The Corporation of the Town of Ajax COUNCILCOUNCIL
Monday March 25, 2019 at 7:00 p.m. Council Chambers, Town Hall 65 Harwood Avenue South Confirmed by: ~ Confirmed by: ______AGENDA
Alternative formats available upon request by contacting: [email protected] or 905-619-2529 ext. 3347
Online Agenda Anything in blue denotes an attachment/link. By clicking the links on the agenda page, you can jump directly to that section of the agenda.
1. Call To Order & Acknowledgement
An acknowledgment of Traditional Territory is an invitation to reflect on personal relationships with Indigenous Nations. When we acknowledge Treaty we are asking individuals to explore their rights and responsibilities to place and people. And when Land is acknowledged we are encouraging you to seek out the history and teachings of the natural world.
2. Disclosure of Pecuniary Interest
3. Adoption of Minutes
3.1 Strategic Planning Meeting – February 20 & 21, 2019 ...... 4
3.2 Regular Meeting February 25, 2019 ...... 8
4. Delegation and Presentations / Public Hearings
4.1 Presentation Ajax FC 2004 Girls Red Soccer Team 2019 Ontario Indoor Cup Provincial Champions ~ Scott Hardie, Head Coach, Ajax FC
4.2 Delegation Tourism Matters ~ Brandon Pickard, Manager of Tourism, Durham Tourism ~ Chuck Thibeault, Executive Director, Central Counties Tourism
4.3 Delegation Business Advisory Centre Durham - Activity Update ~ Teresa Shaver, Executive Director, Business Advisory Centre
4.4 Delegation 2019 Ajax-Pickering Board of Trade Plans and Priorities ~ Christine Ashton, President, Ajax-Pickering Board of Trade 4.5 Delegation PARA Marine Search and Rescue - 2018 Year in Review and 2019 Strategic Plan ~ Colin Thomson, Commodore & Unit Leader ~ Clint Scott, Community Outreach and Development Officer
5. Correspondence ...... 15
6. Reports
6.1 Community Affairs & Planning Committee Report None
6.2 General Government Committee Report March 4, 2019 ...... 25 (Operating Budget)
General Government Committee Report March 18, 2019 ...... 27
6.3 Summary of Advisory Committee Activities March 25, 2019 ...... 32
6.4 Departmental Reports March 25, 2019
6.4.1 2019 Report on Non-Cash Expenses as Required by Ontario regulation 284/09, S. Strain, Director of Finance/Treasurer / M. Chee, Senior Financial Analyst ...... 33
6.4.2 Authorizing Resolutions Related to Veridian & Whitby Hydro Merger, D. Hannan, Acting Director of Legislative & Information Services / A. Harras, Manager of Legislative Services/Acting Clerk ...... 36
7. Regional Councillors’ Report...... 50
8. Business Arising From Notice of Motion
8.1 Windrow Clearing - Councillor Khan & Regional Councillor Lee ...... 53
8.2 Riverside Drive Road Design - Regional Councillor Crawford & Councillor Tyler Morin ...... 54
8.3 Amendments to Flag Raising & Proclamation Policies - Mayor Collier ...... 55
9. By-Laws
18-2019 Easement in Favour of Durham Common Element Condominium Corporation No. 263, 40R-30349 ...... 56
10. Notice of Motion 11. Question Period
12. New Business, Notices and Announcements
13. Confirming By-Law 19-2019
14. Adjournment Minutes of the Special Strategic Planning Meeting of the Council of the Corporation of the Town of Ajax Held in the Centre for Food, Durham College on Wednesday February 20, 2019 and Greenwood Discovery Pavilion on Thursday, February 21, 2019
Alternative formats available upon request by contacting: [email protected] or 905-619-2529 ext. 3347
Present: Mayor S. Collier Regional Councillors M. Crawford S. Lee J. Dies Councillors R. Tyler Morin A. Khan L. Bower
Day 1 – February 20, 2019, 12:00 p.m.
1. Call to Order
Mayor Collier called the meeting to order at 12:00 p.m.
2. Disclosure of Pecuniary Interest
There were no disclosures of pecuniary interest.
3. Welcome, Introductions and Opening Remarks
Shane Baker, Chief Administrative Officer, welcomed members of Council and the Senior Management Team to the Strategic Planning Meeting and thanked them for their participation. Rachael Wraith, Acting Manager of Public & Strategic Affairs, reviewed the strategic planning process and the results of the public engagement process undertaken by staff. R. Wraith introduced Susan Hall and Jim Faught, Lura Consulting, to lead the exercises throughout the meeting.
J. Faught reviewed the strategic planning framework: Our Ajax Promise; Focus Areas; Goals; and Action Items
4 Town of Ajax Council Strategic Planning Meeting – February 20 and 21, 2019
4. Our Ajax Promise
J. Faught led the group through a visioning exercise to describe the Ajax of 2050. Members of Council discussed their individual visions for Ajax and the qualities that describe it, and were tasked with considering what can be done in the next four years to achieve that vision.
Members and staff divided into groups to discuss the community’s needs, how to define the Ajax promise, and what makes the Ajax Promise unique.
Members and staff reconvened into the larger and shared their collective findings.
Recess
The meeting recessed at 1:16 p.m.
The meeting resumed at 1:37 p.m.
5. Our Ajax Focus Areas
S. Hall led the group through an exercise to help determine the focus areas for the strategic plan. Members divided into groups to explore priorities and thematic connections between them. Following the exercise, members reconvened into a larger group and discussed the top four focus areas in general terms: Community Engagement/Diversity/Inclusion Business/Employment/Investment/Technology Leadership/Financial Sustainability/Governance Healthy/Connected/Active/Vibrant Communities
6. Wrap Up and Summary
R. Wraith reviewed the day’s objectives and the outcomes of the exercises. Members of Council and the Senior Management Team returned to the Ajax Promise and explored potential wording and structure of the Promise statement.
Day 1 Adjournment
Moved by: L. Bower Seconded by: A. Khan
That Council adjourn the Strategic Planning Meeting until 8:30 a.m. on Thursday, February 21, 2019. CARRIED
The Strategic Planning Meeting adjourned at 3:17 p.m.
5 Town of Ajax Council Strategic Planning Meeting – February 20 and 21, 2019
Day 2
7. Call to Order
Mayor Collier called the meeting to order at the Greenwood Discovery Pavilion at 8:30 a.m. on Thursday, February 21, 2019.
8. Disclosure of Pecuniary Interest
There were no disclosures of pecuniary interest.
9. Review of Day 1 Outcomes / Ice Breaker
J. Faught reviewed the draft Ajax Promise and Focus Areas based on discussions during Day 1. S. Hall led Members through a warm-up exercise. Members discussed the draft wording of the Ajax Promise and the four Focus Areas, and explored the differences between the draft Focus Areas of engaging, investing, leading, and connecting.
10. Our Goals
Members broke into groups to discuss goals related to each of the Focus Areas, with attention to high level objectives for the Town. Following the exercise, Members reconvened into the larger group and discussed their identified goals and objectives as they relate to engaging, investing, leading, and connecting the community.
Recess
The meeting recessed at 10:15 a.m.
The meeting resumed at 10:30 a.m.
Members resumed their discussion and identified specific goals within each Focus Area that are priorities. Members of Council discussed concerns heard during the municipal election campaign and how goals and objectives may be developed to respond to those concerns. Members of the Senior Management Team discussed priorities in each of their respective areas and how these priorities align with the goals and objectives of the strategic plan.
Recess
The meeting recessed at 11:15 a.m.
The meeting resumed at 12:40 a.m.
6
Town of Ajax Council Strategic Planning Meeting – February 20 and 21, 2019
11. Prioritization of our Goals
R. Wraith reviewed the results of the public consultation for 22 top priorities for the year 2022. Members broke into groups to discuss, evaluate, and prioritize the feedback received from the public consultation. Following the exercise, members and staff reconvened into the larger group to discuss their findings.
12. Our Actions
Members of Council were each invited to review the feedback they heard during the municipal election campaign and discuss the priority actions they wish to pursue for the term of Council. Members and staff discussed how these actions align with the goals and Focus Areas for the strategic plan.
13. Discussion
Members of Council individually discussed other concerns and action items of importance to them, and their alignment with the strategic plan.
14. Wrap Up & Summary
Mayor Collier and S. Baker thanked all Members of Council and the Senior Management Team for participating in the Strategic Planning Meeting. It was noted that a subsequent meeting would be scheduled to review the draft strategic plan in the near future.
15. Confirming By-Law & Adjournment
Moved by: A. Khan Seconded by: L. Bower
That By-law number 17-2019 being a by-law to confirm the proceedings of the Council of the Corporation of the Town of Ajax at its special strategic planning meeting held on February 20 & 21 2019 be read a first, second and third time and passed; and
That the February 20 and 21, 2019 meeting of the Council of the Town of Ajax Strategic Planning meeting be adjourned. CARRIED
______Mayor
______D-Clerk
7
Minutes of the Meeting of the Council of the Corporation of the Town of Ajax Held in the Council Chambers of the Town Hall on Monday, February 25, 2019 at 7:00 p.m.
Alternative formats available upon request by contacting: [email protected] or 905-619-2529 ext. 3347
Present: Mayor S. Collier Regional Councillors M. Crawford S. Lee J. Dies Councillors R. Tyler Morin A. Khan L. Bower
1. Call to Order
Mayor Collier called the meeting to order at 7:00 p.m. and acknowledged traditional treaty lands.
2. Disclosure of Pecuniary Interest
There were no disclosures of pecuniary interest.
3. Adoption of Minutes
Moved by: S. Lee Seconded by: A. Khan
That the Minutes of the regular meeting of Council held on January 28, 2019 be adopted. CARRIED
4. Delegation and Petitions/Public Hearings
4.1 Pink Shirt Day – February 27, 2019
Moninder Nahar, Community Recreation Supervisor, introduced Daveisha Francis and Trevin Noble, Our Place Youth Hub, who reviewed the services and functions provided by Our Place Youth Hub. Ms. Francis and Mr. Noble discussed the negative impacts of bullying on youth, and requested that Council proclaim February 27th as Pink Shirt Day in the Town of Ajax. Mayor Collier presented the proclamation on behalf of Council.
8 Town of Ajax Council – February 25, 2019
4.2 Durham Community Foundation – Ajax Community Fund Grant Distributions
Scott Collins, Chair, Durham Community Foundation, reviewed the purpose of the foundation and the history of the Ajax Community Fund annual contribution. Mr. Collins discussed the priorities of the Ajax Community Fund Grant and introduced Vivian Curl, Executive Director, Durham Community Foundation. Ms. Curl gave an overview of the funds provided by Ajax in 2018 and the recipient community organizations. Ms. Curl and Mr. Collins thanked Council for their continued support for the community and invited members of Council to their annual community breakfast on December 3rd.
Members of Council asked questions regarding progress reports from recipient charitable organizations and funding sources from the Town. Ms. Curl responded to questions from members of Council. Sheila Strain, Director of Finance/Treasurer, noted that funding for the Ajax Community Fund is drawn from slots revenues. Mayor Collier thanked Mr. Collins and Ms. Curl for their ongoing contributions to the community.
4.3 Diabetes 360°: A Framework for a Diabetes Strategy for Canada
Sepelene Deonarine, Outreach Educator, Regional Delegate Advocacy Diabetes Canada, gave a presentation regarding a framework for addressing Diabetes in Canada. Ms. Deonarine discussed the economic impact of Diabetes, prevalence of Diabetes in Indigenous populations, lack of a Diabetes strategy in Canada, targets for a new Diabetes 360° strategy, costs and benefits, savings achieved as a result of improved care, prevention and screening, treatment and outcomes, specific recommendations for Type- 1 Diabetes, unique considerations of Indigenous peoples, and the project timeline.
Ms. Doenarine introduced Bahar Ashtarieh, Health Promotion, Diabetes Canada, who discussed modern treatment technologies and their impact on quality of life for individuals with Diabetes in Canada.
Council members asked questions regarding costs for modern treatment technologies and fundraising activities undertaken in Durham. Ms. Deonarine and Ms. Ashtarieh responded to questions from Council members. Mayor Collier thanked the delegates for their presentation.
5. Correspondence
Council members pulled item ii) Petition – Committee of Adjustment Decision Regarding Variance Applications A47/18 and A48/18 (99 Christena Crescent) from the Correspondence report for discussion and asked questions regarding the Town’s comprehensive zoning by-law review process. Dave Meredith, Acting Director of Planning & Development Services, responded to questions from members of Council and reviewed the timing of the zoning by-law review.
Moved by: A. Khan Seconded by: S. Lee
That the report dated February 25, 2019 containing Items of Correspondence be adopted. CARRIED
9 Town of Ajax Council – February 25, 2019
6. Reports
6.1 Community Affairs & Planning Committee Report
Moved by: R. Tyler Morin Seconded by: A. Khan
That the Community Affairs & Planning Committee Report dated February 4, 2019 be adopted. CARRIED
6.2 General Government Committee Report
Moved by: S. Lee Seconded by: A. Khan
That the General Government Committee Capital Budget Report dated February 11, 2019, be adopted. CARRIED
Moved by: J. Dies Seconded by: L. Bower
That the General Government Committee Operating Budget, Information & Education Report dated February 14, 2019, be adopted. CARRIED
Moved by: R. Tyler Morin Seconded by: S. Lee
That the General Government Committee Report dated February 19, 2019, be adopted. CARRIED
6.3 Summary of Advisory Committee Decisions
None
6.4 Departmental Reports
None
7. Regional Councillors’ Report
Regional Councillors Crawford, Lee, and Dies reviewed the contents of their written report and discussed matters brought before Durham Regional Council and its committees.
Members of Council asked questions regarding regional funding for Toronto Global and their underperformance in generating employment opportunities for Durham Region. Regional Councillor Lee and Mayor Collier responded to questions from members of Council.
10 Town of Ajax Council – February 25, 2019
Moved by: S. Lee Seconded by: A. Khan
That the Regional Councillors’ Report of February 25, 2019 be received for information. CARRIED
8. Business Arising from Notice of Motion
Mayor Collier relinquished the Chair in order to introduce a motion regarding the 1st Annual Mayor’s Gala. Deputy Mayor Crawford assumed the Chair.
8.1 1st Annual Mayor’s Gala
Mayor Collier reviewed the motion and discussed the importance of holding signature events that will increase revenue generation for local charitable causes.
Members of Council discussed the motion and asked questions regarding the structure of the organizing body for the event and how charitable recipients will be selected. Mayor Collier noted that such decisions would be the responsibility of the organizers, who will not be affiliated with the Town.
Moved by: S. Collier Seconded by: S. Lee
That the Office of the CAO be directed to assist with the coordination of the Town’s 1st Annual Mayor’s Gala at the Quaker Meeting House on June 15, 2019 CARRIED
RECORDED VOTE:
In Favour: Mayor Collier, Councillor Bower, Regional Councillor Dies, Councillor Khan, Regional Councillor Lee, Councillor Tyler Morin, Regional Councillor Crawford
Opposed: None
Mayor Collier resumed the Chair.
Motion to Suspend the Rules of Procedure
Moved by: L. Bower Seconded by: J. Dies
That the rules of procedure be suspended in order to introduce a motion without notice regarding proposed rent increases at 33 and 77 Falby Court. CARRIED on 2/3rds
11 Town of Ajax Council – February 25, 2019
8.2 Proposed Rent Increases at 33 and 77 Falby Court
Councillor Bower reviewed the contents of the motion and discussed the negative impact of the proposed rent increases on residents at 33 and 77 Falby Court. Members of Council discussed the motion and shared their concerns with the proposed rent increases at the two properties.
Moved by: L. Bower Seconded by: J. Dies
WHEREAS safe, good quality and affordable rental spaces are critical to a sustainable, balanced housing supply in Ajax; and
WHEREAS rental percentage increases on properties 33 and 77 Falby Court of 6.3% and 6.4% respectively have been requested by the property owners Homestead Land Holdings Ltd., which are in excess of the provincial guideline increase of 1.8%; and
WHEREAS above guideline rent increases (AGIs) are sought under the Residential Tenancy Act, and sometimes used as a tool to procure vacancies in established properties. An AGI was requested as a result of capital infrastructure improvements made to the properties, which is now before the Landlord and Tenant Board for a decision; and
WHEREAS this level and extent of AGI notice came as a surprise to tenants, and a lack of communication is increasing tenant uncertainty and insecurity;
NOW THEREFORE BE IT RESOLVED THAT Ajax Council strongly encourages Homestead Land Holdings Ltd. to provide uniform, accurate and timely updates to residents in a public meeting format to ensure questions are addressed and a solution is reached; and
THAT Ajax Council supports Falby Court tenants’ position that rental pricing increases need to be incremental to ensure long-term affordability for all residents; and
THAT this resolution be forwarded to Homestead Land Holdings Ltd., the Landlord and Tenant Board, Hon. Rod Phillips (MPP Ajax), the Regional Municipality of Durham, and all local municipalities in Durham Region. CARRIED
RECORDED VOTE:
In Favour: Regional Councillor Lee, Councillor Bower, Regional Councillor Crawford, Regional Councillor Dies, Councillor Khan, Councillor Tyler Morin, Mayor Collier
Opposed: None
12 Town of Ajax Council – February 25, 2019
9. By-laws
Moved by: L. Bower Seconded by: J. Dies
That By-law numbers 9-2019 to 15-2019 be read a first, second and third time and passed. CARRIED
10. Notice of Motion
None
11. Question Period
None
12. New Business - Notices & Announcements
Councillor Khan discussed his attendance at the commemoration of the two-year anniversary of the Quebec City mosque shooting on January 29th, 2019 in the City of Ottawa, and shared his experience. Mayor Collier thanked Councillor Khan for representing Ajax Council at the commemoration.
Members of Council each discussed their upcoming ward meetings in wards 1, 2, and 3 respectively, as well as the Mayor’s meeting.
13. Confirming By-Law
Moved by: A. Khan Seconded by: S. Lee
That By-law number 16-2019 being a by-law to confirm the proceedings of the Council of the Corporation of the Town of Ajax at its regular meeting held on February 25, 2019 be read a first, second and third time and passed. CARRIED
13 Town of Ajax Council – February 25, 2019
14. Adjournment
Moved by: M. Crawford Seconded by: J. Dies
That the February 25, 2019 meeting of the Council of the Town of Ajax be adjourned. (8:13 p.m.) CARRIED
______Mayor
______D-Clerk
14 TOWN OF AJAX A . Townof REPORT TO COUNCIL ~ e TO: Mayor and Members of Council
FROM: A Harras, Acting Clerk
DATE: March 25, 2019
SUBJECT: Items of Correspondence
The following items of correspondence are attached for Council’s information:
i) Town of Ajax: Proclamations issued by the Mayor’s Office ...... 16
ii) City of Pickering: Region of Durham Draft Community Energy Plan ...... 17
iii) Region of Durham: Drafting a Streamlined By-law Regarding Recreational Cannabis Across Durham Region ...... 19 iv) Town of Whitby: Regional Review ...... 21 v) Region of Durham: City of Vancouver Single-Use Items Reduction Strategy ...... 23
A. Harras Acting Clerk
15 MEMO
TO: Mayor and Members of Council
FROM: Linsey Joseph
DEPARTMENT: Legislative and Information Services - Legislative Services
SUBJECT: PROCLAMATIONS ISSUED BY THE MAYOR'S OFFICE
DATE: March 25, 2019
The following Proclamations have been issued during the month of March 2019.
Name of Person/Group(s) Title of Proclamation Date(s) Proclaimed
Town of Ajax Youth Week May 1st-7th, 2019 Canadian Helen Keller Centre National Deafblind Awareness Month June 2019
Linsey Joseph Legislative & Information Services /CC* flag
16 0 -C~ f Corporate Services Department p](KERJNG Legislative Services
Via Email
February 27, 2019
Ralph Walton, Regional Clerk, Director of Legislative Services Region of Durham 605 Rossland Road East Whitby, ON L 1 N6A3
Subject: Director, City Development & CBO, Report PLN 02-19 City of Pickering Community Energy Plan File: A-1400-001-19
The Council of the Corporation of the City of Pickering considered the above matter at a meeting held on February 25, 2019 and the following recommendations were adopted:
1. That Council endorse the Low Carbon Pathway scenario in the draft Community Energy Plan (Energy Plan) in principle;
2. That Council endorse the Energy Plan's recommendations that support a low carbon future save and except Recommendation #2 and Recommendation #3 as outlined in Attachment #1 to Report PLN 02-19;
3. That Council advise the Region of Durham that Pickering has serious concerns with Recommendation #2 regarding the creation of a new central entity to coordinate the implementation of the Energy Plan and instead recommends that Veridian Connections and Enbridge be jointly tasked to lead and coordinate the Energy Plan's implementation, and requests the Region of Durham initiate discussions with Veridian Connections and Enbridge Inc. in this regard;
4. That Council request the Region of Durham to defer the Durham Green Standard Implementation Program in Recommendation #3. until such time as the building community in Durham Region has had an opportunity to assess the risks, barriers, and costs associated with implementing the Green Standard;
Pickering Civic Complex I One The E~nade17 I Pickering, Ontario L1V 6K7 T. 905.420.4611 I F. 905.420.9685 I Toll Free 1.866.683.2760 I [email protected] I pickering.ca Subject: Report PLN 02-19 February 27, 2019
Page 2 of 2
5. That Council authorize staff to participate in developing a five-year implementation plan for the six program areas and report back on the legal, financial and staffing implications of each program; and
6. That the City Clerk forward a copy of Report PLN 02-19 to the Region of Durham, local municipalities in Durham, Veridian Connections, Oshawa Power and Utilities Corporation, Whitby Hydro, Hydro One, Enbridge Inc., Building Industry and Land Development Association and the Durham Region Home Builders' Association.
Please find attached a copy of Report PLN 02-19. Should you require further information, please do not hesitate to contact City Development at 905.420.4617.
Yours truly
(--✓~ Susan Cassel City Clerk SC:lr
Enclosure
Copy: Nicole Cooper, Director, Legislative Services/Town Clerk, Town of Ajax Thom Gettinby, CAO/Clerk, Township of Brock Andrew Brouwer, City Clerk, City of Oshawa Anne Greentree, Municipal Clerk, Municipality of Clarington 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 Veridian Connections Oshawa Power and Utilities Corporation Whitby Hydro Hydro One Enbridge.Inc. Building Industry and Land Development Association Durham Region Home Builders' Association
18 THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS March 4, 2019
Mr. A. Harras Acting Clerk DURHAM Town of Ajax •REGlON 65 Harwood Avenue South Ajax, ON L1S 2H9
The Regional Dear Mr. Harras: Municipality of Durham RE: Drafting a Streamlined By-law Regarding Recreational Corporate Services Cannabis Across Durham Region, Our File: A00 Department – Legislative Services Council of the Region of Durham, at its meeting held on February 27, 605 Rossland Rd. E. 2019, adopted the following recommendations: Level 1 P.O. Box 623 “WHEREAS cannabis consumption became legal across Canada Whitby, ON L1N 6A3 on October 17, 2018; and Canada WHEREAS the Province of Ontario has empowered each region 905-668-7711 and local municipality to create their own places of use rules; and 1-800-372-1102 Fax: 905-668-9963 WHEREAS this flexibility has the potential to create a patchwork of durham.ca approaches throughout the Durham Region which will be confusing for residents, frontline staff and Durham Regional Police officers; and
WHEREAS six of the eight Durham Region municipalities have opted-in to allowing cannabis retail storefronts within their borders, meaning a 50% share of local revenues for Durham Region earmarked specifically for enforcement, in addition to first round funding received by all municipalities; and
WHEREAS residents in the Region of Durham will have a reasonable expectation that any bylaw passed will be enforced on a complaint-basis in a timely manner across the Region; and
WHEREAS other jurisdictions including the City of Markham have partnered with police services in their area including York Regional Police Services in order to enforce cannabis bylaws (presentation to Markham Council, October 16, 2018);
THEREFORE BE IT RESOLVED THAT the Region of Durham engage all lower-tier municipalities in drafting a streamlined bylaw regarding recreational cannabis across the Durham Region; and
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. 19 Page 2 of 2
THAT Durham Region coordinate with Durham Regional Police Service to enforce the unified places of use bylaw throughout the Durham Region where resources permit; and
THAT this resolution be distributed to Durham Region municipalities and Durham Regional Police Services (DRPS).”
Ralph Walton Ralph Walton, Regional Clerk/Director of Legislative Services
RW/ks
--20 Town of Whitby Office of the Town Clerk 575 Rossland Road East, Whitby, ON L 1N 2M8 www.whitby.ca
March 8, 2019
Michael Fenn, Special Advisor Appointed by the Province [email protected]
Ken Seiling, Special Advisor Appointed by the Province [email protected]
Re: Regional Review
Please be advised that at a meeting held on March 4, 2019 the Council of the Town of Whitby adopted the following as Resolution #94-19:
Whereas, the Government of Ontario has announced a review of Ontario's eight regional municipalities, the County of Simcoe, and their lower-tier municipalities by appointed Special Advisors;
Whereas, the provincially appointed advisory body will develop recommendations for the Minister for the purpose of improving governance, decision-making and service delivery in the regions and Simcoe County and their lower-tier municipalities;
Whereas, the Association of Municipalities of Ontario informed its members that last August, the Minister of Municipal Affairs and Housing began informal discussions, wishing to hear from people about how this system of governance is working recognizing it was established in the 1970s;
Whereas, the provincially appointed advisory body has included in the review consideration of moving to single-tier municipalities or amalgamating existing municipalities; and,
Whereas, neither the provincial review nor amalgamation was ever discussed during the recent provincial election by the Premier or our local Members of Provincial Parliament; . Whereas, 73 percent of residents are satisfied with the customer service they receive from the Town of Whitby;
Whereas 91 percent of Whitby residents indicate that the quality of life in Whitby is either good or excellent;
Whereas the Town of Whitby has a history of finding efficiencies and savings while enhancing programs, services and facilities;
21 Whereas the Town of Whitby has contributed to Durham Region's AAA credit rating; and,
Whereas Whitby is recognized as one of Canada's best places to live.
Now Therefore be it Resolved
1. THAT the Council of the Town of Whitby endorses the current effectiveness of our two-tier municipal government as it has evolved on mutual agreement with our partner lower-tier municipalities since its foundation in 1974;
2. THAT the residents of Whitby value their choices, voices and diversity of representation and residents should have their say before any change in municipal representation, or possible merger with other municipalities;
3. THAT Mayors and Councils be provided the opportunity to have their say before any change to municipal representation is made; and,
4. THAT this resolution be forwarded to the Special Advisors appointed by the Province, Durham Region municipalities, the Association of Municipalities of Ontario, the Minister of Municipal Affairs and Housing and made publicly available.
Should you require further information, please do not hesitate to contact Office of the Town Clerk at 905-430-4315.
~ p~ Harris Town Clerk Copy: Association of Municipalities of Ontario 200 University Ave. Suite 801Toronto ON M5H 3C6 Honourable Steve Clark, Minister of Municipal Affairs and Housing 777 Bay Street, 17th Floor, Toronto, ON M5G 2E5 clerk@d u rham. ca [email protected] [email protected] [email protected] [email protected] [email protected] j [email protected] [email protected]
'Page 2 of 2
22
March 8, 2019
Resource Productivity and Recovery Authority Frank Denton Chief Executive Officer 4711 Yonge Street Suite 408 North York, ON
M2N 6K8
The Regional Dear Mr. Denton: Municipality of Durham RE: City of Vancouver Single-Use Items Reduction Strategy
(2019-WR-1), Our File: E08 Corporate Services Department – Legislative Services Council of the Region of Durham, at its meeting held on February 27, 2019, adopted the following recommendations of the Works Committee, 605 Rossland Rd. E. as amended: Level 1 P.O. Box 623 Whitby, ON L1N 6A3 “A) Whereas plastic waste is an urgent environmental issue creating Canada waste disposal concerns and threatening the health of waterways and oceans: 905-668-7711 1-800-372-1102 i) That federal and provincial leadership is required to Fax: 905-668-9963 adequately address waste generation issues that are significantly beyond the control of individual municipalities; durham.ca ii) That Regional Chair Henry submit a letter to the Premier of Ontario and Minister of the Environment, Conservations and Parks highlighting the need for provincial leadership to encourage the development of plastics recycling markets and energy recovery solutions where recycling is not a viable option;
iii) Furthermore; that the federal and provincial governments undertake a full review of single use plastics and duly ban those deemed most dangerous to our environment;
iv) That the federal and provincial governments continue to encourage producers and operators currently utilizing single use plastic to instead proactively conduct their businesses with recyclable materials in mind;
v) That Regional Council request that the Province provide confirmation on the timing for full implementation of extended producer responsibility;
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. 23 Page 2 of 2
vi) That staff investigate the legal mechanisms, including by- laws, for the possible banning of single-use plastics;
vii) That Regional Works staff, along with staff from Economic Development at both Regional and Municipal levels, investigate business opportunities and possible savings in helping to jump start the domestic processing of non-Blue Box plastics, and involve the plastics industry; and
viii) That a copy of this resolution be forwarded to Ontario municipalities, AMO and the Resource Productivity and Recovery Authority”.
Please find enclosed a copy of Report #2019-WR-1 for your information.
Ralph Walton
Ralph Walton, Regional Clerk/Director of Legislative Services
RW/sp c: Ontario Municipalities Association of Municipalities of Ontario S. Siopis, Commissioner of Works J. Hunt, Director of Legal Services A. Harras, Acting Clerk, Town of Ajax T. Gettinby, CAO/Clerk, Township of Brock A. Greentree, Clerk, Municipality of Clarington A. Brouwer, Clerk, City of Oshawa S. Cassel, Clerk, City of Pickering J.P. Newman, Clerk, Township of Scugog D. Leroux, Clerk, Township of Uxbridge C. Harris, Clerk, Town of Whitby
24 A . Townof @e
TOWN OF AJAX REPORT OF THE GENERAL GOVERNMENT COMMITTEE OPERATING BUDGET
For consideration by the Council of the Town of Ajax on March 25, 2019
The General Government Committee met at 7:00 p.m. on March 4, 2019
Present: Mayor S. Collier, Budget Chair Regional Councillor M. Crawford Regional Councillor S. Lee Regional Councillor J. Dies Councillor R. Tyler Morin Councillor A. Khan Councillor L. Bower
______
The General Government Committee recommends as follows:
2. Disclosure of Pecuniary Interest
Councillor Bower declared a pecuniary interest with respect to Section 2 of the Operating Budget, ‘Recreation, Culture & Community Development – Facilities’ (pages 45-47), and ‘Recreation Programs & Active Living’ (pages 48-49), as a family member is employed by the Town of Ajax in the Recreation, Culture and Community Development Department aquatics section.
Mayor Collier declared a pecuniary interest with respect to Section 2 of the Operating Budget, ‘Recreation, Culture & Community Development – Facilities’ (pages 45-47), and ‘Recreation Programs & Active Living’ (pages 48-49), as a family member is employed by the Town of Ajax in the Recreation, Culture and Community Development Department aquatics section.
7. Budget Recommendation
Amendment
Moved by: L. Bower
That staff be directed to examine options and costs associated with increasing service levels for grass cutting and litter pickup, and to report their findings to the Council meeting of March 25th for Council to consider whether to include the necessary funding in the 2019 Operating Budget. CARRIED
Members separated ‘Recreation, Culture & Community Development – Facilities’ (pages 45-47), and ‘Recreation Programs & Active Living’ (pages 48-49) for the purposes of
25 General Government Committee Operating Budget March 4, 2019 ______
voting. Mayor Collier and Councillor Bower abstained from voting on the separated resolution due to their declared pecuniary interests.
Moved by: S. Lee
That Council approve the 2019 Budgets for Recreation, Culture & Community Development Facilities (pages 45-47) and Recreation Programs & Active Living (pages 48-49). CARRIED
Main Motion as Amended
Moved by: S. Lee
That Council approve the 2019 Budgets, inclusive of transfers from Debt Reduction and Strategic Initiatives Reserves, as follows, subject to the following amendments:
1. That staff be directed to examine options and costs associated with increasing service levels for grass cutting and litter pickup, and to report their findings to the Council meeting of March 25th for Council to consider whether to include the necessary funding in the 2019 Operating Budget.
2019 Budget 2019 Increase Budget Amount
Town of Ajax $55,158,000 $1,856,700
Library Operating Grant 4,896,500 187,300
Audley Recreation Centre Phase 2 Town 471,500 471,500 Library 427,900 427,900 Total Audley Recreation Centre Phase 2 $899,400 $899,400
Service Improvements 644,800 644,800
Total 61,598,700 3,588,200
CARRIED 8. Adjournment (7:58 p.m.)
Moved by: A. Khan
That the March 4, 2019 meeting of the General Government Committee Operating Budget be adjourned. CARRIED
S. Collier, Budget Chair
26
A . Townof
@. TOWN OF AJAX REPORT OF THE GENERAL GOVERNMENT COMMITTEE
For consideration by the Council of the Town of Ajax on March 25, 2019
The General Government Committee met at 1:00 p.m. on March 18, 2019
Present: Councillor L. Bower, Chair Regional Councillor M. Crawford Regional Councillor S. Lee Regional Councillor J. Dies Councillor R. Tyler Morin Councillor A. Khan Mayor S. Collier ______
The General Government Committee recommends as follows:
2. Disclosure of Pecuniary Interest
There were no disclosures of pecuniary interests.
3. Adoption of Minutes
3.1 Capital Budget & Long Range Capital Forecast – February 11, 2019
Moved by: S. Lee
That the Minutes of the Capital Budget & Long Range Capital Forecast meeting of the General Government Committee held on February 11, 2019 be adopted. CARRIED
3.2 Operating Budget Information & Education – February 14, 2019
Moved by: J. Dies
That the Minutes of the Operating Budget Information & Education meeting of the General Government Committee held on February 14, 2019 be adopted. CARRIED
3.3 Regular Meeting – February 19, 2019
Moved by: A. Khan
That the Minutes of the regular meeting of the General Government Committee held on February 19, 2019 be adopted. CARRIED
27 General Government Committee March 18, 2019 ______
3.4 Closed Session – February 19, 2019
Moved by: M. Crawford
That the Minutes of the Closed Session of the General Government Committee held on February 19, 2019 be adopted. CARRIED
3.5 Operating Budget – March 4, 2019
Moved by: S. Collier
That the Minutes of the Operating Budget meeting of the General Government Committee held on March 4, 2019 be adopted. CARRIED
4. Consent Agenda
4.1 Tax Section Status Report
Moved by: S. Collier
That the Tax Section Status Report be received for information. CARRIED
4.2 2018 Statement of Remuneration and Expenses for Members of Council and Council Appointees
Moved by: M. Crawford
That the 2018 Statement of Remuneration and Expenses for Members of Council and Council Appointees be received for information. CARRIED
4.3 Contract Award ~ Boulevard Grounds Maintenance
Moved by: S. Collier
1. That Council award the contract for Boulevard Grounds Maintenance to 2659974 Ontario Inc. in the estimated amount of $156,166.00 (inclusive of all taxes), for a period of one (1) year.
2. That Council authorize staff to renew the contract for an additional four (4) one year periods, pending an analysis and satisfactory performance review at the anniversary date of the contract, in the estimated amount of $648,442.92 (inclusive of all taxes). CARRIED
--28 General Government Committee March 18, 2019 ______
4.4 Contract Awards: T19002 Local Road Resurfacing 2019, Traffic Loops, and Geotechnical Services
Moved by: S. Lee
1. That Council award the contract for Local Road Resurfacing 2019 to Four Seasons Site Development Ltd. in the amount of $949,058.24 (inclusive of all taxes).
2. That Council award the contract for the installation of traffic loops to The Region of Durham in the amount of $9,000.00 (net of HST rebate).
3. That Council award the contract for Geotechnical work to Golder Associates Ltd. in the amount of $14,697.63 (inclusive of all taxes). CARRIED
4.5 2018 Year End Building Permit Activity and 2019 Projection Report
Moved by: M. Crawford
That the 2018 Year End Building Permit Activity and 2019 Projection Report be received as information. CARRIED
4.6 Clean Water and Wastewater Funding Update
Moved by: M. Crawford
That this report be received for information. CARRIED
4.7 2018 IMPACT Ajax Community Support Program
Moved by: S. Lee
That Council receive the report entitled “2018 IMPACT Ajax Community Support Program” dated March 18, 2019 for information. CARRIED
4.8 Revision to 2019 Council & Standing Committee Meeting Schedule
Moved by: M. Crawford
That the revised 2019 Council and Standing Committee meeting schedule, included as ATT-1 to this report, be approved. CARRIED
--29 General Government Committee March 18, 2019 ______
5. Discussion
None
6. Presentations
6.1 Introduction of Integrity Commissioner
The Committee received a presentation from John Mascarin, Aird & Berlis LLP.
6.2 Corporate Asset Management Policy
Moved by: R. Tyler Morin
That the Corporate Asset Management Policy (ATT-1) as required by Ontario Regulation 588/17, Asset Management Planning for Municipal Infrastructure, be approved. CARRIED
6.3 Age-Friendly Ajax
The Committee received a presentation from Laura Rae, Community Development Coordinator.
Closed Session (3:04 p.m.)
7. Authority to Hold a Closed Session
Moved by: S. Lee
That the Committee convene to a Closed Session pursuant to Section 239 (2) (e) of the Municipal Act, 2001, as amended, to discuss matters pertaining litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board CARRIED
7.1 Beechridge Minutes of Settlement Extension
Open Meeting (3:15 p.m.)
Ratify Actions Taken In Closed Session
Moved by: S. Lee
That all directions approved in the Closed Session be ratified. CARRIED
30 General Government Committee March 18, 2019 ______
8. Adjournment (3:15 p.m.)
Moved by: M. Crawford
That the March 18, 2019 meeting of the General Government Committee be adjourned. CARRIED
L Bower, Chair
--31 Town of Ajax Summary of Advisory Committee Activities
Report To: Council
Prepared By: Sarah Moore, Committee & Accessibility Coordinator
Date of Meeting: March 25, 2019
Heritage Advisory Committee Meeting – March 6, 2019
Meeting Highlights
Members participated in a comprehensive Committee Orientation that reviewed the Town’s committee structure, Code of Conduct, health and safety, accessibility and diversity.
Michael Sawchuck, Senior Planner, delivered a detailed presentation on Heritage Legislation, Policy and Property Types, which provided members with information about heritage property designation.
Brenda Kriz, Records & FOI Coordinator, presented information on the Ajax Archives, including information about early settlers, the Town’s street naming policy, Defence Industries Limited, donations and acquisitions, as well as education and outreach.
B. Kriz provided an update on the appraisal of the 1948 Battle of the River Plate luncheon menu card signed by Anthony Eden and Winston Churchill, as well as restoration of the Margach Bible.
Committee members agreed to pursue preliminary research about Daniel David Palmer, the founding father of Chiropractics, who was born in the Hamlet of Audley in 1845.
M. Sawchuck sought feedback from the Committee regarding proposed amendments to the Heritage Designation By-law and Heritage Conservation Easement Agreement for the Westglen property (1733 Westney Road North).
Recommendations
4.5 Westglen Property: Updating of Heritage Designation By-laws and Heritage Conservation Easement agreement
Moved by: P. Pryjma
Seconded by: A. Mendonca
That the tools used to protect the cultural heritage value of the Westglen Property be revised to reflect the new property boundaries by:
1) Amending the Heritage Conservation Easement Agreement; and
2) Introducing a new Designation By-law and repealing By-laws 181-85 and 116-89. CARRIED 32 Town of Ajax Report
Report To: Council
Prepared By: Michael Chee CPA, CMA Senior Financial Analyst
Subject: 2019 Report on Non-Cash Expenses as Required by Ontario Regulation 284/09
Ward(s): All
Date of Meeting: March 25, 2019
Reference: N/A
Recommendation:
That the report on Excluded Non-Cash Expenses, as required by Ontario Regulation 284/09, be received for information.
Background:
All Ontario municipalities are required by Section 3150 of the Public Sector Accounting Board Handbook (PSAB) to record the annual amortization expense related to tangible capital assets on their annual financial statements, along with other non-cash expenses such as the expenses for expected future payments in respect of post-employment liabilities and post-closure landfill costs.
While these expenses must be included in the financial statements, the standards do not require the Town to fund the costs from the operating budget by setting aside any specific portion of the accumulated surplus as reserves or reserve funds. Further, Ontario Regulation 284/09 allows all municipalities the option of preparing a cash-based budget and excluding the non-cash items described above. However, when this option is selected, the municipality must provide a reconciliation between the annual budget adopted by Council and the amounts that will be presented in the financial statements (which will include the value of all non-cash expenses).
Discussion:
The Town of Ajax, like most Ontario municipalities, has chosen to prepare the 2019 operating and capital budget on a cash basis as allowed under Provincial regulation. The non-cash expenses excluded from the 2019 budget include: amortization, post-employment benefits, and post-closure landfill costs. If the Town were to include the accounting values of these expenses in the operating budget, this would cause immediate increases in property taxes.
Although the non-cash items identified above are not specifically included in the Town’s operating budget, the Financial Sustainability Plan (FSP), was designed to ensure that the Town is making
33 Subject: 2019 Report on Non-Cash Expenses as Required by Ontario Regulation 284/09 P a g e | 2
sufficient annual contributions to the various reserves to provide the resources to fund future obligations, infrastructure maintenance costs and vehicle & equipment replacement as required.
The table shows the projected impact of the exclusion of non-cash expenses on the 2019 Accumulated Surplus:
PSAB Additions to the 2019 Budget (Reduces Surplus) Tangible Capital Asset Amortization $ 21,401,000 Post-Employment Benefits 346,500 Post Closure Landfill Costs 12,500 $ 21,760,000
PSAB Reductions to the 2019 Budget (Increases Surplus) Tangible Capital Asset Acquisition $ 39,601,000 Debt Principal Payments 1,377,000 $ 40,978,000
Net Decrease in 2019 Accumulated Surplus $ 19,218,000
Financial Implications:
There is no financial impact from the exclusion of these expenses, as the annual operating budget is prepared on a cash-flow basis.
Communication Issues:
As required by the regulation, this reconciliation will be prepared and presented with the adoption of the annual budget each year.
Conclusion:
The presentation of this report meets the reporting requirements set out in Ontario Regulation 284/09.
Attachments:
Prepared by:
Michael Chee CPA, CMA – Senior Financial Analyst – ext. 3287
Submitted by: 34 Subject: 2019 Report on Non-Cash Expenses as Required by Ontario Regulation 284/09 P a g e | 3
Sheila Strain CPA, CGA – Director of Finance/Treasurer
Approved by:
Shane Baker – Chief Administrative Officer
35 Town of Ajax Report
Report To: Council
Prepared By: Alexander Harras, Manager of Legislative Services / Acting Clerk
Subject: Authorizing Resolutions Related to Veridian & Whitby Hydro Merger
Ward(s): N/A
Date of Meeting: March 25, 2019
Reference: May 7, 2018, Community Affairs & Planning Committee – Veridian & Whitby Hydro Merger
June 18, 2018, Council Meeting – Veridian & Whitby Hydro Merger Agreements
Recommendation:
That the report titled ‘Authorizing Resolutions Related to Veridian & Whitby Hydro Merger’ be received for information.
Background:
At the Council meeting of June 18, 2018, Ajax Council gave its approval for the merger of Veridian Corporation and Whitby Hydro, including entering into the Merger Participation Agreement (MPA) and Unanimous Shareholders’ Agreement (USA). Details of the MPA and USA are included in the staff report considered by Council at the meeting of June 18, 2018. Veridian Corporation and Whitby Hydro Energy Corporation (the two holding companies) will merge to form Elexicon Corporation. The purpose of this report is to seek Council’s approval of two administrative resolutions that must be adopted prior to the shareholders’ meeting scheduled on April 1st, 2019. Aird & Berlis LLP has been providing advice and guidance on the merger process to the merger joint steering committee, so that each municipal shareholder correctly follows the appropriate corporate and municipal rules to give effect to the merger.
Two administrative resolutions must be adopted by Ajax Council at the March 25th, 2019 Council meeting. The first resolution will approve Ajax’s nomination of the independent directors recommended by Veridian Corporation, and the second resolution will authorize the Chief Administrative Officer to represent the Town at the shareholders’ meeting in order to elect the board of directors and execute various resolutions and documents. In order for the shareholder meeting to proceed on April 1st, shareholder municipalities of Veridian Corporation (Ajax, Clarington, Pickering and Belleville) must adopt these resolutions and give notice of their adoption to the parties to the merger.
At the time of writing, the following notifications from Veridian Corporation and the shareholder municipalities have been circulated (all notifications are included as attachments to this report): 36 Subject: Authorizing Resolutions Related to Veridian & Whitby Hydro Merger P a g e | 2
Notifications Circulated
Municipality Board Position Individual Length of Attachment # Term Ajax Non-Independent Shaun Collier Term of ATT-3 Director (Mayor) Council Clarington Non-Independent Adrian Foster Term of ATT-4 Director (Mayor) Council
Pickering Non-Independent Dave Ryan Term of ATT-5 Director (Mayor) Council
Veridian Recommended Ron Chatterton Three years ATT-6 Corporation Independent Directors Doug Parker Three years Jim Macpherson Two years Brian Mountford Two years
Whitby Non-Independent D. Mitchell Term of ATT-7 Director (Mayor) Council
Independent Directors Lesley Rose Three years ATT-8 Patrick McNeil Two years
At the time of writing, notification has not been received from the following parties on the following matters: City of Pickering: Notice of Independent Director Nominations Municipality of Clarington: Notice of Independent Director Nominations City of Belleville: o Notice of Independent Director Nominations o Notice of Appointment of Non-Independent Director
Discussion:
Drafts of the necessary resolutions are included as ATT-1 and ATT-2 of this report. Final resolutions will be presented at the meeting of Council on March 25th, 2019, and will account for any additional notifications received after the publication of the Council meeting agenda. Notification from all parties on the outstanding matters listed above is not required in order for the resolutions to be approved by Ajax Council.
If Council is not in agreement with the recommended independent directors proposed by Veridian Corporation, the necessary resolutions should not be passed by Council. This would cause the scheduled shareholders’ meeting of April 1st, 2019, to be delayed and a new slate of independent directors would need to be recommended by Veridian Corporation and approved by the Council of each of the shareholder municipalities, beginning the process anew.
Financial Implications:
Financial implications of the merger were outlined in the Council report of June 18, 2018, when the merger agreements were considered and approved by Council. The necessary administrative resolutions that Council must adopt at the meeting of March 25th, 2019 are administrative in nature and carry no further financial implications.
37 Subject: Authorizing Resolutions Related to Veridian & Whitby Hydro Merger P a g e | 3
Communication Issues:
Veridian Corporation and Whitby Hydro have the primary responsibility for communicating the merger to their customers in their shareholder municipalities. This has included public information sessions, press releases and a merger microsite on their main website.
Conclusion:
The merger of Veridian and Whitby Hydro will result in a stronger local utility and provide financial benefits for hydro customers, the five shareholder municipalities and their residents.
Attachments:
ATT-1: Draft Resolution to Nominate Recommended Directors ATT-2: Draft Resolution to authorize the CAO vote at shareholders meeting ATT-3: Town of Ajax – Notice of Appointment of Non-Independent Director ATT-4: Municipality of Clarington – Notice of Appointment of Non-Independent Director ATT-5: City of Pickering – Notice of Appointment of Non-Independent Director ATT-6: Veridian Corporation – Notice of Recommendation Re: Independent Directors ATT-7: Town of Whitby – Notice of Appointment of Non-Independent Director ATT-8: Town of Whitby – Notice of Independent Director Nominations
Prepared by:
Alexander Harras – Manager of Legislative Services / Acting Clerk – ext. 3342
Submitted by:
Derek Hannan – Acting Director of Legislative & Information Services
Approved by:
Shane Baker – Chief Administrative Officer
38 ATT-1
RESOLUTION OF THE COUNCIL OF THE TOWN OF AJAX
(THE “MUNICIPALITY”)
WHEREAS the Municipality is a party to a Merger Participation Agreement dated July 10, 2018 (the “MPA”) with respect to the amalgamation (the “Amalgamation”) of Whitby Hydro Energy Corporation and Veridian Corporation to form Elexicon Corporation (“Merged Holdco”), to which is attached a form of Unanimous Shareholder Agreement (the “USA”) to be executed and come into force as at the date of the Amalgamation;
AND WHEREAS, under the USA the Municipality and the municipalities of Belleville, Clarington and Pickering may nominate certain Independent Directors (as defined below) of Merged Holdco following receipt of a recommendation by the board of directors of Veridian Corporation;
AND WHEREAS, the Municipality has received a recommendation from Veridian Corporation that Ron Chatterton, Doug Parker, Jim Macpherson and Brian Mountford (the “Recommended Directors”) be nominated as Independent Directors of the Merged Holdco;
AND WHEREAS, Belleville, Clarington and Pickering have not yet nominated Independent Directors of Merged Holdco;
AND WHEREAS the USA defines an Independent Director in relation to a municipality, as an individual that, at the time of his or her appointment to a Board and throughout his or her term as a member of such Board is not: the Mayor of such municipality; a member of the municipal council of such municipality; a member of a “local board” (as defined in the Municipal Act, 2001) of such municipality; or an employee of such municipality or such local board;
AND WHEREAS Recommended Directors would, if elected, be Independent Directors and otherwise fulfill the requirements to be a directors of the Merged Holdco;
BE IT RESOLVED THAT:
1. The Municipality nominates the Recommended Directors to the Board of Directors of the Merged Holdco effective as at the date of the Amalgamation;
2. The Municipality nominates as Independent Directors such individuals as Belleville, Clarington and Pickering shall duly nominate in accordance with the USA; and
3. The Mayor, Chief Administrative Officer, or other duly authorized representative, of the Municipality (the “Authorized Representative”) is authorized and directed, for and in the name of and on behalf of the Municipality, to provide notice to the other parties to the MPA of these resolutions and to execute and deliver all such other agreements, amendments, instruments, certificates, resolutions and other documents, and to do all such other acts and things as the Authorized Representative may determine to be necessary or advisable in connection with the nomination of the Recommended Directors as set out in paragraph 1, the execution and delivery of any such agreement, amendment, instrument, certificate, resolution or other document or the doing of any such other act or thing by the Authorized Representative being conclusive evidence of such determination.
39-- ATT-2
RESOLUTION OF THE COUNCIL OF THE TOWN OF AJAX
WHEREAS The Corporation of the Town of Ajax (the “Municipality”) is a party to a Merger Participation Agreement dated July 10, 2018 (the “MPA”) with respect to the amalgamation (the “Amalgamation”) of Whitby Hydro Energy Corporation and Veridian Corporation to form Elexicon Corporation (“Merged Holdco”), to which is attached a form of Unanimous Shareholder Agreement (the “USA”) to be executed and come into force as at the date of the Amalgamation;
AND WHEREAS the USA provides that the initial board of Merged Holdco shall consist of six independent directors (each, an “Independent Director”) and five directors that are the mayors of the municipal shareholders of the Merged Holdco or such mayor’s designate;
AND WHEREAS the Municipality has received notice of such nominated Independent Directors and mayors or designates and wishes to elect such persons as directors of the Merged Holdco;
BE IT RESOLVED THAT:
1. The Municipality authorizes the Chief Administrative Officer of the Municipality or an individual designated by the Chief Administrative Officer as the legal representative of the Municipality (the “Authorized Representative”) to elect the following persons as directors of Merged Holdco effective as of the date of the Amalgamation for an initial term as indicated:
Ron Chatteron (Independent Director) to hold office for three (3) years
Doug Parker (Independent Director) to hold office for three (3) years
Jim Macpherson (Independent Director) to hold office for two (2) years
Brian Mountford (Independent Director) to hold office for two (2) years
Patrick Neil (Independent Director) to hold office for two (2) years
Lesley Rose (Independent Director) to hold office for three (3) years
Shaun Collier (Mayor, Town of Ajax) to hold office concurrent with municipal term of Mayor
Adrian Foster (Mayor, Municipality of Clarington) to hold office concurrent with municipal term of Mayor
David Ryan (Mayor, City of Pickering) to hold office concurrent with municipal term of Mayor
Don Mitchell (Mayor, Town of Whitby) to hold office concurrent with municipal term of Mayor
2. The Municipality authorizes the Chief Administrative Officer of the Municipality or an individual designated by the Chief Administrative Officer as the legal representative of
40--
the Municipality to elect the following persons as directors of Merged Holdco effective as of the date of the Amalgamation:
Such individuals as Belleville, Clarington and Pickering shall duly nominate in accordance with the USA; and
3. The Authorized Representative is authorized and directed, for and in the name of and on behalf of the Municipality:
a. to provide notice to the other parties to the MPA of these resolutions and to vote at a meeting of shareholders of Mergeco Holdco, to execute a written resolution of the shareholders of Mergeco Holdco, to execute and deliver all such other agreements, amendments, instruments, certificates, resolutions and other documents, and to do all such other acts and things as the Authorized Representative may determine to be necessary or advisable in connection with the election of the directors as set out in paragraphs 1 and 2, the execution and delivery of any such agreement, amendment, instrument, certificate, resolution or other document or the doing of any such other act or thing by the Authorized Representative being conclusive evidence of such determination; and
b. to execute and deliver all such other agreements, amendments, instruments, certificates, resolutions and other documents, and to do all such other acts and things as the Authorized Representative may determine to be necessary or advisable in connection with the first shareholder meeting of Merged Holdco, including without limitation the election of the directors of the subsidiaries of Merged Holdco, setting the compensation of such directors and dealing with matters to be decided by the shareholders of Merged Holdco as contemplated in the MPA or USA, the execution and delivery of any such agreement, amendment, instrument, certificate, resolution or other document or the doing of any such other act or thing by the Authorized Representative being conclusive evidence of such determination
41-- ATT-3
A . Townoj Office of the Mayor TOWN OF AJAX 65 Harwood Avenue South Tel. 905-683-4550 Ajax ON L 1S 2H9 ~ e Fax. 905-683-8207 www.ajax.ca
January 21, 2019
BY COURIER
To: The Corporation of the City of Belleville ("Belleville") The Corporation of the Municipality of Clarington ("Clarington") The Corporation of the City of Pickering ("Pickering") The Corporation of the Town of Whitby ("Whitby") (together with the undersigned, the "Municipal Shareholders")
And to: Veridian Corporation and Whitby Hydro Energy Corporation (the "Corporations")
Re: Project Taunton: Appointment of Non-Independent Director to Board
Please be advised that the undersigned, pursuant to Section 3.2(c)(i) of the form of Unanimous Shareholder Agreement attached to the Merger Participation Agreement between the Municipal Shareholders, the Corporations and certain other parties dated July 10, 2018, hereby nominates:
Shaun Collier
as mayor to the board of directors of the corporation to be formed by the amalgamation of the Corporations, such appointment to be effective as of the date of the amalgamation of the Corporations.
Yours truly,
• aun Collier Mayor, Town of Ajax 905-619-2529, ext. 3383 Shaun. [email protected]
42 Claringtnn ATT-4
Mayor Adrian Foster January 31, 2019
Sent via e-mail
To: The Corporation of the Town of Ajax ("Ajax"), The Corporation of the City of Belleville ("Belleville"), The Corporation of the City of Pickering ("Pickering") and The Corporation of the Town of Whitby ("Whitby") (together with The Corporation of the Municipality of Clarington, collectively known as the "Municipal Shareholders")
And to: Veridian Corporation and Whitby Hydro Energy Corporation (the "Corporations")
Re: Project Taunton/Hydro Merger - Appointment of Non-Independent Director to the Board
Please be advised that the undersigned, pursuant to Section 3.2(c)(i) of the form of Unanimous Shareholder Agreement attached to the Merger Participation Agreement between the Municipal Shareholders, the Corporations and certain other parties dated July 10, 2018, hereby nominates: Adrian Foster Mayor, Municipality of Clarington to serve on the Board of Directors of the corporation to be formed by the amalgamation of the Corporations, with such appointment to be effective as of the date of the amalgamation of the Corporations.
Your~ , q~ster, Mayor
Copy: Andrew Allison, Chief Administrative Officer Anne Greentree, Municipal Clerk
CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 623-3379 F (905) 623 -2582 e-mail · [email protected] 43 ATT-5 -C4of PJ(KER]NG Office of the Mayor
January 29, 2019
Sent via email
To: The Corporation of the Town of Ajax ("Ajax"), The Corporation of the City of Belleville ("Belleville"), The Corporation of the Municipality of Clarington ("Clarington") and The Corporation of the Town of Whitby ("Whitby") (together with The Corporation of the City of Pickering, collectively known as the "Municipal Shareholders")
And to: Veridian Corporation and Whitby Hydro Energy Corporation (the "Corporations")
Re: Project Taunton/Hydro Merger - Appointment of Non-Independent Director to Board
Please be advised that the undersigned, pursuant to Section 3.2(c)(i) of the form of Unanimous Shareholder Agreement attached to the Merger Participation Agreement between the Municipal Shareholders, the Corporations and certain other parties dated July 10, 2018, hereby nominates: David Ryan Mayor, City of Pickering
to serve on the Board of Directors of the corporation to be formed by the amalgamation of the Corporations, with such appointment to be effective as of the date of the amalgamation of the Corporations.
Yours truly,
Copy: Chief Administrative Officer City Clerk
Pickering Civic Complex I O ne The E--Spla44 nade I Pickering, O ntario L 1 V 6K7 T. 905.420.4600 I Toll Free 1.866.683.2760 I [email protected] I pickering.ca ATT-6
55 Taunton Road East Ajax, ON L1T 3V3 Tel: 905-427-9870 ~ Ext.: 2200 Fax: 905-619-0210 VERIDIAN email: [email protected] CORPORATION
NOTICE OF RECOMMENDATION RE INDEPENDENT DIRECTORS RESOLUTION – 2019-VC02
March 1, 2019
BY ELECTRONIC DELIVERY
To: The Corporation of the Town ofAjax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington, and The Corporation of the City of Pickering (together with The Corporation of the Town ofWhitby, collectively known as the "Municipal Shareholders")
Re: Project Taunton: Recommendation of Appointment of Independent Directors
Please be advised that the board of directors of Veridian Corporation pursuant to Section 3.2(c)(iii) of the form of Unanimous Shareholder Agreement attached to the Merger Participation Agreement between the Municipal Shareholders, Veridian Corporation and Whitby Hydro Energy Corporation (the “Corporations”) and certain other parties dated July 10, 2018, hereby recommends:
Names of Independent Director Term Director Nominees
Ron Chatterton Three year term
Doug Parker Three year term
Jim Macpherson Two year term
Brian Mountford Two year term to be directors of the corporation to be formed by the amalgamation of the Corporations.
Yours truly,
Tanya Laschuk on behalf of the Board of Veridian Corporation.
The power to make your community better.
Veridian Connections is a wholly owned45 subsidiary of Veridian Corporation ATT-7
Town of Whitby Office of the Mayor 575 Rossland Road East, Whitby, ON L 1 N 2M8 www.whitby.ca
Don Mitchell Mayor January 23, 2019
To: The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington, and The Corporation of the City of Pickering (together with The Corporation of the Town of Whitby, collectively known as the "Municipal Shareholders")
And to: Veridian Corporation and Whitby Hydro Energy Corporation (the "Corporations")
Re: Project Taunton/Hydro Merger- Appointment of Non-Independent Director to Board
Please be advised that the undersigned is appointed pursuant to Section 3.2(c)(i) of the form of Unanimous Shareholders' Agreement attached to the Merger Participation Agreement between the Municipal Shareholders, the Corporations and certain other parties dated July 10, 2018:
Don Mitchell Mayor, Town of Whitby to serve on the Board of Directors of the corporation to be formed by the amalgamation of the Corporations, with such appointment to be effective as of the date of the amalgamation of the Corporations.
Don Mitchell, Mayor 905.430.4300 x2203 [email protected]
46 ATT-8
Town of Whitby Office of the Town Clerk 575 Rossland Road East, Whitby, ON L1N 2M8 www.whitby.ca
February 27, 2019
Sent via email to: [email protected]
John Sanderson, President and CEO Whitby Hydro Energy Corporation
Re: Independent Director Appointments to the Elexicon HoldCo Board
Please be advised that at a special meeting held on February 25, 2019 the Council of the Town of Whitby adopted the following as Resolution #71-19:
WHEREAS The Corporation of the Town of Whitby (the “Municipality”) is a party to a Merger Participation Agreement dated July 10, 2018 (the “MPA”) with respect to the amalgamation (the “Amalgamation”) of Whitby Hydro Energy Corporation and Veridian Corporation to form Elexicon Corporation (the “Merged Holdco”), to which is attached a form of Unanimous Shareholder Agreement (the “USA”) to be executed and come into force as at the date of the Amalgamation;
AND WHEREAS, under the USA the Municipality may nominate two Independent Directors (as defined below) of Merged Holdco following receipt of a recommendation by the board of directors of Whitby Hydro Energy Corporation;
AND WHEREAS the USA provides that the initial board of Merged Holdco shall consist of six independent directors (each, an “Independent Director”) and five directors that are the mayors of the municipal shareholders of the Merged Holdco or such mayor’s designate;
AND WHEREAS, the Municipality has received such a recommendation in respect of Patrick McNeil (to serve a two (2) year term) and Lesley Rose (to serve a three (3) year term) (the “Recommended Directors”);
AND WHEREAS the USA defines an Independent Director, in relation to a municipality, as an individual that, at the time of his or her appointment to a Board and throughout his or her term as a member of such Board, is not: the Mayor of such municipality; a member of the municipal council of such municipality; a member of a “local board” (as defined in the Municipal Act, 2001) of such municipality; or an employee of such municipality or such local board;
47 AND WHEREAS the Recommended Directors would, if elected, be Independent Directors and otherwise fulfill the requirements to be directors of the Merged Holdco;
BE IT RESOLVED THAT:
1. The Municipality nominates the Recommended Directors and Mayor Don Mitchell to the Board of Directors of the Merged Holdco effective as at the date of the Amalgamation; 2. Council hereby authorizes the Chief Administrative Officer of the Municipality as the legal representative of the Municipality (the “Authorized Representative”) to elect the following persons as directors of Merged Holdco effective as of the date of the Amalgamation for an initial term as indicated: Patrick McNeil (Independent Director) to hold office for two (2) years; Lesley Rose (Independent Director) to hold office for three (3) years; and, Don Mitchell (Mayor) to hold office concurrent with the municipal term of the Mayor for the Town of Whitby.
3. Council hereby authorizes the Authorized Representative as the legal representative of the Municipality to elect the following persons as directors of Merged Holdco effective as of the date of the amalgamation: a. Such individuals as Ajax, Belleville, Clarington, and Pickering shall duly nominate in accordance with the USA to hold office for such period of time as those municipalities have chosen as an initial term. 4. The Authorized Representative is authorized and directed, for and in the name of and on behalf of the Municipality: a. to provide notice to the other parties to the MPA of these resolutions and to vote at a meeting of shareholders of Merged Holdco, to execute a written resolution of the shareholders of Merged Holdco, to execute and deliver all such other agreements, amendments, instruments, certificates, resolutions and other documents, and to do all such other acts and things as the Authorized Representative may determine to be necessary or advisable in connection with the election of the directors as set out in paragraphs 2 and 3 above, the execution and delivery of any such agreement, amendment, instrument, certificate, resolution or other document or the doing of any such other act or thing by the Authorized Representative being conclusive evidence of such determination; and, b. to execute and deliver all such other agreements, amendments, instruments, certificates, resolutions and other documents, and to do all such other acts and things as the Authorized Representative may determine to be necessary or advisable in connection with the first shareholder meeting of Merged Holdco, including without limitation the election of the directors of the subsidiaries of Merged Holdco, setting the compensation of such directors and dealing with matters to be decided by the shareholders of Merged Holdco as contemplated in the MPA or USA, the execution and delivery of any such agreement, amendment, instrument, Page 2 of 3
--48 certificate, resolution or other document or the doing of any such other act or thing by the Authorized Representative being conclusive evidence of such determination.
Should you require further information, please do not hesitate to contact the undersigned at 905.430.4302.
Christopher Harris Town Clerk
Copy: M. Gaskell, Chief Administrative Officer W. Mar, Commissioner of Legal and By-law Services/Town Solicitor R. Clark, Solicitor, Aird Berlis N. Cooper, Clerk, Town of Ajax S. Cassel, Clerk, City of Pickering A. Greentree, Clerk, Municipality of Clarington M. MacDonald, Clerk, City of Belleville T. Laschuk, Corporate Governance Administrator, Veridian Connections J. Packeer, Executive Assistant, Whitby Hydro
Attach: Staff Report CLK 03-19
Page 3 of 3
49 Town of Ajax Regional Councillor Report
Report To: Council
Prepared By: Regional Councillor Lee
Date of Meeting: March 25, 2019
Regional Council Highlights:
Council – February 27, 2019
Presentations:
Troy Cheseboro (Director of Durham Paramedic Services) re: Primary Care Outreach Pilot o A pilot project introduced in July 2018 that connects an advanced care paramedic and social worker with individuals who may be homeless, dealing with mental health or addiction issues or unable to seek medical care, counselling or other services. o 670 Client Encounters; 189 Clients (14 clients housed [8%]); 200 Referrals (3 gaining long term employment) o Shaun Collier: Spoke to the need for the program in Ajax . Program costs $280k and would require $350k for expansion o Joanne Dies: Asked about the possibility of looking at data from local hospitals regarding emergency services and the homeless population . Hospitals aren’t required to share information
Craig Barlett, Manager, Waste Management (Works Department) re: Durham’s 2018 Waste Composition Study Results o “What’s in the Bag” – confirm contents of our black garbage bags o Single Family . Green Bin Organics: 29% . Blue Bin Plastics: 3% o Multi-Residential . Green Bin Organics: 28% . Blue Bin Plastics: 4% o Shaun Collier: Shared his experience watching the clear bag program in Markham, saying that in spite of clear bags, there were still recyclables being thrown out o Marilyn Crawford: Asked if Durham was a leader in waste diversion, and the answer is yes
50 Gioseph Anello, Managers, Waste Planning and Technical Services re: Durham York Energy Centre Emissions Verification for Capacity Amendment o DYEC is looking to expand from 140k tonnes/year to 160k tonnes/year o DYEC has capacity for up to 250k tonnes/year o Potential need for a pre-sorting facility that could be up and running within 3-5 years otherwise the alternative is to expand capacity . Marilyn Crawford: Would the pre-sort be done with York? - No. . Shaun Collier: There’s an additional benefit of making the DYEC more efficient
Notice of Motions:
Enforcement of School Bus Stop Arm Infractions: Passed Measures Available to Reduce the Waiting List for Subsidized Daycare: Passed Streamlined By-Law Regarding Recreational Cannabis Across Durham Region - Passed o Presented by Shaun Collier Ontoro Road – Rate recovery at 70% = Failed. Shaun Collier: Concluded the meeting with a reminder that there was supposed to be a concentrated effort to reduce paper agendas.
Planning and Economic Development Committee Highlights: March 5, 2019
Presentation on Planning and Economic Development Department Business Plans and Budgets
2019 Business Plan and Budget supports the following key priorities o Innovations in operations and administration o Responding to ongoing legislative and regulatory changes o Investing in infrastructure renewal o Managing the challenges of growth and affordability
2018 Achievements: o Planning: . Completed Phase 1 of the Carruthers Creek Watershed Plan and Phase 1 of the Regional Broadband Strategy . Council approved Amendment no. 171 to the Durham Regional Official Plan, which implements key transportation network changes from the Region’s Transportation Master Plan Update . Presentation on Durham’s supply of market ready employment land . Conducted the 7th Annual Business count to obtain detailed and reliable employment data for the Region o Economic Development and Tourism . Created a series of promotional videos that showcase Durham’s assets, value proposition, opportunities and successes
--51 . Rebranded Invest Durham sector profiles and information packages for Investors . Handled 144 investment inquiries by providing individualized business decision advisory services, marketing and support, resulting in the attraction of four new investments in Durham Region . Participated in ten business investment missions to markets outside Durham, meeting with prospective investors and promoting the Regional value proposition . Hosted 17 incoming delegations of investors and government officials Completed Market Ready Employment Land report Developed an award-winning guide to Filming in Durham, an industry that generates more than $37 million annually in economic impact
Report on Region of Durham Business Count (Employment Survey) o Maintains the Region’s comprehensive employment database, which allows for the updating of the business directory, analysis of year over year trends, provide background information for planning studies and to monitor growth. o Seven summer students conduct a 5 minute survey face to face with every business in the Region o Home-based and mobile business were not included in the door to door survey. o 2017; 13,626 businesses identified, with 196,713 jobs o 2018: 13,994 businesses identified with 200,291
Report on Durham Region 2019 Parasport Games
o One of the Province’s five multi-sport Ontario Games events o December 14, 2016 Council approved $20,000 toward the cost of hosting the games o From February 8 to 10, Durham welcomed over 500 athletes, attendants, guides, coaches, managers, officials and provincial sport organization. Supported by over 200 volunteers o Economic impact was greater than $500,000 o Sterling Lee: Suggested more proactive merchandising at the venues
--52 A . Townof
~ e The Corporation of the Town of Ajax MARCH 25, 2019 MOTION
Windrow Clearing
Moved by: A. Khan
Seconded by: S. Lee
THAT staff be directed to examine the possibility of providing windrow clearing services as part of the Town’s winter response program, and to report their findings to the appropriate committee of Council.
53 A . Townof
~ e The Corporation of the Town of Ajax MARCH 25, 2019 MOTION
Riverside Drive Road Design
Moved by: M. Crawford
Seconded by: R. Tyler Morin
THAT staff be directed to investigate options to replace the proposed bike lane on Riverside Drive and report back to the appropriate Committee of Council in May of 2019, and that staff specifically examine and report on options that would permit parking on one side of the road.
54 . Townof A ~ e The Corporation of the Town of Ajax MARCH 25, 2019
MOTION
Amendments to Flag Raising & Proclamation Policies
Moved by: S. Collier
THAT the Town’s Operating Procedures for Flag Raisings and Proclamation Requests be amended as follows:
1. To allow flag raisings and proclamations for celebrations and commemorations recognized by the Ontario Provincial Legislature; and
2. To grant the Mayor and Chief Administrative Officer or their designate the authority to approve or deny requests for proclamations and flag raisings.
55 THE CORPORATION OF THE TOWN OF AJAX
BY-LAW NUMBER 18-2019
Being a By-law to transfer an easement in favour of Durham Common Element Condominium Corporation No. 263 to permit right-of-access over Part 1 on Plan 40R-30349.
WHEREAS The Council of The Corporation of the Town of Ajax deems it expedient to transfer an easement in favour of Durham Common Element Condominium Corporation No. 263 over Town owned lands identified as Part 1 on Plan 40R-30349;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Ajax enacts as follows:
1. That the Corporation of the Town of Ajax hereby transfers the easement in favour of Durham Common Element Condominium Corporation No. 263 over Part 1 as indicated on Registered Plan 40R-30349.
READ a first and second time this Twenty-fifth day of March, 2019.
READ a third time and passed this Twenty-fifth day of March, 2019.
______Mayor
______D-Clerk
56