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Home My WebLink About04/15/2019Final C111ll00Il General Government Committee Agenda Date: April 15, 2019 Time: 9:30 AM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgra�clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Noon Recess: Please be advised that, as per the Municipality of Clarington's Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net Clarington General Government Committee Agenda Date: April 15, 2019 Time: 9:30 AM Place: Council Chambers 1 Call to Order 2 New Business — Introduction Members of Committee are encouraged to provide the Clerk's Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 March 25 Minutes of a Regular Meeting of March 25, 2019 Minutes 6.2 March 29 Minutes of a Special Meeting of March 29, 2019 Minutes 7 Delegations 7.1 Steve Yarmie, Regarding Road Conditions on 10th Concession 7.2 Richard Ward, Regarding Additional Concerns Regarding Flooding in Kendal Page 6 Page 24 7.3 Kevin Adams, The Old Newcastle House Taps & Grill Inc., Regarding a Stationary Refreshment Vehicle By-law Exemption 8 Communications - Receive for Information 8.1 Minister of The Honourable Francois -Philippe Champagne, Minister of Page 28 Infrastructure Infrastructure and Communities, Regarding the Federal and Gas Tax Fund in Ontario Communities Page 2 Clarington General Government Committee Agenda Date: April 15, 2019 Time: 9:30 AM Place: Council Chambers 9 Communications — Direction 9.1 Williams Sale Gary Drennan, Consultant Project Manager, Page 32 Partnership Transportation, Williams Sale Partnership (WSP), Regarding Noise By-law Exemption Request (Motion to Approve an exemption to the Municipality's Noise By-law 2007-071 for Highway 401 Improvements from 0.5 km east of Bennett Road to 2.1 km west of Courtice Road from May 1, 2019 to November 30, 2019) 9.2 Shawn Reid Shawn Reid, Regarding a Fitness Centre in the Diane Page 36 Hamre Recreation Complex in Newcastle (Motion for Direction) 9.3 Kevin Adams Kevin Adams, The Old Newcastle House Taps & Grill Inc., Regarding a Stationary Refreshment Vehicle By-law Exemption 9.4 John Mackenzie, Toronto and Region Source Protection Authority 9.5 Township of Tudor and Cashel (Motion to Refer to Staff) John Mackenzie, Chief Executive Officer, Toronto and Region Source Protection Authority - Request for Nomination to the CTC Source Protection Committee (Motion to concur with the Region of Durham's nomination of John Presta to the CTC Source Protection Committee) Township of Tudor and Cashel - Hydro One Delivery Fees (Motion for Direction) 10 Presentations No Presentations Page 3 Clarington General Government Committee Agenda Date: April 15, 2019 Time: 9:30 AM Place: Council Chambers 11 Engineering Services Department 11.1 EGD -010-19 Brookhill West Subdivision Phase 1, Bowmanville, Plan Page 37 40M-2459 'Certificate of Acceptance' and 'Assumption By - Law", Final Works Including Roads and Other Related Works 11.2 EGD -011-19 Brookhill West Subdivision Phase 2, Bowmanville, Plan Page 44 40M-2506 'Certificate of Acceptance' and 'Assumption By - Law', Final Works Including Roads and other Related Works 12 Operations Department 12.1 OPD -004-19 2018 Winter Budget Report Page 49 12.2 OPD -005-19 Orono Cemetery Board Page 54 13 Emergency and Fire Services Department No Reports 14 Community Services Department No Reports 15 Municipal Clerk's Department 15.1 CLD -011-19 Appointments to Various Boards & Committees - Page 59 2019-2022 16 Corporate Services Department No Reports 17 Finance Department 17.1 FND-008-19 2018 Building Permit Fee Report Page 65 Page 4 Clarington General Government Committee Agenda Date: April 15, 2019 Time: 9:30 AM Place: Council Chambers 17.2 FND-009-19 Elexicon Inter -creditor Agreement 17.3 FND-010-19 Strategic Asset Management Policy 17.4 FND-011-19 Gift Agreement with Bowmanville Hospital Foundation 18 Solicitor's Department No Reports 19 Chief Administrative Office No Reports 20 New Business —Consideration 21 Unfinished Business No Reports 22 Confidential Reports No Reports 23 Adjournment Page 70 Page 92 Page 5 Clarington General Government Committee Minutes March 25, 2019 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the General Government Committee held on Monday, March 25, 2019 at 9:30 AM in the Council Chambers. Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, and Councillor M. Zwart Regrets: Councillor C. Traill Staff Present: T. Cannella, J. Caruana, A. Greentree, S. Brake, M. Marano, R. Maciver, T. Pinn, G. Weir, J. Gallagher, S. Gray 1 Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2 New Business — Introduction Councillor Neal asked that a new business item, regarding Veridian Compensation, be added to the New Business — Consideration section of the agenda. Councillor Neal asked that a new business item, regarding Benefit Coverage Costs, be added to the New Business — Consideration section of the agenda. Councillor Neal asked that a new business item, regarding Garbage Pickup in Clarington, be added to the New Business — Consideration section of the agenda. Councillor Neal asked that a new business item, regarding the Clarington Public Library Appointment, be added to the New Business — Consideration section of the agenda. Councillor Anderson asked that a new business item, regarding Flooding in Kendal, be added to the New Business — Consideration section of the agenda. Recess Resolution #GG -159-19 Moved by Councillor Zwart, seconded by Councillor Hooper That the Committee recess for 5 minutes. Carried The meeting reconvened at 9:50 AM with Mayor Foster in the Chair. -1- A• Clarington 3 Adopt the Agenda Resolution #GG -160-19 General Government Committee Minutes March 25, 2019 Moved by Councillor Jones, seconded by Councillor Neal That the Agenda be adopted as presented, with the addition of the new business items regarding: • Clarington Public Library Appointment • Veridian Compensation • Garbage Pickup in Clarington • Benefit Coverage Costs • Flooding in Kendal Carried 4 Declaration of Interest Mayor Foster declared an interest in New Business Item 20.1, Regarding Verdian Compensation. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #GG -161-19 Moved by Councillor Hooper, seconded by Councillor Anderson That the minutes of the regular meeting of the General Government Committee meeting held on March 4, 2019, be approved. Carried -2- Clarington 7 Delegations General Government Committee Minutes March 25, 2019 7.1 Linda Kent, Library Director, Clarington Public Library and Steven Cooke, Chair, Clarington Public Library Board, Regarding the Bowmanville Branch Accessibility Retrofit Project Linda Kent, Library Director, Clarington Public Library and Steven Cooke, Chair, Clarington Public Library Board were present regarding the Bowmanville Branch Accessibility Retrofit Project. Mr. Cooke made a verbal presentation to accompany an electronic presentation. He explained that, through the 2019 budget process, the Library presented a plan to complete a holistic renovation of the Bowmanville Branch. Mr. Cooke noted that Council revised the scope of the project to address accessibility issues only and the project budget was changed to not to exceed $1.3 million. He mentioned that the Library's Steering Committee has worked with the Municipality's Accessibility Coordinator to compile a list of high priority accessibility issues to be considered in a "Bowmanville Branch Accessibility Redesign". Mr. Cooke explained that the following general accessibility improvements will include: replacing the uneven slate flooring, improving the lighting, lightening paint colours and installing accessible customer service desks. He noted that the accessibility improvements specific to the first floor include: installing a universal washroom and expanding the front entrance. Mr. Cooke explained that the accessibility improvements specific to the mezzanine floor include, and removing the doors leading to the mezzanine restrooms. He noted that the lighting in the restrooms will also require improvements. Mr. Cooke stated that the architects, Shoalts and Zaback, have created a revised design based on these changes. He displayed photos highlighting the first floor improvements, mezzanine level and second floor level. Mr. Cooke noted that the revised scope of the project will allow the Library to remain open during the renovation as construction will be completed in phases. He explained that the project is estimated to cost $730,000 which includes HST. Mr. Cooke advised the Committee that accounting for the accessibility grant funding, the estimated funding required to complete the project is $680,458. He concluded by thanking the Committee and offered to answer any questions. Alter the Agenda Resolution #GG -162-19 Moved by Councillor Hooper, seconded by Councillor Anderson That the Agenda be altered to consider Communication Item 9.3, Linda Kent, Library Director, Clarington Public Library, Regarding Bowmanville Branch Accessibility Redesign, at this time. Carried -3- Clarington General Government Committee Minutes March 25, 2019 Resolution #GG -163-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Communication Item 9.3, Linda Kent, Library Director, Clarington Public Library, Regarding Bowmanville Branch Accessibility Redesign, be received for information. Carried 7.2 Sheila Hall, Executive Director, and Bonnie Wrightman, Manager of Business Development, Clarington Board of Trade (CBOT), Regarding an Economic Development Update Mayor Foster made an announcement, related to Clarington's economic development, that East Penn Canada will be moving their Canadian headquarters to Clarington. Sheila Hall, Executive Director, and Bonnie Wrightman, Manager of Business Development, Clarington Board of Trade (CBOT), were present regarding an economic development update. They made a verbal presentation to accompany an electronic presentation. Ms. Hall provided the Committee with background information on the announcement of East Penn Canada moving their headquarters to Clarington. She highlighted the areas and companies with whom CBOT has been working. Ms. Hall stated that the CBOT's goal is to create awareness, convert interest to investment, and create jobs. She provided an update regarding the 2018 investments and retention and expansion of businesses in Clarington. Ms. Wrightman outlined the Clarington serviced industrial land inquiry assessment and the Clarington industrial building inquiry assessment. She explained that there are only two acres of fully service marketable industrial land available today. Ms. Wrightman explained that the CBOT's current projects support economic growth in Clarington. She concluded by thanking the Committee and offered to answer any questions. Suspend the Rules Resolution #GG -164-19 Moved by Councillor Neal, seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the delegation of Sheila Hall, Executive Director, Clarington Board of Trade, regarding an Economic Development Update a second time. Carried E Clarington Suspend the Rules Resolution #GG -165-19 General Government Committee Minutes Moved by Councillor Neal, seconded by Councillor Jones March 25, 2019 That the Rules of Procedure be suspended to allow Members of Committee to speak to the delegation of Sheila Hall, Executive Director, Clarington Board of Trade, regarding an Economic Development Update a third time. Carried Alter the Agenda Resolution #GG -166-19 Moved by Councillor Hooper, seconded by Councillor Zwart That the Agenda be altered to consider Communication 8.5, Sheila Hall, Executive Director, Clarington Board of Trade, regarding the 2018 Economic Development Update, at this time. Carried Resolution #GG -167-19 Moved by Councillor Hooper, seconded by Councillor Jones That Communication Item 8.5, Sheila Hall, Executive Director, Clarington Board of Trade, regarding the 2018 Economic Development Update, be received for information; That the delegation of Sheila Hall and Bonnie Wrightman, Clarington Board of Traide, regarding the 2018 Economic Development Update, be received with thanks; That the Mayor be directed to send a letter, on behalf of Clarington Council, to the Clarington Board or Trade, congratulating them on their hard work; and That the Mayor be directed to send a letter, on behalf of Clarington Council, to East Penn Canada welcoming them to the Municipality of Clarington. Carried -5- 10 Clar-ington- General Government Committee Minutes March 25, 2019 7.3 Kelly Bayne, President and Steven Cooke, League Convenor, DESA Fun League, Regarding Report OPD -003-19, Sports Field User Guide and Fees Kelly Bayne, President and Steven Cooke, League Convenor, DESA Fun League were present, regarding Report OPD -003-19, Sports Field User Guide and Fees. She advised the Committee that the DESA Fun League is a softball league for adults and it was founded in Clarington in 2006. Ms. Bayne explained that the League had four teams in 2006, and in 2018 there were 16 teams with over 211 players. She noted that players come from across the Region of Durham to play in Clarington and players are willing to travel to play in this League. Ms. Bayne explained that, when the players and teams come to Clarington, they are spending money. She advised the Committee that she is concerned with the proposed 85% residency requirement results in an increased cost and it will affect the future of the League. Ms. Bayne explained that their budget and registration fees were set at the beginning of February 2019 and that they have 191 players registered for the upcoming season. She noted that, if the League cannot meet the 85% residency requirement, the diamond costs would increase by 58%. Ms. Bayne stated that the potential increase would make them the most expensive league in Durham Region. She explained that she has privacy concerns as the League does not have consent to share their personal information about residency. Ms. Bayne stated that the field user meeting was held on Thursday, March 21, 2019 and did not provide organizations much time to deliberate before today's meeting. She explained that she would like there to be other alternatives considered and consultation with stakeholders affected. Recess Resolution #GG -168-19 Moved by Councillor Neal, seconded by Councillor Jones That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:12 AM with Mayor Foster in the Chair. 8 Communications - Receive for Information 8.1 Minutes of the Bowmanvlle Business Improvement Area dated January 8, 2019 8.2 Minutes of the Newcastle Business Improvement Area dated March 14, 2019 8.3 Gary Drennan, Consultant Project Manager, Transportation, Williams Sale Partnership (WSP), Regarding Notice of Filing of Design and Construction Report M 11 Clarington General Government Committee Minutes March 25, 2019 8.4 Ralph Walton, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, Regarding City of Vancouver Single -Use Items Reduction Strategy Resolution #GG -169-19 Moved by Councillor Zwart, seconded by Councillor Hooper That the Communication Items 8.1 to 8.4 be received for information, with the exception of Correspondence Items 8.2 and 8.4. Carried Resolution #GG -170-19 Moved by Councillor Hooper, seconded by Councillor Anderson That the Communications Item 8.2 be received for information. Carried Resolution #GG -171-19 Moved by Councillor Neal, seconded by Councillor Jones That Staff be directed to see what can be done about reducing their use at Clarington Council meetings or events the matter of single use plastic plates, cups and cutlery; and That Staff report back on the elimination of single use plastics in Clarington buildings. Carried 8.5 Sheila Hall, Executive Director, Clarington Board of Trade, Regarding 2018 Economic Development Update Communication Item 8.5, Sheila Hall, Executive Director, Clarington Board of Trade, Regarding 2018 Economic Development Update was considered earlier in the meeting during the delegation portion of the agenda. -7- 12 Clariiw-n General Government Committee Minutes March 25, 2019 9 Communications — Direction 9.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Regional Municipality of Durham, Regarding Proposed Durham Region Broadband Strategy, "Connecting our Communities: A Broadband Strategy for Durham Region" Resolution #GG -172-19 Moved by Councillor Hooper, seconded by Councillor Anderson That the following resolution of the Region of Durham, regarding Proposed Durham Region Broadband Strategy, be endorsed by the Municipality of Clarington: That Council recognize the importance of adequate broadband infrastructure for the wellbeing and economic competitiveness of the Region's residents, businesses, and institutions; That "Connecting our Communities: A Broadband Strategy for Durham Region", dated February 5, 2019 (Attachment #1 to Report #2019-P-3) be endorsed in principle, subject to any additional resources being contingent upon the approval of the 2019 budget and subsequent budget processes; That the Regional Chair write to the Provincial Minister of Economic Development, Job Creation and Trade and local Ministers of Provincial Parliament requesting that the Province consider its own financial contribution in support of Internet service provider applications under the Canadian Radio - Television Commission's Broadband Fund; and That a copy of Report #2019-P-3 and the attached Broadband Strategy be forwarded to the Area Municipalities, local Members of Parliament and local Members of Provincial Parliament, the federal Minister of Innovation, Science and Economic Development, and shared electronically with stakeholders that participated over the course of the project." Carried as Amended (See following motion) 13 Clariiw-n General Government Committee Minutes March 25, 2019 Resolution #GG -173-19 Moved by Councillor Neal, seconded by Councillor Zwart That the foregoing Resolution #GG -172-19 be amended by adding the following at the end: That Communication Item 9.1, be referred to the Clarington Board of Trade and Staff to advise whether there is anything further to consider in light of the recent Federal announcement regarding broadband. Carried The foregoing Resolution #GG -172-19 was then put to a vote and carried as amended. 9.2 Town of Saugeen Shores, Regarding "Investing in Canada Infrastructure Program" to help address the Recreation and Culture Capital infrastructure deficit that currently exists across Canada Resolution #GG -174-19 Moved by Councillor Neal, seconded by Councillor Hooper That the following resolution of the Town of Saugeen Shores, regarding "Investing in Canada Infrastructure Program" to help address the Recreation and Culture Capital infrastructure deficit that currently exists across Canada, be endorsed by the Municipality of Clarington: Whereas The Town of Saugeen Shores believes that building modern infrastructure is important, and that good quality infrastructure supports job creation and helps attract businesses and residents to our community and communities across the Province of Ontario; and Whereas Recreation Infrastructure is one of the most important core investments that can be made into the prosperity, health, and security of urban and rural communities; and Whereas the need for infrastructure renewal projects far exceeds the capital available in municipalities for investment in Recreation Infrastructure; and Whereas Recreation Infrastructure is often put to the bottom of the list, as other infrastructure takes priority; in fact, there has not been a meaningful Recreation Infrastructure program since 2008; and Whereas the Province of Ontario places long term borrowing restrictions on Municipalities; and Whereas Saugeen Shores does not have the borrowing capacity to fund these large scale projects; and -9- 14 Clarington General Government Committee Minutes March 25, 2019 Whereas some Municipalities do have the capacity to fundraise and borrow to 1/3 of project costs but rely on other levels of Government for remaining partnership funding; and Whereas, while the Town of Saugeen Shores welcomes the inclusion of Recreation Infrastructure funds through the Gas Tax Fund, it is apparent that Gas Tax Funds alone are not sufficient to support large scale Recreation Infrastructure projects; and Whereas the Town of Saugeen Shores agrees with both Parks and Recreation Ontario and with the Association of Municipalities of Ontario that the infrastructure gap will continue to grow, especially once all of the municipal asset plans are completed; and Whereas both the Federal and Provincial Government could leave a positive and lasting impact on rural communities by helping municipalities to renovate or build new Recreation Facilities, and in the process create cost savings to our health system. After all, health is a Provincial expense, and as citizens live healthier lifestyles and maintain healthy bodies, this leads to less frequent visits to doctors' offices, hospital emergency departments and rehabilitation centres, and consequently less costs towards medical costs; and Whereas in 2016 the Federation of Canadian Municipalities study found that nearly half of all types of sport and recreation facilities in Canada are in fair or poor condition, with a replacement value of $23 billion across Canada; and Whereas in Ontario, the replacement value for aging pools, arenas and community centres in fair or poor condition in Ontario is estimated to be $6 billion (Parks and Recreation Ontario); and Whereas the Province of Ontario has endorsed the Framework for Recreation in Canada2015: Pathways to Wellbeing; and that the vision for the Framework is "a Canada where everyone is engaged in meaningful, accessible recreation experiences..." and that the first goal of the Framework is that governments should enable participation in physically active recreation; and Whereas the Framework for Recreation in Canada has as priority 4.3 as follows: "Enable communities to renew Recreational Infrastructure as required and to meet the need for green spaces by securing dedicated government funding at all levels for the necessary development, renewal and rehabilitation of facilities and outdoor spaces"; and Whereas through the Investing in Canada Plan, the Government of Canada is investing over $180 billion over 12years in Infrastructure projects across Canada with these investments being made by 14 Federal Departments and Agencies; and Clar-ington- General Government Committee Minutes March 25, 2019 Whereas the Governments of Canada and Ontario signed a bi-lateral agreement on March 14th, 2017 and created the "Investing in Canada Infrastructure Plan"; and be it Resolved that the Council of the Town of Saugeen Shores requests that the Government of Canada and the Province of Ontario move forward with accepting applications for funding agreed to by the Governments of Canada and Province of Ontario under the "Investing in Canada Infrastructure Program" to help address the Recreation and Culture Capital Infrastructure deficit that currently exists across Canada; and Further, that this resolution and background Council Report be forwarded to all Ontario Municipalities, Provincial and Federal Government's, local MP's and MPP's, Parks and Recreation Ontario, and the Association of Municipalities of Ontario, requesting their support. Carried 9.3 Linda Kent, Library Director, Clarington Public Library, Regarding Bowmanville Branch Accessibility Redesign Communication Item 9.3, Linda Kent, Library Director, Clarington Public Library, Regarding Bowmanville Branch Accessibility Redesign was considered earlier in the meeting during the delegation portion of the agenda. 9.4 Udana Muldoon, President, Clarington Ravens, Regarding Report OPD -003- 19, Sports Field User Guide and Fees Alter the Agenda Resolution #GG -175-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Communication Item 9.4, Udana Muldoon, President, Clarington Ravens, Regarding Report OPD -003-19, Sports Field User Guide and Fees, be referred to the consideration of Report OPD -003-19; and That the Agenda be altered to consider Report OPD -003-19, Sports Field User Fees and Guide, at this time. Carried -11- 16 Clarington General Government Committee Minutes March 25, 2019 12.1 OPD -003-19 Sports Field User Fees and Guide Resolution #GG -176-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report OPD -003-19 be referred to staff for consideration of residency requirements and report back to the Council meeting of April 8, 2019. Carried 10 Presentations No Presentations Councillor Anderson chaired this portion of the meeting. 11 Engineering Services Department 11.1 EGD -007-19 Hancock Neighbourhood Subdivision Phase 213, Courtice, Plan 40M-2496 'Certificate of Acceptance' and 'Assumption By -Law', Final Works Including Roads and Other Related Works Resolution #GG -177-19 Moved by Mayor Foster, seconded by Councillor Jones That Report EGD -007-19 be received; That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related works constructed within Plans 40M-2496 and 40R-27882; That Council approve the by-law attached to Report EGD -007-19 assuming certain streets within Plan 40M-2496 and adjacent Plan 40R-27882 as public highways; and That all interested parties listed in Report EGD -007-19 be advised of Council's decision. Carried 12 Operations Department 12.1 OPD -003-19 Sports Field User Fees and Guide Report OPD -003-19 Sports Field User Fees and Guide was considered earlier in the meeting during the communications for portion of the agenda. -12- 17 Clarington General Government Committee Minutes March 25, 2019 13 Emergency and Fire Services Department No Reports for this section of the Agenda. Mayor Foster chaired this portion of the meeting. 14 Community Services Department 14.1 CSD -002-19 2018 Year End Review Resolution #GG -178-19 Moved by Councillor Hooper, seconded by Councillor Jones That Report CSD -002-19 be received for information. Carried Later in the Meeting Suspend the Rules Resolution #GG -179-19 Moved by Councillor Neal, seconded by Councillor Zwart That the Rules of Procedure be suspended to allow the meeting to be extended for an additional five minutes. Carried The foregoing Resolution #GG -179-19 was then put to a vote and carried as amended. Recess The Committee recessed for their one hour scheduled break as per the Procedural By-law. The meeting reconvened at 1:00 PM with Mayor Foster in the Chair. 15 Municipal Clerk's Department No Reports for this section of the Agenda. -13- W Clarington 16 Corporate Services Department General Government Committee Minutes March 25, 2019 16.1 COD -004-19 Baseline Road Extension and Lambs Road Reconstruction Resolution #GG -180-19 Moved by Councillor Zwart, seconded by Councillor Neal That Report COD -004-19 be received; That Hard -Co Construction Ltd. with a total bid amount of $2,295,466.83 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2019-2 be awarded the contract for the Baseline Road extension and Lambs Road Reconstruction, as required by the Engineering Services Department; That the funds required for this project in the amount of $3,106,000.00 (Net HST Rebate) which includes the construction cost of $2,295,466.83 (Net HST Rebate) and other costs such as design, soil testing, utility relocation, inspection, contract administration, permit fees and contingency of $810,533.18 (Net HST Rebate) be funded by the Municipality as follows: Baseline Rd (2018 Budget) (Lambs to Bennett) 110-32-330-83314-7401 $2,116,000.00 Lambs Rd (2018 Budget) (Baseline to 275m north of Baseline) 110-32-330-84336-7401 $ 790,000.00 Baseline Rd and Lambs Rd Street Lighting (2019 Budget) 110-32-324-84336-7401 $ 200,000.00 That all interested parties listed in Report COD -004-19 and any delegations be advised of Council's decision by the Corporate Services Department. Carried 17 Finance Department 17.1 FND-007-19 Annual Commodity Hedging - 2018 Resolution #GG -181-19 Moved by Councillor Neal, seconded by Councillor Jones That Report FND-007-19 be received for information. Carried -14- 19 Clarington 18 Solicitor's Department No Reports for this section of the Agenda. 19 Chief Administrative Office 19.1 CAO -004-19 Regional Government Review Resolution #GG -182-19 General Government Committee Minutes March 25, 2019 Moved by Councillor Neal, seconded by Councillor Hooper That Report CAO -004-19 be received; and That Council advise staff of the following: • That Clarington does not favour amalgamation with other municipalities; • That Planning services should be at the lower tier; • That the Province should look at mandatory arbitration; and • Any changes to the composition to the Region of Durham Council be representation by population, to a large degree. Carried Alter the Agenda Resolution #GG -183-19 Moved by Councillor Hooper, seconded by Councillor Jones That the Agenda be altered to consider Report Addendum Report to FND-005-19, 2018 Council Remuneration, at this time. Carried 19.1 Addendum to FND-005-19 2018 Council Remuneration Resolution #GG -184-19 Moved by Councillor Hooper, seconded by Councillor Jones That Addendum to Report FND-005-19 be received for information. Carried -15- 20 Clarington General Government Committee Minutes March 25, 2019 20 New Business — Consideration Mayor Foster declared a direct interest in the New Business Item regarding Verdian Directors Meeting Fees. Mayor Foster left the room and refrained from discussion and voting on this matter. Councillor Neal chaired this portion of the Agenda. 20.1 Veridian Compensation Resolution #GG -185-19 Moved by Councillor Jones, seconded by Councillor Zwart That the portion of the Resolution #C-110-19 pertaining to the Veridian Board per diem rate be reconsidered. Motion Withdrawn Later in the Meeting as it was deemed to not be in order, as it is a reconsideration of a Council resolution. Alter the Agenda Resolution #GG -186-19 Moved by Councillor Jones, seconded by Councillor Zwart That the Agenda be altered to consider New Business Item 20.1, Verdian Compensation, at the end of the Agenda. Carried Mayor Foster returned to the meeting. 20.2 Benefit Coverage Costs Resolution #GG -187-19 Moved by Councillor Neal, seconded by Councillor Jones That Staff report back on the types of benefit coverage which is causing increases, and what measures can be taken to control the costs, with the Report to be put before the meeting of General Government Committee of May 6, 2019. Carried -16- 21 Clarington 20.3 Garbage Pickup in Clarington Resolution #GG -188-19 General Government Committee Minutes March 25, 2019 Moved by Councillor Neal, seconded by Councillor Zwart That staff report back on the feasibility of Clarington assuming control of garbage pickup in Clarington to the General Government Committee meeting of May 27, 2019. Carried 20.4 Clarington Public Library Appointment Councillor Neal did not introduce the New Business Item regarding the Clarington Public Library Appointment. 20.5 Flooding in Kendal Resolution #GG -189-19 Moved by Councillor Anderson, seconded by Councillor Hooper That staff be requested to investigate the matter of flooding in Kendal and report back with recommendations. Carried 21 Unfinished Business 21.1 Addendum to FND-005-19 2018 Council Remuneration Report FND-005-19, 2018 Council Remuneration was considered earlier in the meeting. 22 Confidential Reports There were no items considered under this section of the Agenda. Recess Resolution #GG -190-19 Moved by Councillor Neal, seconded by Councillor Jones That the Committee recess for 10 minutes. Carried -17- 22 Clariiw-n General Government Committee Minutes March 25, 2019 The meeting reconvened at 2:14 PM with Councillor Neal in the Chair. Mayor Foster declared a direct interest in the New Business Item regarding Veridian Directors Meeting Fees. Mayor Foster left the room and refrained from discussion and voting on this matter. 22.1 Veridian Compensation The foregoing Resolution #GG -186-19 was withdrawn as it was deemed to be out of order as it is a reconsideration of a Council resolution. Councillor Jones gave notice that she intends to introduce a Procedural Notice of Motion to reconsider a portion of Resolution #C-110-19 pertaining to the Elexicon Board on the per diem meeting fee for directors at a potential Special Council meeting on Friday, March 29, 2019. The Clerk noted that a Special Council meeting would need to be called in time to provide 24 hour notice as well as noting other procedural matters. 23 Adjournment Resolution #GG -191-19 Moved by Councillor Hooper, seconded by Councillor Jones That the meeting adjourn at 2:15 PM. Mayor Carried 23 Deputy Clerk Clarington Special General Government Committee Minutes March 29, 2019 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the General Government Committee held on Friday, March 29, 2019 at 9:00 AM at Garnet B. Rickard. Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill (arrived at 9:15 AM) and Councillor M. Zwart Staff Present: A. Allison, T. Cannella, J. Caruana, M. Seaman, A. Greentree, F. Horvath, M. Marano, R. Maciver, T. Pinn, G. Weir 1 Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2 Adopt the Agenda Resolution #GG -192-19 Moved by Councillor Hooper, seconded by Councillor Anderson That the Agenda for the Special General Government Committee meeting of March 29, 2019 be adopted as presented. Carried 3 Presentations 4 Declaration of Interest There were no declarations of interest stated at this meeting. 4.1 Peter Spratt, Facilitator, Baker Tilly, Regarding Facilitation of the Strategic Planning Workshop to establish a strategic planning framework, set priorities and goals, consider community input priorities, establish core values / guiding principles, and establish a vision and mission Andrew Allison introduced Peter Spratt, the consultant facilitating the workshop. Mr. Spratt welcomed those present. He advised today's activities are the starting point for moving the Municipality forward for this Term and possibly beyond. He reviewed the agenda and established discussion guidelines. -1- 24 Clariiw-n Special General Government Committee Minutes March 29, 2019 Strategic Planning Framework and Process Mr. Spratt provided an overview of the presentation and the importance of how the strategic plan will be used. The Facilitator explained that the strategic plan will provide a clear and consistent focus on a common set of organizational priorities, will serve as a touchstone for identifying and communicating what is important to Clarington, will facilitate increased collaboration throughout the organization, and guide decisions on the allocation of resources. Mr. Spratt reviewed the approach and timeline of the project of developing a strategic plan. It was launched on February 6t", followed by today's workshop. Two additional workshops are scheduled in April and May with no date yet for Council's consideration of the final plan. Consideration may be given to validating the plan with the public before Council's consideration for final approval. Community Input to Priorities Basia Radomski, Manager of Communications, provided an overview of the public engagement process. Mr. Spratt highlighted the results of the public survey which was conducted in January 2019. He explained that there were six priority themes identified through the survey response analysis. Clarington Identity / Core Values Through consensus, the Committee agreed to use the six priority themes as the basis for setting strategic priority themes. The group participated in a brainstorming exercise which resulted in the development of a number of key focus areas within each of the six strategic priority themes. Councillor Neal left the meeting at approximately 10:30 AM. The Committee continued to work through several activities lead by the facilitator, which assisted in narrowing the scope of the key areas of focus. Recess Resolution #GG -193-19 Moved by Councillor Zwart, seconded by Councillor Hooper That the Committee recess for 15 minutes. Carried The meeting reconvened at 11:01 AM with Mayor Foster in the Chair. -2- 25 Clariiw-n Special General Government Committee Minutes March 29, 2019 Vision and Mission Mr. Spratt led the group through a discussion on the municipality's vision, priorities and assisted members in determining the level of importance for each priority. Suspend the Rules Resolution #GG -194-19 Moved by Councillor Hooper, seconded by Councillor Jones That the Rules of Procedure be suspended to consider an alternate lunch break. Carried Recess Resolution #GG -195-19 Moved by Councillor Jones, seconded by Councillor Traill That the Committee recess for 30 minutes. Carried Councillor Traill left the meeting at 12:00 PM. The meeting reconvened at 12:30 PM with Mayor Foster in the Chair. Vision and Mission (Continued) The setting of the Vision did not reach consensus between the four remaining members of Council present in the meeting, it was determined that this discussion would be considered at a later point in the project process. Strategic Priorities and Goals The group brainstormed priorities based on the vision concepts contemplated earlier in the meeting. Councillor Neal returned to the meeting at 12:45 PM. Staff and Council worked on identifying a variety of priorities to be considered. Councillor Traill returned to the meeting at 2:00 PM. Members of Council narrowed the focus of key priorities. The group highlighted what they aspire to achieve over this term of Council. -3- w Clarington Special General Government Committee Minutes March 29, 2019 Recess Resolution #GG -196-19 Moved by Councillor Hooper, seconded by Councillor Anderson That the Committee recess for 15 minutes. Carried Councillor Traill left the meeting at 3:00 PM. The meeting reconvened at 3:30 PM with Mayor Foster in the Chair. Strategic Priorities and Goals (Continued) The workshop continued with Mr. Spratt clarifying the priority areas of focus. The following key priorities were identified: legacy projects, engaging the community, economic development, and sustainable infrastructure growth. The workshop concluded with Mr. Spratt summarizing the next steps in developing the 2019-2022 Strategic Business Plan for Clarington. Mr. Spratt will undertake to summarize the key objectives identified within each priority. Mr. Allison agreed to work with Mr. Spratt to compress the project timeline to better leverage the momentum. The outcomes of the exercises and discussions will be provided to staff who will report back on the feasibility of the key focus areas. 5 Adjournment Resolution #GG -197-19 Moved by Councillor Jones, seconded by Councillor Zwart That the meeting adjourn at 4:30 PM. Mayor Carried 27 Municipal Clerk Minister of Infrastructureb'. Ministre de i'Infrastructure and Communities et des Coilectivit6s Ottawa, Canada K 1 P 086 March 27, 2019 His Worship Adrian Foster Mayor Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Dear Mr. Mayor: I am pleased to inform you that, in accordance with the commitment in Budget 2019, the Government of Canada will provide an additional $2.2 billion to the Gas Tax Fund. This one-time top -up will provide additional support to municipalities that face infrastructure deficits to support improved productivity, economic growth, a clean environment, and help to build strong cities and communities. This special funding will be provided to Ontario recipients under the Canada—Ontario-- Association anadaOntario— Association of Municipalities of Ontario—Toronto Gas Tax Fund Administrative Agreement. An amount of $819,443,895 will be provided to Ontario as well as individual signatories, and will then be distributed to ultimate recipients in accordance with the allocation formula used for gas tax payments made in 2018, as follows: • Ontario: $819,443,895 o Association Municipalities of Ontario $649,940,923 o City of Toronto $167,421,424 o Province of Ontario $2,081,548 Funds must be used in accordance with all the terms of the current Gas Tax Fund Administrative Agreement. Information on Ontario's federal Gas Tax Fund allocations per community prior to Budget 2019 can be found on Infrastructure Canada's website'. The gas tax top -up funding is expected to be transferred following royal assent of Budget 2019. March 14, 2019 marked one year since the Canada—Ontario Integrated Bilateral Agreement was signed. ' Iiitps:,,-/www.canada.ca/en/office-iii fristrucftue/iiews/2018/back�lrouii(ler-oiittirios-2018-19-fedei-al- vas - tax -fu nd-al locations. html ...2 Canadra -2 - As I know you appreciate, under the Investing in Canada Infrastructure Program, proposed projects must first be prioritized by the province before they are submitted to Infrastructure Canada for consideration. As a reminder, through the Integrated Bilateral Agreement with Ontario, $11.9 billion is available to the province and is broken down as follows: - $8.3 billion for public transit; - $2.8 billion for green infrastructure; - $407 million for community, culture, and recreation infrastructure; and - $250 million for infrastructure in rural and northern communities. The one-time top -up to the Gas Tax Fund adds substantial dollars to this Agreement. More importantly, those dollars flow to you. We believe this is an important step to take to ensure your local priorities have the resources needed so projects can get moving and, crucially, the summer construction season is not missed. We all know how important that season is to make real progress on projects, not to mention job creation locally. In the meantime, we continue to press the Ontario government to open intakes for all four streams so as to maximize the number of projects we can build together for Ontarians in 2019 and the years ahead. We know you have proposals ready, and last week's announcement in Budget 2019 is a clear signal that we are there to support you. Spring is already (at last) in the air. It is time to get projects moving so we do not lose a historic opportunity to build our communities and create good -paying jobs now. I look forward to continuing to work with you on our shared infrastructure interests. Yours sincerely, The Honourable Frangois-Philippe Champagne, P.C., M.P. Minister of Infrastructure and Communities c.c. City Clerk and Council Enclosure — Gas Tax Fund fact sheet 29 The federal Gas Tax Fund (GTF) is a permanent source of annual funding to provinces and territories, who in turn flow this funding to their municipalities to support local infrastructure priorities. Every year, municipalities benefit from the support and flexibility of the federal Gas Tax Fund. They can pool, bank, and borrow against this funding, providing significant financial flexibility to plan infrastructure projects over the long term. Projects are chosen locally and prioritized according to the infrastructure needs of each community. Communities select how best to direct the funds and have the flexibility to make strategic investments across 18 different project categories. QUICK FACTS: • The federal Gas Tax Fund is allocated on a per -capita basis for provinces, and provides a base funding amount of 0.75 per cent of total annual funding for Prince Edward Island and each territory. • On reserve First Nations communities in provinces also received an allocation on a per capita basis. • The federal Gas Tax Fund has been indexed at two percent per year, meaning that it will continue to grow to provide additional support to municipalities. • To date, more than $23 billion has been invested in municipalities through the federal Gas Tax Fund. 30 Eligible projects include investments in infrastructure for construction, renewal or material enhancement in each of the following categories: f� 1. Local roads and bridges - roads, bridges and active transportation infrastructure (active transportation refers to investments that support active methods of travel. This can include: cycling lanes and paths, sidewalks, hiking and walking trails). 2. Highways - highway infrastructure. 3. Short -sea shipping - infrastructure related to the movement of cargo and passengers around the coast and on inland waterways. 4. Short -line rail - railway related infrastructure for carriage of passengers or freight. 5. Regional and local airports - airport -related infrastructure (excludes the National Airport System). 6. Broadband connectivity - infrastructure that provides internet access to residents, businesses, and/or institutions in Canadian communities. 7. Public transit - infrastructure that supports a shared passenger transport system which is available for public use. 8. Drinking water - infrastructure that supports drinking water conservation, collection, treatment and distribution systems. 9. Wastewater - infrastructure that supports wastewater and storm water collection, treatment and management systems. 10. Solid waste - infrastructure that supports solid waste management systems including the collection, diversion and disposal of recyclables, compostable materials and garbage. 11. Community energy systems - infrastructure that generates or increases the efficient usage of energy, including energy retrofits of municipal buildings. 12. Brownfield redevelopment - remediation or decontamination and redevelopment of a Brownfield site. 13. Sport infrastructure - amateur sport infrastructure (excludes facilities, including arenas, which would be used as the home of professional sports teams or major junior hockey teams; e.g. Junior A. 14. Recreational infrastructure - recreational facilities or networks. 15. Cultural infrastructure - infrastructure that supports arts, humanities and heritage. 16. Tourism infrastructure - infrastructure that attract travelers for recreation, leisure, business or other purposes. 17. Disaster mitigation - infrastructure that reduces or eliminates the long-term impacts and risks associated with natural disasters. 18. Capacity building - investments related to strengthening the ability of municipalities to develop long-term planning practices; e.g., including local asset management planning, public transit network planning, etc. Note: Investments in health infrastructure (hospitals, convalescent and senior centres) are not eligible. .1 WSP 100 Commerce Valley Drive West Thornhill, ON Canada BT OA1 t: 905-882-4211 1 f: 905-822-0055 www.wsp.com April 5, 2019 Mr. Robert Brezina Capital Works Engineer Engineering Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1 C 3A6 RE: Ontario Ministry of Transportation - Request for Noise By -Law Exemption for the Highway 401 Improvements from 0.5 km east of Bennett Road to 2.1 km west of Courtice Road — Contract 1 G.W.P. 2301-17-00 Dear Mr. Brezina, The Ontario Ministry of Transportation (MTO) retained WSP to undertake the Detail Design and Class Environmental Assessment (Class EA) Study for the Highway 401 westbound pavement rehabilitation (approximately 22 kilometres) and replacement of bridge structures in the Regional Municipality of Durham, City of Oshawa and Municipality of Clarington. Following study commencement, the Detail Design Study was divided into the following three construction contracts: Contract 1: Pavement rehabilitation of the Highway 401 westbound lanes from approximately 1.4 km east of Holt Road to 0.5 km east of Bennett Road (5.9 km). Contract 2: Pavement rehabilitation of the Highway 401 westbound lanes from 2.1 km west of Courtice Road to approximately 1.4 km east of Holt Road (6.8 km). Contract 3: Pavement rehabilitation of the Highway 401 westbound lanes, from 900 m west of Stevenson Road Interchange easterly to 2.1 km west of Courtice Road (8.9 km), and the replacement of the Simcoe Street and Albert Street bridge structures. The purpose of this letter is to request an exemption from the Municipality of Clarington's By-law No. 2007-071 for construction work proposed to take place as part of Contract 1 in 2019, as a noise curfew applies to any noise from any excavation or construction work whatsoever from 9:00 p.m. until 7:00 a.m. the following day (Monday through Saturday), 9:00 p.m. Saturday until 10:00 a.m. Sunday, and from 4:00 p.m. Sunday until 7:00 a.m. Monday. 32 The Detail Design for Contracts 2 and 3 is proceeding separately and is not part of this noise bylaw exemption request. The study limits for Contract 1 are shown in the attached key plan. The Detail Design for Contract 1 consists of the following work: Contract 1: Pavement Rehabilitation: o Highway 401 Westbound Lanes (5.9 km). o Highway 401 Westbound Interchange Ramps at Bowmanville Ave., Baseline Rd./Liberty St. o Entrance/ Exit Ramps to the bullnose, at the Truck Inspection Station (west of Bennett Rd.). Replacement of Traffic Count Stations impacted by the above noted pavement rehabilitation work. Non -Intrusive Traffic Systems (NITS) will be installed on Baseline Rd./Liberty St. Westbound Ramps and Bowmanville Ave. Westbound Ramps. For Highway 401 Westbound mainline, the in -pavement loops are to be reinstated. Rehabilitation of three Highway 401 crossing culverts: o Culverts (2) at Stations 20+145 (0.78m x 1.23m) and 22+611 (0.82m x 1.24m): ■ Replace 1.0m end sections with new cast -in-place concrete o Culvert at Station 22+247 (1.10m x 1.85m): ■ Replace 3.Om top slab section under Highway 401 median ■ Interior patch repairs Traffic signing and guiderail improvements. Placement of temporary concrete barriers on Bennett Rd., adjacent to the existing Bennett Rd. structure railing systems. The exemption would be required for night work for Contract 1 for the Highway 401 pavement rehabilitation work. The majority of the work will occur during nighttime hours, when Highway 401 traffic volumes are lower, to reduce the overall disruption to the travelling public and the duration of construction. The source of noise that could occur during nighttime hours will stem from: ► Rubber Tires ► Loaders Asphalt Paving Rollers Asphalt Paving Spreaders Pavement Milling (Grinders) Shuttle Buggy 33 In general, during the Highway 401 pavement rehabilitation, the existing number of lanes along Highway 401 will be maintained during peak hours, including three lanes in each direction throughout the project limits. An exemption to the noise bylaw will allow the MTO Contractor to work outside of the permitted noise hours to reduce the overall disruption to the travelling public and the duration of construction. In an effort to minimize the amount of disruption from night work, the contract documents contain provisions prohibiting excessive noise including, but not limited to the following: equipment will be maintained in an operating condition that prevents unnecessary noise; and (ii) idling of equipment will be restricted to the minimum necessary to complete the work. In addition, MTO/MECP construction noise protocol requires that the Contract Administrator monitor and investigate any complaints regarding construction noise. Construction timing is subject to the completion of the Detailed Design Study and funding commitments, however, Contract 1 is currently anticipated to be tendered in May 2019 and will be completed by the end of November 2019. Your thoughtful consideration of this noise bylaw exemption request is greatly appreciated. Yours truly, Gary Drennan Consultant Project Manager Transportation WSP Attach: Contract 1 Key Plan cc: Amit Sharma, MTO, Senior Project Engineer Katrina Lalor, MTO, Environmental Planner Greg Moore, WSP, Consultant Environmental Planner 34 Page 3 Contract 1 Key Plan 35 9� mum busig Now ME CONTRACT #1 LEGEND Study. -Westbound -Rehabilitation .. Scale 35 Subject: FW: Fitness Centre ---------- Original Messa e ---------- From: Shawn Reid To: adriankadrianfoster.ca Date: March 27, 2019 at 3:22 PM Subject: Fitness Centre Dear Mr. Foster, I would like to inquire if council would consider reviewing the need for a fitness centre in the town of Newcaslte . The ideal location would be at the Diane Hammer Recreational Centre in Newcastle. I feel a fitness centre would foster a sense of community which is key to one's social inclusion and wellbeing . The residents of Newcastle should not have to travel to the next town to engaged in their physical activity, we have the population and the space to implement a fitness facility. Sincerely, Shawn Reid 36 Clarftwn Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: EGD -010-19 Resolution: File Number: B.02.17.001 By-law Number: Report Subject: Brookhill West Subdivision Phase 1, Bowmanville, Plan 40M-2459 'Certificate of Acceptance' and 'Assumption By -Law", Final Works Includina Roads and Other Related Works Recommendations: 1. That Report EGD -010-19 be received; 2. That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related works constructed within Plan 40M-2459; 3. That Council approve the by-law attached to Report EGD -010-19 assuming certain streets within Plans 40M-2459, 40R-2237 and 40R-27112 as public highways; and 4. That all interested parties listed in Report EGD -010-19 be advised of Council's decision. 37 Municipality of Clarington Report EGD -010-19 Report Overview Page 2 This report concerns Brookhill Subdivision Phase 1. It requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume certain streets within Plans 40M-2459, 40R-22327 and 40R-27112 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement registered December 7, 2011 with West Diamond Properties Inc. to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-2459 (Attachment 1). The agreement required the developer to construct all roadworks, including hot -mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. 1.2 The Subdivision Agreement provides for: Initial Works 1.2.1 These works were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. Street Lighting System 1.2.2 These works were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. Stormwater Management System 1.2.3 These works have been completed, and will be issued a "Certificate of Completion' when the pond has been cleaned and inspected. Park Works 1.2.4 These works were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. Green Road Works 1.2.5 These works were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. Municipality of Clarington Page 3 Report EGD -010-19 Brookhill Tributary Realignment Works 1.2.6 These works were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. Prince William Boulevard Extension Works 1.2.7 The requirement for these works was replaced by the Brookhill Boulevard Extension Works. These works, which were administered under the Phase 2 (Plan 40M-2506) agreement, were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. Final Works 1.2.8 These works, which include all surface works such as curb, and gutter, sidewalk, hot - mix paving, boulevard works and street trees, were issued a `Certificate of Completion' dated November 1, 2017. This initiated a one (1) year maintenance period, which expired on November 1, 2018. The works were re -inspected at the time, and although the developer experienced delays in completing repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 2. Proposal 2.1 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. 2.2 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plans 40M-2459, 40R-22327 and 40R-27112 as public highways (Attachment 2). 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that the Director of Engineering Services be authorized to issue a "Certificate of Acceptance' for the Final Works, which includes final stage roads and other related works constructed within Plan 40M-2459, and that Council approve the by-law attached to Report EGD -010-19 assuming certain streets within Plans 40M-2459, 40R-22327 and 40R-27112 as public highways. 39 Municipality of Clarington Resort EGD -010-19 5. Strategic Plan Application Not applicable. Submitted by: Anthony Cannella, Director of Engineering Services Page 4 Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Tony Ricciardi, Manager of Construction, 905-623-3379, Ext. 2322 or tricciardi@clarington.net ASC/mb/kb Attachments: Attachment 1 - Key Map Attachment 2 - By-law to Report EGD -010-19 The following is a list of the interested parties to be notified of Council's decision: Richard Tyler, West Diamond Properties Inc. HE Brookhill Subdivision - Phase 1 Plan 40M-2459 W wLU C/) m W m H O w W Q } < m z Y p O Of w Q Q IL U � -• II- MOM milli . �111111111 , �1111� BOWMANVILLE ai Q m c R E 3 0 m Stevens Rd. o: L ti 0 0 ry z W gR�� BOULEVARD � o Parts 6&8on Plan 40R-27112 O Part 16 on Z Plan 40R-22327 Z a a J U KEY MAP STEVENS ROAD N W _• •_ E S DRAWN BY: E.L. DATE: March 20, 2019 REPORT EGD -010-19 ATTACHMENT No. 1 FILE NAME: 40M-2459.mxd J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2459.mxd Municipality of Clarington Attachment 2 to Report EGD -010-19 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2019 - Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets and lanes within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them. The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the blocks shown on Plan 40M-2459, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by The Corporation of the Municipality of Clarington as public highways: Block 144 (0.3 metre reserve) Block 146 (0.3 metre reserve) Block 147 (0.3 metre reserve) Block 150 (0.3 metre reserve) 2. THAT the streets, lanes and blocks shown on Plan 40M-2459, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Brookhill Boulevard Boswell Drive Murray Tabb Street Harvey Jones Avenue Meachin Gate Ted Miller Crescent Hovey lane Hicks Lane Daigle Lane Block 138 (Street Widening) Block 144 (0.3 metre reserve) Block 146 (0.3 metre reserve) Block 147 (0.3 metre reserve) Block 150 (0.3 metre reserve) 42 Municipality of Clarington Attachment 2 to EGD -010-19 3. THAT the following lands are hereby established as public highway, assumed by the Corporation for public use, and assigned the names set out below: Land established as Public Hiahwa Part of lots 15 and 16, Concession 2 Designated as Part 8 on Plan 40R-27112 Part of lots 15 and 16, Concession 2 Designated as Part 6 on Plan 40R-27112 Part of lot 16, Concession 2 Designated as Part 16 on Plan 40R-22327 BY-LAW passed in open session this th day of 43 Green Road Brookhill Boulevard Clarington Boulevard Adrian Foster, Mayor 2019. C. Anne Greentree, Municipal Clerk Clarftwn Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: EGD -011-19 Resolution: File Number: B.02.17.002 By-law Number: Report Subject: Brookhill West Subdivision Phase 2, Bowmanville, Plan 40M-2506 'Certificate of Acceptance' and 'Assumption By -Law', Final Works Includina Roads and other Related Works Recommendations: 1. That Report EGD -011-19 be received; 2. That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related works constructed within Plan 40M-2506; 3. That Council approve the by-law attached to Report EGD -011-19 assuming certain streets within Plan 40M-2506 as public highways; and 4. That all interested parties listed in Report EGD -011-19 be advised of Council's decision. Municipality of Clarington Report EGD -011-19 Report Overview Page 2 This report concerns Brookhill Subdivision Phase 2. It requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume certain streets within Plan 40M-2506 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement registered November 21, 2013 with West Diamond Properties Inc. and Players Business Park Ltd. to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40M-2506 (Attachment 1). The agreement required the developer to construct all roadworks, including hot -mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. 1.2 The Subdivision Agreement provides for: Initial Works 1.2.1. These works were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. Street Lighting System 1.2.2 These works were issued a "Certificate of Completion' and subsequent `Certificate of Acceptance' by the Director of Engineering Services. Stormwater Management System 1.2.3 Not applicable to this phase. Final Works 1.2.4 These works, which include all surface works such as curb and gutter, sidewalk, hot -mix paving, boulevard works and street trees, were issued a `Certificate of Completion' dated November 1, 2017. This initiated a one (1) year maintenance period, which expired on November 1, 2018. The works were re -inspected at the time, and although the developer experienced delays in completing repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 45 Municipality of Clarington Resort EGD -011-19 2. Proposal Page 3 2.1 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. 2.2 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plan 40M-2506 as public highways (Attachment 2). 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related works constructed within Plan 40M-2506, and that Council approve the by-law attached to Report EGD -011-19 assuming certain streets within Plan 40M-2506 as public highways. 5. Strategic Plan Application Not applicable. Submitted by: Anthony Cannella, Director of Engineering Services Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Tony Ricciardi, Manager of Construction, 905-623-3379, Ext. 2322 or tricciardi@clarington.net ASC/tr/mb/kb Attachments: Attachment 1 - Key Map Attachment 2 - By-law to Report EGD -011-19 The following is a list of the interested parties to be notified of Council's decision: Richard Tyler, West Diamond Properties Inc . o J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2506.mxd oZ Z W W U 0: J > W LU U U) Q OM LU N ¢ ¢ K /� K I V C U) <p V ti a� ROSS WRIGHT AVENUE Y Brookhill Subdivision LUW W W w Phase 2 y y m SUMERSFORD DRIVE Plan 40M-2506 °m° � a w v w W SUMERSFORD DRIVE yAR��yJO SAI�FN UE QUICK TRAIL cRFSCFNT PLP mOy� P uROy BOWMANVILLE N •_ Q E � S h►wy L DRAWN BY: — o E.L. m 3 DATE: m Stevens Rd. March 20, 2019 REPORT EGD -011-19 ATTACHMENT No. 1 FILE NAME: L 4 KEY MAP 40M-2506.mxd J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2506.mxd Municipality of Clarington Attachment 2 to EGD -011-19 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2019 - Being a By-law to assume certain streets and lanes within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the streets, lanes and block shown on Plan 40M-2506, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Marsden Way Murray Tabb Street Procknow Street Ross Wright Avenue Carl Raby Street Sumersford Drive Forsey Lane Gough Lane Block 126 (Street Widening) BY-LAW passed in open session this th day of Adrian Foster, Mayor 2019. C. Anne Greentree, Municipal Clerk Clarington Operations Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: OPD -004-19 Resolution: File Number: By-law Number: Report Subject: 2018 Winter Budget Report Recommendations: That Report OPD -004-19 be received for information. Municipality of Clarington OPD -004-19 Report Overview Paae 2 Further to our 2018 Winter Budget Report #OPD -007-18, submitted June18th, 2018, staff is providing a final update to the results and the costs of the 2018 winter maintenance program. 1. Background Winter Maintenance: 1.1 The Municipality of Clarington delivers winter control services across a road system of 1,783 lane kilometres. The Operations Department winter response capacity features thirty-four (34) units on assigned routes and up to fourteen (14) ancillary pieces of equipment depending on our winter response. Our response is composed of a mix of vehicles from the Orono, Hampton, and Yard 42 depots to clear roads in accordance with the Ontario Minimum Maintenance Standards. 1.2 In 2018, the Operations Department had seventy-three (73) responses including twenty- eight (28) full callouts, forty-one (41) events and four (4) for snow removal. Of these seventy-three (73) responses, fifty-one (51) were for snow accumulation, five (5) were for drifting snow, thirteen (13) were for ice conditions and four (4) for snow removal. Winter Call Out Statistics: Staff Call outs: Year Jan Feb Mar Apr Oct Nov Dec Total 2014 26 20 9 1 0 5 8 69 2015 17 19 8 1 0 1 5 51 2016 15 18 4 6 0 6 17 Pr 66 2017 14 10 10 1 0 4 16 55 2018 28 14 3 7 2 11 8 73 1.3 The Operations Department continues to closely monitor weather forecasts including the Meteo Group Weather Services Canada Precipitation Forecast for Clarington which accurately predicts each hour anticipated precipitation, air, dew point temperature (the 50 Municipality of Clarington OPD -004-19 Paae 3 moment fog occurs) and wind speed / gusts, and respond accordingly. The weather monitoring is part of the compliance with minimum maintenance standards. General conditions encountered are lake effect flurries, drifting snow on rural roads, freezing rain, icy / flash freeze conditions, or snow accumulations that require maintenance. Winter Patrol 1.4 Winter Patrol is a critical winter control function. It provides us the assurance that the road system is observed on a continual basis during the winter season so that any potentially hazardous conditions encountered can be addressed. Road patrol is also backed up by an On Call Lead Hand available to visit the areas of concern if necessary and to make judgment calls as appropriate and an Operations Supervisor is also on call to assist with winter maintenance. The ability to schedule staff for evening and overnight winter response has improved efficiencies in the off hours. 1.5 As of December 31, 2018 the following table illustrates the expenditures incurred. Winter Control 2018 Budget 2018 Actual Variance Revenue (100,000) (77,428) (22,572) Winter Plow/Sand 1,745,499 2,354,017 (608,518) Winter Mtce Other 414,123 567,219 (153,096) TOTAL: 2,059,622 2,843,808 (784,186) 1.6 The 2018 winter maintenance budget from January 1 st to December 31 st actual expenditure of $2,843,808 includes the sand/salt inventory at year end for a value of $330,859. Included in the above total is the 2018 revenue recovered for providing winter maintenance to un -assumed developments, which is recovered from developers. Senior Citizens and Physically Disabled Sidewalk Program: 1.7 Participation in the Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program season's total of 297 residents on the program remained the same as the 2017/18 season. The driveway windrow snow clearing service is not undertaken until the snow plowing on all municipal streets has been completed. 51 Municipality of Clarington OPD -004-19 Program Statistics: Area 2018-2019 Season 2017-2018 Season Mar New RetuMja2 Total New Returning Total Bowmanville 25 112 137 19 111 130 Burketon 0 0 0 0 0 0 Courtice 19 81 100 12 96 108 Enniskillen 0 2 2 0 2 2 Hampton 1 4 5 1 3 4 Newcastle 7 37 44 3 41 44 Newtonville 1 3 4 0 3 3 Orono 0 5 5 11 5 6 Totals 53 244 297 361 261 297 Contractor responses' Year Jan Feb Mar Apr Nov Dec Total 2014 12 10 2 0 2 3 29 2015 9 13 3 0 0 2 27 2016 1 9 9 3 3 0 9 33 2017 6 6 1 0 10 9 32 2018 9 8 1 2 1 2 23 Paae 4 The budget for this program in 2018 was $80,000.00 with an actual expenditure of $148,315. There is an annual administration fee of $75.00 plus HST per registered property for the 2018-2019 winter season. Senior Contract 2018 Budget 2018 Actual Variance Revenue (19,500) (19,420) (80) Senior Snow Clearing 80,000 148,315 (68,315) TOTAL: 60,500 128,895 (68,395) 52 Municipality of Clarington OPD -004-19 Page 5 Sidewalk Snow Clearing Program 1.8 The total budget for municipal sidewalk snow clearing program in 2018 was $175,000 with an actual expenditure of $119,193. The snow clearing service on municipal sidewalks starts when a snowfall ends and only when there is five (5) centimetres of snow on sidewalks. Below is a table of call -out statistics for this program from 2014 to 2018: Year Jan Feb Mar Apr Nov Dec Total 2014 22 17 7 0 3 4 53 2015 14 17 4 0 0 2 37 2016 4 4 2 0 3 16 29 2017 14 12 7 0 1 14 48 2018 14 8 1 3 4 5 35 2. Concurrence This report has been reviewed by Trevor Pinn, Director of Finance. 3. Conclusion Clarington provides winter maintenance over a large scope of roads; 1,910.3 lane kilometers. Staff will continue to respond effectively and efficiently based on the winter occurrence. Submitted by: Frederick J. Horvath, Director of Operations Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Frederick Horvath, 905-263-2291 ext.523, or fhorvath(D_clarington.net 53 Clarington Operations Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: OPD -005-19 Resolution: File Number: By-law Number: Report Subject: Orono Cemetery Board Recommendations: 1. That Report OPD -005-19 be received; 2. A) That the Municipality dissolve the Orono Cemetery Board and assume all responsibility related to the Orono Cemetery Board located at 5875 Main Street, Orono, Ontario LOB 1 MO; and B) That Mayor and Clerk be authorized to execute on behalf of the Municipality all documents necessary to give effect to the above recommendation; or 2. That the Orono Cemetery Board continue to assume all responsibility relating to the operation and maintenance of the Orono Cemetery Company and that the trust funds remain to be held by the Municipality of Clarington; and 3. That the Ministry of Consumer Services and Orono Cemetery Board be advised of Council's decision. 54 Municipality of Clarington OPD -005-19 Report Overview Paae 2 The Municipality has received written notification following the Orono Cemetery Board meeting on October 3, 2018 that they request the transfer of the operation and maintenance of the Orono Cemetery Company to the Municipality. 1. Background 1.1 The Orono Cemetery has been active since 1879 when a number of leading citizens of Orono and vicinity met to consider the question of organizing a suitable cemetery or burial of the dead of the community. 1.2 A field covering 4.2 hectares was purchased initially and then an additional .6 hectares was added in 1928. 1.3 In 1952, Dr. R. S. Lang of Chicago, a former resident of the community, erected and equipped a very beautiful chapel in the Cemetery as a monument to his family. 1.4 A Board comprising of burial right holders has been in place since 1920. The Board has served the cemetery quite well until recently when the Board met and passed a resolution dated October 15, 2018 that due to increasing costs and lack of volunteers and increasing responsibilities under provincial legislation, the operation and maintenance of the cemetery be transferred to the Municipality. 1.5 The Orono Cemetery is registered as an independent operation under the Funeral, Burial and Cremation Services Act. 1.6 On December 17th, 2018, Council requested staff to advertise for interested parties to serve on the Orono Cemetery Board. 1.7 Four community residents submitted their letters of interest with another resident also indicating that she would be interested in sitting on the Board. None of the residents are burial right holder's owners which under their current rules does not allow them to be part of the Board of Trustees. 2. Bereavement Authority Ontario 2.1 The Bereavement Authority of Ontario administers provisions of the Funeral, Burial and Cremation Services Act, which is consumer protection legislation respecting funerals, burials, cremations and related services with the province of Ontario. 55 Municipality of Clarington OPD -005-19 Paae 3 2.2 The responsibilities under Funeral, Burial and Cremation Services Act include but not limited to schedule contracted maintenance of the cemetery grounds; contracted obligations in compliance with the Act; and detailed record keeping. 3. Orono Cemetery 3.1 Staff from Clerks, Finance, Legal and Operations have met with representatives of the Cemetery Board and have reviewed all related documentation in the event the Municipality assumes responsibility for the operation of the cemetery. 3.2 Finance has been the caretaker for the Cemetery Trust Funds since 2005. 3.3 If Council approves the transfer of cemetery maintenance and administrations, staff will add Orono Cemetery into our Cemetery Bylaw including rates and fees at a later meeting before summer recess, and notify the respective parties including lot owners. It is worth noting that the current fees and rates as set out by the Orono Cemetery Board are very similar to the current fees and rates for the Municipal active cemeteries and therefore there should be very little impact. 3.4 Staff will enter into an appropriate arrangement with the existing maintenance contract worker(s) to continue until the end of 2019 and ongoing costs for maintenance and operation will be included in the 2020 budget. 3.5 If Council wishes not to accept the responsibility of maintenance and operation at this time, staff will reach out to the community again and either revise current rules to allow interested community members other than burial right holders to sit on the Board or continue to seek out burial rights holders. 3.6 Annual operating costs of the cemetery is estimated at $64,555 with revenues of $57,300 including the municipal grant of $10,200. 3.7 Regardless of which direction Council selects, Operations and Clerks will continue to review and provide information in order that the Orono Cemetery is in compliance with Provincial legislation. 4. Concurrence This report has been reviewed by the Clerk, Director of Finance and Solicitor who concur with the recommendations. 56 Municipality of Clarington OPD -005-19 Page 4 5. Conclusion Once direction is provided, staff will notify all the parties and take appropriate action to not inconvenience any burial, cremation or cemetery services offered in the interim. Submitted by: Frederick J. Horvath Director of Operations Reviewed by: Z4�V-Z�/ Andrew C. Allison, B. Comma, LLB CAO Staff Contact: Fred Horvath, Director of Operations 905-623-3379 Ext. 2902 Attachment 1: Orono Cemetery Letter dated October 15, 2018 57 Municipality of Clarington ORONO CEMETERY COMPANY BOX 627 ORONO, ONTARIO LOB1MO DATE: October 151, 2018 SUBJECT: Orono Cemetery Company TO: Mayor of Clarington and Council Members Attachment 1 to OPD -005-19 Due to increasing maintenance costs, lack of volunteers and the increasing responsibility under the provincial legislation, the Board at their meeting of October 3rd, 2018 is requesting the transfer of the operation and maintenance of the Cemetery to the Municipality. We would be pleased to meet with staff to review and discuss at your convenience. Yours truly r Viola Vanderveen & Betty Lycett Secretary -Treasurer PP Clarftwn Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: CLD -011-19 Resolution: File Number: By-law Number: Report Subject: Appointments to Various Boards & Committees - 2019-2022 Recommendations: That Report CLD -011-19 be received; 2. That the Committee consider the applications for appointments to the various boards and committees, and that the vote be conducted to appoint the citizen representatives to the various boards and committees, in accordance with the Appointment to Boards and Committees Policy; 3. That the Municipal Clerk's Department be authorized to continue to advertise for the remaining vacancies on the Kawartha Conservation Authority, Newcastle Arena Board, and Newcastle Village Community Hall Board; and 4. That all interested parties listed in Report CLD -011-19 and any delegations be advised of Council's decision. 59 Municipality of Clarington Page 2 Report CLD -011-19 Report Overview This report is intended to provide background information, regarding vacancies on various boards and committees to assist in the appointment process. 1. Background 1.1 The Committee considered applications at the January 7, 2019 Joint Committees meeting and February 11, 2019 General Government Committee meeting. However, there were vacancies remaining. 1.2 At the Committee's direction, the Municipal Clerk's Department placed an advertisement in the local papers to fill the remaining vacancies. In addition, the advertisement was placed on the Municipality's Website www.clarington.net. 1.3 As per the "Appointment to Boards & Committees Policy", the applications have been forwarded to the appropriate staff liaison to complete a matrix for each board/committee for the citizen appointments. The matrix has been attached at the front of each of the applications for the respective boards and committees. 2. List of Applicants 2.1 The applications have been circulated confidentially under separate cover as they contain personal information. 3. Kawartha Conservation Authority Background 3.1 At the December 17, 2018 Council meeting, Council passed the following resolution: That Staff be directed to advertise for a citizen representative from the agricultural community to be appointed to the Kawartha Region Conservation Authority; and That Councillor Ron Hooper be appointed until a citizen representative successor is appointed. 3.2 Pursuant to the policy of the Regional Council, each area municipality nominates names for appointment, and the Regional Council makes the appointments. The Municipality of Clarington may appoint one individual to the Kawartha Region Conservation Authority. Municipality of Clarington Page 3 Report CLD -011-19 3.3 Please note that the Council of the Region of Durham adopted the following policy, on October 4, 2006, regarding appointments to conservation authorities: THAT only elected officials be appointed to Conservation Authorities and further, that only members of Regional Council be appointed unless the municipalities have insufficient Regional Council representation, they shall be permitted to appoint a local Councillor or appoint a citizen representative to the Conservation Authority. Current Situation 3.4 Currently, Councillor Hooper is appointed as the Council representative to the Kawartha Conservation Authority. 3.5 At the direction of Council, the Clerk's Department re -advertised for the citizen representative to the Kawartha Conservation Authority specifically looking for someone in the agricultural or planning community. 3.5 No applications were received in response to the advertisement. 4. Newcastle Arena Board 4.1 The Newcastle Arena Board is a volunteer Municipal Service Board established by the Municipality of Clarington Council in accordance with the provisions of the Municipal Act, 2001, as amended. 4.2 The goal of the Newcastle Arena Board is to operate the Newcastle Memorial Arena. Committee members are ultimately responsible to the Municipality of Clarington Council and are bound by By-law 2008-037, establishing the Newcastle Arena Board. 4.3 The Terms of Reference states that the composition of the Board shall be comprised of nine persons, two of whom shall be members of Council. Current Situation 4.4 Currently, the Board has six members appointed. Therefore, the Committee may appoint one remaining member to the Newcastle Arena Board. 4.5 No applications were received in response to the advertisement. 61 Municipality of Clarington Page 4 Resort CLD -011-19 5. Newcastle Village Community Hall Board Background 5.1 The purpose of the Board is to oversee and manage the operation of the Newcastle Village Community Hall. 5.2 The Board is comprised of five citizens, three appointed by Council and two Representatives elected by residents, and two Council Representatives. Current Situation 5.3 Currently, the Board has two members appointed and Council Representatives Councillor Anderson and Councillor Zwart. Therefore, the Committee may appoint one remaining member to the Newcastle Village Community Hall Board. 5.4 No applications were received in response to the advertisement. 6. Public Library Board Background 6.1 The Clarington Public Library Board is a volunteer Board established by the Municipality of Clarington Council by the passage of 2003-188 in accordance with the provisions of the Public Libraries Act, R.S.O. 1990 (the Act). 6.2 The Board establishes policies and appoints the Chief Executive Officer who may also be the secretary/treasurer of the board, and who administers the library under the guidance of those policies. 6.3 As per By-law 2003-188, the Board consists of seven community members and two Members of Council, Councillor Hooper and Councillor Neal. Current Situation 6.4 Laila Shafi was appointed to the Public Library Board January, 2019 for a term ending in in December 31, 2022 or until a successor is appointed. On March 15, 2019, the Municipal Clerk's Department received notification of her resignation. Following Council's appointments in January 2019, all unsuccessful candidates were advised that their applications would remain on file for consideration should a vacancy occur. 62 Municipality of Clarington Resort CLD -011-19 Page 5 6.5 Accordingly, the Municipal Clerk's Department contacted previous applicants to the Clarington Public Library Board to determine whether they wish to put forward their name for consideration. 6.6 The Committee may appoint one member to the Clarington Public Library Board. 6.7 The following individuals have put forward an application for consideration: • Nancy Brandon • Donald McKenzie • Marina Roass • Takura Tshaka • Jacob Vanderschee 7. Tourism Advisory Committee Background 7.1 The role of the Tourism Advisory Committee is to provide advice, comments and recommendations to Council on tourism services, activities and initiatives to promote the Municipality. The committee will represent a variety of Tourism stakeholders and will work with staff to further tourism -focused strategic goals and initiatives as set out by Council. 7.2 The committee is comprised of a total of nine voting members, one of whom will be a member of Council, a representative from Clarington Board of Trade (non-voting) and a staff liaison (non-voting). Councillor Hooper was appointed as the Council Representative at the Council meeting on February 25, 2019. Current Situation 7.3 Paulina Alamo and Douglas Morgan were appointed to the Tourism Advisory Committee in February, 2019 for a term ending in in December 31, 2022 or until a successor is appointed. On March 4 and March 11, 2019, the Municipal Clerk's Department received notification of their resignations. 7.4 The Committee may appoint two members to the Tourism Advisory Committee. 63 Municipality of Clarington Page 6 Report CLD -011-19 7.5 In response to the advertisement, the following individuals have put forward an application for consideration: • Kimberly DeMonte-Neziroski • Christine McSorley 8. Concurrence Not Applicable 9. Conclusion 9.1 It is recommended that the Committee consider the applications for appointments to the various boards and committees. 10. Strategic Plan Application Not applicable. Submitted by: O�A e- , reentree, B.A., CMO, Mbn'icipal Clerk Reviewed by: Z A Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Samantha Gray, Committee Coordinator, 905-623-3379 or sgray@clarington.net Attachments: Attachment 1 — Confidential Applications (Distributed Separately) The following is a list of the interested parties to be notified of Council's decision: All Applicants All Board/Committee Appointment Contacts Clarington Finance Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: FND-008-19 Resolution: File Number: By-law Number: Report Subject: 2018 Building Permit Fee Report Recommendations: 1. That Report FND-008-19 be received for information. 65 Attachment 1 to Report FND-008-19 Report Overview This report is prepared as required by the Building Code Act reporting requirements for Building Permit Fees. There is no current adjustment required to the building fees beyond the normal increase approved through By-law 2017-086. 1. Background 1.1 Under the Building Code Act, 1992 and the passing of subsequent amendments and Ontario Regulation 350/06, municipalities are required to prepare an annual report that records the amount of building permit fees collected and the costs incurred during the process. 1.2 In accordance with the Building Code Act, as amended, staff have prepared this report to Council with the required content on an informational basis and Attachment "A" will be posted on the Municipality's website. 1.3 In 2018, the new residential building permits issued increased over the prior year providing a total building permit revenue of $3,242,224 (2017 - $2,602,919) creating a surplus of $991,603 (2017 - $432,226) after reducing the total revenue by the direct and indirect expenses as outlined on Attachment 1. 1.4 As the building permit surplus funds are to be segregated from the general funds of the Municipality, the surplus of $991,603 was transferred to the Building Division reserve fund leaving the surplus/deficit for December 31, 2018 as nil. 1.5 For the 2018 year, the Engineering Department advised Council through the annual building permit activity report (EGD -004-19) that the building permits issued in 2018 were trending higher than 2017. 1.6 The total number of all types of building permits issued in 2018 was 1,349 compared to 1,185 in 2017 which translates into 13.8% increase in 2018. 1.7 The total number of new residential building permits issued in 2018 was 1,138 compared to 977 in 2016 which translates into 16.5% increase in 2018. 1.8 The below graph illustrates the number of permits for all types and new residential for the last 9 years. The 2011 figure is unusually high due to the effect of the building code change effective January 1, 2012. . • Municipality of Clarington Report FND-008-19 Page 3 Permits Issued Residential vs Non -Residential 1400 1200 1000 E a 800 0 600 E z 400 200 0 2010 2011 2012 2013 2014 2015 2016 2017 2018 ■ New Residential 593 863 536 439 657 933 995 973 809 ■ Non -Residential 449 325 520 520 519 263 187 207 211 Year 2. Concurrence This report has been reviewed by the Director of Engineering Services who concurs with the recommendations. 3. Conclusion 3.1 Attachment "1" is a summary of the 2018 building permit fees revenue and related expenditures with the expenses broken down into direct and indirect costs along with the balance of the building division reserve fund. 3.2 A Building Permit Fee Update Study was completed in September 2017 by Hemson Consulting Ltd. This was an update to the 2011 study also completed by Hemson. The reviews are completed every five (5) years to ensure that the building permit fees are in line with the cost of building inspections and that all appropriate direct and indirect costs are being allocated. 3.3 It is not necessary to adjust the building fees at this time. 67 Municipality of Clarington Report FND-008-19 Page 4 Submitted by. Reviewed by:Z,--7 Trevor Pinn, B.Com, CPA, CA, Andrew C. Allison, B. Comm, LL.B Director of Finance/Treasurer CAO Staff Contact: Paul Creamer, Deputy Treasurer, 905-623-3379 ext. 2604 or pereamer@clarington.net Attachment 1 — 2018 Annual Building Permit fee report There are no interested parties to be notified of Council's decision. Attachment 1 to Report FND-008-19 2018 Annual Building Permit Fee Report Revenues Total revenues are those recognized revenues from the issuance of building permits under By- law 2017-086. Expenses Direct Costs Direct costs include the costs of the Building Division of the Engineering Department for the processing of building permit applications, the review of building plans conducting inspections and building -related enforcement duties. Direct costs also include costs from the Engineering Department, Legal Services, Fire Services and Planning Services which can be directly attributed to the building permit function. Indirect Costs Indirect costs include the costs for support and overhead services to the Building Division. Total Revenue 2018 Actual (Unaudited) $3,242,224 Total Direct Costs 1,945,219 Total Indirect Costs 305,403 Transfer to Reserve Fund 991,603 Revenue (Under) / Over Expenditures $Nil Balance in Reserve Fund at December 31, 2018 $3,585,778 Clarington Finance Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: FND-009-19 Resolution: File Number: By-law Number: Report Subject: Elexicon Inter -creditor Agreement Recommendations: 1. That Report FND-009-19 be received; 2. That the By-law attached to Report FND-009-19 be approved; and 3. That all interested parties listed in Report FND-009-19 and any delegations be advised of Council's decision. 70 Municipality of Clarington Report FND-009-19 Report Overview Page 2 The Corporation of the Municipality of Clarington has been requested to enter into an inter - creditor agreement with the other municipal shareholders of Elexicon and TD Bank to provide updated credit facilities to the newly merged Elexicon Corporation and Elexicon Energy. This agreement is similar to the existing inter -creditor agreement which municipal shareholders of Veridian and TD Bank had entered into in 2009. 1. Background 1.1 On April 1, 2019, the merger of Whitby Hydro and Veridian was completed creating the new Elexicon Group. 1.2 As part of the financial transition process, Elexicon staff worked with TD Bank for updated credit facilities for Elexicon Corporation and Elexicon Energy. TD Bank is requiring an agreement among all creditors of the two companies known as an inter - creditor agreement. 1.3 An inter -creditor agreement was in place with the Veridian shareholders which subordinated the shareholder promissory notes to the debt of TD Bank. This was approved most recently in 2009. 1.4 It is my understanding that a similar agreement was in place for Whitby Hydro's debt, however this took the form of a General Security Agreement between The Town of Whitby and TD Bank. 1.5 With the new company being created, an amending agreement is required and will be signed by all five shareholders. Similar to the previous agreements, this agreement stipulates that the municipal shareholder debt is subordinate to the TD Bank debt. 1.6 The agreement does restrict the ability of the Municipality to accelerate the payment of any principal owing from Elexicon. Debt principal payments may not be accelerated without the permission of TD Bank. It is not anticipated that this will present issues for the Municipality. There are no current plans to call the existing promissory note for cash flow purposes. 2. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 71 Municipality of Clarington Resort FND-009-19 3. Conclusion Page 3 It is respectfully recommended that the attached By-law authorizing the Mayor and Clerk to sign the Amended and Restated Inter -creditor Agreement between The Toronto Dominion Bank, the Municipality of Clarington, the Town of Ajax, the City of Pickering, the City of Belleville, the Town of Whitby, Elexicon Corporation and Elexicon Energy Inc. be approved. 4. Strategic Plan Application Not applicable. Submitted by: Trevor Pinn, B.Com, CPA, CA, Director of Finance/Treasurer at4a____ Reviewed by: for Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Trevor Pinn, B.Com, CPA, CA, Director of Finance / Treasurer, 905-623-3379 ext.2602 or tpinn@clarington.net Attachments: Attachment 1 - By-law to authorize an Amended and Restated Inter -creditor Agreement with TD Bank, Elexicon Corporation, Elexicon Energy and Municipal Shareholders. Attachment 2 — Municipal shareholder memo List of interested parties to be notified of Council's decision is on file in the Finance Department. 72 Attachment 1 to Report FND-009-19 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2019 -XXX Being a by-law to authorize the execution of an Amended and Restated Inter -creditor Agreement between The Toronto Dominion Bank, the Municipality of Clarington, the Town of Ajax, the City of Pickering, the City of Belleville, the Town of Whitby, Elexicon Corporation and Elexicon Energy Inc. Whereas on April 29, 2019, Council approved a request from Elexicon to approve and execute an amended and restated inter -creditor Agreement between The Toronto Dominion Bank, the Municipality of Clarington, the Town of Ajax, the City of Pickering, the City of Belleville, the Town of Whitby, Elexicon Corporation and Elexicon Energy Inc. confirming that promissory notes held by the shareholders are subordinated to the bank loans advanced to Elexicon Now therefore the Council of the Municipality of Clarington enacts as follows: That the Mayor and Municipal Clerk are hereby authorized to execute an Amended and Restated Inter -creditor Agreement, substantially in the form attached as Schedule "A" to this By-law, between The Toronto Dominion Bank, the Municipality of Clarington, the Town of Ajax, the City of Pickering, the City of Belleville, the Town of Whitby, Elexicon Corporation and Elexicon Energy Inc. 2. That the Agreement attached hereto as Schedule "A" forms part of this By-law. Passed in Open Council this 29th day of April, 2019. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 73 Attachment 2 to Report FND-009-19 elexicon MEMORANDUM CORP To: Brian Cousins, Treasurer and Carol Hinze, Deputy Treasurer, City of Belleville Trevor Pinn, Treasurer, Municipality of Clarington Sheila Strain, Treasurer, Town of Ajax Stan Karwowski, Treasurer, City of Pickering Ken Nix, Treasurer, Town of Whitby From: Laurie McLorg, Senior Advisor and Ramona Abi-Rashed, Senior Advisor Elexicon Energy Inc. Date: April 9, 2019 Re: Inter -creditor Agreement between Elexicon Energy, Elexicon Corporation, the City of Belleville, the Municipality of Clarington, the Town of Ajax, the City of Belleville, the Town of Whitby and the Toronto -Dominion Bank Elexicon Energy Inc. and Elexicon Corporation are in the process of entering into new credit facility agreements with Toronto -Dominion (TD) Bank. The new credit facilities will incorporate features of the existing facilities of each of Veridian Connections Inc., Veridian Corporation and Whitby Hydro Electric Corporation and will also expand the borrowing capacity of Elexicon Energy to provide for capital investment funding requirements anticipated over the next 5 years. The high level financial plans for Elexicon Energy Inc. include ensuring maintaining debt to capitalization ratios on par with industry norms and within any requirements of shareholder agreements, while providing agreed upon levels of shareholder dividend and interest payments. This memorandum is a request to the Elexicon shareholders to execute an inter -creditor agreement (ICA). Promissory notes that are owed to the shareholders from Elexicon are subordinate to Elexicon obligations to any other financial institutions or lenders. The ICA provides a confirmation of this subordination to the bank and sets out how each of the creditors will service the borrower and how each of the debts of the borrower rank in relation to each other for payment. As creditors of Elexicon Corporation and Elexicon Energy, the municipal shareholders are required to be signatories to the ICA. The predecessor Veridian shareholders are signed parties to an existing ICA with the TD Bank, confirming that their promissory notes are subordinated to TD Bank loans and credit facilities. This existing ICA was executed in 2009 when Veridian first borrowed from TD Bank for its capital spending requirements. The Town of Whitby was not a signed party to an ICA with Whitby Hydro Electric Corporation and TD Bank as the TD Bank held a General Security Agreement (GSA), which had the same effect of confirming that their shareholder promissory notes were subordinated to the debt of TD Bank. 74 The new ICA is very similar to the existing Veridian ICA and has been thoroughly reviewed and accepted by Elexicon legal counsel. Elexicon respectfully requests Council to execute the inter -creditor agreement as appended. Laurie McLorg Ramona Abi-Rashed cc Paul Murphy, Board Chair — Elexicon Energy Inc. Norm Fraser — Interim CEO, Elexicon Energy Inc. Patrick McNeil — Board Chair — Elexicon Corporation 75 AMENDED AND RESTATED INTER -CREDITOR AGREEMENT BETWEEN: THIS AGREEMENT made as of the day of April, 2019. THE TORONTO -DOMINION BANK, a Canadian chartered bank (herein called the "Senior Creditor") - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, a municipal corporation existing under the laws of the Province of Ontario (herein called "Clarington") -and- THE CORPORATION OF THE TOWN OF AJAX, a municipal corporation existing under the laws of the Province of Ontario (herein called "Ajax") - and - THE CORPORATION OF THE CITY OF PICKERING, a municipal corporation existing under the laws of the Province of Ontario (herein called "Pickering") - and - THE CORPORATION OF THE CITY OF BELLEVILLE, a municipal corporation existing under the laws of the Province of Ontario (herein called `Belleville") - and - THE CORPORATION OF THE TOWN OF WHITBY, a municipal corporation existing under the laws of the Province of Ontario (herein called "Whitby") 286077.00073/103863988.4 76 Internal -2- - and - ELEXICON CORPORATION, a corporation amalgamated under the laws of the Province of Ontario (herein called "Parent Borrower") - and - ELEXICON ENERGY INC., a corporation amalgamated under the laws of the Province of Ontario (herein called "Regulated Borrower") WHEREAS the Obligors and certain of the Creditors are party to an inter - creditor agreement dated December 23, 2009 (as amended prior to the date hereof, the "Existing ICA"); AND WHEREAS the Obligors and the Creditors wish to amend and restate the Existing ICA on the terms and conditions set forth herein; NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants herein contained and other good and valuable consideration, given by each of the parties hereto (the receipt and sufficiency of which are hereby acknowledged by all of the parties hereto), the parties hereto hereby agree with each other as follows: ARTICLE 1 INTERPRETATION 1.1 Definitions. The following defined terms shall for all purposes of this agreement, or any amendment hereto, have the following respective meanings unless the context otherwise specifies or requires or unless otherwise defined herein: "Business Day" means any day other than a Saturday or Sunday on which banks are generally open for business in Toronto, Ontario. "Credit Agreements" means the Parent Borrower Credit Agreement and the Regulated Borrower Credit Agreement and "Credit Agreement" means either of them. "Creditors" means the Senior Creditor and the Subordinated Creditors and "Creditor" means any of the Creditors. "Default" means any of the events of default specified in any Loan Agreement entitling a Creditor to demand or accelerate payment of any Obligations. 286077.00073/103863988.4 77 Internal -3 - "Demand" means any notification by any of the Creditors to either Obligor of a demand for payment under any Loan Agreement. "Insolvency Legislation" means the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada), the Bankruptcy Code (United States) and any similar statute or law in any jurisdiction. "Loan Agreements" means the Senior Loan Agreements and the Subordinated Loan Agreements and "Loan Agreement" means any one of the Loan Agreements. "Obligations" means Senior Obligations and the Subordinated Obligations. "Obligors" means the Parent Borrower and the Regulated Borrower. "Parent Borrower Credit Agreement" means the credit agreement made as of April , 2019 between the Parent Borrower and the Senior Creditor, as the same may be amended, modified, supplemented or replaced from time to time. "Regulated Borrower Credit Agreement" means the credit agreement made as of April , 2019 between the Regulated Borrower and the Senior Creditor, as the same may be amended, modified, supplemented or replaced from time to time. "Senior Loan Agreements" means all documents, instruments and agreements evidencing the Senior Obligations, including, without limitation, the Credit Agreements. "Senior Obligations" means all indebtedness, obligations and liabilities, present or future, direct or indirect, absolute or contingent, matured or not, at any time owing by the Parent Borrower or Regulated Borrower to the Senior Creditor or remaining unpaid by the Parent Borrower or Regulated Borrower to the Senior Creditor under or in connection with the Senior Loan Agreements. "Subordinated Creditors" means Clarington, Ajax, Pickering, Whitby and Belleville. "Subordinated Loan Agreements" means any agreement entered into from time to time between either Obligor and any of the Subordinated Creditors evidencing any Subordinated Obligations, including, without limitation, the following: (a) the fifth amended and restated term promissory note in the principal amount of $5,966,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Clarington; (b) the fifth amended and restated term promissory note in the principal amount of $5,588,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Belleville; 286077.00073/103863988.4 78 Internal M (c) the fifth amended and restated term promissory note in the principal amount of $14,060,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Ajax; (d) the fifth amended and restated term promissory note in the principal amount of $17,974,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Pickering; (e) the seventh amended and restated term promissory note in the principal amount of $2,206,000 dated April 1, 2019 and made by the Parent Borrower in favour of Belleville; (f) the seventh amended and restated term promissory note in the principal amount of $5,550,000 dated April 1, 2019 and made by the Parent Borrower in favour of Ajax; (g) the seventh amended and restated term promissory note in the principal amount of $7,095,000 dated April 1, 2019 and made by the Parent Borrower in favour of Pickering; (h) the seventh amended and restated term promissory note in the principal amount of $2,355,000 dated April 1, 2019 and made by the Parent Borrower in favour of Clarington; (i) the first amended and restated term promissory note in the principal amount of $1,460,300 dated April 1, 2019 and made by the Regulated Borrower in favour of Whitby; (j) the first amended and restated term promissory note in the principal amount of $5,061,000 dated April 1, 2019 and made by the Regulated Borrower in favour of Whitby; (k) the first amended and restated term promissory note in the principal amount of $21,816,642 dated April 1, 2019 and made by the Regulated Borrower in favour of Whitby; (1) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Clarington in respect of the Subordinated Loan Agreement referred to in paragraph (a) of this definition; (m) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Belleville in respect of the Subordinated Loan Agreement referred to in paragraph (b) of this definition; (n) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Ajax in respect of the Subordinated Loan Agreement referred to in paragraph (c) of this definition; 286077.00073/103863988.4 79 Internal -5- (o) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Pickering in respect of the Subordinated Loan Agreement referred to in paragraph (d) of this definition; (p) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Whitby in respect of the Subordinated Loan Agreement referred to in paragraph (i) of this definition; (q) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Whitby in respect of the Subordinated Loan Agreement referred to in paragraph 0) of this definition; and (r) the guarantee dated April 1, 2019 made by Elexicon Corporation in favour of Whitby in respect of the Subordinated Loan Agreement referred to in paragraph (k) of this definition. "Subordinated Obligations" means all indebtedness, obligations and liabilities, present or future, direct or indirect, absolute or contingent, matured or not, at any time owing by either Obligor to any of the Subordinated Creditors or remaining unpaid by either Obligor to any of the Subordinated Creditors under or in connection with the Subordinated Loan Agreements. 1.2 Other Usages. References to "this agreement", "the agreement", "hereof, "herein", "hereto" and like references refer to this Inter -Creditor Agreement and not to any particular Article, Section or other subdivision of this Inter -Creditor Agreement. Any references to "this agreement", "the agreement", "hereof, "herein", "hereto' and like references refer to this Inter -Creditor Agreement as amended, supplemented or otherwise modified from time to time in accordance with the terms hereof. 1.3 Plural and Singular. Where the context so requires, words importing the singular number shall include the plural and vice versa. 1.4 Headings. The division of this agreement into Articles, Sections and the insertion of headings in this agreement are for convenience of reference only and shall not affect the construction or interpretation of this agreement. 1.5 Applicable Law. This agreement shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any legal action or proceeding with respect to this agreement may be brought in the courts of the Province of Ontario and, by execution and delivery of this agreement, the parties hereby accept for themselves and in respect of their property, generally and unconditionally, the non-exclusive 286077.00073/103863988.4 Q O Internal Q M jurisdiction of the aforesaid courts. Each party irrevocably consents to the service of process out of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party to the address prescribed by Section 6.11, such service to become effective five Business Days after such mailing. Nothing herein shall limit the right of any party to serve process in any manner permitted by law or to commence legal proceedings or otherwise proceed against any other party in any other jurisdiction. 1.6 Time of the Essence. Time shall in all respects be of the essence of this agreement. 1.7 Paramountcy. In the event of any conflict or inconsistency between the provisions of this agreement and the provisions of any other agreement (including, for certainty, the Subordinated Loan Agreements) which is referred to herein or delivered pursuant hereto, the provisions of this agreement shall prevail and be paramount. 1.8 No Rights Conferred on the Obligors. Nothing in this agreement shall be construed as conferring any rights upon the Obligors or any third party. The terms and conditions hereof are and shall be for the sole and exclusive benefit of the Creditors. ARTICLE 2 CONSENT 2.1 Consent of Creditors. Each Creditor consents to the incurring of the Obligations by the Obligors and waives any Default that the incurring of the Obligations may have constituted under the terms of the Loan Agreements. ARTICLE 3 PRIORITY OF OBLIGATIONS 3.1 Priority of Obligations. Except as otherwise expressly provided in Section 3.3, the Subordinated Obligations shall be and are hereby postponed and made subordinate in right of payment to the prior payment in full in cash of the Senior Obligations. 3.2 Prohibited Payments to Subordinated Creditors. Except as otherwise expressly provided in Section 3.3, the Obligors shall not make nor be entitled to make, and the Subordinated Creditors shall not accept and shall not be entitled to accept, any payment or prepayment of principal, interest or other amount under the 286077.00073/103863988.4 Q 1. Internal Q -7 - Subordinated Loan Agreements, whether in the form of cash, securities or otherwise and whether by way of payment, set off or otherwise. 3.3 Permitted Payments to the Subordinated Creditors. So long as no Bank Default Notice (as defined below) has been sent by the Senior Creditor and continues to be effective or no Default would result directly or indirectly from any payment described below, as between the parties hereto, the Obligors shall be permitted to pay the Subordinated Creditors and the Subordinated Creditors shall be permitted to receive, regularly scheduled payments on account of interest (but not principal) in accordance with the Subordinated Loan Agreements. If a Default occurs and a notice of such Default (a "Bank Default Notice") is sent by or on behalf of the Bank to the Obligors and the Subordinated Creditors, the payments otherwise permitted under this Section 3.3 shall not be permitted to be made or received from the date of the Bank Default Notice until such time as the Default which is the subject of such Bank Default Notice has been cured or waived. 3.4 Certain Covenants of Subordinated Creditors. The Subordinated Creditors shall not and shall not be entitled to without the Senior Creditor's prior written consent: (a) accelerate the time for payment of any of the Subordinated Obligations or otherwise enforce or take any action to enforce payment of all or any part of the Subordinated Obligations, whether by way of set off or otherwise, unless and until all indebtedness of the Obligors to the Senior Creditor under or in connection with the Credit Agreements has become immediately due and payable pursuant to the terms thereof; (b) petition either of the Obligors into bankruptcy or initiate any similar proceeding under any applicable Insolvency Legislation: (c) amend, alter or otherwise modify the Subordinated Loan Agreements in a manner that may reasonably be expected to adversely impact the Senior Creditor; or (d) hold or obtain any security from the Obligors or any person on their behalf, for payment or performance of the Subordinated Obligations. 3.5 Distributions. To the extent not otherwise permitted under the Credit Agreement, the Obligors shall not make nor be entitled to make, and the Subordinated Creditors shall not accept nor be entitled to accept the payment of any dividends or other distribution on or in respect of any shares in the capital of the Obligors. The Obligors shall not make nor be entitled to make, and the Subordinated Creditors shall not accept nor be entitled to accept the redemption, retraction, purchase, retirement or other acquisition, in whole or in part, of any shares in the capital of the Obligors or 286077.00073/103863988.4 Q 2 Internal Q any securities, instruments or contractual rights capable of being converted into, exchanged or exercised for shares in the capital of the Obligors, including, without limitation, options, warrants, conversion or exchange privileges and similar rights. Notwithstanding the foregoing, the Subordinated Creditors shall be entitled to convert their interest under the Subordinated Loan Agreements as provided for therein. 3.6 Effect of Non -Compliance. In the event any prepayments or other payments are made to or received by the Subordinated Creditors in contravention of this agreement, the Subordinated Creditors shall hold such prepayments or payments in trust for the Senior Creditor and shall not commingle such proceeds with any of their own funds and shall forthwith pay such prepayments or payments to the Senior Creditor to be applied by the Senior Creditor in reduction of the Senior Obligations. Any action taken or thing done by any Subordinated Creditors in contravention of this agreement shall be null and void and of no effect. ARTICLE 4 REMEDIES 4.1 Remedies. The Obligors and the Subordinated Creditors hereby agree that all covenants, provisions and restrictions contained herein are necessary and fundamental in order to establish the respective priorities of the Creditors in connection with the Obligations, and that a breach by any of the Obligors or the Subordinated Creditors of any such covenant, provision or restriction would result in damages to the Senior Creditor that could not adequately be compensated by monetary award. Accordingly, it is expressly agreed by the Obligors and the Subordinated Creditors that in addition to all other remedies available to it including, without limitation, any action for damages, the Senior Creditor shall be entitled to the immediate remedy of a restraining order, interim injunction, injunction or other form of injunctive or other relief as may be decreed or issued by any court of competent jurisdiction to restrain or enjoin the Obligors or the Subordinated Creditors from breaching any such covenant, provision or restriction. 4.2 Default Notice. Each Creditor agrees to give written notice to each other Creditor simultaneously with or immediately after the delivery to either of the Obligors of any written notice of a Demand or a Default. Failure of a Creditor to give notice as provided in this Section 4.2 shall not affect the priorities established or other agreements provided for herein, nor shall such Creditor be liable for failure to give any such notice nor shall any such failure in any way limit or derogate from the obligations of the other Creditors. 286077.00073/103863988.4 83 Internal ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF THE SUBORDINATED CREDITORS 5.1 Representations and Warranties of the Subordinated Creditors. Each of the Subordinated Creditors hereby represents and warrants to the Senior Creditor as follows and acknowledges and confirms that the Senior Creditor is relying upon such representations and warranties in extending credit to the Obligors under the applicable Senior Loan Agreements: (a) each Subordinated Creditor is a municipal corporation duly incorporated and organized and validly subsisting under the laws of its jurisdiction of incorporation. Each Subordinated Creditor has all requisite corporate capacity, power and authority to enter into, and carry out the transactions contemplated by, this agreement; (b) all necessary action, corporate or otherwise, has been taken to authorize the execution, delivery and performance of this agreement by each Subordinated Creditor and each Subordinated Creditor has duly executed and delivered this agreement, This agreement is a legal, valid and binding obligation of the Subordinated Creditor, enforceable against each Subordinated Creditor by the Senior Creditor in accordance with its terms. ARTICLE 6 MISCELLANEOUS 6.1 Consent of the Obligors. Each Obligor, by its execution hereof, hereby agrees to be bound by, and shall act in accordance with, the terms, provisions and intent of this agreement. 6.2 Information Exchange. Each Creditor agrees to disclose to each other Creditor upon reasonable request from time to time the aggregate amounts then owing by the Obligors to it and whether it has any actual knowledge of any Default. Each Obligor hereby consents to each Creditor providing the other Creditor with such information, financial or otherwise, regarding the Obligors and the Creditors' respective Obligations as may be deemed advisable by the Creditors from time to time. 6.3 Non -Impairment of the Senior Creditors' Rights. No right of the Senior Creditor to enforce its rights hereunder shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Obligors or by any act or failure to act by the Senior Creditor, or by any non-compliance by the Obligors or the Subordinated Creditors with the terms of this agreement, regardless of any knowledge thereof which the Senior Creditor may have or be otherwise charged with. Without the Subordinated 286077.00073/103863988.4 Q 4 Internal Q -10 - Creditors' consent, the Senior Creditor may extend, renew, modify, or increase the Senior Obligations or amend or waive the terms of the Senior Loan Agreements and otherwise deal freely with either Obligor, all without affecting the liabilities and obligations of the Obligors and the Subordinated Creditors hereunder and without causing or constituting a breach of or default under any of the Subordinated Obligations. Notwithstanding the foregoing, the Senior Creditor agrees to provide the Subordinated Creditors with prior written notice of any such extension, renewal, modification, amendment or increase in the Senior Obligations in accordance with the notice provisions contained in 6.11 hereof provided that the inadvertent failure to provide such notice shall not result in any liability of the Senior Creditor to the Subordinated Creditors. 6.4 Waivers and Amendments. No failure or delay by the Senior Creditor in exercising any right hereunder shall operate as a waiver of such right nor shall any single or partial exercise of any power or right preclude its further exercise or the exercise of any other power or right. Any term, covenant, condition or obligation of this agreement may only be amended with the written consent of all of the parties hereto or compliance therewith may only be waived (either generally or in a particular instance and either retroactively or prospectively) by the Senior Creditor in writing and in any such event the failure to observe, perform or discharge any such term, covenant, condition or obligation, so amended or waived (whether such amendment is executed or such consent or waiver is given before or after such failure), shall not be construed as a breach of such term, covenant, condition or obligation. 6.5 Liability of Subordinated Creditors. The Senior Creditor hereby acknowledges and agrees that, except as may be expressly provided for herein, the Subordinated Creditors are not and will not be liable in any way for payment or performance of the Senior Obligations. 6.6 Severability. Each provision of this agreement is intended to be severable and if any provision is illegal, invalid or unenforceable, such illegality, unenforceability or invalidity shall not affect the validity of this agreement or the remaining provisions. 6.7 Counterparts. This agreement may be executed in any number of counterparts, all of which shall be deemed to be an original and such counterparts taken together shall constitute one agreement, and any of the parties hereto may execute this agreement by signing any such counterpart. 6.8 Further Assurances. The parties hereto agree to execute and deliver such further and other documents and perform and cause to be performed such further and other acts and things as may be necessary or desirable in order to give full effect to this agreement and every part thereof. No party to this agreement shall take any action whereby the priorities and rankings set out in this agreement might be impaired or defeated. 286077.00073/103863988.4 Q 5 Internal Q -11- 6.9 Assignment. This agreement shall enure to the benefit of and shall be binding upon the respective successors (including, without limitation, any trustee in bankruptcy or liquidator) and permitted assigns of the parties hereto. The Subordinated Creditors shall not assign any of their rights and obligations hereunder or under the Subordinated Loan Agreements. The rights and the obligations of the Senior Creditor hereunder may be assigned by the Senior Creditor in whole or in part without the consent of the other parties hereto but only in connection with or as part of an assignment by the Senior Creditor of its rights under the Credit Agreement. 6.10 Entire Agreement. This agreement contains the entire understanding of the parties with respect to the priority of the Obligations and supersedes any prior agreements, undertakings, declarations, representations and understandings, both written and verbal, in respect of the priority of the Obligations. There are no restrictions, agreements, promises, warranties, covenants or undertakings relating to the priority of the Obligations other than those set forth in this agreement. 6.11 Notices. Except as otherwise provided herein, all notices and other communications provided for herein shall be in writing and shall be personally delivered to an officer or other responsible employee of the addressee or sent by telefacsimile, charges prepaid, at or to the applicable addresses or telefacsimile numbers, as the case may be, set out opposite the relevant party's name below or at or to such other address or addresses, telefacsimile number or numbers as any party hereto may from time to time designate to the other parties in such manner. Any communication which is personally delivered as aforesaid shall be deemed to have been validly and effectively given on the date of such delivery if such date is a Business Day and such delivery was made during normal business hours of the recipient; otherwise, it shall be deemed to have been validly and effectively given on the Business Day next following such date of delivery. Any communication which is transmitted by telefacsimile as aforesaid shall be deemed to have been validly and effectively given on the date of transmission if such date is a Business Day and such transmission was made during normal business hours of the recipient; otherwise, it shall be deemed to have been validly and effectively given on the Business Day next following such date of transmission. (a) In the case of the Senior Creditor: The Toronto -Dominion Bank South -East Commercial Banking Centre 2 King Street East Oshawa, Ontario L1H 7L3 Attention: Director, Corporate Banking Telefax: (905) 576-9147 286077.00073/103863988.4 Q 6 Internal Q -12- (b) In the case of the Obligors: Elexicon Corporation/Elexicon Energy Inc. 55 Taunton Road East Ajax, Ontario LIT 3V3 Attention: Vice -President, Corporate Affairs and Secretary Treasurer Telefax: (905) 619-0210 (c) In the case of Clarington: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Mayor Telefax: (905) 623-5717 (d) In the case of Ajax: The Corporation of the Town of Ajax 65 Harwood Avenue South Ajax, Ontario LIS 2H9 Attention: Mayor Telefax: (905) 683-1061 (e) In the case of Pickering: The Corporation of the City of Pickering 1 The Esplanade Pickering, Ontario L1V 3P4 Attention: Mayor Telefax: (905) 420-9695 (f) In the case of Whitby: Corporation of the Town of Whitby 575 Rossland Rd. E Whitby, ON LIN 2M8 (g) In the case of Belleville: The Corporation of the City of Belleville 169 Front Street Belleville, Ontario K8N 2Y8 286077.00073/103863988.4 Q 7 Internal Q -13 - Attention: Mayor Telefax: (613) 967-3209 6.12 Termination of Agreement. This agreement shall terminate and shall be of no further force or effect upon the earlier to occur of: (a) all Senior Obligations being repaid in full and all commitments of the Senior Creditor under the Senior Loan Documents having been terminated; and (b) the written agreement of the Senior Creditor to such effect. 286077.00073/103863988.4 Q Q Internal Q Q IN WITNESS WHEREOF the parties hereto have executed this agreement. THE TORONTO -DOMINION BANK L'In Name: Title: By: Name: Title: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Name: Title: By: Name: Title: THE CORPORATION OF THE TOWN OF AJAX By: Name: Title: By: Name: Title: 286077.00073/103863988.4 89 Internal THE CORPORATION OF THE CITY OF PICKERING By: Name: Title: By: Name: Title: THE CORPORATION OF THE CITY OF BELLEVILLE By: Name: Title: By: Name: Title: THE CORPORATION OF THE TOWN OF WHITBY By: Name: Title: By: Name: Title: 286077.00073/103863988.4 90 Internal ELEXICON CORPORATION By: Name: Title: By: Name: Title: ELEXICON ENERGY INC. By: Name: Title: By: Name: Title: 286077.00073/103863988.4 91 Internal Clarington Finance Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: FND-010-19 Resolution: File Number: By-law Number: Report Subject: Strategic Asset Management Policy Recommendations: That Report FND-010-19 be received; and 2. That the By-law attached to Report FND-010-19 be approved. 92 Municipality of Clarington Report FND-010-19 Report Overview Page 2 The Province of Ontario's recently adopted asset management plan regulations sets out four milestones for compliance. The first milestone is the adoption of a Strategic Asset Management Policy, the attached draft policy ensures that the Municipality will be in compliance and following best practices with regards to its asset management planning processes. 1. Background Legislative Requirements 1.1 Under Ontario Regulation 588/17 (Asset Management Planning for Municipal Infrastructure), Council is required to approve a Strategic Asset Management Policy ("the Policy") on or before July 1, 2019. 1.2 The Policy is required to be reviewed and, if necessary, updated at least every five years thereafter. 1.3 The adoption of the Policy is the first requirement in a staged process of compliance with O.Reg. 588/17. Strategic Asset Management Policy Phase 1 — Core Assets Current levels of service measured by standard metrics; Performance of each asset category, in accordance with performance measures (2 year history); For each asset category: summary of assets, replacement cost of the assets, average age of assets, condition of assets, description of approach to assessing condition; For each asset category: lifecycle activities to maintain current levels of service for 10 years Population and employment forecasts for the Municipality under the 2017 Growth Plan, for each of following 10 years the estimated costs related to lifecycle activities to maintain current service levels to accommodate arowth under the clan. Phase 2 — All Assets Phase 1 extended to all assets 93 July 1, 2019 July 1, 2021 July 1, 2023 Municipality of Clarington Resort FND-010-19 Phase 3 — All Assets The levels of service proposed for each of the 10 years following; Explanation of why the proposed levels of service are appropriate and how they will be achieved; Proposed performance of each asset category for 10 years determined in accordance with performance measurements; A lifecycle management and financial strategy that identifies the activities required to be undertaken, the annual costs over a 10 year period, annual funding available, how shortfalls will be addressed; Estimated capital expenditures and significant operating costs to achieve proposed service levels projected for growth. Update Phase 3 Page 3 July 1, 2624 Every 5 years 1.4 The approval and adoption of the Strategic Asset Management Policy is the first step towards compliance with the new legislation. 2. Policy Requirements Twelve Components Required By Regulation 2.1 The Municipality's goals, policies and plans that are supported by the asset management plan; 2.2 The process by which the asset management plan is to be considered in the development of the budget and any long-range financial plans that take into account municipal infrastructure assets; 2.3 The Municipality's approach to continuous improvement regarding asset management planning; 2.4 The principles to be followed in the asset management planning process. 2.5 The commitment to consider actions that might be required to address climate change impacts upon the Municipality's infrastructure; 2.6 Alignment of the asset management plan with financial plans related to the municipality's water and wastewater assets; Municipality of Clarington Page 4 Resort FND-010-19 2.7 Alignment of the asset management plan with the Province's land -use planning framework; 2.8 Explanation of the capitalization thresholds used to determine which assets are to be included in the asset management plan and how the thresholds compare to those in the Municipality's tangible capital asset policy; 2.9 The Municipality's commitment to coordinated planning on asset management for infrastructure that is jointly -owned (or inter -related) with other municipalities (e.g. the Region of Durham or Oshawa) 2.10 Identification of the persons involved with the asset management planning process at the Municipality, including the executive lead (the CAO); 2.11 Explanation of Council's involvement in asset management planning; and 2.12 The Municipality's commitment to provide opportunities for residents and other interested parties to provide input into the asset management planning process. 3. Clarington's Policy 3.1 The policy was created using information from the Municipal Finance Officers' Association of Ontario's Strategic Asset Management Policy Toolkit. This toolkit was funded in part by the Province of Ontario. 3.2 While the policy utilized the toolkit, it is very much a "Grown in Clarington" document which meets the needs of our community and our values as a Corporation. 3.3 Staff from Finance drafted the policy which was provided to an inter -departmental working group, the Asset Management Working Group, which had representatives from all departments. This group reviewed the policy and provided input into the final document. 3.4 A key theme throughout the policy is the relationship between asset management planning and other plans within the Municipality. The asset management plan must be consistent with the Development Charges Study, Strategic Plan, master plans, financial plans and capital budgets. It is not a stand-alone document and must inform and be informed by these other plans. 4. Concurrence Not Applicable 95 Municipality of Clarington Resort FND-010-19 5. Conclusion It is respectfully recommended that this policy be approved by Council. 6. Strategic Plan Application Not applicable. Submitted by. ` Trevor Pinn, B.Com, CPA, CA, Director of Finance/Treasurer Reviewed by: Andrew C CAO Page 5 Allison, B. Comm, LL.B Staff Contact: Erika Watson, Capital Asset Manager, 905-623-3379 ext. 2607 or ewatson@clarington.net Attachment: Attachment 1 — Strategic Asset Management Policy There are no interested parties to be notified of Council's decision. Corporate Policy clffftwn If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 POLICY TYPE: SUBSECTION: POLICY TITLE: POLICY #: POLICY APPROVED BY EFFECTIVE DATE: REVISED: Financial Strategic Asset Management Policy G15 Council APPLICABLE TO: All Employees 1. Purpose The Municipality of Clarington is required by O.Reg. 588/17: Asset Management Planning for Municipal Infrastructure Regulation under the Infrastructure for Jobs and Prosperity Act, 2015 to publish a Strategic Asset Management Policy. 2. Scope This policy applies to all assets owned by the Municipality of Clarington which are currently supporting provision of services. Assets which have been declared surplus and are actively being marketed are not included in the scope of this policy. 3. Objectives The Municipality of Clarington's decisions regarding assets will balance the use of limited resources with desired levels of service and they will be resilient to internal and external changes. Municipal government is the closest to its citizens and has the best opportunity to affect quality of life by delivering local programs and services. Strategic Asset Management as a budgetary tool and business model supports the ongoing stability of those services and helps address aforementioned challenges. Strategic Asset Management Policy 97 Page 1 of 9 Corporate Policy clffftwn If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 4. Strategic Alignment The Municipality of Clarington envisions building a sustainable, creative and caring community. This vision requires the alignment of many initiatives and it is crucial that all existing and planned asset decisions support the recommended levels of service and our long term vision for the community. These levels of service will be determined by comparing and developing performance measures adopted during the preparation of the Asset Management Plan. The Municipality will reference the metrics required for departments to measure service levels and support recommendations with financial sustainability. The Asset Management Plan should be a foundational document when considering asset decisions, desired levels of service and current and future budgets. Asset management planning cannot occur independent of other municipal plans and objectives. A holistic approach will be employed to develop a practical asset management plan that coordinates the responsibilities and ambitions of our community's municipal plans. Council and senior management will review this policy at least once per term and adopt an asset management planning approach that integrates: i. Municipal Budget ii. Corporate Strategic Plan iii. Official Plan and Secondary Plans iv. Development Charge Studies V. Climate Change Mitigation and Adaptation Plans vi. Master Plans 5. Guiding Principles The Infrastructure for Jobs and Prosperity Act, 2015 sets out principles to guide asset management planning for municipalities in Ontario. The Municipality of Clarington shall incorporate the following principles for asset management priority setting, planning and investment: Forward Looking: The Municipality shall take a long-term view while considering demographic and economic trends in the Region of Durham. Budgeting and Planning: The Municipality shall take into account any applicable budgets or fiscal plans, such as fiscal plans released under the Fiscal Strategic Asset Management Policy Page 2of9 Corporate Policy clffftwn If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 Transparency and Accountability Act, 2004 and Budgets adopted under Part VII of the Municipal Act, 2001. iii. Prioritizing: The Municipality shall clearly identify infrastructure priorities which will drive investment decisions. iv. Economic Development: The Municipality shall promote economic competitiveness, productivity, job creation and training opportunities. V. Transparency: The Municipality shall be evidence -based and transparent. Additionally, subject to any prohibition under an Act or otherwise by law on the collection, use, or disclosure of information, the Municipality shall: a. Make decisions with respect to infrastructure based on information that is publicly available or made available to the public, and b. Share information with implications on infrastructure and investment decisions with the Government and broader public sector entities. vi. Consistency: The Municipality shall ensure the continued provision of core public services. vii. Environmental Conscious: The Municipality shall minimize the impact of infrastructure on the environment by respecting and helping maintain ecological and biological diversity, by augmenting resilience to effects of climate change and by endeavoring to make use of acceptable recycled aggregates where feasible. viii. Health and Safety: The Municipality shall ensure that the health and safety of workers involved in the construction and maintenance of infrastructure assets is protected. ix. Innovation: The Municipality shall create opportunities to make use of innovative technologies, services and practices, particularly where doing so would utilize technology, techniques, and practices developed in Ontario. X. Integration: The Municipality shall where relevant and appropriate, be mindful and consider the principles and content of non-binding provincial or municipal plans and strategies established under an Act or otherwise, in planning and making decisions surrounding the infrastructure that supports them. A. Community Focused: The Municipality shall promote community benefits, being the supplementary social and economic benefits arising from an infrastructure project that are intended to improve the well-being of a community affected by the project, such as local job creation and training opportunities, improvement of public spaces within the community, and promoting accessibility for persons with disabilities. xii. Customer Focused: The Municipality will have clearly defined levels of service and apply asset management practices to maintain the confidence of customers in how municipal assets are managed. Strategic Asset Management Policy Page 3of9 Corporate Policy clffftwn If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 xiii. Service Focused: The Municipality will consider all the assets in a service context and take into account their interrelationships as opposed to optimizing individual assets in isolation. xiv. Risk Based: The Municipality will manage the asset risk associated with attaining the recommended levels of service by focusing resources, expenditures, and priorities based upon risk assessments and the corresponding cost/benefit, recognizing that public safety is the priority. xv. Value -based Affordable: The Municipality will choose practices, interventions and operations that aim at reducing the lifecycle cost of asset ownership, while satisfying recommended levels of service. Decisions are based on balancing service levels, risks, and costs. xvi. Sustainable Development: The Municipality shall ensure that the future development of Clarington is pursued in a manner that ensures that current needs can be met without compromising the ability of future generations to meet their own needs. 6. Capitalization Thresholds The Asset Management Policy applies to all municipal assets actively managed in their service delivery. Assets may also be subject to the capitalization thresholds set out in the Capitalization Policy and recorded in the Municipality's financial statements. The service provided by an individual or pooled asset will be the determining factor for inclusion in the asset management plan; this may also result in the asset not being recorded as an asset for financial reporting purposes. 7. Governance and Continuous Improvement The Municipality requires the commitment of key stakeholders for the organization to ensure that the policy creates appropriate practices in asset management planning that can be implemented, reviewed and adapted. Council are the stewards of all municipal assets and are responsible for their oversight on behalf of citizens. By resolution Council will approve an asset management plan and its updates every five years as well as support the ongoing efforts to continuously improve and implement this plan. Council commits to an annual review, prior to July 1 sc of progress regarding implementation, obstacles, consultation with department heads and strategies to address impediments. The strategic asset management policy will also be reviewed by staff annually to ensure consistency with other municipal strategic documents. Strategic Asset Management Policy 100 Page 4 of 9 Corporate Policy clffftwn If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 The CAO is ultimately responsible for asset management planning for the Municipality and will maintain compliance with the regulation. This role will be directly supported by the Treasurer who will be responsible for the strategic financial management of the asset management plan. Department Heads will support their services areas and update long and short term asset requirements in coordination with the annual budget process. Continuous improvement is the hallmark of asset management and the Municipality will employ a framework that will strategically focus on efficiencies and effectiveness. The CAO will endorse and Council shall approve by resolution the asset management plan and annual update reports on the following schedule: i. Asset Management Plan: Phase 1 (Core Assets) to be issued on or before July 1St2021 ii. Asset Management Plan: Phase 2 (All Assets) to be issued on or before July 1St 2023 iii. Asset Management Plan: Phase 3 (Levels of Service) to be issued on or before July 1St 2024 iv. Asset Management Plan: Annual Reviews to be issued on or before July 1St 2025 V. Subsequent asset management plans to be issued on a five year cycle commencing July 1St 2029 Strategic Asset Management Policy 101 Page 5of9 Corporate Policy ciff;WOOR If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 8. Budgeting The asset management plans and the progress made will be considered annually in the creation of the Municipality's capital budgets, operating budgets, and long-term financial plans. Plans will also be referenced by the service area's department head in their preparation of their budget submission to assist in identifying all potential revenues and costs including operating, maintenance, replacement, and decommission. Prospective earnings and expenses associated with future infrastructure and asset decisions will be evaluated on the validity and need of each new capital asset, including the impact on future operating costs and will incorporate new revenue tools and alternative funding strategies where possible. Finance will be involved in asset management planning to facilitate and bridge between the financial strategies developed in the asset management plan, the budget submissions of each service area, the budgeting process as a whole and the Municipality's strategic documents. Operating & Capital Budget Strategic Asset Management Policy Strategic Plan & Other Strategic Documents Asset Management Plan 102 Page 6 of 9 Corporate Policy clffftwn If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 9. Community Planning Best practice in asset management planning is ensuring alignment with the Municipality's Official Plan. Partnering these documents will determine how the community is projected to change and inform asset management decisions regarding levels of service, location and affordability in development and redevelopment areas. Clarington's Official Plan recognizes three key principles that provide direction in community planning; sustainable development, healthy communities and growth management. Sustainable Development Development in Clarington will be pursued in a manner that ensures current needs are met without compromising the ability of future generations to meet their needs. The Asset Management Plan will incorporate considerations regarding climate change and sustainable resource management in an effort to mitigate and adapt to our dynamic environment, protect the integrity and vitality of natural systems and processes, and support the transition to a clean energy economy. Healthy Communities Healthy communities will nurture the well-being of residents and endeavor to provide the highest quality of life. The Asset Management Plan will pursue excellence in urban design, public safety, economic vitality, diversity, accessibility and active lifestyles through the integration of land uses and the development of complete communities. Growth Management Growth management recognizes the importance of sustainable development and healthy communities and applies those principles to the land development process. The Asset Management Plan will forecast municipal expansion of assets for urban growth and encourage balanced growth and compact urban form to align with municipal financial resources. Growth management will extend assets in an orderly, cost-effective manner through an understanding of current and future needs. Strategic Asset Management Policy 103 Page 7of9 Corporate Policy clffftwn If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 10. Climate Change Municipalities play an essential role in developing climate change solutions locally and are often on the front lines of responding to climate change impacts. The Municipality has made great strides to protect the environment and develop sustainable communities addressing the complexity and realities of climate change with coordinated, cross -corporate action. A key element in advancing these efforts is the integration of climate change considerations into asset management planning. The Municipality commits to the development of local actions that will support the reduction of greenhouse gas emissions and the adaptation of buildings and infrastructure to be more resilient to the adverse impacts of climate change. In applying a climate change lens to asset management planning, integrating the levels of service and adhering to maintenance schedules the Municipality's disaster response plans and contingency funding will be enhanced, while addressing the capital infrastructure deficit. Efforts will be made to reduce the life cycle costs of new builds, with more importance being placed on methods to improve the energy efficiency and reduce the carbon footprint of our existing assets. The asset management plan will incorporate this sustainable approach to climate change mitigation and strengthening resilience. Understanding the potential risks that the Municipality could face in a changing climate is an important component of the Municipality's risk management approach and asset management planning. Balancing the potential cost of vulnerabilities, changing environmental conditions and asset planning will contribute to mitigating climate change risks and associated costs. 11. Risk Management The Municipality will work to develop risk management tools and frameworks that assist with key asset management risk decisions. Instruments that will enable the Municipality to evaluate risks and priorities consistently across the entire asset portfolio by establishing context, assess & control, apply treatments, monitor results and review assets and the potential risks. Climate change research and analysis will concentrate on land usage, clean and renewable energy, active transportation, energy use and building retrofits. This approach will balance life cycle costing as we adapt to climate change impacts on new and existing assets. Efforts will be made to reduce life cycle costs of new builds and Strategic Asset Management Policy 104 Page 8of9 Corporate Policy clffftwn If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 more importance will be placed on methods to improve the energy efficiency of our existing assets. 12. Stakeholder Engagement Creating the opportunity for residents, businesses, institutions and our neighbours to engage the Municipality in asset management decisions and the municipal services they need is invaluable. Stakeholders can help align corporate strategies with operations through insights for asset management coordination and planning when platforms are made readily available. The Municipality will foster informed dialogue with these parties and engage with them by: i. Providing information on our website for stakeholders served by the municipality on appropriate asset management planning; ii. Coordinating asset management planning with other departments and strategic documents; iii. Striving to develop a social media presence dedicated to updating stakeholders on upcoming asset management developments. iv. Holding, when appropriate, public meetings to receive concerns, questions and comments from stakeholders on specific asset management planning decisions. Strategic Asset Management Policy 105 Page 9of9 April 2019 Mayor Adrian Foster Councillor Zwart Councillor Traill Councillor Hooper Councillor Jones Regional Councillor Anderson Regional Councillor Neal Municipailty of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Re: Stationary Refreshment Vehicle Exemption Dear Mayor Foster, Local & Regional Councillors lq t��0-n." �-Il I am writing this letter to you ask for an exemption to bylaw 2.13 (1) The Municipal Clerk shall not issue a license unless the refreshment vehicle will be located in excess of 60 metre from any, a. Eating establishment; b. Playground equipment located in any park; and c. School property. This exemption would allow me to operate a stationary refreshment trailer that would only be serving scoopable hard ice cream within 60 metres of an eating establishment, that being The Old Newcastle House Taps & Grill, my own business. I have filled out all the required documentation and submitted them to the bylaw department on April 5, 2019. There is some urgency related to this request, as I would like to be up and running before the end of the summer. The proposed location of the stationary refreshment trailer is the southernmost point of the parking lot associated with 119 King Ave West. (map submitted) I have also attached a rendering of what the trailer may look like; there will be picnic tables, garbage receptacles and seasonal flowers to beautify the area. The Old Newcastle House Taps & Grill is celebrating its 10th anniversary this year! Over the past 10 years we have given back over $20,000 to local community groups and team/individual sponsorships, just recently we donated $2000 to the Durham Hospice — Clarington, and for the first time this year, we are proud to support Bowmanville's Rockin' Rotary Ribs & Brews Festival! If you require any further documentation, or have any questions, please feel free to reach out to me. Regards Kevin Adams The Old Newcastle House Taps & Grill Inc. ... .. ----- AT *„ 7$ f a. off. o IQARSAGE Lam" At AOMM TO HOUM �_ Y'2.di5 '� 7S i •.Sti"!1.C. 2.75 � � 1 1 y I � 'a�.• , ?,'•, fit= 1 , i SNC► ' CRAVLt t •''' '. o. O umm Wow e4 AREA (9.0m) WX _._._. ...... r LKS 3FATIM AREA (MO SSATM s e sa,e.aa eay i rs SMAE YAM 40 n / .E° Mp auLcm � i-. 183.7aP 1 I .ri FX RP FSK 95.35 O W ALICSVa Q / 1 BOARD FACE SEE k.0 L-1 FOR N.iAlL 4.40 4� 75.1 � 7 •214 MALL DAME xr- L-T cum FJ4 J�AC AROUND � v .03-bi1ETER e� TRAILER ' 8.5'X 24' �a k KP p� 1112 tt'4=IC111 ST1W MVA% 4lQ W K1Y N' 7:7 TEL (613j :'76-42+6 FAX (00) 70 -CW MG AV7EN STM LEAD —LKXN= SEA754 EXW CS 'W' ggM 04.72 72" 'z..0-r 20.12m(SG.01 ex AkxMMA�v SECM A n=. TAEtES e a rA7 3.1 ((3.7��17.��1 733 ra 1 �ClST. AM >d W 2 a EXtS7:N0 •.� I < a STOREY STUCCO BUL WO1 ; WONG ` Z3 7.5 STCREY 96.0 . ,!-,O,js^rp No. 119 N 700 i f � 6 .2C *„ 7$ f a. off. o IQARSAGE Lam" At AOMM TO HOUM �_ Y'2.di5 '� 7S i •.Sti"!1.C. 2.75 � � 1 1 y I � 'a�.• , ?,'•, fit= 1 , i SNC► ' CRAVLt t •''' '. o. O umm Wow e4 AREA (9.0m) WX _._._. ...... r LKS 3FATIM AREA (MO SSATM s e sa,e.aa eay i rs SMAE YAM 40 n / .E° Mp auLcm � i-. 183.7aP 1 I .ri FX RP FSK 95.35 O W ALICSVa Q / 1 BOARD FACE SEE k.0 L-1 FOR N.iAlL 4.40 4� 75.1 � 7 •214 MALL DAME xr- L-T cum FJ4 J�AC AROUND � v .03-bi1ETER e� TRAILER ' 8.5'X 24' �a k KP p� 1112 tt'4=IC111 ST1W MVA% 4lQ W K1Y N' 7:7 TEL (613j :'76-42+6 FAX (00) 70 -CW DRINKING WATER SOURCE PROTECTION ACT FOR CLEAN WATERT www.ctcswp.ca 5 Shoreham Drive, Downsview, ON M3N 1S4 T.416-661-6600 1 info@trca.on.ca CTC Source Protection Region Toronto and Region Source Protection Authority Wednesday, April 3, 2019 Durham Region Attention: Ralph Walton, Regional Clerk 605 Rossland Road East Whitby, ON Ll N 6A3 Email: clerks(cDdurham.ca City of Pickering Attention: Debbie Shields, City Clerk Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Email: clerks6c pickering.ca Township of Uxbridge Attention: Debbie Leroux, Director of Legislative Services/Clerk 51 Toronto Street South P.O. Box 190 Uxbridge, ON L9P 1T1 Email: dleroux@town.uxbridge.on.ca Town of Ajax Attention: Nicole Cooper, Director of Legislative & Information Services/Clerk 65 Harwood Ave. South Ajax, ON L1 S 2H9 Email: Nicole.Cooper(aaiax.ca City of Oshawa Attention: Andrew Brouwer, Clerk 5th Floor, Rundle Tower, City Hall 50 Centre Street South Oshawa, ON L1 H 3Z7 Email: service(cDoshawa.ca Municipality of Clarington Attention: Anne Greentree, Clerk 40 Temperance Street, 2nd Floor Bowmanville, ON L1C 3A6 Email: clerks(c)_clarington.net SENT VIA E-MAIL Town of Scugog Attention: JP Newman, Clerk 181 Perry Street, Port Perry, ON L9L 1A7 Town of Whitby Attention: Town Clerk 575 Rossland Rd. East Whitby, ON L1 N 2MB Email: clerks(a),whitby.ca RE: REQUEST JOINT NOMINATION OF ONE REPRESENTATIVE TO THE CTC SOURCE PROTECTION COMMITTEE DUE BY 4:00 P.M. WEDNESDAY, MAY 29, 2019 Ontario Regulation 288/07 under the Clean Water Act, 2006 outlines the terms and conditions of appointments to source protection committees. On June 1, 2019, the term of the member representing Durham Region; the Cities of Pickering and Oshawa; the Towns of Whitby, Scugog, and Ajax; the Municipality of Clarington; and the Township of Uxbridge on the CTC Source Protection Committee is set to expire. John Presta is the current member fulfilling this role and has ably represented the interests of your municipality since the CTC Source Protection Committee was formed in 2007. Replacement members to the Committee must be appointed by the Toronto and Region Source Protection Authority (TRSPA) in accordance with Section 3 of Ontario Regulation 288/07. Your municipalities are asked to jointly nominate an elected official, staff member, or citizen representative that complies with the eligibility requirements as listed in Attachment 1. Council resolutions are not required to accompany the nomination, but all municipalities must confirm that they are in agreement as to the candidate to fill this role. It is suggested that municipalities meet over the next couple of months to discuss and make decisions with respect to their preferred representative. Our Program Manager, Jennifer Stephens, is available to attend meetings as a resource. The term of this Municipal member will be five (5) years from the date of appointment. The time commitment for CTC SPC members varies with work load. As we are now implementing and updating the CTC Source Protection Plan, we anticipate the need for three five-hour committee meetings per calendar year with periodic communications in-between. Members are provided with a per diem of $200 and mileage as set through the provincial guidelines. Pursuant to Ontario Regulation 288/07, please submit the name of the person to represent your municipality by Wednesday, May 29, 2019 to the attention of: Jennifer Stephens, Program Manager, CTC Source Protection Region Via mail to: 101 Exchange Avenue, Vaughan, ON, L4K 5R6 Via courier to: 101 Exchange Avenue, Vaughan, ON, L4K 5R6 Via email to: sourcewater(@_trca.on.ca OR Via fax to: 416-661-6898 Should you wish further information on the nomination of members, their duties or other information, please contact Jennifer Stephens, Program Manager, CTC Source Protection Region via email at istep hens(a)trca.on. ca or by telephone at 416-892-9634. Thank you for your municipality's efforts as we jointly work to protect our sources of drinking water. Sincerely, V////— John Mackenzie, Chief Executive Officer Toronto and Region Source Protection Authority cc. John Presta, Municipal Member, CTC Source Protection Committee Jennifer Stephens, Program Manager, CTC Source Protection Region Rod Wilmot, Lead – Source Protection, Central Lake Ontario Conservation Authority Greg Lymer, Risk Management Official, Durham Region Colin Hall, Risk Management Inspector, Durham Region ATTACHMENT 1: Source Protection Committee Membership Eligibility ATTACHMENT 1: DRINKING WATER SOURCE PRonai4N ACT FOR CLEAN WATER SOURCE PROTECTION COMMITTEE MEMBERSHIP ELIGIBILITY REQUIREMENTS SPC MEMBER SKILLS AND QUALIFICATIONS • Hold relevant knowledge of the applicable watersheds, communities, and local issues; • Demonstrated ability to understand source protection planning related science, concepts and technical reports; • Proven ability to act as liaison to bring forward common concerns from their knowledge and experience in the municipal sector to the Committee and assist in communicating the Committee's work to municipal councils and staff; • Solid problem -solving, analytical, communication and organizational skills; • Demonstrated ability to work with group dynamics and team environments; • Willingness and ability to travel within the CTC Source Protection Region for public consultation meetings and information sessions; • Has, or is capable of having direct contact with residents and landowners; and • Provide constructive, collaborative, and science -based input on local source protection planning issues. SPC MEMBER ELIGIBILITY REQUIREMENTS • Reside in, own or rent property within the CTC Source Protection Region; or • Be employed or operate a business within the CTC Source Protection Region; or • Be employed by a municipality that is in the CTC Source Protection Region; and • Not be a member or employee of Credit Valley Conservation, Toronto and Region Conservation Authority, or Central Lake Ontario Conservation Authority. REGULATORY CONDITIONS OF APPOINTMENT • The appointee must regularly attend meetings of the source protection committee. • The appointee must comply with the source protection committee's Code of Conduct and Conflict of Interest policy, as well as the Rules of Procedure. 371 Weslemkoon Lake Road Box 436, R. R. #2 GILMOUR, ON KOL 1WO clerk@tudorandcashel.com www.tudorandcashel.com LIBBY CLARKE, REEVE BERNICE CROCKER, CLERK -TREASURER 613-474-2583 (Phone) 613-474-0664 (Facsimile) THE CORPORATION OF THE TOWNSHIP OF TUDOR AND CASHEL RESOLUTION TOWNSHIP OF TUDOR AND CASHEL APRIL 02, 2019 MOVED BY: NOREEN REILLY RESOLUTION NO: 2019 - 090 SECONDED BY: RONALD CARROLL WHEREAS hydro is essential for all individuals and the cost to receive hydro should not be so excessive that individuals cannot afford it; AND WHEREAS the cost for service delivery for hydro should be affordable to all individuals; AND WHEREAS the Hydro One invoices received over the last few months for the Township of Tudor and Cashel have indicated that 46% to 56% of the total cost has been related to service delivery fee; AND WHEREAS the Township of Tudor and Cashel believes the cost for service delivery is not affordable to the Township or its residents; AND WHEREAS the Township of Tudor and Cashel believes that Hydro One and the Ontario Energy Board should review its plans regarding delivery service to ensure that the cost of service delivery is fair to everyone; NOW THEREFORE BE IT RESOLVED, THAT a copy of this motion be circulated to Hydro One, Daryl Kramp, MPP Hastings -Lennox & Addington, the Hon. Doug Ford, Premier of Ontario, Ontario Energy Board, all municipalities and the Association of Municipalities of Ontario. Carried: LIBBY CLARKE, HEAD OF COUNCIL Clarftwn Finance Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: FND-011-19 Resolution: File Number: By-law Number: Report Subject: Gift Agreement with Bowmanville Hospital Foundation Recommendations: 1. That Report FND-011-19 be received; 2. That the Mayor and Municipal Clerk be authorized to sign the Gift Agreement with the Bowmanville Hospital Foundation on behalf of the Municipality; and 3. That all interested parties listed in Report FND-011-19 and any delegations be advised of Council's decision. Municipality of Clarington Report FND-011-19 Report Overview Page 2 During the 2019 Budget, Council committed to providing future funding to the Bowmanville Hospital Foundation for the expansion of the Bowmanville Hospital. This agreement formalizes this commitment and sets a sunset clause if the project does not occur. 1. Background 1.1 During the 2019 Budget, Council approved a financial commitment to Bowmanville Hospital Foundation towards the expansion project at the Bowmanville Hospital site. 1.2 The attached Gift Agreement formalizes the commitment that the Municipality has made and ensures that there is a paper trail for this contribution. 1.3 The agreement stipulates that the funds will be provided to the Bowmanville Hospital Foundation upon substantial completion of the final phase of the Project. 1.4 There is a 10 year expiry clause for the gift agreement. If the project is not substantially completed by April 2029 there is no obligation on the part of the Municipality to provide funding for the Project. 2. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 3. Conclusion It is respectfully recommended that the Mayor and Municipal Clerk be authorized to sign the Gift Agreement to formalize Council's commitment to Bowmanville Hospital Foundation. 4. Strategic Plan Application Not applicable. Submitted by: Reviewed by: Trevor Pinn, B.Com, CPA, CA, Andrew C. Allison, B. Comm, LL.B Director of Finance/Treasurer CAO Staff Contact: Trevor Pinn, B.Com, CPA, CA, Director of Finance / Treasurer, 905-623-3379 ext. 2603 or tpinn@clarington.net Attachment #1 — Gift Agreement Between Lakeridge Health and the Municipality of Clarington List of interested parties to be notified of Council's decision is on file in the Finance Department. 1:D Lakeridge Health Attachment 1 to Report FN D-011-19 Bowmani ifle HOSPITAL FOUNDATION GIFT AGREEMENT between THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "DONOR") - and - BOWMANVILLE HOSPITAL FOUNDATION Bowmanville Hospital Foundation gratefully acknowledges the generous commitment of the Donor to contribute a total of FIVE MILLION ($5,000,000.00) DOLLARS (the "Funds") in support of the redevelopment of the Bowmanville Hospital site. Use of Funds: It is understood that the Funds will be used by Lakeridge Health to partially finance the current capital project to expand and renovate the Bowmanville Hospital (the Project). Schedule and Form of Contributions: The Donor will relinquish the Funds to the Bowmanville Hospital Foundation upon substantial completion of the final phase of the Project. This Gift Agreement shall expire on the 10th anniversary of its execution if substantial completion has not been achieved by that date. Gift Agreement Page 1 of 2 The Bowmanville Hospital Foundation 147 Liberty Street South I Bowmanville, ON I L1 C 2N4 (905) 623-3331 X 1880 Recognition: In recognition of the significant financial support and commitment, the Donor will be recognized appropriately in proportion to the amount of the donation. Appropriate timing of the gift announcement will be undertaken with approval of the Donor. The Donor will be informed of progress and accomplishments through periodic interactions, on-going updates, and invitations to activities by both the Hospital and the Foundation. With Sincere Appreciation: The Bowmanville Hospital Foundation certifies that the gift(s) received will be administered according to the terms set out by this agreement and with ethical fundraising policies and practices in place. We welcome the (Donor) to a rewarding partnership with the Bowmanville Hospital Foundation. In acceptance of this Agreement, the authorized officers of the parties hereto append their signatures: Adrian Foster, Mayor The Corporation of the Municipality of Clarington C. Anne Greentree, Municipal Clerk The Corporation of the Municipality of Clarington Frank Cerisano CEO, Bowmanville Hospital Foundation Chris Kooy Board Chair, Bowmanville Hospital Foundation Gift Agreement Page 2 of 2 Date Date Date Date The Bowmanville Hospital Foundation 147 Liberty Street South I Bowmanville, ON I L1 C 2N4 (905) 623-3331 X 1880