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HomeMy WebLinkAbout08/13/2012 (Special)C1 0 arin on Leading the Way SPECIAL COUNCIL MEETING DATE: MONDAY, AUGUST 13, 2012 TIME: 9:00 A.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER DISCLOSURE OF PECUNIARY INTEREST COMMUNICATIONS Receive for Direction D - 1 Lynda Motschenbacher — Request for Extension to Building Permit STAFF REPORTS 1. Report CSD- 008 -12 — Community Infrastructure Improvement Fund (CIIF) - Clarington Fitness Centre Renovation Application 2. Confidential Report PSD- 035 -12 — Waterfront Land Acquisition (To be distributed under separate cover) BY -LAWS CONFIRMING BY -LAW ADJOURNMENT CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379 SUMMARY OF CORRESPONDENCE August 13, 2012 CORRESPONDENCE FOR DIRECTION D - 1 Lynda Motschenbacher requesting a six -month extension to building permit 10.0211 for construction of a new single family home at 8535 Ormiston Road; indicating that she and her husband are building the house themselves and listing building construction finished to date; and, requesting a six month extension to the permit in order to allow time to fulfill all conditions of the permit required and provide a new deadline of March 7, 2013. (Motion to approve a six month extension for the use of temporary living quarters at 8535 Ormiston Road subject to signing a further Letter of Undertaking) Staff Report # 1 REPORT COMMUNITY SERVICES DEPARTMENT Meeting: SPECIAL COUNCIL MEETING Date: August 13, 2012 Resolution #: By -law #: Report #: CSD- 008 -12 File #: Subject: COMMUNITY INFRASTRUCTURE IMPROVEMENT FUND (CIIF) — CLARINGTON FITNESS CENTRE RENOVATION APPLICATION RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CSD- 008 -12 be received; 2. THAT Council endorse the Clarington Fitness Centre Renovation Project; 3. THAT Staff be directed to proceed with the CIIF application process; 4. THAT Report CSD- 008 -12 be forwarded to the Community Infrastructure Improvement Fund (CIIF) as part of the application process; 5. THAT if approved, the Municipal portion of the project ($1.52 million) be financed from Community Services Capital reserve fund $400,000, CSD Building Refurbishment reserve fund $200,000, Impact/Escrow reserve fund $600,000 and General Municipal reserve fund $320,000; and 6. THAT the attached by -law (Attachment 2) authorizing the Mayor and CAO and /or Clerk to execute any contribution agreements required by the Federal Economic Development Agency for Southern Ontario (FedDev Ontario) as well as any other documents that may be required to qualify for this funding opportunity be approved. G1 Submitted by: J PC /ga Jo ep�i P. Caruana Die {o r, Community S vices Reviewed by.- �6 It Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905- 623 -3379 REPORT NO.: CSD- 008 -12 1.0 BACKGROUND PAGE 2 1.1 On July 5, 2012 the Minister of State for the Federal Economic Development Agency for Southern Ontario (FedDev Ontario) launched the Ontario allocations of the Community Infrastructure Improvement Fund (CIIF) (Attachment 1). This program, first announced in the Economic Action Plan 2012, provides funding for the repair and improvement of community infrastructure facilities across the country. 1.2 FedDev Ontario has provided an allocation of $49.6 million over two years for the province of Ontario. The program guidelines state "The new Fund will support the rehabilitation and improvement, including expansion, of existing community infrastructure facilities such as community centres, recreational buildings, local arenas, cultural facilities and other community facilities." 1.3 The program is eligible to local governments and the projects must fall under the eligible project categories. For the purpose of this report it is noted that swimming pools are specifically identified in the list of eligible categories. 1.4 The deadline for application submission is August 24, 2012. To qualify, all projects must be substantially completed by March 31, 2014. The maximum amount of funding a recipient could receive is $1 million and the total funding from all federal sources will not exceed 50 per cent of the total for all eligible project costs. However, priority may be given to projects that require a CIIF contribution of 33.3 per cent. For the purposes of this submission Staff is preparing to apply for 50 per cent funding to a maximum of $1 million. 2.0 CLARINGTON FITNESS CENTRE 2.1 With the announcement of this funding opportunity, staff reviewed possible projects that would qualify. After a detailed review of the guidelines, a renovation project to the Clarington Fitness Centre (CFC) would accommodate the intent of the program. If approved, the renovation would provide the facility with a much needed facelift, to adequately meet the needs of our growing population and extend the lifespan of the facility by approximately 20 years. 2.2 The Clarington Fitness Centre was opened to the public in January of 1981 and to date the facility has served our population very well. Since its opening, however, the Municipality has also opened two other aquatic facilities; the Courtice Community Complex (1997) and the Newcastle & District Recreation Complex (2008). 2.3 The Courtice and Newcastle pools offer design features such as water slides, family change facilities, adequate public viewing, a leisure concept pool tank and a tot pool teaching area that make those facilities more attractive to our users. REPORT NO.: CSD- 008 -12 PAGE 3 2.4 As a result, user statistics for non - structured swims as well as department programs have declined at the Clarington Fitness Centre over the years with patrons preferring to attend Newcastle or Courtice. 2.5 On a positive note, the Clarington Fitness Centre is also home to the Clarington Squash Club. The facility currently provides two squash courts and efforts by Staff and squash enthusiasts have seen a significant growth in squash over the last four years. Any renovation to the Clarington Fitness Centre will also consider adding an additional squash court. 3.0 RENOVATION PROGRAM 3.1 In preparing the renovation program, consideration for upgrades included: • Legislative Requirements • Code Compliance • Safety • Equipment Maintenance • Industry Best Practices • Operating Efficiencies • Risk Management. 3.2 In addition to the above considerations, the facility has specific challenges that restrict the ability to provide programs and services. These include: • Lack of family change rooms • Shallow end of pool too deep for younger age groups • Second floor accessibility • Lack of proper patron viewing (pool /squash) • Lack of meeting room space • Lack of natural light onto the pool deck area 3.3 An accessibility audit has recently been completed which identifies several accessibility challenges within the facility such as: • Entrance door clearing widths • Elevator access to second floor • Accessible public washrooms • Interior door clearance widths • Lack of power door operation 3.4 Finally, an energy audit has also recently been completed which identified a number of energy conservation strategies that should also be considered, such as: • Retrofit all facility lighting • Water conservation measures REPORT NO.: CSD- 008 -12 • Install a pool air dehumidification unit • Various miscellaneous upgrades 4.0 PROJECT BUDGET /FINANCING 4.1 After careful review and consultation the project is estimated as follows: • Construction - $2,100,000 • Design - $210,000 • Contingency- $210,000 Project Total - $2,520,000 Federal Portion (if approved) - $1,000,000 Municipal Portion - $1,520,000 4.2 The municipal portion of the estimated project cost of $1,520,000 is to be financed in the amount of $400,000 from the Community Services Capital reserve fund, $200,000 from CSD Building Refurbishment reserve fund, $600,000 from Impact /Escrow reserve fund and $320,000 from General Municipal reserve fund. 5.0 COMMENTS PAGE 4 5.1 This project will certainly improve the quality of service provided to our residents. The building will be fully accessible, meet all code regulations, and provide modern amenities to our patrons. 5.2 Upon approval of this report, staff will initiate the funding application process and if successful will immediately commence the procurement process for architectural services to complete the design and prepare to tender the project. Based on the requirement for completion of all projects by March 31, 2014, the tender for construction will need to be awarded in the spring of 2013. 5.3 If our application is approved, the facility will be closed for approximately eight to ten months. During this time, Staff will work diligently to accommodate as much programming in our other aquatic facilities as possible, minimizing the impact to services as much as possible. 6.0 CONCURRENCE 6.1 This report has been reviewed by Nancy Taylor, Director of Finance who concurs with the financial recommendations. REPORT NO.: CSD- 008 -12 CONFORMITY WITH STRATEGIC P PAGE 5 The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: _ Promoting economic development Maintaining financial stability _ Connecting Clarington _ Promoting green initiatives X Investing in infrastructure _ Showcasing our community Not in conformity with Strategic Plan Staff Contact: Joseph P. Caruana, Director of Community Services Attachments: Attachment 1 — Community Infrastructure Improvement Fund Guidelines Attachment 2 — By -law authorizing execution of Agreement between Municipality of Clarington and the Government of Canada (FedDev Ontario CIIF) Attachment 1 to Report CSD- 008 -12 Federal Economic Development Agence f6d€rale de d6veloppement a «, a Agency for Southern Ontario dconomique pour le Sud de I'Ontarlo Home > Our Programs > Community Infrastructure Improvement Fund Community Infrastructure Improvement Fund Guidelines Background The Government of Canada is committed to strengthening public infrastructure. Economic Action Plan 2012 announced $150 million nationally over two years for a new Community Infrastructure Improvement Fund (CIIF). The new Fund will support the rehabilitation and improvement, including expansion, of existing community infrastructure facilities such as community centres, recreational buildings, local arenas, cultural facilities and other community facilities. This will improve the quality of community facilities and provide economic benefits, including support for job creation, In communities across Canada. The Federal Economic Development Agency for Southern Ontario (FedDev Ontario) is delivering this program in Ontario. FedNor, the Federal Economic Development Initiative for Northern Ontario, will provide support to FedDev Ontario by promoting and launching the fund in Northern Ontario. The CIIF allocation for Ontario is $49.6 million over two years. Eligibility I. Eligible Recipients 'Eligible recipients under the CIIF include; • a local or regional government established by or under provincial statute; • a First Nation government, including a Band or Tribal Council or its agent (including its wholly -owned corporation); • a not - for - profit entity; • a provincial entity that provides municipal -type services to communities, as defined by provincial statute; and a public- sector body that is wholly owned by a local or regional government (as above). U. Eligible Projects CIIF funding is for the rehabilitation or improvement, including expansion, of existing community infrastructure that.is non - commercial in nature. Expansions such as adding ramps to improve accessibility to a facility, adding a roof to an outdoor rink or extending a trail or bike path *e all eligible activities. Ineligible expansion activities are those that would result in new infrastructure or a significant increase (i.e.. 50 per cent or more in square footage) in the footprint of the facility. Construction of new infrastructure is ineligible. The facility needs to be open for use to the public and not limited to a private membership. Eligible projects must; • fall under an eligible category and be proposed by an eligible recipient; • be for the rehabilitation or improvement, including expansion, of existing community infrastructure assets; • leverage a minimum of 50 per cent of funding from other sources. Priority may be given to projects that leverage 66.6 per cent or more; and • be substantially completed by March 31, 2014. For the purposes of the CIIF, "substantially completed" has the same meaning and shall be determined in accordance with how the term "substantially performed" is determined in subsection 2(1) of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended, and "Substantial Completion" shall have a corresponding meaning. Projects must fall within the following project categories to be eligible for funding under the CIIF: • community centres • cultural centres • parks, recreational trails such as fitness trails, bike paths and other types of trails • libraries • recreational facilities including local arenas, gymnasia, swimming pools, sports fields, tennis, basketball, volleyball or other sport- specific courts, golf courses, ski hills or other types of recreational facilities • tourism facilities • docks; and • other existing community infrastructure assets that have a local community impact, such as local roads, drinking water treatment and distribution systems, connectivity and broadband, local airports, solid waste management and wastewater infrastructure. Priority will be given to projects that can demonstrate anticipated economic benefits to their community., including the potential for job creation and the use of new technologies and innovation. III. Eligible Project Costs Eligible costs are costs considered to be direct and necessary for the successful implementation .of an eligible project, excluding those explicitly identified in Ineligible Costs, that are paid by an eligible recipient, and that are paid under a contract for goods or services. All eligible costs outlined below can only be reimbursed to the recipient following the signing of a contribution agreement. Costs must first be incurred and paid by the recipient, and will then be reimbursed by Canada at the prescribed percentage of federal contribution. Eligible costs for support under the CIIF are as follows: • costs that are incurred between April 1, 2012 and March 31, 2014; • costs to rehabilitate or improve fixed capital assets of community infrastructure, including expansions; fees paid to professionals, technical personnel, consultants and contractors specifically engaged for the purpose of the rehabilitation or expansion project; • costs of environmental assessments, monitoring and follow -up programs as required by the Canadian Environmental Assessment Act (CEAA) or equivalent legislation; • costs of any public announcement and official ceremony or of any temporary or permanent signage that includes the cost of creation and posting of s.lgnage;. • . other costs that are considered to be direct and necessary for the successful implementation of the project and that are approved in advance; and • Employee And Other Incremental Costs The incremental costs of the recipient's employees or its direct costs may be included in eligible costs under the following conditions; the recipient is a local, regional or First Nation government; the recipient confirms and substantiates that it is not economically feasible to tender a contract; employees or equipment are employed directly in respect of the work that would have been the subject of the contract; and the costs were approved in advance and are included in the-contribution agreement. IV. Ineligible Project Costs Costs related to the following items are not eligible costs under the CIIF: • project costs incurred before April 1, 2012 or after March 31, 2014; • moveable equipment, including motorized vehicles, furniture and sports equipment; • services or work that is normally provided by the recipient or a related party; • salaries and other employment benefits of any employees of the recipient except as indicated under Employee And Other Incremental Costs above; • a recipient's overhead costs, its direct or indirect operating or administrative costs, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by the recipient's staff; • the cost of feasibility and planning studies; • taxes, such as GST and HST, for which the recipient is eligible for a tax rebate and all other costs eligible for repates; • the cost of land or any interest therein, and related costs; • cost of leasing of equipment by the recipient except for as indicated in eligible costs, above; • legal fees; • routine maintenance costs; and, • project administration costs that involve the salaries and benefits of existing staff and general administration costs unrelated to project implementation. Funding Under CIIF, eligible recipients may receive a non - repayable contribution of up to 50 percent of eligible costs of an infrastructure project, with recipients providing the remaining balance. However, priority may be given to those projects that require a CIIF contribution of only 33.3 per cent. Eligible recipients may receive contributions of up to a maximum of $1,000,000. The total funding from all federal sources will not exceed 50 per cent of total eligible project costs. All projects are required to begin and substantially complete construction prior to March 31, 2014. Should this condition of funding not be met, Canada shall have the right to cancel funding in whole or in part, and further, Canada shall have the right to be repaid any funding advanced, in whole or in part, for any project that is not completed by the end of the program. Application Process Project applications and supporting documentation must be submitted or postmarked no later than 5:00 p.m; EDT on August, 24, 2012. Applicants may submit multiple applications but must priority rank their projects on their application forms. A separate application must be submitted for each project. To apply to the CIIF, applicants must: 1. Review these Program Guidelines and the Application Guide, to ensure your organization is an eligible recipient and your proposed activities and objectives fit within the CIIF `s objectives and criteria. 2. Complete the Community Infrastructure Improvement Fund Application Form (PDF, 1.17 MB, 5 pages). 3. Attach all supporting documents as outlined in the Application Guide. A complete application package must be submitted in order for FedDev Ontario to review your application. 4. Submit the package for consideration online. Alternatively, application packages from southern Ontario may also be sent by: Email: infrastructure(c feddevontario.ac , ca Mail: Attention: Community Infrastructure Improvement Fund Federal Economic Development Agency for Southern Ontario 151 Yonge Street, 4th Floor Toronto, ON M5C 2W7 Fax: 416- 973 -6505 And application packages from northern Ontario may also be sent by: Email: FedNor.CIIFCabic.gc.ca Mail: Attention: Community Infrastructure Improvement Fund FedNor 19 Lisgar Street, Suite 307 Sudbury, Ontario, P3E 31_4 Fax: 705- 671 -0717 Other Requirements Endorsement Project applications must be duly authorized or endorsed by a resolution of Council / Band or Tribal Council/ Board of Directors, as applicable. The resolution must be submitted at the time of the application. Additional documentation will be required from not- for - profit entities. See Application Guide for more information. All funded projects will also require a resolution to enter into a contribution agreement. Ownership of Asset If at any time within six (6) years from the date of completion of the project, the recipient sells, leases, encumbers or otherwise disposes of, directly or indirectly, any asset constructed, rehabilitated or improved, in whole or in part, with the financial assistance contributed under the terms. of the CIIF, the recipient must repay the federal government, on demand, a proportionate amount of the financial assistance, as follows: Ownership of Asset Where Project asset is sold, leased, encumbered or disposed of: Repayment of contribution (in . current dollars) Within 2 Years after Project completion 1000/0 ' Between 2 and 6 Years after Project completion 55% i j 6 Years after Project completion 011/0 If an applicant does not own the asset for which CIIF funding is requested, the applicant must complete an Applicant Declaration and Landlord Authorization form at the time of application. Environmental Assessment Projects receiving federal funding may require federal environmental assessment requirements to be met, including the Canadian Environmental Assessment Act. The information requested in the project application will help to determine whether an assessment is required. Eligible costs cannot be reimbursed until this review has been completed. Reporting All recipients of funding for a project, funded under the CIIF, will be required to submit progress reports until project completion. The progress report should detail progress on the implementation of the project, and amounts received from Canada through the agreement, amounts expended on approved projects, and an overall update on the project status, Further information on the details of this reporting will be provided to approved recipients in their contribution agreements. Application Review FedDev Ontario will review all applications following the application deadline. Applicants will be notified when their projects are approved, .It is the intention of FedDev Ontario to have contribution agreements- put in place quickly and efficiently so that available funds can flow to projects as soon as possible. The contribution agreements are also an important part of the accountability framework for the investments made under the CIIF. In addition to meeting the eligibility requirements described above, priority will be given to projects that can demonstrate anticipated economic benefits to their community, including the potential for job creation, and the use of new, technologies. All eligible recipients will be required to provide a description of the project benefits, which may inform the evaluation and selection of projects under the CIIF. Projects will be assessed on the eligibility requirements and priority areas described above, as well as the following selection criteria. Project Readiness: All eligible recipients will be required to provide information necessary to determine if the project is construction -ready and will be substantially completed by March 31, 2014. Incrementality: All eligible recipients will be required to attest, in conjunction with their project application, that the work to be undertaken Is an incremental construction activity that would not otherwise have been constructed by March. 31, 2014, were it not for funding from the CIIF. Federal funding could be used to provide sufficient funding-to allow a project to proceed that would not otherwise be built, or could be used to accelerate a project planned for future years so that it can be completed by March 31, 2014, Extent to which Other Funding is Leveraged: The ability for a given project to leverage 66.6 per cent of project funding from other sources may be considered when making project decisions. Technology and Innovation: All eligible recipients will be assessed on the use of innovative technologies, new techniques, processes or materials used in the project. , Partnerships: All eligible recipients will be assessed on the extent to which community -based partnerships have been formed for the use of the facility, Program Contact Information Community Infrastructure Improvement Fund Federal Economic Development Agency for Southern Ontario 151 Yonge Street, 4th Floor Toronto, Ontario M5C 2W7 Tel: 1- 866 - 593 -5505 Fax: 416- 973 -6505 Email; infrastructure Ccbfeddevontario.gc,ca TTY; 1- 800 - 457 -8466 Attachment 2 to Report CSD- 008 -12 THE CORPORATION OF THE MUINCIPALITY OF CLARINGTON BY -LAW 2012- Being a By -law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and the Government of Canada — FEDDEV Ontario Community Infrastructure Improvement Fund The Corporation of the Municipality of Clarington hereby enacts as follows: THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of The Municipality of Clarington and seal with the Corporation Seal, an Agreement between The Government of Canada and said Corporation; and 2. THAT the agreement attached hereto as Schedule "A" forms part of this by -law. By -law passed in open session this 13th day of August 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk SUMMARY OF BY -LAWS AUGUST 13, 2012 BY -LAWS 2012 -066 Being a By -law to amend By -law No. 84 -63, the Comprehensive Zoning By -law for the Municipality of Clarington (Approved by Council on July 4, 2011) 2012 -067 Being a By -law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and the Government of Canada — FEDDEV Ontario Community Infrastructure Improvement Fund (Staff Report #1)