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January 9, 2023
Executive Committee Meeting Agenda January 9, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public may attend the meeting in person, or may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. Page 1. Roll Call 2. Disclosure of Interest 3. Delegations Members of the public looking to provide a verbal delegation to Members of the Executive Committee may do so either in person, or through a virtual audio telephone connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 10 minutes shall be allotted for each delegation. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 4. Matters for Consideration 4.1 Chief Administrative Officer, Report CAO 01-23 1 Use of Delegated Authority During Lame Duck Period of August 19, 2022 to November 14, 2022 Recommendation: That Report CAO 01-23 regarding the use of delegated authority during the Lame Duck Period of August 19, 2022 to November 14, 2022 be received for information. 4.2 Chief Administrative Officer, Report CAO 03-23 36 Pre 2023 Capital Budget Approval - Fire Services Portable Radios Executive Committee Meeting Agenda January 9, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1. That Council approve the pre 2023 Capital Budget approval for the purchase of Fire Services portable radios (C10700.2303) in the amount of $500,000.00 to be funded from a 5-year internal loan; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 4.3 Director, Corporate Services & City Solicitor, Report CLK 01-23 38 2022 City of Pickering Municipal Election Review Recommendation: That Report CLK 01-23 regarding a review of the 2022 Municipal Election, be received for information. 4.4 Director, Community Services, Report CS 01-23 64 2023 Community Festivals and Events - Approval of 2023 Events in Esplanade Park Recommendation: 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on Wednesday, June 21, 2023 for National Indigenous Peoples Day, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 2. That Council authorize staff to issue a park permit for the use of Esplanade Park by Affiliation For Inspiring Youth Upliftment Enterprise (A.F.I.Y.U) on Saturday, July 15, 2023, and Saturday, July 22, 2023 (rain date) for a Movie Night, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 3. That Council authorize staff to issue a park permit for the use of Esplanade Park by Canadian Food Truck Festivals from Thursday, August 10 to Monday, August 14, 2023 (inclusive) for Pickering Executive Committee Meeting Agenda January 9, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Food Truck Festival, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 4. That Council authorize staff to issue a park permit for the use of Esplanade Park by the office of Peter Bethlenfalvy, MPP Pickering- Uxbridge on Sunday, August 20, 2023 for a Community BBQ, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.5 Director, Community Services, Report CS 02-23 68 Community Banner Policy Recommendation: 1. That Council endorse CUL 140 Community Banner Policy as set out in Attachment 1 to this report, subject to minor revisions acceptable to the Director, Community Services; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 4.6 Director, Engineering Services, Report ENG 01-23 80 Quotation No. Q2022-19 - Construction of Two Basketball Facilities Recommendation: 1. That Quotation No. Q2022-19 for Construction of Two Basketball Facilities in Usman Green and Canadian Green, as submitted by Mianco Group Inc. in the total quotation amount of $121,856.38 (HST included) be accepted; 2. That the total gross project cost of $141,000.00 (HST included), including the quotation amount, a contingency and other associated costs, and the total net project cost of $126,975.00 (net of HST rebate) be approved; Executive Committee Meeting Agenda January 9, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $126,975.00 as follows: a) the sum of $40,000.00 available budget in capital project C10320.2212 as approved in the 2022 Parks Capital Budget to be funded from the Reserve Fund – Parkland be increased to $62,269.00; b) the sum of $45,000.00 available budget in capital project C10320.2214 as approved in the 2022 Parks Capital Budget to be funded from the Reserve Fund – Parkland be increased to $64,706.00; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 4.7 Director, Finance & Treasurer, Report FIN 01-23 86 2023 Interim Levy and Interim Tax Instalment Due Dates Recommendation: 1. That an interim property tax levy be adopted for all realty property classes for 2023; 2. That the interim property tax levy instalment due dates be February 27 and April 27, 2023; 3. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 4.8 Director, Corporate Services & City Solicitor, Report LEG 01-23 91 Joseph E. Murley and Joyce Murley – Plan of Subdivision 40M-2164 - Final Assumption of Plan of Subdivision - Lot 10, Plan 40M-2164 - 1715 Rockwood Drive Recommendation: Executive Committee Meeting Agenda January 9, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1.That works and services required by the Subdivision Agreement dated September 6, 2002 and amended by an agreement dated June 1, 2011 (hereinafter referred to as the “Subdivision Agreement”) within Lot 10, Plan 40M-2164, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2.That Joseph E. Murley and Joyce Murley be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2164; and, 3.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 4.9 Director, Corporate Services & City Solicitor, Report LEG 02-23 94 Lebovic Enterprises Limited – Plan of Subdivision 40M-2495 -Final Assumption of Plan of Subdivision -Lots 1 to 164 and Blocks 165 to 194, Plan 40M-2495 and Part Lot 20, Concession 3, being Parts 14 and 15, Plan 40R-6934 Recommendation: 1.That Dusty Drive, Spinnaker Mews, Canadian Street, Bruny Avenue, Brandy Court, Winville Road, Shepway Mews, Caravan Mews and Pegasus Mews within Plan 40M-2495 be assumed for public use; 2.That works and services required by the Subdivision Agreement, dated October 14, 2011, within Plan 40M-2497 and Parts 14 and 15, Plan 40R-6934, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; Executive Committee Meeting Agenda January 9, 2023 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Brenner For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 3.That Lebovic Enterprises Limited be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2495 and Parts 14 and 15, Plan 40R-6934; and 4.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 4.10 Director, City Development & CBO, Report SUS 01-23 97 Review of Diabetes Canada Textile Drop Box Initiative -Council Resolution #223/20 Recommendation: 1.That Report SUS 01-23 of the Director, City Development & CBO, regarding the Diabetes Canada Textile Drop Box Initiative, be received for information; 2.That Council endorse staff’s recommendation that the City of Pickering not enter into a partnership agreement with Diabetes Canada to install textile drop boxes on City of Pickering properties or adjacent to City facilities; and, 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 5.Other Business 6.Adjournment __ _ , . z C ) Report to Executive Committee Report Number: CAO 01-23 Date: January 9, 2023 From: Marisa Carpino Chief Administrative Officer Subject: Use of Delegated Authority During Lame Duck Period of August 19, 2022 to November 14, 2022 -File: A-1440-001 Recommendation: That Report CAO 01-23 regarding the use of delegated authority during the Lame Duck Period of August 19, 2022 to November 14, 2022 be received for information. Executive Summary: Further to the approval of Report CLK 03-22, Restricted Acts after Nomination Day (Lame Duck Period), through Council Resolution #903/22, and with the closing of nominations for the 2022 Municipal Election at 2:00 pm on August 19, 2022, it was determined that Pickering City Council was Lame Duck based on the nominations to the new Council that were certified (see Attachment #1). As set out in Report CLK 03-22, staff recommended that delegated authority be provided to the Chief Administrative Officer (CAO) for two of the acts restricted by the Municipal Act (the “Act”) during the Lame Duck period, being: 1) the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and, 2) making any expenditures or incurring any other liability which exceeds $50,000 which are not included in the most recent budget adopted by Council prior to nomination day. Accordingly, Council enacted Bylaw No. 7934/22 on May 24, 2022 to give effect to staff’s recommendation. In accordance with Section 2 of By-law No. 7934/22, correspondence CAO 77-22 was issued to members of Council on October 21, 2022 providing notification that delegated authority had been exercised by the CAO for the tenders, proposals and contracts listed therein (see Attachment #3). In accordance with Section 3 of By-law No. 7934/22, Report CAO 01-23 is hereby presented for Council’s information, setting out each use of delegated authority pursuant to this By-law. There was no use of delegated authority other than as listed in correspondence CAO 77-22. Financial Implications: As per Section 2 of By-law No. 7934/22, the below three capital projects received approval from the CAO to proceed with their tenders, awards and/or contracts: - 1 - CAO 01-23 January 9, 2022 Subject: Use of Delegated Authority Page 2 Project Funding Source Budget Required Under/(Over) Fairview Avenue Reconstruction SWM Reserve Fund 310,000.00 406,928.00 (96,928.00) CHDRC Pool Bleacher Replacement Ontario Trillium Grant 52,000.00 115,396.00 (63,396.00) CHDRC Pool Bleacher Replacement Rate Stabilization Res 25,000.00 28,849.00 (3,849.00) Brock Ridge Community Park Parking Lot Parkland Reserve Fund 120,000.00 82,575.00 37,425.00 The over-expenditure for capital project “Fairview Avenue Reconstruction” in the amount of $96,928.00 will be covered by the Stormwater Management Reserve Fund, which has sufficient funds to cover the overage. The over-expenditure for capital project “CHDRC Pool Bleacher Replacement” in the amount of $67,245.00 will be primarily covered by the Ontario Trillium Grant in the amount of $63,396.00. The residual over-expenditure of $3,849.00 will be funded by the Rate Stabilization Reserve. Discussion: At the Council meeting of May 24, 2022, Council approved Report CLK 03 -22 regarding Restricted Acts after Nomination Day (Lame Duck Period), Delegation of Authority under Section 275 of the Act and enacted Bylaw No. 7934/22 as per Resolution #903/22. With the closing of nominations for the 2022 Municipal Election on August 19, 2022, it was determined that Pickering City Council was Lame Duck, based on the nominations to the new Council that were certified (see Attachment #1). In accordance with the Act, the council of a local municipality shall not undertake any of the restricted acts when it can be determined that the new incoming council will include less than three-quarters of the members of the outgoing council. Three-quarters of a 7 member council equals 6 members. As of the close of nominations on August 19th, only 4 of 7 of the outgoing members could be returning to Pickering Council. The Act therefore restricted the following acts between August 19, 2022 and the end of the Council term on November 14, 2022: a)the appointment or removal from office of any officer of the municipality; b)the hiring or dismissal of any employee of the municipality; c)the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and d)making any expenditures or incurring any other liability which exceeds $50,000. The Act provides that the restrictions described in c) and d) do above not apply if the disposition, liability, or expenditure was included in the most recent budget adopted by Council - 2 - CAO 01-23 January 9, 2022 Subject: Use of Delegated Authority Page 3 prior to Nomination Day. Any expenses exceeding $50,000 that were not included in the 2022 Budget could not be approved by Council for the remainder of the Term. By-law No. 7934/22 provides the CAO with delegated authority for two of the acts restricted by the Act during the Lame Duck period, being: 1) the disposition of any real or personal property of the municipality which has a value exceeding $50,0000 at the time of disposal; and 2) making any expenditures or incurring any other liability which exceeds $50,000 which are not included in the most recent budget adopted by Council prior to Nomination Day. By-law No. 7934/22 includes the following provisions (see Attachment #2): Section 2, “The Chief Administrative Officer shall notify Council in writing, for their information, on an ongoing basis, of any exercise of delegated authority pursuant to this By-law”. Section 3, “The Chief Administrative Officer shall provide an information report to the new Council, in the first quarter of the year following the election, setting out each use of delegated authority pursuant to this By-law”. In accordance with Section 2 of By-law No. 7934/22, correspondence CAO 77-22 was issued to Members of Council on October 21, 2022 providing notification that delegated authority had been exercised by the CAO for the tenders, proposals and contracts listed therein as set out below (see Attachment #3). 1.Fairview Avenue Reconstruction: As CAO, I approved the tender award for Fairview Avenue Reconstruction in the amount of $406,928 (net of HST rebate). The net project cost exceeds the Council approved budget of $310,000 in the amount of $96,928. As per the attachment memorandum dated October 19, 2022 that awards Tender No. T2022-10, Finance confirmed there are sufficient funds available in the Stormwater Management Reserve Fund to cover this over-expenditure. 2.CHDRC Pool Bleacher Replacement: As CAO, I approved the award for the CHDRC Pool Bleacher Replacement in the amount of $144,245 (net of HST rebate). The net project cost exceeds the Council approved budget of $77,000 in the amount of $67,245. As per the attachment memorandum dated October 20, 2022, this over-expenditure is largely being addressed by additional grant funding in the amount of $63,396 from the Ontario Trillium Foundation. The balance of this over-expenditure in the amount of $3,849 will be covered by the City’s Rate Stabilization Reserve. Please note that this bid was procured through the Canoe Procurement Group (cooperative buying group), of which the City of Pickering is a member. 3.Brock Ridge Community Park Parking Lot: As CAO, I approved the award of consulting services to Sabourin Kimble & Associates Ltd. (SKA) for Brock Ridge Community Park Parking Lot in the amount of $82,575 (net of HST rebate). In accordance with Section 10.03 of the Purchasing Policy (PUR 10), the services of a particular consultant may be selected without going through a competitive process; where the funds are available in the approved budget and the project cost of a consulting - 3 - CAO 01-23 January 9, 2022 Subject: Use of Delegated Authority Page 4 service assignment is expected to be above $50,000 is subject to the additional approval of Council. Since Council was unable to provide approval during current lame duck restrictions, I exercised my delegated authority pursuant to By-law No. 7934/22 to approve this award. For more information, please see the attachment memorandum dated September 15, 2022 (which received my formal approval on October 21, 2022). In accordance with Section 3 of By-law 7934/22, Report CAO 01-23 is hereby presented for Council’s information setting out each use of delegated authority pursuant to this By-law. There has been no use of delegated authority other than as set out in this Report. Attachments: 1.Correspondence CAO 59-22, dated August 19, 2022 2.By-law No. 7934/22 3.Correspondence CAO 77-22, dated October 21, 2022 Prepared/Approved/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor Original Signed By: Susan Cassel City Clerk :mc Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 4 - -~of P](KER]NG cf- Attachment #1 to Report CAO 01-23 Memo To: Mayor Ryan August 19, 2022 Members of Council From: Susan Cassel City Clerk Copy: Chief Administrative Officer Directors Deputy Clerk Directors Admins Subject: Notice of Lame Duck and Restricted Acts under the Municipal Act -Delegated Authority to the CAO through By-law #7934/22 File: A-2000 Further to the approval of Report CLK 03-22, Restricted Acts after Nomination Day (Lame Duck Period), through Council Resolution #903/22, and with the closing of nominations for the 2022 Municipal Election being today at 2:00 pm, it has been determined that Pickering City Council is now Lame Duck. A copy of Report CLK 03-22 is included as Attachment #1 to this Memo. The lame duck determination is made in two different scenarios during the election period: 1.After nomination day (August 19, 2022), but before voting day (October 24, 2022), the determination shall be based on the nominations to the new council that have been certified and any acclamations made to the new council; and, 2.After voting day, the determination shall be based on the declaration of the results of the election including declarations of election by acclamation. In accordance with the Municipal Act (the “Act”), the council of a local municipality shall not undertake any of the restricted acts when it can be determined that the new incoming council will include less than three-quarters of the members of the outgoing council. Three-quarters of a 7 member council equals 6 members. As of the close of nominations today at 2 pm, only 4 of 7 of the current outgoing members could be returning to Pickering Council. Therefore, the following restricted acts are now in effect for the remainder of the Council Term which ends on November 14, 2022: a)the appointment or removal from office of any officer of the municipality; b)the hiring or dismissal of any employee of the municipality; - 5 - CAO 59-22 c)the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and, d)making any expenditures or incurring any other liability which exceeds $50,000. The Act provides that the restricted acts described in bullets c) and d) do not apply if the disposition, liability, or expenditure was included in the most recent budget adopted by Council prior to Nomination Day. Any expenses exceeding $50,000 that were not included in the 2022 Budget cannot be approved by Council for the remainder of the Term. As part of the approval of Report CLK 03-22, staff recommended that delegated authority be provided to the Chief Administrative Officer (CAO) for two of the restricted acts during the Lame Duck period. Accordingly, Council enacted Bylaw #7934/22 on May 24, 2022 which provides authorization to the CAO for the disposition of real or personal property of the municipality which a value exceeding $50,000 provided the disposition does not exceed $500,000 per occurrence. The By-law provides further authority to the CAO to make expenditures outside those already included in the 2022 Budget and such expenditure cannot exceed $500,000 per occurrence. With the determination that Pickering Council is now Lame Duck, By-law #7934/22 is now in effect. A copy of the By-law is included as Attachment #2 to this Memo. In addition to the delegated authority to the CAO, By-law #7934/22 contains provisions that require the CAO to notify the current Council, on an ongoing basis, in writing, of any exercise of the delegated authority. The By-law further requires the CAO to report to the new Council within the first quarter of the first year of the new term, on all uses of the delegated authority. Should you have any questions, please do not hesitate to contact me. Sincerely, Susan Cassel Attachment Attachment #1 – Report CLK 03-22 Attachment #2 – By-law 7934/22 August 19, 2022 Page 2 of 2 Notice of Lame Duck and Restricted Act under the Municipal Act - 6 - .. . . . . . z C ) Attachment #1 Report to Executive Committee Report Number: CLK 03-22 Date: May 2, 2022 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Restricted Acts after Nomination Day (Lame Duck Period) -Delegation of Authority under Section 275 of the Municipal Act -File: A-1440 Recommendation: 1.That Report CLK 03-22, regarding Restricted Acts after Nomination Day (Lame Duck Period), Delegation of Authority under Section 275 of the Municipal Act, be received; 2.That the draft By-law, included as Attachment #1 to Report CLK 03-22, be approved and brought forward for enactment at the May 24, 2022 Meeting of Council; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: Section 275 of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”), provides for restrictions on the actions that municipal councils can take, in the period leading up to an election, when it can be ascertained that the new incoming council will include less than three-quarters of the members of the outgoing council. This is commonly referred to as the “Lame Duck Period”. The lame duck determination is made in two different scenarios during the election period: 1.After nomination day (August 19, 2022), but before voting day (October 24, 2022), the determination shall be based on the nominations to the new council that have been certified and any acclamations made to the new council; and, 2.After voting day, the determination shall be based on the declaration of the results of the election including declarations of election by acclamation. If it is determined that Council is in a Lame Duck Period, for the remainder of the term of Council, Pickering City Council will be restricted from certain acts as set out in Section 275 of the Act. To that end, staff are seeking approval of a By-law to give delegated authority to the Chief Administrative Officer (CAO) for some of these restricted acts. Financial Implications: There are no financial implications associated with this Report, however, the exercise of the delegated authority described in the attached By-law will have financial implications as described in the Discussion section of this Report. - 7 - CLK 03-22 May 2, 2022 Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 2 Discussion: City of Pickering Council is comprised of seven Members, and the new incoming Council for the 2022-2026 Term will also consist of seven Members. As noted above, Section 275 of the Act states that the authority of the current Council will be subject to certain restrictions if the new incoming council will include less than three-quarters of the Members of the outgoing Council. Three-quarters of the City’s seven Member Council equals six. On Nomination Day (August 19, 2022), if it can be determined with certainty, based on the certified nominations and any acclamations to the new Council, that less than six of the outgoing Members will be returning, the restricted acts under Section 275 of the Act will apply. This could also be the case after Election Day (October 24, 2022) when, based on the election results, it is certain that less than six of the outgoing Members will be returning. (Note: This situation will have fewer implications, as there are no Council meetings scheduled after Voting Day until the inaugural meeting of the new Council, which is scheduled for November 21, 2022). Restricted Acts under Section 275 of the Municipal Act The following are the four restricted acts during a Lame Duck Period: a)the appointment or removal from office of any officer of the municipality; b)the hiring or dismissal of any employee of the municipality; c)the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and, d)making any expenditures or incurring any other liability which exceeds $50,000. Section 275(4) of the Act provide that clauses c) and d) do not apply if the disposition or liability was included in the most recent budget adopted by Council before Nomination Day in the Election. Section 275(4.1) states that nothing prevents a municipality taking any action in the event of an emergency (emergency meaning that as defined under the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9). Section 275(6) states that nothing prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to Nomination Day for the election of the new council. Delegated Authority for Restricted Acts during a Lame Duck Period This report is presented to Council to seek approval of delegated authority for the CAO for the disposition of real or personal property, and for certain expenditures outside those already approved in the 2022 Current and Capital Budgets should a Lame Duck Period be in effect. Delegation of authority during a Lame Duck Period is a common practice among municipalities in Ontario, and is put in place to ensure business continuity, efficient management, and the ability to respond to urgent situations, where additional expenditures not approved in the most recent budget, may be required. As outlined in the attached draft By-law (Attachment #1), the - 8 - CLK 03-22 May 2, 2022 Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 3 proposed delegation of authority is subject to certain limitations in that expenditures for the disposition of land and any other expenditures or liabilities not included in the 2022 Budget are subject to a limit of $500,000 per expenditure. It should also be noted that the proposed delegation of authority only comes into effect once a Lame Duck Period has been ascertained by the City Clerk and Council has been notified of same. The delegation of authority would end when the Council-elect is deemed to be organized at the November 21, 2022 Inaugural Meeting. Where no Lame Duck Period exists, the By-law would have no effect. At the time of writing this report, the Town of Whitby and the Region of Durham already have lame duck delegation by-laws or policies in place, and Clarington, Oshawa, and Ajax are all considering the delegation of authority to their CAO’s should a Lame Duck Period come into effect in those municipalities for the 2022 Municipal Election. Several other municipalities in the Greater Toronto Area and beyond had already enacted delegation By-laws prior to the 2018 municipal election, and these were all reviewed as part of the research undertaken for this Report. Of the restricted acts outlined in Section 275 of the Act, only those acts in clauses c) and d) require the delegation of authority to the CAO. The following provides an overview of each of the restricted acts and the provisions that will be needed should a Lame Duck Period be in effect: a)the appointment or removal from office of any officer of the municipality: The appointment or removal from office of any officer of the municipality applies only to statutory positions (Clerk, Fire Chief, Chief Building Official and Treasurer). Section 23.3(1) of the Act, prohibits the delegation of the power to appoint or remove from office an officer of the municipality and therefore, this is not a restricted act that can be delegated. Should a statutory position be vacated during a Lame Duck Period, Council would be prohibited from appointing an individual to such position. That said, the statutory positions of Clerk, Fire Chief, Chief Building Official, and the Treasurer, have Deputies already appointed to act in their place should a vacancy occur. b)the hiring or dismissal of any employee of the municipality: Under By-law 7780/20, a By-law outlining the duties and responsibilities of the CAO, the CAO has the authority to hire and discharge all employees, except for the above-noted statutory positions. As a consequence, no delegation of authority is required for this restricted act. c)the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal: Most dispositions of real or personal property require Council approval. Real estate transactions sometimes arise throughout the year, and cannot all be anticipated when the annual budget is approved. It is therefore recommended the CAO be delegated authority to approve such dispositions, on an as needed basis, with a limit of $500,000 per occurrence. Dispositions of real or personal property exceeding $500,000 will not be possible during the Lame Duck Period. - 9 - Original Signed By: Original Signed By: Susan Cassel Paul Bigioni City Clerk Director, Corporate Services & City Solicitor CLK 03-22 May 2, 2022 Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 4 d)making any expenditures or incurring any other liability which exceeds $50,000: Any expenditures that have not been approved in the 2022 Budget, and need to be incurred during the Lame Duck Period, could not be approved by Council if the expenditure or liability exceeds $50,000. It is therefore recommended that the CAO be delegated the authority to approve such transactions, on an as needed basis, with a limit of $500,000 per occurrence. Some examples of unexpected expenditures could include, but are not limited to: i.approval of additional/overage costs associated with a construction project award already approved by Council; ii.the approval of a transfer of funds from reserves for project overages in accordance with the Financial Control Policy, in conjunction with the Treasurer; or, iii.unexpected expenditures of an urgent nature, such as due to a major storm event, that have not been included in the 2022 Budget. Staff recommend a limit of the delegated authority to $500,000 per expenditure/liability based on the delegation by-laws of several other municipalities. It should be noted, however, that some municipalities have chosen to give their CAOs unlimited delegated authority for Lame Duck Periods. The attached draft By-law contains a provision requiring the CAO to notify the current Council, on an ongoing basis, in writing, of any exercise of the delegated authority. The By-law also requires the CAO to report to the new Council within the first quarter of the first year of the new term, on all uses of the delegated authority. Staff recommend that Council enact the attached By-law to facilitate ongoing operation and administration of the City during a possible Lame Duck Period. Attachments: 1.Draft By-law to authorize the delegation of authority to the CAO for certain acts during a Lame Duck Period for the 2022 Municipal Election. Prepared By: Approved/Endorsed By: - 10 - CLK 03-22 May 2, 2022 Subject: Restricted Acts after Nomination Day (Lame Duck Period) Page 5 Approved/Endorsed By: Original Signed By: Stan Karwowski Director, Finance & Treasurer SC:sc Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 11 - Attachment #1 to Report CLK 03-22 The Corporation of the City of Pickering By-law No. XXXX/22 Being a by-law to authorize the delegation of authority to the Chief Administrative Officer for certain acts during a “Lame Duck Period” for the 2022 Municipal Election Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”), restricts Council from undertaking certain acts after either nomination day, or after the last voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined that the new council will include less than three-quarters of the members of the outgoing council; And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends on the day the Council-elect takes office and is deemed organized in accordance with the Act; And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to Nomination Day for the election of the new council; And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its powers and duties under the Act or any other Act to a person or body, subject to the restrictions set out in the Act; And Whereas, to ensure the efficient and effective management of The Corporation of the City of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates certain authority to the Chief Administrative Officer for that period of time; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.The Chief Administrative Officer is hereby delegated Council’s authority, for the period following Nomination Day, or Voting Day, in the year of the election when it has been determined that a Lame Duck Period is in effect, for approval of the following matters: a.the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal, provided such disposition shall not exceed $500,000 per occurrence; b.in addition to the authority described in Section 1. a. above, making any expenditures or incurring any other liability that exceeds $50,000, except in those cases where the liability was included in the most recent budget adopted by Council before Nomination Day, provided that such expenditure or liability shall not exceed $500,000 per occurrence and the appropriate funds are available for the expenditure which shall be determined by the Treasurer and CAO in accordance with the Financial Control Policy; 2.The Chief Administrative Officer shall notify Council in writing, for their information, on an ongoing basis, of any exercise of delegated authority pursuant to this By-law; - 12 - ________________________________ ________________________________ By-law No. XXXX/22 Page 2 3. The Chief Administrative Officer shall provide an information report to the new Council, in the first quarter of the year following the election, setting out each use of delegated authority pursuant to this By-law; and, 4. The authority delegated pursuant to this By-law shall only be in effect during the Lame Duck Period. By-law passed this 24th day of May, 2022. David Ryan, Mayor Susan Cassel, City Clerk - 13 - Attachment #2 The Corporation of the City of Pickering By-law No. 7934/22 Being a by-law to authorize the delegation of authority to the Chief Administrative Officer for certain acts during a “Lame Duck Period” for the 2022 Municipal Election Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”), restricts Council from undertaking certain acts after either nomination day, or after the last voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined that the new council will include less than three-quarters of the members of the outgoing council; And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends on the day the Council-elect takes office and is deemed organized in accordance with the Act; And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to Nomination Day for the election of the new council; And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its powers and duties under the Act or any other Act to a person or body, subject to the restrictions set out in the Act; And Whereas, to ensure the efficient and effective management of The Corporation of the City of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates certain authority to the Chief Administrative Officer for that period of time; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. The Chief Administrative Officer is hereby delegated Council’s authority, for the period following Nomination Day, or Voting Day, in the year of the election when it has been determined that a Lame Duck Period is in effect, for approval of the following matters: a. the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal, provided such disposition shall not exceed $500,000 per occurrence; b. in addition to the authority described in Section 1. a. above, making any expenditures or incurring any other liability that exceeds $50,000, except in those cases where the liability was included in the most recent budget adopted by Council before Nomination Day, provided that such expenditure or liability shall not exceed $500,000 per occurrence and the appropriate funds are available for the expenditure which shall be determined by the Treasurer and CAO in accordance with the Financial Control Policy; 2. The Chief Administrative Officer shall notify Council in writing, for their information, on an ongoing basis, of any exercise of delegated authority pursuant to this By-law; - 14 - _____________________________ ___ _____________________________ ___ By-law No. 7934/22 Page 2 3.The Chief Administrative Officer shall provide an information report to the new Council, in the first quarter of the year following the election, setting out each use of delegated authority pursuant to this By-law; and, 4.The authority delegated pursuant to this By-law shall only be in effect during the Lame Duck Period. By-law passed this 24th day of May, 2022. Original Signed By David Ryan, Mayor Original Signed By Susan Cassel, City Clerk - 15 - Attachment #2 to Report CAO 01-23 The Corporation of the City of Pickering By-law No. 7934/22 Being a by-law to authorize the delegation of authority to the Chief Administrative Officer for certain acts during a “Lame Duck Period” for the 2022 Municipal Election Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”), restricts Council from undertaking certain acts after either nomination day, or after the last voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined that the new council will include less than three-quarters of the members of the outgoing council; And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends on the day the Council-elect takes office and is deemed organized in accordance with the Act; And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to Nomination Day for the election of the new council; And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its powers and duties under the Act or any other Act to a person or body, subject to the restrictions set out in the Act; And Whereas, to ensure the efficient and effective management of The Corporation of the City of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates certain authority to the Chief Administrative Officer for that period of time; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. The Chief Administrative Officer is hereby delegated Council’s authority, for the period following Nomination Day, or Voting Day, in the year of the election when it has been determined that a Lame Duck Period is in effect, for approval of the following matters: a. the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal, provided such disposition shall not exceed $500,000 per occurrence; b. in addition to the authority described in Section 1. a. above, making any expenditures or incurring any other liability that exceeds $50,000, except in those cases where the liability was included in the most recent budget adopted by Council before Nomination Day, provided that such expenditure or liability shall not exceed $500,000 per occurrence and the appropriate funds are available for the expenditure which shall be determined by the Treasurer and CAO in accordance with the Financial Control Policy; 2. The Chief Administrative Officer shall notify Council in writing, for their information, on an ongoing basis, of any exercise of delegated authority pursuant to this By-law; - 16 - ________________________________ ________________________________ By-law No. 7934/22 Page 2 3. The Chief Administrative Officer shall provide an information report to the new Council, in the first quarter of the year following the election, setting out each use of delegated authority pursuant to this By-law; and, 4. The authority delegated pursuant to this By-law shall only be in effect during the Lame Duck Period. By-law passed this 24th day of May, 2022. Original Signed By David Ryan, Mayor Original Signed By Susan Cassel, City Clerk - 17 - -~of P](KER]NG Attachment #3 to Report CAO 01-23 CAO 77-22 Memo To: Mayor Ryan and October 21, 2022 Members of Council From: Marisa Carpino Chief Administrative Officer Copy: Director, Finance & Treasurer Director, Corporate Services & City Solicitor Director, Engineering Services Director, Operations City Clerk Subject: Delegated Authority During “Lame Duck Period” for the 2022 Municipal Election -By-law No. 7934/22 File: A-1400-001 At the Council meeting of May 24, 2022, Council approved Report CLK 03-22 (Resolution #903/22) regarding Restricted Acts after Nomination Day (Lame Duck Period), Delegation of Authority under Section 275 of the Municipal Act that enacted By-law No. 7934/22 (see attached). By-law No. 7934/22 sets out the following: •Section 1 (b), “making any expenditures or incurring any other liability that exceeds $50,000, except in those cases where the liability was included in the most recent budget adopted by Council before Nomination Day, provided that such expenditure or liability shall not exceed $500,000 per occurrence and the appropriate funds are available for the expenditure which shall be determined by the Treasurer and CAO in accordance with the Financial Control Policy”. •Section 2, “The Chief Administrative Officer shall notify Council in writing, for their information, on an ongoing basis, of any exercise of delegated authority pursuant to this By-law”. Therefore, this memorandum will serve as written notice that, as CAO, I have exercised my delegated authority pursuant to By-law No. 7934/22 for the following three projects: 1.Fairview Avenue Reconstruction: I have approved the tender award for Fairview Avenue Reconstruction in the amount of $406,928 (net of HST rebate). The net project cost exceeds the Council approved budget of $310,000 in the amount of $96,928. As per the attachment memorandum dated October 19, 2022 that awards Tender No. T2022-10, Finance has confirmed there are sufficient funds available in the Stormwater Management Reserve Fund to cover this over-expenditure. - 18 - 2.CHDRC Pool Bleacher Replacement: I have approved the award for the CHDRC Pool Bleacher Replacement in the amount of $144,245 (net of HST rebate). The net project cost exceeds the Council approved budget of $77,000 in the amount of $67,245. As per the attachment memorandum dated October 20, 2022, this over- expenditure is largely being addressed by additional grant funding in the amount of $63,396 from the Ontario Trillium Foundation. The balance of this over-expenditure in the amount of $3,849 will be covered by the City’s Rate Stabilization Reserve. Please note that this bid was procured through the Canoe Procurement Group (cooperative buying group), of which the City of Pickering is a member. 3.Brock Ridge Community Park Parking Lot: I have approved the award of consulting services to Sabourin Kimble & Associates Ltd. (SKA) for Brock Ridge Community Park Parking Lot in the amount of $82,575 (net of HST rebate). In accordance with Section 10.03 of the Purchasing Policy (PUR 10), the services of a particular consultant may be selected without going through a competitive process; where the funds are available in the approved budget and the project cost of a consulting service assignment is expected to be above $50,000 is subject to the additional approval of Council. Since Council is unable to provide approval during current lame duck restrictions, I have exercised my delegated authority pursuant to By-law No. 7934/22 to approve this award. For more information, please see the attachment memorandum dated September 15, 2022 (which received my formal approval on October 21, 2022). :mc Attachment By-law No. 7934/22 Tender No. T2022-10 memo dated October 19, 2022 CHDRC Pool Bleacher Replacement memo dated October 20, 2022 Brock Ridge Community Park Parking Lot dated September 15, 2022 October 21, 2022 Page 2 of 2 Delegated authority during “Lame Duck Period” for the 2022 Municipal Election - 19 - The Corporation of the City of Pickering By-law No. 7934/22 Being a by-law to authorize the delegation of authority to the Chief Administrative Officer for certain acts during a “Lame Duck Period” for the 2022 Municipal Election Whereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”), restricts Council from undertaking certain acts after either nomination day, or after the last voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined that the new council will include less than three-quarters of the members of the outgoing council; And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends on the day the Council-elect takes office and is deemed organized in accordance with the Act; And Whereas, Section 275(6) of the Act provides that nothing in Section 275 prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to Nomination Day for the election of the new council; And Whereas, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its powers and duties under the Act or any other Act to a person or body, subject to the restrictions set out in the Act; And Whereas, to ensure the efficient and effective management of The Corporation of the City of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates certain authority to the Chief Administrative Officer for that period of time; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.The Chief Administrative Officer is hereby delegated Council’s authority, for the period following Nomination Day, or Voting Day, in the year of the election when it has been determined that a Lame Duck Period is in effect, for approval of the following matters: a.the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal, provided such disposition shall not exceed $500,000 per occurrence; b.in addition to the authority described in Section 1. a. above, making any expenditures or incurring any other liability that exceeds $50,000, except in those cases where the liability was included in the most recent budget adopted by Council before Nomination Day, provided that such expenditure or liability shall not exceed $500,000 per occurrence and the appropriate funds are available for the expenditure which shall be determined by the Treasurer and CAO in accordance with the Financial Control Policy; 2.The Chief Administrative Officer shall notify Council in writing, for their information, on an ongoing basis, of any exercise of delegated authority pursuant to this By-law; - 20 - ________________________________ ________________________________ By-law No. 7934/22 Page 2 3. The Chief Administrative Officer shall provide an information report to the new Council, in the first quarter of the year following the election, setting out each use of delegated authority pursuant to this By-law; and, 4. The authority delegated pursuant to this By-law shall only be in effect during the Lame Duck Period. By-law passed this 24th day of May, 2022. Original Signed By David Ryan, Mayor Original Signed By Susan Cassel, City Clerk - 21 - -~of P](KER]NG Memo To: Marisa Carpino October 19, 2022 Chief Administrative Officer From: Richard Holborn Director, Engineering Services Copy: Director, Finance & Treasurer Manager, Capital Projects & Infrastructure Manager, Procurement Subject: Tender No. T2022-10 -Tender for Fairview Avenue Reconstruction File: A-1440 Overview: As part of the 2022 Capital Budget -Stormwater Management, funds were approved for the Fairview Avenue Reconstruction project (Browning Avenue to the south terminus). Tender No. T2022-10 was issued on Thursday, August 11, 2022 and closed on Friday, September 2, 2022 with Seven (7) bids submitted. The compliant low bid submitted by IPAC Paving Limited in the amount of $378,943.35 (HST included) is being recommended for approval. 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. The total net project cost is $406,928.00 (net of HST rebate) and the approved budget is $310,000.00 (net of HST rebate). Additional funds in the amount of $96,928.00 (net of HST rebate) are required in order to approve Tender No. T2022-10 and the project. Due to the total net project cost being more than $50,000 over the approved budget, and due to the current lame duck Council situation, Council does not have the authority to approve the tender. Approval at the CAO level (delegated authority during lame duck Council) is required. Recommendation: 1. That Tender No. T2022-10 for Fairview Avenue Reconstruction submitted by IPAC Paving Limited in the amount of $378,943.35 (HST included) be accepted; 2. That the total gross project cost of $451,876.00 (HST included), including the tender amount, a contingency and other associated costs, and the total net project cost of $406,928.00 (net of HST rebate) be approved; - 22 - $335,348.00 Associated Costs Geotechnical Investigation Report 8,400.00 Materials Testing 3,100.00 Hydrovac Utility Location Services 7,800.00 Utility Relocation 5,000.00 Construction Contingency (12%) 40,242.00 Sub Total -Costs $399,890.00 HST (13%) 51,986.00 Total Gross Project Cost $451,876.00 HST Rebate (11.24%) (44,948.00) Total Net Project Cost $406,928.00 Tender No. T2022-10 – Tender for Fairview Avenue Reconstruction 3. That the Director, Finance & Treasurer be authorized to fund the net project cost as approved in the 2022 Capital Budget for T2022-10 in the amount of $406,928.00 (net of HST rebate) as follows: a) The sum of $310,000.00 to be funded by a transfer from the Stormwater Management Reserve Fund as approved in the 2022 Capital Budget (Fairview Avenue – Reconstruction); b) The additional sum of $96,928.00 to be funded by a transfer from the Stormwater Management Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this memo. Financial Implications 1. Tender Amount Tender No. T2022-10 HST (13%) Total Gross Tender Amount $335,348.10 43,595.25 $378,943.35 2. Estimated Project Cost Summary 3. Approved Expense Accounts C10525.1901.01-504100 Stormwater Management Reserve $310,000.00 $406,928.00 Net project cost (over) under approved funds October 19, 2022 Tender No. T2022-10 Tender for Fairview Avenue Reconstruction ($96,928.00) Page 2 of 4 Expenditure Account Source of Funds Budget Required - 23 - Finance has confirmed there are sufficient funds available in the Stormwater Management Reserve Fund. Discussion: As part of the 2016 Road Needs Study endorsed by Council through ENG 25-17 (Resolution #374/17), Fairview Avenue has been identified as a priority for road reconstruction and storm sewer installation. The 2016 Road Needs Study is used by staff as a resource document for identifying and planning maintenance, rehabilitation and reconstruction strategies, programs and projects for all Pickering roads. This project aligns with the priorities of the 2016 Road Needs Study. Fairview Avenue has reached the end of its lifecycle. The road surface is rated as very poor, and the road base has failed. Over the years, new housing developments and infill development on individual lots has altered the overland drainage pattern. Stormwater is now directed to the road with no receiving storm sewer infrastructure. The project includes road reconstruction, the installation of a storm sewer system, and complete boulevard restoration. Tender No. T2022-10 was issued on Thursday, August 11, 2022 and closed on Friday, September 2, 2022 with seven bidders responding. The compliant low bid submitted by IPAC Paving Limited in the amount of $378,943.35 (HST included) is recommended for approval. The total gross project cost is estimated at $451,876.00 (HST included), with an estimated total net project cost of $406,928.00 (net of HST rebate). References for IPAC Paving Limited and their Waste Management Plan have been reviewed and are deemed acceptable by the Manager, Capital Projects & Infrastructure. The City’s Health & Safety Policy form, and a current Clearance Certificate issued by the Workplace Safety & Insurance Board has been submitted to the City by IPAC Paving Limited. The Certificate of Insurance has been reviewed by the Division Head, Finance and is deemed acceptable. In conjunction with the contractor’s previous work experience in Pickering, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Engineering Services Department recommends acceptance of the compliant low bid submitted by IPAC Paving Limited for Tender No. T2022-10 in the amount of $378,943.35 (HST included), and that the total net project cost of $406,928.00 (net of HST rebate) be approved. Due to the ongoing concerns and new business practices related to the COVID-19 pandemic, Engineering Services and Corporate Services staff will work with IPAC Paving Limited, to ensure that proper procedures and protocols are in place to provide a safe work environment for Pickering residents, the contractor, sub-contractors, and City staff. October 19, 2022 Page 3 of 4 Tender No. T2022-10 Tender for Fairview Avenue Reconstruction - 24 - Prepared By: Approved/Endorsed By: Scott Booker Richard Holborn, P. Eng. Manager, Capital Projects & Infrastructure Director, Engineering Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer Cathy Bazinet, CPPB, NIGP-CPP Manager, Procurement Approval Marisa Carpino, M.A. Chief Administrative Officer SB:mjh Attachment Supply & Services Memorandum dated September 6, 2022 Bid Closing Submission Summary Location Map October 19, 2022 Page 4 of 4 Tender No. T2022-10 Tender for Fairview Avenue Reconstruction - 25 - z C ) Memo To: Richard Holborn September 6, 2022 Director, Engineering Services From: Cathy Bazinet Manager, Procurement Copy: Administrative Assistant, Engineering Services Scott Booker, Manager, Capital Projects & Infrastructure, Engineering Services David Lo, Coordinator, Infrastructure Design Subject: Tender No. T2022-10 Tender For Fairview Avenue Reconstruction Closed: Friday, September 2, 2022 – 2:00pm File: F-5400-001 Tender No. T2022-10 was advertised on the City’s bids&tenders portal on August 11, 2022. Seven (7) companies have submitted a bid for this project. A copy of the Bid Closing Submission Summary is attached. Tenders shall be irrevocable for 90 days after the official closing date and time. IPAC Paving Limited is the compliant low bid at a value of $335,348.10 (excl. of HST). Pursuant to Appendix B – RFT Particulars, item E. Pre-Condition of Award (page 18 of 22), the following documentation will be requested of IPAC Paving Limited for your review. Please advise if Supply & Services is to proceed with collecting the following documentation: (a) Performance Bond and Labour and Materials Bond (b) The City’s certificate of insurance or approved alternative form completed by the Bidder’s agent, broker or insurer; (c) A copy of the current Clearance Certificate issued by Workplace Safety & Insurance Board; (d) A copy of the City’s Health and Safety Policy form currently dated and signed; (e) Waste Management Plan. A budget of $309,999.00 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. - 26 - 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 item (a) is acceptable to Engineering Services 2. if Item (b) is acceptable to the Division Head, Finance 3. if Items (c) and (d) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 4. if Item (e) is acceptable to Engineering Services; 5. if the list of subcontractors is acceptable to Engineering Services; 6. any past work experience with low bidder IPAC Paving Limited including work location; 7. without past work experience, if reference information is acceptable to Engineering Services; 8. the appropriate account number(s) to which this work is to be charged; 9. the budget amount(s) assigned thereto; 10. Treasurer’s confirmation of funding; 11. related departmental approvals; and 12. related comments specific to the project. After receiving Council approval, an approved requisition will be required to proceed. Enquiries can be directed to the City’s bids&tenders portal for the unofficial bid results. Bidders will be advised of the outcome in due course. If you require further information, please feel free to contact me. CB Page 2 - 27 - FAIRVIEW AVENUE (/) z FRENCHMAN,S BAY > w > er <{ LL w ::J z w > <{ ~ I I OLD ORCHARD _J Cl ::J AVENUE 0 0 MONICA COOK BROWNIING AVENU PLACE <{ z 0 _J PARK ROAD COMMERCE fz <{ (/) <{ w _J f-w w er f- (/) 0 <{ 0 er 0 0 Q_ er w > _J i---1' 0~ 1,,0 LUNA COURT FOXGLOVE AVE. z 0 (/) > w I l •ISTREET BROADVIEW STREET Location Map - 28 - -~of P](KER]NG Memo To: Marisa Carpino October 20, 2022 Chief Administrative Officer From: Sarah Douglas-Murray Director, Community Services Copy: Director, Finance & Treasurer Director, Operations Division Head, Operations Services Manager, Facilities Maintenance Manager, Aquatics & Fitness Subject: CHDRC Pool Bleacher Replacement -Trillium Grant Funding Reallocation File: O-8320 The existing bleachers located on the pool deck at the Chestnut Hill Developments Recreation Complex (CHDRC) are at end of life and in need of replacement. Funding to complete this work was included in the Council-approved 2022 Capital budget and contingent on grant support. The City secured grant funding from the Ontario Trillium Foundation, but product costs have increased since the budget was originally set. Additional funding will be required in order to award this work. Staff contacted the Ontario Trillium Foundation and confirmed that the savings on other projects funded by the same grant can be used to offset the cost of the bleacher replacement. Bids for replacement of the bleachers were obtained through the Canoe Procurement Group, for which the City is a member. Only one vendor provided a quote. Subject to receipt and approval of all required documents, the low bid submitted by Creative Sports Solutions in the amount of $129,750.00 (excluding HST) is recommended for approval. The total gross project cost is estimated to be $160,178.00 and the total net project cost is estimated at $144,245.00 (net of HST rebate). Financial Implications: 1. Tender Amount Tender Amount $129,750.00 HST (13%) 16,867.50 Total Gross Tender Cost $146,617.50 - 29 - 2. Estimated Project Costing Summary Tender Amount $129,750.00 Construction Contingency (~10%) 12,000.00 Total Project Cost $141,750.00 HST (13%) 18,428.00 Total Gross Project Costs $160,178.00 HST Rebate (11.24%) (15,933.00) Total Net Project Cost $144,245.00 3. Approved Source of Funds -Community Centres Capital Budget Approved Code Source of Funds Funds Available Funds Required 504100-C10230.2201 Ontario Trillium Grant $52,000.00 $52,000.00 504100-C10230.2201 Rate Stabilization 25,000.00 25,000.00 504100-C10230.2201 Ontario Trillium Grant 0.00 63,396.00 504100-C10230.2201 Rate Stabilization 0.00 3,849.00 Total $77,000.00 $144,245.00 Project Cost under (over) approved funds by ($67,245.00) As reflected above, the project is over budget by 87.33 percent or $67,245.00. This over expenditure is being addressed by additional funding from the Ontario Trillium Grant and staff have included an email (attachment #2) that supports this decision. The CAO has the authority under By-Law 7934/22 to approve the over expenditure. Discussion: The Council-approved 2022 Capital budget included a $77,000.00 (net HST rebate) allocation for the replacement of the existing pool bleachers on the pool deck at the CHDRC. A sum of $52,000.00 (net HST rebate) of the overall budget was subject to securing funding from the Ontario Trillium Foundation, as part of a broader application including other projects at the same facility. Grant funding has since been secured and must be spent by March 2023. A single bid was obtained through the Canoe Procurement Group, of which the City is a member. The bid submitted by Creative Sports Solutions exceeds the approved budget. A total of four projects are funded by the same Ontario Trillium Foundation grant which supports the bleacher replacement project. The City has confirmed that savings on the other projects can be used to offset overages on this project. Anticipated lead-time for the delivery of materials is twelve to fifteen weeks, making it essential that the work be awarded promptly. October 20, 2022 Page 2 of 3 CHDRC Pool Bleacher Replacement - 30 - Subject to receipt and approval of all required documents, the low bid submitted by Creative Sports Solutions in the amount of $129,750.00 (HST included) is recommended for approval. The total gross project cost is estimated to be $160,178.00 and the total net project cost is estimated at $144,245.00 (net of HST rebate). Attachments: 1. Letter from the City of Pickering Requesting Reallocation, dated September 21, 2022 2. Email form the Ontario Trillium Foundation Approving Reallocation, dated September 26, 2022 Prepared By: Approved/Endorsed By: Sarah Douglas-Murray Director, Community Services Approval Marisa Carpino, M.A. Stan Karwowski Director, Finance & Treasurer Chief Administrative Officer SD:vp October 20, 2022 Page 3 of 3 CHDRC Pool Bleacher Replacement - 31 - -04()f P1CKER1NG j(t#-~ Attachment 1 Community Services Department VIA EMAIL September 21, 2022 Benny Min Project Manager Ontario Trillium Foundation 30 Wellington Street West 5th Floor Toronto, Ontario, M5L 1E2 Subject: Trillium Grant Funding -Re-allocation of Funds File: O-8200 Please accept this letter as written request to re -allocate funding, originally allocated within the Community Building Fund Capital Grant CC117616. Submitted within the initial grant application were a total of four projects. Of these four projects, the O’Brien Arena Skate Tile Replacement project has been completed. This project had an approved budget of $205,000.00 of which $146,000.00 was grant funded. This project was completed at a cost of $114,024.00 ($128,847.12 inclusive of HST) and is under budget by $76,152.88. The Pool Bleachers Replacement project has an approved budget of $77,000.00 of which $52,000.00 is grant funded. Current pricing to complete this project has come in at $129,750.00 ($145,617.50 inclusive of HST) and is over budget by $68,617.50. At this time I request that $68,617.50 be re -allocated from the Construction / Renovation OTF Budget Category to the Fixed Equipment OTF Budget category. This would offset the overage within the Pool Bleachers Replacement project. Please let me know if you require further information to support this request. Yours truly Kevin Hayes Manager, Facilities Maintenance KH:kh Pickering Civic Complex | One The Esplanade | Pickering, Ontario L1V 6K7 | T. 905.420.4620 F. 905.420.2596 | Toll Free 1.866.683.2760 | communityservices@pickering.ca | pickering.ca - 32 - Attachment 2 Slack, Alyssa From: Marquez, Nicole Sent: Wednesday, October 19, 2022 9:55 AM To: Marquez, Nicole Subject: FW: Re-Allocation Of Trillium Grant Funding From: Benny Min <BMin@otf.ca> Sent: Monday, September 26, 2022 2:29 PM To: Hayes , Kevin <khayes@pickering.ca> Cc: Douglas‐Murray, Sarah <sdouglas‐murray@pickering.ca>; Gibbs, Laura <lgibbs@pickering.ca>; 23‐11e423‐6e144‐ otfmonarch‐99c6c2ca@smartsimple.com Subject: RE: Re‐Allocation Of Trillium Grant Funding Hi Kevin, My apologies for the delay in getting back to you. I am pleased to share that your reallocation request has been approved. Please make sure you make note of this change when it comes time to completing your Final Report, and to only include the OTF‐portion of the costs when you’re filling out the budget. Also please remember to exclude your refundable amount of HST when reporting on your expenses. And as always, please don’t hesitate to reach out to me if you have any questions. Regards, Benny Benny Min Program Manager | Chef de programme Pronouns: he/him | Pronoms: il/lui Ontario Trillium Foundation | Fondation Trillium de l’Ontario 1 800 263-2887 ext. 803 OTF Support Centre | Centre de soutien de la FTO : 1 800 263-2887 | otf@otf.ca TTY | ATS : 416 963-7905 www.otf.ca | Twitter | Facebook | Instagram We recognize that our work, and the work of our grantees, takes place on Indigenous territories across Ontario. Nous reconnaissons que notre travail, ainsi que celui de nos bénéficiaires, a lieu sur les territoires autochtones dans tout l’Ontario. Please note: The Ontario Trillium Foundation is changing its business address as of July 4, 2022 to : The Ontario Trillium Foundation (c/o Workhaus), 30 Wellington Street West, 5th floor, Toronto ON M5L 1E2. All other contact information remains the same. Veuillez noter que la Fondation Trillium de l'Ontario change son adresse commerciale à compter du 4 juillet 2022 : Fondation Trillium de l'Ontario (a/s de Workhaus), 30 rue Wellington ouest, 5e étage, Toronto ON M5L 1E2. Toutes les autres coordonnées restent les mêmes. 1 - 33 - -~of P](KER]NG Memo To: Cathy Bazinet September 15, 2022 Manager, Procurement From: Joe Earle Coordinator, Parks Capital Assets Copy: Director, Operations Division Head, Operations Services Manager, Parks & Property Subject: Brock Ridge Community Park Parking Lot -Consulting Services -APT #2210334 File: O-8320 That Sabourin Kimble & Associates Ltd. (SKA) be retained to provide consulting and design services for Brock Ridge Community Park Parking Lot in the amount of $82,575 (excluding HST) as provided for in the Purchasing Policy. Background: Brock Ridge Community Park is a busy park hosting multiple baseball diamonds and soccer fields in the heart of Pickering. The parking lot improvements are needed due to the high use and poor condition of the asset. Brock Ridge Community Park contains a dry stormwater pond which collects overflow water through a swale which runs through the center of the parking lot and dissipates into local creek as designed. Occasional flooding of this parking lot area due to flash flooding has caused safety issues for the public and staff in the past. Rationale for Award: SKA are well known in the regions as parks and landscape consultants for design, preparation of working drawings, assisting with the tender process, and construction administration for similar types of projects. City staff have had an excellent experience with them in the past and trust that the work will be completed within the expected timelines and within approved budgets. As per Section 10.03 of the Purchasing Policy, the Manager may obtain the services of a particular consultant selected by the initiating Director without going through a competitive process. - 34 - In accordance with the Purchasing Policy, where the funds are available in the approved budget and the project or annual cost of a consulting or professional service assignment is expected to be: c) Above $50,000 is subject to the additional approval of Council. The initiating Director shall submit the Report to Council to obtain approval. The proposed expenditure of $82,575 (excluding HST) falls within these limits. As part of the approval of Report CLK 03-22, staff recommended that delegated authority be provided to the Chief Administrative Officer (CAO) for two of the restricted acts during the Lame Duck period. Accordingly, Council enacted Bylaw #7934/22 on May 24, 2022 which provides authorization to the CAO for the disposition of real or personal property of the municipality which a value exceeding $50,000 provided the disposition does not exceed $500,000 per occurrence. The By-law provides further authority to the CAO to make expenditures outside those already included in the 2022 Budget and such expenditure cannot exceed $500,000 per occurrence. With the determination that Pickering Council is now Lame Duck, By-law #7934/22 is now in effect. Prepared/Endorsed By: Approved By: Joe Earle Cathy Bazinet Coordinator, Parks Capital Assets Manager, Procurement Vince Plouffe, OAA, RAIC Stan Karwowski Division Head, Operations Services Director, Finance & Treasurer Brian Duffield Director, Operations VP/je Attachment SKA Proposal, dated July 29, 20222 September 1, 2022 Page 2 of 2 Brock Ridge Community Park Parking Lot -Consulting Services - 35 - Report to Executive Committee Report Number: CAO 03-23 Date: January 9, 2023 From: Marisa Carpino Chief Administrative Officer Subject: Pre 2023 Capital Budget Approval -Fire Services Portable Radios -File: A-1440 Recommendation: 1.That Council approve the pre 2023 Capital Budget approval for the purchase of Fire Services portable radios (C10700.2303) in the amount of $500,000.00 to be funded from a 5-year internal loan; and 2.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: The pre 2023 Capital Budget approval request for the lifecycle replacement of portable radios and associated batteries, lapel mics, and vehicle chargers will assist the City in providing public safety and protection to our residents, while ensuring the effectiveness and safety of our Fire Services front line staff. Currently, the Harris XG-75 model portable radios are nearing the end of their performance lifecycle and parts availability, and are in need of replacement. Furthermore, replacement batteries for the XG-75 are no longer available. The pre 2023 Capital Budget approval for this purchase will assist in expediting the procurement process and reduce the associated risk of potential failures of the current radios. The proposed replacement for the Harris XG -75 is the Harris XL-185P which has an improved battery life and charge hold. Financial Implications: The financial commitment for these portable radios is $500,000.00 and has been included in the 2023 Draft Capital Budget submission. At this time, the funding source for this project is tentatively set as a 5 -year internal loan. The annual debt charges (principal and interest) for this loan is estimated to be $116,767.00. Discussion: In 2014, Pickering Fire Services along with Durham Regional Police Services (DRPS) and other Durham Fire Services within the Region moved to a new Harris P25 Next Gen radio system. The shared system and network is managed by DRPS and municipal users are responsible for their share of network/infrastructure costs based on the number of radios they have on the system. Additionally, each user/municipality is responsible for the purchase and maintenance of their own hardware (radios). - 36 - CAO 03-23 January 9, 2023 Subject: Pre 2023 Capital Budget Approvals Page 2 The current Harris XG-75 model portable radios are nearing the end of their performance lifecycle and parts availability, and are in need of replacement. Recently, Fire Services staff have experienced several instances where radio batteries have lost their charge prematurely, resulting in a loss of effective communication. Spare batteries are available for our staff, however our stock is low and replacement batteries for the XG-75 are no longer available. This has resulted in submissions of concern from Joint Health and Safety Committee members, as it poses a fire ground safety concern regarding critical radio communications at an emergency scene. As a result, Fire Services currently have six new Harris XL-185 portable radios that have been placed in service. These have been installed on six of the primary apparatus and are utilized by the Officers who are the primary communicators at emergency scenes. As such, pre 2023 Capital Budget approval for this purchase will assist in expediting the procurement process and reduce the associated risk of potential failures of the current radios. Procurement of the Harris radios will be subject to the city’s competitive bidding process. The proposed replacement for the Harris XG-75 is the Harris XL-185P which has an improved battery life and charge hold. Attachment: None. Prepared/Approved/Endorsed By: Steve Boyd Fire Chief SB:fn Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: Original Signed By: - 37 - Report to Executive Committee Report Number: CLK 01-23 Date: January 9, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: 2022 City of Pickering Municipal Election Review -File: A-1440 Recommendation: That Report CLK 01-23 regarding a review of the 2022 Municipal Election, be received for information. Executive Summary: The 2022 City of Pickering Municipal Election was held on October 24, 2022. This Report is provided in accordance with Section 12.1(3) of the Municipal Elections Act, which states: Within 90 days after Voting Day in a regular election, the Clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. In addition to meeting the legislated requirement to report on the accessible components of the election, this Report will also speak to other important facets of the election which will be used to inform the administration of future municipal elections. Financial Implications: There are no financial implications associated with this Report. Any expenses related to the Election were included and approved in the 2022 Budget. Discussion: City of Pickering Accessible Elections Plan Under the Municipal Elections Act (the “Act”), the City Clerk is responsible for conducting the municipal election and preparing a plan to ensure a fair and accessible elect ion for all electors and candidates with disabilities. Section 12.1 of the Act states: (1)A Clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities; and, - 38 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 2 (2) The Clerk shall prepare a Plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before Voting Day in a regular election. On April 28, 2022, the 2022 City of Pickering Accessible Elections Plan (Attachment #1) was published. The purpose of the Plan was to address specific accessibility provisions mandated under the Act and to ensure that an implementation plan was in place ahead of the 2022 City of Pickering Municipal Election. Prior to finalizing the Plan, the Municipal Ele ction Team provided the draft 2022 City of Pickering Accessible Elections Plan to the City’s Accessibility Advisory Committee. All comments and feedback from the Committee were incorporated into the final Plan prior to its publication. The Plan was published on the City’s Municipal Election webpages and provided to all Candidates and Third Party Advertisers during the filing of their nomination/registration papers. All Candidates and Third Party Advertisers who filed with the City, also received a copy of the AMCTO’s Candidate’s Guide to Accessible Elections as part of their Information Package. In addition to the Accessible Elections Plan, throughout the administration of the entire election, careful thought and consideration was given to ensuring that ca ndidates, registered third parties, and electors were provided with accessible and easy to read election information. The following provides an overview of how that information was communicated and promoted. Election Information for Candidates Prior to the opening of nominations on May 1, 2022, a dedicated webpage was created on the City’s website to provide important election related information for potential candidates. The webpage provided the list of offices to be elected, information on the prescribed process to file a nomination, and the eligibility criteria to be a Candidate for the City of Pickering Municipal Election. A comprehensive Information Package was compiled for individuals interested in becoming a candidate, and published on the City’s Election webpages. The information package included information on all aspects of the election campaign including but not limited to significant key dates, election sign information, campaign financial information, City of Pickering Ward maps, City of Pickering and provincially prescribed forms, Provincial Candidates’ and Voters’ Guides, the City’s Accessible Elections Plan, prescribed notice of penalties under the Act, and the prescribed 2022 Municipal Election Procedures created by the City Clerk. The information binder also contained contact information for the Municipal Elections Team. Each candidate who filed a nomination paper with the Clerk ’s Office in accordance with Section 33(4) of the Act, received a hard copy of the information binde r and a one on one review of the contents in the Candidate Information Package. Approximately 30 to 45 minutes was spent with each candidate to highlight important information contained in the Information Package and to answer any questions the candidate m ay have. Throughout the Campaign period, regular election communications were provided to all registered candidates through the use of email blasts to ensure that candidates were kept - 39 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 3 apprised of significant dates, processes, and their responsibilities as a candidate running in the municipal election. In addition to the direct communication with candidates, access to an electronic Candidate Portal was provided to each candidate with unique login credentials to provide access to the electronic Voters’ List. In accordance with section 23(4) of the Act, all candidates who had completed a Voter’s List Request Form received access to the Portal, along with a comprehensive user guide, which provided the ability to view and download extracts of the Voters’ List that each candidate was entitled to receive under the Act. When the Voting Period began, in accordance with the Act, candidates were able to see real time strike -offs of electors who had voted. Portal access was granted from September 1, 2022 to October 25, 2022 at 1:00 a.m. Election Information for Electors A comprehensive communication plan was developed well ahead of the Municipal Election to ensure that important election messaging was accessible and available to all Pickering electors. Throughout the election, the City’s Communication Team was engaged to create communication material in line with the Communication Plan. The City’s Twitter, Instagram, and Facebook accounts were all utilized to broadcast Election related information as well as digital banners, the City’s library computers, Curbex signs, Pickering News Advertiser, Media releases, City’s website, and targeted Digital Ads on the Weather Network Application, CTV News, Rogers, and Yahoo mail to ensure that information was timely and readily available to Pickering electors. A buck slip with voting methods and key dates, was included in the interim tax bills, and mailed out to Pickering Residents. In late August, 2022, an Election Information brochure was mailed to 33,890 households which included key questions and answers relating to the election process, as well as a step by step “How Do I Vote” infographic. In late September, a Voter Information Package was mailed directly to each eligible elector and contained important election information and steps on each available voting method, as well as the elector’s internet voting credentials. The following provides an overview of the Communication Plan, the messaging and tools used to deliver the information, as well as statistics on the number of views and posts across the various platforms used. Communication Plan Between January 1st and November 30th, 2022, there were 78,203 unique views of the 2022 Municipal Election webpages. The City’s social media presence, which began in March 2022, was also used to advertise important dates and key election messaging. There were approximately 42 Twitter posts between March and October 2022 reaching more than 25,000 people, 63 Facebook posts reaching more than 25,0 00 people, as well as, 53 Instagram posts, reaching over 50,000 people. - 40 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 4 For the month of October, 100,000 targeted digital ads were promoted on various sites, such as the Weather Network Application, CTV News, Rogers, and Yahoo mail with general election information to encourage electors to find out more information by visiting the City’s election website. In addition to website and social media messaging, the use of Curbex and digital signs, newspaper and print ads, and in-person engagement opportunities were also used to promote and provide key election information as demonstrated in Table 1 below. A visual summary of some of the communication assets is included for reference as Attachment #2 to this Report: Table 1: Key Communication Initiatives Key Messaging Dates Communication Tools and Platforms Call for Nominations April to August 2022 Call for Nomination Ad posted on the City’s main webpage, election webpages, the Pickering News Advertiser, and the City’s Social Media channels. General information promoting the election, voting methods, and key dates March to October 2022 March -City of Pickering Election website launched with detailed information for electors and candidates. May -A buck slip with voting methods and key dates mailed out to City of Pickering Residents in the interim tax bills. June to September -A dedicated Election information booth at the Farmer’s Market with information pamphlets on various aspects of the election as well as election branded giveaways (tote bags, bookmarks, and pens) to promote the upcoming election. March to October – Social media platforms were used to promote the municipal election webpages. August – An Election Information brochure with key questions and answers and a How Do I Vote infographic, were mailed to 33,890 households. September -Ad promoting the Election was placed in the 2022 Fall issue of Aging Well Together 55+. September – Targeted Digital Ads were placed on various websites such as the - 41 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 5 Weather Network Application, CTV News, Rogers, and Yahoo mail, directing electors to the Election website for key election information. October – News Release was published on the Voting Methods for the 2022 City of Pickering Municipal Election. MPAC’s Voter Lookup Tool June to August 30 2022 Election Staff were available at the Farmer’s Market to allow electors to search or add their information using the MPAC Voter Lookup tool. Library computers displayed screensavers with a direct link to MPAC’s Voter Lookup tool. Social Media posts were added to encourage electors to access MPAC’s Voter Lookup tool. Digital Signage banners and Curbex signs were posted throughout Pickering. A banner was placed on the City’s website directing users to MPAC’s Voter Lookup. Promotion of Revisions to the Voters’ List September 1 to October 24, 2022 Ads were posted in the Pickering News Advertiser advertising Revision Centres and the Online Voter Registration Application. Ads were placed on the City’s social media accounts advertising Revision Centres and the Online Voter Registration Application. A dedicated webpage on revisions to the Voters’ List was published. The Online Voter Registration Application was launched on the City’s election webpage. Digital banners and Curbex signs were placed throughout Pickering advertising Revision Centres and the Online Voter Registration Application. - 42 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 6 How Do I Vote? September to October 2022 A detailed infographic was posted on the City’s election webpage with information on casting a ballot using either paper ballot on Election Day or through the Internet Voting System. Election Results October 24, 2022 A digital banner was published on the City’s Website directing electors to the Results webpage. Social Media posts published promoting the release of the 2022 City of Pickering Election Results. Election Webmail and Helpline Aside from the various methods of communication under the Communication Plan, a dedicated email address and phone line were created to provide electors and candidates with a direct communication method to the City’s Municipal Election Team. The webmail and the helpline were operational during regular business hours and were extended during the Voting Period to coincide with the hours of the Voter Assistance Centres and Voting Locations. On Election Day, the email and phone line were monitored from 8:30 a.m. to after the close of polls. The extended hours of the Election webmail and helpline were advertised using the City’s website and social media accounts. During the Voting Period, the City’s afterhours voice message greeting for the City’s main phone line was also updated to state the extended hours of the Election Helpline. The following sections provide an overview of several other components of the 2022 Municipal Election, include voting methods, the Voters’ List, and the Voter Assistance Centres and Voting Locations available to assist electors. Voting Methods Through By-law #7846/21, enacted on May 25, 2021, Pickering City Council approved the use of internet voting and paper ballots using vote tabulators as the voting methods for the 2022 Municipal Election. After the completion of a competitive Request for Proposal (RFP) process under the City’s Purchasing Policy, and through Resolution #678/21, Dominion Voting Systems was selected to provide both election voting methods. The following provides an overview of each voting method: i. Internet Voting Internet Voting was available throughout the entire Voting Period, beginning at 10:0 0 am on October 17th and ending at 8:00 pm on October 24th (Election Day). The Internet Voting system provided electors with the capability to vote from the comfort of their own home, or anywhere - 43 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 7 they had access to an internet connection. Internet voting also provided an accessible voting method for electors with disabilities, mobility restrictions, or transportation difficulties. The internet voting system met WCAG 2.0 Level AA accessibility standards through the use of standard HTML and JavaScript, to ensure that persons with disabilities could easily navigate and interact with the system. The system also allowed for the use of WCAG compliant screen readers, and ballot navigation via browser-based personal assistive devices. The voting page was compatible with Microsoft Explorer, Edge, Firefox, Safari, and Google Chrome and allowed electors to use a multitude of devices to access the system, including, but not limited to personal computers, tablets, and smartphones. The URL to access the Internet Voting W ebsite was included in the Voter Information Packages along with the unique elector credentials to access the Internet Voting System. For ease of navigation, a ‘Vote Now’ button was also added to the City’s Election Web pages to provide an efficient way for electors to access the Internet Voting website and alleviate the need to type in the full and distinct internet voting URL in a web browser. On Election Night, at approximately 7:15 pm, the City’s website provider, eSolutions (GHG Digital), experienced a software defect resulting in an error message being displayed, and removed the ability for residents to access the City’s website. It is important to note that during the time that the website could not be accessed, Internet Voting was not impacted , and electors could still access the Internet Voting site by typing the full URL, provided in the Voter Information Packages, in the address bar of their web browser. During the time that the website was down, the internet voting activity was monitored to ensure that electors were still able to access the system and cast their ballot. The website was restored by eSolutions at approximately 7:50 pm on Election Night. ii. Paper Ballot Voting In addition to internet voting, on Election Day, paper ballots and vote tabulators were available at all Voting Locations. Through the use of a live, electronic Voters’ List, electors were able to attend any designated Voting Location to cast a paper ballot regardless of where they resided in the City, as all Voting Locations were equipped to issue all 15 different ballot types based on the ward and school support for each elector. To provide electors with disabilities an independent paper voting exp erience, all Voting Locations were equipped with Assistive Voting Technology (AVT). The AVT provided electors with an audio ballot and the ability to mark their paper ballot through the use of one of the following options: a. Audio Tactile Interface: voting selections could be made using a handheld controller with large, raised buttons, bright colours, and braille inscriptions. b. Paddle Buttons: voting selections could be made by pressing a Left or Right paddles using hands, feet, or elbows. c. Sip ‘n’ Puff: voting selections could be made by “sipping” (inhaling) or “puffing” (exhaling) into a straw. - 44 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 8 Each Voting Location had designated Election Officials that were trained on the use of the above listed assistive voting technology. Despite having this equipment avai lable at each Voting Location, it was not utilized by any electors. Other accessible measures were in place for paper ballot voting including the use of magnifying sheets to assist electors with vision impairment, and notepads and slip-grip pens to facilitate communication between Election Officials and electors with a hearing impairment. The Voters’ List In accordance with the Act, Voter’s List data is provided to the City from the Municipal Property Assessment Corporation (MPAC). This is known as the Preliminary List of Electors (PLE). In accordance with the Act, the PLE becomes the Voters’ List o n September 1st and at that time, electors have the ability to add, correct, or remove their name from the List using an Application to Amend the Voters’ List Form (EL15). Starting on September 1st, designated Revision Centres, and an online Voter Registration Application, were available to provide convenient opportunities for eligible electors to add, update, or remove their information on the Voters’ List. The Online Voter Registration Application was available on the City’s election webpages 24 hours a day, 7 days a week, with detailed instructions on how to submit an online application to amend the Voters’ List. The City’s three library branches, Central, George Ashe, and Claremont, were designated as Revision Centres and provided services where eligible electors could visit during regular business hours to add, update, or remove their information on the Voter’s List. Designated Library staff were trained and provided with a comprehensive manual on making amendments to the Voters’ List. The Clerk’s Office was also designated as a Revision Centre and available during regular business hours. The Online Voter Registration Application and the Revision Centr es were available from September 1, 2022 to October 14, 2022. The Clerk’s Office was available to Pickering Electors to make amendments to the Voters’ List from September 1, 2022 up to the close of polls on Election Day, October 24, 2022. After October 14th , amendments to the Voters’ List could also be made at any designated Voter Assistance Centre or Voting Location across the City. Election Officials In July, 2022, a call was put out to City Staff with the support of the Chief Administrative Officer and the Senior Management Team, for anyone interested in working as an election official for the 2022 Municipal Election. Forty-five City staff applied and were deployed to the six Voter Assistance Centres during the Voting Period . Having municipal employees stationed at each Location provided sound management at all Voting Locations and provided a unique insight to the administration of the election to all those who volunteered to help. To fill the remaining election official positions required to administer the addition of paper ballot voting on Election Day, on July 13, 2022, the City launched a call for recruitment to the general - 45 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 9 public to work for the 2022 City of Pickering Municipal Election. The recruitment of Election Officials was advertised in the Pickering News Advertiser, on the City’s social media channels, Election webpages, and through the digital banners on the main City of Pickering home webpage. The online and in-person application period was open from July 13th to August 5th, and a total of 338 applications were received. During the recruitment process for external staff, preference was given to Pickering residents with previous election experience. The short listed candidates were individually interviewed and selected based on their knowledge and experience. All City staff and successful external applicants attended a mandatory training session and were provided with a comprehensive training manual that provided step by step instructions on how to carry out their specific roles and responsibilities. At the training sessions, all election officials received hands on training on the tasks that they would be performing during their work assignment to ensure a seamless voting experience was provided to electors attending a Voter Assistance Centre or a Voting Location. As part of the training exercises, all election officials also received training on providing accessible customer service. Voter Assistance Centres and Voting Locations During the Voting Period, from October 17th to 23rd, five Voter Assistance Centres were available across the City to assist electors with making amendments to the Voters’ List, provide new or replacement Voter Information Packages, and to provide access to devices to cast an internet voting ballot. All Centres were equipped with several laptops and iPads where electors could cast their internet ballot either independently or with assistance from a designated Election Official. On Election Day, October 24th, the Voter Assistance Centres were expanded to Voting Locations to provide electors with an opportunity to cast their vote using either a paper ballot and vote tabulator, or the Internet Voting System. A sixth Voting Location, St. Mary Catholic Secondary School, was also opened on Election Day. Below is the list of Voter Assistance Centres and Voting Locations that were available during the Voting Period followed by the dates and times each Centre was open : 1. Chestnut Hill Developments Recreation Complex 2. Dr. Nelson F. Tomlinson Community Centre 3. East Shore Community Centre 4. George Ashe Library & Community Centre 5. Whitevale Community Centre (Open on Oct. 17-18 and Oct. 23-24) 6. St. Mary Catholic Secondary School (Election Day Only) Voter Assistance Centres were open from October 17th to October 21st from 1:30pm to 7:30pm, and on October 22nd and 23rd from 10:30 am to 5:30 pm On Election Day, in accordance with the Act, all Voting Locations were open from 10:00 a.m. until the close of polls at 8:00 pm. Prior to finalizing the list of Voter Assistance Centres and Voting Locations, Clerk’s staff conducted an on-site visit of each location and utilized an accessibility checklist to ensure that - 46 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 10 all locations were accessible. Each location was assessed and had to provide the following criteria: i. Accessible entrances with functioning buttons to open doors ii. Accessible parking spaces near the voting location entrance iii. Curb cuts and level pathways for individuals utilizing mobility devices iv. Accessible and clearly identifiable signage v. Barrier-free voting area, clear of obstructions vi. Working elevators or level access from entrance to voting location vii. Interior of voting locations are level, slip-resistant, and well-lit, with access to a seating area. During the site inspections, Whitevale Community Centre was identified as not having an accessible entrance. To comply with accessibility standards and the Act, t wo new ramps featuring slip grips, were added at the entrance of the Whitevale Community Centre to provide access to electors with disabilities and those using assisted mobility devices. Support Persons and Service Animals were also permitted inside all Voter Assistance Centres and Voting Locations. Support persons were required to take an oath of secrecy with an Election Official, to assist electors with communication, mobility, personal care for medical goods, or accessing goods, services or facilities during an election. In addition to ensuring all accessibly criteria was met, each location was outfitted with directional signage which was posted inside and outside the Voter Assistance Centres and Voting Locations to provide ease of navigation within the facilities. Greeters were also present at the entrances of each Voter Assistance Centre and Voting Location to welcome and assist electors as needed. Special Voting Locations In accordance with the Act, special voting locations were established for the 2022 City of Pickering Municipal Election. Section 45(7) of the Act requires that a voting place be held on Election Day at an institution where 20 or more beds are occupied by persons who are disabled, chronically ill or infirm, and a retirement home where more than 50 beds are occupied. The identification of the special voting locations was derived from the MPAC assessment codes for long term care and retirement facilities in the City, and in conjunction with the definitions of these facilities under the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, and the Retirement Homes Act, 2010, S.O. 2010, c. 11. Site visits were conducted at all designated Special Voting Locations to ensure that an accessible space was available to provide an opportunity for the residents of the facility to cast their vote on Election Day. Clerk’s Staff worked with the administrators of each Special Voting Location to receive an up to date list of residents for each facility to allow for Clerk’s staff to add the residents to the Preliminary List of Electors (PLE) prior to September 1st. This ensured that the residents at each Special Voting Location received their Voter Information Packages - 47 - Looking Ahead to 2026 CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 11 prior to the start of the Voting Period and provided for a more efficient voting experience on Election Day. Both paper ballots and internet voting options were provided at all Special Voting Locations. Leading up to Election Day, the Facility Administrators were provided with detailed correspondence of the date and time that election staff would be attending their specific location on Election Day. Posters and communication materials were also provided to each facility for distribution and posting to notify residents of the designated time and location within the facility that Election Staff would be attending on Election Day. In summary, the Clerk’s Office took all steps necessary to comply with all legislative requirements under the Municipal Elections Act for the administration of the 2022 City of Pickering Municipal Election. Overall, the 2022 Municipal Election was a success and the Clerk’s Office has received several positive comments and feedback from candidates, electors, and election officials. As with every municipal election, municipal Clerks strive to ensure that the election process, and the engagement of electors and candidates, through various means of communicating important election information, is paramount. Through the use of an extensive Communications Plan, we also strive to encourage as much voter turnout as possible . The voter turnout for the City of Pickering 2022 Municipal Election was 27.24% compared to 28.87% in 2018. While voter turnout varies for many different reasons, several municipalities saw a decline in their voter turnout numbers in 2022. From our election results reporting, we know that of the 27.24% voter turnout that 21.52% used internet voting, while only 5.72% used the paper ballot voting method. As we look forward to 2026, there are several key considerations that we have taken away from the 2022 Municipal Election which will be used to inform election administration planning in the future. Some of those key considerations include: If internet voting is utilized again, consider effective ways for electors to have easier access to the internet voting site. This could be through the use of a QR code in the Voter Information Packages and/or direct links from the City’s website as opposed to the need for electors to enter in a lengthy URL into a web browser. Consider whether Assistive Voting Technologies (AVT) are needed if paper ballots are utilized again. None of these devices were utilized by electors in 2022 and the resources used to purchase the devices as well as the training required for election officials to operate them may be utilized in more effective ways going forward. If internet voting is utilized again, the accessibility features of the internet voting system are much more modern, effective, and efficient to voters with disabilities compared to the AVT equipment associated with vote tabulators. Consider whether an 8 day voting period too long or not long enough. - 48 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 12 Consider whether more than one voting method should be offered in 2026, and when should those voting methods be offered during the voting period. Consider whether the locations, hours of operation and available dates for Voter Assistance Centres should be reduced as they were underutilized in the early part of the Voting Period. This would alleviate the need to secure as many City facilities and would reduce the amount of training and hiring of election officials. Consider introducing enhancements of the Election Help Line and other visual tools to provide electors with a better understanding of the voting opportunities available. Look for emerging communication channels and investigate new ways to engage voters and encourage voter turnout. Continue to collaborate with other City Departments in promoting election communication materials through various City mediums to ensure that the information is being conveyed to a vast audience. Consider more effective and efficient ways to educate electors on the importance of verifying their information on the Voters’ List. The above list is a high level example of some of the considerations that will factor into the administration of the 2026 Municipal Election. The Clerk’s Office continues to welcome feedback from both electors and candidates on their experience with the 2022 City of Pickering Municipal Election so that it can also be taken into consideration for future election planning. Feedback can be submitted by email to elections@pickering.ca. Attachments: Attachment #1 – 2022 City of Pickering Accessible Elections Plan Attachment #2 – 2022 City of Pickering Municipal Election Branding Assets Prepared By: Original Signed By Prepared By: Original Signed By Rumali Perera Deputy Clerk Susan Cassel City Clerk Approved/Endorsed By: Original Signed By Paul Bigioni Director, Corporate Services & City Solicitor - 49 - CLK 01-23 January 9, 2023 Subject: 2022 City of Pickering Municipal Election Review Page 13 SC:rp Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 50 - Attachment #1 to Report CLK 01-23 - 51 - City of Pickering’s Accessible Elections Plan Table of Contents Purpose .......................................................................................................................... 3 City’s Commitment........................................................................................................ 3 Legislative Requirements .............................................................................................3 Key Definitions .............................................................................................................. 3 Key Priorities ................................................................................................................. 4 1. Accessible Customer Service .................................................................................. 4 2. Accessible Information and Communications ......................................................... 5 3. Voter Assistance Centres (VACs) and Voting Locations......................................... 6 4. Accessible Voting Methods .....................................................................................7 Post-Election Reporting Requirement......................................................................... 8 Contact Information ...................................................................................................... 9 Declaration..................................................................................................................... 9 References ..................................................................................................................... 9 Page 2 of 9 - 52 - City of Pickering’s Accessible Elections Plan Purpose This Plan will address specific accessibility provisions mandated under Section 12.1 of the Municipal Elections Act, 1996 (the “Act”). The City Clerk’s Office is taking the necessary steps to ensure that statutory requirements under the A ct are met and an implementation plan is in place ahead of the 2022 City of Pickering Municipal Election. The purpose of the Plan is to outline how the Clerk’s Office aims to meet the objectives of this plan, organized into the following four key principles: 1. Accessible Customer Service 2. Accessible Information and Communications 3. Voter Assistance Centres and Voting Locations 4. Accessible Voting Methods City’s Commitment The City of Pickering’s 2022 Accessible Elections Plan is an acknowledgement of the City’s commitment to creating an accessible and inclusive environment for electors and candidates with disabilities. The City is committed to continuously identifying and eliminating barriers experienced by persons with disabilities. Legislative Requirements Under the Act, the City Clerk is responsible for conducting the municipal elections and preparing a plan to ensure a fair and accessible election for electors and candidates with disabilities. Section 12.1 of the Act states: (1) A Clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities. (2) The Clerk shall prepare a Plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before Voting Day in a regular election. Key Definitions Disability The Accessibility for Ontarians with Disabilities Act (AODA), 2005, defines “disability” as: 1. Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, Page 3 of 9 - 53 - City of Pickering’s Accessible Elections Plan any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; 2. A condition of mental impairment or a developmental disability; 3. A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; 4. A mental disorder; or 5. An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997(“handicap”). Barrier The AODA defines “barrier” as: Anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice (“obstacle”). Key Priorities 1. Accessible Customer Service The City of Pickering is committed to providing accessible customer service to persons with disabilities. The Clerk’s Office will follow and apply the four core principles of accessibility outlined in the AODA: independence, dignity, integration, and equality of opportunity in all areas of the election. The following section outlines how the City intends to provide accessible customer service to electors and candidates. Electors i. Accessibility Training for Election Staff: All Election Officials and Voting Location workers will receive accessibility service training to better serve electors with disabilities. Training content includes, but is not limited to: • Reviewing the accessibility requirements under the AODA. • Reviewing the City of Pickering’s 2022 Accessible Elections Plan and Accessibility Policy and Procedure established by the City (ADM 090 – Accessibility Policy and ADM 090-001 – Accessibility Standards for Customer Service). ii. Dedicated Accessibility Support: Staff from the Clerk’s Office will be available to respond to inquiries related to accommodation requests and Page 4 of 9 - 54 - City of Pickering’s Accessible Elections Plan accessibility related feedback, comments or complaints leading up to and on Election Day. Electors and candidates can direct their inquiries and feedback through regular mail, email, or by telephone. Email: elections@pickering.ca Phone: 905.420.4600 ext. 8683 (VOTE) Address: Office of the City Clerk, Pickering Civic Complex, One the Esplanade, Pickering, ON L1V 6K7 8:30 a.m. to 4:30 p.m. iii. Support Persons and Service Animals: Persons with disabilities may be accompanied by a support person or service animal in Voter Assistance Centres and Voting Locations. Support persons may assist with communication, mobility, personal care for medical goods or accessing goods, services or facilities during an election. Support persons assisting electors with a disability to cast their vote at a Voter Assistance Centre or Voting Location, will be required to administer an oath of secrecy with an Election Official. Service animals must always be under the care and control of the individual responsible for them. Candidates i. Accessibility Resources for Candidates: The Clerk’s Office will provide all candidates with accessibility resources such as the City of Pickering’s 2022 Accessible Elections Plan, the AMCTO’s Candidate’s Guide to Accessible Elections and the Accessible Campaign Information and Communication Quick Reference Guide, published by the Province of Ontario. ii. Campaign Expenses for Candidates with Disabilities: Expenses that are incurred by a candidate with a disability or a registered third party who is an individual with a disability, and are directly related to the disability, and would not have been incurred but for the election to which the expenses relate, will be excluded from the permitted spending limits. w 2. Accessible Information and Communications The Clerk’s Office works diligently to ensure the information we provide to the public is accessible and easy to navigate. The Clerk’s Office will continue to ensure that electors have access to information they need to vote. a. Ensure Election Information is Available Online in Clear and Simple Language: The content on the City of Pickering’s 2022 Municipal Election website will be available in plain language wherever possible to make information easier to understand. The election website will clearly communicate information Page 5 of 9 - 55 - City of Pickering’s Accessible Elections Plan about any legislative changes, key election dates, and provide users with accessible links to important resources. b. Update Election Information on the City’s Website to Reflect Most Recent Developments: Staff will monitor and update the City’s Election webpages with timely election information as required. In the event of disruptions to service or unforeseen circumstances that affect the accessibility of voting places during the Voting Period or on Election Day, notices of disruption will be posted in real time on: i. The City’s Website (main election page) and homepage ii. Facebook: City of Pickering iii. Twitter: @CityofPickering iv. At the affected Voting Location or Voter Assistance Centre Website and Posted Documents are Accessible: The City’s website is compliant with legislative requirements of the Web Content Accessibility Guidelines (WCAG). The website is W3C Consortium and WCAG 2.0 Level AA compliant. The City’s website font can also be adjusted within the browser’s functionality to aid users when reading information. All files on the website are available for download as an accessible PDF. Information Available in Alternative Formats upon Request: Persons with disabilities can request information and copies of election documents in a format that takes into account their disability. Alternate formats can include, but are not limited to web access, large print documents, or a text only electronic file that can be read by a computer or printed in Braille. Staff will consult with the requestor to determine the most appropriate format, and will make every effort to provide the documentation in the preferred format as soon as possible. 3. Voter Assistance Centres (VACs) and Voting Locations For the 2022 Municipal Election, electors can visit VACs during the Voting Period to access a computer or tablet for Internet Voting, obtain their Internet Voting credentials, or be added to or amend their information on the Voters’ List. Additionally, electors can visit a Voting Location to vote by paper ballot on Election Day only. In both instances, Election Officials and Voting Location workers will be on-site to provide assistance where requested. a. Selection of Accessible VACs and Voting Locations: City staff prepared and utilized an accessibility checklist to conduct voting location inspections to ensure that all locations were accessible. Where modifications to locations are needed, City staff will ensure the necessary equipment is installed prior to the start of the Voting Period. The checklist examines all aspects of accessibility and includes but is not limited to: Page 6 of 9 - 56 - City of Pickering’s Accessible Elections Plan i. Accessible entrances with functioning buttons to open doors ii. Accessible parking spaces near the voting location entrance iii. Curb cuts and level pathways for individuals utilizing mobility devices iv. Accessible and clearly identifiable signage v. Barrier-free voting area, clear of obstructions vi. Working elevators or level access from entrance to voting location vii. Interior of voting locations are level, slip-resistant, and well-lit, with access to a seating area. Clear and understandable signage will be posted around the VACs and Voting Locations for easy navigation. Greeters will also be present to welcome and assist electors as needed. b. COVID-19 Considerations: For the upcoming 2022 Municipal Election, the Clerk’s Office will ensure all Voting Locations and VACs have increased sanitization of any equipment, assistive voting technology, and high frequency touch areas. 4. Accessible Voting Methods The Clerk’s Office will continue to support electors and the removal of barriers for an accessible election. For the 2022 Municipal Election, electors will be able to cast their vote by means of Internet Voting during the entire Voting Period (Monday, October 17 to Monday, October 24, 2022), and by paper ballot on Election Day only (Monday, October 24, 2022), from 10:00 a.m. to 8:00 p.m. EST. a. Internet Voting: The Internet Voting system provides electors with the capability to vote from the comfort of their own home, especially if they have mobility restrictions or transportation scheduling difficulties. The system meets WCAG 2.0 Level AA accessibility standards through the use of standard HTML and JavaScript, to ensure that persons with disabilities can easily navigate and interact with the system. Electors can use WCAG compliant screen readers, and ballot navigation via browser-based personal assistive devices. The voting page is compatible with Microsoft Explorer, Edge, Firefox, Safari, and Google Chrome. Electors can use a multitude of devices to access the system, including, but not limited to personal computers, tablets, and smartphones. b. Voting by Paper Ballot on Voting Day: The Clerk’s Office will continue to provide Assistive Voting Technology to electors with disabilities so they can cast their vote independently, with ease and confidence. i. Voting Assistance Tools: The Clerk’s Office will make the following tools available at all Voting Locations to assist electors with disabilities: a. Magnifying sheets (4x) at all voting places to assist voters with vision impairment. Page 7 of 9 - 57 - City of Pickering’s Accessible Elections Plan b. Notepads and slip-grip pens at all VACs and Voting Locations to facilitate communication between Election Officials and electors with a hearing impairment. ii. Assistive Voting Technology: Assistive Voting Technology allows electors to utilize an audio ballot while making their voting selections by choosing between three options: a. Audio Tactile Interface: the handheld controller has audio directions and features large, raised buttons, bright colours, and braille inscriptions. b. Paddle Buttons: the paddles can be pressed using hands, feet, or elbows. c. Sip ‘n’ Puff: the device allows voters to mark their ballot by “sipping” (inhaling) or “puffing” (exhaling) into a straw. c. Special Voting in Long-Term Care and Retirement Homes: The Clerk’s Office will establish special voting places at long-term care facilities and retirement homes to allow eligible residents of the facility with an opportunity to vote on Election Day as per the requirements of the Act. Prior to Voting Day, Election staff will work with the facility administrators to provide opportunities for the residents of these facilities to ensure they are included on the Voter’s list. On Voting Day, if requested, Election staff may administer bedside voting for electors who may not be able to physically attend the voting place. d. Curbside Voting: In accordance with Section 45(9) of the Act, Election Officials may attend to the elector anywhere within the area designated as the voting place, to allow an elector with a disability to vote. Post-Election Reporting Requirement In accordance with the Act, the City Clerk shall submit a post-election accessibility report to Council within 90 days after Voting Day. This report will be posted on the City’s website and available to the public. Section 12.1(3) of the Act states: Within 90 days after Voting Day in a regular election, the Clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. Page 8 of 9 - 58 - City of Pickering’s Accessible Elections Plan Contact Information Staff in the City Clerk’s Office are available to assist with any issues that may arise with respect to providing a barrier-free accessible election. Contacts Susan Cassel, City Clerk/Returning Officer Rumali Perera, Deputy Clerk/Deputy Returning Officer Withya Ganeshalingam, Records and Elections Coordinator Alyssa Jarvis, Assistant Records and Elections Coordinator Email: elections@pickering.ca Phone: 905.420.4660 ext. 8683 (VOTE) Address: Office of the City Clerk, Pickering Civic Complex, One the Esplanade, Pickering, ON L1V 6K7 8:30 am to 4:30 pm Declaration In accordance with Section 12.1 the Municipal Elections Act, 1996, as amended, I hereby certify that this Plan shall be followed in conducting the 2022 Municipal Elections in the City of Pickering. Signed and dated at the City of Pickering, in the Regional Municipality of Durham, this 28th day of April, 2022. Susan Cassel, City Clerk The Corporation of the City of Pickering References Municipal Elections Act, 1996 Accessibility for Ontarians with Disabilities Act, 2005 AMCTO Candidate’s Guide to Accessible Elections City of Pickering’s Accessible Policy City of Pickering’s Accessible Customer Service Standard Policy Page 9 of 9 - 59 - Attachment #2 to Report CLK 01-23 Facebook Post – Call for Nominations Twitter Post – List of Certified Candidates Instagram Story – Promotion of Election HelpLine Instagram Story – General Election Information - 60 - Adult 55+ Ad – General Election Information Main Pickering Website Banner – Promotion of Voting Period Curbex Sign– Voter’s List - 61 - Digital Banners – General Election Information Swag Material – General Election Information - 62 - Targeted Digital Ads -Weather Network Application, CTV News, Rogers, and Yahoo mail Pickering News Advertiser Post – Voter’s List - 63 - Report to Executive Committee Report Number: CS 01-23 Date: January 9, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: 2023 Community Festivals and Events -Approval of 2023 Events in Esplanade Park -File: A-1440-001 Recommendation: 1.That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on Wednesday, June 21, 2023 for National Indigenous Peoples Day, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 2.That Council authorize staff to issue a park permit for the use of Esplanade Park by Affiliation For Inspiring Youth Upliftment Enterprise (A.F.I.Y.U) on Saturday, July 15, 2023, and Saturday, July 22, 2023 (rain date) for a Movie Night, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 3.That Council authorize staff to issue a park permit for the use of Esplanade Park by Canadian Food Truck Festivals from Thursday, August 10 to Monday, August 14, 2023 (inclusive) for Pickering Food Truck Festival, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 4.That Council authorize staff to issue a park permit for the use of Esplanade Park by the office of Peter Bethlenfalvy, MPP Pickering-Uxbridge on Sunday, August 20, 2023 for a Community BBQ, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The Community Festivals and Events Policy CUL 070 (the “Policy”) outlines the criteria, guidelines and processes by which requests to host private and/or public events in City Parks are received and considered for approval. Prospective applicants are supported by the community events staff team and the Community Festivals & Events Manual which provides key information, timelines and required documentation to apply for events in City parks. Identified in the Policy are Signature Parks which consists of Esplanade Park, Millennium Square, Alex Robertson Park and Bruce Hanscombe Park. As per Sections 04.01, 04.03, 04.06, and 04.09, the permitting of Esplanade Park is subject to the approval of Council. Therefore, the - 64 - Events Applicant Proposed Dates 2023 (includes event setup, operation and cleanup) Aboriginal Celebration Carea Community Health Wednesday, June 21, 2023 Centre Movie in the Park Affiliation For Inspiring Youth Saturday, July 15, 2023 Upliftment Enterprise and Saturday, July 22, (A.F.I.Y.U) 2023 (rain date) Food Truck Festival Canadian Food Truck Festivals Thursday, August 10 (Includes set up time) to Monday, August 14, 2023 (inclusive) Community BBQ Peter Bethlenfalvy, MPP Sunday, August 20, 2023 Pickering-Uxbridge CS 01-23 January 9, 2023 Subject: 2023 Community Festivals and Events Page 2 purpose of this report is to seek Council’s endorsement of permitted events proposed to take place at Esplanade Park in 2023 as per the list below. Financial Implications: Applicants are responsible to coordinate and operate all aspects of their events including marketing, event organization and operation, setup, and cleanup according to the terms and conditions set out by the City of Pickering. Applicants are also responsible for all costs associated with application fees including park permit fees, table rentals, garbage/recycling receptacles, etc. (as per the Summary of Fees and Charges Schedule) and the costs associated with paid duty police officers and/or contracted security guards as required by the City. For Partner Events with attendance greater than 1,000 guests, City staff check in throughout the day to oversee weather and emergency operations, check that conditions of the agreements are being met, and to provide a City staff contact during event operations. Discussion: As per the Community Festivals and Events Policy, Sections 04.01, 04.03, 04.06, and 04.09, staff are required to seek Council approval for applicants requesting to operate in Esplanade Park in 2023. As such, staff have prepared this report that identifies the following community organizations which have requested to continue to operate their 2023 event in Esplanade Park. Community events in Esplanade Park are not anticipated by staff to be negatively impacted by works that may occur in 2023, subject to Council approval, regarding the City Centre project. - 65 - CS 01-23 January 9, 2023 Subject: 2023 Community Festivals and Events Page 3 City of Pickering staff from applicable departments support the events, in principle, subject to various event/festival requirements being met by the applicant during the event planning process. The requirements include but are not limited to the following: • proof of liability insurance • rentals of event equipment and supplies • Durham Health Community Special Events Form for Event Coordinators/Organizers • locates completed for all staked equipment • rental of all required portable restroom and hand-washing stations (if applicable) • submission of site plan and emergency response plan • adherence to the City’s Emergency Weather Standard Operating Procedure • hiring of site security and police officers to monitor event operations (if applicable) • operation within applicable public health guidelines Event Details/Description 1. National Indigenous Peoples Day has operated successfully in Pickering since 2016, with different event names such as Big Drum Social and Aboriginal Celebration. The event includes booths, drumming, and dancing, and is open to local schools to attend and experience Indigenous culture. 2. A.F.I.Y.U Enterprise first hosted a movie night in Esplanade Park in 2022 with success. The organization is a service group dedicated to provide resources and mentorship to Jamaican, Caribbean and African-Canadian boys in Durham, ages 6-16 to equip them with life skills to become successful, contributing members of society. This event includes a movie highlighting black excellence, with informational booths setup and giveaways. 3. The Canadian Food Truck Festival has operated successfully for the past number of years. The event brings together some of the most sought after mobile food eateries from across the Greater Toronto Area. The Canadian Food Truck Festival has grown as a phenomenon across south central Ontario in past years expanding from one, to two, to now four locations. SickKids Foundation has been Canadian Food Truck Festivals charitable partner since the organization’s inception in 2013. To date, more than $250,000 in donations have been raised at the festivals entrances for the Possibilities Fund, supporting the highest priority needs at SickKids. Because of the support SickKids receives from this event and community initiatives like it, important advances have been made in child health research, new life-saving medical equipment has been purchased for their clinics and operating rooms, and their young patients continue to receive the best care that science, technology, and compassion have to offer – here in Pickering and around the world. 4. A Community BBQ hosted by Peter Bethlenfalvy, MPP Pickering-Uxbridge took place in 2019 in Esplanade Park. This event was impacted by COVID-19 and did not run in 2020 and 2021. In 2022, the event returned to Esplanade Park. The 2023 program will include free food, live entertainment and free activities. At this time, staff are requesting Council authorization to permit Esplanade Park for the above listed community events in 2023. - 66 - CS 01-23 January 9, 2023 Subject: 2023 Community Festivals and Events Page 4 Attachments: 1.None Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Krystal Roberts Sarah Douglas-Murray Acting Supervisor, Cultural Services Director, Community Services SDM:kr Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 67 - Report to Executive Committee Report Number: CS 02-23 Date: January 9, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Community Banner Policy -File: A-1440-001 Recommendation: 1.That Council endorse CUL 140 Community Banner Policy as set out in Attachment 1 to this report, subject to minor revisions acceptable to the Director, Community Services; and, 2.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: As per Report CS 09-22 (Resolution #877/22), Council directed City staff to draft a Community Banner Policy and return it for Council’s consideration before the end of 2022. The purpose of the Community Banner Policy is to establish clear and consistent methods for City staff to initiate and implement Community led banner displays; to establish methods for individuals and organizations to request banners on 24 designated streetlight poles in City Centre; and, to address requests from the public to display banners in new locations throughout the City. The purpose of this report is to seek Council’s endorsement of CUL 140 Community Banner Policy as set out in Attachment 1 of this report. Financial Implications: There is no financial impact resulting from the endorsement of this policy. Community applicants are responsible for costs associated with fabrication of community-led banner displays. Staff-led banner display costs will be included in the annual Current Budget. Discussion: The City of Pickering owns and maintains in excess of 8,000 streetlights throughout the City. Public art and wayfinding initiatives displayed on street banners are valuable assets that enhance the social and cultural environments of municipalities. Through these street banner installations we beautify our environment, engage the community in creative place-making, and celebrate community stories, culture, and diversity. As the City continues to grow, more community organizations will be interested in displaying banners and this document will provide the guidelines and timelines on how to do so fairly, and - 68 - CS 02-23 January 9, 2023 Subject: Community Banner Policy Page 2 equitably. The purpose of the Community Banner Policy is to establish clear and consistent methods for City of Pickering staff to initiate and implement community-led banner displays; to establish methods for individuals and organizations to request banners on 24 designated streetlight poles in City Centre; and, to address requests from the public to display banners in new locations throughout the City. The City of Pickering will implement streetlight banner displays in three ways: 1) Staff led initiatives for banner displays on City streetlight posts. Staff-led initiatives may include public art displays, beautification, wayfinding, tourism initiatives, support for City initiatives, and commemoration. The approval process and criteria is outlined in Section 09 of the Community Banner Policy; 2) Community requests for banner displays on the 24 designated streetlights in Pickering’s City Centre. This program will be promoted and administered through a biannual community call for submissions and supported by a procedure as outlined in Section 10 in the Community Banner Policy; 3) Community requests for banner displays in new locations in the City. This program will accept banner display requests that will be reviewed and recommended, as outlined in Section 11 of the Community Banner Policy, on a case by case basis. When any community banner display proposal is submitted to the City, the criteria used to evaluate their request will be based on a number of considerations, as described in Community Banner Policy Section 08 -Inclusions and Restrictions for all banner displays. Established community-led banners that have previously been approved by City Staff or Council and displayed on City owned streetlight poles, may continue, based on the initial approved conditions for display. This includes: • 48 Legion banners commemorating Remembrance Day in City Centre annually in October and November; • 26 Legion banners commemorating Remembrance Day in Claremont annually in October and November; • 17 Lions Club Spring / Summer and Community place making banners that are displayed annually from April to October and December to April; and • 6 PFlag banners commemorating Pride Month along Esplanade North annually in June. At this time, City staff seek Council’s authorization to implement the Community Banner Policy. Attachments: 1. Community Banner Policy CUL 140 - 69 - CS 02-23 January 9, 2023 Subject: Community Banner Policy Page 3 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Laura Gibbs MBA, MSc. Sarah Douglas-Murray Division Head, Culture and Community Director, Community Services Programming LG:sdm Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 70 - Attachment #1 to Report CS 02-23 Policy Procedure Title: Community Banner Policy Policy Number CUL 140 Reference CUL-130 Public Art Policy, ADM 150 Marketing Partnership and Advertising Policy, Resolution #877/22 Date Originated (m/d/y) December 5, 2022 Date Revised (m/d/y) Pages 9 Approval: Chief Administrative Officer Point of Contact Supervisor, Cultural Services Policy Objective Banners on City streetlight and facility parking lot light poles provide opportunities to develop community identity, pride, and enhance cultural experiences within a community. The objectives of this policy are: •To establish clear and consistent methods for The Corporation of the City of Pickering (“City”) staff to initiate and implement community-led banner displays within the City; •To establish clear and consistent methods for individuals and organizations to request banner displays through the City Centre Banner Display Program, located on 24 designated streetlight poles in the City Centre; and •To establish clear and consistent methods for individuals and organizations to request banner displays in new locations throughout the City. Index 01 Purpose 02 Scope 03 Application 04 Definitions 05 Delegation of Authority 06 General 07 Locations - 71 - 08 Inclusions and Restrictions for all banners 09 Approval process and criteria for staff-led banner displays 10 Approval process and criteria for community-led banner displays on the 24 City Centre Streetlights 11 Approval process and criteria for community-led banner displays in new locations in the City 01 Purpose Public art and wayfinding initiatives displayed on street banners are valuable assets that enhance the social and cultural environments of municipalities. Through these street banner installations we beautify our environment, engage the community in creative place- making, and celebrate community stories, culture, and diversity. 02 Scope The Banner Policy is designed: •To establish the process for City staff to create banner displays in the City; •To establish the process for individuals and organizations to request banner displays on Pickering’s City Centre 24 designated streetlight poles; and •To establish the process for individuals and organizations to request banner displays in new locations throughout the City. 03 Application This Policy applies to banners displayed within the City, on owned streetlight and parking lot light poles. 04 Definitions 04.01 City of Pickering Streetlight Poles -Municipal streetlight poles can be found throughout the City, including facility parking lots. These poles are owned and maintained by the City. City Streetlight Poles that make good candidates for banners are in visible community locations and in safe environments away from hydro lines and hanging branches. 04.02 Utility Poles -Utility Poles support overhead power lines and other public utilities such as electrical cable, fibre optic cable and other related equipment such as street lights and transformers. Utility Poles are not included within the scope of this policy. Policy Title: City Banner Policy Page 2 of 9 Policy Number: CUL 140 - 72 - 04.03 Public Art Banners -Art developed and designed by professional artists that is displayed on municipally owned public space. These artworks are subject to the approval process outlined in the City of Pickering Public Art Policy (CUL – 130). 04.04 Corporate Art Banners - Banners designed by City staff, or a designer subject to the City of Pickering Branding Guidelines. 04.05 Community-led Designs - Banners designed and produced by community groups or Pickering residents. 04.06 City Centre Banner Display Program - Community requested banners that have been submitted through an online application form which will be reviewed by staff using established criteria, and endorsed by the Cultural Advisory Committee. Intake for this program is twice a year: March 28th and October 28th. 04.07 Established Community Banner Program - Community-led banners that have been approved by City Staff or Council and displayed on City of Pickering streetlight poles previously. Established community-led banner displays may continue based on the initial conditions of approval for display. Established Community Banner displays include: •48 Legion banners commemorating Remembrance Day in City Centre annually in October and November. •26 Legion banners commemorating Remembrance Day in Claremont annually in October and November. •17 Lions Club Spring/Summer and Community place making banners that are displayed annually from April to October and December to April. •6 PFlag banners commemorating Pride Month along Esplanade North annually in June. 05 Delegation of Authority 05.01 Chief Administrative Officer to: a)Support the allocation of staff resources to coordinate the Community Banner Policy; 05.02 The Mayor and Members of Council to: a)Direct inquiries related to community-led banners to the appropriate City staff; b)Review and approve the community banner displays endorsed by staff and the Cultural Advisory Committee. 05.03 Directors & Division Heads to: Policy Title: City Banner Policy Page 3 of 9 Policy Number: CUL 140 - 73 - a) Support the allocation of staff resources to the Community Banner Program; b) Ensure their department supports and meets the corporations obligations related to the Community Banner Program; c) Director, Community Services to consider and endorse, as appropriate, City staff recommendations to display banners on City Streetlight poles. 05.04 Managers & Supervisors to: a) Assign staff resources to coordinate display of banners on City of Pickering streetlight poles; 05.05 Employees to: a) Review banner applications and provide timely responses; b) Recommend the approval or denial of a proposal based on eligibility criteria; c) Keep an up to date listing of the banner displays and available City streetlight and parking lot light poles; d) Install banner hardware and banners; 05.06 Cultural Advisory Committee to: a) Review applications from the community for banner displays and recommend community displays in the Cultural Advisory Committee reports that are presented to Council for approval. 06 General The City will implement streetlight banner displays in three ways: 1. Staff led initiatives for banner displays on City of Pickering streetlight poles. Staff-led initiatives may include public art displays, beautification, wayfinding, tourism initiatives, support for City initiatives, and commemoration. 2. Community requests for banner displays on the 24 designated streetlights in Pickering’s City Centre. This program will be promoted and administered through a biannual community call for submissions and supported by a procedure. Policy Title: City Banner Policy Page 4 of 9 Policy Number: CUL 140 - 74 - 3.Community requests for banner displays in new locations in the City. This program will accept banner display requests that will be reviewed and recommended for approval on a case-by-case basis. 07 Locations 1.Staff-led initiatives for banner displays can be installed in various locations around the City, with preference to pedestrian pathways, and locations with high visibility. 2.The City will provide 24 streetlights in City Centre for Established Community Banner Program displays that can be requested and booked by community groups. The 24 City Centre locations have banner hardware that will be maintained by the City. 3.Individuals and the community can request banner displays in new locations in the City. Only City-owned streetlight poles will be considered for display. New banner locations will be subject to available staff resources for installation and removal. Any additional cost for the purchase of new hardware for streetlight poles may be subject to budget approval by Council in the next fiscal year. 08 Inclusions and Restrictions for all banner displays 08.01 All banner displays including: 1) staff-led banner displays; 2) community-led banner displays on the 24 City Centre Banners; and 3) community-led banner displays in new locations are subject to the following criteria: To be considered for the Community Banner Program, banner proposals must provide a meaningful benefit to the community and must support, foster or promote one or more of the following areas: •Arts and Culture; •Environment; •Culture; •Diversity; •Heritage Promotion; •Education; •Health and Wellness; •Physical Fitness; •Enrich the character and identity of the City; •Create unique or innovative experiences; and •Be openly accepting, inclusive and accessible of all community members. Banner proposals submitted to the City for approval must meet certain criteria to be eligible, including compatibility with the provisions of municipal, provincial and federal laws as well as in accordance with rules and regulations administered by the City’s by-laws. Policy Title: City Banner Policy Page 5 of 9 Policy Number: CUL 140 - 75 - 09 08.02 The City will not accept banner proposals and/or banner designs that: • Endorse views or ideas that promote discrimination, contempt or hatred. The purposes, practices and banner proposals of applicant groups must be consistent with the Human Rights Code; • Represent politically based parties, organizations or individuals; • Conflict with the City’s values or that are deemed to impact negatively on the City’s identity as being family friendly; • Contribute to the sale of tobacco, marijuana, pornography or support the production, distribution, and sale of weapons and other life-threatening products; • Endorse views and ideas that are likely to promote discrimination, contempt or hatred for any person on the basis of race, national or ethnic origin, citizenship, religion, age, gender, marital status, family status, sexual orientation, disability, political affiliation, economic status or level of literacy; and, • The primary purpose of the banners is promotion of a business or commercial enterprise. Approval Process and criteria for Staff-led banner display 09.01 Staff-led banner designs are subject to the following approval criteria in addition to those outlined in Section 8: • Designs that are considered public art have followed the provisions of the Public Art Policy (CUL 130) and may be subject to evaluation by a Public Art Jury or Committee. • Costs for banner printing and installation are approved in the budget. 09.02 Staff-led banner designs are subject to the following approval process: 1. Banners designs are recommend by staff to the Cultural Advisory Committee. 2. The Cultural Advisory Committee reviews banner designs and provides endorsement. 3. Banner designs are approved by the Director, Community Services. Policy Title: City Banner Policy Page 6 of 9 Policy Number: CUL 140 - 76 - 10 Approval process for community-led banner displays on the 24 City Centre streetlights 10.01 The application and installation process for community-led banner displays on the 24 City Centre banner locations is outlined in City Centre Banner Display Procedure. 10.02 Community groups and individuals can submit a proposal application on the City website. The application process is outlined in the City Centre Banner Display Procedure. 10.03 Community requests to display banners on the 24 City Centre streetlights is subject to the following conditions: •Each community banner submission can request a maximum of 12 banner locations of the 24 City Centre locations available. •Community banners may be displayed for a span of eight weeks. •Community banners will be installed and removed by the City. •The City will supply the hardware to display banners. •The Community organization or individual is responsible for the design of the banners and costs fabrication. •All banners must meet size, material guidelines etc. •Organizations and individuals are responsible to drop off banners two weeks prior to the installation date. Organizations and individuals are responsible for picking up banners from the City within two weeks of the removal date or else they will be discarded at the owners expense. 10.04 Community-led banner designs for the 24 City Centre streetlights is subject to the following approval process: •The City will issue a call for written applications biannually, with deadlines to apply via the City website on March 28th and October 28th. •Applications will be screened by staff for eligibility and presented to the Cultural Advisory Committee for review. •The Cultural Advisory Committee will review the applicants’ banner displays and may recommend approval based on the selection criteria in Section 8 and 10 of this policy. •Banner recommendations will be presented to Mayor and Council for approval as part of the Cultural Advisory work plan and report to council. Policy Title: City Banner Policy Page 7 of 9 Policy Number: CUL 140 - 77 - 11 • Staff will notify applicants on the outcome of their application. Approval process for community-led banner displays in new locations in the City 11.01 When proposals are submitted, the criteria used will be based on a number of different considerations: • Nature and type of banner design o Artwork must fit banner dimensions as provided by City staff o Artwork must be printed on both sides of banners o Artwork must be colourful o High resolution digital files are required for production o Banners must be printed on low-maintenance materials. • Capacity and relevant experience of the applicant o Availability of budget to complete the project o Ability of the applicant to meet project timelines o Applicant’s ability to create high quality designs. • Space/staff/equipment availability the dates requested o Availability of proposed banner locations o Staff resources will support the scope of the banner installation o Staff resources support installation and removal of banners within the timeframe requested. • Benefit and/or enhancement of the community o Artwork demonstrates direct impact to the community as outlined in section 8. 11.02 Community-led banner designs for new City streetlight locations that are not included in the 24 City Centre locations are subject to the following approval process: • Written submissions will be accepted via the City website and form for new banner locations. • Applications will be screened by staff for eligibility. • Staff will confirm if banner locations are available and if City resources can support the request. • Staff will present the application to the Cultural Advisory Committee. • The Cultural Advisory Committee will review the applicants’ banner displays and may recommend approval based on the selection criteria in section 8 and 11 of this policy. Policy Title: City Banner Policy Page 8 of 9 Policy Number: CUL 140 - 78 - •Banner recommendations will be presented to Mayor and Council for approval as a Report to Council. •Staff will notify applicants on the outcome of their application. Policy Title: City Banner Policy Page 9 of 9 Policy Number: CUL 140 - 79 - Report to Executive Committee Report Number: ENG 01-23 Date: January 9, 2023 From: Richard Holborn Director, Engineering Services Subject: Quotation No. Q2022-19 -Construction of Two Basketball Facilities -File: A-1440 Recommendation: 1.That Quotation No. Q2022-19 for Construction of Two Basketball Facilities in Usman Green and Canadian Green, as submitted by Mianco Group Inc. in the total quotation amount of $121,856.38 (HST included) be accepted; 2.That the total gross project cost of $141,000.00 (HST included), including the quotation amount, a contingency and other associated costs, and the total net project cost of $126,975.00 (net of HST rebate) be approved; 3.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $126,975.00 as follows: a)the sum of $40,000.00 available budget in capital project C10320.2212 as approved in the 2022 Parks Capital Budget to be funded from the Reserve Fund – Parkland be increased to $62,269.00; b)the sum of $45,000.00 available budget in capital project C10320.2214 as approved in the 2022 Parks Capital Budget to be funded from the Reserve Fund – Parkland be increased to $64,706.00; 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: Usman Green is located in the Brock Ridge Neighbourhood, directly east of the Pickering Islamic Centre. Canadian Green is located in the Duffin Heights Neighbourhood, on Tillings Road, at the west end of Zents Drive. The residents of these two neighbourhoods requested additional play features be added to these village greens. After staff reviewed the space available within each village green, it was determined that basketball facilities would be suitable in these locations. As part of the 2022 Parks Capital Budget, $40,000.00 was approved for the installation of a basketball play area in Usman Green and $45,000.00 was approved for the installation of a basketball play area in Canadian Green. Quotation No. Q2022-19, for the Construction of Two Basketball Facilities, was advertised on the City’s Bids & Tenders portal on September 30, 2022 and closed on October 13, 2022 with - 80 - ENG 01-23 January 9, 2023 Subject: Quotation No. Q2022-19 Construction of Two Basketball Facilities Page 2 four bidders responding. The lowest compliant bid of $121,856.00 (HST included) submitted by Mianco Group Inc. is recommended for approval. The total gross project cost which includes the quotation amount, a contingency and other associated costs, is estimated at $141,000.00 (HST included) and the total net project cost is estimated at $126,975.00 (net of HST rebate). Financial Implications 1. Quotation Amount Quotation No. Q2022-19 Usman Green Canadian Green Subtotal $52,850.00 54,987.50 107,837.50 HST (13%) 14,018.88 Total Gross Quotation Amount $121,856.38 2. Estimated Individual Project Cost Summaries Quotation No. Q2022-19 – Usman Green – Basketball Facility $52,850.00 Associated Costs Materials Testing 2,000.00 Construction Contingency (12%) 6,342.00 Total (Usman Green) $61,192.00 HST (13%) 7,955.00 Total Gross Project Cost (Usman Green) $69,147.00 HST Rebate (11.24%) (6,878.00) Total Net Project Cost (Usman Green) $62,269.00 Quotation No. Q2022-19 – Canadian Green – Basketball Facility $54,988.00 Associated Costs Materials Testing 2,000.00 Construction Contingency (12%) 6,599.00 Total (Canadian Green) $63,587.00 HST (13%) 8,266.00 Total Gross Project Cost (Canadian Green) $71,853.00 HST Rebate (11.24%) (7,147.00) Total Net Project Cost (Canadian Green) $64,706.00 - 81 - ENG 01-23 January 9, 2023 Subject: Quotation No. Q2022-19 Construction of Two Basketball Facilities Page 3 3. Estimated Combined Project Cost Summary Quotation No. Q2022-19 – Construction of Two Basketball Facilities – Usman Green and Canadian Green $ 107,838.00 Associated Costs 4,000.00 Construction Contingency (12%) 12,941.00 Sub Total $124,779.00 HST (13%) 16,221.00 Total Gross Project Cost $141,000.00 HST Rebate (11.24%) (14,025.00) Total Net Project Cost $126,975.00 4. Approved Source of Funds Location Expense Code Source of Funds Budget Required Usman Green Canadian Green C10320.2212.01- 504700 C10320.2214.01- 504700 RF – Parkland RF - Parkland $40,000.00 $45,000.00 $62,269.00 $64,706.00 Net project cost (over) under approved funds – Usman Green ($22,269.00) Net project cost (over) under approved funds – Canadian Green ($19,706.00) Discussion: Usman Green is located in the Brock Ridge Neighbourhood, at 2325P Usman Road, directly east of the Pickering Islamic Centre. Canadian Green is located in the Duffin Heights Neighbourhood, at 2560P Tillings Road, at the west end of Zents Drive. Both village greens currently have a children’s playground, a shade structure with seating, walking paths and some open green space for informal play. As both of these neighbourhoods have a high contingent of children, the residents requested that additional play features be added to these village greens. Staff determined that basketball facilities would be a suitable fit in both of these locations, to provide additional play opportunities for the older children, teens and adults. As part of the 2022 Parks Capital Budget, $40,000.00 was approved for the installation of a basketball play area in Usman Green and $45,000.00 was approved for the installation of a basketball play area in Canadian Green. The work to be completed in Quotation No. Q2022-19 includes the following items for Usman Green: construction of an asphalt pad, installation of a basketball pole, backboard, hoop and net, line painting, extension of the existing decorative iron fence to enclose the space from the street, relocation of a storm catch basin and associated site grading and restoration. The quotation also includes following items for Canadian Green: construction of an asphalt pad, - 82 - ENG 01-23 January 9, 2023 Subject: Quotation No. Q2022-19 Construction of Two Basketball Facilities Page 4 installation of a basketball pole, backboard, hoop and net, line painting, construction of an armourstone retaining/seat wall, poured concrete pad with additional benches, and associated site grading and restoration. Quotation No. Q2022-19, for the Construction of Two Basketball Facilities, was advertised on the City’s Bids & Tenders portal on September 30, 2022 and closed on October 13, 2022 with four bidders responding. The lowest compliant bid of $121,856.00 (HST included) submitted by Mianco Group Inc. is recommended for approval. The total gross project cost which includes the quotation amount, a contingency and other associated costs, is estimated at $141,000.00 (HST included) and the total net project cost is estimated at $126,975.00 (net of HST rebate). Award of Q2022-19 to Mianco Group Inc., will be conditional upon receiving the City's Health & Safety form, Certificate of Clearance issued by the Workplace Safety & Insurance Board, Certificate of Insurance and requisite approvals. The previous work experience and references of Mianco Group Inc. have been reviewed and deemed to be acceptable. Mianco Group were recently awarded the contract for Tender No. T2022-12 for Breezy Drive/Sunrise Avenue Storm Sewer Outfall Reconstruction as well. Upon careful examination of all quotations and relevant documents received, the Engineering Services Department recommends acceptance of the lowest compliant bid submitted by Mianco Group Inc. for Quotation No. Q2022-19 in the amount of $121,856.00 (HST included), and the total net project cost of $126,975.00 (net of HST rebate) be approved. Attachments: 1. Location Map - 83 - ENG 01-23 January 9, 2023 Subject: Quotation No. Q2022-19 Construction of Two Basketball Facilities Page 5 Prepared By: Approved/Endorsed By: Original signed by: Original signed by: Arnold Mostert Richard Holborn, P. Eng. Manager, Landscape & Parks Development Director, Engineering Services Original signed by: Original signed by: Cathy Bazinet Kristine Senior, CPA, CA Manager, Procurement Deputy Treasurer AM:mjh Recommended for the consideration of Pickering City Council Original signed by: Marisa Carpino, M.A. Chief Administrative Officer - 84 - Attachment #1 to Report ENG 01-23 - 85 - Report to Executive Committee Report Number: FIN 01-23 Date: January 9, 2023 From: Stan Karwowski Director, Finance & Treasurer Subject: 2023 Interim Levy and Interim Tax Instalment Due Dates -File: F-4200-001 Recommendation: 1.That an interim property tax levy be adopted for all realty property classes for 2023; 2.That the interim property tax levy instalment due dates be February 27 and April 27, 2023; 3.That the attached draft by-law, providing for the imposition of the taxes, be enacted; and 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Each year, prior to the adoption of the estimates for the year, Council authorizes the adoption of a by-law that establishes an interim tax levy to all property classes, payment due dates, and penalty and interest charges. Under Provincial legislation, the interim levy can be no more than 50 per cent of the previous year’s annualized taxes. The tax levy raises funds that are used for the continuing operations of the City, Region and the School Boards. These due dates are relatively unchanged from prior years. Financial Implications: This is an annual report which is procedural in nature. Enacting a by-law that establishes an interim tax levy to all properties will permit the City to meet its financial obligations and reduce borrowing costs until such time as the 2023 Budget and 2023 Final Tax Levy by-laws are approved by Council. The first instalments payable to the School Boards and Region are due shortly after the due dates. ___________________________________________________________________________ Discussion: In accordance with the Municipal Act, 2001, as amended, the City issues interim property tax bills based on the previous year’s annualized taxes. Those taxpayers that utilize the City’s Pre-authorized Tax Payment Plan (PTP) will have the benefit of spreading any potential tax increase over the 6 instalments that occur after the City’s budget has been passed and after the Province sets the 2023 (final) education tax rates. The City currently has approximately 12,000 ratepayers using the monthly PTP program. - 86 - Taxpayers who have taxes included with their mortgage payments pay their taxes over a 12 month period and also do not experience the impact of an increase to the same extent as a taxpayer who pays their taxes on the four regular instalment due dates. Attachments: 1.By-law to Establish the 2023 Interim Instalment Due Dates Prepared By: Approved/Endorsed By: Karen Uphoff Stan Karwowski Supervisor, Taxation Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: - 87 - Attachment #1 to Report FIN 01-23 The Corporation of the City of Pickering By-law No. /23 Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2023 Whereas Section 317 of the Municipal Act, 2001, S.O.2001, c.25, as amended, provides that the council of a local municipality may, before the adoption of the estimates for th e year, pass a by-law levying amounts on the assessment of property, in the local municipalit y ratable for local municipality purposes; and Whereas, the Council of the Corporation of the City of Pickering deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. Now therefore, the Council of the Corporation of the City of Pickering hereby enacts as follows: 1.The amounts levied shall be as follows: a.For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and school purposes levied in the year 2022. b.For the multi-residential, commercial and industrial property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and school purposes levied in the year 2022. c.For the payment-in-lieu property classes, there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50 per cent of the total annualized taxes for municipal and where applicable for school purposes, levied in the year 2022. 2.For the purposes of calculating the total amount of taxes for the year 2023 under paragraph 1, the Treasurer has the authority to prescribe the percentage for the calculation of the interim taxes, and if any taxes for municipal and school purposes were levied on a property for only part of 2022 because assessment was added to the collector’s roll during 2022, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. 3.The provisions of this by-law apply in the event that assessment is added for the year 2022 to the collector’s roll after the date this by-law is passed and an interim levy shall be imposed and collected. - 88 - By-law No. Page 2 4.Taxes shall be payable to the Treasurer, City of Pickering. 5.When not in default, the payment of taxes, or any instalment thereof, may also be made at any financial institution permitted by Subsection 346 (2) of the Municipal Act, 2001, S.O. 2001 c. 25, as amended. 6.The Treasurer may mail, or cause to be mailed, all notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S.O. c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the Treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from tenants or other persons. 7.The Treasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (1) and (2) of the Municipal Act, 2001, S.O. c.25, as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipal Act, 2001, S.O. c.25, as amended. 8.The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2023 interim taxes, 1 notice being an interim notice, with 2 instalments under the provisions of Section 342 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, as follows: Interim Tax Notice -Due date of the first instalment February 27, 2023 -Due date of the second instalment April 27, 2023; or either date adjusted by the Director, Finance & Treasurer. 9.Section 8 of this by-law in respect to the due dates does not apply to those taxpayers who participate in the City’s monthly Pre-authorized Tax Payment plan (PTP). Monthly PTP interim due dates are the 1st, 8th, and 16th day of each month. 10.Except in the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the late payment charge of 1.25 per cent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax or assessment, rent or rate of any instalment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act, 2001, S.O. c.25, as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or instalments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act, 2001, S.O. c.25, as amended. - 89 - By-law No. Page 3 11.In the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, the late payment charge of 1.25 per cent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax so payable remaining unpaid on the first day after 21 days from the date of mailing by the Treasurer of a demand for payment thereof and on the first day of each calendar month thereafter in which default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act, 2001, S.O. c.25, as amended. It shall be the duty of the Treasurer immediately after the expiration of the said 21 days to collect at once by distress or otherwise under the provisions of the applicable statutes, all such taxes as shall not have been paid on or before the expiration of the said 21 day period, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act, 2001, S.O. c.25, as amended. 12.Nothing herein contained shall prevent the Treasurer from proceeding at an y time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes. 13.Where tenants of land owned by the Crown or in which the Crown has an inter est are liable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than 30 days, such employer shall pay over to the Treasurer on demand out of any wages, salary o r other remuneration due to such employee, the amount then payable for taxes under this by- law and such payment shall relieve the employer from any liability to the employee for the amount so paid. 14.If any section or portion of this by-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Pickering that all remaining sections and portions of this by-law continue in force and effect. 15.That this by-law is to come into effect on the 1st day of January, 2023. By-law passed this 23rd day of January, 2023. ______________________________ Kevin Ashe, Mayor ______________________________ Susan Cassel, Clerk - 90 - -C~o/Report to Executive Committee Report Number: LEG 01-23 Date: January 9, 2023 From:Paul Bigioni Director, Corporate Services & City Solicitor Subject:Joseph E. Murley and Joyce Murley – Plan of Subdivision 40M-2164 -Final Assumption of Plan of Subdivision -Lot 10, Plan 40M-2164 -1715 Rockwood Drive -File: 40M2164 Recommendation: 1.That works and services required by the Subdivision Agreement dated September 6, 2002 and amended by an agreement dated June 1, 2011 (hereinafter referred to as the “Subdivision Agreement”) within Lot 10, Plan 40M-2164, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2.That Joseph E. Murley and Joyce Murley be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2164; and 3.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Executive Summary: The City entered into a Subdivision Agreement with the above-noted developer for the development of the lands within Lot 10, Plan 40M-2164. As all works and services within the said lot have been completed to the satisfaction of City staff, it is appropriate to finalize the assumption of those works and services. Financial Implications: Not applicable. Discussion: The City entered into a Subdivision Agreement with the above-noted developer for the development of the lands within Lot 10, Plan 40M-2164. As the developer has now completed all of the works and services to the satisfaction of City staff, it is appropriate to: (a) assume the works and services within Lot 10, Plan 40M-2164; and (b) release Joseph E. Murley and Joyce Murley from the provisions of the Subdivision Agreement with the City and any amendments related thereto, as it relates to Plan 40M-2164. - 91 - LEG 01-23 January 9, 2023 Subject: Final Assumption of Plan of Subdivision 40M-2164 Page 2 Attachments: 1. Location Map – Lot 10, 40M-2164 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Chantelle Adair Paul Bigioni Law Clerk Director Corporate Services & City Solicitor PB:ca Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer Recommendation approved: Chief Administrative Officer per: Original Signed Director, City Development & CBO per: Original Signed Director, Corporate Services & City Solicitor per: Original Signed Director, Engineering Services per: Original Signed - 92 - - - - - ,.._ - ,..._ ••x• ~ )< )< " -)< ~ )< ><~,)x "" E' - XX X lC ,..._ / - ,__ ~ '-./ 1/,,,--- - l---vv ", ,__ V ,__ c---------- V\ I - I ~ \ / '\ I -Ci4Jof- P1CKER1NG I Attachment #1 to Report LEG 01-23 Wo o d v i e w A v e n u e Hogarth Street Ro c k w o o d D r i v e S w e e t b r i a r C o u rt © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City Development Department Location Map File:Property Description:Assumption 40M2164 Date: Oct. 31, 2022 Lot 10, 40M-2164 1:1,500 SCALE : THIS IS NOT A PLAN OF SURVEY. ¯ Lot 10 L:\PLANNING\01-MapFiles\Legal\Assumption\Assumption40M2164_LocationMap.mxd - 93 - Report to Executive Committee Report Number: LEG 02-23 Date: January 9, 2023 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Lebovic Enterprises Limited – Plan of Subdivision 40M-2495 -Final Assumption of Plan of Subdivision -Lots 1 to 164 and Blocks 165 to 194, Plan 40M-2495 and Part Lot 20, Concession 3, being Parts 14 and 15, Plan 40R-6934 -File: 40M2495 Recommendation: 1.That Dusty Drive, Spinnaker Mews, Canadian Street, Bruny Avenue, Brandy Court, Winville Road, Shepway Mews, Caravan Mews and Pegasus Mews within Plan 40M-2495 be assumed for public use; 2.That works and services required by the Subdivision Agreement, dated October 14, 2011, within Plan 40M-2497 and Parts 14 and 15, Plan 40R-6934, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 3.That Lebovic Enterprises Limited be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2495 and Parts 14 and 15, Plan 40R-6934; and 4.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Executive Summary: The City entered into a Subdivision Agreement with the above-noted developer for the development of the lands within Plan 40M-2495 together with lands lying outside the plan being Parts 14 and 15, Plan 40R-6934. As all works and services within these plans have been completed to the satisfaction of City staff, it is appropriate to finalize the assumption of those works and services. Financial Implications: Not applicable. Discussion: The City entered into a Subdivision Agreement with the above-noted developer for the development of the lands within Plan 40M-2495 together with lands lying outside the plan in the City’s ownership being Parts 14 and 15, Plan 40R-6934. As the developer has now completed all of the works and services to the satisfaction of City staff, it is appropriate to: (a) assume the roads and the works and services within Plan 40M-2495 and Parts 14 and 15, Plan - 94 - LEG 02-23 January 9, 2023 Subject: Final Assumption of Plan of Subdivision 40M-2495 Page 2 40R-6934; and (b) release Lebovic Enterprises Limited from the provisions of the Subdivision Agreement with the City and any amendments related thereto, as it relates to Plan 40M-2495 and Parts 14 and 15, Plan 40R-6934. Attachments: 1. Location Map – 40M-2495 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Chantelle Adair Paul Bigioni Law Clerk Director Corporate Services & City Solicitor PB:ca Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer Recommendation approved: Chief Administrative Officer per: Original Signed Director, City Development & CBO per: Original Signed Director, Corporate Services & City Solicitor per: Original Signed Director, Engineering Services per: Original Signed - 95 - I I_ 1 ~HLJIJWil[ i ............... 111 &11 [lj]1ffil I t Spinnaker Mews Pe g a s u s M e w s E Dersan Street E C a stle g ate C r o s sin E Fo u r S e a s o n s L a n e g ¯ Attachment #1 to Report LEG 02-23 y Drive Can a di an S ree t Drive Te ak Mew s Scenic Lane Drive Till i n gs Roa d Dust Zents DriveBrandy Court Plan 40M-2495 Bruny Avenue Winville Road Edgecroft Elmsley Drive DETAIL INSET NOT TO SCALE Part 1540R-6934 Part 1440R-6934 Part 14 & 1540R-6934SEE INSET Location MapFile: Assumption 40M2495Property Description: Plan 40M-2495 and Parts 14 & 15, 40R-6934 City Development Department Date: Nov. 18, 2022 © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; SCALE: 1:5,500 © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; THIS IS NOT A PLAN OF SURVEY. L:\PLANNING\01-MapFiles\Legal\Assumption\Assumption40M2495_LocationMap.mxd - 96 - Report to Executive Committee Report Number: SUS 01-23 Date: January 9, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Review of Diabetes Canada Textile Drop Box Initiative -Council Resolution #223/20 -File: D-7001 Recommendation: 1.That Report SUS 01-23 of the Director, City Development & CBO, regarding the Diabetes Canada Textile Drop Box Initiative, be received for information; 2.That Council endorse staff’s recommendation that the City of Pickering not enter into a partnership agreement with Diabetes Canada to install textile drop boxes on City of Pickering properties or adjacent to City facilities; and 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: This report is intended to provide an update and recommendation in regards to Council Resolution #223/20 (see Attachment #1), where staff were directed to review the potential of partnering with the Diabetes Canada Textile Diversion program to allow drop boxes to be installed on City properties/facilities. This process was delayed due to the COVID-19 closure of Diabetes Canada offices and their Textile Diversion program. Once staff resumed their review, a number of important factors were explored. Currently, there are numerous existing textile diversion opportunities in the City, including over 25 textile drop box locations, store fronts at Value Village, Salvation Army, and H&M; and charities that arrange for textile pick-up directly from a resident’s home. There are multiple charities that use textile drop boxes to raise funds. Partnering with one sole charity may be not equitable. In addition, during multiple site visits to various drop box locations, including those of Diabetes Canada, staff continually found the units to have items littering the surrounding area (see photos on page 3). If these bins were located on City property or were adjacent to a City facility, it would result in the area looking unkempt, and the potential for many Customer Care complaints requesting the City to clean it up. Other issues may include garbage being dropped off, and pest issues. This problem was exacerbated during the pandemic, when Diabetes Canada stopped servicing their bins, leaving very large amounts of donations littering the parking lots, and the responsibility of clean up to others. Based on this review, staff do not recommend that the City enter into a license agreement with Diabetes Canada to have textile drop boxes installed on City of Pickering properties/facilities. - 97 - SUS 01-23 January 9, 2023 Subject: Review of Diabetes Canada Textile Drop Box Initiative Page 2 It is recognized that waste diversion, including of textiles, is essential. To that end, staff will employ a variety of City platforms to promote these avenues to educate residents about existing textile diversion opportunities and its importance. Financial Implications: Not applicable to this report. Discussion: On January 27, 2020, Council received a delegation from Ryan Michaels, National Senior Associate, Government and Strategic Partnerships, Diabetes Canada. Mr. Michaels proposed establishing a partnership with the City of Pickering to develop a textile diversion program. A primary focus of the program was the placement of textile diversion drop boxes, located on both City and privately owned properties in the community. In consideration of Mr. Michael’s proposal, Council directed staff to form a working group, including staff representatives from By-law, Facilities, Sustainability and Planning, to work with Diabetes Canada, in an effort to review creating a partnership, and to report back to Council at its April 27th meeting on an implementation plan. Unfortunately, the COVID-19 global pandemic resulted in a shutdown of Diabetes Canada offices and their Textile Diversion program. Diabetes Canada staff were not available for discussion and no pick-ups were being done, leaving many bin sites in participating plaza and municipalities overflowing with donations. Given the closure of Diabetes Canada and a reprioritization due to COVID-19, further action on the project was deferred until such time as Diabetes Canada reopened. Following the lifting of COVID-19 restrictions, and Diabetes Canada’s reinstatement of staff and service, City staff resumed work on the project file and completed the following tasks: •researched existing diversion opportunities that residents can access; •completed an audit of current textile drop boxes; and •reviewed other municipal practices. An inventory of existing textile diversion opportunities throughout the City was created. Pickering residents currently have access to a variety of convenient ways to divert usable textiles from the garbage, including: •over twenty-five drop box locations; •store fronts (e.g., Salvation Army, H&M, Value Village); and •organizations that will pick up textiles from their home (e.g., Diabetes Canada, Kidney Foundation). - 98 - SUS 01-23 January 9, 2023 Subject: Review of Diabetes Canada Textile Drop Box Initiative Page 3 Also, Diabetes Canada is not the only charity that collects textiles. It may not be equitable to enter into a sole partnership with only one particular charity. Lastly, as noted above, during the pandemic, Diabetes Canada stopped servicing their bins, leaving very large amounts of donations littering the parking lots. The mess became the responsibility of others to clean up. The materials had to be disposed of as garbage since the goods had been exposed to the weather. Although Diabetes Canada has resumed servicing units, based on inspections, the bins quite often have donated materials surrounding them. If these bins were located on City property or adjacent to a City facility, it will result in the area looking unkempt, litter and pest issues, and Customer Care complaints. Photos of Diabetes Textile Diversion Bins Based on that review, at this time, staff do not recommend that the City enter into a license agreement with Diabetes Canada to have textile drop boxes installed on City of Pickering properties/facilities. To help educate residents about the importance of using existing textile diversion opportunities staff will include messaging on a variety of platforms. For example a ‘Recycle Your Textiles’ section was added to the City’s website under the Take Action section for Waste and Litter. Social media messages and promotions through an eNewsletter will also be used. Attachment: 1.Council Resolution #223/20 - 99 - SUS 01-23 January 9, 2023 Subject: Review of Diabetes Canada Textile Drop Box Initiative Page 4 Prepared By: Original Signed By Kristy Gagen Coordinator, Environmental Engagement Original Signed By Chantal Whitaker, BESc (Hons), CSR-P Manager, Sustainability & Strategic Environmental Initiatives Approved/Endorsed By: Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO KG:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 100 - Attachment #1 to Report SUS 01-23 Legislative Services Division Clerk’s Office Directive Memorandum January 30, 2020 To: Kyle Bentley Director, City Development & CBO From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on January 27, 2020 Notice of Motion Textile Diversion Strategy Council Decision Resolution #223/20 WHEREAS, the City of Pickering has been approached by Diabetes Canada and York University to develop a Textile Diversion Strategy; And Whereas, Diabetes Canada is the largest charitable clothing recycler with over 30 years of collection experience, diverting over 45 million kilograms of textiles each year; And Whereas, over 205 Canadian Municipalities have partnered with Diabetes Canada who operate over 1000 bins on Municipal property; And Whereas, Diabetes Canada is a member of the National Zero Waste Council; And Whereas, Diabetes Canada is a not for profit Organization with revenues generated from Textile Diversion helps support 11 million Canadians with diabetes including approximately 27000 individuals from Pickering; And Whereas, through a Textile Diversion Strategy an estimated 3,000,000 kilograms of textiles can be diverted from landfill; And Whereas, this Textile Diversion program will help support York University’s National Textile Diversion Study; And Whereas, the implementation of a Textile Diversion program in partnership with Diabetes Canada and their charitable partners will have no financial implications for the City of Pickering and enable Pickering to regulate the placement of textile diversion receptacles on public and private properties; Now therefore be it resolved that the Council of The Corporation for the City of Pickering: - 101 - 1.Supports in principle the implementation of a Textile Diversion Strategy; and, 2.Directs Staff, through the Office of the CAO, to form a working group including Staff representatives from By-law, Facilities, Sustainability and Planning to work with Diabetes Canada in an effort to review creating a partnership and report back to Council at its April 27th meeting on an implementation plan. Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer Director, Community Services & Deputy CAO Director, Corporate Services & City Solicitor - 102 -