HomeMy WebLinkAboutNovember 5, 2012 (Special) Calf °q SPECIAL COUNCIL MEETING
iii AGENDA
,
DICKERING Monday, November 5, 2012 Council Chambers
7:00 pm
I) Invocation
Mayor Ryan will call the meeting to order and lead Council in the
saying of the Invocation.
II) Disclosure of Interest
III) Delegations
1. Bernard Luttymer
Swans Marina Ltd.
2. Jim Dike
Waterfront Coordinating Committee
3. Gary Endicott
Pickering Auxiliary Rescue Association
4. Patricia van Zadel
5. Gary Peck
Fairport Yacht Club/Fairport Frenchmans Bay Ltd.
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6. Evanne Willson
• 7. Harold Hough
The Pickering Harbour Company Limited
8. Denis Carrier
Frenchman's Bay Yacht Club
9. Larry Debono
Accessible
PI C K E N G For information related to accessibility requirements please contact
Linda Roberts
Phone: 905.420.4660 extension 2928
TTY: 905.420.1739
Email: Iroberts(a citvofpickerina.com
IV) Reports — New and Unfinished Business Pages
1. Director, Community Services, Report CS 38-12 1-12
Frenchman's Bay Harbour Entrance Reconstruction
Recommendation
1. That Report CS 38-12 of the Director, Community Services, regarding the
Frenchman's Bay Harbour Entrance Reconstruction be received;
2. That Council approve engaging the services of TRCA as a sole source purchase
for project management and construction services for reconstruction of the
Frenchman's Bay Harbour Entrance in accordance with the City's Purchasing
Policy Item 09.04;
3. That Council authorize the Mayor and City Clerk to execute a Memorandum of
Understanding with the TRCA for the project management and construction
services for reconstruction of the Frenchman's Bay Harbour Entrance, on such
terms as are satisfactory to the Director, Community Services and the Director,
Corporate Services & City Solicitor;
4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance
Phase 1 (west breakwater) and Phase 2 (east breakwater) of the project as
provided for in the 2012 Parks Capital Budget as follows:
a) a contribution from the Region of York, South East Collector Enhancement
funds in the amount of$1,500,000
b) the City of Pickering's share be changed from an external debt to an internal
loan in the amount of$1,500,000 for a term not to exceed 10 years; and at a
rate to be determined;
c) a Provincial Grant through Building Together, the Government of Ontario's
long-term infrastructure plan, in the amount of$3,000,000;
5. That Council authorize the Mayor and City Clerk to execute an Infrastructure
Funding Contribution Agreement with the Province of Ontario on such terms as
are satisfactory to the Director, Community Services and the Director, Corporate
Services & City Solicitor; and
6. That the appropriate City of Pickering officials be authorized to take the necessary
actions to give effect thereto.
V) Confirmation By-law
VI) Adjournment
city 00 Report to Council
1111. 11[,
I KERING Report Number: CS 38-12
Date: November 5, 2012
From: Everett Buntsma
Director, Community Services
Subject: Frenchman's Bay Harbour Entrance Reconstruction
- File: A-1440
Recommendation:
1. That Report CS 38-12 of the Director, Community Services, regarding the
Frenchman's Bay Harbour Entrance Reconstruction be received;
2. That Council approve engaging the services of TRCA as a sole source purchase
for project management and construction services for reconstruction of the
Frenchman's Bay Harbour Entrance in accordance with the City's Purchasing
Policy Item 09.04;
3. That Council authorize the Mayor and City Clerk to execute a Memorandum of
Understanding with the TRCA for the project management and construction
services for reconstruction of the Frenchman's Bay Harbour Entrance, on such
terms as are satisfactory to the Director, Community Services and the Director,
Corporate Services & City Solicitor;
4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance
Phase 1 (west breakwater) and Phase 2 (east breakwater) of the project as
provided for in the 2012 Parks Capital Budget as follows:
a. a contribution from the Region of York, South East Collector Enhancement
funds in the amount of $1,500,000
b. the City of Pickering's share be changed from an external debt to an internal
loan in the amount of $1,500,000 for a term not to exceed 10 years; and at a
rate to be determined;
c. a Provincial Grant through Building Together, the Government of Ontario's
long-term infrastructure plan, in the amount of $3,000,000;
5. That Council authorize the Mayor and City Clerk to execute an Infrastructure
Funding Contribution Agreement with the Province of Ontario on such terms as are
satisfactory to the Director, Community Services and the Director, Corporate
Services & City Solicitor; and
Report CS 38-12 November 5, 2012
Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 2
6. That the appropriate City of Pickering officials be authorized to take the necessary
actions to give effect thereto.
Executive Summary: The City of Pickering, in partnership with the Toronto and
Region Conservation Authority (TRCA), completed the Frenchman's Bay Harbour
Entrance Class Environmental Assessment and received Ministry of Environment
approval in 2009.
On July 1, 2012, the Provincial and Federal governments announced that they would
each contribute $3 million towards the project. The City of Pickering share of $3 million
will be funded with $1.5 million from the Region of York as part of their South East
Collector Enhancement package and $1.5 million through an internal loan.
Commencement of construction for this project is critical due to its impacts on the
boating season and fisheries. As such, the project is being broken down into three
phases so that approvals can be obtained from Council for Phases 1 and 2 to proceed.
The funds for Phase 3, although committed by the Federal Government, have been
somewhat delayed.
The City's Purchasing Policy Item 09.04(g) authorizes the Manager, Supply & Services
to make single or sole source purchases without competitive bids in respect of "work to
be performed on or about a leased building or portions thereof that may be performed
only by the lessor". TRCA is in the process of having the lands under the harbour
entrance transferred into its name. This transaction is to be complete before the end of
2012, such that TRCA will become the owner/lessor of the harbour lands and the
improvements.
The City's Purchasing Policy Item 09.09 states "A single source or sole source
purchase exceeding $125,000 is subject to Council approval". This report recommends
that Council approve engaging the service of the TRCA as project manager and
constructor for the Frenchman's Bay Harbour Entrance.
•
Financial Implications: In the 2012 Parks Capital Budget, Council approved the
Frenchman's Bay Harbour Entrance Reconstruction project in the amount of $9 million,
subject to the following funding formula:
Federal Grant $3,000,000
Provincial Grant 3,000,000
Contribution from York Region 1,500,000
City Debt 10-Year 1,500,000
Total $9,000,000
CORP0227-07/01 revised
Report CS 38-12 November 5, 2012
Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 3
The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) will be
administering the funding program on behalf of both the provincial and federal
governments.
As the City does not have ownership of the land where the reconstruction will be
undertaken, it was decided that a 10 year internal loan be undertaken in-lieu of the 10
year external debt.
The approval to proceed with the $1.5 million contribution from the York Region is also
dependent upon the senior level of governments' contributions. However, York Region
has agreed to waive this clause.
On October 5, 2012, the City received a letter from the Ministry of Infrastructure,
Ministry of Transportation, Attachment 1, confirming the $3 million contribution from the
provincial government through Building Together, the Government of Ontario's long-
term infrastructure plan.
At the time of writing this report, OMAFRA has forwarded a draft funding contribution
agreement to the City for the provincial share of the $3 million. The City, at this time
does not have formal notification from the Government of Canada for its share of the $3
million contribution however, staff have been advised by M.P. Chisu's office that funding
was approved by the Treasury Board on October 25, 2012 and formal notification will be
forthcoming.
Due to the timelines of this project, it is prudent that authorization be given to proceed
with the project within the funds available to the City at this time being $6 million. This
enables the City to proceed with both Phase 1 (west breakwater) and Phase 2 (east
breakwater) of the Frenchman's Bay Harbour Entrance while the Federal contribution is
being finalized.
•
Under Recommendation 5, this report requests Council to authorize the Mayor and City
Clerk to execute a funding agreement with the Province. If the Federal notification is
received prior to execution then the agreement will include both senior levels of
governments' contributions. If the Federal notification is received after, City staff will
bring back a report requesting Council to amend the original Provincial agreement.
CORP0227-07/01 revised
Report CS 38-12 November 5, 2012
Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 4
The following table provides the estimated costs for the project as a whole:
Estimated Project Costing Summary
Frenchman's Bay Harbour Entrance Project
2012 2013 2014 Total
Construction $466,150 $3,007,425 - $3,473,575
Engineering & Design Costs 10,000 40,250 - 50,250
Phase 1 -West Breakwater 476,150 3,047,675 - 3,523,825
Construction 115,400 2,122,000 569,500 2,806,900
Engineering & Design Costs 4,000 22,250 5,000 31,250
Phase 2 - East Breakwater 119,400 2,144,250 574,500 2,838,150
Construction - - 1,092,070 1,092,070
Engineering & Design Costs . - - - 7,000 7,000
Phase 3 - Concrete Decking - - 1,099,070 1,099,070
Environmental Assessment Costs 1,416 12,000 6,000 19,416
Project Management Costs 48,983 391,016 121,614 561,613
Contingency 64,453 558,294 179,519 802,266
Sub Total - Costs 710,402 6,153,235 1,980,703 8,844,340
HST (net of rebate) 12,503 108,297 34,860 155,660
Total Estimated Project Costs $722,905 $6,261,532 $2,015,563 $9,000,000
Discussion: The City of Pickering, in partnership with the Toronto and Region
Conservation Authority (TRCA), completed the Frenchman's Bay Harbour Entrance
Class Environmental Assessment in September 2009. The EA was approved by the
Ministry of Environment on November 16, 2009.
The project includes the reconstruction of both the east and west breakwaters
and dredging of the entrance channel
The existing east crib will be enclosed in steel sheet-pile lined with sloped rip rap and
armourstone, to reduce wave reflection and wave overtopping. Enclosing the existing
eastern crib in steel sheet-piling facilitates inclusion of a reinforced concrete pedestrian
walkway, providing pedestrian access consistent with the existing public amenities and
community character on the east side of Frenchman's Bay.
CORP0227-07/01 revised
Report CS 38-12 November 5, 2012
Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 5
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Plan view of Proposed Harbour Entrance Reconstruction
On the west side of the harbour entrance, the existing crib is to be removed and
replaced with a new armourstone breakwater further west to create an entrance channel
30m wide at the navigation depth of 3.2m below datum. The western breakwater has an
increased crest width to facilitate construction of a pile-supported concrete walkway.
The natural stone breakwater ties into the passive waterfront recreation theme of Rotary
Frenchman's Bay Park West and offers waterfront access for anglers, waterfront trail
users, birdwatchers, and other recreationalists.
Both the eastern and western breakwaters will have a series of access steps with
ladders spaced approximately 60m apart along the length of the breakwaters to allow
emergency egress from the harbour entrance channel. The design of the eastern
breakwater also includes railings designed to resist the higher wave and ice forces that
occur near the offshore end of the breakwater. The remainder of the walkway will have
CORP0227-07/01 revised
Report CS 38-12 November 5, 2012
Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 6
a pipe curb intended to act as a safety barrier for only small-wheeled non-vehicular
traffic, such as strollers or wheelchairs.
Provisions will also be made for pontoon boat docks for the "ferrying" of people across
the channel and for pedestrian walkways to connect the breakwater walks to the trails
on the east and west spits.
This project is being funded 1/3 by the Federal Government, 1/3 by the Provincial
Government, and 1/3 by the City of Pickering
As part of the Environmental Assessment, TRCA completed a funding strategy to
implement the project. The strategy proposed a cost-sharing funding formula with 1/3 of
the funds coming from the Provincial Government, 1/3 from the Federal Government
and 1/3 from the City of Pickering. The total estimated cost for the harbour entrance
reconstruction and directly associated works is $9 million.
On July 1, 2012, the Provincial and Federal Government announced that they would
each provide $3 million towards the project. Staff have been in contact with OMAFRA
and have been advised that the Federal grant funds will be channeled through the
Province, similar to other Infrastructure Grants that the City has received in the past.
OMAFRA have begun to draft the funding agreement but are waiting for authorization
from the Federal Government on including the flow of their contribution in the
agreement. Staff has been assured that the funds are forthcoming, however, with the
delay in obtaining the funding agreement, the specific times that "in-water" works are
permitted for fisheries and conflict with the 2013 boating season, it has been decided to
phase the project so that construction can begin in November 2012.
The project has been broken into three phases, corresponding with timing of
funding
The City of Pickering's approved 2012 Parks Capital Budget provides $3 million toward
this project, of which $1.5 million has been committed by the Region of York as part of
their South East Collector Enhancement package. The first phase of the project will be
funded through these means and includes the reconstruction of the west breakwater.
The second phase will be the construction of the east breakwater and the final phase
will include the construction of the pedestrian walkways on the breakwaters and
dredging of the channel at the harbour entrance.
The intent is that the three phases will be seamless but they have been put in place in
the event that there is a delay in receipt of the Federal funds. For the purpose of this
report, authorization to proceed with Phase 1 and 2 are being considered as the funding
agreement from the Federal Government has not yet been received.
CORP0227-07/01 revised
Report CS 38-12 November 5, 2012
Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 7
The Toronto and Region Conservation Authority will assume the role of Project
Manager, in partnership with the City of Pickering, for the reconstruction of the
Frenchman's Bay Harbour Entrance
The Toronto and Region Conservation Authority (TRCA) has over 35 years of
experience with the construction of in-water works along the shores of Lake Ontario.
They recently completed a 3.8 km, $25 million shoreline protection and park
development project from Highland Creek to the Rouge River in partnership with
Waterfront Toronto and have completed similar works at the end of West Shore
Boulevard in the City of Pickering.
Both the east and west spits at the south end of Frenchman's Bay are under TRCA
ownership and prior to commencement of the proposed harbour entrance
reconstruction, the land under the harbour entrance that is currently in Pickering
Harbour Company ownership will also be transferred to the TRCA.
In an effort to have this project move ahead, TRCA staff have assisted the City of
Pickering in lobbying for Federal and Provincial Funding. They have prepared detailed
costing and construction schedules for the project, coordinated the required land-based
and marine archeology works and applied for Work Approval from Transport Canada.
TRCA have already publically tendered and obtained quotes for much of the aggregate
supply for the west breakwater and are waiting for approval to proceed in order to issue
purchase orders against these tenders so that aggregate extraction can proceed before
winter. As such, TRCA are "construction ready".
At the Toronto and Region Conservation Authority Meeting #8/12 held on October 26,
2012, Resolution #A187/1.2 was adopted. This resolution directs TRCA staff to enter
into a Memorandum of Understanding with the City of Pickering, to carry out the Project
and to take the necessary action to implement any agreements including obtaining
needed approvals and the signing and execution of documents.
It is staff's opinion that the TRCA are best suited to assume the role of Project Manager
and Constructor based on the above items. The formal process and associated fees for
obtaining a TRCA permit to allow for the proposed construction will also not be required
since they are the "constructor".
At the time of writing this report, the City has a copy of the draft Memorandum of
Understanding from TRCA. The City and TRCA are working on finalizing the terms and
conditions of this MoU, and will to have this document finalized before we proceed with
the project.
Construction Schedule
A detailed construction schedule indicating the various tasks for all 3 phases has been
prepared by the TRCA and has been included as Attachment 2. In summary, pending
CORP0227-07/01 revised
Report CS 38-12 November 5, 2012
Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 8
Council approval, mobilization and site preparation will begin mid to late November and
construction will commence by early December. Construction of the west breakwater
will begin first, followed shortly thereafter with the east breakwater. The total
construction time for these first two phases will be approximately 16 months, ending in
March 2014. Phase 3, the installation of the concrete walkways on both breakwaters,
will take approximately 4 months to construct, with completion expected by the end of
June 2014.
Construction Access
Construction access for this project will be predominately from the west spit. The
proposed haul route is Whites Road, Bayly Street, West Shore Boulevard and
Beachpoint Promenade. To facilitate the movement of material to the east spit, a
temporary bridge is proposed as a harbour entrance crossing during the offseason
boating months. The material required to construct the east breakwater will be
stockpiled on the east spit during the winter months and the bridge removed prior to the
2013 boating season.
Communications Plan
TRCA and City of Pickering have developed a communications plan to ensure that
residents and boaters of the Frenchman's Bay community understand the schedule and
are kept apprised of progress of the construction of the new harbour entrance.
The objectives of the Plan are:
•
• to provide clear and timely information to the Frenchman's Bay community and the
public at large regarding the construction schedule, project progress and notices;
• to provide one contact person at City of Pickering and one contact person at
TRCA that is designated to answer pubic inquiries; and
• to provide up-to-date construction newsletters and website information on the
construction schedule, project progress and notices.
A Public Open House is tentatively scheduled for Thursday, November 22nd to inform
the residents on the upcoming construction activities.
Attachments:
1. Letter from Minister Chiarelli, Minister, October 4, 2012
2. Frenchman's Bay Harbour Entrance Reconstruction — Preliminary Construction
Schedule
CORP0227-07/01 revised
Report CS 38-12 November 5, 2012
•
Subject: Frenchman's Bay Harbour Entrance Reconstruction Page 9
Prepared By: Approved/Endorsed By:
4
Arnold Mostert, OALA Everett Buntsma, NPD, CMM
Coordinator, Landscape & Parks Director, Community Services
Dev opment
Dar--= Selsky, CET, CM II Paul Bilk) •
Supervisor, Engineering & Capit.,or orks Director, Corpo,ate Services &
City Solic' •
Ric and Holbo , P. Eng. St.n Karwowski, M: • , CMA
Division Head, Engineering Services (Acting) Division Head, Finance &
Treasurer
AM:am
•
Recommended for the consideration
of Pickering City Council
, i & 3/, 2.0 z
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
ATTACHMENT# _ OREPORT# 3 -12--
of 2,
Ministry of Infrastructure Ministere de('Infrastructure
Ministry of Ministere des .
Transportation Transports OFFICE OF TH,E MAYO l '-- f
Office of the Minister Bureau du ministre RECEIVED
OCT 0 9 2012
Ferguson Block,3° Floor Edifice Ferguson,30 etage FILE I ntario
77 Wellesley St.West 77,rue Wellesley ouest FOLLOW UP
Toronto,Ontario Toronto(Ontario)
M7A 1Z8 M7A 1Z8 COPY FWD
(416)327-9200 (416)327-9200 CAO COUNCIL
www.ontario.ca/infrastructure www.ontario.ca/infrastructure
www.mto.gov.on.ca www.mto.gov.on.ca DIRECTORS. CORP SERV
OES , MG 2012-575
OFFICE SUST
OCT 0 4 2012 C&R PLAN&DEV
ENG SERV LEGAL&LS
FIRE CLERK
His Worship Dave Ryan oPER &FAC HUMAN RES
Mayor
City of Pickering
One The Esplanade
Pickering ON L1V 6K7
Dear a r R an: —
On July 1, 2012, the governments of Ontario and Canada announced that they would
work with the City of Pickering and the Toronto Region Conservation Authority to
rehabilitate the Frenchman's Bay Harbour Entrance.
I am happy to write that this project has been identified as a priority for funding
consideration under the Provincial-Territorial Base Fund, part of the Building Canada
Plan. The Ontario government will contribute $3 million, provided that the city enters
into a contribution agreement with the province.
The federal government has indicated it needs to attain certain approvals in order to
fund the Frenchman's Bay project under the PT Base program. Recent negotiations
between provincial and federal officials have been quite positive and we believe that a
successful conclusion is in short order. In the interim, I would encourage you to work
through your local Member of Parliament to help bring about a quick resolution to
securing the federal share of funding for this project. Once the federal government has
obtained their required approvals, and communicate that to me, I will instruct my staff to
immediately nominate your project for the federal share under the PT Base program for
the remaining $3 million in federal funding.
In the meantime; I.have asked that our officials move quickly to flow the $3 million in
provincial funding. We understand you are eager to start construction for this project,
so we are hopeful that the provision of the provincial share up front will help start get
things underway. This funding will be administered by the Ministry of Agriculture, Food
and Rural Affairs (OMAFRA). OMAFRA staff will be in touch with you to discuss the
contribution agreement that will set out the terms and conditions for the province's
funding.
.,./cont'd
•
ATTACHMENT# __ IO REPORT# C S 3g-t2._
2. of a--
- 2 -
This project supports Building Together, the Government of Ontario's long-term
infrastructure plan. Through Building Together, Ontario plans to invest more than
$35 billion over the next three years to create or preserve over 100,000 jobs on average
each year. Infrastructure investments create high-quality employment, support
economic growth and help make Ontario's economy more productive.
Please accept my best wishes.
Sinc- -
:ob Chiarelli
Minister
c: Hon.. Ted McMeekin, Minister of Agriculture, Food and Rural Affairs
Tracy MacCharles, MPP, Pickering-Scarborough East
Everett Buntsma, Director, Community Services, City of Pickering
Nancy Gaffney, Waterfront Specialist, TRCA
•
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