Roy Brady's Affidavit

Court File No.
1021/17 DC
ONTARIO
SUPERIOR COURT OF JUSTICE
(DIVISIONAL COURT)
B E T W E E N:
K. ROY BRADY
Applicant
and
THE CORPORATION OF THE CITY OF PETERBOROUGH
Respondent
APPLICATION UNDER the Judicial Review Procedure Act, R.S.O. 1990, c. J.1
AFFIDAVIT
I, K. Roy Brady, of the City of Peterborough, MAKE OATH AND SAY:
1. I am the Applicant in this proceeding, and, as such, have knowledge of the matters
contained in this affidavit.
2. I am a resident of the City of Peterborough.
Procedural History
3. On March 5, 2013, the City of Peterborough (the City) held a Planning Committee
meeting to establish City Councils position on hosting a proposed casino within the City and to
clarify City Councils preferred location sites. At that meeting, the Planning Committee
considered City Staff Report PLPD13-013(A) dated March 5, 2013, and City Staff Report
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PLPD13-013 dated February 11, 2013, and made the following two key recommendations to
City Council in their Planning Committee Report No. 5 dated March 5, 2013:
(a) to give notice to the Ontario Lottery and Gaming Corporation (OLG) of the
City's support for the establishment of a gaming site, OLG having jurisdiction
over the subject matter; and
(b) to give full consideration to the following three locations for the proposed casino:
1) Central Area (Downtown), 2) Commercial Catalyst Zone (East), and 3) The
Gateway Zone.
4. Now shown to me and marked as Exhibit A is a copy of City Staff Report PLPD13-
013 dated February 11, 2013. Exhibit B is a copy of City Staff Report PLPD13-013(A) dated
March 5, 2013. Exhibit C is a copy of the Planning Committee Report No. 5 dated March 5,
2013.
5. On March 18, 2013, City Council adopted the recommendations as set out in Planning
Committee Report No. 5 and included an additional recommendation that the location
agreements be contingent on negotiating an agreement with OLG acceptable to the City, and to
determine the social consequences of locating a facility with City boundaries. Now shown to me
and marked as Exhibit D is a copy of the City Council resolution dated March 18, 2013.
6. No study was ever commissioned in respect of social consequences by the City contrary
to City Council approval of March 18, 2013.
7. OLG formally advised the City shortly thereafter that the City had fulfilled its regulatory
requirements to be a willing host municipality for a casino.

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8. During the summer of 2015, it was announced that the Great Canadian Gaming
Corporation was selected through a procurement process as the successful proponent to operate
several casinos in Eastern Ontario known as the Eastern Bundle. Now shown to me and
marked as Exhibit E is a copy of a press release from Great Canadian Gaming Corporation
dated September 9, 2015 indicating that Ontario Gaming East Limited "was selected as the
successful proponent by OLG to operate gaming facilities in OLG's Gaming Bundle 2 (East)
(East Gaming Bundle)". No location for the casino had been selected by that point.
9. Between the announcement of Great Canadian Gaming Corporation and November 16,
2015, the City did not hold any further Council meetings and did not receive any further
delegations on the issue of the location of the proposed casino.
10. As described further below, I later discovered that on November 16, 2015, during a
meeting of the Committee of the Whole of City Council, members of Council improperly went
into closed session and gave the following direction to City Staff:
That staff will be directed to initiate the land use approval process
(OP and rezoning) for the Gateway site [i.e., Crawford Dr] and
should the proponent be interested in an alternative site, Council
will consider it.
11. I hereinafter refer to the November 16, 2015 meeting as the Illegal Meeting and the
direction provided to City Staff during that meeting as the Illegal Direction.
12. There were no public delegations on the issue of a proposed location for the casino
during the Illegal Meeting. The City did not provide any notice that it had come to a decision on
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the location for the proposed casino. The City did not provide any notice to the public
whatsoever that City Council would be discussing or selecting a location for the proposed casino
at the Illegal Meeting. Moreover, the Illegal Direction also laid the groundwork for City Staff to
begin working behind the scenes with Great Canadian Gaming Corporation on its proposal for
the Crawford Dr. location.
13. In fact, the City had been long before approved the Crawford Dr. site by their actions. I
have since learned that prior to the Illegal Meeting, the City was exchanging emails with Great
Canadian Gaming about the planning on the Site, which is to say Crawford Dr. The City had
long decided where the casino was going to be before any public disclosure or debate. Now
shown to me and marked as Exhibit F are copies of emails obtained through freedom of
information requests from March to November 2015. One such email dated March 3, 2015 from
Jim Grogan at Great Canadian Gaming to Malcolm Hunt, the Citys Planning Director, reads in
part: Should we meet at the site once again? Hunt replies, We'll meet in the Visitor Centre
Board Room. The City and Great Canadian Gaming knew from at least March 2015 that the
site would be Crawford Dr. The City hid that fact.
14. By way of the Illegal Direction, the City had unilaterally selected the Crawford Dr. site
for the proposed casino and began a surreptitious course of conduct to commence rezoning and
development of the Official Plan with the goal that the decisions made during the Illegal Meeting
could be sprung upon the public with little to no notice or opportunity to respond.
15. Only Great Canadian Gaming Corporation and the City had any knowledge that a casino
was being proposed for Crawford Dr. The City informed Great Canadian Gaming Corporation of
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the Illegal Direction emanating from the Illegal Meeting and worked with it on planning and
zoning issues in the interim. The City did not inform any member of the public thereof.
16. The City thereafter carried out its plan to keep the Illegal Meeting and the Illegal
Direction secret. Now shown to me and marked as Exhibit G are copies of emails from
November 2015 to March 2016 obtained through freedom of information requests. The emails
reveal correspondence dealing with strategy after the Illegal Meeting. For example, one email
reads: we are taking the position that before us is a land use decision only and that council has
already dealt with the issue of a casino or not and we are treating this as a city initiated process
rather than a developer-led process. Another email dated 30 March 2016 from Malcolm Hunt,
the Citys Planning Director, to Terrance Doyle at Great Canadian Gaming reads in part:
There comes a point when opponents allege that the process is a sham and it will be just a
matter of time before our confidential discussions concerning the application will be on the
street.
17. The City was successful in keeping their inappropriate conduct secret for as long as
possible in that I only became aware of the Illegal Meeting and the Illegal Direction months later
by way of a passing reference thereto contained within an April 14, 2016 public notice that
Crawford Dr. had been selected as the site for the proposed casino. Now shown to me and
marked as Exhibit H is a copy of the Citys public notice regarding road improvements on
Crawford Dr. dated April 14, 2016.
18. At or around the same time, Great Canadian Gaming Corporation announced that it
would be building its Shoreline Casinos at the Crawford Dr. location.

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19. A notice of a meeting of the City's Planning Committee to discuss the re-zoning of the
site was posted in a local newspaper and mailed to 120 adjacent properties to the Crawford Dr.
site. The Planning Committee was to be held on May 9, 2016. Now shown to me and marked as
Exhibit I is a copy of the Citys Planning Committee Notice of Meeting for the May 9, 2016
meeting.
20. A Report from the City's Planning Division to the Planning Committee (Report PLPD16-
038) in anticipation of the May 9, 2016 meeting was not delivered until the Friday before that
meeting, on Friday, May 6, 2016. Now shown to me and marked as Exhibit J is a copy of the
Citys Planning Division Report PLPD16-038 dated May 9, 2016.
21. Consistent with City Councils wish that the public only be notified at the last minute of
goings-on so as to hamper participation, my and the publics ability to digest a substantial report
was hampered by the City's choice of timing of when to release. It has been the City's practice to
publish an agenda online, with the reports included, on the Friday preceding the Monday (or
Tuesday because of occasional holiday Monday). In this instance, the public was given one
business days notice of the report for the May 6, 2016 meeting.
22. Report PLPD16-038s stated purpose was to evaluate the planning merits of amending
the Official Plan and Zoning By-law for the property at 1400 Crawford Dr. to permit the
property to be used for a gaming establishment/casino, hotel and restaurant. (See Exhibit J).
Report PLPD16-038 considered the merits and hurdles of developing only the Crawford Dr.
location to the exclusion of the other proposed locations for the casino.
23. I and many local residents attended and spoke overwhelmingly against the proposed
casino during the May 9, 2016 Planning Committee meeting. Many members of the public noted
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that if a casino would nevertheless be built despite their opposition, then they were concerned
about the environmental impact of the development on Harper Park in Peterborough. Others,
while still opposed to a casino, suggested that a downtown location would have the least negative
impact on natural heritage.
24. The Planning Committee or City Council did not and has never considered these
concerns. There was never any bona fide discussion or consideration of any alternative location
for the casino other than that at Crawford Dr. and long after the Illegal Direction set in motion all
of the groundwork for the development on that site in secret.
25. The City sought to undermine public opposition to the Crawford Dr. site during the May
9, 2016 meeting. The chair of the meeting Mayor Daryl Bennett refused to permit any
member of the public to use the word casino when discussing the location of the casino and
illogically sought to limit discussion to strictly planning-based jargon. The chair prevented any
bona fide opportunity for input on any of the real issues at hand. Members of the public were
barred from using the word casino when they spoke and the Mayor would not let them discuss
the casino at all. I perceived it as censorship. It also confused many people, especially those who
had prepared statements on the financial, social and environmental impacts of the development.
We were all were frustrated in our attempts to have our elected officials hear us as a result.
26. The chair of the meeting clearly favoured the proponent of the casino in that he permitted
them to present a Power Point presentation, but no such presentations were permitted by
members of the public.
27. In fact, no town hall meeting or facilitated public debate on casino-related issues has been
held at any point from the first public meeting in 2013 to the final public meeting in 2016.
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28. Immediately after the public finished their presentations on May 9, 2016, a number of
resolutions were proposed, all of which were related to technical rezoning requirements to give
effect to the Crawford Dr. location as site on which the casino would be constructed, and
approved in short order. There was hardly any discussion about any submissions made by the
public. At the conclusion of public comments on May 9, 2016, Members of Council voted 8-3 in
favour of the rezoning to allow Shorelines Casino Peterborough to be built on Crawford Dr.
29. On May 16, 2016 City Council met and incorporated the resolutions passed on May 9,
2016 into By-law 16-053. Now shown to me and marked as Exhibit K is a copy of the City
Council resolutions dated May 16, 2016.
30. At some point subsequent to the notice of the public meeting referenced in paragraph 19,
above, members of the public complained to the City of Peterborough Ombudsman about the
propriety of the Illegal Meeting and requested an investigation into the propriety of the Illegal
Meeting.
31. The City appointed Local Authority Services (LAS) as its closed meeting investigator
pursuant to section 239.1 of the Municipal Act, 2001 (the Municipal Act). LAS delegated its
powers and duties to Amberley Gavel Ltd. to undertake the investigation into the Illegal Meeting
and report to the City.
32. In January 2017 the investigator, Nigel Bellchamber of Amberley Gavel Ltd., issued his
report regarding the Illegal Meeting. Now shown to me and marked as Exhibit L is a copy of
Nigel Bellchambers Report into the Illegal Meeting dated January, 2017 (the Bellchamber
Report).
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33. The Bellchamber Report included the following key findings:
(a) Council breached the open meetings requirement of the Municipal Act on
November 16, 2015 when it met in closed session. There was no authority for the
meeting to have been in closed session under one of the discretionary exceptions
to the open meeting requirement of the Municipal Act.
(b) The public was not, and could not be aware, that Council would be asked to
consider Crawford Dr. as a location for the proposed casino.
(c) The public was not aware of Council's direction with respect to the Crawford Dr.
site until almost six months later, when staff had already considered the options
for Official Plan amendments and rezoning of that site.
34. At the time I commenced there herein Application for Judicial Review, the City had not
published the Bellchamber Report on their website. The City had not considered it in a public
session of City Council. Newspapers revealed the existence of the report and the City's breach of
the open meetings rule of the Municipal Act.
35. The City has since backhandedly acknowledged the Bellchamber Report. Now shown to
me and marked as Exhibit M is a copy of the City Report into the Bellchamber Report dated
June 19, 2017.
36. Notwithstanding the findings in the Bellchamber Report, the City maintains that it did
nothing wrong. The City Report into the Bellchamber Report states:
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The Closed Meeting Investigators Report has been a learning
experience of what the exceptions are under the Act and how they
can be applied to City Council business. While staff may not agree
with all of the Investigators findings, staff respect the process and
will continue to be vigilant in regards to closed meetings.
Illegality of the By-law
37. The casino is a major development for the City of Peterborough. There are many
interested stakeholders, of which I am one. The casinos existence and location has been the
subject of ongoing controversy for years. I had and still have a legitimate expectation to be
consulted on the location of a proposed casino.
38. The last public consultation on the issue of location was in March 2013 when the
Planning Committee and City Council heard delegations and narrowed the location to three
options, about which Council resolved to give full consideration, once approval for the casino
had been confirmed by OLG. The City disregarded its own promise to the public by holding the
Illegal Meeting and issuing the Illegal Direction.
39. Subsequent to the Illegal Meeting, all reports and notices to the public from the City such
as Report PLPD16-038 (Exhibit J) and Notice on April 14 were premised upon the decision
that Crawford Dr. had been selected as the site for the casino was a fait accompli and
irreversible. For example, the PLPD16-038 Report of May 9, 2016 considered only the
particulars of the zoning changes, and extremely limited so-called environmental effects to land
as they pertain to Crawford Dr.

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City Continues to Ram Project Forward; Ignores Environmental Concerns and Data
40. The City proposed a site plan for approval of the location, buildings, parking lot, trees,
storm water management measures, etc. on the casino site, which was posted to the Citys
website on Friday, May 19, 2017 in the afternoon. Once again, the notice to the public was late:
in this case, the Friday before Victoria Day for a meeting to be held on the following Tuesday,
May 23rd. Now shown to me and marked as Exhibit N is a copy of the City Staff Report
PLPD17-026 posted May 19, 2017 entitled Application for Site Plan Approval, 4,851 square
metre Casino and Seven Storey, 100 Suite Hotel at 1400 Crawford Drive.
41. Contained within this staff report was a recommendation to permit the developer of the
casino to make road realignments and improvements to City roads at the cost of approximately
$8 million, for which the City would reimburse the developer at a later date: see Exhibit M.
The City was otherwise going to perform the realignment of its own roads in 2018, but instead
chose to permit the developer to proceed to do it themselves. It struck me as highly unusual that
a municipality would essentially allow a developer to front it money. I am also concerned about
the lack of oversight, public or otherwise, of what is a public project on a public road given that
it has been put in the hands of the developers and not sent out for tender.
42. The City held a meeting to discuss site plan approval for the proposed casino on June 5,
2017. I was at that meeting.
43. City Council had by that time struck a Casino Watershed Task Force to give the
appearance that environmental issues would be discussed, but went on to limit the task forces
scope to the casino site alone. City Council has never let any environmental discussion occur in
regards to road realignments and other projects that may impact on Harper Park that are
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associated with the casino; instead, the debates have been strictly limited to 1400 Crawford
Drive in an attempt to bolster the environmental bona fides of the project. In other words, City
Council has never wanted to discuss the wider environmental impacts of the casino because they
are wide-ranging and would detract from the environmental viability of the casino project.
44. For example, members of the public were only permitted to discuss the side of Harper
Creek that borders the 1400 Crawford Drive property, but not the other side of the creek
bordering the road as if, somehow, the impact of the road associated with the casino
development did not or could not have an environmental impact. The environmental impacts of
the associated road works pose serious environmental concerns.
45. On June 5, 2017, the Chair then went on to shut down any discussion or debate being
proposed by the Casino Watershed Task Force, notwithstanding that their scope had been
severely limited. Now shown to me as markers as Exhibit O are copies of submissions made
by Warren Dunlop, Cheryl Lyon, and Kim Zippel to City Council on June 5, 2017.
46. The speakers observed that there were many unanswered questions as to what and how
environmental impacts would be reduced on this site. For example, they noted that the Otonabee
Region Conservation Authority (ORCA) required additional information from the proponent to
ensure that infiltration and thermal impacts to the creek are mitigated during both construction
and operational phases. ORCA has also questioned how storm water dry ponds will function.
The general concern was whether low impact development strategies (or LIDS) could be
implemented to recharge the groundwater table and reduce thermal impacts of the proposed
casino. All of these questions remain wholly unanswered. I would have thought it prudent to
await answers to these questions before granting site plan approval. There are in fact, two
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councillors on the ORCA board, which causes me concern in that the interests of the ORCA
board and not being considered by Council.
47. City Council simply ignored these and other environmental concerns raised by members
of the public during the June 5, 2017 meeting. Some of the environmental concerns that have yet
to be addressed involve dealing with storm water runoff that will result from the paving-over of a
wetland on which the casino is being proposed to be built.
48. City Council gave final approval for the casino on June 5, 2017, while acknowledging the
existence of this application. Now shown to me and marked as Exhibit P is a copy of a
Peterborough Examiner article entitled Construction to start soon on Shorelines Casino
Peterborough after city council approves site plan dated June 6, 2017.
49. I understand that Dr. Michael Fox, a professor in Trent Universitys School of the
Environment & Department of Biology is conducting a study into brook trout in Harper Park,
which will take some time to conclude.
Conflict of Interest Concerns
50. There has been no ability for me or other members of the public to ascertain whether
provisions of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 were complied with at
the Illegal Meeting or subsequently given the very nature of the Illegal Meeting having been held
in secret.
51. Given that the Illegal Meeting was held in secret, the public was deprived of its
opportunity to question its elected officials prior to decisions made during the Illegal Meeting as
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to whether any members of Council had any pecuniary interest in the Illegal Direction and/or
Crawford Dr. being selected as the site for the casino.
52. Mayor Daryl Bennett and his brother are prominent business and landowners in
Peterborough and in the vicinity of the proposed casino. They own a business called the Liftlock
Group, which is located up the road from the Crawford Dr. site. Now shown to me and marked
as Exhibit Q are copies of land titles abstracts for properties in the vicinity of the Crawford
Dr. site that that I believe to be owned by Mayor Daryl Bennett or his brother, which may trigger
issues under the Municipal Conflict of Interest Act, but for which only the City, the Mayor and/or
his brother can answer definitively.
53. Recently, the Mayor participated in a vote to sell a piece of property to the casinos
developers for extra parking despite his ownership of a nearby property. Now shown to me and
marked as Exhibit Error! Reference source not found. is a copy of a Peterborough
Examiner articled entitled City of Peterborough sells land on Harper Rd. for casino parking
dated June 19, 2017 about the sale of land for parking and Mayor Bennetts refusal to declare an
interest in accordance with the Municipal Conflict of Interest Act. The sale of this property will
have an impact on the value of the Mayors property in the area.
54. The City and developer are pressing ahead with the building of the casino. Now shown
the me and marked as Exhibit S is a copy of a news article from the Peterborough Examiner
to the effect that the groundbreaking for the casino will be on September 6, 2017 and that the
Mayor has dismissed any questions concerning conflict of interest in relation to the sale to the
casino of property in close proximity to his.

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SWORN BEFORE ME at the City of, in the

Province of Ontario on August 4..fiIl., 2017
aking Affidavits
(ora ay be)
Leigh Ann Ktghtfey,
a Commissioner, etc Province of
Ontario forH.Girvin Devitt.
8arrlster andSolldtor.
!;;;:y.pires June 11. 2020.
INDEX
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INDEX OF EXHIBITS
A. City Staff Report PLPD13-013 dated February 11, 2013

B. City Staff Report PLPD13-013(A) dated March 5, 2013
C. Planning Committee Report No. 5 dated March 5, 2013
D. City Council resolution dated March 18, 2013
E. Great Canadian Gaming Corporation press release dated September 9, 2015
F. Emails dated March to November 2015 from freedom of information request
G. Emails dated November 2015 to March 2016 from freedom of information request
H. Public notice regarding road improvements on Crawford Dr. dated April 14, 2016
I. Planning Committee Notice of Meeting dated May 9, 2016
J. Planning Division Report PLPD16-038 dated May 9, 2016
K. City Council resolutions dated May 16, 2016
L. Nigel Bellchamber Report into the Illegal Meeting dated [January, 2017]
M. City Report into the Bellchamber Report dated [June 19, 2017]
N. City Staff Report PLPD17-026 posted May 19, 2017 entitled Application for Site Plan
Approval, 4,851 square metre Casino and Seven Storey, 100 Suite Hotel at 1400
Crawford Drive.
O. Submissions made by Warren Dunlop, Cheryl Lyon, and Kim Zippel to City Council on
June 5, 2017
P. Peterborough Examiner article entitled Construction to start soon on Shorelines Casino
Peterborough after city council approves site plan dated June 6, 2017
Q. Title abstracts Daryl Bennett and Robert Bennett, June 2017
R. Peterborough Examiner article entitled City of Peterborough sells land on Harper Rd.
for casino parking dated June 19, 2017
S. Peterborough Examiner article entitled Shorelines Peterborough Casino groundbreaking
will be Sept. 6 dated August 1, 2017
Exhibit A
This is Exhibit "A" referred to in the Affidavit of K. Roy Brady
sworn August '::I:"!!:! , 2017
or Taking Affidavits (or as may be)
leigh Ann Kightley,

a Commissioner, etc., Province of
Ontario forH.Girvin Devitt,
Barrister and SolIcitor.
Expires June 11,2020.
TO: Members of the Planning Committee
FROM: Malcolm Hunt, Director, Planning and Development Services
MEETING DATE: February 11, 2013
SUBJECT: Report PLPD13-013

Land Use Planning Options for a Proposed Casino
PURPOSE
A report to identify the land use planning options for a proposed casino in the City of
Peterborough.
RECOMMENDATIONS
That Council approve the recommendations outlined in Report PLPD13-013 dated

February 11, 2013, of the Director of Planning and Development Services, as follows:
a) That Council express its intent to pass the following resolution as required by
Ontario Regulation 81/12 if Council continues to support the establishment of a
casino within the City of Peterborough as first declared on April 2, 2012:
Pursuant to Section 2 of Ontario Regulation 81/12 the Council of the City of

Peterborough hereby gives notice to the Ontario Lottery and Gaming
Corporation of the Citys support for the establishment of a gaming site in
the municipality.
b) That, prior to the passage of the foregoing resolution, Council receive

delegations in respect of the resolution and on the location options for the
proposed casino at a special Planning Committee meeting to be held on March
5, 2013 and that a final determination on the passage of the resolution and the
location options presented in Planning Report PLPD13-013 be made at that time.
Report PLPD13-013 Land Use Planning Options for a Proposed Casino
Page 2
c) That following the determination of the resolution and the preferred location(s) for
the proposed casino, that staff be authorized to provide the Ontario Lottery and
Gaming Corporation with a copy of the resolution, the preferred location(s) and a
description of the steps taken by the municipality to seek public input as well as a
summary of the public input received.
BUDGET AND FINANCIAL IMPLICATIONS
There are no direct budget and financial implications arising out of the adoption of the
recommendations of this report. Staff will report separately on the financial benefits of
hosting a casino and the potential costs in other areas of municipal interest. If the City
is confirmed by OLG as the host municipality, the development applications by the
successful proponent will provide Council with an opportunity to consider the site
specific budget and financial implications of the proposal.
BACKGROUND
SECTION 1: OLGS LOTTERY AND GAMING MODERNIZATION

PROCESS
During 2012 the Province of Ontario began a process to modernize the provincial lottery
and gaming business following a strategic business review undertaken by the Ontario
Lottery and Gaming Corporation (OLG). The business review concluded with 3 key
recommendations: to become more customer-focused; to expand the private sector
delivery of lottery and gaming; and to transition OLG from direct delivery to the oversight
of lottery and gaming.
The modernization process is justified by OLG based on two premises: that gaming is
here to stay and that the business in Ontario is underperforming relative to other
jurisdictions and therefore the Province does not receive the level of revenue it
otherwise might.
While the modernization process addresses both provincial lottery and gaming
businesses the focus of this report is on the gaming business as gaming is being
positioned for the greatest degree of change and now becomes a fundamental land use
consideration for municipalities.
The current gaming model came out of a controversial Charity Gaming Club initiative
promoted by the province in the late 90s. In response to a general backlash of
opposition, the Charity Gaming Club project was abandoned and replaced by a
Page 3
partnership with the horse-racing industry where slot machines were placed at
racetracks where similar gaming activity was already taking place. That initiative did not
meet with opposition and for the past 12 years has become a mainstream activity in the
province.
The modernization review process has concluded that the current gaming model does
not address customer interests and does not locate gaming facilities where the
customers are. Accordingly the modernization strategy has identified several urban
centres as obvious locations for a more comprehensive offering of gaming opportunities
and no longer limits gaming facilities to racetracks.
The modernization process is also seeking to place the burden of the production of new
gaming venues and the operation of them in the hands of experienced private
operators. The objective is for the province to move completely away from direct
delivery to an oversight role and to build the business through competent private
operators.
In May of 2012 the Province released a Request for Information (RFI) from qualified
operators. In doing so private operators were given an opportunity to give critical advice
on the proposed modernization strategy and OLG was able to communicate the
emerging business model to Ontario municipalities. In June of 2012 OLG held
information briefings with the municipal sector to outline the intent of the RFI process,
the opportunities for municipalities, and the anticipated timelines. There has been some
evolution of the business concept since the RFI was released.
At this stage in the modernization process, the intent of OLG is to serve Eastern Ontario
through 4 distinct geographic zones centred on Peterborough, Belleville, Kingston and
Ottawa. The City has recently become aware that OLG intends to bundle the
Peterborough, Belleville and Kingston zones in the control of a single operator. It is
presumed that this will lend itself to operational economies of scale, a more
comprehensive suite of services between the 3 zones, and a more successful
operation.
The Peterborough Zone (Zone E1) is geographically defined in Figure 1.
The zone includes most of the City of Peterborough and portions of Cavan Monaghan
Township at the west edge of the City and adjacent to Highway 115, including the
Kawartha Downs. A small portion of Selwyn Township and Otonabee South Monaghan
Township rounds out the zone, north of Parkhill Road and west of Brealey Drive and
east of Television Road, including the Donwood area. The City understands that the
limit of the zone represents a hard line and therefore the new casino must be placed
within the defined zone. The zone reflects the objective of OLG to place the facility
where the customers are.
Page 4
Figure 1
Zone E1: Peterborough Zone
Source: RFI# 1213-001 Modernizing Land Based Gaming in Ontario
According to the RFI, the existing facility at Kawartha Downs has a gaming floor area of
approximately 10,650 sq ft, 450 slot machines and no tables. The RFI contemplates up
to 600 electronic gaming positions such as slot machines and a maximum of 180 table
gaming positions in the new facility.
In anticipation of the release of the RFI, City Council passed a resolution on April 2,
2012 endorsing the principle of Peterborough becoming a host for the new gaming
facility.
As part of the RFI process OLG has requested municipalities to be helpful to all bidders
by identifying potential sites, passing resolutions to confirm interest and ultimately
ensuring that land use approvals are secured. During the past several months the
Director of Planning and Development Services and the Mayor have met with several
potential bidders to better understand the business aspirations of the private sector, the
scale of the potential facility and to outline the current land use planning context for the
entry of any new facility within the City of Peterborough.
In the summer of 2012 the Province passed Ontario Regulation 81/12 to give further
clarity to the expectations of OLGs modernization process and, in particular, the role of
Page 5
a municipal council. A municipal host must seek public input into the establishment of a
proposed gaming site and must provide a written description of the steps it took to
consult and a summary of the public input received. In addition, a host municipality is
required to pass a resolution supporting the gaming site.
SECTION 2: APPLYING THE OLG CONCEPT IN THE

PETERBOROUGH CONTEXT
The scale of any Casino operation in Peterborough will ultimately be the business
determination of OLG based on the business case presented by private sector
operators. Employment levels of any operation will be largely a factor of the number of
tables in the casino rather than slot machines and the breadth of amenities, such as
restaurant and entertainment venues that become integral to the operation.
For comparison purposes, OLG directly operates Casino Thunder Bay with 14 tables
and 452 slots. There are 360 full and part time employees and the building appears to
be approximately 28,000 sq ft in floor area including a 14,000 sq ft gaming area.
The Great Blue Heron Casino in Port Perry is a partnership between OLG and a private
operator. The facility includes a casino with 60 tables, 545 slot machines, and a full
service food and beverage operation. The casino has 800 full time employees and 350
part time positions. The casino is approximately 65,000 sq ft of which 25,000 sq ft is
associated with the gaming area. The facility is supported by more than 1000 parking
spaces.
Figure 2:
The RFI released by OLG
Great Blue Heron Charity Casino: Source, Google Mapssuggests that the Peterborough
site would consist of up to 600
electronic gaming positions
such as slot machines and a
maximum of 180 table gaming
positions (18-36 tables). Using
the experience of Thunder Bay
and Port Perry it would be
reasonable to expect that a
private sector operator would
seek to enter the Peterborough
market with a facility in the order
of 45,000 sq feet generating a
parking demand of
approximately 750 parking
spaces. Employment levels are
speculative at this stage; however, it can be reasonably expected that the facility as
outlined would be supported by approximately 600 full and part-time positions. The
Great Blue Heron Casino operates 24 hours a day, 7 days a week. Casino Thunder
Page 6
Bay does not. It is anticipated that hours of operation will be established by the
operator.
In discussions with several potential proponents, all envision a phased roll out of the full
business model. Initially the focus will be on the gaming facility and food and beverage
services. A broader range of entertainment amenities and accommodations are typical
inclusions in a mature facility and therefore these services should be anticipated in
Peterborough in subsequent phases of development.
Potential proponents who have met with City officials express a general willingness to
respect the location preference as established by City Council. All proponents
expressed a number of common site ideals: minimum site size of 10-20 acres, a city-
based site with full municipal services, proximity to the regional highway system, and
the ability to provide parking on site or in very close proximity to the facility.
SECTION 3: PETERBOROUGHS CURRENT LAND USE POLICY AND

REGULATORY FRAMEWORK
THE ZONING BYLAW
The Citys land use policy framework for a casino was developed in the late 90s in
response to the Provinces intention to implement the Charity Gaming Club concept. In
April of 1997 Council passed an interim control by-law to prevent, for a one year period,
the establishment of a casino under the place of assembly definition found within the
zoning by-law. Council also directed that a question be placed on the November 1997
municipal election ballot to determine the community opinion concerning the Provinces
intent to establish a permanent charity gaming club in the City. The provincial initiative
was opposed by 64% of those who cast votes.
Prior to the holding of municipal elections, and in the face of growing municipal
opposition to the gaming club concept, the Province indicated that it would not place a
gaming club in a community that did not want to host one. Notwithstanding the decision
of the province to respect the municipal position, City Council elected to permanently
amend the place of assembly definition to exclude a permanent gaming club or
permanent casino. The permitted use place of assembly is widely applied throughout
the City. It includes the entire downtown, old industrial areas, most commercial land
use districts, and in residential areas on sites zoned for schools and churches. For
additional clarity the Place of Amusement and Place of Entertainment definitions in
the zoning bylaw were also proposed for amendment to include a similar exclusion for a
casino.
On August 17, 1998 Council passed the amending by-law. Planning Report PL-98-020
stated: This (amendment) will have the effect of prohibiting, as-of-right, the
establishment of these uses in the municipality. It doesnt preclude an applicant from
seeking a zoning change on a site specific basisHowever, such an application would
Page 7
involve a public review process and the site specific decision would rest with City
Council.
In the summer of 1998 the Provincial government abandoned the plan to broadly
implement the charity casino model electing instead to retain charity casinos in
communities that had supported their introduction and to forge a partnership with the
horse racing industry where gaming activity was already permitted.
THE OFFICIAL PLAN
The Citys Official Plan does not include a similar prohibition on the establishment of a
casino in the City. As a general description of the nature of land use activity associated
with a casino, it would be appropriate to deem a casino as a commercial use. The
entity itself and the component parts, such as the food services, the gaming floor with its
amusement and entertainment devices and tables, accommodations, and entertainment
venues are all commercial activities as envisioned by the Citys Official Plan.
Section 2.3 of the Official Plan describes the Commercial Structure of the City. This
section outlines the Citys strategic policies for commercial land use activity. The Plan
states that the Central Area (the Downtown) is the prime focus of office, cultural and
entertainment uses including regional uses and services, and tourist facilities.
Section 2.3.2 specifically directs the City to maintain the economic vitality, historic and
community value of the Central Area, by encouraging the development, redevelopment
and rehabilitation of the area for a diverse range of uses, including retailing of all
typesentertainment, cultural and recreation facilities, tourism and hospitality
functions Section 2.3.3 of the Official Plan states that the planned function of the
Central Area is to be a multi-faceted activity centre for the City and the surrounding
region and describes all of the foregoing uses and others as integral to that function.
The Central Area Master Plan forms part of the Official Plan. The Central Area Master
Plan confirms that the priority functions of the Central Area are Entertainment and
Cultural Uses, Major Office Uses, and Institutional Uses (section 10.6.3). To implement
this objective, the Central Area Master Plan promotes a Downtown First philosophy for
public investment in municipal cultural and entertainment facilities. While the casino is
likely to be a private venture, depending on the location, the use may necessitate public
expenditures to support it such as additional structured parking and enhanced road
capacity. Regardless of the level of expenditure what is clear is that all entertainment
facilities of a regional scale are intended, by Official Plan policy, to be directed to the
Central Area.
The land use policy and regulatory framework therefore is quite clear. The Official Plan
does not preclude the establishment of a casino within the City. If Council expresses
support to host a casino within the City, the clear policy direction would be to promote
its location in the Central Area. Should Council be inclined to find planning merits in a
location outside of the Central Area then an Official Plan Amendment would be required
Page 8
to overcome the obligation to direct the use to the Central Area so that there is no
conflict with the priority functions of the Central Area.
Regardless of location, any site will require a rezoning as there is presently no zoned
land within the City permitting a casino. As there will be a planning process required to
zone a site, an Official Plan Amendment for a non-Central Area site can be processed
simultaneously.
SECTION 4: LOCATION OPTIONS

While the location options are ultimately determined by the policy objectives of the City,
the policy objectives must also be tempered by a number of practical considerations. As
established in Section 2 of this report, it is anticipated that a casino will enter the
Peterborough market with a facility size requirement in the order of 45,000 sq feet
generating a parking demand of approximately 750 parking spaces. Initially the focus
will be on the gaming facility and food and beverage services. A broader range of
entertainment amenities and accommodations are typical inclusions in a mature facility
and therefore these services will add to the facility size, the land requirements and
parking demand in subsequent phases of development. In addition, proponents have
thus far expressed a number of common site ideals: minimum site size of 10-20 acres, a
city-based site with full municipal services, proximity to the regional highway system,
and the ability to provide parking on site or in very close proximity to the facility.
OPTION A: THE CENTRAL AREA (DOWNTOWN)
The current Official Plan policy regime of the City would aggressively direct potential
casino proponents to a Central Area location. The Central Area is delineated on
Schedule J of the Official Plan (see Figure 3). Within the Central Area, the Commercial
Core Area and the Waterfront Commercial Area are the best fit for a use of this scale.
During the meetings held with potential proponents this policy position has been clearly
articulated. While the facility size of 45,000 sq ft and the desired property size will limit
the range of site choices, there are candidate sites that can be considered. Future
phases of a mature casino operation could easily double the ground floor building
requirements and so an expandable site is clearly required. Parking in the Central Area
is rarely provided on an exclusively surface parking arrangement. Structured parking,
while adding significantly to overall project cost, will allow sites with less than 10 acres
to be considered and is a more efficient use of land.
The intent of this report is not to provide an exhaustive list of all Central Area site
possibilities but rather to establish if a Central Area location remains the location
preference of Council.
Page 9
A PRACTICAL TARGET
AREA
Figure 4 identifies the most

practical Target Zone for a
Central Area location. Within
the Target Zone is a site option
that can be offered by the City
consisting of the Public Works
Yard on Townsend Street
together with the parking lots on
the north side of the CP Rail
mainline. The Public Works
Yard has been the subject of a
recent relocation study due to
severe operational constraints
within the existing site and the
site has been designated in the
Official Plan as part of the
Waterfront Commercial Sub-
area of the Central Area for the
past 22 years. In short it has
been conceived of as a prime
redevelopment opportunity
supporting a use more befitting
the sites strategic profile in the
Downtown and waterfront area.
The Public Works site is 4.18
acres.
On the north side of the CP

mainline are City-owned
Figure 3: The Central Area properties consisting of surplus
railway lands and land formerly
owned by Rehill Building Supply. The land was assembled by the City in the mid 90s
following the construction of the King Street Parkade and was acquired to protect the
Citys next long-term structured parking solution. These properties together constitute
an additional 3.3 acres. Conceptually the Public Works Yard could be the site of the
casino and subsequent phases of related development. The lands on the north side of
the railway line would be the multi-level parking solution serving the casino and the
south end of the downtown. An elevated pedestrian walkway could connect the 2 sites.
Page 10
The site can be expanded

towards George Street (2
acres) and potentially
encompass the Market
Plaza site (5 acres) over the
long term. This is but one
example of a location option
within the Central Area
Target Zone. It would
displace the PW Yard and
trigger a substantial capital
project for its relocation. It
would likely necessitate
some participation by the
City in the parking solution.
Capacity of feeder roads
would have to be studied
Figure 4: The Central Area Target Zone and potential improvements
made. However, the investments would likely be required in any event if the Central
Area expansion objectives of the Official Plan are to be realized. The question for
Council to resolve is whether a Casino development and related services is the
appropriate trigger for the chain reaction of needed municipal investments.
AT ISSUE: IS A DOWNTOWN CASINO THE ANSWER FOR DOWNTOWN?
There is a widely held view that, while the strict reading of the Citys Official Plan would
direct all regional scale entertainment uses to the Central Area, a casino is not the kind
of entertainment use that fulfils the intent of the entertainment function envisioned by
the Plan. The conglomeration of major entertainment uses in the Central Area is
intended to create a multi-functional destination and generate traffic that, in a synergistic
way, adds to the vitality of the whole Central Area. Businesses cross fertilize each
other and thus all win.
A casino, however, tends to be a destination unto itself. The business model of a

casino is to provide a full service entertainment venue to patrons. It is anticipated that
there would be minimal interaction between the casino and Central Area businesses.
The use would generate the physical traffic into the Central Area but not necessarily the
economic activity beyond the walls of the casino itself. A casino tends to be an island of
activity. As such it would only satisfy the letter of the Official Plan as opposed to the
intent of the Plan.
It could be argued that large hotels, theatres and retail malls attempt to be full service
centres also and capture as much business as possible within their walls. However, it
would appear that the culture of the casino business and the aspirations of its patrons
have a singular focus while attending the facility. For this reason, it is important for
Council to give serious consideration to non-Central Area location options.
Page 11
While proponents have been advised that a Central Area location is currently identified
as the Citys policy preference, as established in the Official Plan, proponents were also
advised that Council may find that a non Central Area location better serves the long-
term interests of the City and its citizens. Proponents acknowledged the potential
challenges developing a Central Area location, the potential challenges of the City
dealing with the volumes of activity attending the facility, and the business objective of a
casino to be a full service entertainment venue. Proponents agreed to work with any
location decision the City would make but were also hopeful that the merits of a location
outside the Central Area would also be seriously considered.
OPTION B: AN EAST PETERBOROUGH COMMERCIAL CATALYST (EAST)
Figure 5 depicts a zone of

opportunity identified as
the Commercial Catalyst
Zone. There are two main
factors justifying the
delineation of this area.
A TOURISM CORRIDOR
Ashburnham Drive is
regarded as the Citys
primary tourism corridor.
Flanking the east side of
Little Lake and the Trent
Canal are Beavermead
Park, Eastgate Park, the
Parks Canada Waterway
Figure 5: The Commercial Catalyst Zone and Activity Centre, the
Hydraulic Liftlock and Liftlock Golf Club. All are significant regional tourism features
found in this corridor. The Liftlock is the iconic symbol of city-based tourism.
Casino proponents have advised that unlike most existing Ontario casinos which see a
decline in activity during the summer season, the casino activity at Kawartha Downs
increases during the summer. This would suggest that a Peterborough based facility
would continue to serve a greatly expanded seasonal population in the region and add
to the tourism amenities of the City. Placing the casino in the Commercial Catalyst
Zone would complement the corridors existing function.
Placing the casino along the primary tourism corridor (Ashburnham Drive) would
demand the highest standards of urban design in order to preserve the natural and
cultural history of the area. Any development would have to demonstrate a sensitive
integration with all adjoining uses. Section 4.5.2.5 of the Official Plan deals with land
designated Major Open Space and is particularly relevant for much of Ashburnham
Page 12
Drive: Commercial development such as marinas, motels, hotels, restaurants and

small scale retail uses may be permitted on the Otonabee River or Trent Waterway
system only within the Central Business District or as an integral part of planned park
development on Little Lake or the Liftlock area. This policy would require
proposals in Major Open Space designations to address the relationship of the site
within a much larger park development and even take on the responsibility for the
development of the park as a basis for approval.
AN EMERGING COMMERCIAL CORRIDOR
Lansdowne Street East also happens to be an under-developed commercial node even

though it is poised to serve the commercial needs of a substantial proportion of the
Citys future residential growth. The Willowcreek Node, as it is described in the Official
Plan, continues to lack the anchor that enhances the profile of the node and thereby
serves as a stimulus to new investment. In the past, commercial nodes have looked to
the development of shopping centres or major concentrations of retail activity to serve
as the anchor. In the current commercial economy, shopping centres are no longer
being built, retail expansion has slowed and department store anchors are few and far
between. The Citys commercial planning policies promote the Willowcreek node as the
location of the next department store to enter the Peterborough market. This was done
with the intent of achieving the retail anchor a shopping node needs to fulfill its planned
function. Similarly, the Official Plan identified Lansdowne Street East as the preferred
location of a major regional retail draw such as Costco in order to help deliver the
Willowcreek Node catalyst.
The proposed casino is a one-of-a-kind entity. It is being positioned in Peterborough

to serve a regional trade area. A casino is not considered to be an anchor for retail
development or to replace the essential commercial service functions of a shopping
node. A casino as envisioned by the OLG, however, will attract additional commercial
investment and change the profile of the surrounding commercial land base, planned for
such purposes for the past 25 years.
The Zone is also directly served by two points of access to Highway 115.
Within the Zone are several large sites poised for development and redevelopment.
These include, but are not limited to, a 90 acre site at the east limit of the City behind
Burnham Mansion, the undeveloped half of the Willowcreek Shopping Centre, the
redevelopment of the Trentwinds site in conjunction with adjacent properties, and the
north end of the Liftlock Golf Club property.
As Council considers the merits of Option B: Commercial Catalyst Zone, it remains

Councils decision to include all of the land depicted on Figure 5, to eliminate one of the
2 corridors or pare back the extent of any corridor.
Page 13
OPTION C: GATEWAY ZONE (SOUTH-WEST)
The Gateway Zone is situated at the Citys most significant access point to Highway 115
and the area has long been regarded as the gateway to the City. Figure 6 conceptually
illustrates the Gateway Zone.
Within the Zone is the existing Visitor Information Centre, a planned location for a hotel
and restaurant services, and large parcels of undeveloped land. The conceptual limits
of the zone would also include the vacant industrial site formerly occupied by NHB
Industries although the
boundaries can be
reasonably interpreted to
other suitable sites in the
vicinity.
The Gateway Zone is very

well positioned to serve the
location objectives of
casino operators due to its
proximity and visibility to
Highway 115. The City
does hold 10-12
developable acres north-
east of the Visitor Centre
site. The City-owned land
had been reserved for a
Figure 6: The Gateway Zone Lowes Building Supply
Store in conjunction with a
vacant 10 acre site immediately south, flanking The Parkway. It is not certain that the
Lowes development will be proceeding. The planned hotel development at the Visitor
Centre would provide an immediate amenity. The former NHB/Masterbrand site is not
particularly suitable for re-use as an active industrial operation due to its proximity to
residential uses and the changing character of the area. As outlined in Section 2, the
proposed casino represents a significant employment use and thus would be an
appropriate replacement for lost employment activity associated with the former
industrial operation.
From a land use planning perspective the location of a casino in this zone does not
pose incompatibilities that could not be resolved through improving the capacity of
existing infrastructure, such as intersection improvements. Many such improvements
are already in the planning and implementation stages.
The Gateway Zone however, is situated in close proximity to the strongest commercial
node outside of the Central Area. The intensification of commercial development in the
Lansdowne and Parkway area has long been regarded as the greatest threat to
achieving the healthy interaction and balance principle that lies at the core of the
Page 14
Citys commercial policies. In this regard a casino in location Option B: Commercial

Catalyst will make a more positive contribution to the overall commercial planning
strategies of the City. For this reason, Option B is preferred over Option C,
notwithstanding the Gateway Zone may be very attractive to the casino operator. The
ability for a host municipality to make the location choice based on local planning
priorities is recognized by OLG and all proponents.
OPTION D: STRATEGIC ZONE (WEST OF CITY)
Option D, described as the

Strategic Zone, is by intent
an unconventional option.
The basic premise of

Option D is that the casino
development may create
an environment of
opportunity that fulfills an
even broader, strategic
interest of the City. Option
D places the casino in
close proximity to the City
for servicing reasons and
OLG preferences but not
necessarily within the City.
The conceptual limit of the
Figure 7: The Strategic Zone Strategic Zone is depicted
on Figure 7. Of all Options presented in this report, the exact physical extent of the
zone is the most fluid, waiting for creative opportunities to emerge.
The Option as illustrated in Figure 7 presumes that there may be a willingness to

consider an inter-municipal solution where each municipality finds sufficient benefit to
work in a form of partnership.
The Strategic Zone is considerably closer to the City than the existing casino and is
therefore capable of accessing municipal services. The conceptual limits of the zone
can be reasonably interpreted to other suitable sites in the vicinity, including sites closer
to the existing City boundary.
NEXT STEPS
The recommendations of this report propose a 2-step decision process for City Council
to address the location options for a proposed casino. If Council remains supportive of
the agreement-in-principle to host a gaming facility, as expressed in its resolution
Page 15
passed on April 2, 2012, then it is recommended that a Special Planning Committee be

convened to consider the location options outlined in this report. The meeting should
include an opportunity for public delegations. This would include potential proponents
of a casino development, representatives of OLG, community agencies, and citizens.
This would also be an opportune time for representatives of the DBIA and other Central
Area land owners to address the issue is a downtown casino the answer for
downtown. Copies of this report will be made available through the Clerks Office and
the Planning Division, as well as being posted on the Citys web site. Parties wishing to
address Planning Committee as a delegation should register with the City Clerk in the
usual manner.
Given that the OLG expectations of a host community include the passage of a specific
resolution of support, it is recommended that Council clearly express its intent to pass
the requisite resolution. By doing so the matter is before the public and delegations at
the Planning Committee can address the merits of hosting the casino as well as the
location.
At the conclusion of the Planning Committee meeting, Council can elect to retain one or
more preferred location options for casino development. If Council no longer wishes for
the City to be the host of any casino development, Council is not obliged to support any
of the location options. Following the Planning Committee meeting Council will have
more than satisfied the expectations of the legislation and Council will be sufficiently
informed to make the decisions necessary to complete this stage in the municipal
review process. The recommendations outlined in this report will be carried forward to
the March 5, 2013 Planning Committee Meeting for action.
Even if Council supports being a host municipality, the selection of the casino proponent
and the proponents business plan, including the proponents intended casino location
will be made by OLG. If the successful proponent has identified a property or properties
within the City, the onus will rest upon the proponent to gain the requisite municipal land
use approvals before the project can proceed. At any time in the evaluation process the
municipality is free to initiate the land use approvals to expedite the decision making
process and construction phase. There is no obligation of the municipality to be
involved in the assembly of property. The only expectation of any host municipality by
OLG is simply to speak clearly on its location preferences and once done to be as
helpful as possible.
OLG is currently conducting a pre-qualification process for potential casino

developers/operators. The pre-qualification process for the eastern Ontario zones
closes March 7, 2013. The formal Request for Proposal document is expected to be
released by mid 2013. It is not known how long the RFP process will last or the
duration of the evaluation phase. It can be expected, however, that pre-qualified
proponents will be actively developing their proposals using real site locations and
therefore will have considerable contact with staff seeking information to assist with bid
development.
Page 16
SUMMARY
Four broad casino location options are presented in this report. Each zone has unique
land use planning implications. Staff are recommending that this report be used as a
foundation for public discussion on the land use planning options for a proposed casino
in the City of Peterborough.
Submitted by,
Malcolm Hunt, RPP, MCIP

Director, Planning and Development Services
Contact Name:
Phone: 705-742-7777 Ext. 1809
Toll Free: 1-855-738-3755
Fax: 705-742-5218
E-Mail: mhunt@peterborough.ca
Exhibit B
This is Exhibit "B.#areferred to in the Affidavit of K. Roy Brady
sworn August ~ , 2017
Leigh Ann Kightley,

Ontario for H.Girvin DevItt,
Barrister and Solicitor.
Expires June 11, 2020.
MEETING DATE: March 5, 2013
SUBJECT: Report PLPD13-013(A)

Location Options for a Proposed Casino
PURPOSE
A report to establish Councils position on hosting a proposed casino in the City of

Peterborough and to clarify Councils location preferences.
RECOMMENDATIONS
That Council approve the recommendations outlined in Report PLPD13-013(A) dated

March 5, 2013, of the Director of Planning and Development Services, as follows:
a) That the presentation of the Director of Planning and Development Services, the
special presentation of the Ontario Lottery and Gaming Corporation (OLG) and
all public delegations be received for information.
b) That the following resolution be passed if Council supports the establishment of a

casino within the City of Peterborough:

the municipality.
c) That the Council express its location preference(s) for a proposed casino by
passing the following resolution, with necessary modifications to reflect the will of
Council:
Report PLPD13-013(A) Location Options for a Proposed Casino
Page 2
That the Ontario Lottery and Gaming Corporation be advised that the City
is prepared to give full consideration to an appropriate gaming site in the
following location options as described in Planning Report PLPD13-013
appended to this report:
i) Option A: The Central Area (Downtown)

ii) Option B: Commercial Catalyst Zone (East)
iii) Option C: The Gateway Zone (South-West)
iv) Option D: The Strategic Zone (West Side/West of City)
recommendations.
BACKGROUND
Planning Report PLPD13-013, considered by Planning Committee on February 11,

2013, is appended for ease of reference. The report outlines OLGs modernization
process, the potential application of the gaming model in the Peterborough context, the
Citys current land use policy and regulatory framework, and four broad location options
for a proposed casino.
The essential step required of Council, if it is the will of Council to host a gaming facility
within the municipality, is the passage of a resolution formally expressing the Citys
position. Recommendation a) provides the necessary wording.
An optional step for Council, but one that is highly recommended in order to give
additional clarity to potential proponents who will be invited by OLG to participate in the
bidding process, is a clear statement of the Citys location preference or preferences for
the proposed casino. Council can keep any or all of the options in play. The benefit of
narrowing the options at this time is to focus prospective proponents property search
efforts and to eliminate locations that may be deemed by the community to be
controversial or inappropriate. The benefit of not eliminating all but one option at this
time is to maintain a competitive balance.
The broad location options have been illustrated in very conceptual terms and it is within
councils prerogative to adjust the boundaries of any or all of the options. For example,
if council finds the Option B: The Commercial Catalyst Zone to be appropriate but
would rather eliminate the north end of the Tourism Corridor (Ashburnham Drive) from
consideration then this is an opportune moment to do so.
Page 3
The broad location options are not intended to compel any existing property owner to
offer their property for sale. There is no obligation on the City to be involved in land
assembly rather, this will fall to any proponent that OLG is prepared to work with. It is
recognized that within each location option there are sites that are attractive, sites that
are untouchable and sites that already fulfill their highest and best use.
Recommendation b) has been prepared so that council can state its location
preferences. By identifying any location option Council is not compelled to grant land
use approvals to any site specific application that may be advanced. The successful
proponent must assemble an appropriate site and work with the municipality on all of
the normal land use planning and site development issues that any development
proponent would be expected to satisfy.
The Special Planning Committee Meeting will start with a brief presentation by the
Director of Planning and Development Services covering the highlights of Report
PLPD13-013. Representatives of OLG will be in attendance and will make a
presentation to Planning Committee on the Modernization program. Following this
presentation the Planning Committee will receive public delegations; registered
delegations first followed by unregistered delegations. Following the delegations it is
expected that Planning Committee will give consideration to the recommendation
section of Report PLPD13-013(A).
Submitted by,
Malcolm Hunt, MCIP, RPP

Contact Name:
Phone: 705-742-7777 Ext. 1809
Toll Free: 1-855-738-3755
Fax: 705-742-5218
Attachments:
Appendix A: Planning Report PLPD13-013
Page 4
EXHIBIT A - Page 1 of 16
MEETING DATE: February 11, 2013
SUBJECT: Report PLPD13-013

Land Use Planning Options for a Proposed Casino
PURPOSE
A report to identify the land use planning options for a proposed casino in the City of
Peterborough.
RECOMMENDATIONS

February 11, 2013, of the Director of Planning and Development Services, as follows:
a) That Council express its intent to pass the following resolution as required by
Ontario Regulation 81/12 if Council continues to support the establishment of a
casino within the City of Peterborough as first declared on April 2, 2012:

the municipality.
b) That, prior to the passage of the foregoing resolution, Council receive

delegations in respect of the resolution and on the location options for the
proposed casino at a special Planning Committee meeting to be held on March
5, 2013 and that a final determination on the passage of the resolution and the
location options presented in Planning Report PLPD13-013 be made at that time.
Page 5
c) That following the determination of the resolution and the preferred location(s) for
the proposed casino, that staff be authorized to provide the Ontario Lottery and
Gaming Corporation with a copy of the resolution, the preferred location(s) and a
description of the steps taken by the municipality to seek public input as well as a
summary of the public input received.
recommendations of this report. Staff will report separately on the financial benefits of
hosting a casino and the potential costs in other areas of municipal interest. If the City
is confirmed by OLG as the host municipality, the development applications by the
successful proponent will provide Council with an opportunity to consider the site
specific budget and financial implications of the proposal.
BACKGROUND
SECTION 1: OLGS LOTTERY AND GAMING MODERNIZATION

PROCESS
During 2012 the Province of Ontario began a process to modernize the provincial lottery
and gaming business following a strategic business review undertaken by the Ontario
Lottery and Gaming Corporation (OLG). The business review concluded with 3 key
recommendations: to become more customer-focused; to expand the private sector
delivery of lottery and gaming; and to transition OLG from direct delivery to the oversight
of lottery and gaming.
The modernization process is justified by OLG based on two premises: that gaming is
here to stay and that the business in Ontario is underperforming relative to other
jurisdictions and therefore the Province does not receive the level of revenue it
otherwise might.
While the modernization process addresses both provincial lottery and gaming
businesses the focus of this report is on the gaming business as gaming is being
positioned for the greatest degree of change and now becomes a fundamental land use
consideration for municipalities.
The current gaming model came out of a controversial Charity Gaming Club initiative
promoted by the province in the late 90s. In response to a general backlash of
opposition, the Charity Gaming Club project was abandoned and replaced by a
partnership with the horse-racing industry where slot machines were placed at
Page 6
racetracks where similar gaming activity was already taking place. That initiative did not
meet with opposition and for the past 12 years has become a mainstream activity in the
province.
The modernization review process has concluded that the current gaming model does
not address customer interests and does not locate gaming facilities where the
customers are. Accordingly the modernization strategy has identified several urban
centres as obvious locations for a more comprehensive offering of gaming opportunities
and no longer limits gaming facilities to racetracks.
The modernization process is also seeking to place the burden of the production of new
gaming venues and the operation of them in the hands of experienced private
operators. The objective is for the province to move completely away from direct
delivery to an oversight role and to build the business through competent private
operators.
In May of 2012 the Province released a Request for Information (RFI) from qualified
operators. In doing so private operators were given an opportunity to give critical advice
on the proposed modernization strategy and OLG was able to communicate the
emerging business model to Ontario municipalities. In June of 2012 OLG held
information briefings with the municipal sector to outline the intent of the RFI process,
the opportunities for municipalities, and the anticipated timelines. There has been some
evolution of the business concept since the RFI was released.
At this stage in the modernization process, the intent of OLG is to serve Eastern Ontario
through 4 distinct geographic zones centred on Peterborough, Belleville, Kingston and
Ottawa. The City has recently become aware that OLG intends to bundle the
Peterborough, Belleville and Kingston zones in the control of a single operator. It is
presumed that this will lend itself to operational economies of scale, a more
comprehensive suite of services between the 3 zones, and a more successful
operation.
The Peterborough Zone (Zone E1) is geographically defined in Figure 1.
The zone includes most of the City of Peterborough and portions of Cavan Monaghan
Township at the west edge of the City and adjacent to Highway 115, including the
Kawartha Downs. A small portion of Selwyn Township and Otonabee South Monaghan
Township rounds out the zone, north of Parkhill Road and west of Brealey Drive and
east of Television Road, including the Donwood area. The City understands that the
limit of the zone represents a hard line and therefore the new casino must be placed
within the defined zone. The zone reflects the objective of OLG to place the facility
where the customers are.
Page 7
Figure 1 EXHIBIT A - Page 4 of 16

Zone E1: Peterborough Zone
Source: RFI# 1213-001 Modernizing Land Based Gaming in Ontario
According to the RFI, the existing facility at Kawartha Downs has a gaming floor area of
approximately 10,650 sq ft, 450 slot machines and no tables. The RFI contemplates up
to 600 electronic gaming positions such as slot machines and a maximum of 180 table
gaming positions in the new facility.
In anticipation of the release of the RFI, City Council passed a resolution on April 2,
2012 endorsing the principle of Peterborough becoming a host for the new gaming
facility.
As part of the RFI process OLG has requested municipalities to be helpful to all bidders
by identifying potential sites, passing resolutions to confirm interest and ultimately
ensuring that land use approvals are secured. During the past several months the
Director of Planning and Development Services and the Mayor have met with several
potential bidders to better understand the business aspirations of the private sector, the
scale of the potential facility and to outline the current land use planning context for the
entry of any new facility within the City of Peterborough.
Page 8
In the summer of 2012 the Province passed Ontario Regulation 81/12 to give further
clarity to the expectations of OLGs modernization process and, in particular, the role of
a municipal council. A municipal host must seek public input into the establishment of a
proposed gaming site and must provide a written description of the steps it took to
consult and a summary of the public input received. In addition, a host municipality is
required to pass a resolution supporting the gaming site.
SECTION 2: APPLYING THE OLG CONCEPT IN THE

PETERBOROUGH CONTEXT
The scale of any Casino operation in Peterborough will ultimately be the business
determination of OLG based on the business case presented by private sector
operators. Employment levels of any operation will be largely a factor of the number of
tables in the casino rather than slot machines and the breadth of amenities, such as
restaurant and entertainment venues that become integral to the operation.
For comparison purposes, OLG directly operates Casino Thunder Bay with 14 tables
and 452 slots. There are 360 full and part time employees and the building appears to
be approximately 28,000 sq ft in floor area including a 14,000 sq ft gaming area.
The Great Blue Heron Casino in Port Perry is a partnership between OLG and a private
operator. The facility includes a casino with 60 tables, 545 slot machines, and a full
service food and beverage operation. The casino has 800 full time employees and 350
part time positions. The casino is approximately 65,000 sq ft of which 25,000 sq ft is
associated with the gaming area. The facility is supported by more than 1000 parking
spaces.
Figure 2:
The RFI released by OLG
Great Blue Heron Charity Casino: Source, Google Maps suggests that the Peterborough
site would consist of up to 600
electronic gaming positions
such as slot machines and a
maximum of 180 table gaming
positions (18-36 tables). Using
the experience of Thunder Bay
and Port Perry it would be
reasonable to expect that a
private sector operator would
seek to enter the Peterborough
market with a facility in the order
of 45,000 sq feet generating a
parking demand of
approximately 750 parking
spaces. Employment levels are
Page 9
speculative at this stage; however, it can be reasonably expected that the facility as
outlined would be supported by approximately 600 full and part-time positions. The
Great Blue Heron Casino operates 24 hours a day, 7 days a week. Casino Thunder
Bay does not. It is anticipated that hours of operation will be established by the
operator.
In discussions with several potential proponents, all envision a phased roll out of the full
business model. Initially the focus will be on the gaming facility and food and beverage
services. A broader range of entertainment amenities and accommodations are typical
inclusions in a mature facility and therefore these services should be anticipated in
Peterborough in subsequent phases of development.
Potential proponents who have met with City officials express a general willingness to
respect the location preference as established by City Council. All proponents
expressed a number of common site ideals: minimum site size of 10-20 acres, a city-
based site with full municipal services, proximity to the regional highway system, and
the ability to provide parking on site or in very close proximity to the facility.
SECTION 3: PETERBOROUGHS CURRENT LAND USE POLICY AND

REGULATORY FRAMEWORK
THE ZONING BYLAW
The Citys land use policy framework for a casino was developed in the late 90s in
response to the Provinces intention to implement the Charity Gaming Club concept. In
April of 1997 Council passed an interim control by-law to prevent, for a one year period,
the establishment of a casino under the place of assembly definition found within the
zoning by-law. Council also directed that a question be placed on the November 1997
municipal election ballot to determine the community opinion concerning the Provinces
intent to establish a permanent charity gaming club in the City. The provincial initiative
was opposed by 64% of those who cast votes.
Prior to the holding of municipal elections, and in the face of growing municipal
opposition to the gaming club concept, the Province indicated that it would not place a
gaming club in a community that did not want to host one. Notwithstanding the decision
of the province to respect the municipal position, City Council elected to permanently
amend the place of assembly definition to exclude a permanent gaming club or
permanent casino. The permitted use place of assembly is widely applied throughout
the City. It includes the entire downtown, old industrial areas, most commercial land
use districts, and in residential areas on sites zoned for schools and churches. For
additional clarity the Place of Amusement and Place of Entertainment definitions in
the zoning bylaw were also proposed for amendment to include a similar exclusion for a
casino.
Page 10
On August 17, 1998 Council passed the amending by-law. Planning Report PL-98-020
stated: This (amendment) will have the effect of prohibiting, as-of-right, the
establishment of these uses in the municipality. It doesnt preclude an applicant from
seeking a zoning change on a site specific basisHowever, such an application would
involve a public review process and the site specific decision would rest with City
Council.
In the summer of 1998 the Provincial government abandoned the plan to broadly
implement the charity casino model electing instead to retain charity casinos in
communities that had supported their introduction and to forge a partnership with the
horse racing industry where gaming activity was already permitted.
THE OFFICIAL PLAN
The Citys Official Plan does not include a similar prohibition on the establishment of a
casino in the City. As a general description of the nature of land use activity associated
with a casino, it would be appropriate to deem a casino as a commercial use. The
entity itself and the component parts, such as the food services, the gaming floor with its
amusement and entertainment devices and tables, accommodations, and entertainment
venues are all commercial activities as envisioned by the Citys Official Plan.
Section 2.3 of the Official Plan describes the Commercial Structure of the City. This
section outlines the Citys strategic policies for commercial land use activity. The Plan
states that the Central Area (the Downtown) is the prime focus of office, cultural and
entertainment uses including regional uses and services, and tourist facilities.
Section 2.3.2 specifically directs the City to maintain the economic vitality, historic and
community value of the Central Area, by encouraging the development, redevelopment
and rehabilitation of the area for a diverse range of uses, including retailing of all
typesentertainment, cultural and recreation facilities, tourism and hospitality
functions Section 2.3.3 of the Official Plan states that the planned function of the
Central Area is to be a multi-faceted activity centre for the City and the surrounding
region and describes all of the foregoing uses and others as integral to that function.
The Central Area Master Plan forms part of the Official Plan. The Central Area Master
Plan confirms that the priority functions of the Central Area are Entertainment and
Cultural Uses, Major Office Uses, and Institutional Uses (section 10.6.3). To implement
this objective, the Central Area Master Plan promotes a Downtown First philosophy for
public investment in municipal cultural and entertainment facilities. While the casino is
likely to be a private venture, depending on the location, the use may necessitate public
expenditures to support it such as additional structured parking and enhanced road
capacity. Regardless of the level of expenditure what is clear is that all entertainment
facilities of a regional scale are intended, by Official Plan policy, to be directed to the
Central Area.
Page 11
The land use policy and regulatory framework therefore is quite clear. The Official Plan
does not preclude the establishment of a casino within the City. If Council expresses
support to host a casino within the City, the clear policy direction would be to promote
its location in the Central Area. Should Council be inclined to find planning merits in a
location outside of the Central Area then an Official Plan Amendment would be required
to overcome the obligation to direct the use to the Central Area so that there is no
conflict with the priority functions of the Central Area.
Regardless of location, any site will require a rezoning as there is presently no zoned
land within the City permitting a casino. As there will be a planning process required to
zone a site, an Official Plan Amendment for a non-Central Area site can be processed
simultaneously.
SECTION 4: LOCATION OPTIONS

While the location options are ultimately determined by the policy objectives of the City,
the policy objectives must also be tempered by a number of practical considerations. As
established in Section 2 of this report, it is anticipated that a casino will enter the
Peterborough market with a facility size requirement in the order of 45,000 sq feet
generating a parking demand of approximately 750 parking spaces. Initially the focus
will be on the gaming facility and food and beverage services. A broader range of
entertainment amenities and accommodations are typical inclusions in a mature facility
and therefore these services will add to the facility size, the land requirements and
parking demand in subsequent phases of development. In addition, proponents have
thus far expressed a number of common site ideals: minimum site size of 10-20 acres, a
city-based site with full municipal services, proximity to the regional highway system,
and the ability to provide parking on site or in very close proximity to the facility.
OPTION A: THE CENTRAL AREA (DOWNTOWN)
The current Official Plan policy regime of the City would aggressively direct potential
casino proponents to a Central Area location. The Central Area is delineated on
Schedule J of the Official Plan (see Figure 3). Within the Central Area, the Commercial
Core Area and the Waterfront Commercial Area are the best fit for a use of this scale.
During the meetings held with potential proponents this policy position has been clearly
articulated. While the facility size of 45,000 sq ft and the desired property size will limit
the range of site choices, there are candidate sites that can be considered. Future
phases of a mature casino operation could easily double the ground floor building
requirements and so an expandable site is clearly required. Parking in the Central Area
is rarely provided on an exclusively surface parking arrangement. Structured parking,
while adding significantly to overall project cost, will allow sites with less than 10 acres
to be considered and is a more efficient use of land.
Page 12
The intent of this report is not to provide an exhaustive list of all Central Area site
possibilities but rather to establish if a Central Area location remains the location
preference of Council.
A PRACTICAL TARGET
AREA
Figure 4 identifies the most

practical Target Zone for a
Central Area location. Within
the Target Zone is a site option
that can be offered by the City
consisting of the Public Works
Yard on Townsend Street
together with the parking lots on
the north side of the CP Rail
mainline. The Public Works
Yard has been the subject of a
recent relocation study due to
severe operational constraints
within the existing site and the
site has been designated in the
Official Plan as part of the
Waterfront Commercial Sub-
area of the Central Area for the
past 22 years. In short it has
been conceived of as a prime
redevelopment opportunity
supporting a use more befitting
the sites strategic profile in the
Downtown and waterfront area.
The Public Works site is 4.18
acres.
On the north side of the CP

Figure 3: The Central Area mainline are City-owned
properties consisting of surplus
railway lands and land formerly owned by Rehill Building Supply. The land was
assembled by the City in the mid 90s following the construction of the King Street
Parkade and was acquired to protect the Citys next long-term structured parking
solution. These properties together constitute an additional 3.3 acres. Conceptually the
Public Works Yard could be the site of the casino and subsequent phases of related
development. The lands on the north side of the railway line would be the multi-level
parking solution serving the casino and the south end of the downtown. An elevated
pedestrian walkway could connect the 2 sites.
Page 13
The site can be expanded

towards George Street (2
acres) and potentially
encompass the Market
Plaza site (5 acres) over the
long term. This is but one
example of a location option
within the Central Area
Target Zone. It would
displace the PW Yard and
trigger a substantial capital
project for its relocation. It
would likely necessitate
some participation by the
City in the parking solution.
Capacity of feeder roads
would have to be studied
Figure 4: The Central Area Target Zone and potential improvements
made. However, the investments would likely be required in any event if the Central
Area expansion objectives of the Official Plan are to be realized. The question for
Council to resolve is whether a Casino development and related services is the
appropriate trigger for the chain reaction of needed municipal investments.
AT ISSUE: IS A DOWNTOWN CASINO THE ANSWER FOR DOWNTOWN?
There is a widely held view that, while the strict reading of the Citys Official Plan would
direct all regional scale entertainment uses to the Central Area, a casino is not the kind
of entertainment use that fulfils the intent of the entertainment function envisioned by
the Plan. The conglomeration of major entertainment uses in the Central Area is
intended to create a multi-functional destination and generate traffic that, in a synergistic
way, adds to the vitality of the whole Central Area. Businesses cross fertilize each
other and thus all win.
A casino, however, tends to be a destination unto itself. The business model of a

casino is to provide a full service entertainment venue to patrons. It is anticipated that
there would be minimal interaction between the casino and Central Area businesses.
The use would generate the physical traffic into the Central Area but not necessarily the
economic activity beyond the walls of the casino itself. A casino tends to be an island of
activity. As such it would only satisfy the letter of the Official Plan as opposed to the
intent of the Plan.
Page 14
It could be argued that large hotels, theatres and retail malls attempt to be full service
centres also and capture as much business as possible within their walls. However, it
would appear that the culture of the casino business and the aspirations of its patrons
have a singular focus while attending the facility. For this reason, it is important for
Council to give serious consideration to non-Central Area location options.
While proponents have been advised that a Central Area location is currently identified
as the Citys policy preference, as established in the Official Plan, proponents were also
advised that Council may find that a non Central Area location better serves the long-
term interests of the City and its citizens. Proponents acknowledged the potential
challenges developing a Central Area location, the potential challenges of the City
dealing with the volumes of activity attending the facility, and the business objective of a
casino to be a full service entertainment venue. Proponents agreed to work with any
location decision the City would make but were also hopeful that the merits of a location
outside the Central Area would also be seriously considered.
OPTION B: AN EAST PETERBOROUGH COMMERCIAL CATALYST (EAST)
Figure 5 depicts a zone of

opportunity identified as
the Commercial Catalyst
Zone. There are two main
factors justifying the
delineation of this area.
A TOURISM CORRIDOR
Ashburnham Drive is
regarded as the Citys
primary tourism corridor.
Flanking the east side of
Little Lake and the Trent
Canal are Beavermead
Park, Eastgate Park, the
Parks Canada Waterway
Figure 5: The Commercial Catalyst Zone and Activity Centre, the
Hydraulic Liftlock and Liftlock Golf Club. All are significant regional tourism features
found in this corridor. The Liftlock is the iconic symbol of city-based tourism.
Casino proponents have advised that unlike most existing Ontario casinos which see a
decline in activity during the summer season, the casino activity at Kawartha Downs
increases during the summer. This would suggest that a Peterborough based facility
would continue to serve a greatly expanded seasonal population in the region and add
to the tourism amenities of the City. Placing the casino in the Commercial Catalyst
Zone would complement the corridors existing function.
Page 15
Placing the casino along the primary tourism corridor (Ashburnham Drive) would
demand the highest standards of urban design in order to preserve the natural and
cultural history of the area. Any development would have to demonstrate a sensitive
integration with all adjoining uses. Section 4.5.2.5 of the Official Plan deals with land
designated Major Open Space and is particularly relevant for much of Ashburnham
Drive: Commercial development such as marinas, motels, hotels, restaurants and
small scale retail uses may be permitted on the Otonabee River or Trent Waterway
system only within the Central Business District or as an integral part of planned park
development on Little Lake or the Liftlock area. This policy would require
proposals in Major Open Space designations to address the relationship of the site
within a much larger park development and even take on the responsibility for the
development of the park as a basis for approval.
AN EMERGING COMMERCIAL CORRIDOR
Lansdowne Street East also happens to be an under-developed commercial node even

though it is poised to serve the commercial needs of a substantial proportion of the
Citys future residential growth. The Willowcreek Node, as it is described in the Official
Plan, continues to lack the anchor that enhances the profile of the node and thereby
serves as a stimulus to new investment. In the past, commercial nodes have looked to
the development of shopping centres or major concentrations of retail activity to serve
as the anchor. In the current commercial economy, shopping centres are no longer
being built, retail expansion has slowed and department store anchors are few and far
between. The Citys commercial planning policies promote the Willowcreek node as the
location of the next department store to enter the Peterborough market. This was done
with the intent of achieving the retail anchor a shopping node needs to fulfill its planned
function. Similarly, the Official Plan identified Lansdowne Street East as the preferred
location of a major regional retail draw such as Costco in order to help deliver the
Willowcreek Node catalyst.
The proposed casino is a one-of-a-kind entity. It is being positioned in Peterborough

to serve a regional trade area. A casino is not considered to be an anchor for retail
development or to replace the essential commercial service functions of a shopping
node. A casino as envisioned by the OLG, however, will attract additional commercial
investment and change the profile of the surrounding commercial land base, planned for
such purposes for the past 25 years.
The Zone is also directly served by two points of access to Highway 115.
Within the Zone are several large sites poised for development and redevelopment.
These include, but are not limited to, a 90 acre site at the east limit of the City behind
Burnham Mansion, the undeveloped half of the Willowcreek Shopping Centre, the
redevelopment of the Trentwinds site in conjunction with adjacent properties, and the
north end of the Liftlock Golf Club property.
Page 16
As Council considers the merits of Option B: Commercial Catalyst Zone, it remains

Councils decision to include all of the land depicted on Figure 5, to eliminate one of the
2 corridors or pare back the extent of any corridor.
OPTION C: GATEWAY ZONE (SOUTH-WEST)
The Gateway Zone is situated at the Citys most significant access point to Highway 115
and the area has long been regarded as the gateway to the City. Figure 6 conceptually
illustrates the Gateway Zone.
Within the Zone is the existing Visitor Information Centre, a planned location for a hotel
and restaurant services, and large parcels of undeveloped land. The conceptual limits
of the zone would also include the vacant industrial site formerly occupied by NHB
Industries although the
boundaries can be
reasonably interpreted to
other suitable sites in the
vicinity.
The Gateway Zone is very

well positioned to serve the
location objectives of
casino operators due to its
proximity and visibility to
Highway 115. The City
does hold 10-12
developable acres north-
east of the Visitor Centre
site. The City-owned land
had been reserved for a
Figure 6: The Gateway Zone Lowes Building Supply
Store in conjunction with a
vacant 10 acre site immediately south, flanking The Parkway. It is not certain that the
Lowes development will be proceeding. The planned hotel development at the Visitor
Centre would provide an immediate amenity. The former NHB/Masterbrand site is not
particularly suitable for re-use as an active industrial operation due to its proximity to
residential uses and the changing character of the area. As outlined in Section 2, the
proposed casino represents a significant employment use and thus would be an
appropriate replacement for lost employment activity associated with the former
industrial operation.
Page 17
From a land use planning perspective the location of a casino in this zone does not
pose incompatibilities that could not be resolved through improving the capacity of
existing infrastructure, such as intersection improvements. Many such improvements
are already in the planning and implementation stages.
The Gateway Zone however, is situated in close proximity to the strongest commercial
node outside of the Central Area. The intensification of commercial development in the
Lansdowne and Parkway area has long been regarded as the greatest threat to
achieving the healthy interaction and balance principle that lies at the core of the
Citys commercial policies. In this regard a casino in location Option B: Commercial
Catalyst will make a more positive contribution to the overall commercial planning
strategies of the City. For this reason, Option B is preferred over Option C,
notwithstanding the Gateway Zone may be very attractive to the casino operator. The
ability for a host municipality to make the location choice based on local planning
priorities is recognized by OLG and all proponents.
OPTION D: STRATEGIC ZONE (WEST OF CITY)
Option D, described as the

Strategic Zone, is by intent
an unconventional option.
The basic premise of

Option D is that the casino
development may create
an environment of
opportunity that fulfills an
even broader, strategic
interest of the City. Option
D places the casino in
close proximity to the City
for servicing reasons and
OLG preferences but not
necessarily within the City.
The conceptual limit of the
Figure 7: The Strategic Zone Strategic Zone is depicted
on Figure 7. Of all Options presented in this report, the exact physical extent of the
zone is the most fluid, waiting for creative opportunities to emerge.
The Option as illustrated in Figure 7 presumes that there may be a willingness to

consider an inter-municipal solution where each municipality finds sufficient benefit to
work in a form of partnership.
Page 18
The Strategic Zone is considerably closer to the City than the existing casino and is
therefore capable of accessing municipal services. The conceptual limits of the zone
can be reasonably interpreted to other suitable sites in the vicinity, including sites closer
to the existing City boundary.
NEXT STEPS
The recommendations of this report propose a 2-step decision process for City Council
to address the location options for a proposed casino. If Council remains supportive of
the agreement-in-principle to host a gaming facility, as expressed in its resolution
passed on April 2, 2012, then it is recommended that a Special Planning Committee be
convened to consider the location options outlined in this report. The meeting should
include an opportunity for public delegations. This would include potential proponents
of a casino development, representatives of OLG, community agencies, and citizens.
This would also be an opportune time for representatives of the DBIA and other Central
Area land owners to address the issue is a downtown casino the answer for
downtown. Copies of this report will be made available through the Clerks Office and
the Planning Division, as well as being posted on the Citys web site. Parties wishing to
address Planning Committee as a delegation should register with the City Clerk in the
usual manner.
Given that the OLG expectations of a host community include the passage of a specific
resolution of support, it is recommended that Council clearly express its intent to pass
the requisite resolution. By doing so the matter is before the public and delegations at
the Planning Committee can address the merits of hosting the casino as well as the
location.
At the conclusion of the Planning Committee meeting, Council can elect to retain one or
more preferred location options for casino development. If Council no longer wishes for
the City to be the host of any casino development, Council is not obliged to support any
of the location options. Following the Planning Committee meeting Council will have
more than satisfied the expectations of the legislation and Council will be sufficiently
informed to make the decisions necessary to complete this stage in the municipal
review process. The recommendations outlined in this report will be carried forward to
the March 5, 2013 Planning Committee Meeting for action.
Even if Council supports being a host municipality, the selection of the casino proponent
and the proponents business plan, including the proponents intended casino location
will be made by OLG. If the successful proponent has identified a property or properties
within the City, the onus will rest upon the proponent to gain the requisite municipal land
use approvals before the project can proceed. At any time in the evaluation process the
municipality is free to initiate the land use approvals to expedite the decision making
process and construction phase. There is no obligation of the municipality to be
Page 19
involved in the assembly of property. The only expectation of any host municipality by
OLG is simply to speak clearly on its location preferences and once done to be as
helpful as possible.
OLG is currently conducting a pre-qualification process for potential casino

developers/operators. The pre-qualification process for the eastern Ontario zones
closes March 7, 2013. The formal Request for Proposal document is expected to be
released by mid 2013. It is not known how long the RFP process will last or the
duration of the evaluation phase. It can be expected, however, that pre-qualified
proponents will be actively developing their proposals using real site locations and
therefore will have considerable contact with staff seeking information to assist with bid
development.
SUMMARY
Four broad casino location options are presented in this report. Each zone has unique
land use planning implications. Staff are recommending that this report be used as a
foundation for public discussion on the land use planning options for a proposed casino
in the City of Peterborough.
Submitted by,
Malcolm Hunt, RPP, MCIP

Contact Name:
Phone: 705-742-7777 Ext. 1809
Toll Free: 1-855-738-3755
Fax: 705-742-5218
Exhibit C
This is Exhibit "C" referred to in the Affidavit of K. Roy Brady
oner for Taking Affidavits (or as may be)
leigh Ann K1ght1ey,

Ontario forH.Girvin Devitt.
Planning Committee Report No. 5
Meeting of March 5, 2013
To The Council of the City of Peterborough, for Consideration at its

Meeting Held March 18, 2013
The Planning Committee, as a Result of its Meeting Held on March 5,

2013 Recommends as Follows:
1. Director of Planning and Development Services

Report PLPD13-013(A)
That Council approve the recommendations outlined in Report PLPD13-013(A)

dated March 5, 2013, of the Director of Planning and Development Services,
as follows:
a) That the presentation of the Director of Planning and Development

Services, the special presentation of the Ontario Lottery and Gaming
Corporation (OLG) and all public delegations be received for
information.
b) That the following resolution be passed if Council supports the

establishment of a casino within the City of Peterborough:
Pursuant to Section 2 of Ontario regulation 81/12 the Council of the City

of Peterborough hereby gives notice to the Ontario Lottery and Gaming
Corporation of the Citys support for the establishment of a gaming site
in the municipality.
c) That the Council express its location preference(s) for a proposed

casino by passing the following resolution, with necessary
modifications to reflect the will of Council:
That the Ontario Lottery and Gaming Corporation be advised that the
City is prepared to give full consideration to an appropriate gaming site
in the following location options as described in Planning Report
PLPD13-013 appended to this report:

Page 2
Submitted by,
Councillor Hall
Chair
March 5, 2013
Exhibit D
This is Exhibit "D" referred to in the Affidavit of K. Roy Brady
sworn August I:-HA ,2017
for Taking Affidavits (or as may be)
Leigh Ann Klghtley,

Ontario for H.Girvin Devitt,
City Council Minutes
City Of Peterborough
March 18, 2013
Minutes of a Meeting Of City Council Held On March 18, 2013, in

the Theatre, Thomas A. Stewart Secondary School.
The City Council meeting was called to order at 6:30 p.m. in the Theatre, Thomas A.
Stewart Secondary School.
Roll Call:
Councillor Beamer
Councillor Clarke
Councillor Doris
Councillor Hall
Councillor Juby
Councillor McWilliams
Councillor Pappas
Councillor Parnell
Councillor Riel
Mayor Bennett
Councillor Vass
Ceremonial Presentation
Councillor Beamer introduced the Mayors Youth Awards. The Mayor presented
certificates to Kyle Johnson and Jason Whitehill.
Confirmation of Minutes February 25, 2013
Moved by Councillor Clarke, seconded by Councillor Pappas
That the minutes of the meeting of Council held on February 25, 2013, be
approved as amended.
CARRIED
Disclosure of Pecuniary Interest

-2-
Councillor Parnell declared an interest in Committee of Whole Report No. 3, Item 7,

Report USDIR13-001, Approval to Post Environmental Study Report
Widen/Reconstruct Chemong Road/Reid Street from Parkhill Road West to the Parkway
Right-of-Way, as she has a brother involved in a business competing with one identified
in the subject area.
Councillor Pappas declared an interest in Committee of Whole Report No. 3, Item 10,
Report OCS13-001Mandatory Food Handler Certification By-law, as he employs food
handlers.
Delegations
Registered Delegations:
Steve Benns, 755 Chemong Road, made a delegation to Item No. 7 of Committee of the
Whole Report No. 3 (Report USDIR13-001, Approval to Post Environmental Study
Report Widen/Reconstruct Chemong Road/Reid Street from Parkhill Road West to the
Parkway Right-of-Way) and to Item No. 10 of Committee of the Whole Report No. 3
(Report OCS13-001, Mandatory Food Handler Certification By-law).
Rick Stankiewicz, 10 Hazel Crescent, made a delegation to Item No. 1 of Planning

Committee Report No. 5 (Report PLPD13-013(A), Location Options for a Proposed
Casino).
Dave Madill, Chair of DBIA, made a delegation to Item No. 1 of Planning Committee
Report No. 5 (Report PLPD13-013(A), Location Options for a Proposed Casino).
Michael Vanderherberg, 185 Perry Street, made a delegation to Item No. 1 of Planning
Casino).
Samara Johnson, 172 Adeline St., made a delegation to Item No. 1 of Planning
Casino).
Bruce Davis, 33 Rolliston, made a delegation to Item No. 1 of Planning Committee

Sheila McConkey, 2450 Ashburnham Drive, made a delegation to Item No. 1 of

Planning Committee Report No. 5 (Report PLPD13-013(A), Location Options for a
Proposed Casino).
M.H. Reid, 333 Hedonics Road, made a delegation to Item No. 1 of Planning
Casino).
-3-
Kim Zippel, 1712 Stenson Blvd., made a delegation to Item No. 1 of Planning
Casino).
Jim Russell, CEO, United Way of Peterborough & District, made a delegation to Item
No. 1 of Planning Committee Report No. 5 (Report PLPD13-013(A), Location Options
for a Proposed Casino).
Roy Brady, 136 Ware Street, made a delegation to Item No. 1 of Planning Committee
Raging Grannies made a delegation to Item No. 1 of Planning Committee Report No. 5
(Report PLPD13-013(A), Location Options for a Proposed Casino).
Heather Sadler, EcoVue Consulting Services Inc., 25 Reid Street, Lakefield, made a
delegation to Item No. 1 of Planning Committee Report No. 5 (Report PLPD13-013(A),
Location Options for a Proposed Casino).
Patti Peeters, 307 Burnham Street, made a delegation to Item No. 1 of Planning
Casino).
Sheila Nobigon-Howlett, 203 Shelbourne Street, made a delegation to Item No. 1 of

Proposed Casino).
Move by Councillor Clarke, seconded by Councillor Parnell
That the Rules of Order (Article 16.8.2) be suspended to change the order of the
agenda to allow registered delegations be heard past the hour of 9:00 p.m., then
committee reports, followed by unregistered delegations and adjournment.
CARRIED
Glenn Duncan, 1227 Baker Street, made a delegation to Item No. 1 of Planning
Casino).
Hans Vink, 223 Fifes Bay Road, Selwyn Township, made a delegation to Item No. 1 of
Proposed Casino).
Maryam Monsef, 631 Union Street, made a delegation to Item No. 1 of Planning
Casino).
Bill Kimball, 214 London Street, made a delegation to Item No. 1 of Planning Committee
-4-
Fynn Leitch, ACHAC Representative, made a delegation to Item No. 1 of Planning

Casino).
Karine Rogers, 67 Sophia Street, made a delegation to Item No. 1 of Planning

Casino).
Bud Pfaff, 2838 Lakefield Road, RR#4 Peterborough, made a delegation to Item No. 1
of Planning Committee Report No. 5 (Report PLPD13-013(A), Location Options for a
Proposed Casino).
Carleen Johnson, 1 Wallace Street, made a delegation to Item No. 1 of Planning

Casino).
Moved by Councillor Pappas, seconded by Councillor Clarke
That the Rules of Order (16.15.2) be suspended to extend the meeting past the
hour of 10:00 p.m. to complete the agenda.
CARRIED
Terry Heffernan, 1437 10th Line Smith, Selwyn Township, made a delegation to Item
No. 1 of Planning Committee Report No. 5 (Report PLPD13-013(A), Location Options
for a Proposed Casino).
Ron Bullock, 511 Barnes Cr., made a delegation to Item No. 1 of Planning Committee
Maren Fine, 372 George Street North, made a delegation to Item No. 1 of Planning
Casino).
The Mayor called a brief recess.
Council reconvened at 10:25 p.m.
Planning Committee Report Number 4

Moved by Councillor Hall, seconded by Councillor Riel
That Report Number 4 of the Planning Committee Meeting of March 4, 2013 be

approved.
-5-
Item 2
Report PLPD13-015 Heritage Park Phase II, Stage 3, 45M-237 Proposed Rezoning to
Reduce Side Yard Setbacks
Moved by Councillor Vass, seconded by Councillor Pappas
That recommendation c) be amended by removing the holding provision and read as

follows:
c) That a restrictive covenant be applied to affected lots to ensure that the

reduced side yard is not encumbered.
CARRIED
Upon the main motion as amended, the motion carried.

Moved by Councillor Hall, seconded by Councillor Riel
That Report Number 5 of the Planning Committee Meeting of March 5, 2013 be

approved.
Mayor Bennett moved this report to the end of the Committee Reports, with the support
of the members.
Committee of the Whole Report Number 3
Moved by Councillor Parnell, seconded by Councillor Pappas
Councillor Parnell did not debate or vote on item 7 due to her previously declared
interest.
Councillor Pappas did not debate or vote on item 10 due to his previously declared
interest.
That Report Number 3 of the Committee of the Whole Meeting of March 11, 2013
be approved.
Items 10 and 7 were separated.

-6-
Item 7
Upon item 7, the item carried.
Item 10
Upon item 10, the item carried.
Upon the main motion, less items 7 and 10 the motion carried.
Delegations Not Registered:
William Barkley, made a delegation to Item No. 1 of Planning Committee Report No. 5
(Report PLPD13-013(A), Location Options for a Proposed Casino).
Bob Payne, 133 Dufferin Street, made a delegation to Item No. 1 of Planning
Casino).
Kathyrn Langley, 1872 Parkwood Circle, made a delegation to Item No. 1 of Planning
Casino).
Cathy Woodcock, 4 Knox Street, made a delegation to Item No. 1 of Planning

Casino).
Ivan Bateman, 244 Rogers Street made a delegation to Item No. 1 of Planning
Casino).
James Britton, 1308 Cartier Boulevard, made a delegation to Item No. 1 of Planning
Casino).
Rick Fife, Ennismore made a delegation to Item No. 1 of Planning Committee Report
No. 5 (Report PLPD13-013(A), Location Options for a Proposed Casino).
Councillor Clarke left the meeting at 11:26 p.m. and returned at 11:31 p.m.
Craig Martin, 562 Clancy Crescent made a delegation to Item No. 1 of Planning
Casino).
-7-
Charles Werger, 168 Douro Street, made a delegation to Item No. 1 of Planning
Casino).

Councillor Clarke requested a recorded vote.
Moved by Councillor Vass
That the recommendations be amended by adding the following:
That the location agreements be contingent on negotiating an agreement with OLG,

acceptable to the city and to determine the social consequences of locating a facility
with City boundaries.
There was no seconder to the motion.
The Clerk conducted a roll call.
Yea Nay
Councillor Parnell Councillor Clarke
Councillor Hall
Councillor Beamer
Councillor Doris
Mayor Bennett
Councillor Pappas
Councillor Juby
Councillor Riel
CARRIED
Notice of Motion
There were no Notices of Motion.
By-Laws
Moved by Councillor Pappas, seconded by Councillor Parnell
-8-
13-027 Being A By-Law To Amend Zoning By-Law 97-123 For Lots 1-11,
13-21, 23-25, 27-13, 33-35, 37-50, 52-56, 58-64, 66-85, 87, 88, 90-102,
Plan 45M-237
13-028 Being A By-Law To Amend Zoning By-Law 97-123 For 392 Brock
Street
13-029 Being A By-Law Respecting Mandatory Food Handler Certification

In High-Risk Food And Moderate-Risk Food Premises In The City Of
Peterborough
13-030 Being A By-Law To Authorize The Execution On An Agreement With

The Kawartha Pine Ridge District School Board To Undertake A
Sport Field Development Project At Thomas A. Stewart Secondary
School
13-031 Being A By-Law To Authorize The Acquisition Of The Land

Described As Part Lot 9, Con 1 Township Of Smith, Peterborough
City Designated As Part 1 On Plan 45R15414 Being Part Of Pin
28458-0031 (LT) Municipally Known S 1184 Parkhill Road West,
Peterborough
13-032 Being A By-Law To Appoint Parking Enforcement Officers At 111

Hunter Street (Scotia Bank)
13-033 Being A By-Law To Authorize The Acquisition Of The Land

Described As Part Lot 37 Plan 70Q (North Monaghan) Peterborough
Designated As Part 6 Plan 45R15434 Being Part Of PIN 28475-0058
(LT) And Municipally Known As 967 Parkhill Road West,
Peterborough
13-034 Being A By-Law To Authorize The Transfer Of Property Described

As Part Lot 8 North Of Charlotte Street And West Of George Street,
Registered Plan No. 1, City Of Peterborough Designated As Parts 5
And 6 On Plan 45R15570, Known Municipally As 331 Aylmer Street,
Peterborough To F & I Gateway Investments Inc. Or A New Company
To Be Incorporated
13-035 Being A By-Law To Authorize The Transfer Of Part Lot 8 North Of

Charlotte Street And West Of George Street, Registered Plan No 1,
Cit Of Peterborough Designated As Parts 3 And 4 On Plan 45R15570
To F& I Gateway Investments Inc. Or A New Company To Be
Incorporated For Exchange Of Lands Of Equivalent Value Described
As Part Lot 9 North Of Charlotte Street And West Of George Street,
Registered Plan No.1, City Of Peterborough Designated As Part 2 N
Plan 45R15570
and the said by-laws, having been now read and passed, the Mayor and Clerk be
authorized to sign and seal the same.
-9-
CARRIED
Other Business
There were no items of Other Business.
Confirmatory By-law
Moved by Councillor Parnell, seconded by Councillor Clarke
That the following by-law be read a first, second and third time:
13-036 Being A By-Law To Confirm The Proceedings Of The Council At Its

Meeting Held On March 18, 2013.
and the said by-law, having been now read a third time and passed, the Mayor
and Clerk be authorized to sign and seal the same.
CARRIED
Adjournment
That this meeting of City Council adjourn at 12:43 a.m.
CARRIED
John Kennedy
City Clerk
Daryl Bennett
Mayor

- 10 -


1. Manager, Planning Division

Report PLPD13-016
392 Brock Street Zoning By-law Amendment
That Council approve the recommendations outlined in Report PLPD13-016
dated March 4, 2013, of the Manager, Planning Division, as follows:
a) That Section 3.9 of the Comprehensive Zoning By-Law be amended

to add Exception 277 to permit a bottling establishment with a
maximum floor area of 64m2 that is exempt from the provision of on
site parking.
b) That the zoning of the subject property, be amended from the C.1
Commercial District to the C.1 125 277 Commercial District in
accordance with the draft amendment attached as Exhibit C to
Report PLPD13-016.

Report PLPD13-015
Heritage Park Phase II, Stage 3, 45M-237
Proposed Rezoning to Reduce Side Yard Setbacks

a) That Lots 1-11, 13-15, 39-50, 52-56, 58-64, 84, 85, 87, 88 and 90-102,
Plan 45M-237 be rezoned from R.1,1r,2r-162 to R.1,1r,2r,8y-162 in
accordance with Exhibit A of Report PLPD13-015; and,
b) That Lots 16-21, 23-25, 27-31, 33-35, 37, 38 and 66-83, Plan 45M-237
be rezoned from R.1-162 to R.1,8y-162 in accordance with Exhibit A
of Report PLPD13-015.
Committee at its meeting of March 4, 2013 made the following recommendation.

- 11 -
c) That a holding provision be applied to the lots to require a restrictive

covenant be entered into to ensure that the reduced side yard is not
encumbered.
Council at its meeting of March 18, 2013 adopted the following:
That recommendation c) be amended by removing the holding provision

and read as follows:
c) That a restrictive covenant be applied to affected lots to ensure that

the reduced side yard is not encumbered.

Report PLPD13-014
Official Plan Review
PLAN IT PETERBOROUGH, Phase One Completion

a) That Report PLPD13-014 be received for information purposes;
b) That the report entitled Plan It Peterborough, Official Plan Review,

Potential Policy Directions Report dated March 2013, attached as
Exhibit A to Report PLPD13-014, be adopted as a guide for staff to
use in the preparation of Official Plan amendments to implement the
conclusions of the PLAN IT PETERBOROUGH consultation
campaign;
c) That Council deem Phase 1 of PLAN IT PETERBOROUGH to be

complete; and,
d) That Council direct staff to proceed with the necessary Official Plan
amendments to implement the conclusions of the PLAN IT
PETERBOROUGH consultation as described in Report PLPD13-014.
Submitted by,
Councillor Hall
Chair
March 4, 2013
- 12 -



1. Director, Planning and Development Services

Report PLPD13-013(A)
That Council approve the recommendations outlined in Report PLPD13-

013(A) dated March 5, 2013, of the Director of Planning and Development
Services, as follows:
a) That the presentation of the Director of Planning and Development

Services, the special presentation of the Ontario Lottery and Gaming
Corporation (OLG) and all public delegations be received for
information.
b) That the following resolution be passed if Council supports the

establishment of a casino within the City of Peterborough:
Pursuant to Section 2 of Ontario regulation 81/12 the Council of the

City of Peterborough hereby gives notice to the Ontario Lottery and
Gaming Corporation of the Citys support for the establishment of a
gaming site in the municipality.
c) That the Council express its location preference(s) for a proposed

casino by passing the following resolution, with necessary
modifications to reflect the will of Council:
That the Ontario Lottery and Gaming Corporation be advised that the
City is prepared to give full consideration to an appropriate gaming
site in the following location options as described in Planning Report
PLPD13-013 appended to this report:

- 13 -
Submitted by,
Councillor Hall
Chair
March 5, 2013
Committee of the Whole Report No. 3
To the Council of The City of Peterborough for Consideration at its

Meeting Held March 18, 2013.
The Committee of the Whole as a Result of its Meeting Held on March

11, 2013, Recommends as Follows:
1. Report of Closed Session

Director of Planning and Development Services
Report PLPD13-023
Purchase of Property at 967 Parkhill Road West
That Council approve the recommendation outlined in Report PLPD13-023

dated March 11, 2013 of the Director of Planning and Development
That a by-law be passed to authorize the purchase of part of the property at

967 Parkhill Road West, in the City of Peterborough designated as Part 6 on
Plan 45R-15434, for $87,000 plus land transfer tax of $595.00.
2. Report of Closed Session

Director of Planning and Development Services
Report PLPD13-020
Purchase of the Commercial Press Property, 288-290 Water St.
- 14 -

a) That the Property Acquisition and Improvement project of the 2013

Capital Budget (Reference 7-1.02) be increased by $2,000,000 from
$1,250,000 to $3,250,000 and that the additional amount be funded
by:
i) A transfer of $1,400,000 from the General Property Reserve, and

ii) Short-term debt financing in the amount of $600,000, pending final
disposition of the property.
b) That a by-law be passed to authorize the purchase of 288-290 Water

Street, being Part 2 on Plan 45R9474, for $2,000,000 plus land
transfer tax of approximately $28,475.00 in keeping with the policy
direction of the Official Plan and to facilitate the Central Area Master
Plans Downtown First policy subject to certification and
clarification of the site relating to the Phase I and Phase II Survey.
c) That the Canadian Canoe Museum be encouraged to consider the

suitability of the property during the Museums feasibility study
proves as a potential waterfront location for the Museum in
downtown Peterborough.
3. Director of Planning and Development Services

Report PLPD13-017
Purchase of Property at 1184 Parkhill Road
That Council approve the recommendation outlined in Report PLPD13-017

That a by-law be passed to authorize the purchase of part of the property at

1184 Parkhill Road West, in the City of Peterborough designated as Part 1
on Plan 45R-15414, for $45,000.00 plus land transfer tax of $225.00.
4. Director of Corporate Services

Report CPFS13-014
2012 Council Remuneration Statements
- 15 -
That Council approve the recommendation outlined in Report CPFS13-014

dated March 11, 2013 of the Director of Corporate Services, as follows:
That the 2012 Remuneration Statements for Council Members and Council
appointees to boards, as set out in Appendix A to Report CPFS13-014,
dated March 11, 2013 of the Director of Corporate Services, be received for
information.

Report CPFS13-015
2012 Investment Report
That Council approve the recommendation outlined in Report CPFS13-015

dated March 11, 2013, of the Director of Corporate Services, as follows:
That the 2012 Investment Report be received for information.
6. City Clerk
Report CPCLK13-004
Appointment to Arts, Culture and Heritage Committee
That Council approve the recommendations outlined in Report

CPCLK13-004 dated March 11, 2013, of the City Clerk as follows:
That Tori Owen, be appointed to the Arts, Culture and Heritage Advisory
Committee, as the representative of the Electric City Culture Council, for a
term from March 19, 2013 to November 30, 2014.
7. Director of Utility Services

Report USDIR13-001
Approval to Post Environmental Study Report
Widen/Reconstruct Chemong Road/Reid Street from Parkhill
Road West to the Parkway Right-of-Way
That Council approve the recommendation outlined in Report USDIR13-001

dated march 11, 2013, of the Director of Utility Services as follows:
a) That the presentation by AECOM on the matter of the Class

Environmental Assessment to Widen /Reconstruct Chemong
Road/Reid Street be received;
- 16 -
b) That staff finalize the Class Environmental Assessment to

Widen/Reconstruct Chemong Road/Reid Street and post the ESR for
public review for the mandatory 30-day public review period in
accordance with the provisions of the Municipal Class
Environmental Assessment process; and
c) That staff notify owners of property identified for full or partial

acquisition of the Study outcome and commence negotiations to
acquire identified properties.
8. Director of Community Services

Report CSD13-005
2012 Annual Report Card in Sustainable Peterborough
That Council approve the recommendation outlined in Report CSD13-005

dated March 11, 2013, of the Director of Community Services, as follows:
That the presentation on the Sustainable Peterborough 2012 Report Card,

by Ken Doherty, Chair of Sustainable Peterborough, be received for
information.

Report CSD13-003
Award of RFP P-07-13 Design-Build Services for Nicholls Oval
Splash Pad
That Council approve the recommendations outlined in Report CSD13-003

dated March 11, 2013, of the Director of Community Services, as follows:
a) That the Capital Budget for the Nicholls Oval Splash Pad Project
(2013 capital project budget 6-7.02)be increased by $43,600 for a total
project budget of $248,600, which represents a contribution of
$20,900 from the Citys Accessibility Fund and $22,700 new
additional fundraising from the Nicholls Oval Neighbourhood
Association, and
b) That Request for Proposals Document P-07-13 to design-build

Nicholls Oval splash pad is awarded to A.B.C. Recreation Ltd., 60
Curtis Avenue North, Paris, Ontario, N3L 3V3 at a cost of $229,984.38
and HST of $29,737.09 for a total cost of $258,483.97.
- 17 -
10. City Solicitor and Director of Legal Services

Report OCS13-001
Mandatory Food Handler Certification By-law
That Council approve the recommendations outlined in Report OCS13-001

dated March 11, 2013, of the City Solicitor and Director of Legal Services,
as follows:
That the certification of food handlers as described in Appendix B to

Report OCS13-001 be effective:
a) January 1, 2014 in high-risk food premises; and
b) January 1, 2015 in moderate-risk food premises.

Report USPW13-005
Award of RFP P-05-13 for the Management of Canada Geese in
Del Crary Park and the Little Lake Shoreline
That Council approve the recommendation outlined in Report USPWS13-

005 dated March 11, 2013, of the Director of Utility Services, as follows:
That Request for Proposal P-05-13 for The Management of Canada Geese in
Del Crary Park and the Little Lake Shoreline be awarded to The Steritech
Group Corp., 8699 Escarpment Way, Unit 11, Milton, Ontario L9T 4N9 at a
total cost of $108,300 plus HST of $14,079 for a total cost of $122,379 for
the five-year period 2013 to 2017 inclusive.
Submitted by,
Councillor Parnell
Vice Chair
March 11, 2013

Exhibit E
This is Exhibit "E" referred to in the Affidavit of K. Roy Brady
sworn August !:I!!'!: , 2017
leigh Ann Klghtley,

Ontariofor H. Girvin Devitt,
8/2/2017 GREAT CANADIAN GAMING AWARDED FIRST BUNDLE IN ONTARIO GAMING MODERNIZATION PROCESS - Great Canadian Gaming Cor
Map (Great
(http://www.linkedin.com/company/great-canadian-
Canadian
gaming-corporation)
(https://gcgaming.com/)
Gaming
Corporation/map/)
(https://www.facebook.com/GreatCanadianGaming/)
(https://twitter.com/grtcanadian)
(https://www.youtube.com/channel/UCocmDJO4EXY-1-
qPaaGiUCQ)
GREAT CANADIAN GAMING AWARDED FIRST BUNDLE IN ONTARIO GAMING

MODERNIZATION PROCESS
September 9, 2015 Richmond, BC Great Canadian Gaming Corporation [TSX:GC] (Great Canadian or the Company) announced today that Ontario Gaming
East Limited Partnership (Ontario Gaming East LP or the Partnership), a partnership in which the Company owns a 50.1% share, was selected as the successful
proponent by the Ontario Lottery and Gaming Corporation (OLG) to operate gaming facilities in OLGs Gaming Bundle 2 (East) (the East Gaming Bundle).
The East Gaming Bundle contains three gaming zones. The rst gaming zone includes the township of Cavan Monaghan, the City of Peterborough and
surrounding areas, and is currently served by OLG Slots at Kawartha Downs. The second gaming zone includes a new build opportunity to service the City of
Belleville and the municipality of Quinte West. The third gaming zone includes the City of Kingston and surrounding areas, including Gananoque and Leeds and
Thousand Islands, and is currently served by OLG Casino Thousand Islands. Additional details about the current and planned scopes of the gaming operations in
these zones are included in a supplemental schedule to this release.
As a result of being awarded this opportunity, Ontario Gaming East LP signed a business transition and asset purchase agreement with OLG on September 8,
2015 and, subject to customary closing conditions, is committed to subsequently signing a 20-year casino operating and services agreement when the acquisition
closes early next year. Under this agreement, Ontario Gaming East LP will acquire all of OLGs gaming assets in the East Gaming Bundle, including OLG Casino
Thousand Islands and the slot operations within leased space at Kawartha Downs. The purchase price is $37.4 million plus cash of approximately $13 million to
cover working capital.
Under the planned casino operating and services agreement, Ontario Gaming East LP will operate the gaming facilities in the bundle and will provide OLG a pre-
established, guaranteed annual payment. In return, the Partnership will receive an annual fee comprised of, among other components, an annual base fee as
well as 70% of gross gaming revenue above the applicable pre-established amount for each year. Additional, speci c details about the casino operating and
services agreement and this planned nancial arrangement are not permitted to be disclosed at this time under the terms of OLGs procurement process.
The closing date for the acquisition of the assets and undertaking contained within the East Gaming Bundle and assumption of certain liabilities from OLG,
including the signing of a
Great Canadian Gaming Awarded First Bundle in Ontario Gaming Modernization Process casino operating and services agreement with OLG, is expected to be
completed in the rst quarter of 2016 to allow time for transition planning and is subject to both regulatory approvals and the satisfaction of certain other
customary closing conditions. The Company also intends to enter into an operations management contract and a facility development contract with Ontario
Gaming East LP under which the Company will earn associated fees for the provision of such services.
MORE
We thank OLG for the opportunity to participate in the modernization of gaming in Ontario and are both honoured and excited to have been awarded this rst
gaming bundle, stated Rod N. Baker, the Companys President and Chief Executive O cer. Great Canadian has been involved in gaming in Canada since 1982
and in Ontario horse racing at our Flamboro Downs and Georgian Downs properties since 2005. We look forward to this next chapter in the Companys history
and the opportunity to collaborate with the OLG and local municipalities to provide exciting entertainment experiences for each of the communities of the East
Gaming Bundle, which will include a new gaming and entertainment facility for the community of Belleville or Quinte West. We are very excited to welcome OLG
employees at the existing locations and we look forward to working with them after the anticipated completion of the acquisition early next year.
https://gcgaming.com/great-canadian-gaming-awarded-first-bundle-in-ontario-gaming-modernization-process/ 1/3
ABOUT GREAT CANADIAN GAMING CORPORATION

Great Canadian Gaming Corporation operates gaming, entertainment and hospitality facilities in British Columbia, Ontario, Nova Scotia, and Washington State.
The Companys 16 gaming properties consist of three community gaming centres, four racetracks (two with casinos operated by the Company and two with slot
facilities conducted, managed and currently operated by the Ontario Lottery and Gaming Corporation), and nine casinos, including one with a Four Diamond
resort hotel. Further information is available on the Companys website, www.gcgaming.com.
DISCLAIMER
This press release contains certain forward-looking information or statements within the meaning of applicable securities legislation. Forward-looking
information is based on the Companys current expectations, estimates, projections and assumptions that were made by the Company in light of its historical
trends and other factors. All information or statements, other than statements of historical fact, are forward-looking information including statements that
address expectations, estimates or projections about the future, the Companys strategy for growth and objectives, expected future expenditures, costs,
operating and nancial results, expected impact of future commitments, and expectations and implications of changes in legislation and government policies.
Forward-looking information may be identi ed by words such as anticipate, believe, expect, or similar expressions. Such forward-looking information is not a
guarantee of future performance and may involve a number of risks and uncertainties.
Although forward-looking information is based on information and assumptions that the Company believes are current, reasonable and complete, they are
subject to unknown risks, uncertainties, and a number of factors that could cause actual results to vary materially from those expressed or implied by such
forward-looking information. Such factors may include, but are not limited to: terms of operational services agreements with lottery corporations; changes to
gaming laws that may impact the operational services agreements, pending, proposed or unanticipated regulatory or policy changes; the outcome of
restructuring of gaming in Ontario; the Companys ability to obtain and renew required business licenses, leases, and operational services agreements; the future
of horse racing in Ontario; unanticipated nes, sanctions and suspensions imposed on the Company by its regulators; impact of global liquidity and credit
availability; actual and possible reassessments of the Companys prior tax lings by tax authorities; adverse tourism trends and further decreases in levels of
travel, leisure and consumer spending; competition from established competitors and new entrants in the gaming business; dependence on key personnel; the
Companys ability to manage its capital projects and its expanding operations; the risk that systems, procedures and controls may not be adequate to meet
regulatory requirements or to support current and expanding operations; potential undisclosed liabilities and capital expenditures associated with acquisitions;
negative connotations linked to the gaming industry; First Nations rights with respect to some land on which we conduct our operations; future or current legal
proceedings; construction disruptions; nancial covenants associated with credit facilities and long-term debt; credit, liquidity and market risks associated with
our nancial instruments; interest and exchange rate uctuations; non-realization of cost reductions and synergies; demand for new products and services;
uctuations in operating results; economic uncertainty and nancial market volatility; technology dependence; and privacy breaches or data theft. The Company
cautions that this list of factors is not exhaustive. Although the Company has attempted to identify important factors that could cause actual actions, events or
results to di er materially from those described in forward-looking information, there may be other factors that cause actions, events or results not to be as
anticipated, estimated or intended. These factors and other risks and uncertainties are discussed in the Companys continuous disclosure documents led with
the Canadian securities regulatory authorities from time to time, including in the Risk Factors section of the Companys Annual Information Form for scal 2014,
and as identi ed in the Companys disclosure record on SEDAR at www.sedar.com.
Readers are cautioned not to place undue reliance on the forward-looking information, as there can be no assurance that the plans, intentions, or expectations
upon which they are based will occur. The forward-looking information contained herein is made as of the date hereof, is subject to change after such date, and
is expressly quali ed in its entirety by cautionary statements in this press release. Forward-looking information is provided for the purpose of providing
information about managements current expectations and plans and allowing investors and others to get a better understanding of the Companys operating
environment. The Company undertakes no obligation to publicly revise forward-looking information to re ect subsequent events or circumstances except as
required by law.
ON BEHALF OF GREAT CANADIAN GAMING CORPORATION

Original Signed By Rod N. Baker
___________________________
Rod N. Baker
President and Chief Executive O cer
GREAT CANADIAN GAMING CORPORATION [TSX:GC] 95 Schooner Street

Coquitlam, BC
V3K 7A8
(604) 303-1000
Website: www.gcgaming.com
For enquiries:
Email: ir@gcgaming.com
or
Ms. Tanya Ruskowski
Executive Assistant to the President & CEO and the CFO
(604) 303-1000
For media enquiries:

Mr. Chuck Keeling
Vice-President, Stakeholder Relations and Responsible Gaming
(604) 247-4197
Exhibit F
This is Exhibit "F" referred to in the Affidavit of K. Roy Brady
sworn August f#::.. , 2017
leigh AnnKightley,
a Commissioner, eto., Province of
Barrister andSolicitor.
254 059
$,I
GREAT CANAD IAN GAMING CORPORA.TI CN

GREAT CANADIAN GAMING AWARDED FIRST BUNDLE IN ONTARIO GAMING
MODERNIZATION PROCESS
- -
September 9, 2015 Richmond, BC Great Canadian Gaming Corporation ISX:GCI
("Great Canadian" or "the Company") announced today that Ontaiio Gming fat limtetj
Partnership ("Ontario Gaming East LP" or "the Partnrship"), partnershif in which the
Company owns a 50.1% share, was selected as the succssful proponent by the Ontario
Lottery and Gaming
_Corporation ("oLG") to operate gaming facilities n O[G's Gaming
Bundle 2 (East) (the "East Gaming Bundle").
g..tGaqrng Bundle contains three gaming zones, The first gaming zone includes the
Jn"
township of Cavan Monaghan, the City of Peterborough and snounding areas, and is
currently served by OLG Slots at Kawartha Downs. Th second gaming ione includes a
new build opportunity to service the City of Belleville and the municipalitly of euinte West.
The third gaming zone includes the City of Kingston and surrounding areas, including
Gananoque and Leeds and Thousand lslands, and is cunently seru. by OLG Casin
Thousand lslands, Additional details about the current and planed scopes of the gaming
operations n these zones are included in a supplemental schedule to this release.
As a result of being awarded this opportunity, Ontario Gaming East LP signed a business
transition and asset purchase agreement with OLG on Septerbe 8, 201 and, subject to
customary closing conditions, s committed to subsequently signing a 21-y;ear asno
operating and services agreement when the acquisition closei eaily nxt year. Under this
agreement, Ontario Gaming East LP will acquire all of OLG's gaming asets in the East
Gaming Bundle, including OLG Casino Thousand lslands and the slot operations within
leased space at Kawartha Downs. The purchase price is $37.4 million plus cash of
approximately $13 million to cover working capital.
Under the planned cas-ino operating and services agreement, Ontario Gaming East Lp will
operate the gaming facilities in the bundle and will provide OLG a pre-established,
guaranteed annual payment. ln return, the Partnership wilireceive an annuatfee comprised
of, among other components, an annual base fee as well as 70o/o of gross gaming reenue
above ,the applicable pre-established amount for each year. Addiional,'specic details
about the casino operating and services agreement and this planned financiai arrangement
are not permitted to be disclosed at this time under the terms of OLG's procr.ement
process.
The closing date for the acquisition of the assets and undertaking contained within the East
Gaming Bundle and assumption of certain liabilities from OlG,-including the signing of a
Greal Cartadian Gatttitlg o',"'3:,![Ji.i]':?j: Gaming lloderltization Process
059
tuz3il 060
Allan Seabrooke - Fwd: East Gaming Bundle RFP Announcement - peterborough 90
From: Daryl Bennett

To: Allan Seabrooke; Malcolm Hunt
Date: O9/09/2olS 10:22 AM
Subiect: Fwd: East Gaming Bundle RFp Announcement - peterborough
Attachments OLG BG_East Bundle Sp Announcement_FlNAl,pdf; OLG NR East Bundle
Sp Announcement
FINAL.pdf; GCGC Awarded First Eundle in Ontario Gaming Modernization process
FINAL.pdf
This is not the group we met with in June.This is the other one
we met with late in 2014.They had called about
rneeting maybe 2 weeks ago looking to set something up mid
Sept !!!
It will be interesting,my notes indicate they too r"r" int"r"rtea only
in a city location if it was available.
D
The City of Peterborough has a new toll free phone number:lElI 73g 37s5> > > Jake pastore
<JPastore@OLG.CA> 2015-09-09 9:16 AM > > >
Mayor Daryl Bennett and CAO Brian Horton,
Here you go Mayor....please call me with any questions....thanks
ry
Giacomo (lake) Pastore
Dlrector, Munlcipal and Communlty Relatlons
Office of the President and CO
Phone: 4l 6-224-7042
l,toUll.: !f
Emall: Jpastorg@olg,ca
A Proud Community partner
060
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PTBOCTY H... 23109/2016
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Allan Seabrooke - Re: Casino Matter 96
From: Allan Seabrooke

To: Malcolm Hunt
Date: 27/08/2015 4:48 PM
Subject: Re: Casino Matter
Excting news Malcolm. Could not be coming at a better tme. I saw the Mayor's response
and since he has a meetng
set ttp, as noted, we can just wait to see the outcome and proceed following his meeting.
Allan K. Seabrooke B.Sc. M.Sc. AMCT

Chief Administrative Officer
City of Peterborough
Bus. (705 1742-7777 Ext.1810
tax. 17051 749-6687
a sea brook e lol peterborou g h.ca
>>> Malcolm Hunt 2015-08-27 3:40 pM >>>

Within the last 24 hours I have had a representative from each of Great Canadian Gaming and
Gateway Casinos call, It
seems that within the next 2 weeks the successful proponent for the Eastern bundle will
be announced. It was asked of
me if the Cty was prepared to advance the zoning for one or more of the acceptable sites now
to accelerate the process
and give greater certanty to an outcome. I indicated that Council had not directed us to go
that far but neither has
council said they will only zone property once a bidder is selected. I believe the logic
has been:
1' there was no point making the zoning a clear election issue durng the municipl campaign of 2ot4 and potentially
risk it due to electioneering.
2' there ws no point in putting Peterborough through a diffcult process if the successful proponent hadn,t
even
picked a City-based site.
I would appreciate your thoughts on whether advancing the zoning process

is n the City's interests or if we should wat
for one proponent to be selected and one site to be confirmed - elpecally given that this announcement
may be just a
couple of weeks away.
Malcolm Hunt
City of Peterborough.
Bus.005) 742-7777 ext. 1809
Toll Free L-855-738-3755
Fax. (705) 52L8
mhunt@peterborou gh,ca
061
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062
'"Tdg"
Allan Seabrooke - Re: Casino Matter
94
To: Daryl Bennett
Date: 27/08/2oIs 4:51PM
SubJect: Re: Casino Matter
Allan K. Seabrooke 8.5c. M.Sc. AMCT

Chief Administrative Off icer
Bus. (705 )742-7777 Ext. 1810
Fax.005l' 749-6681
asea b roo ke@ Oetertro roucl h.c a
> >> Daryl Benne 2OIS-OB-21 4:24 pM >>>

Malcolm
>>> Malcolm HuntS/27/2015 3:40:05 pM >>>

Within the last 24 hours I have had a representative from each of Great Canadian Gaming and Gateway Casinos
call' It seems that within the next 2 weeks the successful proponent for the Eastern bundle wll be announced. It
was asked of me if the City was prepared to advance the zoning for one or more of the acceptable sites now to
accelerate the process and give greater certanty to an outcome. I indicated that Council had not directed us to
go that far but neither has council said they will only zone property once a bidder is selected. I believe the logic
has been:
1. there was no pont making the zoning a clear election issue during the municipal campaign of 20L4 and
potentially risk it due to electioneering.
2, there was no point in puttng Peterborough through a difficult process if the successful proponent hadn't
even picked a City-based site.
I would appreciate your thoughts on whether advancing the zoning process is in the City's interests or if we
should wait for one proponent to be selected and one site to be confirmed - especialfy given that this
announcement may be just a couple of weeks away.
062
file://C:\Users\dwagner\AppData\Local\Temp\XPgrpwise\56091615CTY PTBOCTv H... 2010912016
,Y?6,, 063
95
Malcolm Hunt
Director, Planning and Developrnent Services
C'ty of Peterborough.
Bus. fi05l 7 42-7771 ext. 1809
Toll Free 1-855-738-3755
Fax,0O5l742-52L8
m hunt@ peterborough.ca
063
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ot o-os,zo Mal colm Hunt - RE: Touching base -Pgs"
_rcg
064 I
86
From: Terrance Doyle <tdoyle@gcgaming.com>
To: 'Malcolm Hunt'<MHunt@peterborugh.ca>
GC: Jim McGrogan <jmcgrogan@gcgaming,com>, Vic poleschuk
<vpoleschuk@gcg arnin...
Date: -,2015.09.1i| 3:S2 pM
Subject RE: Touching base
Great to hear from you Malcolm, it's a very exciting time and we look forward to working
with you and your team as we move ahead in peterborough,
I'll be finishing up our plan for the next 30 days this weekend and would very much like
to drop in and meet with yourself and the key members of your staff that would be
driving any application we submit forward.
lf it works for you, perhaps I could send some dates off showing when I'll be in Ont so
we ca try to set up a meeting?
Thanks again Malcolm, please feel free to contact me if there is anything I can help you
with.
Terrance
Terrance Doyle
Chief Operating Officer
Great Canadian Gaming Corp.
604 551-4338
---Original Message--:
From: Vic Poleschuk
Sent: Friday, September 11r,2015 12:46 pM
To:'Malcolm Hunt'
Cc: Jim McGrogan; Terrance Doyle
Subject: RE: Touching base .
Malcolm
Thanks for the note and sorry that we missed connecting by phone. I believe that I
mentioned in my voice mailthat our Transition team is gin to be led by Terrance
Doyle, who is our Chief Operating Officer for Great caOan. The first'order of priority
is the p-lanning of taking over the-operations of the existing gaming operaons at
Kawartha and Thousand lslands in Q1 2016 so it will likefi 6e soetime down the road
bef9r9 any longer term facility/location planning is done. hanks again for all of your
assistance over the past year or so, and, we'll be in touch.
064
l(zot-09,26) M alcolm Hunt - RE Touchlng base
!l0 065
Pege 2
By copy of this email, I am connecting you up with rerrance. Thanks again B?

Vic
---Orig inal Message---

From: Malcolm Hunt [mailto:MHunt@peterborough.ca]
Sent Friday, September 11 ,201512:36 pM
To:Vic Poleschuk
Cc: Jim McGrogan
Subject: RE: Touching base
Vic:
I received your detailed voice mail message with the explanation of how your business
life has recently unfolded. Totally understandable.
Congratulationsl A gruelling process you have met head on and won - and you must
have had many moments of second thoughts, We will be pleased to engage as soon as
you are ready and look fonrard to the task that lays ahead. Be assured that we will
work with you on behalf of the positive direction City Council has taken on this matter.
Malcolm Hunt
Director, Planning and Development services city of peterborough.
Bus, (705) 742-7777 ext. 1809
Toll Free 1-855-738-3755
Fax. (705) 742-5218
mhunt@peterborough. ca
>>> Vc Poleschuk <vpoleschuk@gcgamin g.com> 2015-08-3011:28 AM >>>

Malcolm
Will check availability on our side and be back to you. Also, Jim and I will likely be out
your way in the second week of September so we can also plan to stop by in person.
Vic
---Original Message-----
From : M a lcolm H unt [ma ilto : MH unt@peterboroug h. ca]
Sent: Friday, August 28,2015 g:38 AM
To: Vic Poleschuk
Cc: Jim McGrogan
Subject: RE: Touching base
065
[@oio-oe.lofngc91mlunr-R:roucn-insbase |1j nse
066s i
88
How about next Friday at 10:00? The Mayor and I are at the Peterborough airport at g
?Tl9r a funding announcement and then the Mayor is leaving to go out t town at
10:30. We will call you from the Airport and so if ihe time woi<s cn you also provide
the best number to reach you at,.
Malcolm Hunt
recto peterboro
I I ry _qnd Develop ment services city of
D i r, lg i
u gh
_P
Bus. (705) 742-7777 ext. 1809
Toll Free 1 -855-738-3755
Fax. (705) 742-5218
mhunt@peterborou g h.ca
>>> vic Poleschuk <vpoleschuk@gcgaming. com> 201

5-og-29 11 :4g AM >>>
Malcolm
So.rry for not responding yesterday, Tuesday is a not a good day for us. Can we push
to later in the week next week. Friday September 4th would wor best if possible,
Thanks.
Vic
----Orig inal Message----

From : Malcolm Hunt [m a ilto M H u nt@peterboroug
: h, ca]
Sent: Friday, August ZB,2O,l5 8:35 M
To: Vic Poleschuk
Cc: Jim McGrogan
Subject: Re: Touching base
I sent some times next Tuesday but have yet to hear from you. Demands on the
mayor's schedule are pretty intense. lt would be good to lck it down. How about 11:00
am our time?
Malcolm Hunt
Director,_Ptglpiqro Development services city of peterborough
_and
Bus, (705) 742-7777 ext. 1809
Toll Free 1-855-738-37Ss
Fax. (705) 742-5218
mh unt@peterborough.ca
066
|zqt,q-oe!-q-1y1p9rngd - n: roucins base 1 12 067
B9
>>> Vic Poleschuk <vpoleschuk@gcgami ng.com> 2015-08-27 11:22AM >>>

Malcolm
Hope that you have had a great summer. ls it possible to arrange a short update catl
with the Mayor and yourself with Jim McGrogan and myself ovei the next few days,
We'd like to take 20 minutes or so and just touch base on the OLG RFP process and
current status. Many thanks.
Vic
Sent from my iPhone
Notice Regarding Confidentiality of Transmission
This message is intended only for the person to whom it is addressed and may contain
information that is privileged and confidential. lf you are not the intended recipient, you
are hereby notified that any dissemination or copying of this is prohibited. Please notifu
-
us of the error in communication by telephone (604) 303-1000 or by return e-mail and
destroy allcopies of this communication. Thank you.
are hereby notified that any dissemination or copying of this is prohibited. Please ntiry
-
destroy all copies of this communication. Thank you.
are hereby notified that any dissemination or copying of this is prohibited, Please ntify
-
Notice Regarding Confidentiality of Transmssion
are hereby notified that any dissemination or copying of this is prohibited. Please ntify
us of the error in communication by telephone (604) 303-1000 or by return e-mail and-
067
t"Zdft t 068
Allan Seabrooke - Re: OLG Mayor's Session, Oct. g B5

To: Brendan Wedley
Date: 2I/09/20LS 4:18 PM
SubJect: Re: OLG Mayor's Session, Oct.8
Thanks Brendan, t have passed on to Malcolm to see if he and/ or one of his staff can attend.
Allan K. Seabrooke B,Sc. M.Sc. AMCT

Chief Administrative Officer
Bus. (705 1742-7777 Ext. 1810
Fax. 005) 749-6687
asea brooke@ oet_erbo ro_uq h.ca
>>> Brendan Wedley 2015-09-2i.2:09 pM >>>

HiAllan,
OLG director of municipal and community relations iake Pastore called to invite the Mayor plus one staff
member to an information session for Mayors in our Gaming Bundle from 10am to noon on Thursday, Oct. g
in
Belleville at City Hall.
unfortunately, the Mayor can't attend since he has the coPHI meeting that day and they,ll be discussing the
Peterborough Distribution Inc. item.
We checked with Pastore, and it would be acceptable for them if we had two staff members attend the session.
oLG and Great Canadian will have representatives at the meeting. They will be discussing process, agreements
and how employees will be affected by the changes. Peterborough, Cavan Monaghan, Leds B Grenville,
Gananoque and Bellevitle have been invited to attend.
If there is someone who can attend, can you send me the name or names? I will confirm with pastore.
Thanks,
Brendan
068
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I (zolog-zo) Matc-otm t-iuni - Re:-asino
_ j13 069
P_qee1l
84
From: Daryl Bennett
lo: Hunt, Malcolm <MHunt@peterborough.ca>
Date: 2015;10-10 7;08 AM
Subject: Re: Casino
That is good news. I believe the only logical place for the Casino is within the City
boundaries.
The time lines will be interesting. We may have to deal with DBIA as part of allthis
Thus my attention to downtown matters.
D
>>> Malcolm Hunt 10lgl2115 9:48: 05 PM >>>
Malcolm Hunt
Bus. (705) 742-77t7 ext. 1809
Toll Free 1-855-738-3755
Fax. (705) 742-521A
mhunt@peterboroug h.ca
069
I tzot o-o 9-26) Malcolm Hunt - R Epglsibe meeting 1 1Ll_age tJ
070
7?
From: Chuck Keeling <ckeeling@gcgaming.com>
lo: 'Malcolm Hunt' <MHunt@peterborough. ca>
Date: 2815-11116 3:59 PM
Subject: RE: possibe meeting
Great, thanks. We wll make 2:30 work, lt will be Rod Baker, our
EO, and Terrance
Doyle, our COO, attending.
Chuck
Chuck Keeling
Vice President, Stakeholder Relations and
Responsible Gaming
Great Canadian Gaming Corporation
150 - 8831 River Road
Richmond, BC VOX 1Yo
Direct 604.247.4197
Cell 778.874.4942
ckeeling @gcgaming.com
-----Original Message-:--
From : M alcolm H unt [mailto: MHunt@peterborough.ca]
Snt: Monday, November 16,201S tZ:S plr
To: Chuck Keeling
Subject RE: possibe meeting
we can make next.wednesday afternoon work - say, 2:30 or 3:00. The Mayor has a
late afternoon meeting and we are also reviewing th 2016 budget each evning of next
week until it is done,
Malcolm Hunt
Director,_Planning and Development services city of peterborough.
Bus. (705) 742-7777 ext. 1809
Toll Free 1 -855-738-3255
Fax. (705) 742-5218
mh unt@peterboroug h. ca
>>> chuck Keeling <ckeeling@gcgaming,com> zo15-11-16 3:01 pM >>>

Malcolm- my apologies even atiing for this, but any chance of switching the meeting to
070
Llzo 16-09,26) Malcolm Hu nt - RE: possibe rnetng 11S 071
P"s_g 2 I
?8
next Wednesday afternoon?
Chuck
Chuck Keeling
Vce President, Stakeholder Relations and Responsible Gaming Great Canadian
Gaming Corporation
Richmond, BC V6X 1Y6
Direct 604.247.4197
Cell 778.874.4942
ckeelin g@gcg amin g, com
----Original Message---
Sent Friday, November 13,2015 10:264M
To: Chuck Keeling
9nu.!, why don't we say 10 am next Friday (the 27th). That way you have travel time
from Toronto in the morning or if you stay in Peterborough the nirt before you might
even get a leisurely breakfast. lt also gives you travel option for the afternoon and
evening. lf you confirm your travel plans and wish to start a little earlier or later just let
us know.
Malcolm Hunt
Bus. (705) 742-7777 ext. 1809
Toll Free 1-855-738-3755
Fax. (705) 742-5218
>>> chuck Keeling <ckeeling@gcgaming.com> zo15-11-19 11:41 AM >>>

That works Malcolm, and to be respectful of your schedule, feel free to suggest a time
for the 27th that willwork for you and we will take it,
Thanks.
Chuck
071
, ( z _o_19:o s49I M el_.g!1 Hunt - RE: possibe meeting es"
_1_t O_ s-l
072
Chuck Keeling
?5
Vice President, Stakeholder Relations and Responsible Gaming Great Canadian
Gaming Corporation
Richmond, BC V6X ly6
Direct 604.247.4197
Ce\|778.874,4942
ckeeling@gcgaming. com
From : Malcolm H u nt.[mailto;mhunt@peterborough. ca]
Sent: Friday, November 13, ZOIS g:'0 nM
To: Chuck Keeling
Subject: Re: possibe meeting
The Mayor's office is.telling me that others are attempting to book time with the
mayor
on the two days I indicated were good yesterday. Are you of the view
that I should
release the 23rd?
> on Nov '12,201s, at b:00 pM, chuck Keeling <ckeeling@gcgaming.com> wrote:

> OK, thanks Malcolm; wll get back to you shortly,
but I'm thinking the 27th is likely
preferable,
> Chuck
> Chuck Keeling

> vice President, stakeholder Rerations
and Responsible Gaming Great
> Canadian Gaming Corporation
> 150 - 8831 River Road
> Richmond, BC V6X ly6
> Direct 604.247,4197
> Cell778.874.4942
> ckeeling@gcgaming.com
> -:--Original Message----

> From: Malcolm Hunt
[mailto:MHunt@peterborough.ca]
> Sent: Thursday, November 12, ZOj li:07 pM
> To: Chuck Keeling
> s ubject =? utf-8 ?B? u m u6 I H Bvc3 Npym u g b\wld
Gl sf====! >
> Chuck:
072
Az 016-0q26) \{a!_c_olp Hunt - RE: possibe meeti ng
_i_1T lqq.073
1 I
80
]-T.heJvlayor and I are available all day on November 23rd (Monday) and November
27th (Friday).
Malcolm Hunt
Director,_PqlLg and Development services city of peterborough
Bus. (705) 742-7777 ext. 1809
Toll Free 1-855-738-3755
Fax. (705) 742-521s
mh unt@peterbo ro ugh. ca
> Hi Malcolm; you may recall metg Ancl'y LaCroix

and myself at the OLG meeting
severalweeks ago in Belleville.
> lw^-hoRing to arrang.e a meeting forAndy, our COO

Terrance Doyle, and possibly
our CEo Rod Baker, with yourself, ine Uayor, or anyone else you Oem appropriateio
we can discuss further our possible short term and lng term plans. lf you re agreeable
to that, could I suggest something on November 23rd, ir," zot'n, o 27thz
> Thanks.
> Chuck
> Chuck Keeling

>-Vice President, Stakeholder Relations and Responsible Gaming Great Canadian
Gaming Corporation
> 150 - 8831 River Road
> Richmond, BC VGX 1y6
> Direct 604.247.4191
> Ce1|778.874.4942
> ckeeling@gcgaming.com<mailto :ckeeling@gcgaming,com>
> [twitte r] < http //www. twitte r. com/G RTC

:
anad i an >
> Notice Regarding Confidentiality of Transmission
t TlE me-ssage is inlended

9l!y for the person to whom it is addressed and may
contain informaton that is privileged anci confidenal. lf you are not the intended
recipient, you are hereby notifiedthat any dissemination or copying of this prohibited,
is
073
[1zoto.os.'-zg rrlqlm nnt ne. posie meet o
119 Pagesl
074
B1
Please notifu us of the error in communication by telephone (604) 303-1000 or
by return
e-mail and destroy all copies of this communication. lnank ybu. '
t Tf ig me-ssage is intended only for the person to whom t is addressed and may
contain information that is privileged and confidential. lf you are not the intended
recipient, you are hereby notified that any disseminatioior copying of this is prohibited.
Please notfy us of the error in communiiation by telephone
tdol os-tooo or by return
e-mail and destroy all copies of this communication. inanr yu, '
This message is intended only for the person to whom it is addressed

and may contain
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'or 1""r" ntity
us of the error in communication by telephone
toliOg-1000 by return e-mail and
destroy all copies of this communiation, fhan yo.
Notice Regarding Confidentialig of Transmission
his message is intended only for the person to whom it is addressed and may contain
information that is privileged nd confi.ential. lf you are not the intended
recipient, you
are hereby notified that any dissemination or coiying of this is proniuite.
u" ntrv
us of the error in communication by telephone ()i03-1000 br uy
destroy all copies of this communiation, Than yo.
*trin e-mail and
This message s intended only for the person to whom it is addressed

and may contain
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are hereby notified that any dissemination or cofying of this is prohibited. please
notify
us of the error in communication by telephone (+)iog-tooo
br uy return e-mail and
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074
Exhibit G
This is Exhibit "G" referred to in the Affidavit of K. Roy Brady
sworn August If!!:': , 2017
leigh Ann Klghtley,

Ontario for H. GirvinDevitt,
Barrister and SoIicltor.
I tzot o-o 9-26) Malcolm Hunt - R Epglsibe meeting 1 1Ll_age tJ
070
7?
From: Chuck Keeling <ckeeling@gcgaming.com>
lo: 'Malcolm Hunt' <MHunt@peterborough. ca>
Date: 2815-11116 3:59 PM
Great, thanks. We wll make 2:30 work, lt will be Rod Baker, our
EO, and Terrance
Doyle, our COO, attending.
Chuck
Chuck Keeling
Vice President, Stakeholder Relations and
Responsible Gaming
Great Canadian Gaming Corporation
Richmond, BC VOX 1Yo
Direct 604.247.4197
Cell 778.874.4942
ckeeling @gcgaming.com
-----Original Message-:--
From : M alcolm H unt [mailto: MHunt@peterborough.ca]
Snt: Monday, November 16,201S tZ:S plr
To: Chuck Keeling
Subject RE: possibe meeting
we can make next.wednesday afternoon work - say, 2:30 or 3:00. The Mayor has a
late afternoon meeting and we are also reviewing th 2016 budget each evning of next
week until it is done,
Malcolm Hunt
Director,_Planning and Development services city of peterborough.
Bus. (705) 742-7777 ext. 1809
Toll Free 1 -855-738-3255
Fax. (705) 742-5218
mh unt@peterboroug h. ca
>>> chuck Keeling <ckeeling@gcgaming,com> zo15-11-16 3:01 pM >>>

Malcolm- my apologies even atiing for this, but any chance of switching the meeting to
070
Llzo 16-09,26) Malcolm Hu nt - RE: possibe rnetng 11S 071
P"s_g 2 I
?8
next Wednesday afternoon?
Chuck
Chuck Keeling
Vce President, Stakeholder Relations and Responsible Gaming Great Canadian
Gaming Corporation
Richmond, BC V6X 1Y6
Direct 604.247.4197
Cell 778.874.4942
ckeelin g@gcg amin g, com
Sent Friday, November 13,2015 10:264M
To: Chuck Keeling
9nu.!, why don't we say 10 am next Friday (the 27th). That way you have travel time
from Toronto in the morning or if you stay in Peterborough the nirt before you might
even get a leisurely breakfast. lt also gives you travel option for the afternoon and
evening. lf you confirm your travel plans and wish to start a little earlier or later just let
us know.
Malcolm Hunt
Bus. (705) 742-7777 ext. 1809
Toll Free 1-855-738-3755
Fax. (705) 742-5218
>>> chuck Keeling <ckeeling@gcgaming.com> zo15-11-19 11:41 AM >>>

That works Malcolm, and to be respectful of your schedule, feel free to suggest a time
for the 27th that willwork for you and we will take it,
Thanks.
Chuck
071
, ( z _o_19:o s49I M el_.g!1 Hunt - RE: possibe meeting es"
_1_t O_ s-l
072
Chuck Keeling
?5
Vice President, Stakeholder Relations and Responsible Gaming Great Canadian
Gaming Corporation
Richmond, BC V6X ly6
Direct 604.247.4197
Ce\|778.874,4942
ckeeling@gcgaming. com
From : Malcolm H u nt.[mailto;mhunt@peterborough. ca]
Sent: Friday, November 13, ZOIS g:'0 nM
To: Chuck Keeling
Subject: Re: possibe meeting
The Mayor's office is.telling me that others are attempting to book time with the
mayor
on the two days I indicated were good yesterday. Are you of the view
that I should
release the 23rd?
> on Nov '12,201s, at b:00 pM, chuck Keeling <ckeeling@gcgaming.com> wrote:

> OK, thanks Malcolm; wll get back to you shortly,
but I'm thinking the 27th is likely
preferable,
> Chuck
> Chuck Keeling

> vice President, stakeholder Rerations
and Responsible Gaming Great
> Canadian Gaming Corporation
> 150 - 8831 River Road
> Richmond, BC V6X ly6
> Direct 604.247,4197
> Cell778.874.4942
> ckeeling@gcgaming.com
> -:--Original Message----

> From: Malcolm Hunt
[mailto:MHunt@peterborough.ca]
> Sent: Thursday, November 12, ZOj li:07 pM
> To: Chuck Keeling
> s ubject =? utf-8 ?B? u m u6 I H Bvc3 Npym u g b\wld
Gl sf====! >
> Chuck:
072
Az 016-0q26) \{a!_c_olp Hunt - RE: possibe meeti ng
_i_1T lqq.073
1 I
80
]-T.heJvlayor and I are available all day on November 23rd (Monday) and November
27th (Friday).
Malcolm Hunt
Director,_PqlLg and Development services city of peterborough
Bus. (705) 742-7777 ext. 1809
Toll Free 1-855-738-3755
Fax. (705) 742-521s
mh unt@peterbo ro ugh. ca
> Hi Malcolm; you may recall metg Ancl'y LaCroix

and myself at the OLG meeting
severalweeks ago in Belleville.
> lw^-hoRing to arrang.e a meeting forAndy, our COO

Terrance Doyle, and possibly
our CEo Rod Baker, with yourself, ine Uayor, or anyone else you Oem appropriateio
we can discuss further our possible short term and lng term plans. lf you re agreeable
to that, could I suggest something on November 23rd, ir," zot'n, o 27thz
> Thanks.
> Chuck
> Chuck Keeling

>-Vice President, Stakeholder Relations and Responsible Gaming Great Canadian
Gaming Corporation
> 150 - 8831 River Road
> Richmond, BC VGX 1y6
> Direct 604.247.4191
> Ce1|778.874.4942
> ckeeling@gcgaming.com<mailto :ckeeling@gcgaming,com>
> [twitte r] < http //www. twitte r. com/G RTC

:
anad i an >
t TlE me-ssage is inlended

9l!y for the person to whom it is addressed and may
contain informaton that is privileged anci confidenal. lf you are not the intended
recipient, you are hereby notifiedthat any dissemination or copying of this prohibited,
is
073
[1zoto.os.'-zg rrlqlm nnt ne. posie meet o
119 Pagesl
074
B1
Please notifu us of the error in communication by telephone (604) 303-1000 or
by return
e-mail and destroy all copies of this communication. lnank ybu. '
t Tf ig me-ssage is intended only for the person to whom t is addressed and may
contain information that is privileged and confidential. lf you are not the intended
recipient, you are hereby notified that any disseminatioior copying of this is prohibited.
Please notfy us of the error in communiiation by telephone
tdol os-tooo or by return
e-mail and destroy all copies of this communication. inanr yu, '
This message is intended only for the person to whom it is addressed

and may contain
information that is privileged nd confid.ential. lf you are not the intended
recipient, you
are hereby notified that any dissemination or cofying of this is prohibite.
'or 1""r" ntity
toliOg-1000 by return e-mail and
destroy all copies of this communiation, fhan yo.
Notice Regarding Confidentialig of Transmission
his message is intended only for the person to whom it is addressed and may contain
information that is privileged nd confi.ential. lf you are not the intended
recipient, you
are hereby notified that any dissemination or coiying of this is proniuite.
u" ntrv
us of the error in communication by telephone ()i03-1000 br uy
destroy all copies of this communiation, Than yo.
*trin e-mail and
This message s intended only for the person to whom it is addressed

and may contain
information that is privileged nd confi.ential. lf yu re not the
lntended recipient, you
are hereby notified that any dissemination or cofying of this is prohibited. please
notify
us of the error in communication by telephone (+)iog-tooo
br uy return e-mail and
destroy all copies of this communiation. fnan yo.
074
Pufnl
075
Allan Seabrooke - Fwd: Mcctins

!Fr--ft----
-.-r
75
To: Donna Wagner
Dato: 134L24ZOLS 2:56 pM
Subfec Fwd:Meetins
Attachmorts Meetins
Donna please set up a call for tomorrow.
Allan K Sebrcoke B.Sc M.Sc. AMCI

Chief Ad ministrative Offi cer
Bus. (705 )742-77n Ext 1B1O
Fax. (705) 749-6687
.s ea b roo k e l4J pe te rb o rou e h.c a
file://C:\Users\dwagncr\AppData\Local\Tempucgrpwis\568^tr3l46cTy_pTBocry 075
H... 2310912016
'u24lrt 076
Allan Sebrooke - Meetins

?6
f,'rom: Tenance Doyle <tdoyle@gcgaming.com>
To:
I lllltll\e(r-peterborough.ia,', <seabrooke@,peterborough.ca>
Date: fl2n0l5 2:03 PM
Subject: Meetins
Allan:
I was just wondering if we should arrange a call to have a conversation on how your meetings are
goind?
Thanks Allan
Terrance Doyle
COO, Great Canadan Gaming Corp
604 5s1-4338
This nrcssaoe is
is privilege antl
drssemtnallOn or
telephone
file://C:\Users\dwagner\AppData\Local\TempU(Pgrpwise\568A3l46CTy 076
PTBOCTY H... Z0l0gl20t6
-
liaoi 6-0s-26) MicotmHunt--he: phone-cau 1 22-!" ge077
1i
09
From: Terrance Doyle <tdoyle@gcgaming.com>
To: 'Malcofm Hunt' <mhunt@peterborough.ca>
Date: 2.01,5.-.tr2.30 9:01 PM
Subject: RE: Phone call
Thanks Malcolm, rny number is
Thanks
---Original Message---
From: Malcolm Hunt [mailto:mhunt@peterborough.ca]
Sent Wednesday, December gO, zOi5 4:4 pM
To: Terrance Doyle
Subject: Re: Phone call
Just saw your note now. Send me the best number to rach you at and l,ll try you
tomorrow.
on Dec 30, 2015, al3:21PM, Terrance Doyre <tdoyle@gcgaming.com> wrote:

> Malcolm
I hope you had a good Christmas and had done down time?
I was wondering if you would have time for a calltoday or tomorrow ?
We have review the land options presented to us and I wanted to have a quick chat on
it with you?
Thanks Malcolm
> Terrance
> - Notice Regardng Confidentiality of Transmission
> Thil me-ssage is intended only for the person to whom it is addressed and may
contain information that is privileged and' confidential. lf you are not the intended
recipient, you are hereby notifiedthat any dissemination or copying of this is prohibited.
Please notifu us of the error in communlation by telephone
tdol os-tooo r by return
e'mail and destroy all copies of this communication. ihant yu. '
Notice Regarding Confidentality of Transmission
077
218 078
Page I of I
Allan Seabrooke - Re: Re-Zoning

d9

To: Dean Pappas
Date: L9/02/20761:20 PM
Subject: Re: Re-Zoning
Hi Dean: All of the approvals for the Gateway site are City initiated and as such we are required
under the
planning act to have full ideas of the amendments available for the public
with the release of the public notice.
We are targeting February 29 to issue the public notice. and hence the planning comrnittee
where it will be
addressed will be on April 1L. That would hopefully be followed by Council
approual on April 25.
We have meetings on Feb' 19, today with all of the City divisions involved and on Feb. 23
meetings are being
held with Great canadian Gaming and their architects so as to go over information
requirements etc. we have
hired a consulting planner that specialized in this to speed up the process as well as
legal. All hands on deck for
sure to get this through as quickly as we can.
Cheers
Allan K. Seabrooke B.Sc. M.Sc. AMCT

Chief Ad ministrative Officer
Cty of Peterborough
Bus. (705 )742-7777 Ext. 1810
Fax. (7O51 749-6687
aseafrroote@peterbo
Sent from my BlackBerry 1O smartphone on the Bell network.
file://Cl:\tlsers\dwagner\AppData\Locat\Temp\XPgrpwise\5EFA/\t CTy pTBoCry ... 23toql20l(,

078
(2016-q9-26) Matcotm Hunt - Re: New toCatloi
1a P"!
079
From: Gerry pilon <gpilon@salterpilon.com> 30

To: Ken Hetherington .Kttetheiington@peterborough.ca>
cc: Terrance Doyre <tdoyre@gcgminfom>, cariyn Jobbitt
<CJobb itt@peterbor,..
Date: 2A16-02-01 1:S4 pM
Subject: Re: New location
we do..-. I will send the through to you to start the discussion....
Gerry
Gerry Pilon
Salter Pilon Architecture lnc.
Sent from my iPhone
01 Feb 1, 2016, at 1:03 pM, Ken Hetherington

<KHetherington@peterborough.ca<mailto:i(Hetherington@peterborough.ca>>
wrote:
Thanks Gerry. Do you have any preliminary site plans prepared yet?
Ken
:t-991ry Pilon <gpilon@salterpilon.comcmailto:gpilon@salterpilon.com> > 2016-02-01

12:20PM >>>
Thanks Ken.... Just let us know and we will be there..,.
we really appreciate all of you assistance and cooperation,..

Gerry
Gerry Pilon
Salter Pilon Architecture lnc.
Sent from my iPhone
9!. f.U 1, 2010, at 1 1:04 AM, Ken Hetherington

<KHetherington@peterborough.cacmailto:K-Hetherington@peterborough.ca>>
wrote:
Tenance/Gerry: We are in the process of arranging meetings in an etfort
to move the
approval process along as.quick as possible. Yu hould b hearing
frm carolyn
Jobbitt of our office so.on about possible meeting dates the week of
ebruary 22. We
will also be meeting with key City staff in an effo-rt to identify any
tecrralssues that
need to be addressed.
It would be very helpfulto have as much information as possible regarding your
079
i_(?016_-q9:) Mallolm Hunt - Re: New tocatibn 080
135, ls 2 I
51
development plans. Do you have a concept site plan prepared that you can
forward to
me? lt will give me an jdea of your land requirements'n how we bst respond to the
transportation issues., I am meeting with our planning consultant tomorrow
and it would
be helpful to have a pran as r revie the issues witn im.
Any information that you can forward to me would be appreciated. Thank you.
Ken Hetherington
Manager, Planning Division
Bus. (705)742-7777 ext. 1781
Fax (7051742-5218
khetherington@peterborou g h. ca <mailto kh etheri ngton@peterboroug
: h. ca>
:Jg 11c9 .Doyl9_ ]doyle@gcg amins. com < ma tto td oyte@gcgam ng, com > >
2016-01-27 11:52 AM >>>
i : i
Thanks Malcolrn, this all seems reasonable and appropriate. yes, I was
aware of the
!ansportation issues for while (Jim had reviewed in"m witn me some time ago).
I'll dscuss with Gerry and get a concept plan to you RSp (l think it
has alredy been
created factoring in the road).
It would be great if my team and your team could work together on putting
together
some milestones that we could ail work to and so we rorid try and n.u
ll of our
approvals and permits in hand within the next 4 to S months
iving us 12 months to
build?
Thanks Malcolm
Terrance
----Original Message----
From: Ma lcolm Hunt [mailto M H unt@peterborou
: g h. ca]
Sent: Tuesday, January 26,2016 A:Zl g,A
To: Terrance Doyle
Cc; Carolyn Jobbitt; Ken Hetherington;
qRilon @salterplon.comcmai lto : g plon@sa lterpilon. com>
Subject: Re: New location
Terrance:
080
llz 016-q9-26) Malcolm Hunt - Re: New location
1 36_fa9e 5l
081
52
When I spoke with Gerry I suggested that the first step would be to generate a concept
plan that captures your current vision for devetopment but also recognizes some of the
transportation issues that I shared with Jim McGrogan of Great Canadian Gaming many
months ago when you were going through your site selection process. Harper Road wiil
be realigned to provide connectivity around the Roshan site. i'll see if I can find any of
the quick concept plans I shared with Jim.
Wg are working on resolving how best to position the Official Plan policy and rezoning
process we will initiate. Out of an abundance of caution we are bringing on board
outside legal council and a highly regarded consulting land use plannerto work with the
city on the analysis, consultation and reporting function that will be required to support
the policy change. We want to be ready to deal with potential chaltenges to our
approval process and so we are going to work right from the beginning with
professionals who will assst us.
l'm am out of the office on business next week and then will be on a week of holidays
the second week of February. I have asked Ken Hetherington, our Manager of
Planning, to have our public notice ready to go when I return. Perhaps we can all meet
sometime after February 15th to review your development concept and review any of
the issues that the development proposal may present. Over the next 2 weeks please
feel free contact Carolyn and we can ensure time is set aside to meet when convenient
for you and your team.
Malcolm Hunt
Bus. (705) 742-7777 ext. 1809
Toll Free'1 -855-738-3755
Fax. (705) 742-5218
m hunt@peterboroug h,ca<mailto : mhunt@ peterbo rough. ca>
>>> Terrance Doyle <tdoyle@g cgami ng. com<mailto:tdoyle@gcgami n g. com> >

112612016 3:06 PM >>>
Malcolm:
I know Gerry and Mike has been in contact with you (our architects). I just wanted to
understand what you need from us next to move things along as quickly and effectively
as possible?
Let me know if you want to arrange a call or a meeting? We are ready to move as
quickly as needed at this point.
Thanks
081
143 082
47
GREAT CANADIAN GAMING CCRPORATION
February 23,2016
Mayor DarylBennett
Peterborough City Hall
500 George Street North
Peterborough, Ontario K9H 3R9
Dear Mayor Bennett;
Peterboroueh
On January 11, 2016, Ontario Gamlng East Llmlted Partnershlp ("OGELp"), of whlch
Great
Canadian Gaming Corporatlon ("GCGC"l is the maJority owner, entered into an agreemnt
with
Ontario Lottery and Gaming ("oLG") to become the Servlce Provider for gaming ln Gaming
Bundle 2 (East), the "East Gamlng Bundle", This East Gamlng Bundle is a geographic region
encompassing a large portion of Eastern Ontarlo lncluding the Peterborough/Kawartha area.
As a result of entering into this agreement with O[G, OGELP now operates gaming within the
East Garnlng Bundle and we are firmly of the vlew that the peterborough and
surrounding
market will be best serviced by a new full-service gamlng and entertainment facllity located
within the City of Peterborough itself, our proposed facility, whlch would operate under the
Shorellnes brand, would deliver an exclting gamlng and entertalnment experience through
enhanced gaming, entertalnment and food & beverage amenities. We believe that by
improvlng upon the location and enhancing the amenity offerlngs and the facility itself, we can
broaden the appeal of the gaming facility to a more demographlcally diverse customer base.
Additionally this relocation and the enhanced amenity offerings will result ln greater economic
benefits and additional employment opportunities for the peterborough area,
ln order to deliver upon this vision to better service the Peterborough/Kawartha reglon, oGELp
is planning to bring forward formal applications for re-zoning and development for
new
purpose-bullt facility at a site that we have secured at 540 Harper
Road, immedlately adjacent
to Hwy. 115 ln Peterborough. We feel that, glven its visibiltty and access, this is the ideal site
from which to service the marketplace. We are respectfully seeking your cooperation
and
assistance in considering and processlng the applications in as expeditious a
manner as
possible,
95 Schoone Strcct ! Coquitlam o l r q{6 r V3K 7At tcl. 604-303- 1 000 r far, 604-523 -5362 r wrvrv.crm lne.som
082
144 083
GREAT CANADIAN GAMIN G CORPCRATION

4\ d8
Given that the relocation of any gamng facilties in

ontario is ultimately subject to the approval
of oLG and the ontarlo Ministry of Flnance, we are
already working withn the formal approval
process with oLG (whlch, will ln turn seek
the approval from ontario's Ministry of Flnance) to
relocate gamlng from Kawartha Downs to our proposed
Harper Road location.
Thanks very much for your assistance and consideration

on this matter.
Sincerel
,r
Terrance Doyle
Chief Operatlng Officer
ontario Gamlng East Limited partnership and Great canadlan
Gaming corporation
95 Sahooncr $lrcct r r l r Q!rd! r VJI( ?AE r lcl, 604-303-1000 r fo. 604.521-5362 t
083
(2_016-09-20) [q!qg!T Hunt - RE: Peterborough
1U 084
as t l
From: Malcolm Hunt {5

To: Terrance Doyle
CC: Andy LaCroix; Michael Young
Date: 201Q=92..19 7:25 PM
Subject: RE: Peterborough
I contacted Jordan Struk and he will be in attendance,
Malcolm Hunt
Bus. (705) 742-7777 ext. 1809
Toll Free 1-855-738-3755
Fax. (705) 742-5218
mhunt@peterbo roug h.ca
>>> Terrance Doyle <tdoyle@qcgamng.com> 2t1gl2}16 4:12 pM >>>

Thanks Malcolm,
l'll touch base with the OLG and find out if we can formally present a letter to the city
right away. As and update to you our business case to the OLG has been submitted and
it is our understanding the OLG will be taking this forward to the Ministry of Finance for
approval in the next few weeks.
I have also copie9 tto of my colleagues on this e-mail - both will also be attending the
meeting on Tuesday.
Andy LaCroix is Executive Director of Ont East and will be running all areas of our
business for the Ont East Bundle.
llichael Young - will be overseeing the Design, Development and Construction for
GCGC for Ont East.
Thanks Malcolm, I look fonrard to seeing you on Tuesday
084
I (?016-0_9-26)Itlalcolm Hunt - RE: peterb orough
1{1 Pase0852"
Terrance 46
----Orig inal Message----
From: Malcolm H u nt [ma ilto: MH unt(peterborouo h. cal
Sent: Friday, February 19, 2Om
To: Terrance Doyle
Subject: Peterborough
Terrance:
Lastly, the Ci has never been formally advised that Great Canadian Gaming has
selected Peterborough as the host municipality. Wren we discussed matters on New
Year's eve you indicated that the townsh an the City would ue formatty dviseo. I
[n9* that you have met face to face with the Townshii and conveyed th message.
FrJ y are now poised to ramp this issue up big time in the City anO t would be vry
helpful to have your intentions communicated t us more formlly.
Malcolm Hunt
Director,_Pning and Development services city of peterborough,
Bus. (705) 742-1777 ext. 1809
Toll Free 1-855-738-3255
Fax, (705) 742-s218
Noti ce Reg ard ing Confidentiality of Tra ns m ission
information that is privileged and confiential. lf you are not the intended recipient, you
are hereby notified that any dissemination or copying of this is prohibited. please ntiry
1o+i03-1000'or by return e-mail and
destroy all copies of this communiation. than yo.
085
I 13ql o:ogq Malcol m Hunt - Re: Peterborough
- -14s Pes.086
t-.1
From: Malcolm Hunt 2

To: Jake Pastore
Date: ,29,18;02-24 8:52 PM
Subject: Re: Peterborough
Absolutely Jake.
Malcolm Hunt
Bus. (705) 742-7777 ext, iB09
Toll Free 1-855-738-37Ss
Fax. (705) 742-5218
mhunt@peterborough.ca
>>> Jake Pastore <JPastore@OLG.CA> 2t24l2Ti6 g:23 pM >>>

oK. Let's have a discussion o rrioay morning. Hope that's ok.
I will book an hour. can you cail me at the office a|4162247047.
Thanks Malcolm.
======== = = = ====== ============

Giacomo (Jake) Pastore
Dir-ector, Municipal and Community Relations
Offlce of the Presldent and CEO
Ontario Lottery and Gaming Corporation
===== ==== ================ = ===
047 office
From: Malcolm Hunt

Sent: Wednesday, February 24,20116 7:56 pM
To: Jake Pastore
Subject: Re: Peterborough
086
l_(?!l 0-o e,z gL Mlgg.t! H
:qe, p"lq g,lggf,: 146 087
esg_e_l
cguld call you at 3:30 pm tomorrow or 9:00 am on Friday. lf you

43
.Jake,.l actually want to
travelto Peterborough perhaps I should look into next week for
more choices.
Malcolm Hunt
!1ect9, Planning and Development Services
Bus. (705) 742-7772 ext. 1809
Toll Free 1 -855-738-g75s
Fax. (705) 742-5219
mhunt@oeterborouo h.ca
>>> Jake Pastore <Jpastore@olG,cA>

2tz4tzo164:19 pM >>>
Thanks so much for this lvlilcolrn. Do you have time either
tomorrow or Friday to sit
down to review this process with me in more detail.
hanks
=============================
Giacomo (Jake) pastore
Director, Municipal and Community Relations
Office of the President and CEO
Ontario Lottery and Gaming Corporation
=========== ========= = == ===== =
6-224- 7 office
From: Malcolm Hunt

tent: Wednesday, February 24,2A 10:4g AM
lo: Jake Pastore
Cc:Allan Seabrooke; Daryl Bennett
Subject: Peterborough
Jake:
We met with Great C.anadian Gaming officials yesterday for a good part
of the
afternoon. The time line I communcted yesteraay * follows:
",
087
(2Q16-ogi26) Malcotm
!tJrl!: R": nterUoroug, 1+T page 3
088 i
44
The City would like.lo be in a position to issue public notice of the plairning process
in
roughly 2 weeks' We are treating this as a City initiated process rtner
tnn a developer-
led process.
The issuancg of public notice means lhat we can target April 1 1th as
the planning
Committee date, with council ratification 2 weeks rir(Aprl 25th).
our ability to-hit April
1 1th is dependent on the completion
of some of the .uip'orting dcumentation thal
Great Canadian G.arngr.g agrees is their responsibility i'suppfi -
such as traffic, storrn
*ltgt feasibility, etc. The objective of the "tudies" to vaite feasibility and not to
get bogged down in detailed design.
We have assembled. a consulting team to assist the City and be a

resource to Great
Canadian Gaming' I told Terrane and his team that wi stand
as partners in the
approvaf process ahead.
Great Canadian did.acknowledge that our time line may be challenging

for them to hit
given that some of the supportig documentation has jst
been initiated. I indicated that
the next.regularly scheduied meeting of Planning Committee after the 11th
of Aprl is
May 2nd' lt is also reasonable to consider that rp".i"t meeting of planning
Committee could be called somewhere in between.
he objective is to comptete the local p.rocess this spring. lf there is any mischief
brought to bear that involves an we'lt presib have some time over the
summer to resolve the appeals or"ppul
get a hearing date,
As far as "public" contact is concerned, the publishing of public notice in

the next 2-3
weeks will be the first official event. We need to be raay to talk u.v poriiively
about
the selection of the host community, the opportunity for cCG, oLG and
the Ciy, etc.
we'd like GCG to present their vision for tn site athat time.
The publc meeting will be the next prescribed public contact unless
we elect to hotd a
public information meeting during the notice period. We
are taking the position that
before us is a land use deiision nly and tha council has alreadyeafi'with
the issue of
a casino or not.
Malcolm Hunt
Bus. (705) 742-7TT7 ext. 1809
Toll Free 1-855-738-9755
Fax. (705) 742-s21a
mhunt(@ peterborouqh,ca
088
3a
Poll of 2 089
Patricia Lester - Re: Great canadian Grming corporation and peterborough
From: JakePastore<JPastore@OLG.CA>
To: "Paticia Lester" <plesier@peterborough.ca>
Date: 2016-02-25 3:07 PM
subject: Re: Great canadian Garning corporation and peterborough
CC: "Allan Seabrooke', <ASeabi.ooke@peterborough.ca>
Thanks Patricia,
Tomorrow morning at g am, Malcolm Hunt and I will be chatting n detal regarding
the City's re-zonlng and official
plan amendment overview. perhaps you can join that callwith
us.
We can take it from there.
Allthe best.
{
Giacomo (lake) pastore
Dlrector, Munldpal and Communlty Relatlons

Offlce of the Presldnt and cEO
Phone: 46-224-7047
Moblle: la I n-qnn-td
emall: Jpasts{-;
A Proud Communty partner
-
I tof t "Palrlcia Lesler,' <pLosler@pelerborough, ca>

Io <ipastoreGDolg.ca>
Cc "Allan Seabrooke,, <Aseabrooke@peterborough.ca>

Oate 0212512016 02:S0 pM
S(lbject Greal Canadian Gamng Corporallon and polerborough
Mr Pastore, you'name was provided to me by our cAo Allan seabr.ooke.
I'tn rve ll ilware as a melrber of the Senio_r Managenrent team, of the

slecifics relating to GCGC
cltoositrg Peterborough rvithin the East Ganring ilundle uitJ-tn"
wirl GCGC,
fact dlc
has entcred into an fl$ement
As I will be involved with agleenrents that may be enrered into between

the various partics,I,d
apprcciate reviewing with whourever at OLG, ih" pro..r, to be follorved and orerview o f tlre vadous
089
frle:/llC:lUsers/plester/AppData/Local/Ternp/xPgrpwise/56cFlgA1cry_pTBocTy
H.., 2u6-a2-25
Pryg)of 2 090
legal documents.
40
Any assistance, contact infonnation will be appreciated
Best regards, Patricia.
Patricia A. Lestcr
City Solicitor, Director Legal Services
500 Georgc Street North
Peterborough ON K9H 3R9
Phone 705-742-7777 Exr 1603
Toll Free l-855-738-375s
Fax 705-742-3947
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090
frle:I I I C: /Users/plester/AppData/Localemp/XPgrpwise/56CF gA CTy PTBOCTY
I I H... 20t6-02-2s
gq16-ge3q Malcolm Hunt - Re: Touc hing Base_
.
- 149 P?qe1J
091
- 31
From: Terrance Doyte <tdoyle@gcgaming.com> -
To: Malcolm Hunt <MHunt@peterborough.ca>
CC: Andy LaCroix <alacroix@gcgamingiom>, Michaelyoung
<myoung @gcgaming.com...
Date: 2016-03.31 12:13 AM
Subject Re: Touching Base
Thanks For the update Mafcolm , let me touch base with Michael on the status of the
reports ect
Terrance
> on Mar 30, 2016, at 11:18 pM, Malcolm Hunt <MHunt@peterborough.ca>

wrote:
> We march ever closer to some critical dates and
it is probably time for us to check in.
Michael and Gerry - l.will be sending you a second emilto cla?ifr rom" matters around
parking, Harper Rbad, which you rh-oH find very helpful. please feelfree to circulate
this e-mailto all you feel need to be in the loop.
> We have been working towards a May 2nd Public

Meeting to deal with the Official
Plan and Zoning issues. Staff have nig-ntighted below the rinmur r"qii"rents with
regad to processing a Zoning By-law Amendment in accordance with planning Act
provisions, in order to reach the May 2nd planning committee date:
1 April 7th,2016 - Submission of complete application and preparation of Notice of

Public Meeting
> April 8th, 2016 @ 12 noon - Latest date to send Notice
of Public Meeting to
Newspaper for publishing on April 12, 2016
> April 12tn,2016
@ 12 noon - Latest date to send report to Senior Administrative
Committee meeting for May 2nd, 2016 Agenda (some flexibitity may O
> April 12th,2016 - Latest date for ssuanie of otice fssible here)
of Pubfi Meting in n"*rp"p"t
and by Mail
t May 2nd,2016 - Public Meeting held by planning
t l4"y '16, 2A16 - Council Meeting - By-Law Readigcommittee
and passage
t May 31,2016 - Deadline for issuane of Notice ofassing 1colO occur earlier)
> June 20,2016 - Latest possible date of appeal (20 day appat
from the date of Notice
of Passing)
> Minimum time frames are not ideal. There comes a point when
opponents alfege that
the process is a sham. So you can see that if we are not ready to iue public notice
early next week then we will be up against the minimum time fiames. W can buy
ourself another week as council has agreed to convene a special Planning Committee
meeting if required the week of May 9:2016. This will allow the matter to-Oe considered
091
(z9t_Qqs_4)! alcolm Hunt - Re: Touchi ng Bai-
--lae-Isgl
092
3(3
at the May 16th Council Meeting - the same council meeting as we would hit if the May
2nd Planning Committee meeting date was met.
3t
> I understand that certain studies GCG have commissioned
will not be available until
the end of next week. The concept site plan is still being refined. Until these
submissions are perfected it is difficult to launch into thJpublic process.
The whole program outline above can be pushed out three weeks as well - it would
iust rnean that the local planning process is not completed until June 6th, rather than
May 16th. The extra time will glve a longer notice priod which will avoid the potential
criticism of short changing the rocess.
> GCG needs to give u.s_s.ome guidance, Everyone is

working hard to get to go but we
are seeing the May 2nd Planning Committee meeting a difficut date if rie can not have
a full and complete submission early next week
> We also need to put our minds to GCG's public statement your
of decision to locate
on the G_atey?y site. lf you would like to manage the message then you need to be out
ahegd of public notice. As we talk to various cmmenting ag-encies on planning matters
it will be just a matter of time before our confidential discussions conceining th
application will be on the street. Terrance, this is a matter you and I need to discuss.
> Malcolm Hunt

> Director, Planning and Development Services
> City of Peterborough.
> Bus. (705) 742-7777 ext, 1809
> Toll Free 1-85b-798-3755
> Fax. (705) 742-5218
> mhunt@peterborough.ca
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are hereby notified that any dissemination or coying of this is prohibite, please
ntty
us of the error in communication by telephone (o+)io3-1000'or by
destroy all copies of this communication. Thank yo.
r;irr e-mail and
092
Exhibit H
This is Exhibit "H" referred to in the Affidavit of K. Roy Brady
jJ~
sworn August ::J... , 2017
leigh Ann Kightley,

NEWS LOCAL
Casino on The Parkway?

By Joelle Kovach
Thursday, April 7, 2016 1:55:01 EDT AM
A map that appears in the City of Peterborough response this week to the Ministry of the Environment and Climate Change on The
Parkway environmental study shows the location of a potential new casino for Peterborough at Crawford Drive and The Parkway in the
city's south end. Great Canadian Gaming now operates the Shorelines Slots at Kawartha Downs in Fraserville and has been tasked by
Ontario Lottery and Gaming to expand the operation by adding table games and more slot machines and has the option of either
expanding the Fraserville site or building on a new site elsewhere in Peterborough.
A new city staff report says a casino may be coming to Peterborough, to be located on Crawford Dr. at The Parkway.
The 53-page report isn't about a casino, though - it's about The Parkway.
It suggests that a Parkway extension would make even more sense if a casino were to be built on Crawford Dr.
And it also says the city may be rezoning soon, on Crawford Dr. at The Parkway, for a casino, in the same area where a hotel-convention
centre was proposed years ago.
"The city expects to initiate a zoning bylaw amendment to facilitate the construction of a new casino complex as part of the Ontario Lottery and
Gaming (OLG) casino modernization program for the Eastern Ontario Gaming Bundle in the near future," it states.
"The potential casino site could include the OLG facility, a restaurant and an ancilliary hotel," states the report.
British Columbia-based company Great Canadian Gaming Inc. was awarded the Eastern Ontario Gaming Bundle from OLG last year and took
over operations of the Slots at Kawartha Downs in Fraserville at the start of the year and is taked by the provice to expand the operation with
table games and more slot machines.
Chuck Keeling, a spokesman for Great Canadian Gaming, wouldn't say on Wednesday whether there's a casino coming to Peterborough.
The city has expressed interest in having a casino, but the company has made no announcements about whether it's planning to build here.
Earlier this year it announced a site for a new casino it will build in Belleville as part of the Eastern Ontario Gaming Bundle.
Keeling didn't say whether Great Canadian Gaming Inc. is eyeing the property on Crawford Dr., either (three other possible properties were
identified by the city, including downtown near Del Crary Park).
"We're actively considering all our options," he said, and then added that they are planning to make an announcement soon.
Mayor Daryl Bennett wouldn't say on Wednesday whether there's a casino coming to Crawford Dr. and The Parkway.
"The Parkway site is one of the potential locations identified by city council for the casino, if the casino operator wishes to build a facility in the
city," he said in a written statement he sent to The Examiner.
The city staff report is a package of information for the provincial government regarding the controversial Parkway extension plan.
The Ministry of the Environment and Climate Change is considering whether to force the city into doing a more-detailed environmental
assessment before extending the road.
The ministry had asked for information from the city before making a decision.
The report is posted online on the city's website under the heading One Click Away.
jkovach@postmedia.com
City of Peterborough response to Ministry of the Environment and Climate Change on The Parkway extension
Parkway Corridor Class EA
Assessment of the Recommended Alternative in Light of the

Current Planning Context
Submitted by City of Peterborough
April 4, 2016
Parkway Corridor Class EA - Assessment of Recommended Alternative in Light of Current Planning Context
Executive Summary
The Notice of Completion for the Parkway Corridor Municipal Class Environmental Assessment
(EA) Study was filed on February 7, 2014, following which the Minister of the Environment and
Climate Change (Minister) received 88 requests asking that the City of Peterborough be required to
prepare an Individual Environmental Assessment for the proposed Parkway Corridor Class EA.
The City subsequently submitted its formal response to the Part II Order requests requested by the
Ministry of Environment and Climate Change (MOECC), including Table A, on May 2, 2014.
Given that significant time has passed, the Minister has issued an Order that further study by the
City be undertaken, prior to making a decision on the Part II Order requests. Specifically, the Order
requires the City to submit a report to the Director of the Environmental Approvals Branch that:
a. Reviews the planning and design alternatives,
This Week's Flyers
HOVER FOR FLYER HOVER FOR FLYER HOVER FOR FLYER

This is Exhibit "I" referred to in the Affidavit of K. Roy Brady
swomAugust ~ , 2017
er for Taking Affidavits (or as may be)
Leigh AnnKightley,
Ontariofor H.GirvinDevitt,
Barrister and So8ieftor.
8/2/2017 Notice: Planning Committee Meeting May 9, 2016
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Notice: Planning Committee Meeting May

9, 2016
Event date: Monday, May 09, 2016, at 6:00 PM
Location: Adam Scott Collegiate Auditorium
Take noticethat the City of Peterborough has initiated the following application, and pursuant to the Planning Act, R.S.O.,
1990, c.P.13, the Planning Committee will hold a Public Meeting in the Adam Scott Collegiate Auditorium, 175 Langton Street,
Peterborough at 6:00 p.m. on Monday, May 9, 2016, to consider the following application under Sections 17 and 34 of the Act:
Files: O1601 and Z1611

Affected Lands: 586 Harper Road and 1400 Crawford Drive
Applicant: City of Peterborough
The City of Peterborough has initiated an Official Plan Amendment and Zoning By-law Amendment to recognize a gaming
establishment/casino as a permitted use for the property at 1400 Crawford Drive. The Official Plan is proposed to be
amended to add a site specific policy amendment to permit a gaming establishment/casino as a use on the subject lands. The
Zoning By-law Amendment proposes to add a definition for a gaming establishment/casino; rezone the subject property to a
Special District to introduce a gaming establishment/casino, a hotel and a restaurant as permitted uses; remove Prestige
Industrial and Business Park uses including a regional scale office facility and a wide range of Service Commercial uses;
establish a parking regulation for the gaming establishment/casino use; allow for parking to be provided within 100 metres of
the subject property; and establish regulations including a maximum building height of 7 storeys. The Zoning By-law Amendment
will also add a parking lot or parking garage as a permitted use of the City-owned property at 586 Harper Road.
Beadvisedthat if a person or public body does not make oral submissions at a public meeting or make written submissions to
the City of Peterborough before the proposed Official Plan and/or Zoning By-law Amendment(s) is/are passed, the
person or public body is not entitled to appeal the decision of City of Peterborough Council to the Ontario Municipal Board.
If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of
Peterborough before the proposed Official Plan and/or Zoning By-law Amendment(s) is/are passed, the person or public
body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the
Board, there are reasonable grounds to add the person or public body as a party.
If you wish to be notified of the approval of the proposed Official Plan and/or Zoning By-law Amendment(s), or of the refusal of
a request to amend the Official Plan and/or the denial of the Zoning By-law Amendment, you must make a written
request to the City Clerk at the address below. (Please quote appropriate file number(s)).
Any personmay attend the above Public Meeting and/or make written or verbal representation, either in support of or in
opposition to the applications.
Additional informationrelating to these applications may be obtained from the Planning Division, City Hall, (8:30 a.m. to 4:30
p.m., Monday to Friday), or by contacting the Planning Division at 705-742-7777 - Caroline Kimble at ext. 1735 (e-mail
ckimble@peterborough.ca) or Ken Hetherington at ext. 1781 (e-mail
khetherington@peterborough.ca).
A Staff report will be available by 12 noon on Friday the 6th day of May, 2016.
Technical documents are available for the May 9th Planning Committee Meeting. Detailedinformation:
http://www.peterborough.ca/News/Notice__Planning_Committee_Meeting_May_9__2016.htm?DateTime=635984136000000000&PageMode=View 1/2
8/2/2017 Notice: Planning Committee Meeting May 9, 2016
Concept Site Plan

Casino Planning Report
Functional Servicing Report
Natural Heritage Review
Traffic Impact Study
Preliminary Stormwater Management Report
Additional information may also be obtained from the Planning
Division, City Hall, (8:30 a.m. to 4:30 p.m., Monday to Friday), or by
contacting the Planning Division at 705-742-7777 - Caroline Kimble at
ext. 1735 (e-mail ckimble@peterborough.ca) or Ken Hetherington at
ext. 1781 (e-mail khetherington@peterborough.ca).
John Kennedy, City Clerk

City of Peterborough, City Hall
500 George Street North
Peterborough, Ontario
K9H 3R9
jkennedy@peterborough.ca
http://www.peterborough.ca/News/Notice__Planning_Committee_Meeting_May_9__2016.htm?DateTime=635984136000000000&PageMode=View 2/2
Exhibit J
This is Exhibit ".J::
referred to in the Affidavit of K. Roy Brady
sworn August '::fJ:':: , 2017
erfor TakingAffidavits (or as may be)
leigh Ann Klghtiey,

Banister and Solicitor.
Expire, June 11, 2020.
To: Members of the Planning Committee
From: Ken Hetherington, Manager, Planning Division
Meeting Date: May 9, 2016
Subject: Report PLPD16-038

Official Plan Amendment and Zoning By-law Amendment for
1400 Crawford Drive and 586 Harper Road
Purpose
A report to evaluate the planning merits of amending the Official Plan and Zoning
By-law for the property at 1400 Crawford Drive to permit the property to be used for a
gaming establishment/casino, hotel and restaurant.
Recommendations
May 9, 2016, of the Manager, Planning Division, as follows:
a) That Council confirm that the City-initiated applications for Official Plan
Amendment and Rezoning to permit a casino in the City of Peterborough at a
location consistent with Report PLPD13-013(A) are consistent with its direction
previously given in Closed Session on November 16, 2015;
b) That Section 2.3 Commercial Structure of the Official Plan be amended in

accordance with the draft amendment attached as Exhibit C to Report
PLPD16-038;
c) That Section 1 of the Citys Comprehensive Zoning By-law 97-123 be amended

to include a definition for a Gaming Establishment/Casino and Gaming
Position in accordance with the draft amendment attached as Exhibit D to
Report PLPD16-038;
Report PLPD16-038
Official Plan and Zoning Amendment - 1400 Crawford Dr. & 586 Harper Rd. Page 2
d) That the Citys Comprehensive Zoning By-law 97-123 be amended in

accordance with Exhibit D of Report PLPD16-038 by adding Section 393
Special District 363 to identify a gaming establishment/casino, hotel and
restaurant as permitted uses and associated regulations under the SP.363
zoning district;
e) That the zoning of the property at 1400 Crawford Drive be amended from
M2.2-SP.268 to SP.363, from M2.2-SP.268 to SP.363-H and from M2.2-SP.268
to OS.1, in accordance with Exhibit D of Report PLPD16-038;
f) That the H-Holding Symbol be removed from the subject property following the
completion of an environmental impact study acceptable to the Otonabee
Region Conservation Authority identifying the precise location of the wetland
feature on 540 Harper Road and/or providing technical justification for a
reduction in the provisional 30 metre buffer provided on 1400 Crawford Drive;
g) That Section 3.9 Exceptions of the Comprehensive Zoning By-law 97-123 be

amended in accordance with Exhibit D of Report PLPD16-038 by adding the
following: .306 In addition, a parking lot or parking garage is a permitted use;
and
h) That the zoning of the property at 586 Harper Road be amended from M2.1-18b
to M2.1,18b-306 in order to permit a parking lot as an additional permitted use in
accordance with Exhibit D of Report PLPD16-038.
Budget and Financial Implications

The development of the subject site will necessitate the completion of the planned
improvements to The Parkway/Crawford Drive intersection as well as the realignment of
Harper Road. All roadworks are contemplated in the approved Class Environmental
Assessment. The infrastructure costs for such improvements will need to be reflected in
the 2017 Capital Budget. A portion of the capital costs will likely be funded from
Development Charges.
Construction of the proposed casino and hotel are estimated to generate approximately
$900,000 in Development Charges.
Through the Site Plan Approval process off-site works, such as intersection
improvements and turning lanes, that are attributable to the development, will be
identified and such costs will be borne by the developer.
Report CPFS13-012 Financial Considerations of a Proposed Casino dated February 19,

2013 provided an analysis of the financial considerations of the municipality hosting a
casino under OLGs hosting fee formula.
Report PLPD16-038
Background
OLG Modernization Process
In 2012, the Province began a process to modernize the provincial lottery and gaming
business following a strategic business review completed by the Ontario Lottery and
Gaming Corporation (OLG). The business review concluded that the private sector
delivery of lottery and gaming should be expanded and OLG should move from direct
delivery of lottery and gaming to oversight of operations. As a result, OLG began
working closer with private operators and municipalities to further the modernization
process for gaming.
The intent of OLG was to serve eastern Ontario with zones centered on Peterborough,
Belleville and Kingston under the control of one operator. The Peterborough zone
included the City and portions of Selwyn Township, Otonabee-South Monaghan
Township and Cavan Monaghan Township.
As part of the process, OLG requested that municipalities identify potential sites, pass
resolutions to confirm interest and ultimately ensure land use approvals were secured.
In the summer of 2012, the Province passed Ontario Regulation 81/12 to give further
clarity to the expectations of OLGs process and in particular, the role of a municipal
council. Under Regulation 81/12 a municipal host must seek public input into the
establishment of a proposed gaming site and must provide a written description of the
steps it took to consult and a summary of the public input received. A host municipality
is also required to pass a resolution supporting a gaming site.
City as Host Municipality
On February 11, 2013, Report PLPD13-013 was presented to Planning Committee

recommending that if Council continued to support the establishment of a casino within
the City as was first resolved on April 2, 2012 then a formal resolution would need to be
approved and that public delegations be received in respect of the resolution and on the
location options for a proposed casino. The report outlined 4 general location options for
inclusion in the public discussion:
Option A: The Central Area (Downtown)

Option B: East Peterborough Commercial Catalyst
Option C: The Gateway Zone
Option D: The Strategic Zone (west of the City)
On March 5, 2013, a special Planning Committee was held to review location options for
a casino within the City and receive delegations. After hearing public delegations,
Planning Committee passed the following resolution:
Report PLPD16-038
Pursuant to Section 2 of Ontario Regulation 81/12, the Council of the City of

Peterborough hereby gives notice to the Ontario Lottery and Gaming Corporation
of the Citys support for the establishment of a gaming site in the municipality,
and
That the Ontario Lottery and Gaming Corporation be advised that the City is
prepared to give full consideration to an appropriate gaming site in the following
location options as described in Planning Report PLPD13-013 appended to this
report:

iii) Option C: The Gateway Zone (Southwest)
City Council at its meeting on March 19, 2013 ratified the decision of Planning
Committee and the record fulfilling the obligations of Ontario Regulation 81/12 was
forwarded to the OLG. OLG formally advised the City that the local process satisfied the
requirements of Ontario Regulation 81/12 deeming the City as a willing host
municipality.
Within the Peterborough Zone as defined by OLG only the City of Peterborough and the
Township of Cavan Monaghan fulfilled the obligations of the legislation to stand as a
willing host. Accordingly, a fully modernized casino operation would only be located
within Cavan Monaghan or the City of Peterborough as a replacement facility for the
former OLG Kawartha Slots. Through out the procurement process for an Eastern
Bundle operator, prospective bidders evaluated the site opportunities within the
Peterborough Zone and based their bid submission to OLG on the merits of a preferred
location. Host municipalities had no influence over the OLG proponent selection
process and no specific knowledge of the location preferences of individual bidders.
The modernization program is a business relationship between OLG and the private
operator.
The Selected Operator of the Eastern Bundle
In the summer of 2015 OLG announced that Great Canadian Gaming Corporation
(operating the eastern bundle as Shorelines Casinos) was the successful Eastern
Bundle operator. OLGs announcement indicated that Great Canadian Gaming would
quickly take over OLGs presence at Kawartha Slots and would be given the opportunity
to modernize the gaming business in that community or an acceptable City-based
location.
On November 16, 2015 Council gave Closed Session direction to staff to initiate the
land use approvals for a City-based site in keeping with the March 5, 2013 resolution of
Council if it became clear that Great Canadian Gaming intended to pursue a City-based
site. The direction was as follows:
Report PLPD16-038
That staff be directed to initiate the land use approval process (OP and
rezoning) for the Gateway site, and should the proponent be interested in an
alternative site, Council will consider it.
Very late in December of 2015 Great Canadian Gaming advised the City that their
business proposition was based on a City site in the Gateway location and that the
company had already established a business relationship with Roshan Holdings to
develop a hotel as an important component of the overall commercial presence at the
1400 Crawford Drive site, subject to municipal planning approvals.
Background Summary
This background section sets the context for the current land use planning decision
before Council. OLG adopted a modernization program for gaming in the province.
Municipalities within specified market zones were given an opportunity to declare a
municipal interest in hosting a casino. The City passed the requisite resolution following
a fulsome consultation program in March of 2013 and identified 3 acceptable location
options. In response to a call for proposals Great Canadian Gaming was selected by
OLG as the owner/operator of the Eastern bundle. Great Canadian Gaming selected
Peterborough as their municipal host and the Gateway site as the specific location. The
planning approvals are the logical conclusion of a 4-year engagement program between
OLG, municipalities and potential operators.
Land Use Applications

The site selected by Great Canadian Gaming for the Peterborough facility is located in
the Gateway Zone at 1400 Crawford Drive. The site is known as the Visitor Centre site
and is currently occupied by Tim Hortons and the Tourism Information Centre. The rent-
free occupancy of the Visitor Centre by the City (sub-let rent-free to Peterborough
Economic Development) will end in September of 2017 and there is no obligation for the
City to remain as a rent paying tenant at the site.
In order for a casino to be located at 1400 Crawford Drive, planning approvals, as
identified in Report PLPD13-013, are necessary. The approvals sought are an Official
Plan Amendment to permit a gaming establishment/casino on the subject lands and a
Zoning By-law amendment to create a special district for the subject lands, which will
permit a gaming establishment/casino, hotel and restaurant for the property. Although
the property is already zoned for a wide range of service commercial uses, including
hotel and restaurant uses, the intent is to reduce the range of permitted commercial
uses to match the intent of the proposed development.
The subject property is approximately 4.6 hectares (11.4 acres) in size, located in close
proximity to the Crawford Drive/Parkway intersection. The site is designated Service
Commercial in the Official Plan, and is currently zoned M2.2 and SP.268, permitting
prestige industrial uses including regional scale offices and service commercial uses.
Report PLPD16-038
The proposed development is comprised of a 4,000 square metre (43,000 square ft)
gaming establishment/casino, a 7 storey Hilton-branded 110 room hotel and a
restaurant (existing Tim Hortons). A parking lot with approximately 640 spaces would
be provided to serve the development.
The gaming facility/casino will generally be comprised of the following:
Approximately 500 electronic games (slots) and 22 tables on a 2,000 square metre
(22,000 square ft) gaming floor
Single storey building (3,000 square metres) with a second floor mezzanine area
(1,000 square metres)
Approximately 450 square metres (5,000 square ft) back-of-house space for
facility operations
Buffet restaurant with approximately 120 seats
Bar and lounge area for 40 -50 persons
280 square metres (3,000 square ft) flex space to be used for expanded
restaurant seating, special events, rented to local groups, used for small
performances for casino and restaurant patrons (approximately 200 persons)
Off-track betting area
Multi-purpose room
Adjacent to the property at 1400 Crawford Drive to the north is City-owned land at 586
Harper Road. The City-owned land in this immediate area has been identified for many
years as a Future Intercity Commuter Facility, and the proposed casino development
continues to respect the space requirements of this important facility.
Potential Economic Impacts of the Development:
Casino: Value of Investment $49.0 million

Permanent Employment 148 new full-time jobs over existing employment
levels.
Annual Tax Generation Estimate - $800,000
Annual Operating Expenditures - $24.5 million
Hotel: Value of Investment - $17.0 million

Permanent Employment 37 full-time and 11 part-time positions
Annual Tax Generation Estimate - $200,000
Annual Operating Expenditures - $2.0 million
Report PLPD16-038
Analysis
a) Official Plan
To assist City staff evaluate the policy implications of the proposed land use
applications the firm Sorensen, Gravely, Lowes was retained to provide an independent
perspective on the merits of the proposed Official Plan Amendment. The firm also
worked closely with the City during the Commercial Policy Review 2000 program which
stands today as the Commercial Policy framework the Citys Official Plan. The Official
Plan policy analysis which follows is a collaboration between Paul Lowes of SGL
Planning & Design Inc. and City planning staff.
i) Existing Official Plan Designation and Policy Restrictions
Schedule A of the City of Peterborough Official Plan conceptually shows the designation
on the subject property as Commercial. Schedule I conceptually designates the property
as Service Commercial. The Service Commercial designation permits:
commercial services, commercial recreational and institutional uses and a

restricted range of retail commercial uses which are not appropriate in the other
commercial designations or have particular site, access or storage/display
requirements. (Section 4.3.6.1)
Permitted uses of the Service Commercial designation in Section 4.3.6.3 include:

automotive - oriented commercial uses and uses which cater to the travelling
public;
hotels, motels, eating establishments and other hospitality and tourist services;
commercial recreation and assembly uses;
retail commercial uses requiring large sites to accommodate extensive open or
enclosed display or storage areas such as furniture and appliance sales facilities,
horticultural centres, home improvement and building supply outlets, and vehicle,
farm supply and large equipment sales facilities, flea markets and auction halls;
personal and financial services;
light industrial uses with accessory retail and service functions;
small scale office and studio uses and clinic uses adjacent to Shopping Nodes,
Neighbourhood Centres and as a transitional use adjacent to residential areas; and
institutional and special purpose residential/residential care uses.
A hotel is explicitly permitted while a casino could be considered as a hospitality and

tourist service as well as the commercial recreation and assembly uses. However,
Section 2.3 of the Official Plan provides direction on the commercial structure of the
municipality and indicates that entertainment facilities such as cinemas and theatres,
and hospitality and tourist facilities are particular priority functions for the Central Area.
Report PLPD16-038
The Official Plan Amendment (OPA) proposes to add a policy to Section 2.3 of the
Official Plan that permits a casino and gaming facility on the subject property.
Policy Review
Section 2.3 Commercial Structure Policies
Section 2.3 outlines the commercial structure of the City of Peterborough for the Central
Area, Shopping Nodes and Special Policy Area, none of which the subject site is part of.
While the site is not part of any of these areas, these policies are relevant to the
consideration of this OPA as the Official Plan policies must be read as a whole. There
are relevant Central Area policies that provide direction on where certain uses should
locate. In particular, the policies speak to entertainment and commercial uses where
they are to be among the prime focuses of the Central Area.
Priority Functions in the Central Area:
Section 2.3.1 states that the Central Area is:

the prime focus of office, cultural and entertainment uses as well as a diverse
range of retail facilities including specialty stores, regional uses and services in
addition to stores and services which support its residential population. It is also
much more than a commercial area and provides the focus for government
activities community and recreational uses, higher density and specialized
forms of housing, heritage sites and buildings, tourist facilities as well as the
site of several key industries. [emphasis added]
Further, the section states:

The following are regarded as the particular priority functions for the Central Area:
...entertainment facilities including cinemas and theatres, and hospitality and tourist
facilities, governmental and community facilities ... [Section (2.3.3.b) i)]
Conformity:
Strict interpretation of these policies would require that a casino as an entertainment
use be located in the Central Area; however, at issue is whether a casino is really the
kind of entertainment use envisioned by the Plan.
The intent of the Official Plan is to create a multi-functional destination in the Central
Area. The February 11, 2013 Staff Report PLPD16-038 noted that, the conglomeration
of major entertainment uses in the Central Area is intended to create a multi-functional
destination and generate traffic that in a synergistic way, adds to the vitality of the whole
Central Area. Businesses cross-fertilize each other and thus all win. The Central Area
Master Plan speaks, in reference to the other entertainment uses contemplated, that
they animate street life, are conducive to the activity and should have daily
interaction with other complementary cultural activities. The Central Area Master Plan
policies in the Official Plan speak to cultural and entertainment uses such as a multi-
purpose outdoor venue, museum, cinema or theater. These are the types of uses that
Report PLPD16-038
generate traffic in a synergistic way that adds to the vitality of the Central Area and
promotes cross-fertilization of businesses.
Conversely, a Casino tends to be a destination unto itself that does not result in any
significant cross-fertilization with other uses. It is a large land user requiring vast parking
facilities that is not a use that is easily accommodated in the Central Area. Its locational
requirements and land area requirements are similar to uses such as Costco that have
regional functions and are located outside of the Central Area.
The February 11, 2013 Staff Report (PLPD13-013) notes that, a casino is not the kind
of entertainment use that fulfills the intent of the entertainment function envisioned by
the Plan. Further as described in PLPD13-013, restricting casino/gaming to the Central
Area would only satisfy the letter of the Official Plan as opposed to the intent of the
Plan. Based on the function of a casino as a relatively unique single-purpose
destination, it would not contribute to the overall functionality of the Central Area in the
same way as a theater or cinema. Since it would not contribute to the synergies and
overall function of the Central Area, the proposed amendment, in locating the use
elsewhere, does not compromise the function of the Central Area. Instead, the
proposed Official Plan amendment would conform to the overall intent of contributing to
the commercial hierarchy in an appropriate manner by bringing an important region-
serving use to the City and locating it in an appropriate location.
Further, a gateway location, as proposed, on a service commercial designated site is an

appropriate location for such a facility due to its transportation and future transit
infrastructure, as well as its visibility at a gateway to the City.
Although a casino located in the Central Area will not achieve the synergies and cross-
fertilization envisioned for the Central Area, there may be associated functions to a
casino such as a stand-alone performing arts facility that are appropriate in the Central
Area. Such facilities and events would have a potential for synergistic relationships and
cross fertilization with other commercial facilities in the Central Area. Therefore, in order
to maintain conformity with the intent of the Central Area priority policies, it is important
that a broader entertainment function is not accommodated as part of the planned
casino/gaming facility and that stand-alone performance venues not be permitted.
The Official Plan amendment addresses this concern by restricting the use only to
entertainment ancillary to the gaming use and not entertainment that would serve as a
draw independent of the casino/gaming function.
Section 4.3.6 Service Commercial Policies
As previously discussed, the subject site is designated Commercial (Schedule A) and

conceptually shown on Schedule I as Service Commercial. This designation permits
commercial recreational uses and tourist uses, specifically listing hotels, motels, and
other hospitality and tourist services, and commercial recreation and assembly uses
under section 4.3.6.3.
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Conformity:
The proposed hotel is specifically permitted in the Service Commercial Designation and
conforms to the other hospitality and tourist services permission as well as
commercial recreation and assembly uses. In addition, the purpose of the Service
Commercial designation is to accommodate a restricted range of retail commercial
uses, which are not appropriate in the other commercial designations or have particular
site, access or storage/display requirements. (4.3.6.1) The casino use fits with this
description in being a large land user that requires ample parking.
Section 10.6 Central Area Master Plan
Additional policies pertaining to the Central Area speak to the priority focus of the
Central Area as a location for entertainment uses. For example, section 10.6.3 a) of the
Central Area Master Plan, states that the priority functions of the Central Area, worthy
of protection, are entertainment and cultural uses, major office uses and institutional
uses and Section 10.6.4.1 b) identifies one of the strategies as the promotion of
Downtown First philosophy for public investment in municipal cultural and
entertainment facilities.
Conformity:
As discussed above, the type of proposed facility, due to its regional scale and
destination nature, does not contribute to the intent of the Central Area. Section 10.6.3
sets out to stabilize and strengthen the retail function of the Central Area. Due to its
unique, single-attraction nature, the proposed use would not contribute to this intent,
thus the amendment is considered appropriate.
b) Zoning By-law
In order to implement the land use changes anticipated by the proposed Official Plan
Amendment to permit a Gaming Club or Casino in the vicinity of The Parkway and
Crawford Drive intersection, a draft amendment to the Zoning By-law has been
prepared in accordance with the process requirements under the Planning Act.
The site is currently zoned M2.2 and SP.268, which permits a wide range of prestige
industrial and service commercial uses. Current permitted uses for the site include:
M2.2 Uses:
A warehouse; wholesale establishment; transportation terminal; publishing and
printing establishment; research & development laboratory; utility service
installation; communications & broadcasting establishment; architectural,
engineering or technical service establishment; industrial office; chemical
blending establishment; contained assembly, processing or manufacturing plant
excluding a plant used for specific industrial uses; a regional scale office facility
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SP.268 Uses:
A video rental establishment; a personal service use; a sub post-office; a dry
cleaning depot; a place of assembly; a private club; a place of entertainment; an
art school, music school, dance school or fine arts school; a gymnasium or health
club; a place of amusement; a hotel; a restaurant; a service station; a car wash; a
public garage; a retail establishment for the sale of: motor vehicles, motor vehicle
parts, building products and contractor supplies, farm equipment, farm supplies,
grain and feed, boats, trailers, travel trailers and mobile homes, or furniture and
appliances; a nursery or greenhouse; a funeral parlour; a police station; an
ambulance station; a fire hall; a church; a library, museum or art gallery; an
animal hospital or veterinary office; a rental establishment; a printing shop; a flea
market; an auction hall; a parking lot or parking garage; a miniature golf course
The proposed zoning by-law amendment is intended to implement the policy changes
proposed in the draft Official Plan Amendment by the creation of a new Special Zoning
District (SP.363), with a limited list of commercial uses, which includes the following:
a) A gaming establishment/casino
b) A hotel
c) A restaurant
Uses permitted under the existing M2.2 and SP.268 zoning would be removed including
a regional scale office facility, currently permitted in the existing M2.2 Business Park
Zoning District. 1400 Crawford Drive is the last undeveloped site in the City that enjoys
the regional scale office permission established 20 years ago as part of an industrial
policy review. The M2.2 zoning district facilitated the relocation of the Federal offices
from King Street to a suburban location. Dropping the M2.2 zoning category from 1400
Crawford drive will further the Official Plan policies with regard to limiting large scale
office development outside of the Central Area.
The proposed amendment also introduces the following proposed definitions to Section
1 of the Comprehensive Zoning By-law 97-123:
Gaming Establishment / Casino means an establishment primarily engaged in

the playing of games of chance, or of mixed chance and skill, licensed by the
Province of Ontario, such as slot machines, card games, dice games, video
lottery terminals and other casino style games, machines, devices, or lottery
scheme for money or other items of value, and may also include ancillary uses
such as the sale of food and beverages, live music and other performing acts
and associated offices, but shall not include a Place of Assembly, Place of
Amusement, a Place of Entertainment or a Bingo Hall.
Gaming Position means a seat or standing location in which a person

participates in a casino gaming activity, such as slots and video machines or
table games.
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In order to provide clarity, the proposed amendment deletes the current definition for
Permanent Gaming Club or Permanent Casino and also replaces the reference to
Permanent Gaming Club or Permanent Casino with Gaming Establishment/Casino by
way of an amendment to the definitions of Place of Amusement, Place of Assembly
and Place of Entertainment.
The proposed zoning amendment will implement the Service Commercial Designation
of the lands in the Official Plan as well as the proposed policy amendment to Section
2.3.1 whereby a gaming club or casino is considered appropriate in the vicinity of The
Parkway and Crawford Drive intersection.
The regulations proposed in the SP.363 Zoning District are based on the commercial
district regulations that would typically implement the Service Commercial Designated
lands in the Official Plan. A maximum height of 7 storeys is proposed for the hotel on
site, and is considered appropriate for the scale of the development for the surrounding
land uses. Parking is to be provided on site, however, additional parking can also be
provided in a shared arrangement with the future inter-city commuter facility on the City
lands to the north of the subject property. Therefore, provision has been made in the
draft by-law to allow up to 25% of the required parking within 100 m of the subject lands.
Further, it is recommended that the City-owned property at 586 Harper Road be

rezoned to permit a parking lot or parking garage to specifically permit parking to occur
on this property. Therefore, it is recommended that the following exception be added to
Section 3.9 of the Zoning By-law and be applied to 586 Harper Road:
.306 In addition, a parking lot or parking garage is a permitted use.
Based upon a review of parking standards for casino development in other

municipalities and discussion with the provider, a parking ratio of 0.75 parking spaces
per gaming position is recommended by Planning Staff as appropriate to satisfy the
peak demand for parking. In addition to parking provided per gaming position, a
minimum of 1 space per 3 seats in the restaurant, together with 1 space per hotel
room/suite will be required in accordance with the current provisions of Section 4.2 of
the Comprehensive Zoning By-law. The concept site plan illustrates approximately 640
parking spaces. Based on the information provided regarding the proposed uses, a total
of approximately 630 parking spaces will be required to support the gaming
establishment / casino, restaurant and hotel uses.
Until further seasonal field investigations can be conducted to delineate the exact
location of the wetland feature within the woodlot at 540 Harper Road, the 30 metre
setback has been applied to the limit of the woody vegetation. The H Holding
Symbol could be removed once the wetland feature is delineated and it is shown that
the 30 metre buffer can be respected, or once an Environmental Impact Study, which
provides technical justification for any reduction to the 30 metre setback, has been
reviewed and approved by ORCA.
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c) Site Development
The proposal contemplates the development of a 4,000 square metre (43,000 square ft)
gaming establishment/casino, a 120 room hotel and the existing Tim Hortons. The
existing Tourism Information Centre building would be eliminated as of September of
2017. The conceptual site plan illustrates approximately 640 parking spaces with
vehicular access from Harper Road and a realigned Crawford Drive.
In November 2012, the City completed the Crawford Drive and Harper Road Class
Environmental Assessment which proposed:
the closure of Crawford Drive between The Parkway and Harper Road;
a new arterial street constructed from the Parkway/Crawford Drive intersection to
the north to connect with Harper Road at the C.P. Rail line; and
a realigned Harper Road connection to the new north south arterial street.
The new development respects the conclusions of the Class Environmental

Assessment and the new road network will be implemented as necessary to
accommodate the development.
i) Traffic Impact Study
Ainley Group Consulting and Engineers & Planners conducted a Traffic Impact Study.
Their study recommended a number of road improvements to accommodate the
proposed development. These improvements include:
At the intersection of Parkway at Crawford Drive:
Add a 50 m eastbound left turn lane

Replace the existing westbound left turn phase with an eastbound/westbound left
turn phase, add left turn signal heads for eastbound approach
Increase the westbound left turn lane to 60 m from the existing 20 m
At the intersection of Crawford Drive extension at southeast access:

Add a 15 m northbound left turn lane
At the intersection of Crawford Drive extension at the northeast access:

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At the intersection of Crawford Drive extension at future realigned Harper Road:

Add a 30 m southbound right turn parallel lane and 50 m taper
At the intersection of Harper Road at the north access:

Add a 15 m westbound left turn lane
At the intersection of Sir Sandford Fleming Drive at Fisher Drive:

Increase the southbound left turn lane to 50 m from the existing 20 m
At the intersection of Lansdowne Street at Webber Avenue:

Increase the northbound right turn lane to 45 m from the existing 20 m
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BA Group has been retained to review the Ainley Group Traffic Impact Study on behalf
of the City of Peterborough. The recommended improvements will be confirmed and
implemented through the site plan approval process.
ii) Environmental Considerations
Beacon Environmental Limited was retained to complete a preliminary review of the

natural heritage features at the subject property.
A wooded area that includes wetland and groundwater discharge is located along the
western portion of the site and extends west of the property. Several studies and
approvals have been completed for the site and surrounding area in recent years
including the Crawford Road Environmental Assessment (EA) and the Visitors Centre
Fish Compensation Plan. The natural heritage features and functions are relatively well
understood, sufficient to support the ZBA process, although detailed site specific
investigations will be required as part of the site plan approval process.
The purpose of the Beacon report is to provide a preliminary overview of natural

heritage features located on and adjacent to the property using existing information and
knowledge of the subject property and to provide recommendations for the next steps to
address natural heritage features through the site plan application phase. These tasks
have been completed through a combination of background review, review of applicable
natural heritage policies, consultation with the City and Otonabee Region Conservation
Authority (ORCA), reconnaissance level site investigation in 2016 and personal
knowledge of the site from previous investigations.
Through a review of the natural heritage features adjacent to the site, ORCA confirmed
that their policies require a 30 m buffer to be applied to non-provincially significant
wetlands unless it can be demonstrated that a reduced buffer will not result in negative
impact on the feature or its ecological functions. ORCA identified that seasonal
investigations of the wooded/wetland area will be required should a reduced buffer be
proposed.
Previous approvals and plans for the subject property were reviewed with a specific
focus on the Visitor Centre Fish Compensation Plan (City of Peterborough 2007). The
plan was developed by the City and D.M. Wills in 2007 to outline mitigation and
compensation for the installation of two culverts as part of the development of the
Visitors Center. The plan stipulated compensation measures that included planting
woody vegetation along the creek to compensate for the vegetation removal required for
the culvert installation. The recommendations from the Visitor Centre Fish
Compensation Plan were incorporated as conditions into a Fisheries Act approval
issued by the Department of Fisheries and Oceans (DFO) for the Visitor Centre works.
ORCA has agreed that the limit of the existing woody vegetation along the tributary is
considered to still be an appropriate buffer for the Harper Creek tributary.
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Beacon advised that through the Zoning By-law Amendment process, a 30 m Holding
Provision should be applied to the limit of woody vegetation associated with the natural
feature on the western portion of the subject property.
This 30 m limit represents a conservative approach that assumes that: 1) the limit of the
woody vegetation coincides with the potential maximum limit of wetland conditions and
that 2) a 30 m buffer is the maximum that would be required to protect the function of
the feature.
As established through consultation with ORCA and the City the 30 m Holding Provision
could be removed once seasonal field investigations delineate the limit of the wetland,
creek channel location (to the west) and determine the function of the features. The
function of the feature needs to be evaluated through an Environmental Impact Study
(EIS), which must be approved by ORCA before the 30 m Holding Provision can be
removed.
The proposed Zoning By-law amendment respects the Beacon recommendation.
The proposed site for the casino is not part of Harper Park as depicted on the figure
above. Harper Park is well buffered from the casino site by other City owned properties,
some of which may be added to the Harper Park designation in time. 1400 Crawford
Drive has been zoned for a wider range of commercial and industrial uses for many
Report PLPD16-038
years. For the past 10 years the site has been prepared for development including a
hotel and convention centre.
iii) Functional Servicing and Preliminary Stormwater Management Reports
Municipal services exist or are within close proximity to the site. These services include:
An existing 1050 mm diameter sanitary trunk sewer which traverses the site
between the new proposed north south arterial street to Harper Road. The sewer is
within a municipal easement.
An existing 300 mm diameter watermain is located east of the site, along the west
side of the proposed north south arterial street and to the south along Crawford
Drive.
On site stormwater management controls will be used to mitigate post-development
stormwater. The site development will be subject to providing enhanced water
quality control and ensure post-development flows do not exceed pre-development
flows.
A detailed stormwater management plan will be submitted as part of the Site Plan
Approval process and will be approved by the City and Otonabee Regional
Conservation Authority. The following studies will be submitted in support of the site
plan:
o geotechnical report
o hydrogeological study
o environmental impact study
iv) Site Plan Approval
All of the technical requirements associated with the development of the site will be
addressed through the Site Plan Approval process. This will include issues such as road
improvements, driveway access and parking, storm water management, lighting and
landscaping. The Site Plan Approval process will be initiated and led by the developer.
The Citys Site Plan Control By-law (By-law 11-081) requires that a Site Plan with a
non-residential building floor area in excess of 2,500 square metres (27,000 sq ft) be
approved by City Council. If it is Councils desire for the Site Plan for the casino and
hotel site to be approved by staff in order to facilitate the timely commencement of
construction, the Recommendation section of this report can be amended to include the
following resolution:
Notwithstanding By-law 11-081, the approval of the Site Plan and elevation drawings
of the proposed casino and hotel development at 1400 Crawford Drive be delegated to
the Administrative Staff Committee.
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Response to Notice
Notice of Public meeting was advertised in the Peterborough Examiner on April 14,
2016 and mailed to property owners within 120 metres of the subject properties.
a) Significant Agency Responses:

There were no significant agency comments regarding the land use approvals. The site
is easily serviced with municipal servicing and traffic impacts can be addressed with the
recommended improvements of the traffic impact study.
Otonabee Conservation is satisfied that their recommended setbacks from nearby

features are maintained until they have reviewed and approved an environmental
impact study that recommends any reductions in these setbacks.
b) Summary of Public Responses:

Public comments referred primarily to the environment impacts on Harper Park.
Concerns expressed included:
Watershed impacts due to disrupting stormwater flows

Impacts on brook trout in Harper Creek
Impacts of light pollution on wildlife
Impacts of increased traffic on wildlife corridors.
Potential encroachment of development on lands adjacent to and within Harper
Park.
The proposed site for the casino is not part of Harper Park nor is it adjacent to the Park.
The C.P. Rail line, municipal operations and industrially developed properties separate
Harper Park from the subject lands.
The existence of the cold water fisheries and wetland block in the immediate area are
well documented and will be respected and protected to the respective agencys
satisfaction through the development. Site Approval will detail matters such as
stormwater management controls to protect the cold water tributaries, traffic
improvements, landscaping, and low level lighting.
Comments were also raised stating that the casino should be located in the downtown
area. This report previously discusses the policy rationale for the proposed site.
Submitted by,
Ken Hetherington Paul Lowes

Manager, Planning Division SGL Planning & Design Inc.
Report PLPD16-038
Concurred with,
Malcolm Hunt, Director

Planning and Development Services
Contact Name:
Ken Hetherington
Planning & Development Services
Phone: 705-742-7777, Extension 1781
Toll Free: 1-855-738-3755
Fax: 705-742-5218
E-mail: khetherington@peterborough.ca
Attachments:
Exhibit A Land Use Map
Exhibit B Concept Site Plan and Development Renderings
Exhibit C Draft Official Plan Amendment
Exhibit D Draft Zoning By-law Amendment
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Exhibit A, Page 1 of 1
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Exhibit B, Page 1 of 3
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Exhibit C, Page 1 of 1
The Corporation of the City of Peterborough

By-Law Number 16-
Being a By-law to adopt Amendment No. XXX to the Official Plan of the City of
Peterborough as it relates to Section 2.3 Commercial Structure
The Corporation of the City of Peterborough by the Council thereof hereby enacts as
follows:
That Section 2.3.1 Role and Components of the Official Plan of the City of
Peterborough be amended as follows:
i) After the sixth paragraph, a new paragraph be added as follows:
Despite the Central Area being the prime focus for entertainment uses, a
gaming club or casino is an appropriate facility to be located in the vicinity of The
Parkway and Crawford Drive intersection. Such facility shall not include a live
performance venue or theatre but may include live music and other performing
acts ancillary to the operation of the gaming club or casino.
By-law read a first, second and third time this day of , 2016.
Daryl Bennett, Mayor

Report PLPD16-038
Exhibit D, Page 1 of 5

By-Law Number 16-
Being a By-law to Amend Section 1, Definitions of the Zoning By-law, together with the
Zoning for the properties known as 1400 Crawford Drive and 586 Harper Road
follows:
1. That Section 1 Definitions of By-law 97-123 be amended by:
a) Deleting Permanent Gaming Club or Permanent Casino together with the

definitions.
b) Adding the following definitions:
Gaming Establishment / Casino means an establishment primarily

engaged in the playing of games of chance, or of mixed chance and skill,
licensed by the Province of Ontario, such as slot machines, card games,
dice games, video lottery terminals and other casino style games,
machines, devices, or lottery scheme for money or other items of value,
and may also include ancillary uses such as the sale of food and
beverages, live music and other performing acts and associated offices,
but shall not include a Place of Assembly, Place of Amusement, a Place of
Entertainment or a Bingo Hall.
Gaming Position means a seat or standing location in which a person

participates in a casino gaming activity, such as slots and video machines
or table games.
Report PLPD16-038
c) Amending the following definitions:
Place of Amusement: delete permanent gaming club or permanent

casino and replace with Gaming Establishment / Casino
Place of Assembly: delete permanent gaming club or permanent casino

and replace with Gaming Establishment / Casino
Place of Entertainment: delete permanent gaming club or permanent

casino and replace with Gaming Establishment / Casino
2. That Section 3.9 Exceptions of By-law 97-123 be amended by adding the

following:
.306 In addition, a parking lot or parking garage is a permitted use.
3. That Section 393 Special District 363 (SP.363) be added to By-law 97-123 as
follows:
Section 393
Special District 363 (SP. 363)
393.1 For the purpose of this by-law, land use district Special District 363 is
hereby established and may be referred to by the symbol SP.363.
Permitted Uses
393.2 No person within a SP.363 District shall use any land or erect, alter or
use any building or part thereof for any purpose other than:
a) a gaming establishment /casino

b) a hotel
c) a restaurant
Regulations
393.3 No person shall within a SP.363 District use any land or erect, alter or
use any building or part thereof except in accordance with the following
regulations:
Report PLPD16-038
Type Requirement
a) minimum lot width 30 metres
b) minimum lot depth 45 metres
c) minimum building setback
side lot line or rear lot line 10 metres
d) maximum building coverage 20%
e) maximum building height 7 storeys for a hotel
3 storeys for all other uses
f) minimum landscaped open space 15% of the area of the lot
g) minimum landscaped open space 1.5 metres along all lot lines
provided such open space may
be interrupted by driveways
h) an accessory building, waste
receptacle or garbage storage area
may be erected or located within the
district, excepting within the minimum
required landscaped open space area,
provided the following regulations are
complied with:
i) minimum setback 3 metres
ii) maximum height 3 metres
iii) maximum building or site area 15 square metres
i) minimum motor vehicle parking
requirements:
i) gaming establishment/casino 0.75 spaces per gaming position
ii) restaurant In accordance with Section 4.2
iii) hotel In accordance with Section 4.2
j) notwithstanding the provisions of Section 4.2, 25% of the required motor
vehicle parking may be permitted off site within 100m of lands zoned
SP.363.
393.4 SP.363 District is hereby designated as a commercial district
4. Map 21 forming part of Schedule A to By-law 97-123 is amended by changing

the area shown on the sketch attached hereto as Schedule A from M2.1-18b to
M2.1,18b-306, from M2.2-SP.268 to SP.363, from M2.2-SP.268 to SP.363-H,
and from M2.2-SP.268 to OS.1.
5. That the H Holding Symbol be removed subject to the completion, review and
approval of an Environmental Impact Study by Otonabee Region Conservation
Authority to establish an appropriate setback from the westerly property line.
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Schedule A
Exhibit K
This is Exhibit "K" referred to in the Affidavit of K. Roy Brady
Leigh Ann Klghtley,

Ontario for H.GIrvin Devitt,
Barristerand SolIcitor.
Expires June n, 2020.
City Council Minutes
May 16, 2016
Minutes of a Meeting of City Council held on May 16, 2016, at

Showplace Performance Centre.
The City Council meeting was called to order at 6:02 p.m. at Showplace
Performance Centre, 290 George Street North, Peterborough.
Roll Call:
Councillor Baldwin
Councillor Beamer
Councillor Clarke
Councillor Haacke
Councillor Pappas
Councillor Parnell
Councillor Riel
Councillor Therrien
Councillor Vassiliadis
Mayor Bennett
Confirmation of Minutes April 25, 2016
That the minutes of the meeting of Council held on April 25, 2016 be
approved.
CARRIED
Disclosure of Pecuniary Interests
Councillor McWilliams declared interests in Items 4 and 7 of Committee of the

Whole Report No. 8, Report CSD16-015 Community Investment Grants as
he is the Board Chair for Camp Kawartha, and Report CPFS16-012
December 31, 2015 Financial Update Report (Unaudited) (recommendation
c), as he is a member of the Peterborough Police Service Board and the
Board is currently under investigation by the Ontario Civilian Police
Commission.
Councillor Therrien declared an interest in Items 4 and 5 of Committee of the

Whole Report No. 8, Report CSD16-015 Community Investment Grants
2016 and Report CSD16-016 Community Projects Grants as she is
employed by an agency receiving funding and her partner is a Board member
on an agency that is receiving funding.
Councillor Pappas declared an interest in Item 5 of Committee of the Whole

Report 8, Report CSD16-016 Community Projects Grants, as his spouse is
treasurer for the Peterborough Boy Scouts.
Councillor Clarke declared an interest in Item 4 of Committee of the Whole

Report No. 8, Report CSD16-015 Community Investment Grants 2016, as
he sits on the Board for St. Johns Ambulance.
Councillor Haacke declared an interest in Item 7 of Committee of the Whole

Report No. 8, Report CPFS16-012 December 31, 2015 Financial Update
Report (Unaudited) (recommendation c), as he is a member of the
Peterborough Police Service Board and the Board is currently under
investigation by the Ontario Civilian Police Commission.
Mayor Bennett declared an interest in Item 6 of Committee of the Whole

Report No. 8, Report USPW16-011 Award for Proposal P-12-16 for the
Supply and Delivery of Five Trucks with Front Plows and Winds, as he owns a
business involved in the repair of truck engines.
Delegations
Registered Delegations:
Susan Dunkley, Alzheimer Society Peterborough Kawartha Lakes

Northumberland & Haliburton, made a delegation to Item 4 of Committee of
the Whole Report No. 8 (Report CSD16-015 - Community Investment Grants
2016).
Bob Hall, Ken East and Jamie Tudhope, Police Services Board will make a
delegation to Item 7 of Committee of the Whole Report No. 8 (Report
CPFS16-012 - December 31, 2015 Financial Update Report (Unaudited).
Kady Denton, 657 Water Street, made a delegation to Item 1 of Planning

Committee Report No. 5 (Report PLPD16-038 - Official Plan Amendment and
Zoning By-law Amendment for 1400 Crawford Drive and 586 Harper Road).
Dave Madill, DBIA, made a delegation to Item 1 of Planning Committee

Report No. 5 (Report PLPD16-038 - Official Plan Amendment and Zoning By-
law Amendment for 1400 Crawford Drive and 586 Harper Road).
Mark Cumming, 523 Aylmer Street, made a delegation to Item 1 of Planning

Kim Zippel, 1712 Stenson Blvd., made a delegation to Item 1 of Planning

Sheila Nabigon-Howlett, No Casino Peterborough, made a delegation to Item

1 of Planning Committee Report No. 5 (Report PLPD16-038 - Official Plan
Amendment and Zoning By-law Amendment for 1400 Crawford Drive and 586
Harper Road).
Judith Meade, 457 Gordon Avenue, made a delegation to Item 1 of Planning

Hans Vink, 223 Fifes Bay Road, Selwyn, will make a delegation to Item 1 of
Planning Committee Report No. 5 (Report PLPD16-038 - Official Plan
Harper Road).
Scott McFadden, Mayor of Cavan Monaghan, will make a delegation to Item 1

of Planning Committee Report No. 5 (Report PLPD16-038 - Official Plan
Harper Road).
Councillor Clarke left the meeting at 7:58 pm and returned 8:01p.m.

Delegations Not Registered:
Committee of the Whole Report
There were no delegations

.
Planning Committee Report
Jo Hayward Haines, Ennismore, made a delegation to Item 1 of Planning

Carlene Johnson, 1 Wallace Street, made a delegation to Item 1 of Planning

Roy Brady, 136 Ware Street, made a delegation to Item 1 of Planning

Councillor Beamer left the meeting at 8:15 p.m. and returned 8:18 p.m.
Rachel Worchis-Vita, 561 Gilmour Avenue, made a delegation to Item 1 of

Planning Committee Report No. 5 (Report PLPD16-038 - Official Plan
Harper Road).
Bob James, 781 Barnardo Avenue, made a delegation to Item 1 of Planning

Carol Andrews, Marina Boulevard, made a delegation to Item 1 of Planning

Other Items on the Agenda
There were no delegations.
Committee of the Whole Report Number 8

Moved by Councillor Beamer, seconded by Councillor Pappas
That Report Number 8 of the Committee of the Whole meeting of May 2,

2016 be approved.
Items 4, 5, 6, and 7 were separated due to the previously declared interests.
Upon items 1, 2, 3 and 8, the motion carried.
Item 4 Community Investment Grants 2016
Due to their previously declared interests, Councillors Clarke, McWilliams and

Therrien did not discuss or vote on the matter.
Upon item 4 the motion carried.
Item 5 Community Project Grants 2016
Due to their previously declared interests, Councillor Pappas and Therrien did
not discuss or vote on the matter.
Item 6 Award of Proposal P-12-16 for the Supply and Delivery of Five Trucks
with Front Plows and Wings
Due to his previously declared interest, Mayor Bennett did not discuss or vote
on the matter.
Item 7 December 31, 2015 Financial Update Report (Unaudited)
Upon recommendations a), b), d), e) and f) the recommendations carried.
Item 7c) December 31, 2015 Financial Update Report (Unaudited)
Due to their previously declared interests, Councillors McWilliams and Haacke did not
discuss or vote on this item
Upon item Recommendation 7c) the motion carried.

The main motion of Councillors Pappas and Beamer was therefore carried.
Moved by Councillor Parnell, seconded by Councillor Beamer
That Report Number 5 of the Planning Committee meeting of May 9, 2016

be approved.
Item 1 - Official Plan Amendment and Zoning By-law Amendment for 1400
Crawford Drive and 586 Harper Road
That Recommendation f) be amended by adding the following:
That the completion of an environmental impact study acceptable to

Otonabee Region Conservation Authority identifying the precise
location of the wetland feature on 540 Harper Road.
That Recommendation i) be added to the main motion as follows:
i) Notwithstanding ORCA policy that allows a justification process to

consider a reduction in the regulated 30m buffer, Council prefers a
site plan submission that;
Respects a 30m buffer and,
Proposes measures promoting the ecological function of Harper
Park
That Recommendation j) be added to the main motion as follows:
j) That the zoning by-law contain a regulation limiting the floor area
devoted to live music and performing acts uses to 300 square
metres.
That the recommendations be amended by adding item k) as follows:

k) That as part of the site plan approval process staff involve
stakeholders such as the Harper Park Stewardship Initiative and
the Peterborough Field Naturalists.
CARRIED
Moved by Councillor Pappas, seconded by Councillor Vassiliadis
That recommendation h) be deferred for two cycles.
CARRIED
A recorded vote was requested by Councillor Baldwin on the main motion of Councillors
Parnell and Beamer, as amended. The Clerk conducted a roll call on the motion.
In Support of Motion Not in Support of Motion

Councillor Haacke Councillor Clarke
Councillor Pappas Councillor Baldwin
Councillor Beamer Councillor Therrien
Councillor Parnell
Councillor Vassiliadis
Councillor Riel
Mayor Bennett
Upon the main motion of Councillors Parnell and Beamer, as amended, the motion
carried.
Notice of Motion
Moved by Councillor Pappas, seconded by Councillor Riel
That the City of Peterborough donate $1,000.00 to the Canadian Red Cross in
support of the Disaster Relief Fund for the support of the Municipality of Fort
McMurray.
CARRIED
By-laws
Moved by Councillor Parnell, seconded by Councillor Beamer
16-049 Being a By-law to remove the H Holding Symbol from

the zoning of the property at 325 London Street
16-050 Being a By-law to establish certain lands in the City of

Peterborough as part of the Public Highway named Clonsilla
Avenue
16-051 Being a By-law to authorize the execution of an

Encroachment Agreement for lands municipally known as
154 Hunter Street East, in the City of Peterborough
16-052 Being a By-law to adopt Amendment No. 173 to the Official

Plan of the City of Peterborough as it relates to Section 2.3
Commercial Structure
16-053 Being a By-law to Amend Section 1, Definitions of the

Zoning By-law, together with the Zoning for the properties
known as 1400 Crawford Drive and 586 Harper Road (as
amended)
and the said by-laws, as amended, having been now read a third time
and passed, the Mayor and Clerk be authorized to sign and seal the
same.
CARRIED
Other Business
There were no items of Other Business.
Confirmatory By-law
Moved by Councillor Pappas, seconded by Councillor Vassiliadis
That the following by-law be read a first, second and third time:
16-054 Being a By-law to confirm the proceedings of Council at its
meeting held on May 16, 2016.
and the said by-law, having been now read a third time and passed, the
Mayor and Clerk be authorized to sign and seal the same.
CARRIED
Adjournment
That this meeting of City Council adjourn at 9:40 p.m.
CARRIED
John Kennedy
City Clerk
Daryl Bennett
Mayor
Committee of the Whole Report No. 8

Meeting of May 2, 2016
To the Council of The City of Peterborough for consideration at its

Meeting held May 16, 2016
The Committee of the Whole as a result of its meeting held on May 2,

2016, recommends as follows:
1. President & CEO, Peterborough Economic Development
Board Chair, Peterborough Economic Development
Report PED16-002
PED 2016 First Quarter Report
That Council approve the recommendation outlined in Report

PED16-002 of the President & CEO and Board Chair of
Peterborough Economic Development, as follows:
That Report PED16-002, and supporting presentation, providing

the Peterborough Economic Development 2016 First Quarter
Report be received.

Report CSRS16-003
Vision 2025 Consultant Presentation

CSRS16-003 dated May 2, 2016, of the Director of Community
That a presentation by Mr. Robert Lockhart, from RETHINK Group,

be received as an update on the Vision 2025 project A 10-year
Strategic Plan for Recreation, Parks, Arenas, and Culture.

Report USEC16-012
Canada Flags on George Street and Hunter Street East
That Canadian flags be installed, at staffs discretion on up to 45

poles in 2016; and
That staff provide a report on the cost to install City of

Peterborough flags in future years.
Report CSD16-015
Community Investment Grants 2016
That Members of the Committee of the Whole approve the

recommendations outlined in Report CSD16-015, dated May 2,
2016, of the Director of Community Services, as follows:
a) That a transfer of $2,000 from the Community Project Grant

budget be allocated to Investment Grants.
b) That the 2016 Community Investment Grants in the total

amount of $212,000 be allocated to various local charitable
and Not For Profit organizations (NFPs) as set out in the
attached Appendix A.
c) That approved organizations be authorized and required to

use the City Coat of Arms to acknowledge City support on
promotional material such as flyers, brochures and posters
throughout 2016.
d) That, effective 2017, community-based organizations that

receive significant direct and indirect City contributions
towards major capital projects, be deemed eligible to apply
for either Project Grants or Investment Grants in accordance
with eligibility criteria.

Report CSD16-016
Community Project Grants 2016

CSD16-016, dated May 2, 2016, of the Director of Community
a) That the 2016 Community Project Grants in the total amount

of $19,000 be allocated to various local charitable and Not
For Profit organizations (NFPs) as set out in the attached
Appendix A;
b) That approved organizations be authorized to use the City

Coat of Arms to acknowledge City support on promotional
material such as flyers, brochures and posters throughout
2016.

Report USPW16-011
Award of Proposal P-12-16 for the Supply and Delivery of Five
Trucks with Front Plows and Wings

USPW16-011 dated May 2, 2016 of the Director of Utility Services
as follows:
That Proposal RFP P-12-16 for the Supply and Delivery of Five
60,000 GVW Cab and Chassis Trucks with Front Plows and Wings
and U Body Combination Units be issued to Viking Cives Ltd., 1
Norfolk Drive, Mount Forest, ON, N0G 2L0, at a cost of
$1,039,440.00 plus $135,127.20 HST for a total cost of $1,174,567.20
with an option, at the Citys sole discretion, to enter into
negotiations with Viking Cives Ltd. for an additional 15 units over
the next five years.

Report CPFS16-012
December 31, 2015 Financial Update Report (Unaudited)

CPFS16-012 dated May 2, 2016, of the Director of Corporate
a) That the December 31, 2015 Quarterly Financial Report

(unaudited) attached as Appendix A to Report CPFS16-012,
dated May 2, 2016, be received.
b) That Capital Levy approved in previous years capital budgets
for various projects, that is no longer needed, in the amount
of $537,088 and shown on Chart 3 in the report CPFS16-012,
be transferred to the Capital Levy Reserve.
c) That 100% of the balance of the 2015 Police Services surplus

in the amount of $251,971 be returned to the City.
d) That an amount of $63,180, representing excess funds

budgeted for the occupancy costs for the Peterborough
County City Health Unit (PCCHU) at 185 King Street, be
transferred to the PCCHU Reserve to provide an available
source of municipal funds for future funding opportunities as
required.
e) That an additional contribution, in the amount of $224,100, be

provided to the Peterborough Public Library Board to
partially fund the pay equity obligation to CUPE Local 1833.
f) That the application, as approved by Council in

recommendation c) of Report CPFS15-058 September
Financial Update Report dated November 30, 2015, be
amended and submitted to Canada Cultural Spaces Fund,
Department of Canadian Heritage, requesting $375,000 of
financial support for the proposed Museum 2016 Exterior
Cladding and Window Project.
8. Program to Prioritize Rehabilitation of Streets Identified in the

Road Needs Study
That the Utility Services Department be requested to report on a

program to prioritize and fund the rehabilitation of streets that the
Roads Need Study refers to as serious and/or failed.
Submitted by,
Councillor Beamer
Chair
May 2, 2016

Meeting of May 9, 2016
To The Council of the City of Peterborough, for consideration at its

meeting held May 16, 2016
The Planning Committee, as a result of its meeting held on May 9,

2016 recommends as follows:
1. Public Meeting under the Planning Act

Report PLPD16-038
Official Plan Amendment and Zoning By-law Amendment for
1400 Crawford Drive and 586 Harper Road

PLPD16-038 dated May 9, 2016, of the Manager, Planning Division,
as follows:
a) That Council confirm that the City-initiated applications for

Official Plan Amendment and Rezoning to permit a casino in
the City of Peterborough at a location consistent with Report
PLPD13-013(A) are consistent with its direction previously
given in Closed Session on November 16, 2015;
b) That Section 2.3 Commercial Structure of the Official Plan

be amended in accordance with the draft amendment
attached as Exhibit C to Report PLPD16-038;
c) That Section 1 of the Citys Comprehensive Zoning By-law 97-

123 be amended to include a definition for a Gaming
Establishment/Casino and Gaming Position in accordance
with the draft amendment attached as Exhibit D to Report
PLPD16-038;
d) That the Citys Comprehensive Zoning By-law 97-123 be
amended in accordance with Exhibit D of Report PLPD16-
038 by adding Section 393 Special District 363 to identify a
gaming establishment/casino, hotel and restaurant as
permitted uses and associated regulations under the SP.363
zoning district;
e) That the zoning of the property at 1400 Crawford Drive be

amended from M2.2-SP.268 to SP.363, from M2.2-SP.268 to
SP.363-H and from M2.2-SP.268 to OS.1, in accordance
with Exhibit D of
Report PLPD16-038;
f) That the H-Holding Symbol be removed from the subject

property following the review and approval of a Traffic Impact
Study by the Ministry of Transportation.
That the completion of an environmental impact study

acceptable to Otonabee Region Conservation Authority
identifying the precise location of the wetland feature on 540
Harper Road.
g) That Section 3.9 Exceptions of the Comprehensive Zoning

By-law 97-123 be amended in accordance with Exhibit D of
Report PLPD16-038 by adding the following: .306 In
addition, a parking lot or parking garage is a permitted use;
and
At the meeting on May 16, 2016, Council passed the following

motion:
That recommendation h) be deferred for two cycles.
h) That the zoning of the property at 586 Harper Road be amended

from M2.1-18b to M2.1,18b-306 in order to permit a parking lot as
an additional permitted use in accordance with Exhibit D of
Report PLPD16-038.
At the meeting on May 16, 2016, recommendation i), j) and k) be

added:
i) Notwithstanding ORCA policy that allows a justification
process to consider a reduction in the regulated 30m buffer,
Council prefers a site plan submission that;
- respects a 30m buffer, and
- proposes measures promoting the ecological function of
Harper Park.
j) That the zoning by-law contain a regulation limiting the

floor area devoted to live music and performing acts uses to
300 square metres.
k) That as part of the site plan approval process staff involve

stakeholders such as the Harper Park Stewardship Initiative
and the Peterborough Field naturalists.
Submitted by,
Councillor Parnell
Chair
May 9, 2016
Exhibit L
This is Exhibit :'~ referred to in the Affidavit of K. Roy Brady
sworn August J:'1!:.': , 2017
for Taking Affidavits (or as may be)
leigh Ann Klghtley,

Expires June ii, 2020.
REPORT TO
THE COUNCIL OF THE CORPORATION OF THE CITY OF PETERBOROUGH
REGARDING THE INVESTIGATION OF A CLOSED MEETING
OF COMMITTEE OF THE WHOLE (COUNCIL)
HELD ON NOVEMBER 16, 2015
I. Complaint
Amberley Gavel Ltd. received a complaint about a closed meeting held by

Committee of the Whole of the Council (Committee of the Whole) of the City of
Peterborough (City) on November 16, 2015. The complainant requested an
investigation into the validity of the closed meeting as it was alleged that the
subject matter of one or more of the items discussed at the meeting did not fit
within one of the open meetings exceptions under the Municipal Act, 2001 1.
II. Jurisdiction
The City appointed Local Authority Services (LAS) as its closed meeting
Investigator pursuant to section 239.2 of the Municipal Act. LAS has delegated
its powers and duties to Amberley Gavel Ltd. to undertake the investigation and
report to the City.
III. Background
Section 239 of the Municipal Act provides that all meetings of a municipal
council, local board or a committee of either of them shall be open to the public.
This requirement is one of the elements of transparent local government.
The section sets forth exceptions to this open meeting rule. It lists the reasons
for which a meeting, or a portion of a meeting, may be closed to the public.
Section 239 reads in part as follows:
1
S.O. 2001, c. 25 (hereinafter Municipal Act or Act).
1
Meetings open to public
239. (1) Except as provided in this section, all meetings shall be open to the
public. 2001, c. 25, s. 239 (1).
Exceptions
(2) A meeting or part of a meeting may be closed to the public if the subject
matter being considered is,
(a) the security of the property of the municipality or local board;
(b) personal matters about an identifiable individual, including municipal or local
board employees;
(c) a proposed or pending acquisition or disposition of land by the municipality
or local board;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
(f) advice that is subject to solicitor-client privilege, including communications
necessary for that purpose;
(g) a matter in respect of which a council, board, committee or other body may
hold a closed meeting under another Act. 2001, c. 25, s. 239 (2).
Section 239 also requires that before a council, local board or committee move
into a closed meeting, it shall pass a resolution at a public meeting indicating
that there is to be a closed meeting. The resolution also must include the
general nature of the matter(s) to be deliberated at the closed meeting.
Subsections 239 (5) & (6) limit the actions that may be taken by the council,
local board or committee at the closed session. Votes may only be taken at a
closed meeting for procedural matters or for giving direction or instructions to
staff or persons retained by the municipality, such as a lawyer or planner. It
provides as follows:
Open meeting
(5) Subject to subsection (6), a meeting shall not be closed to the public during
the taking of a vote. 2001, c. 25, s. 239 (5).
Exception
(6) Despite section 244, a meeting may be closed to the public during a vote if,
(a) subsection (2) or (3) permits or requires the meeting to be closed to the
public; and
(b) the vote is for a procedural matter or for giving directions or instructions to
officers, employees or agents of the municipality, local board or committee of
either of them or persons retained by or under a contract with the
municipality or local board. 2001, c. 25, s. 239 (6).
2
IV. Investigation
The Clerk, City Solicitor, Director of Planning and Development, and Deputy Clerk
were consulted as part of the investigation process. Documents provided by the
City and reviewed during the course of the investigation included the Agenda
and Minutes of the Committee of the Whole Meeting, background
documentation provided at the subject meeting, the Citys Procedure By-law,
other relevant material, and applicable legislation.
(a) Notice and Agenda for the Committee of the Whole Meeting,
November 16, 2015
The Agenda noted, among other items, that the Committee of the Whole was
intended to be in a closed session under section 239(2)(c) of the Municipal Act
as the subject matter was proposed or pending acquisition/disposition of land
by the municipality or a local board. Notice of the date, time and location of
the Meeting was provided to the public in accordance with the Citys established
procedures.
(b) Minutes of the Committee of the Whole Meeting, November 26,

2015
The Minutes of the Committee of the Whole (Minutes) indicate that Committee
of the Whole convened at 4:57 p.m., then immediately moved into Closed
Session at 4:57 p.m. and back out of closed session at 6:38 p.m. In terms of the
subject matter at issue in this complaint, Committee of the Whole received a
presentation from staff about the Cavan Monaghan Boundary Issue. The
presentation suggested several key directions to staff as a result of that
presentation. One involved the boundary issue with Cavan Monaghan. The other
dealt with the designation of an alternate potential Casino site and was worded:
rezoning) for the 'gateway site', and should the proponent be interested in
an alternative site, Council will consider it.
The gateway site was within the City limits and required no discussion with
Cavan Monaghan.
3
V. ANALYSIS
(a) Potential or Pending Acquisition or Disposition of Land
In the closed session staff reviewed details about discussions regarding the
ongoing and longstanding negotiations with Cavan Monaghan related to
boundary adjustments, servicing allocations for the Township, and a potential
casino for the area. According to staff, it was believed that all of these issues
engaged the potential acquisition of land by the City.
In addition, the parties (i.e. the City and the Township) had sought the
assistance of the Provincial Land and Development Facilitator to aid in the
negotiation of the boundary adjustment issues. The Provincial Development
Facilitator Coordinator (PLDC) assists municipalities and other parties to resolve
any land use disputes through negotiation and mediation. According to staff, it
was practice at the time of that Office to insist upon confidentiality of the
negotiation process.
Committee of the Whole went beyond its negotiating strategy with Cavan
Monaghan at its meeting and gave staff direction in the resolution quoted above
Apparently the public was not aware of Councils direction with respect to the
alternative site until almost six months later, in May 2016, when staff had
already considered the options for Official Plan amendments and rezoning.
The complainant asked us whether or not Council had already made its decision
as to the use of this property when it began the process in public in May of 2016.
That determination is outside the mandate of a closed meeting investigator.
(b) Provincial Land and Development Facilitator
Staff indicated that the PLDF requires that all negotiations and discussions
related to the negotiations between parties with respect to municipal boundary
adjustment be confidential.
With respect, we see nothing in the Municipal Act that would allow the PLDF to
request this requirement. We are unaware of any legislation that would give the
PLDF or any other Provincial official the authority to require that a municipal
council breach the open meetings provisions of the Municipal Act. This
determination is consistent with previous closed meeting investigations we have
performed.
Confidential discussions between staff or agents of councils are of course
4
possible. But the direction that they take from Councils to follow in those
discussions can only be given in a closed session if the subject matter itself
meets one of the previously cited exceptions. Negotiating parameters for the
acquisition of land for road widening is a common example of an allowable
direction.
Amendments to the statutory exceptions that might consider such discussions as

were held by Committee of the Whole in November 2015 are proposed in Bill 68,
introduced in late 2016, but at all material times were not the law.
(c) Disclosing the General Nature of the Matter to be Discussed
The Agenda for the Committee of the Whole Meeting and the resolution to move
into Closed Session cited the exemptions under the Municipal Act being used to
justify why the meeting was to be closed to the public. In this particular case,
the general nature of the proposed discussion disclosed was dealing with a
Cavan Monaghan Boundary Issue.
The public was not, and could not be aware, that Council would be asked to
consider an alternate casino location in the event of failed negotiations with
Cavan Monaghan for a Boundary Adjustment and partnership casino.
VI. Findings
It was argued that the City was following Provincial direction and believed that
the discussions surrounding the Boundary Adjustment, which were linked to a
possible casino site decision, had to be held in closed session.
We do not agree, in fact we do not believe that there is any authority for it to be
in closed session under one of the discretionary exceptions to the open meeting
requirement of the Municipal Act for the purpose of discussing municipal
boundary adjustments.
It was also argued that the discussions involved the acquisition of land by a
municipality and hence fell into one of the statutory exceptions possible.
We do not agree with this argument either as the municipality was not
acquiring land. While it might take title to some roads as an incidental result of
a boundary adjustment, the purposes of the discussions was not to actually take
title to specific property or properties.
5
VII. Conclusion
Amberley Gavel has concluded that Committee of the Whole for the Council of
the City of Peterborough breached the open meetings requirement of the
Municipal Act on November 16, 2015 when meeting in closed session.
VIII. Public Report
We received full co-operation from all parties that we contacted and we thank
them.
This report is forwarded to the Council of the Corporation of the City of

Peterborough. The Municipal Act provides that this report be made public. It is
suggested that the report be included on the agenda of the next regular meeting
of Council or at a special meeting called for the purpose of receiving this report
prior to the next regular meeting.
January 2017
Closed Meeting Investigator

AMBERLEY GAVEL LTD.
Nigel Bellchamber
____________________
Per:
6
Exhibit M
This is Exhibit "lVJ~~ referred to in the Affidavit of K. Roy Brady
sworn August !':f!!J. , 2017
for TakingAffidavits (or as may be)
Leigh AnnKlghtley,
Ontario for H. Girvin Devitt,
To: Members of the Committee of the Whole
From: Patricia Lester, City Solicitor, Director of Legal Services

Meeting Date: June 19, 2017
Subject: Report OCS17-006

A report to provide information from the Citys Closed Meeting
Investigator
Purpose
A report to provide information to Council regarding the report from the Citys Closed
Meeting Investigator, Local Authority Services (LAS).
Recommendation
That Council approve the recommendation outlined in Report OCS17-007 dated June
19, 2017, of the City Solicitor and Director of Legal Services and the City Clerk, as
follows:
That Report OCS17-006 be received for information.

There are no budget or financial implications arising out of this report.
Report OCS17-006
A report to provide information from the Citys Closed Meeting Investigator
Page 2
Background
Closed Meeting Investigations
Section 239.2 of the Municipal Act, 2001 (Act) requires municipalities to appoint
Closed Meeting Investigators. The Investigators are empowered to investigate
complaints, and otherwise exercise the powers appointed to them by the municipality.
Upon conclusion of the investigation, the Investigator is required to report their

conclusions and reasons to the municipality and make any such recommendations that
are appropriate in the circumstances. If in the course of the investigation, it appears that
the findings may adversely affect the municipality, the Investigator shall give the
municipality the opportunity to make representations respecting the adverse report or
recommendation.
The Investigators conclusion was that the closed meeting on November 16, 2015, was
improperly held in closed session. The Report prepared by Amberley Gavel, dated
January 2017 (received by staff on January 24, 2017), is attached to this report as
Appendix A. In addition, the Investigator did not deem its decision to adversely affect
the City and thereby did not permit the City to make any representations. The decision
of the Investigator is final, and there is no ability to appeal the decision.
The Act requires that the Investigators Report be made public by Council, which staff
complied with on January 25, 2017. There is no legislative requirement to provide a
report to Council but as has been our practice, this Staff Report will discuss and analyze
the Investigators findings.
Complaint and Investigation into the November 16, 2015 Meeting
The City Clerks Office was informed on August 22, 2016, by Amberley Gavel Ltd. that
they were undertaking an investigation into a complaint received about the closed
meeting held on November 16, 2015. Amberly Gavel Ltd. is the firm who has been
delegated the powers and duties of the LAS, the Citys Closed Meeting Investigator.
The complainant alleged that the planning issue regarding the casino ought not to have
been addressed in a closed meeting and did not fall within one of the exceptions under
the Act.
Following notification, a conference call was arranged for August 25, 2016 with the
investigator, Brenda Glover and staff including the former Director of Planning and
Development, City Solicitor, City Clerk and Deputy City Clerk.
In investigating the matter, Amberley Gavel reviewed the Agenda and Minutes for the
November 16, 2015 meeting; the meeting Minutes from the public Planning Committee
meeting of May 9, 2016; reviewed the Citys Procedure By-law and materials provided
by staff including: the presentation made by the former Director of Planning and
Development and an excerpt from the Terms of Reference Office of the Provincial
Report OCS17-006
Page 3
Land and Development Facilitator (directing that all boundary adjustment discussions
be confidential).
In addition to the conference call of August 25, 2016, at which time staff provided an
extensive history and review of the meeting in question, a second call was held with the
Investigator on November 17, 2016. At that time the Investigator required further
clarification on the exact location of the lands that would be acquired or disposed of by
the City regarding the location of the casino.
Staff also provided the Investigator with the excerpt from the Terms of Reference
Office of the Provincial Land and Development Facilitator, which stated:
Confidentiality: In addition to being without prejudice, the parties

agree that all discussions, and any and all documents, minutes of
meetings and correspondence, shall be kept confidential by all
parties unless and until all parties consent to their being made
public.
Although Staff can only speak on behalf of the City, its their understanding that both
parties respected and adhered to this direction from the Provincial Facilitator.
Facts Regarding the November 16, 2015 Meeting
The City had been in negotiations with the Township of Cavan Monaghan (the
Township) regarding land boundary adjustments, which were being facilitated by a
Provincial Facilitator. The basis for the boundary discussions were the Citys
employment land need and land-use options for a proposed casino, as it had been
announced in September 2015 that OLG had awarded the operation of gaming sites for
the eastern part of the province to Ontario Gaming East LP (a company associated with
Great Canadian Gambling Corporation GCGC). GCGC were looking to develop a
casino in the Peterborough area.
Therefore land boundary adjustments and the potential location of a casino site was
concurrently discussed between the City and Township. Potential casino sites could
have been in either the Township or the City. Staff identified two potential locations
within the City, one on lands the City owned - the Downtown Site and the alternate site
on privately held lands adjacent to City owned lands that would likely be required for
parking for the casino, known as the Gateway Site.
In order to apprise Council of the ongoing boundary and Casino negotiations, staff
provided information for the November 16, 2015 Committee of the Whole meeting. The
grounds relied upon by the Committee of the Whole to move in closed session was
section 239(2)(c) of the Act, a proposed or pending acquisition of disposition of land by
the municipality of local board.
As a result of the meeting, staff were directed to initiate the land use approval process
(OP and rezoning) for the Gateway Site and if GCGC should be interested in an
alternative site, Council agreed they would consider it.
Report OCS17-006
Page 4
Analysis of Investigators Report
The Investigator provided her report to Nigel Bellchamber, a principle at Amberley

Gavel for his peer review. Mr. Bellchamber concluded the following:
a) the Gateway Site that staff had been directed to initiate the land use approval
process for, was within the City limits and required no discussion with Cavan
Monaghan;
b) Committee of the Whole went beyond its negotiating strategy with Cavan
Monaghan and gave staff direction in their resolution, stated above; and
c) there is nothing in the Act that would allow the Provincial Facilitator to request
that all negotiations between the parties be kept confidential.
Amberley Gavel thus concluded that Council breached the open meeting requirements
of the Act.
Upon receipt of the Report on January 24, 2017, staff contacted Mr. Bellchamber to
seek an amendment to the Report, prior to public release. The Investigator had found
that the potential disposition of lands by the City (for a casino site) was not compliant
with the exceptions under the Act because the casino discussion was only a part of
Councils discussion and not the core of the discussion. He indicated that the disposition
of land must be definitive and not a potential sale, concluding that the Report would not
be amended.
Conclusion and Strategy
In Report OCS16-007, dated September 6, 2016, Staff reported to Council on a

previous Closed Meeting Investigation into a meeting held on April 11, 2016. As Council
is aware Amberley Gavel concluded in that instance the Committee of the Whole
breached the Act. As a result of the findings from that investigation staff have taken the
following actions:
a) undertaken an extensive review of Amberley Gavel and other investigators

reports and prepared a summary of the narrowly defined matters that are allowed
to be dealt with in closed meetings;
b) rigorously reviewed draft reports to ensure that only those parts of a report that
come within the exceptions under the Act are included; and
c) provided greater specificity in the reason provided for going into closed sessions,
in the agendas provided to the public.
With regards to Amberley Gavels finding that the Provincial Facilitator does not have
the authority to require a municipal council breach the open meeting provisions of the
Act, its questionable whether or not staff should start to query the authority of provincial
entities, when providing direction to a municipality.
Report OCS17-006
Page 5
If as Amberley Gavel states this determination is consistent with previous closed

meeting investigations we have performed, then its staffs hope this will be
communicated to the Office of the Provincial Land and Development Facilitator, as
Peterborough cannot be the only municipality who has so been directed by the
province.
Its unfortunate that the findings of this investigation pre-date the lessons that have been
learned. Since the Act does not place any time limit on when a complaint about a
closed meeting can be investigated, staff is aware that all of Councils closed meetings
from 2008 (when the Act allowed for such investigations) are subject to a closed
meeting investigation.
Summary
The Closed Meeting Investigators Report has been a learning experience of what the
exceptions are under the Act and how they can be applied to City Council business. While staff
may not agree with all of the Investigators findings, staff respect the process and will continue
to be vigilant in regards to closed meetings.
Submitted by,
Patricia Lester John Kennedy

City Solicitor & Director of Legal Services City Clerk
Contact Name:
Patricia Lester
City Solicitor & Director of Legal Services
Phone: 705-742-7777, Extension 1603
Toll Free: 1-855-738-3755
Fax: 705-742-3947
E-mail: plester@peterborough.ca
Attachments:
Appendix A Report to the Corporation of the City of Peterborough Regarding the
Investigation of the Closed Meeting of the Committee of the Whole of Peterborough Council
on November 16, 2015.
Report OCS17-006
Page 6
Appendix A
REPORT TO
THE COUNCIL OF THE CORPORATION OF THE CITY OF PETERBOROUGH
REGARDING THE INVESTIGATION OF A CLOSED MEETING
OF COMMITTEE OF THE WHOLE (COUNCIL)
HELD ON NOVEMBER 16, 2015
I. Complaint
Amberley Gavel Ltd. received a complaint about a closed meeting held by Committee of
the Whole of the Council (Committee of the Whole) of the City of Peterborough (City)
on November 16, 2015. The complainant requested an investigation into the validity of
the closed meeting as it was alleged that the subject matter of one or more of the items
discussed at the meeting did not fit within one of the open meetings exceptions under
the Municipal Act, 20011.
II. Jurisdiction
The City appointed Local Authority Services (LAS) as its closed meeting Investigator
pursuant to section 239.2 of the Municipal Act. LAS has delegated its powers and
duties to Amberley Gavel Ltd. to undertake the investigation and report to the City.
III. Background
Section 239 of the Municipal Act provides that all meetings of a municipal council, local
board or a committee of either of them shall be open to the public. This requirement is
one of the elements of transparent local government.
The section sets forth exceptions to this open meeting rule. It lists the reasons for
which a meeting, or a portion of a meeting, may be closed to the public.
Section 239 reads in part as follows:
Meetings open to public

239. (1) Except as provided in this section, all meetings shall be open to the
public. 2001, c. 25, s. 239 (1).
Exceptions
(2) A meeting or part of a meeting may be closed to the public if the subject
matter being considered is,
(a) the security of the property of the municipality or local board;
(b) personal matters about an identifiable individual, including municipal or local
board employees;
1
S.O. 2001, c. 25 (hereinafter Municipal Act or Act).
Report OCS17-006
Page 7
(c) a proposed or pending acquisition or disposition of land by the municipality or

local board;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
(f) advice that is subject to solicitor-client privilege, including communications
necessary for that purpose;
(g) a matter in respect of which a council, board, committee or other body may
hold a closed meeting under another Act. 2001, c. 25, s. 239 (2).
Section 239 also requires that before a council, local board or committee move into a
closed meeting, it shall pass a resolution at a public meeting indicating that there is to
be a closed meeting. The resolution also must include the general nature of the
matter(s) to be deliberated at the closed meeting.
Subsections 239 (5) & (6) limit the actions that may be taken by the council, local board
or committee at the closed session. Votes may only be taken at a closed meeting for
procedural matters or for giving direction or instructions to staff or persons retained by
the municipality, such as a lawyer or planner. It provides as follows:
Open meeting
(5) Subject to subsection (6), a meeting shall not be closed to the public during
the taking of a vote. 2001, c. 25, s. 239 (5).
Exception
(6) Despite section 244, a meeting may be closed to the public during a vote if,
(a) subsection (2) or (3) permits or requires the meeting to be closed to the
public; and
(b) the vote is for a procedural matter or for giving directions or instructions to
officers, employees or agents of the municipality, local board or committee of
either of them or persons retained by or under a contract with the municipality
or local board. 2001, c. 25, s. 239 (6).
IV. Investigation
The Clerk, City Solicitor, Director of Planning and Development, and Deputy Clerk were
consulted as part of the investigation process. Documents provided by the City and
reviewed during the course of the investigation included the Agenda and Minutes of the
Committee of the Whole Meeting, background documentation provided at the subject
meeting, the Citys Procedure By-law, other relevant material, and applicable legislation.
(a) Notice and Agenda for the Committee of the Whole Meeting, November 16,
2015
The Agenda noted, among other items, that the Committee of the Whole was intended
to be in a closed session under section 239(2)(c) of the Municipal Act as the subject
Report OCS17-006
Page 8
matter was proposed or pending acquisition/disposition of land by the municipality or a

local board. Notice of the date, time and location of the Meeting was provided to the
public in accordance with the Citys established procedures.
(b) Minutes of the Committee of the Whole Meeting, November 26, 2015
The Minutes of the Committee of the Whole (Minutes) indicate that Committee of the
Whole convened at 4:57 p.m., then immediately moved into Closed Session at 4:57
p.m. and back out of closed session at 6:38 p.m. In terms of the subject matter at issue
in this complaint, Committee of the Whole received a presentation from staff about the
Cavan Monaghan Boundary Issue. The presentation suggested several key
directions to staff as a result of that presentation. One involved the boundary issue
with Cavan Monaghan. The other dealt with the designation of an alternate potential
Casino site and was worded:
rezoning) for the 'gateway site', and should the proponent be interested in an
alternative site, Council will consider it.
The gateway site was within the City limits and required no discussion with Cavan
Monaghan.
V. ANALYSIS
(a) Potential or Pending Acquisition or Disposition of Land
In the closed session staff reviewed details about discussions regarding the ongoing
and longstanding negotiations with Cavan Monaghan related to boundary adjustments,
servicing allocations for the Township, and a potential casino for the area. According to
staff, it was believed that all of these issues engaged the potential acquisition of land by
the City.
In addition, the parties (i.e. the City and the Township) had sought the assistance of the
Provincial Land and Development Facilitator to aid in the negotiation of the boundary
adjustment issues. The Provincial Development Facilitator Coordinator (PLDC)
assists municipalities and other parties to resolve any land use disputes through
negotiation and mediation. According to staff, it was practice at the time of that Office to
insist upon confidentiality of the negotiation process.
Committee of the Whole went beyond its negotiating strategy with Cavan Monaghan at
its meeting and gave staff direction in the resolution quoted above
Apparently the public was not aware of Councils direction with respect to the alternative
site until almost six months later, in May 2016, when staff had already considered the
options for Official Plan amendments and rezoning.
Report OCS17-006
Page 9
The complainant asked us whether or not Council had already made its decision as to
the use of this property when it began the process in public in May of 2016. That
determination is outside the mandate of a closed meeting investigator.
(b) Provincial Land and Development Facilitator
Staff indicated that the PLDF requires that all negotiations and discussions related to
the negotiations between parties with respect to municipal boundary adjustment be
confidential.
With respect, we see nothing in the Municipal Act that would allow the PLDF to request
this requirement. We are unaware of any legislation that would give the PLDF or any
other Provincial official the authority to require that a municipal council breach the open
meetings provisions of the Municipal Act. This determination is consistent with previous
closed meeting investigations we have performed.
Confidential discussions between staff or agents of councils are of course possible. But
the direction that they take from Councils to follow in those discussions can only be
given in a closed session if the subject matter itself meets one of the previously cited
exceptions. Negotiating parameters for the acquisition of land for road widening is a
common example of an allowable direction.
Amendments to the statutory exceptions that might consider such discussions as were
held by Committee of the Whole in November 2015 are proposed in Bill 68, introduced
in late 2016, but at all material times were not the law.
(c) Disclosing the General Nature of the Matter to be Discussed
The Agenda for the Committee of the Whole Meeting and the resolution to move into
Closed Session cited the exemptions under the Municipal Act being used to justify why
the meeting was to be closed to the public. In this particular case, the general nature of
the proposed discussion disclosed was dealing with a Cavan Monaghan Boundary
Issue.
The public was not, and could not be aware, that Council would be asked to consider an
alternate casino location in the event of failed negotiations with Cavan Monaghan for a
Boundary Adjustment and partnership casino.
VI. Findings
It was argued that the City was following Provincial direction and believed that the
discussions surrounding the Boundary Adjustment, which were linked to a possible
casino site decision, had to be held in closed session.
We do not agree, in fact we do not believe that there is any authority for it to be in
closed session under one of the discretionary exceptions to the open meeting
requirement of the Municipal Act for the purpose of discussing municipal boundary
adjustments.
Report OCS17-006
Page 10
It was also argued that the discussions involved the acquisition of land by a municipality
and hence fell into one of the statutory exceptions possible.
We do not agree with this argument either as the municipality was not acquiring land.
While it might take title to some roads as an incidental result of a boundary adjustment,
the purposes of the discussions was not to actually take title to specific property or
properties.
VII. Conclusion
Amberley Gavel has concluded that Committee of the Whole for the Council of the City
of Peterborough breached the open meetings requirement of the Municipal Act on
November 16, 2015 when meeting in closed session.
VIII. Public Report
We received full co-operation from all parties that we contacted and we thank them.
This report is forwarded to the Council of the Corporation of the City of Peterborough.
The Municipal Act provides that this report be made public. It is suggested that the
report be included on the agenda of the next regular meeting of Council or at a special
meeting called for the purpose of receiving this report prior to the next regular meeting.
January 2017
Closed Meeting Investigator

AMBERLEY GAVEL LTD.
Nigel Bellchamber
____________________
Per:
Exhibit N
This is Exhibit "~w referred to in the Affidavit of K. Roy Brady
sworn August :7.~:~ , 2017
leigh Ann Klghtley.

a Commissioner. etc Province of
Barrister and SolIcItor.
Expires June 11. 2020.
To: Members of the Planning Committee
From: Jeffrey Humble, Director, Planning and Development Services
Meeting Date: May 23, 2017
Subject: Report PLPD17-026

Application for Site Plan Approval, 4,851 square metre Casino
and Seven Storey, 100 Suite Hotel at 1400 Crawford Drive
Removal of H Holding Symbol from the Zoning of the
property and pre-commitment of funds for 2018-2019 Budgets
for Infrastructure Improvements
Purpose
A report to recommend the removal of an H Holding symbol from the zoning of the
property at 1400 Crawford Drive and the conditional approval of a Site Plan Application
for the construction of a 4,851 square metre (52,216 square foot) casino and a seven
storey, 100 suite hotel at 1400 Crawford Drive, and pre-commitment of funds for the
2018 and 2019 budgets for infrastructure improvements to Harper Road and Crawford
Drive.
Recommendations
That Council approve the recommendations outlined in Report PLPD17-026 dated May
23 2017, of the Director, Planning and Development Services, as follows:
a) That the Site Plan Application submitted by Ontario Gaming East Partnership
and Roshan Holdings Inc. for the construction of a 4,851 square metre (52,216
square foot) casino and a seven storey, 100 suite hotel at 1400 Crawford Drive
be approved subject to the following conditions:
i) The deposit of site work performance security in the amount of

$1,000,000.00;
Report PLPD17-026
Application for Site Plan Approval, 1400 Crawford Drive,
Proposed Casino and Hotel Page 2
ii) The submission of revised drawings and additional technical information to

the satisfaction of the Director of Planning and Development Services and
the Director of the Utility Services Departments;
iii) The submission of further clarification and technical information regarding

storm water management and biological particulars to the satisfaction of
the Otonabee Region Conservation Authority;
iv) The submission and implementation of a Thermal Effectiveness

Monitoring Plan, for the casino and hotel site plan to be entirely funded by
the applicant/owner, to the satisfaction of Otonabee Region Conservation
Authority, during site construction and for a period of five years post
construction, to verify the predicted function of the thermal mitigation
measures and storm water impacts from the property at 1400 Crawford
Drive on the abutting tributary of Byesville Creek;
v) The completion of a scoped methane study due to the sites proximity to a

closed landfill;
vi) The completion of a Stage 2 Archaeological Assessment;
vii) The submission of additional technical information to the satisfaction of the

Ministry of Transportation of Ontario; and
viii) The deposit of a Parkland Levy in accordance with The Planning Act, as
amended.
b) That the property at 1400 Crawford Drive be rezoned from SP.363-H Special
Commercial District, to SP.363 Special Commercial District, in accordance with
Exhibit D attached to Report PLPD17-026.
c) That financing of infrastructure improvements for Harper Road and Crawford

Drive extensions and realignments be approved with the following conditions:
i) That a City Capital Budget pre-commitment in the amount of $4,000,000 in

2018 and $4,000,000 in 2019 be approved to reimburse the developer for
the construction of the roadways;
ii) That the Site Plan Agreement include provisions and terms with the
developer to finance the infrastructure improvements relating to the
Harper Drive and Crawford Drive realignment to permit construction to
commence in 2017 prior to approval of the Citys 2018 budget;
iii) That the developer constructs the Harper Road and Crawford Drive
extensions and realignments as outlined in the Class EA Study; and
Report PLPD17-026
iv) That the roads in the vicinity of the casino and hotel property be named in
accordance with Exhibit B attached to Report PLPD17-026.

The casino will generate a development charge in the amount of $414,517.95 and, if the
hotel was to commence construction this year, its development charge would be
approximately $598,150.00.
Report PLPD16-038 to the May 9, 2016 Planning Committee estimated the construction
value of the Casino to be $49 million and the Hotel at $17 million. Combined, this would
generate $1 million in tax revenue, 185 full-time jobs, and $26.5 million in annual
operational expenditures.
In 2016, the existing Casino operation in Cavan Monaghan generated $3.2 million of
additional revenue to the Township. The proposed casino in Peterborough is projected
to have additional slot machines as well as card tables that may result in this number
being increased.
Due to the timelines of the overall project which include full site access to the buildings
at the time of opening, the infrastructure improvements relating to Harper Drive and
Crawford Drive realignments need to be expedited. Due to budget factors, for this to
occur the developer has agreed to upfront a portion of payment in 2017 to allow the
works to commence. The City will thus be required to budget for these improvements
as part of the 2018 and 2019 budgets and reimburse the Developer in the future.
Estimated costs of these improvements are $8 million.
Background
With the resolution of the appeals to the Ontario Municipal Board, the Zoning of the
property was enacted to permit a gaming establishment / casino, a hotel and a
restaurant. An H Holding Provision was tagged on to the Zoning of the property,
which can only be removed subject to the completion, review and approval of an
Environmental Impact Study (EIS) by the Otonabee Region Conservation Authority
(ORCA) to establish an appropriate setback from the environmentally sensitive wetland
area to the west of the site. The EIS was approved by ORCA and a setback boundary
established, which can be seen on the Site Plan attached as Exhibit B to this report.
In addition to the site plan approval and removal of the Holding provision, the project
requires adjacent roadway improvements to take place. The developer requires this to
take place concurrent to the casino and hotel site development to ensure they have full
access to their site at time of opening. Given the construction process may take up to a
year or more delaying the construction and realignment of Harper Road and Crawford
Report PLPD17-026
Drive until 2018-2019 would prevent site access and jeopardize the operations of the
casino and hotel. The developer has agreed to upfront a portion of these costs and be
reimbursed in the future to address this.
Site Plan Application

The subject Site Plan Application proposes to construct a two storey casino building
with a gross floor area of 4,851 square metres (52,216 square feet) and a seven storey
100 suite hotel with approximately 7,000 square metres in gross floor area (75,347
square feet).
By way of the Site Plan Agreement, the developer will be responsible for the
construction of the perimeter roads shown as Harper Road and an extension to
Crawford Drive on the Site Plan drawings. The naming of these roads is subject to
change in accordance with a map attached as Exhibit B to this report. For emergency
response services, it is proposed to name the road on the west and north perimeter of
the site as Fisher Drive and to name the road flanking the sites east side as Harper
Road. The road along the sites east side is a logical extension to Harper Road and the
road along its west and north side is a logical extension of Fisher Drive.
The existing section of Crawford Drive north of The Parkway to the Fisher Drive
extension will be closed and most of the asphalt removed to create a complimentary
landscape treatment relative to an existing cold-water creek. A remaining strip of
asphalt will be used as an informal trail linking the intersection of Crawford Drive and
The Parkway to the Fisher Drive extension.
Originally, the concept Site Plan attached to the report recommending the Zoning
By-law Amendment showed the casino and hotel buildings located in the south portion
of the site. Later, it was determined that the soils are better for building construction in
the north portion. The Site Plan now shows the hotel at the northeast corner and the
casino close to the Fisher Drive extension.
The existing Tim Hortons restaurant is to remain without any changes to the layout of
its own parking and vehicle movement areas. The two existing driveway entrances off of
the future Harper Road extension (now named as Crawford Drive) will remain and will
provide access to all the buildings on the site.
A new driveway entrance is proposed off the Fisher Drive extension. It connects directly
to the main entrance of the casino and also provides access to the hotel and Tim
Hortons restaurant. The initial Site Plan submission showed driveway connections to
this main driveway very close to its entrance at Fisher Drive. The Citys Transportation
Division determined that there could be too many conflicts with turning vehicles. As a
result, City Transportation staff requested a revision to the plan to include a concrete
Report PLPD17-026
median to prevent left turns immediately into the hotel parking lot and to prevent right
turns out of the parking area along the north side of the casino building. Staff discussed
the requested revision with the applicant and the applicant has agreed to make the
change to the plan.
As part of the Fisher Drive extension, concrete sidewalks will be constructed as well as
a trail along the sites east side. As a result, the Site Plan was revised to include
walkway connections to the interior of the site.
Other noteworthy features of the Site Plan include a new storm water detention pond at
the sites north-east corner (in front of the hotel), a 1.2 metre high wood fence providing
a barrier relative to the environmentally sensitive area to the west and a retaining wall,
varying in height between 1.1 and 1.5 metres across the entire southerly boundary of
the site.
The Landscape Plan shows a variety of trees exceeding minimum size standards at
installation. Shrubs, perennials and ornamental grasses are included in the plan as well
as native tree and shrub specifications in the wetland buffer area to the west. A request
has been made to include more evergreen trees in the wetland buffer area to assist in
attenuating noise and to potentially help screen the area from the effects of the casinos
parking lot lighting.
Parking
A special parking ratio was established through the Zoning By-law Amendment process
for the casino, reflecting a parking demand typically experienced by Ontario Gaming
East Partnership. The regulation requires 0.75 spaces per gaming position, where a
gaming position was defined as a seat or standing location in which a person
participates in a casino gaming activity, such as slots and video machines or table
games. With 483 slots and 132 seats at gaming tables, the total parking requirement for
the casino is 480 spaces.
The Zoning By-law requires 83 spaces for the Tim Hortons restaurant and 100 for the
hotel for a total of 655 parking spaces for the entire site. These spaces are shown on
the proposed Site Plan with a total of 16 spaces dedicated to accessible parking.
Otonabee Region Conservation Authority (ORCA) Review
As the site is located adjacent to an environmentally sensitive wetland area, ORCA

required the completion of an Environmental Impact Study (EIS) to inventory features of
the natural environment, to examine the significance of resources, to assess the
impacts of development and to recommend mitigation measures. The EIS was peer
reviewed by Beacon Environmental and submitted to the City and ORCA for review.
The EIS recommended an appropriate setback or buffer area relative to the wetland to
Report PLPD17-026
the west of the site. The setback was approved by ORCA, satisfying the condition for
the removal of the H-Holding Provision from the zoning of the property.
ORCA also reviewed the Storm Water Management Report, Hydrogeological Report
and the full set of drawings submitted for Site Plan Approval, with the exception of
building plans and building elevation drawings. ORCA is satisfied with the proposed
variable width buffer relative to the wetland provided that enhancements are undertaken
to re-vegetate this area and the mitigation measures including fencing and construction
related activities are implemented. As ORCA has requested the provision of further
clarification and technical details in their engineering and biological reviews, satisfying
ORCA in this regard has been made a condition of Site Plan Approval.
Consultation with the Casino Watershed Stakeholder Task Force
Following passage of the Zoning By-law Amendment to make way for the development
of the subject property, Council resolved to include a group of concerned citizens to
review and provide comments with respect to the Site Plan Application. This was done
as a result of Councils motion on May 16, 2016 to involve stakeholders such as the
Harper Park Stewardship Initiative and the Peterborough Field Naturalists.
Planning Division staff, Utility Services Department staff, Community Services Staff and
Beacon Environmental Consultants, participated in three meetings with the Casino
Watershed Stakeholder Task Force, which took place preceding the May 23, 2017,
Planning Committee meeting. During one of these meetings (April 27, 2017) a
representative from the casino was also in attendance. On May 5, 2017 the Task
Force also submitted a series of recommendations.
Below are the series of concerns expressed by the Casino Watershed Stakeholder Task
Force and the subsequent actions taken by staff in response to these concerns:
Thermal mitigation of the Site Plan Storm Water Management design
Response: The comments received from the ORCA Biologist concerning the storm
water management design were included in the Site Plan Application response package
for the applicant to address. As a condition of approval, the applicant will have to satisfy
ORCA in this regard. A recommendation has been included in the report to have the
thermal impacts on the abutting Byersville Creek tributary monitored through
construction and for a period of five years post construction. In addition to the
recommendation, the City may need to undertake such work as part of the Harper Road
and Crawford drive realignments. Any arrangements to cost-share and increase
efficiencies in this regard will be negotiated between the developer, the City and ORCA.
In the event the monitoring program reveals that the sites development has resulted in
unacceptable thermal impacts on the tributary of Byersville Creek, the developer may
be required to implement additional mitigation measures. Security will be retained until
Report PLPD17-026
the end of the thermal monitoring period and may be used to mitigate any negative
impacts identified through the monitoring period.
Riparian buffer for the Byersville Creek Tributary
Response: The creeks riparian zone will be improved by the City with the
implementation of the recommendations arising out of the Webber Avenue and Rye
Street Urbanization and Harper Creek North Reach Class EA and by the applicant with
the implementation of the landscape specifications to naturalize the zoned Open Space
District abutting the sites south side.
Protection of adjacent wetland
Response: The wetland is being protected by the ORCA approved buffer, control of
parking lot lighting trespass and the implementation of landscape specifications to
naturalize the buffer.
Methane study
Reponses: As directed by the Official Plan, a scoped methane study will be undertaken
due to the proximity of the site to a known closed landfill located near the current Harper
Road and Crawford Drive intersection.
Wildlife exclusion strategies
Response: The fence separating the parking area from the wetland buffer will include
specifications to help prevent the movement of wildlife from natural areas to the west
into the casino / hotel site.
Bird strike avoidance
Response: The casino building does not include any windows along its west elevation.
Sometimes birds will see light through a building and attempt to fly through, striking a
window. The design of the casino building and the hotel are not conducive to bird
strikes.
Enforcement of Site Plan Storm Water Management Design
Response: Enforcement is achieved by way of the Site Plan Agreement, where the
Applicants consulting Engineer of Record is required to supervise and inspect the
construction of storm water management features. Post-construction, the Engineer is
required to submit a letter bearing the persons stamp and signature verifying that all the
storm water management features have been installed in accordance with the
Schedules to the Site Plan Agreement and are operating as designed. The Site Plan
Agreement also requires that the storm water management features are regularly
Report PLPD17-026
maintained. Maintenance verification documentation must be submitted to the Utility

Services Department.
Ground water impacts on the site
Response: A Hydrogeological Assessment Report was required and reviewed by

ORCA. The report states that it is our professional opinion that the site is suitable from
a hydrogeological perspective for development of the casino, hotel, parking lot and
storm water ponds. However, in their response ORCA has questioned how the storm
water dry ponds will function, given the data was collected last year, when the region
was experiencing a drought.
Infiltration of storm water and thermal impacts
Response: ORCA is requiring the submission of specifications to ensure that infiltration

and thermal impacts are mitigated during the construction phase, particularly with
respect to de-watering. The inclusion of such mitigation measures are requested to be
included in the EIS and other relevant reports. As well, the submission and
implementation of a Thermal Effectiveness Monitoring Plan is required, which will be
entirely funded by the applicant/owner, during site construction phase and for a period
of five years post construction, to verify the predicted function of the thermal mitigation
measures and storm water impacts on the abutting tributary of Byersville Creek.
Erosion mitigation during construction
Response: Enforcement of erosion and sedimentation control measures through

construction is the responsibility of Planning Staff. An Erosion and Sedimentation
Control Plan is required and is listed as one of the Schedules in the Site Plan
Agreement.
Possible detrimental effects of site lighting on sensitive species
Response: Staff are requiring revisions to the Site Lighting Plan to reduce the intensity
of the parking lot lighting and to control the amount of light trespass into the Open
Space District to the south and the wetland buffer to the west. The Applicant has been
requested to investigate zonal control of the parking lot lighting in order to dim or turn off
parking lot lighting in areas where it is not needed during low demand periods for
parking.
Crawford Drive closure and its naturalization
Response: This will be undertaken by the City as part of the Webber Avenue and Rye
Street Urbanization and Harper Creek North Reach Class EA. A strip of asphalt 3.0
metres in width will remain for an informal trail, connecting Fisher Drive to the Harper
Report PLPD17-026
Road-Crawford Drive-Parkway intersection. The remaining open space will be

naturalized, improving the riparian zone of the adjacent cold-water creek.
Mitigation of run-off due to snow clearing and storage
Response: This will be addressed further, as the Applicant has been requested to
specifically investigate the mitigation of run-off due to snow clearing and storage in the
sites Storm Water Management Plan.
Oil / grit separator implementation
Response: In order to provide storm water quality control, there are two oil / grit
separator structures shown in the Storm Water Management Plan: one at the north end
of the site and one to the south.
Noise mitigation
Response: Any noise generated from the site is being mitigated with the installation of
a solid board fence abutting the wetland buffer and with the installation of native
evergreen trees bordering the sites west side.
Post-construction monitoring program
Response: The main post construction issue identified is with respect to thermal
impacts on the adjacent cold water tributary of Byersville Creek. The submission and
implementation of a Thermal Effectiveness Monitoring Plan is required to be entirely
funded by the applicant/owner, to the satisfaction of ORCA, during site construction and
for a period of five years post construction, to verify the predicted function of the thermal
mitigation measures and storm water impacts on the abutting tributary of Byersville
Creek. Security will be withheld until the conclusion of the Thermal Effectiveness
Monitoring Program and may be used to address any negative impacts identified
through the Monitoring Program period.
The noted concerns were considered by all Planning and Utility Services Department
staff who participated in the review of the Site Plan Application.
Some of the revision work to be undertaken by the consulting team for the applicant
include: the submission of landscape specifications to naturalize the wetland buffer and
the zoned Open Space District along the cold-water creek, the submission of a
Landscape Plan for the hotel site area; a review of the site lighting levels and the
degree of light trespass into the wetland buffer and the Open Space strip bordering the
sites south boundary; and the submission of an Erosion and Sedimentation Control
Plan to be enforced by Planning staff through the duration of construction.
Report PLPD17-026
As there are a number of comments that are technical in nature and many that require
revisions to the set of drawings, it has been recommended to include a general
condition requiring that all the comments be addressed to the satisfaction of the Director
of Planning and Development Services as well as the Director of the Utility Services
Departments.
A number of the recommendations are significant in their scope and extend beyond the
development site. Riparian buffers, wildlife exclusion strategies, thermal impacts,
naturalization of Crawford Drive, Harper Park access, and adaptive management plans
are such examples. In discussions with the Casino Watershed Task Force it was
suggested that these items could be addressed through a separate process with a
broader focus. The notion of a Harper Park Master Plan or Adaptive Management Plan
could for example be undertake in the future. This would require Council consideration
and support as a capital budget item in the future with the costs determined by the
scope of the project.
Archaeology
As a condition of Site Plan Approval, a Stage 2 Archaeological Assessment is required.

Before the Visitors Centre was constructed on the site, a Stage 1 Assessment was
completed. The Stage 1 Archaeological Assessment recommended the completion of a
Phase 2 assessment before further development on the site is to proceed.
Notice
Notice of the Application was circulated to all abutting property owners, as well as
concerned City departments, agencies and utilities. A message was received from the
Ministry of Transportation (MTO) stating that there are some storm water management
issues remaining to be addressed, as well as some outstanding items relative to the
Traffic Impact Study. The message concluded by stating that the items must be
addressed prior to the issuance of an MTO Building and Land Use permit.
A response to the Notice of Application was also received from Hiawatha First Nation
and Curve Lake First Nation. Curve Lake First Nation requested the provision of all
relevant project information, including but not limited to: the Archaeological
Assessments, EIS and Hydrogeological Reports.
Summary
Since none of the comments received through the Site Plan Review process affect the
location of the casino building or its ground floor elevation, it will be possible for the
casino to obtain a conditional building permit to commence construction if there are
Report PLPD17-026
some conditions of Site Plan Approval remaining to be addressed. The applicant will be
required to deposit the parkland levy and the full amount of performance security prior
to the issuance of a building permit. As well, the Citys Building Division will have to
approve the building plans submitted for permit and the building permit fee,
development charges and any other applicable fees and charges will have to be
deposited.
The Site Plan Application is deemed to comply with applicable Zoning By-law
regulations and is in keeping with the policy directives of the Official Plan. As a result,
the subject Site Plan Application is recommended for conditional approval.
Submitted by,
Jeffrey Humble, MCIP, RPP

Contact Names:
Ken Hetherington
Phone: 705-742-7777, Ext. 1781
Toll Free: 1-855-738-3755
Fax: 705-742-5218
E-mail: khetherington@peterborough.ca
Brian Buchardt
Planner, Urban Design
Phone: 705-742-7777, Ext. 1734
Toll Free: 1-855-738-3755
Fax: 705-742-5218
E-mail: bbuchardt@peterborough.ca
Attachments:
Exhibit A: Land Use Map
Exhibit B: Naming of Roads Map
Exhibit C: Site Plan Application set of Drawings
Exhibit D: Draft By-law and By-law Map for Removal of H Holding Provision from
the Zoning of the Property
Exhibit E: Casino Watershed Task Force Site Plan Recommendations (May 5, 2017)
Report PLPD17-026
Exhibit A, Land Use Map, Page 1 of 1

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Exhibit C Site Plan Set of Drawings, Page 1 of 21

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Exhibit D Draft By-law, Page 1 of 2

By-Law Number 17-
Being a By-law to remove the H Holding Symbol from the zoning of the lands known
as 1400 Crawford Drive an
follows:
Map 21 forming part of Schedule A to By-law 97-123 is amended by changing the area
shown on the sketch attached hereto as Schedule A from SP.363 - H Special
Commercial District, to SP.363 Special Commercial District.

Report PLPD17-026
Exhibit D Draft By-law, Page 2 of 2

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Exhibit O
This is Exhibit "0" referred to in the Affidavit of K. Roy Brady
sworn August tfM ,
2017
er for Taking Affidavits (or as may be)
leigh Ann Klghtley,

Ontario for H. Girvin Devitt,
Barrister andSolIcitor.
1
COUNCIL 5 JUNE 2017
Cheryl Lyon , 530 DOUGLAS AVE, PTBO
YOUR WORSHIP
On May 16, 2016, Council directed that a citizen advisory committee be struck to give advice to
Staff on the casino site plan. That committee came to be called the Casino Watershed Task
Force.
You have the Task Force Report & Recommendations appended to Mr Humbles Report before
you tonight. Im the first of 3 other reps of the Task Force delegation who will follow me to
complete our joint presentation.
The Casino Watershed Task Force included ordinary citizens for instance from the Ptbo Field
Naturalists, plus experts in various fields such as wetlands, fish habitat, road ecology, biology,
sustainability, etc.
As the rep. of the Broader Community on that group, I am here tonight to thank you, and
through you, Council, on behalf of all the citizen members, for your foresight in creating this
Task Force & to relay to you the value of that process.
The service of citizens on the TASK FORCE was spurred by their understanding of Natures role
in a healthy city, and the desire to apply watershed planning & system thinking to the Casino
Site Plan.
In a limited series of meetings, Staff & Citizens raised and resolved topics that may never have
been raised in processes of community consultation where real conversation and exchange of
knowledge and insight dont occur. For instance:
o enhanced site requirements were brought forward that reflect the casino site as
part of a larger natural watershed or living eco-system essential to the overall
environmental health of Peterborough,
and
o Mr Humbles Report suggests an adaptive management plan and a
watershed stewardship plan, subject to Council approval. We strongly
support these suggestions. They would put Ptbo in the forefront of communities
planning to adapt to the unpredictabilities and reality of a climate-changed City
& world.
FOR STAFF, the Task Force was a rare opportunity, in jobs inundated with pressing daily
responsibilities, to step back and take another look with the help of knowledgeable others.
2
FOR CITIZEN PARTICIPANTS, we now have a better understanding of the CONSTRAINTS a

city govt and staff must operate under
Some individual citizen TASK FORCE members represented more than just themselves. e.g.
one Peterborough Field Naturalist member represents over 250 other Field Naturalists
who now know more about civic process so maybe you Councillors get fewer phone calls!
Or you get better comments and inputs from constituents who are more empowered to
come forward to help you understand what those you represent are thinking about the kind
of city we need for the 21st century.
This particular Task Force project can be examined for its usefulness in other Projects to
come. If this calibre & spirit of community engagement continue in various forms (this Task
Force is not a cookie cutter.) Planners, Engineers and other Depts. staff will be able to put
forward Recommendations to Council for policy & practice with much more confidence and
depth
The Task Force experience created new relationships and trust among us
Siloes fell it was evident that when the competence of a Community is invited into a
mutually respectful space, better planning happens.
There was great value in taking a watershed/systemic approach to the Casino site which is
not just a little isolated island of construction but is interconnected to everything around it -
there is intrinsic value in everything around it too: the life of the water, wildlife, plants, soil,
and peoples quality of life
There was a greatly improved understanding of & focus on WATER & WETLANDS so vital
in adaptation to CC and protecting natural heritage
Though we kept carefully to the Citys required focus on the casino site only, together we
arrived closer to experiencing Planning as planning for LIVING SYSTEMS, not just a road, a
building, sewer mains and parking. This is an approach to designing a City as watershed - a
whole, complex, living, changing entity, all parts interconnected, where other parts suffer
when left out of one parts planning.
IN CONCLUSION
After this experience, and others like Participatory Budgeting, it will be very risky to turn back
the clock to old ways of engagement. Something has shifted here at City Hall; the way we talk
to each other is being - transformed.
So, our gratitude to you again for asking for this inspiring & very useful way of community-
building together.

COUNCIL 5 JUNE 2017

Kim Zippel 1712 STENSON BLVD., PTBO.

MEMBERS OF COUNCIL

I would like to close our presentation by expressing how powerful and positive this exercise has been.
Through councils motion to convene the 9-person task force, a profoundly different site plan has been
achieved. But we can do more. While the Casino Watershed Task Force supports the improvements gained
through collaboration, we remain concerned that moving forward too quickly will see outstanding issues
remain unaddressed.

These outstanding issues fall into three categories. The first can be handled through site plan approval, like
the impact of noise. Did you know that it is already becoming difficult to hear birdsong in the middle of
Harper Park?

With 655 parking spots, and new road systems, noise will increase within all of the natural areas. The LWSP
requires compliance with provincial noise guidelines. How will the city COMPLY if no measurements are
taken?

The next issue is sustained protection of Casino-site natural features. It is recommended that:
the wooded wetland be evaluated to determine groundwater linkages to surrounding wetlands; and
because it meets MNRF criteria, that the wooded wetland be officially confirmed a Significant Woodland,
and Significant Wildlife Habitat.

These designations should become conditions of site plan approval. At very least, they should be followed-up
and completed with City Staff in parallel with site construction, to ensure alignment with the OP section that
deals with natural heritage.

The second category of issues are those that cannot be addressed through site plan, so it was suggested that
we follow up with the applicants on the following:

controls on salting and sanding of the private parking lot;
site organic waste control to prevent attracting animals; and
bird strike avoidance, still considered to be an issue by the PFN, and best addressed prior to construction
of the hotel; and
with respect to sustainability, that Visitor Centre materials, upon tear-down, be recycled where possible,
to limit pressure on our landfill.

The third category involves issues related to risk assessment, and emphasizes site stormwater control
concerns expressed by ORCA and the CWTF. There is a high level of uncertainty associated with paving a
wetland that sits on top of an ENORMOUS volume of groundwater conservatively estimated at one hundred
million litres! And the plan to direct stormwater runoff into dry ponds, in order to return it to the ground, is
questionable, with so much water sitting close to the surface. And, there is no plan for mitigation when
dewatering during construction, and they will hit water.

A temperature monitoring program to assess SWM impacts on the coldwater stream is certainly proactive,
but what if monitoring proves these designs faulty? Can the applicant make the necessary changes if the
SWM system fails to protect the stream? A back-up plan should be in place as a condition of site plan
approval in addition to the one-million-dollar security bond to be held until the end of the 5-year thermal
monitoring program. We also request that an annual, public SW performance report be produced, and that
the need for continued monitoring be reviewed at the end of 5 years to ensure that SWM continues to
effectively control impacts.

In dealing with issues related to uncertainty, climate change adaptability looms large. Wetlands slow and
clean stormwater naturally, but the Casino development will remove a large portion of that service. There
are other wetlands, both up and down gradient, of this site. But how are they interconnected, and can they
still adequately protect downstream sites from flooding?

We now understand that controlling our water resources through site plan approval, isolated from
surrounding ground and surface water, is piecemeal planning.

Therefore, staff have included a path forward that will allow watershed and land use planning issues to be
integrated. And to that end, we thank council for supporting the COTW motion asking staff to bring forward
a report to outline the scope, and 2018 budget implications, of a holistic management plan for park,
watershed and employment lands.

Why is this so important?

The initiative to support integrated watershed planning has the potential to build interdisciplinary teams
bringing multiple skills and perspectives together in the search for resilient, adaptive solutions.

In conclusion, members of the Casino Watershed Task Force trust that outstanding site plan issues will be
resolved prior to your approval of the plan, and that the lines of communication will remain open.

Thank you.

2
Delegation to Peterborough City Council June 5th, 2017
I would like to provide some perspectives on the site plan aquatic ecosystem
components specifically, the remnant wetland to the southwest of the site and the
coldwater tributary to Byersville Creek that runs along the south edge of the site.
As outlined in the Staff Report of May 23rd, 2017 our groups concerns about protective
buffers for the remnant wetland and the tributary have been largely addressed through
the planned naturalization of those buffers. We are hopeful that these measures will
protect the wetland and improve habitat sufficiently to support a brook trout
population in future.
While this was a good outcome of discussions with City Staff, it doesnt address some
outstanding issues that should more appropriately be addressed at a broader landscape
scale more on that in a moment.
You will have noted that the Staff Report indicates that Otonabee Conservation (ORCA)
is requiring additional information from the proponent to ensure that infiltration and
thermal impacts to the creek are mitigated during both construction and operational
phases. Would it not be prudent to receive this important information before Site Plan
approval?
The Staff Report also addresses our concerns about impacts to groundwater on site. In
response to a Hydrogeological Assessment Report, ORCA has quite rightly questioned
how the storm water dry ponds will function given that groundwater data were
collected during last years drought. Again, would it not be prudent to evaluate this prior
to Site Plan approval?
In addition, while the Hydrogeological Assessment Report indicated that the site is
suitable for development there was an important caveat: provided low impact
development strategies (or LIDS) are implemented to recharge the groundwater table
and reduce thermal impacts.
Unfortunately, LIDS (like permeable pavement or infiltration vaults) that can recharge
groundwater, are not suitable for this site due to the high water-table. Building a
parking garage to reduce the amount of impermeable parking lot is also not an option
due to the saturated soils on the site. Related to this, Staff informed Council at Planning
Committee that the Casino and Hotel have been moved away from the more visible
Gateway location to the back of the site where soils are (apparently) more suitable for
construction.
1
Delegation to Peterborough City Council June 5th, 2017
LIDS cannot be implemented for this site because the entire site is a treed wetland, or in
other words a swamp. The trees may have been removed from most of the site, but it
is still a swamp; just as a cornfield is still a cornfield after the corn has been harvested.
Mitigating impacts at a Site Plan scale is difficult, if not impossible, when dealing with a
site that never should have been developed in the first place. City and ORCA staff have
done their best, but good planning requires looking at the bigger picture. That is
especially true of aquatic ecosystem features which are connected by ground water as
well as surface water, connections that can exist across broad landscape scales.
In the early 1990s, the City of Peterborough was involved in, and supported, an exercise
that looked at protecting natural heritage features at a broader landscape scale: the
Peterborough Natural Areas Strategy. Development of the Strategy was guided by a
multi-stakeholder Steering Committee which included: naturalist groups, developers,
City Staff, and other government agencies. It was a forward thinking piece of work that
identified Natural Systems and their component core areas and connecting corridors.
The Strategy is still referenced in the Natural Areas Policy of the Official Plan.
Unfortunately, something went astray on the way to implementation.
One of the identified Natural Areas - The Byersville Creek System included the Harper
Road Complex as a core area. The Strategy indicated that this core area was Easily the
most ecologically important natural area in the city, the area contains a variety of
features that warrant protection. The deforested swamp where the casino and hotel
are to be built was a part of that important natural area the small wooded wetland in
the southwest of the site is a remnant of that important natural area.
Site Plans are at the wrong landscape scale and too late in the process to be fully
effective at mitigating impacts on sensitive sites like this one.
Thats why I am pleased that, in their report, City staff recognized the need for a
separate process with a broader focus to address some of the issues whose scope
extended beyond the site. I am also encouraged that Council supported a motion to
have staff explore the scope and budget implications of a broader approach.
It may be too late to fully protect this sensitive site, but I am hopeful that the proposed
mitigation measures will help protect what is left on the site and that future broader
scale efforts will protect Peterboroughs remaining sensitive natural areas for the
benefit of future generations.
- Warren I. Dunlop
2
Exhibit P
This is Exhibit "p"; ,[eferred to in the Affidavit of K. Roy Brady
sworn August ':f:I:.~ , 2017
ner for Taking Affidavits (or as may be)
Leigh AnnK1ghtley,
a Commissioner, ete., Province of
NEED FAST INTERNET AND GREAT
TV THIS SCHOOL YEAR?
WEATHER: X
Peterborough Musicfest concert with Our Lady Peace is a go, with slight delay, despite rain threat
NEWS LOCAL
Construction to start soon on Shorelines Casino Peterborough after city council approves
site plan
By Joelle Kovach
Tuesday, June 6, 2017 12:16:34 EDT AM
The concept design for the proposed Shorelines Casino Peterborough.
The new Shorelines Casino Peterborough is a go.
Council gave the final approval for the casino on Monday, and now construction can begin. The developer and operator, Great Canadian
Gaming Corp., said it plans to start building a casino and hotel soon.
Council gave its final approval on Monday even though a citizen, Roy Brady, has applied for the courts to quash the rezoning of the property
Crawford Dr. And The Parkway.
That was mentioned, at the meeting - but not by Brady (who was present in the gallery and didn't speak).
Sheila Nabigon-Howlett mentioned it in her plea for council to put the brakes on the project.
Nabigon-Howlett had been the chairperson of a citizens' group, No Casino Peterborough, that opposed a casino on grounds it would increase
social ills such as gambling addiction.
But that group has dissolved, she said; she was speaking as a private citizen.
She told council that she was unhappy that they were "forging ahead" with casino plans even though Brady is asking for a court injunction to
stop the casino construction from progressing.
The basis of Brady's application is that councillors discussed the location of the casino behind closed doors when they shouldn't have, in a
closed-session meeting in November 2015.
An investigator concluded that they shouldn't have been talking about that in private, and Brady contends that tainted the whole site selection
process.
Nabigon-Howlett said she was "appalled" that council could be "so flippant with the rule of law" as to continue with the casino plan nonetheless.
Four members of the Casino Watershed Task Force also spoke: Cheryl Lyon, Kim Zippel, Warren Dunlop and Kari Gunson.
That's a group of environmentalists, citizens and biologists who suggested ways to look after the sensitive ecology of nearby Harper Park.
"Did you know it's sometimes difficult to hear birdsong in Harper Park?" Zippel asked councillors.
She encouraged the developer to not only study the thermal changes of the nearby coldwater streams but make plans to mitigate any changes
over the next five years.
Prof. Michael Fox of Trent University spoke about a brook trout study he's undertaking; he'll be studying the coldwater brook trout that live in
that stream.
Coun. Andrew Beamer reminded council during debate, though, that the casino is going to bring more than 180 well-paying jobs to
Peterborough.
He also noted that the casino has been a long time coming.
"This has been an extensive public process stretched over several years, an election and two councils," he said.
The casino is expected to open in mid-2018.
JKovach@postmedia.com
Exhibit Q
This is Exhibit "Q:~ referred to in the Affidavit of K. Roy Brady
r for Taking Affidavits (or as may be)
Leigh Ann Kightley,

Ontario for H.Girvin Devitt
Barrister and Solicitor. '
Expires June rt, 2020.
Search Name Report Page 1 of 2
Date Requested: June 27, 2017

Time Requested: 04:26 PM
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Teranet Express is a product of Teranet Property Search & Registration Services.


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Status: Active
Description: PT LT 3 CON 12 BURLEIGH (SOUTHERN DIVISION); PT RDAL BTN
CON 11 & CON12 BURLEIGH (SOUTHERN DIVISION) (CLOSED BY
R551307) PT 1, 2 & 5

KEITH PIN: 28470-0155
Address: 2166 NORTH MONAGHAN PARKWAY PETERBOROUGH
Status: Active

PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER
LAND PAGE 1 OF 2
REGISTRY PREPARED FOR 2405-006 MIB
OFFICE #45 28483-0031 (LT) ON 2017/06/28 AT 16:29:49
* CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
PROPERTY DESCRIPTION: PT LT 10, CON 11, N MONAGHAN, PTS 17, 19 45R2351, EXCEPT PT 1 45R6610; PT LT 10, CON 11, N MONAGHAN, PT 1 45R7876; PT LT 10, CON 11, N MONAGHAN, PT 17
45R4845 ; PETERBOROUGH
PROPERTY REMARKS:
ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE:
FEE SIMPLE FIRST CONVERSION FROM BOOK 1998/10/13
LT CONVERSION QUALIFIED
OWNERS' NAMES CAPACITY SHARE

BENNETT, DARYL NC
BENNETT, ROBERT NC
CERT/
REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
**EFFECTIVE 2000/07/29 THE NOTATION OF THE "BLOCK IMPLEMENTATION DATE" OF 1998/10/13 ON THIS PIN**
**WAS REPLACED WITH THE "PIN CREATION DATE" OF 1998/10/13**
** PRINTOUT INCLUDES ALL DOCUMENT TYPES AND DELETED INSTRUMENTS SINCE 1998/10/10 **
**SUBJECT, ON FIRST REGISTRATION UNDER THE LAND TITLES ACT, TO:
** SUBSECTION 44(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES *
** AND ESCHEATS OR FORFEITURE TO THE CROWN.
** THE RIGHTS OF ANY PERSON WHO WOULD, BUT FOR THE LAND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF
** IT THROUGH LENGTH OF ADVERSE POSSESSION, PRESCRIPTION, MISDESCRIPTION OR BOUNDARIES SETTLED BY
** CONVENTION.
** ANY LEASE TO WHICH THE SUBSECTION 70(2) OF THE REGISTRY ACT APPLIES.
**DATE OF CONVERSION TO LAND TITLES: 1998/10/13 **
NOTE: THIS PROPERTY WAS RETIRED ON 1999/03/16. THIS PROPERTY IS NOW CONSOLIDATED INTO THE FOLLOWING PROPERTY: 28483-0070
R157513 1966/02/23 BYLAW C

REMARKS: COMPLIED WITH BY THE REGISTRATION OF THE PLANNING ACT
45R2351 1976/11/03 PLAN REFERENCE C
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY.
NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.
RECENTLY:
ESTATE/QUALIFIER:
PIN
**EFFECTIVE
**WAS
**SUBJECT,
**
**DATE
NOTE:
PRINTOUT
CREATION
REPLACED
THIS
OF CONVERSION
ON
SUBSECTION
AND
THE
IT
CONVENTION.
ANY
PROPERTY
2000/07/29
INCLUDES
DATE:
FIRST
THROUGH
WITH WAS
ESCHEATS
RIGHTS
LEASE THE
REGISTRATION
ALL
TO
44(1)
OF
LENGTH
THE
"PIN
OR
WHICH
LAND
RETIRED
DOCUMENT
ANY
NOTATION
FORFEITURE
OF
CREATION
PERSON
OF
TITLES:
THE
THE
ADVERSE
ONUNDER
TYPES
SUBSECTION
LAND
1999/03/16.
OF
WHO
1998/10/13
DATE"
TO
THE
AND
TITLES
WOULD,
POSSESSION,
THE"BLOCK
LAND
OF
DELETED
CROWN.
70(2)
1998/10/13**
ACT,
BUT
THIS
TITLES
** IMPLEMENTATION
FOR
OF
INSTRUMENTS
EXCEPT
PRESCRIPTION,
PROPERTY
THE
ACT,
THE REGISTRY
PARAGRAPH
LAND
TO:
IS NOW
SINCE
TITLES
DATE"
MISDESCRIPTION
ACT
CONSOLIDATED
11,
1998/10/10
OFPARAGRAPH
ACT,
APPLIES.
1998/10/13
BE ENTITLED
**14,
OR
INTOBOUNDARIES
ON
THE
PROVINCIAL
THIS
TO FOLLOWING
THE
PIN**
LAND
SETTLED
SUCCESSION
OR BY
PROPERTY:
ANY PART
DUTIES
28483-0070
OF *
LAND PAGE 2 OF 2
OFFICE #45 28483-0031 (LT) ON 2017/06/28 AT 16:29:49
CERT/
R521152 1989/12/08 AGREEMENT THE CITY OF PETERBOROUGH C
R523835 1990/01/31 TRANSFER BENNETT, DARYL C

BENNETT, ROBERT
R523836 1990/01/31 TRANSFER BENNETT, DARYL C
R523837 1990/01/31 TRANSFER $5,758 BENNETT, ROBERT C
R523838 1990/01/31 TRANSFER $60,000 BENNETT, DARYL C

BENNETT, ROBERT
R523839Z 1990/01/31 REST COV APL ANNEX C
LAND PAGE 1 OF 3
OFFICE #45 28483-0070 (LT) ON 2017/06/27 AT 16:18:40
PROPERTY DESCRIPTION: PT LT 10 CON 11 (N MONAGHAN), PTS 17 & 19 PL 45R2351, LESS PT 1 45R6610 ; PT 1 PL 45R7876 ; PT LT 17 PL 45R4845 ; PTS 18, 20 & 21 PL 45R2351 ; PT 1
PL45R11445 ; PETERBOROUGH
PROPERTY REMARKS: LAND DIVISION CONSENT FOR PT 1 PL 45R11445 IN LT63210.

FEE SIMPLE CONSOLIDATION FROM 28483-0058, 28483-0031, 28483-0067, 28483-0069 1999/03/16

BENNETT, DARYL TCOM 1/2 INT
BENNETT, ROBERT TCOM 1/2 INT
CERT/
** CONVENTION.
R157513 1966/02/23 BYLAW C

R436794 1985/10/04 AGREEMENT *** DELETED AGAINST THIS PROPERTY ***

CITY OF PETERBOROUGH
RECENTLY:
ESTATE/QUALIFIER:
PIN
**EFFECTIVE
**WAS
**SUBJECT,
**
**DATE
PRINTOUT
CREATION
REPLACED
OF CONVERSION
ON
SUBSECTION
AND
THE
IT
CONVENTION.
ANY
2000/07/29
INCLUDES
DATE:
FIRST
THROUGH
WITH REGISTRATION
ESCHEATS
RIGHTS
LEASE THE
ALL
TO
44(1)
OF
LENGTH
THE
"PIN
OR
WHICH
LAND
DOCUMENT
ANY
NOTATION
FORFEITURE
OF
CREATION
PERSON
OF
TITLES:
THE
THE
ADVERSE
UNDER
TYPES
SUBSECTION
LAND
OF
WHO
1998/10/13
DATE"
TO
THE
AND
TITLES
WOULD,
POSSESSION,
THE"BLOCK
LAND
OF
DELETED
CROWN.
70(2)
1999/03/16**
ACT,
BUT
TITLES
** IMPLEMENTATION
FOR
OF
INSTRUMENTS
EXCEPT
PRESCRIPTION,
THE
ACT,
THE REGISTRY
PARAGRAPH
LAND
TO: TITLES
SINCE
DATE"
MISDESCRIPTION
ACT
11,
1999/03/16
OFPARAGRAPH
ACT,
APPLIES.
1998/10/13
BE ENTITLED
**14,
OR BOUNDARIES
ONPROVINCIAL
THIS
TO THE
PIN**
LAND
SETTLED
SUCCESSION
OR BY
ANY PART
DUTIES
OF *
LAND PAGE 2 OF 3
OFFICE #45 28483-0070 (LT) ON 2017/06/27 AT 16:18:40
CERT/

THE CITY OF PETERBOROUGH



R523835 1990/01/31 TRANSFER *** DELETED AGAINST THIS PROPERTY ***

BENNETT, DARYL
BENNETT, ROBERT

BENNETT, DARYL

BENNETT, ROBERT

BENNETT, DARYL
BENNETT, ROBERT
R523839Z 1990/01/31 REST COV APL ANNEX C
R640227 1997/07/31 CHARGE $300,000 BANK OF MONTREAL C
LT62976 1999/02/24 APL (GENERAL) OTONABEE REGION CONSERVATION AUTHORITY C

REMARKS: CONSERVATION AUTHORITIES ACT
LAND PAGE 3 OF 3
OFFICE #45 28483-0070 (LT) ON 2017/06/27 AT 16:18:40
CERT/
LT63209 1999/03/10 TRANSFER *** DELETED AGAINST THIS PROPERTY ***

BENNETT, DARYL BENNETT, DARYL
BENNETT, ROBERT
LT63210 1999/03/10 TRANSFER *** DELETED AGAINST THIS PROPERTY ***

564838 ONTARIO LIMITED BENNETT, DARYL
BENNETT, ROBERT
LT63211 1999/03/10 APL (GENERAL) 564838 ONTARIO LIMITED BENNETT, DARYL C

BENNETT, ROBERT
LT63351 1999/03/18 APL (GENERAL) BENNETT, DARYL BENNETT, DARYL C

BENNETT, ROBERT BENNETT, ROBERT
REMARKS: CERTIFIES OWNERSHIP, CAPACITY, & SHARE
LT63686 1999/04/07 DISCH PART CHARGE BANK OF MONTREAL C

REMARKS: RE: R640227
LT69301 1999/10/26 NOTICE AGREEMENT BENNETT, DARYL THE CORPORATION OF THE CITY OF PETERBOROUGH C
BENNETT, ROBERT
REMARKS: SITE PLAN
LT69587 1999/11/03 APL (GENERAL) *** COMPLETELY DELETED ***

THE CORPORATION OF THE CITY OF PETERBOROUGH BENNETT, DARYL
BENNETT, ROBERT
REMARKS: R453846, R500540, R471151, R521361 & R436794
LAND PAGE 1 OF 2
OFFICE #45 28052-0232 (LT) ON 2017/06/28 AT 16:32:09
PROPERTY DESCRIPTION: PT LT 7 CON 11(NORTH MONAGHAN), BEING PTS 8, 9, 10, 17 AND 18 PL 45R8991 ; PETERBOROUGH
PROPERTY REMARKS: PLANNING ACT CONSENT IN DOCUMENT PE148003.

FEE SIMPLE CONSOLIDATION FROM 28052-0072, 28051-0226 2005/01/20

VANDEN BROEK, BERNARD MARTIN JTEN
VANDEN BROEK, DEBORAH EVELYN JTEN
CERT/
** CONVENTION.
NOTE: THIS PROPERTY WAS RETIRED ON 2011/06/14. THIS PROPERTY IS NOW DIVIDED INTO THE FOLLOWING PROPERTIES: 28052-0240 TO 28052-0241
R157513 1966/02/23 BYLAW C

R556023 1991/11/12 BYLAW PUB HGHWY C
LT107069 2003/02/07 TRANSFER $240,000 MILLS, ALBERT TANTON VANDEN BROEK, BERNARD MARTIN C
MILLS, FLORENCE IRENE VANDEN BROEK, DEBORAH EVELYN
LT107070 2003/02/07 CHARGE *** DELETED AGAINST THIS PROPERTY ***

VANDEN BROEK, BERNARD MARTIN ROYAL BANK OF CANADA
RECENTLY:
ESTATE/QUALIFIER:
PIN
**SUBJECT,
**
**DATE
NOTE:
PRINTOUT
CREATION
THIS
OF CONVERSION
ON
SUBSECTION
AND
THE
IT
CONVENTION.
ANY
PROPERTY
INCLUDES
DATE:
FIRST
THROUGH
ESCHEATS
RIGHTS
LEASE REGISTRATION
WAS
ALL
TO
44(1)
OF
LENGTH
OR
WHICH
LAND
RETIRED
DOCUMENT
ANY
FORFEITURE
OF
PERSON
OF
TITLES:
THE
THE
ADVERSE
ONUNDER
TYPES
SUBSECTION
LAND
2011/06/14.
WHO
1998/10/13
TO
THE
AND
TITLES
WOULD,
POSSESSION,
THELAND
DELETED
CROWN.
70(2)
ACT,
BUT
THIS
TITLES
** FOR
OF
INSTRUMENTS
EXCEPT
PRESCRIPTION,
PROPERTY
THE
ACT,
THE REGISTRY
PARAGRAPH
LAND
TO:
IS NOW
SINCE
TITLES
MISDESCRIPTION
ACT
DIVIDED
11,
2005/01/20
ACT,
APPLIES.
PARAGRAPH
BE ENTITLED
INTO **14,
OR
THE BOUNDARIES
FOLLOWING
PROVINCIAL
TO THE PROPERTIES:
LAND
SETTLED
SUCCESSION
OR BY
ANY 28052-0240
PART
DUTIES
OF *TO 28052-0241
LAND PAGE 2 OF 2
OFFICE #45 28052-0232 (LT) ON 2017/06/28 AT 16:32:09
CERT/
VANDEN BROEK, DEBORAH EVELYN
PE13849 2005/01/04 TRANSFER $2 THE CORPORATION OF THE CITY OF PETERBOROUGH VANDEN BROEK, BERNARD MARTIN C
REMARKS: PTS 17 AND 18 PL 45R8991
PE14555 2005/01/24 BYLAW THE CORPORATION OF THE CITY OF PETERBOROUGH C

REMARKS: A BY-LAW TO STOP UP AND CLOSE PORTIONS OF FORSTER AVENUE, IN THE CITY OF PETERBOROUGH, PARTS 17 AND 18 PL 45R8991
PE24971 2005/09/09 CHARGE $60,000 VANDEN BROEK, BERNARD MARTIN CANADIAN IMPERIAL BANK OF COMMERCE C
PE73431 2008/02/28 DISCH OF CHARGE *** COMPLETELY DELETED ***

ROYAL BANK OF CANADA
REMARKS: RE: LT107070
PE74201 2008/03/11 CHARGE $189,000 VANDEN BROEK, BERNARD MARTIN CIBC MORTGAGES INC. C
PE74512 2008/03/14 POSTPONEMENT CANADIAN IMPERIAL BANK OF COMMERCE CIBC MORTGAGES INC. C
REMARKS: PE24971 TO PE74201
PE147999 2011/06/09 DISCH OF CHARGE CIBC MORTGAGES INC. C

REMARKS: PE74201.
PE148000 2011/06/09 DISCH OF CHARGE CANADIAN IMPERIAL BANK OF COMMERCE C

REMARKS: PE24971.
PE148003 2011/06/09 TRANSFER $10,000 VANDEN BROEK, BERNARD MARTIN BENNETT, ROBERT EDWARD C
VANDEN BROEK, DEBORAH EVELYN BENNETT, ELIZABETH
LAND PAGE 1 OF 2
OFFICE #45 28052-0240 (LT) ON 2017/06/28 AT 16:33:45
PROPERTY DESCRIPTION: PT LT 7 CON 11 (NORTH MONAGHAN), BEING PT 1 PL 45R15208; CITY OF PETERBOROUGH
PROPERTY REMARKS: PLANNING ACT CONSENT IN DOCUMENT PE148003.

FEE SIMPLE DIVISION FROM 28052-0232 2011/06/14

HORNER, JAMES ROSS JTEN
HORNER, VANESSA JTEN
CERT/
** CONVENTION.
R157513 1966/02/23 BYLAW C

PE148003 2011/06/09 TRANSFER $10,000 VANDEN BROEK, BERNARD MARTIN BENNETT, ROBERT EDWARD C
VANDEN BROEK, DEBORAH EVELYN BENNETT, ELIZABETH
PE222670 2015/04/09 CHARGE *** COMPLETELY DELETED ***

BENNETT, ELIZABETH THE TORONTO-DOMINION BANK
BENNETT, ROBERT EDWARD
PE226221 2015/06/12 TRANSFER $380,000 BENNETT, ELIZABETH HORNER, JAMES ROSS C

BENNETT, ROBERT EDWARD HORNER, VANESSA
REMARKS: PLANNING ACT STATEMENTS.
RECENTLY:
ESTATE/QUALIFIER:
PIN
**SUBJECT,
**
**DATE
PRINTOUT
CREATION
OF CONVERSION
ON
SUBSECTION
AND
THE
IT
CONVENTION.
ANY
INCLUDES
DATE:
FIRST
THROUGH
ESCHEATS
RIGHTS
LEASE REGISTRATION
ALL
TO
44(1)
OF
LENGTH
OR
WHICH
LAND
DOCUMENT
ANY
FORFEITURE
OF
PERSON
OF
TITLES:
THE
THE
ADVERSE
UNDER
TYPES
SUBSECTION
LAND
WHO
1998/10/13
TO
THE
AND
TITLES
WOULD,
POSSESSION,
THELAND
DELETED
CROWN.
70(2)
ACT,
BUT
TITLES
** FOR
OF
INSTRUMENTS
EXCEPT
PRESCRIPTION,
THE
ACT,
THE REGISTRY
PARAGRAPH
LAND
TO: TITLES
SINCE
MISDESCRIPTION
ACT
11,
2011/06/14
ACT,
APPLIES.
PARAGRAPH
BE ENTITLED
**14,
OR BOUNDARIES
PROVINCIAL
TO THE SETTLED
LAND
SUCCESSION
OR BY
ANY PART
DUTIES
OF *
LAND PAGE 2 OF 2
OFFICE #45 28052-0240 (LT) ON 2017/06/28 AT 16:33:45
CERT/
PE226222 2015/06/12 CHARGE $304,000 HORNER, JAMES ROSS BANK OF MONTREAL C

HORNER, VANESSA

THE TORONTO-DOMINION BANK
REMARKS: PE222670.
LAND PAGE 1 OF 3
OFFICE #45 28055-0057 (LT) ON 2017/06/28 AT 16:33:00
PROPERTY DESCRIPTION: PT LT 9 CON 10 N MONAGHAN AS IN R419653 ; CVN-MIL-NMO
PROPERTY REMARKS:

BENNETT, ROBERT EDWARD JTEN
BENNETT, ELIZABETH JTEN
CERT/
** CONVENTION.
R157513 1966/02/23 BYLAW C

R419653 1984/09/28 TRANSFER *** COMPLETELY DELETED ***

MORRISH, STEPHEN CAMERON
R606351 1995/02/09 NOTICE C

REMARKS: AIRPORT ZONING REGULATIONS
LT119450 2003/11/28 TRANSFER *** COMPLETELY DELETED ***

MORRISH, STEPHEN CAMERON CONLIN, LAWRENCE CLIFFORD
CONLIN, SUSAN MARIE
REMARKS: PLANNING ACT STATEMENT
LT119451 2003/11/28 CHARGE *** COMPLETELY DELETED ***

RECENTLY:
ESTATE/QUALIFIER:
PIN
**EFFECTIVE
**WAS
**SUBJECT,
**
**DATE
PRINTOUT
CREATION
REPLACED
OF CONVERSION
ON
SUBSECTION
AND
THE
IT
CONVENTION.
ANY
2000/07/29
INCLUDES
DATE:
FIRST
THROUGH
WITH REGISTRATION
ESCHEATS
RIGHTS
LEASE THE
ALL
TO
44(1)
OF
LENGTH
THE
"PIN
OR
WHICH
LAND
DOCUMENT
ANY
NOTATION
FORFEITURE
OF
CREATION
PERSON
OF
TITLES:
THE
THE
ADVERSE
UNDER
TYPES
SUBSECTION
LAND
OF
WHO
1999/06/21
DATE"
TO
THE
AND
TITLES
WOULD,
POSSESSION,
THE"BLOCK
LAND
OF
DELETED
CROWN.
70(2)
1999/06/21**
ACT,
BUT
TITLES
** IMPLEMENTATION
FOR
OF
INSTRUMENTS
EXCEPT
PRESCRIPTION,
THE
ACT,
THE REGISTRY
PARAGRAPH
LAND
TO: TITLES
SINCE
DATE"
MISDESCRIPTION
ACT
11,
1999/06/18
OFPARAGRAPH
ACT,
APPLIES.
1999/06/21
BE ENTITLED
**14,
OR BOUNDARIES
ONPROVINCIAL
THIS
TO THE
PIN**
LAND
SETTLED
SUCCESSION
OR BY
ANY PART
DUTIES
OF *
LAND PAGE 2 OF 3
OFFICE #45 28055-0057 (LT) ON 2017/06/28 AT 16:33:00
CERT/
CONLIN, LAWRENCE CLIFFORD MANULIFE BANK OF CANADA

CONLIN, SUSAN MARIE
PE10739 2004/10/19 NOTICE *** COMPLETELY DELETED ***

CONLIN, SUSAN MARIE MANULIFE BANK OF CANADA
CONLIN, LAWRENCE CLIFFORD
PE24805 2005/09/07 NOTICE *** COMPLETELY DELETED ***

CONLIN, SUSAN MARIE
REMARKS: LT119451

CONLIN, SUSAN MARIE

MANULIFE BANK OF CANADA
REMARKS: RE: LT119451

CONLIN, SUSAN MARIE

REMARKS: RE: PE37312

CONLIN, SUSAN MARIE

REMARKS: PE55090.
PE225815 2015/06/05 TRANSFER $600,000 CONLIN, LAWRENCE CLIFFORD BENNETT, ROBERT EDWARD C
CONLIN, SUSAN MARIE BENNETT, ELIZABETH
REMARKS: PLANNING ACT STATEMENTS.
PE225816 2015/06/05 CHARGE $390,000 BENNETT, ROBERT EDWARD THE TORONTO-DOMINION BANK C
BENNETT, ELIZABETH
LAND PAGE 3 OF 3
OFFICE #45 28055-0057 (LT) ON 2017/06/28 AT 16:33:00
CERT/

REMARKS: PE116951.
LAND PAGE 1 OF 2
OFFICE #45 28483-0033 (LT) ON 2017/06/28 AT 16:30:31
PROPERTY DESCRIPTION: PT LT 10, CON 11, N MONAGHAN, PT 2 45R5681 ; PETERBOROUGH
PROPERTY REMARKS:

564838 ONTARIO LIMITED BENO
CERT/
** CONVENTION.
R157513 1966/02/23 BYLAW C

R436794 1985/10/04 AGREEMENT CITY OF PETERBOROUGH C
R453473 1986/09/04 TRANSFER $25,000 564838 ONTARIO LIMITED C

RECENTLY:
ESTATE/QUALIFIER:
PIN
**EFFECTIVE
**WAS
**SUBJECT,
**
**DATE
NOTE:
PRINTOUT
CREATION
REPLACED
THIS
OF CONVERSION
ON
SUBSECTION
AND
THE
IT
CONVENTION.
ANY
PROPERTY
2000/07/29
INCLUDES
DATE:
FIRST
THROUGH
WITH WAS
ESCHEATS
RIGHTS
LEASE THE
REGISTRATION
ALL
TO
44(1)
OF
LENGTH
THE
"PIN
OR
WHICH
LAND
RETIRED
DOCUMENT
ANY
NOTATION
FORFEITURE
OF
CREATION
PERSON
OF
TITLES:
THE
THE
ADVERSE
ONUNDER
TYPES
SUBSECTION
LAND
1999/03/15.
OF
WHO
1998/10/13
DATE"
TO
THE
AND
TITLES
WOULD,
POSSESSION,
THE"BLOCK
LAND
OF
DELETED
CROWN.
70(2)
1998/10/13**
ACT,
BUT
THIS
TITLES
** IMPLEMENTATION
FOR
OF
INSTRUMENTS
EXCEPT
PRESCRIPTION,
PROPERTY
THE
ACT,
THE REGISTRY
PARAGRAPH
LAND
TO:
IS NOW
SINCE
TITLES
DATE"
MISDESCRIPTION
ACT
DIVIDED
11,
1998/10/10
OFPARAGRAPH
ACT,
APPLIES.
1998/10/13
BE ENTITLED
INTO **14,
OR
THE BOUNDARIES
ONPROVINCIAL
FOLLOWING
THIS
TO THE
PIN**
LAND
SETTLED
PROPERTIES:
SUCCESSION
OR BY
ANY 28483-0066
PART
DUTIES
OF *TO 28483-0067
LAND PAGE 2 OF 2
OFFICE #45 28483-0033 (LT) ON 2017/06/28 AT 16:30:31
CERT/
R640227 1997/07/31 CHARGE $300,000 BANK OF MONTREAL C

LT63141 1999/03/04 APL (GENERAL) 564838 ONTARIO LIMITED THE CORPORATION OF THE CITY OF PETERBOROUGH C
REMARKS: LESS PT 1 PL45R11445
CORRECTIONS: 'PARTY' CHANGED FROM '564383 ONTARIO LIMITED' TO '564838 ONTARIO LIMITED' ON 1999/03/15 BY BOB APPLETON.
LT63210 1999/03/10 TRANSFER $12,000 564838 ONTARIO LIMITED BENNETT, DARYL C

BENNETT, ROBERT
LAND PAGE 1 OF 2
OFFICE #45 28483-0034 (LT) ON 2017/06/28 AT 16:31:18
PROPERTY DESCRIPTION: PT LT 10, CON 11, N MONAGHAN, PT 2 45R8213 ; PETERBOROUGH
PROPERTY REMARKS:

564838 ONTARIO LIMITED BENO
CERT/
** CONVENTION.
R157513 1966/02/23 BYLAW C

R436794 1985/10/04 AGREEMENT CITY OF PETERBOROUGH C

RECENTLY:
ESTATE/QUALIFIER:
PIN
**EFFECTIVE
**WAS
**SUBJECT,
**
**DATE
NOTE:
PRINTOUT
CREATION
REPLACED
THIS
OF CONVERSION
ON
SUBSECTION
AND
THE
IT
CONVENTION.
ANY
PROPERTY
2000/07/29
INCLUDES
DATE:
FIRST
THROUGH
WITH WAS
ESCHEATS
RIGHTS
LEASE THE
REGISTRATION
ALL
TO
44(1)
OF
LENGTH
THE
"PIN
OR
WHICH
LAND
RETIRED
DOCUMENT
ANY
NOTATION
FORFEITURE
OF
CREATION
PERSON
OF
TITLES:
THE
THE
ADVERSE
ONUNDER
TYPES
SUBSECTION
LAND
1999/03/15.
OF
WHO
1998/10/13
DATE"
TO
THE
AND
TITLES
WOULD,
POSSESSION,
THE"BLOCK
LAND
OF
DELETED
CROWN.
70(2)
1998/10/13**
ACT,
BUT
THIS
TITLES
** IMPLEMENTATION
FOR
OF
INSTRUMENTS
EXCEPT
PRESCRIPTION,
PROPERTY
THE
ACT,
THE REGISTRY
PARAGRAPH
LAND
TO:
IS NOW
SINCE
TITLES
DATE"
MISDESCRIPTION
ACT
DIVIDED
11,
1998/10/10
OFPARAGRAPH
ACT,
APPLIES.
1998/10/13
BE ENTITLED
INTO **14,
OR
THE BOUNDARIES
ONPROVINCIAL
FOLLOWING
THIS
TO THE
PIN**
LAND
SETTLED
PROPERTIES:
SUCCESSION
OR BY
ANY 28483-0068
PART
DUTIES
OF *TO 28483-0069
LAND PAGE 2 OF 2
OFFICE #45 28483-0034 (LT) ON 2017/06/28 AT 16:31:18
CERT/
R531889 1990/06/28 NOTICE C
R562815 1992/04/23 TRANSFER *** COMPLETELY DELETED ***

POSTHUMUS, ANDREW
KATER, HANS
LT62348 1999/01/13 TRANSFER POSTHUMUS, ANDREW 564838 ONTARIO LIMITED C

KATER, HANS

LT63141 1999/03/04 APL (GENERAL) 564838 ONTARIO LIMITED THE CORPORATION OF THE CITY OF PETERBOROUGH C
REMARKS: LESS PT 1 PL45R11445
CORRECTIONS: 'PARTY' CHANGED FROM '564383 ONTARIO LIMITED' TO '564838 ONTARIO LIMITED' ON 1999/03/15 BY BOB APPLETON.
LT63210 1999/03/10 TRANSFER $12,000 564838 ONTARIO LIMITED BENNETT, DARYL C

BENNETT, ROBERT
Exhibit R
This is Exhibit "~;jLeferred to in the Affidavit of K. Roy Brady
sworn August !:-I..~: , 2017
leigh Ann Kightley,

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City of Peterborough sells land on Harper Rd. for casino parking

By Joelle Kovach
Monday, June 19, 2017 9:43:20 EDT PM
City councillors voted on Monday to sell a piece of municipal land on Harper Rd., next to the property planned for the new Shorelines
Peterborough Casino, to allow room for extra parking for the casino and hotel.
The city is selling a one-acre portion of 586 Harper Rd. to Roshan Holdings, which will owns the land the casino and hotel will sit on (on
Crawford Dr. and the Parkway).
A city staff report states the idea is to allow more parking for the hotel and casino. The city expects to make $109,000 plus tax for the land.
That's expected to mean there's room for 640 parking spots for the hotel and casino (which should be enough, says city staff - even at peak
times.)
Councillors didn't debate the prospective sale in public - that happened in closed session. But they did vote unanimously on the plan in the
open meeting. Mayor Daryl Bennett voted too.
Bennett is a director of a numbered company that owns the Liftlock Group of companies, which owns land nearby at 728 Rye St.
But in an interview following the meeting he said he doesn't stand to benefit from the sale.
When asked by The Examiner why he did not declare a pecuniary interest, he said he was "a bit offended" by the question.
"What are you talking about? It has no benefit to me whatsoever," Bennett said of the property sale.
The developer and operator of the new Shorelines Casino Peterborough is a company from Vancouver called Great Canadian Gaming Corp.
It has received all the permissions it needs from the city to begin construction, and they plan to start building the casino and hotel soon.
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Exhibit S
This is Exhibit "&~'Jreferred to in the Affidavit of K. Roy Brady
leigh Ann Klghtley,

a Commissioner, ete., Province of
Ontario for H.GIrvin Devitt,
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Shorelines Peterborough Casino groundbreaking will be Sept. 6

By Joelle Kovach
Tuesday, August 1, 2017 7:30:11 EDT PM
The construction of Peterborough's new casino will get officially underway in early September.
Great Canadian Gaming announced the formal groundbreaking for the new Shorelines Casino Peterborough on Tuesday. It will happen Sept. 6
at 11 a.m. at 1400 Crawford Dr., the future home of the facility.
The event will be followed by a reception at the Canadian Canoe Museum on Monaghan Rd.
The casino is expected to open next year.
Meanwhile a citizen applied to take the city to court over the new casino, arguing that the site selection came of "a tainted process" that began
in secret.
Roy Brady, a vocal opponent of the planned new casino, filed an application in May for a court order quashing council's rezoning of a property
at Crawford Dr. and The Parkway for the new casino.
Brady is also seeking an interim injunction to keep the city from allowing the project to go any further.
The court application argues that city staff was directed to begin amending the city's Official Plan and rezoning after an "illegal meeting" held in
private (in contravention of Municipal Act rules).
It also states that building the Shorelines Casino Peterborough on the site will hurt the city.
"There will be irreparable harm if development begins on the Crawford Dr. site - to the environment, to civic participation and to the rights of the
public," the court document states.
Brady had applied for a hearing to take place in divisional court in Oshawa.
On Tuesday he said no court date has been set, but his affidavit is being prepared and will be submitted to the city soon through his lawyer
(Michael Binetti, of Toronto).
Brady said his position is that no construction should start prior to a hearing.
"They (city officials) know a hearing is going to happen," he said.
Chuck Keeling, a spokesman for Great Canadian Gaming, told The Examiner on Tuesday the firm plans to proceed with construction since
they have all the approvals they need from the city.
Mayor Daryl Bennett stated in an email that he couldn't speak about the matter in any detail because it's the subject of an application to the
court.
But he did state that the land-use approvals are all in place, which usually means construction can begin at any time.
Bennett also pointed out that those land-use approvals were granted after a hearing before the Ontario Municipal Board (OMB) was dropped.
The Downtown BIA and AON, a landlord, had appealed the city's rezoning for the project last year, arguing the casino should be located in
downtown Peterborough.
But they settled with the city: Under the deal, $150,000 per year will be provided annually for 20 years to the DBIA to promote the downtown
and for security purposes.
The citizens' group No Casino Peterborough group also appealed to the OMB, but later withdrew its request to hold participant status in the
appeal.
Just after Brady filed his court application in May, Bennett told The Examiner the city had no intention of halting its casino plans.
The city could wait and see what happens with the court filing before allowing construction to happen, but the mayor said in May the city
wouldn't do so.
"The city will follow its normal public process in dealing with the application," he wrote in an email.
K. ROY BRADY -and- THE CORPORATION OF THE CITY OF PETERBOROUGH
Applicant Respondent
Court File No. 1021/17 DC
ONTARIO
SUPERIOR COURT OF JUSTICE
(DIVISIONAL COURT)
PROCEEDING COMMENCED AT
OSHAWA
AFFIDAVIT
AFFLECK GREENE MCMURTRY LLP

Barristers and Solicitors
365 Bay Street
Suite 200
Toronto ON M5H 2V1
Michael I. Binetti (53036D)

mbinetti@agmlawyers.com
Tel: (416) 360-0777
Fax: (416) 360-5960
Lawyers for the Applicant
RCP-E 4C (May 1, 2016)

Roy Brady&#39;s Affidavit

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Roy Brady&#39;s Affidavit

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Court File No.

THE CORPORATION OF THE CITY OF PETERBOROUGH

I, K. Roy Brady, of the City of Peterborough, MAKE OATH AND SAY:

contained in this affidavit.

2. I am a resident of the City of Peterborough.

over the subject matter; and

1) Central Area (Downtown), 2) Commercial Catalyst Zone (East), and 3) The

to City Council approval of March 18, 2013.

requirements to be a willing host municipality for a casino.

delegations on the issue of the location of the proposed casino.

should the proponent be interested in an alternative site, Council

will consider it.

the Crawford Dr. location.

site would be Crawford Dr. The City hid that fact.

Crawford Dr. dated April 14, 2016.

would be building its Shoreline Casinos at the Crawford Dr. location.

Citys Planning Division Report PLPD16-038 dated May 9, 2016.

impact on natural heritage.

of the groundwork for the development on that site in secret.

members of the public.

Council resolutions dated May 16, 2016.

and report to the City.

33. The Bellchamber Report included the following key findings:

to the open meeting requirement of the Municipal Act.

consider Crawford Dr. as a location for the proposed casino.

for Official Plan amendments and rezoning of that site.

the open meetings rule of the Municipal Act.

June 19, 2017.

The Closed Meeting Investigators Report has been a learning

will continue to be vigilant in regards to closed meetings.

Illegality of the By-law

consulted on the location of a proposed casino.

Illegal Meeting and issuing the Illegal Direction.

as they pertain to Crawford Dr.

2017. I was at that meeting.

the associated road works pose serious environmental concerns.

board and not being considered by Council.

wetland on which the casino is being proposed to be built.

existence of this application. Now shown to me and marked as Exhibit P is a copy of a

Peterborough Examiner article entitled Construction to start soon on Shorelines Casino

which will take some time to conclude.

Conflict of Interest Concerns

Crawford Dr. being selected as the site for the casino.

his brother can answer definitively.

marked as Exhibit Error! Reference source not found. is a copy of a Peterborough

have an impact on the value of the Mayors property in the area.

casino of property in close proximity to his.

SWORN BEFORE ME at the City of, in the

A. City Staff Report PLPD13-013 dated February 11, 2013

or Taking Affidavits (or as may be)

leigh Ann Kightley,

FROM: Malcolm Hunt, Director, Planning and Development Services

MEETING DATE: February 11, 2013

SUBJECT: Report PLPD13-013

That Council approve the recommendations outlined in Report PLPD13-013 dated

Pursuant to Section 2 of Ontario Regulation 81/12 the Council of the City of

b) That, prior to the passage of the foregoing resolution, Council receive

BUDGET AND FINANCIAL IMPLICATIONS

SECTION 1: OLGS LOTTERY AND GAMING MODERNIZATION

The Peterborough Zone (Zone E1) is geographically defined in Figure 1.

Source: RFI# 1213-001 Modernizing Land Based Gaming in Ontario

SECTION 2: APPLYING THE OLG CONCEPT IN THE

SECTION 3: PETERBOROUGHS CURRENT LAND USE POLICY AND

THE ZONING BYLAW

Roy Brady's Affidavit

Roy Brady's Affidavit