Loading...
HomeMy WebLinkAboutFebruary 14, 2011 , Cirq oo Executive Committee Meeting Agenda _ Monday, February 14, 2011 PICKERING Council Chambers 7:30 pm Chair: Councillor O'Connell (1) Matters for Consideration Pages 1. Chief Administrative Officer's Report CAO 03-11 1-32 Updated By-law to Prohibit or Regulate Livestock/Exotic Animals Recommendation: 1. That Report CAO 03-11, a By-law to prohibit or regulate livestock/exotic animals be received; and 2. That By-Law No. 1769/83 being the existing Exotic Animal By-law be repealed and a. new By-law to prohibit or regulate livestock/exotic animals, included as Attachment #1, be enacted . 2. Chief Administrative Officer's Report CAO 05-11 33-52 Ministry of the Attorney General Opt-In Agreement Recommendation 1. That Report CAO 05-11 regarding the execution of a revised Opt-In Agreement, included as Attachment 1, for the collection of parking fines be received for information; and 2. That the Mayor and Clerk be authorized to execute the attached Opt-In Agreement between the Ministry of the Attorney General and the City of Pickering to replace the existing Opt-In Agreement. 3. Director, Operations & Emergency Services Report OES 11-11 53-68 Pottery Studio - Pickering Recreation Complex -Durham West Arts Centre Inc. Proposal Recommendation 1. That Report OES 11-1.1 of the Director, Operations & Emergency Services be received; Accessible ~ For information related to accessibility requirements please contact Linda Roberts p r IC K E RLN G Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Iroberts ci.citvofpickerina.com. Citq oo Executive Committee Meeting &RI Agenda Monday, February 14, 2011 PI Council Chambers 7:30 pm Chair: Councillor O'Connell 2. That Council endorse the proposal from Durham West Arts Centre Inc. to relocate to the Pickering Recreation Complex and use the pottery studio to operate pottery and art programs; 3. That the Mayor and the Clerk be authorized to execute a licence agreement to permit Durham West Arts Centre Inc. to use the pottery studio to operate pottery and art programs at the Pickering Recreation Complex from April 1, 2011 to March 31, 2014, that is in a form and substance acceptable to the Director, Operations & Emergency Services and the City Lawyer. 4. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 4. Director, Operations & Emergency Services, Report OES 12-11 69-85 Don Beer Arena Accessibility Upgrades and Environmental Improvements -Tender No. T-24-2009 -Request for Additional Fundinq Recommendation 1: That Report OES 12-11 of the Director, Operations & Emergency Services regarding additional funding for the Don Beer Arena project be received; 2. That additional funds in the amount of $120,000 (HST excluded) be approved; 3. That Council authorize the Director, Corporate Services & Treasurer to finance the $120,000 through a transfer from the Don Beer Reserve; and, 4. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 5. Director, Operations & Emergency Services, Report OES 13-11 86-94 Glendale Tennis Club -Ontario Trillium Foundation Grant Application Requirement -Amending Lease Agreement Recommendation Ctrq o0 Executive Committee Meeting Agenda Monday, February 14, 2011 PICKERING Council Chambers 7.:30 pm Chair: Councillor O'Connell 1. That Report OES 13-11 of the Director, Operations & Emergency Services be received; 2. That Council acknowledges to the Ontario Trillium Foundation that the Glendale Tennis Club Project for improvements to existing tennis facilities will be permitted at David Farr Memorial Park, and; 3. That the Mayor and the Clerk be authorized to execute an amending lease agreement to extend the Glendale Tennis Club's use of the Tennis Facilities for club purposes at David Farr Memorial Park to September 21, 2017 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Lawyer. 6. Director, Corporate Services & Treasurer, Report CS 10-11 95-98 Formal Quotations - Quarterly Report for Information Recommendation That Report CS 10-11 of the Director, Corporate Services & Treasurer regarding Formal Quotations - Quarterly Report for Information be received for information. (II) Other Business (III) Adjournment Cirq 00 Executive Committee 11141 Agenda PICKERING Unfinished Business Meeting Date Committee/Council Direction Source 12/13/10 Notice of Motion - Northeast Pickering and Greenwood Councillor McLean 12/13/10 Notice of Motion - Integrity Charter Councillor McLean 01/17/11 Clerk to review existing ward boundaries and report back to Council CAO Report 01-11 Accessible For information related to accessibility requirements please contact P I C K E D N'G Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 eery Report To Executive Committee PI KERI Report Number: CAO 03-11 Date: February 14, 2011 01 From: Debbie Shields City Clerk Subject: Updated By-law to prohibit or regulate livestock/exotic animals - File: S-3010-001-10 Recommendation: 1. That Report CAO 03-11, a By-law to prohibit or regulate livestock/exotic animals be received; and 2. That By-Law No. 1769/83, being the existing Exotic Animal By-law, be repealed and a new By-law to prohibit or regulate livestock/exotic animals, included as Attachment #1, be enacted Executive Summary: As part of a review of all municipal regulatory by-laws, it was determined that the current exotic animal by-law, created in 1984, was now outdated and that a new By-law was necessary. As a result, a new by-law to prohibit or regulate livestock/exotic animals has been created. The proposed By-law includes amendments considered appropriate based on input received from residents, industry stakeholders, Animal Services staff and the City Solicitor. The proposed By-law clearly identifies areas in Pickering where certain animals are allowed to be kept and owned. We are confident that this by-law will continue to allow our farm community to flourish while placing certain restrictions to residents residing in our urban community. In 2010, Animal Services received over 100 calls pertaining to nuisance wildlife within the City. Currently, the City does not have a By-law in place to prohibit residents from feeding and/or attracting wildlife into their community. This proposed By-law is intended to address this issue. The City is also often the host community for carnivals, zoos and public shows that involve animals that would otherwise be prohibited. Currently, the City does not have a method to permit or regulate these temporary operations. Report CAO 03-11 February 14, 2011 Subject: Updated By-law to prohibit or regulate livestock/exotic animals Page 2 The proposed By-law provides an opportunity for applicants to apply for a temporary licence, which could permit the temporary housing of animals normally prohibited, into Pickering. Financial Implications: Minimal revenue generated from issuance of Part I Offence Notices with set fines. The temporary licence fee reflects the administration and enforcement costs associated with bringing prohibited animals into our City. Although a fee is required, the City is not expected to realize any significant additional revenue as a result of the fees set out in this by-law. Sustainability Implications: The City of Pickering is committed to meeting the needs of all its citizens. Reviewing and updating by-laws is one way to continually assess our service delivery and remove barriers where they may exist. Background: The proposed By-law to regulate livestock/exotic animals addresses a variety of issues that are pertinent to our residents today. As part of the Clerks Office annual By-law review process, the Exotic Animal By-law 1769/83 was identified as being inadequate in todays' society and an update to the by- law was required. The existing By-law was originally passed in 1984, with amendments made in 1993, 1995 and again in 1999. Since that time, the residential areas in Pickering have grown and the needs of our residents have changed. On November 1, 2010, a private members bill, Bill 125 passed its' first reading. Once completely passed, this Bill will assist the Ministry of Natural Resources in prohibiting the keeping of exotic animals in captivity, unless they hold a licence to do so. This Bill will work alongside our proposed By-law to ensure that those residents that hold a licence at the Provincial level to keep prohibited species in captivity, are still allowed to do so, while restricting all others. As part of the Clerk's Office's regulatory by-law review, a thorough review of the current by-law was undertaken. Interested stakeholders, residents and industry professionals were'consulted to ensure that appropriate recommendations were being put forward. CORP0227-07/01 revised Report CAO 03-11 February 14, 2011 Subject: Updated By-law to prohibit or regulate livestock/exotic animals Page 3 03 The consultation consisted of the following: I • In early 2010, Animal Services staff reviewed exotic and livestock by-laws from a variety of different municipalities, including Stratford, Ajax, Ottawa and Oshawa. • In July 2010, a copy of the proposed by-law was emailed out to a list of interested stakeholders. Each recipient was asked to review the proposed by- law and to provide comments. Written comments were received and can be found in Attachment #2. • Andrew Lentini & Bob Johnson, both curators of the reptiles and amphibians at the Toronto Zoo were consulted and provided feedback on this By-law. Changes to the proposed By-law were made as a result of the discussions that were had. • Ron Hastie, the By-law chairperson from the Canadian Racing Pigeon Union provided his comments and suggestions to ensure that the concerns of the pigeon enthusiasts were properly addressed: Changes to the proposed By-law were made as a result of the discussions had with Mr. Hastie. Written comments can be found in Attachment #2. • In addition to the review done by industry stakeholders, the proposed By-law to regulate livestock/exotic animals has been reviewed extensively by Planning & Development, Municipal Law Enforcement Services and the City Solicitor. As the consultation process is now complete and comments from all interested parties have been considered, staff is recommending that the attached By-law to regulate or prohibit livestock/exotic animals be enacted. Attachments: 1. Proposed By-law to prohibit or regulate livestock/exotic animals 2. E-mail correspondence Prepared By: Approved/Endorsed By: t~J x Lindsey Narraway Debbie Shields Supervisor, Animal Services City Clerk CORP0227-07/01 revised 1 Report CAO 03-11 February 14, 2011 Subject: Updated By-law to prohibit or regulate livestock/exotic animals. Page 4 n -Q- Supervisor, Animal Services City Clerk LB:lb Copy: Chief Administrative Officer Recommended for.the consideration of Pickering Cit Coun it x.30 20 it Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised i _ Q J THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. XXXX/11 A by-law to prohibit or regulate livestock/exotic animals. WHEREAS Section 11(3) of the Municipal Act, 2001 authorizes the City to pass by-laws respecting animals; and WHEREAS Section 151 of the Municipal Act, 2001 authorizes the City to provide for a system of licences with respect to any business wholly or partly carried on within the City; and WHEREAS Section 103 of the Municipal Act, 2001 authorizes the City to pass a by-law to provide for the seizure and impounding of animals and the sale of impounded animals under certain conditions. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: PART 1- INTERPRETATION Definitions 1. In this by-law, "agricultural zone" means a property defined as agricultural under the City's Zoning By-laws and of a minimum size of five (5) acres; "animal" means any member of the animal kingdom; other than a human, dog or cat; "Animal' Services Officer" means a municipal law enforcement officer employed by the City to enforce municipal by-laws; "at large" means when an animal is found in any place other than the premises of the owner, and not under the physical control of any person, unless prior consent is given by the person owning the premises on which the animal is found; "City" means The Corporation of the City of Pickering or the geographic area of the City of Pickering, as the context requires; "domestic" describes an animal"that has been tamed by humans and has, through selective breeding, become notably different from its wild ancestors, and includes an animal derived from self-sustaining captive populations; 06 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 2 "dwelling unit" means a room or suite of one or more rooms designed or intended for use by an individual or family in which culinary and sanitary conveniences are provided for the exclusive use of such individual or family and with a private entrance from outside the building or from a common hallway or stairway inside; "licensee" means a person, partnership or corporation to whom a temporary licence has been issued to under the provisions of this by-law; "livestock" means any domestic fowl (including but not limited to chickens, ducks, geese, turkeys, guinea fowl, swans and ostrich), domestic rabbits (when more than 3 rabbits are kept), horses, donkeys, mules, bulls, oxen, cows or other cattle, sheep, lamb, goats, pigs, llamas, mink, emus, alpacas,. wild boar, bison, deer, elk, ponies, or rhea; used or kept for agricultural purposes; "owner" means the owner of an animal and includes a person possessing or harbouring an animal within the City, and, where the owner is a' person under the age of 18 years, the person responsible for the custody of the person under the age of 18 years; "pigeon" means a member of the widely distributed family of birds derived from self sustaining captive populations of Columbidae; "prohibited animal" means any animal set out in Schedule 3 of this By-law; "urban area" means the area within the urban boundary as delineated in Schedule 4 of this by-law; and "wildlife" means an animal indigenous to North America and/or wild by nature or disposition (feral or ferae) as outlined in Schedules 1 through 11 of the Fish and Wildlife Conservation Act, 1997. References to Legislation 2. In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-Jaw as it.is amended or re-enacted from time to time. Word Usage 3. This by-law shall be read with all changes in gender or number as the context may require. 4. A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 07 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page.3 5. Schedule 1 (IMPOUND FEE SCHEDULE); and Schedule 2 (TEMPORARY LICENCE FEE SCHEDULE); and Schedule 3 (PROHIBITED ANIMALS); and Schedule 4 (MAP OF URBAN/RURAL DELINIATION) are attached to and form part of this by-law. 6. Unless otherwise specified, references in this by-law to Parts, sections and Schedules are references to Parts, sections and Schedules in this by-law. Conflicts 7. If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. Severability 8. Each section of this by-law is an independent section, and the holding of any section or part of any section of-this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. PART II - REGULATIONS General .9. No person shall. keep, own or harbour, or permit .to be kept, owned or harboured on a temporary or permanent basis any prohibited animal in the City. 10. No person shall keep, own or harbour, or permit to be kept, owned, or harboured, on a temporary or permanent basis wildlife within the City. 11. For the purposes of Section 9 and 10, prohibited animals are those class of animals listed in Schedule 3. Exceptions 12. Notwithstanding the provisions of Section 10, a person may keep, own or harbour indigenous wildlife if the person keeping such animal is permitted to do so under the authority of the Fish and Wildlife Conservation Act, S.O. 1997,c.41, and the Canadian Wildlife Service. Pigeons 08 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 4 13. Every owner of domestic pigeons shall, (a) keep no more than thirty (30) pigeons at any time; (b) be a member of a recognized pigeon club which is affiliated with a national organization; (c) ensure all pigeons are not kept in, upon, or under any dwelling unit, apartment building or other building used for human habitation; (d) keep all pigeons in a bird enclosure of sufficient size to house all birds; which shall provide a minimum space of 1.0 cubic metres, with a minimum height of 1.0 metres for every 10 birds, and shall be constructed as to prevent escape of pigeons; (e) ensure the bird enclosure is located no less than seven (7) metres from any dwelling unit, apartment building, commercial establishment, industrial establishment, recreational establishment or other building used for human habitation and no less than three (3) metres from any property line; (f) ensure each pigeon wear a metal or plastic leg band that shall identify the owner of the bird, (g) ensure the pigeons do not stray, parch, roost, nest or rest upon any premises other than on premises of the owner; (h) keep the pigeons in a building, structure, loft, pen, coop or run which is maintained in a state of good repair; (i) lime wash, paint and disinfect the in walls and ceilings of all buildings, structures, lofts, pens, coops and runs used for the keeping of pigeons other than outside runs enclosed solely with wire, as necessary; (j) remove and dispose of in a sanitary manner, on a regular basis, all pigeon droppings and refuse; (k) store all pigeon feed in animal-proof containers; (1) keep the pigeons enclosed at all times, except to allow one daily flight; and (m) ensure that no pigeon is fed when outside of its enclosure. 14. No person shall keep or permit to be kept pigeons in an enclosure that does not provide adequate space or lighting or ventilation for the number of pigeons kept within. i 09 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 5 Animals running at large 15. No owner of an animal shall allow the animal to run at large within the limits of the City. 16. Any person may take possession of any animal found running at large and shall forthwith deliver the animal to an Animal Services Officer. Control of animals 17. An Animal Services Officer may seize and impound any animal: I (a) found running at large; or (b) delivered to the City by a person finding the animal running at large. 18. An Animal Services Officer shall restore possession of the animal to a person claiming it only where: (a) the Owner claims possession of the animal; and (b) the Owner pays to the City an impound fee as identified in Schedule 1 of this by-law; and (c) the person' demonstrates that the place at which they intend to keep the animal is not within an area of the City where the keeping of such an animal is prohibited by this By-law; and (d) the owner' pays to the City any cost of veterinary care received by the animal after being taken into possession that the Animal Services Officer deemed necessary for the well being of the animal; and (e) the owner pays to the City any cost(s) incurred by the City for the housing, care and well being of the animal. 19. Where on the sixth day, exclusive of Sundays and statutory holidays, after the date of impoundment, possession of the animal has not been restored to the Owner, the City may: (a) Sell or make gift of the animal; or (b) Otherwise dispose of the animal, or (c) If necessary, euthanize the animal. 0 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 6 20. Where an impounded animal is injured and should be euthanized without delay for humane reasons, or for reasons of safety to person or animals, the Animal Services Supervisor or his or her designate may.euthanize the animal as soon after as he or she sees fit without permitting any person to claim possession of the animal and without offering it for sale and no damages or compensation shall be recovered or recoverable on account of the destruction of the animal. 21. Where the Animal. Services Supervisor deems it necessary to euthanize an animal pursuant to section 21 of this By-law, he or she shall first make every reasonable in the circumstances to contact the owner. Minimum Animal Care Requirements 22. Every owner shall provide or cause an animal to be provided with adequate food, water, shelter and veterinary care as required to maintain the health and well- being of the animal. PART III - GENERAL PROHIBITIONS 23. No person shall, keep, own, harbour, or permit to be kept, owned, or harboured, in the urban area more than two (2) domestic ferrets or chinchillas in or about a dwelling unit. 24. No person shall, keep, own, harbour, or permit to be kept, owned, or harboured, in the urban area more than three (3) domestic rabbits in or about a dwelling unit. 25. No person shall, keep, own, harbour, or permit to be kept, owned, or harboured, in the urban area more than one (1) pot bellied pig in or about a dwelling unit. Feeding of Wildlife 26. No person shall feed wildlife within the City. Exceptions 27. Section 27 shall not apply when, (a) the person is feeding indigenous wild birds on their own property; and (b) the person is feeding food appropriate to the birds normal diet; and (c) the person ensures that all food and debris is contained within a bird feeder on their own property; and ~ i Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 7 (d) the person ensures that any debris or bird waste is cleaned and disposed of in a sanitary manner. PART IV - LICENSING General 28. Every person who operates or carries on any exhibit, public show, zoo, circus, carnival or other display or act of entertainment in the City using any prohibited animals, or use such animal in any film or television production must obtain a temporary licence issued by the City and pay the amount prescribed in Schedule „2„ Submission of Applications for Temporary Licence 29. All temporary licence applications shall be completed and submitted on forms provided by the City. 30. The receipt of applications shall in no way obligate the City to issue a licence to any person, partnership or corporation. 31. Every applicant shall submit to the City Clerk, (a) a copy of the current deedto the property or other written proof, satisfactory to the City Clerk, that they are the owner of the property. Or, where applicable, written permission from the owner or property manager of the property where the exhibit, public show, zoo, circus, carnival or other display or act of entertainment is to be located and operated; and (b) proof of membership in an accredited zoo association or other membership satisfactory to the City Clerk; and (c) proof of general insurance liability in the amount of not less than five million dollars ($5,000,000.00) that provides that the City shall be given at least 10 days notice in writing prior to any cancellation, expiration or variation in the amount of the policy; and (d) a written statement containing, i) a full description outlining the nature and function of the exhibit, public show, zoo, circus, carnival or other display or act of entertainment; and ii) a full description of the number and. species of animals to be kept on site; and iii) a full description outlining the steps taken to ensure the safety of the ~2 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 8 public; and iv) a full description outlining. how animal waste will be disposed of. 32. Temporary licences shall not be issued for a particular location unless, (a) the applicant has complied in all respects with any standards or regulations under the jurisdiction of the City, Pickering Fire Department, Region of Durham, the Durham Regional Police Service and any other applicable authorities, laws or regulations; (b) the animals are provided with a species-appropriate living environment; (c) the animals are used or kept in a place that has protective devices which are adequate to prevent the animals from escaping or injuring the public; (d) a site inspection has been completed by the City and the site has. been determined to be suitable. 33. The City may rescind any licence issued under this by-law at any time for non- compliance with any provision of this by-law or any other applicable laws or regulations. Exceptions 34. Section 31(b) shall not apply to when the exhibitor or owner is displaying livestock. Transfer 35. A temporary licence shall not be transferable. Restrictions 36. No person shall operate or carry on any exhibit, public show, zoo, circus, carnival or other display or act of entertainment in the City using any prohibited animals, or use such animal in any film or television productions without a licence. Inspections 37. An officer may, at any reasonable time, enter upon any land for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. 38. For the purposes of an inspection, an officer may, ~3 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 9 (a) require the production for inspection of any document or things. relevant to the inspection; (b) upon providing a receipt, inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d). alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 39. All licensees shall display at all times, in a prominent location, a copy of their temporary licence. Restrictions 40. No licensee shall fail to display a temporary licence. 41. No person shall,prevent, hinder or interfere or attempt to prevent, hinder or. interfere with an inspection undertaken by an officer. Exceptions . 42. The provisions contained in Section 9 and 10 of this by-law shall not apply to animals kept: (a) at an animal shelter operated by or on behalf of the City, the Ontario Society for the Protection of Animals, or the Humane Society. (b) at a permanent, accredited zoo; (c) by a medical or educational institution, or other accredited school where animals are being kept for research, study or teaching purposes, on premises registered as a research facility under the Animals for Research Act R.S.O. 1990 c.A.22; (d) at a facility in which animals are placed for care pursuant to the Pounds Act; (e) by a person holding a licence issued by the Government of Canada or the Province of Ontario permitting the keeping of animals, subject to the terms and conditions of the licence; or (f) by a person with the necessary approvals under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended; A Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 10 (g) at a licensed veterinary hospital or clinic; or (h) for the immediate emergency treatment to an injured, ill or abandoned animal. Offences and Penalties 43. Every person who contravenes any provisions of this By-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Provincial Offences Act, R.S.O. 1990, c. P:33, as amended. PART V_- GENERAL Short Title 1. This by-law may be referred to as the "Prohibited/Exotic Animal By-law". Repeal 2. By-law No. 1769/83 is repealed. Effective Date 3. This by-law shall come into force on the day of its passing. By-law.read a`first, second and third time and finally passed this day of February, 2011. David Ryan, Mayor Debbie Shields, City Clerk 15 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 11 SCHEDULE 1 IMPOUNDMENT FEES Impoundment of animal $40.00 Impoundment of animal after regular working hours $120.00 Daily Care Fee: Every animal that is impounded is $20/day subject to an additional charge for every day or part .of a day after the day the animal is brought into impoundment. This fee is in addition to any costs charged due to the feeding, sheltering, veterinary care, etc. while the animal is in the possession of the City. i w 16 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 12 SCHEDULE 2 TEMPORARY LICENCE FEE Temporary Licence Fee $200 per location er day 17 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 13 SCHEDULE 3- PROHIBITED ANIMALS A by-law to prohibit or regulate livestock/exotic animals. Set out in the following tables are animals organized by Class, Order and Description. Descriptions are provided for illustration purposes only and are not intended to limit the extent of classes of animals referred to. CLASS ORDER DESCRIPTION MAMMALIA All All Families of Mammals are prohibited with (MAMMALS) the exception of domestic dogs, cats, chinchillas, degus, ferrets; gerbils, guinea pigs, hedgehogs, hamsters, mice, rabbits, rats, pot bellied pig, sugar gliders and livestock; as defined and kept on property in an, agricultural zone CLASS ORDER DESCRIPTION REPTILIA Crocodilia All families including crocodiles, alligators, (REPTILES) caimans, harial, gavials Squamata All constricting snakes that reach an adult length of two (2) metres or more All venomous snakes All undomesticated snakes and/or lizards All venomous lizards All non-venomous lizards that reach an adult length of two 2 metres from snout to ti of tail Testudines All members of the Chelydridae family (snapping turtles) Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 14 CLASS ORDER DESCRIPTION AYES (BIRDS) Anseriformes: All families including Ducks, geese, swans, screamers, magpie-goose, with the exception of livestock, as defined and kept on property in an agricultural zone Charaddiformes All families including gulls, waders and auks. Galliformes All families including Pheasants, grouse, guinea fowls, turkeys, chickens, with the exception of livestock; as defined and kept on property in an agricultural zone Struthioniformes All families including Flightless ratites (ostriches, rheas, emus, kiwis), with the exception of livestock; as defined and kept on property in an agricultural zone Falconiformes All families including Hawks, eagles, falcons, osprey Stri iformes All families includin owls CLASS ORDER DESCRIPTION CHILOPODA All All venomous centipedes (CENTIPEDES) I I 19 Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 15 CLASS Order DESCRIPTION INSECTA All all venomous insects which includes but (INSECTS) is not limited to; bees, wasps, hornets, jumping ants, bullet ants, and red harvester ants with the exception of livestock; as defined and kept on property in an agricultural zone CLASS ORDER DESCRIPTION ARACHNIDA All all venomous spiders, and scorpions (SPIDERS) 20 TOWNSHIP OF UXBRIDGE N O O ? a w w w N m ~ O O R 10 O a N K d N O W m D J _ O_ Q ? _ H A N W O O N O F W J ~ O ~ - W W i A N O m a < < m F N W = Z 3 W W W w W O w D ~ O O I A 3 O f HW 7 ~ Y Y Z O ? Z m O O oil F < Z i W m W < XX z < Z d O O R THIRD C N y O Q o Q urban Area ; ® Rural Area SCHEDULE 4 TO BY-LAW PASSED THIS = DAY OF 2011 Iflfl~ o Information Current as of Jan. 1, 2011. I I ATTACFli'9E4` T a TO REPORT# C f-N o Brenner, Lindsey 21 From: Linda Sherwood Sent: July-17-10 9:13 PM To: Brenner, Lindsey Subject: RE: exotic pets Hi Lindsey, Thank you for forwarding this draft by-law which looks good to me. I'll look forward to it coming into effect in the fall. If there's anything I can do to help this happen I'd be pleased to assist. Linda Sherwood From: lbrenner@cityofpickering.com To: ' Date: Wea; i jul 2010 13:09:56 -0400 Subject: RE: exotic pets Hi Linda I have attached a copy of our draft by-law. Please feel free to review it and provide me with any comments you may have. I am hoping to have all comments back by July 23rd at the latest. Thanks in advance and feel free to give me a shout if needed. Lindsey Brenner Supervisor, Animal Services Clerks Office City of Pickering T. 905.420.4660 ext. 2065 Toll Free: 1.866.683.2760 F. 905.420.9685 Ibrenner(cDeity.pickering.com www.citvofpickering.com www.cityofpickering.com/animals WAPlease consider your environmental responsibility - think before you print! www.sustainablepickering.com From: Linda Sherwood [ Sent: June-09-10 10:33 AM To: Brenner, Lindsey Subject: RE: exotic pets Can anyone have a vote for this? Will the public be notified at all? Thanks again! From: lbrenner@cityofpickering.com To: Date: Wed, 9 Jun 2010 lu:u5:4u -0400 Subject: RE: exotic pets i I am hoping before the end of the year, if not sooner 22 From: Linda Sherw6od Sent: June-09-10 10:05 AM To: Brenner, Lindsey Subject: RE: exotic pets Thank you for your response. Can you tell me how long that process will take? > From= Ibrenner(a)citvofpickerin .com > To : > Date: Wed, 9 Jun 2010 09:43:26 -0400 > Subject: FW: exotic pets > Hello > At this time you are not allowed to have a sugar glider however we are in the process of changing our by-law and they may be allowed at that time. -----Original Message----- > From: Richardson, Christine On Behalf Of Clerks Web Email > Sent: June-09-10 9:39 AM > To: Brenner, Lindsey > Subject: FW: exotic pets > > > -----Original Message----- > From: Linda mailto: > Sent: June-06-10 7:06 PM > To: clerks(a)cityofpickering.com > Subject: exotic pets > Hello, > I notice that in this section of the by-laws Sugar Gliders are not > mentioned - as they are and allowed in Ajax. Will you please confirm > that they are allowed in Pickering as well? > Many thanks. > PRIVILEGE AND CONFIDENTIALITY NOTICE > > As regulated by the Personal Information Protection and Electronic Documents Act, S.C. 2000 C5, this electronic transmission, including all attachments, is directed in confidence to the person(s) to which it is addressed, or an authorized recipient, and may not otherwise be distributed, copied, printed or disclosed. If you have received this electronic transmission in error, please notify the sender immediately by return transmission and then immediately delete this transmission, including all attachments, without copying, printing, distributing or disclosing same. Thank you PRIVILEGE AND CONFIDENTIALITY NOTICE As regulated by the Personal Information Protection and Electronic Documents Act, S.C. 2000 C5, this electronic transmission, including all attachments, is directed in confidence to the person(s) to which it is addressed, or an authorized recipient, and may not otherwise be distributed, copied, printed or disclosed. If you have received this electronic transmission in error, please notify the sender immediately by return transmission and then immediately delete this transmission, including all attachments, without copying, printing, distributing or disclosing same. Thank you 2 Brenner, Lindsey 2 3 From: Sent: September-02-10 12:51 PM To: Brenner, Lindsey Subject: Re: New by-law Hi Lindsey, All in all it looks like a good by-law. You've been pretty specific on species and I like that. The only area I see that will cause some controversy is the pigeon section. You've taken it from 70 to 30. That.s a drastic drop. Most pigeon owners I know have more than 30. You're looking at a non invasive species and I find that pigeon racers are very responsible about the housing and care of their birds. Kind regards, Ron Reid Fron "Rrcnncr I inriccv" -Ikrnnnorni-iiinfnir•L[Pring.com> To: - - - - - - - - - - Cc: "McLean, Bill, Councillor" <bmclean@cityofpickering.conl>; "Shim, Marla" <mshim@cityofpickering.com>; "Hardy, Douglas" <dhardy@cityofpickering.com> Sent: Thu, September 2, 2010 11:01:23 AM Subject: RE: New by-law Hello Mr. Reid I am attaching the current draft by-law that you are speaking about. Feel free to take a look and provide any comments that you might have back to me by September 13`h. I have already received feedback from various organizations, however their comments have not been incorporated yet. If you have any questions, feel free to contact me directly. Lindsey Brenner Supervisor, Animal Services Clerks Office City of Pickering T. 905.420.4660 eat. 2065 Toll Free: 1.866.683.2760 F. 905.420.9685 lbrennerncityopickering com www. cityo fp icke:ring. com www.cityofpickering.com/animals MAPlease consider your euvironmental'responsibility think before you print! www.sustainablepickering.com 1 From: 11fardy, Douglas Sent. A M-1A To: Cc: Brenner, Lindsey; McLean, Bill, Councillor; Shim, Marla Subject: RE: New by-law Good morning Mr. Reid, 'Thank you for your email. Please be advised that by copy of this email I will :request that Lindsey Brenner, Supervisor, Animal Services, review and respond to your request below. Customer Care staff will continue to follow up to ensure your concerns are addressed. Please feel free to contact the Customer Care Centre should you have any further questions or concerns. please copy Councillor Lindsey -can you please copy me on the response so I may update the file, as well. McLean. Regards, Doug Hardy Customer Care Representative Office of the CAO T. 905.420.4660 ext. 2026 Tall Free 1.877.420.4666 F. 905.420.4610 TTY. 905.420.1739 dhardyncityofpickering con www.cityofpickering.com Please consider your environmental responsibility - think before you print': www.sustainablepickering.com From: McLean, Bill, Councillor Sent: September 2, 2010 4:13 AM To: , Cc: Customer care Subject: RE: New by-law Thanks for your thoughts Ron, I will get our customer care to get a copy of the draft by law for this. It does not to the best of my knowledge include parrots. From: Sent: September 1, 2010 3:44 PM To: McLean, Bill, Councillor; McLean, Bill, Councillor Subject: New by-law Hi Bill, I was very sorry to hear of your illness but it's good to know that you are OK and on the mend. I'm writing you today in regards to a proposed and/or change to a by-law in regards to "exotic" pet ownership. I would really 2 like to see a copy now. This is sopmething close to me as I am a parrot owner. I've seen these type of laws attempted to be instituted in Toronto and in all the frenzy about snakes, spiders and other exotic and possibly dangerous animals, parrots seem to get lumped in. 25 So if you could get me a copy by e-mail or just drop by and we can chat about it, I'd be most appreciative. Kind regards, Rnn Reid PRIVILEGE AND CONFIDENTIALITY NOTICE As regulated by the Personal Information Protection and Electronic Documents Act, S.C. 2000 C5, this electronic transmission, including all attachments, is directed in confidence to the person(s) to which it is addressed, or an authorized recipient, and may not otherwise be distributed, copied, printed or disclosed. If you have received this electronic transmission in error, please notify the sender immediately by return transmission and then immediately delete this transmission, including all attachments, without copying, printing, distributing or disclosing same. Thank you 3 26 Brenner, Lindsey From: David Desoer Sent: July-10-10 10:49 AM To: Brenner, Lindsey Subject: Re: Bylaw Exemption Lindsey, I have had a chance to look through your proposed bylaw and have some criticisms of it I would like to bring up. Firstly, with respect to the temporary licenses it mostly looks quite acceptable in principle but some of the provisions effectively eliminate the possibility of events being run by any but the largest institutions. The most obvious provision is the need to be CAZA or similarly certified. I believe at the moment that Indian River is the only exotics organization that is CAZA certified in the province. Other people like Ssciensational Snakes, Little Ray's, the Travelling Reptile Show etc. who do presentations throughout the province on a regular basis would not be able to provide accreditation. from any organization (well, sscisnakes has MNR permits for native species, so they might be fine). Provided the "otherwise licensed by an appropriate authority" were interpreted loosely enough, this might not prove to be a large problem. If not, however, it could be overly prohibited. To give you an example: Though it is not a regular occurrence, I am occasionally asked to do arachnid presentations. I have presented at various venues (University of Guelph, Ontario Vet College, provincial parks, festivals etc.) and will often use live specimens in my presentation. Even the native spider walks I give at Selkirk provincial park each year or for the local Girl Guides run better if I bring along a nice, friendly tarantula to act as an ambassador for the class. I am not accredited by any organization. The same would hold true for arachnocon which was held in Mississauga this year and was quite a success. The other point perhaps a small one is that the policies carried by many of the smaller but respectable organizations seems to be 2M liability. This will undoubtedly be changing, though, and you may simply be on the vanguard of increasingly large average settlements. Obviously I can't speak for all organizations on this front either, as this is not a commonly shared figure and I am going.on a bit of first-hand experience coupled with heaps of hearsay. Other than that, it looks perfectly reasonable. Permission from the venue, proper housing, proper safety procedures, compliance with fire codes these all make a lot of sense. Now, though this was not an area we had discussed in particular, I feel I should provide my input on the animal side of things. I'm just going to discuss things in an informal manner, but if you would like something more formal written up or proper references for any of the points, please let me know. Firstly, the number restrictions on mammals. I cannot comment on pot belly pigs as I have very limited experience with them. Three rabbits seems like a fairly reasonable provision assuming the goal is to keep people from starting basement rabbitries. My one concern would be with the ferrets. Ferrets are very social, curious, active animals. The require a great deal of stimulation throughout the day. i i 27 Particularly if nobody is home during the day, it is often wise to have at least two ferrets to keep each other entertained. This helps fend of boredom and keeps them in good shape. That being said, one store where I have worked has an owner who is ferret crazy and thus has an emphasis on the proper care of ferrets. It has been our experience that three ferrets is an almost perfect number. It seems to guarantee that if one wants to sleep and one wants to play, the third is almost always up for the playing. As a result of the enthusiasm of the owner and the fact that they have healthy, active, socialized ferrets there is a decent community of ferret fans in the area. A good chunk of them have also discovered that having three ferrets works out really well. Some have more, of course, but many have three. I think that limiting numbers to two rather than three may be a disservice to the ferrets people keep. I would therefore recommend raising the limit to three. There is a ferret organization that has showed up at the Mississauga Reptile Expos the last few iterations. If you were looking for further ferret input, they may be a direction to look. I am by no means experienced with the animals and have never kept them at home myself. Moving onto something I do have more experience with: reptiles. The prohibition on crocodiles is bang on! Bravo! Institutions properly set up to take care of crocodilians are few and far between. Private individuals are a very, very rare breed. Yes, Paleosuchus generally stay under 6 feet but I've played with a four footer and it is not to be recommended. I generally oppose prohibitions of any sort and would love to see language in the bylaw allowing people to make individual petitions to be allowed to keep prohibited animals if they can demonstrate that they are able and willing to provide adequate facilities and have the expertise to deal with the creatures but if I were writing the law then crocodiles would be tops on my list for restriction. Similarly, I fully understand the restriction on snapping turtles. You aren't allowed to keep commons anyhow without MNR, permits and alligator snappers are large, dangerous animals. Once again, I would love to see it be made possible for individuals to petition for exemption but this is an aside. Things aren't quite so good in the squamata section, though. I have no problems with the venom prohibition, provided it is enforced reasonably (Western Hognose are technically venomous, but are not considered a danger to people and are a commonly kept pet snake). Most jurisdictions seem to be fairly good with this, though, so I'm not overly concerned. Some might tell you that there are other rear-fanged snakes like false water cobras that should be exempt but the actual danger presented by many of the rear-fanged colubrids is. underestimated. The two meter restriction on lizards seems a reasonable one. It allows all the popular pet species (bearded dragons, water dragons, basilisks, smaller monitors etc.) but prohibits the larger monitor lizards. The one meter limit on snakes, however, prohibits a very large number of commonly kept and completely harmless species. Ball pythons and corn snakes are the most commonly kept pet snakes. They are loved for their calm dispositions and the variety of morphs they come in due to selective breeding. If you go on any online forum, into any pet store etc. and ask about getting your first snake, you are likely to be pushed towards a ball python or a corn snake. Both are constrictors in that they hunt by constricting their prey. Ball pythons regularly exceed one meter. A corn snake that doesn't exceed a meter is either a genetic freak or has been grossly mistreated. Even at two meters you have a variety of rat snakes, bull snakes, small pythons etc. that pose no threat to people or even their cats and dogs (excepting, perhaps,. teacup chihuahuas and the likes dogs smaller than rats). In looking at things from a public safety standpoint, it seems wrong to ban snakes that are capable only of a minor bite (much less severe than, for example, a cat even discounting the stunning frequency of post-bite infection from feline bites). Many commonly kept snakes at 6' can't even make your fingers tingle if they constrict your wrist. 2 This is~not to say that there aren't dangerous snakes. Boa constrictors are at the upper limit of what one person can safely handle. I believe it is for this reason that many municipalities have adopted a 3m/2m rule. 3m for snakes. 2m for lizards. Off the top of my head, I can't think of a species that is heavy enough in body at 8' that it can cause serious damage but doesn't grow up to violate a 3m rule. That effectively eliminates the big ones (burmese, rock, reticulated and scrub pythons, anacondas, boa constrictors, larger carpet pythons etc.). In truth, regulating by weight would probably be a more logical choice but it obviously isn't as easy in terms of enforcement at a glance and leaves some room for honest error and misinterpretation. If you wanted to eliminate all the heavy- bodied snakes at a lower limit, you could use something like "any Boidae or Pythonidae that exceeds 2m at adult size." which would eliminate those on the border of being dangerous to, say, an unattended newborn without banning something like my yellow rat snake which is over 7' long but not much thicker than a toonie in his belly. I recognize that you may have been limiting to Pythonidae and Boidae through your use of the term "constrictors," but in fact this method if hunting is not at all limited to these families. I am a little unclear as to the purpose of the prohibition on squamata from non-domestic sources. I see in the definitions that domestic is expanded to include those animals from captive'stock. Is the idea simply to prohibit the keeping of wild caught animals? With respect to the amphibians, I suspect there maybe some issues with the language. Do you exclude all toads on the basis that they have parotoid glands even though the venom from many is completely harmless and we have two native species in the wild in this province? Likewise, do you ban poision dart frogs which do not sequester the necessary dietary compounds in captivity to produce their toxic secretions? The argument could be made that many amphibians produce compounds which are technically toxic but these are mainstays of the amphibian keeping hobby and don't result in poisonings despite being kept by numerous keepers including children for decades. There are a handful of species for which the argument for prohibition might be made. Cane/marine toads produce a fairly strong bufotoxin. They are extremely hesitant to expel it and I have dealt with many including one we kept in captivity for approximately a decade without ever having one attempt to secret its poison. That being said, since the poison is quite powerful, I can understand the desire to ban them. I think a better way of determining what is "poisonous" might be useful. "All venomous centipedes" is a redundancy, as all centipedes are venomous. Likewise, all venomous scorpions and spiders is almost a redundancy. There is one family of spiders which does not contain venom. It is a family of very small species that tend to make very interesting webbing and there are representatives that can be found in Ontario. That being said, with this one small exception, all scorpions and all spiders have venom. That being said, out of over 1400 species and subspecies of scorpion, only 25-50 (depending on who you ask) are considered medically significant. Many possess venom with effects well below what many of our house spiders can deliver. If you want to eliminate all of the specimens considered medically significant, you need only eliminate the family Buthidae as well as those of the genus Hemiscorpius. To be fair, there are many Buthids that do not have a particularly bad sting but those most commonly kept from this family are among the worst out there and do pose a threat to the lives of infants. The same general principal could be'applied to spiders. There are no recorded fatalities from any tarantula and those producing more severe effects are few and far between. Ottawa has provided a 3 29 list of allowed species which is a step in the right direction but ultimately limiting to the hobbyist (given there are only three genera listed, I believe). I would like to see a prohibition more targeted towards the truly dangerous spiders. Latrodectus, Phoneutria, Loxosceles, Sicariidae there may be more and I could compile a more exhaustive list if this was a direction you wanted to go. These are not often kept by hobbyists the exception being Latrodectus which is fairly abundant due to its habit of migrating up here with our produce, being found by someone and then being passed off to their "spider keeping friend." There is a native species but it is rarely found and even more rarely kept. I can't really comment on birds. As I said, this is very much just off the top of my head. I can obviously provide more detail on any points if necessary and can provide references for some of the more contentious points if required. I hope I did not sound overly critical. I do applaud any attempt to review existing bylaws and to seek input on the process. Cheers, Dave On Wed, Jul 7, 2010 at 1:12 PM, Brenner, Lindsey <Ibrenner@cityofpickering.com> wrote: > Hi Dave > You had contacted me at the start of the year regarding bringing.exotic/prohibited species into Pickering for an event. > I have attached a copy of our draft by-law. Please feel free to review it and provide me with any comments you may have. > I am hoping to have all comments back by July 23rd at the latest. > I > Thanks in advance and feel free to give me a shout if needed. > Lindsey Brenner > Supervisor, Animal Services > Clerks Office > City of Pickering > T. 905.420.4660 ext. 2065- • Toll Free: 1.866.683.2760 > F. 905.420.9685 > Ibrenner@city.pickering.com > www.cityofpickering.com > www.cityofpickering.com/animals > Please consider your environmental responsibility - think before you > print! www.sustainablepickering.com > > -----Original Message----- > From: David Desoer 4 > Sen~ 9anuary-25-10 12:15 PM > To: Animal Services Web Email > Subject: Re: Bylaw Exemption > Excellent. I -am looking towards late summer this year or next for my > event. 'May work out well. If you need any input regarding exotics > feel free to ask. I'm always willing to put in my two cents. > Cheers, > Dave > On Mon, Jan 25, 2010 at 12:05 PM, Animal Services Web Email > <IMCEAEX-_O=TOP_OU=MAIL_CN=RECIPIENTS_CN=ANIMALSERVICES@cityofpickerin > g.com> > wrote: I am. hoping to have it go to council within the next few months. It should be ready for public input by the end of next month -----Original Message----- From: David Desoer [mailto:-__ Sent: Monday, January 25, 2010 12:00 PM To: Animal Services Web Email Subject: Re: Bylaw Exemption Thank you for your prompt reply. Do you have an anticipated timeline on the changes to the bylaws? Cheers, Dave On Mon, Jan 25, 2010 at 11:53 AM, Animal Services Web Email <IMCEAEX-_O=TOP_OU=MAIL_CN=RECIPIENTS_CN=ANIMALSERVICES@cityofpickeri ng.com> >>wrote: Hi David Thanks for the email. At this time our by-law does not allow for exceptions. With that being said, we are in the process of redoing our by-law and are planning on including a section to licence/permit various types of events. I cannot tell you at this time if your event would be allowed but it is a possibility. I will ensure that I include you in the mailings once we have the proposed by-law ready Lindsey Brenner Supervisor, Animal Services Clerks Division 5 City of Pickering T. 905.420.4660 ext. 2065 31 Toll Free: 1.866.683.2760 F. 905.420.9685 Ibrenner@city.pickering.com www.cityofpickering.com www.cityofpickering.com/animals Please consider your environmental responsibility - think before you print! www.sustainablepickering.com -----Original Message From: David Desoer [mailto:u,,-- Sent: Monday, January 25, 2010 11:22 AM To: animalservices@cityofpickering.com Subject: Bylaw Exemption Hello, Several years ago, I organized a small lecture series at the University of Guelph for amateur arachnologists and arachnoculturalists. It went over well. I have recently floated the idea of a somewhat bigger event and it seems to have been well received. Many people from across Canada and the US have expressed an interest in attending. I was hoping to hold it in the vicinity of the Metro Toronto Zoo since I can include a trip to the zoo as part of the event. I was hoping to model the event after the Arachnocon events that took place in 2006 and 2007 in San Antonio. Although I did not make the second, I was a guest speaker at the first and thought it went rather well. The event consisted. of a social, a lecture series and a show where people could buy and sell arachnids, enclosures, books etc. Unfortunately, both Pickering and Toronto bylaws prohibit the keeping of these animals so such a show would not be viable without >>>a bylaw exemption. I already approached the Toronto Animal. Services and they do not even seem willing to discuss the possibility. I do know that Mississauga has granted exemptions for the shows hosted by Grant Crossman (www.reptileexpo.ca) and was hoping that maybe Pickering might be willing to do something similar especially for an event focused on education rather than the commercial trade. Please let me know what may be possible with respect to an exemption or some sort of agreement to allow the even to go forward. I thank you for taking the time to read this. Sincerely, David Desoer PRIVILEGE AND CONFIDENTIALITY NOTICE 6 1 32 Brenner, Lindsey From: Ron Sent: July-07-10 4:36 PM To: Brenner, Lindsey Subject: RE: DRAFT-prohibited species by-law Attachments: KEEPING OF PIGEONS IN AJAX ONTARIO.doc; MODEL BYLAW.doc Hi Lindsey Thanks for the copy of the by-law for'the City of Pickering. Last year I was involved with updating the animal by-law for the town of Ajax. I do believe that the part of the by-law concerning pigeons was the very same as the one you sent me from Pickering. I have attached a copy of the Ajax by-law that is now in place for your use. If you have any questions or concerns please feel free to e-mail or phone me. I have also attached a copy of a model by-law for you to view that was adopted by the Canadian Racing Pigeon Union. Kind Regards Ron Hastie CRPU By-law Chairperson From: Brenner, Lindsey [ma i Ito: I brenner@cityofpickeri ng.com] Sent: Wednesdav. ]ulv m 2010 4:07 PM To: ' ' Subject: DRAFT-prohibited species by-law Hi Ron Further to the brief conversation that we had, I have attached our draft by-law for your review and comments. am hoping to have all comments back by July 23rd at the latest. Thanks in advance Lindsey Brenner Supervisor, Animal Services Clerks Office City of Pickering T. 905.420.4660 ext. 2065 Toll Free: 1.866.683.2760 F. 905.420.9685 Ibrenner(d-)city.Pickering. com www.citvofpickering.com www.cityofpickering.com/animals' V Please consider your environmental responsibility - think before you print! www.sustainablepickering.com 1 Report To Executive Committee I KERI Report Number: CAO 05-11 Date: February 14, 2011 33 From: Debbie Shields City Clerk Subject: Ministry of the Attorney General Opt-In Agreement File: A2200-001-11 Recommendation: 1. That Report CAO 05-11 regarding the execution of a revised Opt-In Agreement, included as Attachment 1, for the collection of parking fines be received for information; and 2. That the Mayor and Clerk be authorized to execute the attached Opt-In Agreement between the Ministry of the Attorney General and the City of Pickering to replace the existing Opt-In Agreement. Executive Summary: The City of Pickering entered into an Opt-In Agreement with the Ministry of the Attorney General in 1999, which permitted the collection and retention of all City of Pickering parking fines. Based on an amendment to the Provincial Offences Act, a new agreement has been prepared continuing with the previous arrangement, while clarifying minor operational and legal developments in parking .fine enforcement. Financial Implications: The City's ability to collect and retain all parking fines will remain the same. Sustainability Implications: There are no sustainability implications. Background: The City of Pickering was previously designated under s.13 of the Provincial Offences Act (POA) Regulation 949 as authorized to collect and retain parking fines. The Ministry of the Attorney General has, until now, asked municipalities to obtain this designation in order to collect their own parking fines. Municipalities were also asked to enter into agreements with the Ministry governing this arrangement. Effective December 15, 2010, the POA was amended to eliminate the regulatory designations. As agreements are still required, an updated agreement has been Report CAO 05-11 February 12, 2011 Subject: Ministry of the Attorney General 34 Opt-In Agreement Page 2 provided to reflect the recent operational and legal developments in parking fine enforcement that have occurred since the original agreement was made. The three key changes in the new agreement are as follows: 1. The new agreement better reflects the City's role as an opted-in municipality in enforcing local justice matters by incorporating relevant provisions of the Provincial Offences Act Transfer Agreement memorandum of understanding (MOU) between the Ministry and the Regional Municipality of Durham, including the principles of transfer enumerated in Article 2. A copy of this MOU is available from the clerk of the Regional Municipality of Durham. 2. Paragraph 13.3 of the new agreement requires that the City send the Ministry renewal and replacement certificates of insurance as may be necessary. 3. Paragraph 14 would prevent the Ministry from terminating the opt-in relationship due to a breach of the contract unless it has first informed the City of its concerns and given a reasonable amount of time to address them. The agreement has been reviewed by Paul Bigioni, the City's legal counsel, with minor changes made and included into the agreement. The Ministry of the Attorney General has requested that two copies of the attached agreement be executed and returned with a certified copy of the authorizing Council Resolution. Attachment: 1. Opt-In Agreement between City of Pickering and Ministry of the Attorney General Prepared By: Approved/Endorsed By: Kimberly Thompson, CMM I, CPSO Debbie Shields Manager, By-law Enforcement Services City Clerk Copy: Chief Administrative Officer I CORP0227-07/01 revised 3 6 ATTi0.CHMENT# TC REPORT#k CP~ 0 0 5- t 1 OPT-IN AGREEMENT THIS AGREEMENT made as of the date the Agreement is signed by both of the parties. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Ministry of the Attorney General (the "Ministry") OF THE FIRST PART - and - City of Pickering (the "Municipality") OF THE SECOND PART 37 1.0 Definitions .............................................................................................................2 2.0 Term ......................................................................................................................3 3.0 Services ................................................................................................................3 4.0 Municipal Service Responsibilities ........................................................................4 5.0 Ministry Service Responsibilities ...........................................................................4 6.0 Reports .................................................................................................................4 7.0 Records and Audit .................................................................................................5 8.0 Confidentiality ........................................................................................................5 9.0 Non-Assignment ....................................................................................................6 10.0 Non-Agency ..........................................................................................................6 11.0 Indemnity ..............................................................................................................6 12.0 Liability .....................................................................................:............................6 13.0 Insurance ..............................................................................................................6 14.0 Termination With or Without Cause ......................................................................7 15.0 Notice and Communication ...................................................................................8 16..0 Waiver ...................................................................................................................9 17.0 Appendices ........................................10 18.0 Entire Agreement ................................................................................................10 19.0 Survival ...............................................................................................................10 20.0 Remedies ............................................................................................................11 APPENDIX "A": Electronic Format for Plate Denial Requests APPENDIX "B": Reports 1 38 WHEREAS the Municipality wishes to collect and enforce its own parking fines; AND WHEREAS the Ministry, through the Defaulted Fines Control Centre, has sole authority to direct Plate Denials where a fine is in default; THEREFORE, IN CONSIDERATION of this Agreement's mutual provisions, the parties agree as follows: 1.0 DEFINITIONS 1.1 Definitions. In the Agreement the following words shall have the following meanings: "Agreement" means this agreement entered into between the Ministry and the Municipality, all appendices to this agreement and any instrument amending this agreement. "Applicable Law" includes the Auditor General Act, the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act, the Provincial Offences Act and its regulations and any other statute, regulation, common law rule, order, judgment, or requirement having the force of law and applicable to the Agreement. "Business Day" means any working day, Monday to Friday inclusive, but excluding the holidays described in section 88 of the Legislation Act. "Court" means the court in the Regional Municipality of Durham Court Service Area. "MTO" means the Ministry of Transportation. "Municipal Partner" means the Regional Municipality of Durham. "Plate Denial" means refusal by the Registrar of Motor Vehicles to validate or issue a vehicle permit to an individual who has defaulted on a fine for a parking infraction. "Plate Denial Request" means a request for Plate Denial transmitted electronically in the form contained in Appendix "A". 2 3Q "Policies" includes, but is not limited to: (a) all policies, procedures, standards, rules, guidelines and directives that apply to the collection and enforcement of parking fines, as issued by the Ministry any time after the Agreement and as amended from time to time; (b) the Ministry's Provincial Offences Act Write-Off Directive and Operating Guidelines and any other policies, procedures, standards, rules, guidelines and directives issued by the Ministry before the Agreement that the Ministry provides to the Municipality; and (c) any provisions of the MOU between the Ministry and the Municipal Partner, including any of the principles of transfer enumerated in Article 2, that are relevant to the Agreement and that are not expressly governed by an Article of the Agreement. "Reports" means the reports described in Appendix "B". 1.2 Number and headings. In the Agreement, words in the singular include the plural, and vice-versa. The headings in the Agreement are for convenience of reference only and do not form part of the Agreement and in no manner modify, interpret or construe the Agreement. 1.3 References to Applicable Law. All references to Applicable Law are ambulatory and apply as amended from time to time. 2.0 TERM 2.1 The Agreement Commences. The term of this Agreement shall commence on the date that this agreement is signed by both of the parties. 2.2 Duration. The Agreement shall continue as an agreement of indefinite duration until terminated in accordance with paragraph 14. 3.0 SERVICES 3.1 Fine enforcement. The Ministry and the Municipality mutually undertake, on and subject to the terms set out in the Agreement, to collect and enforce fines for parking infractions by facilitating Plate Denials. 3 40 4.0 MUNICIPAL SERVICE RESPONSIBILITIES 4.1 The Municipality shall: (a) comply with Applicable Law and Policies; (b) remit to the Municipal Partner the amount of court costs remaining after deducting the allowances owing to the Municipality under RRO 1990, Regulation 949. (c) on the written direction of the Ministry, electronically provide such data as the Ministry may reasonably require from time to time, including the Reports; and (d) cause its staff to participate in any training that the Ministry considers appropriate for the purposes of the Agreement. 5.0 MINISTRY SERVICE RESPONSIBILITIES 5.1 The Ministry shall: (a) accept and review the Municipality's Plate Denial Requests; (b) where the Ministry, in its sole discretion, deems it appropriate, forward the Municipality's Plate Denial Requests to MTO; (c) by the twentieth Business Day of the month following the month in which the Ministry receives from MTO monies collected through Plate Denial, remit to the Municipality, (i) the fine amount collected; and (ii) the court costs amount. 6.0 REPORTS 6.1 Reports. The Municipality shall submit to the Ministry the Reports and such other reports and documentation related to the Agreement as the Ministry may request from time to time. 6.2 Preparation and Submission of Reports. The Municipality shall ensure that, (a) All Reports or other requests for documentation are completed to the satisfaction of the Ministry using any forms that may be specified by the Ministry from time to time; and 4 41 (b) the Reports are received by the Ministry on the dates set out in Appendix "B" and at the address provided for the Ministry in paragraph 15.3. 7.0 RECORDS AND AUDIT 7.1 Records. The Municipality shall, during the term of the Agreement and for a period of one year after the date the Agreement is terminated, (a) keep and maintain all financial records, invoices and other financially- related documents relating to the Agreement in a manner consistent with generally accepted accounting principles and clerical practices; (b) keep and maintain all non-financial records relating to the Agreement; (c) permit the Ministry, its agents or the Provincial auditor, upon 48 hours' notice and during the Municipality's normal business hours, to examine, copy or conduct a full or partial audit of accounts, data, books and records related to its performance under the Agreement. 7.2 No control of records. No right conferred upon the Ministry under this Agreement shall be construed so as to give the Ministry any control over the Municipality's records. 8.0 CONFIDENTIALITY 8.1 Confidentiality and disclosure obligations. Each party shall: (a) comply with all Applicable Law; (b) subject to such disclosure as is required by the Agreement and Applicable Law, use its best efforts to: (i) keep secure all records and other documents pertaining to a defendant; (ii) ensure the security and integrity of all records pertaining to the defendant and keep it in a physically secure and separate location, safe from loss, alteration, destruction or intermingling with other records and databases and implement, use and maintain the most appropriate products, tools, measures and procedures to do so; (iii) implement all other specific security measures that in the reasonable opinion of the Ministry are necessary or advisable to improve the adequacy and effectiveness of security and the integrity and records generally. 5 I~ 42 8.2 Contractual information may be disclosed. The parties acknowledge that certain contractual information is liable to be disclosed to the Legislative Assembly or to the Council of the Municipality, or both, and accordingly may become part of the public record. 9.0 NON-ASSIGNMENT 9.1 No Assignment. The Municipality shall not, without the prior express written consent of the Ministry, assign the Agreement or sub-contract any of its obligations under the Agreement. Any assignment is on condition that the assignee undertakes all the Municipality's obligations to the Ministry under the Agreement, and the Municipality shall not be released of its obligations to the Ministry by reason of the assignment. 10.0 NON-AGENCY 10.1 Municipality not Ministry agent. The Municipality, its council members, officers, employees, agents, contractors and volunteers are not, and shall not be deemed to be, officers, employees, agents, partners or joint venturers of or with the Ministry. 11.0 INDEMNITY 11.1 Indemnification. The Municipality shall at all times defend, indemnify and save harmless the Ministry, its officers, employees and agents from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to anything done or omitted to be done by the Municipality, its council members, officers, employees, agents, contractors or volunteers in connection with the Agreement or in collecting fines for parking offences. 12.0 LIABILITY 12.1 Limitation of liability. The Ministry shall not be liable either for any injury or damage (including death) to the Municipality or to the person of its council members, officers, employees, agents, contractors or volunteers or for the loss of or damage to the property of the Municipality, its council members, officers, employees, agents, contractors or volunteers in any manner based upon, occasioned by, or in any way attributable to the Municipality's services under the Agreement. 6 43 13.0 INSURANCE 13.1 Insurance. During the term of the Agreement, the Municipality shall maintain continuously, at its own expense, with insurers acceptable to the Ministry to an inclusive limit of not less than 1 million dollars per occurrence, comprehensive general liability insurance, including coverage for third party bodily injury, personal injury, death and property damage, including loss of use thereof. 13.2 Policy shall contain. The insurance policy referred to in paragraph 13.1 of the Agreement shall include at least the following terms: (a) Her Majesty the Queen in right of Ontario as represented by the Ministry as an additional insured; (b) a clause including liability arising out of contract or agreement. (c) a cross-liability insurance clause endorsement acceptable to the Ministry; (d) a requirement that the insurer give the Ministry 30 Business Days' prior written notice, in the manner set forth in the policy conditions, if a policy is to expire, be changed or be cancelled. 13.3 Certificates of Insurance. The Municipality shall provide the Ministry with proof of the insurance required by the Agreement in the form of a valid certificate of insurance that references the Agreement and confirms the required coverage, on or before the commencement of the Agreement. The Municipality shall provide the Ministry with renewal and replacement certificates as may be necessary. 14.0 TERMINATION WITH OR WITHOUT CAUSE 14.1 Termination without cause. Either party may terminate the Agreement without cause by giving 180 calendar days' written notice to the other party. 14.2 Opportunity to remedy breach. Where the Municipality breaches any of paragraphs 4.0 (Municipal Service Responsibilities), 6.0 (Reports), 7.0 (Records and Audit), 8.0 (Confidentiality), 9.0 (Non-Assignment), 11.0 (Indemnity) or 13.0 (Insurance) of the Agreement, the Ministry may deliver a written notice to the Municipality, setting out the particulars of the breach, and demanding that the Municipality rectify or remedy that breach within a period not to be less than 30 Business Days. 14.3 Failure to remedy breach. Where the Municipality fails to rectify or remedy the breach within the time specified in the notice, the Ministry may terminate the Agreement, (a) immediately, without further warning to the Municipality, or 7 44 (b) upon the expiration of such further period as the Ministry may specify in writing, by giving written notice to that effect. 14.4 Effective date. The effective date of any termination shall be the last calendar day of the notice period. 14.5 Obligations on termination without cause. If the Agreement is terminated by either party, the Ministry shall pay to the Municipality any amount due to the Municipality under the Agreement at the date of termination. 14.6 Rights and obligations on Termination for breach. If the Agreement is terminated pursuant to paragraph 14.3, the Ministry shall recover from the Municipality any damages, costs and expenses incurred by the Ministry as a result of such termination, and the Ministry may set them off against any amount payable by the Ministry to the Municipality under paragraph 14.5 15.0 NOTICE AND COMMUNICATION 15.1 Form. Any written notice or communication shall be: (a) delivered personally or by pre-paid courier, or sent by facsimile, electronic mail, certified or registered mail or postage pre-paid first class mail; and (b) addressed to the other party, as provided in paragraphs 15.3 and 15.4. 15.2 Notices Effective From. All written notices shall be effective: (a) on the date the delivery is made, if the Notice is delivered personally or by pre-paid courier; (b) on the date the transmission is sent, if the Notice is sent by facsimile or electronic mail before 4:30 PM on a Business Day; (c) on the next Business Day after the date the transmission is sent, if the Notice is sent by facsimile or electronic mail after 4:30 PM or on a day that is not a Business Day; (d) the fifth Business Day after the day the Notice was deposited in the mail if the Notice is sent by certified, registered or postage prepaid mail. 8 45 15.3 Contact - General. Except for communication regarding audits, all communication between the parties under the Agreement shall be conducted through the following people: To the Ministry: To the Municipality: Court Services Division The City of Pickering Ministry of the Attorney General Pickering Civic Complex 720 Bay St., 2nd floor One the Esplanade Toronto ON M7A 2S9 Pickering, ON L1V 6K7 Attention: Jeremy Griggs, Senior Attention: Kimberly Thompson, Manager Manager, By-law Enforcement Provincial Offences Act Unit Services, Clerk's Office E-mail: Jeremy.Griggs@ontario.ca E-mail: Fax: (416)-326-2592 kthompson@cityofpickering.com Telephone: (416)-212-4546 Fax: (905)-420-9685 Telephone: (905)-420-4611 15.4 Contacts - Audit. All communication between the parties regarding audits under the Agreement shall be conducted through the following people: To the Ministry: To the Municipality: The City of Pickering Court Services Division Pickering Civic Complex Ministry of the Attorney General One the Esplanade 720 Bay St., 2nd floor Pickering, ON L1V 6K7 Toronto ON M7A 2S9 Attention: Kimberly Thompson, Attention: Nick Perera, Manager, Manager, By-law Enforcement Business Planning & Support Section Services, Clerk's Office E-mail: Nick.Perera@ontario.ca E-mail: Fax: (416) 326-4666 kthompson@cityofpickering.com Telephone: (416) 326-5351 Fax: (905)-420-9685 Telephone: (905)-420-4611 15.5 Change of Contact. Either party may at any time designate personnel different from those indicated above by giving the other party written notice. 16.0 WAIVER 16.1 Form of waiver. Any provision of the Agreement may be waived in whole or in part by a party without prejudice to that party's rights in the event of a breach of any other provision of the Agreement. A waiver shall be binding on the waiving party only if it is in writing and signed by that party. The waiver of any breach of 9 4.6 any provision of the Agreement shall not be taken or held to be a waiver of any further breach of the same provision or any breach, of any other provision. 17.0 APPENDICES 17.1 Appendices. The following are the appendices attached to and forming part of the Agreement: (a) Appendix "A" (Electronic Format for Plate Denial Requests); and (b) Appendix "B" (Reports). 18.0 ENTIRE AGREEMENT 18.1 Entire Agreement. The Agreement constitutes the whole agreement between the parties with respect to the matters dealt with in it, and it rescinds any prior oral or written representations and agreements. 18.2 Modification. Except as described in paragraph 18.3, the Agreement may only be modified by a written agreement duly executed by the Parties. 18.3 Ministry may amend Appendices. The Ministry may, upon giving 30 Business Days' notice to the Municipality, in its sole discretion, amend Appendix "A" or Appendix "B". The amended Appendix shall be deemed to replace the previous Appendix and to be attached to and form part of the Agreement. 18.4 Notice must include. The notice referred to in paragraph 18.3 shall include a copy of the amended Appendix "A" or Appendix "B". 19.0 SURVIVAL 19.1 Survival. The following paragraphs shall survive the termination of the Agreement and any supporting or cross referenced provisions shall continue in full force and effect for a period of one year: 7.0 (Records and Audit), 8.0 (Confidentiality), 11.0 (Indemnity), 12.0 (Liability), 15.0 (Notice and Communication), and 20.0 (Remedies). 10 47 20.0 REMEDIES 20.1 Rights and Remedies Cumulative. The rights and remedies of the parties under the Agreement are cumulative and in addition to, and not in substitution for, any rights and remedies provided by law, equity, and legislation. THE UNDERSIGNED parties have made the Agreement as of the last date written below. Corporation of the City of Pickering Witness Per: Dave Ryan Date Mayor Witness Per: Debbie Shields Date City Clerk HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Attorney General Witness Per: Jeremy Griggs Date Senior Manager, POA Unit Criminal/POA Policy and Programs Branch Court Services Division 11 48 APPENDIX A: ELECTRONIC FORMAT FOR PLATE DENIAL REQUESTS Plate Denial Load Summary POA Part II (parking offences) plate denials are submitted by opted-in municipalities to the Ministry of Attorney General, DFCC (Defaulted Fines Control Centre). This specification outlines the layout of the input file and the format of the required fields on that file. File Layout Detail Record Layout - Plate Denial Load ID Field Name Type Field Description Comments D-01 Tran Identifier C 04 Identifies the transaction Value is "PD30" or "PD31" D-02 Administering N 04 Identifies the 4-digit court To be provided by the local Court. Court Office ID that is administering the This field is part of the ICON case Number case number. Mandatory, must be in ICON ICCRTOFC/ICCRTADR table. D-03 Sequence no N 04 Sequence number Always "9999" D-04 Batch date N 06 Batch number Format is YYMMDD D-05 Batch sequence N 05 Batch sequence number Always "09999" number 49 Detail Record Layout - Plate Denial Load ID 7Field Name Type Field Description Comments D-06 Case C 03 3 digit ICON code To be provided by the local Court Jurisdiction indicating jurisdiction This field is a component of the ICON ID. Mandatory, must be in ICON ICJURICD D-07 Case Filing C 02 Identifies the 2-digit year This field is a component of the ICON Year (YY) of when the Case is filed ID. D-08 Young Offender C 01 A value of "Y" indicates This field contains the first digit of the Indicator that offender is classified Ticket/Case number. as a Young Offender. Any This field is a component of the ICON other value indicates that ID. offender is classified as an adult. D-09 Ticket / Case C 07 Identifies the rest of Case For ticketed offences, the ticket number number ticket number would be the same as the ICON case number. This field is a component of the ICON ID. D-10 Case suffix C 03 Indicates co-accused Always "001" D-11 Driver, licence C 15 Driver licence number Optional D-12 Plate no C 10 Vehicle Plate number Mandatory D-13 Convicting N 04 Identifies the 47digit court To be provided by the local Court. Court Office ID that is administering the Mandatory, must be in ICON Number case ICCRTOFC/ICCRTADR table. D-14 Surname of C 35 Surname of the offender Mandatory, must be entered, no Accused leading spaces permitted D-15 First Name of C 12 First name of the offender Mandatory, must be,enter, unless Accused Gender Code is "C" (Company) or "U" (Unknown) D-16 Middle Initials of C 02 Middle initials of the Optional, must not be entered for a Accused offender company D-17 Address of C 25 Street address, consisting Mandatory Accused of street number, street Enter "AU" if unknown or "NFA' if no name, and apartment fixed address number, of the offender. 2 I 50 Detail Record Layout - Plate Denial Load ID Field Name Type Field Description Comments D-18 City of Accused C 25 City of the offender's Mandatory, can be blank only if Address address address is unknown or no fixed address D-19 Province of C 25 Province of the offender's Province required when Driver Licence Accused address or Vehicle Plate entered Address D-20 Postal Code of C 10 Postal code of the Optional Accused offender's address Address D-21 Accused Col Identifies the gender of the "M" - Male, "F" -Female, "C" - Gender Code accused. Company, "U" - Unknown D-22 Offence code C 09 Offence code Always "BLP" D-23 Offence Date N 06 Identifies the date of the Mandatory, must be entered offence in YYMMDD format. D-24 Birth Date of N 06 Identifies the birth date of Optional, can be spaces or zeroes, not Accused the accused in YYMMDD permitted for company format. D-25 Conviction date N 06 Format is YYMMDD D-26 Authorization N 06 Format is YYMMDD date D-27 Outstanding R 7,2 Identifies the amount of Fine Amount the fine that is outstanding in CDN$. D-28 Outstanding R 7,2 Identifies the amount of Cost Amount the cost that is outstanding in CDN$. D-29 Outstanding R 7,2 Identifies the amount of Always zeroes Fee Amount the fee that is outstanding in CDN$. D-30 Total amount R 7,2 Identifies the amount of Fine + Cost + Fees the total that is outstanding in CDN$. D-31 Disbursement id C 04 To be provided by the court D-32 Filler (Define in C 06 Blank space Default to spaces File Format Layout) 3 I 51 Trailer Record Layout - Plate Denial Load ID Field Name Type Field Description Comments TD-01 Tran Identifier C 04 Identifies the transaction Value is "PD98" or "PD99" TD-02 Tran court C 04 Transaction court office Always "9999" office TD-03 Sequence no N 04 Sequence number Always blank TD-04 Batch date N 06 Batch date Format is YYMMDD TD-05 Batch N 05 Batch sequence number Always "09999" sequence no TD-06 Filler C 37 Filler Always blank TD-07 Number of N 07 Total Number of transaction transactions TD-08 Tot fine R 7;2 Total fine amount amount TD-09 Tot cost R 7,2 Total cost amount amount TD-10 Fee amount R 7,2 Fee amount Always zeroes TD-11 Grand total R 7,2 Grand total amount Fine +Cost + Fee amount TD-12 Filler [Define C179 Blank space used or Default value to spaces. in File Format making the record Layout] confirm to a fixed length. Note: Use 50 to window means, If YY is from 50 to 99 year is 1950 to 1999 If YY is from 00 to 49 year is 2000 to 2049 4 APPENDIX B: REPORTS Name of Report Due By Annual Report For each calendar year, June 30 of the subsequent calendar year i Other Reports As required by the Ministry Report Details 1. Annual Report. The Annual Report shall set out, for the calendar year to which it relates, the: (a). number of defaulted fines for parking infractions; (b) value of all fine write-offs; (c) value of all uncollected fines; and (d) number of Plate Denials requested from DFCC. 2. Other Reports. The reports shall contain the details requested by the Ministry, and may include: (a) matters referred to the clerk of the Court for default conviction; (b) conviction information received from the clerk of the Court; (c) the number of parking fines collected over a specified period of time; or (d) the amount of money recovered for each fine, including the amount of any costs or fees. 1 i City Report To Executive Committee PICKERING Report Number: 'OES 11-11 Date: February 14, 2011 53 From: Everett Buntsma Director, Operations & Emergency Services Subject: Pottery Studio - Pickering Recreation Complex Durham West Arts Centre Inc. Proposal - File: A-1440 Recommendation: 1. That Report OES 11-11 of the Director, Operations & Emergency Services be received; 2. That Council endorse the proposal from.Durham West Arts Centre Inc. to relocate to the Pickering Recreation Complex and use the pottery studio to operate pottery and art programs; 3. That the Mayor and the Clerk be authorized to execute a licence agreement to permit Durham West Arts Centre Inc. to use the pottery studio to operate pottery and art programs at the Pickering Recreation Complex from April 1, 2011 to March 31, 2014, that is in a form and substance acceptable to the Director, Operations & Emergency Services and the City Lawyer. 4. That the appropriate officials of the City of Pickering be authorized to take the necessary action to. give effect hereto. Executive Summary: Guida Pirita (Potters Studio) has been using the pottery studio at the Pickering Recreation Complex to provide pottery programs since 2002. Guida Pirita has provided notice to terminate the licence agreement to provide pottery programs effective March 31, 2011. Culture & Recreation staff have received a proposal from Durham West Arts Centre Inc. (DWAC) to operate the Pottery Studio, maintain the existing pottery programs and offer additional programs. j Report OES 11-11 February 14, 2011 Subject: Pottery Studio - Pickering Recreation Complex 54 - Durham West Arts Centre Inc. Proposal Page 2 In order for the existing pottery studio operation to be maintained, the Operations & Emergency Services Department recommends that a licence agreement be initiated with Durham West Arts Center Inc. Financial Implications: Based on a review of the historical business financials of the Pottery Studio, DWAC proposes to build it into a self-sustaining operation through developing a significant number of new and diverse classes along with improved channels of marketing. DWAC projects this will,take two years and in the short-term DWAC has requested rent relief in 2011 ($0 for Q2 thru Q4) and 2012 (partial annual rent of $4,800). DWAC will be in a position to pay the full annual rent of $9,600 by 2013. The rental rate for the existing licence agreement with Guida Pirita is $750 per month plus HST ($9,000 annually plus HST). Revenues: 2011 9 months @ $0 per month $ 0 2012 12 months @ $400 per month $ 4,800 2013 12 months @ $800 per month $ 9,600 2014 3 months @ $800 per month 2,400 $ 16,800 Sustainability Implications: Durham West Arts Centre Inc. will continue to offer pottery programs and develop new programs that enhance the Pickering Recreation Complex and are consistent with the City's mandate to encourage the development of active, healthy lifestyles. Background: Since 2002, Guida Pirita (Potters Studio) has been providing a variety of affordable pottery courses to a wide range of residents, young and old, from beginner to expert. Potters Studio has not been able to meet all the costs of operating the studio and programs offered. Guida Pirita has provided notice to terminate the licence agreement to provide pottery programs effective March 31, 2011. CORP0227-07/01 revised Report OES 11-11 February 14, 2011 .Subject: Pottery Studio - Pickering Recreation Complex 55 - Durham West Arts Centre Inc. Proposal Page 3 The pottery programs operated by Guida Pirita have enhanced the role of the Pickering Recreation Complex by providing a creative outlet and environment for a wide range of residents, young and old, from beginner to expert. Many groups and hundreds of individuals have benefitted from participating in a variety of affordable courses offered. Culture & Recreation staff have received a proposal from the Durham West Arts Centre Inc. to take over the pottery studio operation, maintain the existing pottery programs and offer additional programs. Durham West Arts Centre (DWAC) is an incorporated not for profit charitable organization. DWAC supports the arts and culture of Durham West through innovative programming and a focused mission to build and support an architecturally significant visual and performing arts centre in our region. DWAC proposes relocating from their current location at the Greenwood Library to the Pottery Studio at the Pickering Recreation Complex. A move to the downtown location will increase their visibility and solidify their place as the hub of the arts community. DWAC will maintain the pottery programs and also add new classes in a variety of art disciplines. DWAC have identified that a move to the Recreation Complex will create new fundraising opportunities for the organization, including access to new grants which cannot be obtained in their current location. A new heightened visibility and closer proximity to fundraising and partnerships, will move forward a viable cultural future within the City of Pickering. The Director, Operations & Emergency Services and Division Head, Culture & Recreation recommend that a licence agreement be initiated with Durham West Arts Centre Inc. effective April 1, 2011 to ensure the pottery programs can continue to operate. Attachments: 1. Durham West Arts Centre Business Plan CORP0227-07/01 revised Report OES 11-11 February 14, 2011 Subject: Pottery Studio - Pickering Recreation Complex 56 - Durham West Arts Centre Inc. Proposal Page 4 Prepared By: Approved/En ed By: ron Milton Everett Buntsma Supervisor, Facility Programs Director, Operations & Emergency Services Stephen Ids Division Head, Culture & Recreation SR:lg Copy: Chief Administrative Officer Recommended for the consideration of Pickering - y Cou ci ©r/ Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised ATTACHMENT #._J__ 70 REPORT # 57 Durham West Arts Centre Relocation. To the Pickering Pottery Stu. i.c Business Plan nJanuary 1 ATTACHMENT # i T O REPOR f# O CS 11- 1 k 58 PQ~~ a of i 1. Executive Summary 1.1 Proposed Relocation to Pickering Pottery Studio Durham West Arts Centre (DWAC) supports the arts and culture of Durham West through innovative programming and a focused mission to build and support an architecturally significant visual and performing arts centre in our region. Through theatre, dance, visual, literary and performing arts programs, we will enhance and support an arts audience in Durham West, while building community and business partnerships to construct Durham West Arts Centre. To accomplish our mission, we seek the partnership of the City of Pickering to allow our expansion and move to the Pickering Pottery Studio to continue and develop new programs. A move to the downtown location will increase our visibility and solidify our place as the hub of the arts community. The Pickering Pottery Studio presently runs pottery classes. We plan to maintain the pottery programs and also add present and new classes in a variety of art disciplines. While using the facility as our base, we envision being able to offer additional programs in the community in locations including schools, retirement homes and seniors' centres. The move will allow us to bring together our signature arts programs, such as Roots and Drums, the fall and spring studio tours and Art Noel, along with our other cultural, heritage and arts programs to a central downtown location. The new location will provide high visibility to increase our membership, reach our intended audience, build awareness and implement new programs. A central location allows the public better access and helps us build and encourage our existing. partnerships with the City of Pickering. With a downtown location for the arts centre, we can better contribute to the cultural and economic vitality of the Pickering community and support the City's vision of a sustainable and vital downtown. 1.2 Request for Rent Relief from City of Pickering Based on review of the historical business financials of the Pottery Studio, it is not a viable business as it is operating now. DWAC proposes to build it into a self-sustaining operation through developing a significant number of new and diverse classes along with improved channels of marketing. 2 i ATTACH MEN`T' # CO REPORT #_U S 1 ~ - 11 Page r a 59 However, this is projected to take two years and in the short-term DWAC requests financial support from the City of Pickering in terms of rent relief in 2011 ($0 for Q2 thru Q4) and 2012 (partial annual rent of $4K). We conservatively forecast that the additional revenues will reduce the need for supplementary grant revenue by 2013 and that DWAC will be in a position to pay the full annual rent of $10K. 2. Organization Summary 2.1 Legal Entity The Durham West Arts Centre is an incorporated not-for-profit charitable organization. 2.2 Organization History Durham West Arts Centre (DWAC) was incorporated in 2003 as a not-for-profit organization. With support from the Ontario Trillium Foundation the Rotary Club of Pickering, the City of Pickering, the Ontario Power Generation and various other stakeholders, DWAC started its operations in 2004. DWAC has two arms: DWAC Inc. is the programming and operations arm and the DWAC Foundation raises the funds necessary to build the proposed centre. The two organizations share the same mission and vision and are working collaboratively to that aim. 2.3 Mission and Vision Durham West Arts Centre's mission is to bring the arts of Durham to the world and the world of the arts to Durham. Our vision is to support, promote and present world-class, contemporary arts and culture. As well as advocating for all of the arts of Durham West, DWAC will be a home for exhibits, performances, education, classes and workshops. DWAC will also build community partnerships and we will continue to increase our audience and membership, be sustainable and champion the intrinsic need of arts and culture in our community. The Durham West Arts Centre will contribute to the life of the community through encouraging and developing creativity as a way of seeing and thinking. It will be an inclusive and welcoming destination that promotes cultural exchange and understanding. The Centre will reflect who we are as a society and provide opportunities for personal expression for all ages. 3 ATTACHMENl-rr_I_ URc Olz-r# _0.ES 0-Ik 2.4 Partners Our partnerships in the Durham West community have been many and varied and have helped us achieve our present credibility and the ability to grow and reach the arts audience of the region. Some of these partners include: The Ontario Trillium Foundation, the City of Pickering, the Rotary Club of Pickering, the Ontario Power Generation, Veridian, Footprints, Pine Ridge Arts Council, Durham Festival Theatre, Durham Sustainability,, Cultural Expressions Art Gallery, the Pickering Library, SNAP Pickering and Ajax, the Ajax-Pickering News Advertiser, Dickson Printing, Media Gone Mad, Curry's Art Supplies and a myriad of other businesses within our community. 2.5 Membership Our membership has grown to almost 250 in the last year and through our joint partnerships we have over 2,000 members. 2.6 Location DWAC is currently located at the Greenwood library, a branch of the Pickering library system. 3. Services DWAC runs a myriad of arts-related programs and services for people of all ages. 3.1 Current Services We presently run the Durham West Studio Tour biannually. This program opens the doors of artists in the region to the public by promoting them and their work. The studio tour is promoted region-wide through advertising, articles and 6,000 brochures. This arts program has been successful in enhancing arts and culture in our region and bringing valued tourism dollars to the artists directly and to our region indirectly. We are seen provincially as a regional arts centre and gallery within the midst of Durham West. We have held art shows with a regional flair and have produced a high-profile exhibition called The Thomsons of Durham. This show focused on world-famous artist Tom Thomson, who was born in Pickering, his family and his connections to this region. This high-profile exhibition was complemented with a high-quality book and a curatorial-significant study of the Thomson family and their connection to this region. 4 I ATTACHMENT b E S r 1- I 1 61 Reading and Remembrance is now an Ontario-wide school program reaching more than 70,000 children and youth. The program focuses on literary and creative arts programming and enhances the culture and heritage of Pickering and beyond. , Roots and Drums is a multicultural music and heritage arts concert. This program's special focus is on embracing and supporting all of the diverse arts and cultures of Durham West. The benefit of this program is the fact that it brings differing cultures and religions together under one roof and builds a bridge between them. Music Madness is a music program that fosters the winners of the Rotary music competition and brings them to a wide audience through a unique partnership with the Pickering Town Centre. This program is building and enhancing youth arts and providing inspiration and free educational services to the community. We have also provided a large number of yearly art exhibitions, enhancing the visual arts experience for youth, adults, the elderly and minorities of our region. DWAC runs art classes and workshops, reaching out to our local and regional audiences. Our arts and culture programs are growing in response to the needs of Durham West and are expanding to those needs both within and outside of Durham Region. This year alone, DWAC has reached well over 100,000, people in our area through programming and specific events targeted at promoting arts and culture in Durham West. We have participated and partnered with various events such as Pine Ridge Arts Council's spring outdoor art show, spring studio tour, Music Madness, Art in The Park, Rotary Ribfest, fall studio tour, the Dinner Plate Project, Reading and Remembrance, Art Noel and Roots and Drums. We have just implemented a new website that gets 1,000 hits per month and is the arts hub of the community. We advertise local and regional art shows and events and have created social media products to that aim as well. We have a cyber gallery and interactive space to advertise and promote our members to the World Wide Web. We have made connections and partnerships all around the world. Durham West Arts centre is proposing to move from our present Greenwood Library location to a downtown and more central location at the Pickering Pottery Studio in the Recreation Complex. We will purchase the pottery studio business and partner "with the City of Pickering to continue and enhance the present art programs being conducted. DWAC will bring all of our present events and varied arts programs to this new centre and make the pottery studio location the focus and hub of all arts activities in Durham West. 5 ATTACHMENT Oe S - 1 6 2 _ 3.2 Additional Services From Pottery Studio Location DWAC will not only continue the present pottery programs being taught, but also reorganize the space to hold more classes for children, youth and adults with varied needs. We will do this by significantly increasing the number of classes available and reaching out to all of the art groups, public and private schools, retirement and long-term care homes throughout our community. 3.2.1 Student Classes DWAC envisions adding a full roster in the summer and during March break for children to take part in pottery camps and other activities. By bringing school groups to us and introducing more on-site classes in schools and in other centres, we can broaden our reach and better connect with our community. Presently all of the arts in all schools are feeling the brunt of cutbacks and this venture will allow DWAC to help fill that void. Expanding the scope, use and course offerings both within and beyond the studio space, will also increase the revenue of DWAC and increase our overall sustainability vision. 3.2.2 Broad Diversity of Arts Classes Having the studio space and a large number of artists willing to teach a broad range of art programs, allows DWAC to offer all of the other arts in demand within Durham West. We would use the space to hold the following classes for adults, youth and children for after school, weekend and day programming: • watercolour beginner • watercolour intermediate • watercolour advanced • acrylic beginner • acrylic intermediate • acrylic advanced • beginner oil painting • intermediate oil painting • advanced oil painting • mixed media painting • jewellery workshops • beginner drawing class • intermediate drawing class • advanced drawing class • encaustic painting class • multiple children's arts classes • full after school arts programming 6 XCIACHMENe r,J_ iv,trr`ORT# f 63 A pool of local instructors that are willing and available to be part of this program can teach the proposed classes. These courses can be taught at the studio and easily moved into schools and other centres in the region. The goal is to have classes in the studio of all varieties, meeting the needs of all ages and cultures within the community. DWAC's initiatives for learners of all ages and cultures can be met at this location and with this partnership. Other art centres in the target market are not offering this variety of classes. 4. Market Summary The core target market for the above services and art classes is Pickering and Ajax along with nearby residents in Durham (mainly Uxbridge and Whitby) and eastern Scarborough and eastern Markham. Besides the current Pottery Studio classes in Pickering the only other centres offering arts classes in the market area are: • Creative Arts Centre, Pickering Village, Ajax • Station Gallery, Whitby • Curry's Art Store, Whitby These centres only provide a limited number of classes and do not meet the full local market demand for a more diverse range of classes. According to the 2005 "Economic Impact and Needs Analysis Study for Performing Arts Centre in Ajax/Pickering Area", Durham residents spend $16.8 million annually on the arts including the visual arts, music, theatre and dance. At least 35% of this is spent outside Durham due to inadequate facilities and services within Durham. Full service arts classes are offered outside Durham such as in Unionville (western Markham) that can currently attract West Durham residents. The need for a. Pickering downtown-based arts centre with a diverse offering of arts classes is quite evident and presents an ideal opportunity for the City of Pickering and DWAC. 5. Strategic Benefits The following are key strategic benefits to DWAC and the City of Pickering that accrue from relocating to the downtown location. 7 ATTACHMENT; l "~°~c! :r vS I ` - I I 6 4 5.1 Build Profile Durham West Arts Centre's move to the Pickering Pottery Studio will provide closer access to the public and a storefront location. This will allow us the opportunity to build our membership and audience and further stimulate the impetus for the construction of the arts centre. Offering classes and being in the Recreation Complex allows us to reach a wider base from learners to artists to patrons to the community at large. DWAC intends to be closer to community members and engage them in the common cause of building an arts centre and creating increased cultural and recreational activities for all ages, abilities and cultures. The arts centre can attract additional traffic to the Recreation Complex, which can support increased community utilization of the entire facility. 5.2 Create Operational Fundraising Opportunities Running the pottery and arts studio will also allow DWAC the increased opportunity to raise funds from partnerships, grants and donations. We will be seen as a viable centre by all of the granting bodies, providing us opportunities for numerous arts, heritage and cultural grants that have been presently closed to us. A central location and higher profile allows DWAC an increased ability to build partnerships and donations to fulfill our mission and vision. This provides the needed short-term foundation from which DWAC can grow and become a self-sustaining organization. 5.3 Strengthen Partnerships By fostering and meeting the demand for arts, crafts and cultural programs, we can engage that audience. For instance, we have a strong partnership with the Pickering library system and could use their wall space to showcase our ongoing art exhibitions. Being located. in Greenwood has hampered some partnerships and bringing us downtown will allow us to enhance, increase and build more programs and partnerships. The displays in the library system can attract more community members to the libraries to better utilize their services. 5.4 Foster Sense of Community We presently have up to 100 volunteers working on DWAC's behalf. This central location in the downtown will foster volunteerism and create a sense of community for the artists of Durham West. A central location will allow DWAC to 8 l ATTACHMENT # ' TO REPORT 4-01-7- S ~ 1 ' l ~e 1 o-F ( Z1. 65 engage more community members, businesses and partners in the creation of a thriving artistic downtown. This is a crucial element in supporting a sustainable, vital downtown core. 5.5 Enhance Economic Prosperity DWAC's move to the Pickering Pottery, Studio and its expanding programs will create enhanced employment opportunities and provide an economic multiplier effect by growing local spending on the arts. Additional classes create the need for more instructors and increases DWAC's revenue stream, allowing for more programs and even more job opportunities. A downtown location in Pickering will stop the leakage of arts dollars to other communities as residents find appropriate facilities and programs in their midst. The economic health of the community will be strengthened with employment, contract and entrepreneurial opportunities. 5.6 Advance Vision of a Performing Arts Centre The DWAC Foundation will have office space and a high profile hub from which the fundraising and partnership campaigns can be managed. A central location provides higher profile and close proximity to the public, donors, partners and officials that are needed to reach the projected goal of raising the funds necessary to build a performing arts centre. 6. Management and Personnel Both the DWAC Inc. and DWAC Foundation personnel will be located in the proposed new location. The current proprietor of the Pottery Studio will be retained to continue to instruct pottery classes. All instructors of the art classes will be hired on contract and paid a fixed fee for each class. A new part-time position is required to manage all administrative duties including programming, class registration and scheduling of staff and volunteers. DWAC will promote the classes within its existing marketing channels including brochures, website, media and City of Pickering materials. 9 ATTACHMEN i tr J_ 10 CkcPORT # Q ES I ~ 66 (J~~e ~C3 of 7. Financial Plan 7.1 Historical Pottery Studio Financials The financials for the last 10 years have been reviewed by DWAC. The 2007 financials are indicative of the last 10 years and are used for the basis for projected financials. The following summary provides the 2007 and latest year (2009) historical financials: Actual $'000 2007 2009 Revenue 40 42 Expenses: Third Part Instructor Fees 15 14 Proprietor Instructor Fees 0 0 Proprietor Admin Sala 0 0 Supplies 12 11 Rent 8 9 Office 3 3 Other 2 3 Net Margin 0 2 It has been determined that the proprietor has not been charging the business for her administrative or class instruction time. Essentially her class instruction revenue has just covered the fixed costs of the business including rent payments to the City of Pickering. This has not been a financially viable business for the current proprietor. 7.2 Key Assumptions for Projected Financials In order to make this a viable business, all instructors including the proprietor must be paid appropriate fees and a part-time centre manager position must be established to manage all administrative duties. The current proprietor would like DWAC to relocate by the end of March and to take over the business by April 1, 2011. The additional expenses to cover the new part-time employee and the current proprietor's instruction time is assumed to be covered by the following means: • Art grants starting in Q4 2011 • Additional class revenue starting in Q4 2011 • Rent relief from the City for two years 10 L~ ATTACHMENT # 1.0 REPORT #:_OC-S I I - l I In addition, there is not sufficient means to cover the current proprietor's full instructor fees in Q2 and Q3 of 2011 as the additional revenue does not accrue until Q4. It is assumed that the fees will be temporarily reduced by 50% until sufficient grant funding is obtained. Revenue Projection Assumptions • Existing pottery classes will continue as per 2007 basis • 5 new classes in Q4 2011 with average of 6 participants per class • 30 classes in 2012 with average of 8 participants per class • 39 classes in 2013 with average of, 10 participants per class • Market charge rate of $200 per participant • Arts funding starts in Q4 2011 at $20K/y • Arts funding requirement is reduced significantly to $6K/yr by 2013 The number of classes and participants per class is conservatively estimated based on extensive class instruction experience of the Executive Director of DWAC. The arts funding is based on the probability of success in applying to the following grant agencies: • Trillium Art Grant • Ontario Arts Grant • Access Copyright Grant Total Potential - $45K Expense Projection Assumptions • Market rate for instructors (including current proprietor except for Q2 and Q3 2011) at $725 for regular classes and $1080 for longer student classes • Typical supply costs for each type of class • Part-time manager progressively increases time in 2011 to 50% employment in 2012 - $20K/yr • Rent relief by the City in first 2 years o Full Relief in Q2 thru Q4 2011 - Rent at $0 o 50% Relief in 2012 - Rent at $400/month - $4.8K for year Based on these conservative assumptions, DWAC will quickly grow into operating'a sustainable business and will be well positioned to pay full rent ($8001month) to the City in 2013. 11 II ATTACHMENT # -__...T0 REPORT# OeS 6 D- 7.3 Projected Financials The following are projected financials for the next three years: Projected ($'000) 2011 2012 2013 Revenue Existing Classes $40 $40 $40 New Classes $6 $49 $75 Art Grants $5 $20 $6 Total Revenue $51 $109 $121 Expenses Existing Instructors $15 $15 $15 Previous Proprietor $9 $25 $25 New Instructors $4 $25 $31 Total Instructors $28 $65 $71 Admin. Manager $6 $20 $20 Supplies $12 $14 $15 Rent $0 $5 $10 Office $3 $3 $3 Other $2 $2 $2 Total Expenses $51 $109 $121 Net Margin $0 $(0) $(0) The need for supplemental art grant funding is significantly reduced by 2013 on the way to a sustainable operating organization. 12 Report To Executive Committee PICKERING Report Number: OES 12-11 Date: February 14, 2011 69 From: Everett Buntsma Director, Operations & Emergency Services Subject: Don Beer Arena Accessibility Upgrades and Environmental Improvements - Tender No. T-24-2009 Request for Additional Funding File: A-1440-001-11 Recommendation: 1. That Report OES 12-11 of the Director, Operations & Emergency Services regarding additional funding for the Don Beer Arena project be received; 2. That additional funds in the amount of $120,000 (HST excluded) be approved; 3. That Council authorize the Director, Corporate Services & Treasurer to finance the $120,000 through a transfer from the Don Beer Reserve; and, 4. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. Executive Summary: This project, approved by Council in 2009 and well underway during 2010, involves extensive renovations to a 40 year old building. As a result, unforeseen costs, as indicated in this report, were encountered consuming a great deal of the contingency included in the original costing and approval. As this project continues, this contingency needs to be partially replaced in the event that other unforeseen costs are encountered. Financial Implications: The Don Beer Arena Project was approved by Council on March 29, 2010 as per Resolution #60/10 and Report to Council OES 07-10 by the Director, Operations & Emergency Services. As noted in the original report, the original budget for the project was $2,520,000 and increased to $2,703,500. i Report OES 12-11 February 14, 2011 Subject: Don Beer Arena Accessibility Upgrades and Environment Improvements 70 -Tender No. T-24-2009 - Request for Additional Funding Page 2 The tender was awarded to Deciantis Construction Ltd. on March 29, 2010 with total project costs as follows: Project Cost T-24-2009 $2,297,000 Consulting and Testing Fees 151,500 Miscellaneous Tender Costs 5,000 Contingency 250,000 Total Project Cost $2,703,500 Additional Contingency 120.000 Revised Total Project Cost $2.823,500 Source of Funds As approved under OES 07-10 Source of Funds Budget Revised RInC - Federal $840,000 $840,000 RInC - Provincial 840,000 840,000 Federal Gas Tax 420,000 511,750 Debt (10 year) 320,000 410,000 Don Beer Arena Reserve 100,000 220,000 Current Budget 1,750 Total $2,520,000 $2,823;500 The project is approximately 80% complete but due to the age of the facility (40 years) and unforeseen problems encountered, a number of additional costs have been incurred which has nearly depleted the Council approved contingency. To proactively approach the need for contingency and to avoid construction delays, approval of $120,000 of additional contingency is required to ensure work is not delayed. Sustainability Implications: There are no sustainability matters associated with this report. Background: The contingency for the Don Beer infrastructure funded upgrades was originally established as $250,000 representing approximately 10% of the total contract value. CORP0227-07/01 revised t Report OES 12-11 February 14, 2011 Subject: Don Beer Arena Accessibility Upgrades and Environment Improvements 71 - Tender No. T-24-2009 - Request for Additional Funding Page 3 There was minimal documentation available relating to the original construction 40 years ago and all the, changes over the years. Layers of buried site conditions have been found during the work on the 40 year old building which have resulted in a larger demand for contingency funding than might be expected for the new building construction. Nearly $190,000 of the original contingency total has already been committed to clean up conditions such as asbestos and other found hazardous materials, combustible structural in a non-combustible building, and the repair, replacement and other "fall out" resulting from replacements necessitated by the removals. The lack of site storm water infrastructure has necessitated site work upgrades that have taken another $30,000. Also, due to the General Contractor having difficulty keeping a site supervisor engaged (4 supervisors to date), the City engaged a Firm to provide regular oversight (Independent Project Managers) at a cost of $40,000 which was unanticipated at the commencement of the project. The project is nearing a satisfactory completion and should be substantially complete in time to meet the Provincial/Federal deadlines, but may require as much as an additional $120,000 to assure that there will not be a shortfall during the crucial final stages and that the project can be brought to a satisfactory completion and to make it useful for the City for another 40 years. Examples of unanticipated costs incurred to date are: • Hazardous material removals and clean-up costs, four stages totaling $52,000 • Building component replacement costs resulting from the removals (example: all existing rain water leaders removed and replaced, landing and fire separation repairs in stairwell, saturated roof insulation removal, detail physical changes to accommodate found or altered conditions) $58,000 • Wiring and piping changes and replacements due to found conditions $51,000 • Site storm water infrastructure necessitated upgrades $28,500 CORP0227-07/01 revised Report OES 12-11 February 14, 2011 Subject: Don Beer Arena Accessibility Upgrades and Environment Improvements 72 -Tender No. T-24-2009 - Request for Additional Funding Page 4 Attachments: 1. Report to Council OES 07-10 Approved By: Approved/Endorsed By: Everett unt a Gillis A. Paterson Director, Operations & Emergency Services Director, Corporate Services & Treasurer EB:mld Copy: Chief Administrative Officer Recommended for the consideration of Pickering y Coun '1 z8 Zo Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised ! b :t 4J Y t.-..... Cry 4: Report To 73 Council Report Number: OES 07-10 129 Date: March 29, 2010 From: Everett Buntsma- Director, Operations & Emergency Services Subject: Tender No. T-24-2009 - Tender for Don Beer Arena Accessibility - Upgrades and Environmental Improvements - File: A-1440-001-10 Recommendation: 1. That Report OES 07-1.0 of the Director, Operations & Emergency Services regarding the Don Beer Arena Accessibility Upgrades and Environmental Improvements be received; 2. That Tender No. T-24-2009 submitted by Deciantis Construction Ltd. for the Don Beer Arena Accessibility Upgrades and Environmental Improvements in the amount of $2,411,850 (PST & GST included) be accepted; 3. That the total gross project cost of $2,838,675 and the net project cost of $2,703,500 including the tender amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) The sum of $320,000 as provided for in the 2009 approved Capital Budget to be financed by the issue of debentures through the Regional Municipality of, Durham, over a period not exceeding ten (10) years, at a rate to be determined; b) The sum of $1,680.,000 as provided for in the 2009 approved Capital Budget, to be funded through Provincial and Federal Recreation Infrastructure Canada (RInC) Program in Ontario Grant f unding; c) The sum of $100,000 as provided for in the 2009 approved Capital Budget to be funded from the Don Beer Arena Reserve; d) The sum of $420,000 as provided for in the 2009 approved Capital Budget to be funded from the Federal Gas Tax Reserve Fund; 'IQ REFORT#:LFS 7 oZ cf Report OES 07-10 March 29, 2010 Subject: Don Beer Arena Accessibility Upgrades and Environmental Improvements Page 2. 30 e) The. additional sum of $183,500 to cover the project over expenditure will be funded as follows: i). the sum of $91,750 from Federal Gas Tax Reserve Funds; ii) the sum of $90,000 to be financed by the issue of debentures through the Regional Municipality of Durham over a period not exceeding ten (10) years; iii) the sum of $1,750 to be financed from current funds. f) The annual repayment charges in the amount of approximately $53,400 be 'included in the annual Current Budget for the City of Pickering commencing in 2010, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; g) The Director, Corporate Services & Treasurer has updated the City's 2010 Annual Repayment Limit and certified that this loan and the repayment thereof falls within the City's Annual Repayment Limit for -debt and financial obligations, as established by the Province for municipalities in Ontario and would not cause the City to exceed the updated Limit, and therefore, Ontario Municipal Board approval is not required prior to City Council's authorization; h) The Treasurer is authorized to take any actions necessary in order to effect the foregoing; and 5. That the appropriate officials at the City of Pickering be given authority to give effect thereto. Executive Summary: The Don Beer Arena Accessibility Upgrades and Environmental Improvements were approved by Council in the 2009 Capital Budget. Work on this contract includes renovations to the dressing rooms servicing Rinks 1 &.2, new fully accessible public washrooms, a new fully accessible front lobby and entrance, refurbishing of the upstairs banquet facilities including a fully accessible intensive green roof and elevators. The project also includes upgrades to the existing mechanical and . electrical systems. Tenders have been received and the total net project cost to complete Don Beer Arena Accessibility Upgrades and Environmental Improvements is estimated to be $2,703,500. The tender prices as received have all come in marginally higher than originally anticipated during the budget process. The main reason for the higher pricing is the CORP0227-07/01 revised T I 1~ OREP RT# GAS-l I 75 Report OES 07-10 March 29, 2010 Subject: Don Beer Arena Accessibility Upgrades and Environmental Improvements Page 3 131 inclusion of a fire sprinkler s upp ress ion. system from a health & safety perspective, which was not included in the original scope of work. However, 50% of the additional cost is eligible for funding under the Federal Gas Tax Program. Staff have confirmed that the low bidder Deciantis Construction Ltd. has satisfied the tender requirements and is qualified to undertake this project. Financial Implications: 1. TENDER AMOUNT T-24-2009 $2,292,000 GST 114,600 Sub-Total', 2,406,600 Separate Price for Electrical Panel Board Replacement 5,000 GST 250 Grand Total 2,411,850 GST Rebate (114,850) Total $2,297,000 2. SOURCE OF FUNDS Operations & Emergency Services Department Capital Budget Location Proiect Code Source of Funds Budget ` Required T-24-2009. 5715.0903.1610 Federal Grants - RInC $840,000 $840,000 Don Beer 5715.0903:1623 Provincial Grants- R1nC 840,000 840,000 Arena 5715.0903.7505 Federal Gas Tax RF 420,000 420,000 5715.0903.1703 Debt (10 year) 320,000 320,000 5715.0903.7033 Don Beer Arena R 100.000 100,000 Additional Funds Required 183.500 FUNDS AVAILABLE $2,520,000 $2,703,500 CORP0227-07101 revised i - - I ATTACH ME NT TO ~U PO ra ._of T6 Report OES 07-10 March 29, 2010 Subject: Don Beer Arena Accessibility - Upgrades and Environmental Improvements Page 4 1 32 Finance staff have provided input and taken into consideration the two exceptions affecting this project; the additional costs in the amount of $183,500 and..the implication of new harmonized sales tax (HST). The additional costs identified are due to the inclusion of a fire sprinkler suppression system which was not included in the original scope of work. Based on the restriction on the RInC grant, we.can only fund 50% of the total costs from Federal sources. This implies that only 50% ($91,750).of the additional costs will be funded from the Federal Gas Tax Fund. The remaining ($91,750) additional costs will be funded by an increase in debt financing. The revised amount to debt-finance will be $411,750. Effective July 1, 2010, the HST will come into effect. With the new HST, municipalities. will be .charged "13% on most goods and services and subject to a rebate of 11.24%, resulting in a net cost of 1.76% to the City. It is difficult to determine what percentage of the work will be done prior to July '1, 2010 or after July 1, 2010 or to isolate the built-in PST component in the tender cost. This makes it difficult to estimate. the net impact of this new HST implementation on.the City in. terms of increase or decrease costs. The current estimated costs are based on the existing rules as we are unable to estimate the implication of the new HST. Finance staff will revisit the financial implication of this project at the completion of the project. The overall net financial impact of the introduction of the HST to the City on all capital. projects commencing in 2010 will be analyzed at the end of our 2010 fiscal year. 3. ESTIMATED PROJECT COSTING SUMMARY T-24-2009 Tender (including Electrical Panel Board Replacement) $2,297,000 Consultant and Testing Fees 151,500 Miscellaneous Tender Costs . 5,000 Contingency 250,000 Total Project Costs 2,703,500 GST 135,175 Total Gross Project Cost 2,838,675 GST Rebate (135,175) Total Net Project Cost 2 7 3 500 i j Project Cost under (over) approved funds by ($183,500) The Director, Corporate Services & Treasurer has reviewed the budgeting implications and the financing of the expenditures contained in this report and concurs. CORP0227-07/01 revised I Report OES 07-10 March 29, 2010 77 Subject: Don Beer Arena Accessibility - Upgrades and Environmental Improvements Page 5 133 Sustainability Implications: The rehabilitation of the Don Beer Arena, and in particular the accessibility upgrades, will continue to encourage the development of active, healthy lifestyles throughout the community. The replacement of the existing mechanical plant will provide a more energy efficient heating and cooling system, thereby lowering energy costs and reducing greenhouse gas emissions. The intensive green, roof which is proposed over the new roof area will serve to add insulation, improve the carbon balance and assist in storm water management. The addition of an elevator to service the banquet hall will enhance the accessibility of this facility. i Background: The Don Beer Arena Accessibility. Upgrades and Environmental Improvements was approved by Council in the 2009 Capital Budget. The architectural firm of Jurecka+ Associates Architects Inc. was retained to provide the final design, prepare tender specifications and technical support during construction. Tenders have been received which closed on Wednesday, February 17, 2010 for this project. An advertisement was placed in the DCN.and on the City's website. A mandatory site visit was held on Wednesday, January 20, 2010 and twenty five (25) bidders attended i of which thirteen. (13) bidders responded -and submitted a bid for this project. Five'(5) addenda were issued during this tender call, The bidding summary is attached. The City's consultant, Jurecka + Associates Architects Inc., has undertaken the necessary reference checks related to the general contractor and the sub contractors and is recommending acceptance of the low bid, being Deciantis Construction Ltd. The tender prices as received have all come in marginally higher than originally anticipated during the budget process. The main reason for the higher pricing is the inclusion of a fire-sprinkler suppression system from a health & safety. perspective, which-was not included in the original scope of work. However, a portion of the additional cost is eligible for funding under the Federal Gas Tax program, thus the over expenditure will only marginally increase the required debt financing. The Health & Safety Policy, WSIB Clearance Certificate and Workplace Injury Summary Report issued by Workplace Safety & Insurance Board submitted by Deciantis Construction Limited has been deemed acceptable by the Coordinator, Health & Safety. CORP0227-07/01 revised ATTACI-j n~ 78 a w Report OES 07-10 March 29, 2010. Subject: Don Beer Arena Accessibility Pa ge 6 Upgrades and Environmental Improvements 1 34 The Certificate of Insurance submitted by Deciantis Construction Limited has been deemed acceptable by the Manager, Taxation. In conjunction with staffs review of the contractor's previous work experience and the bonding available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Operations & Emergency Services Department, Operations & Facilities Division recommends the acceptance of Tender No. T-24-2009, the low bid, submitted by Deciantis Construction Ltd. in the amount of $2,411,850 (GST included) and that the total net project cost of $2,703,500 be approved. This report-has been prepared in conjunction with the Manager, Supply & Services who concurs with the foregoing. Attachments: 1. Supply &Services Memorandum dated February 19,.2010 2. By-law to Authorize the Issuance of Debentures in the amount of $411,750. Prepared By: Approved/Endorsed B Tony Prevedel Everett Bunts a Division Head, Operations.&.Facilities Director, Operations & Emergency Services J Gillis Paterson Director Corporate Services& Treasurer Vera A. Fe emacher C:P.P., CPPO, CPPB, C.P.M., CMM III Manager, Supply & Services TP:mld Copy:. Chief Administrative Officer CORP0227-07101 revised HMENT# m. .-of 79 Report OES 07-10 March 29, 2010 Subject: Don Beer Arena Accessibility 135 - Upgrades and Environmental Improvements Page 7 Recommended for the consideration of Pickering Ci . Council Th s J. Quinn, MR, t-MM III Chief Administrative Officer i CORP0227-07/01 revised I ATTACI-jMENT#• f' _i()REP0Ffl).,()I S 8 Ctcy o~ 136 PI rKERI Memo To: Tony Prevedel February 19, 2010 Division Head, Operations & Facilities From: Vera A. Felgemacher Manager, Supply & Services Subject:. Tender No. T-24-2009 Tender for Don Beer Arena Accessibility Upgrades and Environmental Improvements Closing Date: February 17, 2010 Tenders have been received for the above project. An advertisement was placed in the Daily Commercial News and on the City's website inviting companies to download the tendering documents and drawings for the above mentioned tender. Five (5) addenda were issued on this project. A mandatory site visit was held on Wednesday. January 20, 2010 and twenty five 25 bidders attended of which thirteen 13 bidders responded and submitted a tender for this project. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit prices and extensions; unit prices shall govern and extensions will be corrected accordingly, which has been done. All deposits other than the low three bidders may be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 0.10-001, Item 10.03(w). Three (3) bids have been retained for review at this time. SUMMARY PST & GST included Bidder Total Tendered After Calculation Amount $ Check $ Deciantis Construction Ltd. $2,399,250.00 $2,406,600.00 MRP Builders - Engineers Inc. $2,671,217.00 $2,671,216.80 A Plus General Contractors Corp. $2,794,575.00 $2,794,575.00 Bemocon Contracting Ltd. $2,798,809.60 $2,799,334.65 Frank Pellegrino General Contracting Ltd. $2,804,445.00 $23804,445.00 -81 137 Snyder Construction $2,818,987.00 $2,818,987.50 OLAR Ltd. $2;853,232.00 $2,995,893.60 Ross Clair (R.O.M.) Contractors Inc. $2,908,500.00 $2,908,500.00 Automatic rejection - Bid Bond submitted not in the amount of 10% Gay Company Ltd. General Contractors of the tendered amount. Reference: Purchasing By-law No. 5900 01, Procedure No. PUR 010-001, 10.04, item 9(d), IB Item 16, 17,. 18, and Tendering Specification Item 3 Automatic rejection - Addendum not acknowledged. Reference: Maram Building Corp. Purchasing By-law No. 5900-01, Procedure No. PUR 010-001, 10.04, Item 12, IB Item 3 (b),'16.17, 18 28; Addendum No. 5 Automatic rejection - Addendum not acknowledged. Reference: Samson Management and Solutions Ltd. Purchasing By-law No. 5900-01, Procedure No. PUR 010-001, 10.04, Item 12, IB Item 3 (b), 16, 17, 18, 28;.Addendum No. 5 John McLellan Contracting Inc Unable to Bid Venture Construction Services Ltd. Unable to Bid In accordance with Specifications Section 1600, the Electrical. Supplementary Bid Form has been requested of the three. (3) bidders - Decantias Construction Ltd., MRP Builders- Engineers Inc. and A-Plus Construction Corp. - to be submitted within 48 hours of tender closing. Pursuant to Information to Bidders Item 20, the following will be requested of the low bidder for your, review during the evaluation stage of this tender call. Please advise when you wish us to proceed with this task. ,(a) Proof of compliance with amended Confined Space Entry Regulations (September 30, 2006)., Copies of certified Training and Procedures to be.used on this project. (b) a list of employees trained in the confined space entry procedure who will be working on this project (c). a copy of the Health and Safety Policy to be used on this project; (d) a copy of the current Workplace Injury Summary Report issued by Workplace Safety & Insurance Board (in lieu of the Workplace Injury Summary Report document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); (e) a copy of the current.Clearance Certificate issued by Workplace Safety & Insurance Board; (f) the City's certificate of insurance shall be completed by the bidder's agent, broker or insurer; (g) list of sub-contractors in accordance with GC Item 32, Form SCL-1. In addition, a request.to acknowledge by signature the City's Accessibility Regulations. for Contracted Services and. request to provide their Accessibility Training Policy if available. February 19, 2010 Tender No. T-24-2009 Page 2 Tender for Don Beer Arena Accessibility Upgrades and Environmental Improvements AT TAc MMENT#--L..y O REPORT#-L : 10-11 f~ of 82 138 Include the following items in your Report to Council; , (a) if items (a) through (e) noted above, are acceptable to the Co-ordinator, Health & Safety (b) any past work experience Deciantis Construction Ltd. including work location; (c) without past work experience, if reference information is acceptable; (d) the appropriate account number(s) to which this work is to be charged; (e) the budget amount(s) assigned thereto; (f) Treasurer's confirmation of funding; (g) related departmental approvals; (h) any reason(s) why the low bid of Deciantis Construction Ltd.is not acceptable; and (i) related comments specific to the project. Jurecka + Associates Architects Inc. as the consultants on this project will be reviewing submissions and, making recommendations to you. The consultant should also review carefully all submittal information based on tendering instructions. If the consultant notices any infractions or information missing during the evaluation, please contact a member of Supply & Services as soon as possible. Duplicate copies of the bids are attached for the consultant's use. Please do not disclose any information to enquiries except you can direct them to the City's website for the unofficial bid results as read out at the Public tender opening. Bidders will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & ; Services. VAF/jg - Attachments February 19, 2010 Tender No.. T-24-2009 Page 3 Tender for Don Beer Arena Accessibility Upgrades and Environmental Improvements of l 139 83 z W . O U c d E Z IJ E J I cJ N E Q _ o Q Y O F- . H o - O c4 A U p lri o I~ 1p~ ~~q1 N. LLJ W W Z p _ va °z T ti v a o Z> w \ O U) 0 LL LO -7, W z o 1- ❑ O D X ` H Z Q ~ p U U w d aj Q LL m F- ° WED W w O ~ ~o w V (n m °o N Z Q \ \ \ \ . O ~ 1 ~ r .a •C C LL, CC E- h a) p V) - F" - N N N - N N z N N N N N N Q a~ w D Q) N N a) a) a) o a~ ❑ ~zw r Y r r r r r r r r v Q¢) c 2 O U u V) !`a N N U"A O ry a) C YO ~ V •a of a C Q. Q N .C O. C U C Cl) U U U1 o ~ o 0 W 0) 8) > c°' O I w 2 2 ~11) Q N LY~ O C N 0) 0 f~ Ur d 12 Z7 C N 'O. O J U . E O 4] N CL U 0 U C-C 7 p U U U 1- YmUc~ E NoU cn v c O m ce *t v E q > c QUiiUJU cncn°mu m C) 84 The Corporation of the City Of Pickering By-law No. Being a by-law to authorize the issuance of debentures in the amount of $410,000 for the Don Beer Arena Accessibility Upgrades and Environmental Improvements in the City of Pickering Whereas Section 11 of the Municipal Act, 2001, as amended, provides that a lower-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, Whereas Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other'way; and, Whereas Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower tier municipality in a regional municipality does not have the power to issue debentures; and, Whereas The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, Whereas the Council of the City wishes construction to proceed in respect of the. Don Beer Arena Accessibility' Upgrades and Environmental Improvements project; and, Whereas before authorizing the construction to proceed in respect of the Don Beer Arena Accessibility Upgrades and Environmental Improvements project on the date hereof the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and therefore, Ontario Municipal Board approval is not required as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made I thereunder; And Whereas after determining. that Ontario Municipal Board approval is not required, the Council of the City approved report OES 07-10 on the date hereof and awarded Tender T-24-2009 for the Don Beer Arena Accessibility Upgrades and Environmental Improvements project. i ~5a•--li No. Page 2 8 5 ~y4ljw Now therefore the council of The Corporation of the City of Pickering hereby enacts. as follows: 1. That the City proceed with the project referred to as "Don Beer Arena Accessibility Upgrades and Environmental Improvements"; 2. That the estimated costs of the project in the amount of $2,703,500 be financed as follows: a) The sum of $410,000 be financed by the issue of debentures by the Regional Municipality of Durham over a period not exceeding ten (10),years, b) The sum of.$1,680,000 be funded through'Provincial and Federal Grant: Recreation Infrastructure Canada (RInC) Program in Ontario; c) The sum of $100,000 be funded from the Don Beer Arena Reserve; . d) The sum of $511,750 be funded from the Federal Gas Tax Reserve Fund; e) The balance sum of $1,750 be funded from Property Taxes; 3. That the funds to repay the principal and interest of the debentures be provided for in the annual Current, Budget for the City. commencing in 2010 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed this 29th day of March, 2010: David Ryan, Mayor Debbie Shields, City Clerk Report To Executive Committee 1 ICKERIlyG Report Number: OES 13-11 86 Date: February 14, 2011 From: Everett Buntsma Director, Operations & Emergency Services Subject: Glendale Tennis Club Ontario Trillium Foundation Grant Application Requirement Amending Lease Agreement File: A-1440 Recommendation: 1. That Report OES 13-11 of the Director, Operations & Emergency Services be received; 2. That Council acknowledges to the Ontario Trillium Foundation that the Glendale Tennis Club Project for improvements to existing tennis facilities will be permitted at David Farr Memorial Park, and; 3. That the Mayor and the Clerk be authorized to execute an amending lease agreement to extend the Glendale Tennis Club's use of the Tennis Facilities for club purposes at David Farr Memorial Park to September 21, 2017 that is in the form and substance acceptable to the Director,' Operations & Emergency Services and the City Lawyer. Executive Summary: The Glendale Tennis Club is preparing an Ontario Trillium Foundation Grant Application for funding to improve existing tennis facilities at David Farr Memorial Park with the construction of a new wooden canopy to replace the existing wooden canopy over the tennis courts open walkway area, the construction of a shed to replace the existing wooden shed and pouring a concrete pad to replace the existing interlocking bricks under the canopy and shed. One of the conditions of the grant requires. the Glendale Tennis Club to enter into an additional 5-year agreement with the City of Pickering for use of these tennis facilities. Report OES 13-11 February 14, 2011 Subject: Glendale Tennis Club 87 - Ontario Trillium Foundation Grant Application Requirement - Amending Lease Agreement Page 2 The Operations & Emergency Services Department recommends that an amending lease agreement be initiated with the new incorporated Glendale Tennis Club. Financial Implications: The Glendale Tennis Club will be applying for a grant from the Ontario Trillium Foundation to cover the cost of these improvements to the existing tennis facilities. Sustainability Implications: Improvements to the existing tennis facilities will allow the Glendale Tennis Club to continue to encourage the development of active healthy lifestyles through the provision of high quality tennis programs and facilities. Background: The Glendale Tennis Club are preparing an Ontario Trillium Foundation Grant Application for funding to improve existing tennis facilities at David Farr Memorial Park. Proposed improvements will include the construction of a new wooden canopy to replace the existing wooden canopy over the tennis courts' open walkway area, the construction of a shed to replace the existing wooden shed and pouring a concrete pad to replace the.existing interlocking bricks under the canopy and shed. All improvements will take place inside the existing tennis courts' fenced area. The Glendale Tennis club is a community not for profit tennis club that has been in operation for 32 years. There are over 700 members registered ranging from 6 to 77 years of age. The level of play ranges from beginner to a competitive level of play. The Glendale Tennis Club has a long-standing partnership agreement with the City of Pickering to organize and operate tennis programs and activities at this location. The proposed improvements will enhance the community tennis facilities and serve the needs of the Glendale Tennis Club membership. In September 2006, Council approved Resolution #131/06, Item 5 authorizing the execution of a lease agreement with Glendale Tennis Club from October 1, 2006 to September 21, 2012. CORP0227-07/01 revised Report OES 13-11 February 14, 2011 Subject: Glendale Tennis Club 88 -Ontario Trillium Foundation Grant Application Requirement - Amending Lease Agreement Page 3 In order to meet Trillium funding requirements, the Glendale Tennis Club must extend their existing agreement with the City of Pickering an additional 5 years for the use of tennis facilities at David Farr Memorial.Park. The Director, Operations & Emergency Services and Division Head, Culture & Recreation recommend that an amending lease agreement be initiated with the Glendale Tennis Club. Attachments: 1. Improvement Design Prepared By: Approved/Endorsed By: ~ Steph Reynolds Everett untsma Division Head, Culture & Recreation Director, Operations & Emergency Services SR:Ig Copy: Chief Administrative Officer Recommended for the consideration of Pickering City C uncil r 27, 2011 Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised i-iTACHIvi NTH LTOREPORT # (1 ~ I I ~p r- ~ ~i a O -Zd MI 11. iinn.wEl = ~.ar~ k o 7 ~ co n not 1 to, got III YIVy . _ Ln 1 I I I I i s=-- - - - - - - ! I; n I O~ S 3 11 ATTACHMENT # T O REPORT # 90 m m w a W Z Z 3M~ ~ W ~ O 4 'm a _ yj 6 0 _ Z p I I I I I 4k I F3 _ r F 1 - -l r - it. Z F-4 - - - - - -j I I a a ,n z a: k - m„ n- -I - ifs u I n Imo/ nyr y~ ~L I I c I 'I ATTACHMENT # T'O REPORT# 3- I 91 ~•n ~j ~ w - oa I - i El 4" 8 - - - - a - '.a = J - 6., E cSO~W r o -El F-1 F-7 L-< n 3 5zy "t, - - a i - ATTACHMENT# ( TO REPORT# OES l 3- i t a 3 92 {e o E ~ ¢ a w gyp a) a e t I I ~ I i I fj^ I --J --J F _ y __J - , I 1 I I , I I a I Z j --J °z I Q.. Q,o I ATTACHMENT # TO REPORT #-Q-C- S 3 _ I a e a ; N 95 I' L 'I I^ m Q ~ g ~ "qL~F ~ W ~n o I I Q C) u E i! Im 1 J mg4 nN y^ ~'~w5" ~~s r; tl :A 45 ATTACHMENT # I T O REPORT # 94 Glendale Tennis Club Wooden Canopy Project Project Specification Description: • Removal and disposal of existing materials • Construction of a wooden canopy over the tennis club's open walkway area • _ Construction of a shed, built-in to the back portion of the canopy • Pouring of a concrete pad under the canopy and shed • Project start date is October 3, 2011 Preparation work: • Temporary removal of fencing from interior court area • Removal and disposal of (8) fence posts from interior court area • Removal and disposal of 4" x 80' x 14.5' concrete pad • Removal of 40' x 14.5' interlocking bricks • Removal and disposal of 8' x 10' wooden shed • Temporary removal of existing steel sunshade (can be disassembled) • Temporary removal of existing stands • Removal and disposal of existing 40' x 14.5' wooden canopy Job: • Build wooden canopy and shed as per architectural drawings • Close off ends of canopy with plywood or T&G cedar • Install two metal frame doors on shed • Build partition wall within shed • Install lighting throughout canopy and in shed • Install 4 electrical outlets • Pour new 4" concrete pad under canopy and as shed subfloor • Re-fasten fencing to wooden posts in interior court area • Re-install steel sunshade in patio area Details: • We are considering two construction materials for the canopy: pressure treated wood and eastern white cedar, depending on cost. Please provide a quote for both materials. • The interior framing of the shed area can be constructed of pressure treated or other wood since it is hidden. Report to Executive Committee DICKERING Report Number: CS 10-11 Date: February 14, 2011 95. From: Gillis A. Paterson Director; Corporate Services & Treasurer Subject: Formal Quotations - Quarterly Report for Information Recommendation: That Report CS 10-11 of the Director, Corporate Services & Treasurer regarding Formal Quotations - Quarterly Report for Information'be received for information. Executive Summary: Council approved the Purchasing By-law on November 5, 2001 which includes a request to have a summary of contract awards arising from the . formal quotation process be forwarded to Council as information only on a quarterly basis. Financial Implications: Not applicable Sustainability Implications: The City's participation in cooperative purchasing initiatives reduces paper and administrative costs. Background: In accordance with Purchasing Policy Item 04.06, a summary of contract awards arising from the formal quotation process is provided herein for the information of Council. Report CS 10-11 February 14, 2011 Subject: Formal Quotations - Quarterly Report for Information Page 2 96 Formal Quotations Summary October 1, 2010 to December 31, 2010 HST extra (unless stated otherwise) Reference No. Description Award Status Award Date Gablehurst Crescent Cul-de- Completion Q-58-2010 sac Reconstruction ember 17th October 25, 2010 Vendor: Bry Ron Contracting $48,381.50 November Co. Ltd. 2010 City Services & Leisure Work to be Q-32-2010 Guides and Supplements $75,789.30 completed on November 8, 2010 Vendor: York Region Media various dates Group in 2011 Co-operative tender for Mixing of Winter Sand & Salt Host: Region of Durham Various unit T-283-2009 Participants: Region of prices Ongoing Durham, Pickering, operating costs Nov. 17, 2010 Clarington, Oshawa, Whitby Vendor: Miller Paving 2010-2011 Limited Year 2 of 3 Co-operative tender for Supply, Retreading, Repair & Disposal of Tires & Tubes Host: Region of Durham Ongoing T-220-2009 Participants: Region of Various unit November 17, 2010 Durham, Whitby, Ajax, prices 2010-2011 Pickering, Oshawa, Clarington Vendor: Kal Tire Year 2 of 5 Co-operative tender for Supply & Delivery of Pool Chemicals Various unit T-09055 Host: Town of Ajax prices Ongoing November 13, 2009 Participants: Pickering, operating costs Oshawa, Ajax, Whitby, 2010-2011 Clarington, Vendor: Aquatech Logistics Year 2 of 3 Report CS 10-11 February 14, 2011 Subject: Formal Quotations - Quarterly Report for Information Page 3 97 O Reference No. Description Award Status Award Date Hot Water Boiler Replacement - Pickering Completion Q-65-2010 Civic Complex $89,800.00 February 14, December 3, 2010 Vendor: Tasis Contractors 2011 Inc. /ACE Services Replacement of Air Conditioning/ Air Handling Completion Q-70-2010 Unit SF-10 Pickering $30,532.00 November 30, October 7, 2010 Recreation Complex 2010 Vendor: Mack Mechanical Solutions Inc. Various unit Facility Snow Removal prices Vendor: Gray's Snow $26,200 Ongoing Q-73-2010 Removal Minimum operating costs October 19, 2010 Effective: November 1, 2010 Payment 2010-2011 to April 30, 2011 based on 10 Year 1 of 2 complete services Snow Removal and Salting Various unit Services - Senior's Snow prices Removal Program $31,500 Ongoing Q-74-2010 Vendor: Gray's Snow Minimum operating costs October 19, 2010 Removal Payment 2010-2011 Effective: November 1 2010 based on 6 to April 30, 2011 complete Year 1 of 2 services Co-operative tender for Property Tax Bill Production/Printing/Mailing Various unit Ongoing T-10064 Host: Town of Ajax prices rating costs December 15, 2010 Participants: Pickering, Ajax, operating Whitby, 2010-2011 Vendor: Bassett Direct Year 1 of 3 Report CS 10-11 February 14, 2011 Subject: Formal. Quotations - Quarterly Report for Information Page 4 98 Attachments: Not applicable Prepare By: Approved/Endorsed By: Vera A. Felg acher Gillis A. Paterson Manager, Supply & Services Director, Corporate Services & Treasurer CSCMP, CPPO, _CPPB, C.P.M., CMM III VAF:vw Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council J~- Tony Prevedel, P. Eng. Chief Administrative Officer