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January 21, 2013
Cifq a� Executive Committee Meeting Agenda [tai_.- - Monday, January 21 , 2013 PICKERING - Council Chambers 7:00 pm . Chair: Councillor Dickerson (I) Matters for Consideration Pages 1. Director, Community Services, Report ES 01-13 • 1-21 Don Beer Memorial Park— Relocation Recommendation • 1. That Report ES 01-13 from the Director, Community Services regarding the relocation of the Don Beer Memorial Park be received; 2. That Council authorize staff to enter into an Agreement with Transport Canada for the lease of the new park site located at 1607 Highway 7 in Brougham, on such terms as are satisfactory to the Director, Community Services, and the Director, Corporate Services & City Solicitor; 3. That Council authorize staff to enter into an Agreement with the Ministry of Transportation for the cost-sharing of the construction of the Don Beer Memorial Park, substantially in the form as attached to this report; and • 4. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 2. Director, Community Services, Report CR 01-13 22-32 Community Infrastructure Improvement Fund Recommendation • 1. That Report CR 01-13 from the Director, Community Services be received; 2. That Council authorize the Mayor and the City Clerk to execute two contribution agreements for funding under the Community Infrastructure Improvement Fund for project C0930 Pickering Recreation Complex Banquet Hall and Washroom Renovations for a contribution of up to $228,719.00, and Accessible • For information related to accessibility requirements please contact PICKET NG Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Iroberts( ickerina.ca Cal ot, Executive Committee Meeting Agenda , ,=; _ M t"'�'�''. = - Monday, January 21 , 2013 PI KERING Council Chambers 7:00 pm Chair: Councillor Dickerson project C0969 West Shore Community Centre Entrance and Washroom Renovations for a contribution of up to $104,677.00; 3. That Council provide a pre 2013 Capital Budget approval for the West Shore Community Centre Entrance and Washroom Renovations; 4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance the West Shore Community Centre Entrance and Washroom Renovations project in the amount of$314,344.00 as follows: a) the sum of$104,677.00 from the Community Infrastructure Improvement Fund; b) the sum of $209,000.00 by an internal loan for a period not to exceed five years at a rate to be determined; c) the balance of$667.00 from property taxes; 5. That Council approve the engagement of Jurecka + Associates Architects Inc. for the Architectural Services for the West Shore Community Centre Entrance and Washroom Renovations at a gross cost of$32,035.50 (HST included) and a net project cost of$28,848.96; and • 6. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. 3. Director, Corporate Services & City Solicitor, Report FIN 01-13 33-37 2013 Interim Levy and Interim Tax Instalment Due Dates Recommendation 1. That Report FIN 01-13 of the Director, Corporate Services & City Solicitor be received; 2. That an interim property tax levy be adopted for all realty property classes for 2013; Executive Committee Meeting Agenda w11iJ�' —' Monday, January 21, 2013 PICKERING Council Chambers 7:00 pm Chair: Councillor Dickerson 3. That the interim property tax levy tax instalment due dates be February 26 and April 26, 2013; 4. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. (Ill) Other Business (IV) Adjournment • city°, Report to —���— Executive Committee PICKERING Report Number: ES 01-13 Date: January 21, 2013 From: Everett Buntsma Director, Community Services Subject: Don Beer Memorial Park— Relocation - . File: A-1440 Recommendation: 1. That Report ES 01-13 from the Director, Community Services regarding the relocation of the Don Beer Memorial Park be received; 2. That Council authorize staff to enter into an Agreement with Transport Canada for the lease of the new park site located at 1607 Highway 7 in Brougham, on such terms as are satisfactory to the Director, Community Services, and the Director, Corporate Services & City Solicitor; 3. That Council authorize staff to enter into an Agreement with the Ministry of Transportation for the cost-sharing of the construction of the Don Beer Memorial Park, substantially in the form as attached to this report; and 4. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Executive Summary: As part of the Highway 407 East Extension Environmental Assessment, it was recognized that the Don Beer Memorial Park would be impacted by the proposed realignment of Highway 7 to permit the new Brock Road and Highway 407 interchange. Council requested the Ministry of Transportation to relocate and replace the ball diamond, playgrounds and parking, all at the expense of the Ministry of Transportation to compensate for the loss of the park (Report OES 45-09). One of the Minister of the Environment's Conditions of Approval for Highway 407 East is that the Ministry of Transportation compensate the City of Pickering for the loss of Don Beer Memorial Park. Staff have located a suitable site at 1607 Highway 7, owned by Transport Canada and have prepared a concept site plan and cost estimate for the reconstruction of the park at this location. In order to secure the property for City use as the new Don Beer Memorial Park, the City will have to enter into a long-term lease agreement with Transport Canada. 1 Report ES 01-13 January 21, 2013 Subject: Don Beer Memorial Park - Relocation Page 2 As the new park site is larger than the existing site, and some upgrades are being proposed to bring the new facilities up to current standards, the Ministry of Transportation has indicated that they will only cover the costs for direct replacement and not the upgrades. An estimated cost of$900,000 was approved for the park replacement in the 2011 Parks Capital Budget, which was to be 100% funded by the Province. This value needs to be increased by approximately $444,383 to reflect the current estimated costs for the project, which is $1,344,383. As such, approximately $206,365 of the additional $444,383 required is to be funded by the City, and will be recommended in the 2013 Capital Budget and financed through a combination of an internal loan and property taxes. City staff do not have the resources available to prepare tender documents and administer the construction of this project if it is to proceed in 2013. As such, the engagement of a landscape architectural firm is required and will be initiated by staff. Should Council decide not to proceed with the reconstruction of the park at the new location at this time, the Ministry of Transportation is prepared to provide compensation in the amount of$1,035,371. This lump sum represents the Ministry's proportionate share of construction, including 10% for design and contract administration, and the cost for the survey and geotechnical investigations. Financial Implications: The estimated cost of$900,000 approved in the 2011 Capital Budget was based on the replacement value of the Don Beer Memorial Park in its existing size, meanwhile the proposed new park site is larger than the existing site. This increase in size together with some proposed upgrades brings the new facilities up to current standards, resulting in an additional 2013 Capital Budget request of$444,383. The Ministry of Transportation's share of the direct replacement cost will increase by $238,018 from $900,000 to $1,138,018. The City's share of$206,365 toward the project will be financed by a combination of an internal loan of$200,000, and property taxes in the amount of$6,365, subject to 2013 budget approval. Discussion: Through the 407 East Final Individual Environmental Assessment and Preliminary Design Study, August 2009, the City of Pickering was advised that the existing Don Beer Memorial Park site located at 1800 Highway No. 7 would be impacted. The land required to construct the Brock Road and Highway 407 interchange will displace Highway No. 7 further north into the existing park site. Council requested The Ministry Of Transportation to relocate and replace the park features, namely the ball diamond, playgrounds and parking, all at the expense of the Ministry of Transportation (Report OES 45-09). CORP0227-07/01 revised 2 Report ES 01-13 January 21, 2013 Subject: Don Beer Memorial Park - Relocation Page 3 Staff have been working with Transport Canada to find another site in the Hamlet of Brougham community that would be suitable to relocate the park onto. Transport Canada identified 1607 Highway 7 as vacant land under their ownership, that they would be willing to provide at a nominal rate, for the park location. Staff investigated the site and prepared a concept site plan to ensure that the existing park features could be accommodated on this site. A topographic survey and geotechnical investigations were also performed on the site. Pickering Baseball Association, who use the ball diamond at the existing park, were consulted to ensure that the proposed facilities would meet their current needs. They advised that the existing diamond was substandard in size and requested that the diamond be constructed to a size and configuration similar to their Kirky Field in Brockridge Park. The park design includes a hardball diamond complete with a grass infield and lighting, a playground area sized to accommodate the existing play structures, an asphalt basketball court to replace the existing court, a gravel parking area with 32 spaces and associated walkways and perimeter trees. • The estimated cost for the reconstruction of the park is $1,344,383 including design and contingency. As the new park site is larger than the existing site (5.82 acres vs. 3.13 acres) and some upgrades are being proposed to bring the new facilities up to current standards, the Ministry of Transportation has indicated that they will only cover the costs for direct replacement and not the upgrades. As such, approximately $206,365 will be required above what the Ministry is willing to compensate the City. In anticipation of relocating the Don Beer Memorial Park, an estimated amount of $900,000 was approved for the park replacement in the 2011 Parks Capital Budget, fully funded by the Province. This value needs to be increased by $444,383 to reflect the current estimated cost of$1,344,383 for the project. Should Council decide not to proceed with the reconstruction of the park at the new location at this time, the Ministry of Transportation have advised that they will proceed to provide the City with compensation for a future park project. The Ministry is prepared to enter into an Agreement with the City that will fulfill Ministry of Transportations' obligations under the Hwy 407 EA Conditions of Approval. They have advised that they are comfortable with the cost estimate provided to them, excluding compensation for the 10% contingency that was included in the estimate should the City proceed in this manner. The approximate value that would be provided to the City as compensation is $1,035,371. As City staff do not have the resources or available time to prepare tender documents and provide full time contract administration for the construction of this project in 2013, the engagement of'a landscape architectural firm is recommended. CORP0227-07/01 revised 3 Report ES 01-13 January 21, 2013 Subject: Don Beer Memorial Park - Relocation Page 4 The lease with Transport Canada for the existing Don Beer Memorial Park was terminated on October 31, 2012 and the park has since been vacated. A new lease agreement with Transport Canada will be required for the proposed park site. Discussions with Transport Canada have progressed to the point that they are ready to prepare a long-term lease agreement for the property known as 1607 Hwy 7 in Brougham for the new Don Beer Memorial Park. Staff anticipate that the lease agreement and park design can be completed in time for a late spring 2013 construction start and completion of the project in late fall 2013. Attachment: 1. Concept Site Plan 2. Location Map 3. Draft Financial Contribution Agreement from Ministry of Transportation Prepared By: Approved/Endoirsed By: r Arnol• Mostert, ALA Everett B sma., NPD, CMM C••rdinator, Landscape & Parks Director, Community Services Development 1PP ' / ,AI Al l' Richa d Holbo! , P. Eng. Stan Karwowski, MBA, CMA Divi on Head, Engineering Services (Acting) Division Head, Finance & Treasurer A :am Recommended for the consideration of Pickering Cit Council / % gCLAC • 4, Zot 3 Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised 4 • ATTACH M E NT#_..._/_ 'ICI rREPOR-3 ..,5-mil r3 H I G H W A Y 7 . PO .5. 39J 171 29J ..rn +v s 54'46 .,(.. I':' I ',TO 0 \ „,..„ OM .q ICI I ,.r x X NI'i GRAVEL PARKING I� III 4;. mii_ x 6PwcPS 1 I1 I ( 5 RA• A ? S7Xf37 MD (p - --- 0 0 0 0 \0 POi(6W, -_ ...� • I o LP R TB.01 N�r ..r• 'h. c.....1.11:1 50XEP NiP.A \,\piiis . it t \` \ ❑ \\*: II r____] ■ < u- ~= Ell _u ORCHARD ✓'i %H 26■2-0019 *v.....,111 �" _ HEIGHTS DR I-FT RESERVE -&T Si..w PI5 00502-0015 • f) L ,,,:) •r 931315. ' j •••..1 is l�. nMEAGER lPo ry,.(" WN 26402-0006 City of Pickering Community Services Department Don Beer Memorial Park Relocation Concept Site Plan i ATTACH MENT# 229. TO REPORT# cS of-13 __L 0 o , • o ■ -73 fr AEXISTING DON BEER y iMEMORIAL ' 0. % S *\ 4-Iti �a�' � CREE a 0010 PROPOSED DON BEER GR� MEMORIAL 04 t^ C 73 ko \ . il.Sil 1 City of Pickering Community Services Department Don Beer Memorial Park Relocation Location Plan 6 ATF"ACt MENT# 3 TOREPORT#Fs o/-13 of t� THIS AGREEMENT is effective as of the day of 2012. BETWEEN: HER MAJESTY THE QUEEN in right of the Province of Ontario, represented by the Ministry of Transportation for the Province of Ontario (hereinafter referred to as the "Ministry"); -and- City of Pickering (hereinafter referred to as the"City"); WHEREAS on June 3,2010,the Ontario Ministry of the Environment("MOE") approved the Highway 407 East Environmental Assessment,and on July 7,2011 the Federal Canadian Environmental Assessment Agency("CEAA")approved the Highway 407 East Environmental Assessment (the"EA"); AND WHEREAS the Notice of Approval issued by the Ontario Minister of the Environment for the Highway 407 East Environmental Assessment (EA), provided in Condition 12.3, under the heading Municipal Infrastructure, that: "The proponent shall compensate the City of Pickering for the displacement of the recreational facilities located at Don Beer Memorial Park in the City of Pickering. The facilities generally include a baseball diamond with a backstop, lighting, bleachers, outfield fencing, benches, a basketball court, a children's playground with climbing equipment and swing set, a gravel parking area for approximately 25 vehicles, and vehicular access thereto. The proponent shall not be responsible for any costs related to property acquisition." Page 1 of 15 7 Prre,Chf,1 ENT# 3 TO REPORT# 01-13 2) of 15 AND WHEREAS the Ministry, as proponent, intends to open to traffic, by 2015, Highway 407 East Phase 1 which includes 22 kilometres of new east-west highway from Brock Road in Pickering to Harmony Road in Oshawa, and a 10 kilometres north-south highway, West Durham Link (WDL), connecting Highway 407 East to Highway 401; AND WHEREAS the City operates the existing recreational facilities located at Don Beer Memorial Park(the"Park")in the City of Pickering; AND WHEREAS the City intends to replace the Park that will be displaced with the construction of the Highway 407 East; AND WHEREAS the Ministry and the City have agreed to enter into this agreement whereby the Ministry will compensate the City for the displacement of the Park, thereby fulfilling the Ministry's obligation in condition 12.3 of the Notice of Approval, and to set out the mutually agreed upon terms and conditions for the replacement of the Park, as shown in Schedule"A"; NOW THEREFORE in consideration of the mutual covenants and agreements of the Parties hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties covenant and agree as follows: DEFINITIONS 1. In this Agreement, a) "Administrative Overheads", means any amounts associated with City staff working on Page 2 of 15 8 AT TACHMENT#__3___TOREPORT# CS 01-13 _L.of or providing administrative support for the Works; b) "Park" means the existing recreational facilities located at the Don Beer Memorial Park located in the City of Pickering at 1800 Highway 7, which generally include a baseball diamond with a backstop, lighting, bleachers, outfield fencing, benches, a basketball court, a children's playground with climbing equipment and swing set, a gravel parking area for approximately 25 vehicles,and vehicular access. c) "Regional Director" means the Regional Director of the Central Region of the Ministry of Transportation for the Province of Ontario,or a nominee. d) "Works" means all the work necessary to relocate the Park to a new property chosen by the City (and located at 1607 Highway 7), including without limitation the detailed design, all necessary environmental approvals, utility . relocations, construction, construction administration,traffic control and safety during construction. SCOPE OF WORK 2. The City shall be responsible for and undertake and execute the Works in accordance with all applicable law and shall ensure that the Works are completed in compliance with: (a) Applicable Ontario Provincial Standards and Specification; (b) Applicable City of Pickering approved standards and specifications (c) Contract drawings and documents; and (d) the terms and conditions of this Agreement and that all Works within the Ministry's right-of-way ("ROW") are subject to Ministry inspection and approval. 3. The City shall be responsible for obtaining all permits required for the Works prior to construction and in compliance with any other applicable provisions in this Agreement. Page 3of15 9 . ATTACHMENT# 3 TOREPORT# LS °1-13 `- of 1 .5 4. In undertaking the Works, the City, as proponent of the Works, shall comply with the Environmental Assessment Act and the Municipal Class Environmental Assessment process and obtain from the Ministry of Environment, as well as the Ministry of Natural Resources, all clearances required by the Environmental Assessment Act(Ontario), if any. 5. The City shall secure all necessary approvals to carry out the Works, including obtaining an encroachment permit and any other permits required from the Ministry and from any other federal agency such as Transport Canada,prior to starting construction of the Works. 6. The City shall be responsible for the design and preparation of the, contract drawings and documents for the Works. The City shall submit the contract design packages to the Ministry for review and for approval of any portion of the Works that involve a highway under Ministry's jurisdiction. 7. The City may, in its discretion,undertake additional work beyond the scope of the Works shown in Schedule "A" of this Agreement. For greater certainty, the parties understand and agree that such additional work is entirely the City's responsibility and that the Ministry shall not provide any financial contribution for such additional works. 8. The City shall obtain the Ministry's approval for any changes to the Works having a cost in excess of fifteen thousand dollars ($15,000). Such approval shall be obtained prior to the additional work being performed and such approval shall not be unreasonably withheld or delayed. The approval of any such changes by the Ministry shall not effect the maximum financial contribution of the Ministry set out in section 16 herein 9. The City shall be fully responsible for traffic control and safety during construction of the Works, including the supply, installation and maintenance of all traffic control devices and warning signs that the Ministry requires within its jurisdiction, which shall be carried out in accordance with Ministry approved standards, specifications,policies and practices. Page 4 of 15 10 AT°TACHMENT#3 TOREPORT# ES oi-13 5 of rS 10. The City shall keep full records of the progress of the Works, including quality assurance and inspection records, and shall provide them, with the exclusion of any personal information which may be contained therein, at the Ministry's request within two business days notice. 11. When the Works are completed under this Agreement or when the City is of the view that the Works are completed, the City shall provide written notice to the Regional Director, and the Regional Director shall cause the Works within Ministry's ROW to be inspected, and if the Regional Director fords the Works have been satisfactorily completed in accordance with the contract drawings and documents, the Regional Director shall give the City written notice that the Works have been completed. CONSTRUCTION TENDER 12. The City shall tender the contract for the construction of the Works. The City shall provide the Ministry with a copy of the unit bid prices for the Works immediately following the close of the tender. 13. The City shall, in its discretion, obtain either a performance bond or a standby irrevocable letter of credit or other performance security as it deems appropriate from the contractor in favour of both the Ministry and the City, in an amount reasonably acceptable to the City, to secure performance of the contract with the City as tendered in accordance with this Agreement. FINANCIAL CONTRIBUTION 14. Subject to section 16 of this Agreement,the Ministry and the City agree that the costs in respect of the Works as detailed in Schedules `B" attached to this Agreement are for estimating purposes only and that it is the intention of the parties to pay the actual costs in accordance with and subject to the terms and conditions set out in this Agreement. For additional clarity, it is Page 5 of 15 11 ATTACHMENT# 3 TO REPORT# ES 01-13 of C7 understood and agreed by the City that it will not seek to recover from the Ministry any amounts for Administrative Overheads, and as such this is indicated by a"zero'amount in Schedule`B'. 15. Subject to section 16 of this Agreement, the Ministry shall reimburse and pay the City for the actual costs of the Ministry's share for each component of the Works as set out in Schedule `B" of this Agreement. 16. The parties understand and agree that, notwithstanding any other provision of this Agreement, the maximum financial contribution by the Ministry to the City in respect of the Works shall not exceed $1,138,017.82, inclusive of applicable taxes (the "maximum financial contribution"). The City shall be responsible for any costs in excess of the maximum financial contribution in respect of the Works. INVOICING 17. The City shall,from time to time,invoice the Ministry for its share of the actual costs payable by the Ministry to the City under this Agreement in respect of the Works. The City shall submit all invoices to the Head, Planning and Engineering, Major Projects Office, Ministry of Transportation, or a nominee. 18. The Ministry shall pay invoices submitted by the City within 60 days. GENERAL 19. The City warrants that it has taken all necessary steps, done all acts, passed all by-laws and obtained all approvals within its power legally required to give it the authority to enter into this Agreement. 20. The City shall accommodate audits by the Ministry of the Works performed by the City at the discretion of the Ministry and on three business days' notice. The City agrees to allow on-site Page 6 of 15 12 ATTACHMENT#3 TOREPORT# ES 01-13 audits by the Ministry during regular business hours. 21. The City shall indemnify and save harmless the Ministry from and against all claims, actions, causes of action or liability for loss, damage, accident or injury (hereinafter referred to collectively as "claims") in any manner arising due to, out of, from or in connection with the Works undertaken and performed by the City, its agents or it's consultants or contractors in connection with this Agreement,howsoever such claims may arise. 22. The City hereby agrees to put in effect and maintain insurance for the duration of the Works, at its own cost and expense indemnifying the City and the Ministry from and against all claims for damage or injury to property and/or persons,including loss of life to persons, occurring on lands affected by the Works mentioned in this Agreement. Such insurance will include but not be limited to the following: (a) Comprehensive general liability insurance in an amount of not less than Five Million ($5,000,000.00) Dollars in respect of bodily injury or death of any one person in any one occurrence; (b) insurance shall be maintained with a company or companies licensed to do business in the Province of Ontario; (c) the City shall ensure that the policy names the Ministry as an additional insured; (d) the City shall promptly furnish the Ministry with certificates of the • insurance signed by the insurance company at the request of the Ministry; and, (e) the policy shall not be subject to cancellation or amendment without reasonable notice to the Ministry and the policy shall contain a cross liability endorsement. Page 7 of 15 13 ATTACkMENT# 3 TOREPORT# ES o/-13 23. Any notices to be given under the provisions of this Agreement shall be in writing and shall be given by personal delivery, or sent by electronic facsimile, or mailed by prepaid registered mail, or delivered by courier service. Subject to change by either party with written notice, notice shall be addressed as follows: To the Ministry: Lou Politano,P.Eng. Regional Director, Central Region Ministry of Transportation 2nd Floor,Building D 1201 Wilson Avenue Downsview, Ontario M3M 1J8 Telephone: (416)235-5400 Facsimile: (416)235-5266 To the City: Ms. Debbie Shields City Clerk,City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 • Telephone: 905-420-4660 Facsimile: 905-420-4650 Notices shall be deemed to have been effectively given on the date of personal delivery, the date of electronic facsimile transmission,or the date of delivery by courier service,or in the case of service by registered mail, five(5) days after the date of mailing. Page 8 of 15 14 ATTACHMENT# 3_ TO REPORT# -S of 713 THIS AGREEMENT shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Parties have executed this Agreement effective as of the day first above written. HER MAJESTY THE QUEEN in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario • MINISTER OF TRANSPORTATION SIGNED this day of 2012. The City of Pickering Title SIGNED this day of 2012. Page 9 of 15 15 ATTACHMENT TO REPORT#E S 0/'13 Page 10 of 15 16 i:krrAcHmENT k._.. To REPORT#E s oH3 SCHEDULE"A"TO AN AGREEMENT BETWEEN THE MINISTRY AND THE CITY OF PICKERING KEY PLAN CITY'S PROPOSED WORK Page 11 of 15 17 ATTACH MENT# 3 rn,.TO PORT# 1=�' G 1-1 3 13 of 15 60200601 0 609 6 622220E 0.1-5.T0.2012 SKETCH SHOWING TOPOGRAPHY OF H I G H Al A Y ] PART OF LOTS 11-14 PLAN 530 AND PART OR LOTS 12-15 PLAN 10 (R o o d b e f w e e b o 0 0 0 0 0 o l o 11 s 5 & 6) CONCESSION 5 • �dt �^ „pa TOWN OF PICKERING a mat b a p tla ., 4t REGIONAL MUNICIPALITY OF DURHAM •.sa.0111x t1-p1.:--- — — —---:—.7,,,= — 7 _ — —— _ _—• � (,__� _"t� SCALE 1 : 500 :•3 f, — — —— _ 2.9J 2.9J um 11 020 ..4— 54.46 OSIwMrM /_ '_ • -- t 0 3 4 p b 10 20 1.. •• IVAN 5. WALLACE O.L.S. LTD. NIB I' r: ,A:t,�r — L ___1i � 1 I zmc� ; �l� GRAVEL `ARKINC� � ;� '�ifii I�1 II ` 1��'I ,'- *P- 0k AI e.191- E4p ofImpaab>.. 417 swop AREA ••� t 1418 — € 1 *4 tr. tr. O ? irk 21- j 1« �j aua�s FLAY A ��Or� 1\,1 #«�_ r:ice v- �►���� 1,`,\1 4 x .� OAP....4 CO j ow Iv : itit j i c new Poe SLLD®AREA \,1 1''1 _ ... — _ 1` —OR i ° ,4711, ; \ \ \ gy TWM � � y 6i �? MOWED\\�\�\� \$9 Ok IL I *MG td d LP +.-l' I,g;; WWII Pup \ \ \ \ ��,�=. ° 'K Eil ECW a wp.tvtM a.a ii 44 1LP? 1, \ ❑ lir �'��\ ��` ° #1624 -x x x-xx_x J` 'a\ L ' N \\p 11 / PIN T. 01-0011 �.. i� ''-s` �.1. n X'' . x x `' j4� , a,tti P )120 NN ORCHARD �X'": �E1 4..• HEIGHTS DR PIN 26402-0019 °f, « ——I— l PIN 26401-0014 1-FT RESERVE C ryN ---GGG z� •J y efsEp I x _ "` ' ft*. ....,0. _ _ x-x-x -x- x-x- PeraW E '� '4,- PIN 26402-0006 Page 12 of 15 18 A T TACHMENT# ..R. TO REPORT# E S of-)3 of. I SCHEDULE "B"TO AN AGREEMENT BETWEEN THE MINISTRY AND THE CITY OF PICKERING ES_ TIMATED COST BY THE CITY . (Estimate as of November 5,2012) • Page 13 of 15 • 19 a ..e. ( i '(iE{`vT# = °f F:EPC)RT# ES. -l3 . of- . . Item Description Est. Unit Unit Total Cost MTO MTO Cost City of Pickering City of No. Qty. Price Share Share Pickering Cost 1.0 Site Preparation 1.1 Clearing, grubbing, removals and disposal Lump Sum $20,000.00 54% $10,1300.00 46% $9,200.00 (note 1) 1.2 Siltation control/tree preservation fence 600 LM $20.00 $12,000.00 100% $12,000.00 0% 1.3 Post and wire fence construction control 85 LM $16.00 $1,360.00 100% $1,360.00 0% fence 1.4 Strip and stockpile topsoil(note 1) Lump Sum $30,000.00 54% $16,200.00 46% $13,800.00 1.5 Rough grade and shape park features, Lump Sum $105,000.00 54% $56,700.00 46% $48,300.00 including load, haul and place materials (note 1) 1.6 Load, Haul and Place Topsoil for fine Lump Sum $20,000.00 54% $10,800.00 46% $9,200.00 grading(note 1) 1.0 Sub-Total: $188,360.00 $107,860.00 $80,500.00 2.0 Site Servicing . 2.1 Storm sewer(300mm dia.or comparable 275 LM $120.00 $33,000.00 100% $33,000.00 0% bioswale construction) 2.2 Catch basin 2 each $2,200.00 $4,400.00 100% $4,400.00 0% 2.3 Catch basin/manhole 3 each $3,800.00 $11,400.00 100% $11,400.00 0% 2.4 Manhole 1 each $3,400.00 $3,400.00 100% $3,400.00 0% 2.5 Culverts(300mm dia.) 6 each $1,200.00 $7,200.00 100% $7,200.00 0% • Hard Ball Field-drainage: 2.7 100mm dia.perforated rigid PVC drain pipe 1200. LM $20.00 $24,000.00 100% $24,000.00 0% 2.8 200mm dia.Solid rigid PVC collector pipe 225 LM $40.00 $9,000.00 100% $9,000.00 0% 2.9 Relocation of Septic Bed 1 .each Lump Sum $15,000.00 0% 100% $15,000.00 • Electrical and Lighting 2.10 Electrical Servicing 1 Lump Sum $40,000.00 100% $40,000.00 0% 2.11 Sports lighting for hard ball fields 1 each $160,000.00 $160,000.00 100% $160,000.00 0% 2.12 Pathway lighting system Lump Sum $30,000.00 0% 100% $30,000.00 2.13 Parking Area lighting systems Lump Sum $15,000.00 100% $15,000.00 0% 2.0 Sub-total: $352,400.00 $307,400.00 $45,000.00 3.0 Hard Landscape 3.1 Gravel parking area(note 2) 1250 m2 $35.00 $43,750.00 84% $36,750.00 16% $7,000.00 3.2 Standard OPSD Driveway Entrance 1 Lump Sum $5,500.00 100% $5,500.00 0% 3.3 Precast concrete curb at parking area(note 21 each $200.00 $4,200.00 100% $4,200.00 0% 3) 3.4 Standard Asphalt Pathways(note 4) 750 m2 $52.00 $39,000.00 10% $3,900.00 90% $35,100.00 3.5 Basketball Court Lump Sum $35,000.00 100% $35,000.00 0% 3:6 Play Area curbing 80 LM $120.00 $9,600.00 100% $9,600.00 0% 3.7 Play Area Safety Surfacing 380 m2 i $35.00 $13,300.00 100% $13,300.00 0% 3.8 Play Area equipment, sign and Lump Sum $6,000.00 100%. $6,000.00 0% commemorative plaque relocation 3.9 Hard Ball Fields Ball fields infield surfacing,homeplate and 1500 m2 $27.00 $40,500.00 100% $40,500.00 0% mound construction(clay) Ball fields sod and field mix 10515 m' $13.50 $141,952.50 100% $141,952.50 0% Ball fields warning tracks 1200 m2 $7.50 $9,000.00 100% $9,000.00 0% Ball fields backstops and player enclosures 1 each $65,000.00 $65,000.00 100% $65,000.00 0% Ball fields line fence 145 LM $115.00 $16,675.00 100% $16,675.00 0% Ball fields home run fence and gates 175 LM $75.00 $13,125.00 100% $13,125.00 0% 5-tier spectators bleachers 2 each $6,500.00 $13,000.00 100% $13,000.00 0% Players benches 4 each $2,500.00 $10,000.00 100% $10,000.00 0% 100% 0% 3.10 Relocation of Benches 3 each $500.00 $1,500.00 100% $1,500.00 0% 3.11 Waste receptacle 1 each $500.00 $500.00 100% $500.00 0% 3.0 Sub-total: $467,602.50 $425,502.50 $42,100.00 4.0 Soft Landscaping 4.1 Perimeter Trees 60 each $350.00 $21,000.00 100% $21,000.00 0% 4.2 Fine grade and seed 4500 m2 $1.30 $5,850.00 100% $5,850.00 0% 4.3 Fine grade and sod 4500 m2 $3.20 $14,400.00 100% $14,400.00 0% 4.0 Sub-total: $41,250.00 $41,250.00 $0.00 5.0 Miscellaneous 5.1 Mobilization and Demobilization costs Lump Sum $20,000.00 100% $20,000.00 0% 5.2 Costs of Bonding Lump Sum $15,000.00 100% $15,000.00 0% 5.0 Sub-total: $35,000.00 $36,000.00 $0.00 6.0 Summary Total Sections 1.0-5.0 $1,084,612.50 $917,012.50 $167,600.00 10%contingency $108,461.25 $91,701.25 $16,760.00 sub-total $1,193,073.75 $1,008,713.75 $184,360.00 Design and Construction $119,307.38 $100,871.38 $18,436.00 Administration Fees @ 10% Construction Sub-total: $1,312,381.13 $1,109,585.13 $202,796.00 7.0 Pre-design Works: 7.1 Topographic survey Lump Sum $3,950.00 $3,950.00 7.2 Geotechnical Investigations Lump Sum $4,800.00 $4,800.00 Predesign Works Sub-total $8,750.00 $8,750.00 $0.00 Total Construction&Pre- $1,321,131.13 $1,118,335.13 $202,796.00 design Costs: Administrative Overheads $0.00 $0.00 $0.00 Net H.S.T.@ Page 14 of 15 1.76% $23,251.91 $19,682.70 $3,569.21 Total Estimated Price:! $1,344,383.031 1 $1,138,017.821 1 $206,365.211 Notes 20 1 existing park area is 12,573 sq m and proposed construction area approx 23,560 sq m-existing park 54%of proposed developed area 2 existing parking lot is 1050 sq m in area 3 precast curbs proposed in lieu of wooden post parking barrier ATTACHMENT w OR, �� of-�3 Schedule`B"Notes: - Cost sharing will be base on actual costs rather than estimated costs. - - The Ministry shall not be responsible for the cost to operate,maintain and provide energy for the illumination,and any other operational costs for the New Don Beer Memorial Park. - The parties agree that the maximum financial contribution by the Ministry to the City to satisfactorily complete the Works shall not exceed$1,138,017.82(inclusive of applicable taxes). Page 15 of 15 21 City o¢ Report to Executive Committee PICKERING Report Number: CR 01-13 Date: January 21, 2013 From: Everett Buntsma Director, Community Services Subject: Community Infrastructure Improvement Fund - File: A-1440 Recommendation: 1. That Report CR 01-13 from the Director, Community Services be received; 2. That Council authorize the Mayor and the City Clerk to execute two contribution agreements for funding under the Community Infrastructure Improvement Fund for project C0930 Pickering Recreation Complex Banquet Hall and Washroom Renovations for a contribution of up to $228,719.00, and project C0969 West Shore Community Centre Entrance and Washroom Renovations for a contribution of up to $104,677.00; 3. That Council provide a pre 2013 Capital Budget approval for the West Shore Community Centre Entrance and Washroom Renovations; . 4. That Council authorize the (Acting) Division Head, Finance & Treasurer to finance the West Shore Community Centre Entrance and Washroom Renovations project in the amount of$314,344.00 as follows: • a) the sum of $104,677.00 from the Community Infrastructure Improvement Fund; b) the sum of $209,000.00 by an internal loan for a period not to exceed five years at a rate to be determined; c) the balance of$667.00 from property taxes; 5. That Council approve the engagement of Jurecka + Associates Architects Inc:for the Architectural Services for the West Shore Community Centre Entrance and Washroom Renovations at a gross cost of$32,035.50 (HST included) and a net project cost of$28,848.96; and 6. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. 22 • Report CR 01-13 January 21, 2013 Subject: Community Infrastructure Improvement Fund Page 2 Executive Summary: The City of Pickering has been approved for support under the Community Infrastructure Improvement Fund (CIIF) for Pickering Recreation Complex Banquet Hall and Washroom Renovations for up to $228,719.00, and West Shore Community Centre Entrance and Washroom Renovations for up to $104,677.00. To receive the approved federal grant funding, a Council Resolution is required, authorizing the Mayor and the City Clerk to execute two contribution agreements for funding under the Community Infrastructure Improvement Fund for project C0930 Pickering Recreation Complex Banquet Hall and Washroom Renovations, and project C0969 West Shore Community Centre Entrance and Washroom Renovations. To advance this project in a timely manner with a goal to complete the West Shore Community Centre Entrance and Washroom Renovations prior to July, 2013, staff recommend that Jurecka + Associates Architects be engaged to prepare tender documents and specifications. Financial Implications: The successful Community Infrastructure Improvement Fund grant applications will allow the Pickering Recreation Complex Banquet Hall and Washroom Renovation Project, and West Shore Community Centre Entrance and Washroom Renovations Project to proceed this year. The total federal grant funding for these two projects is $333,396.00. The City's share of funding for these two projects will be reduced from $1,101,187.00 to $767,791.00. These projects are included in the proposed 201.3 Capital Budget. Discussion: On July 5, 2012 the Government of Canada announced the launch of the Community Infrastructure Improvement Fund (CHF). The Federal Economic Development Agency for Southern Ontario is delivering the program in Ontario with an allocation of$49.6 million to be spent over the years. The Community Infrastructure Improvement Fund is for the rehabilitation or improvement of existing community infrastructure assets. The work to be undertaken had to be construction activity that would not otherwise have been constructed by March 31, 2014, were it not for funding from Community Infrastructure Improvement Fund. Construction of new infrastructure was not eligible. The City of Pickering has been approved for funding under the Community Infrastructure Improvement Fund for the Pickering Recreation Complex Banquet Hall and Washroom Renovations, and the West Shore Community Centre Entrance and Washrooms. These projects are included in the proposed 2013 Capital Budget. 23 Report CR 01-13 January 21, 2013 Subject: Community Infrastructure Improvement Fund Page 3 Pickering Recreation Complex Banquet Hall and Washroom Renovations The total project cost is $786,843.00. The Community Infrastructure Improvement contribution will be up to $228,719.00. The work will include replacement of lighting with new energy efficient lighting controls and fixtures; redesigning, renovating and upgrading washroom facilities to bring up to the standards of the Accessibility for Ontarians with Disabilities Act, installation of new flooring, and replacing the sound system and installing a new audio visual system. West Shore Community Centre Entrance and Washroom Renovations The total project cost is $314,344.00. The Community Infrastructure Improvement Fund contribution will be up to $104,677.00. The work will include installing an accessible entrance to the community centre which includes a ramp and railing, redesigning and installing an upgraded interior entrance space, replace lighting with new energy efficient lighting controls and fixtures, upgrading existing washroom facilities and constructing an accessible washroom. The federal Community Infrastructure Improvement Fund contribution is based on 33.3 per cent of the eligible project costs submitted at the time that the grant application was submitted (August 24, 2012). To receive the approved federal grant funding, a Council Resolution is required, authorizing the Mayor and the City Clerk to execute two contribution agreements for funding under the Community Infrastructure Improvement Fund for project C0930 Pickering Recreation Complex Banquet Hall and Washroom Renovations, and project C0969 West Shore Community Centre Entrance and Washroom Renovations. The Community Infrastructure Improvement Fund program offers an opportunity for the City to receive grant funding for two high priority capital projects. To advance this project in a timely manner with a goal to complete the West Shore Community Centre Entrance and Washroom Renovations prior to July 1, 2013, staff recommend that Jurecka +Associates Architects be engaged to prepare tender documents and specifications. Attached is a proposal from Jurecka + Associates Architects to provide the City with architectural services for the West Shore Community Centre Entrance and Washroom Renovations at a cost of$28,350.00 plus HST. Jurecka + Associates Architects worked with staff in August preparing the plans and budget for the Community Infrastructure Improvement Fund grant application. Council approval is required to engage Jurecka + Associates Architects for the architectural services for the West Shore Community Centre Entrance and Washroom Renovations project prior to the approval of the 2013 Capital Budget. Jurecka + Associates Architects have worked with the City on many renovation projects in the past and are familiar with the West Shore Community Centre. Jurecka + Associates Architects Inc. has already been engaged to provide architectural services for the Pickering Recreation Complex Banquet Hall and Washroom 24 Report CR 01-13 January 21, 2013 Subject: Community Infrastructure Improvement Fund Page 4 Renovations ($30,000.00 was approved in the 2010 Capital Budget for design costs to modernize Banquet Halls). Construction for the Pickering Recreation Complex Banquet Hall and Washroom Renovations is tentatively scheduled to commence the first of July 2013. Attachments: 1. Community Infrastructure Improvement Fund approval letter for the Pickering Recreation Complex Banquet Hall and Washroom Renovations dated December 7, 2012 2. Community Infrastructure Improvement Fund approval letter for the West Shore Community Centre Entrance and Washroom Renovations dated December 7, 2012 3. Letter from Jurecka + Associates Architects Inc. dated December 14, 2012 4. Location Map Prepared By: Approved/E ,rased B. Stephen olds Everett Bunt m. Division Head, Culture & Recreation Director, Community Services Approved/Endorsed By: Stan Karwowski (Acting) Division Head, Finance & Treasurer SR:Ir Recommended for the consideration of Pickering _ ity Council - 40, 2.043 Tony Prevedel, P.Eng. Chief Administrative Officer 25 ATTACHMENT# I TO REPORT# 9 1-I Jo go -ID, �«t Minister of State �,+ Ministre d'Etat (Science and Technology) (Sciences et Technologie) (Federal Economic Development ` (Agence federale de developpement Agency for Southern Ontario) `` U economique pour le Sud de('Ontario) Ottawa,Ontario K1 A OH5 DEC 072012 MSC 0006583 Mr.Tony Prevedel Chief Administrative Officer City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Re: C0930 Pickering Recreation Complex Banquet Hall and Washroom Renovations Dear Mr.Prevedel: • I would like to congratulate you on your successful application to the Community Infrastructure Improvement Fund(CIIF). Based on your application and pending necessary financial follow-up, your project will be provided with a non-repayable contribution of up to$228,719. Staff from the Federal Economic Development Agency for Southern.Ontario will contact you in the near future to execute a contribution agreement. This agreement will outline the contracting details, claims information, and communication opportunities for your • funded project. The signed contribution agreement must be accompanied by a resolution of your Council. Please ensure that the resolution references the contribution agreement under the CIIF program,the project title, and the funding amounts approved under the program,as listed in this letter. • For further information,you may call 1-866-593-5505, e-mail infrastructure(-)a,feddevontario.gc.ca, or visit http://www.feddevontario.gc.ca/CIIF. Once again, congratulations,and I encourage you to continue to work on improving the • economic prospects of your community and Canada. Yours sincerely, -�--�� Office of the CAO Received ©Fr . 1 .,2I2 ` File � Follow Up • V,Mayor Com Sery The Honourable Gary Goodyear,P.C., M.P. �CCouuncn C&R ✓ Directors Eng Services SMT Oper&Fac Clerk Corp Services Fire Office Sustain Human Res Plan&Dev. Canada del& LS 26 ATTACHMENT# 2- TO REPORT# ::.OH 3 '-- CRo ciI- Ip. Office of the CAO i,-<;> j'{. ReCeitamitre d'EFr ` Minister of State ` .�. ‘� �I'��4}ff (Science and Technology) i,a' , (3tit.t.�cl �uI30fr) 41/2 (Federal Economic Development ®";': ■ ile (Agency federale de developpement • Agency for Southern Ontario) 4,'''. �``' --- - • -,-- __- = - - '*` ( Follow Up Ottawa,Ontario K� ayor �/ Com Sery /Council C&R DEC 0 7 2012 ✓ Directors Eng Services SMT OpelvIC00006$83 Mr. Tony Prevedel Clerk Corp Services Chief Administrative Officer Fire Office Sustain City of Pickering Human Res Plan & Dev One The Esplanade , Legal& LS Pickering, Ontario L1V 6K7 Re: C0969 West Shore Community Centre Entrance and Washroom Renovations I Dear Mr. Prevedel: I would like to congratulate you on your successful application to the Community Infrastructure Improvement Fund(CIIF). Based on your application and pending necessary financial follow-up,your project will be provided with a non-repayable contribution of up to $104,677. Staff from the Federal Economic Development Agency for Southern Ontario will contact you in the near future to execute a contribution agreement. This agreement will outline the contracting details,claims information, and communication opportunities for your funded project. The signed contribution agreement must be accompanied by a resolution of your Council. Please ensure that the resolution references the contribution agreement under the CIIF program, the project title, and the funding amounts approved under the program, as listed in this letter. For further information, you may call 1-866-593-5505,e-mail infrastructure(a�feddevontario.gc.ca, or visit http://www.feddevontario.gc.ca/CIIF. Once again, congratulations, and I encourage you to continue to work on improving the , economic prospects of your community and Canada. • Yours sincerely, r l The Honourable Gary Goodyear, P.C.,M.P. • Canada . 27 ifs - V TO REPORT# _ . 61 iurecka ± Associates Architects Inc 150 Glendale Ave. Toronto, MGR 212 tel 416-972-9385 December 14, 2012 fix 866-475-7256 wrest. jurecka . ca Marisa Carpino City of Pickering 1 The Esplinade Pickering, Ontario L1V 6K7 Re: Proposal for Architectural Services West Shore Community Centre Entrance and Washroom Renovations Pickering, ON Dear Ms. Carpino,: Last August we developed plans and a budget for upgraded washrooms and an en- traceway at West Shore Community Centre. The program is to include the im- provements to existing washrooms and an accessible unisex washroom beyond those presently provided as well as improving main entrance barrier free access. We have worked with Pickering on many renovation projects in the past and know that we are well suited to the assignment. Thank you for inviting us to make this proposal. We believe that it will meet your requirements but have kept it brief and in outline form but will be pleased to elaborate on any of the points. Sincerely, to(4°-(i,SA)x-vs--- Paul Jurecka Jurecka +Associates Architects Inc. West Shore Community Centre Entrance and Washroom Upgrades. - Design Services Proposal 28 2.0 PROPOSED PROJECT TEAM Architects: JURECKA +ASSOCIATES, ARCHITECTS INC. Project Architect Paul Jurecka, OAA • Prinicipal Jurecka+Associates coordination, liaison,project management Project Designer Blair Jurecka, B Arch Associate, Jurecka+Associates Lea Wiljer, OAA LEEDap Associate, Jurecka+Associates Mechanical ESTI CONSULTANTS INC. Engineers 214 Merton Street, Suite 202 Project Principal:Eric Wong,M.E.Sc.,P.Eng. Toronto, Ontario M4S 1A6 Senior Designer Boban Spirovsky Tel. 416 499-8000 Fax 416 499-7446 Electrical LKL ENGINEERING LTD. Engineers 50 Sheila Crescent Project Principal Lawrence Lee, P.Eng. Toronto, Ontario M4P 2X7 Tel. 416 487-5256 Fax 416 487-9766 Structural J.R. JONES ENGINEERING LIMITED Engineers 107 Holland Street East Project Principal:James Jones, P.Eng. Bradford, Ontario L3Z 2A9 Tel. 905 778-8809 Fax 905 778-8820 West Shore Community Centre Entrance and Washroom Upgrades. - Design Services Proposal • 29 3.0 WORK PROGRAM 3.1 PHASE 1- PRE DESIGN and DESIGN 3.1.1 Confirm and refine program requirements We will meet with the Designated Stakeholders Group to confirm layouts and detailed scope of work. 3.1.2 Confirm base drawings & measure conditions We will conduct a site visit to check and confirm dimensions and building configuration provided to us on as-built drawings. We will survey existing conditions and make detailed notations of items to be considered and/or re- paired. .3.1.3 Design Development We will select all finishes and fixtures and present them for review. We will meet with the principal stakeholders, present the options, note comments and circulate revisions. 3.2.1 Prepare tender documents and specifications The information learned in previous phases will be developed and refined - into documents and specifications suitable for pricing. Drawings will describe the modifications in plans, sections, and interior ele- vations and will include but not be limited to demolition plans, detailed floor plans, reflected ceiling plans and any required supplementary details and schedules to thoroughly describe the scope. All work will be drawn in lay- ers on AutoCAD, and provided to you in a format suitable for your records. 3.2.2 Tender and contract award We will incorporate the City's Quotation Requirements, General Conditions and any other prescribed legal documents with the construction drawings. We will provide information to your selected contractors in the form of an "e- tender", answer questions that arise out of the pricing exercise, issue ad- denda as required, review the quotations received, and recommend award. 3.2.2 Permit Under OBC 2007, all Assembly occupancy changes require permits. We will fill out forms and apply for a permit(in the clients name) and follow up as required. 3.3.1 Contract Administration, Site Review-7 visits Arch, 2 each Eng We will meet with the General Contractor and City representative, provide clarifications as required, and document any required°changes or instruc- tions required. We will confirm compliance with the contract documents and report discrepancies. We will supply reviews and close out documents to the City. West Shore Community Centre Entrance and Washroom Upgrades. - Design Services Proposal 30 3.0 -FEES The identified scope of coordinated consulting services as described in your Scope of Work will be done for fees as estimated below. Fees include for all salaries, overhead, and general conditions. Out of office printing, couriers, and permitted expenses will be invoiced to the City at our cost. - ARCHITECTURAL $ 19,300.00 MECHANICAL ENGINEERING: $ 2,250.00 ELECTRICAL ENGINEERING: $ 2,800.00 STRUCTURAL ENGINEERING: $ 3,500.00 CONSULTING TEAM TOTAL $ 27,850.00 ESTIMATED REIMBURSIBLE EXPENSES $ 500.00 Hourly Rates: Principal Architect: Paul Jurecka $ 125.00/hour Associates B.Jurecka, L.Wiljer $ 105.00/hour Designers/Drafting $ 65.00/hour Engineering Resources Eric Wong $145.00/hour Lawrence Lee $130.00/hour Jamie Jones $130.00/hour Design engineer/Technician $ 95.00/hour West Shore Community Centre Entrance and Washroom Upgrades. - Design Services Proposal 31 ATTACHMENT#F 4- TO REPORT# GR OI— 13 PP .� n N >-- ( i il ''\\ '0, I(j1 SUB ECT r; /f/i/1 D _.,..ASP - �; qitii sy, I �r \ D� �ENBAKER COURT r Q IN,-------r,-6-P\C> P -- O J i � J \ n 1 1 G R. S RE��..- SUBJECT �✓ SITE e F, � -- WEST ' ORE _____ ilITY 411111111161.111111V FRENCHMAN'S BAY IC:I 1.111,2111911t11-11tDDEllitl5ich mr Silt illa ill t-13111 I. till COMMUNITY SERVICES ATTACHMENT FOR COMMUNITY 4 DEPARTMENT SERVICES REPORT CR 01-13 � _ ENGINEERING DIVISION COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND -tk--Lau _ I , SCALE: DATE: PICKERING RECREATION COMPLEX se. N.T.S Jan 04/2013 WEST SHORE COMMUNITY CENTRE T 32 (ay 4 Report To ' '■ Executive Committee tr- r ,�aiwm� ry--_v PICKERING Report Number: FIN 01-13 Date: January 21, 2013 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: 2013 Interim Levy and Interim Tax Instalment Due Dates Recommendation: 1. That Report FIN 01-13 of the Director, Corporate Services & City Solicitor be received; 2. That an interim property tax levy be adopted for all realty property classes for 2013; 3. That the interim property tax levy tax instalment due dates be February 26 and April 26, 2013; 4. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: Each year, prior to the adoption of the estimates for the year, Council authorizes the adoption of an interim property tax levy. Under Provincial legislation, the interim levy can be no more than 50% of the previous year's annualized taxes. The tax levy raises funds that are used for the continuing operations of the City, Region and the School Boards. These due dates are relatively unchanged from prior years. Financial Implications: Adoption of the recommendations and passing the By-law will allow staff of the Corporate Services Department to bill the 2013 interim levy to all properties. Passing of the By-law will assist the City of Pickering to meet its financial obligations and reduce any borrowing costs. (The first school board payment is due on March 31, 2013). 33 Report FIN 01-13 January 21, 2013 Subject: 2013 Interim Levy and Interim Tax Instalment Due Dates Page 2 Discussion: In accordance with the Municipal Act, 2001, as amended, the City issues Interim property tax bills based on the previous year's annualized taxes. The Province-wide re-assessment is not taken into consideration when calculating the interim taxes payable. For those property owners whose assessment increases or decreases, the impact of the assessment change will be reflected on the 2013 Final tax bill, which has two instalment dates. If a property experienced an assessment increase, due to an additional supplementary or omitted assessment, or a decrease in assessment due to an appeal, demolition or class change, the 2013 interim levy would be based on the adjusted annualized 2012 taxes. However, for those taxpayers that utilize the City's Pre-authorized Payment Plan (PAP), they will have the benefit of spreading any potential tax increase due to re-assessment over the five instalments that occur after the budgets of the City of Pickering have been passed and after the Province sets the 2013 (final) education tax rates. The City currently has approximately 7,500 ratepayers using the PAP program. Taxpayers who have taxes included with their mortgage payments pay their taxes over a 12-month period and also do not experience the impact of re- assessment to the same extent as a taxpayer who pays their taxes on the four regular instalment due dates. Attachments: 1. By-law to Establish the 2013 Interim Instalment Due Dates Prepared By: Approved / Endorsed By: �, t tom v/-� 1 Donn Delong Stan Karwo : Supervisor, Taxatio (Acting) Div sion Head, Finance & Treasurer Paul Bigioni Director, Corp I rat N)e es & City Solicitor Recommended for the consideration of Pickering City Council / / / . 4020(.3 Tony Prevedel, P.Eng. Chief Administrative'Officer 34 ATTACHMENT#I TO REPORT# 3i-r3 The Corporation of the City of Pickering By-law No. Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2013. Whereas Section 317, of the Municipal Act, 2001, S.O.2001, c.25, as amended, provides that the council of a local municipality may, before the adoption of the estimates for the year, pass a By-law levying amounts on the assessment of property, in the local municipality ratable for local municipality purposes; and Whereas, the Council of the Corporation of the City of Pickering deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. Now therefore, the Council of the Corporation of the City of Pickering hereby enacts as follows: 1. The amounts levied shall be as follows: a. For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2012. b. For the multi-residential, commercial and industrial property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2012. c. For the payment-in-lieu property classes, there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and where applicable for school purposes, in the year 2012. 2. For the purposes of calculating the total amount of taxes for the year 2013 under paragraph one, the Treasurer has the authority to prescribe the percentage for the calculation of the interim taxes and if any taxes for municipal and school purposes were levied on a property for only part of 2012 because assessment was added to the collector's roll during 2012, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. 3. The provisions of this By-law apply in the event that assessment is added for the year 2012 to the collector's roll after the date this By-law is passed and an interim levy shall be imposed and collected. 35 By-law No. Page 2 4. Taxes shall be payable to the Treasurer, City of Pickering. 5. When not in default, the payment of taxes, or any instalment thereof, may also be • made at any financial institution permitted by Subsection 346 (2) of the Municipal Act, 2001, S.O. 2001 c. 25, as amended. 6. The Treasurer may mail, or cause to be mailed, all notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S.O. c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from tenants or other persons. 7. The Treasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347(1) and (2) of the Municipal Act 2001, S.O. c.25 as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipal Act 2001, S.O. c.25, as amended. 8. The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2013 taxes, one notice being an INTERIM notice, with two _ instalments under the provisions of Section 342 of the Municipal Act 2001, S.O. 2001, c.25 as amended, as follows: Interim Tax Notice Due date of the first instalment February 26, 2013 - Due date of the second instalment April 26, 2013; or either date adjusted by the Director, Corporate Services & Treasurer. 9. Except in the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the late payment charge of one and one-quarter percent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax or assessment, rent or rate of any instalment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O. c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or instalments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.O. c.25 as amended. 10. In the case of taxes payable in respect of assessments made under Sections 33 and • 34 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, the late payment charge of one and one-quarter percent for non payment of taxes and monies payable as taxes shall be added as a penalty to every tax so payable remaining 36 By-law No. Page 3 unpaid on the first day after twenty-one days from the date of mailing by the Treasurer of a demand for payment thereof and on the first day of each calendar month thereafter in which default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O. c.25 as amended. It shall be the duty of the Treasurer immediately after the expiration of the said twenty-one days to collect at once by distress or otherwise under the provisions of the applicable statutes, all such taxes as shall not have been paid on or before the expiration of the said twenty-one day period, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.O. c.25 as'amended. 11. Nothing herein contained shall prevent the Treasurer from proceeding at any time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and By-laws governing the collection of taxes. 12. Where tenants of land owned by the Crown or in which the Crown has an interest are liable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than thirty days, such employer shall pay over to the Treasurer on demand out of any wages, salary or other remuneration due to such employee, the amount then payable for taxes under this By-law and such payment shall relieve the employer from any liability to the employee for the amount so paid. 13. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. 14. That this By-law is to come into effect on the 1st day of January, 2013.. By-law passed this 28th day of January, 2013. David Ryan, Mayor • Debbie Shields, Clerk 37