HomeMy WebLinkAboutJuly 9, 2012 cliq 00
Council Meeting
Agenda
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PICKERING Monday, July 9, 2012
Council Chambers
7:30 pm
7:00 pm In Camera Meeting of Council
I) Invocation
Mayor Ryan will call the meeting to order and lead Council in the
• saying of the Invocation.
II) Disclosure of Interest
III) Adoption of Minutes Page
In Camera Council Minutes, June 18, 2012 Under Separate Cover
Council Minutes, June 18, 2012 1-17
Joint Planning & Development & Executive Committee 18-23
Minutes, July 3, 2012
IV) Presentations 24
V) Delegations 25
VI) Correspondence 26-31
VII) Committee Reports 32-34
a) Report JT 2012 - 07 of the Joint Planning & Development & Executive
Committee
VIII) Reports — New and Unfinished Business 35-101
IX) Motions and Notice of Motions
X) By-laws 102-114
Accessible • For information related to accessibility requirements please contact
PI CKE I V■V Linda Roberts
Phone: 905.420.4660 extension 2928
TTY: 905.420.1739
Email: Iroberts n pickerina.ca
XI) Confidential Council - Public Report 115
XII) Other Business
XIII) Confirmation By-law
FOR INFORMATION ONLY
• Minutes of the Accessibility Advisory Committee, April 25, and May 23, 2012
• Minutes of the Committee of Adjustment, May 23, 2012
• Minutes of the Advisory Committee on Diversity, June 14, 2012
• Minutes of the Waterfront Coordinating Committee, June 21, 2012
•
Cl9 o0 Council Meeting Minutes
Monday, June 18, 2012
i. 4i i s 7:30 PM
Council Chambers
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Present: .
Mayor David Ryan
Councillors:
K. Ashe
D. Dickerson
B. McLean
J. O'Connell
D. Pickles
P. Rodrigues
Also Present:
T. Prevedel - Chief Administrative Officer
E. Bunstma - Director, Community Services
G. Paterson - Director, Corporate Services & Treasurer
N. Carroll - Director, Planning & Development
T. Melymuk - Director, Office of Sustainability
B. Douglas - Fire Chief
P. Bigioni - City Solicitor, (Acting) City Clerk
M. Carpino - Manager, Culture & Recreation
K. Bentley - Chief Building Official
L. Roberts - Committee Coordinator
(I) Invocation
Mayor Ryan called the meeting to order and led Council in the saying of the
Invocation.
(II) Disclosure of Interest
No disclosures of interest were noted.
(Ill) Adoption of Minutes
Resolution # 78/12
Moved by Councillor Dickerson
Seconded by Councillor Pickles
In Camera Council Minutes, May 22, 2012
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Council Minutes, May 22, 2012
Planning & Development Committee Minutes, June 4, 2012
Executive Committee Minutes, June 11, 2012
Carried
(IV) Presentations
Presentation of Certificates
Adopt A Park
Devi Mandir— Peak Trail Open Space
John McLellan Contracting —Alderwood Park
Michelle Pearce, Coordinator, Environmental Awareness Programs, outlined the Adopt
a Park Program.
Mayor Ryan, Councillor Dickerson and Councillor McLean presented the groups with
certificates as well as new park signs in appreciation of their support and commitment
of the adopt a park program.
(V) Delegations
Election Campaign Contribution Rebate Program
1. Eileen Higdon appeared before Council with respect to the creation of a contribution
rebate program for residents who have made contributions to candidates for office in
the City of Pickering. She explained this would give the next generation of candidates
a level playing field and possibly generate more involvement from residents at election
time.
Ms. Higdon explained that the City of Toronto has such a program in place and
suggested the City of Pickering begin research into the creation of a by-law for this
program.
A question and answer period ensued.
2. Notice of Motion —Amendment to Procedural By-law
Pasquale Malandrino appeared before Council in support of the Notice of Motion to
amend the Procedural By-law. He noted that if approved, this would provide better
transparency and integrity for Council. He also stated this would set the tone for other
municipalities to follow and have a great impact on residents by restoring confidence
and trust.
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A question and answer period ensued.
(VI) Committee Reports
a) Report PD 06-2012 of the Executive Committee
1. Director, Planning & Development, Report PD 12-12
Downtown Pickering Intensification Study Status Report
(Part of the Pickering Official Plan Review)
Council Decision
That Report PD 12-12 of the Director, Planning & Development respecting the status
of the Downtown Pickering Intensification Study be received.
2. Chief Administrative Officer's Report, CAO 09-12
Sydney Beare Limited, Plan of Subdivision 40M-2167
-Final Assumption of Plan of Subdivision
Council Decision
1. That Sandtrap Court within Plan 40M-2167 be assumed for public use;
2. That the works and services required by the Subdivision Agreement within Plan
40M-2167, which are constructed, installed or located on lands dedicated to, or
owned by the City, or on lands lying immediately adjacent thereto, including lands
that are subject to easements transferred to the City, be accepted and assumed
for maintenance, save and except from Blocks 10, 11, 12 and 13; and
3. That the Subdivision Agreement and any amendments thereto relating to Plan
40M-2167 be released and removed from title.
Resolution #79/12
Moved by Councillor Dickerson
Seconded by Councillor Pickles
That Report PD 06-2012 of the Planning & Development Committee dated June 4,
2012, be adopted.
Carried
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1. Director, Corporate Services & Treasurer, Report CST 18-12
2011 Year End Audit
Council Decision
1. That Report CST 18-12 of the Director, Corporate Services & Treasurer be
received;
2. That the Year-end Communication Report as submitted by Deloitte & Touche LLP
be received for information; and,
3. That the 2011 draft Audited Consolidated Financial Statements for the City of
Pickering be approved.
2. Director, Community Services, Report CS 17-12
Tender No. T-10-2012
-Tender for East Shore Community Centre Parking Lot Improvements
Council Decision
1. That Report CS 17-12 of the Director, Community Services regarding Tender No.
T-10-2012 for the East Shore Community Centre Parking Lot Improvements be
received;
2. That the proposed works under Tender No. T-10-2012 is to include East Shore
Community Centre-west side, parking lot reconstruction and drainage
improvements;
3. That Tender No. T-10-2012 submitted by Wyndale Paving Company Limited in
the total tendered amount of $217,700.83 (HST included) and a net cost of
$196,046.34 be accepted;
4. That the total gross project cost of$244,821 (HST included) and a net project
cost of$220,469 (net of HST rebate) including the total tendered amount and
other associated costs be approved;
5. That Council authorize the Director, Corporate Services &,Treasurer to finance
the project as follows:
a) the sum of$200,000 as provided for in the 2012 Capital Budget be increased
to $220,000 and be financed through the issuance of debentures by the
Regional Municipality of Durham for a period not to exceed five years, at a rate
to be determined;
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b) the balance sum of$469 be funded from property taxes;
c) that the annual repayment charges in the amount of approximately $47,350 be •
included in the annual Current Budget for the City of Pickering commencing in
2013, continuing thereafter until the loan is repaid, and any financing cost to
be paid out of the Current Budget;
•
6. That the draft by-law attached to this report be enacted; and
7. Further that the appropriate officials of the City of Pickering be authorized to take
the necessary actions to give effect thereto.
5. Director, Community Services, Report CS 23-12
No Parking By-law, Sandstone Manor
-Amendment to By-law 6604/05
Council Decision
1. That Report CS 23-12 of the Director, Community Services regarding the
installation of No Parking Zones on Sandstone Manor, and a proposed
amendment to the municipal traffic and parking by-law 6604/05 be received; and
2. Further that the attached draft by-law be enacted to amend Schedule "2" to By-
law 6604/05 to provide for the regulation of parking on highways or parts of
highways under the jurisdiction of the Corporation of the City of Pickering,
specifically to address parking concerns on Sandstone Manor.
7. Director, Community Services, Report CS 27-12
Supply & Delivery of one 41,000 LB. GVW Dump Truck
-Quotation No. Q-13-2012
Council Decision
1. That Report CS 27-12 of the Director, Community Services regarding the supply
and delivery of one 41,000 LB. GVW Dump Truck be received;
2. That Quotation No. Q-13-2012, as submitted by Scarborough Truck Centre Inc.
for the supply and delivery of one 41,000 LB. GVW Dump Truck in the amount of
$187,758 (HST extra) be accepted;
3. That the total gross purchase cost of $213,297 and a net purchase cost of
$192,081 be approved;
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4. That Council authorize the Director, Corporate Services & Treasurer to finance
the project as follows as provided for in the 2012 Capital Budget;
a) the sum of$190,000 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$2,081 plus issuing costs be funded from property taxes;
c) that the financing and repayment charges in the amount of approximately
$41,000 be included in the annual Current Budget for the City of Pickering
commencing in 2013 and continuing thereafter until the loan is repaid;
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; and
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.
8. Director, Corporate Services & Treasurer, Report CST'17-12
Development Charges —Annual Indexing
Council Decision
1. That Report CST 17-12 of the Director, Corporate Services & Treasurer be
received;
2. That effective July 1, 2012 as provided for in Section 16 of By-law 6978/09, the
Development Charges referred to in Sections 6 and 11 of that By-law be
increased by 3.3 percent; and,
3. That the appropriate officials of the City of Pickering be given authority to give
effect thereto.
.9. Director, Corporate Services & Treasurer, Report CST 19-12
2012/2013 Property and Liability Insurance Renewal
Council Decision
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1. That Report CST 19-12 of the Director, Corporate Services & Treasurer be
received;
2. That the City of Pickering renew its property, liability and other insurance policies
through the Frank Cowan Company for the period July 1, 2012 to June 30, 2013
in the amount of $790,690.92 (includes applicable taxes) and inclusive on terms
and conditions acceptable to the Director, Corporate Services & Treasurer;
3. That L.V. Walker & Associates be confirmed as the City's Adjuster of Record for
property, liability and other insurance and related matters;
4. That the Director, Corporate Services & Treasurer, as part of the Risk
Management Program, be authorized to continue the Deductible Program,
including entering into the attached Claims Handling Agreement, through the
Insurance Adjuster L.V. Walker & Associates, and the Frank Cowan Company
and further, that the Director, Corporate Services & Treasurer or the Manager,
Finance & Taxation be authorized to settle any claims including any adjusting
and legal fees where it is in the City's interest to do so;
5. That the Director, Corporate Services & Treasurer be authorized to purchase
additional insurance, make changes to deductibles and existing coverages, and
alter terms and conditions as becomes desirable or necessary in order to limit
potential liability exposure and to protect the assets of the City and it's elected
officials and staff; and,
6. That the appropriate officials be authorized to take the necessary actions to give
effect thereto.
Resolution #80/12
Moved by Councillor Pickles •
Seconded by Councillor Dickerson
That Report EC 06-2012 of the Executive Committee dated June 11, 2012, save and
except Item Nos. 3, 4 and 6 be adopted.
Carried
3. Director, Community Services, Report CS 20-12
Urban Forest Study
• A brief discussion period ensued regarding the location of the study area.
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Resolution #81/12
Moved by Councillor Pickles
Seconded by Councillor Dickerson
1. That Report CS 20-12 of the Director, Community Services regarding the Urban
Forest Study be received;
2. That the City Of Pickering Urban Forest Study —Technical Report, be received by
Council for information;
3. That City staff be authorized to commence the preparation of a request for
proposals, and investigate costs related to consulting services for the preparation
of a city-wide Urban Forest Management Plan;
4. That staff be directed to include a request for funding in the 2013 Current Budget
for the purpose of retaining a consultant to assist in the preparation of a city-wide
Urban Forest Management Plan; and
5. Further that a copy of this report be forwarded to the Toronto and Region
Conservation Authority for their information.
Carried
4. Director, Community Services, Report CS 21-12
Amberlea Creek Erosion Control Environmental Assessment
A brief discussion period ensued with staff responding to questions regarding project
and report timelines .
Resolution #82/12
Moved by Councillor Pickles
Seconded by Councillor Dickerson
1. That Report CS 21-12 of the Director, Community Services, regarding the •
Amberlea Creek Erosion Control Environmental Assessment be received;
2. That the Toronto and Region Conservation Authority be authorized to assume a
leadership role in the partnership with the City of Pickering to undertake the
project;
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3. That the proposal from Toronto and Region Conservation Authority for services
related to the Amberlea Creek Erosion Control Environmental Assessment, in a
gross amount of $532,334 and a net project cost of$479,383 including net HST,
disbursements, and a 15% contingency be approved;
4. That the Director, Corporate Services & Treasurer be authorized to fund the
above mentioned project through a transfer from:
a) the Development Charges Reserve Fund — Stormwater in the amount of
$57,526;
b) the DC-City's Share Reserve in the amount of$421,857;
5. That a report be presented to Council upon completion of the Class
Environmental Assessment; and,
6. Further that appropriate City of Pickering staff be authorized to enter into any
agreements to give effect hereto.
Carried
6. Director, Community Services, Report CS 24-12
Tender No. T-17-2012
-Tender for School Crossing Guard Program
Discussion ensued with staff responding to questions regarding what mechanisms
were in place to handle safety concerns.
Resolution #83/12
Moved by Councillor Pickles
Seconded by Councillor Dickerson
1. That Report CS 24-12 of the Director, Community Services regarding Tender T-
17-2012 for the administration, supply and service of the School Crossing Guard
Program be received;
2. That Tender No. T-17-2012 submitted by Staffing Services in the total tendered
amount of$1,356,000 (HST included) with a net project cost of$1,221,120 be
approved for the three year period from September 2012 to June 2015, subject to
the annual review and extension to the contract by the Manager, Supply &
Services;
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3. Further that the appropriate City of Pickering officials be authorized to take
necessary action to give effect hereto.
Carried
(VII) New and Unfinished Business
1. Director, Community Services, Report CS 28-12
Tender No. T-15-2012
-Tender for Renovations and Expanded Washroom Facilities to the Seniors
Activity Center at East Shore Community Centre
A brief discussion period ensued with regards to accessibility.
Resolution #84/12
Moved by Councillor O'Connell
Seconded by Councillor Pickles
1. That Report CS 28-12 of the Director, Community Services regarding Tender No.
T-15-2012 for the Renovations and Expanded Washroom Facilities to the Seniors
Activity Centre at East Shore Community Centre be received;
2. That Tender No. T-15-2012 submitted by Joe Pace & Sons Contracting Inc. in
the amount of $223,740 (HST included) and a net cost of$201,484.80 be
accepted;
3. That the total gross project cost of$271,878.00 (HST included) and a net project
cost of $244,835 (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$200,000, as provided for in the 2012 Seniors Citizens Centre
Capital Budget be increased to $240,000 and be financed by the issue of
debentures by the Regional Municipality of Durham over a period not to
exceed five years at a rate to be determined;
b) the balance amount of$4,835 to be funded from property taxes;
c) the annual repayment charges in the amount of approximately $51,600 be
included in the annual Current Budget for the City of Pickering commencing
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2013, continuing thereafter until the loan is repaid, and any financing cost to
be paid out of the Current Budget;
d) the Director, Corporate Services & Treasurer be authorized to take any
actions necessary in order to give effect to the foregoing; and
5. That the 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.
Carried
2. Director, Planning & Development, Report PD 13-12
Potential Long Term Lease Program for Heritage Listed Properties on Federal Lands
A detailed discussion ensued with concerns raised regarding the structures being
moved out of the City of Pickering and the lack of time for the public to review this
report. Concerns were also noted with respect to the responsibility of the Federal
Government to maintain these structures. It was noted that the City of Brampton
currently has a policy in place to prevent homes from being derelict and it was
suggested staff look into this. It was also questioned whether any other alternatives
existed for these buildings as well as the possibility of requesting a further extension
from Transport Canada.
Discussion also ensued on the costs involved for security and insurance with retaining
the,structures in their current location. Staff noted the significant restoration costs
involved should the City of Pickering pursue the restoration of these buildings. It was
further questioned what the position of the local Members of Parliament were , and
whether they had responded to correspondence sent from the City of Pickering on this
matter.
Resolution #85/12
Moved by Councillor Dickerson
Seconded by Councillor Ashe
1. That Report PD 13-12 of the Director, Planning & Development dated
June 18, 2012 entitled "Potential Long Term Lease Program for Heritage Listed
Properties on Federal Lands" be received;
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2. That Transport Canada be advised that the City intends to assume ownership of
the "Craftsman Cottage" building, located at 3570 Brock Road, and to relocate
this building to the Pickering Museum Village;
3. Canada respecting 3570 Brock Road to December 31, 2012, to provide sufficient
time to facilitate the relocation of the structure to the Pickering Museum;
4. That Council authorize the Director, Corporate Services & Treasurer to finance
the relocation costs for the movement of the above-grade structure at 3570 Brock
Road to the administrative area of the Pickering Museum and the cost for the
construction of concrete foundations at the Pickering Museum to support the
relocated building structure, at an estimated cost of$55,000 and other related
costs of$9,600 as indicated in this report.
5. That the Federal Minister of Transport, Infrastructure and Communities be
requested to allow the City to retrieve elements of heritage value from 1607
Highway 7, 3656 Brougham Road, 3970 Brock Road, and 5460 Sideline 30 prior
to demolition;
•
6. That Council authorize City staff to engage directly with individuals who have
expressed an interest in the private acquisition of the heritage-listed buildings at
4355 Brock Road and 5460 Sideline 30 for relocation to private lands and, should
arrangements satisfactory to the City be made, that Council authorize staff to
extend the existing lease agreement with Transport Canada respecting these
buildings to December 31, 2012, to provide sufficient time to accommodate the
building relocation; and
7. Further, that the appropriate City of Pickering officials be authorized to take the
necessary action to give effect thereto.
Carried as Amended
later in the meeting
(Refer to following
Motion)
Resolution #86/12
Moved by Councillor Rodrigues
Seconded by Councillor O'Connell
That the main motion be amended to read as follows;
1. That Report PD 13-12 be received for information; and
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2. That the City defer any action regarding the six heritage properties under this
program for a period of three months to allow staff to pursue further discussions
with Transport Canada.
Carried as amended on a
Recorded Vote as Follows
Yes No
Councillor McLean Councillor Ashe
Councillor O'Connell Councillor Dickerson
Councillor Pickles Mayor Ryan
Councillor Rodrigues
(VIII) Notice of Motion
Amendment to Procedural By-law
•
Discussion ensued with numerous questions being raised which were addressed by the City
Solicitor and staff.
Resolution #87/12
Moved by Councillor McLean
Seconded by Councillor O'Connell
To amend the Procedural By-law (7212/12) to add the following provision:
"9.5 In the event that a Member is charged or legal proceedings are commenced, with: (i)
an offence under s. 89, 90 or 92(5) of the Municipal Elections Act, 1996, or (ii) an offence
under the Criminal Code (Canada) in connection with an act or omission that relates to a
municipal election, then Council may, with the support of a majority of Members present,
suspend the appointment of such Member from any Advisory Committee and from any
external agency, board or commission (including Veridian Corporation and The Toronto and
Region Conservation Authority). Such suspension shall be for such duration as Council
deems fit, provided that if the Member is acquitted, the suspension shall terminate no later
than the date on which all prosecution proceedings described above have been concluded
and all rights of appeal in respect thereof have been exhausted."
Motion Defeated on a
Recorded Vote as Follows
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Yes No
Councillor McLean Councillor Ashe
Councillor O'Connell Councillor Dickerson
Councillor Rodrigues Councillor Pickles
Mayor Ryan
(IX) By-laws
Resolution #88/12
Moved by Dickerson
Seconded by Pickles
That leave be granted to introduce By-law Nos. 7220/12 through 7226/12;
7220/12 Being a by-law to authorize the East Shore Community Centre-West Side,
Parking Lot Reconstruction and Drainage Improvements project in the City of
Pickering and the issuance of debentures in the amount of$220,000.
7221/12 Being a by-law to amend By-law 6604/05 providing for the regulating of parking,
standing and stopping on highways or parts of highways under the jurisdiction of
the City of Pickering and on private and municipal property
7222/12 Being a by-law to authorize the supply and delivery of one 41,000 LB. GVW
Dump Truck in the City of Pickering and the issuance of debentures in the
amount of$190,000.
7224/12 Being a by-law to dedicate Blocks 31 and 32, Plan 40M-2470, Pickering, as public
highway.
7225/12 Being a by-law to authorize the Renovations and Expanded Washroom Facilities
to the Seniors Activity Centre at East Shore Community Centre in the City of
Pickering and the issuance of debentures in the amount of$240,000.
That said by-laws be approved, save and except By-law Nos. 7223/12 and 7226/12.
Carried
Discussion ensued with staff providing clarification.
Resolution #89/12
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Moved by Councillor Dickerson
Seconded by Councillor Pickles
7223/12 Being a by-law to dedicate those parts of Lot 18, Concession 3, designated as
Parts 1, 5, 7, 9, 11 and 13, Plan 40R-26332 and Block 145, Plan 40M-2437 as
public highway.
Carried
Resolution #90/12
Moved by Councillor Dickerson
Seconded by Councillor Pickles
7226/12 Being a by-law to dedicate Block 9, Plan 40M-1457, Pickering, as public highway.
Carried
(X) Confidential Matters
In accordance with Procedural By-law 6746/07 and the provisions of the Municipal Act,
an In Camera meeting of Council was held prior to the regularly scheduled meeting.
Resolution #91/12
Moved by Councillor Dickerson
Seconded by Councillor O'Connell
That Council move In Camera in accordance with the provisions of the Municipal Act
and Procedural By-law 6746/07, in that the matters to be discussed relate to solicitor-
client privilege and the proposed or pending acquisition or disposition of land.
Carried
a) Verbal Update by City Solicitor
Draft Plan of Subdivision Application SP-2011-01
Draft Plan of Condominium Application CP-2011-01
Zoning By-law Amendment Application A 3/11
Emery Homes Glendale Ltd.
1880, 1876, 1872 Liverpool Road and
1863, 1865, 1871, 1875, 1877 & 1881 Glendale Drive
(Lot 19, 20, 21, 33, 34, 35, 36, 37 & 38, Plan 492), City of Pickering
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b) Confidential Report CAO 12-12
Road Closing — Conveyance of Land
-Road Allowance between Lots 30 and 31, Range 3, BFC, being Part 1, Plan 40R-
27441 and Part of Rosebank Road within Highway 401 Corridor
Resolution # 92/12
Moved by Councillor Dickerson
Seconded by Councillor O'Connell
That the recommendations of staff considered at the Closed Meeting of Council be
approved.
Carried
Refer to the In Camera minutes for further information. [City Clerk has custody and
control of the In Camera minutes.]
(XI) Other Business
The Chief Administrative Officer was requested to act on the following;
a) Councillor McLean asked staff to follow up with the City of Brampton with respect to
the implementation of strategies respecting the Federal Government's responsibility
to maintain vacant heritage properties.
b) Councillor O'Connell asked what communication has taken place with local MP's in
regards to the heritage structures in question, what correspondence has been sent
to them by the City of Pickering and what, if any, responses were received. She
also asked whether or not Council had previously directed staff to contact the local
MP's regarding the preservation of heritage structures.
c) Councillor O'Connell asked the CAO for an update on the Whitby Harbour dredging
and on Whitby's responsibility for it. She noted that Whitby had refused ownership of
the harbor.
(XII) Confirmation By-law
By-law Number#7227/12
Councillor Dickerson, seconded by Councillor Pickles moved for leave to introduce a
By-law of the City of Pickering to confirm those proceedings of the Council of The
Corporation of the City of Pickering at its Regular Meeting of June 18, 2012.
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(XIII) Adjournment
Moved by Councillor O'Connell
Seconded by Councillor McLean
That the meeting be adjourned at 9:55 pm.
Carried
Dated this 18th day of June, 2012
Mayor David Ryan
Paul Bigioni
(Acting) City Clerk
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c_itz, Joint Planning & Development and
1 8 ° ? `' Executive Committee Meeting Minutes
is siec Tuesday, July 3, 2012
7:30 pm - Council Chambers
Chair: Councillor Rodrigues
Present:
Mayor Ryan
Councillors:
K. Ashe
D. Dickerson
B. McLean
J. O'Connell
D. Pickles
P. Rodrigues
Also Present:
E. Buntsma - Director, Community Services
N. Carroll - Director, Planning & Development
P. Bigioni - City Solicitor
•
B. Douglas - Fire Chief
D. Shields - City Clerk
C. Rose - Manager, Policy
K. Senior - Manager, Accounting Services
M. Yeung - Planner I
(I) Disclosure of Interest
Councillor McLean noted that he would not be participating in the discussion
regarding Information Report No. 06-12 because he lived in the area. Councillor
McLean stated that he wanted to confirm whether he had a true conflict regarding
the application and until he confirmed this he would not participate.
(II) Part `A' — Information Reports
Catherine Rose, Manager, Policy, gave an outline of the requirements for a Statutory
Meeting under the Planning Act. She outlined the notification process procedures
and also noted that if a person or public body does not make oral or written
submissions to the City before the by-law is passed, that person or public body are
not entitled to appeal the decision of City Council to the Ontario Municipal Board, and
may not be entitled to be added as a party to the hearing unless, in the opinion of the
Board, there are reasonable grounds to do so.
1
cis o1 Joint Planning & Development and
Executive Committee Meeting Minutes
Tuesday, July 3, 2012
7:30 pm - Council Chambers
Chair: Councillor Rodrigues 1 9
1. Information.Report No. 06-12
Draft Plan of Subdivision SP-2012-01
Draft Plan of Condominium CP-2012-02
Zoning By-law Amendment A 3/12
2307038 Ontario Inc.
1817 Fairport Road
(Lot 106, RCP Plan 1051) City of Pickering
A public information meeting was held under the Planning Act, for the purpose of
informing the public with respect to the above noted applications.
Mila Yeung, Planner I, appeared before the Committee to provide an overview of the
Draft Plan of Subdivision SP-2012-01, Draft Plan of Condominium CP-2012-02 and
Zoning By-law Amendment A 3/12.
Brian Moss, Brian Moss Associates, appeared before the Committee in support of the
applications. Mr. Moss provided further details on the applications and noted that he
would be available to answer any questions.
Ian Cumming, 1899 Fairport Road, appeared before the Committee with a question
about a property sold nearby to this application and questioned if this property was a
part of this acquisition.
Colin Waters, 1814 Appleview Road, appeared before the Committee with a question
about Block 2. Mr. Waters questioned if this area is to become a park or something
else and also asked about the frontage of the proposed development (12 metres), as
he does not believe that this is enough frontage for this development.
Patrick Deville, 1825 Fairport Road, appeared before the Committee with a question
about the water runoff from the roads within the development and asked where that
water would go.
Sue Peshky, 1831 Fairport Road, appeared before the Committee in opposition to
the applications. Ms. Peshky expressed her concerns with the increased traffic that
the development would bring to the area and also noted that she did not believe four
parking spaces was enough. She also questioned whether the streetscape will be
compatible with the surrounding streetscapes.
Benjamin Tong, 812 Wingarden, appeared before the Committee with a question
about the zoning changes and whether they would contribute to zoning changes in
the neighbourhood in the future.
2
City 4 Joint Planning & Development and
II
• Executive Committee Meeting Minutes
�����►� ��� Tuesday, July 3, 2012
n 7:30 pm - Council Chambers
Chair: Councillor Rodrigues
Craig Marshall, the applicant, appeared before the Committee to advise that they had
purchased the lot to the south of the development and are in the process of reviewing
whether this property would be incorporated into this development or not.
Patrick Duffield, 1825 Fairport Road, appeared before the Committee in opposition to
the applications. Mr. Duffield stated that drainage from this property runs down the
side of his property causing flooding. He believes that the development will increase
this flooding and would like to see this addressed.
A question and answer period ensued with Brian Moss, Brian Moss Associates,
providing responses to the above noted questions from residents including
addressing traffic, storm water management, compatibility with the neighbourhood
and parking concerns.
(Ill) Part 'B' — Planning & Development Reports
1. Director, Planning & Development, Report PD 14-12
Proposed Wireless Cell Tower Installation
Public Mobile
Lease of City Land (Centennial Park)
(2250 Brock Road), City of Pickering
A question and answer period ensued. Discussion ensued with respect to who was
notified that a tower was being installed, the design of the tower, flagpole designs
and questions relating to revenue of Cell Tower leases.
Recommendation
Moved by Councillor Pickles
Seconded by Councillor McLean
1. That Report PD 14-12 of the Director, Planning & Development respecting the
installation of a cell tower at 2250 Brock Road (Centennial Park) be received;
2. That the Mayor and the Clerk be authorized to execute a lease agreement with
Public Mobile substantially on the terms set out in Report PD 14-12, and to the
satisfaction of the Director, Corporate Services and Treasurer and the City
Solicitor;
3. That Public Mobile be advised that City Council has no objection to the
proposed 25 metre high monopole cell tower installation at 2250 Brock Road
3
Cit 00 Joint Planning & Development and
Executive Committee Meeting Minutes
a etwor Tuesday, -July 3, 2012
7:30 pm - Council Chambers
Chair: Councillor Rodrigues 21
(Centennial Park), based on the design and other details submitted with this
request; and
4. Further, that the appropriate officials of the City of Pickering be authorized to
give effect thereto.
Carried
(IV) Part `C' — Executive Committee Reports
1. Director, Community Services, Report CS 30-12
Tender No. T-13-2012
-Tender for Roof Replacement at East Shore Community Centre
Recommendation
Moved by Councillor Pickles
Seconded by Councillor McLean
1. That Report CS 30-12 of the Director, Community Services regarding the Roof
Replacement at East Shore Community Centre be received;
2. That Tender No. T-13-2012 submitted by Triumph Aluminum and Sheet Metal
Inc. in the amount of $154,737.68 (HST included) and a net cost of$139,346.07
(net of HST rebate) be accepted;
3. That the total gross project cost of$171,688 (HST included), including the
tender amount and other associated costs, and the total net project cost of
$154,610 (net of HST rebate), be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to finance
the project by transferring $154,610 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.
Carried
2. Director, Community Services, Report CS 36-12
Proposed All-way Stop, Dersan Street and Tillings Road
Amendment to By-law 6604/05
4
city 4 Joint Planning & Development and
Executive Committee Meeting Minutes
0011 010E Tuesday, July 3, 2012
2 2 7:30 pm - Council Chambers
Chair: Councillor Rodrigues
Recommendation
Moved by Councillor Pickles
Seconded by Councillor McLean
1. That Report CS 36-12 of the Director, Community Services regarding the
installation of all-way stop control at Dersan Street and Tillings Road, and a
proposed amendment to the municipal traffic and parking by-law 6604/05 be
received;
2. That the attached draft by-law be enacted to amend Schedule "7" to By-law
6604/05 to provide for the regulation of stop signs on highways or parts of
highways under the jurisdiction of the Corporation of the City of Pickering,
specifically to address the proposed installation of all-way stop control at the
intersection of Dersan Street and Tillings Road.
Carried
3. Director, Community Services, Report CS 37-12
Proposed All-way Stop, Krosno Boulevard and Annland Street
Amendment to By-law 6604/05
Recommendation
Moved by Councillor Pickles
Seconded by Councillor McLean
1. That Report CS 37-12 of the Director, Community Services regarding the
installation of all-way stop control at Krosno Boulevard and Annland Street, and
a proposed amendment to the municipal traffic and parking by-law 6604/05 be
received;
2. That the attached draft by-law be enacted to amend Schedule "7" to By-law
6604/05 to provide for the regulation of stop signs on highways or parts of
highways under the jurisdiction of the Corporation of the City of Pickering,
specifically to address the proposed installation of all-way stop controls at the
intersection of Krosno Boulevard and Annland Street.
Carried
5
Citq o1 Joint Planning & Development and
I I � Executive Committee Meeting Minutes
N eC Tuesday, July 3, 2012
7:30 pm - Council Chambers
Chair: Councillor Rodrigues 2 3
4. Director, Corporate Services & Treasurer, Report CST 20-12
Section 357/358 of the Municipal Act—Adjustment to Taxes
Recommendation
Moved by Councillor Pickles
Seconded by Councillor McLean
1. That Report CST 20-12 of the Director, Corporate Services & Treasurer be
received;
2. That the write-offs of taxes as provided under Section 357/358 of the Municipal
Act, 2001 be approved; and
3. That the appropriate officials of the City of Pickering be authorized to take the
necessary action to give effect thereto.
Carried
(V) Other Business
a) Councillor McLean advised the Committee that he and Councillor O'Connell
attended the Great Lakes & St. Lawrence Cities Initiative Conference and
believes that it is important as a municipality for the City of Pickering to become a
voting member of this board. Councillor McLean provided notice that he would be
bringing forward a Notice of Motion to request that the City obtain membership to
the Great Lakes & St. Lawrence Cities Initiative.
b) Councillor O'Connell requested that staff review the construction on Westshore
Boulevard and the harbor entrance. Councillor O'Connell expressed her concern
that this project will be delayed or that the road would have to be repaved after
the harbor entrance construction was completed.
c) Councillor O'Connell requested information on whether the City assessed and
collected taxes for the land in Frenchman's Bay owned by Pickering Harbour
Company and other land owners.
(VI) Adjournment
The meeting adjourned at 8:45 pm.
6
Cat/ .4
24
PICKERING . July Jul 9, 2012
Presentations
1. MPP Tracy MacCharles,
MP Corneliu Chisu,
Diamond Jubilee Ceremony
•
Calicq
II
IJJL�I i`1 1� 2
)1,'- b�tL
firm
PICKERING July 9, 2012
Delegations
1. Rik Ganderton, President & CEO
Rouge Valley Health System
Re: Future of Healthcare
Cluj 0,p
July 9, 2012
PICKERIN
Correspondence Pages
1. Corr. 15-12 Motion for Direction
Sandra Kranc, City Clerk 27-31
City of Oshawa
50 Centre Street South
Oshawa, ON L1 H 3Z7
Letter received from Sandra Kranc, City Clerk, City of Oshawa, seeking Council
consideration of a resolution passed on June 11, 2012 regarding the Canadian
Auto Workers (CAW) Local 222 with respect to lobbying the provincial and
federal governments to ensure sufficient product allocation to the Oshawa Plant
by General Motors.
27
�y corr.
701111.1111 I\ Oshawa® Corporate Services Department
Prepare To Be Amazed City Clerk Services
ORIGINAL TO:
File: A-2114 COPY TO:
June 15, 2012
(CORR. BILE
`APR.ACTION
m�
■prr Or 1%rec. ior).
DELIVERED BY E-MAIL
The Right Honourable Stephen Harper The Honourable Dalton McGuinty
Office of the Prime Minister Premier of Ontario
80 Wellington Street Legislative Building
Ottawa, ON K1A 0A2 Queen's Park
Toronto ON M7A 1A1
Re: Canadian Auto Workers (CAW)
This is in response to a deputation before Oshawa City Council on June 11, 2012 from Canadian
Auto Workers (CAW) Local 222.
City Council considered the above-noted matter at a meeting held June 11, 2012 and adopted the
following resolution.
"Whereas the global economic downturn in 2009 has significantly reduced the number of
quality jobs available to workers in our community, through no fault of their own; and,
Whereas the provincial and federal governments in 2009 used taxpayer dollars to provide
significant financial support to General Motors GM in order to secure jobs, and these
governments remain substantial shareholders that can influence the product decisions of
General Motors; and,
Whereas the returned growth of vehicle sales has increased profitability of General Motors to
historic levels as a result of this government support and sacrifices made by the hard-
working members of Canadian Auto Workers CAW; and,
Whereas the announced decision by General Motors to close an entire manufacturing facility
in Oshawa will result in the loss of 2,000 good-paying jobs at GM, as well as the additional
supplier spin-off jobs that will be negatively affected, which will cause considerable,
immediate financial hardship to Oshawa and the surrounding community;
The Corporation of the City of Oshawa
City Clerk Services
50 Centre Street South,Oshawa,Ontario L1H 3Z7
TEL:905-436-5639,FAX:905-436-5697
Website: www.oshawa.ca
28 - 2 -
Therefore be it resolved that the City of Oshawa, in full co-operation with area municipalities,
create a plan to work together with the CAW, to include lobbying for the support of the
provincial and federal governments to ensure sufficient product is allocated to the Oshawa
plant by General Motors to maintain or increase current employment levels in our
communities; and further,
That this motion be distributed to all MPs and MPPs who represent ridings impacted by the
loss of historic automotive manufacturing jobs in Ontario."
By copy of this letter, I am advising the parties referred to in the above resolution of Oshawa City
Council's decision. Your consideration of this important issue is appreciated.
If you need further assistance, please contact me at the address listed below, or by telephone at 905-
436-3311, ext. 2230.
Sandra Kranc
City Clerk
/kb
Distribution List:
Chris Buckley, President CAW Local 222
Ron Svajlenko, 1st Vice President CAW Local 222 and Representative for the
Skilled Trades Workforce in General Motors
Clerk City of Pickering
Clerk Town of Ajax
Clerk Town of Whitby
Clerk Municipality of Clarington
Clerk Township of Scugog
Clerk Town of Uxbridge
Clerk Township of Brock
Ontario MPPs representing ridings impacted by the loss of historic automotive
manufacturing jobs in Ontario:
Joe Dickson, MPP Ajax- Pickering
Hon Ted McMeekin, MPP Ancaster- Dundas - Flamborough -Westdale
Rod Jackson, MPP Barrie
Jagmeet Singh, MPP Bramalea - Gore - Malton
Vic Dhillon, MPP Brampton West
Hon Linda Jeffrey, MPP Brampton - Springdale
Bill Walker, MPP Bruce - Grey - Owen Sound
Jane McKenna, MPP Burlington
Rob Leone, MPP Cambridge
Rick Nicholls, MPP Chatham - Kent- Essex
Michael Coteau, MPP Don Valley East
Hon Kathleen O. Wynne, MPP Don Valley West
- 2 - 9a
Sylvia Jones, MPP Dufferin - Caledon
John O'Toole, MPP Durham
Mike Colle, MPP Eglinton - Lawrence
Jeff Yurek, MPP Elgin - Middlesex - London
Taras Natyshak, MPP Essex
Liz Sandals, MPP Guelph
•
Toby Barrett, MPP Haldimand - Norfolk
Laurie Scott, MPP Haliburton - Kawartha Lakes - Brock
Ted Chudleigh, MPP Halton
Andrea Horwath, MPP Hamilton Centre
Paul Miller, MPP Hamilton East- Stoney Creek
Monique Taylor, MPP Hamilton Mountain
Lisa M. Thompson, MPP Huron - Bruce
Hon John Gerretsen, MPP Kingston and the Islands
Hon John Milloy, MPP Kitchener Centre
Michael Harris, MPP Kitchener- Conestoga
Monte McNaughton, MPP Lambton - Kent- Middlesex
Randy Hillier, MPP Lanark-Frontenac-Lennox and Addington
Steve Clark, MPP Leeds - Grenville
Hon Deborah Matthews, MPP London North Centre
Hon Christopher Bentley, MPP London West
Teresa J. Armstrong, MPP London - Fanshawe
Hon Michael Chan, MPP Markham - Unionville
Dipika Damerla, MPP Mississauga East- Cooksville
Hon Charles Sousa, MPP Mississauga South
Amrit Mangat, MPP Mississauga - Brampton South
Hon Harinder S. Takhar, MPP Mississauga - Erindale
Bob Delaney, MPP Mississauga - Streetsville
Lisa MacLeod, MPP Nepean - Carleton
Frank Klees, MPP Newmarket-Aurora
Kim Craitor, MPP Niagara Falls
Tim Hudak, MPP Niagara West- Glanbrook
Rob E. Milligan, MPP Northumberland - Quinte West
Kevin Daniel Flynn, MPP Oakville
Jerry J. Ouellette, MPP Oshawa
Ernie Hardeman, MPP Oxford
Jeff Leal, MPP Peterborough
Tracy MacCharles, MPP Pickering - Scarborough East
Todd Smith, MPP Prince Edward - Hastings
John Yakabuski, MPP Renfrew - Nipissing - Pembroke
Reza Moridi, MPP Richmond Hill
Robert Bailey, MPP Sarnia - Lambton
Hon Brad Duguid, MPP Scarborough Centre
Lorenzo Berardinetti, MPP Scarborough Southwest
Soo Wong, MPP Scarborough -Agincourt
Hon Margarett R. Best, MPP Scarborough - Guildwood
Bas Balkissoon, MPP Scarborough - Rouge River
Garfield Dunlop, MPP Simcoe North
Hon James J. Bradley, MPP St. Catharines
7, n - 2 -
Greg Sorbara, MPP Vaughan
Cindy Forster, MPP Welland
Ted Arnott, MPP Wellington - Halton Hills
Christine Elliott, MPP Whitby - Oshawa
David Zimmer, MPP Willowdale
Teresa Piruzza, MPP Windsor West
Hon Dwight Duncan, MPP Windsor- Tecumseh
Monte Kwinter, MPP York Centre
Laura Albanese, MPP York South -Weston
Julia Munro, MPP York - Simcoe
Ontario MPs representing ridings impacted by the loss of historic automotive
manufacturing jobs in Ontario:
Chris Alexander, MP Ajax - Pickering
David Sweet, MP Ancaster- Dundas - Flamborough -Westdale
Patrick Brown, MP Barrie
Hon. Bal Gosal, MP Bramalea - Gore - Malton
Kyle Seeback, MP Brampton West
Parm Gill, MP Brampton - Springdale
Larry Miller, MP Bruce - Grey - Owen Sound
Mike Wallace, MP Burlington
Hon. Gary Goodyear, MP Cambridge
Dave Van Kesteren, MP Chatham-Kent- Essex
Joe Daniel, MP Don Valley East
John Carmichael, MP Don Valley West
David Tilson, MP Dufferin - Caledon
Hon. Bev Oda , MP Durham
Hon. Joe Oliver, MP Eglinton - Lawrence
Joe Preston, MP Elgin - Middlesex - London
Jeff Watson, MP Essex
Frank Valeriote, MP Guelph
Hon. Diane Finley, MP Haldimand - Norfolk
Barry Devolin, MP Haliburton - Kawartha Lakes - Brock
Hon. Lisa Raitt, MP Halton
David Christopherson, MP Hamilton Centre
Wayne Marston, MP Hamilton East- Stoney Creek
Chris Charlton, MP Hamilton Mountain
Ben Lobb, MP Huron - Bruce
Ted Hsu, MP Kingston and the Islands
Stephen Woodworth, MP Kitchener Centre
Harold Albrecht, MP Kitchener- Conestoga
Peter Braid, MP Kitchener-Waterloo
Bev Shipley, MP Lambton - Kent- Middlesex
Scott Reid, MP Lanark- Frontenac- Lennox and Addington
Gordon Brown, MP Leeds - Grenville
Susan Truppe, MP London North Centre
Ed Holder, MP London West
Irene Mathyssen, MP London - Fanshawe
Hon. John McCallum, MP Markham - Unionville
- 2 - ;7 1
Wladyslaw Lizon, MP Mississauga East- Cooksville
Stella Ambler, MP Mississauga South
Eve Adams, MP Mississauga - Brampton South
Bob Dechert, MP Mississauga - Erindale
Brad Butt, MP Mississauga - Streetsville
Pierre Poilievre, MP Nepean - Carleton
Lois Brown, MP Newmarket-Aurora
Hon. Rob Nicholson, MP Niagara Falls
Dean Allison, MP Niagara West- Glanbrook
Rick Norlock, MP Northumberland - Quinte West
Paul Calandra, MP Oak Ridges - Markham
Terence Young, MP Oakville
Colin Carrie, MP Oshawa
Dave MacKenzie, MP Oxford
Dean Del Mastro, MP Peterborough
Corneliu Chisu, MP Pickering - Scarborough East
Daryl Kramp, MP Prince Edward - Hastings
Cheryl Gallant, MP Renfrew - Nipissing - Pembroke
Costas Menegakis, MP Richmond Hill
Patricia Davidson, MP Sarnia - Lambton
Roxanne James, MP Scarborough Centre
Dan Harris, MP Scarborough Southwest
Hon. Jim Karygiannis, MP Scarborough -Agincourt
Hon. John McKay, MP Scarborough - Guildwood
Rathika Sitsabaiesan, MP Scarborough - Rouge River
Bruce Stanton, MP Simcoe North
Rick Dykstra, MP St. Catharines
Hon. Julian Fantino, MP Vaughan
Malcolm Allen MP Welland
Hon. Michael Chong, MP Wellington - Halton Hills
Hon. Jim Flaherty, MP Whitby - Oshawa
Chungsen Leung, MP Willowdale
Brian Masse, MP Windsor West
Joe Comartin, MP Windsor-Tecumseh
Mark Adler, MP York Centre
Mike Sullivan, MP York South - Weston
Hon. Peter Van Loan, MP York - Simcoe
•
citqc1
PI KERING
July 9, 2012
COMMITTEE REPORTS
a) Joint Report JT 2012-07 of the Joint Planning & Development and Executive
Committee
Pages
Part "A" Planning & Development Reports
1. Director, Planning & Development, Report PD 14-12 10-63
Proposed Wireless Cell Tower Installation
•
Public Mobile
Lease of City Land (Centennial Park)
(2250 Brock Road), City of Pickering
Recommendation
1. That Report PD 14-12 of the Director, Planning & Development respecting
the installation of a cell tower at 2250 Brock Road (Centennial Park) be
received;
2. That the Mayor and the Clerk be authorized to execute a lease agreement
with Public Mobile substantially on the terms set out in Report PD 14-12, and
to the satisfaction of the Director, Corporate Services and Treasurer and the
City Solicitor;
3. That Public Mobile be advised that City Council has no objection to the
proposed 25 metre high monopole cell tower installation at 2250 Brock Road
(Centennial Park), based on the design and other details submitted with this
request; and
4. Further, that the appropriate officials of the City of Pickering be authorized to
give effect thereto.
Part "B" Executive Reports
1. Director, Community Services, Report CS 30-12 64-71
Tender No. T-13-2012
-Tender for Roof Replacement at East Shore Community Centre
Recommendation
3 3 1. That Report CS 30-12 of the Director, Community Services regarding the
Roof Replacement at East Shore Community Centre be received;
2. That Tender No. T-13-2012 submitted by Triumph Aluminum and Sheet
Metal Inc. in the amount of$154,737.68 (HST included) and a net cost of
$139,346.07 (net of HST rebate) be accepted;
3. That the total gross project cost of$171,688 (HST included), including the
tender amount and other associated costs, and the total net project cost of
$154,610 (net of HST rebate), be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to
finance the project by transferring $154,610 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.
2. Director, Community Services, Report CS 36-12 72-77
Proposed All-way Stop, Dersan Street and Tillings Road
Amendment to By-law 6604/05
Recommendation
1. That Report CS 36-12 of the Director, Community Services regarding the
installation of all-way stop control at Dersan Street and Tillings Road, and a
proposed amendment to the municipal traffic and parking by-law 6604/05 be
received;
2. That the attached draft by-law be enacted to amend Schedule "7" to By-law
6604/05 to provide for the regulation of stop signs on highways or parts of
highways under the jurisdiction of the Corporation of the City of Pickering,
specifically to address the proposed installation of all-way stop control at the
intersection of Dersan Street and Tillings Road.
3. Director, Community Services, Report CS 37-12 78-83
Proposed All-way Stop, Krosno Boulevard and Annland Street
Amendment to By-law 6604/05
Recommendation
1. That Report CS 37-12 of the Director, Community Services regarding the
installation of all-way stop control at Krosno Boulevard and Annland Street,
and a proposed amendment to the municipal traffic and parking by-law
6604/05 be received;
2. That the attached draft by-law be enacted to amend Schedule "7" to By-law
6604/05 to provide for the regulation of stop signs on highways or parts of
highways under the jurisdiction of the Corporation of the City of Pickering,
34
specifically to address the proposed installation of all-way stop controls at the
intersection of Krosno Boulevard and Annland Street.
4. Director, Corporate Services & Treasurer, Report CST 20-12 84-87
Section 357/358 of the Municipal Act—Adjustment to Taxes
Recommendation
1. That Report CST 20-12 of the Director, Corporate Services & Treasurer be
received;
2. That the write-offs of taxes as provided under Section 357/358 of the Municipal
Act, 2001 be approved; and
3. That the appropriate officials of the City of Pickering be authorized to take the
necessary action to give effect thereto.
Cali 3 5
.:.................
PSiiNI [ July 9, 2012
NEW AND UNFINISHED BUSINESS PAGES
1. Chief Administrative Officer, Report CAO 13-12 39-48
Supply and Delivery of One New Latest Model Year 55 Foot Aerial Quint
Fire Truck
Recommendation
1. That report CAO 13-12 of the CAO regarding the supply and delivery of one
new 55 Foot Aerial Quint Fire Truck be received;
2. That Quotation No. Q-33-2012 dated June 22, 2012, as submitted by Safetek
Emergency Vehicles for the supply and delivery of one new 55 Foot Aerial
Quint Fire Truck in the amount of$669,800 (HST extra) be accepted;
3. That the total gross purchase cost of $758,004 for the Fire Truck and a net
purchase cost of$682,606 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) the sum of$680,000 be financed by the issue of debentures through the
Regional Municipality of Durham for a period not exceeding ten years, at a
rate to be determined;
b) the balance of$2,606 plus issuing costs be funded from property taxes;
c) the sum of$157,394 for the future purchase of rescue tools and fire hoses
be financed through an internal loan under terms and conditions to be
determined by the Director, Corporate Services & Treasurer;
d) the financing and repayment charges in the amount of approximately
$98,000 be included in the annual Current Budget for the City of Pickering
commencing in 2013 and continuing thereafter until the loan is repaid;
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 the
necessary action to give effect hereto.
7, 6 d
2. Director, Community Services, Report CS 32-12 49-58
T-5-2012
Welrus Street— Road Reconstruction and Sewer Works
Recommendation
1. That Report CS 32-12 of the Director, Community Services regarding the
tender for Welrus Street— Road Reconstruction and Sewer Works be
received;
2. That Tender No.T-5-2012 submitted by JCR Contracting Limited in the
amount of $409,695.06 (HST included), and a net tender cost of -
$375,444.98 be accepted;
3. That the total gross project cost of$485,058 (HST included), including the
tender amount and other associated costs, and the total net project cost of
$445,750 (net of HST rebate) be approved;
4. That Council authorizes the Director, Corporate Services & Treasurer to fund
the project as follows:
a) that the sum of$266,903 be funded from the DC-City Share Reserve, as
approved in the 2011 External Subdivision Capital Budget;
b) that the sum of $88,968 be funded from the Development Charges -
Roads and Related Reserve Funds, as approved in the 2011 External
Subdivision Capital Budget;
c) that the sum of$89,879 be funded by a contribution from the property
owner; and
5. Further that the appropriate officials of the City of Pickering be authorized to
take the necessary actions to give effect thereto.
3. Director, Community Services Report CS 34-12 59-89
Municipal Streetlight Attachment Agreement
-Veridian Connections
Recommendation
1. That Report CS 34-12 of the Director, Community Services regarding a
Municipal Streetlight Agreement with Veridian Connections be received; and
2. That Council authorize the Mayor and Clerk to execute a Municipal
Streetlight Attachment Agreement with Veridian Connections, in a form that is
satisfactory to the Director, Community Services, the City Solicitor and the
Director, Corporate Services and Treasurer.
4. Director, Corporate Services & Treasurer, Report CST 21-12 90-101
Approval of Debt Financing and Internal Loans for Council Approved Capital
Projects to be Undertaken During the Summer Recess of Council
37
Recommendation
1. That Report CST 21-12 of the Director, Corporate Services & Treasurer
regarding:
a) approval of debt financing for the West Short Boulevard Road
Improvements - Oklahoma Drive to Sunrise Avenue, Liverpool Road
Reconstruction and Storm Sewer Work -Annland Street to Ilona Park
Drive, and Architectural Services for the new Operations Centre
projects to be undertaken during the summer recess of Council; and
b) approval of internal loans for the Ultraviolet Disinfection System and
Pipe Repairs-Dunbarton Pool, and Library-Radio Frequency
Identification System (RFID) projects to be undertaken and awarded
during the summer recess of Council be received.
2. That Council authorize the Director, Corporate Services & Treasurer to
finance the projects as follows:
a) the sum of$330,000 for the West Short Boulevard Road Improvements
- Oklahoma Drive to Sunrise Avenue as provided for in the 2011 Capital
Budget 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 sum of $950,000 for the Liverpool Road Reconstruction and Storm
Sewer Work - Annland Street to Ilona Park Drive 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 as provided
for in the 2011 Capital Budget;
c) the sum of$1,475,000 for the Architectural Services for the new
Operations Centre as provided for in the 2012 Capital Budget be
financed by the issuance of debentures by the Regional Municipality of
Durham or an internal loan for a period not to exceed 20 years or from
the proceeds of the sale of City owned land;
d) the sum of up to $125,000 for the Ultraviolet Disinfection System and
Pipe Repairs-Dunbarton Indoor Pool as provided for in the 2012 Capital
Budget be financed by an internal loan for a period of up to 5 years or
from other funds as are available at the discretion of the Director,
Corporate Services & Treasurer;
e) the sum of up to $250,000 for the Library-RFID as provided for in the
2012 Capital Budget be financed by an internal loan for a period of up to
5 years or from other funds as are available at the discretion of the
Director, Corporate Services & Treasurer;
C? f) the annual repayment charges in the amount of approximately $350,000
be included in the annual Current Budget for the City of Pickering
commencing in 2013, continuing thereafter until the loans are repaid, and
any financing costs be paid out of the Current Budget; and
g) the Director, Corporate Services & Treasurer be authorized to take any
actions necessary at his discretion in order to give effect to the foregoing
including the issuance of internal loans in lieu of debt for any or all of the
above projects;
3. That the Director, Corporate Services & Treasurer be authorized to provide
any additional funding required from sources available through the 2012
Budgets and in the Financial Control Policy;
4. That the draft by-laws attached to this report be enacted; and
5. That the appropriate City of Pickering Officials be authorized to take
necessary action to give effect hereto.
city o! - Report to
Council
PICKERING Report Number: CAO 13-12
Date: July 9;2012
39
From: Tony Prevedel
Chief Administrative Officer
Subject: Supply and Delivery of One New Latest Model Year 55 Foot Aerial Quint
Fire Truck
- . File: A-1440-001-12
Recommendation:
1. That report CAO 13-12 of the CAO regarding the supply and delivery of one new
55 Foot Aerial Quint Fire Truck be received;
2. That Quotation No. Q-33-2012 dated June 22, 2012, as submitted by Safetek
Emergency Vehicles for the supply and delivery of one new 55 Foot Aerial Quint
Fire Truck in the amount of$669,800 (HST extra) be accepted;
3. That the total gross purchase cost of $758,004 for the Fire Truck and a net
purchase cost of$682,606 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) the sum of$680,000 be financed by the issue of debentures through the
Regional Municipality of Durham for a period not exceeding ten years, at a
rate to be determined;
(b) the balance of $2,606 plus issuing costs be funded from property taxes;
(c) the sum of$157,394 for the future purchase of rescue tools and fire hoses
be financed through an internal loan under terms and conditions to be
determined by the Director, Corporate Services & Treasurer;
(d) the financing and repayment charges in the amount of approximately
$98,000 be included in the annual Current Budget for the City of Pickering
commencing in 2013 and continuing thereafter until the loan is repaid;
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 the
necessary action to give effect hereto.
sport CAO 13-12 July 9, 2012
Subject: Supply and Delivery of One 2013, 55 Foot Aerial Quint Fire Truck Page 2
Executive Summary: As approved in the 2012 Capital Budget this 2013 model
year, 55 Foot Aerial Quint Fire Truck (Truck) will replace the oldest piece of fire
apparatus in the City, a 1990 50' "Tele Squirt" Ladder Truck. Upon review of the
quotations received, the quotation that best met the City's requirements and
specifications is being recommended. Safetek Emergency Vehicles Ltd. was the
highest ranking proponent and the Truck is the lowest price.
Financial Implications:
. 1. Quotation Amount
No. Q-33-2012 $669,800.00
HST (13%) 87,074.00
Gross Quotation Amount $756,874.00
HST— Rebate (11.24%) (75,285.52)
Total net Quotation Amount $681.588.48
2. Approved Source of Funds
2012 Capital Budget— Fire Services
Item Project Code Source of Funds Available Required
55' Aerial Vehicle 5340.1201.6158 Debt — 10 year $840,000.00 $680,000.00
Property Taxes 0.00 2,606.00
Internal Loans — 0.00 157,394.00
10 year
Total Amount $840,000.00 $840,000.00
3. Estimated Project Costing summary
Quotation No. Q-33-2012 55 ft. Aerial Quint Fire Truck $669,800.00
License Fees and Associated Costs 1,000.00
Total Cost 670,800.00
HST (13%) 87,204.00
Gross Project Cost 758,004.00
HST Rebate (11.24%) (75,398.00)
Total Net Purchase Cost $682,606.00
Net Project Cost (over) under Approved Funds 0
Report CAO 13-12 July 9, 2012
Subject: Supply and Delivery of One 2013, 55 Foot Aerial Quint Fire Truck Page 3
At this time we are proceeding with the supply and delivery of the 55 Foot Aerial Quint
Fire Truck. This Truck will be required to be custom-fitted with the necessary rescue
tools and fire hose in order to ready the truck for service. The balance of the unspent
funds in the amount of $157,394 will be required for these purposes. Due the differing
life span between the Truck and its rescue tools and fire hose, it is best to undertake an
internal loan for the rescue tools and fire hose.
The Director, Corporate Services and Treasurer has updated the City's Annual
Repayment Limit and certified that this loan repayment thereof falls within the Limit, and
therefore, Ontario Municipal Board approval is not required. It is anticipated that the
internal loan for equipment will be for a term of 5 years.
Discussion: City of Pickering Fire Services currently utilizes a fleet of fire apparatus
to perform many fire suppression related duties throughout the City. One of our oldest
and most valuable pieces of fire apparatus has been our 1990 50' "Tele Squirt" ladder
truck. This 22 year old vehicle has been very effective over its years of service —
allowing us the functionality of a pumper but with the advantage of an•elevated master
water stream and mounted ladder.
The new Truck will incorporate the same useful attributes as the "Tele Squirt" but with
the added advantage of larger compartments to carry rescue tools. Quint is derived
from the Latin word "five" and refers to the functions of a pump, water tank, fire hose,
aerial device and ground ladders.
The engine powering this equipment meets the Environmental Protection Agencies T4
emission standard. This will significantly reduce the amount of harmful emissions
created by the operation of this vehicle as well as provide increased fuel economy. This
vehicle will also be equipped with the latest in passenger safety technology including roll
over stability control, supplemental inflatable restraints and data logging.
This fire apparatus will be utilized as a first response vehicle, as our new rescue
pumpers are, with the added benefit of a 55 Foot ladder and an elevated master water
stream available for each fire call.
The 2013 Safetek Smeal 55 Foot Aerial Quint fire apparatus will replace the City's
oldest piece of fire apparatus, a 1990 50' "Tele Squirt" which has experienced the
following serious mechanical issues over the last few years:
• engine is obsolete and extremely difficult to find parts;
• frame is significantly corroded and unrepairable.
Specifications for the replacement were compiled utilizing previous purchases and
. functional requirements by the Manager, Municipal Operations & Fleet Services, the
Deputy Fire Chief, Operations and a truck specification committee from Fire Services.
• Report CAO 13-12 July 9, 2012
Subject: Supply and Delivery of One 2013, 55 Foot Aerial Quint Fire Truck Page 4
Quotation No. Q-33-2012 was issued on May 30, 2012 and closed on June 26, 2012.
Four companies were invited to participate and the Request for Quotation was
advertised on the City's website. Two companies submitted a quotation for this vehicle.
Submissions were evaluated by an Evaluation Committee consisting of the Deputy Fire
Chief, Manager, Fleet Operations and Senior Purchasing Analyst on June 28, 2012 at
Fire Station No 5. A combined average score for each quotation was determined and
Safetek Emergency Vehicles Ltd. is the highest ranking proponent and the lowest cost.
As a result, Safetek Emergency Vehicles Ltd., (Smeal), is recommended based on the
specifications of the Request for Quotation. Fire Services, and the Manager, Municipal
Operations & Fleet Services recommends the acceptance of the quotation No. Q-33-
2012 submitted by Safetek Emergency Vehicles Ltd. (Smeal), in the amount of
$669,800 (HST extra) and that the total net purchase cost of $682,606 be approved.
Attachments:
1. Supply & Services Summary Memo dated June 28, 2012
2. By-law to Authorize the Supply and Delivery of One New 55 Foot Aerial Quint Fire
Truck in the City of Pickering and the Issuance of Debentures in the Amount of
$680,000
Prepared By:
William T. Douglas
Fire Chief
J�nHa
@ep hief, (48,(l . .tions
Gillis A. Paterson, CMA
Director, Corporate Services & Treasurer
Caryn Kong, CGA
Senior Financial Analyst-Capital
& Debt Management
Report CAO 13-12 July 9, 2012
Subject Supply and Delivery of One 2013, 55 Foot Aerial Quint Fire Truck Page 5 4 3
Vera A. Felg macher
C.P.P., CPPO, CPPB, C.P.M., CMM Ill
Manager, Supply & Services
Recommended for the consideration
of Pickering • Council
9",ti_ ,Qaloa
Tony Preve•el, '.Eng.
Chief Administrative Officer
•
ATTACHMENT#_I TO REPORT#1.14. l3-12`
X14
jag r4
4." S 141
Memo
To: Bill Douglas June 28, 2012
Fire Chief
From: Vera A. Felgemacher
Manager, Supply & Services
Copy: Senior Purchasing Analyst
Manager, Operations & Fleet Services
Subject: Quotation No. Q-33-2012
Quotation for the Supply & Delivery of One New Latest Model Year 55 Foot Aerial Quint
Fire Truck
Submission Date: Tuesday, June 26, 2012 - 12:00 pm (local time)
- File: F-5300-001
Further to the memo dated June 27, 2012, two (2) quotations proceeded to Stage II of the
evaluation process.
Stage II consists of a scoring on the basis of the Rated Criteria. Subject to the Terms of Reference
and Governing Law, the top-ranked respondent as established under the evaluation will be selected
to enter into a contract for the provision of the Deliverables.
An Evaluation Committee meeting was held Thursday, June 28, 2012 at 9:00 am and each member
of the Evaluation Committee has completed evaluating the two (2) quotations. A combined averages
score for each quotation was determined, completing Stage II of the evaluation process.
Safetek Emergency Vehicles Ltd. is the highest ranking respondent. The total purchase price is
$669,800.00, HST extra.
In accordance with Purchasing Policy Item 06.12, where the compliant quotation meeting
specification and offering best value to the City is acceptable or where the highest scoring quotation
is recommended and the total estimated price is over $125,000.00, the Manager, may approve the
award, subject to the approval of the Director, Treasurer, CAO and Council.
4 5
Please prepare a Report to Council to include the following items:
(a) any past work experience with Safetek Emergency Vehicles Inc.;
(b) if reference information is acceptable;
(c) the appropriate account number(s) to which this vehicle is to be charged;
(d) the budget amount(s) assigned thereto;
(e) Treasurer's confirmation of funding;
(f) related departmental approvals; and
(g) related comments specific to the project.
Please do not disclose pricing to enquiries. Calls can be redirected to Supply & Services.
Re pondents will be advised of the outcome in due course.
If y require further information or assistance, please contact me or a member of Supply &
Sery ces. .
J
, `
VAF
•
June 28, 2012
Request forQuotation No. Q-33-2012 Page 2
One New Latest Model Year 55 Foot Aerial
Quint Fire Truck
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ATTACHMENT# _TO REPORT#
The Corporation of the City of Pickering
By-law No.
Being a by-law to authorize the supply and
delivery of one new 55 Foot Aerial Quint Fire
Truck in the City of Pickering and the
issuance of debentures in the amount of
$680,000
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
new 55 Foot Aerial Quint Fire Truck; and,
Whereas before proceeding with the supply and delivery of one new 55 Foot Aerial
Quint, 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 CAO 13-12 on the date hereof and awarded
Quotation Q-33-2012 for the supply and delivery of one new 55 Foot Aerial Quint Fire
Truck.
48
By-law No.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That the City proceed with the project referred to as "The supply and delivery of
one new 55 Foot Aerial Quint Fire Truck";
2. That the estimated costs of the project in the amount of $682,606 be financed as
follows:
a) That the sum of $680,000 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) That the sum of $2,606 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 passed this 9th day of July, 2012.
David Ryan, Mayor
Debbie Shields, City Clerk
A 9
City ag Report to
Council
PICKERING Report Number: CS 32-12
Date: July 9, 2012
•
From: Everett Buntsma
Director, Community Services
Subject: 1-5-2012
- Welrus Street— Road Reconstruction and Sewer Works
- File: A-1440
Recommendation:
1. That Report CS 32-12 of the Director, Community Services regarding the tender
for Welrus Street— Road Reconstruction and Sewer Works be received;
2. That Tender No.T-5-2012 submitted by JCR Contracting Limited in the amount of
$409,695.06 (HST included), and a net tender cost of$375,444.98 be accepted;
3. That the total gross project cost of$485,058 (HST included), including the tender
amount and other associated costs, and the total.net project cost of$445,750 (net
of HST rebate) be approved;
4. That Council authorizes the Director, Corporate Services & Treasurer to fund the
project as follows:
a) that the sum of$266,903 be funded from the DC-City Share Reserve, as
approved in the 2011 External Subdivision Capital Budget;
b) that the sum of$88,968 be funded from the Development Charges — Roads
and Related Reserve Funds, as approved in the 2011 External Subdivision
'Capital Budget;
c) that the sum of$89,879 be funded by a contribution from the property owner;
and
5. Further that the appropriate officials of the City of Pickering be authorized to take
the necessary actions to give effect thereto.
•
:liport CS 32-12 July 9, 2012
Subject: T-5-2012
Welrus Street— Road Reconstruction and Sewer Works Page 2
Executive Summary: As part of the 2011 Development Capital Budget, Road
Reconstruction and Sewer Works for Welrus Street were approved as construction
projects. Tender No.T-5-2012 was issued on Wednesday, May 17, 2012. The low bid
of$409,695.06 (HST included), submitted by JCR Contracting Limited is recommended
for approval.. The total gross project cost is estimated at $485,058 (HST included), with
an estimated total net project cost of$445,750 (net of HST rebate).
Financial Implications:
1. Total Tender Amount
City's Property Total Tender
Owner's Amount
Tender Amount $304,716.00 $76,976.00 $381,692.00
Tender items removed from the 0 (19,130.00) (19,130.00)
contract
HST (13%) 39,613.08 7,519.98 47,133.06
Gross Estimated Amount 344,329.08 65,365.98 409,695.06
HST Rebate (11.24%) (34,250.08) 0 (34,250.08)
Net Cost $310,079.00 $65,365.98 $375,444.98
2. Approved Source of Funds
Development Control Capital Budget 5321.1103.6251
Location Project Code Source of Funds Budget Required
Welrus Street 5321.1103.7022 DC-City's Share $328,125 $266,903
Reserve
5321.1103.7610 Development Charges 109,375 88,968
Reserve Fund
5321.1103.9990 Other Revenue 0 89,879
Property Owner $437,500 $445,750
CORP0227-07/01 revised
Report CS 32-12 July 9, 2012
Subject: T-5-2012 D 1
Welrus Street- Road Reconstruction and Sewer Works Page 3
3. City's Portion Estimated Project Costing Summary
Tender No. T-5-2012 -Tender for Welrus Street $304,716
Road Reconstruction and Sewer Works
Associated Costs
Materials Testing 5,000
Pre-engineering and miscellaneous Costs 10,000
Construction Contingency 30,000
Sub Total -Costs 349,716
HST (13%) 45,463
Total Gross Project Costs 395,179
HST Rebate (11.24%) (39,308)
Total Net Project Costs $355,871
4. Development's Portion Estimated Project Costing Summary
Tender No. 1-5-2012 -Tender for Welrus Street $57,846
Road Reconstruction and Sewer Works
Associated Costs
Engineering Costs (10%) 5,785
Construction Contingency (25%) 15,908
Sub Total -Costs 79,539
HST (13%) 10,340
Development Total Gross Project Costs $89,879
5. Total Cost: City's Share and Development's Portion (Property Owner)
City's Property Total Cost
Owner's
Tender Amount $304,716 $57,846 $362,562
Tender & Miscellaneous Cost 10,000 5,785 15,785
Material Testing 5,000 0 5,000
Construction Contingency 30,000 15,908 45,908
Total 349,716 79,539 429,255
HST (13%) 45,463 10,340 55,803
Gross Project Cost 395,179 89,879 485,058
HST Rebate (11.24%) (39,308) 0 (39,308)
Net Project Cost $355,871 $89,879 $445,750
Net Project Costs (over) under Approved Funds - City's Share $81,629
CORP0227-07/01 revised
• deport CS 32-12 July 9, 2012
Subject: T-5-2012
Welrus Street— Road Reconstruction and Sewer Works Page 4
The approved funding allocation for this project is DC City Share's Reserve 75% and
Development Charges — Roads and Related Reserve Fund 25%. The same % funding
allocation has been applied to the estimated cost of the City's share of the project.
The portion of the work related to the Regional underground sewer services undertaken
on behalf of the property owner will be funded 100% by the property owner.
Note that the City, as a municipality, is entitled to an HST rebate of 11.24%, however,
the portion of work undertaken by the City on behalf of the property owner is not entitled
to any HST rebate. Thus, the full HST of 13% is being reflected in the estimated cost
for the property owner.
Discussion: As part of the 2011 Development Capital Budget, Welrus Street — Road
Reconstruction and Sewer Works was approved as a project. The property owner, Mr.
Crook and his agent Gary Welwood met with the City prior to purchasing the property at
1771 Sprucehill Road, to review the possibility of future severances onto Welrus Street.
They were advised that a sanitary sewer was not available and would need to be
extended on Welrus Street from Fairport Road to allow any severances. The City also
advised them that the reconstruction of Welrus Street was identified in the City's 5 year
capital forecast for reconstruction, and that the City could include the sanitary sewer
and connections as part of the works, providing the City did not have to pay for them.
Mr. Crook purchased the property with the intention of applying for severances after the
City has reconstructed the road and the sanitary sewer was installed.
Welrus Street was approved for reconstruction and given a priority schedule due to
adjacent developments. Mr. Crook was contacted, along with the owner of 1778
Fairport Road who has similar severance potential. They were advised that the Welrus
St. reconstruction project was going to proceed in 2012 and that with their concurrence,
the City would tender it with the sanitary sewer and connections included.
Following the tendering process, Mr. Crook was advised of the cost to install the
sanitary sewer and connections and that he would need to provide the required funding
prior to the City proceeding with the works. Mr. Crook also has to enter an agreement
with the Region of Durham, as they will be the future operating authority for the sanitary
sewer.
The owner of 1778 Fairport Road has not responded to our attempts to contact him and
so connections for that property have been excluded from the works. The tendering cost
for this component is $21,616.90 (HST included), namely specification Item 2.03.01,
Item 3.05.06 and Item 3.05.11 and is being removed from the total tendered amount of
$431,311.96 (HST included) . The revised total tendered amount is $409,695.06.
Tender T-5-2012 was issued on Thursday, May 17, 2012 and closed Wednesday, June
6, 2012. The low bid submitted by JCR Contracting Limited is recommended for
approval. The total gross project cost is estimated at $485,058 (HST included), with an
CORP0227-07/01 revised
Report CS 32-12 July 9, 2012
Subject: 1-5-2012
Welrus Street— Road Reconstruction and Sewer Works Page 5
estimated total net project cost of$445,750 (net of HST rebate). JCR Contracting
Limited references have been checked and are deemed acceptable by the Supervisor,
Engineering & Capital Works. The Health & Safety Policy, proof of Confined Space
Entry Procedure and a list of employees trained, a current WSIB Workplace Injury
Summary Report and Certificate of Clearance issued by Workplace Safety &Insurance
Board, as submitted by JCR Contracting Limited have been reviewed by the
Coordinator, Health & Safety and deemed acceptable. 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 with the City
of Pickering 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
acceptance of the low bid submitted by JCR Contracting Limited for Tender No. T-5-
2012 in the amount of$409,695.06 (HST included), and that the total net project cost of
$445,750 be approved.
Attachments:
1. Supply & Services Memorandum dated June 7, 2012
2. Location Maps
Prepared By: Approved//E I_`do oh
gar
D C>a,-1.011(
eisky, C.E.T., CMM III Everett Buntsma,'PD, CMM •
Supervisor, Engineering & Ca. al Works Director, Community Services
Robert ttarr Gillis Paterson, CMA
Manage , Development Control Director, Corporate Services & Treasurer
■
,
Vera A. Fel. acher hard W. Holborn,7". Eng.
CSCMP, CPPO, CPPB, C.P.M., CMM III Division Head, Engineering -rvices
Manager, Supply & Services
CORP0227-07/01 revised
Report CS 32-12 July 9, 2012
Subject: T-5-2012
5 4 Welrus Street— Road Reconstruction and Sewer Works Page 6
Caryn Kong, CGA
Senior Financial Analyst
Capital & Debt Management
DS:ds
Recommended for the consideration
of Pickering City Council
�/
28,Zo/2-
Tony Prevedel, P.Eng.
diumz
Chief Administrative Officer
CORP0227-07/01 revised
ATTACHMENT# T O REPORT# 5
Cliq 00 A / of
-y��
PICKERING Memo
To: Richard Holborn June 7, 2012
Division Head, Engineering Services
•
From: Vera A. Felgemacher
Manager, Supply & Services
Copy: Supervisor, Engineering & Capital Works
Subject: Tender No. T-5-2012
Tender for Welrus Street– Road Construction and Sewer Works
- 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. 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
HST Included
Bidder Total Tendered Amount After Calculation Check
JCR Contracting Ltd. $431,414.79 $431,311.96
Wyndale Paving Co. Ltd. $440,460.44 $440,460.44
Royalcrest Paving $472,760.93 $472,670.53
Hard-Co Construction Ltd. $494,558.06 $494,558.06
Mar-King Construction Co. Ltd. $517,318.84 $517,318.84
Coco Paving Inc. $535,286.09 $535,286.09
Esposito Bros. Construction Ltd. $547,899.24 $547,904.89
ATTACHMENT# / . TOR PORT# CS 3a-1z,
5 6
Barra Con Construction $552,162.64 $552,162.64
Aloia Bros. Concrete Contractors Ltd. $597,608.54 $597,609.54
Calder Hill Contracting Ltd. $598,677.16 $598,677.16
Bar-Quip Construction Ltd. $820,828.33 $820,828.33
Midome Construction Services Ltd. $848,644.13 $848,644.13
Automatic rejection — Tendering (bid) deposit of
insufficient amount. Reference: Purchasing Policy
Lancorp Construction Co. Ltd. No. PUR 010, Procedure No. 23.02,. Item 10(e), IB
Item 11, 25, 26, and 27; TS Item 3.
Automatic rejection — Tendering (bid) deposit of
NEI Construction Corp insufficient amount. Reference: Purchasing Policy
No. PUR 010, Procedure No. 23.02, Item 10(e), IB
Item 11, 25, 26, and 27; TS Item 3.
Pursuant to Information to Bidders Item 28, 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
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 35; and
(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) if item (h) —Waste Management Plan to be used on this project is acceptable to you;
(d) any past work experience with the low bidder JCR Contracting Ltd. including work
location;
June 7, 2012
Tender No. T-5-2012 Page 2
Tender for Walrus Street- Road Construction
and Sewer Works
-
ATTACHMENT#/ TOREPORT# eS 32-12.,
of
(e) without past work experience, if reference information is acceptable; 7
(f) the appropriate account number(s) to which this work is to be charged;
(g) the budget amount(s) assigned thereto;
(h) - Treasurer's confirmation of funding;
(i) related departmental approvals; and
(j) 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 ou require further information, please feel free to contact me or a member of Supply &
S
c \c.
rvices.
VAF/jg
Attachments
June 7, 2012 •
Tender No. T-5-2012 Page 3
Tender for Walrus Street— Road Construction
and Sewer Works
ATTACHMENT#Z TOREPORT# £2,-121
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Welrus Street Reconstruction and Storm Sewer Installation
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Location Map —Welrus Street
Proposed Construction Includes:
City of Pickering Portion
Complete Urbanization of Welrus Street which includes;
• Installation of a storm sewer system for road, residential lot and boulevard
drainage
• Installation of a new and wider road, complete with concrete curb and gutter,
new granular base, and base asphalt
• Installation of concrete sidewalk (north side)
Privately Funded Portion
Proposed Sanitary Sewer System and Water Service Connections
• Installation of a sanitary sewer system, for future lot development
• Installation of sanitary services, for future lot development
• Installation of water services, for future lot development
Complete boulevard restoration to all areas affected by construction (fine grading and sodding
where required)
city 00 Report to
w --
Council
PICKERIN Report Number: CS 34-12
' Date: July 9, 2012 r, a
w..
From: Everett Buntsma
Director, Community Services
Subject: Municipal Streetlight Attachment Agreement
- Veridian Connections
- File: A-1440
Recommendation:
1. That Report CS 34-12 of the Director, Community Services regarding a Municipal
Streetlight Agreement with Veridian Connections be received; and
2. That Council authorize the Mayor and Clerk to execute a Municipal Streetlight
Attachment Agreement with Veridian Connections, in a form that is satisfactory to
the Director, Community Services, the City Solicitor and the Director, Corporate
Services and Treasurer;
Executive Summary: Historically, the streetlight maintenance and new installations
were undertaken by Pickering Hydro, and then Veridian Connections on behalf of the
City. In 2000, the de-regulation of the electrical industry took place, but Veridian
Connections continued the practice. In 2009, Veridian stopped being the City's service
provider because it was determined they could no longer provide streetlight
maintenance services to the local municipalities. Veridian can only provide energy to
the local municipalities. As a result of these changes, it is now a requirement of
Veridian for the local municipalities to enter into an agreement with Veridian in order to
regulate our streetlights on their hydro poles.
Financial Implications: There is no direct cost to the City for entering into this
agreement. Veridian does not charge a fee for attachments to the local municipality.
Discussion: In the past, the streetlight maintenance and new capital
installations were undertaken by Veridian Connections on behalf of the City. In 2000,
the de-regulation of the electrical industry took place, but Veridian Connections
continued this practice. Ontario Regulation 22/04 made under the Electricity Act 1998,
identified the roles and responsibilities of the owner of the pole and the attacher, in this
case the local municipality. Under the Energy Act, Veridian Connections can only
provide energy and no longer undertake service work performed by electrical
contractors. The City started contracting the streetlight installation and maintenance
Report CS 34-12 July 9,2012
Subject: Municipal Streetlight Attachment Agreement Page 2
'zv
over a decade ago when Pickering Hydro became Veridian Connections. Langley
Utilities Contracting is currently the City's service provider.
The City is required to hire an electrical consultant to undertake the detail design and
construction drawings, which have to be stamped by an electrical engineer. The City is
now required to apply for a permit to Veridian, to which there is no cost to the City. In
order for the City to install new streetlights or maintain existing streetlights to Veridian
Connections poles, we are required to enter into a Municipal Streetlight Attachment
Agreement.
Third party attachment agreements are already in place with Veridian Connections and
other utility providers such as Bell, Rogers Telus, Allstream etc. Veridian is currently in
the process of getting their municipal partners to enter into Municipal Streetlight
Attachment Agreements within the next year. Those being the Township of Brock,
Town of Ajax, City of Pickering, Municipality of Clarington, Township of Uxbridge,
Township of Scugog, City of Bellville, Town of Gravenhurst and Township of Port Hope
Attachments:
1. Copy of the Municipal Street Light Attachment Agreement
,repared By: Approved/Endo - °
..-400r- Apir
C1A.-f/ ��
Darrell Selsky, CET., M III Everett Buntsma, NPD, CMM,
S cDirrvisor, Engineering & Capital Works
ector, Community Services
/ , - 4/6411
.4 '`° Richard W. Holborn, P. Eng. ir
Division Head, Engineering Services
DS:ds
Recommended for the consideration
of Pickering y Co c'
/ i/ / 094.1442. 2.8,24q2.
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
ATTACHMENT## / ,_ TO REPORT# � 3412,
/ of_2)3_ 61
MUNICIPAL STREET LIGHT ATTACHMENT AGREEMENT
Veridian Connections Inc.
and
DATE OF ISSUE:
ATTACH MENT# __ TOREPORT# CS 3r--)21
i1! + 6 ? ___ of
TABLE OF CONTENTS
ARTICLE PAGE
Article 1—Definitions 5
Article 2—Territory 7
Article 3—Authorization, Permission and Right-of-Way 7
Article 4—Taxes 8
Article 5—Performance Guarantee 8
Article 6—Compliance with Statutes 8
Article 7—Approval of Permits 9
Article 8—Grant 10
Article 9—Installation and Maintenance 11
Article 10—Line Clearing 14
Article 11—Fees 14
Article 12—Removal, Replacement or Relocation of Poles or Attachments 15
Article 13—Payment for Work 16
Article 14—Liability, Indemnity and Insurance 16
Article 15—Term and Termination of Agreement 18
Article 16—Termination of Approval 19
Article 17—Existing Rights of Other Parties 20
Article 18—Vested Rights 20
Article 19—Notices 21
Article 20—Assignment 21
Article 21—Dispute Resolution 22
Article 22—Schedules 23
Article 23—Interpretation 23
Article 24—Entire Agreement 23
Article 25—Headings 23
Article 26—Legislative References 23
Article 27—Waiver 23
Article 28—Environmental Obligations 24
Municipal Street Light Attachment Agreement-DS-Version 2-19Apr2012
ATTACHMENT#1_. TOREPORT# CS 3412'
3 o 21i' 63
TABLE OF CONTENTS(coned)
ARTICLE PAGE
Article 29—Force Majeure 24
Article 30—Reasonableness 24
Schedule A—Permit—Municipality 26
Schedule B—Interpretive Sketches 27
Schedule C—Minimum Permit Drawing Requirements 29
Municipal Street Light Attachment Agreement-DS-Version 2-19Apr2012
A TA CNMENT#...__._,_1_ i O RE PORT# C� 34"a-
4 of g--
AGREEMENT FOR LICENSED ATTACHMENT
THIS AGREEMENT made in duplicate on is effective (the "Effective Date") through and
until (the "End of Term Date").
BETWEEN
Veridian Connections Inc.
(hereinafter the "Owner")
OF THE FIRST PART
AND
(hereinafter the "Attacher")
OF THE SECOND PART
WHEREAS the Attacher wishes to affix and maintain its material, apparatus, equipment or facilities all
of which is to be used solely for the purposes of providing street lighting and traffic control for public
roadways to poles or equipment of the Owner;
AND WHEREAS all attachments by the Attacher to poles or other equipment owned by the Owner
require an approved permit;
AND WHEREAS the Owner consents to grant access to its poles and other equipment by the Attacher in
accordance with the terms and conditions hereof;
NOW THEREFORE, THIS AGREEMENT WITNESSES that, in consideration of the premises and the
agreements and other considerations herein contained, the sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 P o g e 14
ATTACHMENT# '_ TO REPORT# CS I2) l
of ; —
ARTICLE 1-DEFINITIONS
The terms defined in this Article for the purposes of this Agreement shall have the following meanings
unless the context expressly or by necessary implication otherwise requires.
1.1 "Affix", "Affixed" and "Affixing" means to fasten, by the Attacher or its contractors, the
material, apparatus, equipment or facilities of the Attacher to poles or other equipment of the
Owner or In-span.
1.2 "Approval" or "Approved" means the permission granted by the Owner to the Attacher for the
Attacher to Affix its Attachments, as specified in the Permit,to poles or other equipment of the
Owner or In-span.
1.3 "Attachment" means any material, apparatus, equipment or facility owned by the Attacher
which the Owner has Approved for Affixing to poles or other equipment of the Owner or In-
span, including, but without limiting the generality of the foregoing:
• Support Strand attached to a pole;
• Attacher low voltage aerial power cable, or control cable used by the Attacher solely for the
purpose of controlling its own street lighting system, directly attached to a pole, or not
directly attached to a pole but Over Lashed to a cable or Support Strand owned by the
Attacher;
• Street light bracket complete with street light;
• Street light automation or control apparatus;
• Low voltage disconnect switches and or related apparatus to separate and/or manage the
interconnection between the Owner's supply system and the Attacher's low voltage wiring.
Unless otherwise agreed by the parties, Attachment excludes wireless transmitters and power
line carriers.
1.4 "Cable Riser/Dip" means a low voltage power cable attached along a vertical portion of a pole
to allow the cable to change its position from/to an underground route to/from an overhead
route.
1.5 "Certificate" means a certificate issued by a professional engineer, ESA or a qualified person
identified in the distributor's construction verification program,that the construction meets the
safety standards set out in Section 4 of the Regulations.
1.6 "Certificate of Approval" means the certificate issued by a professional engineer or ESA
confirming that the plan or Standard Design meets the safety standards set out in Section 4 of
the Regulation and provided to the distributor.
1.7 "Construction Verification Program" means the standards and requirements for conducting
inspections and the qualifications of persons conducting inspections. Both the Owner and the
Attacher shall have a Construction Verification Program in place.
1.8 "Dispute Resolution" means the dispute escalation and referral mechanism, described in Article
21.
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1.9 "Emergency Situation" means a situation that poses an imminent danger or threat to public
safety or public welfare.
1.10 "Good Utility Practice" means any of the practices, methods and acts engaged in or approved
by a significant portion of the electric utility industry in North America during the relevant time
period, or any of the practices, methods and acts which in the exercise of reasonable judgment
in light of the facts known at the time the decision was made, could have been expected to
accomplish the desired result at a reasonable cost consistent with good business practices,
reliability, safety and expedition.
Good Utility Practice is not intended to be limited to the optimum practice, method or act to
the exclusion of all others, but rather to be acceptable practices, methods or acts generally
accepted in North America (DSC).
1.11 "Guy Pole" means a separate pole, used to carry the strain of dead-ending or line deflection to
ground.
1.12 "Joint Use Pole" means a pole that its Owner has granted the Attacher Approval to Affix its
Attachments.
1.13 "Joint Anchorage" means a common anchor system, including the anchor rod, to which two or
more guy wires are attached, each guy wire providing guying for one party's conductors and
related equipment on a Joint Use Pole. This will not be permitted on new installations and is
considered a legacy item.
1.14 "Make-ready Work" means any necessary and required work by the Owner and/or an existing
third party pole user solely to accommodate the Attachment and includes but is not limited to:
• initial line clearing,
• any changes or additions to or rearrangement of the Owner's poles or the Owner's
Attachments; and
Without restricting the generality of the foregoing, Make-ready Work does not include the
costs of repairing any pole in order to ensure that it meets the Standard prior to permitting the
Attacher to place its Attachments on the said Joint Use Pole.
1.15 "Minor Relocation" means the relocation of a Support Strand up to one (1) metre in a vertical
and/or horizontal direction and is usually associated with pole changes.
1.16 "Over Lash" means to place an additional cable onto an existing cable or Support Strand.
1.17 "Permit" means the formal written request for the adding, materially changing or removal of an
Attacher's Attachments to the Owner's pole(s). The Permit form is entitled "Request for
Licensed Occupancy of Poles", in the form of Schedule "A" attached hereto, the form of which
may be revised from time to time by the Owner.
1.18 "Power Space" means a vertical space at the top of the pole within which electrical power
attachments are made.
1.19 "Rearranging" or "Rearrangement" means the removal of Attachments from one position on a
pole and the placing of the same Attachments in another position on the same pole.
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 Page 16
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1.20 "Record of Inspection" means a record prepared by a professional engineer, ESA, or a qualified
person indentified in the distributors construction verification program, detailing the inspection
of a construction or repaired portion of an electrical distribution system with respect to safety
standards set out in Section 4 of the Regulation.
1.21 "Regulation 22-04" means Ontario Regulation 22-04 Electrical Distribution Safety made under
the Electricity Act 1998.
1.22 "Standard or Standards" means Canadian Standards Association Standard C22.3 No. 1-01
"Overhead Lines"; not a standard but an Act; Part II of Canadian Labour Code; the Ontario
Electrical Safety Code; Electrical & Utilities Safety Association Rules and Safe Practices; or any
other applicable regulation administered by the Electric Safety Authority; and the Owner's
Standards, together with any amendments thereto from time to time, it being understood that
changes to the Owner's Standards are to be made at the sole discretion of the Owner.
1.23 "Standard Designs" means the Standards such as Standard Design Drawings, Standard Design
Specifications, Technical Specifications, and Construction Standards that have been reviewed
and approved by a Professional Engineer or ESA for use by a Distributor and that the Distributor
uses on an ongoing basis for the construction, operation and maintenance of its Distribution
System.
1.24 "Street Light Cable Space" means a vertical space on the pole, usually 500mm in height, within
which Street Light Cable Attachments are made.
1.25 "Street Light Space" means a vertical space on the pole where the Street Light Bracket
Attachments are made.
1.26 "Support Strand" means a bare support strand whose main purpose is to support low voltage
wires or cables.
1.27 "Transferring" means the removal of Attachments from one pole and the placing of the same
Attachments on another pole.
ARTICLE 2-TERRITORY
2.1 This Agreement shall cover the Affixing and maintaining of the Attachments to the poles or
other equipment of the Owner within the area of Ontario where the respective service
territories of the Owner and the Attacher overlap.
ARTICLE 3-AUTHORIZATION, PERMISSION AND RIGHT-OF-WAY
3.1 The Attacher shall be responsible for obtaining any and all easements, rights of way,
authorizations or permissions from others, including authorization or permission to locate on
private property, municipal or provincial road allowances, or any other applicable authorization
or permission required for private property or from any municipal, provincial or federal
government or any agency, body or board thereof having jurisdiction with respect to the
Affixing and maintaining of the Attachments provided for in a Permit.
3.2 Where permitted to do so, the Owner may assign benefits of easements or rights of way to the
Attacher, on mutually agreeable terms.
Municipal Street light Attachment Agreement—DS—Version 2—19Apr2012 3 g e 7
6 ATTACHMENT if_ TOREPORT# es 3442)
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ARTICLE 4-TAXES
4.1 The Attacher shall pay, and indemnify and save harmless the Owner against, all taxes, rates,
assessments or fees of every nature and kind lawfully assessed, which are directly applicable to
or related to the Attachments designated in an Approved Permit or directly resulting from the
privileges granted to the Attacher by this Agreement.
4.2 The Attacher agrees to remit payment for its portion of such taxes, rates, assessments or fees
to the Owner, within thirty (30) days of request for same by the Owner. At the Attacher's
request and expense, the Owner shall remit any such taxes under protest. The Attacher shall
be free to negotiate with the taxing authority or institute legal proceedings against the taxing
authority to have such taxes cancelled or reduced. Any refund of the Attacher's remittance
received by the Owner in connection with such taxes shall be paid over to the Attacher with
such interest as the Owner will have received from the taxing authority in respect thereof.
ARTICLE 5- PERFORMANCE GUARANTEE
This Article is blank.
ARTICLE 6-COMPLIANCE WITH STATUTES
6.1 This Agreement is subject to all applicable laws, regulations and Standards.
6.2 The Attacher and its contractors shall comply with the requirements of all relevant statutes,
regulations, directions, guidelines, policies and governmental and regulatory agencies and with
the Standards, both at the time of Affixing and thereafter, including, but not limited to:
• the safety qualifications of the Attacher's employees, contractors or agents to carry out the
work,
• the use of safe working practices in carrying out the work,
• training in safety awareness,
• Good Utility Practice, and
• Good and workmanlike fashion.
The Owner reserves the right to have the Attacher's employees or contractors removed from
the jobsite for non-compliance with the above.
6.3 Any accident reportable by law to the Workplace Safety and Insurance Board or to the Ministry
of Labour or to Human Resources and Development Canada or any notice or fine received from
any of these authorities by the Attacher or the Attacher's contractor while working on the
Owner's poles or In-span must be reported to the Owner within five (5) working days of the
accident or notice or fine.
6.4 The higher requirements of the Canada Labour Code, R.S. 1985, C. L-2 and the Occupational
Health and Safety Act (Ontario), R.S.O. 1990, Chapter 0.1 govern safety regarding the Affixing,
Rearranging, Relocating, Transferring, maintenance or other work relating to Attachments. If
there is any uncertainty about which Standards are applicable, the Attacher shall ensure that
the Attacher or its contractor ceases all work immediately and contacts the Owner.
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 P a g e 18
ATTACHMENT# . TO REPORT# CS g-/Z CI
q of (5,q o '
ARTICLE 7-APPROVAL OF PERMITS
7.1 Prior to submitting a Permit to the Owner, and for the purpose of initiating discussions as to the
parties' requirements, the Attacher shall inform the Owner that the Attacher intends to seek
permission to Affix and maintain its Attachments to a pole or other equipment belonging to the
Owner or In-span. The Attacher shall provide to the Owner such preliminary information as
may be requested by the Owner.
7.2 At the Owner's sole discretion, the Owner may arrange for a joint field visit by both the Owner
and the Attacher to inspect the site of the proposed Affixing of Attachments by the Attacher.
The Attacher shall also be entitled to request from the Owner a joint visit, and the Owner shall
have the obligation to consider the request, acting reasonably.
7.3 Subsequent to the joint field visit, if any, the Owner shall form a preliminary, non-binding
opinion as to the feasibility and desirability of the proposed Affixing of the Attachments by the
Attacher, which opinion shall be communicated to the Attacher within a reasonable period of
time.
7.4 If the Owner forms a preliminary opinion in favour of the proposed Affixing of the Attachments,
the Owner will prepare a preliminary estimate of any costs of Make-ready Work and deliver
such estimate to the Attacher with the preliminary opinion.
7.5 After the estimate has been received and accepted by the Attacher, the Permit, in duplicate,
shall be prepared,signed and delivered by the Attacher to the Owner.
7.6 Each Permit shall be accompanied by:
• drawings, plans or designs in a format approved by the Owner (see Schedule C) and signed
and sealed by a Professional Engineer registered in Ontario to Indicate compliance with all
Standards including the Attacher's standard design drawings and standard specifications,
which shall have been prepared, signed, and sealed by a Professional Engineer; or drawings,
plans or designs, together with a Certificate of Approval of the drawings by the Electrical
Safety Authority;
• a purchase order authorizing the Owner to complete the Make-ready Work on the Owner's
facilities pertaining to the applicable Permit; and
• Other items that the Owner may reasonably require and shall have requested from the
Attacher pursuant to the terms of this Agreement.
7.7 If the Owner is satisfied that the Permit documentation is in accordance with this Article the
Owner will make best efforts to process the Permit within thirty (30) days from receipt of
completed Permit documentation and shall, if deemed necessary to further process the Permit,
commence Make-ready Work where a signed purchase order has been received. If, while
carrying out the Make-ready Work, the Owner determines that the proposed Attachments are
no longer feasible because of previously unknown conditions or constraints or because of the
intervention of a third party with jurisdiction,such as a government authority or landowner,the
Make-ready Work will be suspended and the Attacher notified of the suspension. If the cause
of such suspension cannot be resolved to the satisfaction of the Owner, the Attacher will be
invoiced pursuant to Article 8 for all charges to the time of suspension. If the Permit is
Approved, the Owner will sign both copies of the Permit and return a copy to the Attacher's
representative,thus Approving the proposed Affixing of the Attachments by the Attacher.
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7.8 Each Approved Permit shall be deemed to have been issued pursuant to this Agreement, and
shall be read and construed in accordance with this Agreement. Subject to Article 9.8, Permits
approved prior to the Effective Date shall be deemed to have been approved in accordance
with the then current Standards.
7.9 The Attacher shall retain its copy of the Approved Permit as part of the Attacher's project file
and may be required to produce the Approved Permit at any time when requested by the
Owner.
7.10 Permits for additional attachments to an existing pole must be submitted and approved using
the same procedure set out in this Agreement for obtaining approval to Affix new Attachments.
7.11 When exercising its discretion as to whether to grant Approval to a Permit, the Owner shall
exercise its discretion reasonably where the Attacher has complied with all terms of this
Agreement.
7.12 When exercising the foregoing discretion, the Owner will consider its requirements with
respect to, but not limited to,the following:
• safety;
• operation of the Owner's electricity distribution network;
• future planning;
• aesthetics;
• road authority and property owner requirements; and
• any other matters which the Owner, acting reasonably, may deem relevant and
communicate to the Attacher by notice in writing in accordance with Article 19.
7.13 It is expressly understood and agreed that Permit Approval, or use under a Permit, will be
denied if, in the sole discretion of the Owner, the Attachments, or use derived there from could
be:
• damaging to the Owner's existing plant and/or electrical distribution services, or
• unreasonably constraining on the Owner's use of plant, or
• damaging to existing plant and/or service of a third party on the Owner's poles, or
• non-compliant with the obligations of the Owner.
Any such denial shall be communicated to the Attacher by notice in writing in accordance with
Article 19.
7.14 If a proposed installation which has been approved by Permit is cancelled by the Attacher, the
Attacher shall reimburse the Owner for the cost of any Make-ready Work completed on the
Attacher's behalf upon receiving the invoice for same, and Article 13 shall apply.
ARTICLE 8-GRANT
8.1 For each Permit Approved pursuant to Article 7, the Owner hereby grants to the Attacher the
permission to Affix and maintain its Attachments to such poles or other equipment of the
Owner as may be designated on each Approved Permit in accordance with the terms of this
Agreement and any terms specified in said Permit.
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8.2 The permission to Affix and maintain Attachments as described in an Approved Permit shall be
deemed to be effective as of the date of the Approval of such Permit by the Owner. The
Attacher must exercise this permission within one hundred and eighty (180) days of the date of
Approval of the Permit or one hundred and eighty (180) days of the date of the completion of
the Make-ready Work or within some other time period as mutually agreed to by the parties,
whichever is later, failing which the Approval is of no force and effect and the Attacher may be
required to submit a new Permit requesting permission to Affix its Attachments.
8.3 If the Owner determines that the Attachments Affixed pursuant to the Permit could be:
• damaging to the Owner's existing plant and/or electrical distribution services, or
• unreasonably constraining on the Owner's use of plant, or
• damaging to existing plant and/or service of a third party on the Owner's poles, or
• non-compliant with the obligations of the Owner,
the Attacher agrees that any Approval to Affix and maintain its Attachments previously granted
by the Owner in any Permit may be revoked whether before or after the Affixing of
Attachments, at the sole discretion of the Owner, if the Attacher has not carried out such work
as required to rectify the situation to the satisfaction of the Owner within thirty (30) days of
notice by the Owner.
Any such revocation as it relates to existing Attachments shall be communicated to the
Attacher in accordance with Articles 16 and 19, and the Attacher shall pay the cost of removal
of the Attachments in accordance with Article 13.
8.4 To the extent that other agreements do not prejudice the Attacher's rights, granted hereunder,
the Attacher agrees that this Agreement does not restrict the Owner in entering into
agreements with other parties respecting the use of the Owner's poles.
8.5 At all times:
• the Attachments shall remain the property of the Attacher;and
• the pole shall remain the property of the Owner, subject to Articles 16.2 and 16.3.
ARTICLE 9-INSTALLATION AND MAINTENANCE
9.1 The Attacher agrees that it will not Affix any of its Attachments to a pole of the Owner until the
Owner approves the Permit designating such Attachment. The Attacher agrees that it is solely
responsible for Affixing and maintaining its Attachments to the poles or other equipment of the
Owner or In-span.
9.2 If the Attacher needs to carry out any work within safe electrical limits of approach, as specified
by applicable regulation and legislation, in conformance with Article 6, the Attacher must use a
qualified contractor. The Attacher covenants and agrees with the Owner to Affix and maintain
its Attachments in a safe and serviceable manner satisfactory to the Owner, acting reasonably,
and in accordance with the Standards and Good Utility Practice, and in such a way as not to:
• interfere with the lines, works or equipment of the Owner, or
• interfere with the electrical supply carried by the Owner's equipment, or
• be damaging to existing plant or service of a third party, or
• presents no undue hazard to people or property.
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9.3 Without limiting the generality of the foregoing, the Attacher is responsible for the installation
of all guys, anchors and other equipment required for, or related to, the Affixing and
maintaining of Attachments in accordance with the Standards.
9.4 The Owner and Attacher recognize that, from time to time, existing Standards may be amended
or new Standards may be enacted and that these amendments or enactments may affect both
of the parties to this Agreement. The Owner specifically reserves the right to require the
Attacher's compliance with the new Standards or amended Standards. Any new Standards or
changes to the Standards shall be applied in a reasonable manner, e.g. safety related concerns
may have to be resolved by changes to existing plant,whereas other changes may apply only to
new installations. Where either party feels it has been substantially prejudiced by any such
amendment or enactment, it will advise the other party. The parties agree to engage in
discussions with a view to addressing the alleged prejudice and may engage the Dispute
Resolution process where necessary. During these discussions or Dispute Resolution, the
Agreement and/or Approved Permits will continue in full force and effect.
9.5 The Attacher agrees that, upon the Attachments being made in accordance with the provisions
of this Agreement, it will not make any alterations to its Attachments, (Emergency Situations
excluded), which alterations include but are not limited to bracket length or cable size or street
light size or wattage,so as to effect technical considerations or safety, unless:
• such alteration is Approved by the Owner using the same procedure as for a new
Attachment, if required, as described in this Agreement; and
• such alteration is carried out in accordance with the Standards and in such a way as not to
interfere with the lines, works or equipment of the Owner or of other permitted users of
the pole.
9.6 The Owner may, at its discretion, require that an employee of the Owner be present when the
Attacher is Affixing, Rearranging, or removing its Attachments so as to ensure that the work is
carried out in accordance with the terms of this Agreement. The Attacher agrees to provide
two (2) working days notice prior to the start of any such work and agrees to pay to the Owner
the costs of such employee that may be reasonably necessary for the carrying out of the
provisions of this clause in accordance with Article 13.
9.7 The Attacher shall have its installations inspected, and be approved by the Electrical Safety
Authority prior to being connected and energized by the Owner.
9.8 The Attacher shall also ensure that its installations are inspected and approved in accordance
with Regulation 22-04, Section 8, and the Distribution System Code-Appendix C and that the
requirements of both the Attacher's and the Owner's Construction Verification Program are
met. The Attacher is to provide the Owner with the latest version of its Construction
Verification Program for Approval. The Owner will review and approve the Attacher's CVP as
well as accept the Attacher's qualified staff who will be able to prepare a Record of Inspection
and a Certificate. The Attacher will then be named in the Owner's Construction Verification
Program.
9.9 The Attacher is to inspect and provide a Record of Inspection, and Certificate as per the
Owner's CVP.
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9.10 In order to ensure the accuracy and completeness of existing Approved Permits, a field
inspection shall be made jointly at intervals mutually agreed upon, but generally, once every
five (5) years. Any discrepancies between the field conditions found and the Approved Permits
will be corrected and a new Permit to reflect the actual field conditions will be submitted by the
Attacher for Approval in accordance with this Agreement. If the new Permit is not Approved,
the Attacher will be notified in writing of the reason why Approval was denied and,within thirty
(30) days, the Attacher must either remedy the deficiency and reapply for a new Permit or
remove the Attachments, and the provisions of Articles 11 through 13 shall apply. Every effort
will be made to include all pole users in the field inspection. Costs shall be equitability shared
between participating parties.
9.11 The Attacher will notify the owner when the size of each fixture is changed. It is the Attacher's
responsibility to ensure that all work is completed in compliance with the Electrical Safety
Authority.
9.12 Except where approved by the Owner, Joint Anchorage will not be permitted on all new or
reconstructed pole lines. Each party shall be responsible to install and maintain its own
separate anchoring system, as may be required.
9.13 On any existing pole line which has Joint Anchorage, each party will be responsible to satisfy
themselves that the existing anchorage is adequate to sustain its plant.
9.14 The Attacher shall, at all times and in accordance with the terms and conditions of this
Agreement, maintain and operate its Attachments in a safe and serviceable condition, and
replace Attachments as they deteriorate, become defective or unsafe. A public safety audit
should be carried out by the Attacher on a bi-yearly schedule.
9.15 The Attacher will take immediate action to replace photo control units that are in the stuck on
position. These units are used to calculate the energy used by each fixture and it is important
that defective units be replaced within two (2) business days of the Owner reporting them to
the Municipality.
9.16 The Attacher agrees that the Owner may change the nature or configuration of its equipment
or change the characteristics, such as voltage, frequency or power levels of the electrical supply
carried by its equipment at any time.
9.17 As stated in the Distribution System Code issued by the OEB, only persons qualified under the
Occupational Health and Safety Act may be involved in inspection activities.
9.18 From time to time, the Owner or Attacher may have safety hazards and significant conditions
with its plant, requiring prompt response. Each party will make best efforts to inform the other
of safety hazards.
9.19 Subject to Article 14, the Attacher agrees that the Owner is not responsible for any damage,
harm or problems of any kind caused to the Attachments or supply carried by the Attachments
which may arise from the Owner's equipment or the electrical supply carried by its equipment,
except for such damages, harm or losses caused by gross negligence or wilful misconduct of the
Owner.
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10-LINE CLEARING
10.1 The Owner and the Attacher agree that vegetation management is required for the ongoing
reliable provision of electricity and may be required for street lighting. The trimming or
removing of trees, underbrush or any other items as required establishing clearance for the
Attacher's Attachments shall be the sole responsibility of the Attacher. The Attacher, or its
contractor as approved by the Owner, shall undertake the trimming or removing of trees,
underbrush or any other items as required by the Attacher for the Attacher's purposes in the
Municipal Street Light Space, having regard for all safety, technical and engineering concerns of
the Owner and Attacher.
10.2 Should any extraordinary services, such as but not limited to, tree trimming or line clearing
services after storms, be required in order to establish clearances for the Attacher's
Attachments for operations, maintenance and safety, the cost of such services shall be the sole
responsibility of the Attacher. In the event that such extraordinary services are required, in the
sole but reasonable discretion of the Owner,the cost of such extraordinary services undertaken
by the Owner shall be charged to the Attacher in accordance with the provisions of Article 13.
ARTICLE 11-FEES
11.1 The Attacher is solely responsible for all of the costs associated with Affixing and maintaining
the Attachments to the poles of the Owner or In-span. The Owner's cost during regular
workday business hours of correspondence, site meetings, preparing cost estimates, joint field
visits, reviewing and Approving the Permit, and verifying completed work will be the
responsibility of the Attacher. Without limiting the generality of the foregoing, the Attacher
shall be responsible for the cost of:
• effecting changes, alterations or rearrangements, other than Minor Relocations, to the
Owner's poles;
• Affixing the Attachments;
• cleaning up the site around each pole where the Attacher has Affixed Attachments and
thereafter ensuring safe disposal of all materials;
• conducting a field inventory or audit program in accordance with the cost sharing
arrangements as mutually agreed between the parties;
• any other reasonable expenses associated with the Attacher's obligations under this
Agreement.
11.2 All invoices rendered by the Owner pursuant to this Article that are outstanding for longer than
forty-five (45) days will be subject to interest charged at a rate of one and one-quarter percent
(1.25%) per month. The interest shall run from the due date of payment of the invoice until the
date the payment should be received by the Owner in the ordinary course of post, following
mailing of the payment. If the Attacher fails to pay any invoice within forty-five (45) days, the
provisions of Article 13 apply and the Owner may invoke any or all of the measures detailed in
Article 13.
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ARTICLE 12-REMOVAL, REPLACEMENT OR RELOCATION OF POLES OR ATTACHMENTS
12.1 The Attacher agrees that, if at any time the Owner deems it necessary or is required to remove,
replace or change the location of any pole designated by a Permit to which Attachments are
Affixed, whether the change or removal be on a temporary or permanent basis,the Owner shall
notify the Attacher of the requirement to remove or relocate its Attachments, whereupon the
Attacher, at the time specified in the notice shall, at the cost and expense of the Attacher,
remove its Attachments from that pole and, except when the notice specifies to the contrary,
the Attacher may transfer the Attachments to the pole in the new location or to the new pole,
as the case may be,and in either case this Agreement and the associated Permits shall continue
to apply to the Attachments so transferred. The Attacher acknowledges that in certain
situations the Owner may remove a pole and not replace it, so that there would no longer be a
pole upon which to Affix the Attachments. In such a situation,the Approval associated with the
applicable Permit would cease. The Owner will endeavour to give the Attacher at least sixty
(60) days prior written notice of any such removal, replacement or change in location of a pole,
but in case of emergency, as reasonably defined by the Owner, the Owner may give no notice
or such shorter notice as the Owner deems expedient or the notice may be given verbally. In
Emergency Situations, where no notice is given by the Owner or where the Attacher fails to
remove or relocate its Attachment after being notified by the Owner, the Owner, or its
designate, may remove or relocate the Attachments and the Attacher is responsible for the
reasonable costs of the Owner in so removing or relocating the Attachments.
12.2 To expedite its own work, the Owner may carry out a Minor Relocation, at no cost to the
Attacher, of the Attacher's Attachment provided that:
• it does not interfere with other Attachments;
• it does not affect a Cable Riser/Dip pole for the Attacher;
• Standards and safety are maintained;
• the Attacher does not require an easement or third party permission; and
• the Attachment is attached to the pole in a manner equivalent, in the Owner's view, to that
formerly used by the Attacher.
If the Owner relocates the Attacher's Attachment, the Owner will provide written notification to
the Attacher of the Minor Relocation.
12.3 If the Attacher fails to comply with a notice given pursuant to this Article, then the Owner,
unless notified by the Attacher with regard to an alternative method of compliance acceptable
to the Owner, shall be entitled to a delayed removal charge of $100.00 per pole, or as
otherwise determined by the parties. Alternatively, the Owner may remove or relocate the
Attachments, at the Attacher's cost. In addition, the Owner may carry out the work with
respect to the Attachments, as specified in the notice, at the risk of damage to the Attacher's
plant and at the expense of the Attacher.
12.4 Where, at the time an Approval is granted, the presence of the existing Attachments causes the
Owner to perform Make-ready Work to accommodate the new Attachment, the Attacher shall
pay to the Owner the cost of such relocation or modification.
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12.5 In instances where plant adjustments are initiated as a result of work being done by a
municipality or a federal, provincial or municipal governing body or authority in Ontario, all
conditions of notification and scheduling of work indicated may be null and void. These
arrangements may be dictated by the requirements of the Municipality or said governing
authority in Ontario.
12.6 Subject to Article 12.5, in the event that the Owner is subject to any penalty by the Municipality
or said governing authority in Ontario, due to the late removal by the Attacher of its
Attachments, then in addition to the delayed removal charges as stipulated in this Article, the
Attacher shall pay to the Owner, a sum equal to any penalty incurred by the Owner, and any
costs related to the payment of the penalty.
12.7 All charges to the Attacher for carrying out work referenced in this Article shall be reasonably
determined by the Owner and payable by the Attacher in accordance with Article 13.
ARTICLE 13-PAYMENT FOR WORK
13.1 The Attacher shall issue a purchase order to the Owner for each project such as Make-ready
Work required to meet the terms and conditions of this Agreement. The Owner will invoice
against the applicable purchase order, as work by the Owner for the Attacher is performed.
13.2 Upon completion of any work performed by the Owner on the Attacher's behalf as
contemplated by this Agreement, the Owner will render an invoice or invoices to the Attacher
for the actual cost (including financial overheads) of performing such work and the Attacher
shall pay the amount of the invoice within forty-five (45) days of the date of the invoice.
13.3 All invoices that are outstanding for longer than forty-five(45)days will be subject to interest at
the rate of one and one-quarter percent (1.25%) per month. The interest shall run from the
due date for payment of the invoice until the date payment is received by the Owner.
The Owner may pursue any and all remedies it deems appropriate and available to it under law
to recover any outstanding amounts owed to it by the Attacher.
13.4 The Attacher shall notify the Owner in writing of any dispute with respect to an invoice. If the
dispute cannot be resolved within thirty (30) days through normal business operations, the
Dispute Resolution process, as described in Article 21 will be initiated. Article 13.4 will not take
effect during the Dispute Resolution process.
ARTICLE 14- LIABILITY, INDEMNITY AND INSURANCE
14.1 The Attacher agrees that the Owner is not responsible for any damage, harm or problems of
any kind caused to the Attachments or supply carried by the Attachments which may arise from
the Owner's equipment or the supply carried by its equipment, except for such damages, harm
or losses caused by gross negligence or wilful misconduct of the Owner.
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14.2 The Attacher assumes all risk of loss or damage, including damage to or loss of its Attachments
or of its service or its equipment, or to the plant or service of the Owner arising from any act or
omission of the Attacher or its agents and contractors under this Agreement, save and except
for such portion of losses or damages caused by the gross negligence or wilful misconduct of
the Owner, and does hereby release the Owner from all claims and demands with respect
thereto.
14.3 The Attacher does hereby indemnify and save harmless the Owner from all claims and demands
for or in respect to any loss, damage or injury to property or persons (including loss of life),
including those of third parties, arising out of, or attributable to,the exercise by the Attacher or
its agents or contractors of the Approvals herein granted, save and except for such portion of
loss or damage caused by the gross negligence or wilful misconduct of the Owner. Such
indemnification shall include, but not be limited to, compensation to the Owner for time
required to prepare for and attend hearings,for all reasonable legal fees and costs,for fees and
costs of expert witnesses reasonably incurred and for the payment of any judgment, including
costs, made by a court,tribunal or decision maker and any and all appeals with respect thereto.
14.4 The Attacher shall, during the term of this Agreement and any renewals thereof, maintain a
policy or policies of insurance in which the Owner is named as additional insured in the amount
of$5,000,000 per occurrence and the policy or policies shall contain a cross liability clause, or
as otherwise may be agreed between the Attacher and the Owner, against liability due to
damage to the property of the Owner or any other person or persons including third parties,
and against liability due to injury to, or death of, any person or persons, including third parties,
in any one instance. The Owner shall not be responsible for the payment of any premium with
respect to any such insurance, which is the sole responsibility of the Attacher.
14.5 Prior to the Approval of any Permit and as a condition of any Permit Approval or renewal, the
Attacher shall furnish to the Owner annually a certificate of such insurance and for the renewal
thereof, so long as this Agreement remains in force.
14.6 The Attacher agrees that the insurance described herein does in no way limit the Attacher's
liability pursuant to the indemnity provisions of this Agreement.
14.7 During the term of the Agreement, the Attacher will immediately notify the Owner of any
damage whatsoever to the equipment of the Owner or a third party or to persons arising as a
result of the Attacher Affixing, inspecting, maintaining, changing, repairing or removing any of
its Attachments to the Owner's poles. The Attacher will also immediately notify the Owner of
any claims or notices of claims received by the Attacher related in any way to its Attachments.
14.8 During the term of the Agreement, the Owner will immediately notify the Attacher, but not any
third party having rights to the Attacher's equipment (whether by Irrevocable Right of Use,
sublicense or otherwise) of any damage whatsoever to the Attacher's equipment arising as a
result of the Owner Affixing any Attachments to the Owner's poles. The Owner will also
immediately notify the Attacher of any claims or notices of claim received by the Owner related
in any way to the Attacher's Attachments, or to any claims or notices of claim received by the
Owner related in any way to any act or omission of the Attacher pursuant to this Agreement.
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14.9 The Owner will provide to the Attacher reasonable written notice of its intention to significantly
change the nature or configuration of its equipment or change the characteristics, such as
voltage, frequency or power levels of the electrical supply carried by its equipment when the
Owner has reason to believe that such change might have adverse effects on the Attachments,
or the product carried by such Attachments, or place the Attacher in non-compliance with any
of the provisions of this Agreement. The Owner is not responsible for any adverse effects on
the Attachments, or the product carried by such Attachments, as a result of any changes made
by the Owner.
14.10 Notwithstanding anything to the contrary in this Agreement, neither the Owner nor the
Attacher shall be liable to the other for,and the indemnities set out herein shall be deemed not
to include, indirect or consequential damages or damages for economic loss however caused,
arising out of this Agreement.
ARTICLE 15-TERM AND TERMINATION OF AGREEMENT
15.1 The Term of this Agreement is five (5)years.
15.2 Prior to six (6) months before the End of Term Date, either party may request the other to
extend the Term of the Agreement for a further term of five (5) years on the same or amended
terms and conditions, as the parties may agree and in such case the Agreement, as amended,
shall continue until the new End of Term Date.
15.3 If, within twelve (12) months after any End of Term Date, the parties have not agreed on terms
and conditions for a renewed Agreement, either party may invoke the Dispute Resolution
process as per Article 21.
15.4 Subject to Articles 15.3 and 15.6,the Attacher shall, upon the termination of this Agreement, as
mutually agreed upon by the parties, remove from the poles of the Owner its Attachments
covered by this Agreement or the terminated Permit and ensure that the site where the
removal occurred is left in a safe and equal or better condition than prior to the removal, at the
expense of the Attacher.
15.5 In accordance with Articles 15.4 and 15.6, if the Attacher fails to remove the subject
Attachments, within one hundred and eighty (180) days of receipt of notice, or otherwise
mutually agreed upon, the Owner may, at the Attacher's sole risk and expense, remove such
Attachments. Upon the removal of such Attachments by the Owner, the Owner shall have the
right to retain the Attachments so removed until the Attacher pays the cost of removal, and if
the Attacher fails to pay to the Owner the cost of removing such Attachments within sixty (60)
days, the Owner will then have the further right to sell the Attachments so removed and apply
the proceeds against the costs of removing the Attachments. The Owner may also pursue any
and all remedies it deems appropriate, including the execution of any security posted with it,to
recover the outstanding amounts owed to it by the Attacher.
15.6 The Agreement shall be deemed to remain in effect during the Dispute Resolution process
under Article 21. All of the Owner's and Attacher's remedies to enforce outstanding obligations
under this Agreement and Article 15.3 and Article 21 shall survive termination of this
Agreement.
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ARTICLE 16-TERMINATION OF APPROVAL
16.1 The Approval granted by each Permit Approved by the Owner pursuant to the provisions of this
Agreement shall remain in full force from the date of the Approval until the earliest of:
• the End of Term Date; or
• the date upon which the Attachment associated with the Approved Permit is removed by
the Attacher or the Owner; or
• subject to Article 16.5, the date upon which the Attacher defaults on any of its obligations
under this Agreement; or
• the pole designated by such Permit is abandoned by the Owner.
16.2 If the Owner intends to sell a pole designated by an Approved Permit to a third party, the
Owner will attempt, on a best efforts basis, to secure the agreement of the purchaser that the
Attachments be allowed to continue to be Affixed to the pole and the purchaser be bound to
assume all of the Owner's obligations hereunder.
16.3 The Owner and Attacher may negotiate terms of sale, from the Owner to the Attacher, of a
pole vacated by the Owner and located on public and/or private property. Such sale will be
subject to any existing obligations of the Owner to third parties, and subject to the consent of
the property owner or any municipal, regional, provincial or federal government or agency
having jurisdiction over said lands.
16.4 If the condition of sale of any pole pursuant to Articles 16.2 or 16.3 cannot be satisfactorily
arranged, the Owner may, by notice in writing at any time, require the Attacher to remove its
Attachments from the poles involved, and the Attacher shall, within one hundred and eighty
(180) days after receipt of said notice, remove its Attachments from such poles.
16.5 If the Attacher fails or neglects at any time to fully perform and observe all the covenants,
terms and conditions herein contained, including a default at any time in the payment of fees
or removal of Attachments,the Owner will notify the Attacher in writing of such default and the
Attacher shall correct such default within thirty(30) days or such longer period as agreed to by
the Owner. If the Attacher fails to remedy such default within thirty (30) days of notice by the
Owner or such longer period as agreed to by the Owner, the Owner may forthwith terminate
the Approvals accompanying each Approved Permit.
16.6 The termination of an Approval pursuant to this Agreement shall not be deemed a termination
of this Agreement unless the Permit containing such Approval is the last remaining or only
Permit Approved pursuant to this Agreement, in which case the termination of such Permit will
be deemed to be a termination of this Agreement, subject to the Attacher fulfilling all of its
outstanding obligations and the right of the Owner to enforce any such outstanding obligations.
16.7 The Parties agree that obligations flowing from this Agreement, or a Permit Approved pursuant
to this Agreement, will continue beyond the date of termination of the Agreement or Approved
Permit, until the obligations are satisfied in full. All of the remedies to enforce outstanding
obligations under this Agreement, including Article 21 regarding Dispute Resolution, shall
survive termination of this Agreement or an Approved Permit.
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16.8 The Attacher shall, upon the termination of a Permit Approved pursuant to this Agreement,
forthwith at the request of the Owner, but at the expense of the Attacher, remove from the
poles of the Owner its Attachments covered by this Agreement or the terminated Permit and
ensure that the site where the removal occurred is left in a safe and equal or better condition
then prior to the removal.
16.9 If the Attacher fails to remove the subject Attachments, as per Article 16.8, within thirty (30)
days of receipt of notice, or such longer period as agreed to by the Owner, the Owner may, at
the Attacher's sole risk and expense, remove such Attachments. Upon the removal of such
Attachments by the Owner, the Owner shall have the right to retain the Attachments so
removed until the Attacher pays the cost of removal, and if the Attacher fails to pay to the
Owner the cost of removing such Attachments within sixty (60) days, then the Owner will have
the further right to sell the Attachments so removed and apply the proceeds against the costs
of removing the Attachments. The Owner may also pursue any and all remedies it deems
appropriate, including the execution of any security posted with it, to recover the outstanding
amounts owed to it by the Attacher.
16.10 When an Attachment on a pole subject to Joint Use is discontinued,the Attacher shall return its
copy of the related Permit to the Owner and the Owner shall mark the Permit "cancelled".
ARTICLE 17-EXISTING RIGHTS OF OTHER PARTIES
17.1 Nothing herein contained shall prevent or limit the right of the Owner from granting to others,
not party to this Agreement,the right to occupy its poles.
17.2 If the Owner has granted permission to others, not parties to this Agreement, to use any poles
owned by the Owner, whether said poles are covered by this Agreement or not, then nothing
herein contained shall be construed as affecting such permission. The Owner shall have the
right to continue and extend such existing permission. The Attacher agrees that existing rights
of third parties are in no way diminished by this Agreement. The Attacher shall treat third party
Attachments to the pole with the same duty of care as is required by the Agreement between
the Attacher and Owner, and will respect the rights and privileges of third parties.
17.3 The Owner shall not grant to any third party which includes, but is not limited to, any Affiliate
or any other entity related to it, by contract or otherwise, rights or privileges to use any Joint
Use Poles used by the Attacher or any poles for which it has given permission for such Joint Use
by the Attacher, unless the Owner includes a requirement substantially the same as Section
17.2 above in the Owners'agreement with the third party.
ARTICLE 18-VESTED RIGHTS
18.1 It is understood and agreed that neither this Agreement, nor any Approval granted by the
Owner, shall confer upon the Attacher any vested right or franchise, by implication or
otherwise. Any rights or privileges that are expressly provided for in this Agreement shall come
to an end if and when the Agreement has been terminated in accordance with its terms.
However, any outstanding obligations of the Parties existing upon termination will survive
termination.
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18.2 It is further understood and agreed that this Agreement shall not confer upon the Owner any
vested rights, or franchises, by implication or otherwise, to the Attachments, other than as
provided for in this Agreement.
ARTICLE 19-NOTICES
19.1 Unless otherwise provided herein, any notice or other communication to a party under this
Agreement shall be given or served by hand, by registered mail, postage prepaid, email, by
same day or overnight courier, or by facsimile (fax)transmission addressed as follows:
Owner
To: Veridian Connections Inc.
Attention: Terry Britton
Title: Manager, Distribution Services
Address: 55 Taunton Road East
Ajax, ON L1T 3V3
Telephone: 905-427-9870, Ext. 2207
Facsimile: 905-619-0210
Email: tbritton @veridian.on.ca
Attacher
To:
Attention:
Title:
Address:
Telephone:
Facsimile:
Email:
19.2 Any notice sent by ordinary mail shall be deemed to have been given or served on the fifth day
after it is deposited in any post office in Canada. In the event that mail delivery is impeded for
any reason, notice shall be given by email or by fax, and any notice so given shall be deemed to
have been given on the day following the day it is sent. Any notice or other communication to a
party may also be served in person by delivering same to a responsible person in the offices of
the party at the above address. Either party may change its address for service at any time by
notice in writing to the other.
ARTICLE 20-ASSIGNMENT
20.1 The Attacher agrees that it will not assign its interest, in whole or in part, in this Agreement,the
privileges herein granted or any Approved Permit, without the prior written consent of the
Owner, which consent shall not be unreasonably withheld. Subject to the foregoing, this
Agreement shall extend to, be binding upon, and ensure to the benefit of the Owner, its
successors and assigns, and the Attacher, its successors or permitted assigns. The Attacher
shall have the right to assign its interest in this Agreement in its entirety to one of its affiliates
with prior written consent of the Owner which consent shall not be unreasonably withheld,
provided that the Attacher shall remain liable for the fulfilment of all of the Attacher's
obligations hereunder. Such consent may be requested more than once.
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20.2 The Attacher may provide to a third party an Irrevocable Right of Use (IRU) to any part of the
Attacher's equipment that is affixed to the Owner's equipment. All work shall be done solely by
the Attacher or its contractors and the IRU third party shall not have direct access to the
Owner's poles or work within safe limits of approach of electrical equipment, unless the
Attacher has obtained the prior written consent of the Owner and the IRU third party enters
into a separate Licensed Attachment Agreement with the Owner. The Attacher shall not confer
any vested right, or franchise, by implication or otherwise, to use the Owner's poles or
equipment or any privileges under this Agreement to an IRU third party.
20.3 The Owner agrees that it will notify the Attacher of assignment of any of the Owner's interest in
this Agreement.
ARTICLE 21- DISPUTE RESOLUTION
21.1 If any Approval is refused or terminations invoked,the Attacher may appeal that decision to the
Owner's Chief Executive Officer. The Owner has the mutual right to bring a complaint to the
attention of the Attacher's Chief Executive Officer. The appeal or complaint shall be heard and
decided within thirty(30)days of receiving written notice of the appeal or complaint.
21.2 The Owner and the Attacher agree to attempt to resolve any disputes arising under this
Agreement in an expedient manner. Where possible, the Owner and the Attacher shall
endeavour to resolve any disputes between themselves, at the level at which the dispute arose.
If the dispute cannot be resolved,the Owner and the Attacher agree that either party may refer
the matter to higher management ("Dispute Resolution"). For both parties, this shall be the
Vice President level or designate.
21.3 Any dispute, controversy or claim arising out of or in connection with this Agreement, including
any question regarding its negotiation, existence, validity, breach or termination, or the
negotiation of a new Agreement may be referred to the Ontario Energy Board for decision.
21.4 Alternatively, disputes arising under this Agreement may be resolved by a mutually agreed
upon body of competent jurisdiction or arbitration in accordance with the Arbitration Act
(Ontario), 1991, S.O. 1991, Chapter 17 (the "Act"), as amended from time to time. Arbitration
may be initiated by either party by notice in writing. Within twenty (20) days after the written
request of either of the parties hereto for arbitration, the parties shall agree upon a single
arbitrator, failing which, each of them shall appoint one arbitrator, and the two so appointed
shall, within twenty (20) days after the initial twenty (20) day period,jointly select a third, who
shall act as the Chair of the tribunal. In case either of the parties hereto fails to name an
arbitrator within twenty (20) days after the written request for arbitration, the arbitrator
appointed shall be the only arbitrator. In case the two arbitrators appointed are unable to
agree on a third arbitrator within twenty (20) days after the expiration of the first twenty (20)
day period, application shall be made as soon as reasonably possible to any Judge of the
Ontario Superior Court of Justice for the appointment of a third arbitrator. The arbitrator or
arbitrators so appointed shall have all the powers accorded arbitrators by the Arbitration Act,
as from time to time amended, or any Act in substitution therefore. The decision of the said
arbitrator or arbitrators (or of a majority of such arbitrators) shall be final and binding on the
parties hereto.
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 Page I 22
ATTACHMENT# l TO RE PORT#�e.r) 31F
�of
ARTICLE 22-SCHEDULES
22.1 The following schedules are hereby incorporated into and constitute part of this Agreement:
• Schedule A- Permit Form
• Schedule B- Interpretive Sketches
• Schedule C- Minimum Permit Drawing Requirements
ARTICLE 23- INTERPRETATION
23.1 The terms of this Agreement shall be governed by the laws of the Province of Ontario and
Canada, as applicable. In the event that any court or arbitration tribunal declares any portion
of this Agreement invalid,the remainder of this Agreement shall remain in full force and effect.
23.2 Nothing in this Agreement or its performance shall create a partnership, tenancy or agency
relationship between the parties, each of which is the independent operator of its facilities.
ARTICLE 24-ENTIRE AGREEMENT
24.1 This Agreement, as of its Effective Date, is the entire Agreement between the parties and
supersedes and replaces any prior verbal or written agreement between the Owner and
Attacher relating to the Attachments on the Owner's poles or In-span, but any Permit granted
Approval and outstanding under any prior agreement shall, notwithstanding anything
contained in such prior agreement, remain in force and effect as if such Permit had been
Approved pursuant to this Agreement, in accordance with Article 7.8 on the express condition
that the Attacher satisfies all of the terms of this Agreement.
ARTICLE 25- HEADINGS
25.1 The division of this Agreement into Articles and sections, and the headings of those Articles, are
for convenience of reference only and shall not affect the interpretation of this Agreement.
ARTICLE 26-LEGISLATIVE REFERENCES
26.1 Any references in this Agreement to any statute, by-law, rule, regulation, order or act of any
government, governmental body or other regulatory body shall be construed as a reference
thereto as amended or re-enacted from time to time or as a reference to any successor thereto.
26.2 The failure of any party to this Agreement to enforce or insist upon compliance with any of the
terms or conditions of this Agreement shall not constitute a general waiver or relinquishment
of any rights under this Agreement, and the party shall be at liberty to enforce such terms and
conditions at any time thereafter.
ARTICLE 27-WAIVER
This Article is blank.
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 Page 123
8 4 ATTACHMENT#/ TO REPORT# Z4-/2
ARTICLE 28-ENVIRONMENTAL OBLIGATIONS of
28.1 The Owner makes no representation or warranty with respect to condition, defects, nature, and
composition, use (past, present or future) of land or plant. The Attacher hereby accepts land
and plant of the Owner on an "as is" basis.
28.2 The Attacher shall comply with the provisions of any federal, provincial or municipal
environmental laws which, during the continuance of this Agreement shall become applicable
to the land, plant or Attachments pertaining to Approved Permits. If any governmental
authority exercising jurisdiction with respect to environmental protection requires, in respect of
any Attachments, the installation of equipment or apparatus, or requires that any other action
be taken, then the Attacher shall promptly notify the Owner and install such equipment or
apparatus or take such measures as may be required by such governmental authority. The
Attacher shall be solely responsible for the cost of all work carried out to comply therewith.
28.3 Upon the termination of this Agreement,the Attacher shall leave the pole, plant and land upon
which the pole is situated free of any environmental contamination resulting from the
Attacher's Attachments. If and when challenged in the future, the Attacher shall have the
burden of proving that any environmental contamination has not resulted from its
Attachments.
28.4 In the event the Attacher fails to comply with its obligations in this Article to the satisfaction of
the Owner, the Owner may undertake any such work that it considers necessary to correct any
environmental contamination which may have resulted from the Attachment or conduct of the
Attacher, and all expenses incurred by the Owner, either directly or indirectly, shall be payable
by the Attacher upon receipt of the Owner's invoice.
28.5 The responsibility of the Attacher to the Owner with respect to the environmental obligations
contained herein shall continue to be enforceable by the Owner notwithstanding termination
of this Agreement.
ARTICLE 29-FORCE MAJEURE
29.1 If as a result of force majeure a party is delayed in or prevented from performing or observing
any of its obligations (except any obligation to pay a sum of money) under this Agreement: (i)
the said party shall, for a period of time equal to the duration of the force majeure, be relieved
from the performance of the said obligation and shall not be deemed to be in default
hereunder during such period, and (ii)the other party shall not be entitled to any compensation
for losses, damages,costs or expenses caused by such non-performance or delay.
ARTICLE 30-REASONABLENESS
30.1 Each party agrees that it shall at all times act reasonably in the performance of its obligations
and the exercise of its rights under this License.
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 P a g e J 24
ATTACHMENT#I TO REPORT# CS 3'I-1L
4.5_of r 5
WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year
first above written.
For Owner, I have the authority to bind the corporation:
Signature
Print Name and Title
Date
For Attacher, I have the authority to bind the corporation:
Signature
Print Name and Title
Date
Signature
Print Name and Title
Date
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 Page 125
• ATTACHMENT# / IOREPORT# eS 3L 1�
6 ____
SCHEDULE'A'-PERMIT-MUNICIPALITY
Request for Licensed Occupancy of Poles
Date Requested Licensed Applicant
VIRIDIAN
CONNECTIONS
Printed Name of Requestor Signature Title
To Place Attachments as Follows
Municipal Address(es) Lot Numbers(in or between) Concession Numbers(m or between)
Sketch or Key Map Required
;'1uusCad Updated by Da.e Updated Faxed Cemf cation
Checked by Legend Quantities Total#
'17dc v
Attachment 0
Date 0
Clearance
Approved by
Street Light Fixture
"lick
Power Supply
Due
Fixture Size&Style
Drawing Reference if Applicable Veridian Permit Number
Municipality
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 P a g e 126
ATTACHMENT# m_ TO REPORT# CS 37'IZ
SCHEDULE 'B'- INTERPRETIVE SKETCHES
LEGEND
Street light conductor on messenger
Veridian owned pole with bolt through attachment
Disconnect switch
Street Light Fixture
Cable Riser
Note: All sketches include any overhead or underground services, and service clearance attached to
the pole.
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 Page 27
ATTACHMENT# / TOREPORT# CS 3 f2.-,
UTILITY SPACE ALLOWANCE
POWER SPACE
MUNICIPAL STREET LIGHT SPACE
SEPARATION SPACE
COMMUNICATION SPACE
CLEARANCE SPACE
STREET SIDE
GROUND LEVEL
Municipal Street Light Attachment Agreement—DS—Version 2—1 page 28
ATTACH MENT#/ TO RE PORT s r) L!//2--
of 89
SCHEDULE'C'-MINIMUM PERMIT DRAWING REQUIREMENTS
(AS PER OWNER'S SPECIFICATIONS)
1. Basic Drawing Requirements (applies to all drawings)
a. Title block (name &address of Attacher,date, north point, drawing/project number, location of
project)
b. Name & phone number of the Project Manager for the specific application
c. Language: English/French as appropriate
d. Scale&dimensions: Metric
e. Scale size: Larger than or equal to 1:1000(e.g. 1:1000, 1:500, 1:250)
f. Legend of symbols
g. Key map
h. Street names: clearly indicated
2. Project Specific Drawing Requirements
a. Sidewalks, driveways,trees, buildings, bridges, rivers, railroads, other utilities if they add clarity
to specific issues
b. Clearly indicated poles and their ownership
c. Proposed cable and Support Strands clearly indicated with heavier line style
d. Proposed cable to be Over-lashed to existing Support Strand and indicate owner of that
Support Strand
e. Which side of the pole to be contacted
f. Slack storage &splice can locations
g. Electrical bonding locations
h. Proposed ground rods
i. Dips and/or risers
j. Ducts, guards, and/or concrete work on poles for dips and/or risers
k. Cable dip/riser details
I. Proposed and existing Attacher anchoring
m. Make-ready Work anticipated by the Attacher with the Owner's poles or third party
Attachments
n. Existing& proposed pedestal locations along route
o. Railroad, major highway& river crossing engineering details &associated profiles
p. Pole height contact detail (by drawing or table) indicating dimensions above grade for all
existing Telecommunications/CAN contacts by name, street light contacts, lowest Hydro
contacts(neutral, secondary, primary,transformers, unprotected Hydro riser/dips)for both
new and existing Support Strands
q. Horizontal offset measurements for proposed pole contact close construction to buildings,
other non-Owner overhead systems (eg. traffic, street lighting, signs), and/or bridges
r. To buildings, other non-Owner overhead systems(eg.traffic, street lighting, signs), and/or
bridges
s. Wiring, wire routing, and Attachment methods to the pole
t. Curbs
u. Lot lines and/or buildings, and house numbers in front of poles
Municipal Street Light Attachment Agreement—DS—Version 2—19Apr2012 Page 29
90
Citi, co =$ Report To
Council
PICKERING G Report Number: CST 21-12
Date: July 9, 2012
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Approval of Debt Financing and Internal Loans for Council Approved
Capital Projects to be Undertaken During the Summer Recess of Council
Recommendation:
1. That Report CST 21-12 of the Director, Corporate Services & Treasurer regarding:
a) approval of debt financing for the West Short Boulevard Road Improvements -
Oklahoma Drive to Sunrise Avenue, Liverpool Road Reconstruction and Storm
Sewer Work - Annland Street to Ilona Park Drive, and Architectural Services for
the new Operations Centre projects to be undertaken during the summer
recess of Council; and
b) approval of internal loans for the Ultraviolet Disinfection System and Pipe
Repairs-Dunbarton Pool, and Library-Radio Frequency Identification System
(RFID) projects to be undertaken and awarded during the summer recess of
Council be received.
2. That Council authorize the Director, Corporate Services & Treasurer to finance the
projects as follows:
a) the sum of $330,000 for the West Short Boulevard Road Improvements -
Oklahoma Drive to Sunrise Avenue as provided for in the 2011 Capital Budget
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 sum of $950,000 for the Liverpool Road Reconstruction and Storm Sewer
Work - Annland Street to Ilona Park Drive 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 as provided for in the 2011 Capital
Budget;
Report CST 21-12 July 9, 2012
91
Subject: Approval of Debt Financing and Internal Loans Page 2
for Council Approved Capital Projects to be Undertaken
During the Summer Recess of Council
c) the sum of $1,475,000 for the Architectural Services for the new Operations
Centre as provided for in the 2012 Capital Budget be financed by the issuance
of debentures by the Regional Municipality of Durham or an internal loan for a
period not to exceed 20 years or from the proceeds of the sale of City owned
land;
d) the sum of up to $125,000 for the Ultraviolet Disinfection System and Pipe
Repairs-Dunbarton Indoor Pool as provided for in the 2012 Capital Budget be
financed by an internal loan for a period of up to 5 years or from other funds as
are available at the discretion of the Director, Corporate Services & Treasurer;
e) the sum of up to $250,000 for the Library-RFID as provided for in the 2012
Capital Budget be financed by an internal loan for a period of up to 5 years or
from other funds as are available at the discretion of the Director, Corporate
Services & Treasurer;
f) the annual repayment charges in the amount of approximately $350,000 be
included in the annual Current Budget for the City of Pickering commencing in
2013, continuing thereafter until the loans are repaid, and any financing costs
be paid out of the Current Budget; and
g) the Director, Corporate Services & Treasurer be authorized to take any actions
necessary at his discretion in order to give effect to the foregoing including the
issuance of internal loans in lieu of debt for any or all of the above projects;
4. That the Director, Corporate Services & Treasurer be authorized to provide any
additional funding required from sources available through the 2012 Budgets and
in the Financial Control Policy;
5. That the draft by-laws 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 2011 Capital Budget included two projects for which
Tenders will be called and contracts awarded during the summer recess of Council.
These projects are West Short Boulevard Road Improvements - Oklahoma Drive to
Sunrise Avenue, and Liverpool Road Reconstruction and Storm Sewer Work - Annland
Street to Ilona Park Drive which require debt financing in the amount of $330,000 and
$950,000 respectively. Council approval for the debt financing is being requested now
to allow construction to be undertaken during the summer months while the adjacent
• Report CST 21-12 July 9, 2012
92
Subject: Approval of Debt Financing and Internal Loans Page 3
for Council Approved Capital Projects to be Undertaken
During the Summer Recess of Council
schools are closed. The Chief Administrative Officer (CAO) will then be able to approve
the awarding of the contracts during the summer recess.
The 2012 Capital Budget included three projects which were tendered and will be
awarded in the summer by the CAO, therefore, the financing needs to be approved by
Council now. These projects are Architectural Services for the new Operations Centre,
Ultraviolet Disinfection System and Pipe Repairs - Dunbarton Pool, and Radio
Frequency Identification System (RFID) for the Library. Debt financing and internal
borrowings were approved in the 2012 Capital Budget in the amounts of $1,475,000,
$125,000 and $250,000 respectively.
Financial Implications:
1. Approved Source of Funds
Roads and Operations Centre Capital Budget-Projects to be Debt-Financed
Location Project Code Source of Budget Required
Funds
West Short Boulevard 5320.1118.6250 Debt— 10 Year $330,000 $330,000
Road Improvements -
Oklahoma Drive to
Sunrise Avenue
Liverpool Road 5320.1120.6250 Debt — 10 Year 950.000 950,000
•
Reconstruction and
Storm Sewer Work -
Annland Street to Ilona
Park Drive
New Operations Centre- 5315.1201.6181 Debt - 20 Year 1,475,000 1,475,000
Consulting & Design
(Architectural Services)
Total Funds $2,755,000 $2,755,000
Report CST 21-12 July 9, 2012 3
Subject: Approval of Debt Financing and Internal Loans Page 4
for Council Approved Capital Projects to be Undertaken
During the Summer Recess of Council
2. Approved Source of Funds-2012
Dunbarton Pool & Library Capital Budget- Internal Loan Projects
Location Project Code Source of Funds Budget Required
Dunbarton Indoor Pool 5713.1204.6181 Internal Loan $125,000 $125,000
— Ultraviolet Disinfection - 5 Year
System and Pipe
Repairs Internal
Loan
Library RFID 5800.1203.6181 Debt — 5 Year 250,000 250,000
Total Funds $375,000 $375,000
The total annual repayment charges for all projects are estimated at $350,000. These
debt charges are anticipated to commence repayment in the 2013 Current Budget
adding approximately 0.75% to the property tax levy.
The Director, Corporate Services & Treasurer has updated the City's Annual
Repayment Limit and certified that this loan and the repayment thereof falls within the
Limit for the debt and financial obligations, and therefore, Ontario Municipal Board
approval is not required prior to City Council's authorization.
Discussion: As mentioned in the Executive Summary, approval of the debt
financing is being sought prior to.the issuance and acceptance of Tenders for the 2011
approved projects, which will occur during the summer recess of Council, to allow these
projects to be undertaken during the summer months while the adjacent schools are not
being used.
The three projects approved in the 2012 Budgets have been tendered and are in the
final stages of awarding. Due the timing of Council's recess, the normal reporting on
results of the tenders will not be in time for the July Council meeting. Debt financing is
being sought now allowing the CAO to approve the awarding of the contracts during the
summer.
The approved 5 year debt financing fo'r the Library RFID project will be changed to a 5
year internal loan for ease of financing. This is a replacement system for the current
Checkpoint RFID system. All items in the library collection will have an RFID tag
attached and this tag will be read by security gates and the circulation system. The
system acts as a security (theft deterrent) system for library materials and allows clients
Report CST 21-12 July 9, 2012
•
94
Subject: Approval of Debt Financing and Internal. Loans Page 5
for Council Approved Capital Projects to be Undertaken
During the Summer Recess of Council
to easily borrow items using self checkout workstations. The system improves
ergonomics for staff handling borrowing, inventory and returning of items and
significantly reduces the amount of staff hours required. The system will be installed at
the Central Library and Petticoat Creek branch. The awarding of the contract will be
subject to the approval of the Chief Executive Officer and the Library Board.
Debt financing for the architectural and management services for the new Operations
Centre is requested in case future land sales do not occur in a timely fashion to finance
this expenditure. The issuance of debt would only occur if such revenues or an internal
loan were not available.
The Chief Administrative Officer will, under previously provided Council authority, be
approving the awarding of the Tenders and the Director, Corporate Services &
Treasurer may provide financing under Section 07 of the Purchasing Policy subject to
being the lowest bid within Budget and the Financial Control Policy.
Attachments:
1. By-law to authorize the issuance of debentures in the amount of $330,000 for the
West Short Boulevard Road Improvements - Oklahoma Drive to Sunrise Avenue in
the City of Pickering
2. By-law to authorize the issuance of debentures in the amount of $950,000 for the
Liverpool Road Reconstruction and Storm Sewer Work - Annland Street to Ilona
Park Drive in the City of Pickering
3. By-law to authorize the issuance of debentures in the amount of $1,475,000 for the
Architectural Services for the new Operations Centre in the City of Pickering
Approved/Endorsed By:
Gillis A. Paterson, CMA
Director, Corporate Services & Treasurer
Report CST 21-12 July 9, 2012
9 5
Subject: Approval of Debt Financing and Internal Loans Page 6
for Council Approved Capital Projects to be Undertaken
During the Summer Recess of Council
Recommended for the consideration
of Pickering City Council
4-11 ot„xie Zq,20/2
T. Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT#_TO REPORT /—/2
0A
The Corporation of the City of Pickering
By-law No.
Being a by-law to authorize the issuance of
debentures in the amount of $330,000 for
the West Shore Boulevard Road
Improvements - Oklahoma Drive to Sunrise
Avenue project in the City of Pickering
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 Tender for the West Shore Boulevard Road Improvements - Oklahoma
Drive to Sunrise Avenue project will be called and awarded during the summer recess
of Council; and,
Whereas Council of the City wishes to proceed with debentures financing prior to
tendering and awarding process for the West Shore Boulevard Road Improvements -
Oklahoma Drive to Sunrise Avenue project; and,
Whereas before the Council of the City authorizes the issuance of debentures for the
West Shore Boulevard Road Improvements - Oklahoma Drive to Sunrise Avenue
project, 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 there under;
•
97
By-law No.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That the City proceed with the debentures issue in the amount of $330,000 for the
West Shore Boulevard Road Improvements - Oklahoma Drive to Sunrise Avenue
project;
2. That the sum of $330,000 be financed by the issue of debentures by The Regional
Municipality of Durham over a period not to exceed ten years;
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 9th day of July, 2012.
•
David Ryan, Mayor
Debbie Shields, City Clerk
• ATTACHMENT#?TO REPORT#1
98
The Corporation of the City of Pickering
By-law No.
Being a by-law to authorize the issuance of
debentures in the amount of $950,000 for
the Liverpool Road Reconstruction and
Storm Sewer Work - Annland Street to Ilona
Park Drive project in the City of Pickering
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 Tender for the Liverpool Road Reconstruction and Storm Sewer Work -
Annland Street to Ilona Park Drive project will be called and awarded during the
summer recess of Council; and,
Whereas Council of the City wishes to proceed with debentures financing prior to
tendering and awarding process for the Liverpool Road Reconstruction and Storm
Sewer Work - Annland Street to Ilona Park Drive project; and,
Whereas before the Council of the City authorizes the issuance of debentures for the
Liverpool Road Reconstruction and Storm Sewer Work - Annland Street to Ilona Park
Drive project, 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 there under;
9 9
By-law No.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That the City proceed with the debentures issue in the amount of $950,000 for the
Liverpool Road Reconstruction and Storm Sewer Work - Annland Street to Ilona
Park Drive project;
2. That the sum of $950,000 be financed by the issue of debentures by The Regional
Municipality of Durham over a period not to exceed ten years;
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 9th day of July, 2012.
David Ryan, Mayor
Debbie Shields, City Clerk
ATTACHMENT#3_TO REPORT#
100
The Corporation of the City of Pickering
By-law No.
Being a by-law to authorize the issuance of
debentures in the amount $1,475,000 for the
Architectural Services for the new Operations
Centre in the City of Pickering
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 Tender for the Architectural Services for the new Operations Centre has
been tendered and will be awarded during the summer recess of Council; and
Whereas Council of the City wishes to proceed with debentures financing prior to the
awarding process for the Architectural Services for the new Operations Centre; and,
Whereas before the Council of the City authorizes the issuance of debentures for the
Architectural Services for the new Operations Centre, 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
there under;
101
By-law No.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That the City proceed with the debentures issue in the amount of $1,475,000 for
the Architectural Services for the new Operations Centre;
2. That the sum of $1,475,000 be financed by the issue of debentures by The
Regional Municipality of Durham over a period not to exceed twenty years;
2. 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 9th day of July, 2012.
David Ryan, Mayor
Debbie Shields, City Clerk
Citq oy4
•
1 0 2.
PICKERING
July 9, 2012
By laws
7228/12 Being a by-law to amend By-law 6604/05 providing for the
regulating of traffic and parking, standing and stopping on highways
or parts of highways under the jurisdiction of the City of Pickering
and on private and municipal property. [Refer to Joint Planning &
Development & Executive Agenda Pages 76 to 77]
7229/12 Being a by-law to amend By-law 6604/05 providing for the
regulating of traffic and parking, standing and stopping on highways
or parts of highways under the jurisdiction of the City of Pickering
and on private and municipal property. [Refer to Joint Planning &
Development & Executive Agenda Pages 82 to 83]
7230/12 Being a by-law to authorize the supply and delivery of one new 55
Foot Aerial Quint Fire Truck in the City of Pickering and the
issuance of debentures in the amount of$680,000. [Refer to New
and Unfinished Business Pages 47- 48]
7231/12 Being a by-law to authorize the issuance of debentures in the
amount of $330,000 for the West Shore Boulevard Road
Improvements — Oklahoma Drive to Sunrise Avenue project in the
City of Pickering. [Refer to New and Unfinished Business pages 96-
97]
7232/12 Being a by-law to authorize the issuance of debentures in the
amount of$950,000 for the Liverpool Road Reconstruction and
Storm Sewer Work —Annland Street to Ilona Park Drive project in
the City of Pickering. [Refer to New and Unfinished Business pages
98-99]
7233/12 Being a by-law to authorize the issuance of debentures in the
amount of$1,475,000 for the Architectural Services for the new
Operations Centre in the City of Pickering. [Refer to New and
Unfinished Business pages 100-101]
7234/12 Being a by-law to dedicate that part of Lot 3, Plan 282, Pickering,
being Part 73, Plan 40R-25121 as public highway (Rockwood
Drive) (By-law attached)
7235/12 Being a by-law to appoint Ryan Janes as a Municipal Law
Enforcement Officer for the Purpose of Enforcing the by-laws of The
Corporation of the City of Pickering. (By-law attached)
10
7236/12 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as
amended by By-law 6539/05 as amended, to implement the Official
Plan of the City of Pickering District Planning Area, Region of
Durham in Part of Lot 27, Range 3, Broken Front Concession, City
of Pickering (A10/11). (By-law attached)
City G�
1 _
Memo
1101113 -11N101 1
To: Debbie Shields June 25, 2012.
City Clerk
From:' Denise Bye
Supervisor, Property & Development Services
Copy: Director, Planning & Development
Division Head, Engineering Services
Manager, Development Control
Manager, Development Review & Urban Design
Subject: Request for Road Dedication By-law
Owner: C. & R. Oppedisano - LD 055/12
Reserve Block - Part 73, Plan 40R-25121 (Rockwood Drive)
- File: Roadded.498
The Owner has applied through Land Division Application LD 055/12 to sever part of Lot 3, Plan
282 to create one new lot. One of the conditions of the Land Division Committee is that the
reserve fronting the newly created lot (Part 73, 40R-25121) be dedicated as public highway.
As the Owner has complied with all of the other conditions of LD 055/12, it is now appropriate to
dedicate Part 73, Plan 40R-25121 as,public highway, permitting legal access to Rockwood Drive.
Attached are a location map and a draft by-law for the consideration of City Council at its meeting
scheduled for July 9, 2012.
DB:bg
J:\Prep&Dev\ROADDED\SEC\498 Rockwood\memos\memo to Debbie Juno 12 Part 73.doc
Attachments
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION Part of Lot 3, Plan 282 being Part 73,40R-25121
OWNER Cioty of Pickering DATE June 25,2012 DRAWN BY JB
FILE No. ROADDED#498 SCALE 1:5,000 CHECKED BY DB N
Data Souraae:
3 201MPACaand .uppll.re. All righlt. R.ISrvadhtNotta plan oft Surver o1 ,urva,.. PN-10
106
The Corporation of the City of Pickering
By-law No. 257
Being a by-law to dedicate that part of Lot 3,
Plan 282, Pickering, being Part 73, Plan
40R-25121 as public highway (Rockwood
Drive).
Whereas The Corporation of the City of Pickering is the owner of that part of Lot 3, Plan
282, Pickering, being Part 73, Plan 40R-25121 and wishes to dedicate it as public
highway.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That part of Lot 3, Plan 282, Pickering, being Part 73, Plan 40R-25121 is hereby
dedicated as public highway. (Rockwood Drive)
By-law passed this 9th day of July, 2012.
. 404P
:or"
David Ryan, Mayor
Debbie Shields, City Clerk
Roadded.498.73
10
City 4
Memo
[*1E
To: Debbie Shields June 18, 2012
City Clerk
From: Kimberly Thompson
Manager, Municipal Law Enforcement Services
Copy: City Solicitor
Subject: By-law to Appoint Ryan Janes as a Municipal Law Enforcement Officer
- File: L-2000-001-12
•
Please find attached a draft by-law to appoint Ryan Janes as a Municipal Law Enforcement
Officer.
Officer Janes has recently been confirmed in the position of full-time Parking Control Officer.
Please take the appropriate action for Council to enact the by-law and advise upon approval.
Thank you
:kt
The Corporation of the City of Pickering D 7440
XXXX/12
Being a by-law to appoint Ryan Janes as a Municipal Law Enforcement
Officer for the Purpose of Enforcing the by-laws of The Corporation of the
City of Pickering
Whereas pursuant to section 15(1) of the Police Services Act, R.S.O. 1990, c.P.15, as
amended, a municipal council may appoint persons to enforce the by-laws of the
municipality; and
Whereas pursuant to section 15(2) of the said Act, municipal by-law enforcement
officers are peace officers for the purpose of enforcing municipal by-laws;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Ryan Janes is hereby appointed as a municipal law enforcement officer in and for
the City of Pickering in order to ascertain whether the provisions of all by-laws of
The Corporation of the City of Pickering are obeyed and to enforce or carry into
effect the said by-laws.
2. This appointment shall expire upon the employee noted in Section 1 ceasing to be
an employee of the City of Pickering or until the repeal of this by-law.
3. The provisions of this by-law shall come into force and take effect on the day of the
final passing thereof.
By-law passed this 9th day of July, 2012.
David Ryan, Mayor
Debbie Shields, City Clerk
109
Cal d
,„..„„vm Memo
To: Debbie Shields July 4, 2012
City Clerk
From: Mila Yeung
Planner II
Copy: Director, Planning & Development
Manager, Policy
Principal Planner— Development Review
Subject: Amending By-law to Remove a Holding Symbol
Zoning By-law Amendment Application A 10/11
816 Kingston Road Pickering Ltd.
820 Kingston Road
(Part Lot 27, Range 3 B.F.C, Part 1, 40R-23394)
City of Pickering
Amending By-law 7236/12
Statutory Public Meeting Date Not applicable (Holding By-law)
Planning & Development Committee Date Not applicable (Holding By-law)
Purpose and Effect of By-law To remove a Holding Symbol on the "MU-20"
zone on the subject property to permit the
development of a commercial building
Council Meeting Date July 9, 2012
Note Please see Background Information
(Attachment #1)
MY:Id
J:tSTAFFtmyeung\Planning ApplicationstHolding By-Iawt2011\816 Kingston RdlAmending drag by-law chart.doc
Attachments: Background Information
Location Map
By-law text
By-law schedule p.d.f.
Attachment#1
110
Background Information
On June 20, 2005, By-law 6539/05 was passed by Council to permit a commercial
development fronting onto Kingston Road on the lands zoned "MU-20". The zoning
designation also contains an "(H)" — Holding Symbol which was not to be removed until
such time as:
1. a fair portion of landuse/urban study costs has been paid to the City
2. a Site Plan Agreement has been executed with the City
3. a Development Agreement has been executed to the satisfaction of the City
to provide for the:
a) exchange of easements between abutting properties
b) stormwater treatment on the lands subject to By-law 6539/05
c) urbanization (including provisions of sidewalks) of the boulevard
fronting Kingston Road and Sheppard Avenue
The City and owner have been working together over past couple of years to develop
plans addressing the onsite stormwater management, exchange of access easement
with the adjacent property to the west, plans for the urbanization of Kingston Road, and
other related matters to the City's satisfaction. The access easement through the
property was registered on title in March 2011, and the land division application to
complete the exchange has been filed with the Region of Durham (LD 82/11). The
owner has also paid his portion of the landuse/urban study cost (The Northeast
Quadrant Development Study). Urbanization of Sheppard Avenue is not required at this
time as the development of the north portion of the property is not part of this site plan
application.
Urbanization along the Kingston Road frontage will take place through the
improvements for the Kingston Road Bus Rapid Transit (BRT) with the use of the City's
development charge funds.
On July 13, 2011, a Site Plan proposal addressing such details was endorsed by the
Site Plan Advisory Committee subject to the final design being shown to the satisfaction
of the Director, Planning & Development. Although the final agreements have not been
executed, the project is advancing and the owner is expected to enter into a Site Plan
Agreement shortly. The Planning & Development Department is satisfied that the "(H)"
Holding Symbol may be lifted from the property.
The purpose and effect of this by-law is to lift the "(H)" — Holding Symbol designation to
permit the development of 3 commercial/office buildings in accordance with the
approved Kingston Road Corridor Urban Design Development Guidelines and
Northeast Quadrant Development Guidelines.
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City of Pickering Planning & Development-Department
PROPERTY DESCRIPTION Broken Front Concession,Part Lot 27,28,Part 1 40R-23394
OWNER 816 Kingston Road Pickering Ltd. DATE May 28,2012 DRAWN BY JB
FILE No. A 10/11 SCALE 1:5,000 CHECKED BY MY N
ate Sources'
- Teranet Enterprises Inc. and Its suppliers. All rights Reserved. Not a plan of eurvsy. PN-10
2012 MPAC and It. supplier.. All rights Reserved. Not o plan of Survey.
The Corporation of the City of Pickering
11. 2.
By-law No.7236/12
Being.a by-law to amend Restricted Area (Zoning)
By-law 3036, as amended by By-law 6539/05 as
amended, to implement the Official Plan of the
City of Pickering District Planning Area, Region of •
Durham in Part of Lot 27, Range 3, Broken Front
Concession, City of Pickering. (A10/11)
Whereas the Council of the Corporation of The City of Pickering passed By-law
6539/05, being a by-law to amend By-law 3036, to rezone the lands to "(H) MU-20"
zone on Part of Lot 27, Range 3, Broken Front Concession, City of Pickering;
And whereas By-law 6539/05 includes a "(H)" Holding Symbol preceding the "MU-20"
Zone on the lands, which has the effect to prevent permitted uses except for one single
detached dwelling and accessory uses until such time as study costs had been paid to
the City and Site Plan/Development Agreement have been executed to the satisfaction
of the City of Pickering respecting the exchange of access easements, stormwater
treatment, and urbanization of boulevards;
And whereas the owner has made satisfactory arrangements with the City respecting
these matters;
And whereas an amendment to amending By-law 6539/05, to remove the "(H)"Holding
Symbol preceding the "MU-20"Zone on the subject lands is therefore'deemed
appropriate;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule I
Schedule I to By-law 6539/05, is hereby amended by removing the "(H)" Holding
Symbol preceding the "MU-20" Zone designation on the subject lands as set out
on Schedule I attached hereto.
2. . Text Amendment
Section 5.(3) and Section 5.(4) of By-law 6539/05, are hereby repealed.
By-law No. 7236/12 Page 2
113
3. Area Restricted
By-law 3036, as amended, is hereby further amended only to the extent
necessary to give effect to the provision of this By-law as set out in Section 2
above, and as set out in Schedule I attached hereto. Definitions and subject
matter not specifically dealt with in this By-law shall be governed by the relevant
provision of By-law 3036, as amended.
4. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act:
By-law passed this 9th day of July, 2012.
David Ryan, Mayor
Debbie Shields, City Clerk
\ �\ \ \ \ \ \
\ 114
\ \
\ EPP PRp P \ \\ \\
0-530,
3
\ M U-20 h's
PART LOT 27,B.F.C.,RANGE 3 CIZ)PO
SCHEDULE I TO BY-LAW 6539/05 N
AMENDED BY BY-LAW 7236/12
PASSED THIS 9th
DAY OF July 2012
MAYOR
CLERK
Cluj 4 := 1 1 5
PICKERING July 9, 2012
Confidential Council Report
a) Confidential Report CAO 14-12 (Under Separate Cover)
Code of Conduct & Appointment of Integrity Commissioner
Cali 00 Minutes/Meeting Summary
Accessibility Advisory Committee Meeting
Wednesday, April 25, 2012
PICKERING 7:00 pm
Civic Complex - Main Committee Room
Attendees: K. Falconer Chair
T. Arvisais, Vice Chair
Councillor O'Connell
M. Brenner
A. Heywood-Delpeache
T. Logan
D. Manning
D. Sharma
D. Tierney
S. Wilkinson
J. Yacoumidis
P. Noronha-Waldriff
L. Harker, Recording Secretary
Absent: I. Fogo
S. Little
Item/ Details & Discussion & Conclusion Action Items/Status
Ref# (summary of discussion) (include deadline as
appropriate)
1. Welcome K. Falconer
K. Falconer welcomed members and guests to the meeting.
2. Deohaeko Support Network - Presentation E. Rosemond and
J. Klees
Erin Rosemond and Janet Klees from the Deohaeko Support
Network provided a presentation to the Committee of the
Deohaeko Support Network. J. Klees provided an overview of the
program, detailing their approach to customized job development to
ensure that the workforce represents the community.
Customized job development was described as a way to help
people with disabilities make a contribution and get paying jobs in
their community. This organization provides support and teaches
learning strategies to people with disabilities with the goal of helping
these people achieve paid employment.
E. Rosemond then shared some success stories, thereby giving a
human face to the philosophy.
Page 1
CORP0228-2/02
P. Noronha-Waldriff invited the Deohaeko Support Network to set P. Noronha-Waldriff to
up a booth at the 2012 Accessibility Awareness Event. action
A question and answer period ensued.
3. Adoption of Minutes March 28,2012 K. Falconer
Moved by M. Brenner
Seconded by T. Arvisais
That the minutes of the March 28, 2012 meeting of the
Accessibility Advisory Committee be approved.
Carried
4. Accessibility Survey,(Draft Review) S. Wilkinson and D.
Tierney
S. Wilkinson and D. Tierney provided a brief overview of the
draft Accessibility Survey and requested final comments and
changes from members.
• D. Tierney suggested adding "e.g." to question #6.
• M. Brenner suggested adding "episodic" for question #4,
including a definition "periodically occurs".
• K. Falconer suggesting having this survey available on
the City's website and having City staff collect responses
and report back to the Committee quarterly.
• M. Brenner suggested placing the survey on the City's
Intranet to obtain responses from City staff for
comparison.
• Councillor O'Connell suggested placing a notice about
this survey in tax bills.
• S. Wilkinson suggested placing a notice in the News
Advertiser and sharing with other Accessibility
Committees.
• J. Yacoumidis proposed to the Committee that they
begin thinking about the next steps, including what the
Committee will do with the information that is obtained
from this survey and how this information will be reported
back to the City.
5. 2012 Committee Work.,Plan; K. Falconer
K. Falconer provided an overview of the presentation to Council
and the good feedback that was received. It was proposed that
roles and tasks were assigned based on the work plan that was
presented to Council.
Page 2
CORP0228-2/02
Accessibility Awareness Event— M. Brenner (Lead)/A. Natifa
Heywood-Delpeache, K. Falconer, D. Sharma all Committee
members to assist
Review of Accessibility Parking By-law— S. Wilkinson (Lead)
and D. Sharma
Review Standards for Curb Cuts for Sidewalks — D. Sharma
(Lead) _
Review of Pedestrian Crossing Times at Signalized
Intersections — T. Arvisais (Lead)
Policy Review for Full Services Gas Stations — Councillor
O'Connell (Lead) and A. Natifa Heywood-Delpeache
Building on the 2011 Accessibility Survey— J. Yacoumidis
(Lead), M. Brenner, D. Tierney and S. Wilkinson
Design Student Engagement Program —A. Natifa Heywood-
Delpeache (Lead) / D. Sharma / M. Brenner
Conduct an Accessibility Audit of Public Facilities — D. Tierney
(Lead), S. Wilkinson and T. Logan
Conduct an Accessibility Audit of Businesses and Facilities — M.
Brenner (Lead) and D. Sharma
Implement Forums for Discussion with Pickering Senior
Management Team —T. Arvisais (Lead) and M. Brenner
It's up to the lead in each initiative to design the initiative and
outline deliverables. Members are to organize themselves and
meet outside of the committee meetings.
P. Noronha-Waldriff to
M. Brenner suggested the development of a spreadsheet to action
view deliverables and set timelines for these to be achieved.
6. 2012 Accessibility Awareness Event K. Falconer
P. Noronha-Waldriff provided an overview of the planning for
this event to date and advised the Committee that the next step
would be to select a date to book the Pickering Town Centre.
The Committee selected Saturday, November 3rd as their first
selection and Saturday, October 27th as their second selection.
Councillor O'Connell suggested also booking the 2013
Accessibility Awareness Event at this time to obtain the
preferred date of June 1, 2013 and to book speakers for the
event.
Page 3
CORP0228-2/02
Discussion ensued with respect to speakers at this event. P.
Noronha-Waldriff suggested putting in a Community Page
Advertisement to attract speakers.
7. Site Plan Review— S02112 Dominos Pizza. All
Members reviewed this site plan and determined that it was
completely inaccessible as it is on a floodplain. The Committee
did not recommend approval of this site plan and will be
submitting their comments to the Planning & Development
Department, noting that it should be resubmitted to the
Committee when accessible during all seasons.
8. Other Business' All
8.1) S. Wilkinson enquired why one of the accessible parking
spots at the Loblaws plaza was replaced with an expectant K. Falconer to action
mother parking spot? K. Falconer to follow up with T. Barnett
from the Planning & Development Department for a response.
8.2) P. Noronha-Waldriff read an email from T. Barnett from the
Planning & Development Department regarding the parking by-
laws and the Committee's interest in increasing the number of
handicap spaces allotted for each plaza. It was suggested that
the Committee review the municipal by-laws and send a report
to Council based on their recommendations.
8.3) Councillor O'Connell advised the Committee that she
received a phone call from a concerned resident. This resident
expressed their concern that there is no full day camp available
at the Recreation Complex for children ages 12+ with
disabilities. Councillor O'Connell advised the Committee that it
may be appropriate to start the conversation about
opportunities available for residents with disabilities and transit
availability to these programs. P. Noronha-Waldriff advised that
the City offers programs for 13 — 18 yrs, however they are drop
in programs. The resident in questions would be looking for full
day programming which is not something offered.
8.4) T. Arvisais enquired about the handicap parking spot and Councillor O'Connell to
location of curb cuts at the Sears entrance of the Pickering action
Town Centre. Durham Transit was to move the curb cut but it
has not been moved as of yet.
8.5) S. Wilkinson shared an article from the Star newspaper
about the obstacles that businesses face in making their
business accessible.
8.6) P. Noronha-Waldriff invited the Committee to attend the
Community Engagement Workshop held by the City of
Page 4
CORP0228-2/02
Pickering, Tuesday May 15th8.7) P. Noronha-Waldriff advised
the Committee that she would be attending the Regional
Accessibility meeting on May 22nd and invited Committee
members to attend.
8.8) P. Noronha-Waldriff advised the committee that she would
be attending a workshop on the Integrated Accessibility
Standard Regulation: Interpretation and Application, in
Vaughan on April 30th and would provide an overview at the
next meeting.
8.9) K. Falconer reminded Committee members about the Day
of Mourning on Saturday, April 28th
8.10) K. Falconer advised the Committee that the Waterfront
Open House was held at an inaccessible location and that
future events would not be held at this location.
9. Next'Meeting/Adjournment All
Moved by J. Yacoumidis
Seconded by T. Logan
That the meeting be adjourned.
Carried
Next Meeting: May 23, 2012
Meeting Adjourned: 8:50 pm
Copy: City Clerk
Page 5
CORP0228-2/02
C1 o0 Minutes/Meeting Summary
Accessibility Advisory Committee Meeting
Wednesday, May 23, 2012
PICKERING 7:00 pm
Civic Complex —Tower Meeting Room
Attendees: Keith Falconer, Chair
Terence Arvisais, Vice Chair
Ida Fogo
Stephen Little
Donna Manning
Don Tierney
Prem Noronha-Waldriff, Recording Secretary
Absent: Councillor O'Connell
Maurice Brenner
Tanya Logan
Aisha Nathifa Heywood-Delpeache
Doodnauth Sharma "
Sue Wilkinson
Jacob Yacoumidis
Item/ Details & Discussion & Conclusion Action Items/Status
Ref# (summary of discussion) (include,deadline as
appropriate)
1. Welcome Keith Falconer
No quorum was present thirty (30) minutes after the time
scheduled for this meeting. Names of attendees were
recorded, and it was decided that members would discuss
the 2012 Accessibility Awareness Event, scheduled for Nov.
3/12.
2. 2012 Accessibility Awareness Event All
- Location: Pickering Town Center, Center Court.
- Date: Saturday November 3, 2012
- Time: 11:00 am — 3:00 pm
- Committee to invite LG David Onley - Keith F.
- Stephen —to invite Tracey McCharles (MPP) - Stephen
- Terry — to invite Alexander Harold / Christina Doucette - Terry
(Children's Author) /follow up with Pickering Veteran's
- Aisha —to follow up on singer, Samantha Mutis
- Ida — to follow up with area high schools to see if they - Aisha
would have anything to contribute to the event - Ida
(Dunbarton / St Mary's / Pine Ridge SS) / also with
hearing,impaired neighbor.
- Prem — to invite groups to provide displays (6) — Durham
Transit /AAC / Hearing Society / CNIB /Abilities Centre / - Prem
Autism, Kerry's Place / DRP Children's Games
- Stephen —to look into obstacle course type event
Page 1
CORP0228-2/02
- Don T —to follow up with CNIB / Can. Hearing Society - Stephen
- Lions Foundation Dogs to be invited again (Prem) - Don
- Committee to look at home grown talents / success
•
stories - Prem
- Paralympian — someone going to the Olympics?
- Press Releases (Prem)
- Sobeys Customer Service Video (Prem to Check with
Edie) - Prem
- Prem
3. Other Business Keith-Falconer
- Next Meeting: Wed. June 27/12
- 7:00 pm
- Civic Complex— Main Committee Room
Meeting Adjourned: 8:45 pm
Copy: - City Clerk
•
Page 2
CORP0228-2/02
Committee of Adjustment
Cal/ 00 _ Meeting Minutes
Wednesday, May 23, 2012
P 7:03 pm
Main Committee Room
RECEIVED
Present: CITY Or PICKERING
JUN 1 5 2012
Tom Copeland
David Johnson — Chair CL 1r ! OFFICE
Eric Newton —Vice-Chair
Bill Utton
Shirley Van Steen
Also Present:
Mila Yeung, Assistant Secretary-Treasurer
Jean Finn, Assistant Secretary-Treasurer
David Johnson, Committee Chair acknowledged the presence of Peter Rodrigues,
Regional Councillor Ward 3.
David Johnson, Committee Chair acknowledged the presence of Doug Dickerson, City
Councillor Ward 2.
•
(I) Adoption of Agenda
Moved by Bill Utton .
Seconded by Eric Newton
That the agenda for the Wednesday, May 23, 2012 meeting be adopted.
Carried Unanimously
(II) Adoption of Minutes
Moved by Shirley Van Steen
Seconded by Eric Newton
That the minutes of the 5th meeting of the Committee of Adjustment held
Wednesday, May 2, 2012 be adopted.
Carried Unanimously
1
Committee of Adjustment
City o1 Meeting Minutes
I -�-, Wednesday, May 23, 2012
J 4 [ 7:03 pm
Main Committee Room
(Ill) Reports
1. (Tabled at the February 29, 2012 meeting)
P/CA 08/12 — Norris Holdings Limited
1705 Wellington Street
(Part Lot 16 & 17, Plan 43, Part 6, 40R-18850)
City of Pickering
•
Moved by Bill Utton
Seconded by Eric Newton
That application P/CA 08/12 by Norris Holdings be lifted from the table.
Carried Unanimously
The applicant requests relief from Zoning By-law 3037, as amended by By-law
6640/06 to permit an existing lot frontage of 15.0 metres, a lot area of
535 square metres, a west side yard width of 1.2 metres, a lot coverage of
36 percent and a rear yard depth of 2.5 metres to permit the conversion of the
existing building into a 3 storey detached dwelling with a second storey rear yard
deck, whereas the by-law requires a lot frontage of 22.0 metres, a lot area of
1,390 square metres, a minimum side yard width of 1.8 metres, a maximum lot
coverage of 20 percent and a minimum rear yard depth of 9.0 metres.
The applicant requests approval of these variances in order to obtain a building,
permit.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending refusal.
Written comments were received from the Region of Durham Health Department
indicating no objection to the application and also noted this is not granting
authorization for the construction of a private sewage system.
Written comments were also received from the City's Chief Building Official
indicating the applicant must retain a structural engineer to evaluate the capacity
of the existing building structure, a geotechnical investigation and associated
bearing capacity is necessary, there is an existing cistern below the existing
garage, the plans do not identify any information for Heating, Ventilation and Air
Conditioning (HVAC) systems and additional building permit requirements will
need to be addressed during the building permit application process.
2
o¢� Committee of Adjustment
4. Meeting Minutes
Wednesday, May 23, 2012
A[COal- ! 7:03 pm
Main Committee Room
Written comments received from Dawna Dearing of 4864 Victoria Street, Shelagh
& Ken Mulveney of 4951 Old Brock Road, Bernie MacDonald & Nathalie
O'Rourke of 4968 Old Brock Road, Peter Sternberg & Wai-Ching Yip of 4960
Old Brock Road and Adam McKay & Nathalie Sabourin of 4959 Old Brock Road
in objection to the application.
Correspondence received from D. Dearing indicated concerns with the proposed
development being used for HVAC business, the size of the proposed structure
on such a small lot, water run-off, the plan not in keeping with the surrounding
area, the variances requested are major, and no room for proper septic system.
Correspondence received from S. and K. Mulveney, indicated concerns with the
proposed development will decrease property values, high water table,
availability of potable water and stress on a shared well, sewage disposal,
disbursement of run-off water, precedent setting, vehicle parking and the
proposed use for a home based business.
Written comments were received from Jim Doyle, Claremont and District
Community Association in opposition of the application as there are many
concerns and will set a bad precedent in the Hamlet of Claremont.
Correspondence received from B. MacDonald & N. O'Rourke, indicated
concerns with the proposed development that there is insufficient land available
to adequately support the proposed expansion of the existing structure,
negatively impact on property values, loss of privacy, home based business and
the dwelling will affect the septic system and cause sewage issues that will
jeopardize the health and safety of neighbours and does not respect the
architecture of the community of Claremont.
Correspondence received from P. Sternberg & W. Yip indicated concerns with
the proposed development being uncharacteristic within the Hamlet of
Claremont, insufficient land available to adequately support the proposed
expansion of the existing structure, decreased property values, precedent
setting, not in keeping with the architecture of the Hamlet of Claremont and the •
effects of drainage, sewage and septic issues.
Correspondence received from A. McKay & N. Sabourin, indicated concerns with
the proposed development that the variances requested are major not minor in
nature, the location of the septic tank/field bed, the shared well and loss of
privacy for all surrounding neighbours, water run-off, holding tank, the property
being used for business use, and that the proposal is not in keeping with the
existing neighbourhood.
3
Cluj o0 Committee of Adjustment
Meeting Minutes
, 1 -�_- Wednesday, May 23, 2012
tSt1It- 7:03 pm
Main Committee Room
Todd Norris, owner, was present to represent the application.
Councilor Peter Rodrigues was present in opposition to the application.
D. Dearing of 4864 Victoria Street, S. Mulveney of 4951 Old Brock Road and A.
McKay of 4959 Old Brock Road were present in objection to the application and
spoke to the comments received on file.
Moved by Tom Copeland
Seconded by Bill Utton
That application P/CA 08/12 by Norris Holdings Limited, be Refused on the
grounds that the existing lot frontage of 15.0 metres, a lot area of 535 square
metres, a west side yard width of 1.2 metres, a lot coverage of 36 percent and a
rear yard depth of 2.5 metres to permit the conversion of the existing building
into a 3 storey detached dwelling with a second storey rear yard deck are major
variances that are not desirable for the appropriate development of the land, and
not in keeping with the general intent and purpose of the Zoning By-law.
Carried Unanimously
2. P/CA 18/12 — R. & R. Cariaso
526 Laurier Crescent
(Lot 112, Plan 40M-1242)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by By-law
1289/81 to permit a rear yard depth of 3.3 metres to a proposed grade related
covered deck attached to the existing detached dwelling whereas the by-law
requires a minimum rear yard depth of 7.5 metres.
The applicant requests approval of this variance in order to obtain a building
permit.
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending approval
subject to conditions. Written comments were also received from the City's
Development Control Manager indicating lot drainage may be affected by the
construction of the deck; acceptable drainage should be maintained to ensure it
does not negatively impact adjacent properties. Written comments were
received from Councillor Kevin Ashe in support of the staff recommendation.
No representation was present to represent the application. .
4
Ca o¢ Committee of Adjustment
Meeting Minutes
_::
w4 i -�
Ca 00 _u Committee of Adjustment
Meeting Minutes
ice'+ui
Ca 00 Committee of Adjustment
Meeting Minutes
Wednesday, May 23, 2012
li101111M-C 7:03 pm
Main Committee Room
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending approval
subject to conditions. Written comments were also received from the City's
Development Control expressing no concerns. The drainage whether surface
flow or from pipes follows the existing drainage pattern flowing to the drainage
swale which ultimately reaches the cross culvert in the road. A grading plan is
required as part of the building permit process to ensure additional drainage from
the property will not affect neighbouring properties or alter any existing
conditions.
Written comments were received from John Hickman of 5267 Brock Road
expressing his concerns with the application. He stated concerns regarding
current and future Water drainage, run-off water, and requested if the application
is approved that the property owner of 5271 and 5273 Brock Road remove the
drain tiles during excavation and that the owner rehabilitate the property. He
also has concern that Brock Road should be corrected to be named Old Brock
Road.
Christina Colombo, owner, was present to represent the application.
John and Cory Hickman of 5267 & 5269 Brock Road and Jennifer Gani of 5273
Brock Road were present in support of the application. Tracy Goodwin of 5290
Brock Road was present and requested clarification on the application.
J. Hickman stated as long as the drainage situation and weeping tiles and
grading issues are solved he is in support of the application. He stated that
Brock Road should be corrected to be named Old Brock Road. C. Hickman
noted that he is pleased to see neighbours rehabilitate the property.
T. Goodwin questioned the height of the barn, expressed concerns with the loss
of green space in the front yard and presented pictures to the Committee.
Moved by Bill Utton
Seconded by Eric Newton
That application P/CA 20/12 by C. & G. Colombo, be Approved on the grounds
that the existing lot frontage of 23.6 metres, existing lot area of 0.4 hectare, a front
yard depth of 11.6 metres and a north side yard width of 1.8 metres to a
proposed detached dwelling, the conversion of an existing barn into a detached
garage with a maximum building height of 7.3 metres are minor variances that
are desirable for the appropriate development of the land, and in keeping with
the general intent and purpose of the Official Plan and the Zoning By-law,
subject to the following conditions:
7
Cali 00 Committee of Adjustment
Meeting Minutes
Wednesday, May 23, 2012
Eit4it 7:03 pm
Main Committee Room
1. That these variances apply only to the proposed detached dwelling and barn
conversion, as generally sited and outlined on the applicant's submitted
plans.
2. That the applicant obtain a demolition permit for the accessory structure
beside the existing barn by May 23, 2013, or this decision shall become null
and void.
3. That the applicant obtain a building permit for the proposed construction and
building conversion by May 23, 2014, or this decision shall become null and
void.
4. That the applicant submit a letter requesting that the currently tabled
Committee of Adjustment application P/CA 25/10 be closed as it is no longer
required by September 26, 2012.
5. That the applicant submit a grading plan satisfactory to the City of Pickering
as a part of the Building Permit process.
Carried Unanimously
5. P/CA 21/12 — 1700539 Ontario Limited
1101A Kingston Road
(Part of Lot 24, Concession 1, Part of Part 4, Part 5, Plan 40R-12678)
City of Pickering
The applicant requests relief from Zoning By-law 3036, as amended by By-law
6777/07 to permit a proposed commercial building that will have frontage onto an
existing private right-of-way that connects to a municipal street, and provides a
north building setback of 1.0 metre, a west building setback of 0.5 metres, and an
east parking lot setback of 1.7 metres from the limits of the "MU-22" Zone,
whereas the by-law requires all buildings or structures on a lot to front onto an
opened and maintained public street, a minimum north and west building setback
of 3.0 metres from the property line and a minimum at grade parking lot setback of
3.0 metres from the limits of the "MU-22" Zone.
The applicant requests approval of these variances in order to obtain Site Plan
Approval.
•
8
•
City o‘g Committee of Adjustment
Meeting Minutes
Wednesday, May 23, 2012
..............
IEISiiINiUt 7:03 pm
Main Committee Room
M. Yeung, Assistant Secretary-Treasurer outlined comments received from the
City of Pickering Planning & Development Department recommending approval
subject to conditions. Written comments were also received from the City's
Development Control Manager expressing no concerns.
Written comments were received from Christian Hepfer, Emix Ltd., 1004 Eglinton
Avenue West, in objection to the application. In his correspondence he stated
concerns with private right-of-way, proposed truck traffic encroachment onto his
property, siting of the building and the multiple restrictive covenants on title.
Councilor Doug Dickerson was present in support of the application.
Allan Windrem, agent, was present to represent the application. He indicated
that he agrees with Staffs recommendations and that there are no requirements
in the By-law for the siting of buildings and the location of landscaped areas. He
explained that the owner will provide a landscape buffer at the south property
line to ensure that truck traffic does not encroach on the abutting neighbour's
property and that all the concerns of the abutting neighbour would be address
during the site plan application process.
Christian Hepfer was present in objection to the application and he expressed his
concerns to the Committee as stated in his correspondence.
Allan Windrem showed the proposed site plan to Christian Hepfer and the
Committee. Discussions of the site plan details were said to be discussed in the
site plan application. Allan Windrem explained that the restrictive covenants on
title are between two property owners and should not affect the Committee's
decision. In response to the Committee's question of should the application be
tabled or deferred to allow the two owners time to resolve their differences, Allan
explained that the owner requests a decision from the Committee on the minor
variance applications tonight because all of Mr. Hepfer's concerns are unrelated
to the minor variance application and will be resolved between the two owners.
•
Barry Browning, the in house legal counsel for 1700539 Ontario Limited
suggested to Christian Hepfer that he should reserve his right to appeal because
all issues between the two owners will be resolved or addressed during the site
plan application process.
9
Cite/ 00
Committee of Adjustment
Meeting Minutes
Pt I ,
'mg ' Wednesday May 23, 2012
7:03 pm
Main Committee Room
Moved by Shirley Van Steen
Seconded by Bill Utton
That application P/CA 21/12 by 1700539 Ontario Limited, be Approved on the
grounds that the proposed commercial building having frontage onto an existing
private right-of-way that connects to a municipal street, a north building setback
of 1.0 metre, a west building setback of 0.5 metres, and an east parking lot
setback of 1.7 metres are minor variances that are desirable for the appropriate
development of the land, and in keeping with the general intent and purpose of
the Official Plan and the Zoning By-law, subject to the following conditions:
1. That these variances apply only to the proposed commercial building and
parking lot, as generally sited and outlined on the applicant's submitted plans.
2. That the applicant receive Final Site Plan Approval for the proposed
development by May 23, 2014, or this decision shall become null and void.
Vote
Tom Copeland opposed
David Johnson in favour
Eric Newton in favour
Bill Utton in favour
Shirley Van Steen in favour
Carried
10,
Committee of Adjustment
Cat/ 04, _, Meeting Minutes
Wednesday, May 23, 2012
7:03 pm
Main Committee Room
(IV) Adjournment
Moved by Bill Utton
Seconded by Eric Newton
That the 6th meeting of the 2012 Committee of Adjustment be adjourned at
8:06 pm and the next meeting of the Committee of Adjustment be held on
Wednesday, June 13, 2012.
Carried Unanimously
t f: ®t2
Date�- = -
Chair
Assjant Secretary-Treasurer
11
Calf Minutes/Meeting Summary
Advisory Committee on Diversity
p -; ..... Thursday, June 14, 2012
PICKERING 7:00 pm
Pickering Civic Complex, Main Committee Room
Attendees: Catherine Reidt, Co-Chair
Devinder Panesar, Community Appointee
Jacob Yacoumidis, Community Appointee
Christy Harper, Pickering Public Library
Jody Morris, City of Pickering
P. Anderson, Aids Committee of Durham
D. Garland, Aids Committee of Durham
L. Roberts, Recording Secretary
Absent: Kevin Ashe, Councillor, Ward 1
Kirk Mark, Chair
Carlisle Miller, Community Appointee
Keith Richards, DRPS
Preet Panesar, Dunbarton High School
Margaret Lazarus, Valley Farm Public School
Neha Mohan, VP, (YOU)nity, Pine Ridge High School
• Fred Gibson, Pickering Carib Canadian Cultural Association
Alma Sandoval, Hispanic Canadian Alliance of Ontario
Misha Biswas, President, (YOU)nity, Pine Ridge High School
Alysha Singh, Secretary of (YOU)nity, Pine Ridge High School
Item/ Details & Discussion & Conclusion Action Items/Status
Ref# (summary of discussion) (include deadline as
appropriate)
1.0 Welcome & Introductions Kirk Mark
C. Reidt welcomed everyone to the meeting and introductions
were made.
20 Approval of Minutes
Approval of agenda — one additional item was added
([YOU]nity
Moved by C. Harper
Seconded by D. Panesar
Carried
Moved by C. Harper
Seconded by D. Panesar
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CORP0228-2/02
That the minutes of the May 10, 2012 meeting of the
Diversity Committee be approved as amended.
Carried
3.0 Business Arising from Minutes
3.1) CCACN Sports Update
J. Morris provided an update with respect to the CCACN event.
She noted they had been in contact with her and confirmed a
date for the tournament at the end of August. She also noted
they plan to hold the gala and launch one week prior to the
tournament, but as yet have not confirmed a venue for this. J.
Morris noted she had confirmed the fees applicable with Ammar
and advised him that no promotion could take place until the
venue has been booked and paid for.
J. Morris indicated to the organization that she was available to
assist, but required further information from them.
A brief discussion period ensued.
3.2) Diversity Forum
J. Morris provided an update with respect to the writing contest.
With respect to the discussion at the previous meeting
regarding publishing all entries, she provided the Committee
with all the submissions from this year. She provided an
overview of what would be involved as well as staff and time
commitments for such a project, explaining such an endeavor
would not be feasible at this time due to the lack of resources.
She also provided a copy of the books which are currently
published and distributed to all schools.
A question and answer period ensued with the following points
being made:
• Send an acknowledgement to all participants
• Have a display at the schools at the beginning of the
school year to help promote the writing contest
• Lack of promotion in schools is a concern
• Contact PAC 4 teens to assist in promotion of the writing
contest
• Send out certificates to all participating schools — Jody
suggested we send this out with the books in September
for this past contest year.
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CORP0228-2/02
It was recommended that staff provide each school Principal
with a copy of the book along with the poster.
It was also suggested that the School Board Trustees involved
with Aboriginal as well as Diversity matters, be invited to attend
the Diversity Committee meetings.
4.0 Event Updates
4.1) Survey
J. Morris provided members with copies of the updated survey.
The Committee reviewed the survey with some additional
revisions being made.
D. Garland noted the importance of the addition of a section for J. Morris to action
Aboriginal Ancestry—which would include Metis, Inuit and First
Nations. It was the consensus of the Committee to include this
prior to Item #22 on the survey.
It was the consensus of the committee to have J. Morris update
the survey and forward along to staff for final review.
J. Morris noted the promotion would begin the first week of July.
She indicated a booth has been booked for Canada Day and it
was suggested that the survey be available to hand out. She
asked for volunteers for the booth which will run from 11:00 am
to 5:00 pm.
5.0 New Business
5.1) Aboriginal Community Engagement
D. Garland provided an outline of upcoming events being
hosted by the aboriginal community. She handed out
information on these events and also noted that the month of
June has been proclaimed "Aboriginal Month".
A question and answer period ensued and the issue of location
for these events was discussed, as it was noted that the current
location in Oshawa does not allow for all Durham Region
residents to attend. She noted she would like to see this
opened up more.
She also extended an invitation to all members to attend the
Aboriginal celebration in Pickering Village this month. She
noted the group is very busy promoting their activities in order
to foster a sense of community and inclusiveness.
She also noted members were welcome to attend their
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CORP0228-2/02
meetings coming up in September.
D. Gardland noted she would be pleased to act as a liaison
between the aboriginal community and the Advisory Committee
on Diversity.
5.2) JYOU]nity
Discussion ensued with respect to the sub-committee
[YOU]nity. It was suggested that the Committee identify who
will be taking a leadership role in this and how the Committee
can assist [YOU]nity in obtaining new members. Some
suggestions were to
• contact PAC 4Teens
• • talk to the school boards
• place posters at City sporting events to help generate
interest among students from all schools
• request [YOU]nity create a workplan
• communicate to Diversity Committee through staff rep in
order to keep apprised of upcoming events as well as
any assistance required from the Committee, not
necessarily attend meetings
6.0 Next Meeting &Adjournment
The next meeting will be held on September 13, 2012
Meeting Adjourned: 8:40 pm
Copy: City Clerk
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Cali 00 A. Minutes
Waterfront Coordinating Committee
June 21, 2012
PICKERING 7:00 pm
Main Committee Room
Attendees: Councillor Dickerson
Jim Dike, Chair
Keith Falconer
Maureen Robbins
Patricia Short-Galle
Arnold Mostert, Coordinator, Landscape & Parks Development
Nancy Gaffney, TRCA
L. Roberts, Recording Secretary
Also Present: Councillor Pickles
Gord MacPherson, TRCA
Jim Farintosh
Absent: Councillor O'Connell
Jim Berry, Vice-Chair
•
Kathleen Corcoran
Jean Veronneau
Sean Wiley
Item/ Details & Discussion 8, Conclusion Action Items/Status
Ref# (summary of discussion) (include deadline as
appropriate)
1.0 Welcome & Introductions
J. Dike welcomed everyone to the meeting and
acknowledged the guests in attendance.
•
2.0 Agenda/Minutes
Moved by Councillor Dickerson
Seconded by M. Robbins
That the agenda for the June 21st meeting of the Waterfront
Coordinating Committee be approved.
Carried
Moved by K. Falconer
•
Seconded by Councillor Dickerson
That the April 19, 2012 minutes of the Waterfront Coordinating
Committee be approved.
Carried
4.0 New Business
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CORP0228-2/02
•
Item/ Details & Discussion & Conclusion Action Items/Status
Ref# (summary of discussion) (include deadline as
appropriate)
4.1) Frenchman's Bay Waterfront Master Plan Review
A. Mostert provided the Committee with an update on the
Frenchman's Bay Waterfront Master Plan. He noted a meeting
had been held with Fire Services with respect to the matter of
fire route access with concerns over equipment on the
boardwalks and also with the trucks turning at the end of the
road. He indicated they were looking at brick walkways four
metres wide which would accommodate emergency vehicles.
A. Mostert provided members with an updated copy of the
preliminary estimates, noting a phased approach for the
projects. Discussion ensued and it was noted that this
estimate was approximately one half a million lower than the
previous cost estimates.
A question and answer period ensued. Councillor Dickerson
questioned the timing for the pontoon boat and docks. He
indicated this should be a priority and stressed the importance
of connecting the east and west spits. A. Mostert noted this
would still be open for discussion.
Moved by Councillor Dickerson
Seconded by K. Falconer
That the Committee seek Council approval to proceed on the
basis of the conceptual plan subject to an updated work
schedule.
Carried
A. Mostert noted a report would be prepared to go forward to
the Executive Committee in September.
• 4.2) Harbour Entrance Reconstruction
A. Mostert provided an update with respect to the harbor
entrance. He noted this has received Council approval.
Discussion ensued with respect to the public information
meeting which had been held. It was questioned whether a
summary of the public comments would be available. It was
also noted an on line petition was circulating in opposition to
the harbor entrance as well as one in support which had been
forwarded to the Mayor. There was also some discussion with
respect to a potential meeting on June 25th at the Recreation
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CORP0228-2/02
Item/ Details & Discussion & Conclusion Action Items/Status
Ref# (summary of discussion) (include deadline as
appropriate)
Complex and it was requested that any information available
on this be forwarded to the members as well as Councillor J. Dike to action
Ashe.
Jim Farintosh, a resident of the West Shore area, questioned
whether the washrooms were contingent upon the Canoe Club
plans and whether it would be funded by the City of Pickering.
J. Dike confirmed that this was part of the Canoe Club project,
but that further discussion on this would take place.
It was requested that information on the requirements for the
creation of a community organization be provided to the
Committee. L. Roberts to check with the City Clerk. L. Roberts to action
4.3) Peak Trail Enhancements
A. Mostert provided an update on the Peak Trail
Enhancements, noting an RFP had been completed for
washroom facilities at the Linton Farm House. He noted that
this had been submitted to the Region of York, who had
requested changes.
He also noted there is no word yet on the decommissioning of
Frisco Road, stating it is still with the Town of Ajax for review,
noting the City requires their approval, being a boundary road.
Gord MacPherson noted that by removing the fence around the
greening area and running the nature trail through, this could
make a nice connection from the top of Frisco Road on the
west side.
4.4) Partnership with TRCA for Off Season Events
N. Gaffney noted she had followed up with staff at Petticoat
Creek with respect to the possibility of a winter festival. She
noted that with the park being closed during the winter months,
it would be quite costly as well as difficult to access events.
She noted they would be agreeable to do something along the
trail should the Committee find a sponsor to offset the costs.
Discussion ensued with respect to a dog sled event, but it was
noted that winter events could be difficult to plan when dealing
with weather issues.
Discussion continued with respect to other possible winter
Page 3
CORP0228-2/02
•
Item/ Details & Discussion & Conclusion is Action Items/Status
Ref# (summary of discussion) (include deadline as
appropriate)
events. Gord MacPherson suggested the possibility of a G. MacPherson to
fishing festival, noting there is an interest in promoting angling action
in the GTA. He noted he could follow up with the Rod and Gun
Club for interest in such an event.
4.5) Frenchman's Bay Storm Water Master Plan
A. Mostert provided an update on the Frenchman's Bay Storm
Water Master Plan. He noted that at the June 18th meeting of
Council, the Amberlea Creek Erosion Control EA had been
approved. N. Gaffney noted the TRCA was doing a lot of data
collection.
J. Dike questioned the oil and grit separators at the bottom of A. Mostert to action
Sunrise and the reconstruction of West Shore. A. Mostert
noted he would look into this.
4.6) Remedial Works
Discussion ensued with respect to the remedial works which
were listed on the Committee's 2012 work plan. J. Dike
questioned removal of cement at the West Spit, and whether
this created any dangerous situations. N. Gaffney and G.
MacPherson indicated there were no hazardous conditions
noted in the area, but advised the Committee that they would
be going out again.
G. MacPherson noted when the Power Station does the
required dredging of their intake, this would be a good
commodity to have for shoreline restoration. He indicated they
should look at using dredge materials for beach feeding prior to
trucking it all away. He noted this could make a difference in
transforming the shoreline.
A. Mostert noted he had met with the Operations Centre with
regards to vehicular access to the beach. He noted they had
discussed the installation of a gate which would allow only for
access of emergency vehicles.
Discussion ensued with respect to the importance of finding a
balance of parking.
4.7) Duffin Creek Water Pollution Control Plant EA
J. Dike noted a second meeting had been held with a tour of
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CORP0228-2/02
Item/ Details & Discussion & Conclusion Action Items/Status
Ref# (summary of discussion) (include deadline as
appropriate)
the plant to take place on June 22"d. He informed the
Committee that Pickering is being well represented.
4.8) Great Waterfront Trail Adventure
A. Mostert to action
J. Dike questioned whether there was any information as to the
City of Pickering's participation in this year's Waterfront Trail
Adventure.
A. Mostert noted he would look into this.
5.0 Other Business
5.1) K. Falconer requested clarification with respect to the
petitions circulating on the harbor entrance project. J. Dike
indicated he would forward the information onto him. J. Dike to action
5.2) K. Falconer noted PESCA was planning to hold a corn
roast sometime in early September and will forward an email
once a date and location has been set.
6.0 Adjournment/Next Meeting
Next Meeting: to be determined.
Moved by K. Falconer
That the meeting be adjourned.
Meeting Adjourned: 8:10 pm
Copy: City Clerk
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