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HomeMy WebLinkAbout11-06-2023 General Government Committee Post-MeetingAgenda Date:November 6, 2023 Time:9:30 a.m. Location:Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Laura Preston, Temporary Records Administrator, at 905-623-3379, ext. 2104 or by email at lpreston@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and/or video record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be recording you and will make the recording public on the Municipality’s website, www.clarington.net/calendar Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Land Acknowledgement Statement 3.Declaration of Interest 4.Announcements 5.Presentations/Delegations (10 Minute Time Limit) *5.1 Presentation by Lindsay Hamilton, Jesara Holla, and Steve Gregoris, Ontario Power Generation, Regarding an Update on Current Operations and Projects within Darlington Nuclear 4 5.2 Delegation by Mark Rottine, Regarding a Request for an Amendment to the Property Standards By-law to Prevent the Feeding of Wild Animals *5.3 Delegation By Michael Kalita, President, Clarington Professional Firefighters Association, IAFF Local 3139, Regarding Firefighter Health and Safety (Councillor Traill Intends to Introduce a Motion to Suspend the Rules to add this Delegation to the Agenda) (Requires a 3/4 Vote) 6.Consent Agenda 6.1 Communications 6.2 Staff Reports and Staff Memos 6.2.1 FSD-040-23 2024 Interim Tax Levy 17 6.2.2 LGS-029-23 Amendment to OPG License Agreement for Playing Fields 22 6.2.3 LGS-031-23 Site Alteration By-law Review 27 7.Items for Separate Discussion 8.Unfinished Business General Government Committee Page 2 8.1 LGS-021-23 Ward Boundary Review – Direction Requested from Council 31 (Referred from the May 29, 2023, General Government Committee Meeting) Link to the May 29, 2023, General Government Committee Minutes 9.New Business 9.1 Province Wide Lobbyist Registry System (Mayor Foster)32 10.Confidential Items 11.Adjournment General Government Committee Page 3 Page 4 Territory Acknowledgement Page 5 • • • • •Recognized for performing to exceptionally high levels of safety, operational performance and equipment reliability • o o o Page 6 Page 7 • • • • • • • • • • • Page 8 Page 9 p7 Darlington is the only site in Canada licensed for new nuclear build with an accepted environmental assessment. OPG’s SMR technology selection - December 2021 Site Preparation Activities Begun – October 2022 Submitted a Licence to Construct to CNSC – October 2022 Project partners announced in 2023: OPG, GE-Hitachi, AtkinsRéalis and Aecon. Hearing is scheduled for January 2024 on the applicability of the original EA to the BWRX -300. Decision to issue a construction licence would be made at a future public hearing Darlington New Nuclear Project GE Hitachi: BWRX-300 Leading the world in new nuclear development Page 10 Additional SMR Units Four units would produce a total 1,200 MW, equivalent to powering 1.2 million homes. Multiple units will allow common infrastructure to be shared across units, further reducing cost. Pending regulatory approvals by CNSC, additional SMRs could come online between 2034 and 2036 . Ontario’s robust nuclear supply chain is uniquely positioned to support SMR development and deployment in Ontario, Canada and globally. In July 2023, OPG was asked by the Province of Ontario to commence planning and licencing for three additional SMRs at the Darlington site. Will contribute approximately $15.3 billion to Canada's GDP, including $13.7 billion to Ontario's GDP Will create and sustain 2,000 jobs each year in Canada over 65 years. Will generate $4.9 billion in tax revenues to municipal, provincial and federal governments. Ontario will reap 89 per cent of the economic benefit associated with the project. Building four 300 -MW SMRs in Ontario: *Conference Board of Canada Study 2023 Page 11 Page 12 Committed to Community Engagement Page 13 Page 14 Unit 2 Updated: October 2023 Unit 3 Unit 1 Unit 4 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 *Total duration 120 months Complete – Operating 100% full power In progress – reactor reassembly underway In progress – preparing for reactor disassembly Q4 2016 – Q2 2020 Q3 2020 – Q3 2023 Q1 2022 – Q1 2025 Q3 2023 – Q3 2026 Complete – Operating 100% full power Page 15 Technology Overview GE Hitachi: BWRX-300 Designed for a 60- year operational life ~300 megawatt electrical (MWe) Light water, boiling water reactor technology Generation III+ Design GEH SMR Technologies Canada is the Canadian division of the world -leading provider of reactor technology and nuclear services. Page 16 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: November 6, 2023 Report Number: FSD-040-23 Submitted By: Trevor Pinn, Deputy CAO/Treasurer Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: 2024 Interim Tax Levy Recommendations: 1. That Report FSD-040-23 and any related delegations or communication items, be received; 2. That the By-law attached to Report FSD-040-23, as attachment 1, be approved; and 3. That all interested parties listed in Report FSD-040-23 and any delegations be advised of Council’s decision. Page 17 Municipality of Clarington Page 2 Report FSD-040-23 Report Overview The Municipality of Clarington annually levies an interim tax before the approval of the final tax rates to ensure it can meet its financial obligations until the final tax levies are processed. 1. Background 1.1 The Municipal Act, 2001 authorizes a municipality, prior to the adoption of the estimates for the year, to pass a by-law levying amounts on the assessment of property in the local municipality for local municipal purposes. 1.2 Historically, the Municipality has passed an interim tax levy in December of the preceding year to ensure that tax bills are processed in January of the taxation year. Section 317(2) allows the by-law to be passed in November or December of the preceding year (2023) provided the by-law does not come into force until a specified date in the following year (2024). 1.3 Interim tax bills are divided into two installments: February 15, 2024, and April 18, 2024. 1.4 If Council did not pass the interim tax levy, taxes could not be collected until the final tax bills were processed in the spring. This delay could result in a cash flow issue for the Municipality and taxpayers having to pay their taxes in two instalments rather than the current four (or more if they use pre-authorized payments). 2. Financial Considerations 2.1 An interim tax levy provides cash flow to the Municipality in the first half of the year until the final taxes can be levied in June and September. This change reduces the risk of using interim borrowing, which would incur interest costs. 2.2 Interim tax levies also allow taxpayers to spread the annual tax bill over four payments throughout the year rather than all the taxes being due in the latter part of the year. The payments could be further spread over twelve months if the taxpayer signs up for pre - authorized payments, which provides a constant flow of cash for the Municipality to meet its financial obligations during the year. 2.3 Taxpayers can pay their taxes at any time prior to the due date, for example payment could be made bi-weekly or monthly. Interest does not start getting charged until, and if, there is an outstanding balance after a due date. Page 18 Municipality of Clarington Page 3 Report FSD-040-23 3. Concurrence 3.1 Not Applicable. 4. Conclusion 4.1 It is respectfully recommended that Council approve the 2024 Interim Tax By-law to ensure that interim tax bills are processed consistent with past timelines and to ensure that tax revenues can be collected throughout the whole 202 4 taxation year. Staff Contact: Jessica James, CMRP(A), Manager, Taxation Services, 905-623-3379 ext. 2609 or jjames@clarington.net. Attachments: Attachment 1 – Draft by-law to levy interim taxes for 2024 Interested Parties: There are no interested parties to be notified of Council's decision. Page 19 Attachment 1 to Report FSD-040-23 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2023-0XX Being a by-law to authorize an Interim Tax levy for 2024. Whereas the Council for the Municipality of Clarington deems it necessary to pass a by- law to levy an Interim Rate for 2024 on the whole of the assessment for each property class in the local municipality as provided for in Section 317 of the Municipal Act, 2001 as amended; And whereas Section 317 (2) of the Municipal Act, 2001 as amended, allows a by-law to levy interim taxes to be passed in November or December of the previous year if it provides that it does not come into force until a specified day in the following year. Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That the Council of the Corporation of the Municipality of Clarington is hereby authorized to levy in 2024 on the whole of all taxable assessment on the property according to the last revised assessment roll, a sum not to exceed that which would be produced by applying the prescribed percentage (or 50 per cent if no percentage is otherwise prescribed) of the total amounts billed to each property for all purposes in the previous year on the properties that, in the current year, are in the property class as provided for in Section 317 of the Municipal Act, 2001 as amended; 2. That for the purposes of calculating the total taxes for the previous year under paragraph 1, if any taxes were levied for only part of the previous year because assessment was added to the roll during the year, an amount shall be added equal to the additional taxes that would have been levied if the taxes had been levied for the entire year; 3. That the interim tax levy rates shall also apply to any property added to the assessment roll after this by-law is enacted; 4. That all taxes levied under the authority of this By-law shall be payable in Canadian funds and shall be divided into two equal instalments, the first of said instalments to become due and payable on or before the 15th day of February 2024 and the second of said instalments to become due and payable on or before the 18th day of April 2024 and shall be paid to the Treasurer of Page 20 the Corporation of the Municipality of Clarington. Upon payment of any applicable fee, and if paid on or before the due date imprinted on the bill, taxes may also be paid at most chartered banks in the Province of Ontario; 5. That as Section 342(b) of the Municipal Act, 2001, as amended provides for alternative instalments and due dates in the year for which the taxes are imposed other than those established under clause (4) to allow taxpayers to spread the payment of taxes more evenly over the year. A taxpayer may pay taxes on a 12- month pre-authorized payment plan payable on the first day of each month from December to November. In the event of the default of payment on the pre - authorized payment plan, enrolment in the plan shall be terminated and the interim tax levy shall be due and payable on the instalment dates as set ou t is Section 4 of this by-law; 6. That as provided in Section 345 (2) of the Municipal Act, 2001, as amended if the taxes or any instalment levied in accordance with this by-law remain unpaid on the first day of the month following the instalment due dates set out in Section 4 of this by-law, a penalty of one and one quarter per cent (1.25%) will be imposed on the amount for taxes due and unpaid; and 7. That as provided in Section 345(3) of the Municipal Act, 2001 as amended any taxes levied pursuant to this by-law that are due and unpaid, interest at the rate of one and one quarter per cent (1.25%) per month (15% per annum) of the unpaid taxes shall be levied on the first day of each calendar month for so long as the taxes remain unpaid. 8. That in accordance with the Municipal Act, 2001, Section 317(2) this by-law shall be effective on January 1, 2024. Passed in Open Council this XX day of November, 2023. Adrian Foster, Mayor June Gallagher, Municipal Clerk Page 21 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: November 6, 2023 Report Number: LGS-029-23 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: By-law Number: Report Subject: Amendment to OPG License Agreement for Playing Fields Recommendations: 1. That Report LGS-029-23, and any related delegations or communication items, be received; 2. That the Deputy CAO/Solicitor be authorized to execute the “Third Licence Amending Agreement” with the Ontario Power Generation, on terms and conditions substantially consistent with the contents of Report LGS-029-23; 3. That the Deputy CAO/Municipal Solicitor be authorized to execute any future amendments to the Licence Agreement required to accommodate the operational needs of either OPG or the Municipality; and 4. That all interested parties listed in Report LGS-029-23, and any delegations, be advised of Council’s decision. Page 22 Municipality of Clarington Page 2 Report LGS-029-23 Report Overview This report provides background and recommendations to amend a licensing agreement for property owned by Ontario Power Generation and used by Clarington for public recreational purposes. 1. Background Initial Agreement and Amendments 1.1 In 1977, Clarington and Ontario Hydro (which later transferred to the Ontario Power Generation (OPG) entered into an agreement with respect to the social, economic and financial impacts on the municipality arising out of the construction and operation of the Darlington Generating Station. This agreement provided that Ontario Hydro would compensate the municipality for such things as advancing community facilities and providing such community services as recreational activities. 1.2 In 1990, Clarington entered into a non-exclusive license agreement with OPG, for 50 years from June 1, 1990, to allow Clarington to enter and construct upon a portion of OPG’s lands, for public recreational uses (the “License Agreement”). 1.3 In 1997, arising out of Report WD-50-97, OPG and Clarington entered into an amending agreement (first amending agreement) (By-law 97-171) which expanded the boundaries of the lands and where OPG agreed to advance funds for the construction and installation of soccer facilities. This change arose out of discussions with the Darlington Youth Soccer League (DYSL). The DYSL assumed the cost of construction and the Municipality assumed the cost of the maintenance. In recent years, Clarington entered into an agreement with the DYSL to provide them with autonomy over booking the fields based on their agreement to provide on-going upkeep, and payment for electricity and water use. 1.4 In 2000, arising out of Report WD-24-00, the parties entered into a second amending agreement (By-law 2000-70) to include additional lands involving the Darlington Baseball Field and the former “Solina Farm House Lands”. The Municipality of Clarington was responsible for grass cutting, fencing, bleachers, garbage pickup, amongst other obligations. OPG was responsible for the electrical system, the electrical shed, and sprinkler system. 1.5 In 2002, via a letter, the Municipality released OPG of its maintenance obligations for the electrical system and lights associated with the baseball field. Page 23 Municipality of Clarington Page 3 Report LGS-029-23 1.6 In 2013, arising out of Report OPD-008-13, the second amending agreement was rescinded and Clarington relinquished the use of the Darlington Baseball Field for the purpose of additional parking for the Darlington Nuclear Generating Station. This termination was due to security and maintenance reasons and the fact that the lands had not been available for public use for several years. OPG was also in need of the lands for vehicular parking to accommodate the needs of the Refurbishment Project. 2. Proposed Third Amending Agreement 2.1 OPG has requested a modification to the License Agreement to enable OPG to use the lower field parking lots for a snow storage area during the winter months. The playing fields are not in use during winter, and so Staff have no reservations about recommending this change. 2.2 This additional agreement will also formally remove the upper soccer fields from the scope of the License Agreement to confirm what was previously agreed upon. This amendment is a “housekeeping” item as the upper soccer field has not been in existence for many years. A map illustrating the licensed area is included as Attachment “A” to this Report. 3. Future Amendments 3.1 This agreement and its accompanying amendments fall within the “real estate portfolio” of the Legal Division and have no monetary value or larger community impact. As such, Staff are recommending that the details and execution of this, and future amendments to this agreement, be delegated to the Deputy CAO/Solicitor. 4. Financial Considerations 4.1 Not applicable. 5. Concurrence This report has been reviewed by the Director of Public Works who concurs with the recommendations. Page 24 Municipality of Clarington Page 4 Report LGS-029-23 6. Conclusion It is respectfully recommended that Council authorize the execution of the proposed third amending agreement with OPG, and delegate the authority for future changes, to the Deputy CAO/Municipal Solicitor. Staff Contact: Rob Maciver, Deputy CAO/Solicitor, 905-623-3379 or rmaciver@clarington.net. Attachments: Attachment A = Map showing licensed area Interested Parties: The following interested parties will be notified of Council's decision: Nick Bryan, Sr. Real Estate Associate, Ontario Power Generation Izsak Dewar, Real Estate Associate, Ontario Power Generation Page 25 681200 681200 681400 681400 681600 681600 681800 681800 682000 682000 682200 68220048604004860600486080048610004861200 : 0 50 100 150 20025Meters drawing num ber she et revision RealEstateServices reque ste d by coord ina te syste m zone horizona l / vertical d atum sca le units client group de signe d by 1:3,500 2023/10/04 Meters N. BRYAN NAD 1983 CSRS UTM 17N NA 1983 CSRS / CGVD28 001 of 1 DISCLAIMER:© Ontario P ower Generation Inc. 2023. This m ap has been prod uced and d istributed for OntarioPower Generation Inc. purposes only. No part of this m ap m ay be reprod uced , published ,converted , or stored in any d ata retrieval system , or transm itted in any form or by any m eans(electronic, m echanical, photocopying, record ing, or otherwise) without the prior writtenperm ission of OP G. The inform ation on this m ap m ay not be accurate or up to d ate. OP G m akes norepresentations or warranties, either express or im plied , regard ing this m ap. Any third party relieson the inform ation in this m ap at its own risk and neither OP G nor any agent acting on OP G’s behalfassum es any liability with respect to the use by a third party of this map. This m ap m ay contain d ataand other inform ation sourced from Ontario Ministry of Natural Resources & Forestry and ESRI. Thisinform ation is greatly acknowled ged . I. DEW AR CORP RE DNGS_ ClaringtonRe cLice nce _ v00_2023-10-04.pd f da te 01 00 revno d ate particulars dwn chkd de signed verifie d approve d Dra fting Enginee ring SCHEDULE "A" Legend OP G Darlington Site The "Land s" The "Form er Land s" The "P arking Lots" Road PARK RD CRAGO RD ENERGY DR HWY 401 Page 26 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: November 6, 2023 Report Number: LGS-031-23 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: L-1000-11 By-law Number: Report Subject: Site Alteration By-law Review Recommendations: 1. That Report LGS-031-23, and any related delegations or communication items, be received; 2. That Staff in the Legislative Services and Planning and Infrastructure Services Departments conduct a public consultation on proposed changes to the Clarington Site Alteration By-law, and report back to Council with a new draft by-law to replace the existing by-law; and 3. That all interested parties listed in Report LGS-031-23, and any delegations be advised of Council’s decision. Page 27 Municipality of Clarington Page 2 Report LGS-031-23 Report Overview Due to a variety of factors, including changes to Provincial regulation, enforcement challenges, and administrative obsolescence, the Clarington Site Alteration By-law 2008-114 requires updating. Report LGS-031-23 is seeking direction for Staff in the Legislative Services and Planning and Infrastructure Services Departments to undertake a comprehensive process to consult with the public and to prepare a new Site Alteration By- law that will best address our current challenges and changing needs. 1. Background 1.1 Section 142 of the Municipal Act, 2001, specifically authorizes a local municipality to prohibit or regulate the placing or dumping of fill, the removal of topsoil, and the alteration of the grade of the land. It also authorizes a local municipality to require that a permit be obtained for the placement or removal of fill, and to impose conditions to a permit including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site. These activities are collectively referred to as “site alteration”. 1.2 Effective regulation of site alteration is an extremely important function, especially for a municipality like Clarington that is witness to explosive development potential and that is an attractive target as a destination for excess fill from development activities across the Greater Toronto Area. 1.3 The current Clarington Site Alteration By-law was enacted in 2008 with the intention of preventing the kinds of problems associated with unrestricted importation or removal of fill, and uncontrolled changes to the grade of land. In the most extreme cases these problems could include the unmonitored importation of fill from unknown sources with the potential to contain hazardous contaminants, and changes to the grade that are detrimental to the natural environment. 1.4 Site alteration is a challenging area of regulation, in part due to the imaginative efforts by some businesses and individuals to circumvent the rules. Enforcement and prosecution of site alteration offences also tends to be difficult and time consuming due to the fly-by-night character of some fill operations, and the dilution of responsibility between property owners, construction companies, hauling companies, and individual truck drivers. 1.5 It should also be noted that the financial incentives associated with illegal fillin g operations can be considerable. Large fill sites have the potential to generate revenues in the millions of dollars to the detriment of human and environmental health, and municipalities such as Caledon and Whitchurch-Stouffville have found themselves Page 28 Municipality of Clarington Page 3 Report LGS-031-23 waging expensive legal battles with a small number of unscrupulous but well-financed property owners who are determined to challenge all efforts at regulation. 1.6 In recognition of the public interest associated with site alteration, and the negative impacts of the importation of contaminated fill, the Province of Ontario has promulgated a regulation to the Environmental Protection Act (O. Reg. 406/19) that pertains to the management of on-site and excess soil. The regulations require, among other things, that excess soil be tested for contaminants prior to being exported to another location, and that the source of excess soil be certified prior to arrival at an offsite destination. 2. Proposal for Review of the Site Alteration By-law 2.1 Given the circumstances described above, it has become a pressing need for Clarington to undertake a comprehensive review of the existing Site Alteration By-law 2008-114 to address known issues, and to update municipal regulations in accordance with the Provincial changes and best practices that have emerged since the time the current by- law was enacted some 15 years ago. 2.2 A partial list of specific topics for review includes:  necessary updates related to the on-site and excess soil management regulations under the Environmental Protection Act;  review and reconsideration of activities exempted under the current by-law in light of the potential for abuse;  tightening of regulation surrounding permit application processes and conditions;  clarification of the responsibilities among property owners and various industry actors;  various clarifications, improvements, and “housekeeping” amendments; and  introduction of a set fine regime to support more effective enforcement. 2.3 As a component of the by-law review, it is recommended that Staff give public notice that a new Site Alteration By-law is under development and to invite public input. It is proposed that Staff would organize a public meeting for the purpose of collecting input about changes that are needed to the current Site Alteration By-law, and that certain local landscaping and excavation businesses would be specifically invited to participate. Any input received thought the process would be carefully considered by Staff for inclusion in any subsequent recommendations to Council. Page 29 Municipality of Clarington Page 4 Report LGS-031-23 2.4 It is proposed that a complete list of required and suggested changes would be generated following the input received from the public, and that a new Site Alteration By-law would be prepared and presented to Council for enactment in 2024. 3. Financial Considerations Not Applicable 4. Concurrence This report has been reviewed by the Director of Planning and Infrastructure Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Council provide the direction to Staff contained in Report LGS-031-23 to confirm Council’s support for the process to undertake a comprehensive review of Clarington’s current Site Alteration By-law, which process shall include public consultation. Staff Contact: Rob Maciver, Deputy CAO/Solicitor, 905-623-3379 ext. 2013 or rmaciver@clarington.net. Attachments: Not Applicable Interested Parties: List of Interested Parties available from Department. Page 30 MUNICIPALITY OF CLARINGTON General Government Committee Meeting RESOLUTION #_________________ DATE: November 6, 2023 MOVED BY Councillor Rang SECONDED BY Councillor Zwart That Report LGS-021-23, and any related delegations or communication items, be received; That the Municipality of Clarington maintain the existing four-ward boundary system; and That all interested parties listed in Report LGS-021-23, and any delegations, be advised of Council’s decision. Page 31 MUNICIPALITY OF CLARINGTON General Government Committee Meeting RESOLUTION #_________________ DATE: November 6, 2023 MOVED BY Mayor Foster SECONDED BY Whereas many Ontario lobbyists operate in multiple municipal settings and multiple levels of government; And whereas it is desirable to have a consistent system to regulate lobbying activities; Now therefore be it resolved: That subsections 223.11 and 223.12 of the Municipal Act be amended such that the Province create, define, and administer a provincial-wide municipal lobbyist registry for Ontario municipalities in consultation with the Association of Municipal Clerks and Treasurers Association of Ontario (AMCTO) and the Association of Municipalities of Ontario (AMO); That this registry be administered by a Provincial registrar; and That this resolution be distributed to the Minister of Municipal Affairs and Housing, local MPPs, AMCTO, and AMO. Page 32