The URL can be used to link to this page

Home My WebLink AboutNovember 21, 2016 Council Agenda Monday, November 21, 2016 Council Chambers 7:00 pm For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928. lroberts@pickering.ca Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. -C~of PJCKERJN In Camera Council 6:40 pm I) Invocation Council Meeting Agenda November 21, 2016 Council Chambers 7:00pm Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) Disclosure of Interest Ill) Adoption of Minutes Page Council Meeting Minutes, October 17, 2016 1-14 Executive Committee Minutes, November 14, 2016 15-22 Planning & Development Committee Meeting Minutes, 23-30 November 14, 2016 IV) Presentations V) Delegations VI) Correspondence Corr. 49-16 Corr. 50-16 Corr. 51-16 Corr. 52-16 Corr. 53-16 Corr. 54-16 VII) Committee Reports Report 2016-09 of the Executive Committee Report 2016-07 of the Planning & Development Committee VIII) Reports -New and Unfinished Business Report FIR 03-16 Report CLK 08-16 Report ENG 24-16 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca 31 32 33-50 51-55 . 56-84 -C:~oJ- PJCKERJNG IX) Motions and Notice of Motions X) By-laws XI) Confidential Council -Public Report XII) Other Business XIII) Confirmation By-law XIV) Adjournment Council Meeting Agenda November 21, 2016 Council Chambers 7:00pm 85-87 88-97 98 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca -. Cdt;6f- P1CKER1NG Present: Mayor Ryan Councillors: K. Ashe I. Cumming D. Pickles Absent: M. Brenner B. Mclean Also Present: -Chief Administrative Officer -(Acting) Director, City Development Council Meeting Minutes October 17, 2016 7:00 pm -Council Chambers T. Prevedel K. Bentley P. Bigioni M. Carpino J. Hagg -Director, Corporate Services & City Solicitor R. Holborn D. Shields L. Harker -Director, Culture & Recreation -Fire Chief -Director, Engineering & Public Works -City Clerk -Deputy Clerk (I) Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. A moment of silence was observed to honor the passing of Councillor Rick Johnson. Tony Prevedel, Chief Administrative Officer, advised Council that City staff have contributed to a plaque which will be installed in the Delaney Arena to commemorate Councillor Johnson. Moved by Councillor Ashe Seconded by Councillor Cumming Resolution #204/16 That the rules of procedure be suspended in order to bring forward a motion. Moved by Councillor Pickles Seconded by Councillor Ashe Resolution #205/16 1 Carried 1 -C~of-. PlCKERlNG Council Meeting Minutes October 17, 2016 7:00 pm -Council Chambers That Corr. 45-16 received from Marisa Carpino, Director, Culture & Recreation, seeking Council endorsement to revise Marketing Partnership & Advertising Policy ADM 150 as noted in the attached memorandum be endorsed. 2. Corr.46-16 Matt MacDonald Acting Director of Corporate Services/City Clerk City of Belleville 169 Front Street, Belleville, ON K8N 2Y8 Resolution # 208/16 Moved by Councillor Pickles Seconded by Councillor Cumming Carried That Corr. 46-16 received from Matt MacDonald, Acting Director of Corporate Ser-Vices/City Clerk, City of Belleville, seeking support of a resolution passed on September 26, 2016 to support the efforts to eliminate barriers to employment opportunities for Certified Crop Advisors and allow Ontario farmers the freedom to engage in business with the expert of their choice, be endorsed. 3. Corr.47-16 Lynn Dollin AMO President Association of Municipalities Ontario 200 University Ave., Suite 801, Toronto, ON M5H 3C6 Resolution# 209/16 Moved by Councillor Pickles Seconded by Councillor Cumming Carried That Corr. 47-16 received from Lynn Dollin, AMO President, seeking support for AMO in its work to close the fiscal gap, so all municipalities can benefit from predictable and sustainable revenues to finance the pressing infrastructure and municipal service needs face by municipal governments, be endorsed. Carried 3 3 4 -C~of P1CKER1NG Council Meeting Minutes October 17, 2016 7:00 pm -Council Chambers 4. Carr. 48-16 Gabriel Wildgen Campaign Manager, Humane Society International/Canada Resolution# 210/16 Moved by Councillor Pickles Seconded by Councillor Cumming That Carr. 48-16 received from the Humane Society International Canada seeking Council support to send a letter to the Prime Minister of Canada requesting the reintroduction of a Bill to ban the import of shark fins, be endorsed. (VI) Committee Reports a) Report EC 2016-08 of the Executive Committee 1. Director, Corporate Services & City Solicitor, Report AS 01-16 Animal Shelter Commercial Lease -1688 Highway No.7 Council Decision Carried 1. That the Mayor and City Clerk be authorized to enter into a new Commercial Lease with Transport Canada for the Pickering Animal Shelter, located at 1688 Highway 7, Brougham, for a period of three years, with an option to renew for two more years; 2. That the Mayor and City Clerk be authorized to execute the Commercial Lease as set out in Attachment 1 to this Report, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 2. Director, Corporate Services & City Solicitor, Report CLK 06-16 City Policy ADM 050-Freedom of Information and Protection of Privacy Policy Council Decision That Council approve revised City Policy ADM 050, Freedom of Information and Protection of Privacy Policy (Attachment 1 ). 4 --C~o~- PlCKERlNG 3. Director, Culture & Recreation, Report CR 10-16 Community Engagement Strategy -Annual Status Report Council Decision Council Meeting Minutes October 17, 2016 7:00pm-Council Chambers That Council receive for information the annual status report to the City of Pickering Community Engagement Strategy (Priorities for 2015/16) as per Attachment 1. 4. Director, Culture & Recreation, Report CR 11-16 Consulting Services for a Recreation & Parks Master Plan and Skateboard Park Strategy -Request for Proposal No. RFP-1 0-2016 Council Decision 1. That Proposal No. RFP-1 0-2016, for Consulting Services for a Recreation & Parks Master Plan and Skateboard Park Strategy, submitted by Monteith Brown Planning Consultants in the amount of $194,321.02 (HST included) be accepted;. 2. That the total gross project cost of $213,753.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $192,491.00 (net of HST rebate), be approved; 3. That Council approve the use offunds from account 5780.1505 that were approved for upgrades and repairs to the skateboard facility at Diana, Princess of Wales Park, for the Skateboard Park Strategy component of the Recreation & Parks Master Plan; -4. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $192,491.00 as follows: a) The sum of $31,250.00, as provided for in the 2016 Current Budget Culture & Recreation Administration, be increased to $34,135.00 to be funded from property taxes; b) The sum of $93,750.00, as provided for in the 2016 Current Budget Culture & Recreation Administration, be increased to $102,406.00 to be funded by a transfer from the Development Charges Reserve Funds- Growth Studies (DCRF); c) The sum of $55,950.00, as provided for in the 2015 Capital Budget Parks, to be funded by a transfer from the Rate Stabilization Reserve; and 5 5 6 -Cift;of- PJCKERJNG· Council Meeting Minutes October 17, 2016 7:00 pm -Council Chambers 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 5. Director, Culture & Recreation, Report CR 12-16 Canada Cultural Spaces Fund -Conservation Barn Reconstruction Project Council Decision 1. That Council endorse the City of Pickering's application to the Canada Cultural Spaces Fund for the Conservation Barn Reconstruction Project by way of a Council resolution; 2. That a copy of this report be forwarded to Jennifer O'Connell, MP Pickering - Uxbridge; and 3. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 6. Director, Engineering & Public Works, Report ENG 09-16 Northern Roads Hard Surfacing Strategy Council Decision 1. That the Northern Roads Hard Surfacing Strategy, identifying candidate existing loose surface roads to be upgraded to hard surface roads, from north of Taunton Road to the Uxbridge Pickering Townline, be endorsed by Council; 2. That Council consider funding for candidate roads selected for the Northern Roads Hard Surfacing Strategy through the annual budget process; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 7. Director, Engineering & Public Works, Report ENG 22-16 Browning Avenue Storm Sewer Replacement Tender No. T-13-2016 Council Decision 1. That Tender No. T-13-2016 Browning Avenue Storm Sewer Replacement as submitted by Ambler & Co. Inc. in the total tendered amount of $290,940.53 (HST included) be accepted; 6 -C4Jof-Council Meeting Minutes October 17, 2016 7:00 pm -Council Chambers Pl KERJNG 2. That the total gross project cost of $331,139.00 (HST included), including the tendered amount and other associated costs, and the total net project cost of · $298,201.00 (net of HST rebate) be approved; 3. That Council authorizes the Director, Finance & Treasurer to finance the net project cost in the amount of $298,201.00 as follows: a) the sum of $174,000.00 as provided for in the 2011 Capital Budget- Stormwater Management be financed by the issue of debentures by The Regional Municipality of Durham over a period notto exceed five years; b) the sum of $7 4,644.00 as provided for in the 2011 Capital Budget - Stormwater Management to be funded by a transfer from the Federal Gas Tax Reserve Fund; c) the sum of $170.00 to be funded from property taxes;· d) the sum of $44,448.00 as provided in the 2011 Capital Budget- Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; e) the sum of $4,939.00 as provided in the 2011 Capital Budget- Development Projects to be funded by a transfer from the Development Charges Stormwater Management Reserve Fund; f) the financing and annual repayment charges in the amount of approximately $38,265.00 be included in the annual Current Budget commencing in 2017 or subsequent year in which the debentures are issued and continuing thereafter until the debenture financing is repaid; g) 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; 4. That the draft by-law attached to this report be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8. Director, Engineering & Public Works, Report ENG 23-16 Tender for Squires Beach Road & Clements Road Intersection Improvements & Signalization Tender No. T-3-2016 7 7 8 --C~o~- PJCKERJNG Council Decision Council Meeting Minutes October 17, 2016 7:00 pm -Council Chambers 1. That Tender No. T -3-2016 for Squires Beach Road & Clements Road Intersection Improvements & Signalization as submitted by Montgomery MacEwan Contracting in the total tendered amount of $425,742.56 (HST included) be accepted; 2. That the total gross project cost of $623,691.00 (HST included), including the tender amount and other associated costs, and the total net project cost of $561,653.00 (net of HST) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $561,653.00 as follows: a) the sum of $10,000.00 for the land acquisition as provided in the 2016 Capital Budget -:-Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; b) the sum of $137,913.00 as provided in the 2016 Capital Budget- Development Projects to be funded by a transfer from the Development Charges City's Share Reserve; c) the sum of $413,740.00 as provided in the 2016 Capital Budget- Development Projects to be funded by a transfer from the Development Charges Roads & Related Reserve Fund; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9. Director, Finance & Treasurer, Report FIN 18-16 Section 357/358 of the Municipal Act-:-Adjustment to Taxes Council Decision 1 . That the write-off of taxes as provided for in Attachment 1, in accordance with Sections 357/358 of the Municipal Act, 2001 be approved; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10. Division Head, Human Resources, Report HR-001-16 Respect in the Workplace Policy -HUR 070 8 -Cift;of- PJCKERlNG Council Decision Council Meeting Minutes October 17,2016 7:00pm-Council Chambers That Council approve amendments to the Respect in the Workplace Policy, as set out in Attachment 1, in order to comply with the requirements of the Occupational Health & Safety Act. 11. Director, Corporate Services & City Solicitor, Report LEG 06-16 Duffin Heights Mixed Use Corridor Land Dispositions Council Decision 1. That the City-owned lands in the Duffin Heights Development Area fronting on Brock Road south of Dersan Street (as shown on Attachment 1) be declared surplus to the needs of the City. 2. That City staff be directed to take such steps and do such things as are necessary to effectively market and sell the said lands, and that the sale be exempt from the requirements of the City's Acquisition and Disposal of Land Policy so as to permit the more effective marketing thereof. 3. That, prior to entertaining Offers to Purchase, City staff report back to Council to provide information concerning the manner in which staff proposes to market and sell the lands. 4. That the proceeds of sale of the lands be transferred to the City's Operations Center Reserve Fund in accordance with paragraph 17 of Council budget resolution 143/16. 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Moved by Councillor Pickles Seconded by Councillor Ashe Resolution# 211/16 That Report2016-08 of the Executive Committee meeting held on October 11,2016, be adopted. Carried 9 9 10 -C~o~ Pl(KERJNG (VII) New and Unfinished Business 1. Director, Culture & Recreation, Report CR 13-16 Council Meeting Minutes October 17, 2016 7:00pm-Council Chambers Architectural and Engineering Design Services, Council Chamber & Accessibility Renovations -Request for Proposal No. RFP-9-2016 A brief question and answer period ensued regarding available grant funding for this project. The Chief Administrative Officer confirmed that staff were following up on any opportunities for funding of this project. Resolution# 212/16 Moved by Councillor Cumming Seconded by Councillor Pickles 1. That Proposal No. RFP-9-2016 submitted by AECOM Canada Architects Ltd. in the amount of $132,950.65 (HST included) be accepted; 2. That the total gross project cost of $155,550.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $140,078.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $140,078.00, as provided for in the 2016 Capital Budget Civic Complex, by a transfer from the Rate Stabilization Reserve; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 2. Director, Finance & Treasurer, Report FIN 19-16 Consulting and Professional Services for the Development of Financial System Specifications and RFP Proposal and Vendor Selection Resolution# 213/16 Moved by Councillor Pickles -Seconded by Councillor Cumming 1. That Report FIN 19-16 of the Director, Finance & Treasurer regarding Consulting and Professional Services for the Development of Financial System Specifications and RFP proposal and vendor selection be received; 10 -~of PJCKERJNG Council Meeting Minutes October 17, 2016 7:00 pm -Council Chambers 2. That Council approve the hiring of Deloitte LLP for consulting and professional services in accordance with Purchasing Policy 1 0.03(c), as the assignment is more than $50,000.00; 3. That the fee proposal submitted by Deloitte LLP for Consulting and Professional Services for the Development of Financial System Specifications and RFP proposal and vendor selection in the amount of $110,740.00 (HST included) be accepted; 4, That the total gross project cost of $110,740.00 (HST included) and the total net project cost of $99,725.00 (net of HST rebate) for Consulting and Professional Services for the Development of Financial System Specifications and RFP proposal and vendor selection be accepted; 5. That Council authorize the Director, Finance & Treasurer to fund the total net project cost of $99,725.00 by a transfer from the Financial Systems Reserve; and 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 3. Director, Finance & Treasurer, Report FIN 20-16 Ontario Community Infrastructure Fund -Formula-Based Component Resolution # 214/16 Moved by Councillor Ashe Seconded by Councillor Cumming 1. That the Mayor and City Clerk be authorized to execute the Ontario Community Infrastructure Fund -Formula-Based Component funding contribution Agreement on terms satisfactory to the Director, Finance & Treasurer; 2. That the draft by-law attached hereto be enacted; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11 1 1 12 -Cift;of- PJCKERJNG· (VIII) Notice of Motion Firearms Discharge By-law Council Meeting Minutes October 17, 2016. 7:00 pm -Council Chambers A brief question and answer period ensued regarding any potential exceptions to the Firearms Discharge By-law. The GAO confirmed that he would follow up prior to the next Council meeting. Resolution# 215/16 Moved by Councillor Pickles Seconded by Councillor Cumming Whereas the purpose of the City of Pickering's Discharge of Firearms By-law is to prohibit the discharge of any gun, firearm, airgun or spring gun or any class or type thereof in populated areas; Whereas the City's populated areas are identified in Schedule "A" of the existing Discharge of Firearms By-law as of January 21, 1991; Whereas the populated areas of the City have expanded as a result of residential development that has occurred subsequent to the passage of the Discharge of Firearms By-law, as shown on the map attached to this motion; Whereas the City of Pickering wishes to ensure the safety of residents by prohibiting the use of firearms in all populated areas; and Whereas the Discharge of Firearms By-law should be updated accordingly, Now therefore be it resolved that the City of Pickering amend the existing Discharge of Firearms By-law by amending Schedule "A" thereof to include the map attached to this Notice of Motion. Now therefore be it further resolved that City staff review the scope of the Discharge of Firearms By-law as development within the City progresses, and that staff recommend any further changes to Schedule "A" of the said By-law to account for future development. Carried (IX) By-laws 7516/16 Being a by-law to establish those parts of Lot 18, Concession 3, being Parts 1 to 5, 40R-29349 as public highway. 12 -Cdt;oJ- PJCKERJNG Council Meeting Minutes October 17, 2016 7:00pm-Council Chambers 7517/16 7518/16 7519/16 Being a by-law to authorize the Browning Avenue Storm Sewer Replacement project in the City of Pickering and the issuance of debentures in the amount of $174,000.00. Being a By-law to authorize the execution of the Ontario Community Infrastructure Fund-Formula-Based Funding Component Agreement. Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of Lot 19, Range 3, B.F.C., Part 1, 40R-8832 and Part 1, 40R-10527, in the City of Pickering (A 12/16). Resolution # 216/16 Moved by Councillor Ashe Seconded by Councillor Pickles That By-law Nos. 7516/16 through 7519/16, be approved. Carried (X) Other Business 1. Vacancy on Taxicab Advisory Committee and Site Plan Advisory Committee Moved by Councillor Ashe Seconded by Councillor Pickles Resolution #217/16 That the rules of procedure be suspended in order to bring forward a motion. Moved by Councillor Ashe Seconded by Councillor Pickles Resolution# 218/16 Carried That due to the vacancy on the Taxicab Advisory Committee, Council appoint Councillor Cumming to the Committee. Carried 13 13 14 -Cift;oJ- PJCKERJNG Council Meeting Minutes October 17, 2016 7:00 pm -Council Chambers Resolution# 219/16 Moved by Councillor Ashe Seconded by Councillor Cumming That due to the vacancy on the Site Plan Advisory Committee, Council appoint Councillor Pickles to the Committee. Carried 2. Councillor Pickles requested that staff follow up regarding the street naming procedure to ensure consistency when streets are named after a firefighter by naming the street with the first and last name of the firefighter. (XI) Confirmation By-law By-law Number #7520/16 CounCillor Pickles, seconded by Councillor Cumming, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of October 17, 2016. (XII) Adjournment Moved by Councillor Cumming Seconded by Councillor Ashe That the meeting be adjourned at 7:30 pm. Dated this 17th day of October, 2016. Mayor Ryan Debbie Shields City Clerk 14 Carried Carried ,...-., I ---CiL~:d (I~ ··---~ {.1 '• PlCKERl G Present: Mayor Ryan Councillors: K. Ashe M. Brenner I. Cumming B. Mclean D. Pickles Also Present: -Chief Administrative Officer -(Acting) Director, City Development Executive Committee Meeting Minutes November 14, 2016 2:00 pm Council Chambers Chair: Councillor Mclean T. Prevedel K. Bentley P. Bigioni M. Carpino J. Hagg -Director, Corporate Services & City Solicitor R. Holborn S. KaJWowski C. Grant C. Rose D. Shields M. Gadzovski D. Quaife K. Senior J. Halsall B. George L. Harker -Director, Culture & Recreation -Fire Chief -Director, Engineering & Public Works -Director, Finance & Treasurer -Chief Executive Officer, Pickering Public Library -Chief Planner -City Clerk -Division Head, Water Resources & Development Services -Manager, Information Technology -Manager, Accounting Services · -Manager, Budgets & Internal Audit -Local History & Genealogy Librarian, Pickering Public Library '" Deputy Clerk (I) Disclosure of Interest No disclosures of interest were noted. (II) Delegations 1. Paula Jesty, Deloitte LLP Re: Report FIN 22-16 1 15 16 -Cdfjof- PJCKERJNG Executive Committee Meeting Minutes November 14, 2016 2:00 pm Council Chambers Chair: Councillor Mclean Paula Jesty, Deloitte LLP, appeared before the Committee to outline the 2016 Year End Audit. Ms. Jesty provided an overview of the audit, and noted areas of risk to the City. A brief question and answer period ensued. Moved by Councillor Ashe Seconded by Mayor Ryan That the rules of procedure be suspended in order that Item # 1 be dealt with at this time. 1. Director, Finance & Treasurer, Report FIN 22-16 2016 Year End Audit Recommendation Moved by Councillor Ashe Seconded by Mayor Ryan Carried 1. ThattheAudit Service Plan as submitted by Deloitte LLP, included as Attachment 1 to this report be received for information; and 2. That the Chief Administrative Officer and the Division Head, Finance & Treasurer be authorized to sign the Master Services Agreement on behalf of the City. 2. Lorraine Sunstrum-Mann Executive Director, Grandview Children's Centre Re: Update on Activities of Centre · Carried Lorraine Sunstrum-Mann, Executive Director, Grandview Children's Centre, appeared before the Committee to provide an update on activities of the Centre. Ms. Sunstrum- Mann provided an overview of the services provided by the Centre, and noted that the demand for services is growing and that there are still many children awaiting treatment or services. She noted the Centre's plans for expansion to a new headquarters, and requested Council's support in this expansion by writing a letter of support to the Premier. Mayor Ryan left the meeting at 2:15 pm. 2 ---C!:lu ----Executive Committee Meeting Minutes November 14, 2016 2:00 pm Council Chambers Chair: Councillor Mclean (/ Pl KER1 G 3. . Cathy Grant, CEO Pickering Library Bruce Fountain, Senior Associate, TCI Management Consultants Re: Report LIB 01-16 Cathy Grant, CEO, Pickering Library, appeared before the Committee to provide an overview of the Pickering Local History Collection Strategic Plan. This plan provides a solution to the need for safer storage of Pickering's historical documents, along with a clear strategy for the development of the Library's Local History Service. Becky George, Local History & Genealogy Librarian, appeared before the Committee to provide a status update on the current state of the City's Local History Service. Ms. George noted · that the Library is currently atcapacity and no longer accepting donations of historical items, and that this expansion is necessary to continue to preserve historical items. Bruce Fountain, Senior Associate, TCI Management Consultants, appeared before the Committee to provide ail overview of the plan,.noting a number of benefits totneCity. A question and answer period ensued regarding why the Library can no longer accept items of historical value, and how the City compares to similar-sized municipalities when it comes to historical preservation. Mayor Ryan returned to the meeting at 2:30 pm . .4. Dale Quaife, Manager, Information Technology Re: Smart21 Communities Dale Quaife, Manager, Information Technology, appeared before the Committee regarding the City's nomination as one of the world's Smart21 Communities of 2017 by the Intelligent Community Forum. Smart21 recognizes the world's leading municipalities that are successfully leveraging the power of technology to create a more connected, engaged, vibrant and sustainable community. Mr. Quaife noted that IT staff are currently working on the next stage of this process to be considered in the Top7 Intelligent Communities which will be announced in February. (Ill) Matters for Consideratfon 2. CEO, Pickering Public Library, Report LIB 01-16 Pickering Local History Collection Strategic Plan Recommendation Moved by Councillor Brenner Seconded by Councillor Cumming 3 17 22 ' I ----()<v ci--- PlCKERlNG Executive Committee Meeting Minutes November 14, 2016 2:00 pm Council Chambers Chair: Councillor McLean 3. That LV. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 4. That the Director, Finance & Treasurer be authorized to settle any claims including employing resource$ to investigate and defend claims, adjusting and legal fees, where it is in the City's interest to do so; 5. That the Director, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and ·alter terms and conditions as becomes desirable or necessary to limit potential liability exposure and to protect the assets of the City and its elected officials and staff; and · · 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10. pivision Head, Human Resources, Report HUR 02-16 OMERS Normal Retirement Age Conversion -Fire Non-union Management Group Recommendation Moved by Councillor Ashe . Seconded by Councillor Cumming Carried 1. That Council enact a By-law to amend the normal retirement age from 60 years under the Ontario Municipal Employees Retirement System (OMERS) primary pension plan to provide that the normal retirement age for the Fire Non-union Management Group shall be 65 years effective January 1, 2017; and 2. That the appropriate officials be authorized to take the necessary actions included in this report. ·· Carried (IV) Adjournment The meeting adjourned at 3:02 pm. 8 -Ci/jof- PJCKERlNG Planning & Development Committee Meeting Minutes November 14, 2016 7:00 pm -Council Chambers Chair: Councillor Pickles Present: Mayor Ryan Councillors: K. Ashe M. Brenner I. Cumming B. Mclean D. Pickles Also Present: T. Prevedel K. Bentley P. Bigioni C. Rose D. Shields J. Brooks N. Surti D. Jacobs D. Wylie C. Hodge. F.Jadoon L. Harker -Chief Administrative Officer -(Acting) Director, City Development -Director, Corporate Services & City Solicitor -Chief Planner -City Clerk -Manager, Policy & Geomatics -Manager, Development Review & Urban Design -Principal Planner-Policy -Principal Planner-Development Review -Coordinator, Economic Development -Coordinator, Economic Development -Deputy Clerk (I) Disclosure of Interest No disclosures of interest were noted. (II) Part 'A" Information Reports Councillor Pickles, Chair, gave an outline of the requirements for a Statutory Meeting under the Planning Act. He outlined the notification 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 23 24 r'>h/1 i ---~oo--- PJCKERJNG Planning & Development Committee Meeting Minutes November 14, 2016 7:00 pm -Council Chambers Chair: Councillor Pickles Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the public portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 1. Information Report No. 14-16 Zoning By-law Amendment Application A 11/16 Draft Plan of Subdivision Application SP-2016-03 Draft Plan of Condominium Application CP-2016-04 Fortress Munir 2013 Ltd. South Part of Lot 18, Concession 2, Parts 4-10, Plan 40R-28897 (2055 Brock Road) A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Deborah Wylie, Principal Planner-Development Review, appeared before the Committee to provide an overview of the application. Dana Anderson, MHBC Planning Urban Design & Landscape Architecture, appeared before the Committee in support of the application and was available to answer questions. Dragos Nita, 1620 McBrady Crescent, appeared before the Committee and expressed his concerns with the potential increase in traffic and wanted to ensure the City conducts traffic studies prior to approval. (Ill) Part "B" Planning & Development Reports 1. (Acting) Director, City Development, Report PLN 17-16 Official Plan Amendment Application OPA 15-004/P Amendment 27 to the Pickering Official Plan Informational Revision 22 to the Pickering Official Plan, City Initiated Official Plan Review: The Environment and Countryside Mary Delaney, Land Over Landings, appeared before the Committee in opposition to the proposed airport in Pickering. Ms. Delaney stated that Council has never been publicly in support of an airport, and that this decision should not be made without local representation. Ted Nickerson, President, Durham Gateway Partners, appeared before the Committee in support of an airport in Pickering. Mr. Nickerson believes an airport will be an economic driver and that there will be a need for an airport with air passenger volumes 2 -Cdpof- PlCKERlNG Planning & Development Committee Meeting Minutes November 14, 2016 7:00 pm -Council Chambers Chair: Councillor Pickles increasing. He supports the key planning components to moving forward with development in this area. Dave Steeves, a Markham resident, Pickering Airpark Partnership, appeared before the Committee in full support of the proposed airport. Mr. Steeves is an advocate for aviation business and drew examples of other municipalities where economic development boomed following the opening of an airport. He believes an airport will bring economic value to Pickering, will increase social and community value, and there will be measures to protect the environment. · Cheryl Marek, an Oshawa resident, Canadian Owners and Pilots Association, appeared before the Committee in support of an airport in Pickering. Ms. Marek believes an airport will be an economic driver for Pickering and would like her association to be involved in the process and wanted to be added to the interested party listing. Mike Muise, Claremont District Community Association, appeared before the Committee to enquire if the City Councillor, Ward 3 position would be filled by appointment or by by-election. Mark Tutton, a Toronto resident, Dorsay Development Corporation, appeared before the Committee in support of an airport in Pickering. Mr. Tutton expressed his concerns with the potential capacity of a future airport, and noted that consideration of this needs to be expanded to all those affected. Chris Kakouros, a resident of Pickering, appeared before the Committee in opposition to a potential airport in Pickering. Mr. Kakouros noted his concerns with the development process and the rounding out of the hamlet lands, and is especially concerned that there is no current local representation in Ward 3. Ryan Turnbull, 950 Duncannon, appeared before the Committee in opposition to a potential airport in Pickering. As a sustainability consultant, Mr. Turnbull studies sustainable food lands and believes that agriculture is an incredibly valuable asset. He questioned why transportation needs are being considered before the basic food needs of the people, and is in favour of looking at the Federal lands to solve our broken food system. Michael Robertson, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. Mr. Robertson noted his concerns include an increase in pollution, and the loss of agricultural lands. Michael Reneau, Claremont District Community Association, appeared before the Committee in opposition to a potential airport in Pickering. Mr. Reneau expressed his 3 25 26 -~of PJCKERJNG Planning & Development Committee Meeting Minutes November 14, 2016 7:00 pm -Council Chambers Chair: Councillor Pickles concerns with the lack of communication between the City and its residents, and requested a grassroots open house to discuss this issue. Tracy Goodwin, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. Ms. Goodwin expressed her concerns with the stormwater runoff, which is disrupting the local wildlife, and wants these lands to be protected. Christopher Goeldner appeared before the Committee in opposition to a potential airport in Pickering. Mr. Goeldner expressed his concerns with a decision being made in these lands without local representation, and would like a by-election to ensure the community is adequately represented. Angie J.ones, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. Ms. Jones is concerned with the lack of transparency in decision making at the City, and believes that prime farmland should trump an_ airport. Steve Watts, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. Mr. Watts suggests waiting for the business case to be made for an airport, and that the appropriate studies need to be conducted prior to approval. ' David Sim, a Pickering resident, appeared before the Committee in support of an airport in Pickering. Mr. Sim noted that Pearson Airport will soon be at capacity and wants the City to have the opportunity to increase job opportunities and tax revenues. Sandra Campbell, a Toronto resident, Abundance GTA, appeared before the Committee in opposition to a potential airport in Pickering. Ms. Campbell expressed her concerns with urban sprawl. The Committee took a ten minute recess and reconvened at 9:30 pm. James Calder, VP, Policy, Pickering-Uxbridge Federal Liberal Association, appeared before the Committee to relay a policy proposal from the Pickering-Uxbridge Federal Liberal Association in opposition to a potential airport in Pickering. In the absence of a business case, they would like the lands to be protected from the development of an airport. Mike Borie, a Pickering resident, appeared before the Committee in opposition to a potE3ntial airport in Pickering. Helen Frank, a Toronto resident, appeared before the Committee in opposition to a potential airport in Pickering. Ms. Frank wants to preserve the agriculture. 4 -~66- PlC ERlNG Planning & Development Committee Meeting Minutes November 14, 2016 7:00pm-Council Chambers Chair: Councillor Pickles Jennifer Moore, 5279 Old Brock Road, appeared before the Committee in opposition to a potential airport in Pickering. Ms. Moore commented that studies support that nature and fresh air are protective factors for mental health and that we should not be developing our land, but protecting it. Ms. Moore also expressed her concerns with the lack of transparency with this project, and requested that there be increased communication between residents and the City. Cookie Roscoe, a Toronto resident, appeared before the Committee in opposition to a potential airport in Pickering. Ms. Roscoe manages two successful farmers markets in Toronto and noted that they are busier than ever. She believes in the protection of class one farmland as it is a finite resource, and that we should be looking towards the future of food. Nathan MacDonald, Ajax-Pickering Board of Trade, appeared before the Committee in support of an airport in Pickering. Mr. McDonald noted that it is in the best interests of the community to proceed with an airport. . Stephen Wilcox, Airport Manager, Oshawa Executive Airport, appeared before the Committee in support of an airport in Pickering. Mr. Wilcox encouraged everyone to think beyond the Pickering lands, and to see that the demand for another airport is there, and what is best for Ontario should be considered. A brief question and answer period ensued regarding potential competition between the Oshawa and Pickering airport. Niki Stone, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. Ms. Stone stated that she is in support of development, but only when necessary and that an airport is not necessary in Pickering. She is concerned with an increase in traffic, and loss of agriculture. Ivan Battye, a Whitby resident, appeared before th~ Committee and noted how capacity limits were assessed. Carol Timmings, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. Ms. Timmings believes that an airport is not the only solution to this land, and that the City should wait for outstanding reports to make an informed decision. Harold Quinton, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. Mr. Quinton stated that the airport is not just a rural issue, and that there should be better communication between the City and its' residents. 5 27 28 -Cift;of- PJCKERJNG Planning & Development Committee Meeting Minutes November 14, 2016 7:00 pm -Council Chambers Chair: Councillor Pickles Dan White, a Scarborough resident with a business in Pickering, appeared before the Committee in support of an airport in Pickering. Mr. White believes that the airport and agriculfure could co-exist. Catherine Wright, Finch Avenue, appeared before the Committee in opposition to a potential airport in Pickering. Ms. Wright stated that even urbanite residents are concerned with an airport in Pickering, and that Council should consider alternate visions. Rob Timmings, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. Mr. Timmings expressed his concerns with the lack of transparency, and noted that decisions should not be made without local representation. Brian Buckles, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering and noted that decisions should not be made without local representation. Adam McKay, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering, noted that decisions should not be made without local representation and would like there to be a by-election. Reid Williamson, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. David Masters, Land Over Landings, appeared before the Committee in opposition to a potential airport in Pickering. Mr. Masters noted that factors that have not yet been discussed include the division of payment for municipal services, and carbon pricing. Alison Bezubiak, a Pickering resident, appeared before the Committee in opposition to a potential airport in Pickering. Shannon Davis appeared before the Committee in opposition to a potential airport in Pickering. Ms. Davis suggested removing Recommendation #4 from the Report. Pat Valentine appeared before the Committee in opposition to a potential· airport in Pickering and noted that climate change had not yet been considered. Tony Smirrage appeared before the Committee in support of an airport in Pickering, however, he questioned if the City has considered all of the potential impacts regarding OPG, a potential casino, etc. 6 -CuJ;of- PJCKERJNG Planning & Development · Committee Meeting Minutes November 14, 2016 7:00 pm -Council Chambers Chair: Councillor Pickles Recommendation Moved by Mayor Ryan Seconded by Councillor Ashe 1. a) That Official Plan Amendment Application OPA 15-004/P, initiated by the City of Pickering, to change existing policies and schedules, and add new policies to the Pickering Official Plan with regard to the natural environm~nt and countryside areas, be approved; and b) That the Draft By-law to adopt Amendment 27 to the Pickering Official Plan, to change existing policies and schedules, and add new policies to the Pickering Official Plan with regard to the natural environment and countryside areas, as set out in Appendix I to Report PLN 17-16, be forwarded to Council for enactment; 2. That Council adopt Informational Revision 22 to the Pickering Official Plan as set out in Appendix II to Report PLN 17-16; 3. That the. City Clerk forward the Notice of Adoption to the Region of Durham and to each· person or public body that provided written or verbal comments at the Open House, the Public Meeting, the Planning & Development Committee or the City Council meetings; 4. That, in light of recent actions by the Federal Government and the announcement in the Canada Gazette, the Federal Government be requested to expedite the planning and implementation of the proposed airport in Pickering; and 5. That a copy·of Report PLN 17-16 and Council's Resolution thereon be forwarded to the Minister of Transport, the Member of Parliament for Pickering-Uxbridge, and the Members of Provincial Parliament for Ajax- Pickering and Pickering-Scarborough East. Carried as amended by the following motions Upon investigation, staff determined that a hedgerow located each of Sideline 6 was mistakenly identified as a stream corridor and wrongfully designated as "Natural Areas" on Schedule I, which effectively reduced the amount of "Prime Agricultural" lands on the subject lands. This error has been corrected by removing the stream corridor on Sheet 3 of 3 on Schedule I, and replacing the "Natural Areas" designation in this location with the "Prime Agricultural Areas" designation. 7 29 30 -~o~ PJ(K·ERJNG Moved by Mayor Ryan Seconded by Councillor Ashe Planning & Development Committee Meeting Minutes November 14, 2016 7:00 pm -Council Chambers Chair: Councillor Pickles That the following motion be added to the recommendations, as item 1.b ). 1. b) That Schedule A (Sheet 3 of 3 of Schedule 1-Land Use Structure) in Recommended Amendment 27 to the Pickering Official Plan be replaced with Revised Schedule A. Moved by Councillor McLean Seconded by Councillor Cumming Carried That as per the rules of procedure, the Planning & Development Committee meeting be extended for one additional hour. · Moved by Councillor Brenner Seconded by Councillor McLean That Recommendation #4 be amended to the following: Carri~d 4. That, in light of recent actions by the Federal Government and the announcement in the Canada Gazette, the Federal Government be requested to expedite the process to enable a decision on the future use of the remaining Federal lands proposed as an airport, consistent with Resolution #164/14 as adopted by Pickering Council on January 27, 2014. The main motion was then carried, as amended. (IV) Adjournment The meeting adjourned at 12:20 am. Carried unanimously on a recorded vote --Cif:jvf- PJCKERJNG Presentations 1. Michael Angemeer and Melanie Walls Veridian . Re: 2015 Conservation Champions & Cheque Presentation November 21, 2016 31 --Ctf;;of- PJ( ER1NG Delegations 1 . John Sabean Pickering Library Board Re: Annual Report to Council 2. E;rick Joyner Re: Partial Sale of Glendale Park 3. Anne Leonard Arrive Alive -Drive Sober 4. Nick Stiliadis Alcohol Countermeasue Systems Re: Notice of Motion -Arrive Alive 5. Paul White Fairport Beach Neighbourhood Association Re: Notice of Motion Guidelines to Protect Community Character (lnfill) 6. Ralph Sutton Re: Report CLK 08-16 Method of Filling Vacancy-City Councillor Ward 3 7. Joe Martin Re: Notice of Motion Guidelines to Protect Community Character (lnfill) November 21, 2016 32 -C~f:jof PJ( ER1NG November 21, 2016 Correspondence Pages 1. 2. 3. Corr. 49-16 Alexander Harra$ Manager of Legislative Services/Deputy Clerk Town of Ajax 65 Harwood Avenue South, Ajax, ON L 1 S 2H9 Motion for Endorsement 35 Correspondence received from Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax seeking endorsement of a resolution passed on October 17th, 2016 with respect to access to Durham Regional Transit at Seniors Residences. Corr. 50-16 Lome Coe, MPP Queen's Park Office Rm 430, Main Legislative Building Toronto, ON M7A 1A8 and Jim McEwen, Vice-President Durham Region Stroke Recovery Group 1850 Rossland Rd. E., Whitby, ON Motion for Endorsement 36-42 Letters from Lome Coe, MPP, Jim McEwen, Vice-President, Durham Region Stroke Recovery Group seeking endorsement of MPP Coe's Private Members Bill 9, an Act to End Age Discrimination Against Stroke Patients. The Bill makes it mandatory that any treatment recommended by a physician, for a patient recovering from a stroke, be provided to that patient promptly, regardless of the patient's age. Corr. 51-16 Bruce MacDonald, Executive Director Durham Region Cycling Coalition and Jamie Stuckless, Executive Director Share the road Cycling Coalition Motion for Endorsement 43-45 Letters from Bruce MacDonald and Jamie Stuckless seeking endorsement for the investment of funds to cycling infrastructure by issuing a letter to the Province of Ontario requesting that they roll out the funds for cycling infrastructure within the first year of the Climate Change Action Plan and invest the full $225 million in cycling infrastructure over the next five years. 33 4. 5. 6. 34 Carr. 52-16 Debbie Shields City Clerk City of Pickering Motion for Endorsement 46 Correspondence from Debbie Shields, City Clerk, seeking endorsement for the appointments to the Civic Awards Committee as noted in the attachment. · Carr. 53-16 ·B. E. Bridgeman, Commissioner of Planning And Economic Development Region of Durham 605 Rossland Road East Whitby, ON L 1N 6A3 Motion for Endorsement 47-48 Letter received from B. E. Bridgeman, Commissioner of Planning and Economic Development, Region of Durham seeking Council endorsement for the nomination of Mr. Gord Taylor as the Pickering representative on the Durham Agricultural Advisory Committee for the remainder of the 2015-2018 term. Carr. 54-16 Jennifer O'Connell MP Pickering-Uxbridge 1154 Kingston Road, Unit 4 Pickering, ON L 1 V 1 B4 Receive for Information 49-50 Letter received from Jennifer O'Connell, MP, Pickering-Uxbridge, providing information from the Government of Canada and the Ministry of Transport with respect to the Federal Transport Lands in Pickering. I would ask that the City of Pickering consider placing a similar resolution before Council for its consideration. It is important that we have a broad base of support for this Legislation as it moves through the Committee process. Thank you for your anticipated co..;operation and support. Sincerely, Cc Jim McEwen Jennifer French, :MPP, Oshawa 37 38 2ND SESSION, 41ST LEGISLATURE, ONTARIO 65 ELIZABETH II, 2016 Bill9 An Act to amend the Ministry of Health and Long-Term Care Act Mr.L. Coe · Private Member's Bill 1st Reading 2nd Reading 3rdReading Royal Assent September 14, 2016 Printed by the Legislative Assembly of Ontario 2• SESSION, 4l.LEGISLATURE, ONTARIO 65 ELIZABETH ll, 2016 Projet de loi 9 Loi modifiant Ia Loi sur le ministere de Ia Sante et des Soins de longue duree M.L.Coe Projet de loi de depute 1re lecture 14 septembre 2016 2e lecture 3• lecture Sanction royale Imprime par 1' Assemblee legislative de !'Ontario Bill9 Preamble An Act to amend the Ministry of Health and Long-Term Care Act 2016 Thousands of Ontarians, of all ages, suffer and survive strokes each year. All those who survive the trauma of a stroke receive pub- licly-funded, short-term acute care and treatment, but the vast majority of those between the ages of 20 and 64 are left to their own financial means to address necessary treatment needs beyond that initial, acute-care phase. Ontario can play a decisive role in ending age discrimina- tion in the treatment of post-stroke recovery, by ensuring that any treatment recommended by a physician for a post-stroke recovery patient is provided to that patient, regardless of their age. Therefore, Her Majesty, by and with the advice and con- sent of the Legislative Assembly of the Province of On- tario, enacts as follows: 1. Subsection 6 (1) of the Ministry of Health and Long-Term Care Act is amended by adding the follow- ing paragraph: 12. To ensure that any tr.eatment recommended by a physician for a patient who is recovering from a stroke is provided to that patient promptly, regard- less of the patient's age. Commencement 2. This Act comes into force on the day it receives Royal Assent. Short title 3. The short title of this Act is the End Age Discrim- ination Against Stroke Recovery Patients Act, 2016. Projet de loi 9 Loi modifiant la Loi sur le ministere de la Sante et des Soi:ns de longue duree Preambule 2016 Chaque annee, des milliers d'Ontariennes et d'Ontariens de tout age sont victimes d'accidents vasculaires cere- braux et y survivent. Tous ceux qui survivent a un accident vasculaire cerebral beneficient de soins et de traitements de courte duree fi- nances par les fonds publics, mais la grande majorite des survivants ages entre 20 et 64 ans ne peuvent compter que sur leurs propres moyens financiers pour recevoir les trai- tements necessaires une fois cette phase initiale de soins actifs terminee. L'Ontario peut jouer un role decisif afin de mettre fin ala discrimination fondee sur l'age qui entoure le traitement des malades se retablissant d'un accident vasculaire cere- bral, en veillant a ce que tout traitement recommande par un medecin pour un tel malade lui soit fourni quel que soit son age. Pour ces motifs, Sa Majeste, sur l'avis et avec le consen- tement de 1' Assemblee legislative de la province de l'Ontario, edicte : 1. Le paragraphe 6 (1) de la Loi sur le ministere de Ia Santi et des Soins de longue durie est modifie par adjonction de Ia disposition suivante : 12. Veiller a ce que tout traitement recommande par un medecin pour un rpalade se retablissant d'un acci- dent vasculaire cerebral soit fourni au malade promptement, quel que soit son age. Entree en vigueur 2. La presente loi entre en vigueur le jour ou elle reJ;oit Ia sanction royale. Titre abrege 3. Le titre abrege de la presente loi est Loi de 2016 visant a mettre fin a la discrimination fondle sur l'lige envers les malades se ritablissant d'un accident vascu- laire cerebral. 39 40 EXPLANATORY NOTE The Bill amends the Ministry of Health and Long-Term Care Act to set out an additional duty for the Minister of Health and Long-Term Care with respect to patients who are recovering from a stroke. NOTE EXPLICATIVE Le projet de loi modi:fie la Loi sur le ministere de la Sante et des Soins de longue duree afin d'attribuer une fonction supplemen- taire au ministre de la Sante et des Soins de longue duree en ce qui conceme les malades se retablissant d'un accident vasculaire cerebral. From: Jim McEwen [mailto:jdmcewen@rogers.com] Sent: Saturday, October 22,2016 11:27 AM To: Mayor Web Email <mayor@pickering.ca<mailto:mayor@pickering.ca>> Cc: Joe Dickson <jdickson.mpp@liberal.ola.org<mailto:jdickson.mpp@liberal.ola.org>>; Tracy MacCharles <tmaccharles.mpp.co@liberal.ola.org<mailto:tmaccharles.mpp.co@liberal.ola.org>>; Kathleen Wynne <premier@ontario.ca<mailto:premier@ontario.ca>>; Kathleen Wynne <kwynne.mpp@ola.org<?J-ailto:kwynne.mpp@ola.org>>; Steve Madeley <stevenjmadeley@gmail.com<mailto:stevenjmadeley@gmail.com>> Subject: Fw: Bill 9, An Act to End Age dD~crimination Against Stroke Patients2016 Mayor David Ryan and Members ofCouncil,.City ofPickering Y oil will be shocked to learn that most Ontario stroke survivors between ages 20 and 64 do not qualify for OHIP funded treatment/physiotherapy beyond the initial Acute Phase of treatment because of existing age discriminatory healthcare policies and regulations within Ontario. These stroke patients either go without treatment or are forced to cash in their retirement savings to purchase private and expensive stroke recovery programs, often exceeding $1,000.00 per week, while not working. The Durham Region Stroke Recovery Group has been working with Whitby-Oshawa' s MPP, Lome Coe to fmd solutions to this problem. In mid September, 2016, Mr. Coe introduced a Private Members bill entitled, "Bi119, an Act to End Age Discrimination Against Stroke Patients20 16". Bill 9 received Second Reading on Sept. 29, 2016 and has been forwarded to the Standing Committee on Social Policy for :fu,rther review and debate. We need to demonstrate to the Ontario government that there is broad support for Bill 9 as it moves through the Committee process at Queens Park. .. We ask that Pickering City Council consider -passing the following Motion: "That Council of the City of Pickering supports Bill 9, an Act to End Age Discrimination Against Stroke Patients and that all stroke survivors regardless of age receive publicaily funded treatment as recommended by their personal medical physicians. If Pickering City Council agrees to pass this Motion we ask that your Clerk send a certified copy of the approved Motion to the Honourable Dr. Eric Hoskins, Ontario Minister of Health and Long Term Care and to your local MPPs: As well please send a copy by email to our Vice-President, Mr. McEwen. thank you for helping the existing and future young adult stroke survivors ofPickering and Ontario. You will be interested to learn that many members of our Group reside in Pickering. I have attached a copy ofBill9 for clarity. thank you in advance for your help. Respectfully . . . . . ·Jim McEwen, Batchelor of Civil Engineering and Engineering Mechanics, McMaster University, 1978, Stroke Survivor since 2010 jdmcewen@rogers.com<mailto:jdmcewen@rogers.com> Vice-President · Durham Region Stroke Recovery Group Care of Westminster United Church 1850 Rossland Road East, Whitby, Ont. cc: Tracy MacCharles, MPP, Scarborough East-Pickering cc: Joe Dickson, J\.1PP,Ajax-Pickering cc: Honourable K. Wynne, Ontario Premier cc: Steve Madeley, President, Durham Region Stroke Recovery Group 42 CITYOF. ' ~ Burlington July 29, 2016 Honourable Glen Murray, MPP Minister of the Environment and Climate Change 11th Floor, Ferguson Block 77 Wellesley Street West Toronto, Ontario M7A 2T5 Dear Minister Murray, Mayor Rick Goldring City of Burlington City Han, 426 Brant Street Burlington, Ontario L7R 3Z6 Tel.: 905-335-7607 Fax: 905-335-7708 mayor@bu rlington.ca www.burlington.ca On behalf ofthe City of Burlington, I respectfully request the Province of Ontario roll outthe funds for cyCling infrastructure within the first year ofthe Climate Change Action Plan and invest the full $225 million in cycling infrastructure over the next five years. The City of Burlington recently approved its new Strategic Plan, which is a visionary 25-year blueprint for great city building. One of the key tenants of this pial) is A City That Moves, which identifies alternative transportation-including investment in cycling infrastructure-as key to ensuring a greener city. A pressing need in Burlington is investment in linking residents who want to ride their bicycles between north and south Burlington. As you know, our city is divided by Highway 403/Queen Elizabeth Way. The volume of vehicular traffic makes these crossings intimidating and dangerous for people on their bicycles and pedestrians, meaning a large population living north of the highway do not travel by any other means than by car to destinations, particularly our GO stations and our popular downtown core and waterfront, in the south of the city. Burlington's Cycling Master Plan and city staff have identified four active transportation crossings over Hwy. 403{QEW as a meaningful investment for our city-but we can't do it alone. We need funding partners to make these safe crossings a reality. Why does getting more people onto bicycles in our city matter? In Burlington, 90 per cent of all trips are made by automobile. Our most recent data from 2011 shows more than half of daily car trips in Burlington were five kilometres or less. We know this is an ideal distance to cycle. Furthermore, approximately 40 per cent of hazardous air pollutants in urban areas are generated by the transportation sector. We believe investment in cycling infrastructure will help get more people out oftheir cars and on their bicycles, reducing our carbon footprint, traffic congestion and obesity. 44 CITY OF ~ ·ton Mayor Rick Goldring City of Burlington City Hall, 426 Brant Street Burlington, Ontario L7R 3Z6 TeL: 905-335-7607 Fax: 905-335-7708 mayor@burlington.ca www.burlington.ca 0 u W- As you likely are aware, the City of Burlington was recently designated as a Silver Bicycle Friendly Community u.. by the Share the Road coalition·. We have more work to do to attain Gold status, whiCh is a target outlined in O our Strategic Plan. We would like to strive for Platinum designation after that milestone. It is noteworthy that our Strategic Plan also sees the City of Burlington set an ambitious goal of developing and implementing a plan to make city operations net-carbon neutral. Even more ambitious is the goal to work with the community, as well as federal and provincial levels, to make Burlington net-carbon neutral, as well. With provincial investment, we believe we can attain Gold Bicycle Friendly Community designation, as well as reduce <;mr greenhouse gas emissions and make it safer for residents to think outside the car. Thank you in advance for your consideration in getting funding flowing as soon as possible to Ontario municipalities like Burlington for much-needed investments in cycling infrastructure. Sincerely Rick Goldring Mayor, City of Burlington cc The Honourable Kathleen Wynne, Premier The Honourable Steven DelDuca, Minister of Transportation The Honourable Eleanor McMahon, Minister ofTourism, Culture and Sport Gary McNamara, President, Association of Municipalities of Ontario Jamie Stuckless, Executive Director, Share the Road Cycling Coalition 45 48 Hello, I would like to confirm that I am interested in joining the DAAC as the Pickering representative. · . My wife Ruth and I reside on a farm at 2630 Seventh Concession Road (Lot 9 & 1 0) in north east Pickering. We currently cash crop just over three hundred acres, growing soybeans, corn, wheat and hay. We previously ran our own dairy operation (milked 40 head) for almost forty years. Education wise, I have my BSc In agriculture from University of Guelph. Yours sincerely, Gord (Fuzz) Taylor 2630 Seventh Concession Road RR#5 Claremont, L 1 Y 1 A2 905 649 3332 (home) 905 706 4399 (cell) gord.taylor@sympatico.ca -alf;oJ- PJCKERJNG November 21, 2016 Committee Reports a) Report EC 2016-09 of the Executive Committee Executive Pages 1. Director, Finance & Treasurer, Report FIN 22-16 2016 Year End Audit 1-36 2. 3. 4. Recommendation 1. That the Audit Service Plan as submitted by Deloitte LLP, included as Attachment 1 to this report be received for information; and 2. That the Chief Administrative Officer and the Division Head, Finance & Treasurer be authorized to sign the Master Services Agreement on behalf of the City. CEO. Pickering Public Library, Report LIB 01-16 Pickering Local History Collection Strategic Plan Recommendation 37-88 1. That Council receive for information the Pickering Local History Collection Strategic Plan as per Attachment 1; and 2. That Council support the concept of a shared records storage facility as part of a future Central Library expansion. Director, Corporate Services & City Solicitor, Report BYL 01-16 8th Annual Toys for Tickets and Food for Fines 2016 Recommendation 89-90 1. That parking tickets issued between December 1 through 16, 2016 be eligible for the Toys for Tickets/Food for Fines program; and 2. That the Toys for Tickets/Food for Fines program be implemented from December 1 through December 16, 2016. Director, Community Services, Report CS 14-16 Community Association Lease Agreement -South Pickering Seniors Club Recommendation 91-110 51 5. 6. 52 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with South Pickering Seniors Club set out in Attachment 1 to this Report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Director, Community Services, Report CS 15-16 Diana, Princess of Wales Park -Licence Renewal Agreement Recommendation 111-117 1. That the Mayor and City Clerk be authorized to execute a license renewal agreement with the Minister of Infrastructure-Hydro One Networks Inc. for a further 5 year term, commencing January 1, 2017, and ending on December 31, 2021 that is in a form satisfactory to the Director, Corporate Services & City Solicitor; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Engineering Services, Report ENG 19-16 Request for Proposal No. RFP-11-2016 Consulting Services for Claremont Drainage Plan Recommendation 118-128 1. That the Proposal No. RFP~11-2016 submitted by Amec Foster Wheeler Environment & Infrastructure to undertake the consulting services for Claremont Drainage Plan, in the amount of $161,707.52 (HST included) be accepted; 2. That the total gross project cost of $221,734.00 (HST included), including the RFP amount, and associated costs, and the total net project cost of $199,678.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $199,678.00 as follows: a) The sum of $149.678.00 to be funded by a transfer from the Rate Stabilization Reserve; b) The sum of $50,000.00 to be funded by a contribution from the Regional Municipality of Durham; 4. That a copy of this report be forwarded to the Commissioner of Works, Region of Durham; and 7. 8. 9. 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Engineering Services, Report ENG 26-16 Proposed Parking Restrictions -Hamlet of Cherrywood Recommendation 129-134 1. 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 Rosebank Road and Third Concession Road. 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Engineering Services, Report ENG 27-16 Quotation NO. Q-56-2016 Hedgerow Place Storm Sewer Improvements Recommendation 135-141 1. That Quotation No. Q-56-2016 submitted by Bry Ron Contracting Limited for Hedgerow Place Storm Sewer Improvements in the total quotation amount of $58,556.60 (HST included) be accepted; 2. That the total gross project cost of $66,672.00 (HST included), including the quotation amount and other associated costs, and the total net project cost of $60,040.00 (net of HST rebate) be approved; 3. That Council authorizes the Director, Finance & Treasurer to finance the net project cost in the amount of $60,040.00 as follows: a) the sum of $40,000.00 as provided for in the 2016 Capital Budget- Stormwater Management to be funded from the Provincial Grant - Transportation Initiatives; b) the over expenditure in the amount of $20,040.00 to be funded from property taxes; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Finance & Treasurer, Report FIN 21-16 142-166 Insurance Renewal-January 1, 2017 to December 31, 2017 Recommendation 53 54 1. That the City of Pickering renew its property, liability and other insurance policies through Jardine Lloyd Thompson Canada Inc. (JL T) for the period January 1, 2017 to December 31, 2017 in the amount of $601,947 (plus applicable taxes) and inclusive of terms and conditions acceptable to the Director, Finance & Treasurer; 2. That the in-surance coverage through JL T be for a period of one (1) year with an option in favour of the City to extend the coverage on the same terms and conditions for a second one year renewal term, subject to Council approval; 3. That LV. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 4. That the Director, Finance & Treasurer be authorized to settle any claims including employing resources to investigate and defend claims, adjusting and legal fees, where it is in the City's interest to do so; 5. That the Director, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary to limit potential liability exposure and to protect the assets of the City and its elected officials and staff; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10. Division Head, Human Resources, Report HUR 02-16 OMERS Normal Retirement Age Conversion -Fire Non-union Management Group Recommendation 167-170 1. That Council enact a By-law to amend the normal retirement age from 60 years under the Ontario Municipal Employees Retirement System (OMERS) primary pension plan to provide that the normal retirement age for the Fire Non-union Management Group shall be 65 years effective January 1, 2017; and 2. That the appropriate officials be authorized to take the necessary actions included in this report. -64oJ- Pl ER1 G November 21, 2016 Committee Reports b) Report PD 2016-07 of the Planning & Development Committee Pages 1. (Acting) Director, City Development, Report PLN 17-16 18-219 Official Plan Amendment Application OPA 15-004/P Amendment 27 to the Pickering Official Plan Informational Revision 22 to the Pickering Official Plan, City Initiated Official Plan Review: The Environment and Countryside Recommendation 1. a) That Official Plan Amendment Application OPA 15-004/P, initiated by the City of Pickering, to change existing policies and schedules, and add new policies to the Pickering Official Plan with regard to the natural environment and countryside areas, be approved; b) That Schedule A (Sheet 3 of 3 of Schedule I -Land Use Structure) in Recommended Amendment 27 to the Pickering Official Plan be replaced with Revised Schedule A; and c) That the Draft By-law to adopt Amendment 27 to the Pickering Official Plan, to change existing policies and schedules, and add new policies to the Pickering Official Plan with regard to the natural environment and countryside areas, as set out in Appendix I to Report PLN 17-16, be forwarded to Council for enactment; 2. That Council adopt Informational Revision 22 to the Pickering Official Plan as set out in Appendix II to Report PLN 17-16; 3. That the City Clerk forward the Notice of Adoption to the Region of Durham and to each person or public body that provided written or verbal comments at the Open House, the Public Meeting, the Planning & Development Committee or the City Council meetings; 4. That, in light of recent actions by the Federal Government and the . announcement in the Canada Gazette, the Federal Government be requested to expedite the process to enable a decision on the future use of the remaining Federal lands proposed as an airport, consistent with Resolution #164/14 as adopted by Pickering Council on January 27, 2014; 5. That a copy of Report PLN 17-16 and Council's Resolution thereon be forwarded to the Minister of Transport, the Member of Parliament for Pickering-Uxbridge, and the Members of Provincial Parliament for Ajax- Pickering and Pickering-Scarborough East. 55 November 21, 2016 New and Unfinished Business Pages 1. 2. Fire Chief Report FIR 03-16 Fire Hall #2 Outdoor Diesel Generator -Request for Quotation No. Q-26-2016 Recommendation 58-64 1. That Quotation No. Q-26-2016 submitted by Standby Generator Services Inc. in the amount of$76,235.45 (HST included) be accepted; 2. That the total gross project cost of $85,275.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $76,793.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost as follows: a) The sum of $60,000.00, as provided for in the 2016 Capital Budget Fire Services, to be funded by a transfer from the Rate Stabilization Reserve; b) The sum of $16,793.00 to be fundeq from property taxes; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Corporate Services & City Solicitor, Report CLK 08-16 Method of filling Vacancy -City Councillor Ward 3 Recommendation 65-67 1. That pursuant to Section 262(1) of the Municipal Act, 2001, the Council of The Corporation of the City of Pickering declares the office of City Councillor, Ward 3 to be vacant; 2. That Council select one of the following options for filling the vacancy: a) That Council authorize a by-election to be held to fill the vacancy; OR 56 3. 57 b) That Council fill the vacancy by appointment; and 3. That the City Clerk be given authority to give effect thereto. Director, Engineering Services, Report ENG 24-16 Tender for the Pine Creek Outfall Channel Restoration -Tender No. T-17-2016 Recommendation 68-84 1. That Tender No. T-17-2016 for the Pine Creek Outfall Channel Restoration as submitted by R&M Construction in the total tendered amount of $840,731.88 (HST incLuded) be accepted; 2. That Aquafor Beech Limited be retained as a consultant in the amount of $85,920.00 (HST extra) to undertake the contract administration and construction supervision of Tender No. T -17-2016 Pine Creek Outfall Channel Restoration; 3. That the total gross project cost of $1,162,130.00 (HST included), including the tendered amount, contract administration, construction supervision, and other associated costs, and the total net project cost of $1,046,534.00 (net ofHST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $1,046,534.00 as follows: a) The sum $504,000.00 to be funded from the York Region Southeast Collector (SEC) Enhancement Fund; b) The sum of $40,000.00 to be funded from the Investing in Ontario Provincial Gn;mt; c) The sum of $407,053.00 to be funded by a transfer from the Development Charges (DC) -City's Share Reserve; d) The sum of $95,481.00 to be funded by a transfer from the Development Charges-Stormwater Management (SWM) Reserve Fund; and 5. · That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. -ClpoJ- PJCKERJNG Report to Council Report Number: FIR 03-16 Date: November 21, 2016 From: Subject: John Hagg Fire Chief Fire Hall #2 Outdoor Diesel Generator -Request for Quotation No. Q-26-2016 -File: A-1440 Recommendation: 1. That Quotation No. Q-26-2016 submitted by Standby Generator Services Inc. in the amount of $76,235.45 (HST included) be accepted; 2. That the total gross project cost of $85,275.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $76,793.00 (net of HST rebate), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost as follows: a) The sum of $60,000.00, as provided for in the 2016 Capital Budget Fire Services, to be funded by a transfer from the Rate Stabilization Reserve; b) The sum of $16,793.00 to be funded from property taxes; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Fire Hall #2, located at 553 Kingston Road, currently relies on a portable backup power generator to provide it with electricity in the event of a power failure. This generator must be manually connected to the building during an outage, has limited power generation capability and fuel capacity, and would not meet the operational needs for a long-term power outage. Request for Quotations No. Q-26-2016 was issued on June 28, 2016 to supply and install a new, permanent outdoor diesel generator at Fire Hall #2 and closed on July 19, 2016. The lowest quotation in the amount of $73,521.00 plus HST submitted by Standby Generator Services Inc. exceeded the approved 2016 capital budget. The City engaged this vendor in negotiations and obtained a revised price of $67,465.00 plus HST. This price also exceeds the approved 2016 Capital Budget by 14.4%. As per Financial Control Policy 11.02, capital expenditures that exceed the budget by 10.0% require Council approval. Staff explored additional reductions to the proposed scope of work and determined that the resulting cost savings were negligible, whereas the impact on service reliability at one of the City's key emergency services facilities grew 58 59 FIR 03-16 Subject: Fire Hall #2 Outdoor Diesel Generator Quotation No. Q-26-2016 November 21, 2016 Page 2 significantly by making any additional cuts. The revised quotation No. Q-26-2016 submitted by Standby Generator Services Inc. in the amount of $76,235.45 (HST included) is recommended for approval. The total gross project cost is estimated to be $85,275.00 and the total net project cost is estimated at $76,793.00 (net of HST rebate), including $8,000.00 in contingency allowance. Financial Implications: 1. Quotation Amount Quotation No. Q-26-2016 HST (13%) Total Gross Project Cost 2. Estimated Project Costing Summary Quotation No. Q-26-2016 Contingency Total Cost HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs 3. Approved Source of Funds 2016 Capital Budget-Fire Services Expense Account Source of Funds 5340.1607.6178 Additional Funds Required Rate Stabilization Reserve Property Taxes Total Funds Project Cost under (over) approved funds by Budget $60,000.00 $0.00 $60,000.00 $67,465.00 8,770.45 $76,235.45 $67,465.00 8,000.00 $75,465.00 9,810.00 $85,275.00 (8,482.00) $76,793.00 Required $60,000.00 $16,793.00 $76,793.00 ($16,793.00) The estimated net project cost after factoring a contingency provision has resulted to an over- expenditure of $16,793.00, and exceeded the approved budget by more than 10%. As per Item 11.02 of the Financial Control Policy, Council approval is being sought at this time in order to proceed with the project. · CORP0227-07/01 revised FIR 03-16 Subject: Fire Hall #2 Outdoor Diesel Generator Quotation No. Q-26-2016 November 21, 2016 Page 3 The additional funds required will be funded from property taxes through savings realized from the Fire Services Department operating costs. Discussion: Fire Hall #2 is one of four fire stations operated by the City of Pickering Fire Services, and is the only location not currently equipped with a permanent backup power generator. In the event of a disruption of electrical service at Fire Hall #2, Fire Services staff must manually connect a small portable generator with limited generation capacity and service duration due to limited fuel capacity and supply on site. In case of an extended power outage or related crisis, operation of this facility would be vulnerable to periodic disruptions for refueling and due to the aging nature of the existing backup generator, which is approaching the end of its serviceable life. Interior installation was dismissed due to additional costs that would be incurred to create a fire rated enclosure and by prolonging the installation as individual components would have to be transported and assembled in the basement. Outdoor installation, surface mounted on a concrete pad, is preferable from a cost perspective and a combined generator set with integrated double- wall fuel tank eliminates the risk of soil contamination that accompany the use of underground tanks, while also simplifying refueling operations. The 2014 approved capital budget included project 5340.1401 for $35,000.00 for provision of a permanent backup power generator at this facility. Request for Quotations No. Q-17-2014 and No. Q-30-2014 were issued without success of obtaining acceptable quotations. The project was re-budgeted and approved in the 2016 Capital Budget as project 5340.1607 for $60,000.00. The lowest quotation No. Q-26-2016 submitted by Standby Generator Services Inc. exceeded the 2016 Capital Budget. Staff undertook negotiations with the Standby Services Generator Inc. to obtain cost savings and obtained a further cost reduction of $6,056.00 (plus HST). Any further reductions in scope will produce marginal savings, but risks compromising the required level of service. A contingency allowance of $8,000.00 has been added to this funding request to avoid the need for further council approvals in case of small scale unforeseen conditions, that may be required to complete the work. The Health & Safety Regulations form, current WSIB Clearance Certificate, as submitted by Standby Generator Services Inc., have been reviewed by the Coordinator, Human Resources and are deemed acceptable. The Certificate of Insurance is deemed acceptable to Manager, Budgets & Internal Audit. In conjunction with the foregoing approvals, staff have reviewed the Waste Management Plan, the previous work experience of Standby Generator Services Inc. and the references provided and all are deemed acceptable. Upon careful examination of all quotations and relevant documents received, Fire Services recommends the acceptance of Quotation No. Q-26-2016 submitted by Standby Generator Services Inc. in the amount of $76,235.45 (HST included) and that the total net project cost of $76,793.00 be approved. CORP0227-07/01 revised 60 · I . #F-IR. 0:1-i(., ATIACHMENT# __ TO.REPORT - In accordance with Purchasing Policy, Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable .or where the highest scoring propos.al is recommended and the estimated total purchase price is: . (a) Over $30,000 and up to $75,000, the Manager may ~pprove the award, subject to consultation with the appropriate Director and confirmation of financing by the Treasurer. . . Once this approval is received, an approved "on-line" requisition will be required to proceed. Please direct all enquiries to Supply & Services. Respondents will be advised in due course. If you require further information or assistance, do not liesitate to contact me or a member of Supply & Services. pi\~~ ~ VAF;-:1 ". {;J . { . IV' Attachments (3) Page 2 of2 63 65 -C:~o~ PJCKERJNG From: Subject: Paul Bigioni Director, Corporate Services & City Solicitor Method of filling Vacancy City Councillor Ward 3 File: A-2000 Recommendation: Report to Council Report Number: CLK 08-16 Date: November 21, 2016 1. That pursuant to Section 262(1) of the Municipal Act, 2001, the Council of The Corporation of the City of Pickering declares the office of City Councillor, Ward 3 to be vacant; 2. That Council select one of the following options for filling the vacancy: a) That Council authorize a by-election to be held to fill the vacancy; OR b) That Council fill the vacancy by appointment; and 3. That the City Clerk be given authority to give effect thereto. Executive Summary: Due to the death of Rick Johnson, City Ward 3 Councillor, Council must declare the office of City Councillor, Ward 3 vacant. Council must now arrange to fill the vacant office pursuant to the rules set Ciut in the Municipal Act, 2001 and the Municipal Elections Act, 1996. Financial Implications: Recommendation 2a) -If Council determines that a by-election is to be held to fill the vacancy, the cost of a by-election would be approximately $50,000.00. The costs related to holding a by- election consist primarily of preparing the voters' list, rental of equipment and staffing of polling stations. If the by-election option is selected, the costs of the by-election would increase the 2017 budget by approximately .1% in addition to the annual transfer of $70,000.00 to the Contingency Reserve for funding of the next municipal election in 2018. Recommendation 2b) -If Council wishes to directly appoint a qualified individual, there would be no associated costs. Report CLK 08-16 November 21, 2016 Subject: Method of filling Vacancy-City Councillor Ward 3 Page 2 Discussion: Pursuant to Section 259(h) of the Municipal Act, 2001, the office of a member of council of a municipality becomes vacant if the member dies, whether before or after accepting office and making the prescribed declarations. Councillor Rick Johnson passed away on September 27, 2016. Pursuant to Section 259, Council must declare his seat vacant at one of its next two meetings of Council. Under Section 263(1) of the Municipal Act, 2001, Council has two options for filling the vacancy. These options are: a) Require a by-election to be held to fill the vacancy in accordance with the Municipal Elections Act, 1996; or b) ·Fill the vacancy by appointing a person who has consented to accept the office if appointed; Under Section 263(5) of the Municipal Act, 2001, Council must, within 60 days after a declaration of vacancy is made, appoint a person to fill the vacancy or pass a by-law requiring that a by- election be held to fill the vacancy. A person is eligible to hold office as a member of the Municipal Council if he/she: a) is entitled to be an elector in the local municipality under the Municipal Elections Act, 1996; and b) is not disqualified by this or any other Act from holding office. The term of office for a person appointed or elected to fill a vacancy is the remainder of the current term of Council. Recommendation 2a) -By-Election Section 263 of the Municipal Act, 2001, permits City Council to pass a by-law to provide that a vacancy on Council be filled by way of a by-election. The by-election shall be held in accordance with Section 65 of the Municipal Elections Act, 1996. Under Section 65 of the Municipal Elections Act, 1996, if Council determines that a by-election is to be held, the City Clerk is responsible for setting the nomination day, which is to be a day not more than 60 days after the passing of the by-law indicating that a by-election is required. Voting Day is required to be held 45 days after nomination day. Subject to specific provisions to address timing matters, by-elections are required to be conducted in a manner as similar as possible to the previous regular election. Recommendation 2b)-Council Appointment Council can appoint a qualified individual to the vacancy either by direct appointment or by soliciting applications. CORP0227-07/01 revised 66 --C~cl- PlCKERl G From:· Richard Holborn Director, Engineering Services Report to Council Report Number: ENG 24-16 Date: November 21, 2016 Subject Tender for the Pine Creek Outfall Channel Restoration -Tender No. T-17-2016 File: A-1440 Recommendation: 1. That Tender No. T -17-2016 for the Pine Creek Outfall Channel Restoration as submitted by R&M Construction in the total tendered amount of $840,731.88 (HST included) be accepted; 2. That Aquafor Beech Limited be retained as a consultant in the amount of $85,920.00 (HST extra) to undertake the contract administration and construction supervision of Tender No. T-17-2016 Pine Creek Outfall Channel Restoration; 3. That the total gross project cost of $1,162,130.00 (HST included), including the tendered amount, contract administration, construction supervision, and other associated costs, and the total net project cost of $1,046,534.00 (net of HST rebate) be approved; 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $1,046,534.00 as follows: a) The sum $504,000.00 to be funded from the York Region Southeast Collector (SEC) Enhancement Fund; b) The sum of $40,000.00 to be funded from the Investing in Ontario Provincial · Grant; c) The sum of $407,053.00 to be funded by a transfer from the Development Charges (DC) -City's Share Reserve; d) The sum of $95,481.00 to be funded by a transfer from the Development Charges-Stormwater Management (SWM) Reserve Fund; and 5. That the appropriate officials of the City of Pickering be authorized to take the · necessary actions as indicated in this report. 68 69 ENG 24-16 Subject: Tender for Pine Creek Outfall Channel Restoration Tender No. T-17-2016 November 21, 2016 Page 2 Executive Summary: The 2015 Capital Budget included funds to complete the Pine Creek Outfall Channel Restoration construction project. Tender No. T-17-2016 was issued on Thursday October 6, 2016 with a tender closing date of Wednesday, October . 26, 2016. The. low bid of $840,731.88 (HST included) submitted by R&M Construction is recommended for approval. The total gross project cost is estimated at $1,162,130.00 (HST included) with an estimated total net project cost of $1,046,534.00 (net of HST rebate). In 2015, Council Resolution #65/15 approved Proposal No. RFP-3-2015 submitted by Aquafor Beech Limited to undertake the detailed design and approvals for the Pine Creek Outfall Channel Restoration. Staff recommends continuing with Aquafor Beech Limited to undertake the contract administration, construction supervision and certification of works associated with Tender No. T-17-2016 Pine Creek Outfall Channel Restoration construction project as set out in fee proposal dated July 26, 2016 in the amount of $85,920.00 (HST extra). Financial Implications: 1. Tender Amount Tender No. T-17-2016 HST (13%) Total 2. Estimated Pro'ect Costin Summary Tender No. T-17-2016 Associated Costs Materials Testing Contingency (25% ) Project Consultant Fees (Contract Administration) Total Costs HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs CORP0227-07/01 revised $744,010.51 96,721.37 $840.731.88 $744,011.00 10,000.00 188,503.00 85,920.00 $1,028,434.00 133,696.00 $1 '162, 130.00 (115,596.00) $1.046.534.00 ENG 24-16 Subject: Tender for Pine Creek Outfall Channel Restoration Tender No. T-17-2016 3. Approved Source of Funds November 21, 2016 Page 3 Development Pro·ects and Stormwater Management Capital Bud et Description Pine Creek Outfall Channel -Design & Reconstruction Kitley Culvert Channel Improvements Pine Creek SWM F~cility-Design & Construction Pine Creek SWM Facility-Design & Construction Total Account Source of Code Funds 5410.1401 York Region 5410.1501 SEC Fund Additional Funds Available 5410.1502 Provincial Grant, Investing-in- Ontario 5321.1405 DC City's Share 5321.1501 Reserve 5321.1405 DC SWM 5321.1501 Reserve Fund I Net project costs (over) under approved funds Budget $404,000.00 0.00 40,000.00 490,996.00 117,482.00 Required $404,000.00 100,000.00 40,000.00 407,053.00 95,481.00 $1.052.478.00 $1.046,534.00 $1o5,944.oo I The above funding is a consolidation of the funding sources from 2014 and 2015 approved capital projects related to the design and construction of the three projects noted below. In the 2014 Capital Budget, two projects were approved for the engineering design component; Pine Creek Outfall and Channel-Engineering Design (541 0.1401) and Pine Creek Stormwater Managemen_t Facility-Design (5321 .. 1405). These two 2014 projects have since been consolidated under one account 5410.1401. The unspent funds of approximately $114,000.00 from the 2014 engineering design component are ' being re-directed to the construction component; as approved in report ENG 12-15 dated July 6, 2015. The 2015 Capital Budget for the Development Projects (DC Funded) and Stormwater Management cost centres included three projects; Pine Creek Stormwater Management Facility (5321.1501 ), Pine Creek Outfall and Channel Reconstruction (541 0.1501 ), and Kitley Avenue Culvert -Inlet Channel Improvements (5410.1502). CORP0227 -07/01 revised 70 71 ENG 24-16 Subject: Tender for Pine Creek Outfall Channel Restoration Tender No. T-17-2016 .November 21, 2016 Page 4 Note that with regard to the contribution from York Region (SEC) Enhancement Fund, in addition to the approved budget of $500,000.00, there is an option within the Cornmunity Enhancement Agreement, Section 2.02 (b), to increase the project's funding by 20%, which is $100,000.00 for this project, as long as there is sufficient funds available that can be transferred from other SEC enhancement projects that have been implemented under budget. A review of the completed SEC enhancement project costs has confirmed that there is sufficient savings from projects to cover the $100,000.00 required. As 2017 is the final year of funding for SEC enhancement projects, the funding from SEC has been maximized first, prior to resorting to other approved sources of funds. An email confirmation from York Region has been received, stating that they are supportive of the increase in the project's funding by 20%, which corresponds to $100,000.00, as shown in the above chart. Funds from the York Region SEC Enhancement Fund will be applied first, and then followed by the provincial grant. After the previous two sources of funds are applied, the balance of the costs will be funded from the Development Charges (DC) City's Share Reserve and DC SWM Reserve Fund to be shared at a funding ratio of 81% and 19% respectively. For ease of tracking, expenses and approved funds will be consolidated under the main account 5410.1501.6181 Pine Creek Outfall and Channel Reconstruction project for the construction component. Discussion: Council endorsed the Frenchman's Bay Stormwater Management Master Plan. The Pine Creek Stormwater Management Facility and Outfall Channel Restoration were both identified as projects in the Frenchman's Bay Stormwater Management Master Plan (Master Plan). The Mountcastle Crescent tributary of Pine Creek, located within Forestbrook Park, is not a natural watercourse but a 200 m outfall channel that connects the subdivision's storm sewer outfall to Pine Creek (refer to the Location Map in Attachment #1 ). The Master Plan noted that restoration of this channel was required as the uncontrolled flows from the storm sewer outfall have caused severe erosion such that the outfall channel has downcutapproximately two metres below the apron of the headwall putting it at risk of collapse. In addition, the severe and extensive erosion has undermined the channel banks, making them unstable resulting in a large number of fallen trees. The Master Plan had also identified that a stormwater management facility was suitable for this location to help attenuate the flows prior to release into the outfall channel. The Pine Creek Stormwater Management Facility and Outfall Channel Restoration was completed as a Schedule B project with the documentation requirements for the Municipal Class EA projects and with the filing of the Project File Report on August 16, 2016. The report included evaluation of several stormwater management aHernatives CORP0227-07/01 revised ENG 24-16 Subject: Tender for Pine Creek Outfall Channel Restoration Tender No. T-17-2016 November 21, 2016 Page 5 following the Master Plan recommendations. Consistent with the Master Plan recommendation, the restoration of the outfall channel was determined as the most cost effective and at least disruptive solution, and was selected as the preferred alternative in addressing the water quality and erosion issues. Tender No. T-17-2016 was issued on Thursday, October 6, 2016 and closed on Wednesday, October 26, 2016 with four bidders responding. The low bid submitted by R&M Construction is recommended for approval. The total gross project cost is estimated at $1,162,130.00 (HST included), with an estimated total net project cost of $1,046,534.00 (net of HST rebate). References for R&M Construction have been checked and are deemed acceptable by the Manager, Capital Projects & Infrastructure. The Health & Safety Policy, a current WSIB Workplace Injury Summary Report, the Certificate of Clearance issued by the Workplace Safety & Insurance Board, and the Ministry of Labour, Health and Safety Awareness Training Certificates as submitted by R&M Construction have been reviewed by the Coordinator, Human Resources, and deemed acceptable. The Certificate of Insurance has been reviewed by the Manager, Budgets & Internal Audit, and is deemed acceptable. In conjunction with staff's review of the contractor's previous work experience and the bonding available on this project, the tender is deemed acceptable. Aquafor Beech Limited were hired by the City in 2015 to undertake the detailed design and approvals for this project. This consulting firm should also be retained for contract administration and construction supervision, which includes inspection of the installation of the works and certification that the works are carried out in accordance with the approved drawings and specifications of Tender No. T-17-2016. In accordance with Purchasing Policy 10.03 (c) where the project or annual cost of a consulting or professional service assignment is expected to be more than $50,000.00 and the initiating Director intends to acquire the services without obtaining written proposals, the Director shall submit a Report to Council to obtain approval to engage the services of a particular consultant. Staff recommends acceptance of the fee proposal dated July 26, 2016 submitted by Aquafor Beech Limited for contract administration and construction supervision in the amount of $85,920.00 (HST extra). Upon careful examination of all tenders and relevant documents received, the Engineering Services Department recommends acceptance of the low bid submitted by R&M Construction for Tender No. T-17-2016 in the amount of $840,731.88 (HST included), and that the total net project cost of $1,046,534.00 be approved. CORP0227-07/01 revised 72 73 ENG 24-16 Subject: Tender for Pine Creek Outfall Channel Restoration Tender No. T-17-2016 Attachments: 1. Supply & Services Memorandum dated October 26, 2016 2. Record of Tenders Opened and Checked November 21, 2016 Page 6 3. Aquafor Beech Limited Fee Proposal Letter dated July 26, 2016 4. Location Map -Project Area 5. Council Resolution #65/15 CORP0227-07/01 revised 1 TOREPORT# fNCc) ILI~J'-P ATTACHMENT#.........l.\-0'--t ·()._ of 3 Pursuant to Information to Bidders Item 26 and Tendering Specifications Item 19 and 20, the following documentation will be requested of 560789 Ontario Ltd. o/a R&M Construction for your review during the evaluation stage of this tender call. Please advise if Supply & Services is to proceed with collecting the following documentation: (a) A copy of the currently dated and signed Health and Safety Policy to be used on this project; (b) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (c) The City's certificate of insurance or approved alternative form completed by the Bidder's agent, broker or insurer; (d) A Waste Management Plan; (e) Accessibility Regulations for Contracted Services form; (f) A completed Reference Form; and (g) A completed Sub-contractors List, listing all sub-contractors who may be carrying out any part of this Contract. A budget of $1,000,000.00 was provided to Supply& Services for this procurement. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. · As such, in accordance with Purchasing Policy Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Please include the following items in your Report: 1. if Items (a) and (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate; 2. if the Certificate of Insurance is acceptable to the Manager, Budgets & Internal Audit; 3. if the list of subcontractors is acceptable; 4. if the Waste Management Plan is acceptable; 5. without past work experience, if the Reference information is acceptable; 6. the appropriate account number(s) to which this work is to be charged; 7. the budget amount(s) assigned thereto; 8. Treasurer's confirmation of funding; 9. related departmental approvals; and 10. related comments specific to the project. After receiving Council's approval, an approved "on-line" requisition will be required to proceed. Tender No. T-17-2016 Pine Creek Outfall Channel Restoration Page 276 ATIACHMENT#_J_ TOREPORT#~f, ~ -llp 2.-:or-.::f-- July 26th, 2016 Erosion and Sediment Control Inspection with CISEC certification, and a practicing member of Professional Engineers Ontario. As per previous discussions, Aquafor has proposed a plan where full time supervision services will be provided for approximately half the construction time (ie. 8-10 hours per day), and part time supervision for the other half (ie. 4-5 hours per day for eight weeks). Budgeting has been based on a 16 week construction period, which can be achieved by an experienced contractor. Specific supervision tasks will include: • Daily on-site inspection of all works by a Professional Engineer familiar with the detailed design and best management practices for channel restoration and erosion & sediment control; • Documentation of construction proceedings in a daily construction log of contractor's progress, personnel and equipment on~site, material shipments, relevant discussions with the. contractor, relevant construction proceedings, climatic conditions, and flow conditions; • Preparation of a photographic record both digitally and in hard copy of construction proceedings including detailed pre-construction log and chronologie progress pictures; • Commissioning and testing of all project components to confirm function in accordance with design requirements, including retaining walls, slope stabilization, excavation, and infrastructure repair. • Chairing of weekly progress meetings. • Review tree removals, tree protection, and restoration implementation. • Progress payment responsibilities consistent with City procedures (ie. Aquafor typically completes Monthly Progress Payment certificates, then confirmed by contractor). • Substantial completion and final completion letters, and overview of deficiencies to be addressed prior to release of payment. Task 3-Contract Administration (Estimated 16 Weeks Construction) Aquafor's administration team will work in constant communication with City Manager (Ms. Irina Marouchko ), as well as the contractor on a daily basis. Tasks undertaken as part of the administration roll will include: Aquafor Be~sh ~ p ' July 26th, 2016 Respond to inquiries and request for information from landowners, adjacent landowners, and members of the public; • • Preparation of daily diaries, with particular reference to tasks completed and payment items. • Recommend on the validity of charges for addition or deletions and recommend on the issue of change orders; • Schedule, co-ordinate and attend regular (weekly) progress meetings, including pre- construction meeting, prepare and distribute meeting minutes within 3 days of the meeting; • Preparation of progress payment certificates; • Recording material quantities and they arrive to and leave from the site; • Investigate, report and provide recommendations to the City on unusual circumstances that may arise during construction; and, • Coordinate all aspects of the construction works with City staff, other related agencies. Affected utility companies, area businesses, residents and other regulatory agencies as required. Task 4-As-Built Survey (Completed Summer, 2017) Following substantial completion, Aquafor will complete an as-built survey of the channel works (plan, profile, and cross sections) to verify implementation of design within reasonable tolerances. As-constructed drawings, together with a report summarizing pre-and post- construction conditions will be provided. The report will comment on significant deficiencies found with recommendations for correction or adaptive management as required. Upset Costing Cost estimates have been prepared for each of the proposed tasks. It was assumed that the construction will be completed no later than May 30th, 2017., over a 20 week construction timeframe in which Aquafor recommends partial full time supervision, and part time supervision for the remainder of the construction. · Should construction extend beyond a 16 week timeframe, additional services for administration and supervision will be provided upon the approval of the City. Additional full time supervision would be billed at a rate of $4,050 per week, and part time supervision $2,700 per week. Legislative Services ~NiAi_~~r1ENT# ~ REPORT#-Ei:JC"-J .21{-lrp Clerk's Office ~ Directive Memorandum -~ _..._ July 16, 2015 To: From: Richard Holborn Director, Engineering & Public Works Debbie Shields City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on July 13, 2015 Director, Engineering & Public Works, Report ENG 12-15 Consultant Selection for the Engineering Design of the Pine Creek Stormwater Management Facility and Outfall Channel Restoration Council Decision Resolution #65/15 1. That Report ENG 12-15 of the Director, Engineering & Public Works regarding the Consultant Selection for the Engineering Design of the Pine Creek Stormwater Management Facility and Outfall Channel Restoration be received; 2. That the proposal No. RFP-3-2015 submitted by Aquafor Beech Ltd, to undertake the Engineering Design for the Pine Creek Stormwater Management Facility and Outfall Channel Restoration in the amount of $70,648.00 (HST included) be accepted; 3. That the total gross project cost of $106,247.00 (HST included), including the RFP amount, TRCA fees and associated costs, and the total net project cost of $95,679.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the total net project cost of $95,679.00 as follows: a) The sum of $63,786.00 to be funded from Other Revenue York Region- SEC Enhancements; b) The sum of $25,833.00 to be funded from the Development Charges- City's Share Reserve; c) The sum of $6,060.00 to be funded from the Development Charges (DC)- Stormwater Management Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Please take any action deemed necessary. Debbie Shields fir Copy: Chief Administrative Officer 84 -C~o~ PlCKERJNG Notice of Motion a) Guidelines to Protect Community Character (lnfill) Moved by Councillor Brenner Seconded by Councillor Ashe November 21, 2016 Whereas the City of Pickering recognizes the importance of community character and its preservation where infill construction takes place; Whereas the Planning Act enables approvals when it involves Draft Plans of Subdivision, but provides no jurisdiction to enable municipalities to impose conditions for individual building permits not subject to Draft Plan Conditions; Now Therefore be it resolved that the City Development Department commence a community engagement process via the establishment of a focus group that will enable Pickering to establish the creation of guidelines that will encourage developers and builders to be mindful of established community character when bringing forward draft plans and/or individual building permits in communities such as Fairport Beach, South Rosebank and others within Pickering. And that City staff forward copies of this resolution to all City of Pickering community associations and ratepayer groups seeking appointments to this focus group. b) Municipal Revenue Tools Moved by Councillor Brenner Seconded by Councillor Mclean Whereas municipalities in Ontario continue to be challenged to examine revenue raising tools as an option to decrease the increasing burden of residential property taxation; Whereas municipalities such as the City of Pickering see an increasing need for the level of services and deteriorating infrastructures; Whereas municipalities are responsible for making local decisions, including compliance with any and all statutes or regulations set by the Province of Ontario; Whereas the Municipal Act provides a framework that can enable municipalities to utilize a range of Economic Development tools to generate revenue that can offset the burden of property taxation; 85 86 Now Therefore be it resolved that the City of Pickering seek clarification from the Ministry of Municipal Affairs and Housing on its ability to establish a Municipal Service Corporation that can sell services to the private sector through the utilization of its public sector workers and equipment, in an effort to generate revenue to be used to benefit the tax payers by funding increasing levels of public service and capital infrastructure costs. And that City staff forward copies of this motion to The Honourable Bill Mauro, Minister of Municipal Affairs, The Honourable Tracy MacCharles, MPP, Pickering- Scarborough East, Joe Dickson, MPP Ajax-Pickering, the Region of Durham and all municipalities in the Region of Durham. c) VIA Rail Station in Pickering Moved by Councillor Brenner Seconded by Councillor Cumming Whereas the City of Pickering is a destination point by virtue of its geographic location along the Lake Ontario shoreline VIA Rail line; Whereas the Pickering City Centre Plan, Durham Region Official Plan and Ontario Places to Grow designates Pickering as a regional hub that will see increasing levels of intensification within its centre to accommodate an additional 8,300 persons and 8, 700 jobs over the next 20 years and beyond; Whereas in addition to the potential for corporate office development within the City Centre Plan, a new innovation employment corridor will be built abutting the 401 corridor; Whereas the ability to move people in an efficient cost effective manner is a priority of all levels of government and consistent with the management philosophy, vision and mission of VIA Rail Canada; Now Therefore be it resolved that the City of Pickering request VIA Rail Canada to incorporate into the newly renovated expanded Pickering GO Train Station, a VIA Rail stop along its east-west Lakeshore corridor line. And that City of Pickering staff forward copies of this motion to Yves Desjardines- Siciliano, President and CEO of VIA Rail Canada, Bruce McCuaig, President and CEO of Metrolinx, Jennifer O'Connell, MP, Pickering-Uxbridge, The Honourable Tracy MacCharles, MPP, Pickering-Scarborough East and Joe Dickson, MPP Ajax- Pickering. d) Arrive Alive Moved by Councillor Brenner Seconded by Councillor Mclean Whereas the City of Pickering strives to be a leader in its support for proactive measures that can reduce the risks associated with drinking and driving; Whereas while there has been increased levels of enforcement, education and awareness about not drinking and driving, more needs to be done to address growing concerns related to drinking and driving and the morning after effects by responsible drinkers who take appropriate steps when leaving a bar via a designated driver or similar such programs and show up for work the next day, unaware that they continue to have levels of alcohol in their system; Whereas countries such as France, Finland, Norway, Sweden and others have implemented or are in the process of implementing legislation requiring all vehicles that transport people or are contracted by various levels of government that interact in the public realm must have a proactive Alcohol Countermeasure System installed on vehicles; Whereas equipment such as the ACS Alcolock System provides safeguards that will prevent and alert an operator of a vehicle if their blood alcohol level is too high and that they and the public may be at risk; Whereas installation of such devices not only improves public safety, but may also reduce the cost of fleet insurance policies; Now Therefore be it resolved that the City of Pickering request the Province of Ontario to implement legislation that will require operators of public transportation vehicles to have installed devices that will proactively prevent the risks associated with high blood alcohol levels the morning after drinking. Now therefore be it further resolved that City staff forward copies of this motion to The Honourable Steven Del Duca, Minister of Transportation, all Regional Municipalities within the GTA that operate public transit, including Metrolinx, The Honourable Tracy MacCharles, MPP, Pickering-Scarborough East, Joe Dickson, MPP Ajax-Pickering and the Durham Public and Separate School Boards. And that the GAO for the City of Pickering explore the possibility of implementing a pilot project through the use of such devices in all City of Pickering vehicles. 87 -Cif;;~d PJCKERJNG November 21, 2016 By-laws 7437/15 7521/16 7522/16 7523/16 7524/16 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham on Part of Lot 28, Range 3, Broken Front Concession, City of Pickering. (A 4/12) (By-law attached) [No action required -OMB Order No. 150782] Being a by-:law to amend By-law Number 2995 to change the normal retirement age under the OMERS primary pension plan ("Primary Plan"), and the retirement compensation arrangement that provides benefits for members and former members of the Primary Plan ("RCA"), in respect of the employees identified herein. [Refer to Executive Committee page 170] 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 Executive Committee pages 133-134] Being a by-law to amend Schedule A of By-law 8362/14 appointing Inspectors. (By-law attached) Being a By-law to adopt Amendment 27 to the Official Plan for the City of Pickering (OPA 15-004/P) [Refer to Planning & Development Committee pages 26-1 05] 88 89 The Corporation of the City of Pickering By-law No. 7437/15 OMB ORDER No. 150782 August 5, 2016 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham on Part of Lot 28, Range 3, Broken Front Concession, City of Pickering. (A 4/12) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 28, Range 3, Broken Front Concession, in the City of Pickering to permit the development of a commercial plaza; And whereas an amendment to By-law 3036, as amended, is required to permit such a use; Now therefore by Order the Ontario Municipal Board amends By-law 3036 as follows: 1. Schedules I and II Schedules I and II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands on Part of Lot 28, Range 3, Broken Front Concession, in the City of Pickering, designated "MU-26" on Schedule I attached hereto. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) "Automobile Body Shop" mea.ns an establishment engaged in repairing or painting of vehicle bodies. (2) "Building Height" means the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. A penthouse, tower, qupola, steeple or other roof structure which is used only as an ornament upon or to house the mechanical equipment of any building shall be excluded in calculating the height of such building. By-law No. 7437/15 Page 3 (11) "Floor Area" means the total area of all floors of a building within the outside walls or outside finished furred partitions of the walls, but does not include a porch, non-walk-in bay window, attic, basement, enclosed or roofed walkways or loading dock. (12) "Financial Institution" means a building, or part thereof, where money is deposited, withdrawn, kept, lent or exchanged, and which may include a drive-through facility. (13) "Functional Floor" means a floor level of a building, above the ground, having a gross floor area designed for tenant occupancy. (14) "Gas Bar" means a building or structure used for the dispensing of motor vehicle fuels and accessories and may include an accessory convenienc.e store. (15) "Gross Floor Area" means the aggregate of all floor areas of a building or structure above or below established grade, which floor areas are measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. (16) "Gross Leasable Floor Area" means the total gross floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors if any; expressed in square metres and measured from the centre of joint partitions and from outside wall faces. (17) "Ground Floor" means the floor of a building approximately at or first above grade. (18) "Medical Office" means premises designed and used for the diagnosis, examination, and medical, surgical or physiotherapeutic treatment of human patients, and which may include pharmacies and dispensaries which are limited to a maximum of 50 square metres in gross leasable floor area, waiting rooms, treatment rooms and blood testing clinics, but shall not include overnight accommodation for in-patient care. 90 91 By-law No. 7437/15 PageS (29) (30) "Vehicle Repair Shop" means a premises used to conduct diagnostic services, repairs, detail and cleaning services or equipping of vehicles or in which the replacement of parts and service~ to vehicles are completed while the customer waits. "Veterinarian Clinic" means a building or part of a building providing the services of a veterinarian, and facilities for the medical treatment, ~xamination, surgery, diagnosis, grooming, general health care, and observation of domestic animals and birds. 5. Provisions (1) Uses Permitted ("MU-26" Zone) No person shall within the lands zoned "MU-26" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) Bake Shop (b) Commercial Fitness/Recreational Centre (c) Commercial School (d) Convenience Store (e) Day Care Centre· (f) Drive-Through Facility (g) Dry Cleaner's Distributing Station (h) Financial Institution (i) Medical Office G) Office (k) Personal Service Establishment (I) Restaurant (m) Retail Store (n) Veterinarian Clinic By-law No. 7437/15 Page 7 (c) Floor Area Limitations: (i) Maximum gross leasable floor area for 2,600 square metres all uses: (ii) Maximum gross leasable floor area for 1 ,000 square metres all medical offices: (iii) Maximum gross leasable floor area for 1,000 square metres Restaurants: (d) Parking Requirements: (i) For all permitted uses, parking shall be provided and maintained on lands zoned "MU-26" on Schedule I attached hereto, at a minimum rate of 4.5 spaces per 100 square metres or part thereof of gross leasable floor area; (ii) Despite section 5.(3)(d)(i) of this By-law, no additional parking shall be required for the first 550 square metres of gross leasable floor area provided on a functional second storey; (iii) Outdoor patios must not encroach on or eliminate any required parking or loading space, driveway or aisle; (iv) Despite section 5.(3)(d)(i) of this By-law, no additional parking is required for an outdoor patio; (v) Despite sections 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall b~ surfaced with brick, asphalt or concrete, or any combination thereof; (vi) Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply. (e) Drive-Through Facility Requirements: (i) A maximum of one drive-through facility shall be permitted; (ii) A stacking lane, order and menu boards, and pick-up windows associated with a drive-through facility use shall not be located within 15 metres of a Residential Zone; (iii) Drive-through stacking lanes shall not be located between a building(s) and Kingston Road; 92 By-law No. 7437/15 Page 9 (b) Removal of the "(H)" Holding Symbol The "(H)" Holding Symbol shall not be removed from the "MU-26" zone until completion of the following: (i) The Owner has entered into a Site Plan/Development Agreement with the City and the Region of Durham; (ii) The Owner has satisfied all technical and engineering requirements for the piping of the Amberlea Creek tributary to the satisfaction of the City and the Toronto and Region Conservation Authority; (iii) The Owner has made a financial payment as compensation for the piping of the Amberlea Creek tributary to the satisfaction of the Toronto and Region Conservation Authority; Amended by OMB Decision/Order No. PL 150782 August 5, 2016 (iv) The Owner has satisfied the City with respect to cost recovery for the Northeast Quadrant Study, and for the Delta Boulevard storm sewer over sizing if req~ired. 93 6. By-Jaw 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedules I and II attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 7. Effective Date This By-law shall come into force on the day it is passed pursuant to an Order of the Ontario Municipal Board. Note: Final Written Decision of the Ontario Municipal Board delivered by H. Jackson · was issued on August 5, 2016. The Corporation of the City of Pickering By-law No. 7523/16 Being a By-law to amend Schedule A of By-law 7362/14 appointing Inspectors Whereas, pursuant to the provisions of subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Act within the City of Pickering; Whereas, pursuant to By-law 7362/14, Council appointed a Chief Building Official and such .Inspectors as are necessary for the enforcement of the Act within the City of Pickering; Whereas, as a result of recent staff changes, the By-law to appoint these individuals must be amended to reflect the deletion of two Inspectors, and appointment of a new Inspector; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Schedule A of By-law 7362/14, as amended, is hereby deleted and replaced with Schedule A attached hereto. By-law passed this 21st day of November 2016. David Ryan, Mayor Debbie Shields, City Clerk 96 Schedule A Appointments Item Column Column 1. Chief Building Official Kyle Bentley 2. Deputy Chief Building Official/Inspector Carl Kolbe 3. Deputy Chief Building Official/Inspector Brenda Yarush 4. Inspector Albert Alvero c- 5. Inspector Steven Amaral 6. Inspector Jeremy Bender 7. Inspector Adam Fowler 8. Inspector Rachelle Gravel . 9. Inspector Brian Holmes 10. Inspector Andras Szonyi 11. Inspector Robert Watson 12. Inspector Andy Westcott 13. Inspector Vacant 97