a Closed Meeting, the Member must not attempt in any way, either before, during, or after the Meeting, to influence the voting on the matter. Notification of Meetings 7.1 Public Notification Public notification shall be deemed to have been given by the posting of the Council or Committee agenda on the City website and available for public review in the office of the City Clerk as follows: a) Committee Meetings - by 4:00 pm on the Friday, 10 days prior to the meeting date. b) Council Meetings - by 4:00 pm on the Friday preceding the Council meeting. c) Special Meetings - at least twenty-four hours preceding the meeting. d) Closed Meetings - at least twenty-four hours preceding the meeting. 7.2 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may urgently affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as possible and in the most expedient manner available. 7.3 Meeting Cancellation Upon notice of a Meeting cancellation, the Clerk shall attempt to notify the public as soon as possible and in the most expedient manner available. Meetings 8.1 Place of Meetings All regular Meetings of the Council and Standing Committee meetings shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by resolution of Council. 8.2 Chairing of Meetings a) Every Council meeting shall be chaired by the Mayor, if present; b) The Chair of the Standing Committees shall be rotated each meeting amongst the Members of Council, in alphabetical order. 8.3 Clerk's Attendance at Meetings i The City Clerk or Clerks designate, shall be present at all Meetings of Council; however, he/she may delegate some member of staff to act in his/her stead at a Standing Committee Meeting. 16 By-law ****/l2 Page 13 8.4 Recording of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be closed to the public or not; b) The record required by the Municipal Act in respect of a Meeting, shall be made by: i) The Clerk, in the case of a meeting of Council; or ii) The appropriate officer, in the case of a meeting of a Committee. 8.5 Committee Meetings - Rules of Procedure The rules of procedure set out in this By-law shall be observed in Meetings of the Committees insofar as they are applicable, provided that, a) A recorded vote shall not be taken on a question before a Committee; and b) A report, setting out the recommendations of any Committee, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. 8.6 Prohibited - Signs, Banners, Emblems, Flags, Cameras, Video Recordings To ensure that all members of the public are comfortable participating in Meetings: a) Signs, banners, emblems, flags, cameras, audio and video recordings by the public are prohibited in the Chambers except by permission of the Chair; b) Notwithstanding the foregoing, the provisions of section 8.6 shall not apply to City Staff, Rogers Cable or any other media, broadcasting or webstreaming service provider permitted by Council. 8.7 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk: a) Shall be allowed on the floor of the place a Meeting is being- held while Council or a Committee is sitting; b) Material to be distributed to Council during a Meeting can only be distributed by the Clerk or the Clerks designate. 8.8 Meeting Called to Order The Chair, as soon after the hour is fixed for the holding of the Meeting of the Council, and if a quorum is present, shall take the Chair and call the Meeting to order. 17 By-law ****/12 Page 14 8.9 Quorum a) If a quorum is not present one-half hour after the time appointed for a Meeting of the Council and/or Committee, the Clerk shall record the names of. the Members present and the Meeting shall stand adjourned until the next Meeting. b) A majority of the Members elected to the Council shall constitute a quorum. 8.10 Absence of Chair a) Council Meetings - If the Mayor does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of the Council and if a quorum is present; an Acting Mayor who has been appointed to this position by a resolution of Council shall preside over the Meeting and have the same authority to chair the Meeting as the Mayor would have had, if present. b) When the Mayor and Acting Mayor are absent or refuse to act, the Council may by resolution appoint one of its Members to act in the place and stead of the Mayor and Acting Mayor, and such Member shall have the same authority to chair the Meeting as the Mayor. c) Standing Committee Meetings - If the Chair does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of the Committee and if a quorum is present, the Council Member who is next in alphabetical order to Chair will assume the position of Chair. 8.11 Agendas and Minutes The agendas, minutes and any written notices pertaining to any Standing Committee and Council Meeting shall be sent to all Members of Council. 8:12 Consideration of Items Council may consider any matter without referring it to a Committee or may refer it to a Committee or to any number of Committees, and may withdraw a matter from a Committee at any time. 8.14 Adjournment Hour/All Meetings All regular Meetings shall stand adjourned when all business has been completed as listed on the Order of Business or at the hour of 12:00 am. 8.15 Motion to Continue Past 12:00 am a) In the event the business before Council has not been completed at the hour of..12:00 am, then Council may, by a majority vote of all the Members present, approve an extension of the Meeting to the hour of 1:00 am. U By-law ****/12 Page 15 b) At 1:00 am, any unfinished business shall be deferred to the next regular Meeting of Council, unless a resolution of Council is made to reconvene the Council Meeting to another day and time prior to the next regular Meeting of Council. A resolution to reconvene to another day and time requires a majority vote. If a resolution of Council to reconvene the Council Meeting to another day prior to the next regular Meeting is adopted, the Meeting must be rescheduled not sooner than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. c) Motions to continue past 12:00 am are not debatable. i Conduct at Meetings 9.1 Members of the Public The Chair will ensure that members of the Public shall be respectful of Council, staff, delegations and all attendees at the Meeting by not heckling, speaking disruptively while debate is in progress, making comments or applauding. 9.2 Members of Council Members of Council shall: a) act in accordance with their Oath of Elected Appointed Officials; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings. d) not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; e) not use offensive words or unparliamentary language in or against Council or against any Member; f) not speak on any subject other than the motion being debated; g) not criticize any decision of Council except for the purpose of moving a motion to reconsider a previous decision of Council. III ~I I i I By-law ****/12 Page 16 9.3 Actions When a Member's Behaviour is Inappropriate The Chair may Call the Member to Order and take one or more of the following actions: a) decide that there was no breach of the rule; b) ask the Member in breach of the rules to stop the behaviour; c) ask the Member to withdraw what was said; or d) ask the Member to apologize. 9.4 If previous attempts to call the member to order have failed, the Chair may decide, not to recognize the Member, for the balance of that meeting, in which case the Member shall not speak or vote for the remainder of that Meeting. Order of Business 10.1 The Order of Business for the regular Meetings of Council shall be as follows: (a) Meeting Called To Order (b) Invocation (c) Disclosures of Interest (d) Minutes of Previous Meetings (e) Presentations (f) Delegations (g) Correspondence (h) Committee Reports (i) New and Unfinished Business (j) Motions and Notices of Motion (k) By-laws (1) Confidential Council (m) Other Business (n) Confirmation By-law (o) Adjournment. 10.2 Change in Order All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a vote of the majority of the Members present and voting. Presentations 11.1 Presentations a) Charities, organizations or individuals wishing to address Council to inform Members of special events or achievements, to seek Council's recognition of an event or achievement or to make a presentation to Council shall request the opportunity to be granted presentation status. b) It shall be the duty of the Mayor to make presentations and to accept presentations, on behalf of Council, at Meetings of Council. Where a i 20 By-law ****/12 Page 17 presentation is made or accepted from an organization on which a member of Council has been appointed to sit, the presentation shall be jointly made or accepted with the appointed member of Council. Where otherwise appropriate, presentations may be made or accepted jointly with another Member or Members of Council. c) The request for presentation status shall be submitted to the Clerk, in writing, no later than fourteen days preceding the Meeting at which the presentation is to be made. Delegations 12.1 Delegations a) Prior to appearing before Council, every delegation shall be required to appear before the Standing Committee having charge of the matter of fact or the request which is the subject matter of the delegation. b) All delegations for items listed on the agenda for a Meeting shall register in writing with the City Clerk by 12:00 noon on the Meeting date. c) Delegations that have not registered in writing by 12:00 noon on the Meeting date shall only be added to the agenda if permitted by a two-thirds majority vote of Members present at the Meeting. d) Delegations who wish to have their name entered on the Agenda pages must register in writing no later than 4:00 pm on the Wednesday 10 days prior to the Meeting. e) Delegations are encouraged to submit a written brief and, if the brief is submitted to the Clerk by 12:00 noon on the Friday preceding the Meeting, it shall be copied and distributed as "Delegation" submissions to Members. 12.2 Delegation Time Limit' a) A maximum of 10 minutes shall be allotted for each delegation to present his/her/their position at a Meeting. b) A delegation will not be permitted to assume any unused time allocated to another delegation. 12.3 Delegations at a Statutory Public Meeting Delegations will be permitted from the gallery without prior registration only during the Statutory Public Information Meeting portion of a Meeting held under the provisions of the Planning Act, or prior to the adoption of certain by-laws at a Council Meeting, if required to comply with applicable laws. Delegations are not required to register for a Statutory Public Information Meeting but are encouraged to do so in order to facilitate the efficient conduct of the Meeting. 21 By-law ****/12 Page 18 12.4 Delegations Requesting Action Delegations which appear at a Meeting and request that action be taken by the Council shall, if required by a majority of the Members present at the Meeting, be referred to City staff for a report that shall be dealt with at a future Meeting of Council. 12.5 Audio Visual Equipment for Delegations The City's audio visual equipment may be used to assist in presentations by delegations, provided that permission has been obtained for use of such equipment from the Clerk at least 5 working days prior to the Meeting date. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the meeting at which the delegation is to appear. 12.6 Priority of Delegations Delegations shall be listed in the agenda in the order in which requests were received by the Clerk, it being understood that where more than one person wishes to make a presentation on a particular matter, the proponent or his or her authorized representative will be listed last in order to afford the proponent the opportunity of making a presentation after all other interested persons have done so. 12.7 Conduct of the Delegation a) The Chair may curtail any delegation and any questions to a delegation for disorder or any other breach of this by-law and, if the Chair rules that the delegation is concluded, the person or persons appearing shall end the delegation. b) Delegations shall not: (i) speak disrespectfully of any person; (ii) use offensive words; (iii) speak on any subject other than the subject for which they have received approval to address Committee or Council; (iv) disobey a decision of the Chair or Committee or Council; (v) debate with other delegations, City staff, Council Members or the Chair. 12.8 Questions to the Delegation a) Upon the completion of a presentation to Committee or Council by a delegation, any discussion between Members and the delegation shall be limited to Members asking questions for clarification and obtaining additional, relevant information only. . b) All questions to a delegation from Members shall be stated succinctly. Members shall not question a delegation for the purpose of expanding the scope of the delegation's remarks or for adding the Member's own 22 By-law ****/12 Page 19 statements through the delegation. Delegations are an opportunity for delegates, not Members, to make their views known. For example, questions from Members such as "are you aware", "do you agree" or "wouldn't you say" shall not be permitted as they do not seek clarification or additional relevant information. Members-shall not enter into debate with delegations. Questions to the delegation shall be presented in a courteous and non-argumentative manner. c) Once a motion has been moved and seconded, no further representation or questions of the delegation shall be permitted. Correspondence 13.1 Correspondence a) All correspondence intended to be presented to Council through the Council agenda shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shall be filed with the Clerk by no later than 12:00 noon on the Wednesday before the Meeting of Council. b) The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda. c) Petitions are a specific form of correspondence that must be presented to the Clerk for Committee or Council action. Petitions must include a statement or position that the signers are supporting, the legible printed names and addresses of the signers and the original signatures of each of the signers. Individuals who are represented by photocopies of their signatures will not be considered valid supporters of the petition. The individual or group initiating the petition, or submitting the petition to the Clerk, must provide a key contact name, address and telephone number to the Clerk. Committee Reports 14.1 Committee Reports Standing Committee reports which are to be adopted by Council shall be forwarded to the first regular Council Meeting following the meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. New and Unfinished Business 15.1 Reports of an Urgent Nature Departmental reports which are deemed by the Chief Administrative Officer to be of an urgent nature and which have not been considered by a Standing Committee shall be listed under the New and Unfinished Business section of the agenda for Council's consideration. By-law ****/12 Page 20 23 15.2 Introduction of a Motion a) A Member may, with the consent of two-thirds of the Members present, introduce a motion under New and Unfinished Business if the motion cannot, due to its urgent nature, be properly presented at a Meeting in accordance with Section 16.1. b) A Member desiring to introduce a main motion must do so in writing to the Clerk. Notice of Motion 16.1 Notices of Motion a) A Member desiring to introduce a notice of motion must do so in writing at any Meeting, at least 10 days prior to,the Meeting at which the motion will be dealt with. Introduction of notices of motion must be done as "Other Business". b) In order to be listed in the agenda, a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 pm on the Wednesday prior to the Council Meeting at which the motion will be dealt with. c) The Clerk, upon receipt of a notice of motion in accordance with a) and b), shall print the motion in full in the agenda for the Council Meeting at which it is to be dealt with. d) A notice of motion that has been introduced but does not appear on the agenda within two Council Meetings shall be removed from the list of upcoming agenda items, unless otherwise directed by Council.. I By-laws 17.1 By-laws a) All by-laws shall be passed in a single. motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. b) every by-law, when introduced, shall be in typewritten form, shall be complete except for the by-law date and number and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act; and c) every by-law which has been passed by the Council shall be numbered, dated, sealed with the seal of the Corporation, signed by the Mayor and the Clerk and deposited by the Clerk in his/her office for safekeeping. 'II 24 By-law ****/12 Page 21 Other Business 19.1 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance or interest. 19.2 Notice of Motion A Member who wishes to give notice of a motion to be brought forward for future Council consideration shall do so in writing under "Other Business". 19.3 Substantive Information Reports All Members' requests for substantive information or reports from staff shall require the approval of a majority of. Members present at a Meeting. Such requests shall identify the appropriate Department and/or Director and the objective(s) of the report. Confirmatory By-law 20.1 Confirmatory By-law At the conclusion of all regular and special Meetings of Council, and prior to adjournment, a by-law shall be brought forward to confirm the actions of the Council in respect of all motions, resolutions and other actions taken subsequent to the last regular Council Meeting. A confirmatory by-law, when introduced, shall be taken as having been read and shall be voted on without debate. Adjournment 21.1 Adjournment The Council may adjourn upon a motion approved by the majority of Members present. Rules of Debate 22.1 Chair Reads Motion Aloud To begin debate, the Chair reads the motion aloud. 22.2 Requirement to Read Motion Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. i By-law ****/12 Page 22 25 22.3 Decorum During Debate During debate, and while the Chair is speaking, or when the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way except to raise a point of order. 22.4 Recognition of Member Every Member shall raise his/her hand and be recognized by the Chair prior to speaking to any matter or motion. 22.5 Order of Speakers When two or more Members raise their hands to speak, the Chair shall designate the Member who has the floor who shall be the Member who, in the opinion of the Chair, raised his/her hand first. 22.6 Speaking to a Motion A maximum of 10 minutes shall be allotted to each member wishing to speak to present his/her position on the motion. No Member shall speak more than once to the same motion except: a) with leave of the Chair, for not more than 5 additional minutes, in explanation of a material part of their speech which may have been interpreted incorrectly; b) with leave of the Chair, for not more than 5 additional minutes, after all other Members so desiring have spoken; or c) in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a five minute period. 22.7 Questioning the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding the above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion, but only for the purpose of obtaining information, following which the Member shall speak. 22.8 Proceedings Decided by Chair In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal to Council on a point of order. 26 By-law ****/12 Page 23 22.9 Chair's Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair's decision, the decision of the Chair shall be final. 22.10 Appeal of Decision of Chair If the Member appeals to Council, it shall be done by a duly moved and seconded motion and Council shall decide the question without debate and the decision shall be final. The question to Council would be "Do you support the Chair's ruling, "Yes" or "No". A tie vote sustains the decision of the Chair. Common Motions 23.1 Seconding A motion must be formally seconded before the Chair can put the question or for it to be recorded in the Minutes. 23.2 Withdrawal The mover and seconder may withdraw a motion or a notice of motion at any time prior to it being read, and, in such event, the motion shall not be included in the minutes of the Meeting. After a motion has been read or stated by the Chair, it shall be deemed to' be in possession of Council, but may, with the permission of Council, be withdrawn at any time before decision or amendment. 23.3 Priority of Disposition A motion properly before Council for decision must be disposed of before any other motion or matter can be introduced with the exception of any one of the following: a) a point of order or personal privilege b) to table c) to divide d) that the question be now put e) to refer f) to defer g) to amend h) to suspend any section of the Rules of Procedure i) to recess j) ' to adjourn. 23.4 Questions of Privilege and Points of Order The Chair shall preserve order and decide points of order and questions of privilege. By-law ****/12 Page 24 27 When a Member has a point of order or question of privilege it shall be considered and decided immediately. The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the matter. If leave is granted by the Chair, the Member must state his/her point to the Chair as succinctly as possible and await the decision of the Chair. Once the Chair has made a decision the business of Council shall resume at the point where it was suspended. 23.5 Motion to Table A Member shall not be, allowed to speak to a motion and immediately move a tabling motion. 23.6 Motion to Divide A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members present and voting. 23.7 Referral Motion A motion to refer a motion or matter to a Committee or to City staff with instructions is debatable and amendable but, shall be disposed of by Council before the original motion or any other motion pertaining to the original motion. a) A member who moves a motion to refer shall also include in the motion: (i) The name of the committee, body or official to whom the motion or amendment is to be referred; (ii) The terms upon which it is to be referred; and (iii) The date or period, if any, within which the matter is to be returned. 23.8 Motion to Postpone to a Certain Time/Deferral Motion A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, if applicable and shall be in order after a motion is read or stated by the Chair and debate shall be confined to the time and place to which the matter shall be deferred. 23.9 Amendments a) A motion to amend: i) shall be presented in writing if requested by the Chair; 2.8 By-law ****/12 Page 25 ii) shall be relevant to the original motion; iii) shall be disposed of by Council before the original motion; and iv) shall not be received if it proposes a direct negative to the original motion. b) a motion to amend an amending motion shall be disposed of by Council before the motion to amend the original motion; c) only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion; 23.10 Motion to Adjourn Is not debatable or amendable; Is always in order except when a member is speaking or during a vote; If carried, requires that the Meeting be immediately halted, regardless of the stage of proceedings; If not carried, no new motion to adjourn may be made again until after some intermediate proceedings shall have been completed by Council 23.11 Reconsideration After a matter has been decided, any Member who voted in the majority may move for reconsideration at the same Meeting, or may give notice of a motion for reconsideration of the matter at a subsequent Meeting. No discussion of the original motion shall be allowed until the motion for reconsideration has carried. A reconsideration motion requires a.two thirds vote of the Members present. No matter shall be reconsidered more than once within 12 months. 23.12 Motion to Rescind A motion to rescind a previous resolution of Council requires a majority vote of the Council at a Council Meeting provided that notice has been given at the previous meeting or in the call of the Meeting and if notice has not been given, a motion to rescind requires a two-thirds vote of the Members present and voting. 23.13 Question Stated Immediately preceding a vote, the Chair may state the motion in the form introduced and shall do so if requested by a Member. The motion shall be stated in the precise form in which it will be recorded in the Minutes. 23.14 No Interruption After Question After the Chair has called the vote on a motion, no Member shall speak to the motion nor shall any other motion be presented until, after the vote and the result has been declared. By-law ****/12 Page 26 29 Voting 24.1 Requirement to Vote All members present and seated must vote. If a Member is present and does not vote, he/she is deemed to have voted in the negative. 24.2 Vote Not Allowed A Member not in their seat when the question is called by the Chair is not entitled to vote on that question. 24.3 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 24.4 Determination of Votes The manner of determining the decision of Council on a motion shall be by the prominent show of hands. 24.5 No Secret Voting No vote may be taken by ballot or any other method of secret voting. 24.6 Decorum While Calling Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat and shall remain in their seat until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 24.7 Disagreement with Result of Vote If a Member disagrees with the announcement of the Chair that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a recorded vote shall be taken. 24.8 Recorded Vote of Council Where a vote of Council is taken for any purpose and a Member requests immediately prior or immediately subsequent to the taking of the vote that the vote be recorded, each Member present, beginning with the requester of the recorded vote and continuing alphabetically from that member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. 30 By-law ****/12 Page 27 24.9 Vote of the Chair The Chair, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions. 24.10 Vote on the Question A motion that a vote on the question be now taken: a) cannot be amended or debated; b) cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put; c) when resolved in the affirmative, shall be followed immediately by the original motion which shall be put forward without debate or amendment; d) can only be moved in the following words: "That the question be now put" or "Call the question"; and e) requires a two-thirds vote of the Members present. Contingencies 25.1 Contingencies In all contingencies not provided for in this by-law, the question shall be decided by the Chair and in making such a ruling, the decision shall be based on Roberts Rules of Order. Suspension of Rules 26.1 Suspension of Rules Any procedure required by this by-law may be suspended with consent of not less than two-thirds of the Members present. Two-Thirds Vote 27.1 Two-Thirds Vote A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative: five of seven Members four of six Members three of five Members three of four Members 31 By-law ****/12 Page 28 Commencement and Administration 28.1 This by-law shall be administered by the Clerk. 28.2 By-law 6746/07 is hereby repealed. 28.3 The short title of this by-law is the "Procedural By-law". By-law passed this day of XX, 2012. David Ryan, Mayor Debbie Shields, City Clerk i CLtq O~ Ex c Live Committee 32 PICKE Meeting Minutes Monday, January 16, 2012 7:30 pm - Council Chambers Chair: Councillor Dickerson Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer E. Buntsma - Director, Community Services G. Paterson - Director, Corporate Services & Treasurer T. Melymuk - Director, Office of Sustainability P. Bigioni - City Solicitor B. Douglas Fire Chief D. Shields - City Clerk L. Winterstein - Manager, Marketing & Business Development C. Hodge - Coordinator, Economic Development F. Jadoon - Economic Development Officer L. Roberts - Committee Coordinator (1) Disclosure of Interest No disclosures of interest were noted. (11) Public Information Meeting 1. Chief Administrative Officer's Report, CAO 03-12 Public Meeting Notice of the Passing of a By-law for Council Rules of Procedure A public information meeting was held under the Municipal Act, for the purpose of informing the public with respect to proposed amendments to the City of Pickering Procedural By-law. 1 Cal, Executive Committee Meeting Minutes 3 PICKE Monday, January 16, 2012 7:30 pm - Council Chambers Chair: Councillor Dickerson The City Clerk appeared before the Committee and provided an overview of the process and amendments to the City of Pickering Procedural By-law. She explained the purpose of holding a public meeting was to receive comments from residents with no decisions being made regarding the by-law at this time. She also noted she had received a number of calls from residents and provided clarification regarding their questions. Maurice Brenner, 711 Sunbird Trail, appeared before the Committee noting that the Procedural By-law needs further review and presented recommendations for consideration. He noted that there should be recorded votes noted in closed meetings to provide transparency of the meeting. He requested clarification on who the Mayor's Delegate would be when relaying closed meeting information to the public and questioned what would constitute a breach of a closed meeting. He noted that there should be a clear process in place and also suggested the hiring of an Integrity Commissioner. He questioned why recorded votes are not taken at Committee meetings, stating the residents have a right to know how items were voted on. He also noted his opposition to the five minute timeline for delegations to be heard and also suggested Town Hall meetings as a great way to engage the public. He suggested that a review of the best practices from GTA municipalities should be undertaken and requested clarity of the language in the by-law so there is no misunderstanding. A question and answer period ensued. Ian Cumming,. 1899 Fairport Road, appeared before the Committee stating his opposition to the proposed timelines for delegations, but also noted that he did not oppose the cut off time for meeting adjournment. He referred to previous issues that had been brought before Council and noted that results had been achieved because delegations were given the opportunity to meet with Council. He noted his concerns regarding delegations at Committee only and stated that this would limit public exposure to the media. He also stated that he felt there was not enough time given to review the draft by-law and stated that more clarity in the language is required. A question and answer period ensued. David Steele, 966 Timmins Garden, appeared before the Committee in opposition to the delegation timelines. He stated the need for better dialogue in order to make more informed decisions. He also stated that there was not enough time to review the draft by-law and noted he was not aware the by-law was on this agenda until a member of public notified him. He stated he felt the ten minute maximum for delegations was good as some take more time and some less, balancing it out. He offered a number of recommendations with respect to closed meetings, protocol for 2 3 4c~ty o~ Executive Committee Meeting Minutes P Monday, January 16, 2012 7:30 pm - Council Chambers Chair: Councillor Dickerson the appointment of an investigator, public notification and suggested more detail be provided for special meetings. He stated he would send his recommendations in writing to the City Clerk and indicated his desire to participate in further discussions on this matter. Pasquale Malandrino, 633 Dunn Cres., appeared before the Committee stating his consensus with comments made by previous delegations. He stated.every citizen has a right to share their opinion and some would have difficulty getting their point across with the proposed five minute limit and stated that the ten minute limit should be kept. He noted his concern with the lack of notice to residents of this meeting and stated that the public should be given longer notification timelines for meetings. He also stated he did not have any issues with the current by-law, but recommended that if the proposed draft by-law goes through it should be reviewed and re-visited if needed in a timely manner. He also urged the Committee not be influenced by what other municipalities have done. Andy McKinnon, Pickering resident, appeared before the Committee stating his concerns with the notification process and noted that he just found out about this item being on the agenda today. He stated that he felt more time was necessary to review the proposed amendments by the public. He also noted that Council should listen to the concerns of the Pickering residents and not what other municipalities are doing and stated Council is failing to serve the residents if limits are put on delegations. A discussion period ensued with respect to delegations and the lack of notice to the public. Carol Bamford, 528 Marksbu y Rd., appeared before the Committee noting her concerns with the timelines involved for registering as a delegation prior to the agenda being published. She also noted that Council could be restricting their ability to obtain important information from delegations by imposing a five question limit to delegations. Sharon Powell, Ajax, appeared before the Committee stating her concerns with delegation timelines. She noted that more complex issues usually require more time for discussion. She also stated that by limiting delegations to five minutes, they may end up with twice as many people wishing to be heard, particularly in the case of an issue that generates significant opposition where everyone wants to be heard. Cat Beattie, Pickering resident, appeared before the Committee noting her opposition to the proposed five. minute time limit on delegations and noted her concern with democracy fading away. She also stated the meeting notification should have been sent out sooner and that it did not provide enough information. She stated she is in 3 Executive Committee Meeting Minutes 35 Monday, January 16, 2012 7:30 pm - Council Chambers Chair: Councillor Dickerson favour of additional public meetings regarding the draft by-law and there should be a document that shows what the amendments being proposed are. Dan Murphy, 895 Baylawn Drive, appeared before the Committee noting his concerns with voting at closed meetings and stated he felt the votes should be recorded. He also questioned prohibiting recordings at meetings and whether this included Rogers Cable televising the meetings. He also noted his concerns with the notification process for the meeting. He stated that the proposed time limits for delegations were inappropriate and restrictive which discourages public participation. He also stated that appearing at the Committee level first was too restrictive, and that by going before Council there is more public exposure which carries greater weight. He felt the proposed five minute limit on delegations would not be'sufficient and the five question limit to delegations was inappropriate. A discussion period ensued with respect to recordings at meetings and that Committee meetings should also be recorded. Questions were raised with respect to getting the word out and how best to reach more residents as well as the need to provide more detail in the notices. Mike Borie, 1044 Escott Crt. appeared before the Committee expressing his opposition to the proposed five minute limit for delegations. He stated residents have a right to speak and what other municipalities are implementing should not be a consideration in Pickering. He also felt this does not take into consideration persons with disabilities that might not be able to speak quickly, He felt there should be additional public forums on this issue and also noted his concerns with the process for public notification. The Committee took a ten minute recess and resumed at 10:30 pm. Victoria Hodgson, Rougemount area resident, appeared before the Committee stating her concerns with the timelines regarding public notification and questioned when the next meeting would be held. Jacqueline Smart, 829 Fairview Ave., appeared before the Committee and felt the time limit for delegations should.remain at ten minutes and also stated we should not be looking at what other municipalities do. She stated her concern with only being able to be a delegate at the Committee meeting and noted that residents might have additional pertinent information to relay that could impact on the decisions made. She noted that delegations should be able to appear at Committee and Council. She also noted her concerns with the process for public notification and felt there should have been more time to review the draft by-law. She also stated the need for simpler language and more clarification as it is difficult to understand the by-law. 4 Executive Committee 3 77_ Meeting Minutes 1 Monday, January 16, 2012 7:30 pm - Council Chambers Chair: Councillor Dickerson A question and answer period ensued. James Blair, 682 Foxwood Trail, appeared before the Committee noting concerns with the procedures respecting public notification. He also recommended that the procedural by-law be published noting what the revisions are for clarification. He stated he felt it was a good idea to look at other municipalities and also recommended more venues for the public to speak. A question and answer period ensued. The City Clerk provided further clarification on questions from the delegations and Members of Council. She encouraged residents to contact her with questions or concerns and to also submit their recommendations to her in writing. She stated the majority of the rules in the draft Procedural By-law before them were the same as the one being used now and most of the changes were included to provide clarification. She stated that she could provide a draft copy of the by-law highlighting the old, new and clarified sections to anyone that would like a copy. The City Clerk was requested to look into what the process is should the public wish to appeal the proposed draft by-law, if passed by Council. It was also suggested that a 7:00 pm start time for meetings might be appropriate. (III) Matters for Consideration The Chair noted that the CAO had requested that Item 4, Report CS 03-12 be withdrawn from the agenda for further review. 1. Director, Office of Sustain ability, Report OS 01-12 Marketing & Business Development Program 2011 Year End Summary Discussion ensued and clarification was made by staff with respect to the relationship between the City of Pickering and the Greater Toronto Marketing Alliance (GTMA). It was noted that the City of Pickering enjoys a positive- networking partnership with the GTMA. This is a gateway to international investors and many significant leads have been realized through this relationship. Staff were requested to provide detailed statistics on the number of new businesses in Pickering; the number of new jobs, as well as jobs lost and also questioned whether they could get information on the different types of jobs in Pickering. Recommendation 5 I ATTi4CMMrNT# Ta REPOPT* C AO 06 - t2 37 The Corporation of the City of Pickering I By-law XX/12 Being a by-law to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S. 0. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Index Page Definitions 4 Application of this By-law 6 Duties 6 Council Mayor/Chair Types of Meetings of Council 7 Inaugural Meeting Regular Council Meetings Special Meetings'of Council or a Standing Committee Closed Meetings - Standing Committee Meetings Statutory Public Meetings Advisory Committee Special or Ad Hoc Committee Closed Meeting Rules 9 Public Information on Closed Meeting Business Information- Confidential Distribution of Confidential Material Limits on voting actions at closed meeting Attendance at a closed meeting Final decision on Items from closed meetings Authority to Speak on Closed Meeting Matters Enquiries Regarding Closed Meetings Contraventions Complaints About Appropriateness of a Closed Meeting Pecuniary Interest Rules 11 Actions prior to a meeting Notification of Meetings 12 38 By-law 12 Page 2 Public Notification Emergency Meeting Notification Meeting Cancellation Meetings 12 Place of Meetings Chairing of Meetings Clerk's Attendance at Meetings Recording of Minutes Committee Referral Committee Meeting - Rules of Procedure Prohibited - Signs, Banner, Emblems, Flags, Camera's, Video Recordings Access to Council Floor Meeting Called to Order Quorum Absence of Mayor/Chair Agenda and Minutes Consideration of Items Adjournment Hour/All Meetings Motion to continue past 12:00 am Conduct at Meetings 15 Members of the Public Members of Council Action When Behaviour Inappropriate Order of Business 16 Change in Order Presentations 17 Delegations 17 Delegations Delegation Time Limit Delegation Request for the Use of Audio Visual Equipment Priority of Delegations Conduct of Delegate Questions to the Delegate Correspondence 20 Committee Reports 20 New and Unfinished Business 20 Reports of an Urgent Nature Introduction of a Motion Notices of Motion 21 39 By-law ****/12 Page 3 By-laws 21 21 Other Business Notice of Motion Substantive Information Report 22 Confirmatory By-law 22 Adjournment 22 Rules of Debate 22 Chair reads motion aloud Requirement to Read Motion Decorum During Debate Recognition of Member Order of Speakers Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair's Decision Final Unless Appealed Appeal of Decision of Chair Common Motions 24 Seconding Withdrawal Priority of Disposition Questions of Privilege and Points of Order Motion to Table Motion to Divide Referral Motions Deferral Motions Amendments Adjournment Reconsideration Motion to Rescind Question Stated No Interruption After Question Voting 27 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes No'Secret Voting Decorum While Calling Vote j ~J By-law ****/12 Page 4 Disagreement with Result of Vote Recorded Vote of Council Vote of the Chair Vote on the Question Contingencies 29 Suspension of Rules 29 Two-Thirds Vote 29 Commencement and Administration 29 Definitions 11 Definitions: = "Act" - The time to time b) "Acting Mayor"- The member of Council appointed to act in place of the Mayor under section 242 of the Act; c) "Chair"- the person elected or chosen to preside over a Council, Standing Committee or other type of meeting. "Chief Admi Pickering, f) "Closed Meeting" - a Meeting which is not open for public attendance; Committee° - includes Standing Committees, Ad-Hoc Committees and Advisory Committees, which may be appointed by Council from time to tire i) "Councillor' - the elected representative of a Ward on the Council of the City of Pickering; j) "Delegation" - an address to Council or a Committee by one or more persons who are not members of Council or City staff; k) "Inaugural Meeting" - the first meeting of a new Council after a municipal election where the declarations of office are made; 1) "Majority" - greater than 50% of the Members present; ,i By-law ****/12 Page 5 j) "Delegation" - an address to Council or a Committee by one or more persons who are not members of Council or City staff; k) "Inaugural Meeting" - the first meeting of a new Council after a municipal election where the declarations of office are made; 1) "Majority" - greater than 50% of the Members present; Formatted: Highlight "Meeting" - any regular, specia where a Quorum is present, p) "Notice of Motion" - advance notice to Members of a matter on which Council will be asked to take a position; q) "Pecuniary Interest" - a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50, as amended; r) "Presentation" - a ceremonial presentation to or from the City of Pickering; s) "Public Consultation Meeting" - a meeting hosted by staff, committee or Council in order to receive input from the public regarding a specific matter; u) "Regular Meeting" - a scheduled meeting held in accordance with the approved calendar/schedule of meetings; w) "Special Meeting" - a meeting of Council or a Committee that is arranged outside of the normal meeting schedule to deal with only specific item(s) of business; x) "Standing Committees" - the Meetings referred to in section 4.5 of this By- law. y) "Statutory Public Information Meeting" - a meeting that is legislated under an Act and hosted by staff, standing committee or Council in order to inform the members of the public about a matter; J By-law ****/12 Page 6 The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and shall be the rules of order of business in Counc Committee. In the case for which provision is not made in this By-law, the procedure to be followed shall be determined by a majority vote of the Meru present and voting Duties 3.1 Council Members of Council shall come prepared to every Meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the Meeting. Whenever possible, the Member(s) shall make inquiries of staff regarding the materials supplied in advance of the Meeting. 3.2 Mayor/Chair The Mayor or Chair shall: Announce the business before which it is to be acted upon c) Receive and submit, in the proper manner, all motions presented by the Members. e) Enforce the Rules of Procedure and rule upon all procedural matters. =Restrain the Procedure k) Enforce on all occasions the observance of order and deco Members and any other persons present in the Chamber h) ~~~~~Wting rder, the Chair may, without any motion to a time to be named by the Chair j) Permit questions to be asked through the Chair of any staff in order to provide Members with information to assist any debate when the Chair deems it proper. By-law ****/12 Page 7 1) Rule whether a motion or proposed amendment is in order. m) Ascertain that all Members who wish to speak on a motion have spoken and that the Members are ready to vote, and shall then put the vote. n) The Chair may speak and/or vote on any question, but if he/she wishes to make a motion, he/she shall first leave the Chair by designating an Acting Chair to act in their place, until they resume the Chair. Types of Meetings of Council =The inaugural meeting of Council shall be held on the first A Council takes office pursuant to the Municipal Elections Act, (i) Call to Order (ii) Invocation (iii) Swearing in ceremold (iv) Inaugural address (v) Adjournment. 4.2 Regular Council Meetings a) All regular MeetingsCil shall be held on the third Monday of each C -Formatted: Highlight month at the hour of pm unless otherwise provided by resolution Formatted: Highlight _ of the Council or unless such a day shall be a public or civic holiday in which case the Council shall meet at the same hour on the next following day, which is not a public or civic holiday; unless otherwise provided by resolutiqm of the Council. ~d) In addition to regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the special Meeting Upon written receipt of a petitio_ the Clerk shall call a Special M date mentioned in the petition. By-law ****/l2 Page 8 The Clerk shall give all Members notice of a Special Meeting twenty-four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk.f .r,delivery of Notices, and in default of provision of such address, to thlember's CA Hall office The notice to be giv considered, as well a Special Meeting 4.4 Closed Meetings a) All Meetings of Council closed to the public will be held prior to the regular start time, unless otherwise provide by resolution of Council, and will only deal with matters that Council is authorized to deal with in a closed session. 4.5 Standing Committee Meetings There shall be a Planning & Development Committee an. Formatted: Highlight Committee, to be considered as Standing Committees o" purposes of this By-law. to be organized as follows The Planning & Develop be comprised of all Mem The Planning & D;olopment Committee shall meet on the first Monday of Formatted: Highlight each month at ? - pm in the Council Chambers. It shall be the duty of Formatted: Highlight the Planning & Development Committee to study and report to Council on matters under the jurisdiction of the Planning & Development Department and the Administration Department d) I've Committee shall meet on the second Monday of each r= Formatted: Highlight pm in the Council Chambers. It shall be the duty of the Executive Committee to study and report to Council on matters under to jurisdiction of the Administration Department, the Corporate Services Department and the Community Services Department. 4.6 Statutory Public Information Meetings a) Public hearings shall be held at Standing Committee meetings, as required by applicable legislation, or by Council, or when considered desirable by staff. By-law ****/12 Page 9 b) Appropriate advertising shall be undertaken as required by applicable legislation, by-law or according to City policy, to advise interested persons of the subject, date and time. All Advisory Committees of Council are required to adhere to this Procedural By-law and the general terms of reference for all advisory committees and at the first meeting following a general municipal election, are required to adopt and approve the specific terms of reference for the committee and forward to Council for approval by no later than march following a municipal election, and All advisory committees are required to present a yearly annual report on the status of the work plan to Council. Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. When a Special or Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved A meeting or part of matter being consid the i nclu a matter in respe another Act, or a meeting held for the purpose of educating or training the Members of Council may be closed to the public, provided that no Member discusses I ' ~J By-law ****/l2 Page 10 otherwise de advances thei committee 5.2 Public information on closed meeting business a) Before holding a Closed Meeting or part of a Meeting that is to be closed to the public, Council or a Committee must state the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting and, if the Closed Meeting is an educational or training session the fact that it is closed pursuant to section 239(3.1) of the Act. b) If a member of Council wishes to introduce new business at a Closed Meeting, it must be introduced in open session after roll call while Council is still in the Chambers. Two Thirds of Council must determine, by vote, whether the matter will be dealt with in closed session that evening. No debate on the issue will take place until the motion to deal with the new business has been decided. 5.3 Information - Confidential All information, documentation or deliberations received, reviewed, or taken in a Closed Meeting, including the agenda, is confidential and must not be released to the public or any individual not entitled to be present at the Closed Meeting. 5.4 Distribution of confidential material The Clerk must distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member's name. Confidential material must not be emailed to Members or staff. 5.5 Limits on voting actions at Closed Meeting No voting may take place during a Closed Meeting except if the vote is for a procedural matter or for giving direction or instructions to officers, employees or agents of the City, or persons retained by or under contract with the City. There shall be no recorded votes at Closed Meetings. 5.6 Attendance at a Closed Meeting Members can only attend a Closed Meeting in person. 5.7 Final decision on item from Closed Meeting Subject to the provisions of Section 239 of the Act, a Closed Meeting agenda item that requires a final decision must be implemented by Council resolution or By-law at a future public meeting of Council. /I By-law ****/12 Page 11 5.8 Authority to speak on Closed Meeting matters When a decision is made by Council to relay information to the public regarding a Closed Meeting item, the Mayor or the Mayor's delegate will release the information. 5.9 Confidential Report When a Closed Meeting of Council has been held, the Public Agenda of the Closed Meeting shall be available at the first Regular Council meeting following the Closed Meeting. 5.9 Enquiries regarding Closed Meetings The response of Members to inquiries about any matter dealt with by Council or a Committee at a Closed Meeting, prior to it being reported publicly, must be "no comment", or words to that effect. No member is allowed to release or make public any information considered at a Closed Meeting or discuss the contents of such a Meeting with anyone other than Members or staff who were present at the Closed Meeting. 5.10 Contraventions a) Any Member who contravenes section 7.8 or section 7.9 is guilty of an offence and upon conviction may be liable to a fine or penalty as provided for in the Provincial Offences Act. b) A decision to prosecute a Member under this section may only be made after Council has met to consider the matter, at which time the Member proposed to be prosecuted may be present and has the option of attending with legal counsel. The said Member has the option of requesting that the Meeting be held in public or that it be closed to the public. c) No prosecution for a contravention of section 7.8 or section 7.9 may be commenced except on the direction of Council, expressed in a resolution of Council. 5.11 Complaints about the appropriateness of a Closed Meeting A person may request that an investigation of whether a municipality or iccal coe complied with section 239 or a procedure by-law in respect to a Closed Meetinw or Q of a Closed Meeting be undertaken by the Ombudsmen appointed under the ,Ombudsman Act if the municipality has not appointed an investigator. Formatted: Four: Italic Any complaints made in relation to Closed Meetings under section 239.1 of the Act must be in writing pursuant to section 239.2 of the Act and directed to the Clerk who will forward them to the Investigator appointed by Council. All complaints are confidential and forwarded directly to the Investigator to be dealt with as required by section 239.2 of the Act. By-law ****/l2 Page 12 Pecuniary Interest Rules 6.1 The purpose of the Municipal Conflict of Interest Act is to ensure Members, do not personally profit from a decision they played a role in making. The Act, lays out the procedure that elected officials must follow when faced with an issue whose outcome could potentially impact their pecuniary interests. 6.2 Actions Regarding a meeting In addition to fully complying with all obligations imposed by the Municipal Conflict of Interest Act, when a Member, has a pecuniary interest in a matter on a Meeting agenda or in a Closed Meeting, the Member must not attempt in any way, either before, during, or after the Meeting, to influence the voting on the matter. Notification of Meetings 7.1 Public Notification Public notification shall be deemed to have been given by the posting of the Council or Committee agenda on the City website and available for public review in the office of the City Clerk as follows: a) Committee Meetings - by 4:00 pm on the Friday, 10 days prior to the meeting date. b) Council Meetings - by 4:00 pm on the Friday preceding the Council meeting. c) Special Meetings - at least twenty-four hours preceding the meeting. d) Closed Meetings - at least twenty-four hours preceding the meeting. 7.2 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may _,i ntly_affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as possible and in the most expedient manner available. 7.3 Meeting Cancellation Upon notice of a Meeting cancellation, the Clerk shall attempt to notify the public as soon as possible and in the most expedient manner available. ice f L, z ataffess Fc.~iG-: M Grs II the GIeFk that 9n_sen! i By-law ****/12 Page 13 Meetings All regular Meetings of the Council and Standing Committee meetings' the Council Chambers at the City of Pickering Civic Complex, One Th. Pickering, Ontario, unless otherwise decided by resolution of Council. 8.2 Chairing of Meetings a) Every Council meeting shall be chaired by the Mayor, if present; b) The Chair of the Standing Committees shall be rotated each meeting amongst the Members of Council, in alphabetical order. 8.3 Clerk's Attendance at Meetings The City Clerk or Clerks designate, shall be present at all meetings of Council; however, he/she may delegate some member of staff to act in his/her stead at a Standing Committee meeting. The Clerk shall record without note or comment all resolutions, decisions other proceedings at a Meeting, whether it be closed to the public or not. ,,.The rec made by: The rules of procedure set out in this By-law shall be obseri _ Committees insofar as they are applicable, provided that, =A report, se forwarded to Committee 8.6 Prohibited - Signs, Banner, Emblems, Flags, Camera's, Video Recordings To ensure that all members of the public are comfortable participating in Meetings: l By-law ****/12 Page 14 Signs, banners, emblems, flags, cameras and video recordings are Formatted: Indent: Left: 1.27 cm, No bullets or numbering, Tab stops: prohibited in the Chambers except by permission of the Chair. Not at 2.54 cm + 3.81 cm + 4.02 cm + 5.08 cm ai Notwithstanding the foregoing the provisions of section 8.6 shall not apply to City Staff Rogers Cable or any other media broadcasting or webstreaming service provider permitted Council. 8.7 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk: a) Shall be allowed on the floor of the place a meeting is being held while Council or a Committee is sitting; b) Material to be distributed to Council during a meeting can only be distributed by the Clerk or the Clerks designate. The Chair, as soon after the hour is fixed for the holding of the meeting of the and if a quorum is present, shall take the Chair and call the meeting to order If a quorum is not present one-half hour after the time appointed for a Meeting of the Council and/or Committee, the Clerk shall record the in the Members present and the Meeting shall stand adjourned until the VnU Meeting aj Council Meetings - If the Mayor does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of the Council and if a quorum is present, an Acting Mayor who has been appointed to this position by a resolution of Council shall preside over the Meeting and have the same authority to chair the meeting as the Mayor would have had, if present When the Mayor and Acting Mayor are absent or refuse to act, the Co may by resolution appoint one of its Members to act in the place and S&- the Mayor and Acting Mayor, and such Member shall have the same authority to chair the meeting as the Mayor. c) Standing Committee Meetings - If the Chair does not attend within fifteen minutes after the hour is fixed for the holding of the Meeting of the Committee By-law ****/12 Page 15 and if a quorum is present, the Council Member who is next in alphabetical order to Chair will assume the position of Chair. pertaining to anyj~- rs of Council. Council may consider any matter without referring it to a Committee or may refer Committees or to any number of Committees and may withdraw a matter from a Committee at any time 8.14 Adjournment Hour/All Meetings All regular Meetings shall stand adjourned when all business has been completed as listed on the Order of Business at the hour of 12:00 am. 8.15 Motion to continue past 12:00 am a) In the event the business before Council has not been completed at the hour of 12:00 am, then Council may, by a majority vote of all the Members present, approve an extension of the Meeting to the hour of 1:00 am. b) At 1:00 am any unfinished business shall be deferred to the next regular Meeting of Council, unless a resolution of Council to reconvene the Council Meeting to another day and time prior to the next regular Meeting of Council is adopted by majority vote. If a resolution of Council to reconvene the Council Meeting to another day prior to the next regular Meeting is adopted, the Meeting must be rescheduled not sooner than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. c) Motions to continue past 12:00 am are not debatable. Conduct at Meetings 9.1 Members of the Public The Chair will ensure that members of the Public shall be respectful of Council, staff, delegations and all attendees at the Meeting by not heckling, speaking disruptively while debate is in progress, making comments or applauding. 9.2 Members of Council Members of Council shall: - .L By-law ****/12 Page 16 a) act in accordance with their Oath of Elected Appointed Officials; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings. not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario, not use offensive words against any Member, not criticize any decision of Council except for the pur motion to reconsidered a previous decision of Counc 9.3 Actions When a Members Behaviour Inappropriate 9.4 The Chair may Call the Member to Order and take one or more of the following actions: a) decide that there was no beach of the rule. b) ask the Member in breach of the rules to stop the behaviour; c) ask the Member to withdraw what was said; d) ask the Member to apologize, or 9.5 If previous attempts to call the member to order have failed, the Chair may, decide not to recognize the Member, for the balance of that meeting, in which case the Member shall not speak or vote for the remainder of that Meeting. Order of Business (a) Meeting Calls (b) Invocation (c) Disclosures of In (d) Minutes of Previ (e) Presentations (f) Delegations (g) Correspondence (h) Committee Reports (i) New and Unfinished Business (j) Motions and Notices of Motion By-law ****/12 Page 17 (k) By-laws (1) Confidential Reps (m) Other Business (n) Confirmation By-O (o) Adjournment. Presentations 11.1 Presentations ,Charities, organizations or individuals wishing to address Council tom. Members of special events or achievements, and to seek Council's recognition of the event or achievement. shall request the opportun) granted presentation status . It shall be the duty of the Mayor to make presentations and to accept presentations, on behalf of Council, at Meetings of Council. Where a presentation is made or accepted from an organization on which a m of Council has been appointed to sit, the presentation shall be jointly accepted with the appointed member of Council. Where otherwise appropriate, presentations may be made or accepted jointly with at member or members of Council. _The request for presentation status shall be submitted to the Clerk, in writing, no later than fourteen days preceding the meeting at which the presentation is to be made. Delegations 12.1 Delegations ~~E}r}i~z?i? 'l f rs cJ,_ _La f8 ~a-Si?. 3 #{E c . =a of the rnatte nFl > 8rF t@ 3 a c3ilE (i-Ft~ ~i3ti}I iii r~ ~rrdt= b) if the deIegaao+i-has--subwiUeG fistAd AR - the agenda, the GIeFk shall not FegisteF the delegatien again at delegation at the Standing Committee. G) All delegations desiFiRg to be Reted in the agenda to YeFbally pFersen ion an agenda rna#eFs may make appliGatien stating the nature ef "-r By-law ****/12 Page 18 9, the is~ k~e;t ~wsh toaddr + o~~request m -be4,-v, 4- .Fin. ied and dist4L- ted-a.., ~ -nr~r.~n-rc vp CGURGH may be heaFd upon a twe thirds majority vote ef the Members laflleGp~} v"''r e) De FfSt 3e-refeFred tee the e s^c~vbj j°"+ mo++tet. er have fade - Deleqatien6 that have . Fesented infemation on matters of faGt shall be rmatted: Indent: Left: 1.27 cm, Fo bullets or numbering, Tab stops: Not at 3.81 cm + 4.02 cm + 5.08 cm a) Prior to appearing before Council every delegation shall be required to Formatted: Indent: Left: 2 cm, No appear before the Standing Committee having charge of the matter of fact or bullets or numbering the request which is the subject matter of the delegation. b) All delegations for items listed on the agenda for a Meeting shall register i;': writing with the City Clerk by 12:00 noon on the Meeting date. c) Delegation requests where the subject nutter is not listed as an agenda iiere will be limited to 5 per meeting. d) Delegations that have not registered in vvritina bv 12:00 noon oil the ivleeii c date shall only be added to the agenda if permitted by a tvro-thlr ds maiali2~ vote of Members present at the Meeting. . e) Delegations who wish to have their name entered on the Agenda pages rn~si register in writing no later than 4:00 pm on the Wednesday 10 days prior io the Meeting. f) Delegations are encouraged to submit a written brief and, if the brief is submitted to the Clerk by noon on the Friday Preceding the MeeL--i s`s be copied and distributed as "Delegation" submissions to Members g) Delegations not appearing on the Agenda but who want to verbai+! information of an urgent nature to the Council fYlca, `Lbe heard iiy jpo i LJ By-law ****/12 Page 19 12.2 Delegation Time Limit a) A maximum of five 10 minutes shall be allotted for each delegation to present his/her position at + ~ficet, og. b) Delegations will not be permitted to assume any unused time allocated to another delegation. 12.3 Delegations at a Statutory Public Meeting Delegations will be permitted from the gallery without prior registration only during ,;,e a Statutory Public hearing portion of a Meeting under the provisions of the Planning Act, or prior to the adoption of certain by-laws at a Council Meeting, if required, to comply with applicable laws. Delegations are not required to register for a Statutory Public In orrnation Meeting but, are encouraged to do so in order to facilitate the efficient conduct of the Meeting. 12.4 Delegations Requesting Action Delegations which appear at a meeting and request that action be taken by the Council shall.. j~uired by a majority of the Members present at the Meeting be referred to City staff, for a report that shall be dealt with at a future Meeting of Council. 12.5 Audio Visual Equipment for Delegations The City's audio visual equipment may be used to assist in presentations by delegations, provided that permission has been obtained for use of such equipment from the Clerk at least 5 working days prior to the Meeting date. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the Committee meeting at which the delegation is to appear. Delegations shall be listed in the agenda in the order in which requests were received by the Clerk, it being understood that where more than one person wishes to make a presentation on a particular matter, the proponent or his or her authorized representative will be listed last in order to afford the proponent the oppor making presentation after all other interested persons have done so 12.7 Conduct of the Delegate a) The Chair may curtail any delegation, any questions of a delegation or any debate during a delegation for disorder or any other breach of this by-law and, if the Chair rules that the delegation is concluded, the person or persons I By-law ****/12 Page 20 appearing shall end the delegation, and the decision of the Chair shall not be subject to any challenge. b) Delegations shall not: (i) speak disrespectfully of any person; (ii) use offensive words; (iii) speak on any subject other than the subject for which they have received approval to address Committee/Council; (iv) disobey a decision of the Chair or Committee or Council; (v) debate with other delegations, City staff, Council Members or the Chair. 12.8 Questions to the Delegate a) Upon the completion of a presentation to Committee or Council by a delegation, any discussion between Members and the delegation shall be limited to Members asking questions for clarification and obtaining additional, relevant information only. u, +;o All questions to a delegation from Members shall be stated succinctly- Nilembers shall not question a delegation for the purpose of expanding the scope of the delegation's remarks or for adding the Member's own statements through the delegation. Delegations are an opportunity for delegates not Members to make their views known. For example, questions from Menioers such as "are you aware", "do you agree" of .wouldn't you say" shall not be perrF"i~_ a-y_ as they do not seek clarification or additional relevant information. Members shall not enter into debate with delegations. Questions to the delegation shall be presented in a courteous and non-argumentative manner. Once a motion has been moved and seconded, no further representation or questions of the delegation shall be permitted. Correspondence ' A11 correspondence intended to be presented to Council through the Council agenda shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shalt be filed with the Clerk by no later than 12:00 noon on the Wednesday before the Meeting of Council. ;The Clerk shall prepare a su for inclusion in the agenda 'f By-law ****/12 Page 21 c) Petitions are a specific form of correspondence that must be presented to the Clerk for Committee or Council action. Petitions must include a statement or position that the signers are supporting, the legible printed names of the signers and the original signatures of each of the signers. Individuals who are represented by photocopies of their signatures will not be considered valid supporters of the petition. The individual or group initiating the petition, or submitting the petition to the Clerk, must provide a key contact name, address and telephone number to the Clerk. Committee Reports 14.1 Committee Reports Standing Committee reports which are to be adopted by Council shall be forwarded to the first regular Council Meeting following the meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. New and Unfinished Business Departmental reports which are deemed by the Chief Administrative Officer to be of urgent nature and which have not been considered by a Standing Committee shall bo listed under the New and Unfinished Business section of the agenda for Council's consideration. A Member may, with the consent of two-thirds of the Members present, introdts a motion under New and Unfinished Business if the motion cannot, due to its urgent nature, be properly presented at a Meeting in accordance with section 161 b) A Member desiring to introduce a main motion must do so in writing to the Clerk. Notice of Motion 16.1 Notices of Motion a) A Member desiring to introduce a notice of motion must do so in writing at any meeting, at least 10 days prior to the Meeting at which the motion will be dealt with. Introduction of notices of motion must be done as "Other Business". b) In order to be listed in the agenda a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 pm on the Wednesday prior to the Council Meeting at which the motion will be dealt with. J By-law ****/12 Page 22 c) The Clerk, upon receipt of a notice of motion in accordance with a) and b), shall print the motion in full in the agenda for the Council Meeting at which it is to be dealt with. . d) A notice of motion that has been introduced but does not appear on the agenda within two Council Meetings shall be removed from the list of upcoming agenda items, unless otherwise directed by Council. By-laws 17.1 By-laws a) All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. every by-law when introduced, shall be in typewritten form, shall be complA except for the by-law date and number and shall contain no blanks except such as may be required to conform to accepted procedure or to comply vd the provisions of any Act, and every by-law which has been passed by the Council shall be num dated sealed with the seal of the Corporation signed by the Mayor . Clerk and deposited by the Clerk in his/her office for safekeeping Other Business 19.1 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance or interest. 19.2 Notice of Motion A Member who wishes to give notice of a motion to be brought forward for future Council consideration shall do so in writing under "Other Business". 19.3 Substantive Information Reports All Members' requests for substantive information from staff, shall require the approval of a majority of Members present at a Meeting. Motions to request reports shall identify the appropriate Department and/or Director and the objective(s) of the report. Confirmatory By-law By-law ****/12 Page 23 At the conclusion of all regular and special Meetings of Council, and prior to adjournment, a by-law shall be brought forward to confirm the actions of the Council in respect of all motions, resolutions and other actions taken subsequent to the last regular Council Meeting. A confirmatory by-law, when introduced, shall be taken as having been read and shall be voted on without debate. Adiournment A motion to adjourn is non-debatable. Rules of Debate 22.1 Chair Reads Motion Aloud To begin debate, the Chair reads the motion aloud. 22.2 Requirement to Read Motion Any Member may require a motion under discussion to be r debate but not so as to interrupt a Member while speaking. 22.3 Decorum During Debate During debate, and while the Chair is speaking, or when the C voting, no Member is permitted to disturb the Council by whisp the floor, or in any other way except to raise a point of order 22.4 Recognition of Member Every Member shall rai any matter or motion 22.5 Order of Speakers When two or more Me Member who has the fl' raised their hand first 22.6 Speaking to a Motion A maximum of f ve 10 minutes shall be allotted to each member wishing to speak to resent his/her position the motion. N_ I By-law ****/12 Page 24 with leave of for not more than 5 additional minutes, of a material incorrectly for not more than 5 additional minutes, - in reply, as may be allowed presented the motion, in wh than a five minute period 22.7 Questioning the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion aril such question must be stated concisely and asked only through the Chair. bi Notwithstanding the above, when a Member has been recognized as the 40 speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion but only for the purposell obtaining information, following which the Member shall speak. 22.8 Proceedings Decided by Chair In all other proceedings of Council, the m an appeal to Council on a point of order 22.9 Chair's Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair's decision, the decision of the Chair shall be final. 22.10 Appeal of Decision of Chair If the Member appeals to Council, it shall be done by a duly moved and seconded motion and Council shall decide the question without debate and the decision shall be final. The question to Council would be "Do you support the Chair's ruling, "Yes" or "No". A tie vote sustains the decision of the Chair. Common Motions 23.1 Seconding A motion must be formally recorded in the Minutes. 23.2 Withdrawal I By-law ****/12 Page 25 The mov to it being' Meeting After a motion has been read or state possession of Council, but may, with t time before decision or amendment 23.3 Priority of Disposition A motion properly before Council for decision must be disposed of before any other motion or matter can be introduced with the exception of any one of the following a) a point of b) to table c) to divide d) that the q e) to refer 0 to defer g) to amend h) to suspen i) to recess I) to adjourn; 23.4 Questions of Privilege and Points of Order The Chair shall Aces n e order and decide points of order and questions of privilege When a Member has a point of order or question of privilege it shall be considered and decided immediately. The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the matter. If leave is granted by the Chair, the Member has not more than 1 minute to state his/her point to the Chair and await the decision of the Chair. Once the Chair has made a decision the business of Council shall resume at the point where it was suspended. 23.5 Motion to Table 23.6 Motion to Divide By-law ****/12 Page 26 A motion containing distinct propo taken upon each proposal containe' the Members present and voting 23.7 Referral Motions A motion to refer a motion or matter to a Committee or to City staff with instructions is debatable and amendable but, shall be disposed of by CQM before the original motion or any other motion pertaining to the original motion b) A member who moves a motion to refer shall also include in the motion: (i) The name of the committee, body or official to whom the motion or amendment is to be referred; (ii) The terms upon which it is to be referred; and (iii) The date or period, if any, within which the matter is to be returned. 23.8 Motion to Postpone to a Certain Time/Deferral Motion A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, if applicable and shall be in order after a motion is read or stated by the Chair and debate shall be confined to the propriety of the deferral 23.9 Amendments i) shall be presented in writing if requeste _ ii) shall be relevant to the original motion, iii) shall be disposed of by Council before t iv) shall not be received if it proposes a dir motion. 23.10 Motion to Adjourn a) Is not debatable or amendable; Formatted: Numbered + Level: 1 + b) Is always in order except when a member is speaking or cluing a vote; Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 0.63 c) If carried requires that the Meeting be immediately halted, regardless of the cIndent at: 1.27 cm stage of proceedings: d) If not carried no new motion to adioum may be made again unti! ?`t-r o., intermediate proceedings shall have been completed by Council ,J By-law ****/12 Page 27 23.11 Reconsideration After a matter has been decided, any Member who voted in the majority may move for reconsideration at the same meeting, or may give notice of a motion for reconsideration of the matter at a subsequent meeting. No discussion of the original motion shall be allowed until the motion for reconsideration has carried. A reconsideration motion requires a two thirds vote of the members present. No matter shall be reconsidered more than once within 12 months. 23.12 Motion to Rescind A motion to rescind a previous resolution of Council requires a majority vote of the Council provided that notice has been given at the previous meeting or in the call of the meeting and if notice has not been given, a motion to rescind requires a two-thirds vote of the Members present and voting 23.15 Question Stated immediately preceding a vote, the Chair may sta and shall do so if requested by a Member. The form in which it will be recorded in the Minutes. 23.16 No Interruption After Question After the Chair has called the vote on a motion, no Member shall speak to the motion nor shall any other motion be presented until, after the vote and the result has been declared Voting 24.1 Requirement to Vote All members present and seated must vote, if a Member is present and does not vote he/she is deemed to have voted in the negative. 24.2 Vote Not Allowed 24.3 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 24.4 Determination of Votes i -r By-law ****/12 Page 28 _ Formatted: Highlight 24.6 Decorum While Calling Vote When the Chair calls for the vote on a motion, each Member shall occupy their seat and shall remain in their seat until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 24.7 Disagreement with Result of Vote If a Member disagrees with the announcement of the Mayor that a motion is carried og defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a recorded vote shall be taken. 24.8 Recorded Vote of Council Where a vote of Council is taken for any purpose and a Member requests immediately prior or immediately subsequent to the taking of the vote that the vote be recorded, each Member present, beginning with the requester of the recorded vote and continuS alphabetically from that member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the GIs shall record each vote. The Mayor shall be called upon to vote following all other Members. 24.9 Vote of the Chair The Chair , except when disqualified to vote vote with the other Members on all questions. 24.10 Vote on the Question A motion that a vote on the question be now taken: a) cannot be amended or debated; b) cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put; c) when resolved in the affirmative, shall be followed immediately by the original motion which shall be put forward without debate or amendment; d) can only be moved in the following words: "That the question be now put" or "Call the question"; and By-law ****/12 Page 29 e) requires a two-thirds vote of the Members present. Contingencies five of seven Membell four of six Members three of five Members three of four Members Debbie Shields, City Clerk 66 ezrq Report to Executive Committee PICKE1\1 Report Number: CAO 10-12 Date: May 14, 2012 From: Paul Bigioni City Solicitor Subject: Park Vendor Permits - File: L-2300-001-12 Recommendation: 1. That Report CAO 10-12 of the City Solicitor regarding the issuance of Park Vendor Permits be received; 2. That a Park Vendor Permit be issued to Donkey Kone Inc. for Kinsmen Park, in accordance with RFP 2-2012; 3. That the attached draft by-law setting out the procedures for the issuance of Park Vendor Permits, be enacted; and 4. That the City Clerk be authorized to issue Park Vendor Permits to future applicants on a "first applied, first issued" basis. Executive Summary: The City's Municipal Law Enforcement Services Section has proposed a pilot project for the licensing of vendors in specific City parks. Consultation has occurred with minor sports groups and with other municipal staff to determine appropriate locations and identify specific concerns. An RFP process was undertaken to ensure that, should there be multiple interested vendors, permits would be awarded in a fair and unbiased manner. Unfortunately, only two vendors submitted proposals. As both were for the same location, (Kinsmen Park), the evaluation process was completed and staff recommend awarding the Kinsmen Park Vendor Permit to Donkey Kone Inc., the highest ranking proponent. In addition, based on the limited response to the RFP, staff recommend that future Park Vendor Permits be awarded to applicants who meet all of the required criteria, on a "first applied, first issued" basis. port CAO 10-12 May 14, 2012 Subject: Park Vendor Permits 'Page 2 Financial Implications: Revenue from the Park Vendor Permit program will vary based on the number of permits issued. There were no applicants for 5 of the 6 locations proposed. The Kinsmen Park Vendor Permit will generate revenue of $3,500.00 for the season. If 1 permit was issued for each of the City's 6 parks proposed, the total revenue would be $14,500.00 annually. Discussion: Municipal Law Enforcement Services Section has discussed with Parks, Operations, and Supply and Services the implementation of a pilot project to issue Vendor Permits for sales of ice cream, refreshments, and other food products at suitable City parks. A Request for Proposal was developed with the assistance of Supply and Services, outlining specific. locations available, minimum bids per location, requirements for insurance,' inspections, criminal background checks, vehicle standards, products prohibited from being offered for sale, site restrictions, and other relevant considerations. Other municipalities such as Whitby, Mississauga, Thunder Bay, and Toronto, provide Vendor Permits to allow sales to take place in City parks under strict conditions. This practise has a number of benefits including generating revenue, ensuring that vendors are inspected, insured and meet the conditions established by the municipality while offering park users access to refreshments and snacks. Permit fees range from $600 per month to over $5500 per year, depending on the location and the amount of usage. The City's Parks By-law 5495/99, Part VII, Section 36 (1) states that: "Unless authorized by permit, no person shall, while in any park, sell or offer or display for sale: (a) any food, drink or refreshment (b) any goods, wares, merchandise or articles including promotional material, souvenirs and novelties; or (c) any art, skill, service or work." The City's Municipal Law Enforcement Services Section has dealt with illegal vendors in City Parks for many years. In some cases, minor sports organizations have invited vendors into the parks for their events, without authorization from the City. Comments have been received from park users indicating that they would like the opportunity to purchase ice cream, snacks or drinks from a vendor while attending City parks for various organized sports, such as soccer, baseball and football. Vendors have also inquired as to how to obtain a permit to be in compliance with the Parks By-law. Many are willing to follow regulations established for the opportunity to utilize the City's parks as a vending location. In May of 2011, the Municipal Law Enforcement Services Section hosted a meeting with the Director of Community Services, Parks and Operations staff to discuss implementing a pilot project to permit vendor sales at suitable City parks. CORP0227-07/01 revised Report CAO 10-12 May 14, 2012 Subject: Park Vendor Permits Page 3 After initial discussions regarding appropriate parks, basic vendor requirements, and consultations with minor sports groups currently operating authorized vending canteens, it was determined there was insufficient time to implement the program for 2011. The idea was reviewed again this year, and staff proceeded with a Request for Proposal. Staff recommend the following locations as suitable for Vendor Permits. Staff recommend minimum permit fees for each site based on activity levels, as follows: Kinsmen Park $3,000.00 Dunmoore Park $2,500.00 Bev Morgan Park $2,000.00 Chris Graham Fields $2,500.00 Princess Diana Park $2,500.00 St. Mary's Sports Field/Amberlea Park $2,000.00 (one vendor to service both sites) The Request for Proposal was advertised on the City's website, as well as in the form of a . community page advertisement. While several inquiries were received by Supply & Services, only two applicants submitted proposals, both for Kinsmen Park. The appropriate evaluation was completed and staff recommend that Donkey Kone Inc., the highest rated proponent based on the RFP criteria, be awarded the 2012 Park Vendor Permit for Kinsmen Park. For all other park locations listed above, and for future Kinsmen Park applications, staff recommend that the proposed fees be approved and that permits be issued on a first come, first served basis, to applicants who meet the specified criteria. Permits specify the season start and end date, the hours of operation, garbage disposal responsibility, the exact location within the parking lot in which the vehicle may be parked, as well as a requirement to remove the vehicle at the end of each day. Applicants are required to submit a product list, serving sizes and prices, a copy of incorporating documents, if applicable, photographs of the vehicle or equipment, current provincial vehicle ownership registration and current safety standards certificate, a certificate of clearance from the WSIB, and proof of insurance in a minimum amount of $2,000,000.00 naming the City as an additional insured. Upon confirmation of the application, the licensee must also submit documentation confirming a Region of Durham Health Department inspection and approval, the names of staff who will be operating refreshment vehicles with accompanying criminal background record checks, and, if the vehicle is fitted with propane or natural gas, a letter from an authorized gas fitter certifying that the installation is to the applicable Code. CORP0227-07/01 revised Report CAO 10-12 May 14, 2012 69 Subject: Park Vendor Permits Page 4 The pilot project will be implemented for the 2012 sports season, with a review conducted at the end of the season to address any issues prior to the issuance of any permits for 2013. The attached by-law would allow the Park Vendor Permit program to continue at the City's discretion on an ongoing basis. The implementation of the Park Vendor Permit program provides additional services to park users, generates additional revenue, and ensures that vendors meet the standards established by the City. By providing vendors with the opportunity to sell their items legally, enforcement activity is further strengthened if and when illegal vending does occur. Attachments: 1. Draft Park Vendor Permit By-law Prepared By: Approved/Endorsed By: U Kimb hompson, MM III, CPSO Debbie Shields, Manager, By-law Enforcement Services City Clerk Paul Bigioni City Solicito . Recommended for the consideration of Pickerin ity Coy ciI 30 ZO/Z Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised r The Corporation of the City of Pickering By-law No. /12 Being a by-law to create and regulate Park Vendor Permits within City parks WHEREAS section 151 of the Municipal Act, 2001, as amended, provides that a municipality may provide for a system of licences with respect to businesses and may prohibit the carrying on or engaging in a business without a license and impose conditions as a requirement of obtaining a licence; AND WHEREAS the Council of The Corporation of thesCity of Pickering deems it necessary to implement a system of licensing to regulate vendors in City parks, subject to fees and conditions established by the City Clerk and the requirements of the Parks By- law. Now therefore the Council of The Corporatiowof the City,of. Pickering` hereby enacts as follows: Definitions 1. In this by-law, "City" means4the geographical area`of the City of Pickering or The Corporation of the City of Pickering, as the context requires; "issued". means issued or renewed by the :City under this by-law and "issuance" has a corresponding meaning';- and "Park Vendor Permit". means `a permit issued by the City in accordance with the requirements of this'by-law. Park Vendor Permit AOPlicaftions: 2. An application for a`Park Vendor Permit shall be completed using forms provided by the City Clerk. 3. Every Park Vendor Permit application shall be submitted to the City Clerk and be accompanied by: (a) Proof of vehicle liability insurance in the amount of two million ($2,000,000). (b) Current Provincial vehicle ownership registration and current safety standards certificate. (c) Photographs of the vehicle or cart. (d) If the vehicle is fitted with propane or natural gas, a letter from an authorized gas fitter certifying the installation complies with the applicable code. (e) Proof of Comprehensive General Liability Insurance naming the City of Pickering as an additional insured. (f) Certificate of Clearance from the Workplace Safety and Insurance Board. (g) Articles of incorporation or sole proprietorship documentation. (h) The applicable permit fee established for.the location. (i) The menu including, but not limited,topricing, sizeof serving, type of food items. Q) Region of Durham Department of Health Clearance Certificate. (k) The names of staff who,.Will :be operating the vehicle or refreshment cart with accompanying Criminal Records Checks. (1) such other information as the City may require. General Park Vendor ;Permit Requirements` 4. The exterior appearance of tfe vehicle must be neat and professional. 5. All signage must `be professionally printed, hand written signs are not allowed. 6. The vehicle size and appearance must be approved by the City. 7. Vehicles may not remain on site locations on a full time or overnight basis. 8. All on site garbage generated by the operation must be removed daily. 9. Appropriate garbage'containers must be provided for customers' wrappers and refuse at all times and emptied when required. 10. Portable generators are not permitted. 11. No electrical or water supply is available on site. 12. The Park Vendor Permit must be posted in a conspicuous place on the vehicle or cart at all times during sales operations. 13. Separate Park Vendor Permit applications must be made for each location. i 72 Terms of Permit: 14. Park Vendor Permits shall be valid only for the locations and dates specified on the permit. 15. Recurring incidents or failure to rectify infractions may result in immediate withdrawal of:permisssion to operate on City of Pickering property. 16. The City retains the right to terminate any Park Vendor Permit without cause within thirty (30) days by written notice. 17. Park Vendor Permits or designated locations are not transferable to any other operator, or to heirs, successors or assigns. 18. Vendors must comply with all applicable federal; provincial or municipal regulations. Return of Permit: 19. Where a Park Vendor Permit has been revoked, the holder of the ,permit shall return it to the Clerk within twenty-four (24) hours of receipt of notification of revocation. 20. Where the Park Vendor Permit is~not returned within twenty-four (24) hours as set out in section 19, an officer may enter uponthe premises of the holder of the Park Vendor Permit for::the purpose of receiving or taking ffi6"Permit and no person shall refuse to delive in 'any way obstruct or prevent the officer from obtaining the Permit. Locations and Fees:... 21. The following City park locations may have Park Vendor Permits issued for the fees outlined below, at the sole discretion of the City: Locations Permit Fee Kinsmen Park "(Permit excludes Canada Day Operation) $3,000.00 Dunmoore Park $2,500.00 Bev Morgan Park $2,000.00 Chris Graham Fields $2,500.00 Princess Diana Park $2,500.00 St. Mary's Sports Field/ Amberlea Park $2,000.00 (one vendor to service both sites) 7 3 By-law read a first, second and third time and finally passed this 22nd day of May, 2012. David Ryan, Mayor Debbie Shields, City Clerk a.- t l Ctrs co Report to Executive Committee 7 4 ICKERING Report Number: CAO 11-12 Date: May 14, 2012 From: Paul Bigioni City Solicitor Subject: Licensing Private Property Parking Enforcement Officers - File: L-2220-003-11 Recommendation: 1. That Report CAO 11-12 respecting the licensing of private property parking enforcement sites, contractors and officers be received; 2. That the attached draft by-law amending Traffic and Parking By-law 6604/05 to provide regulations for the licensing and appointment of officers to enforce the Traffic and Parking By-law on private property be adopted; and; 3. That the City Clerk be authorized to: (i) appoint licensed private property parking enforcement officers for private property parking enforcement, (ii) implement conditions for licensing and associated fees and (iii) implement private property parking enforcement policies and procedures. Executive Summary: The City of Pickering currently administers private property parking enforcement through the individual appointment of officers to specific properties. Each of these appointments requires a by-law to authorize the appointment to enforce parking regulations on private property. There are presently 82 different sites and 202 officers appointed for private property parking enforcement in Pickering. Property owners frequently arrange parking enforcement on private property with outside contractors and the security companies hire staff to monitor the property. The security contractors experience significant turnover in staff and the City receives ongoing requests for appointments or changes to site locations which requires a by-law to Council to authorize each appointment. As the tickets issued are City of Pickering tickets, any problems experienced in the course of enforcement reflect on the City's reputation. Licensing private property parking enforcement contractors will streamline the process for private parking enforcement. officer appointments, ensure that tickets are issued in accordance with City policies, improve ticket accuracy, and improve the level of service to the public. Report CAO 11-12 May 14, 2012 75 Subject: Licensing Private Property Parking Enforcement Officers Page 2 Financial Implications: Revenue of approximately $15,000.00 for the first year, then $10,000.00 annually, offset by costs of identification cards of $375.00, initial set up of Amanda software to register licences and staff time to inspect signage and provide officer training. Discussion: The City of Pickering provides parking enforcement for fire routes and handicapped spaces on private property. All other private parking enforcement related to visitor parking regulations, resident parking policies, unauthorized vehicles utilizing the property, etc., are left to the property owner to arrange enforcement. In the majority of cases, this service is contracted out to a private security company. The security company submits a request to the City to have their officers appointed by Council. An individual by-law is prepared for each request and each month a by-law is prepared for Council's consideration. While the private security officers issue City of Pickering tickets, they currently receive only an information booklet regarding City parking policies. When tickets issued on private property are disputed and go to trial, the private security officers frequently fail to attend, and the prosecution fails. Licensing private property parking enforcement officers will allow for one general by-law to be passed which authorizes the appointment of private property parking enforcement officers. The City will have the opportunity to monitor, train, inspect and provide policies and procedures on a consistent basis. This will also eliminate the ongoing creation of individual by-laws for each staff change at a private security company. Registering private property sites will also ensure that municipal staff inspect the property prior to enforcement to ensure that adequate signage is posted reflecting the policies the property owner wishes enforced. Security companies will pay a registration fee to the City which will permit any officer employed by them and licensed by the City to issue City of Pickering parking tickets on any of the sites they are contracted to service. On properties where parking enforcement is provided by condominium corporation volunteers, licensing will be required, but will be offered at no charge. All private security officers employed by companies contracted to provide parking enforcement services in Pickering will be required to be licensed by the City. They will attend a brief training session outlining the Traffic and Parking By-law provisions, officer responsibilities, and City of Pickering policies regarding parking enforcement. Once training is completed, licensed officers will be issued photo identification confirming their appointment by the City of Pickering to issue parking tickets on private property. Policies and procedures will also be implemented to enable licenses to be revoked for unprofessional behaviour or failure to appear in Court. CORP0227-07/01 revised Report CAO 11-12 May 14, 2012 75 Subject: Licensing Private Property Parking Enforcement Officers Page 3 There are three components to the licensing of private property parking enforcement. The first requirement is for the property owner or manager to register the site with the City of Pickering. The second step is the registration of the agreement between the private security contractor and the property owner or manager to verify the service provider for the site. Finally, the individual private security officers will be licensed. Site Registration The property owner or manager must complete an application form and submit it to the City outlining the policies and regulations it is seeking to have enforced. (i.e., visitor parking, customer parking area, resident parking restrictions, etc.) City staff will conduct a site inspection to determine if appropriate signage is in place, reflecting the proposed enforcement. An annual application fee of $75.00 initially, and $50.00 for renewals will be charged. Private Security Contractor Registration Private Security Contractors will be required to file a copy of their agreement with a property owner, confirming that they have been contracted to provide parking enforcement services for the site. In addition, a list of staff employed by the company must be submitted to confirm that their officers are licensed by the City to issue parking tickets on private property. An annual fee of $50.00 per site will be charged. Private Property Parking Enforcement Officer Licensing Individual officers will be required to attend a brief training session (2 hours) outlining the Traffic and Parking By-law provisions, their responsibilities, and City of Pickering policies regarding parking enforcement. Upon completion of the training course, officers will be issued a license in the form of photo identification confirming their appointment by the City to issue parking tickets on the private lands for which their company has a security contract. The fee for officers being trained and licensed for the first time is $50.00. An annual renewal fee of $25.00 will be charged once initial training is complete. An up to date photo identification card will be issued each year. In situations where private property parking enforcement is provided by the property owner individually, condominium corporation volunteers, or another designate who is not being paid to provide the service, no fees will be charged, however, the same review of the enforcement proposed, signage in place, and officer training will be required. The implementation of a registration and licensing program will ensure that the City has a better overview of who is providing services to a property, the type of enforcement being provided, and the ability to address any issues which may arise. Provincial legislation has been enacted to regulate private security services. Our municipal licensing initiative simply extends this process and ensures that the City is CORP0227-07101 revised i Report CAO 11-12 May 14, 2012 77 Subject: Licensing Private Property Parking Enforcement Officers Page 4 being proactive in monitoring the various contractors providing private property parking enforcement. Many other municipalities have already implemented similar systems, including Oshawa, Toronto and Mississauga. Since many of the private security contractors operating in Pickering, currently provide services in these other municipalities, a licensing process will not be unfamiliar to. them and will actually increase the professionalism of their service within the City. Licensing private property parking enforcement sites, contractors and officers will ensure that the City has a better level of control over the enforcement provided. The information gathered during the licensing process, as well as the training provided, will improve the professionalism of parking enforcement on private property. Attachments: 1. Amending By-law to regulate private property parking enforcement Prepared By: Approved / Endorsed By: Kimberl ompson, MM III, CPSO Debbie Shields, Manager, By-law Enforcement Services City Clerk Paul Bigioni, City Solicitor. Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci Council P'mz Z, 2olz Tony'Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised The Corporation of the City of Pickering 78 By-Law No. XX/12 Being a by-law to amend By-law No. 6604/05 Whereas By-law No. 6604/05 provides for the regulation of traffic and parking on highways, private property and municipal property within the City of Pickering; And Whereas Subsection 15 (1) of the Police Services Act, R.S.O. 1990, c. P.15, authorizes a municipality to appoint persons to enforce the by-laws of the municipality; and, And Whereas the City of Pickering deems it necessary to provide for the licensing and appointment of officers to enforce municipal parking by-laws on private property, Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. By-law No. 6604/05 shall be amended by adding the following sections: Private Property Parking Enforcement 36.4 (1) In this section, (a) 'owner means the person identified in the most recent tax roll as the owner of any private property; (b) "person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; (c) "private property parking enforcement officer" means a person who has met the requirements outlined by the City Clerk and been issued a license as a private property parking enforcement officer;' (d) "private property" means buildings, lands and premises within the City of Pickering that are not owned or occupied by the City, the Provincial Crown or the Federal Crown; (e) "private property parking enforcement" means the issuance of a parking infraction notice to a vehicle(s) parked or stopped on private property in contravention of the parking regulations posted on the property; and, CORP0223-07/01 By-Law No. XX/12 Page 2 79 (f) "private property security contractor" means a company hired by the property owner or property management to provide private property parking enforcement. (2) The City Clerk shall implement policies and procedures establishing the requirements for the licensing of private property parking enforcement officers to enforce municipal parking by-laws on private property. The policies and procedures shall include application and training requirements, site registration requirements and fees, and shall include any and all requirements for becoming licensed, for remaining licensed, and for having a license revoked. (3) In addition to Section 42 of this by-law, any person who has been licensed pursuant to the policies and procedures established by the City Clerk, and who complies with the requirements to maintain the license, is appointed as a private property parking enforcement officer for the purposes of enforcing the City's Traffic & Parking By- law 6604/05, as amended, and any subsequent by-law, on private property. (4) No owner shall cause or permit private property parking enforcement to take place on their property unless provided by a private property parking enforcement officer. (5) No owner shall cause or permit the issuance of any document in relation to a vehicle parked, stopped or standing on their property other than: (a) A certificate of parking infraction and parking infraction notice issued under Part II of the Provincial Offences Act; (b) A Tow Notice in a form authorized by the City; (c) Other documents, if any, approved by the City. (6) No owner shall cause or permit private property parking enforcement without registering the property with the City. (7) No private property security contractor shall cause or permit the issuance of any document in relation to a vehicle parked, stopped or standing on private property other than: (a) A certificate of parking infraction and parking infraction notice issued under Part II of the Provincial Offences Act; (b) A Tow Notice in a form authorized by the City; By-Law No. XX/12 Page 3 80 (c) Other documents, if any, approved by the City. (8) No private property security contractor shall provide parking enforcement on private property without registering the site with the City Clerk. (9) No private property security contractor shall request or require payment of an administrative or any other fee by the owner or driver of a vehicle parked, stopped, or standing on private property. (10) Every private property security contractor must provide an indemnity agreement, maintain liability insurance and file a current certificate in a form and amount satisfactory to the City. (11) Private property security contractors may only employ licensed private property parking enforcement officers for the purposes of parking enforcement on private property in the City. (12) Signs must be posted on the property indicating policies to be enforced and must be reviewed and approved by the City prior to enforcement. (13) A Private Property Parking Enforcement Officer must carry, and provide upon request, licensing identification issued by the City. (14) No private property parking enforcement officer shall prepare or issue any document in relation to a vehicle parked, stopped or standing on private property other than: a) A certificate of parking infraction and parking infraction notice issued under Part II of the Provincial Offences Act; b) A Tow Notice in a form authorized by the City; c) Other documents, if any, approved by the City. (15) No person shall request or require payment of an administrative or any other fee -by the owner or driver of a vehicle parked, stopped or standing on private property. (16) The towing of vehicles from private property in relation to parking contraventions may only be undertaken by a towing company under contract to Durham Regional Police, or the City of Pickering, utilizing the Durham Regional Police impound facility. By-Law No. XX/12 Page 4 (17) No private property parking enforcement officer shall cause the removal, towing or impounding of a vehicle from private property unless: (i) The vehicle is parked, stopped, standing or left, as the case may be, in contravention of a municipal by-law. (ii) The property that the vehicle is parked or left on has been inspected and approved by the City confirming that: a) The boundaries of the property are clearly defined; b) Signage posted has been approved by the City and indicates the policies in effect and enforced. (iii) A parking infraction notice is issued and served at the time of the alleged parking infraction in accordance with Part II of the Provincial Offences Act. (iv) A Tow Notice in a form authorized by the City has been issued with a minimum of 24 hours for removal of the vehicle, with the exception of vehicles located in signed fire routes, designated disabled parking spaces, or if the vehicle is blocking access to a driveway or assigned parking space. (18) The provisions of this by-law do not apply to any person demanding or obtaining parking fees from customers for the consensual purchase of a permit for parking on private property, where the parking rates are posted in clear view of all drivers upon entering the private property, and the property is in compliance with all other municipal by-laws. By-law read a first, second and third time and finally passed this 22nd day of May, 2012.. David Ryan, Mayor Debbie Shields, City Clerk Report to Executive Committee 82 PICKERING Report Number: CS 18-12 Date: May 14, 2012 From: Everett Buntsma Director, Community Services Subject: Tender No. T-3-2012 - Tender for. Dehumidification Upgrade - Pickering Recreation Complex Arena - File: A-1440 Recommendation: 1. That Report CS 18-12 of the Director, Community Services regarding the Dehumidification Upgrade at the Pickering Recreation Complex Arena be received; 2. That Tender No. T-3-2012 submitted by Climate Control Division of Toromont Industries Ltd. in the amount of $281,370.00 (HST included) and a net cost of $253,382.40 be accepted; 3. That the total gross project cost of $315,270 (HST included), including the tender amount and other associated costs, and the total net project cost of $283,910 (net of HST rebate), be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project by transferring $283,910 from the Federal Gas Tax Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Executive Summary: The Desiccant Dehumidification System was approved in the 2010 Capital Budget- ($200,000). When this project was tendered last year, the tendered amount exceeded the budget and these budgeted dollars were then directed towards the East Shore Community Centre Roof Replacement Project through Report CS 22-11. The dehumidification project was included in the 2012 Capital Budget..The additional funds required are funded 100% from Federal Gas Tax and therefore, have no impact on the property tax levy. The low bid submitted by Climate Control Division of Toromont Industries in the amount of $281,370 (HST included) is recommended for approval. The total gross project cost is estimated at $315,270 and the total net project cost is estimated at $283,910 (net of HST rebate). Report CS 18-12 May 14, 2012 Subject: Tender for Dehumidification Upgrade 83 - Pickering Recreation Complex Arena Page 2 Financial Implications: 1. Tender Amount Tender No. T-3-2012 $249,000.00 HST 13% 32,370.00 Sub-Total $281,370.00 HST - 11.24% ($27,987.60) Total $253,382.40 2. Approved Source of Funds Recreation Complex Arena Capital Budget Location Project Code Source of Budget Required Funds 2010 Capital Budget Desiccant 5735.1002.6178 Federal Gas Tax $ 16,319 $ 16,319 Dehumidification System 2012 Capital Budget Additional Funds for 5735.1201.6181 Federal Gas Tax $120,000 $120,000 Desiccant Dehumidifier System Roads Barnwood Square 5320.1216.6250 Federal Gas Tax 145,483 $145,483 Dreyber Court 5320.1222.6250 Federal Gas Tax 2,108 2,108 Total Funds $283,910 $283,910 i CORP0227-07/01 revised Q I eport CS 18-12 May 14, 2012 Subject: Tender for Dehumidification Upgrade 84 - Pickering Recreation Complex Arena Page 3 3. Estimated Project Costing Summa Tender No. T-3-2012 for Dehumidification Upgrade at Pickering Recreation Complex $249,000 Miscellaneous Costs $2,000 Consulting Fees $18,000 Construction Contingency $10,000, Total Project Costs $279,000 HST (13%) 36,270 Total Gross Project Cost $315,270 HST Rebate (11.24%) 3( 1,360) Total Net Project Cost $283,910 Project Cost under (over) approved funds by $(0) The 2010 Budget for the Dehumidification Upgrade was approved to be funded by Federal Gas Tax Reserve Fund. This funding formula was determined based on replacement of inefficient existing humidifiers. The existing dehumidifiers will be replaced with a single Desiccant system. The new dehumidification system is 100% eligible for the Federal Gas Tax (FGT) funding. The Director, Corporate Services & Treasurer has advised that sufficient funds were not included in the 2012 Budget due to the use of the 2010 Budget funds. Also that the recently awarded Tender for asphalt resurfacing on various City streets came in under budget providing both the expenditure and financing availability for the dehumidification tender, without adversely affecting the 2012 Capital Budget. The alternative of cancelling the project and including it in the 2013 Budget to tender next year is not being recommended as it can be accommodated within the 2012 Budget. Discussion: The Desiccant Dehumidification System was approved in the 2010 Capital Budget ($200,000). This project was tendered in 2011 with the results exceeding the budget provision. This project did not proceed in 2011. In June 2011, funding for this project was reallocated to the East Shore Community Centre Roof Replacement Project under authority of Council approval of Report CS 22-11. Additional funds for the Desiccant Dehumidifier System were approved in the 2012 Capital Budget ($120,000). Recommendation 4 will authorize the Director, Corporate Services & Treasurer to transfer sufficient funds from the Federal Gas Tax Reserve Fund. Although this project exceeds its budgeted funding provision, the additional dollars are being funded from Federal Gas Tax and therefore, there is no impact on the 2012 budget or tax levy. The CORP0227-07/01 revised Report CS 18-12 May 14, 2012 Subject: Tender for Dehumidification Upgrade r - Pickering Recreation Complex Arena Page 4 additional funding request does not change the 2012 budget due to the fact other projects have been under spent creating "budget" expenditure room. The existing Humicon dehumidifiers have reached the end of their useful life cycles and currently are experiencing costly repairs. Humidity results in accelerated deterioration of the building envelope and increased maintenance costs. Replacement of the inefficient dehumidifiers with one desiccant dehumidifier will provide for low humidity conditions. Lower humidity conditions provides for increased refrigeration efficiency, improved building operation and increase ice temperature. Desiccant dehumidification leaves a dry, comfortable rink with a superior sheet of ice (eliminating pebbling and ice build up). i Desiccant dehumidification costs less to run than any other dehumidification system and it saves money since compressors are no longer required to overcome the refrigeration load caused.by humidity. Bids have been received to the tendering call, which closed on Wednesday, March 7, 2012 for the Dehumidification Upgrade at Pickering Recreation Complex Arena. A mandatory site visit was held on Tuesday, February 14, 2012 and 15 bidders attended of which 9 bidders submitted a tender for this project. The low bid was submitted by Climate Control Division of Toromont Industries. This company's references have been checked and are deemed acceptable. The Health and Safety Policy, a current WSIB Workplace Injury Summary Report, Clearance Certificate issued by Workplace Safety and Insurance Board (WSIB) as submitted by Climate Control Division of Toromont Industries have been reviewed by the Coordinator, Health & Safety and deemed acceptable. In conjunction with staff's review of the contractor's previous work experience, check-of references and bonding available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Community Services Department, Culture & Recreation Division recommends the acceptance of the low bid submitted by Climate Control Division of Toromont Industries Ltd. for Tender No. T-3-2012 in the amount of $281,370 (HST included) and that the total net project cost of $283,910 be approved. Attachments: 1. Location Map 2. Supply & Services Memorandum dated March 13, 2012 CORP0227-07/01 revised Report CS 18-12 May 14, 2012 Subject: Tender for Dehumidification Upgrade 86 - Pickering Recreation Complex Arena Page 5 Prepared By: Approved / Endorsed By: Marisa Carpino Everett Buntsma Manager Cultu & Recreation Director, Community Services I CA Vera A. Felgem Cher Gillis , C.P.P., CPPOJCPPB, C.P.M., CMM III Director, Corporate Services & Treasurer Manager, Supply & Services Caryn Kong, CGA Stephen Reynolds Senior Financial Analyst-Capital & Division Head, Culture & Recreation Debt Management SR:Ig Recommended for the consideration of Pickeri City Council Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised A:I TACHMENT _ tiE'® T # CS I ? I Z 87 0 4 Q o O 0 o Q S BJECT ARENAS O~~ N N PICKERING P.~ RECREATION COMPLEX Q\EFENBAKER COURT o~~N of s PN P w p PR~~ P~ J Q > ER~NG PACK COMMUNITY SERVICES ATTACHMENT FOR COMMUNITY cay 00 DEPARTMENT ENGINEERINGDNISION SERVICES REPORT CS 18-12 I TENDER T-3-2012 FOR DEHUMIDIFICATION UPGRADE SCALE: OATS: N.T.S APRIL 26 /2012 PICKERING RECREATION COMPLEX ATTACHMENT # Z CO REPORT # CS Ig- 12 City 00 88 Memo DICKERING ornpor. ATM" RE:. --s-- March 13, 2012 To. Stephen Reynolds L ~ i " Jam' I I L, . ~ ~ Division Head, Culture & Recreation FILE NO _ ABEY 10 L-1 FWD ❑ COPY ~ CIRCULATE From: Vera A. Felgemacher MAYOP TtiL Manager, Supply & Services CAO :P SERVICES C U:& R E C MPE ! 1;-,MAN RESOURCES Copy: (Acting) Manager Culture & Recreati PE CPS CENTRE -e v,aC OPERA' NS FfICE SUSTAIN + - Supervisor, Facilities Operations FA C &R SUPFRI" Subject: Tender No. T-3-2012 Tender for Dehumidification Upgrade at Pickering Recreation Complex - File: F-5400-001 Tenders have been received for the above project. An advertisement was placed in the Daily Commercial News and on the City's website inviting companies to download the tendering documents for the above mentioned tender.. One (1) addendum was issued on this project. A mandatory site visit was held on Tuesday, February 14, 2012 and fifteen (15) bidders attended of which nine (9) bidders responded and submitted a tender for this project. Purchasing Procedure No. PUR 010-001, Item 13.03 (r) provides checking tendered unit prices and extensions unit prices shall govern and extensions will be corrected accordingly, which has been done. All deposits other than the low three bidders may be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 010-001, Item 13.03(w). Three (3) bids have been retained for review at this time. Copies of the tenders are attached for your review along with the summary of costs. SUMMARY Harmonized Sales Tax Included Bidder Total Tendered Amount After Calculation Check Climate Control Division of $281,370.00 $281,370.00 Toromont Industries Ltd. Servocraft Ltd. $305,100.00 $305,100.00 Mack Mechanical Solutions Inc. $312,556.87 $312,556.87 Alpeza General Contracting Inc. $357,532.00 $357,532.00 Gimco Ltd. $394,370.00 $394,370.00 REPORT# CS ATTACHMENT #--2=-TO aF ~ l S 2 PCkq 199 Automatic rejection -Make and model of dehumidification ACE Services / Tasis unit not stated on the tender form. Reference: Purchasing Contractors Inc. Policy No. PUR 010, Procedure 23.02, Item 14; Information to Bidders - Item 15, 25, 26, 27, and Form of Tender. Automatic rejection - Model of dehumidification unit not Prairie Plumbing Ltd. stated on the tender form. Reference: Purchasing Policy No. PUR 010, Procedure 23.02, Item 14; Information to Bidders - Item. 15, 25, 26, 27, and Form of Tender Automatic rejection - Make and model of dehumidification unit stated on the tender form not approved by the City. Canadian Tech Air Systems Inc. Reference: Purchasing Policy No. PUR 010, Procedure 23.02, Item 9 and 14; Information to Bidders - Item 25, 26, and 27, 36, 37, and 38. Automatic rejection - Make and model of dehumidification Nutemp Mechanical Systems stated on the tender form not approved by the City. Ltd. Reference: Purchasing Policy No. PUR 010, Procedure 23.02, Item.9 and 14; Information to Bidders - Item 25, 26, and 27, 36, 37, and 38. Pursuant to Information to Bidders Item 29, the following will be requested of the low bidder, Climate Control Division of Toromont Industries Ltd. for your review during the evaluation stage of this tender call. Please advise when you wish us to proceed with this task. a) a copy of the Health & Safety Policy to be used on this project; b) a copy of the current Workplace Injury Summary Report issued by Workplace Safety & Insurance Board (in lieu of the Workplace Injury Summary Report document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); c) a copy of the current Certificate of Clearance issued by Workplace Safety & Insurance Board; d) A valid certificate(s) of qualification (heating, refrigeration and air conditioning) issued by the Ontario Training Adjustment Board for personnel performing the works. e) A valid certificate(s) of qualification issued by the Fuel Safety Technical Standards Division (Gas Fitter 1) for personnel performing service to heating equipment fired by gas for the City. The City's certificate of insurance or approved alternative form shall be completed by the bidder's agent, broker or insurer-, f) the City's certificate of insurance shall be completed by the bidder's agent, broker or insurer; and g) list of Sub-Contractors in accordance with General Conditions Item 31 and page 74. Please include the following items in your Report to Council: (a) if items (a) through (e) noted above, are acceptable to the Co-ordinator, Health & Safety; (b) if item (f) - Insurance - is acceptable to the Manager, Finance & Taxation-, March 13, 2012 Tender No'. T-3-2012 Page 2 Tender for Dehumidification Upgrade at Pickering Recreation Complex ATTACHMENT # 2 TO REPORT I S -12 -(c) any past work experience with the low bidder Climate Control Division of Toromont Industries Ltd. including work location; y o (d) without past work experience, if reference information is acceptable; (e) the appropriate account number(s) to which this work is to be charged; (f) the budget amount(s) assigned thereto; (g) Treasurer's confirmation of funding; (h) related departmental approvals; and (i) 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 & Servic s. VAF/jg Attachments March 13, 2012 Tender No. T-3-2012 Page 3 Tender for Dehumidification Upgrade at Pickering Recreation Complex ATTACHMENT #-2:7-TO REPORT #-~CS 91 e L4 4 cl) z W O U ~ 0 ,o U CL a axi U') o m a N E rvl _ c a m v of (j r a o a a c o f4 aj U L N LE 0 f p ~ d w p e U U Y L~ r co W U ~ W 2 m U a. Q Z d o = o r: 0 W Q C14 Q Zp m ~O ` p~Q b~ 4 0 c Y W ~ i p Q 0 O a ~ a ~ O .o LL U O O O W `F- N 3 'a Uw a~ -aZ c LL ~ ~ Q V O p hi Q p o ~ ~ d N o n J °c a -0 -5 U fn fA m fq fn N fn to ~ Q W C C O N O O O O N N O 1- r = Q fn cu C_ O if "I .2 CIA Q a- ` p C U N ` l C Z 'O _ cn F- C a m O Q c i O O U ~ o O - Z o m oU S T ~ ti to - 2 o U) W Z p E ca Q U a. u m oo.2 c N~c c: 0 O oc-~ E v cn~ C Q m U ~ 5; o c ° c~q O FL N U (6 J 76 N Co (6 U O m _ m U N E° W C C N U m U O U O m U E U H c 0- 0 0 0 c U) C~ z Q Cry Report To ' Executive Committee PICKERIN Report Number: CS 19-12 2 Date: May 14, 2012 From: Everett Buntsma Director, Community Services Subject: Tender No. T-4-2012 - Tender for the Esplanade Park Walkway and Lighting Replacement - File: A-1440 Recommendation: 1. That Report CS 19-12 of the Director, Community Services regarding Tender No. T-4-2012 for the Esplanade Park Walkway and Lighting Replacement be received; 2. That Tender No. T-4-2012 submitted by TBG Landscape Inc., in the total tendered amount of $239,955.90 as the Base Bid for the Esplanade Park Walkway and Lighting Replacement, and $32,594.40 as the Separate Price Schedule for the Valley Farm Road Sidewalk, for a total of $272,550.30 (HST included) and a net cost of $245,439.99 be accepted; 3. That the total gross project cost of $385,176 (HST included) and a net project cost of $346,863 (net of HST rebate) including the total tendered amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to fund the project as follows: a) the sum of $300,000 as provided for in the 2012 Capital Budget be increased to $314,967 and to be funded from the Parkland Reserve Fund and ; b) the additional sum of $3.1,896 for the reconstruction of the sidewalk on Valley Farm Road to be funded from Federal Gas Tax Reserve Fund; and 5. Further that the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: As part of the 2012 Parks Capital Budget, the Walkway and Lighting Replacement in Esplanade Park was approved as a construction project at an estimated cost of $300,000. Tender No. T-4-2012 was issued on March 21, 2012 and closed on April 18, 2012 with fourteen bidders responding. The low bid of $272,550.30 (HST included) submitted by TBG Landscape Inc., which includes the replacement of i Report CS 19-12 May 14, 2012 Subject: Tender No. T-4-2012 Tender for the Esplanade Park Walkway and Lighting Replacement 9 3 Page 2 the sidewalk and bike path on Valley Farm Road not included in the original budget estimate, is recommended for approval. Primarily due to the nature of the subsoil that was found in the adjacent courtyard during its reconstruction in 2011, a contingency of $25,000 has also been added to the project cost. These additional requirements have resulted in an increased cost of approximately $46,863. The total gross project cost is estimated at $385,176 and the total net project cost is estimated at $346,863 (net of HST rebate). Financial Implications: 1.Tender Amount T-4-2012 (Base Bid) $212,350.35 Valley Farm Road Sidewalk (Separate Price Schedule) 28,844.60 Sub-Total 241,194.95 HST (13%) 31,355.35 Sub-Total 272,550.30 HST Rebate (11.24%) (27,110.31) Total $245,439.99 2. Approved Source of Funds 2012 Parks Capital Budget Location Project Source of Funds Budget Required Code Esplanade Park 5780.1222 Parkland Reserve $300,000 $300,000 Walkway and Lighting Fund Replacement Budgeted Funds Available 300,000 300,000 Additional Funds Required Esplanade Park 5780.1222 Parkland Reserve 0 14,967 Walkway and Lighting Fund Replacement Valley Farm Road 5780.1222 Federal Gas Tax 0 31,896 Sidewalk Reserve Fund Total Funds Required 3 QQ $3 CORP0227-07/01 revised - i Report CS 19-12 May 14, 2012 Subject: Tender No. T-4-2012 94 Tender for the Esplanade Park Walkway and Lighting Replacement Page 3 3. Estimated Project Costing Summa T-4-2012 - Tender for Esplanade Park Walkway and Lighting Replacement $241,194 Miscellaneous & Tender Costs 1,500 Pre-purchase of Light Poles and Fixtures 66,870 Pre-purchase of Entry Bollards 1,500 Electrical Consultant Fees 2,800 Materials Testing Allowance 2,000 Contingency 25,000 Total 340,864 HST (13%) 44,312 Total Gross Project Cost 385,176 HST Rebate (11.24%) (38,313) Total Net Project Cost $ 4. Estimated Cost for Valle Farm Road Sidewalk included above Separate Price $28,844 Contingency 2,500 Subtotal $31,344 HST (1.76% (cost to City)) 552 Total Cost to City Sidewalk $31,896 The replacement of the sidewalk and bike path on Valley Farm Road will qualify for Federal Gas Tax funding based on the category of "Public Transit" and green outcomes of cleaner air and reduced greenhouse gas emissions. The estimated cost related to this component is indicated on Table 4. Net Project Cost over Under Approved Funds $(46,863)1 The addition of the sidewalk and bike path replacement on Valley Farm Road and a contingency primarily for potential soil conditions has increased the project cost by approximately $46,863. This increase in cost will be funded by additional Parkland Reserve Fund and Federal Gas Tax Reserve Fund. CORP0227-07/01 revised I Report CS 19-12 May 14, 2012 Subject: Tender No. T-4-2012 q Tender for the Esplanade Park Walkway and Lighting Replacement Page 4 Discussion: As a continuation of the walkway and courtyard reconstruction that was completed around the Civic Complex in 2011, the walkway and lighting replacement in Esplanade Park was approved as a construction project in the 2012 Parks Capital Budget. The light poles and fixtures for the project were pre-purchased directly from King Luminaire, recognizing a significant savings of cost as well as the delivery time for the units, considering the tight timelines for this project. The two entry bollards which will match those installed at the Civic Complex as part of the 2011 project were also pre- purchased from Maglin. The replacement of the sidewalk and bike path on Valley Farm Road, adjacent to Esplanade Park was included as a separate price schedule in the tender. During the detail design, it was recognized that the existing sidewalk and bike path, which consists of a 1.2m wide concrete and 1.2m wide asphalt strip, was in poor condition. In consideration of the boulevard and sidewalk work that was recently completed on Valley Farm Road north of the site, it was decided during the detailed design review that this work should be included as part of the Esplanade Park works in order to complement the project. Tender No. T-4-2012 was issued on March 21, 2012. An advertisement was placed in the Daily Commercial News and on the City's website. A mandatory site visit meeting was held on April 3, 2012 and 22 potential bidders attended. The tender closed on April 18, 2012 with 14 bidders responding. The low bid of $272,550.30 (HST included) . submitted by TBG Landscape Inc. is recommended for approval. A reference check for TBG Landscape Inc. has been completed and is deemed acceptable by the Coordinator, Landscape & Parks Development. The Health & Safety Policy, a current WSIB Workplace Injury Summary Report and Clearance Certificate issued by Workplace Safety & Insurance Board, and Confined Space Entry staff training as submitted by TBG Landscape Inc., have been reviewed and deemed acceptable by the Coordinator, Health & Safety. The Certificate of Insurance has been reviewed by the Manager, Finance & Taxation and is deemed acceptable. In conjunction with staffs review of the contractor's previous work experience, check of references submitted and the bonding available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Community Services Department, Engineering Services Division recommends the acceptance of the low bid (Base Bid & Separate Price Schedule) submitted by TBG Landscape Inc. for Tender No. T-4-2012 in the amount of $272,550.30 (HST included) and that the total net project cost of $346,863 be approved. CORP0227-07/01 revised L Report CS 19-12 May 14, 2012 Subject: Tender No. T-4-2012 96 Tender for the Esplanade Park Walkway and Lighting Replacement Page 5 Attachments: 1. Location Map 2. Summary Memorandum from Supply & Services dated April 25, 2012 Prepared By: Approved/Endorsed By: Arnold Mostert, OALA Evere Bunts q6, NPD, CMM Coordinator Dir~ or, Community Services Landscape & Parks Development Darrell Selsky, CO., CMM Gillis A. Paterson, CMA Supervisor Director, Corporate Services & Treasurer XN n g & Capital Works Vera A, elgemacher Rich rd W. (born, P. Eng. CSCMP, CPPO, CPPB, C.P.M., CMM III Divi ion Hea , Engineering Services Manager, Supply & Services Caryn Kong, CGA Senior Financial Analyst Capital & Debt Management AM/am Recommended for the consideration of Pickering City Council 30, Zd~2 Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised ATTACHMENT# TOREPORT# ly'1Z Caq n0 of iii Engineering Services Division 97 Attachment for Tender T-4-2012 The Esplanade Park P~ ~0 o 0 O~ PICKERING O ~pNP RECRATION COMPLEX DIEF-ENBAK R O~'Ir COURT ~O 'I'-~ LPN p,0 NE SOP SUBJECT AREA W > P PR~w P~ RANG P~GKE Location Map - The Esplanade Park Proposed Construction Includes: The proposed works are to include the walkway and lighting replacement in Esplanade Park, from the Cenotaph to Valley Farm Road as well as the replacement of the sidewalk on Valley Farm Road, adjacent to Esplanade Park. ATTACHMENT#_ ~ , 0 kFPORT# ~S q l City o¢~ / ct _(o-- 9 8 ON PICKERI Memo To: Richard Holborn April 25, 2012 Division Head, Engineering Services (Revised) From: Vera A. Felgemacher Manager, Supply & Services Copy: Supervisor, Engineering & Capital Works Subject: Tender No. T-4-2012 Tender for Esplanade Park - Walkway and Lighting Replacement - File: F-5400-001 Tenders have been received for the above project. An advertisement was placed in the Daily Commercial News and on the City's website inviting companies to download the tendering documents for the above mentioned tender. One (1) addendum was issued on this project. A mandatory site visit was held on Tuesday, April 3, 2012 and twenty two (22) bidders attended of which fourteen (14) bidders responded and submitted a tender for this project. 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 13.03 (r) provides checking tendered unit prices and extensions unit prices shall govern and extensions will be corrected accordingly, which has been done. All deposits other than the low three bidders may be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 010-001, Item 13.03(w). Three (3) bids have been retained for review at this time. Copies of the tenders are attached for your review along with the summary of costs. SUMMARY Base Bid - Esplanade Park - Walkway Lighting Replacement HST Included Bidder Total Tendered Amount After Calculation Check TBG Landscape Inc. $239,955.85 $239,955.90 Bennington Construction Ltd. $276,940.97 $276,940.97 Aloia Bros. Concrete $279,061.35 $278,714.16 Midome Construction Services Ltd. $303,009.50 $303,009.50 Signature Contractors $333,730.81 $333,730.81 Mopal Construction Ltd. $336,838.31 $336,838.31 ATTACHMENT## -~L TO REPORT# 99 of Cedar Springs Landscape Group Ltd. $348,627.27 $348,627.13 Hawkins Contracting Services Ltd. $348,750.88 $348,750.88 Rutherford Contracting Ltd. $351,237.18 $351,237.18 R-Chad General Contracting Inc. $365,865.75 $366,995.75 Trisan Construction $375,650.19 $375,650.19 A.V. Curb & Sidewalk Ltd. $378,001.93 $378,001.93 002274084 Ontario Ltd. O/A GMP $395,421.43 $395,421.43 Contracting Aplus General Contractors Corp. $514,545.50 $514,545.50 Separate Price Schedule - Sidewalk on Valley Farm Road The following clauses were included in the tendering documents: 1. "The City may select items from the Separate Price Schedule to add to the base bid to maximize funds available in the budget prior to an award. The total amounts from compliant bids would be reviewed equally subject to available funds in the budget. Bidders acknowledge this may shift their position as read out at the public tendering opening and agree no claim shall be made for damages on grounds of loss or anticipated profit or any other reason". Reference: Information to Bidders, Item 29 2. "The City reserves the right to consider, accept or not accept any separate price to a base bid prior to award." Reference: Separate Price Schedule, Form of Tender, Item 2 SUMMARY Separate Price Schedule - Sidewalk on Valley Farm Road HST Included Bidder Total Tendered Amount After Calculation Check TBG Landscape Inc. $32,594.40 $32,594.40 Bennington Construction Ltd. $21,273.83 $21,273.83 Aloia Bros. Concrete $21,278.20 $21,300.50 Midome Construction Services Ltd. $19,577.25 $19,560.30 Signature Contractors $24,661.12 $24,661.12 Mopal.Construction Ltd. $25,978.70 $25,978.70 Cedar Springs Landscape Group Ltd. $24,313.08 $24,313.08 Hawkins Contracting Services Ltd. $29,065.86 $29,065.86 Rutherford Contracting Ltd. $29,259.02 $29,259.02 R-Chad General Contracting Inc. $40,510.50 $40,510.50 Trisan Construction $26,421.66 $26,421.66 April 25, 2012 Tender No. T-4-20.12 Page 2 Tender for Esplanade Park - Walkway and Lighting Replacement ATTACH MENT# ~ TOREPORT#C_0"« -3- of i no A.V. Curb & Sidewalk Ltd. $27,430.16 $27,430.16 002274084 Ontario Ltd. O/A GMP $33,075.10 $33,075.10 Contracting Aplus General Contractors Corp. $33,335.00 $33,335.00 In selecting from the Separate Price Schedule to add to the Base Bid, the summary is as follows: SUMMARY Base Bid - Esplanade Park -Walkway Lighting Replacement) Separate Price Schedule - Sidewalk on Valley Farm Road HST Included After Calculation After Calculation Total Bidder Check Check Base Bid + Base Bid Separate Price Separate Price Schedule Schedule TBG Landscape Inc. $239,955.90 $32,594.40 $272,550.30 Bennington Construction Ltd. $276,940.97 $21,273.83 $298,214.80 Aloia Bros. Concrete $278,714.16 $21,300.50 $300,014.66 Midome Construction Services Ltd. $303,009.50 $19,560.30 $322,569.80 Signature Contractors $333,730.81 $24,661.12 $358,391.93 Mopal Construction Ltd. $336,838.31 $25,978.70 $362,817.01 Cedar Springs Landscape Group Ltd. $348,627.13 $24,313.08 $372,940.21 Hawkins Contracting Services Ltd. $348,750.88 $29,065.86 $377,816.74 Rutherford Contracting Ltd. $351,237.18 $29,259.02 $380,496.20 R-Chad General Contracting Inc. $366,995.75 $40,510.50 $407,506.25 Trisan Construction $375,650.19 $26,421.66 $402,071.85 A.V. Curb & Sidewalk Ltd. $378,001.93 $27,430.16 $405,432.09 002274084 Ontario Ltd. O/A GMP $395421.43 $33,075.10 $428,496.53 Contracting , Aplus General Contractors Corp. $514,545.50 $33,335.00 $547,880.50 Pursuant to Information to Bidders Item 31, the following will be requested of the low bidder for your review during the evaluation stage of this tender call. Please advise when you wish us to proceed with this task. (a) A copy of the Health and Safety Policy to be used on this project; (b) A copy of the current Workplace Injury Summary Report issued by Workplace Safety & Insurance Board (in lieu of the Workplace Injury Summary Report April 25, 2012 Tender No. T-4-2012 Page 3 Tender for Esplanade Park - Walkway and Lighting Replacement ATTACHMENT#_!_TOREPORT# LS 0-12,1 of _ 101 document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); (c) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (d) Proof of compliance with amended Confined Space Entry Regulations (September 30, 2006). Copies of certified Training and Procedures to be used on this project; (e) A list of employees trained in the confined space entry procedure who will be working on this project; (f) The City's certificate of insurance or approved alternative form completed by the bidder's agent, broker or insurer; (g) list of Sub-Contractors in accordance with General Conditions Item 34; (h) Waste Management Plan to be used on this project in accordance with Tendering Specifications Item 18. Please include the following items in your Report to Council: (a)if items (a) through (e) noted above, are acceptable to the Co-ordinator, Health & Safety; (b)if item (f) - Insurance - is acceptable to the Manager, Finance &Taxation; (c)any past work experience with the low bidder Four Seasons Site Development Ltd. including work location; (d)without past work experience, if reference information is acceptable; (e)the appropriate account number(s) to which this work is to be charged; (f) the budget amount(s) assigned thereto; (g)Treasurer's confirmation of funding, (h)related departmental approvals; and (i) 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 yo require further information, please feel free to contact me or a member of Supply & Se ces. VAF/jg Attachments April 25, 2012 Tender No. T-4-2012 Page 4 Tender for Esplanade Park - Walkway and Lighting Replacement ATTACHMENT# ~ TOREPORT#~u ~12-1 -5 o _L2 c: f 0 W _ z LU Q i 0 N E ~ CL 47 © ® O rye ~1/ O cW+ 1l \ OA Q Q N E -0 LO Q EF? 61) fA 61). V-T W, flog, 691 E» 6-~ E» toa ~Yr c r- C tU N (n E A (D < IN E IRS CD 010 Lij 4 w c ^rl N cV M N iv l n^, = 4=0 N 69. (i} to ff-} EF} Ei? ull V) f!? Ff) E9 (f} w. U T o p 3 N Z Y c Co Q r z C:) z a E w ~ a U d c6 ~ O a oLLJ ~o~ co 4) Co CL X-) Uw to O o ® Q O o~ ® O F- W ai LL L a O ° p E d p ~ ~ v I Q V C O N Q Q C N N O 1!) V 0 o n N to N V) to to to En fA to to to N VA. N C R lll N N (U a) O N N (D a) a) N a) !1 o z a~ ~ 0 J ~ in ^Y C e 1' I J J m "d Y C C J U O C U Ov . - c d O O'- O U Q't C N O O U N 7 U O U O "O Q`' 7 t6 U O O (9 a C -0 .-O U c U r c y Z ? O o rn(D c m 0) m U o a) d N U .C O to 06 c O O U O C J o 00 a. Q a 0 a o .s] O•~ ~ o o~ UJ m U c v J co U ~ 2 O u _ a) 0 v tea 76 m O ca Y c E = Z o o Q m m m a~ in .o > o o n o a m ~ U o L p0U-1m0 I- Q QJ OOUQU F- ~J U) T- U i ATTACHMENTg,- I TOREPORT# ~q42.) 10 3 --,(e- of N O N. N' Cr (0 O O U U U. O_ h a c m ' c 0 a 0 U ' O N ' U C F O O O U 4- ~ O W p T O L N a c m c CL .N 0 c _ o U) w -`-L U I Executive Committee APICKAERIft Report to 04 Report Number: CS 25-12 Date: May 14, 2012 From: Everett Buntsma Director, Community Services Subject: Tender No. T-11-2012 Tender for Roof Replacements at Don Beer Arena - Rink 1 and Greenwood Community Centre File: A-1440 Recommendation: 1. That Report CS 25-12 of the Director, Community Services regarding the Roof Replacements at the Don Beer Arena - Rink 1 and Greenwood Community Centre be received; 2. That Tender No. T-11-2012 submitted by T. Hamilton & Son Roofing Inc. in the amount of $507,709.00 (HST included) and a net cost of $457,207.68 be accepted; 3. That the total gross project cost of $559,689 (HST included) and a net project cost of $504,017 (net of HST rebate), 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 $420,000, as provided for in the 2012 Don Beer Arena Capital Budget to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed ten years at a rate to be determined; b) the balance amount of $4,950 to be funded from property tax; c) the sum of $79,067, as provided for in the 2012 Community Centres Capital Budget be funded from Federal Gas Tax Reserve Fund; d) the annual repayment charges in the amount of approximately $48,600 be included in the annual Current Budget for the City of Pickering commencing 2013, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; e) the Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to give effect to the foregoing; and eport CS 25-12 May 14, 2012 100 Subject: Tender for Roof Replacements at Don Beer Arena - Rink 1 and Greenwood Community Centre Page 2 5. That the draft by-law attached to this report be enacted; and 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. Executive Summary: The roof replacements at the Don Beer Arena - Rink 1 and Greenwood Community Centre were approved by Council in the 2012 Capital Budget. 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 Greenwood Community Centre Roof was identified to have phenolic foam insulation which has been discontinued in the industry due to its corrosive quality. This insulation has deteriorated the steel roof decking at Greenwood Community Centre. The roof and the phenolic foam insulation will be replaced with rigid board foam insulation which will eliminate future deterioration and increase efficiency and insulation for the building. The replacement of the eastern section of the Don Beer Arena (over Rink 1) will eliminate leaking, improve the roof efficiency and add a white coating which is reflective and reduces energy costs in the building. The Greenwood Community Centre roof replacement is scheduled to be completed in June prior to community events scheduled at the Centre in July. The Don Beer Arena roof replacement is scheduled in June during the off peak season. The low bid submitted by T. Hamilton & Son Roofing Inc. is recommended for approval. The total gross project cost is estimated at $559,689 (HST included) and the total net project cost is estimated at $504,017 (net of HST rebate). Financial Implications: 1. Tender Amount, Tender No. T-11-2012 $449,300.00 HST 13% 58,409.00 Sub-Total $507,709.00 HST Rebate - 11.24% (50,501.32) Total $457,207.68 CORP0227-07/01 revised Resort CS 25-12 May 14, 2012 Subject: Tender for Roof Replacements at Don' Beer Arena - Rink 1 10 and Greenwood Community Centre Page 3 2. Approved Source of Funds Don Beer Arena & Community Centres Capital Budget Location Project Code Source of Budget Required Funds Roof Replacement 5715.1202.6181 Debt- 10-Year $515,000 $420,000 - Don Beer Arena - Property Taxes 4,950 Rink 1 Roof Replacement 5719.1202.6181 Federal Gas Tax 90,000 79,067 - Greenwood Community Centre Total Funds $605,000 $504,017 3. Estimated Project Costing Summa Tender No. T-11-2012 $449,300 Miscellaneous Costs 2,000 Construction Contingency 44,000 Total Project Costs $495,300 HST (13%) 64,389 Total Gross Project Cost $559,689 HST Rebate (11.24%) 5( 5,672) Total Net Project Cost $504,017 4. Breakdown b Projects Don Beer Arena Greenwood Total Tendered Amount $379,600 $69,700 $449,300 Miscellaneous Cost 1,000 1,000 2,000 Contingency 37,000 7,000 44,000 Total $417,600 $77,700 $495,300 HST cost to City (1.76%) 7,350 1,367 8,717 Net Project Cost to City $424,950 $79,067 $504,017 Project Cost under over approved funds b $100,983 CORP0227-07/01 revised 7 ort CS 25-12 May 14, 2012 1 1 Subject: Tender for Roof Replacements at Don Beer Arena - Rink 1 and Greenwood Community Centre Page 4 Discussion: The roof replacements at the Don Beer Arena - Rink 1 and Greenwood Community Centre were approved by Council in the 2012 Capital Budget. The existing roof structures have reached the end of their useful life cycles and currently are experiencing failure in several key areas. The Don Beer Arena Roof Lower (Lobby Area) and East Roof (Rink 1) have built up roofs (layers of felts, fabrics and layers of bitumen) covered by a flood of gravel that have deteriorated to the, point where leaks have been addressed over the past few years. Blisters are apparent between the layers which over time expand, crack and allow moisture into the roof. Moisture is evident entering the facility through the perimeter flashing. This moisture then saturates the insulation reducing the efficiency, and allow water to build up inside the roof. The roof replacement will have a flood coat of white stone to qualify the roof as a "white roof' which will improve the efficiency and reduce energy consumption. The Greenwood Community Centre Roof has phenolic foam insulation which at the time had one of the most efficient R ratings for insulation. Unfortunately, when the insulation comes into contact with moisture an acid is formed which deteriorates the steel decking. This roof requires replacing immediately due to the existing corrosion. The roofing replacement for Greenwood Community Centre will eliminate further deterioration and increase energy efficiency and improve insulation. Bids have been received to the tendering call, which closed on Wednesday, April 18, 2012 for the Roof Replacements at Don Beer Arena - Rink 1 and Greenwood Community Centre. A mandatory site visit was held on March 29, 2012 and seventeen (17) bidders attended of which fourteen (14) bidders submitted a tender for this project. The low bid of $507,709.00 (HST included) submitted by T. Hamilton & Son Roofing Inc. is recommended for approval. T. Hamilton & Son Roofing Inc. is on a current service contract with the City of Pickering to provide roof repair service as required and have completed work to the satisfaction of the Culture & Recreation Division. The Health & Safety Policy, a current WSIB Workplace Injury Summary Report and Clearance Certificate issued by Workplace Safety and Insurance Board as submitted by T. Hamilton & Son Roofing Inc., have been reviewed by the Coordinator, Health & Safety and deemed acceptable. In conjunction with staffs 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 documentation received, the Community Services Department, Culture & Recreation Division recommend - acceptance of the low bid submitted by T. Hamilton & Son Roofing Inc. for Tender No. T-11-2012 in the amount of $507,709.00 (HST included) and that the total net project cost of $504,017 be approved. CORP0227-07/01 revised Report CS 25-12 May 14, 2012 Subject: Tender for Roof Replacements at Don Beer Arena - Rink 1 108 and Greenwood Community Centre Page 5 Attachments: 1. Location Maps 2. Supply & Services Memorandum dated April 24, 2012 3. By-law to authorize the issuance of debentures in the amount of $420,000 for the Don Beer Arena - Rink 1 Roof Replacement. Prepared By: Approved / Endorsed By: Maris Carpino JRich Holb rn Mana er, Cult & Recreation ) Dire tor, Community Services Vera A. F Ig macher Gillis Paterson, CMA C.P.P., CP O, CPPB, C.P.M., CMM III Director, Corporate Services & Treasurer Manager, Supply & Services Caryn Kong, CGA Stephen R y olds Senior Financial Analyst-Capital & Division Head, Culture & Recreation Debt Management SR:lg Recommended for the consideration of Pickering ity Cou cil l , 20/2, W6~4_4 Tony Prevedel, P.Eng. I \J Chief Administrative Officer CORP0227-07/01 revised ATTACHMENT #-L-TO REPORT # CS 2.5 -12 1 0 9 pa~e I o~ 2 Od oc~ oRPNGE v ~ ~ d3 O SUBJ 1 V~ DING O Qv\G O O S 2 o O COMMUNITY SERVICES ATTACHMENTFOR COMMUNITY a~ DEPARTMENT SERVICES REPORT CS 25-12 ENGINEERING DNISION I I TENDER T-11-2012 FOR ROOF REPLACEMENT scn,E: N.T.S APRIL 26 /2012 DON BEER ARENA ATTACHMENT #--L--FO REPORT #--cS Q z of ~ RG p,0 NG~SS\GN GG ~ S\X~ N v~ w J SR. cO O/ JR PRA d P~w~~NG X SWAN OPSggP~p p\P~`pN SUBJECT BUILDING \44ooo 0 GoMM~N~~ GEN~FL O ~pV 0 0 W Elf o CD COMMUNITY SERVICES ATTACHMENT FOR COMMUNITY DEPARTMENT SERVICES REPORT CS 25-12 cib, ° ENGINEERING DIVISION TENDER T-11-2012 FOR ROOF REPLACEMENT SCALE: N.T.S AIIATE: PRIL 26 /2012 GREENWOOD COMMUNITY CENTRE I-Pik ATTACH NENi # Z . i J rtc'JR f #CS ZS-12 - ,~c ~ j a F 5 Memo PICKERING To Stephen Reynolds April 24, 2012 Division Head, Culture & Recreation (Revised) From- Vera A. Felgemacher Manager, Supply & Services Copy: (Acting) Manager, Culture & Recreation Supervisor, Facilities Operations Subject- Tender No. T-11-2012 Tender for Roof Replacements at Don Beer Arena - Rink 1 and Greenwood Community Centre - File: F-5400-001 Tenders have been received for the above project. An advertisement was placed in the Daily Commercial News and on the City's website inviting companies to download the tendering documents for the above mentioned tender. Two (2) addenda were issued on this project. A mandatory site visit was held on Tuesday, March 29, 2012 and seventeen (17) bidders attended of which fourteen (14) bidders. responded and submitted a tender for this project. 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 13.03 (r) provides checking tendered unit prices and, extensions unit prices shall govern and extensions will be corrected accordingly, which has been done. All deposits other than the low three bidders may be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 010-001, Item 13.03(w). Three (3) bids have been retained for review at this time. Copies of the Lenders are attached for your review along with the summary of costs. SUMMARY Harmonized Sales Tax Included Bidder Base Bid Total Tendered Amount After Calculation Check T. Hamilton & Son Roofing Inc. $507,709.00 $507,709.00 Aseal Roofing & Sheet Metal $536,072.00 $536,072.00 Ltd. Sproule Specialty Roofing Ltd. $543,812.50 $543,812.50 Trio Roofing Systems Inc. $551,779.00 $551,779.00 Eileen Roofing Inc. $553,700.00 $553,700.00 ATTACHMENT #_2___T0 REPORT # CS ZS- I Z VCk.C Dufferin Roofing Ltd. $617,545.00 $617,545.00 Automatic rejection - Addendum No. 2 not acknowledged. Triumph Roofing and Sheet Reference: Purchasing Policy No. PUR 010, Procedure Metal Inc. 23.02, Item 11; Information to Bidders - Item 9, 13, 25, 27, 28, 45,46, 47, and Addendum No. 2. Automatic rejection - Addendum No. 2 not acknowledged. Solar Roofing and Sheet Metal Reference: Purchasing Policy No. PUR 010, Procedure Ltd. 23.02, Item 11; Information to Bidders- Item 9, 13, 25, 27, 28, 45,46, 47, and Addendum No. 2. Automatic rejection - Addendum No. 1 and Addendum No. 2 not acknowledged. Reference: Purchasing Policy No. Industrial Roofing Services Ltd. PUR 010, Procedure 23.02, Item 11; Information to Bidders - Item 9, 13, 25, 27, 28, 45,46, 47, Addendum No. 1 and Addendum No. 2. Automatic rejection - Addendum No. 2 not acknowledged. Nortex Roofing Ltd. Reference: Purchasing Policy No. PUR 010, Procedure 23.02, Item 11; Information to Bidders - Item 9, 13, 25, 27, 28, 45,46, 47, and Addendum No. 2. Automatic rejection -Addendum No. 2 not acknowledged. Crawford Roofing Corp Reference: Purchasing Policy No. PUR 010,'Procedure 23.02, Item 11; Information to Bidders - Item 9, 13, 25, 27, 28, 45,46, 47, and Addendum No. 2. Automatic rejection -Addendum No. 2 not acknowledged. Proteck Roofing Ltd. Reference: Purchasing Policy No. PUR 010, Procedure 23.02, Item 11; Information to Bidders - Item 9, 13, 25, 27, 28, 45,46, 47, and Addendum No. 2. Automatic rejection - Original corporate seal missing from Bid Bond and Agreement to Bond and are photocopies (not Applewood Roofing and Sheet original). Reference: Purchasing Policy No. PUR 010, Metal Ltd. Procedure 23.02, Item 10 (a) and 14; Information to Bidders - Item 9, 25, 27, and 28, Tendering Specifications - Item 7. Pursuant to Information to Bidders item 29, the following will be requested of the low bidder, T. Hamilton & Son Roofing Inc. for your review during the evaluation stage of this tender call. Please advise when you wish us to proceed with this task. a) a copy of the Health & Safety Policy to be used on this project; b) a copy of the current Workplace Injury Summary Report issued by Workplace Safety & Insurance Board (in lieu of the Workplace Injury Summary Report document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); c) a copy of the current Certificate of Clearance issued by Workplace Safety & Insurance Board; d) the City's certificate of insurance shall be completed by the bidder's agent, broker or insurer; April 19, 2012 Tender No. T-11-2012 Page 2 Roof Replacements at Don Beer Arena - Rink 1 and Greenwood Community Centre ATTACHMENT # Z TO REPORT # CS_ 25' 12 G- e) list of Sub-Contractors in accordance with General Conditions Item 31 and page 104; f) Waste Management Plan to be used on this project in accordance with Tendering Specifications Item 19. Please include the following items in your Report to Council: (a) if items (a) through (c) noted above, are acceptable to the Co-ordinator, Health & Safety; (b) if item (d) - Insurance - is acceptable to the Manager, Finance & Taxation; (c) any past work experience with the low bidder T. Hamilton & Son Roofing Inc. including work location; (d) without past work experience, if reference information is acceptable; (e) the appropriate account number(s) to which this work is to be charged; (f) the budget amount(s) assigned thereto; (g) Treasurer's confirmation of funding; (h) related departmental approvals; and (i) 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 y, u require further information, please feel free to contact me or a member of Supply & Se ` ices. j VAF/jg Attachm nts April 19, 2012 Tender No. T-11-2012 Page 3 Roof Replacements at Don Beer Arena- Rink 1 and Greenwood Community Centre L CS ZS ( Z ATTACHMENT #--.L-TO REPORT # Pool S 11~ x2i LLJ C14 ~ aL AC r~ Y 0 0 mYQ ca o Y L ~ i T Q Q ~ Efl eq~ 64 H} Efl 64 ER ff} EH ER fA ER EA ff~ C ~ E N O o c p 0 © Q. O U a ;J p 0 1~ m ~Q o Q ~ZY R Y - E- U) w R U c c Q L N C z Q C zo ~~c o1 1 z co co W W r Q Q Y W Q U0 w Y a w~ co m Y a, o q? 0° mo ® \ w U u LL a ~q p Q vd p o ~ w Q Z u i N Q d r L d O F- •y w cn cn cn cn (n (n (n cn U) F c a> m a~ a~ m m a~ a) a~ a~ m a~ (U a~ o w } } } } } } } } } } } } n. Z agin r (D U ~ L E a a o 06 U) c J O c6 R O O U 'D 0$ Z p CJ a~ J U) o O c' c ol$ o L O O m (n c Y_-cy, 3 o-0 EE 0 a Lo c x Y c 2 E in a) m p caw c (D 0 O VOi L O O U O O ((D Z) O O- m Q F- (n 2' Q Cn (n 1- c U U (A W Q Z F- w (n ATTACHMENT # 2- TO REPCIRT #C 1 J p0. S 6~ Cj N - O . N O C O cp ° U .U O Q h a C N C. O C O U h _ U O U N O C O U ~ O W C 2 .L N a m a3i a 4 i •C 0 E o C LLI (n v ~ w d LL Q ATTACHMENT # 3 TO REPORT # CS ;-)5 `I 2- pocor (o-e Z 116 The Corporation of the City of Pickering By-law No. Being a by-law to authorize the Don Beer Arena - Rink 1 Roof Replacement project in the City of Pickering and the issuance of debentures in the amount of $420,000 Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, Whereas the Council of the City wishes construction to proceed in respect of the Don Beer Arena Roof Replacement project; and, Whereas before authorizing the construction to proceed in respect of the Don Beer Arena - Rink 1 Roof Replacement project on the date hereof the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and therefore, Ontario Municipal Board approval is not required as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; And whereas after determining that Ontario Municipal Board approval is not required, the Council of the City approved report CS 25-12 on the date hereof and awarded Tender T-11-2012 for the Don Beer Arena - Rink 1 Roof Replacement project. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: I A I'TACHMENT # , TO REPORT #CS 2S `I 2- BY-LAW NO ~G~ c~ e 2 o~-Z Page 2 i 1. That the City proceed with the project referred to as "Don Beer Arena - Rink 1 Roof - Replacement"; 2. That the estimated costs of the project in the amount of $424,950 be financed as follows: a) That the.sum of $420,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years at a rate to be determined; b) That the sum of $4,950 be funded from property taxes; 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2013 and continuing thereafter until the loan is repaid. ' By-law read a first, second and third time and finally passed this 22nd day of May, 2012. David Ryan, Mayor Debbie Shields, City Clerk I Report To Executive Committed 8 PICKERING Report Number: CS 26-12 Date: May 14, 2012 From: Everett Buntsma Director, Community Services Subject: Supply & Delivery of One Telescopic Boom Excavator 2012 Gradall XL4100-IV 6x4 Hydraulic Excavator File: A-1440 Recommendation: 1. That Report CS 26-12 of the Director, Community Services regarding the supply and delivery of One Telescopic Boom Excavator be received; 2. That Quotation No. GR12-0031 dated April 12, 2012, as submitted by Amaco Equipment for the supply and delivery of One Telescopic Boom Excavator in the amount of $340,560.00 (HST extra) be accepted; 3. That the total gross cost of $384,832 (HST included) and a net cost of $346,554 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows as provided for in the 2012 Capital Budget; (a) that the sum of $345,000 be financed by the issue of debentures through the Regional Municipality of Durham for a period not exceeding five years, at a rate to be determined; (b) that the balance of $1,554 plus issuing costs be funded from property taxes or other revenues available to theTreasurer; (c) that the financing and repayment charges in the amount of approximately $74,260 be included in the annual Current Budget for the City of Pickering commencing in 2013 and continuing thereafter until the loan is repaid and any financing cost be paid out of the current budget; (d) that the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions or take any actions necessary in order to effect the foregoing; 5. That the draft by-law attached to this report be enacted; and 119 Report CS 26-12 May 14, 2012 Subject: Supply & Delivery of One Telescopic Boom Excavator 2012 Gradall XL4100-IV 6x4 Hydraulic Excavator Page 2 6. Further that the appropriate City of Pickering Officials be authorized to take necessary action to give effect hereto; Executive Summary: The City of Pickering currently utilizes a fleet of equipment to perform a wide range of road maintenance activities. A replacement for the oldest Telescopic Boom Excavator, a Tandem Axle 1995 Badger, was identified and was approved in the 2012 Roads Capital Budget. Upon review of all information, it is the recommendation of the Community Services Department that the purchase of a 2012 Gradall XL 4100 IV, as negotiatied by the Manager, Supply & Services with Amaco Equipment in the amount of $384,832.80 (HST included) be accepted and the net purchase cost of $346,553.86 be approved. Financial Implications: 1. Negotiated Amount One Telescopic Boom Excavator $340,560.00 HST (13%) 44,272.80 Total Gross Negotiated Cost 384,832.80 HST Rebate (11.24%) (38,278.94) Total Net Negotiated Cost $346,553.86 2. Approved Source of Funds 012 Roads Capital Budget Item Account Code Source of Budget Required Funds Excavator 5320.1205.6178 Debt - 5 Years $385,000 $345,00 Property Taxes 1,554 Total Funds $385,000 $346,554 4. Project Cost under (over) approved funds by $38,446 The Director, Corporate Services and Treasurer has updated the City's 2012 Annual Repayment Limit and certified that this loan and the repayment falls within the City's Annual Repayment Limit for debentures and financial obligations, and therefore, the Ontario Municipal Board approval is not required prior to City Council's authorization. CORP0227-07/01 revised Report CS 26-12 May 14, 2012 .1L Subject: Supply & Delivery of One Telescopic Boom Excavator 2012 Gradall XL4100-IV 6x4 Hydraulic Excavator Page 3 Discussion: The purchase of one telescopic boom excavator was approved by Council in the 2012 Roads Capital Budget. This machine will replace the City's oldest excavator, a 1995 Badger 460, which has experienced a catastrophic failure of the engine that powers the excavator portion of the machine. Specifications for the replacement were compiled utilizing previous purchases and a market analysis by the Manager, Municipal Operations & Fleet Services. Supply & Services advertised a Request for Expression of Interest No. RFEI-1-2012 on the City of Pickering's website with a closing date of March 26, 2012 to which one vendor, Amaco Equipment, responded. Under Section 09.01 of the Purchasing Policy regarding single source products by the Manager,-Supply & Services: "the Manager, is authorized to make single or sole source purchases, without competitive bids and enter into a contract if any of the following conditions apply Section 09.04, Sole Source, Item (d): "The purchase involves goods or services for which there is no reasonable substitute or competitive product." The appropriate Director shall summarize the rationale for a single or sole source request in a memo to the Manager (Section 09.05). Since this sole source purchase exceeds $125,000 and is subject to Council approval, the rationale is summarized within this report. (Section 09.09). Authority for the Manager, Supply & Services to negotiate in this process is provided in Section 09.10 of the Purchasing Policy as follows: "The Manager and approprirate Director or designate is authorized to enter into negotiations without competitive bids and enter into a contract if deemed advantageous." A meeting was held on Friday, April 20, 2012 at the Civic Complex with the vendor, Manager, Operations & Fleet Services and Manager, Supply & Services to review and negotiate the quotation. The Manager, Supply & Services entered into negotiations with Amaco Equipment, the result of these negotiations have resulted in a 1 % reduction in the price before HST, as well as payment terms acceptable to the Corporate Services Department. CORP0227-07/01 revised , ~ lport CS 26-12 May 14, 2012 Subject: Supply & Delivery of One Telescopic Boom Excavator 2012 Gradall XL4100-IV 6x4 Hydraulic Excavator Page 4 Ii It is, therefore, the recommendation of the Community Services Department that the purchase of a 2012 Gradall XL 4100 IV as negotiatied by the Manager, Supply & Services with Amaco Equipment in the amount of $384,832.80 (HST included) be accepted and the net purchase cost of $346,553.86 be approved. Attachments: 1. Summary memo from Supply & Services dated April 2, 2012. 2. Being a by-law to authorize the supply and delivery of One Telescopic Boom Excavator in the City of Pickering and the issuance of debentures in the amount of $345,000. Prepared By: Approved/Endorsed By: r r~ dra , Smith :Divr er tt Bunts a, NPD, CMM Man ger ctor Muni ipal Operations & Fleet Services ommunity Services Vera A. Felge acher Gillis A. Paterson, CMA C.P.P., CPPO, C 11PB' C.P.M., CMM III Director, Corporate Services & Manager, Supply & Services Treasurer Caryn Kong, CGA Senior Financial Analyst-Capital & Debt Management GS:nw Recommended for the consideration of Pickering City Council a- 7W Zoiz T. Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised TOREPORT# C~o~~2J 1f4' Of kl memo P1. ERIN To: Everett Buntsma April 2, 2012 Director, Community Services From: Vera A. Felgemacher Manager, Supply & Services Copy: Manager, Operations & Fleet Services Subject- RFEI - 1-2012 - Tandem Axle Telescopic Boom Excavator File: F-5300-001 A tandem axle telescopic boom excavator has been approved in the 2012 Capital Budget. Understanding from the Manager, Operations & Fleet Services there is only one (1) Vendor, the Manager, Operations & Fleet Services contacted other municipalities to see what type of excavator they used, (single or tandem axle) as part of market research. Request for Expression of Interest No. RFEI-1-2012 was advertised on the City's website, which closed on March 26, 2012. One submission was received from Amaco Construction Equipment, specifying a Gradall XL4100 IV 6X4 Hydraulic Excavator, which also included a price quote. In accordance with Item 09.01 of the Purchasing Policy, the Manager is authorized to make single or sole source purchases, without competitive bids and enter into a contract under certain conditions. Examples of Sole Source are listed in Item 09.04. Please review the examples. It appears the following example may apply here. Item 09.04 (d) - The purchase involves goods or services for which there is no reasonable substitute or competitive market. In accordance with Item 09.05, the appropriate Director shall summarize the rationale for a sole source request in a memo to the Manager. In accordance with Item 09.05, a sole source exceeding $125,000 is subject to Council approval. If this equipment conforms to specifications and you wish to proceed in this direction, please provide the required memorandum to the Manager, Supply & Services. A "sole source" memorandum template will be provided to you under separate cover. The memorandum should be included in your Report to Council. Item 09.10 - The Manager and appropriate Director or designate is authorized to enter into neg tiations without competitive bids and enter into a contract if deemed advantageous. If your require further information, please contact me or a member of Supply & Services. Attachrr b~ ,,~'t ATTACHMENT #_2 _ TO REPORT#_.. of 2- I The Corporation of the City of Pickering 123 By-law No. Being a by-law to authorize the supply and delivery of One Telescopic Boom Excavator in the City of Pickering and the issuance of debentures in the amount of $345,000 Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality. does not have the power to issue debentures; and, Whereas The Regional Municipality of Durham. has the - sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, Whereas the Council of the City wishes to proceed with the supply and delivery of One Telescopic Boom Excavator; and, Whereas before the Council of the City authorized the supply and delivery of One Telescopic Boom Excavator, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder; And whereas after determining that Ontario Municipal Board approval is not required, the Council of the City approved Report CS 26-12 on the date hereof for the supply and delivery of One Telescopic Boom Excavator; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: ATTACHMENT#_ ~ TOREPORT# (26 By-law No. Z Page 2 24 1. That the City proceed with the supply and delivery of One Telescopic Boom Excavator; 2. That the estimated costs of the project in the amount of $346,554 be financed as follows: a) That the sum of $345,000 be financed by the issue of debentures by The Regional'Municipality of Durham over a period not to exceed five years; b) That the balance of $1,554 be funded from property taxes; 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2013 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed this 22nd day of May, 2012. i David Ryan, Mayor Debbie Shields, City Clerk it 1 2 r ~ - City Report to Executive Committee PICKERING Report Number: CST 09-12 Date: May 14, 2012 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Cash Position Report as at December 31, 2011 Recommendation: It is recommended that report CST 09-12 regarding the 2011 year end cash position from the Director, Corporate Services & Treasurer be received for information. Executive Summary: The attached schedules summarize the City of Pickering's cash position, continuity of taxes receivable, outstanding investments, development charges collected and other development contribution information for the six months ended December 31, 2011. Overall, movement of key indicators in 2011 had been relatively positive compared to 2010 as reflected in the following: • Development charges collected are up by 102% over the same period in 2010. • Total collection in 2011 of $4.3M for the City portion of Development Charges is the highest in 20 years exceeding the 2004 collection of $3.7M. • Building permits issued in 2011 of 782 matched the 2004 record with the most number of permits issued in the past 11 Years. • Tax arrears increased by 7.8% over 2010. The City's investment portfolio remains well balanced posting almost the same yield in both short and long term investments. Financial Implications: The financial position of the Corporation for six months ended December 31, 2011 was a net increase in cash of $16,059,162 to $23,835,345. Sources of Funds totaled $130,995,637 and Uses of Funds totaled $114,936,475. Discussion: This report presents a six-month period of activity ending December 31, 2011. The discussion below describes the purpose and provides summary information in each of the attached schedule. Report CST 09-12 May 14, 2012 125 Subject: Cash Position Report as at December 31, 2011 Page 2 Statement of Cash Position: Attachment 1 reflects the City's sources and uses of funds for the second half of 2011. Subcategories have been identified to highlight those cash transactions that are material in nature or with large dollar values for the City. This schedule summarizes the increase in cash of $16,059,162 over the last six months of the year which was required to meet obligations in early 2012. However, it is important to note that periodic comparison may not be useful due the timing differences of receipts and disbursements in the year. Continuity of Taxes Receivable: Attachment 2 summarizes the tax related transactions from July 1 to December 31, 2011 and provides the outstanding taxes receivable as at December 31, 2011. This balance represents all three levels of taxes billed for the City, Region and School Boards. Periodic totals vary because of timing differences in due dates and amounts of supplementary billings. Pickering's portion of taxes receivable for the 2011 billings only is approximately $13.6M or 7.9% (2010 - 3.9%, 2009 - 4.8%, 2008 - 4.4%, 2007 - 4.3%, 2006 - 4.2%) of the $172.7M total taxes billed as at December 31, 2011 and 74.2% (2010 - 38.8%, 2009 - 45.6%, 2008 - 47.6%, 2007 - 49.6%, 2006 - 50.9%) of the $18.3M total receivable. Outstanding Investments: Attachment 3 reflects the short and long term investments for both Current and Reserve Funds outstanding as at December 31, 2011. Total investment portfolio as at December 31, 2011 is $58.OM with $0.8M from internal loans and $57.2M from general investments, a decrease of about $11.OM or 15.6% from 2010. Total investments vary from year to year depending on the timing of collection and remittance of development charges and supplementary taxes and cash required to meet financial obligations. Interest rates in general on both short and long term investments in 2011 are relatively the same as 2010. Development Charges Collected: Attachment 4 shows the total amounts collected for the City, Region and School Boards. The City is responsible for the collection of development charges on behalf of all levels of government. Compared to the same period in 2010, 2011 collection is up by 102% or $2,688,862 from $2,639,253 to $5,328,115. The total collected as reported under the Sources of Funds on Attachment 1 does not match the remittance amounts to the Region and School Boards indicated under the Use of Funds also in Attachment 1. This variance is a result of timing differences in payments to the Region and School Boards as monies become due 25 days following the month of collection. A separate report discusses the 2011 City development charges. Other Development Contributions: Attachment 5 is provided to show other significant development contributions received in 2011 which are mainly cash-in-lieu payments for parkland development. 1 2 (port CST 09-12 May 14, 2012 Subject: Cash Position Report as at December 31, 2011 Page 3 Multi Year Receipts: Attachment 6 shows multiyear receipts of the City's portion of development charges as presented on a linear chart. Collection for the first and second halves of 2011 was $1,247,778 and $3,045,704 respectively for a total of $4,293,482. This is now the highest annual collection on record in the last 20 years. It exceeded the former collection record of $3,709,465 set in 2004 by about 16% or $584,017. Compared to 2010, the total City portion collected in 2011 is up by $2,640,419 or 160% from $1,653,063 to $4,293,482.This increase reflects the amount of positive economic activity around the City. Building Permits Issued: Similarly, Attachment 7, building permits issued in 2011 increased by 39% or 218 from 564 in 2010 to 782 in 2011. This annual total matched the 2004 record as the highest number of building permits issued in the past 11 years. Again, a positive indicator of economic growth in the City. Attachments: 1. Statement of Cash Position 2. Continuity of Taxes Receivable 3. Outstanding Investments 4. Development Charges Collected 5. Other Development Contributions 6. City Portion of Development Charges Collected 1991-2011 7. Building Permits Issued 2000 - 2011 Prepared By: Approved/Endorsed By: Dennis P. Arboleda Gillis A. Paterson, CMA Supervisor, Accounting Services Director, Corporate Services & Treasurer Recommended for the consideration of Pickering C' Council W.- 2, Zn Tony Prevedel, P.Eng. Chief Administrative Officer ATTACHMENT #-L-TO REPORT #t" o q-1 2 128 City of Pickering Statement of Cash Position for six months ending December 31, 2011 Sources of Funds: Accounts Receivable collected $ 1,032,606 Development charges collected' 5,328,115 Operating - 50,006,529 Grants-in-lieu: Federal 1,172,110 Provincial 1,216,366 Ontario enterprises 4,122,533 Municipal enterprises 757,143 Linear Properties 504,875 Federal specific grants 18,113 Ontario specific grants 209,306 Interest Income 281,293 Sale of land - Tax payments received 66,148,989 POA Revenue 197,659 Total $ 130,995,637 Use of Funds: Operating and Capital Expenditures $ 23,804,625 Payroll 18,778,318 Region Levy 47,365,859 Regional portion of Dev. Charges 1,393,623 School Board Levies 20,474,258 School Board portion of Dev. Charges 617,578 Debenture payment to Region 2,502,214 Total $ 114;936,475 Net Cash Increase (Decrease) $ 16,059,162 FINANCIAL POSITION Bank Balance Net Cash Bank Balance Jul 1, 2011 Provided Used December 31, 2011 Current Fund $ 7,776,183 $ 16,059,162 $ 23,835,345 TOTAL $ 7,776,183 $ 16,059,162 $ 23,835,345 Includes City, Region and School Boards A. A.CW14D IT, d TO REPORT #~f OV- r2 r (D N O O co N co (D O) N r _ M O r O w co 00 N (o co co ~ ~ M O - O N M d N n Q uS o ~ oS (n U') (D (o w to Y i . 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CY) a 0 0 M E U 4) E o CL O c m > ~ as o N L ~ s c r O O E x .N L O c co . ~c cu a 0 m cn J Y C > J Z v z_ 0 c0 D Q m V J O O V ~ 1 5 3 ATTACHMENT #_Co TO REPORT #-C5-1- Oq- Z Ci M N d' M CID W O OZ ~ 0c~ 00, LL 6'© U ©c' `9O Oc' S~jO A N 00- cSi ° 100 i F, O ~ M 0pc' O cn o rn o ~p O ~ N ca O~ ~ pp0 C c~ti T- on A U E CL C O o cp a) ° Sf?' > N co C~) n 0 N Q-, yi r 190, CC kn c+ r-- A rn 3 1 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d O 0 0 0 0 0 0 0 U7 ~ ~ C' } C'') N N r ~ S ` 6nowV 1 34 - ATTACH MENT#--~-TO REPORT #-Q-F07, 12 ~ cv a> 0 r CL n O O N z ~ o M. CD u: O N (D Co v Lo 0 to r N O (fl N r- 0 N 0 CO o a CD C) C N N N 0 m O N O 0 N a N O O N r C) 0 N 0 0 O N 0 0 0 0 0 c 0 0 0 0 0 0 0 0 0 0 0 C] C7 0 Lo +0 Ul) 0 Lr 0 lf) 0 U') O lf) 0 L 0 ids O Lo cy) 00 w I- h Cc. (D In Ln v v (Y) m N N r r 135 City o~ Report To Executive Committee PICKERING Report Number: CST 10-12 Date: May 14, 2012 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2012 Annual Repayment Limit for Debt and Financial Obligations Recommendation: That Report CST 10-12 of the Director, Corporate Services & Treasurer regarding the 2012 Annual Repayment Limit for Debt and Financial Obligations be received for information. Executive Summary: The Annual Repayment Limit presented in this report represents, under a Provincial formula, the maximum amount which the City has available to commit to payments relating to debt and financial obligations. An update to the Annual Repayment Limit is required to determine the annual repayment limit for both internal and external borrowings. This update is required to enable the City to borrow externally. The Municipal Act delegates the authority to the Treasurer and provides that the Treasurer can certify the appropriateness of funding for each capital project involving debt, lease or other form of long term financial commitment as long as certain criteria are met. Otherwise, Ontario Municipal Board approval is required. Financial Implications: There are no financial implications associated with this report. Discussion: Recently, the Ministry of Municipal Affairs and Housing (MMAH) provided information regarding the City's 2012 Debt and Obligation Repayment Limit. Debt for these purposes includes all forms of loans, leases and other long term financial obligations and commitments. The 2012 Annual Repayment Limit (ARL) was calculated based on 25 percent of 2010 net own-source revenues as reported in City of Pickering's 2010 Financial Information Report (FIR) submitted to the Ministry of Municipal Affairs and Housing (MMAH). The FIR was prepared in conjunction with the annual financial statements. Own-source revenues represent generally the discretionary revenues of a municipality including property taxes, user fees, licenses and fines and exclude all grants, internal transfers and extraordinary items such as the one time sale of land or other fixed assets and non-discretionary items such as development charges. Report CST 09-12. May 14, 2012 136 Subject: 2012 Annual Repayment Limit for Debt. Page 2 and Financial Obligations The calculated 2012 ARL based on 25% of net revenue after taking into account net debt charges, is $14,973,156. This is based on the 2010 Financial Information Return which included the total annual principal and interest charges and all other financial obligations as recorded in the City's books of $2,375,310. However, for City purposes staff have chosen to update this number, as we have in past years, to take into account debt incurred in 2011 and the resultant increase in annual debt charges of $1,793,272 thereby reducing the 2012 ARL to $13,179,884. This represents the maximum additional principal and interest payments that could be undertaken without requiring Ontario Municipal Board approval. As at December 31, 2011 the City had $19,131,687 in external debt and $806,848 in internal loans for a total of $19,938,535. It must be pointed out that this calculation does not: measure affordability; take into account other commitments the City may have; identify the need to change levels of service or the amount property taxes must be -increased to repay the new debt. This limit represents the maximum amount which the municipality has available for approval and certification by the Treasurer as of December 31, 2011 to commit to payments relating to debt and financial obligations. The limit is effective January 1, 2012 for the calendar year. For illustration purposes, if the City could borrow at 5%, the rate used by MMAH in the calculation, the net ARL of $13,179,884 would allow it to undertake additional long term borrowing as follows: Term (years) Debt Amount a) 5 57,062,000 b) 10 101,770,000 c) 15 136,800,000 d) 20 166,250,000 Attachment: 1. Letter from the Ministry of Municipal Affairs and Housing dated January 3, 2012 Prepared By: Approved / Endorsed By: Caryn Kong, CGA Gillis A. Paterson, Senior Financial Analyst - Capital & Director, Corporate Services & Treasurer Debt Management Copy: Chief Administrative Officer Report CST 09-12 May 14, 201 137 Subject: 2012 Annual Repayment Limit for Debt Page 3 and Financial Obligations Recommended for the consideration of Pickering ity Council 2, 21 /Z Tony Prevedel, P. Eng. Chief Administrative Officer ATTACH MENT# TO REPORT #.LV Ministry of Minist6re des Municipal Affairs Affaires municipales t a r i (c) and Housing et du Logement 138 Municipal Finance Policy Branch Direction des politiques relatives aux finances municipales 777 Bay Street, 13th Floor 777, rue Bay, 13.1 etage Toronto ON M5G 2E5 Toronto ON M5G 2E5 Phone: 416 585-6951 Telephone : 416 585-6951 RECEIVED CITY OF PICKERtNQ Fax: 416 585-6315 Telecopieur : 416 585-6315. APR 2 7 2011 April 20, 2011 CORPORATE SERVM Dear Municipal Treasurer, Clerk/Treasurer: I am pleased to enclose a report showing your municipality's 2011 Annual Repayment Limit (ARL) respecting long-term debt and financial obligations. Your 2011 ARL was calculated based on 25 percent of your 2009 net own source revenues as reported in your 2009 FIR. If you require any further information, please contact the appropriate Municipal Services Office of the Ministry of Municipal Affairs and Housing (list enclosed). Yours truly, Trevor Bingler Director Enclosures r~~ 1 3 ~ - Ontario Ministry of Municipal Affairs and Housing Ministere des offaires municipales et du logement 777 Bay Street, 777 rue Bay, Toronto, Ontario M5G 2E5 Toronto (Ontario) M56 2E5 MMAH CODE: 10102 FIR CLEAN FLAG C + r a MUNID:. 18001 MUNICIPALITY: ' Pickering C UPPER TIER: Durham R REPAYMENT LIMIT: $ 14,081,357 The repayment limit has been calculated based on data contained in the 2009 Financial Information Return, as submitted to the Ministry. This limit represents the maximum amount which the municipality had available as of December 31, 2009 to commit to payments relating to debt and financial obligation. Prior to the authorization by Council of a long term debt or financial obligation, this limit must be adjusted by the Treasurer in the prescribed manner. The limit is effective January 01, 2011. FOR ILLUSTRATION PURPOSES ONLY, The additional long-term borrowing which 'a municipality could undertake over a 5-year, a 10-year, a 15-year and a 20-year period is show. If the municipalities could borrow at 5% drr,7% annuallY, the annual repayment limits shown above.would allow it to undertake additional long-term borrowing as follows: (a) 20 years @ 5% p.a. $ 175,484,833 (a) 15 years @ 5% p. a. $ 146,159,670•,. (a) 10 years @.5% p.a. $ 108,732,506. (a) 5 years C~. 5% p.a $ 60,964,907 (a) 20 years @ 7% p. a. - 149;178,097 (a) 15 years '@ 7% p. a. $ 128,251,789 (a) 10 years @ 7% p.a.. $ 98,901,559 (a) 5 years C 7% p.a 5 57,736,344" RMW L l - '.1fi , ~ ::tom C t N F L~C 1: ET Debt.Charges for the Current Year - 0210 Principal.(SLC74309901) [ ~ _ _ - 1,891,393 0220 Interest (SLC 74 3099 02). . . . . . . . . . . . . . : 7_42,139 ; 0299 Subtotal 2,633,532 Ontario Clean. Water Agency Provincial Projects 0410 Water projects - For this Municipality only,(SLC 74 281003). 0 0420 Water projects'- Share of integrated project(s)"(SLC 74 2820 03).a 0 0430 Wastewater projects - For this Municipality only (SLC 74 2830 03). . . . . . 0440 Wastewater projects Share of integrated project(s) (SLC 74 2840 03). . . . ! 0499 Subtotal 0 . 0610% ' Payments for Long Term Commitments and Liabilities financed from the consolidated statement of 0 operations (SLC 426010 01) . . . . . 0810 Debt Charges for Lease Purchase Agreements (Tangible Capital Leases) (SLC 74 3140 03) . . . .m 9910 Total Debt Charges 3 2,633 532 Amounts Recovered from Unconsolidated Entities 1010 Electricity Principal '(SLC 74 3030 01) . . 1020 Electricity - Interest (SLC 74 3030 02) . 0 1030 Gas Principal (SLC'74 3040 01) . • • I 0 1040 - Gas - Interest (SLC 74 304002) . . 'LL.. . . i 1050 Telephone - "Principal (SLC 74 3050 01) . . . . . . . . . . . . . . . 0 1060 Telephone Interest (SLC 74 3050 02) . . . ( .mw~ 0 1099 Subtotal 1410 Debt Charges for Tile'Drainage/Shoreline Assistance (SLC 74 3015 01 + SLC 74 3015 02) . 0 1420 s Total Debt Charges to be Excluded wo 71- Net Debt Charges 2,633,532 9920 SLI. Total Revenues ( Excluding Donations of Tangible Capital Assets) 1610 73,084,158 . (SLC 1.0 991001 - SLC 53 06i0 01) . . . . . . 2010 Fees for Tile Drainage / Shoreline Assistance (SLC 12 1850 04) . ~0 Grants from, Government of Ontario, Canada and Other Municipalities.,. 2210 Ontario :Grants, including Grants for Tangible Capital Assets (KC 10 0699 01. + SLC110 0810,01 . t SLC10 0815 01) { 1,546,045 2220 Canada Grants, including Grants for Tangible Capital Assets (SLC 10 0820 01 + SLC 10 0825 01) : 3,534,919 2230 Revenue from other municipalities (SLC 10 1099 01) . . . 129,918 2240 Gain/Loss on sale of land li capital assets (SLC 10 1811 01) 46,758 2250 Deferred revenue earned" (Development Charges) (SLC 10 8812 01) . . . . . . i 966,962 2299 r Subtotal X6,224 602 2410 Fees and Revenue for Joint Local Boards for Homes for the Aged . . .0 2610 Net Revenues 66,859 556 2620 25% of Net Revenues 16,714,889 9930 ESTIMATED ANNUAL REPAYMENT LIMIT i 142081,357 (25% of Net Revenues less Net Debt Charges) " ' SLC denotes Schedule, Line Column. i 1 41 Call °0 Report To _ AAR Executive Committee P1CKERI G Report Number: CST 11-12 Date: May 14, 2012 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Development Charges Reserve Fund- Statement of the Treasurer for the Year Ended December, 2011 Recommendation: That Report CST 11-12 of the Director, Corporate Services & Treasurer respecting the Development Charges Reserve Fund be received for information. Executive Summary: Section 43 of the Development Charges Act, 1997 (Act) requires that the Treasurer furnish Council with a statement in respect of each Reserve Fund established for each Development Charge under Section 33 of the Act. Accordingly, the enclosed Attachments 1 to 5 detail the activity in each component of the Development Charges Reserve Fund for the year ended December 31, 2011 in the manner as prescribed by the Act. As required under Section 43(3) of the Act, the Treasurer will be forwarding a copy of this same statement to the Minister of Municipal Affairs and Housing within 60 days upon furnishing the statement to Council. Financial Implications: In summary, development charge revenues increased by approximately 250 percent to $4,293,482 over 2010 due mainly to the new development in the Duffin Heights area. The Reserve Fund remains at a healthy balance of approximately $34.1 million pending inclusion of the projects for which the funds were collected being proposed in future capital budgets. The funds are well managed with investment returns consistently exceeding market indicators. Investment income becomes part of each fund. Discussion: Funds are not transferred out of the Development Charges Reserve Fund for projects until the funds are actually needed, as required under accounting rules, which ensures that the Reserve Fund continues to earn interest income on these unspent monies until such time that the actual expenses are incurred. Attachment 1 shows the total Reserve Fund balance of $34,107,294. Taking into account the "Budget Report CST 11-12 Date: May 14, 2012 142 Subject: Development Charges Reserve Fund - Statement Page 2 of the Treasurer for Year Ended December, 2011 Commitments" as at December 31, 2011 of $7,277,511, the Fund Balance available for .future expenditures is $26,829,783. The development charges collected in 2011 were $4,293,482, an increase of 250% from amounts collected in 2010 ($1,653,053). This significant increase is largely due to the new development in the Duffin Heights neighbourhood. Attachment 2 provides a chart showing the 10 year historical pattern of the development charges collected. The cumulative total collected for this 10-year period was $23,250,390. The 2011 projects approved based on the 2009 Development Charges Background Study from this Reserve Fund was $1,657,870. Attachment 3 provides detailed information on these approved projects. However, the expenditures actually incurred in 2011 that were funded from this Reserve Fund amounted to $431,267 (see Attachment 4). These expenditures pertained to capital and current projects approved in 2000 to 2011. Attachment 4 provides a summary by projects of these expenditures funded by development charges and other sources as prescribed by Ontario Regulation (O.Reg.) 82/98 Section 12(3).. Attachment 5 provides detailed information on repayments pertaining to outstanding internal loans undertaken from 2002 to 2009 as required by O.Reg. 82/98 Section 12(2)3,4,5. No internal loans were undertaken in both 2010 and 2011. The principal and interest paid in 2011 was $365,281, funded from property taxes and as of December 31, 2011, the total outstanding internal loans are $806,848. Attachments.- 1 . 2011 Annual Statement of Development Charges Reserve Fund 2. Development Charges Collected 2002 - 2011 3. Projects Approved in 2011 to be Funded from Development Charges Reserve Fund 4. 2011 Actual Capital and Current Expenditures Summarized by Projects 5. Development Charges Reserve Fund Internal Loans - Annual Repayment for the Year Ended December 31, 2011 eport CST 11-12 Date: May 14, 2012 Subject: Development Charges Reserve Fund - Statement Page 3 of the Treasurer for Year Ended December, 2011 Prepared By: Approved / Endorsed By: Caryn Kong, CGA Gillis A. Paterson, CMA Senior Financial Analyst -Capital & Director, Corporate Services & Treasurer Debt Management Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ZO/Z Tony Prevedel, P. Eng. Chief Administrative Officer ATTACHMENT# TTOREPORT #2.Ur-/r-12- 1 -4 W "I! O (Ot-- co a r-- F F3 i~ D v0. co (O co O N N ~ ~ 0) a) It m O V Ch 00 _ 0 r- 04 O tog, 117 C IL M 0) I- In M O r- N N CO ~ 0) M 1` N N V N_ O N O^ n rv Z` h t0 O O COD N N N N 6) 00 V LO to t 0) d9 (A N N N O 'IT O Q m LL t O O (D m U 7ci rn a+ d O v O N 000 O (D -,t 1` 00 o~ ER n CO M 00 OD O O r O U. (A W Q 0 E0) N 000 O O L0 N 0 ' COD t00 C. 04 M O (OD M O ( t rl- 0 O f- 3 O O O O O a > M to v v 0 1n 00 O Lo w O N CO I- Ln M 0) 00 T E 00 N cn N O O C NT N E CD r` O O M N O r 1f) O CD 1f) n , V' O O M 1f7 O N N M O h (h O 0) 0 M Lo . O CL N to t°n O U ~ ~ O LO 7 0 N fZ IZ r-- O h .O ~ f- 00 O co O O co O M O O M U7 co .a O r- N G 00 M M N O M (6. O O N M v M Lo Lo co O O to 0 N C \i (D 0 C t2 LL 06 Q N 0 0 r- co 0 ( D co 00 M N W N O z O O 00 co d N N N N 00 N N _ LL Efl CCO O cl) 0 M a' ~ 'tj CD t0 ~ U. L ~ r CY) O N 00 O O O n to Q~ d N L M LO 1- (M M ^O - r- It N E d d I~ (D (D M O W (+o N rn t`7 O l9 M M Nt N (c) I- N 0) co U > c N W E r C1. o p o N J > N N eh ~ M r C C U d w M N U E o 0 .c o E E a=i m J E Q E d o _'c 0 N > C X m y W co) N _N (4. V (U N O (U W O c V U -6 -6 w w = m -0 0 N 106 O > > LL 'O w w d CQ R W (U N 0 U C C N d d E a a C a> m (U a~ (U p X x (U Q V to Z L "O E > Z W W Q 16 16 uj U c a~ (U w W w o0 U m 4) > -W 2 c: co x -Ft 0. LU Q) cu N m, 0 1 5 2 1°- W U U 0 1i co 1i ATTACHMENT# a TO REPORT# Cssr-I r2 v _ L t N H C L U a r. i i O ~ E 3 N j O N 00 v 0 ~ N O o a o a, o 3 111 ~ O _ ! N O O O O O O O O O O O O O O O O O O O O O O C) 0 O O O O O O O O O Ln O Ln O Lrn O Ln O Ln Vl M M N N .--I r-I i ATTACHMENT# a TO REPORT # cs7_l1-~2- Projects Approved in 2011 to be Funded from 46 Development Charges Reserve Fund D.C-City's Dev. Charges Share Property Source of Funding GL Account Res Fund Reserve Debt Taxes Total Capital Budget External Subdivision ( Roads ) Third Concesion Road - BR-1 - Third Concession Road - Brock Road to 425m East (T/L). Reconstruction/Urbanization including sidewalk and multi-use trail 5321.1101 $269,525 $0 $807,000 $0 $1,076,525 Valley Farm Road - TC-6 - Valley Farm Road (East Side) Kingston Road to 100m South - Sidewalk/Blvd. in conjunction with adjacent development. 5321.1102 $8,250 $24,750 $33,000 Welrus Street- D-5 - Welrus Street - Sprucehill Road to Fairport Road. Reconstruct to urban standard including sidewalk and storm sewer. Design 2011 + Construction 2012 5321.1103 109,375 328,125 0 437,500 Old Taunton Road- DH-12 - Old Taunton Road (William Jackson Drive) East of Brock road - adjacent to SP2008-08, Urbanization/multi use trail. 5321.1104 332,100 36,900 369,000 Duffins Precinc- BR-11 - Duffins Precinct - Oversizing for Future Collector Road. 5321.1105 339,120 37,680 0 376,800 Total-Ext Subdivision (Roads) $1,058,370 $427,455 $807,000 $0 $2,292,825 External Subdivision (Streetlights & Sidewalks) - BROCK ROAD (BOTH SIDES) - DH-15 - Brock Road (Both Sides) Third Concession road to CP underpass sidewalk/multi-use trail, streetlights (City's share of project funded by Debt). 5321.1106 534,500 0 535,000 1,069,500 Total-Ext Subdivision (Streetlights & Sidewalks)) $534,500 $0 $535,000 $0 $1,069,500 External Subdivision ( Storm Water) ) - (4) OIL GRIT SEPARATORS (10-90) - (10-90) - Oil Grit Separators - locations to be determined ($75, 000 each) Installation/Restoration. 5321.1107 30,000 270,000 0 300,000 Total-Ext Subdivision (Storm Water) 30,000 270,000 0 0 300,000 Total-Capital Budget $1,622,870 $697,455 $1,342,000 $0 $3,662,325 Current Budget Library-Building Plan 2611.2392. 35,000 15,000 50,000 Total-Current Budget $35,000 $15,000 $50,000 Grand Total-Capital & Current Budget $1`,657,870 $697,455 $1,342,000 $15,000 $3,712,325 ATTACHMENT# 4 TO REPORT#_L5~r 147 a0 Ln tl1 N O U') N r- M W N to r (O M O ~ co V co ( ~ O O~ co co COD O co M N a c f 00 Co Ln 0 cc~ (o N co 0 0 (O M M (O c r ~ ~ co co N 69 (D M 00 d9 m a) cm CO co ~ (D a) .0 69 69 H9 69 69 61, cy) U U) C O O O O O O O O O Q 69 M M M r 6R r J M M r T r r 69 69 64 C L d 669 669 Cl 669 O ~ ~ N N 61+ T O) M M M L N 0') ~ T r c. X 69 o w 60 a r- M 0 69 69 69 69 O EA 69 O M M L C M 00 co C6 m M M 69 69 64? 69 0 j IL c m a 69 643Lf) 64). Lf) Ln 61+ Le) Q M Lo Lo 01 C1 Qf 0) C Q1 O O O) O 7 Ln ao cl) cl) M cl) y LL 69 69 e- ER 69 U O . d O r_ O CO r _O LA - O It OL N 69 v O M N (o ~ d (OD O O O 69 O Q. N O M m M MO 69 0 T (7) O O 7 N~ 01 N 00 M ~ V N O O It CD 04 U9, 69 m 04 04 m co) 64 69 fa Q1 ~ .C N N L U) a 04 N v rn t• rn r- (o n o) C r (M n O O O N O N M LA 1- COD N 00 VO co 0 rl- 0 Ce) O, O> N oc O c M r O N L 000 N 0 O Rf E' L d N N C C \F E9 U')_ 'nil Ln M N M OD V co O 69 69 669 ~ 69 E9 0 U) > O Q1 L. t~+ C O 3 (O co m co Lf) O N N _ 0 c O O N O O O O m O O O M~ O M O M M u 0), V O 0 0 0 0 0 0 O N N Q Q N N N N N N N aU) N N V J M M Ce) M M M M c~) m- M M r- (O K y x C7 to Lo Ln Lo Lo Lo Lo W) O) Lo Lo N N c r d LL N = w a) L N "6 (O Yn N N X a) a~ "O C Y N N p ;O Y OCT O N r ID (D O Q m O N C O J v O m O aZi a to M L? C 3: O :C N > ID N O L 7 a) -Z 9~ C O fn of O Cl m' O O to O _p .0 gym„ a1 O U L2 a) c r !0 w W ^ U) N co .y U j C. a n cco a c l6 U U c .o p> c o is > m w> M y n- a m O a o CU - CY Fn 'E -0 :5 4i = 0) m a) 7E 1~ 0 'D 'o x -2 .O c0 (n 6n _ co p a co 6) m O N L a) a) co K U) Q. v m r- K y v Y k O F- m O 7 O m a V V c a O a) W c6 -o -0 O (n W co co m w F- F- r a) O 6n t; C w(r c a) (L 'Q Z c_ V a m -0 2 O N R O O N in Y c c p m m w c (gyp m N w a r' IC R 00 p C U O> rn O CD O O O O (n (n C Q ` L C N Q ` L 'o a o H 3 U) in a H p a) F- C~ a~ m> p a) a) u m O Y L (j N V 0 W W X In Y Y Q (n (L ATTACHMENT #-.S:-TO REPORT# L5Ell-t 2- 148 Development Charges Reserve Fund Internal Loans- O.Reg. 82/08 Annual Repayment for the Year Ended December 31, 2011 s 12(2)3,4,5 Annual Outstanding Principal Outstanding Charges Year Original Principal Jan. Repayment Principal Dec. Interest (Principal & Undertaken Projects By Function Loan 1, 2011 2011 31, 2011 2011 Interest) * 2002 Storm Water Management 160,000 23,475 11,513 11,962 916 12,428 Recreation Facilities (Delaney 2002 Rink) & Museum 55,000 13,048 13,048 - 509 13,557 2002 Parks 155,000 23,727 11,636 12,091 925 12,561 2002 Sidewalks 78,000 18,507 9,076 9,431 722 9,798 2002 Roads 693,000 140,384 80,638 59,746 6,412 87,050 2003 Rec.Complex-Core 7,524 2,608 834 1,774 110 943 2003 Roads 100,476 34,825 11,134 23,691 1,463 12,597 2004 Parks 175,000 79,069 18,517 60,552 3,455 21,972 2006 Recreation Facilities 73,000 15,763 15,763 - 552 16,315 2007 Gen Govt (Civic Complex) 38,000 25,292 4,623 20,669 1,138 5,761 2007 Protective Services (Fire) 150,000 61,868 31,191 30,677 2,480 33,671 2007 Rec Facilities (Arena) 50,000 3,551 3,551 - 827 4,378 2007 Rec Facilities (Community Ctr) 139,000 101,274 12,863 88,411 4,877 17,741 2007 Parks 134,000 85,342 12,400 72,942 4,702 17,102 2007 Parks 86,000 36,462 36,462 - 1,422 37,884 2009 Fire (Heavy Rescue Vehicle) 500,000 458,277 43,375 414,902 18,148 61,523 Total 2,594,000 1,123,472 316,624 806,848 48,657 365,281 * Source of Funding: Property Taxes 1 49 Ctrs, o¢~ Report To PICKERING Executive Committee Report Number: CST 12-12 Date: May 14, 2012 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2011 Building Permit Stabilization Reserve Fund Recommendation: That Report CST 12-12 from the Director, Corporate Services & Treasurer regarding the 2011 Building Permit Stabilization Reserve Fund be received for information. Executive Summary: Section 7(4) of the Building Code Act requires that "every 12 months each principal authority shall prepare a report... of building fees and related costs." This Reserve Fund was established under that Act and this report provides this information. Financial Implications: This report contains information pertaining to the financial status of the Building Permit Stabilization Reserve Fund as at December 31, 2011. Provincial legislation requires an annual report on this fund be presented to Council. Discussion: In December 2005, Council approved report PD 41-05, which enacted a new building permit process and fees under the Building Code Act or Bill 124. The premise of Bill 124 was the requirement that municipalities will no longer be able to subsidize planning services or other City areas through building permit fees. C.N. Watson was retained to undertake a comprehensive analysis of all Planning & Development service costs fees and legislative requirements and to develop an Activity Based Costing (ABC) model for the City. Using this information, the consultant recommended a small increase in building permit fees to provide for cost recovery and to establish a building permit stabilization reserve fund. The purpose of this reserve fund is to provide a source of funds for current operating budget costs during an economic downturn to offset lower building permit revenues. Without such a reserve fund, reduced growth and permit volumes during a downturn could result in severe budgetary pressures. Report CST 12-12 Date: May 14, 2012 'SbbTect: 2011 Building Permit Stabilization Reserve Fund Page 2 The Building Code Act requires that an annual report be prepared that includes total fees collected in the previous 12 month period and a summary of indirect and direct costs of delivering the service. The following statements indicate that expenses exceeded revenues and therefore there was no transfer to the reserve fund as required by the Act. Due to the relatively low rate of development since the fund was established in 2006, the accumulated shortfall for this reserve fund is approximately $2.72 million. Annual Report - Building Permit Fees For the year ended December 31, 2011 Building Permit Revenue $1,494,487 Costs: Direct Costs $(1,292,168) Indirect Costs (228,23.4) (1,520,402) Excess (Shortfall) Revenue Over Costs $(25,915) Building Permit Stabilization Reserve Fund Opening Balance, January 1, 2011 $ - 2011 Contribution Closing Balance, December 31, 2011 $ - Attachments: None Prepared By: Approved / Endorsed By: Stan Karwowski Gillis A. Paterson, CMA Manager, Finance & Taxation Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council A~' . 2D/2, Tony Prevedel, P.Eng. Chief Administrative Officer Report To Executive Committee, PICKERING Report Number: CST 13-12 Date: May 14, 2012 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2012 Tax Rates and Final Tax Due Dates for All Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes Recommendation: 1. That Report CST 13-12 of the Director, Corporate Services & Treasurer regarding the 2012 tax rates be received; 2. That the 2012 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 27, 2012 and September 27, 2012 excluding the industrial, multi-residential and commercial realty tax classes; 4. That the attached By-law providing for the imposition of the tax rates approved under Recommendation 2 and 3 above, be read three times and approved; 5. 'That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Adoption of the above Recommendations and the attached By-law provides for the approval of tax rates required to raise the levy approved in the 2012 Current Budget of the City of Pickering and to levy taxes for School Boards and for the Region of Durham. This is for all realty tax classes except for commercial, industrial and multi-residential which will be dealt with later this year. Report CST 13-12 Date: May 14, 2012 152 Subject: 2012 Tax Rates and Final Tax Due Dates for All Page 2 Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes Financial Implications: Adoption of the recommendations and passing the By-law will allow staff of the Corporate Services Department to bill the Final 2012 levy for all properties except for the industrial, commercial and multi-residential tax classes which will be dealt with later this year. Passing of the by-law will assist the City of Pickering to meet its financial obligations and reduce any borrowing costs. This levy also raises taxes for the Region of Durham and the School Boards. Discussion: The 2012 final tax billing process will consist of two separate components: 1. Residential and residential related (farm, managed forest) properties; and, 2. Commercial, industrial and multi-residential realty classes. Later this year, a report will be presented to Council asking for Council's approval to bill the non-residential tax classes. The non-residential tax classes are subject to tax capping and Pickering's staff in conjunction with the other lower tier municipal tax staff and the Region's finance staff will be working on the tax capping calculations during the next few months. City's Net Tax Levy and Tax Rate Increase The 2012 budget provided for an average property tax increase of 2.93% was adopted by Council through Corporate Services Report CST 03-12. The 2012 Council approved budget levy of $47,274,470 plus assessment growth of $463,000 translates into the total property tax levy of $47,737,470. Tax Due Date Instalments Recommendation 3 provides for the due dates for the payment of residential taxes being June 27, 2012 and September 27, 2012. The table below lists the tax instalment due dates for the last three years. Year 1S Instalment 2" Instalment 2012 June 27, 2012 September 27, 2012 2011 June 29, 2011 September 29, 2011 2010 June 28, 2010 September 28, 2010 2009 June 26, 2009 September 28, 2009 Communication Strategy In addition to mailing the tax bills, the City will advertise the tax installment due dates on the City's webpage and in the Pickering News Advertiser prior to each tax due date. Report CST 13-12 Date: May 14, 2012 153 Subject: 2012 Tax Rates and Final Tax Due Dates for All Page 3 Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes Pre-Authorized Payment Plans (PAP) The City offers three Pre-Authorized Payment Plans (PAP): regular monthly (for current accounts), installment based, and the monthly defined arrears plan (implemented November 2011). 1. Regular Plan This plan has 7,610 participants and consists of eleven payments on the 1St day of each month, starting in January with the last payment withdrawn in November. (There is no payment required in December which participants appreciate. 2. Installment Plan This plan has 287 participants and is based on the property tax due dates. This plan is popular with the "snow birds." 3. Monthly Arrears Plan Staff developed this payment option initiative to assist those taxpayers who are in arrears. This plan was introduced in November of last year and we currently have 80 participants. Preliminary estimates indicate that this plan will collect approximately $620,000 in outstanding property taxes and late fees. 4. PAP Promotional Initiative & Operational Efficiencies When the 2012 interim property tax bills were mailed earlier this year, every bill included the standard property tax brochure and a PAP application form. As a result of this PAP promotional initiative, PAP enrollment increased by 10.2% the largest such increase in the last few years. 5. Efficiencies The PAP payment program creates the following efficiencies: • Reduce counter activity • Reduce processing errors • Reduce costs of 3rd party processing (Symcor-RBC) • No additional staff resources required after initial set-up The staffing level for the Taxation Section has remained unchanged since 2002. However, property tax activity has increased by approximately 85% during this time and the extra workload has been absorbed by using operational efficiencies such as the PAP program. The promotion of this program will continue with each annual interim tax billing. Report CST 13-12 Date: May 14, 201 .154 Subject: 2012 Tax Rates and Final Tax Due Dates for All Page 4 Realty Tax Classes Except for Commercial, Industrial & Multi-Residential Realty Classes Other Recommendations 2 and 3 provide for the levying of all tax rates on all classes of property except for the non-residential properties where the tax rates and the property taxes will be billed at a later date because the "claw back" percentages that have not yet been determined. Therefore, staff will bring a separate report to Council for the non- residential billing in June. Staff's preliminary estimate for the final non-residential due date is October 12, 2012. Changes to the Billing Schedule Recommendation 6 will allow the Director, Corporate Services & Treasurer some latitude, limited by Provincial legislation, in effecting whatever may be necessary in order to ensure that the taxes are billed properly and in a timely fashion. It was always staff's understanding that Recommendation 6 would be used only if required to meet Provincial legislation requirements. Section 343, subsection one of the Municipal Act states the property owner must have at least twenty-one days notice to pay their taxes. A report would be prepared to Council if there was a substantial change in the billing of the final taxes. Attachments: 1. By-law to Establish the 2012 Tax Rates and Final Instalment Due Dates for All Realty Classes Except Non-Residential Prepared By: Approved / Endorsed By: ck~, /_~_2 I - r asr~ Donna DeLong Gillis A. Paterson, CMA Supervisor, Taxation Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 2- Zo/ Tony Prevedel, P. Eng. Chief Administrative Officer ATTACHMENT#_~_TO REPORT# 3-t,~, The Corporation of the City of Pickering By-law No. - - Being a by-law.to adopt the estimates of all sums required to be raised by taxation for the year 2012 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. Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S. 0. 2001, c25, as amended, to pass a By-law to levy a separate tax rate on the assessment in each property class; and, Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and, Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the City of Pickering the sums set forth for various purposes in Schedule "A", for the current year; and, Whereas the Regional Municipality of Durham has passed By-law No. 07-2012 to establish tax ratios and By-law 09-2012 to adopt estimates of all sums required by The Regional Municipality of Durham for the Durham Region Transit Commission and By- law 08-2012 to set and levy rates of taxation for Regional Solid Waste Management and By-law No. 10-2012 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, Whereas the Province of Ontario has provided the 2012 education tax rates for the realty classes; and, Whereas sub section 342(2) of the Municipal Act, 2001, S.O. 2001, c25, as amended, permits the issuance of separate tax bills for separate classes of real property for 2012; and, Whereas an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No. 7186/12 before the adoption of the estimates for the current year). Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. For the year 2012, The Corporation of the City of Pickering (the "City") on February 21, 2012, approved Council Report CST 03-12 and corresponding schedules and attachments as presented resulting in a taxation levy of $47,274,470. By-law No. Page 2 1 56 2. For the year 2012, the City shall levy upon the Property Classes set out in Schedule "A", the rates of taxation as set out in Schedule "A", for the City of Pickering, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule "A". Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and its Regulations. 3. The levy provided for in Schedule "A" shall be reduced by the amount of the interim levy for 2012. 4. The Tax Levy due dates for the Final Billing be June 27, 2012 and September 27, 2012 for all classes excluding the non-residential tax classes (commercial, industrial and multi-residential). 5. If any section or portion of this By-law or of Schedule "A" is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law and of Schedules "A" continue in force and effect. 6. This By-law comes into force on the date of its final passing. By-law read a first, second and third time and finally passed this 22nd day of May 2012. 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U c _ m d_ > > m m d ~i a H c c LL d `d CD o z z a~i a~i a~i mm m x m X m m H(7LL r LL'LL LL U LL~ U> m U x d d o m A a o LL l i N N> w 3 z m LL a ca -F. d U U U U a v z w> w>> a m m m m x m y .13 y E E E E m m m m a s c c c c m J m m a a v -o a m m e d u u S u ` ' u 'g d d `m d m c c c a d d. m m 1° -C d d d d `d d m a o d- E E E E E n n a a d d d d v a v v E E E E E E E E d w w y d o u>?>>> E u m E a E E E E E L o o o 2) 2) m `d o o o o o kK Sk a s a s d m d m€ m o 0 0 0 0 0 0 o E: m a' 21 2 LL d U U U U U V7 U N N O O - J J x it 0_' x LL LL U U 00 U U U U O a S - C J J J J J F U' U rcx r rr F LL a c~ x LL a LL x a c~ > 3 N x Y N z m 2• LL a G U U U X X U) U) N N 2 X J J a a a LL LL LL U U U U U U U U m = 4 Y a~ J J J J 158 Call o~ Report To Executive Committee PICKERING Report Number: CST 14-12 Date: May 14, 2012 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2011 Pre-Audit Balances of Reserves and Reserve Funds Recommendation: That Report CST 14-12 of the Director, Corporate Services & Treasurer regarding the 2011 pre-audit balances of reserves and reserve funds be received for information. Executive Summary: Based on the preliminary 2011 results, staff are now in a position to report on the pre-audit actual activities within the Reserves and Reserve Funds for 2011. A summary is presented in Appendix A. The purpose for each reserve and reserve fund, as well as the 2011 financial transactions is set out in Appendices B and C respectively. Financial Implications: As at December 31, 2011, Reserves and Reserve Funds totalled $76.7 of which $43.1 million were obligatory. This category consists of Development Charges, Parkland, Federal Gas Tax and Third Party Contributions. A further $13.2 million is restricted as to use. The balance of $20.4 million is primarily made up of the Rate Stabilization Reserve ($16.3 million) with other smaller reserves and reserve funds. Discussion: As in previous years, this report provides specific information on each of the City's Reserves and Reserve Funds, including year-end balances. The 2011 pre- audit Reserves and Reserve Funds balance of $76,721,518 is one of the highest balances ever reported in Pickering. However, this balance is not fully available for use due *to the outstanding budget commitments of funds not yet spent, the obligations connected with the collection of funds or other specific purposes approved by Council or under provincial legislation. With regard to unspent budget commitments for capital projects, staff are continuing the practice of not transferring funding for commitments until the expenditures are incurred. This procedure allows the reserve funds to earn interest income as long as Report CST 14-12 May 14, 2012 159 Subject: 2011 Pre-Audit Balances of Reserves and Reserve Funds Page 2 funds are still in the reserve fund's custody and is in compliance with the Public Sector Accounting Board (PSAB) for obligatory reserve funds. The combined unspent budget commitments for all reserve funds are $9,106,800. The Development Charges, Parkland, Third Party/Developer Contributions, Federal Gas Tax and Building Permit Reserve Funds represent funds received for specific purposes, many of which are subject to legislative requirements, with others based on developer agreements or agreements with any third parties. These reserve funds, totalling $43,136,488, are obligatory in nature and should be treated as committed. These reserve funds together with restricted balances of $13.2 million, which includes budget commitments of $9.1 million, total $56.3 million reducing the balance available for other purposes to $20.4 million at December 31, 2011. Of the aforementioned balance of $20.4 million, approximately $16.3 million is in the Rate Stabilization Reserve which is anticipated to be used over the current term of Council as the City progresses towards a sustainable level of budgets. The balance of $4 million is primarily reserved for capital works and capital replacements related to vehicles, equipment, telephone, and community facilities. The City established three new reserves this year, namely: Land Purchase Reserve, Seaton Development Review Reserve and Financial Systems Reserve. The Land Purchase Reserve was established to set aside funds for minor land purchases to be used for various City projects. The Seaton Development Review Reserve was established to capture transactions related to the development of Seaton. The Financial Systems Reserve was established to accumulate funds for a new Financial Suite. The purposes of the reserves and reserve funds are discussed further in Appendices B and C. Internal borrowings from the reserve funds commenced in 2001 to assist in funding capital projects. The outstanding principal balance as at December 31, 2011 is $806,848 which was borrowed from the Development Charges Reserve Funds. This provided the reserve funds with an attractive rate of interest compared to current market investment rates while at the same time providing a cheaper cost of borrowing for the municipality. Interest earned on internal loans represents amounts earned on the 2001 to 2009 internal borrowings. There was no internal loan undertaken in both 2010 and 2011. Attachments: 1. Appendix A Summary of Reserves and Reserve Funds 2. Appendix B Description of Reserves 3. Appendix C Description of Reserve Funds Report CST 14-12 May 14, 2012 160 Subject: 2011 Pre-Audit Balances of Reserves and Reserve Funds Page 3 Prepared By: Approved / Endorsed By: Caryn Kong, CGA Gillis A. Paterson, CMA Senior Financial Analyst-Capital & Director, Corporate Services & Treasurer Debt Management Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council a 20 /2 Tony Prevedel, P.Eng. Chief Administrative Officer h ATTACHMENT#_J_,TO REPORT#2.ar 14(-12 APPENDIX A CITY OF PICKERING SUMMARY OF RESERVES AND RESERVE FUNDS PRE-AUDIT ACTUALS DECEMBER 31, 2011 Pre Audit Audited Audited Audited Appendix B Summary Reserves 2011 2010 2009 2008 7000 Working Funds $400,000 $400,000 $400,000 $400,000 7001,7031-36 Replacement Capital 852,792 1,090,999 854,338 618,419 7011-7014 Contingencies-OPG, Election, Otherz 1,447,278 1,277,278 1,471,140 1,401,340 7020 Self-Insurance 2 962,707 962,707 962,707 951,391 7021 Rate Stabilization 16,310,644 16,579,632 16,565,777 17,374,935 7022 Develop. Charges-City's Share Z 4,370,874 3,695,928 1,946,216 1,168,494 7024 Continuing Studies 2 582,055 406,984 390,315 750,534 7040 Vehicle Replacement 93,722 149,158 237,547 172,547 7041 Easement Settlement 17,595 - 131,279 131,279 7042 Library Eastern Branch 2 155,000 130,000 105,000 80,000 7043 Move Ontario 97,483 14,533 267,033 8,243 7045 Economic Stabilization 830,000 830,000 1,235,000 - 7046 Capital Maint Mgmt System 240,000 165,000 90,000 75,000 7047 Land Purchase Nev2 194,403 - - - 7048 Seaton Development Review Newt 2,133,752 - - - 7049 Financial Systems Newt 175,000 - - - Total Reserves $28,863,305 $25,702,219 $24,656,352 $23,132,182 Pre Audit Audited Audited Audited Appendix C Summary of Reserve Funds 2011 2010 2009 2008 7501 Third Party/Dev. Contributions' $2,233,978 $2,185,223 $2,210,924 $2,043,667 7502 Parkland 182 1,818,119 1,757,582 1,914,793 1,984,486 7505 Federal Gas Tax Revenue' 4,977,097 3,526,410 3,032,702 3,084,862 7506 Building Permit Stabilization Fees 18,2 - - - 7600 Development Charges 112 34,107,294 29,593,894 27,714,332 26,413,355 7700 Community Facilities 148,547 145,483 215,350 192,845 7701 Capital Works 377,057 369,943 361,338 348,583 7702 Public Works 1,074,373 1,049,595 1,224,292 1,167,782 7704 Doubles Squash Courts 2 - 116 1,315 92,530 7705 Workers Safety Insurance Brd 2 2,374,028 2,021,105 1,658,462 1,339,907 7706 Animal Shelter2 196,370 173,850 162,553 152,896 7707 Pickering Mens' Slow Pitch 2 138,985 136,359 137,587 128,470 7708 Operations Centre 2 412,365 - - - Total Reserve Funds $47,858,213 $40,959,560 $38,633,648 $36,949,383 Total Reserves & Reserve Funds $76,721,518 $66,661,779 $63,290,000 $60,081,565 Notes (Includes 7600 & ' Obligatory Reserve Funds $43,136,488 7502 (Excludes 7600 2 Restricted Reserves & Reserve Funds 13,142,817 & 7502) Total Obligatory' & Restricted 2 -2011 = 56,279,305 Less Budget Committed Projects (9,118,403) Total Uncommitted Obligatory & Restricted R & RF $47,160,902 Total Reserves & Reserve Funds $76,721,518 Less Obligatory, Restricted Reserve & Reserve Funds (56,279,305) Net-Discretionary Reserves & Reserve Funds $20,442,213 ATTACHMENT #2TO REPOT /q-/Z Appendix B Reserve for Working Funds 7000 Actual Balance December 31, 2010 $ 400,000 Transfers into the Reserve - Transfers out of the Reserve - Pre-Audit Actual Balance December 31, 2011 $ 400,000 1. Purpose of this Reserve: The reserve for working funds is used to provide operating cash to assist in avoiding short term interest expenses incurred on operations, typically during the first few months of the year prior to tax billing and at other times when cash inflows and outflows do not match as occurs in any corporation. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: It is recommended as a "rule-of-thumb" that this reserve be 2% to 3% of total City revenues. Based on average annual revenue of $45 million, at 2%, the amount to maintain for this reserve should be $900,000. 153 Appendix B Reserve for Replacement of Capital Equipment - G/L 7001, 7031-7036 Actual Balance December 31, 2010 $ 1,090,999 Transfers into the Reserve: Revenue Fund Contribution 138,777 Sale of Land - Return to Source 14,300 Transers out of the Reserve: Transfers to Capital Fund (391,284) Pre-Audit Actual Balance December 31, 2011 $ 852,792 1. Purpose of this Reserve: The purpose of this reserve is to reduce the need to levy for the full cost of major equipment in the year of acquisition. This reserve acts as a stabilization factor and helps to avoid both tax rate fluctuations and the issuance of long-term debt or other means of financing. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: This reserve should be kept at a level that is equivalent to the replacement cost of the assets for which they were established. Over the last couple of years, the reserve balance has been kept at a minimum level. Contributions to this reserve are provided for annually in the Current Budget. In 2003, additional sub-categories were set up for accounting purposes to, better match the collection of funds to the application of these funds to particular facilities as shown on the following page. Appendix B 1 4 The balances pertaining to these sub-categories are as follows: Corp Use Prgrms Pool Arena Core Pool Arena Total Acct 7001 7031 7032 7033 7034 7035 7036 Dec 31/10 362,439 190,252 37,645 183,297 128,110 153,839 35,417 1,090,999 Transfers in 23,315 18,500 4,962 30,000 27,000 15,000 20,000 138,777 Sale of Land 0 - Returned to source 0 14,300 - 14,300 Transfers out (183,897) - - (65,990) (63,994) (77,403) - (391,284) Dec 31/11 201,857 208,752 42,607 161,607 91,116 91,436 55,417 852,792 165 - Appendix B Reserve for Contingencies - G/L 7011-7014 (OPG, Other Assessment Appeals, Election, Miscellaneous) Actual Balance December 31, 2010 $ 1,277,278 Transfers into the Reserve: Transfers from Revenue Fund 170,000 Transfers out of the Reserve: - Pre-Audit Actual Balance December 31, 2011 $ 1,447,278 1. Purpose of this Reserve: Like the Capital Equipment Replacement Reserve, this reserve acts in a tax stabilization capacity. It was established in anticipation of unknown, unusual or extraordinary expenditures, which occur from time to time. The interest income on this account forms part of the annual Current Budget General Government Revenue. I 2. Recommended Maintenance Levels of this Reserve: In 2003, the large balances in this reserve were reviewed and grouped into sub- categories in the general ledger, for accounting purposes only, to better distinguish those amounts that are committed and those amounts available for general corporate use. The sub-categories are as follows: OPG Assessment Appeal, Elections, Other Assessment Appeals and Miscellaneous. As at the year ended December 31, 2009, there are no longer any funds in the Contingency-Ontario Power Generation (OPG) Assessment Reserve as the assessment appeals related to the taxation years 2003-2006 have been reached and this amount was transferred to the Rate Stabilization Reserve in 2007. The amounts pertaining to the other sub-categories are as follows: Election - $86,138 Other Assessment Appeals - $682,594, True Sport City Share- $3,060 and Miscellaneous - $675,486 165 Appendix B Reserve for Self Insurance - G/L 7020 Actual Balance December 31, 2010 $ 962,707 Transfers into the Reserve - Transfers out of the Reserve: Transfer to Capital Fund - Pre-Audit Actual Balance December 31, 2011 $ 962,707 1. Purpose of this Reserve: This reserve was established as a necessary form of asset protection and risk management. Specifically, it is to cover insurance claims resulting from the increase in deductible levels, costs of uninsured claims and other claim related costs. The higher deductible reduced insurance premiums. Significant savings can be realized through reduced premium costs and staff analyzes the costs/benefits of such actions on an annual basis. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: This reserve should be maintained at a level to ensure that the funding is adequate to meet future liabilities. This situation is analyzed by staff on a regular basis. 1 67 Appendix B Reserve for Rate Stabilization - G/L 7021 Actual Balance December 31, 2010 $ ,16,579,632 Transfers into the Reserve: 2011 Excess Surplus Contribution 281,822 Dividend from Veridian 2,484,600 2,766,422 19,346,054 Transfers out of the Reserve: 2011 Current Budget Provision (3,017,338) Transfer to Capital Fund (18,072) Pre-Audit Actual Balance December 31, 2011 $ 16,310,644 1. Purpose of this Reserve: The purpose of this reserve is to act as a tax rate stabilization factor for annual current budget funding. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: The fund balance should be maintained at a level of 3 to 5 per cent of tax revenues to provide tax rate stabilization for annual current budgeting purposes. The 2011 Current Budget provided for a transfer in the amount of $3,017,338 from this reserve to fund current expenditures. With the settlement of OPG assessment appeal in 2007, dividends from Veridian and surplus in 2011; there is sufficient built-up of funds to draw from this reserve for future budgeting years. 168 Appendix B Reserve for Development Charges - City Share G/L 7022 Actual Balance December 31, 2010 $ 3,695,928 Transfers into the Reserve 2011 Excess Surplus Contribution 657,582 2011 Budgeted Transfer 580,000 Returned to source 184,818 5,118,328 Transfers out of the Reserve Transfer to Capital Fund -External Subdivision Works (747,454) Pre-Audit Actual Balance December 31, 2011 $ 4,370,874 1. Purpose of this Reserve: This reserve has been established to set aside funds for projected growth in the City. From the 1999 and the 2004 Development Charges Studies it was approved that a reserve be established for the City's share (i.e. the non- development charge portion) of the costs of services included in the Development Charges Study and that contributions be included in the annual Current Budget for consideration by Council. For the City to meet its obligations for the various capital projects, an annual contribution of $2.4 million is required. The interest incomes on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: Funds continue to be budgeted in the Current Budget to build-up this reserve to fund future capital growth of the City. The draws in the current year were to finance External Subdivision Works. This reserve should be maintained at a level to ensure that the funding is adequate to meet future capital growth in the City. 159 Appendix B Reserve for Continuing Studies and Consulting - G/L 7024 Actual Balance December 31, 2010 $ 406,984 Transfers into the Reserve Continuing Consulting Work or Studies 386,180 Transfers out of the Reserve (211,109) Pre-Audit Actual Balance December 31, 2011 $ 582,055 1. Purpose of this Reserve: This reserve was established to capture any unspent annual Current Budget provisions related to consulting, continuing studies, professional and legal fees. 'Under Generally Accepted Accounting Principles, the approval to expend funds for these efforts ceases at year-end, however work may continue beyond that date. The establishment of this fund enables the transfer of unspent funds into future year and accommodates this frequent timing difference between the approval and the expenditure. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. Funds transferred to this reserve will be used to fund the balance of the expenditures still to be incurred for incomplete studies or consulting contracts. Expenditures incurred in 2011 in the amount of $211,109 pertained to consulting work that was transferred into the reserve in the prior year. An additional amount of $386,180 has been transferred-in for ongoing consulting work. 7 0 Appendix B Reserve for Vehicle Replacement - G/L 7040 Actual Balance December 31, 2010 $ 149,158 Transfers into the Reserve 50,000 Transfers out of the Reserve: Transfers to Capital Fund (105,436) Pre-Audit Actual Balance December 31, 2011 $ 93,722 1. Purpose of this Reserve: This reserve was newly established in 2004 to begin building up funds to finance the cost of replacing the City's aging fleet. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. Funds transferred to this reserve will be committed to fund the purchase of new vehicles. 171 Appendix B Reserve - Easement Settlement - G/L 7041 Actual Balance December 31, 2010 $ - Transfers into the Reserve: - Projects returned to source 257,595 Transfers out of the Reserve: Transfer to Capital Fund - (240,000) Pre-Audit Actual Balance December 31, 2011 $ 17,595 1. Purpose of this Reserve: This reserve was established in 2005 with funds received from easement settlement in February 2005. The amount collected was $2.5 million. These funds were used to finance both the capital and operating expenditures of the City. The interest income on these funds forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. 172 Appendix B Reserve - Provision for Eastern Branch Library - G/L 7042 Actual Balance December 31, 2010 $ 130,000 Transfers into the Reserve 25,000 Transfers out of the Reserve - Pre-Audit Actual Balance December 31, 2011 $ 155,000 1. Purpose of this Reserve: This reserve was established in 2005 to begin building up funds for a new library at the eastern part of Pickering. This provision may be used to fund the new facility, capital cost, resource materials and any other related costs. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. Started in 2002, the Library requested $10,000 under the Capital Budget for the "Provision for Eastern Branch". A similar request was made in both 2005 and 2006. It is the intention of the Library to annually request for this provision to continue building up funds for the proposed new facility. In 2007, the annual provision has been increased to $25,000. The same amount was provided annually from 2008 to 2011. 173 Appendix B Reserve - Move Ontario - G/L 7043 Actual Balance December 31, 2010 $ 14,533 Returned to source-completed projects 94,431 Transfers out of the Reserve: Capital Expenditures -Roads (11,481) Pre-Audit Actual Balance December 31, 2011 $ 97,483 1. Purpose of this Reserve: This reserve was established in 2006 to capture the one-time funding received on March 20, 2006 from the Ontario government, the Ministry of Transportation. The Ontario government is providing a one-time investment to help municipalities primarily outside the GTA, with specific emphasis on rural and northern municipalities and to invest in municipal roads and bridges. Municipalities will determine their own roads and bridges priorities. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. Appendix B 1 7 4 Reserve - Economic Stabilization - G/L 7045 Actual Balance December 31, 2010 $ 830,000 Transfers to Reserve - Transfers out of Reserve - Pre-Audit Actual Balance December 31, 2011 $ 830,000 1. Purpose of this Reserve: This reserve was established in 2009 in order to place a special dividend approved by Veridian. Report to Council CS15-09 provides background information on the establishment of this reserve. The special dividend will be used to assist the City's budget process during the next few years. For both 2009 and 2010 budgeting years, $405,000 has been drawn per year from this reserve to rroinimize proposed tax increase. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. Appendix B Reserve - Capital Maintenance Management System - G/L 7046 Actual Balance December 31, 2010 $ 165,000 Contribution from Revenue Fund 75,000 Transfers out of the Reserve Capital Expenditures - Pre-Audit Actual Balance December 31, 2011 $ 240,000 1. Purpose of this Reserve: This reserve was newly established in 2008 to accumulate funds for asset maintenance and management systems to assist in meeting mandatory Public Sector Accounting (PSAB) requirements and future capital asset management initiatives. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. In the last two years, funds were transferred-in from the Current Budgets to provide for replacement cost for the telephone system. 176 Appendix B Reserve - Land Purchase - G/L 7047 new in 2011 Actual Balance December 31, 2010 $ - Transfers into Reserve - Revenue Fund Contribution 200,000 Transfers out of Reserve - Transfer to Capital Fund (5,597) Pre-Audit Actual Balance December 31, 2011 $ 194,403 1. Purpose of this Reserve: This reserve was established in 2011 in order to provide funds to meet the expenses incurred related to minor land purchases. This includes purchase of small parcels of land to be used for various City projects such as sidewalks, walking trails and road improvements. Council approval is required before land can be purchased. Provision was made in the 2011 Current Budget to transfer $200,000 from General Government to this newly created. Actual capital expenses incurred in 2011 was $5,597. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. 177 Appendix B Reserve - Seaton. Development Review - G/L 7048 new in 2011 Actual Balance December 31, 2010 $ - Transer into Reserve - Revenue from Application Fees 2,133,752 Transfers out of Reserve Pre-Audit Actual Balance December 31, 2011 $ 2,133,752 1. Purpose of this Reserve: This reserve was established in 2011 to allow the matching of Seaton Development application fees received prior to 2010 to the costs incurred for this development. As the development process progresses transfers, earmarked through the budget process, will be made to fund staffing and consulting costs related to this development. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. X73 Appendix B Reserve - Financial Systems - G/L 7049 new in 2011 Actual Balance December 31, 2010 $ - Transfer into Reserve: Revenue Fund Contribution 175,000 Transfers out from Reserve Pre-Audit Actual Balance December 31, 2011 $ 175,000 1. Purpose of this Reserve: This reserve was established in 2011 in order to build-up funds for the purchase of a new Financial Suite. In 2011, there was a current budget provision in the amount of $175,000 for a New Financial Suite. Recommendation 11 d) under report to council CST 14-11, provides that any unspent funds in 2011 be transferred to the Financial System Reserve. Annual provision will be made to continue building-up sufficient funds to replace the current outdated Financial System. The interest income on this account forms part of the annual Current Budget General Government Revenue. 2. Recommended Maintenance Levels of this Reserve: There is no recommended maintenance level. 1 °7 o ATTACHMENT #;_TO REPORT # F S7" 1+ l 2 Appendix C Third Party/Developers Contributions Reserve Fund - G/L 7501 Actual Balance December 31, 2010 $ 2,185,223 Transfers into the Reserve Fund: Contributions from Developers/Third Parties $ 104,600 Interest Earned on External Investments 43,963 Reserve Fund Management Fee (2,187) 146,376 Transfers out of the Reserve Fund: - Capital Expenditures: Ext Subdivision Works-Regional Altona Road (80,567) Brockridge Park Batting Cage (17,054) (97,621) Pre-Audit Actual Balance December 31, 2011 $ 2,233,978 1. Purpose of this Reserve Fund: This reserve fund was established by Council pursuant to Section 417(1) of the Municipal Act, 2001. The purpose of this reserve fund is to capture contributions from developers or third parties per development agreements and any cost sharing arrangements for future capital projects. Due to the externally restricted contributions, this reserve fund is treated as obligatory. The collections are committed for specific purposes and not available for general use. Unless specified, the City is under no obligation to pay interest to any developers or third parties. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund No reserve fund limits are appropriate for this fund as the collection and commitment of funds are dependent upon development agreements or cost sharing arrangements. 1 80 Appendix C Reserve Fund for Parkland - G/L 7502 Actual Balance December 31, 2010 $ 1,757,582 Transfers into the Reserve Fund: Developers Contributions $ 461,814 Returned to source $ 2,445 Interest Earned on External Investments 34,105 Reserve Fund Management Fee (2,019) 496,345 Transfers out of the Reserve Fund: Transfer to Capital Fund-Parks: Kinsmen Fieldhouse Rehabilitation (75,693) Brockridge Park-Play area (97,528) Playground Resurfacing (5,796) Large Grass Mowers (53,542) Trim Crew Trailers (13,010) Nature Haven Park (31,959) Brockridge Park (43,942) Soccer Pitch-Diana Princess of Wales (85,955) Dunmoore Park (28,383) (435,808) Pre-Audit Actual Balance December 31, 2011 $ 1,818,119 1. Purpose of this Reserve Fund: This is an "obligatory" reserve fund and it was established pursuant to section 417(1)(2) of the Municipal Act, 2001 as required by subsections 42(1), (5), (6), (7), (8) and (9) of the Planning Act. This fund is governed by legislation, regulation or agreement and requires revenues received for the special purposes to be segregated from the general revenues of the municipality. Obligatory reserve funds must be created whenever a statute requires revenues for a special purpose to be segregated from the general revenues of the municipality and the revenue is to be used solely for the purpose prescribed by statute. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: Due to the obligatory nature of this fund, there are no limits on this fund. The unspent budget commitments for the year ended 2011 are $170,000. The pre-audit balance of $1,818,119 after taking into account the unspent budget commitments will provide an uncommitted balance available of $1,648,119 as at December 31, 2011. 1~1 Appendix C Federal Gas Tax Reserve Fund - G/L 7505 Actual Balance December 31, 2010 $ 3,526,410 Transfers into the Reserve Fund: Federal Contribution (through AMO) 2,694,431 Interest on External Investments 73,970 Reserve Fund Management Fee (3,521) 2,764,880 Transfers out of the Reserve Fund: - Current Expenditures Audit Fees (5,597) Capital Expenditures in the following cost centres/projects: Roads-Whitevale Bridge (94,008) Roads-Final Lift of Asphalt: Toy Av, William St, Luna Crt, Charlotte Circle (150,323) Roads-Glenanna Rd Resurfacing (8,089) Sidewalks-Kingston Road Phase 1 (139,432) Streetlights-Dixie Road (4,648) Fire-Purchase of a Command Vehicle (58,956) Civic Complex-Replacement Backup Boiler (91,380) Senior Centre-Roof Rehabilittaion Phase 3 (274,715) Don Beer Arena Rehabilitation (171,396) Community Centre-WSCC Lighting Improvements (8,637) Community Centre-Greenwood Rooftop AC Unit (45,747) Rec. Complex:Energy Audit & System, Air Handling Units (141,252) Rec Complex Arena: Dehumidification System (3,389) Parks: Western Gateway & Kinsmen Fieldhouse Rehabilitation (17,918) Central Library-Roof Replacment Central & Front Door (98,706) (1,314,193) Pre-Audit Actual Balance December 31, 2011 $ 4,977,097 182 1. Purpose of this Reserve Fund: This reserve fund was established in 2005 to capture the transfer of gas tax revenues from the Government of Canada through the Association of Municipalities of Ontario under the New Deal for Cities and Communities (Canada-Ontario-AMO-Toronto Agreement). The Council had approved under Report to Council CS 92-05, the establishment of this reserve fund under By-law 6609/05 and Resolution 219/05. This program is not application based and does not require matching funding. Municipalities are allowed to invest in environmental sustainable infrastructure in programs such as public transit, storm water system, local roads and bridges. It comes with the expectation that the investments will see Ontarians enjoying cleaner air, cleaner water and reduced greenhouse gas emissions. The original 2005 Canada-Ontario-AMO-Toronto Agreement was amended on September 3, 2008 in order to extend the municipalities Gas Tax Fund allocations to 2014. Report to Council CS 06-10 provides detailed background information on the Amending Agreement and By-Law 7030/10 authorized the execution of an Amending Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(1). 2. Recommended Maintenance Levels of this Reserve Fund: No reserve fund limits are appropriate for this fund. The following table represents the schedule of payments under the 2005 Municipal Funding Agreement: Year Jul November 2005 $ 849,577.58 2006 $424,788.79 424,788.79 2007 566, 321.81 566, 321.82 2008 707,854.83 707,854.84 2009 1,415,709.67 1,415,709.67 Total $7,078,927.80 18~ The following table represents the schedule of payments over the life of the Amending Agreement: Year Jul November 2010 $1,347,215.33 $1,347,215.33 2011 $1,347,215.33 $1,347,215.33 2012 $1,347,215.33 $1,347,215.33 2013 $1,347,215.33 $1,347,215.33 Total $10,777,722.64 I As at December 31, 2011, this Reserve Fund has an unspent budget commitment of $1,659,289. Taking into consideration this budget commitment, the pre-audit balance as at December 31, 2011 of $4,977,097 will be reduced to $3,317,808. 184 Appendix C Building Permit Stabilization Reserve Fund - GL 7506 Annual Report - Building Permit Fees for the year ended December 31, 2011 Building Permit Revenue $ 1,494,487 Costs Direct Costs (1,292,168) Indirect Costs (228,234) (1,520,402) Excess/(Deficit) Revenue over Costs $ (25,915) Building Permit Stabilization Reserve Fund - GL 7506 Opening Balance, Jan. 1, 2011 $ - 2011 Contribution 1. Purpose of this Reserve Fund: This reserve fund was officially established in 2006 based on By-Law 6651/06 and Report to Executive Committee PD 41-05. The need for the establishment of this reserve fund arises as a result of the significant changes to the building regulatory system in Ontario with the introduction of the Building Code Statute Law Amendment Act, 2002 (known as Bill 124) and associated amendments to'the Ontario Building Code. The purpose of this fund is to secure funding to provide for service delivery stabilization during an economic downturn. The source of funds will be the annual portion of building code permit fees after related direct and indirect costs are netted. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 18 ID 2. Recommended Maintenance Levels of this Reserve Fund: Given the rationale for creating a fee stabilization reserve fund, the targeted reserve fund balance should reflect the reduction in permits witnessed during the last recession when compared to the long-run development average - acknowledging the City's responsibility to manage a portion of the costs associated with an economic downturn. Based on the modeled activity based direct costs conducted by CN Watson; the appropriate balance to maintain is proposed at $1.16 million, expected to be achievable within a target of seven accumulated years. As at the year ended 2011, this reserve fund remains at a zero balance. This is due to expenses exceeding building permit fee revenues; therefore, there was no transfer to the Building Permit Stabilization Reserve Fund. The Building Code Act, section 7(4) requires an annual reporting of this reserve fund, on which Report to Executive Committee CST 12-12 provided detailed information on the 2011 reporting year. 1 86 Appendix C Reserve Fund for Development Charges - G/L 7600 Actual Balance December 31, 2010 $ 29,593,894 Transfers into the Reserve Fund: Net Developer Contributions $ 4,293,482 Interest Earned on External Investments 633,408 Interest Earned on Internal Loans 48,657 Reserve Fund Management Fee (30,880) 4,944,667 Transfers out of the Reserve Fund: Transfer to Current Fund-Studies (58,078) Transfer to Capital Fund: (373,189) (431,267) Pre-Audit Actual Balance December 31, 2011 $ 34,107,294 1. Purpose of this Reserve Fund: This is an "obligatory" reserve fund and as such is governed by Municipal Act 2001, Development Charges Act, 1997, Ontario Regulation 82198, City By-law or agreement and requires revenue received for the special purposes to be segregated from the general revenues of the municipality. Obligatory reserve funds must be created whenever a statute requires revenue received for a special purpose to be segregated from the general revenues of the municipality and the revenue is to be used solely for the purpose prescribed by statute, i.e. in this case the monies charged to developers must be held and used to fund capital services and related background studies required for new growth. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: In accordance with development charge legislation, all development charge revenues must be held within separate Reserve Funds and can only be used for the financing of growth-related projects. 'As such, no reserve fund limits are appropriate for the Development Charge Reserve Funds because they are tied to growth-related capital requirements. This reserve fund has an unspent budget commitment of $7,277,511. The pre- audit actual balance of $34,107,294 would be reduced by this amount to reflect an uncommitted balance of funds available for future expenditures of $26,829,783. 1 87 Appendix C Reserve Fund for Community Facilities - G/L 7700 Actual Balance December 31, 2010 $ 145,483 Transfers into the Reserve Fund: Returned to source 4,932 Interest Earned on External Investments 2,347 Reserve Fund Management Fee (145) 7,134 Transfers out of the Reserve Fund: Transfer to Capital Fund (4,070) (4,070) Pre-Audit Actual Balance December 31, 2011 $ 148,547 1. Purpose of this Reserve Fund: This is a "discretionary" reserve fund established by Council to attempt to avoid both tax rate fluctuations and the need for issuing long term debt for major expenditures required for community facilities. The interest income on this reserve fund forms part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: The balances in this fund have fluctuated from the high in 1998 of $773,483 to the low in 2001 of $69,102. Other than interest income earned, there has been no transfer to this reserve fund in the last ten years. Expenditures are transferred out of reserve funds only when incurred. As at the year-end ended 2011, there is no budget commitment against this Reserve Fund. 1 83 Appendix C Reserve Fund for Capital Works - G/L 7701 Actual Balance December 31, 2010 $ 369,943 Transfers into the Reserve Fund: Interest Earned on External Investments 7,484 Reserve Fund Management Fee (370) Transfers out of the Reserve Fund. - Pre-Audit Actual Balance December 31, 2011 $ 377,057 1. Purpose of this Reserve Fund: This Fund is a "discretionary" one and was established pursuant to section 417(1) (2) of the Municipal Act, 2001 for specified purposes by Council related to the acquisition of assets. The interest income on this reserve fund forms part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: Between the years of 1998 to 2000, the balances have been maintained at $600,000 to $800,000. The average balance from 2001 to. 2003 declined to $515,000 and since it has further declined to an average of $350,000 per year. This is largely due to no major contribution to this reserve fund in the past ten years. There is no unspent budget commitment for this reserve fund. Major additional contributions will be required in future years. Appendix C Reserve Fund for Public Works - G/L 7702 Actual Balance December 31, 2010 $ 1,049,595 Transfers into the Reserve Fund: Third Party Contributions $ 9,415 Interest Earned on External Investments 18,696 Reserve Fund Management Fee (1,051) 27,060 Transfers out of the Reserve Fund: Glenanna Road Resurfacing (2,282) (2,282) Pre-Audit Actual Balance December 31, 2011 $ 1,074,373 1. Purpose of this Reserve Fund: This fund was established by Council pursuant to section 417(1) (2) of the Municipal Act, 2001. The purpose of the reserve fund is to acquire fixed assets, to fund capital works related to public property, without the need to fund on a long-term nature through the issue of debentures. The main purpose at this time is to fund the City's share of the cost of subdivision works committed to under various subdivision agreements. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: The "average" annual balance of this fund over the last four years has been approximately $1 million. This reserve fund should be kept at least at this level in the future. Staff will periodically review the need for this level with the requirements contained in the capital budget and four year program and report any different findings to Council. The pre-audit balance of $1,074,373 after taking into account the unspent budget commitment of $11,603 will provide an uncommitted balance available of $1,062,770 as at December 31, 2011. Appendix C E ` Squash Funds Reserve Fund - G/L 7704 'I Actual Balance December 31, 2010 $ 116 Transfers into the Reserve Fund Surcharge on Memberships 7,370 Contribution from Pickering Squash Club - Interest on External Investments 8 Reserve Fund Management Fee (3) 7,375 Transfers out of the Reserve Fund - Recreation Centre Expansion & Squash Courts (7,491) Pre-Audit Actual Balance December 31, 2011 $ - 1. Purpose of this Reserve Fund: This reserve fund was established to capture funds from Pickering Squash Club memberships' surcharges, corporate sponsorships, third party contribution and any such funds as the Council may approve. This reserve fund shall be used for the purpose of paying expenses related to the provision of double squash courts. This reserve fund was newly created in 2003 further to the recommendation passed in Council Resolution #79/03, Item 5 per Report to Council CS 40-03. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: No reserve fund limits are appropriate for this fund. There was a commitment of $200,000 from this reserve fund towards the construction of the double squash courts at the Pickering Recreation Complex. The construction of the double squash courts was completed in September 2009. The majority of the funds received from the inception of this Reserve Fund to 2011, plus interest income earned have been used to fund part of this project. The total amount funded was $196,841. The portion remains unf.inanced from this reserve fund is $3,159 and will be funded pending future revenues from surcharge on memberships. 191 i Appendix C Reserve Fund for Workers Safety Insurance Board - GIL 7705 Actual Balance December 31, 2010 $ 2,021,105 Transfers into the Reserve Fund: Contribution from Current Fund $ 505,000 Interest Earned on External Investments 43,472 Reserve Fund Management Fee (2,069) 546,403 Transfers out of the Reserve Fund: Claims and Other Related Costs $ (68,288) Funding Insurance Costs (104,883) Contribution to Health & Safety Training (20,309) (193,480) Pre-Audit Actual Balance December 31, 2011 $ 2,374,028 1. Purpose of this Reserve Fund: This reserve fund has been established to provide for the annual costs of insurance coverage, contributions towards the health and safety program, and the payment of claims and other related costs now that the City is a Schedule 2 employer. This reserve fund was created in 2001 further to the recommendation passed in Council Resolution#127/01 and in compliance with Workplace Safety & Insurance Act. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: Starting from 2004 and continuing to 2011, the contributions were more than double the claims experienced for the year, resulting to a built-up in the balance of the reserve fund to assist in offsetting future claims. As Schedule 2 operates on the self-insured principle, any anticipated savings between contributions and claims experience will be transferred to this reserve fund to build-up the fund balance in the event of any catastrophic claim-related costs, which may occur. The average annual built-up of approximately $263,000 from 2003 to 2011 has resulted in the 2011 year-end balance of approximately $2.3 million. i 192 Appendix C Animal Shelter Reserve Fund - G/L 7706 Actual Balance December 31, 2010 $ 173,850 Transfers into the Reserve Fund: Revenue Fund Contribution 10,000 Donations 8,874 Interest on External Investments 3,823 Reserve Fund Management Fee (177) 22,520 Transfers out of the Reserve Fund 0 - Pre-Audit Actual Balance December 31, 2011 $ 196,370 1. Purpose of this Reserve Fund: This reserve fund was established in 2007 based on By-law 6749/07, Report to Council CS 16-07, Recommendation 9. This reserve fund was established to record the City's share of the proceeds resulting from the dissolution and disposition of the assets of Pickering, Ajax, Whitby Animal Services (PAW). With the establishment of this reserve fund, financial resources received and provided can be used to construct a permanent animal shelter. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: No reserve fund limits are appropriate for this fund. The main contribution to this reserve fund was the proceeds of $144,433 from PAW in 2007. The balance of funds is from revenue funds contribution, donations and interest income earned. 193 Appendix C Pickering Men's Slow Pitch Reserve Fund - G/L 7707 Actual Balance December 31, 2010 $ 136,359 Transfers into the Reserve Fund: Contribution from Men's Slow Pitch League - interest Income 2,762 Reserve Fund Management Fee (136) 2,626 Transfers out of the Reserve Fund - Pre-Audit Actual Balance December 31, 2011 $ 138,985 1. Purpose of this Reserve Fund: This reserve fund was established at the end of 2007 based on By-Law 6822/07, Report to Council CS 58-07. This reserve fund was established to receive donations from the Pickering Men's Slow Pitch League, for safekeeping of donated funds and further application of funds towards a major softball facility. Report to Council OES 43-07 provides detailed information on the memorandum of understanding between the City and the Pickering Men's Slow Pitch League. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: No reserve fund limits are appropriate for this fund. In 2008, the City received the financial contribution of $125,000 from the Pickering Men's Slow Pitch League. The built-up of funds available as at December 31, 2011 in the amount of $138,985 is largely from interest income earned from the original financial contribution. 194 Appendix C Operations Centre Reserve Fund - G/L 7708 Actual Balance December 31, 2010 $ - Transfers into the Reserve Fund: Sale of Land 483,571 Interest on External Investments 5,542 489,113 Transfers out of the Reserve Fund: - Consulting & Legal Fees (76,748) Pre-Audit Actual Balance December 31, 2011 $ 412,365 1. Purpose of this Reserve Fund: This reserve fund was established to deposit net proceeds from the sale of land in the area known as Duffin Heights and other funds as may be approved by Council. The net proceeds will be used to finance costs associated with the establishment of the new Operations Centre. These include costs for disposal and acquisition of land, legal fees, surveys, soil testing, engineering design, construction costs, debt charges and, if available any equipment and furniture required for the facility. This reserve fund was established in 2009 under Report to Council CS 15- 09 Recommendation 9 a) and as approved by By-Law No. 6954/09. The interest incomes on these funds form part of the reserve fund as per the Municipal Act, 2001 section 417(3). 2. Recommended Maintenance Levels of this Reserve Fund: No reserve fund limits are appropriate for this fund. A parcel of land was sold in 2011. Related consulting and legal fees incurred were funded from the proceeds of this sale. The balance of the funds available as at December 31, 2011 have been committed as follows: Duffin Heights roads cost sharing agreement ($317,000), and consulting and legal fees ($95,000). There are thus no more discretionary funds available from this Reserve Fund. 19 Jcitq Report To Executive Committee PICKERIly Report Number: CST 15-12 Date: May 14, 2012 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Investment Portfolio Activity for the Year Ended December 31, 2011 Ontario Regulation 292/09 under the Municipal Act, 2001 Recommendation: That Report CST 15-12 of the Director, Corporate Services & Treasurer regarding Investment Portfolio Activity for the Year Ended December 31, 2011 be received for information. Executive Summary: The following report and attachments represent a summary of the investment activity and year end balance in the portfolio. Investment activity for the year 2011 totaled approximately $181.7 million with a year end balance in the portfolio of approximately $57.2 million. Current Fund investments are limited to one year or less and Reserve Funds to 10 years or less under the Council approved policy. As discussed below and as confirmed by the attached Performance Report from BMO Nesbitt Burns, the return on the City's portfolio has slightly declined from prior year. However, staff have achieved returns that compare favourably to market benchmarks. Over the last decade, the City's returns have generally exceeded, sometimes significantly, comparative benchmarks. Financial Implications: Total investment income, including bank account interest for 2011 was $1.2 million (2010 - $1.1M) of which $373,000 (2010 - $208,000) was for the Current (Operating) Funds. The balance of the income was allocated to the various reserve funds. Discussion: The City's investment portfolio is comprised of two main areas: Reserve Funds and balances available in the Current Fund when not required to meet current operating expenditures. This latter balance can vary greatly depending upon many factors including the timing of the receipt of property taxes and levy payments to the School Boards and the Region. Investments are undertaken as one consolidated pool of funds and interest earned is credited back to the appropriate funds. The Treasurer of the City of Pickering is required under Provincial Regulation 292/09 to report certain information and opinions to Council. The attached schedules are also included as part of the information requirements. The portfolio balance at December Report CST 15-12 Date: May 14, 2012 195 Subject: Investment Portfolio Activity for the Year Ended Page 2 December 31, 2011 Ontario Regulation 292/09 under the Municipal Act, 2001 31, 2011 of $57.2 million (2010 - $68.6M) is lower than the prior year primarily due to a larger balance in the bank accounts at December 31 which led to a reduction in the short-term investment balance. This balance was required in early 2012 to meet payment of 2011 invoices and the purchase of the land for the new Operations Centre. This resulted in a short-term investment balance at the end of 2011 of $23.6 million (2010 - $34.OM). The long-term investment balance of $32.8 million (2010 - $33AM) remained relatively unchanged compared to the prior year. The return on the portfolio increased in 2011 with a weighted yearly rate of return of 2.49% (2010 - 1.25%) on the combined short-term and long-term investments excluding interfund investments. Although the rates increased slightly over the prior year, worldwide rates continue to remain at historic lows which has had a significant effect on the portfolio returns over the last few years. Investment parameters are much narrower for the City than permitted for money market funds due to the Municipal Act and Regulations limiting the selection of qualified investments for municipal entities. However, notwithstanding these restrictions, staff was able to achieve an annual return of 2.49% outperforming the annual returns for the CIBC World Markets 91-Day T-Bill Index (1.0%) and the Morningstar Canadian Money Market Mutual Fund Index (0.6%). These returns are deemed comparative benchmarks for reviewing the portfolio's performance and considered the standard for analysis of investment funds in the industry. The average return on interfund investments (internal loans) was 4.3% (2010 - 3.7%). Of the year end total portfolio of some $57.2 million, approximately $32.8 million or 57.4% were external long-term investments and approximately $0.8 million or 1.4% were Interfund 'Investments (Internal Loans). The balance of approximately $23.6 million is short-term investments of 90 days or less. All investments were made in accordance with the Investment Policy approved by Council. Attachments: 1. Investment Activities for 2011 2. Outstanding Investments as at December 31, 2011 3. Correspondence dated February 3, 2012 from BMO Nesbitt Burns Report CST 15-12 Date: May 14, 2012 19 Subject: Investment Portfolio Activity for the Year Ended Page 3 December 31, 2011 Ontario Regulation 292/09 under the Municipal Act, 2001 Prepared By: Approved / Endorsed By: G~ CC 9~C a-G-04 Kristine Senior, CA Gillis A. 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Q > a) N a) a m C) 0(-D-C C E' ° mEYO~' Qm 0)( rnTn.c c m V O o m.>_ m vi °mc cQa~E~a ~ma) 0 0N°oc2c<6E a)>~5 iaZ -oc C L) (D jT W u~i E aULi o i6 > c a"mi U>~° E O p a a.ycm QC)L CL m -0 E LL LI LL .L0 6) m nnE.S ma E cn co Q>m cal, o0 Report to Executive Committee PICKERING Report Number: CST 16-12 Date: May 14, 2012 From: Gillis A. Paterson Director, Corporate Services and Treasurer Subject: Purchasing Policy - Revision Recommendation: 1. That Report CST 16-12 of the Director, Corporate Services & Treasurer, regarding revision to the Purchasing Policy be received, and, 2. That Council approve the revised wording to the Purchasing Policy, Section 17, as presented in Attachment 1 to this report. Executive Summary: Council approved the Purchasing Policy in Report CST 31-11 on October 11, 2011 by Resolution #166/11. The Policy has been in use for a six month period and some minor housekeeping amendments have been identified which are recommended for Council's consideration and approval. Financial Implications: There are no financial implications associated with the recommendations. Discussion: Section 17 of the Purchasing Policy was originally intended to'address real and potential conflicts of interest. Subsequent reviews of the wording reveal that this Section appears to be overly restrictive in that it has the potential to be too far reaching in what it prohibits. It is in the City's best interest to simplify the intent of this Section while the Policy is still fairly new and avoid any confusion should a situation arise. It should be noted that no issues related to this Section have arisen to date. However, providing additional clarity in Section 17 - Conflict of Interest - as is contained in Attachment 1 will be beneficial. The general intent of having a conflict of interest declared with a vendor is to protect the City and the employee declaring the conflict. Once a conflict is declared, steps such as removing the employee from the decision making or from authorizing payments to the vendor'are two examples of creating distance in the administrative process. The current clause can be interpreted as being very prohibitive with the wording "...this applies to relatives and former employees as well." It is simply too far reaching in its potential restrictions pertaining to relatives and former employees and businesses they may be directly or indirectly related to. RPnnrt CST 16-12 May 14, 2012 206 Subject: Purchasing Policy - Revision Page 2 The wording pertaining to relatives and former employees has been removed and replaced with revised wording that clarifies the role of employees to declare a conflict of interest with respect to their involvement in a procurement process and for vendors to declare any potential conflict of interest in all bids or tenders. The City can then undertake whatever measures necessary to minimize or remove a conflict of interest. Attachments: 1. Purchasing Policy - Section 17 - Amended Prepare By: Approved/Endorsed By: Vera A. Feld acher Gillis A. Paterson, CMA CSCMP, CP O, CPPB, C.P.M, CMM III Director, Corporate Services & Treasurer Manager, Supply & Services Recommended for the consideration of Pickering City ouncil 2, 2 o <Z Tony Prevedel, P. Eng. Chief Administrative Officer l ATTACHMENT# TO REPORT#12 L J Amendment to Purchasing Policy Section 17 Current Working - to be removed. 17 Conflict of Interest 17.01 Subject to the Municipal Conflict of Interest Act, no member of City Council, Committee or Board, employee of the City is or will become interested directly or indirectly as a contracting party or otherwise in the performance of the contract or in the provision of goods or services or in any portion of the profits thereof, or in any of the monies to be derived therefrom. This applies to relatives and former employees as well. 17.02 A vendor will be required to declare any potential conflict of interest in writing to the Manager. 17.03 The City reserves the right to disqualify from further consideration any proposals which demonstrate a conflict of interest. 17.04 A conflict of interest arising during the term of a contract must be reported immediately to the City and failure to advise may result in termination of the contract. Revised Wording - to replace current wording: 17 Conflict of Interest 17.01 All members of City Council, Committee or Board must comply with the Municipal Conflict of Interest Act. 17.02 With respect to all City purchasing, City employees must declare and disclose to the Manager any actual or potential direct or indirect conflicts of interest with respect to their involvement in a procurement process, including all evaluation processes, and, where necessary, not participate in a procurement process where there is a conflict of interest. 17.03 Vendors will be required to declare any real or potential conflict of interest in all instances involving the procurement of goods and services. 17.04 The City, through the Manager, reserves the right to disqualify the vendor from further consideration in any instance involving the procurement of goods and services which demonstrates a conflict of interest. 17.05 A conflict of interest arising during the term of a contract must be reported immediately to the Manager. If the Manager and the vendor are unable to rectify the conflict of interest to the Manager's satisfaction, the City may terminate the contract. Failure to disclose a potential conflict of interest during the term of a contract may result in termination of the contract by the City. I