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I1)11:117L911.j�Z 1111'_! ■■■ ei Iff, 3 QJ HF[fl ClarhWWn If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: February 18, 2020 Time: 9:30 AM Location: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, G. Acorn, R. Maciver, M. Marano, T. Pinn, G. Weir, A. Greentree, J. Gallagher, S. Gray, S. Brake, R. Albright 1. Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2. Land Acknowledgement Statement Councillor Jones led the meeting in the Land Acknowledgement Statement. 3. New Business ❑ Introduction Councillor Neal asked that a new business item, regarding Plastic Cups, be added to the New Business ❑ Consideration section of the agenda. Councillor Neal asked that a new business item, regarding 2019 Budget Actuals, be added to the New Business ❑ Consideration section of the agenda. Councillor Neal asked that a new business item, regarding Councillor's Boardroom, be added to the New Business Consideration section of the agenda. Councillor Neal asked that a new business item, regarding CAO Review Committee, be added to the New Business F Consideration section of the agenda. Councillor Neal asked that a new business item, regarding Fill, be added to the New Business -1 Consideration section of the agenda. 1 3 T General Government Committee Minutes February 18, 2020 Councillor Neal stated it was a point of privilege claiming he was being badgered about resolutions. Mayor Foster ruled it Out of Order. Recess Resolution # GG -071-20 Moved by Councillor Jones Seconded by Councillor Anderson That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:45 AM with Mayor Foster in the Chair. 4. Adopt the Agenda Councillor Traill joined the meeting at 9:47 am. Suspend the Rules Resolution # GG -072-20 Moved by Councillor Jones Seconded by Councillor Zwart That the Rules of Procedure be suspended to add the Delegation of Edgar Lucas, Bowmanville BIA, to the Agenda. Carried Resolution # GG -073-20 Moved by Councillor Jones Seconded by Councillor Zwart That the Agenda for the General Government Committee meeting of February 18, 2020 be adopted with the addition of the following items: ❑ Plastic Cups ❑ 2019 Budget Actuals ❑ Councillor's Boardroom ❑ CAO Review Committee ❑ Fill Carried 5. Declaration of Interest Councillor Hooper declared a direct interest in Item 8.1, delegation from Edgar Lucas, regarding Parking in Downtown Bowmanville. 2 3 T General Government Committee Minutes February 18, 2020 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of January 27, 2020 Resolution # GG -074-20 Moved by Councillor Zwart Seconded by Councillor Traill That the minutes of the regular meeting of the General Government Committee meeting held on January 27, 2020, be approved, with the following amendment: That the declaration of interest by Councillor Jones be changed from "direct" to "indirect". Carried 8. Delegations 8.1 Edgar Lucas, Bowmanville BIA, Regarding Parking in Downtown Bowmanville Councillor Hooper declared a direct interest in Item 8.1, delegation from Edgar Lucas, regarding Parking in Downtown Bowmanville as it relates to his family business. Councillor Hooper left the meeting and refrained from discussion and voting on this matter. Edgar Lucas, Bowmanville BIA, was present regarding parking in Downtown Bowmanville. He explained that there are 81 building owners and over 150 merchants in Downtown Bowmanville, all requiring parking spots. Mr. Lucas stated that there is a problem with parking in downtown and not enough parking spaces to accommodate the amount of people. He noted that, in 32 years, only 40 spots have been added. Mr. Lucas mentioned that, with the additional bump outs, crosswalks, and summer patios they have actually lost parking spots. He requested that the two hour free parking be removed, that the Municipality no longer bag meters at Christmas and that the Municipality increase the amount for paid parking. Resolution # GG -075-20 Moved by Councillor Traill Seconded by Councillor Zwart That the delegation of Edgar Lucas, Bowmanville BIA, regarding parking in downtown Bowmanville, be referred to the CAD's Office to report back on: - No longer offering free parking downtown Bowmanville at Christmas; - Increasing the parking meter fees; 3 3 T General Government Committee Minutes February 18, 2020 - Removing the two hour free parking in municipal lots; and - Investigate the possible parking garage in downtown Bowmanville That the Bowmanville BIA be consulted regarding same. Carried Amendment: Resolution # GG -076-20 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #GG -075-20 be amended by adding the following at the end: That staff investigate limiting on street parking to one hour. Motion Lost, Later in the Meeting Resolution # GG -077-20 Moved by Councillor Anderson Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution GG -076-20 for a second time. The foregoing resolution # GG -076-20 was then put to a vote and lost. Carried Resolution # GG -078-20 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution GG -075-20 for a second time. Carried The foregoing Resolution #GG -075-20 was then put to a vote and carried. Councillor Hooper returned to the meeting. Recess Resolution # GG -079-20 Moved by Councillor Traill Seconded by Councillor Zwart That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:02 AM with Mayor Foster in the Chair. 4 3 T General Government Committee Minutes February 18, 2020 9. Communications F1 Receive for Information Resolution # GG -080-20 Moved by Councillor Anderson Seconded by Councillor Jones That Communication Items 9.1 and 9.2, be received on consent. Carried 9.1 Minutes of the Orono Business Improvement Area dated January 16, 2020 9.2 Susan Cassel, City Clerk, City of Pickering, Regarding Decommissioning of the Pickering Nuclear Generating Station 10. Communications a Direction 10.1 Dianne Gould -Brown, City Clerk, City of Sarnia, Regarding Ontario Power Generation's Deep Geologic Repository Project Resolution # GG -081-20 Moved by Councillor Neal Seconded by Councillor Anderson That Communication Item 10. 1, be received for information. Carried 10.2 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham, Regarding Durham Region Climate Change Emergency Declaration Resolution # GG -082-20 Moved by Councillor Neal Seconded by Councillor Jones That Communication Item 10.2 be referred to the consideration of Communication Item 10.3. Carried 10.3 David Crome, Regarding Declaration of Climate Emergency Resolution # GG -083-20 Moved by Councillor Zwart Seconded by Councillor Traill Whereas residents of Clarington have experienced the results of climate change through flooding, high lake levels, ice storms, invasive species, severe weather fluctuations and increase wind events; 5 3 TF1 General Government Committee Minutes February 18, 2020 Whereas Municipal governments currently have direct or indirect control over approximately 44 per cent of GHG emissions in Canada and therefore have a crucial role to play in responding to the threat of climate change through policies, programs and capital investments that reduce greenhouse gas emission (GHG) and improve the adaptive capacity to extreme weather events; Whereas the Region of Durham and area municipalities including Pickering, Ajax and Whitby have acknowledged the role of municipalities in responding to climate change by declaring a climate emergency and are taking decisive action to adapt to and mitigate climate change; and Whereas, the Municipality of Clarington is taking action to implement climate change mitigation and adaptation actions that are within our control through energy conservation and demand management planning and the development of the Clarington Climate Action Plan; Now therefore be it resolved: That the Municipality of Clarington declare a climate emergency for the purposes of naming, framing and deepening our commitment to protecting our economy, ecosystems and community from climate change; That in response to this emergency declaration, the need to reduce overall GHG emissions in the Municipality of Clarington and to continue to prepare for the potential impacts of climate change be prioritized in all Municipal business decisions; That by declaring a climate emergency the Municipality of Clarington joins more than 400 Canadian municipalities and 1300 local governments in 25 countries in committing to respond to climate change by reducing GHG emissions; That the Mayor, on behalf of Council, be directed to forward this resolution to the Right Honorable Justin Trudeau, Prime Minister of Canada, with the request that the Federal Government dedicate funding to develop and fund programs that assist residents, businesses and municipalities to reduce GHG emissions and adapt to climate change; That the Mayor, on behalf of Council, be directed to forward this resolution to the Honourable Doug Ford, Premier of Ontario, with the request that the Government of Ontario dedicate funding to develop and fund programs that assist residents, businesses and municipalities to reduce GHG emissions and adapt to climate change; and 6 3 TFI General Government Committee Minutes February 18, 2020 That the Clerk be directed to circulate this resolution to the Region of Durham, Durham Region area municipalities, the Honourable EIS 2 7RR(BI❑0 3 F1 ❑EKDP T + RJR_I-DE( -3 KLaSit DZ [Hi]FH MP (Northumberland -Peterborough South), Lindsey Park, MPP (Durham), David Piccini, MPP (Northumberland -Peterborough South). Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Carried on a recorded vote (5 to 2) Resolution # GG -084-20 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution for a second time. Carried 10.4 Sarah Delicate, Regarding MP Derek Sloane's Letter Regarding the Potential for Severe Flooding Resolution # GG -085-20 Moved by Councillor Anderson Seconded by Councillor Hooper That the concerns expressed in Sarah Delicate's correspondence, containing MP Derek Sloane's correspondence regarding Potential for Severe Flooding, be endorsed in principle and a similar letter be forwarded to the Prime Minister. Carried 10.5 Douglas B. MacCheyne, Royal Canadian Branch 178, Regarding Request to Sponsor Veterans Banner Program Resolution # GG -086-20 Moved by Councillor Hooper Seconded by Councillor Jones That Communication Item 10.5 be referred to the consideration of the Budget on February 24, 2020. Carried 7 3 T❑ General Government Committee Minutes February 18, 2020 10.6 Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town of Whitby, Regarding Expanded Paid Parking at GO Commuter Rail Stations Resolution # GG -087-20 Moved by Councillor Hooper Seconded by Councillor Zwart That Communication Item 10.6, be referred to staff for an appropriate motion. Carried 10.7 Peggy Johnson, Secretary Treasurer, Rainy River District Municipal Association, Regarding Fair and Equitable Property Taxation Revenue on Railway Right -of -Ways Collected by Municipalities in Ontario Resolution # GG -088-20 Moved by Councillor Neal Seconded by Councillor Anderson That the following resolution from Rainy River District Municipal Association, regarding Fair and Equitable Property Taxation Revenue on Railway Right -of - Ways Collected by Municipalities in Ontario, be endorsed by the Municipality of Clarington: Whereas in 2018 the Province of Ontario adjusted the tax rate for acreage for railway right -a -ways throughout Ontario which specifically impacted Rainy River, Kenora and Thunder Bay districts in a positive fashion; and Whereas in other provinces and jurisdictions the railway companies remit a more equitable share of taxes to their local tax base by using a per tonne -mile concept; and Whereas rail traffic continues to increase and the train length has more than doubled, which results in rail traffic congestion, increased wait times, noise pollution and unknown environmental concerns; and WHEREAS the Province of Ontario should review fees based on inflation and current conditions on an annual basis to ensure that Ontario does not continue to fall further behind in their approach to railway property taxation; and Whereas fair and equitable taxation revenue on railway property will reduce the financial pressure on the Province to provide financial support to municipalities going forward; Therefore be it resolved that the Rainy River District Municipal Association call upon the Minister of Finance of the Province of Ontario to undertake ongoing consideration of municipal taxation for railroad right-of-way properties based on a per tonne -mile concept; and n. 3 TF1 General Government Committee Minutes February 18, 2020 Further be it resolved that the Rainy River District Municipal Association send this resolution to every Municipal Council within the Province of Ontario seeking their support, the Premier of Ontario, the Minister of Finance of Ontario, Local MPPs, Local MPs, NOMA, ROMA AND AMO. Carried 11. Presentations 12. Engineering Services Department Reports Councillor Anderson chaired this portion of the meeting. 12.1 EGD -001-20 Building Activity Update January 1 to December 31, 2019 Mayor Foster left the meeting at 11:32 am. Resolution # GG -089-20 Moved by Councillor Neal Seconded by Councillor Zwart That Report EGD -001-20 be received for information. Carried 12.2 EGD -002-20 Hancock Road Servicing at Baseline Road - Certificate of Acceptance and Assumption By -Law Resolution # GG -090-20 Moved by Councillor Zwart Seconded by Councillor Neal That Report EGD -002-20 be received; That the Acting Director of Engineering Services be authorized to issue a T HA FD NLR _$ FFHSV9LiFHLLRi:0W J LDQ RNMIZ 14FK[LLiFFOG-KMLDCM H_ F4X�,LI and other related works constructed within Plan SPA 2006-0033; That Council approve the by-law attached to Report EGD -002-20 assuming certain streets within Plan SPA 2006-0033 as public highways; and That all interested parties listed in Report EGD-002-CUFHDGYll4-G_RLL1R:iL LW decision. Carried 12.3 EGD -003-20 Farewell Creek Trail Phase 2 Ecological Gifts Program Update Mayor Foster joined the meeting at 11:35 am. Resolution # GG -091-20 Moved by Councillor Neal Seconded by Councillor Jones That Report EGD -003-20 be received; 9 3 TFI General Government Committee Minutes February 18, 2020 That staff be authorized to submit a formal request to Environment Canada to proceed with the unauthorized change in use, as defined by the Income Tax Act, of building Phase 2 of the Farewell Creek Trail; That the tax levied by the Federal Government (estimated to be $22,500) for and unauthorized change in use as defined in Section 207.31 (a) (ii) representing 50% of the fair market value of the ecological gift lands at the time of the unauthorized use (2020) be funded from the 2019 Capital account 110-32-325- 83288-7401, Farewell Creek Trail, Phase 2; and That additional funding for the Council recommended trail route, as per Resolution #C-204-19, through these ecological lands be considered for approval as part of the 2020 Budget. Carried Suspend the Rules Resolution # GG -092-20 Moved by Councillor Traill Seconded by Councillor Neal That the Rules of Procedure be suspended to add an additional item to the Agenda. Carried Resolution # GG -093-20 Moved by Councillor Traill Seconded by Councillor Neal That, in the event that staff do not hear back from Canadian National Railway on, or before, March 31, 2020 regarding whistle cessation, Staff be directed to forward a formal written complaint to the Canadian Transportation Agency. Carried Suspend the Rules Resolution # GG -094-20 Moved by Mayor Foster Seconded by Councillor Neal That the Rules of Procedure be suspended to extend the meeting for an additional ten minutes past the lunch break. Carried 10 3 TFI General Government Committee Minutes February 18, 2020 Resolution # GG -095-20 Moved by Councillor Neal Seconded by Mayor Foster That the Committee recess for lunch until 1:00 PM. Carried The meeting reconvened at 1:00 PM with Councillor Zwart in the Chair. 13. Operations Department Reports No Reports for this section of the Agenda. 14. Emergency and Fire Services Department Reports Councillor Zwart chaired this portion of the meeting. 14.1 ESD -002-20 Establishing a Motor Vehicle Collision Cost Recovery Program and Amendment to Fees By -Law Schedule B Resolution # GG -096-20 Moved by Councillor Hooper Seconded by Mayor Foster That Report ESD -002-20 be received; That the Motor Vehicle Collision Cost Recovery Program for Municipal Roadways (both Municipal and Regional Roads), be approved; and That the by-law to amend Schedule B of By-law 2010-142, a by-law regarding the payment of fees for information and services provided by the Municipality of Clarington, attached to Report ESD -002-20 as Attachment 1, be approved. Carried 15. Community Services Department Reports No Reports for this section of the Agenda. 16. 0 Ei FLSDGuiQMNA(i� HSDUR H❑W HSRUN Councillor Jones chaired this portion of the meeting. 16.1 CLD -003-20 2019 Accessibility Annual Status Update Resolution # GG -097-20 Moved by Councillor Neal Seconded by Councillor Traill That Report CLD -003-20 be received; and That Report CLD -003-20 be placed on the municipal website. Carried 11 3 T❑ General Government Committee Minutes February 18, 2020 17. Corporate Services Department Reports Mayor Foster chaired this portion of the meeting. 18. Finance Department Reports No Reports for this section of the Agenda. 19. 6 RWLLIKUV/ HSDLW H❑VC5 HSRUN No Reports for this section of the Agenda. 20. CAO Office Reports 20.1 CAO -005-20 Partners for Climate Protection Program Resolution # GG -098-20 Moved by Councillor Neal Seconded by Councillor Jones That Report CAO -005-20 be received; That Council endorse the attached Resolution (as Attachment 1 to Report CAO - 005 -20) to join the Federation of Canadian Municipalities International Council for Local Environmental Initiatives (FCM-ICLEI) Partners for Climate Protection (PCP) program; That Councillor Zwart be appointed for the Municipality of Clarington to the FCM- ICLEI PCP program; That the Mayor and Clerk be authorized to sign any related agreements and/or reports; That staff be directed to undertake the Five -Milestone Framework of the PCP program as part of the Clarington Climate Action Plan, which is currently under development; and That all interested parties listed in Report CAO -005-20 and any delegations be DGYLVHG[RI T R❑❑ ❑ Carried 21. New Business ❑ Consideration 21.1 Plastic Cups Resolution # GG -099-20 Moved by Councillor Neal Seconded by Councillor Traill That staff be directed to review with the Hall Boards and the Bowmanville Older Adult Association the matter of using compostable cups instead of single use plastic cups, and report back to a General Government Committee meeting; and 12 3 TF1 General Government Committee Minutes February 18, 2020 That staff update the General Government Committee, at the same time, regarding the same issue at Garnet B. Rickard Recreation Complex. Carried 21.2 2019 Budget Actuals Resolution # GG -100-20 Moved by Councillor Neal Seconded by Councillor Jones That Staff provide 2019 actual results as part of the 2020 budget documents. Carried 21.3 Councillors' Boardroom Resolution # GG -101-20 Moved by Councillor Neal Seconded by Councillor Jones That Staff be directed to assess the configuration of the Councillors' Boardroom, and the noise from the vicinity and what can be done about the issue. Carried 21.4 CAO Review Committee Resolution # GG -102-20 Moved by Councillor Neal Seconded by Councillor Jones That a review Committee for the CAO be established consisting of the Mayor and two Councillors, which would report annually to a closed session of the General Government Committee. Carried Later in the Meeting, see following motion Resolution # GG -103-20 Moved by Councillor Neal Seconded by Councillor Traill That item 21.4 be referred to the end of the agenda. Carried 13 3 TFI General Government Committee Minutes February 18, 2020 21.5 Fill Resolution # GG -104-20 Moved by Councillor Neal Seconded by Councillor Zwart That Staff report back on whether fill from outside Clarington is being brought into fill sites in Clarington. Carried 22. Unfinished Business 22.1 EGD -018-19 Award of Geotechnical Services Consulting for Slope Stability Investigation, Analysis and Report of Farewell Creek Trail Phase 2 (Tabled from the December 9, 2019 Council Meeting) Resolution # GG -105-20 Moved by Councillor Neal Seconded by Councillor Jones That the Report EGD -018-19, regarding Award of Geotechnical Services Consulting for Slope Stability Investigation, Analysis and Report of Farewell Creek Trail Phase 2, be lifted from the table. Carried Resolution # GG -106-20 Moved by Councillor Neal Seconded by Councillor Jones That Report EGD -018-19 be received; That the proposal received from Golder Associates Limited of Whitby, Ontario, being the lowest bidder of the compliant quotations using the roster process meeting all terms, conditions and specifications of the quotation request for Geotechnical Investigation and Recommendations - Slope Stability and Trail Design, be awarded the contract in the amount of $50,371.20 (Net HST Rebate); That the funds required in the amount of $50,371.20 (Net HST Rebate) be drawn from the following 2019 budget account: Farewell Creek Trail Phase 2 #110-32-325-83288-7401 $50,371.20 71-I_11EGV17HTELHGMVDSSRAffiP HL-GLJ U,0 $ ❑V[F❑EtHEVS2 -L]-VMFDP R-1-1 of $2,880 (net HST) be drawn from the following 2019 budget account: Farewell Creek Trail Phase 2 #110-32-325-83288-7401 $ 2,880.00 That all interested parties listed in Report EGD -018-19 and any delegations be DGYW/HGR T R❑ u Carried 14 3 T❑ General Government Committee Minutes February 18, 2020 22.2 CAO Review Committee - Continued from Item 21.4 Closed Session Resolution # GG -107-20 Moved by Councillor Neal Seconded by Councillor Traill That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. Carried Rise and Report The meeting resumed in open session at 2:06 PM. 0 D -R-) RVI AMM1 HG /`OR HUW rL D/ GVF❑MMG1 L E1FV1 lG C/M 1LL111 accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. The foregoing Resolution #GG -102-20 was then put to a vote and carried. 23. Confidential Reports 24. Adjournment Resolution # GG -108-20 Moved by Councillor Traill Seconded by Councillor Neal That the meeting adjourn at 2:18 PM. Carried Mayor 15 3 T❑ Deputy Clerk ClarhWWn If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Special General Government Committee Minutes Date: February 24, 2020 Time: 9:30 AM Location: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, G. Acorn, S. Brake, B. Hesson, F. Langmaid, M. Marano, T. Pinn, A. Greentree, M. Chambers 1. Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2. Land Acknowledgement Statement Councillor Neal led the meeting in the Land Acknowledgement Statement. 3. Declaration of Interest Later in the meeting, Mayor Foster declared an interest in the resolution regarding the contracting out of marriage ceremonies. Later in the meeting, Councillor Anderson declared an interest in the resolution regarding the contracting out of marriage ceremonies. 4. Delegations Alter the Agenda Resolution # GG -109-20 Moved by Councillor Jones Seconded by Councillor Anderson That the Agenda be altered to consider Recommendation #3 of Report CAO -006-20 Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services), at this time. Carried 3 TFI ClaritwmaSpecial General Government Committee Minutes February 24, 2020 Resolution # GG-110-20 Moved by Councillor Jones Seconded by Councillor Anderson That Grant Thornton Recommendation #8: Outsource Animal Services, be received for information; That Animal Services remain status quo, thus Animal Services will not be outsourced; and That the Correspondence Items 7.1 regarding Recommendation #3 in Report CAO-006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services), be received. Carried 4.1 Liz White, Animal Alliance, Regarding Recommendation #3 in Report CAO - 006 -20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services) Liz White, Animal Alliance, was present regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services). She made a verbal presentation to accompany a handout. Ms. White thanked the Members of Committee for supporting Animal Services and the decision to the retain the services in house. She explained that she would still like to recommend the Municipality consider investing now for a new animal shelter building to be built in the future in a new location. Ms. White asked that consideration be given to creating a Community Group to assist with advising Council on the new shelter. She explained that Animal Alliance has always had a great relationship with the Animal Shelter and noted they often use the Clarington Animal Shelter as an example for other facilities in the area. Ms. White noted that outsourcing does not always save money and in some cases can end up costing the Municipality more money. She added that the City of Markham outsourced to the OSPCA and currently they are trying to get out of the contract. Ms. White concluded by thanking the Members of Committee for their decision. 4.2 Kim Marchbank, Team Chelsea Lost Pet Search Group, Regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services) Kim Marchbank, Team Chelsea Lost Pet Search Group, was present regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services). Ms. Marchbank thanked the Members of Committee for supporting Animal Services and the decision to the retain the services in house. 2 3 TFI ClaritwmaSpecial General Government Committee Minutes February 24, 2020 4.3 Mel Diebel, Barn Cat Co-op, Regarding Recommendation #3 in Report CAO- 006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services) Mel Diebel, Barn Cat Co-op, was present regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services). Ms. Diebel thanked the Members of Council for supporting Animal Services and the decision to the retain the services in house. 4.4 Martin Field Regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services) Martin Field was present regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services). Mr. Field noted he is a part of the Trap Neuter Release Program (TNR) that was supported by the Municipality of Clarington five years ago. He explained that Clarington was the first Municipality to support this program and it has been a huge success. Mr. Field referenced other Municipalities that have amalgamated services and have faced several challenges. He concluded by thanking the Members of Committee for their decision and noted that he supports capital funding for a new building and seeking input from a community group. 4.5 Andrea Maenza Regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services) Andrea Maenza was present regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services). Ms. Maenza explained that she grew up in the Municipality of Clarington and noted the Animal Shelter has always provided exceptional services. She thanked the Members of Committee for supporting Animal Services and the decision to the retain the services in house. 4.6 Libby Racansky Regarding Report FND-002-20, 2020 Operating and Capital Budgets Libby Racansky was present regarding Report FND-002-20, 2020 Operating and Capital Budgets. She made a verbal presentation to accompany an electronic presentation. Ms. Racansky expressed her concern with the expansion and creation of new roads in the Hancock Neighbourhood. She feels that extending George Reynolds Drive would be unsafe for pedestrians, attract crime and be detrimental to the wildlife in the area. Ms. Racansky continued by noting she is concerned with the development planned in this neighbourhood by Trolleybus Urban Development in 2020. She feels that these budget funds could be allocated to infrastructure upgrades that need to be done. Ms. Racansky 3 3 TF1 ClaritwmaSpecial General Government Committee Minutes February 24, 2020 referred to a map of sensitive areas and noted the increasing concern with asthma, air pollutants, and brush fire due to the expansion of Highway 418. She concluded by asking for these new roads to be deleted from the 2020 Budget. Resolution # GG -111-20 Moved by Councillor Jones Seconded by Councillor Hooper That the delegation of Libby Racansky be referred to the consideration of Report FND-002-20, 2020 Operating and Capital Budgets. Carried 4.7 David Crome Regarding Report FND-002-20, 2020 Operating and Capital Budgets David Crome was present regarding Report FND-002-20, 2020 Operating and Capital Budgets. He made a verbal presentation to accompany an electronic presentation. Mr. Crome noted that he recently made aware that Clarington is considering declaring Climate Emergency and thanked the Members of Committee. He explained that he often hears that "Dilution is the Solution" and disagrees that diluting air pollutants is the solution. Mr. Crome referred to the Sudbury Super stack and the results of that initiative. He explained that green house gases accumulate in the atmosphere. He reviewed the atmospheric CO2 over the years and the global temperature since the last ice age. Mr. Crome referred to an illustration to show global warming over the last 5 years. He added that he supports the Municipality working towards a Climate Change Action Plan. Suspend the Rules Resolution # GG -112-20 Moved by Councillor Traill Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the delegation of David Crome for an additional three minutes Carried Mr. Crome noted that there are electric vehicles in the budget and he is asking for all future vehicles purchased by Clarington be electric vehicles and where this LV -FR V VUZOM (611—\/-IFKDV)DI V D- G6 8 9 V ffd EH-K-ELKIYFKLFOV He continued by asking for Council to create a fleet containing electric vehicles for the Building Inspectors. Mr. Crome continued by requesting that the Clarington commit to a net zero carbon emission for the future South Bowmanville Recreation Centre. He also requested that the tree planting budget be increased. Mr. Crome thanked and answered questions from the Members of Committee. 0 3 TFI Claritwma Resolution # GG -113-20 Moved by Councillor Zwart Seconded by Councillor Hooper Special General Government Committee Minutes February 24, 2020 That the delegation of David Crome be referred to the consideration of Report FND-002-20, 2020 Operating and Capital Budgets. Carried Recess Resolution # GG -114-20 Moved by Councillor Zwart Seconded by Councillor Neal That the Committee recess for 10 minutes. Carried The meeting reconvened at 10:41 AM with Mayor Foster in the Chair. 5. Presentations 5.1 Trevor Pinn, Director of Finance/Treasurer ❑ 2020 Operating and Capital Budget Trevor Pinn, Director of Finance/Treasurer made a verbal presentation regarding the 2020 Operating and Capital Budget. Mr. Pinn provided a brief overview of Report FND-002-20 and highlighted the following: ❑ The new format for the Budget Book ❑ The Levy (clarified 1 % equals $14-$15 per household) ❑ Reviewed the Budget Policy set by Council and noted a target of 2.0% and the proposed budget is 1.83% F 2019 to 2022 Strategic Plan o Engaged Communities o Strong Economy o Sustainable Infrastructure Growth o Legacy Projects o Environmental Sustainability ❑ The Staffing Requests ❑ Capital Budget - Summary by Financing ❑ Capital Budget - Summary by Department ❑ Reserve Funds contributions ❑ Reserve Contributions ❑ Reserve Funds Withdrawals ❑ Reserve Funds DC Operating Withdrawals ❑ Reserves Withdrawals ❑ Challenges Facing Clarington Moving Forward 5 3 T❑ ClaritwmaSpecial General Government Committee Minutes February 24, 2020 Mr. Pinn answered questions from the Members of Committee. Resolution # GG-115-20 Moved by Councillor Neal Seconded by Councillor Zwart That the Rules of Procedure be suspended to allow Members of Committee to speak to the presentation of Trevor Pinn, Director of Finance/Treasurer for a second time. Carried 6. Communications - Receive for Information 6.1 Petition from Melinda Diebel Regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services) Resolution # GG -116-20 Moved by Councillor Zwart Seconded by Councillor Jones That Communication Item 6.1, Petition from Melinda Diebel Regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services, be received for information. Carried 7. Communications - Direction 7.1 Correspondence regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services) Correspondence regarding Recommendation #3 in Report CAO -006-20, Organizational Structure Review - Implementation Plan (Grant Thornton Recommendation #8: Outsource Animal Services) was considered earlier in the meeting. n 3 TFI ClaritwmaSpecial General Government Committee Minutes February 24, 2020 7.2 David Crome Regarding Report FND-002-20, 2020 Operating and Capital Budgets Resolution # GG -117-20 Moved by Councillor Hooper Seconded by Councillor Jones That Correspondence Item 7.2 from David Crome, be referred to the Consideration of Report FND-002-20, 2020 Operating and Capital Budgets. Carried Later in the Meeting, see following motion Recess Resolution # GG -118-20 Moved by Councillor Neal Seconded by Councillor Jones That the Committee recess for 5 minutes. Carried The meeting reconvened at 11:23 AM with Mayor Foster in the Chair. The foregoing Resolution #GG -117-20 was then put to a vote and carried. 8. Staff Reports 8.1 Report CAO -006-20 - Organizational Structure Review - Implementation Plan Resolution # GG -119-20 Moved by Councillor Neal Seconded by Councillor Anderson That Report CAO -006-20 be received; That Council endorse the organizational structure changes generally as set out in this Report; That staff be directed to apply for funding under the next intake of the Audit and Accountability Fund in order to assist with the implementation of Recommendation #26 (Key Performance Indicators); and That all interested parties listed in Report CAO -006-20 and any delegations be DGAM- GR [& R❑❑F10G-FUR❑11 Carried as amended later in the Meeting, see following motion 7 3 T❑ Claritwma Closed Session Resolution # GG -120-20 Moved by Councillor Neal Seconded by Councillor Zwart Special General Government Committee Minutes February 24, 2020 That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local boards. Carried Rise and Report The meeting resumed in open session at 12:20 PM. 0 Ddb RVUbIUDGYLVI-K' ❑H1dPoP Z D\/ VF❑WHQ_Il_I1F&+lGL SMR❑[�❑ accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed on a procedural matter and one resolution was passed to provide direction to Staff. Recess Resolution # GG -121-20 Moved by Councillor Traill Seconded by Councillor Neal That the Committee recess until 1:00 PM. Carried The meeting reconvened at 1:02 PM with Mayor Foster in the Chair. Resolution # GG -122-20 Moved by Councillor Neal Seconded by Councillor Traill That Report CAO -006-20 be amended to add the following: "That non -statutory Deputy Director positions be eliminated; and That Staff be directed to review the content of staff positions across departments, and KPI's, with the funding to be considered as part of the 2020 Budget." Carried The foregoing Resolution #GG -119-20 was then put to a vote and carried as amended. n. 3 T❑ ClaritwmaSpecial General Government Committee Minutes February 24, 2020 8.2 Report FND-002-20 - 2020 Operating and Capital Budgets Resolution # GG -123-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Report FND-002-20 be received; That Council approve the 2020 Operating and Capital budgets, including -UYDCD J H❑F WI0V R—kQHGtL1V9H-U1❑❑❑I� LDVV/cr--GJ D tax levy impact of 1.83%, exclusive of tax policy impacts, as directed in FND-002- 20; That Reserve and Reserve Fund contributions and new Reserve/Reserve funds be approved as shown in the 2020 Draft Budget Book; That the financing of capital projects, as outlined in the attached documents, be approved; That any cash flow shortfall in the Development Charges Reserve Funds be interim financed from the Municipal Capital Works Reserve Fund and General Municipal Reserve Fund, to be repaid with interest, as cash flow permits; That Report FND-002-20 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001; That the appropriate by-laws to levy the 2020 tax requirement for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available; and That all interested parties listed in Report FND-002-20 and any delegations be DGYLWHG:RI[&R❑EFLCt decision. Carried as Amended on a recorded vote (7 to 0) later in the meeting, see following motions Resolution # GG -124-20 Moved by Councillor Jones Seconded by Councillor Neal That Capital Project 32-325-21100 Farewell Creek Trail - Phase 2 (Townline Rd to Phase 1 Trail) in the amount of $196,000, be funded from the Tax Rate Stabilization Reserve Fund. Carried 9 3 T❑ Claritwma Closed Session Resolution # GG -125-20 Moved by Councillor Neal Seconded by Councillor Traill Special General Government Committee Minutes February 24, 2020 That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board. Carried Rise and Report The meeting resumed in open session at 1:48 PM. 0 DERUy RVUbIUDGYLVHG ❑HIPoP Z D\/ VF❑WHQ_Il_I1FUIMGL SMR❑[�❑ accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Resolution # GG -126-20 Moved by Councillor Neal Seconded by Councillor Traill That the proposed Full-time Municipal Law Enforcement Coordinator Position, be deleted. Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) Councillor Neal assumed the chair. Resolution # GG -127-20 Moved by Councillor Traill Seconded by Mayor Foster That the proposed four new full-time firefighter positions, in the amount of $318,400, be added to the 2020 Budget, with contributions to the Future Staffing Reserve Fund in the amount of $250,000 be reallocated to fund these positions, and the remaining $68,400 be funded through the tax levy. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Traill No (3): Councillor Jones, Councillor Neal, and Councillor Zwart Carried on a recorded vote (4 to 3) Mayor Foster assumed the chair. 10 3 T❑ ClaritwmaSpecial General Government Committee Minutes February 24, 2020 Resolution # GG-128-20 Moved by Councillor Zwart Seconded by Councillor Anderson That the Newcastle Community Park Phase 1 (Skateboard Park) in the amount of $300,000 be included in the 2020 Budget, to be funded through Development Charges as possible. Carried as Amended see following motions Resolution # GG -129-20 Moved by Councillor Neal Seconded by Councillor Traill That the foregoing Resolution #GG -128-20 be amended to add the following: "That the non -Development Charge portion, be funded through the Parkland Dedication Reserve Fund." Carried That foregoing Resolution #GG -128-20 was then put to a vote and carried as amended. Resolution # GG -130-20 Moved by Councillor Neal Seconded by Councillor Traill That the replacement of two tandem dump trucks (Capital Project 36-388-10110 - Fleet Replacement ❑ Roads) in the amount of $500,000, be deleted. Carried Resolution # GG -131-20 Moved by Councillor Traill Seconded by Councillor Neal That the Employee Engagement Survey in the amount of $7,600, be deleted. Carried Resolution # GG -132-20 Moved by Councillor Zwart Seconded by Councillor Anderson That the Bond Head Parkette and bluffs shoreline erosion mitigation; long-term strategies for beach nourishment and erosion prevention, in the amount of $61,100 be added to the 2020 Budget, to be funded through the tax levy. Carried 11 3 T❑ ClaritwmaSpecial General Government Committee Minutes February 24, 2020 Resolution # GG-133-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the Cedarcrest Shoreline Study, in the amount of $30,000 be added to the 2020 Budget, to be funded through the tax levy. Carried Later in the Meeting, see following motion Resolution # GG -134-20 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #GG -133-20 for a second time. Carried The foregoing Resolution #GG -133-20 was then put to a vote and carried. Recess Resolution # GG -135-20 Moved by Councillor Neal Seconded by Councillor Traill That the Committee recess for 10 minutes. Carried The meeting reconvened at 2:57 with Mayor Foster in the Chair. Resolution # GG -136-20 Moved by Councillor Jones Seconded by Councillor Neal That Council Ward 1 [1 Conferences, be reduced by $1,500 to $0; That Council Ward 2 ❑ Conferences, be reduced by $1,500 to $0; That Council Ward 3 ❑ Conferences, be reduced by $1,500 to $0; and That Reg. Councillor Ward 1 &2 ❑ Conferences, be reduced by $1,500 to $0. Carried 12 3 T❑ Claritwma Resolution # GG -137-20 Moved by Councillor Neal Seconded by Councillor Jones Special General Government Committee Minutes February 24, 2020 That $100,000 be added to the 2020 Budget, funded through tax levy and placed in a reserve, to fund the review of the content of staff positions across departments, and KPI's, as was approved through consideration of staff Report CAO -006-20. Carried Mayor Foster declared an indirect interest in the contracting out of marriage ceremonies as his wife preforms marriage ceremonies. Mayor Foster left the room and refrained from discussion and voting on this matter. Councillor Anderson declared an indirect interest in the contracting out of marriage ceremonies as his wife preforms marriage ceremonies. Councillor Anderson left the room and refrained from discussion and voting on this matter. Councillor Hooper assumed the chair. Resolution # GG -138-20 Moved by Councillor Traill Seconded by Councillor Neal That marriage ceremony services be contracted out. Yes (3): Councillor Neal, Councillor Traill, and Councillor Zwart No (2): Councillor Hooper, and Councillor Jones Declared (2): Mayor Foster, Councillor Anderson Carried on a recorded vote (3 to 2) Mayor Foster assumed the chair. ICZM.7[1 IIWO N .WeZemIL01PPi7 Moved by Councillor Zwart Seconded by Councillor Hooper That the Veterans Banners, in the amount of $6,500, be added to the 2020 Budget, to be funded through the tax levy. Carried Resolution # GG -140-20 Moved by Councillor Neal Seconded by Councillor Jones That Internal Audit ❑ Consulting, in the amount of $40,000.00, be reduced to $0. Carried 13 3 T❑ Claritwma Resolution # GG -141-20 Moved by Councillor Traill Seconded by Councillor Neal Special General Government Committee Minutes February 24, 2020 That the proposed Contract Planner I to Full-time Planner I position (budget impact of $20,900), be deleted. Yes (2): Councillor Neal, and Councillor Traill No (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, and Councillor Zwart Motion Lost on a recorded vote (2 to 5) Resolution # GG -142-20 Moved by Councillor Traill Seconded by Councillor Neal That the air quality peer review in the amount of $30,000 be added to the 2020 Budget, to be funded by the tax levy. Carried Resolution # GG -143-20 Moved by Councillor Neal Seconded by Councillor Traill That the Library Master Plan Study in the amount of $50,000, be deleted. Motion Lost Resolution # GG -144-20 Moved by Councillor Zwart Seconded by Councillor Anderson That the accessibility upgrades for the Orono Town Hall in the amount $75,000 be added and funded through the tax levy; and That that a loan in the amount of $75,000 be extended to the Orono Town Hall board. Carried Later in the Meeting, see following motion Resolution # GG -145-20 Moved by Councillor Neal Seconded by Councillor Traill That the non -loan portion in the amount of $75,000 be funded through the Rate Stabilization Reserve Fund. Motion Lost The foregoing Resolution #GG -144-20 was then put to a vote and carried. 14 3 TFI Claritwma Resolution # GG -146-20 Moved by Councillor Hooper Seconded by Councillor Traill Special General Government Committee Minutes February 24, 2020 That the George Street reconstruction in the amount of $25,000 be added to the 2020 Budget, to be funded by the tax levy. Carried Resolution # GG -147-20 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting until 5:00 PM. Carried Councillor Hooper left the meeting. Recess Resolution # GG -148-20 Moved by Councillor Traill Seconded by Councillor Neal That the Committee recess for 5 minutes. Carried Councillor Hooper returned to the meeting. The meeting reconvened at 4:39 PM with Mayor Foster in the Chair. Resolution # GG -149-20 Moved by Councillor Neal Seconded by Councillor Traill That the unspent funds from 2019 Budget, in account 100-32-334-10390-7540 Safe Roads - Rd Improvements Improvements (approximately $50,000), be carried over to the 2020 Budget to be allocated to the Wilmot Creek Railway Crossing improvements. Carried Resolution # GG -150-20 Moved by Councillor Traill Seconded by Councillor Zwart That Parkway Ave. Reconstruction in the amount of $385,000 be added to the 2020 Budget with $360,000 to be financed though the Road Capital Reserve Fund. Carried 15 3 TFI ClaritwmaSpecial General Government Committee Minutes February 24, 2020 Resolution # GG-151-20 Moved by Councillor Zwart Seconded by Councillor Anderson That Patterson Road bank stabilization remediation work to correct the erosion of the bank on Patterson Road in the amount of $200,000, be added to the 2020 Budget and funded through the Tax Rate Stabilization Reserve Fund. Carried Suspend the Rules Resolution # GG -152-20 Moved by Councillor Traill Seconded by Councillor Zwart That the Rules of Procedure be suspended to extend the meeting for an additional 2 minutes. Carried Suspend the Rules Resolution # GG -153-20 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting for an additional 5 minutes. Carried Resolution # GG -154-20 Moved by Councillor Neal Seconded by Councillor Jones That the tax levy increase be capped at 2%. Motion Lost The foregoing Resolution #GG -123-20 was then carried as amended on the following recorded vote. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart 16 3 TFI ClaritwmaSpecial General Government Committee Minutes February 24, 2020 9. Unfinished Business 9.1 Report FND-027-19 Audit Committee and Value for Taxpayer Committee 10.1 Confidential Report CAO -007-20 -Organizational Structure Review -Human Resource Issues 10.2 Confidential Report CAO -008-20 - Director Contracts Resolution # GG -155-20 Moved by Councillor Neal Seconded by Councillor Zwart That Unfinished Business Item 9.1, Report FND-027-19 - Audit Committee and Value for Taxpayer Committee and Confidential Reports Items 10. 1, CAO -007-20 - Organizational Structure Review - Human Resource Issues and Item 10.2, Report CAO -008-20 - Director Contracts, be tabled to the March 2, 2020 Council Meeting. Carried 10. Confidential Reports 10.1 Confidential Report CAO -007-20 -Organizational Structure Review -Human Resource Issues 10.2 Confidential Report CAO -008-20 - Director Contracts Confidential Reports CAO -007-20 and CAO -008-20 we tabled to the March 2, 2020 Council Meeting, earlier in the meeting. 11. Adjournment Resolution # GG -156-20 Moved by Councillor Traill Seconded by Councillor Hooper That the meeting adjourn at 5:03 PM. Carried Mayor 17 3 TF1 Deputy Clerk Historic Downtown Bowmanville Business Centre (BIA) Board of Management Meeting Minutes Tuesday January 14, 2020; 6:30pm Clarington Meeting Room 1-C Present: Edgar Lucas, Chair Laura Holmes, Secretary Gerri Lucas, Treasurer Cathy Holmes Ron Hooper Morgan James Absent: Justin Barry Carrie Hooper Delegations Present: None The meeting was called to order by the Chair. 1. Presentation by Delegations The Chair recognized that no delegations were present. 2. Adoption of Minutes Moved by R. Hooper, seconded by C. Holmes THAT the minutes of the meeting of November 12, 2019 be approved as circulated. CARRIED 3. Business Arisine from Previous Minutes (a) Nerivon Historic Downtown Bowmanville 2 January 2020 Business Centre (BIA) i. OBIAA regarding 2020 membership application process ii. Anne Greentree, Municipal Clerk, regarding council resolution GG -454-19 (via email) iii. Doug McShane, Royal Canadian Legion, thanking BIA for use of street banner poles Moved by M. James, seconded by G. Lucas THAT the correspondence be received for information THAT a letter of response be issued on item 4.ii CARRIED 5. Historic Downtown Bowmanville Business Centre (BIA) (c) Membership Relations January 2020 Historic Downtown Bowmanville 4 January 2020 Business Centre (BIA) (c) Business Member Changes Violet Door Books has closed Strudelicious has relocated to Newcastle Little Buck grand opening is scheduled for February 8 Counselling Connections has relocated outside of the BIA 8. Date of Next Meeting The next meeting of the Board of Management is scheduled to be held on Tuesday February 11, 2020 commencing at 6:30pm in Clarington Meeting Room 1-C. 9. Adjournment Moved by R. Hooper, seconded by M. James THAT the meeting adjourn. The meeting adjourned at 9:20pm. CARRIED 3 �� NEWCASTLE VILLAGE COMMUNITY HALL BOARD December 17, 2019 Council Chambers 7:00 PM Present Were: Barry Carmichael Sierd DeJong Janeen Calder Marg Zwart, Councilor Regrets From: Grandville Anderson Councilor Kevin Symak Robert Malone Also Present: Gabrielle Bell, Secretary 1. That 3 month LOA is accepted and will be reviewed if necessary after 3 months. Present Were: NEWCASTLE VILLAGE COMMUNITY HALL BOARD Sierd DeJong Janeen Calder Marg Zwart, Councilor January 212020 Council Chambers 7:00 PM Regrets From: Grandville Anderson Councilor Robert Malone Kevin Symak Barry Carmichael Also Present: Gabrielle Bell, Secretary Crystal Yaki As we did not have quorum election process tabled to February meeting. Crystal Yaki and Janeen Calder have put their names forward for election. 1. MINUTES As we did not have quorum minutes tabled. 2. BUSINESS ARISING a) A/C - 3 Ton $7000.00 to purchase -tabled no new information available at this time. Municipality will investigate electrical as it will require 240V Can we rent with option to buy so we can see if this option will work for us? b) Toured building at end of meeting. c) Custodial Attendance at board meeting - tabled d) Snow Removal -tabled e) Town Hall Lights will be removed on Wednesday of this week. 3. FINANCIAL REPORT Tabled 4. INVOICES Tabled 3 �❑ 5. CORRESPONDENCE a) Municipal papers received for financial review of records. Due February 28 2020. b) Secretary as member of Horticultural Society received notice that Society would like to return care of gardens to Hall Board. Discussed Horticultural Society has taken care of new gardens for past 10 years as it was their project in partnership with hall to increase gardens. With understanding they would maintain. Invitation will be sent to Bonnie Bedford to attend next meeting to discuss in detail. c) Thank you letter from Newcastle Santa Parade committee for use of hall to allow students to gather and put on costumes prior to and after parade. d) Letter received from Municipality Planning Dept. (Sarah Allin) regarding public art work to be displayed throughout Newcastle The West 5each 45s0ciation " &C, is kctter l»} the lake., and we love to share it." F.st. I 18, Oarington's Oldcst C_onmujnit�jAssc�ci.3tion 1 E cisall flve111_1e, bowrrlanvil1c, OnFario L �_ ? 7��5-L February 10, 2020 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Dear Mayor and Councillors: On behalf of the cottage community of the West Beach of Port Darlington, I am again taking the liberty of sending you our annual progress report on developments in the new park on our beach. The Flood Number Two Again this year, for the second time in three years, we experienced abnormally high water levels with the water even higher than in 2017 (which was the highest since 1947). The reason for this great increase in the lake water level is up for debate, but one Would expect that the control dams at Cornwall are somehow involved. The high water levels resulted in the flooding of parts of the upper road, the erosion of up to 40 feet of the front beach, and the destruction of the sand clunes. As out, cottages are set far back from the lake and the marsh, there was no damage to them and, thus, the flood was only a slight irritant for us. We again sympathize with our neighbours up the road and on Cedar Crest Beach who did experience considerable damage and expensive monetary losses. We, as a commUmty, would like to thank Clarington Council, Municipal Staff, the Durham Regional Police, the Public Works and Parks Departments. and the volunteers who worked so hard, and did so much, to alleviate the situation. Their efforts should never be questioned or forgotten. They were great! With the final drop in the water level, the front beach has mostly returned to its former condition, but, as in 2017, it will never be quite what it was before. As I reported in 2017, about 40 feet of beach has returned and, without the dunes, it is much wider and more level than it was before. It is not, and probably never will be, quite what it was before these two floods, but beaches, being like living things, are always changing and that, in fact, is what gives them their unique beauty. For faced with the power of wind, water. and the ever shifting sands, what could ever stay the same or, for that matter, what ever should. Due to the high water and the resultant condition of the front beach, the use of the park was down considerably from last year, but many people still came and enjoyed it and by mid - 3 TFI August, we were back to normal. The warm weather and water that carried on into September resulted in large crowds on the beach especially on Saturdays and Sundays. The people who come to the beach are mainly family groups, or individuals, who just enjoy the lakefront for its sand and surf. They are all very good and do no damage and, in fact, help to clean up the beach and keep it in fine shape. They are also very supportive of our community and its continued existence. Improvements Due to the flood, the Parks Department was very busy elsewhere, and were not able to do as much in the park this year. As a community our members tried to help fill the void and do as much park maintenance as we could by raking the sand and trimming the grass. Again this year. our members made many improvements to our individual cottages. Cottages were painted, flower gardens were planted, and new steel roofs were installed. Of course, all these improvements make the whole area more appealing to ourselves and all the people visiting the park. Social Events During the summer our community enjoyed several gatherings that included communal suppers and luncheons. The daily meeting of the West Beach City Council, at Gail and Chuck MacDonald's cottage, discussed and settled many West Beach, national, and world problems, at least to our satisfaction. Again, the red-letter day on our beach was the annual West Beach Horseshoe Tournament held on the Civic Holiday weekend. It was the one hundredth anniversary of the tournament that started in 1919 after the end of the Great War. This year 24 people participated and over 130 spectators were in attendance with many of our friends and neighbours from Crystal Beach, the Cove Road and Cedar Crest Beach enjoying the "Big Day." Our community was pleased and Honoured to have two members of Clarington Municipal Council and several members of the municipality's staff visit us this year. We would like to remind all ineinbers of the Council that they are most welcome to come and see us at any time. In closing, I would again like to stress how well this has worked out since Port Darlington West Beach Park was created over ten years ago and how happy our community, and the general public. is with the results. We would like to thank Clarington Municipal Council, their staff, the Parks Department, the Fire Department, the Durham Regional Police and all the members of the general public who use the park and have worked with us to make this dream park, on the beach we love so much, become the wonderful reality it has become. I remain yours respectfully. Q� V G.F Cole President of the West Beach Association P.S. If' you have any questions or comments, please contact me any time at 905-623-2405. 901WE Port Darlington Sands 3 �❑ it a� =i9 A �< .. ijli6l! Y. BIIJlglllgl t(iren Muthptland with 1%ifl4Lach�W ••' � in {he bacHgrnund •- g 7 9 e Nt�,ie. r' r: sst TITY.- A;F� Gx 1 cid I � i Auntre I okilYTStiti s c 11lFJon Murthisor j:i r- 1. a 4 � a • � �Ir,C 4ti � 4 ~ter �-;+ii'j _ J 3 TF E- 1 _ r 'LKm F r- 1. a 4 � a • � �Ir,C 4ti � 4 ~ter �-;+ii'j _ J 3 TF ONTARIOrumiftEMA11111111rB GENERATION Randy Lockwood Senior Vice President, Pickering Nuclear 1675 Montgomery Park Road, 905-391-3493 Pickering ON, LIV 2R5, ESBI Building February 19, 2020 Mayor Ryan, Councillors and Staff Mayor's Office City of Pickering One The Esplanade Pickering, ON L1 V 61<7 Mayor Ryan, Councillors and Staff: randy.lockwood @opg.com OPG Proprietary RE: OPG Operational Update to Pickering Council on Monday, January 27, 2020 We appreciate having had the opportunity to provide you with an operational update on Monday, January 27, 2020. On behalf of the women and men working at Pickering Nuclear, many of whom live in this community, it was my pleasure to report the station recently had the best operational year in its history. Late last year, our outstanding safety record and robust operational performance were recognized by the World Association of Nuclear Operators with an exemplary performance rating -- placing Pickering among the best nuclear stations in the world. 2 ❑ ❑ VCSIJP HFW Rl PXURSHUMZQ/VA0 HW:RI rWe public, our workers and the environment. That is why we have taken great care to ensure the operation of Pickering Nuclear, as well as the planning for its eventual decommissioning, take into account industry best practices, while ensuring that health, safety and security are our top priority. As I have shared with the Canadian Nuclear Safety Commission (CNSC) and our community, OPG recognizes that planning for the decommissioning of the Pickering Nuclear station, and associated timelines, will continue to evolve. It will also benefit from the innovative solutions and technological advances that would support an expedient decommissioning. While the International Atomic Energy Association (IAEA) states a preference for immediate decommissioning in their General Safety Requirements (GSR), they also recognize that decommissioning strategies must be consistent with the national policy for the management of nuclear material, and that immediate dismantlement may not always be practicable when all factors are considered. The document also states that a combination of immediate and deferred decommissioning strategies may be considered practicable dependent on a variety of considerations. The CNSC has confirmed they are satisfied OPG has adequately considered the IAEA General Safety Requirements in the 3 r❑❑ current Pickering Nuclear Preliminary Decommissioning Plan (PDP). As per regulatory requirements, the PDP will be revised every five years. We remain committed to working with the City of Pickering Council and staff over the coming years as we prepare for the end of commercial operations. Once again, I appreciate the opportunity to share information and look forward to continued engagement. Respectfully, Randy Lockwood, Senior Vice President, Pickering Nuclear Copy: Susan Cassel, Clerk, City of Pickering Ryan Turnbull, Member of Parliament, Whitby Colin Carrie, Member of Parliament, Oshawa The Hon. Mark Holland, Member of Parliament, Ajax The Hon. Erin O'Toole, Member of Parliament, Durham - HQMHU2 &FM -100 HP EHUR IEDIX)P HCW I LFNADJ -Uxbridge Jamie Schmale, Member of Parliament , Haliburton-Kawartha Lakes -Brock The Hon. Peter Bethlenfalvy, Member of Provincial Parliament, Pickering2 Uxbridge Lorne Coe, Member of Provincial Parliament, Whitby Jennifer K. French, Member of Provincial Parliament, Oshawa Lindsey Park, Member of Provincial Parliament, Durham The Hon. Rod Phillips, Member of Provincial Parliament, Ajax The Hon. Laurie Scott, Member of Provincial Parliament, Haliburton-Kawartha Lakes - Brock Rumina Velshi, President & CEO, Canadian Nuclear Safety Commission Ken Hartwick, President & CEO, Ontario Power Generation Ralph Walton, Regional Clerk, Regional Municipality of Durham Nicole Cooper, Clerk, Town of Ajax Becky Jamieson, Clerk, Township of Brock Anne Greentree, Municipal Clerk, Municipality of Clarington Mary Medeiros, City Clerk, City of Oshawa John Paul Newman, Director of Corporate Services/Clerk, Township of Scugog Debbie Leroux, Director of Legislative Services/Clerk, Township of Uxbridge Christopher Harris, Clerk, Town of Whitby The Honourable Greg Rickford, Minister of Energy, Northern Development and Mines 3 TF] February 20, 2020 RE: AMO's position on the Legislative Changes in Bill 132 with respect to the Aggregate Resources Act and the Safe Drinking Water Act. Please be advised that Township of Puslinch Council, at its meeting held on January 2, 2020, considered the aforementioned topic and subsequent to discussion, the following was resolved: Resolution No. 2020-010: Moved by Councillor Sepulis and Seconded by Councillor Bailey That Council receives the Intergovernmental item 7.9 Queens Park Update; and That Council direct staff to send correspondence in support of AMO's position on the Legislative Changes in Bill 132 with respect to the Aggregate Resources Act and the Safe Drinking Water Act. CARRIED As per the above resolution, please accept a copy of this correspondence for your information and consideration. Yours very truly, Courtenay Hoytfox Development and Legislative Coordinator 7404 Wellington Road 34, Puslinch, ON NOB 2J0 Tel: (519) 763-1226 Fax: (519) 763-5846 admin@puslinch.ca 3 ®❑ AmoksodafiDn of Municipalities Ontario Cannabis License Act, 2018ERHEWDLARQE IdWDLBDHWLQ 51WDLDSSCDWLRLLQ DQDWNO0iO IMKH MWLL9 LJR x 80kW19WWHBWDLMaV x �PLQWL&HT> LIDWLQ LHTWJPH17, WWDL8V x =30&BWR SHQWDLWBQFVHG/B SMLQ DECM 2GDA1KLHWLkVLa WNWRIDRLIR/B DMIBPWLEO SH8LWWHL3WKSS9E8 UNITIQBHDWE LBDBIILIM XWR1B:WLGHSWHPBU EWRIB:WLGHS WHPEDRWR WBVWHP 0N8DSSCF DWLERHOIB LEX?FSDCWLHWOWBM BWHGt7, )RODEV PBLQDWLM M/ PLR WK)DBIIDWLM6HLQ R,HILBWLMOPHQ WDLR19GWIJLLOWLM WWRPEU WL5Lwgowpmu IHLHDUNHH/ JWPDL H&V RJESDCWHHWWOW 81MLIRLMSIOW rzo Better for People, Smarter for Business Act, - BRLMBO jfWQF WK 3 TFI Aggregates ActKBLWLVCPSRPHWWK DWDDQEOTXElDQSSO LBWLQ®D E9WHIWD8HkVDFVLQ DWII WOQX/DQPHj9HWWR DCa9QLWWLDO WKSM9WEdACl RR aOWHIWDBHkVDFVLjQ KOWN Safe Drinking Water Act6HPVLWLS0WHWOWR QGEESDEWWHU RUB XIYUQQLWK DLO Wfdp61bIauhmm LQWHWHPCND PQTOHVHRPVHD BELWKSM9WR DBOWH WDB HkVDPVL,RD131WDPL QWLaWSDGM WHRV LMWNWEWPHW Kkl WM/020ONS IRIS DPHj9HWWR 1K Safe Drinking Water Act WER9PC99HP811 BEkR Aggregates ActDSSCDWLWOWWKSHQ IIPDNEVPHQHW DWPDBWR lKj9l1DWLW OWQB+OWHE HCHMWXMNV LEWFSDRDSSHDMO SSMBEkRO OWH WDBHPVDWLQ WRS/K BOLSSHDEE QOJISSRLDW HBMWj9 A. 1tI '1 .1,'.01 Highway Traffic ActOVPH1,3G19ffi?FSDO EDDHHBKF BWRLbfR rzo Plan to Build Ontario Together Act BB6iWQ RRB WK J=OBFRSQWj@OFWWWRW QBWB WQV)MEB x BWEVK Development Charges ActLOPHRI349PR LIWLDBMBPHWDQP HEDOMBPHW8HOI i3 BIS SPHW WiSHWOWDEJONG x 6RPVLWN Municipal Act, 2001 DRPVLEVK City of Toronto Act 2006 DEHQPHQBO)ME) BWLQHHWWD[-IV O W NSHOLWWHBBQQ x R Supply Chain Management Act,9HELHRVKEI86BRFVR PDBNIKSBLQDQ DbYPHWDQBPH`W020V Q9'HG WOWWKYSSIRO WDSStWREESDGWLHV x 6HVVLWK Planning Act 0®HQPH19W)RWR/DS80 SHQWBSSHDD RPE"RL D8VRIN .DOCSSHDEMO x 6HPVLWK Liquor Licence and Control ActSH6'LW EFSDRO WBLQWHDHBDWLQDHD jRL)W IIINVLEVRD LEWWKS)RW OTB PSD Provincial Animal Welfare Services Act BBBWQ RRB WK ROFEVROR OBN19 SWL IWWBQEW EVEWD OBFIWK Provincial Animal Welfare Services ActWK SRMOWDWKLYDWHU SB/HVVLEV9LPDff9 HOLBBIIDWLQ 3 TFI Protectin_g a Sustainable Public Sector for Future Generations Act NBQOW WK iRMOBBDER WBSO@EW DOBEWBWR B" $ VVWWVWGR WSSOWR RSOWWBWDW DRDBWO WKMunicipal Act, DQ SHRiNL:PWLWOWDHDSSEWHBJRIWK HDMIBMID PEESDGM 02WDPV BWDPV02WIDPDW SEDPQ El LDLPHEN7DWLWSDGWLHRWDLW LV8WEff3D@DWHM[WKDO8 PSOWH8V H1Kf3D"Lk WLA9/LWMkfLWHPf3Q WLPSDi9WHIZVWMh'1 FODWLOh FH WLBG JRDWLfiEESDGWLHRWDLP ®DbfWIG HHMRHQI 8[bfb"6MWH WOI&DD0& 8®SLWLWKV LM/SFX/l28P99WLBH8i9AWH powered by *fg HIGHER LOGIC ONEWS Clarington Board of Trade and Office of Economic Development March 4, 2020 Mayor Foster and Members of Council Clarington Board of Trade & Office of Economic Development (CBOT) Memo in response to Councillor Traill queries from General Government Committee January 6, 2020 The purpose of this memo is to respond to three questions forwarded by Councillor Traill following the Clarington Board of Trade & Office of Economic Development quarterly update January 6, 2020. CBOT provides a collaborative platform for long-term economic development in Clarington for the benefit of all their stakeholders. CBOT undertakes numerous initiatives to foster growth within the community. Part of their role is to engage and facilitate economic growth through a variety of avenues including promoting of and responding to interest in vacant building and land opportunities in Clarington. 1) Please provide the names of all the real estate agents who have provided information about commercial listings in Clarington to the Clarington Board of Trade in the last few years. Please provide information for last five years, and indicate frequency i.e. Realtor John Doe has had 10 interactions with CBOT in last five years, Realtor Jane Doe has had 25 interactions. Please provide a breakdown as well - if Realtor Jane Doe had 25 interactions, how many were in 2019? In 2018? In 2017? In the time frame of 2015 to 2019 CBOT received information on Clarington Commercial and Industrial property listings from many sources represented by various Real Estate Brokerages, offices and agents. These include but are not limited to Top Cat Realty, CBRE, Colliers International, Cushman Wakefield, Royal Lepage Frank Real Estate, Remax Jazz, Royal Lepage Commercial (Toronto), Coldwell Banker, DMR Real Estate, Royal Service, Remax Rouge and Right at Home Real Estate that we interact with on a regular basis. These property listings represent approximately 90 properties and approximately 47 individual agents. This engagement opportunity is available to all Realtors® with listings in Clarington as it helps to elevate growth opportunities for new and existing business. *** Note this list does not include our work done directly with property owners. 3 :0❑ 2) Please provide details regarding each interaction for any real estate agents who have had more than 15 interactions with CBOT. For example, if realtor Jane Doe had 25 interactions with CBOT, what were the details - what properties were involved? What was the back and forth? Communication on listed properties is not linear. A listing might be open for several weeks to several years. Many interactions with each Realtor® would meet if not exceed the referred to threshold for most listed properties. Interaction with real estate agents can be inclusive of communication via phone, email, face-to-face and social media platforms as well as incoming avenues such as: through Region of Durham, Municipality of Clarington, Province of Ontario and Toronto Global; D❑G[&❑ 2 7 VI outreach avenues through newsletters, conferences, events, advertising/ editorials, community tours, and presentations to real estate offices about opportunities and growth in Clarington. Details regarding interactions with Realtors® about commercial/ industrial properties involve discussions including, but not limited to: property (listing) features, demographics, community strengths, zoning, environmental features, servicing, utilities, infrastructure, workforce, development charges and tax rate, and the development process. CBOT staff are not Realtors®, rather they support the promotion of properties and connect business to opportunities. Real estate transactions are confidential between the two parties (Realtor(& and buyer/lessee). Once the property transaction is completed, CBOT remains engaged and provides strategic guidance to business, benefiting economic growth. 3) How many deals, since the inception of the contract with CBOT, have been initiated by the Clarington Board of Trade that brought new businesses employing over 50 employees to Clarington? Over 30 employees? CBOT plays a key role in attracting business to our municipality, as we did with Toyota, (IIJV I1111A REHD1C$DNR❑V1I111UTN1E❑G0 DF❑R❑DZE2 3* V&RISRLrMU Headquarters, Canada Rubber, Mettrum (now Canopy), Cannapiece, Owasco, Optima Health, and Clearwater Structures, but also in supporting the growth of the current businesses within Clarington. In addition, we have played a key role with dozens of businesses under 30 employees that will make a big impact on our community. In addition to new investment we have encouraged, facilitated and supported the retention and expansion efforts for Canada Rubber, Black and MacDonald, Abzac, CIMA, Greeley Containment, Ivan B. Wallace, P.I. Tool, AWC Company, Alpa Pre - Engineered Panel Systems, Joeys World, Lakeridge Health Bowmanville, Vintners Cellar, Sunlife, Manantler, Davey Truck and Trailer, Easthill Outdoors, Shooters and Shots. A primary focus for CBOT is providing business retention and expansion services for a community with approximately 6400 businesses currently operating in Clarington. Most Clarington businesses are sole proprietorships and have fewer than 50 employees with the exception of OPG, The Municipality, Lakeridge Health, St Marys ONEWS Cement, Algoma Orchards, Black and MacDonald, Ell -Rod Holdings, and Canada Rubber Group. &❑2 7Voutreach efforts continue to execute numerous business support initiatives to facilitate expansions, access to funding information, land and building space, marketing initiatives, development information, workforce stats, partnerships, connection to resources and community integration ❑ fostering entrepreneurship, business retention and expansion, ultimately keeping the existing business community moving the economy forward. In addition to the efforts made by CBOT to engage, promote and educate business and Realtors® on the opportunities in Clarington, there are numerous factors influencing decisions for a business of any size. These factors include timing, market access, operational costs, transportation, infrastructure, servicing, costs for land/space/lease rates, and utilities. The decision for a business to locate to a community is also influenced by many non-financial factors which are still significant when making their choice. These include community factors such as: labour force, political stability, local amenities and services, ability to connect to resources, and an approach in supporting a seamless transition. CBOT are experts in leveraging and promoting community factors working tirelessly to ensure successful transition of business, which in turn, strengthens our economy. CBOT is committed to activities supporting the function of economic development ❑ ❑IF❑ I1,1=E1MH_2 ❑WEIRD 1J7ISJV6 DERE R[C=JQK(WEED❑G5 ❑ =III1aUX71WIU process of fostering an environment that results in the creation of wealth and well- EFUJ1IRE1WFEEFEHMM3VH3W P ❑❑IVZFn On behalf of the Board of Directors Clarington Board of Trade 3 �❑ From: Terrens Wellness <terrenswellness(a_bellnet.ca> Sent: Friday, February 21, 2020 12:17 PM To: Gallagher, June <JGallagher(a clarington.net> Cc: Patenaude, Lindsey <LPatenaude(a-)_clarington.net> Subject: RE: Orono BIA Executive EXTERNAL June Thank you for clarifying. I hope this is what you are looking for. Executive Chair []Karen Lowery Terrens Wellness Centre Secretary ❑ Julie Cashin-Oster ❑ Orono Weekly Times Treasurer []Tammy Rendell ❑ Orono General Store Council ❑ Marg Zwart Directors Yvonne Maitland ❑Apple Blossom Heather Maitland []Strands Studio Ashlen Morrison C Buttercup Hollow Pantry Kelly Addison ❑ . H0A'T +H❑[EC❑J H Scott Story ❑ The Garden Path Members Tina Barrie ❑ Soper Creek Yarn Allistar Maccrae -]Orono Antique Market Prisco Teves Jr. Main Thru Church Antique Mall Valerine Lacroix The Fire Hall Bistro Ron Liu Sunnys Restaurant Amin Raydah ❑ Orono Village Restaurant Raymond Bishay ❑ Stutts Pharmacy EliseJohnston - Critter World Kim Tooze []All for the Woof Jay Longhurst []Twisted Pizza & Wings Jac Woog & Young Ran Park Mister Convenience Store & LLCBO 3 T❑ ENBRIDGE February 20, 2020 Mayor Adrian Foster Municiplaity of Clarington 40 Temperance St, Bowmanville, ON L 1 C 3A6 Dear Mayor Foster and Members of Council, Re: Natural Gas Expansion Program Update Enbridge Gas Inc. 6 Colony Court Brampton, ON L6T 4E4 In December 2019, the Government of Ontario announced its plans to further increase access to natural gas by making financial support available for new expansion projects. 7KH-L RYH- P HM" DX-DOI1 DVS CSDC 3 [R1 EDP Coffers an opportunity to drive economic development and enhance the quality of life and prosperity of families and businesses across Ontario. As your Regional Director for Enbridge Gas Inc., ,B TEMI❑ to provide an update on next steps, and how we can work together to bring natural gas to unserved communities in Ontario. Enbridge Gas will submit project proposals to the Ontario Energy Board (OEB) based on Guidelines that are currently under development. The OEB will review project submissions and provide a report to the Ministry of Energy, Northern Development and Mines later this year recommending potential natural gas expansion projects that the Ontario government could consider as candidates for financial support. The Ministry of Energy, Northern Development and Mines will review the recommendations of the OEB along with other considerations and issue a decision on future natural gas expansion projects eligible to receive financial support. Your municipality expressed interest in the 2017 Natural Gas Grant Program and may have a project that you would like to submit for consideration as part of the current Natural Gas Expansion Program. The Guidelines to be issued by the OEB are expected to indicate that project submissions will require certain information to be provided to be considered complete ❑ a summary of expected submission requirements is included with this letter. We ask that you confirm your interest to bring natural gas to your municipality by providing a letter of support returned to us within 10-15 business days of receiving this letter. A sample letter of support is also included for your consideration. For more than 170 years, Enbridge Gas has been delivering the energy that Ontarians need and want. With our long history, anchored in our commitment to operational 3 TCI excellence and strong safety performance, Enbridge Gas is in the best position to bring natural gas to currently unserved areas. We have a number of expansion projects underway, and we are committed to building on this success. If you have any questions, please do not hesitate to contact me or your Municipal Advisor, Mark Wilson, at mark.wilson@enbridge.com. Sincerely, Steve McGivery Director, GTA East Enbridge Gas Inc. 3 1❑ �1 ENBRIDGE Natural Gas Expansion Program []Anticipated Submission Requirements The province is helping expand natural gas access to more communities in Ontario through its Natural Gas Expansion Program. The Ontario Energy Board (OEB) has been directed to examine and report back to the Ministry of Energy, Northern Development and Mines on potential natural gas expansion projects to assist the provincial government in determining which future expansion projects will receive government funding. Enbridge Gas Inc. will submit project proposals to the OEB based on M[2 ( ❑VCGuidelines, which are currently under development. Based on the draft Guidelines issued by the OEB (EB -209-0255), Enbridge Gas Inc. anticipates it will be required to include letters from the Band Council(s) and/or local government, as applicable, stating support for proposed projects and providing details of any commitment to financial support. Although Enbridge Gas Inc. is not currently aware of any requirement for municipal financial contributions to qualify for grant funding under the Natural Gas Expansion Program, the Company EH&MWIVOMP XQ SSDWVI FFUYEX1NZQVE DEG:S:F4t FWRVNIHd [P XQcipal portion of property taxes recovered on the new infrastructure being built for a period of 10 years) Z RX®I&P F hlAWFRP P XQWV VXSSR i[STZSRvI-IGS RZ WVFRQNE /CP DC -i❑ is up to the discretion of the municipality or First Nation in consultation with Enbridge Gas Inc. Note: To support project economics, councils should understand that Enbridge Gas Inc. will apply a 23 cent/m3 System Expansion Surcharge to all customers connected through the proposed project for a defined period of time of up to 40 years as a contribution toward recovery of the cost of the proposed project. For Enbridge Gas Inc. to complete its submission to the OEB, we will be looking to gather the following information for proposed projects and may EHVM-UQI FRCP XCIFLSDmNV-1 assistance: 1) Map of desired service area, including: a. Residential dwellings within the potential service area b. Commercial dwellings within the potential service area c. Industrial properties (excluding farms) within the potential service area d. Farms and agri-businesses (grain elevators, feed manufacturing, etc.) within the potential service area e. Institutional buildings (municipal facilities, schools, hospitals, etc.) within the potential service area 2) Information regarding the primary heating source in your community, including: a. Number of properties currently heated using electric baseboard b. Number of properties currently heated using electric forced air c. Number of properties currently heated with propane d. Number of properties currently heated with oil e. Number of properties currently heated with wood Project submission requirements have not yet been finalized by the OEB. We will notify municipalities if additional information is required for purposes of our submission to the OEB. Please send your information to your municipal advisor or savewithgas(@enbridge.com. 3 �❑ February 2020 Dear REGIONAL DIRECTOR, Re: Expression of Support for Natural Gas Expansion to MUNICIPALITY/PROJECT NAME In December 2019, the Government of Ontario announced plans to further increase access to natural gas by making financial support available for new service expansion projects. This Natural Gas Expansion Program will unlock financial support needed to expand natural gas service to new areas across Ontario that are not economically feasible without support. Our municipality is one such area, and we are eager to bring this affordable, reliable fuel source to our residents and businesses. On behalf of MUNICIPALITY, I would like to formally express our interest to have PROJECT NAME included on Enbridge Gas list of projects being proposed to the Ontario Energy Board (OEB) for consideration for financial support through the Natural Gas Expansion Program. Based on the draft Guidelines issued by the OEB (EB -2019-0255), we are aware that Enbridge Gas Inc. may be required to include support for the proposed project from Band Council(s) and/or local government, as applicable, demonstrated through a written expression of support and/or a commitment to financial support in its project submissions. Natural gas is the most common, affordable heating fuel in Ontario. We fully support the efforts of Enbridge Gas Inc., the OEB and the Ministry of Energy, Northern Development and Mines. We look forward to working together to expand natural gas access in our community to attract new opportunities, help create jobs and lower monthly costs for our residents. Sincerely, Name Title Municipality Name Contact Information 3 TFI • ron ClatVgt011 Memo If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Mayor and Members of Council From: Andy Allison, CAO Date: March 5, 2020 Subject: Natural Gas Expansion Program Item 10.2 on the March 9, 2020 General Government Committee Agenda is a letter dated February 20, 2020 from Enbridge Gas Inc. This correspondence relates directly to goal B.3 of the Strategic Plan which is to "create partnerships to promote investment in infrastructure to make natural gas more accessible." In sections 2.15, 2.16 and 2.17 of Report CAO -015-19, Council was advised that staff were in discussions with Enbridge Gas regarding Provincial initiatives that may help facilitate the expansion of natural gas into unserviced parts of Clarington. Based on these discussions (which have been ongoing), staff are recommending that Council endorse sending a letter to Enbridge's Regional Director in the form attached to their February 20, 2020 letter and that the "project" be described as "North Clarington (Tyrone, Haydon and Enniskillen)". Through our discussions with Enbridge, we are aware that the North Clarington project has been previously assessed by Enbridge. As a combined project, it is currently identified as being the most economically feasible of possible natural gas expansion projects in Clarington, giving it the best chance to receive funding under the Province's Natural Gas Expansion Program. I was advised yesterday that Enbridge is planning to conduct market research (face-to- face surveys) in the North Clarington community (Enniskillen, Haydon, Tyrone) to gauge interest and gather information. They plan to conduct a short survey that will take about 6-7 minutes on weeknights (Mondays -Thursdays, from 3-7:30) and three Saturdays (from 10 a.m. — 5 p.m.). They plan to undertake this research commencing on Saturday, March 7 and ending on Saturday, March 28. Surveys will be administered by professionals, through a company called Forum Research. All interviewers will carry ID badges, and identify that they are working on Enbridge's behalf. Z,_7 Andy <11ison CAO The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 3 I❑ Town of Whitby 575 Rossland Road East Whitby, ON L1 N 21VI8 905.430.4300 whitby.ca February 19, 2020 r Whitb y Re: Impact of CN Blockade on Whitby Businesses Please be advised that at a meeting held on February 18, 2020, the Council of the Town of Whitby adopted the following as Resolution # 24-20: Whereas Indigenous communities and supporters have been protesting the construction of the Coastal GasLink pipeline in northern British Columbia, including through the establishment of blockades along Canada's rail lines and by temporarily blocking bridges and highways; and Whereas there is a need to work with Indigenous and non -Indigenous peoples to find solutions to the concerns raised; and, Whereas the blockades have had a significant impact on the transfer of goods and people across the country, including disruptions to the economic activity of Whitby businesses, such as Gerdau; and, Whereas Whitby businesses that are unable to transport their goods to market in a timely manner have contacted their local elected officials, concerned with the losses of millions of dollars in revenue due to the blockades; Now Therefore be it Resolved: That the Council of The Corporation of the Town of Whitby calls upon the federal and provincial governments to end the blockades to CN Rail urgently and safely, while maintaining dialogue with Indigenous communities to address their concerns; and, 2. That the Clerk be directed to circulate a copy of this resolution to the Prime Minister, Minister of Transportation (Canada), Premier of Ontario, Minister of Transportation (Ontario), Ontario Attorney General, Local MPs and MPPs, and Durham Area Municipali�s. Kevin Narraway Manager of Legislative Services/Deputy Clerk 3 [Ell] Copy: Right Honourable Justin Trudeau, Prime Minister of Canada - justin.trudeau(cD-parl.gc.ca Honourable Marc Garneau, Minister of Transport - marc.garneau parl.gc.ca Honourable Doug Ford, Premier of Ontario - premier _ontario.ca Honourable Caroline Mulroney, Minister of Transportation — carol ine.mulroney(a)-pc.ola.org Doug Downey, Attorney General of Ontario — doug.downey(a-)-pc.ola.org Ryan Turnbull M.P. - Ryan.Turnbull(a-)-parl.gc.ca Lorne Coe, M.P.P. - lorne.coe(D-pc.ola.org N. Cooper, Director of Legislative and Information services, Town of Ajax — clerks ajax.ca B. Jamieson, Township of Brock - bjamieson(a-)-townshipofbrock. ca A. Greentree, Municipal Clerk, Municipality of Clarington - clerks(a-)-clarington.net M. Medeiros, City Clerk, City of Oshawa - mmedeiros(a-)-oshawa.ca S. Cassel, City Clerk, City of Pickering — clerks ,pickering.ca J. Newman, Municipal Clerk, Township of Scugog - jnewmanRscugo. D. Leroux, Clerk, Township of Uxbridge - dleroux(a-town.uxbridge.on.ca 3 [Pill ri. February 3, 2020 All Ontario Municipalities Dear Sir/Madame: eaunig of Nafi&ntm P.N. Box 399 - II Newcastle Street Minden. Ontario KOM 2KO 705-286-1333 phone 705-286-1829 fax Re: Tourism Oriented Destination Signage Fee Increases Warden Liz Danielsen f ichael Ratter, GHD mrntter (cD caunty.holihnrtun.on.ca Haliburton County and our local municipalities recently became aware of a significant increase in fees being charged to businesses by Canadian Tourism Oriented Destination Signage Limited. In a time when every effort is being made to remove barriers to prosperity, this change will take money directly from the "bottom line" of small and medium sized businesses and not -for -profits across the Province. At their most recent meeting, Haliburton County Council passed the following resolution: Whereas the Ministry of Heritage, Sport, Tourism, and Culture and the Ministry of Transportation supervise the delivery and maintenance of tourism oriented destination signage through a third party — Canadian TORS Limited; And Whereas our tourism stakeholders and other enterprises rely heavily on this signage to direct customers to their businesses; And Whereas Canadian TORS Limited recently advised their customers that fees will be doubling, beginning in 2020; And Whereas this will result in significant financial hardship for those business owners: Now therefore, be it resolved that the Haliburton County Tourism Committee and Haliburton County Council request that the Minister of Tourism, Culture and Sport and the Minister of Transportation reconsider or phase in this fee increase, allowing an appropriate amount of time for businesses to adjust; And finally that those municipalities that support the resolution be requested to advise the Ministers noted above and their local MPP of their support. All of the municipalities in the County of Haliburton recognize the value of this signage and the need for cost increases to meet inflation; however, we are asking that this fee increase be reconsidered and phased in to ease the burden on our stakeholders. Thank you for your consideration of our request. Y;Liz urs truly Danielsen Warden 3 UE❑ Clarington Staff 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: March 9, 2020 Report Number: EGD -004-20 Submitted By: Ron Albright, Acting Director of Engineering Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: R.40.14 By-law Number: Report Subject: Servicing of Industrial Lands in South Courtice - Courtice Court Update Recommendations: 1. That Report EGD -004-20 be received; 2. That Council approve the use of an additional $130,000 (including net HST) from the Strategic Capital Reserve Fund to pay for the local servicing costs of the two additional properties that declared they are unable or unwilling to participate in the servicing costs at this time (revised total amount of $710,000 (incl. net HST)); 3. The Mayor and Clerk be authorized to execute the agreement on the Municipality's behalf; 4. That staff report back on the award of the tendered work pending execution of the agreement between the Municipality of Clarington and the participating landowners of Courtice Court and Progress Drive; and 5. That all interested parties listed in Report EGD -004-20 and any delegations be DG-_HG_R T R_1JJLOIIGl+LAR❑❑ 3 T❑ Municipality of Clarington Report EGD -004-20 Report Overview Page 2 This report outlines the basis for recommending the use of additional funding from the Strategic Capital Reserve Fund to assist the existing landowners and businesses with sanitary sewer and watermain servicing on Courtice Court. Additional funding has been requested as two properties have withdrawn their commitment to participate. This economic development initiative is very important to incenting new development in the area as well as allowing existing businesses to expand. 1. Background 1.1 As an update and follow-up to Report EGD -009-19, and resolution #GG -243-19 which states: "That Council approve the recommendations contained in Report EGD -009-19, in principle, pending a written legal opinion from the Municipal Solicitor regarding the mechanism for ensuring that the money will be repaid to the Strategic Capital Reserve; and That the final agreements be subject to Council approval."; Staff have had the design work completed and tendered. While reviewing the tendered amount and associated cost sharing arrangement totals with the original participating landowners, two landowners decided they were not able to participate. 1.2 The total project costs associated with these two additional properties are $150,000 (incl. net HST), bringing the total required amount to fund the non -participating landowners share to $710,000 (incl. net HST). The tender came in slightly lower than was estimated providing a $20,000 (incl. net HST) reduction for the original non- participating lots resulting in a net additional amount of $130,000 (incl. net HST). 1.3 In order to ensure that the terms of the use of this funding are met, namely that the funds be repaid, staff have requested that the Region of Durham seek approval for including an Endeavour to Collect clause in the Regional Servicing Agreement with the Municipality of Clarington for the lots that are not participating. The amount of this Endeavour to Collect is estimated to be $710,000 (incl. net HST) but will be updated to reflect the final actual total project costs for the works. 1.4 For the non -participating lots that are not yet developed, there is an additional opportunity to ensure collection of these funds. The Municipality, when considering a site plan application from these lands, will make it a condition of the site plan agreement that servicing costs for water and sanitary sewer associated with that lot are repaid to 3 TF1 Municipality of Clarington Report EGD -004-20 Page 3 the Municipality in full plus interest at the Prime Business Lending Rate as reported by the Bank of Canada at and from the date of Substantial Completion of the works to the date of site plan approval. 1.5 Clarington staff have been meeting with the participating landowners over the last 10 months through the completion of the design, approval by the Region of Durham, tendering and acquiring the necessary Ministry of the Environment, Conservation and Parks certificate of approval (C of A). During this time, we have developed a cost sharing agreement with the participating landowners (Attachment 1). Staff are seeking approval in principle of this agreement from Council, and authorization that the Mayor and the Clerk be able to execute the agreement on behalf of the Municipality of Clarington. This request is being moved as part of this report in order to expedite execution of the agreement, and in turn, preparation of the report to Council for approval to award the servicing contract to the successful bidder. 2. Next Steps 2.1 Once the agreement is signed by all parties, staff will report back to Council seeking approval of the award of the contract for the Courtice Court works. 3. Concurrence This report has been reviewed by the Director of Finance who concurs with the recommendations. 4. Conclusion In order to support economic development and the ability for existing businesses to grow, it is respectfully recommended that the Strategic Capital Reserve Fund be used to fund the cost share of the additional non -participating lands to provide local sanitary and water servicing to Courtice Court. All funding will be recovered as per the requirements of the Strategic Capital Reserve Fund. Staff Contact: Ron Albright, Assistant Director of Engineering Services, x2302 or RAIbright@clarington.net Attachments: Attachment 1 -1 Courtice Court Servicing Cost Sharing Agreement Not Applicable List of Interested Parties available from Department. 3 TF1 Attachment 1 to Report EGD -004-20 This COST SHARING AGREEMENT made this XX day of XX, 2020 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") - and - IGRACKI INVESTMENTS INCORPORATED, 9417818 CANADA INC., 2537613 ONTARIO LIMITED, MARIA GRACIETE OLIVEIRA, JOSE OLIVEIRA, DAVY HOLDINGS INC., 1073933 ONTARIO LIMITED, AWC REALTY LTD., and 765345 ONTARIO LIMITED (collectively the "Participating Owners") WHEREAS the Participating Owners are the registered owners of the Participating Lands depicted on Schedule "A"; AND WHEREAS the Municipality intends to undertake the Works; AND WHEREAS each Participating Owner is prepared to fund their Proportional Share of the Costs; THE PARTIES agree as follows: DEFINITIONS AND INTERPRETATION 1. In this Agreement, including in the Recitals and Definitions: "Agreement" means this Agreement; "Costs" means the total actual costs to complete the sanitary sewer and watermain components of the Works, including the costs of materials, labour, design, engineering, professional services, inspections, contract and administration, contingencies, maintenance, and all such other items as reasonably required; 3 1❑ "Project Area" means the area of Courtice Court and McKnight Road shown on Schedule "A"; "Proportional Share" means the fraction of the Costs attributable to a specific Participating Owner in accordance with the tables included at Schedule "C" of this Agreement; "Region" means the Regional Municipality of Durham; and "Works" means the works described in the Courtice Court Watermain, Sanitary Sewer, and Road Reconstruction plans attached as Schedule "B" to this Agreement. 2. References in this Agreement to legislation, including by-laws, shall be deemed to include the words "as amended, revised, re-enacted and/or consolidated from time to time and any successor legislation thereto. GENERAL MATTERS 3. The statements contained in the Recitals, which are to be read as an integral part of this Agreement, are true and correct. Schedules, section, subsection or clause numbers referred to herein shall mean schedules, section or subsection or clause numbers contained in this Agreement unless otherwise specified. WORKS 4. The Municipality acknowledges and agrees it shall tender and construct the Works and shall enter into such arrangements as are required by the Region to activate the sanitary sewer and watermain components of the Works, and to maintain those components until such time as they are assumed by the Region. CONTRIBUTION BY THE PARTICIPATING OWNERS 5. Each Participating Owner individually acknowledges and agrees to pay the Municipality their Proportional Share of the Costs. 6. Prior to the issuance of a purchase order by the Municipality for the commencement of the Works, each Participating Owner agrees to advance to the Municipality their Proportional Share of the estimate of the Costs for the sanitary sewer and watermain components of the Works, as reflected in Schedule "C". 7. If the Costs exceed the estimates reflected in Schedule "C", the Participating Owners shall advance their Proportional Share of the revised Costs within 30 days of receipt of an invoice from the Municipality showing the revised amounts. 8. If upon completion of the Works, the Costs are less than the estimates reflected in Schedule "C", the difference shall be refunded to the Participating owners according to their Proportional Share. 3 1❑ 9. The Municipality agrees that it will use its best efforts to manage and mitigate the Costs. 10. The Participating Owners acknowledge and agree that the Municipality is only responsible for the construction or installation of the Works and this Agreement does not contemplate any additional servicing improvements that may be required by the Participating Owners. 11. The Participating Owners acknowledge and agree that they are solely responsible for any fees or charges that may be assessed by the Region as a condition of service connection with respect to the Works, and they are solely responsible for any and all sanitary sewer or water billing in relation to their lands. PERMISSION TO ENTER 12. The Participating Owners each agree to permit the Municipality, its agents or contractors, to enter upon and have access to their lands as necessary for the purpose of construction, inspection, or maintenance of the Works. DEFAULT 13. The Participating Owners acknowledge and agree that until every Participating Owner's Proportional Share has been advanced to the Municipality, no Participating Owner shall be permitted to connect to the Works. DISPUTE RESOLUTION 14. The Parties shall use their best efforts to settle any disputes arising out of or in connection with this Agreement or its interpretation. If a Participating Owner shall choose to challenge any determination made by the Municipality or, if any claim or dispute shall arise with respect to any of the provisions herein, the Municipality may require that such claim, matter, or dispute be submitted to and settled by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991, whose decision shall be conclusive and binding upon all the Parties, and judgement shall be rendered thereon, provided, however, that the Participating Owners shall continue their performance of the terms and conditions of this Agreement before and during any such arbitration proceeding, and provided further that all costs, charges, and expenses arising therefrom and in connection therewith shall be borne by the Party against whom the arbitrator shall decide to rule, or by every Party to the dispute in the case of a mixed result. WAIVER 15. The failure of the Municipality at any time to require performance by any Participating Owner of any obligation under this Agreement shall in no way affect its right thereafter to enforce such obligation, nor shall the waiver by the Municipality of the performance of any obligation hereunder be taken or be held to 3 1❑ be a waiver of the performance of the same or any other obligation hereunder at any later time. The Municipality shall specifically retain its rights at law to enforce this Agreement. ADJUSTMENTS TO SCHEDULES 16. Notwithstanding anything contained in this Agreement to the contrary, it is understood, acknowledged and agreed by the Participating Owners that the Schedules appended hereto that detail the Works and the Costs are approximations and they have been inserted only for the purpose of illustrating the methodology to be employed by the Municipality in determining each Proportional Share. The information contained in the Schedules is intended to be updated when more precise information becomes available. ADMINISTRATION 17. Any notice, demand, acceptance or request required to be given hereunder in writing, shall be deemed to be given if either personally delivered or mailed by E- mail, registered mail, postage prepaid, at any time other than during a general discontinuance of postal services due to a strike, lockout or otherwise, and addressed to the Municipality or the Participating Owners at the addresses set out below: The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Attn: Director of Planning Services Tel: 905-623-3379 Fax: 905-623-6020 Igracki Investments Incorporated 1 Progress St. Courtice, ON L1 E 2T3 2537613 Ontario Limited 8611 Weston Rd. Suite 21A Vaughan, ON L4L 9P1 Maria Graciete Oliveira 21 Courtice Ct. Courtice, ON L1 E 2T4 3 TFI Jose Oliveira 21 Courtice Ct. Courtice, ON L1 E 2T4 Davy Holdings Inc. 1307 Wharf Rd. Pickering, ON L1W 1A5 107933 Ontario Limited 701 Rossland Rd. E. Suite 370 Whitby, ON L1 N 9K3 AWC Realty Ltd. 60 Courtice Ct. Courtice, ON L1 E 2T3 765345 Ontario Limited 93 Sunset Trail North York, ON M9M U7 or such change of address as the applicable Party has by written notification forwarded to the Municipality and the other Parties. Any notice shall be deemed to have been given to and received by the Party to which it is addressed on the date it is personally delivered, or on the fifth (5t") business day after the mailing thereof, whichever is earlier. 18. This Agreement is binding upon and shall be enforceable by and against the Parties, their heirs, executors, administrators, successors and assigns. 19. If any provision of this Agreement is determined by a Court of competent jurisdiction to be illegal or beyond the power, jurisdiction, or capacity of any party bound hereby, such provision shall be severed from this Agreement and the remainder of this Agreement shall continue in full force and effect and in such case the parties shall negotiate in good faith to amend this Agreement in order to implement the intentions as set out herein. It is agreed and acknowledged by the parties that each is satisfied as to the jurisdiction of each party to enter into this Agreement. The parties agree that they shall not question the jurisdiction of any party to enter into this Agreement nor question the legality of any portion hereof, nor question the legality of any obligation created hereunder and the parties, their 3 E❑ successors and assigns are and shall be estopped from contending otherwise in any proceeding before a Court of competent jurisdiction or any administrative tribunal. 20. This Agreement shall be interpreted under and is governed by the laws of the Province of Ontario. 21. The Parties shall execute such further documents and cause the doing of such acts and cause the execution of such further documents as are within their power as the Parties may reasonably request be done or executed, in order to give full effect to the provisions of this Agreement. 22. Time shall be of the essence of this Agreement and each of its provisions. 23. This Agreement may be executed in counterparts, each of which when executed and delivered shall be deemed to be an original, and such counterparts together shall constitute one and the same Agreement. For the purposes of this Agreement, the delivery of a facsimile or e-mail copy of the shall be deemed to be a valid execution and delivery of this Agreement, but the party delivering a facsimile or e- mail copy shall deliver an original copy of this Agreement as soon as possible after delivering the facsimile or e-mail copy. 24. Any reference in this Agreement to a person, entity or object in the singular shall be deemed to include the plural; some apostrophes to indicate the possessive have been omitted. LIST OF SCHEDULES 25. The following schedules are attached hereto and form part of this Agreement: SCHEDULE "A" Project Area Map SCHEDULE "B" Courtice Court Watermain, Sanitary Sewer, and Road Reconstruction Plans SCHEDULE "C" Costs 3 TF1 The Municipality has executed this Agreement by the signature of its duly authorized signing officer on this day of , 2020. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Name: Director of Planning Services I have authority to bind the municipal corporation Authorized by By-law No.2018-046 Igracki Investments Incorporated has executed this Agreement by the signature(s) of its duly authorized signing officers on this day of , 2020. IGRACKI INVESTMENTS INCORPORATED Per: Name: Per: Name: I/we have authority to bind the corporation 3 1❑ 9417818 Canada Inc. has executed this Agreement by the signature(s) of its duly authorized signing officers on this day of , 2020. 9417818 CANADA INC. Per: Name: Per: Name: I/we have authority to bind the corporation 2537613 Ontario Limited has executed this Agreement by the signature(s) of its duly authorized signing officers on this day of , 2020. 2537613 ONTARIO LIMITED Per: Name: Per: Name: I/we have authority to bind the corporation Maria Graciete Oliveira has executed this Agreement on this day of , 2020. MARIA GRACIETE OLIVEIRA 3 1❑ Jose Oliveira has executed this Agreement on this day of 2020. JOSE OLIVEIRA Davy Holdings Inc. has executed this Agreement by the signature(s) of its duly authorized signing officers on this day of , 2020. DAVY HOLDINGS INC. Per: Name: Per: Name: I/we have authority to bind the corporation 1073933 Ontario Limited has executed this Agreement by the signature(s) of its duly authorized signing officers on this day of , 2020. 1073933 ONTARIO LIMITED Per: Name: Per: Name: I/we have authority to bind the corporation 3 1❑ AWC Realty Ltd. has executed this Agreement by the signature(s) of its duly authorized signing officers on this day of )2020. AWC REALTY LTD. Per: Name: Per: Name: I/we have authority to bind the corporation 765345 Ontario Limited has executed this Agreement by the signature(s) of its duly authorized signing officers on this day of , 2020. 765345 ONTARIO LIMITED Per: Name: Per: Name: I/we have authority to bind the corporation 3 1❑ SCHEDULE "A" — Project Area Maa DO to to T3 o 0 I I N ,......... ......... 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Report To: General Government Committee Date of Meeting: March 9, 2020 Report Number: CLD -005-20 Submitted By: Anne Greentree, Municipal Clerk Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: By-law Number: Report Subject: Appointments to Various Boards and Committees Recommendations: 1. That Report CLD -005-20 be received; 2. That the Committee consider the applications for two appointments to the Samuel Wilmot Nature Area Management Advisory Committee, and that the vote be conducted to make the appointments, in accordance with the Appointment to Boards and Committees Policy; 3. That the Committee consider the applications for one appointment to the Property Standards Committee, and that the vote be conducted to make the appointments, in accordance with the Appointment to Boards and Committees Policy; 4. That Shane Armstrong be considered for appointment to the Newcastle Arena Board for a term ending December 31, 2022 or until a successor is appointed; 5. That the Municipal Clerk's Department be authorized to continue to advertise for the remaining vacancy on the Newcastle Arena Board; 6. That Evan King be considered for appointment as a Livestock Valuer for a term ending December 31, 2022 or until a successor is appointed; 7. That Laura Holmes be considered for appointment to the Clarington Tourism Advisory Committee for a term ending December 31, 2022 or until a successor is appointed; 8. That the resignations of Evan King from the Samuel Wilmot Nature Area Management Advisory Committee, and Erin Senior from the Clarington Tourism Advisory Committee, and Glynn Green from the Property Standards Committee, be received; and 3 TF1 Municipality of Clarington Resort CLD -005-20 Page 2 That all interested parties listed in Report CLD -005-20 and any delegations be DGAM- Q RI IT R -G-FlI RCI- TFI Municipality of Clarington Report CLD -005-20 Report Overview Page 3 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. Vacancies to several committees and boards were considered at the General Government Committee of January 27, 2020 arising out of Report CLD -002-20, where direction was given to advertise for the outstanding vacancies. 1.2. Accordingly, tKH10 EQFLSDC LO -NW I-1partment placed an advertisement in the local papers to fill the vacancies to various Committees and Boards. 1.3. Vacancies were also DGJ-il_ M-lG_FUVi H_0 ❑C LRSD3W— F E\/LW, www.clarington.net/committees. 1.4. 1 QIDC E -I I R_VAW.IH VeIQQMA DFKR R❑IDGEHAM-P HDNIR_I DFDCFLL 4V9FiE11 UENW Department has recently created a profile on the www.claringtonvolunteers.ca website. Vacancies on the various boards and committees mentioned in this report were listed as separate opportunities on the Clarington Volunteers website. For the period between January 31, 2020 and March 2, 2020, the page received 66 views and generated interest from three possible applicants. 2. Newcastle Arena Board Background 2.1. 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. 2.2. 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. 2.3. 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. 3 TFI Municipality of Clarington Report CLD -005-20 Current Situation Page 4 2.4. Currently, the Board has five members appointed. Therefore, Council may appoint two members to the Newcastle Arena Board. 2.5. The following individual has put forward an application for consideration: C Shane Armstrong 3. Livestock Valuers Background 3.1. The Municipality is responsible for claims where wildlife have killed or injured livestock or poultry. The Valuer is responsible for investigating claims and determine the type of predator that is responsible. 3.2. Council appoints two Livestock Valuers to investigate livestock claims. Current Situation 3.3. The Municipality strives to have two Livestock Valuers, but at the current time there is only one. Council may appoint one Livestock Valuer. 3.4. The following individual has put forward an application for consideration: F Evan King 4. Samuel Wilmot Nature Area Management Advisory Committee Background 4.1. The Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC) is a group of volunteers appointed by the Municipality of Clarington to assist the Municipality and the Ministry of Natural Resources in managing the Samuel Wilmot Nature Area. The Committee is also dedicated to preserving and improving the condition of the Nature Area for the benefit of the wildlife that resides there and the enjoyment of the residents of Clarington. 4.2. The Committee consists of a minimum of eight citizens, three staff and one Council representative. 3 TFI Municipality of Clarington Report CLD -005-20 Current Situation Page 5 4.3. Evan King was appointed to the SWNAMAC for a term ending in in December 31, 2022 or until a successor is appointed. On January 23, 2020 M 0 LC[FLSDCZ®I1NV❑ Department received notification of his resignation. 4.4. Currently, the Board has nine members appointed. However, the SWNAMAC has indicated that they would be interested in appointing two additional members. 4.5. The following individuals have put forward an application for consideration: ❑ Corey Everett ❑ Maggie Luczak ❑ Kayla Stephens ❑ Jocelyn Whalen 5. Tourism Advisory Committee Background 5.1. 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. 5.2. 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). Current Situation 5.3. Erin Senior was appointed to the Tourism Advisory Committee in February, 2019 for a term ending in in December 31, 2022 or until a successor is appointed. In February, 2020, \NHL0 ❑CLFLSDC❑81f�W HSDOW HC Weceived notification of her resignation. 5.4. The Committee may appoint one member to the Tourism Advisory Committee. 5.5. The following individual has put forward an application for consideration: ❑ Laura Holmes 3 T❑ Municipality of Clarington Page 6 Report CLD -005-20 6. Property Standards Committee Background 6.1. The Property Standards Committee is a quasi-judicial body appointed by Council to consider appeals to orders issued by Property Standard Officers. It is the Committee's role to make an informal, impartial decision. The Property Standards Committee has the following powers under the Ontario Building Code Act: ❑ Confirm the Order or Orders served by the Municipality; or ❑ Quash the Order; or Amend the Order or extend the deadline for compliance. 6.2. A Property Standards Committee member shall be familiar with general rules of the procedure before the administrative tribunals, admissibility of evidence, and the relevant provisions under the Ontario Building Code Act. Current Situation 6.3. Glynn Green was appointed to the Property Standards Committee in February, 2019. for a term ending in December 31, 2022 or until a successor is appointed. In February, ❑❑❑❑❑M0 LCF1SDW(H1NW1 HSDAR DURQ-Rl-his resignation. 6.4. The Committee may appoint one member to the Property Standards Committee. 6.5. ) RML U T R❑CF0VLDSSRLQR HCS 4K):) HE ::(TDQ3MW r- HEi❑ advised that their applications would remain on file for consideration should a vacancy RFF-1"QDFFRL13DCFHT L\K19 i[SR(F-AR_-;DSSFUR HC W -M -O ❑CLFLSDW ®IN❑ Department contacted previous applicants (and any additional applications received since the appointments were made) to determine whether they wish to put forward their name for consideration. 6.6. At the time of writing of this Report, the following applicants wish to be considered for appointment to the Property Standards Committee: ❑ John Bate n Jim Vinson 7. Concurrence Not Applicable. 3 T❑ Municipality of Clarington Report CLD -005-20 8. Conclusion Page 7 It is respectfully recommended that the Municipal Clerk's Department be authorized to continue to advertise for the remaining vacancy on the Newcastle Arena Board. Staff Contact: Michelle Chambers, Administrative Assistant to the Municipal Clerk, 905-623- 3379 ext. 2101 or mchambers@clarington.net. Attachment: Attachment 1 - Confidential Applications (Distributed Separately) Interested Parties: The following interested parties will be notified of Council's decision: All Applicants All Board/Committee Appointment Contacts 3 TFI Clarington Staff 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: March 9, 2020 Report Number: COD -002-20 Submitted By: Marie Marano, Director of Corporate Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: CL2020-1 By-law Number: Report Subject: Plumbing Services Recommendations: 1. That Report COD -002-20 be received; 2. That Brentig Plumbing Inc. with a total bid amount for the initial two year term of $240,609.48 (Net HST Rebate), and a potential contract value of $601,523.70 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-1 be awarded the contract for the provision of plumbing services as required for the various municipal facilities; 3. That the funds expended for these services, be funded from respective facilities approved operating budget as required; 4. That pending satisfactory service the Purchasing Manager, after consultation with the affected departments, be authorized to extend the contract for up to three additional one-year terms; and 5. That all interested parties listed in Report COD -002-20 and any delegations be 3 TF1 Municipality of Clarington Report COD -002-20 Report Overview Page 2 To request authorization from Council to award the contract for plumbing services as required as detailed in Tender CL2020-1 for the various municipal buildings and properties. 1. Background 1.1 Tender CL2020-1 was prepared and issued by the Purchasing Services Division and advertised electronically RO—H-0 CIFLSDDLL-_I_ FELLHT1 RLILLFD_FZQ-R Ii�LHDI_DL®EM--R the document was also posted on the Ontario Public Buyers Association website. Eight Companies downloaded the tender document. 1.2 The Tender closed February 5, 2020. 2. Analysis 2.1 Four bids were received in response to the tender call. 2.2 Of the four companies who downloaded the tender documents but chose not to submit pricing: i) One company was an association for distributing the tender document to its members; ii) Two companies advised that they were not able to meet the tender closing timeline due to current workload; and iii) One company did not respond to our request for information. 2.3 The submissions were reviewed and tabulated by the Purchasing Services Division (see Attachment 1). Two submissions were deemed non-compliant. 2.4 The results were forwarded to the Operations Department and the Community Services Department for their review and consideration. 2.5 After review and analysis by the departments it was mutually agreed that the low bidder ❑ OP ELQT14C F1EH 1-FF;P P F K -GffZ II I7HD❑ DSI EFM-irn❑❑❑-iL-1. 2.6 ❑SOP ELCUIC,(YEhas successfully completed work for the Municipality in the past 3 T❑ Municipality of Clarington Page 3 Report COD -002-20 3. Financial 3.1 The annual cost is approximately $120,304.74 (net HST Rebate). The initial contract term is for two years. The estimated value of the contract for the two years is approximately $240,609.48. 3.2 Pricing received is firm for the initial contract term of two years. 3.3 The Municipality has the option to extend the contract for up to three additional one-year terms pending satisfactory service. The Tender document stipulates that if the Municipality elects to exercise the option to renew the contract for the additional optional one-year terms, then pricing shall be adjusted only on the anniversary date of the Contract award. Proposed price increases should not exceed the annual percentage change in the most recent issuance of the Consumer Price Index (CPI) All items T Ontario, as issued by the Statistics Canada, and remain firm for the rest of that Contract year 3.4 The expended funds will be drawn from respective facilities approved operating budget. 3.5 Queries with respect to the department needs should be referred to the respective Department Head 4. Concurrence This report has been reviewed by the Acting Director of Operations and the Acting Director of Community Services who concur with the recommendations. 5. Conclusion It is respectfully recommended that FH07T3OP ELQTTIFE8 total bid amount for the initial two-year term of $240,609.48 (Net HST Rebate) being the lowest compliant bidder be awarded the contract for the Plumbing Services requirements as per Tender CL2020-1. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379- Ext 2209 or dferguson@clarington.net. Attachments: Attachment 1 -]Summary of Bid Results Interested Parties: List of Interested Parties available from Department. 3 TT Municipality of Clarington Report COD -002-20 C1tVftWjq Page 4 Attachment 1 to Report COD -002-20 Municipality of Clarington Summary of Bid Results Tender CL2020-1 Plumbing Services Note: Bidders marked with * were deemed non-compliant 3 T❑ Total Bid per Bid 2 TOTAL BID Year TOTALTotal Per Years 2 Years BIDDER (including HST) arD (Net HST Rebate) (including (Net HST HST) Rebate) ❑SOP ELQ❑C,F1j1 $133,593.12 $120,304.74 $267,186.24 $240,609.48 Brant Doyle Plumbing $162,160.65 $146,030.69 $324,321.30 $292,061.38 Ltd. Murabelli Corporation Plan Group Inc. * Note: Bidders marked with * were deemed non-compliant 3 T❑ Clarington Staff 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: March 9, 2020 Report Number: COD -003-20 Submitted By: Marie Marano, Director of Corporate Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: Resolution#: Report Subject: Addendum to Co-op RFP -348-2019 (COD-001-20)Consulting and Related Management and Administrative Services for the Supply of Natural Gas Recommendation: 1. That Addendum Report COD -003-20 be received for information. 3 TF1 Municipality of Clarington Report COD -003-20 Report Overview Page 2 This addendum report is to advise Council of a correction to a clerical error in staff report COD -001-20 regarding the award of contract to Blackstone Energy Services Inc. for Consulting and Related Management and Administrative Services for the Supply of Natural Gas. 1. Background 1.1 Report COD -001-20 was submitted to the General Government Committee on January 27, 2020 and subsequently adopted by Council at its February 10, 2020 meeting. 1.2 This report is to advise Council of a correction to recommendation #2 of the abovementioned report. 1.3 Staff report COD -001-20 recommended an award of contract to Blackstone Energy Services Inc. for the provision of consulting and related services for the supply of natural gas for a term of three years for an estimated annual fee of $12,690 (excluding taxes). 1.4 The value of $12,690 included in the report represents the combined total of all 90 of the active accounts for the Municipality of Clarington and the Region of Durham that were included in the co-operative tender. The Municipality currently makes up 22 active accounts within that total, equating to $3,102 (excluding taxes) that should have been the amount recommended for approval in the report. The clerical error is identified here for clarification and correction. The amount that would be payable and therefore paid R --I1 llL i � HLDOHDiDFEHGAR -I_ I_HL0-iARSDOL -I_I_ Li DFFR -i-1L1R�H-HLL R❑TBiL_R1u1DFu have been an overpayment. However, staff wish to advise Council of the clerical error and correct the amount for the official record. 1.5 There are no changes to the other recommendations listed in report COD -001-20. 2. Concurrence The Director of Finance/Treasurer has reviewed and concurs with this addendum report. 3. Conclusion This report is to advise Council of the clerical error contained in staff report COD -001-20 and the subsequent correction to the report. 3 TFI Municipality of Clarington Report COD -003-20 Page 3 Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net. Attachments: Not Applicable Interested Parties: List of Interested Parties available from Department. 3 TFI Clarington Staff 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: March 9, 2020 Report Number: FND-003-20 Submitted By: Trevor Pinn, Director of Finance/Treasurer Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: Resolution#: Report Subject: Community Benefits Charge Update Recommendation: 1. That Report FND-003-20 be received for information. 3 rn Municipality of Clarington Report FND-003-20 Report Overview Page 2 The Province of Ontario released draft regulations pertaining to the Community Benefits Charge. These regulations propose to move recreation facilities, parks and library services back to eligible development charge services. The Province is also looking for feedback on seven key areas related to Community Benefits Charges. 1. Background Bill 108 More Choice Homes Act 1.1 Bill 108, More Homes, More Choice Act, 2019 received Royal Assent on June 6, 2019. While it has received Royal Assent, the Act is not fully proclaimed and enacted. The Province of Ontario released two proposed regulations on June 21, 2019. 1.2 The Act proposed a new Community Benefits Charge (CBC) under the Planning Act ❑MILP-P RE —J EIRI W+LV FH❑❑ LW -HU LE0 _ HWJFH=❑CIMI 1Development Charges Act n &❑FM 1.3 The DCA was amended to move from a list of ineligible services to a list of eligible services which included (as it relates to the Municipality of Clarington): Storm water drainage and control services ❑ Services related to a highway as defined in subsection 1(1) of the Municipal Act, 2001 ❑ Fire protection services ❑ Other services as prescribed 1.4 Services for library, parks, recreation were anticipated to be eligible as a CBC and collected based on a fee subject to a land value cap. The mechanics for the calculation were to be provided in a proposed regulation. 1.5 A proposed regulation in June 2019 had a transitional date of January 1, 2021. 3 rn Municipality of Clarington Report FND-003-20 Draft Regulation Page 3 1.6 On February 28, 2020 a draft regulation was posted by the Province on the Environmental Registry of Ontario and is attachment #1 to this report. The Province is requesting comment by March 30, 2020. 1.7 The Province is proposing to prescribe certain services as being eligible for development charges. These services would include public libraries, parks development (other than acquiring land for parks) and recreational facilities. 1.8 The CBC would complement development charges by giving municipalities flexibility to fund growth -related capital infrastructure costs of other community services such as park land, affordable housing or building childcare facilities. I would note that affordable housing and childcare facilities are the responsibility of the Region of Durham and not a local responsibility. 1.9 If a municipality adopted a CBC, they would no longer be able to apply the Parkland Dedication under the Planning Act. The current requirement is 5% for residential development and 2% for commercial development of the land area. The proposed limit for a lower -tier municipality charging CBC is 10% of the land value the day before the building permit is issued. 1.10 The Province is seeking feedback on seven areas: 1. Required content of a community benefits charge strategy 2. Services eligible to be funded through development charges 3. Percentage of land value for determining a maximum community benefits charge 4. Timeline to transition to the new community benefits charge regime 5. Community benefits charge by-law notice 6. Minimum interest rate for community benefits charge refunds where a by-law has been successfully appealed 7. Building code applicable law 1.11 It is noted that the transition timeline has been amended from January 1, 2021 to 12 months after the regulation comes into effect. This provides municipalities more time to address how they wish to implement community benefits charges, if at all 1.12 The proposed regulations for by-law notice and minimum interest on successfully appealed by-laws are similar to those already in place for development charges. 3 CF] Municipality of Clarington Report FND-003-20 Page 4 1.13 Draft regulations from June 21, 2019 (see attachment #2) propose to exempt long-term care homes, retirement homes, universities and colleges, certain developments of the Royal Canadian Legion, hospices and non-profit housing from the community benefit charge. The recently released proposal does not change that proposal. 1.14 Draft regulations from June 21, 2019 propose several excluded services for which CBCs may not be charged, which are consistent with the former DC ineligible service list including: 1. Cultural or entertainment facilities 2. Tourism facilities 3. Hospitals 4. Landfill sites and services 5. Facilities for the thermal treatment of waste 6. Headquarters for the general administration of municipalities and local boards 1.15 The new proposal does not expand or retract on the list of ineligible services. Given that these services were not previously eligible for development charges there would be no financial impact to the Municipality as we were not previously collecting funds. 2. Impacts to the Municipality of Clarington Increased Eligible Services for Development Charges 2.1 With the proposal to move recreation facilities, parks (non -land) and library services to eligible services under the DCA, there is more certainty that the growth -related costs for these services are able to be funded from development charges, which are based on the cost to provide those services, rather than a land value (which is not tied to the cost to provide the service). 2.2 Further, as there are no longer mandated rebates for services, all of these services are eligible to be funded 100% from development charges. The calculation of development charges does take into account the benefit for existing users, as well as the historical service level (i.e. the amount that the municipality spent) over the past 10 years which may result in recoverable amount which is below 100%; however up until now at least 10% plus those other deductions would be taxpayer funded. 3 rn Municipality of Clarington Page 5 Report FND-003-20 Current Eligible Services No Longer Eligible for Development Charges 2.3 The Municipality currently recovers development charges for animal services and parking. Under the proposed regulations animal services would be a community benefits charge eligible service. We are awaiting confirmation on whether parking would be considered related to roads and therefore development charge eligible or if it would be collected under the CBC. 2.4 The Municipality receives Parkland Dedication under the Planning Act. If a Community Benefits Charge was deemed needed in order to collect for parking and animal services, the total charge for the three areas would be no higher than 10% of the land value. These three services would be subject to similar reporting requirements as the development charges. 3. Concurrence Not applicable. 4. Conclusion It is respectfully recommended that this report be received for information and that staff provide feedback, where appropriate, to the Province as it pertains to the seven areas, they are requesting feedback on. Staff Contact: Trevor Pinn, Director of Finance / Treasurer, 905-623-3379 x.2602 or tpinn@clarington.net. Attachments: Attachment 1 -]Environmental Registry of Ontario Posting 019-1406 pertaining to Community Benefits Authority Under the Planning Act, the Development Charges Act and the Building Code Act dated February 28, 2020 Attachment 2 -1 Environmental Registry of Ontario Posting 019-0183 pertaining to Community Benefits authority dated June 21, 2019 Attachment 3 -1 Letter dated February 28, 2020 from Watson & Associates Economists Ltd. Interested Parties: There are no interested parties to be notified of Council's decision. 3 rn URR®DRUDUUD RRPPN RUUDD E DRN Ontario a Environmental Registry of Ontario Proposed Regulatory Matters Pertaining to Community Benefits Authority Under the Planning Act, the Development Charges Act, and the Building Code Act ERO (Environmental 019-1406 Registry of Ontario) number Notice type Regulation Act Planning Act, R.S.O. 1990 Posted by Ministry of Municipal Affairs and Housing Notice stage Proposal Proposal posted February 28, 2020 Comment period February 28, 2020 - March 30, 2020 (31 days) Open Last updated February 28, 2020 This consultation closes at 11:59cp.m. on: March 30, 2020 Proposal summary Proposed Regulatory Matters Pertaining to Community Benefits Authority Under the PlanningAct, the Development Charges Act, and the Building Code Act Proposal I. INTRODUCTION details In May 2019, the Minister of Municipal Affairs and Housing released More Homes, More Choice: Ontario's Housing Supply Action Plan. In support of the Action Plan, the Minister of Municipal Affairs and Housing introduced the More Homes, More Choice Act, 2019 (Bill 108) which received Royal Assent on June 6, 2019. Schedule 12 of the Act, once proclaimed, establishes a new authority under the Planning Act for municipalities to charge for community benefits with respect to land to be developed or redeveloped. Community benefits charges are intended to fund municipal infrastructure for community services, such as land for parks, affordable housing and child care facilities, that are needed to support new residents and businesses associated with new development. On November 6, 2019, amendments to the community benefits charge provisions under the Planning Act were introduced through the Plan to Build Ontario Together Act, 2019. The Bill received Royal Assent on December 10, 2019. The amendments, set out under Schedule 31 of the Act, include new transition provisions for alternative parkland dedication and a mechanism to appeal a municipality's community benefits charge by- law to the Local Planning Appeal Tribunal. The community benefits charge authority has not been proclaimed and is not in effect at this time. 3 [[E❑❑ �1:7:7�1����11►1 3U RSRBIBHJDDWRUBDWWHUMBJWBPPOWPdoHHILWO WRULWBHUWBI30D 3DJHR1 A municipality could apply the basic parkland dedication rate in which a maximum of either 5% (for example,dor a residential development) or 2% (for a commercial or industrial development) of a proposed development is dedicated as parkland or cash -in -lieu is provided (section 42 "Conveyance of land for park purposes" and section 51.1 "Parkland" under the Planning Act). Alternatively, a municipality could establish a community benefits charge by-law to collect funds to acquire land for parks as well as other community services such as affordable housing and child care. If both a developer and municipality agree, a developer could provide land for parks (rather than a payment). The agreed-upon value attributed to the in-kind parkland contribution would be applied toward the community benefits charge payable. ,IDPOFLSDOLWDDFRPPOWBIBIILWBDUJH0DOSOD FHLWFDRWDSSOWHDOFSDUNODO HOFDWLRSUREORRIWBI3ODOJEW RLPSOHPHWWB HBRPPUWBIBIILWBDUJHDWRULWIAIBIS UROBHLBIHNLJ]HHDFNRZIBI IROOROJIJHJDDWRURDWWHUHUWBI3ODOJEWWB HH0RSPHid✓DUJHBWDid✓BI%OODJ7 RBI BW ITA :1�Ja TA 1111 : :I 31J RSRH6HJ0DWRU0DWWHUMUffi FBPP0W9fiHRIILWO WRULWBHUWEH30D 3DJHR1 Required content of a community benefits charge strategy Services eligible to be funded through development charges Percentage of land value for determining a maximum community benefits charge Timeline to transition to the new community benefits charge regime Community benefits charge by-law notice Minimum interest rate for community benefits charge refunds where a by-law has been successfully appealed Building code applicable law 5HTOUHRIA/HZ/RIDRPPOWgbHHILWDUJH6WUDWHJ0 %HIRUHSDOJDFRP POWBIBIILWBDUJH[DDDPOFLSDOL WBedSUHSDUHDFRPPOWE] HILWO FDUJ HWU DWHJ HWUDWHJPWLHIAILIIA/EHLWHPWDWDR➢FLSDOLWOWHWRIedDRJID FRPPOWBIBIILWBDUJHIWPIAIDORFRPSOOWD0HTOU HPHWIAIDWPDHSUHBULB 00 UHJODWLRIyHJDUOJVVHPDDWRUBRe✓H@✓WDWDWUDVOURIHSUHSDULJDFRPPOWO BIBIILWBDUJHIAtUDWHJDPOFLSDOLWBWFROWIAJDO WHlOHOOOLW`lAdRBIWHUPLHWHLU FRDWDWLRDSSURDFO 3URSRDO RSUROBIJUHDWHUFODULWDRWWBIFRPSRHWRIDFRPPO\UBILWBDUJHWUDWHJOWLSURSRBIO WDWDPOFLSDOLWRDBIH6dWRLBOBIWHIROOROJFRfaWHW LWBILUfaWUDWHJO The anticipated type, amount and location of development or redevelopment that would be subject to a community benefits charge; The anticipated increase in the need for a specific community service (for example, the acquisition of land for parks, affordable housing, child care, etc.) resulting from new development or redevelopment; A parks plan that examines the need for parkland in the municipality; The amount of parkland per person currently being provided in the municipality, and if this is planned to increase, decrease or stay the same; The capital costs associated with the increased need for a specific community service resulting from new development or redevelopment; The excess capacity that exists in those specific services (for example, the extra capacity that exists in a service that is not currently being used); Whether the increased provision of those specific services would also serve existing residents (for example, existing residents may also benefit from new child care facilities that are needed as a result of new development or redevelopment); and, Any capital grants, subsidies, or contributions from other levels of government or other sources like donations that are anticipated to be made to support those specific services. 6HUOFH(DQLDHWR%H)OIRIRJBIOIORSPH®JDUJH0 BIBIBIORSPHWDUJHBWSUROBIDIA/RULW[RUPOFLSDOLWL HWRLPSRBIBIBIORSPHWFDUJHIAJR SD[RUWBILBUHDHBDSLWDOFRWRIHHFLILFBIUOFHWBMMiBIDDUHDWRIBIJIJR@✓0 BIBIUOFHWDWDUHHOLJLDHWRBIIBIWURJHIBIORSPHW FDUJHDUHOLIA/HBIUBIFWLRO RIWBIBIBIORSPH@✓DUJHHWHOLIAJLBOBIDSUROORO RURWBIUHUOFHWDWPDHiSUHBULHIO LDHJDDWLRBI30DOJBWZ/LSDDWHIA/DWBIUOFH[HIO BIBIORSPHWFDUJHBDRWH IBIBRPPOWBIBIILWBDUJHO 3 [[E❑❑ ITA :1�Ja TA 1111 :��J/ Iia 3U RSRBIBHJDDWRUBDWWHUMUffi FBPPOWPdoHHIILWO WRULWBHIUWHI30D 3DJHR1 Public libraries, including library materials for circulation, reference or information purposes; Long-term care; Parks development, such as playgrounds, splash pads, equipment and other park amenities (but not the acquisition of land for parks); Public health; and, Recreation, such as community recreation centres and arenas. EN HORS PHWFDUJHBD9ILPSRENIAIRI0001HFRH UWENFDS LWIMNIJHODWHe✓RWBISUROURRIWHBI SURSRHIHIUOFHHIWRBIJIJRIA/HIHISURSRHIHIUOFHR DR LBO LJLDHWRHIIHIAIIJRJID FRPPOWBIBIILWBDUJHU 3HUFHWDJHRID9DOHIRUHWHUPLOJD0D0PBRPP0W0 %HBIILWO DUJH BIFRPPOWHBILWBDUJHDWRULWHIA/DDLBIAIDRJB/B ORUHRPHORUHRLFHBW LBOBIDPHFDOBWRBIWHUPLBIWBIPDOPBFRPPOWBIBIILW BDUJHSDDDHIRUDHDUWLFDDU BIBIORSPHIAIHFRPPOWBIBIILWBDUJHSDDDHFDRWHBHH WHIDPRWHIWHUPLBIDSSOUJ] DSU HBULHSHUFHedDJHWRWHDOB RIWBIODHUHHORSPIW HOLUiA/U0HHNLJ]HHDFNRWHSURSRHSUHHULEHSHU FHZ/DJHW0RJ➢A/OHRZ/LJ7 3URSRDO HSURSRHSHUFH13JDJHRIODDOHWDWRDBISUHBULB 0 LDHJDDWLRBIUWB30DDJHW RDB WUBWOHD[ROORO 0 Single -tier municipalities: 15% 0 Lower -tier municipalities: 10% 0 Upper -tier municipalities: 5% ,DSDUWLFODUFDHIWBIFRPPOWBIBIILWBDUJHOHOHO DPOFLSDOLWBRDRWHBHHWH DPRWEIWHUPLHDSSOOJWRDSSOLFDDHSURSRHIBHUFH®uIHiJ'vRWBIDOHRIWBIODWDWLO RIHFWWRHBIORSPHWEHODDOBIRDHIFDOFDDWHDR IWHDODWLRDWH0F0IA/BID0 HIRUHWBIDWHWBIOOOJbHUPLWLOB OUHSHFWRIWHI B HORSPHWRUUHHHORSPHW BIFRPPUWHBIILWBDUJHDHOHBUFLSDOLWLHRDO HSRUWWBIJURWOHODWHBDSLWDOFRWO RIDFTOULJDD[RUSDUNDRWHUFRPPUWBIBIILWUHTO UHBIFDRRlBHORSPHl3JBDB000 FDUHIDFLOLWLHDIIRUDOHRUJRFLDOBIUUFHSDUNIIJ®BIU2UFHPHWHUHROB HIA/R RDFRBIFWLRBIWBIHWBIFRPPOWHIBIILWBDUJHOHUHDO IAIRLBUHDBIBIH[RUFRPPOWO HIU0FHDRFLDWHUWH H H 0 R S P H W 3 [[E❑❑ ITA :1�1a TA Ill - : :I 3U RSRBIBHJDDWRUBDWWHUMBJWBPPOWPdoHHILWO WRULWBHUWBI30D 3DJHR1 Notice would be required to be given through newspaper or to every land owner in the area covered by the by-law through personal service, fax, mail or email. Notice would also be required to be provided by personal service, fax, mail or email to those individuals who specifically request notice, the clerk of the lower or upper - tier municipality (if and as applicable), and the secretary of every school board having jurisdiction in the area covered by the by-law. In order to facilitate public awareness of the passage of a community benefits charge by-law, notice would include the following: 0 i. A statement that the council of the municipality has passed a community benefits charge by-law. 0 ii. A statement setting out when the by-law was passed. 0 iii. A statement that any person or public body may appeal the by-law to the Local Planning Appeal Tribunal by filing with the clerk of the municipality a notice of ITA :1�1a Tib/IIII - ]: :I I::"::1 RGHBI300 0 3YHRO appeal setting out the objection to the by-law and the reasons supporting the objection. 0 iv. A statement setting out the last day for appealing the by-law. 0 v. An explanation of the charges imposed by the by-law. 0 vi. A description of the lands to which the by-law applies, a key map showing the lands to which the by-law applies, or an explanation why no description or key map is provided. 0 vii. An explanation of where and when persons may examine a copy of the by-law. 7BGBRBRBHRO)GEHGHHPHGRBEHHJBRO OGEH 0 The newspaper publishing date if the notice is published by a newspaper, 0 The date the fax is sent, if the notice is faxed, 0 The date the email is sent, if the notice is emailed, and 0 The date the notice is mailed, if the notice is sent by mail. BB,HIBIHRRPPBIHYHIGO ®HIHBFH®OHSH®HG 7HPHF9RSSH0IBRPPBHHBJHE®BO GHBTHPHR9ESmH0 RSRGHD)ORSDBGBHBRBFHO) SSH07BHBBSGRBRO BGHGPRBHOHHSBBBHGPBBBBO H ,SRSRHGBPBBHHHBBSD)R OGEHHTHGRSRBRO HGHGHBFHD)SSHO)RD)GEHHNRG0 HRHGHHEGBRPHR RBH®HHOHPBS®B®RSRGHO BPBBHBHR®GEHH ISIRGHSGBGRBBBGRBBO -SO)-O)132FREHO 7SRSRDDJHISHBBHGPBBBBH RBGRGHHORSPHBJHBO BFHO)SSHO)GHBBHORSPHJHBO 0GJRGHGS0BB0H0 7H0)GJRGHBJD)RGHBIDGJRGHRD 7HD)GJRGHHRO PB BG PRIG HFBOBTHPHRHFRO BRBRRGHPRORG FJ HRHRBDGMRHEOBIDRSSOO FBOHOBBHBGRGHR BFHBB®GJSHBBSmBBRBHB®GJ] RGHGBHSRBOHRJ] ED)GJSHBRBFRBRBRRGHPRO RR BJNRHRED)GJID QS."1i ,SRSRHGHOGJRGHEHBHGHGRGGHFRP PBHHBJ}iRRH ORBPGHRBOHBRRO SSOBBOHOBHGPHRDG HBO PHFBRHJHISBHRBRPPBH0 HRJ HSRBBBHR0 E®GJSHBO ,,,3�2(1 7 RBHGEBNRBBSOHPHRRBFRPPEHBB YHROORBJRBBHO GHFRRHGHBORSPHRBBRPPBHHHTH HJD)RGHH3OJIEG BHGPHRBJD)RGHBHBORSPHYHBG OGJRGHEO BPRBBHPGHRDH RSRGHGHPD)RBFRO BBHORO 3 [[E❑❑ ICIIil:i01�:��:i:l:l .I N Related links Planning Act (https://www.ontario.ca/laws/statute/90p13) Development Charges Act. 1997 (https://www.ontario.ca/laws/statute/97d27) Building Code Act, 1992 (https://www.ontario.ca/laws/statute/92b23) Related ERO (Environmental Registry of Ontario) notices Proposed new regulation pertaining to the community benefits authority under the Planning Act (/notice/019-0183) 9RDDORD 6RPRjPDDOBDREDDODE0Ro�0 DRDRO PDDORO RRDEDRRRBDO DODDDDDEO0 Municipal Finance Policy Branch College Park 13th flr, 777 Bay St Toronto, ON M7A 2J3 Canada 416-585-6111 RP P II HISIRRURREIRSRo Have questions? Get in touch with the contact person below. Please include the ERO (Environmental Registry of Ontario) number for this notice in your email or letter to the contact. Read our commenting and privacy policies. (/page/commenting-privacy) 1:11 3 [[E❑❑ 19 111 :i11 : I John Ballantine Municipal Finance Policy Branch College Park 13th flr, 777 Bay St Toronto, ON M7A 2J3 Canada John Ballantine 416-585-6348 0 iohn.ballantine@ontario.ca I0 9 11 1�:��7:�11 ❑IFI RR®RRRP PERDU E RE Ontario Q Environmental Registry of Ontario Proposed new regulation pertaining to the community benefits authority under the Planning Act ERO (Environmental 019-0183 Registry of Ontario) number Notice type Regulation Act Planning Act, R.S.O. 1990 Posted by Ministry of Municipal Affairs and Housing Notice stage Proposal Proposal posted June 21, 2019 Comment period June 21, 2019 - August 21, 2019 (61 days) Closed Last updated June 21, 2019 This consultation was open from June 21, 2019 Proposal summary to August 21, 2019 A proposal to make a new regulation under the PianningActto prescribe matters related to the community benefits authority and make a consequential amendment to an existing regulation under the Act. Proposal The More Homes, More Choice Act, 2099received Royal Assent on June 6, 2019. Schedule 12 of the Act would, upon proclamation, make amendments to the PianningActto provide details the authority for municipalities to charge for community benefits in order to fund a range of capital infrastructure for community services that would benefit new development. There are provisions in Schedule 12 that require additional details to be prescribed by regulation. The following are matters that the province is proposing to prescribe in regulation. Regulatory changes 1. Transition The amendments to the PianningActin Schedule 12 of the More Homes, More Choice Act, 2099 provide transitional provisions for section 37, and section 42 under the P/anningAct, and development charges for discounted services (soft services) under the Development ChargesActto provide the flexibility necessary for municipalities to migrate to the community benefits charge authority. 3URSRHGHUHJDD❑RSHUDLQfRRFRP POBHRILDO RULGHUH30DO 0 3DJHR1 An amendment to the DeveiopmentChargesAct, 9997provides for a date to be prescribed in regulation that would effectively establish a deadline as to when municipalities must transition to the community benefits authority if they wish to collect for the capital costs of community benefits from new development. Beyond the date prescribed in regulation: 0 Municipalities would generally no longer be able to collect development charges for discounted services 0 Municipalities would generally no longer be able to pass by-laws to collect funds under section 37 of the Planning Act 3URSRHIGFRHI0 ,OSURSRHGDBISHFLILHGGDBIIRUPOFLSDOLOHRD DOORRFRPPO8HHILOiDDU0 SHSRUQJRBRPPOBHBIILD The amendments to the PianningActin Schedule 12 of the More Homes, More Choice Act, 2099 provide for municipalities that pass a community benefits by-law to provide the reports and information that may be prescribed in the regulation to persons prescribed in regulation. 3URSRHIGFRHIO In order to ensure that community benefit charges are collected and spent on community benefits in a transparent manner, and for greater accountability, the Minister is proposing to prescribe reporting requirements that are similar to existing reporting requirements for development charges and parkland under section 42 of the PianningAct. OOFLSDOLOHRO)GEHUHTOUHGDDOORSUHSDUHDUHSRUHSUHFHGLJBIDUDRDGSUROGH L[RUPDORDERBDPROBIFRPPOBHBIILBDUJH SHFLDODFFRBDO 0 Opening and closing balances of the special account 0 A description of the services funded through the special account 0 Details on amounts allocated during the year 0 The amount of any money borrowed from the special account, and the purpose for which it was borrowed 0 The amount of interest accrued on money borrowed 5HSRUDJRSDUNODG The amendments to the PianningActin Schedule 12 of the More Homes, More Choice Act, 2099 provide that municipalities may continue using the current basic parkland provisions of the PianningActif they are not collecting community benefits charges. Municipalities with parkland special accounts will be required to provide the reports and information that may be prescribed in the regulation to persons prescribed in regulation. 3URSRHIGFRHID ,RUGHURHDHDBDOOLHRISDUNODGLBROOHFBIGD GHGLDDDSDUHBDBIUH0LORU LSU RSROJESUHBULEHUHSRUOJYJHTOUHPH[RUSDUNODG OOFLSDOLOHROGEHUHTOUHGDDOORSUHSDUHDUHSRUHSUHFHGLJBIDUDRDGSUROGH L1RUPD0RDEREIDPR0HSHFLDODFFRBD0 0 Opening and closing balances of the special account SRURRDU LRFDROFH 3URSRHIGHUHJDD❑RSHUDLQfRHFRP POBHBIILDO RULGHUH30DO 0 3DJHR1 A description of land and machinery acquired with funds from the special account 0 Details on amounts allocated during the year 0 The amount of any money borrowed from the special account, and the purpose for which it was borrowed 0 The amount of interest accrued on money borrowed (BIPSORIIJRPFRPPOBHBIILO To help reduce the costs to build certain types of development that are in high demand, amendments to the Planning Actin Schedule 12 of the More Homes, More Choice Act, 2099 provides for the Minister to prescribe such types of development or redevelopment in respect of which a community benefits charge cannot be imposed. 3URSRHGFRH[I The Minister is proposing that the following types of developments be exempt from charges for community benefits under the PlanningAct. 0 Long-term care homes 0 Retirement homes 0 Universities and colleges 0 Memorial homes, clubhouses or athletic grounds of the Royal Canadian Legion 0 Hospices 0 Non-profit housing The amendments to the PlanningActin Schedule 12 of the More Homes, More Choice Act, 2099, provide the authority for municipalities to charge for community benefits at their discretion, to fund a range of capital infrastructure for community services needed because of new development. 70ODSLDOLRJD000HIRUFRP PUB UOFHHROGLOOG HOLEUDULHSDUNODGGDHDUHIDFLOLOHDG UHFUHDORODFLOLOHO )RUDSDUOFO)DUG HBORSPHBFRPPOHHBILHDUJHS DDEOHFRDGRBBHHGBDPRO GHBIUPLBIGEDIRUPDDLROOJBIDSSOLFDORRIDSUHBULEHGSH UFHDJHRH DOB RIB GHBO RSPHDDG7BIDOB RIO DGDORGLEHDOR R BIGDBHIRUHREOOGLJSHUPLOO LHGRDFFR[RUHRFHDUROJRDFFRPPRGDRBIG HHORSPHO 3URSRBGFRBD ,OSURSRBIGDDUDJ}iRISHUFHDJH0O0EHSUHRULE HGRONHLRD FFRDUOJDOBIRIO DG ,GH HUPLOJBISUHBULEHGSHUFHDJHHUHDUH RJRDO0 0 Firstly, to ensure that municipal revenues historically collected from development charges for "soft services", parkland dedication including the alternative rate, and density bonusing are maintained. 0 Secondly, to make costs of development more predictable. 70OLOOIORSUROGLJTUHBULEHGSHUFHDJHDOD LPHRBIBIUHOLDURDGHOFRPH IHHGEDFNUHODBIGRBIGHRUPLDORRIB HSHUFHDJHIZBIUHDOOEHIDBIUFRODORRH SURSRBIGIRUPOD LDDHPPHU SHURRDU LRFDROFH 3URSRHGHUHJUIDURSHUDLQfRHFRP POBHBIILDO RULGHUH30DO 0 3DJHR1 The authority to charge for community benefits under the PianningActwould enable municipalities, at their discretion, to fund a range of capital infrastructure for community services needed because of new development. )RUDSDUOFODUG HHORSPHBIFRPPOHHHILODUJHS DDEOHFRDGRIB PHHGDDPRO GH BU PLBGED I RU PDDLROLJH DSSOLFDERRI DSUH BU LEH GSH U FH Dj HRH DOB RIB GH BIORSPHODGRBIGDBHIRUHBIEEOGL5HUPLODBI G The amendments to the PianningActin Schedule 12 of the More Homes, More Choice Act, 2019SUROGHIRUBIRBIURIODGSURSRDJRGHBIORSDOBIRS UROGHBIPOFLSDOLODO DSSUDLDORIBIOBIB DUHRIBIOHDHIFRPPOB HBIILEDUJHHBHHGDODHJLDDOHI00 SHUPLHIG6LPLODUODtPOFLSDOLBDDORSUROGHHIRIB URIODGODDSSUDLDOLILORI HI OHDBIRHIURIHIODGDSSUDLDOLODFFDDHI,IE RDSSUDLDOGLIIHUEBRUHDSHUFHO DOUGDSSUDLDOLSUHSDUHG 3URSRHIGFRHID 7HOLOHIULSU RSROJBIIROOROJ7 O If the owner of land is of the view that the amount of a community benefits charge exceeds the amount legislatively permitted and pays the charge under protest, the owner has 30 days to provide the municipality with an appraisal of the value of land. 0 If the municipality disputes the value of the land in the appraisal provided by the owner, the municipality has 45 days to provide the owner with an appraisal of the value of the land. 0 If the municipality's appraisal differs by more than 5 percent from appraisal provided by the owner of the land, the owner can select an appraiser from the municipal list of appraisers, that appraiser's appraisal must be provided within 60 days. (BOG HGPIUDFH[RUFRPPOBHHILO Amendments to the PianningActin Schedule 12 of the More Homes, More Choice Act, 2019 provide that community benefits charges cannot be imposed for facilities, services or matters associated with services eligible for collection under the DeveiopmentChargesAct, 1997 It also provides for the province to prescribe facilities, services or matters in respect of which community benefit charges cannot be imposed. 3URSRHIGFRHIO 7HOLOHIULSU RSRQjRSUHBULEHDBIROOROJ]DFLO LOHBIUOFHRUPDHIUBHHBOGHGIURP FRPPOHHHIILO 0 Cultural or entertainment facilities 0 Tourism facilities 0 Hospitals 0 Landfill sites and services 0 Facilities for the thermal treatment of waste 0 Headquarters for the general administration of municipalities and local boards This would be consistent with the ineligible services list currently found under the Development Charges Act. SHURRDU LRFDROFH clo.10.1:11: :1 491 6SSRUOP PDHULDOO The community planning permit system is a framework that combines and replaces the individual zoning, site plan and minor variance processes in an identified area with a single application and approval process. O. Reg. (Ontario Regulation) 173116 "Community P/anningPermits"RDLBIBIDULRBRPSRBIDBDNHSB HPLBOD LJHPDHUDO PBHLBODHGLHRIILFLDOSODRHDEOLHHP HSURFHDDSSOLHRHDEOLEjBI LPSOHPHOJEDDDGHPDH UDBRUPDEHLBOGH GLREDDO 3URSRBIGFRHEI Amendments to the Planning Actin the More Homes, More Choice Act, 2099establish a new authority for municipalities to levy charges for community benefits to make requirements in this regard more predictable. As the community planning permit system also allows conditions requiring the provision of specified community facilities or services, it is proposed that a community benefits charge by-law would not be available for use in areas within a municipality where a community planning permit system is in effect. In considering making a proposed new regulation and changes to existing regulations under the P/anningActHJRHUBH000FROBRDI HJDUG2DULD[HIDODO GDIHO SSRUDOEUDDJULFDODORFRUDDSURBIFBIDURBHD OODGFOODOOBIODBIDUHDOBODLJ7 HOIHHBHOO Related links Planning Act (https://www.ontario.ca/laws/statute/90pl3) Development Charges Act (https://www.ontario.ca/laws/statute/97d27) Bill 108, More Homes, More Choice Act, 2019 (https://www.ola.org/en/legislative- business/bills/parliament-42/session-1/bill-108) 9LHBDHODOEHRO 6RPHROBDBIODOBDRBHDDLODEOHROLH,DO PDHODOOHRO ElDROBIRUHOLHSHORREROBDH0 Municipal Finance Policy Branch Municipal Affairs and Housing 13th Floor, 777 Bay St. Toronto, ON M5G 2E5 Canada 416-585-6111 3 [[E❑❑ LHDHRDHTBIROHBI DODHDDLODEOH 3,jID A 0 30 0 3f[l The comment period was from June 21, 2019 to August 21, 2019 ■ p John Ballantine, Manager 416-585-6300 0 john.ballantine@ontarioxa 3 [[E❑❑ 0 0 Watson & Associates ECONOMISTS LTD. February 28, 2020 To Our Development Charge Clients: Re: Draft Regulations for the Development Charges Act and Planning Act (Community Benefits Charge Related) On behalf of our many municipal clients, we are continuing to provide the most up to date information on the proposed changes to the Development Charges Act (D.C.A.) as proposed by Bill 108. As of this morning, the Province released updated draft regulation related to the D.C.A. and the community benefits charge (C.B.C.). This regulation is posted on the Environmental Registry of Ontario for public comment which is open until March 30, 2020. Comments may be made at the following website: ❑ Community Benefits Charge Regulation https://ero.ontario.ca/notice/019-1406 As we have noted in prior mailings, our firm is a member of the Provincial Technical Working Committee and provides advice on the methodological approach for the development of a proposed formula to be used in the C.B.C. calculation. As we understand, the Province will continue to receive input from this Committee over the coming weeks. This letter provides a high-level overview of the regulation proposed for the D.C.A. and the Planning Act (as it relates to the C.B.C.). This draft regulation is included in the attached Appendix. Our firm will subsequently provide to you an evaluation of the draft regulation as well as our formal response to the Province. Proposed Changes to the Development Charges Act ❑ The prior draft regulations allowed for the following services to remain within the D.C.: o Water o Wastewater o Storm Water o Roads o Fire o Policing o Ambulance o Waste Diversion ❑ The new draft regulation will also allow the following services to continue with the D. C.: o Parks Development (not including land) o Recreation Plaza Three 101-2000 Argentia Rd Mississauga, Ontario L5N 1V9 Office: 905-272-3600 Fax: 905-272-3602 www.watsonecon.ca ®© 3 HADCA-GEN\Bill 108\Bill 108 Regulations - February 28 2020 Letter to Clients.docx o Public Libraries o Long-term Care o Public Health L The mandatory 10% deduction is removed for all services that remain eligible in the D.C. ❑ Timing regarding payment of D.C.s remains unchanged (i.e. six installments for rental housing and institutional developments, 21 installments for non-profit housing) ❑ Requirement to freeze D.C. amounts for site plan or zoning applications remains unchanged Proposed Changes to the Planning Act re: Community Benefits Charges ❑ The community benefits charge will include formerly eligible D.C. services that are not included in the above listing, parkland dedication and bonus zoning contributions The C.B.C. will be imposed as a percentage based on the market value of the land the day before building permit issuance. The maximum percentages for the C.B.C. are as follows: o Single Tier municipalities: 15% o Lower Tier municipalities: 10% o Upper Tier municipalities: 5% A C.B.C. strategy must be prepared to support the percentage to be imposed. Elements of the strategy include: o The C.B.C. strategy will have to set out the amount, type and location of growth (similar to D.C.) o There will need to be a parks plan included. This plan will need to identify the amount of parkland needed for growth o The strategy will need to identify the amount of parkland per person currently being provided in the municipality o The strategy will need to identify the anticipated increase in need for the service (similar to D.C.) o There will need to be deductions for excess capacity (similar to D.C.) o The strategy will need to consider benefit to existing development (similar to D.C.) o Grants, subsidies & other contributions will need to be deducted (similar to D.C.) Transitional timelines have been modified (i.e. January 1, 2021 is no longer the deadline). The deadline will be one year after the C.B.C. authority is in effect C.B.C. Appeal Mechanism ❑ Public notice of C.B.C. by-law passage will be required (same as rules for D.C. by-law passage notice) ❑ Interest Rate for C.B.C. refunds upon successful LPAT appeal will be the Bank of Canada rate on the date the by-law comes into force or quarterly (same as D.C.) Watson & Associates Economists Ltd. PAGE 2 Bill 108 Regulations - February 28 2020 Letter to Clients.docx 3 rn ❑ Building Code Act will be amended to include section to ensure C.B.C. payment must take place prior to building permit issuance. We trust that this high-level summary is informative. As noted earlier, our firm will subsequently provide to you an evaluation of the draft regulations in more detail, as well as provide you with our formal response to the Province. In the interim, if you have any questions regarding the draft legislation, we would be pleased to discuss them with you further. Yours very truly, WATSON & ASSOCIATES ECONOMISTS LTD. Gary D.'Scandlan, BA, PLE Director Andrew Grunda, MBA, CPA, CMA Principal Watson & Associates Economists Ltd. PAGE 3 Bill 108 Regulations - February 28 2020 Letter to Clients.docx 3 [[E❑] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• •• • • • • • • • • • • • • •• • • • • • • • • • • • • • • • • • •• • • • • • • •• • • • • • • • •• • • • • • •• •• •• • •• • • •• •• • • • • •• • • • • • •• • •• • • • • •• •• • • • • • •• • •• • • • •• • • • • • 0000 • 0000 • •• •• •• 0000 • • • ••• •• • •• •• • • • • •• • • • •• • • • •• • • ••• •• ••• •• • • • •• •• ••• • • • • 8 •00 • 00• • • 0• •• • •• 0080• •• 0. 0000 0• •• 8 • • • • 8 00• • 80• 8 •0 • • ••00• •e• 8 8 •• •• 8 •• 00 • •• • •• • • •• •ee• • •• 8 0 •• 00.00 •• 0• •• 000.0•• • ••• ••••••••••••••••••••••• 0000• • 0000••• •• •• •0• •00000••••• • 0000• •00• ••• •000• •0• •• •• •00• •••• •0000000• ••0000• •000• •0• ••000•••• ••••0000000•• •• •0• •000. 0• • •0• ••• •• 0. 0000• •0• 0 •000000•••• •0. 0000 •••000000•••••00000• •000.000000••••••• •00• •••••000• ••••000• •••••••••••••000••0000••••••000••000000••0000••••••000••00••••••• •• ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Appendix A Draft Regulation o nta ri oG Environmental Registry of Ontario Proposed Regulatory Matters Pertaining to Community Benefits Authority Under the Planning Act, the Development Charges Act, and the Building Code Act E.R.Q. (En.v...i.ronm.e.ntal 019-1406 Reg stry.of..Ontl.rio.) number Notice type Regulation Act Planning Act, R.S.O. 1990 Posted by Ministry of Municipal Affairs and Housing Notice stage Proposal Proposal posted February 28, 2020 Comment period February 28, 2020 - March 30, 2020 (31 days) Open Last updated February 28, 2020 This consultation closes at 11:59 p.m. on: Proposal summary March 30, 2020 Proposed Regulatory Matters Pertaining to Community Benefits Authority Under the Planning Act, the Development Charges Act, and the Building Code Act Proposal I. INTRODUCTION details In May 2019, the Minister of Municipal Affairs and Housing released More Homes, More Choice: Ontario's Housing Supply Action Plan. In support of the Action Plan, the Minister of Municipal Affairs and Housing introduced the More Homes, More Choice Act, 2019 (Bill 108) which received Royal Assent on June 6, 2019. Schedule 12 of the Act, once proclaimed, establishes a new authority under the Planning Act for municipalities to charge for community benefits 3 CF] i with respect to land to be developed or redeveloped. Community benefits charges are intended to fund municipal infrastructure for community services, such as land for parks, affordable housing and child care facilities, that are needed to support new residents and businesses associated with new development. On November 6, 2019, amendments to the community benefits charge provisions under the Planning Act were introduced through the Plan to Build Ontario Together Act, 2019. The Bill received Royal Assent on December 10, 2019. The amendments, set out under Schedule 31 of the Act, include new transition provisions for alternative parkland dedication and a mechanism to appeal a municipality's community benefits charge by- law to the Local Planning Appeal Tribunal. The community benefits charge authority has not been proclaimed and is not in effect at this time. This is the second regulatory proposal that the government has posted for public feedback on the proposed components of a new community benefits charge authority. The initial regulatory proposal was posted on the Environmental Registry of Ontario on June 21, 2019 ("Proposed new regulation pertaining to the community benefits authority under the Planning Act", ERO 019-0183). This proposal outlines additional matters for public input to inform the further development of the community benefits charge authority and regulation under the Planning Act. II. PROPOSAL FOR PUBLIC COMMENT This proposal outlines several matters related to the community benefits charge authority under the Planning Act. The changes made by the More Homes, More Choice Act, 2019 will mean that municipalities will have two primary funding streams to pay for the increased need for services due to new development. Development charges are a mechanism for municipalities to pay for the capital costs of infrastructure like roads and sewers associated with new development. The government is also seeking feedback in this proposal on changes to the types of services that could be funded through development charges. It is proposed that development charges could also pay for the capital costs of certain community services such as public libraries, parks development (other than acquiring land for parks) and recreational facilities (see Section #2). The new community benefits charge would complement development charges by giving municipalities the flexibility to fund growth -related capital infrastructure costs of other community services. For example, funds generated through community benefits charges could be used to support community priorities such as acquiring land for parks, supporting affordable housing or building child care facilities which will be needed due to growth. A municipality could choose to collect development charges to fund the development of new park facilities or enhance existing parks such as playgrounds and splash pads. To acquire the land needed to build new parks, a municipality would have the option of using one of the following tools under the Planning Act: 1. A municipality could apply the basic parkland dedication rate in which a maximum of either 5% (for example, for a residential development) or 2% (for a commercial or industrial development) of a proposed development is dedicated as parkland or cash -in -lieu is provided (section 42 "Conveyance of land for park purposes" and section 51.1 "Parkland" under the Planning Act). 2. Alternatively, a municipality could establish a community benefits charge by-law to collect funds to acquire land for parks as well as other community services such as affordable housing and child care. If both a developer and municipality agree, a developer could provide land for parks (rather than a payment). The agreed-upon value attributed to the in-kind parkland contribution would be applied toward the community benefits charge payable. If a municipality has a community benefits charge by-law in place it cannot apply the basic parkland dedication provisions of the Planning Act. To implement the new community benefits charge authority, the province is seeking feedback on the following regulatory matters under the Planning Act, the Development Charges Act and the Building Code Act: 1. Required content of a community benefits charge strategy 2. Services eligible to be funded through development charges 3. Percentage of land value for determining a maximum community benefits chargq 11E❑❑ 4. Timeline to transition to the new community benefits charge regime 5. Community benefits charge by-law notice 6. Minimum interest rate for community benefits charge refunds where a by-law has been successfully appealed 7. Building code applicable law 1. Required Content of a Community Benefits Charge Strategy Before passing a community benefits charge by-law, a municipality must prepare a community benefits charge strategy. The strategy must identify the items that a municipality intends to fund through community benefits charges. It must also comply with any requirements that may be prescribed in regulation regarding the mandatory content that a strategy should address. In preparing a community benefits charge strategy, a municipality must consult, but has the flexibility to determine their consultation approach. Proposal To provide greater clarity about the components of a community benefits charge strategy, it is proposed that a municipality would need to include the following content in their strategy: 1. The anticipated type, amount and location of development or redevelopment that would be subject to a community benefits charge; 2. The anticipated increase in the need for a specific community service (for example, the acquisition of land for parks, affordable housing, child care, etc.) resulting from new development or redevelopment; 3. A parks plan that examines the need for parkland in the municipality; 4. The amount of parkland per person currently being provided in the municipality, and if this is planned to increase, decrease or stay the same; 5. The capital costs associated with the increased need for a specific community service resulting from new development or redevelopment; 6. The excess capacity that exists in those specific services (for example, the extra capacity that exists in a service that is not currently being used); 7. Whether the increased provision of those specific services would also serve existing residents (for example, existing residents may also benefit from new child care facilities that are needed as a result of new development or redevelopment); and, 3 11E❑❑ 8. Any capital grants, subsidies, or contributions from other levels of government or other sources like donations that are anticipated to be made to support those specific services. 2. Services Eligible to Be Funded Through Development Charges The Development Charges Act provides authority for municipalities to impose development charges to pay for the increased capital costs of specific services that are needed as a result of new growth. The services that are eligible to be funded through development charges are listed under subsection 2(4) of the Development Charges Act. The list includes a provision for other services that may be prescribed in regulation. The Planning Act stipulates that services funded by development charges may not be funded by community benefits charges. When proclaimed, the More Homes, More Choices Act, 2019 will make waste diversion and ambulance services fully recoverable through development charges. The government is proposing to prescribe additional services to be funded under the Development Charges Act, through regulation. Proposal It is proposed that the following services would be identified in regulation under subsection 2(4) of the Development Charges Act: 1. Public libraries, including library materials for circulation, reference or information purposes; 2. Long-term care; 3. Parks development, such as playgrounds, splash pads, equipment and other park amenities (but not the acquisition of land for parks); 4. Public health; and, 5. Recreation, such as community recreation centres and arenas. Development charges may be imposed to fully recover the capital costs related to the provision of these proposed services due to new growth. These proposed services would be ineligible to be funded through community benefits charges. 3 rn 3. Percentage of Land Value for Determining a Maximum Community Benefits Charge The community benefits charge authority established through the More Homes, More Choice Act, 2019, includes a mechanism to determine the maximum community benefits charge payable for any particular development. The community benefits charge payable cannot exceed the amount determined by applying a prescribed percentage to the value of the land under development. The Ministry is seeking feedback on the proposed prescribed percentages through this posting. Proposal The proposed percentages of land value that would be prescribed in regulation under the Planning Act would be structured as follows: • Single -tier municipalities: 15% • Lower -tier municipalities: 10% • Upper -tier municipalities: 5% In any particular case, the community benefits charge levied by a municipality could not exceed the amount determined by applying the applicable proposed percentage to the value of the land that is subject to development. The land value would be calculated as of the valuation date, which is the day before the date the building permit is issued in respect of the development or redevelopment. The community benefits charges levied by municipalities would support the growth- related capital costs of acquiring land for parks, and other community benefits required because of development, such as child care facilities, affordable housing, social services, parking and by-law enforcement. There would need to be a connection between the community benefits charge levied and the increased need for community services associated with new development. Different percentages are being proposed for single, upper and lower -tier municipalities to reflect the varying service delivery requirements of each tier of municipality to service new growth with community amenities. This percentage structure ensures that the combined percentage for upper and lower -tier municipalities would be equal to the percentage for single tier municipalities. 3 rn 4. Timeline to Transition to the New Community Benefits Charge Regime The date by which municipalities must transition to the community benefits charge authority, if they wish to collect funds for community benefits, would be prescribed in regulation under the Development Charges Act, 1997. The prescribed date would be the deadline for establishing a community benefits charge strategy and by-law in order to charge for the capital costs of services funded through community benefits charges. The community benefits charge by-law would set out the charge payable in any particular instance, any municipal exemptions, and other details. Proposal It is proposed that the specified date for municipalities to transition to the community benefits charges regime would be one year after the date the proposed community benefits charge regulation comes into effect. This transition period would allow municipalities to prepare community benefits charge strategies and pass by-laws if they choose to implement a community benefits charge regime. 5. Community Benefits Charge By-law Notice The Plan to Build Ontario Together Act, 2019 amended the Planning Act to establish a mechanism by which a municipality's community benefits charge by-law could be appealed to the Local Planning Appeal Tribunal. A municipality would be required to provide notice to the public when it passes a community benefits charge by-law. To implement the by-law appeal mechanism, requirements associated with how to provide public notice would be prescribed in regulation. Proposal To implement the appeal mechanism, it is proposed that upon passage of a community benefits charge by-law, a municipality would be required to comply with the following notice provisions. These provisions are similar to the notice provisions under the Development Charges Act regarding the passage of a development charges by-law: 1. Notice would be required to be given through newspaper or to every land owner in the area covered by the by-law through personal service, fax, mail or emjil. ��� 2. Notice would also be required to be provided by personal service, fax, mail or email to those individuals who specifically request notice, the clerk of the lower or upper -tier municipality (if and as applicable), and the secretary of every school board having jurisdiction in the area covered by the by-law. 3. In order to facilitate public awareness of the passage of a community benefits charge by-law, notice would include the following: • i. A statement that the council of the municipality has passed a community benefits charge by-law. • ii. A statement setting out when the by-law was passed. • iii. A statement that any person or public body may appeal the by-law to the Local Planning Appeal Tribunal by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons supporting the objection. • iv. A statement setting out the last day for appealing the by-law. • v. An explanation of the charges imposed by the by-law. • vi. A description of the lands to which the by-law applies, a key map showing the lands to which the by-law applies, or an explanation why no description or key map is provided. • vii. An explanation of where and when persons may examine a copy of the by-law. The date on which notice would be deemed to have been given would be: • The newspaper publishing date if the notice is published by a newspaper, • The date the fax is sent, if the notice is faxed, • The date the email is sent, if the notice is emailed, and • The date the notice is mailed, if the notice is sent by mail. 6. Minimum Interest Rate for Community Benefits Charge Refunds Where a By-law Has Been Successfully Appealed The mechanism to appeal a community benefits charge by-law includes a requirement for municipalities to provide full or partial refunds in the event of a successful appeal. The interest rate paid on amounts refunded must not be less than the prescribed minimum interest rate. Proposal It is proposed that the minimum interest rate a municipality would be required to pay on amounts refunded after successful appeals would be the Bank of Canada rate on the date the by-law comes into force. Alternatively, if the municipality's by-law so provides, the minimum interest rate would be the Bank of Canada rate updated on the first business day of everyJanuary, April, July and October. This proposal aligns with the prescribed minimum interest rate for refunds of development charges after successful appeals under the Development Charges Act. 7. Building Code Applicable Law The Building Code is a regulation under the Building Code Act, 1992. The Building Code sets out minimum administrative and technical requirements for the construction, renovation, demolition and change of use of buildings. It also establishes a list of applicable law that must be satisfied in order to receive a building permit. Municipalities enforce the Building Code and are responsible for issuing building permits for the construction, renovation, demolition or change of use of buildings. Proposal It is proposed that the Building Code be amended to add the community benefits charge authority to the list of items under Division A - Article 1.4.1.3 Definition of Applicable Law. This amendment would establish a mechanism for ensuring the payment of community benefits charges prior to the issuance of a building permit. III. PUBLIC COMMENT Your feedback on the implementation of the community benefits charge authority will inform government decisions on the development of a new community benefits charge regulation under the Planning Act and amendments to regulations under the Development Charges Act and Building Code Act. Submissions may be made online or provided via email to the contact below. 3 rn Supporting Related links materials Planning Act (https://www.ontario.ca/laws/statute/90p13) Development Charges Act, 1997 (https://www.ontario.ca/laws/statute/97d27) Building Code Act, 1992 (https://www.ontario.ca/laws/statute/92b23) Related ERO (Environmental Registry of Ontario). notirPr, Proposed new regulation pertaining to the community benefits authority under the Planning Act (/notice/019-0183) View materials in person Some supporting materials may not be available online. If this is the case, you can request to view the materials in person. Get in touch with the office listed below to find out if materials are available. Municipal Finance Policy Branch College Park 13th flr, 777 Bay St Toronto, ON M7A 2J3 Canada 416-585-6111 Comment Let us know what you think of our proposal. Have questions? Get in touch with the contact person below. Please include the SRO.(E,nv„i,rq,n,m„,nta,IRegistry of„Q,n,a,ri,o,) number for this notice in your email or letter to the contact. Read our commenting and privacy_ policies. (/page/commenting_privacy.) Submit by mail 3 rn Connect With Contact US john Ballantine 416-585-6348 John Ballantine Municipal Finance Policy Branch College Park 13th flr, 777 Bay St Toronto, ON M7A 2J3 Canada john.baIla ntine@ontario.ca 3 rn Clarington Staff 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: March 9, 2020 Report Number: FND-004-20 Submitted By: Trevor Pinn, Director of Finance/Treasurer Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: Resolution#: Report Subject: Annual Leasing Report - 2019 Recommendation: 1. That Report FND-004-20 be received for information. 3 rn Municipality of Clarington Report FND-004-20 Page 2 Report Overview This report complies with the Municipal Act, 2001 annual reporting requirements on leasing, under Regulation 653/05. 1. Background 1.1 Under Ontario Regulation 635/05, the Treasurer is required to report annually to Council the details of existing material leases including the following. ❑ Confirmation of compliance with the lease policy; ❑ Summary of material leases; ❑ Estimated cost of material leases; ❑ Impact of the leases on the financing arrangements and the debt servicing levels. 1.2 As required by the Municipal Act, 2001, Council adapted a Statement of Lease Financing Policies and Goals in report FND-021-03, on September 8, 2003. To date Clarington has typically chosen to purchase or debenture (if necessary), rather than use financial lease agreements. There is no impact on long-term financing or debt service levels of the Municipality. 2. Lease Summary 2.1 The Municipality of Clarington did not have any material leases in 2019. 3. Concurrence Not Applicable. 4. Conclusion It is respectfully recommended that this report on annual leasing for 2019 be received for information in compliance with Ontario Regulation 653/05. Staff Contact: Laura Pinto, Financial Analyst, 905-623-3379 ext 2614 or (pinto@clarington.net. Interested Parties: There are no interested parties to be notified of Council's decision. 3 rn