Council Meeting Agenda
Tuesday, April 30, 2019 7:00 p.m. Council Chamber, Town Hall
1. CALL TO ORDER
● Prayer
● National Anthem
2. DISCLOSURE OF PECUNIARY INTEREST
3. CONFIRMATION OF THE MINUTES
3.1 March 26, 2019 Town Council Minutes
4. URGENT BUSINESS
5. DELEGATIONS
6. COMMITTEE RECOMMENDATIONS
6.1 April 23, 2019 Audit Committee Meeting Report
6.2 April 23, 2019 General Committee Meeting Report
6.3 April 23, 2019 Planning and Development Committee Meeting Report
7. PRESENTATIONS
7.1 Community Responder/AED Drone Program
Presentation from Dr. Sheldon Cheskes
7.2 Caledon Leash-Free Action Committee
Presentation from Egle Boudreau 8. CORRESPONDENCE
8.1 Memorandums
8.1.1 Regional Government Review- Public Engagement Strategy
Memorandum from Devan Lobo, Senior Analyst (A), Strategic Initiatives, dated April 30, 2019
8.1.2 Comments on the Environmental Bill Registry 013-5018 to Modernize the Conservation Authorities Act
Memorandum from Katelyn McFadyen, Manager, Energy and Environment, Finance and Infrastructure Services, dated April 30, 2019
8.2 General Correspondence
8.2.1 Request to the Town of Caledon to Create Dedicated Reserves in support of Public Library Services
Janet Manning, Chair, Caledon Public Library Board, dated April 15, 2019 re: Request to the Town of Caledon to Create Dedicated Reserves in support of Public Library Services
8.2.2 Response to the Ministry's Recent Call for Consultation Regarding the Regional Government Review
Janet Manning, Chair, Caledon Public Library Board, dated April 15, 2019 re: Response to the Ministry's Recent Call for Consultation Regarding the Regional Government Review
8.3 Meeting Minutes
8.3.1 March 18, 2019 Caledon Public Library Board Meeting Minutes
9. ANNOUNCEMENTS
10. COUNCIL INQUIRIES
11. BY-LAWS
11.1 By-law 2019-23
A By-law to amend By-law 2005-112, as amended, being a By-law to provide for the regulation, maintenance and protection of parks in the Town of Caledon 11.2 By-law 2019-24
A by-law to enact a Purchasing By-law and repeal by-law2013-107 and any amendments thereto
11.3 By-law 2019-25
A by-law to amend By-law 2007-128 being a by-law to appoint employees of the Town of Caledon to statutory positions
11.4 By-law 2019-26
A by-law to exempt certain lands from part lot control, namely 0 Hopevalley Crescent, legally described as Block 130 on Plan 43M-2056
11.5 By-law 2019-27
A by-law to amend Comprehensive Zoning By-law 2006-50, as amended, to reflect changes to the Cannabis Act and permit cannabis production facilities
11.6 By-law 2019-28
A by-law to confirm the proceedings of the Council for The Corporation of the Town of Caledon at its Council Meeting held on the 30th day of April, 2019
12. ADJOURNMENT
13. Accessibility Accommodations
Assistive listening devices for use in the Council Chamber are available upon request from the Staff in the Town’s Legislative Services Section. American Sign Language (ASL) Interpreters are also available upon request.
Please provide advance notice if you require an accessibility accommodation to attend or participate in Council Meetings or to access information in an alternate format please contact Legislative Services by phone at 905-584-2272 x. 2366 or via email to [email protected]. Town Council Meeting Minutes Tuesday, March 26, 2019 7:00 p.m. Council Chamber, Town Hall
Mayor A. Thompson (absent) Councillor N. deBoer Councillor J. Downey Councillor C. Early Councillor A. Groves Councillor J. Innis Councillor L. Kiernan Councillor T. Rosa Councillor I. Sinclair
Chief Administrative Officer: M. Galloway Manager, Legislative Services/Interim Town Clerk: A. Fusco Town Solicitor/Manager, Legal Services: A. Alyea General Manager, Strategic Initiatives: D. Arbuckle Manager, Development – East: C. Blakely Treasurer: H. Haire General Manager, Corporate Services: C. Herd Coordinator, Council Committee: J. Lavecchia General Manager, Community Services: P. Tollett General Manager, Finance and Infrastructure Services: F. Wong
CALL TO ORDER
Acting Mayor C. Early called the meeting to order in the Council Chamber at 7:00 p.m.
Councillor A. Groves opened the meeting with a prayer. Those in attendance joined in singing O Canada.
Acting Mayor C. Early delivered the Indigenous Land Acknowledgement statement.
Acting Mayor C. Early provided an update with respect to the recent flooding in Bolton and shared the recent announcement by the Province to support individuals affected by the flood, through the Disaster Recovery Assistance for Ontarians program (DRAO).
DISCLOSURE OF PECUNIARY INTEREST
Councillor T. Rosa declared a pecuniary interest with respect to Committee Report 2019-01 – 2019 Caledon Council Community Golf Tournament Primary Recipient and 2018 Secondary Grant Applications as he is a current board member of Stage Academy Theatre Association, one of the applicants for Golf Tournament funding.
CONFIRMATION OF THE MINUTES
Moved by Councillor J. Downey – Seconded by Councillor L. Kiernan 2019-46 That the following Council Meeting Minutes be approved: February 19, 2019 Town Council Meeting March 5, 2019 Special Town Council Meeting Carried.
URGENT BUSINESS
Moved by Councillor A. Groves – Seconded by Councillor T. Rosa 2019-47 That section 7.4 of the Procedural By-law be waived to permit a presentation to be heard by Sherri Brioschi and Marion Upshall, regarding the Bolton Flood Carried with a two-thirds vote.
Sherri Brioschi and Marion Upshall provided a description of the recent flooding in Bolton and provided their opinion regarding the financial and emotional impact individuals experienced. Ms. Brioschi acknowledged the program from the Province and thanked Council for their efforts. She made a number of requests to Council including the waiving of the necessary building permit fees for affected properties. Ms. Brioschi provided a sample of a restoration information handout.
Members of Council asked questions of the presenters and Town staff and received responses.
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Moved by Councillor A. Groves – Seconded by Councillor T. Rosa 2019-48 That section 7.4 of the Procedural By-law be waived to bring forward a motion without notice regarding waiving building permit fees for residents affected by the 2019 Bolton Flood.
Upon the question of the main motion, a recorded vote was requested and taken as follows:
RECORDED VOTE YES NO CONFLICT ABSENT Councillor I. Sinclair X Councillor T. Rosa X Councillor J. Innis X Councillor C. Early X Mayor A. Thompson X Councillor L. Kiernan X Councillor J. Downey X Councillor N. deBoer X Councillor A. Groves X TOTAL 8 1 Carried with a two-thirds vote.
Moved by Councillor A. Groves – Seconded by Councillor T. Rosa 2019-49 That a grant in lieu of waiving building permit fees be provided to property owners affected by the Flood in Bolton on Friday, March 15, 2019 to facilitate the return/rehabilitation to their homes to be funded from the Corporate Grants account;
That in lieu of a two-cheque exchange between the Town and the property owners, the grant be processed via an internal transfer between the Town’s accounts; and
That any permit requests related to the Bolton Flood be fast tracked.
Upon the question of the main motion, a recorded vote was requested and taken as follows:
RECORDED VOTE YES NO CONFLICT ABSENT Councillor I. Sinclair X Councillor T. Rosa X Councillor J. Innis X Councillor C. Early X Mayor A. Thompson X Councillor L. Kiernan X Councillor J. Downey X Councillor N. deBoer X Councillor A. Groves X TOTAL 8 1 Carried. Council recessed from 8:02 p.m. to 8:06 p.m.
Councillor J. Innis returned at 8:08 p.m.
Councillor J. Downey returned at 8:08 p.m.
COMMITTEE RECOMMENDATIONS
Moved by Councillor L. Kiernan – Seconded by Councillor J. Downey 2019-50 That the March 18, 2019 Caledon Council Community Golf recommendation regarding the selection of Chair and Vice Chair, be adopted. Carried.
Councillor T. Rosa disclosed a pecuniary interest with respect to Committee Report 2019-1 – 2019 Caledon Council Community Golf Tournament Primary Recipient and 2018 Secondary Grant Applications as he is a current board member of Stage Academy Theatre Association, one of the applicants for Golf Tournament funding. Councillor T. Rosa left the meeting at 8:07 p.m. and did not participate in the discussion or vote with respect to the recommendation.
Moved by Councillor L. Kiernan – Seconded by Councillor I. Sinclair 2019-51 That the March 18, 2019 Caledon Council Community Golf recommendation regarding Committee Staff Report 2019-1 re: 2019 Caledon Council Community Golf Tournament Primary Recipient and 2018 Secondary Grant Applications, be adopted. Carried.
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Councillor T. Rosa returned to the meeting at 8:09 p.m.
Councillor A. Groves left the meeting at 8:09 p.m.
Moved by Councillor J. Downey – Seconded by Councillor L. Kiernan 2019-52 That the March 18, 2019 Caledon Council Community Golf recommendation regarding Confidential Committee Staff Report 2019-2 re: Personal matters about an identifiable individual, including municipal or local board employees – Award of Doug and Doreen Beffort Legacy Scholarship, be adopted. Carried.
Moved by Councillor J. Downey – Seconded by Councillor L. Kiernan 2019-53 That the March 19, 2019 General Committee Meeting Report recommendation regarding the following consent items, be adopted:
• Staff Report 2019-31 re: Special Occasion Permits for Town Community Events • Staff Report 2019-35 re: Proposed Traffic Safety Improvements • Staff Report 2019-15 re: 2019 Property Tax Ratios • Staff Report 2019-47 re: Caledon Seniors Centre Expansion – Grant Renewal • Accessibility Advisory Committee Report, dated March 4, 2019 • Notices of Motion, Councillor J. Downey re: Bill 174 School Bus Camera Legislation • Notices of Motion, Councillor A. Groves re: Vacant Commercial Properties Carried.
Moved by Councillor N. DeBoer – Seconded by Councillor L. Kiernan 2019-54 That the March 19, 2019 General Committee Meeting Report recommendation regarding Staff Report 2019-45 re: Castlederg Sideroad Reconstruction Contract Award, be adopted. Carried.
Moved by Councillor J. Downey – Seconded by L. Kiernan 2019-55
That the March 19, 2019 General Committee Meeting Report recommendation regarding Staff Report 2019-33 re: 2018-2022 Council Workplan, be adopted. Carried.
Mike Galloway, Chief Administrative Officer, provided members of Council with an overview of the Proposed 2018-2022 Council Work Plan. Mr. Galloway indicated that the proposed workplan is a strategy outlining high-level actions and goals to achieve the Town of Caledon’s vision.
Members of Council asked questions and received comments from Mr. Galloway.
Councillor A. Groves returned at 8:19 p.m.
Moved by Councillor J. Downey – Seconded by L. Kiernan 2019-56
That the March 19, 2019 General Committee Meeting Report recommendation regarding Staff Report 2019-28 re: Appointment to ecoCaledon for the 2018-2022 Term of Council, be adopted. Carried.
Moved by Councillor J. Downey – Seconded by L. Kiernan 2019-57
That the March 19, 2019 General Committee Meeting Report recommendation regarding Staff Report 2019-23 re: Naming of the new Community Centre in Southfields, be adopted. Carried.
Moved by Councillor T. Rosa – Seconded by Councillor I. Sinclair 2019-58
That the March 19, 2019 General Committee Meeting Report recommendation regarding Staff Report 2019-30 re: Bolton Business Improvement Area Proposed 2019 Operating Budget, be adopted. Carried.
Moved by Councillor J. Downey – Seconded by Councillor L. Kiernan 2019-59
That the March 19, 2019 General Committee Meeting Report recommendation regarding Staff Report 2019-24 re: Annualized Tax Adjustments Under Section 359.1(1) of the Municipal Act, 2001, be adopted. Carried.
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Moved by Councillor J. Downey – Seconded by Councillor L. Kiernan 2019-60
That the March 19, 2019 General Committee Meeting Report recommendation regarding Requests to Present, be received. Carried.
Moved by Councillor T. Rosa – Seconded by Councillor I. Sinclair 2019-61
That the March 19, 2019 General Committee Meeting Report recommendation regarding Confidential Staff Report 2019-10 A proposed or pending disposition of land by a municipality – Part of Block 307 on Plan 43M-1324 Save and Except Parts 5, 6 and 9 on Plan 43R-24051, Ward 4, be adopted. Carried.
Moved by Councillor J. Downey – Seconded by Councillor T. Rosa 2019-62
That the March 19, 2019 General Committee Meeting Report recommendation regarding Confidential Staff Report 2019-9 Personal matters about an identifiable individual, including municipal or local board employees – Selection of the 2019 Community Champion and Other Community Recognition Night Award Recipients, be adopted. Carried.
Moved by Councillor J. Downey – Seconded by Councillor T. Rosa 2019-63
That the March 19, 2019 General Committee Meeting Report recommendation regarding Confidential Staff Report 2019-14 Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality and advice subject to solicitor-client privilege – New Bolton Fire Station Litigation, be adopted. Carried.
Moved by Councillor J. Downey – Seconded by Councillor T. Rosa 2019-64
That the March 19, 2019 General Committee Meeting Report recommendation regarding Confidential Staff Report 2019-13 Personal matters about an identifiable individual, including municipal or local board employees – Climate Change Action Planning Task Force Appointments 2019-2020, be adopted. Carried.
Moved by Councillor J. Downey – Seconded by Councillor I. Sinclair 2019-65
That the March 19, 2019 Planning and Development Meeting Report, be received. Carried.
Moved by Councillor J. Downey – Seconded by Councillor T. Rosa 2019-66
That the March 19, 2019 Planning and Development Committee Meeting Report recommendation regarding the following consent items be adopted:
• Staff Report 2019-38 re: Telecommunication Tower 13790 Airport Road – Shared Network Canada • Heritage Caledon Report, dated March 11, 2019 Carried.
PRESENTATIONS
PLANNING 101
Casey Blakely, Manager of Development – East and Alexis Alyea, Town Solicitor provided a presentation with respect to Planning Processes and the recent changes to Local Planning Appeal Tribunal (LPAT), formerly known as the Ontario Municipal Board (OMB). Ms. Blakely identified development responsibilities as it relates to the Planning Act and the legislation that governs the process. Ms. Alyea provided an overview of LPAT including the key changes, noting the new hearing process and implications to the Town.
Council members asked questions and received comments from Ms. Blakely and Ms. Alyea.
Councillor A. Groves left the meeting at 8:32 p.m. and returned at 8:34 p.m.
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DEVELOPMENT CHARGES STUDY
Andrew Grunda, Managing Partner, Watson and Associates, provided a presentation with respect to the Development Charges Study. Mr. Grunda provided a general overview of the process in which development charges are calculated under the Development Charges Act. Mr. Grunda identified proposed policy changes and regulatory administration requirements to be considered in the proposed Development Charges By-law. Mr. Grunda concluded the presentation with outlining the next steps noting that a statutory Public Meeting is being held on April 23, 2019 with the final passage of the by-law expected May 28, 2019.
Council members asked questions and received comments from Mr. Grunda.
Councillor J. Innis left the meeting at 9:15 p.m. and returned at 9:17 p.m.
ANNOUNCEMENTS
Members of Council provided a number of announcements.
INQUIRIES
A member of Council made several inquiries and received responses from staff.
BY-LAWS
Moved by Councillor T. Rosa – Seconded by Councillor J. Innis 2019-67 That the following by-laws be read a first time and passed:
BL-2019-18 A by-law to establish 2019 Tax Ratios for prescribed property classes
BL-2019-19 A by-law to amend By-law 2007-128 being a by-law to appoint employees of the Town of Caledon to statutory positions
BL-2019-20 A by-law to amend By-law 2015-058, being a by-law to regulate the use of highways and parking on highways and to repeal certain by-laws
Amendment #1
Moved by Councillor J. Downey – Seconded by Councillor N. deBoer That Schedule A to By-law 2019-19 be amended to replace “Carey deGorter” with “Carey Herd.” Carried.
Upon the question of the main motion, moved by Councillor T. Rosa and seconded by Councillor J. Innis, as amended by Amendment #1, the motion Carried.
Moved by Councillor T. Rosa – Seconded by Councillor N. deBoer 2019-68 That the following by-law be read a first time and passed:
BL-2019-21 A by-law to confirm the proceedings of the Council for The Corporation of the Town of Caledon at its Council Meeting held on the 26th day of March, 2019.
Carried. ADJOURNMENT
On the motion moved by Councillor I. Sinclair, Council adjourned at 9:39 p.m.
Christina Early, Acting Mayor
Amanda Fusco, Interim Town Clerk
5 Audit Committee Meeting Minutes Tuesday, April 23, 2019 9:30 a.m. Council Chamber, Town Hall
Mayor A. Thompson Councillor L. Kiernan (absent) Councillor C. Early Councillor N. DeBoer Councillor T. Rosa (absent) General Manager, Corporate Services/Town Clerk: C. Herd Manager, Legislative Services/Deputy Clerk: A. Fusco Treasurer: H. Haire General Manager, Finance and Infrastructure Services: F. Wong
CALL TO ORDER
Carey Herd, General Manager, Corporate Services/Town Clerk called the meeting to order at 9:31 a.m.
DECLARATION OF PECUNIARY INTEREST - none.
SELECTION OF CHAIR AND VICE-CHAIR
The Audit Committee recommends adoption of the following recommendation:
That Councillor N. DeBoer be appointed as Chair of the Audit Committee for a 2 year term.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
The Audit Committee recommends adoption of the following recommendation:
That Councillor C. Early be appointed as Vice-Chair of the Audit Committee for a 2 year term.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
REGULAR BUSINESS
Heather Haire, Treasurer, Finance and Infrastructure Services, reviewed the 2018 Management Discussion and Analysis Report. She provided an explanation of the Town’s financial status. She provided details in regards to the long-term liabilities in the Town of Caledon Consolidated Financial Statements for the year ended December 31, 2018.
Members of Committee asked questions regarding the condition of Town's assets and aging infrastructure and received responses from staff.
Cameron Johnston, Partner, Millard, Rouse & Rosebrugh LLP provided an overview of the Management Letter. He highlighted the audit strategy, scope and responsibilities of the process. He provided an overview of the responsibility of management, reportable matters, internal controls and current accounting and reporting developments.
Committee Report 2019-002 2018 Audited Financial Statements
The Audit Committee recommends adoption of the following recommendation:
That the Corporation of the Town of Caledon’s Audited Consolidated Financial Statements for the year ended December 31, 2018 be approved; and
That the 2018 Audited Financial Statements for the Corporation of the Town of Caledon Library Board, the Corporation of the Town of Caledon Trust Funds, the Corporation of the Town of Caledon Bolton Business Improvement Area, Corporation of the Town of Caledon Provincial Offences Office, be received.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
ADJOURNMENT
The meeting adjourned at 10:15 a.m.
6 General Committee Meeting Minutes Tuesday, April 23, 2019 1:00 p.m. Council Chamber, Town Hall
Chair: Councillor J. Innis Vice-Chair: Councillor C. Early Mayor A. Thompson Councillor I. Sinclair Councillor L. Kiernan Councillor J. Downey (joined at 2:39 p.m.) Councillor N. deBoer Councillor A. Groves (joined at 1:17 p.m.) Councillor T. Rosa (joined at 2:39 p.m.) Chief Administrative Officer: M. Galloway General Manager, Corporate Services/Town Clerk: C. Herd General Manager, Strategic Initiatives: D. Arbuckle Deputy-Treasurer: H. Breyers Manager, Legislative Services/Deputy Clerk: A. Fusco Treasurer: H. Haire Coordinator, Council Committee: J. Lavecchia General Manager, Community Services: P. Tollett General Manager, Finance and Infrastructure Services: F. Wong
CALL TO ORDER
Chair J. Innis called the meeting to order in the Council Chamber at 1:03 p.m.
DISCLOSURE OF PECUNIARY INTEREST - none.
CONSENT AGENDA
The General Committee reports that the following matters were dealt with on the consent portion of the agenda and recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019:
Staff Report 2019-42 2018 Lease Financing Agreement Summary
That the lease financing arrangements as outlined in Staff Report 2019-42 will not result in a material impact for the municipality.
Staff Report 2019-50 West Bolton Sustainable Neighbourhood Retrofit Action Plan (SNAP)
That the West Bolton Sustainable Neighbourhood Retrofit Action Plan (SNAP) attached as Schedule A to Staff Report 2019-50 be endorsed.
Staff Report 2019-53 Energy Revolving Fund 2019 Projects
That a new 2019 capital project be established in the amount of $68,466 for projects outlined in Table 2 of Staff Report 2019-53 funded from the Corporate Energy Reserve; and
That the utility energy incentives received for the Southfields Community Centre be used to offset the capital costs associated with the construction of the facility instead of being allocated to the Corporate Energy Reserve.
Staff Report 2019-48 2019 Capital Status Update Report
That the 75 capital projects listed in Schedule A to Staff Report 2019-48 be closed and the unaudited net capital project surplus of $507,825.39 be transferred back to/(from) the original sources of funding.
Staff Report 2019-100 Noise By-law Exemption Request Extension – Dixie Road Sanitary Sewer and Watermain Construction
That the existing Noise By-law exemption to Technicore Underground Inc. from Section 15 of Table 3-1 of Noise By-law 86-110 to permit construction activity between the hours of 11:00 p.m. and 6:00 a.m. be extended until December 31, 2019 subject to the conditions outlined in Schedule B of Staff Report 2019-100. 7 General Committee Meeting Report Tuesday, April 23, 2019 Page 2 of 6
Request for Funding - Caledon Trailway Book Committee
Whereas the Caledon Trailway Book Committee has conducted research and has written an illustrated history and celebration of the Caledon Trailway – the first link in the Trans Canada Trail/Great Trail;
Whereas the Caledon East and District Historical Society was granted $10,000 from the 2019 Municipal Agricultural and Community Grant Fund for funding the book;
Whereas the Caledon Trailway Book Committee was granted $2,500 as a 2018 Secondary Grant from the Caledon Council Community Golf Tournament to assist in the production of the book;
Whereas the Caledon Trailway Committee requires an additional $20,000 for the printing of the book;
Whereas the 2019 Municipal Agricultural and Community Grant Fund has been fully allocated in the amount of $111,000;
Now therefore be it resolved that a grant be provided to the Caledon Trailway Book Committee in the amount of $20,000 to be funded from the Municipal Agricultural and Community Grant Fund; and
That staff be authorized to draw up-to $20,000 from the Operating Budget Contingency Reserve to fund this additional grant should the overall 2019 operating budget be in a deficit position by the end of the year; and
That any fundraising efforts be re-paid to the Municipal Agricultural and Community Grant Fund.
PUBLIC MEETING - 1 p.m.
Development Charges Study
Chair J. Innis confirmed with Heather Haire, Treasurer, Finance and Infrastructure Services, that notification was conducted in accordance with the Development Charges Act.
Andrew Grunda, Managing Partner, Watson and Associates provided a presentation outlining the process of calculating a development charge under the Development Charges Act, growth forecasts, need for service, capital needs, recoverable costs and components of the proposed Development Charges By-law.
PUBLIC COMMENTS
Sherry Brioschi, expressed concerns with the proposed residential (single detached) Development Charge rate and its balance with the industrial commercial rate, and statutory exemptions for creating dwelling units in existing dwelling units. She noted that she feels additional units may put pressure on services provided. Ms. Brioschi warned if the province removes Development Charges altogether property taxes may be impacted.
Patrick Harrington, representing ARGO Caledon, expressed concern with the absence of the phase-in/transition provision in the proposed by-law. He noted that in previous by-laws the phase-in/transition provision has been included and is at the discretion of Council. Mr. Harrington requested that consideration be provided to projects that are able to register between May 29, 2019 and June 25, 2019 to pay the existing development charges.
Members of Committee asked questions and received responses from the presenter and staff.
Committee recessed from 2:26 p.m. to 2:39 p.m.
Councillor A. Groves left the meeting at 2:19 p.m. and returned at 2:22 p.m.
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Councillor T. Rosa joined the meeting at 2:39 p.m.
Councillor J. Downey joined the meeting at 2:39 p.m.
PRESENTATIONS
Transit Feasibility Study
Eric Chan, Manager of Transportation, Finance and Infrastructure Services and Dennis Fletcher, Steer Group provided a presentation outlining the Transit Feasibility Study highlighting the extensive public consultation process, evaluation criteria and metrics, prioritization, and the high priority transit options including Phase 1 Mayfield West to Brampton and Phase 2 Bolton to Brampton. Proposed key strategies, recommendations and next steps were reviewed.
Councillor A. Groves left the meeting at 2:41 p.m. and returned at 2:44 p.m.
With the consensus of the Committee, the Agenda was amended to hear Staff Report 2019- 57 following the Presentation.
The General Committee recommends adoption of the following recommendation:
Staff Report 2019-57 Caledon Transit Feasibility Study Recommendations
That the Caledon Transit Feasibility Study (TFS) report and the final technical report, (attached as Appendix A to staff report 2019-57), be approved;
That Town staff be authorized to implement transit services to Mayfield West and Bolton beginning September 2019, as outlined in staff report 2019-57 and per the recommendations of the TFS Phase 1 of the transit service plan, funded from the approved $320,000 included in the 2019 operating budget;
That a new schedule, attached as Appendix C to staff report 2019-57, to the existing Brampton Transit Agreement between the Town and the City of Brampton/Brampton Transit be approved as an amendment to the original agreement in order for Brampton Transit to start providing transit services in the Mayfield West starting Fall, 2019;
That the Mayor and Clerk be authorized to execute any agreements/amending agreements with the City of Brampton/Brampton Transit necessary to provide for the Mayfield West transit service as outlined in staff report 2019-57;
That Town staff be authorized to obtain all necessary licences/Ministry of Transportation Ontario (MTO) approval to provide transit services and be authorized to procure the Bolton transit service, outlined in staff report 2019-57, with the goal of service starting in 2019;
That Town staff be authorized to work with Peel Region to plan and install bus stops and sidewalks along Mayfield Road, King Street and Coleraine Drive, to support the transit services in Mayfield West and Bolton, in accordance with the TFS Phase 1 of the transit service plan;
That the Province of Ontario/MTO be requested for Dedicated Gas Tax funding related to the transit services in Caledon, which includes the $320,000 of annual funding for the Mayfield West and Bolton transit services and continuation of the $60,225 annual funding for the existing Tullamore transit service;
That the Mayor and Clerk be authorized to execute any agreements required, between the Town and Province of Ontario, MTO, and/or Region of Peel for the Town to obtain Provincial Dedicated Gas Tax Funding for the transit services in Caledon;
That Town staff be directed to report back to the Council on the financial and operational performance of all Caledon-funded transit services in 2020.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
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Councillor A. Groves left the meeting at 3:28 p.m. and returned at 3:33 p.m.
2018 Asset Management Plan
Gabe Metron, Regional Director, Public Sector Digest, provided an overview of the proposed Asset Management Plan, the challenges of sustainably managing asset portfolios, Ontario Regulation 588/17 and its three phases, and evaluation of the Town's assets.
With the consensus of the Committee, the Agenda was amended to hear Staff Report 2019- 62 following the Presentation.
The General Committee recommends adoption of the following recommendation:
Staff Report 2019-62 Corporate Asset Management Plan 2018
That the Corporate Asset Management Plan as attached in Schedule A to Staff Report 2019-62 be approved.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
STAFF REPORTS
The General Committee recommends adoption of the following recommendation:
Staff Report 2019-41 2018 Year End Operating Budget Variance
That the 2018 operating surplus of $2,883,228 be transferred to the following reserves:
a) $2,842,563 to the Tax Funded Capital Contingency Reserve;
b) $40,665 to the Firefighter Post-Retirement Benefits Reserve Fund; and
That $4,040 be transferred from the Development Charges Exemptions and Discounts reserve to fund discretionary development charge discounts provided during the year, as part of the 2018 year end entries.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
The General Committee recommends adoption of the following recommendation:
Staff Report 2019-59 Purchasing By-law
That Purchasing Bylaw 2013-107, including all amendments be repealed and replaced with the proposed bylaw attached as Schedule A to Staff Report 2019-59 effective May 1, 2019.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
Councillor J. Downey left the meeting at 4:17 p.m. and returned at 4:19 p.m.
Councillor J. Innis left the meeting at 4:19 pm. Councillor C. Early assumed the role of Chair.
Councillor J. Innis returned to the meeting at 4:29 p.m. and assumed the role of Chair.
Staff Report 2019-60 Amendment to Fireworks By-law
That Staff Report 2019-60 be deferred.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
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The General Committee recommends adoption of the following recommendation:
Staff Report 2019-54 Proposed Park By-law Amendment
That Park By-law 2005-112, as amended, be further amended to replace the definitions of park and Director and make additional minor resulting adjustments in accordance with the proposed By-law attached as Schedule A to Staff Report 2019-54.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
Councillor L. Kiernan left the meeting at 4:37 p.m. and returned at 4:40 p.m.
Staff Report 2019-58 Old Bolton Fire Station/Caledon Innovation Hub
The General Committee discussed and debated this matter and the motion was lost. Therefore this matter resulted in no further action.
The General Committee recommends adoption of the following recommendation:
Staff Report 2019-102: Appointment to Caledon Community Services for the 2018-2022 Term of Council
That Councillor C. Early be appointed to Caledon Community Services for the 2018-2022 Term of Council.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
CORRESPONDENCE
The General Committee recommends adoption of the following recommendation:
That the following requests provide presentations at future Council meetings:
The Hub Retrofits and Bolton Camp Infrastructure Upgrades Planning the Next GGH Community Responder/AED Drone Program Caledon Area Families for Inclusion 5G Wireless Infrastructure
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
CONFIDENTIAL SESSION
Moved by: Councillor A. Groves - Seconded by: Councillor L. Kiernan
That Council shall go into confidential session under Section 239 of the Municipal Act for the following purpose:
Confidential Staff Report 2019-101 Personal matters about an identifiable individual - Heritage Caledon Committee Vacancy Appointment for the 2018-2022 Term of Council
Confidential Staff Report 2019-102: Personal matters about an identifiable individual, including municipal or local board employees - Senior of the Year Award 2019
Carried.
General Committee resumed in Confidential Session in the Council Chamber at 5:10 p.m.
Mayor A. Thompson, Councillor N. deBoer, Councillor J. Downey, Councillor C. Early, Councillor A. Groves, Councillor L. Kiernan, Councillor T. Rosa, Councillor I. Sinclair, Councillor J. Innis, Chief Administrative Officer: M. Galloway, General Manager, Corporate Services/Town Clerk: C. Herd were present for this portion of the meeting.
11 General Committee Meeting Report Tuesday, April 23, 2019 Page 6 of 6
General Committee adopted the required procedural motion at and resumed in Open Session at 5:14 p.m.
The General Committee recommends adoption of the following recommendation:
That the following citizen be appointed to the vacancy position for the Heritage Caledon Committee for the 2018 – 2022 Term of Council:
1. Diana Janosik-Wronski
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
The General Committee recommends adoption of the following recommendation:
That Nora Martin be selected as the Town of Caledon’s nomination for the 2019 Senior of the Year Award to the Province of Ontario’s Honours and Awards Secretariat.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
With the consensus of the Committee, the Agenda was amended to hear Correspondence following the Confidential Session.
CORRESPONDENCE
Provincial Government Review of GTA Municipalities
Mike Galloway, Chief Administrative Officer provided an overview of the memo regarding Provincial Government Review of GTA Municipalities.
Members of the Committee asked questions and provided comments regarding the Memorandum.
Councillor A. Groves left the meeting at 5:38 p.m. and returned at 5:40 pm.
The General Committee recommends adoption of the following recommendation:
That staff be directed to provide Council with a public engagement strategy to engage residents regarding the review of regional governance and provide the report at the April 30, 2019 Council meeting.
That the Town of Caledon establish a position in principle regarding the review of regional governance at the April 30, 2019 Council meeting.
That staff be directed to provide Caledon Council with the “Financial Impact Analysis of Service Delivery Models” report currently being commissioned by the Region of Peel by the end of May 2019.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
Councillor A. Groves left the meeting at 5:56 pm
ADJOURNMENT
The Committee adjourned at 5:59 p.m.
12 Planning and Development Committee Meeting Minutes
Tuesday, April 23, 2019 7:00 p.m. Council Chamber, Town Hall
Chair: Councillor N. DeBoer Vice Chair: Councillor L. Kiernan (joined at 7:08 p.m.) Mayor A. Thompson Councillor J. Downey Councillor C. Early Councillor J. Innis Councillor A. Groves Councillor T. Rosa Chief Administrative Officer: M. Galloway General Manager, Corporate Services/Town Clerk: C. Herd Manager, Development – East, Community Services: C. Blakely Manager, Development – West, Community Services: R. Hughes Coordinator, Council Committee: J. Lavecchia Senior Planner, Community Services: L. Lee-Yates Community Planner, Community Services: M. Mohr General Manager, Community Services: P. Tollett
CALL TO ORDER
Chair N. deBoer called the meeting to order in the Council Chamber at 7:02 p.m.
DISCLOSURE OF PECUNIARY INTEREST – none.
CONSENT AGENDA
The Planning and Development Committee reports that the following matters were dealt with on the consent portion of the agenda and recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
Staff Report 2019-51 To Approve the Environmental Implementation Report (EIR) and Functional Servicing Report (FSR) for Mayfield West Phase 2, Stage 1 Secondary Plan
That the Functional Servicing Report (FSR) and Environmental Implementation Report (EIR) as required by the Mayfield West Phase 2, Stage 1 Secondary Plan be approved.
That any technical adjustments be delegated to the Manager, Development or delegate.
Heritage Caledon Committee Report dated April 15, 2019
That the Heritage Caledon Committee Report dated April 15, 2019 be received.
Request for Update Regarding the Bolton Residential Expansion Study (BRES)
Whereas the Bolton Residential Expansion Study (BRES) is a land use planning process that was commenced in 2012 by the Town of Caledon to determine where to accommodate additional population growth outside of the Bolton settlement boundary;
Whereas in 2014 Town Council endorsed Option #3, an area north of King Street, west of the Canadian Pacific (CP) Rail and east of The Gore Road as the preferred growth area, following a comprehensive public process designed to implement the 2031 growth numbers assigned to the Town by the Region of Peel;
Whereas in 2014 The Town submitted its application to amend the Region of Peel Official Plan (ROPA) to expand the current Bolton Settlement Boundary on the Option #3 lands;
Whereas in 2016 Peel Regional Council considered Caledon’s Regional Official Plan Amendment (ROPA) application and adopted ROPA no. 30, being an amendment to
13 Planning and Development Committee Meeting Report Tuesday, April 23, 2019 Page 2 of 4
expand the Rural Service Centre for Bolton in the Regional Official Plan in the areas identified as Option #6 and the Triangle Lands. Option #6 lands are located west of the Bolton Rural Service Centre, south of Healey Road, east of Humber Station Road and north of Mayfield Road;
Whereas new and existing members of Council will benefit from receiving the chronology and an update regarding this matter;
Now therefore be it resolved that outside legal counsel be invited to a future Planning and Development to provide Council with an update regarding the BRES file before June 2019.
PUBLIC MEETING
Chair N. deBoer advised that the purpose of the public meetings is to obtain input from the public and that any concerns or appeals dealing with the proposed applications be directed to the Legislative Services division. He noted that any interested persons requesting further notification regarding the proposed applications are advised to sign the appropriate notification form.
1. Application for Proposed Zoning By-law Amendment RZ 15-08 12544 Regional Road 50 Part Lot 3, Concession 6 (Albion) (Ward 5)
Chair N. deBoer confirmed with Melissa Mohr, Community Planner, Community Services, that notification was conducted in accordance with the Planning Act.
Pere Bekedermo, Intern Architect/Junior Planner, nArchitecture Inc. provided a presentation regarding the proposed application to rezone the subject lands to permit a convenience/retail store with offices at the front of the property with a motor vehicle washing establishment and a motor vehicle body shop at the rear of the site.
Chair N. deBoer thanked Mr. Bekedermo for his presentation.
PUBLIC COMMENTS – none.
WRITTEN CORRESPONDENCE – none.
A member of Council asked a question and received a response from the presenter.
This matter was recommended to Town Council for receipt at its meeting to be held on April 30, 2019.
2. Application for Proposed Zoning By-law Amendment RZ 18-06 0 Mount Pleasant Road Part Lot 27, Concession 8 (Albion) (Ward 4)
Chair N. deBoer confirmed with Leilani Lee-Yates, Senior Planner, Community Services, that notification was conducted in accordance with the Planning Act.
Mark Jacobs, Planner, The Biglieri Group. provided a presentation regarding the proposed application to rezone the subject lands to permit the creation of an 8-lot estate residential subdivision accessed by a new road and serviced by municipal water and private septic services.
Chair N. deBoer thanked Mr. Jacobs for his presentation.
PUBLIC COMMENTS – none.
WRITTEN CORRESPONDENCE – none.
A member of Council asked a question and received a response from the presenter.
This matter was recommended to Town Council for receipt at its meeting to be held on April 30, 2019.
14 Planning and Development Committee Meeting Report Tuesday, April 23, 2019 Page 3 of 4
STAFF REPORTS
The Planning and Development Committee recommends adoption of the following recommendation: Staff Report 2019-36 Proposed Town-Wide Zoning By-law Amendment to Permit Cannabis Production Facilities
That, in accordance with Section 34(17) of the Planning Act, no further notice is required to be provided on the proposed By-law; and,
That the By-law attached as Schedule “A” to Staff Report 36-2019 be enacted to amend Comprehensive Zoning By-law 2006-50, as amended, to permit and regulate cannabis production facilities in Prestige Industrial (MP) and Service Industrial (MS) zones within the Town of Caledon, by deleting, adding and amending definitions and general provisions to reflect new legislation and requirements and changing the permitted use in the A2-595 zone to permit a cannabis production facility rather than a medical marihuana production facility.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
NOTICES OF MOTION
The Planning and Development Committee recommends adoption of the following recommendation: Reduction in Engineering Securities for Industrial and Commercial Development
Whereas the entire Town of Caledon is subject to Site Plan Control, in accordance with the provisions of By-law 2013-086; and
Whereas through the approval of site plan applications, the Town receives securities to ensure works are undertaken on the lands as per the approved plans in accordance with applicable town standards and requirements, and to ensure development occurs in a timely manner; and
Whereas the Town’s Site Plan Manual requires for Industrial and Commercial developments the receipt of 100% Engineering Securities, determined through cost estimates as provided by the applicant and independent of any municipal works; and
That staff report back with options to reduce the requirement for Landscape and Engineering Securities for Commercial and Industrial developments by May 2019.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
CONFIDENTIAL SESSION
Moved by: Councillor A. Groves – Seconded by: Councillor J. Downey
That Council shall go into confidential session under Section 239 of the Municipal Act for the following purpose:
Confidential Staff Report 2019-16 Litigation including matters before administrative tribunals, affecting the municipality – 17923 Shaws Creek, Pinkney House Proposed Settlement – Heritage Designation
Carried.
Planning and Development Committee resumed in Confidential Session in the Council Chamber at 7:46 p.m.
Councillor N. deBoer, Councillor J. Downey, Councillor C. Early, Councillor A. Groves, Councillor L. Kiernan, Councillor T. Rosa, Councillor I. Sinclair, Councillor J. Innis, Chief Administrative Officer: M. Galloway, General Manager, Corporate Services/Town Clerk: C. Herd, General Manager, Community Services: P. Tollett were present for this portion of the meeting.
15 Planning and Development Committee Meeting Report Tuesday, April 23, 2019 Page 4 of 4
Planning and Development Committee adopted the required procedural motion and resumed in Open Session at 7:56 p.m.
The Planning and Development Committee recommends adoption of the following recommendation:
That the Mayor and Town Clerk be authorized to execute a Heritage Conservation Agreement for 17923 Shaws Creek Road (the Pinkney Property) and such other documentation as may be necessary in accordance with the terms outlined in Confidential Staff Report 2019-16 in the event of a settlement of the appeal to the Conservation Review Board (CRB Case No. 1620) of the Notice of Intent to Designate the Pinkney Property by Lafarge Canada Inc. (“Lafarge”) (the “Appeal”);
That in the event a settlement of the Appeal, staff bring forward a designating by-law in accordance with the terms outlined in Confidential Staff Report 2019-16;
That in the event a settlement is not reached, staff be directed to attend the CRB in support of Council’s position to designate the Pinkney Property for the reasons set out in Staff Report 2016-98 and on the instructions of the Manager, Policy and Sustainability.
This matter was recommended to Town Council for consideration of adoption at its meeting to be held on April 30, 2019.
ADJOURNMENT
The Committee adjourned at 7:58 p.m.
16 Caledon Leash-free Action Committee
17 Mission statement
To help facilitate safe and comfortable access to Caledon’s dog parks 365/year 18 Priorities Our top priorities are mostly things that would be expected at any facility:
● Safe and wheelchair accessible path ● Routine maintenance ● Shelter and lighting 19 Alex Egle Taylor Boudreau Crystal Larouche
The Action Committee A dedicated group of Dog park users willing to roll up their sleeves for the benefit of the community.20 Safe access
This sloping path at the entrance to the park can be tricky for able-bodied park users when covered by ice in the winter.
Elderly or disabled people avoid the park in the winter because of this issue.
21 Safe access
This section at the entrance to the watershed paths requires hanging onto the fence to cross safely.
22 Safe access
If you’ve made it this far, this section at the back of the entrance to the watershed paths should not be attempted without spikes.
The wooden walkway remains clear so a possible solution is to extend it. 23 Routine Maintenance
These very handy and very necessary poop bag dispensers are almost always empty.
Besides being gross to step in, feces are a potential source of disease in standing water that some dogs like to eat and/or roll in. 24 Routine Maintenance
Ice, standing water and mud are all big problems for folks who want to use the park 365 days/year.
25 26 27 28 29 Routine Maintenance
Dogs love puddles and it’s hard to keep them out
30 31 Routine Maintenance
Fence in watershed area needs to be repaired immediately when it breaks.
32 Shelter & Lighting
Current shelter is too small and nearing the end of its life.
There is no lighting, so at times, the area is too dark to use after work.
33 Solutions in the near-term
Mulch is a natural, dog friendly solution but it only lasts one season.
Some mulch has been laid at times but not nearly enough and it Garbage in the mulch <<<< deteriorates long before it is replenished.
34 Solutions in the near-term
Gravel path
35 Solutions in the near-term
Walking mat
36 Solutions in the near-term
Wheelchair accessible area combined with small dog area at entrance to park
37 Solutions in the near-term
Wheelchair accessible area combined with small dog area at entrance to park
38 Solutions in the near-term
Wheelchair accessible area combined with small dog area at entrance to park
39 Solutions in the near-term
Wheelchair accessible area combined with small dog area at Coleraine or another location
40 Solutions in the near-term
Local business provide sponsored funding for gazeebo/shelter, fencing and other nice things to have at a park
41 Solutions in the near-term
Local business provide sponsored funding for gazeebo/shelter, fencing and other nice things to have at a park
42 Solutions in the near-term
Local business provide sponsored funding for gazeebo/shelter, fencing and other nice things to have at a park
43 Nice things to have “We want to challenge the dog physically and mentally with things like obstacle courses, busy environments, and any situation in which the dog can get feedback from other, more confident dogs.”
-The dog whisperer Cesar Milan on anxious dogs 44 Solutions in the near-term
Recycled tires
45 Solutions in the near-term
Dogs are big business
46 Solutions in the near-term
Dog wash station
47 Solutions in the near-term
Toilet and hand washing facilities
48 Solutions in the near-term
In ground poop stations
49 Solutions in the near-term
Memorial wall
50 Solutions in the near-term
The sky’s the limit
51 What we are asking for
● Recognize our group as liaison, looping ● Permission to hold events us into any leash free issues in Caledon ● Permission to post signage ● More dog parks in Caledon ● Permission to organize ● Permission to fundraise for maintenance efforts Caledon Leash-free park equipment ● Permission to survey CDP users
52 Memorandum
Date: Tuesday, April 30, 2019
To: Mayor Thompson and Members of Council
From: Devan Lobo, Senior Analyst (A), Corporate Initiatives, Strategic Initiatives
Subject: Regional Government Review - Public Engagement Strategy
At the April 23, 2019 General Committee meeting Council reviewed a memorandum from staff regarding the history and high-level governance options for Caledon that could result from the Province’s ongoing review of regional governments in Ontario. Council directed staff to provide a public engagement strategy to engage Caledon residents regarding the review of regional governance and report back at the April 30, 2019 Council meeting.
Background
With the help of two special advisors, the Province is reviewing the governance, decision-making, and service delivery functions of the regional governments and their lower-tier municipalities. The Region of Peel and its lower-tier municipalities of Brampton, Caledon and Mississauga are under review. The review aims to help ensure that these municipalities are working effectively and efficiently and can continue to provide the vital services that communities depend on. In early Summer of 2019, the special advisors are expected to provide recommendations to the Minister on opportunities to improve regional governance and service delivery.
The Province has invited individuals and organizations to participate in provincial consultations through in person presentations, written submissions and an online survey closing on May 21, 2019. At this time, more locally Mississauga conducted a survey from March 25 – 27, 2019 to gauge resident awareness of the provincial review and the level of support for independence. In addition, on April 8 the City of Mississauga engaged residents through a Town Hall to obtain feedback on the City becoming independent of the Region. The City of Brampton consultation opportunities included a Telephone Town Hall on April 24 and an in-person Town Hall is scheduled for May 4, with online feedback opportunities through the city website.
Public Engagement Strategy
Public engagement will provide Caledon residents with the opportunity to provide feedback to Council with respect to the Province’s review. Staff propose engaging residents through the following opportunities:
Online survey In-person sessions
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The online survey will gauge awareness of the province’s review, level of importance of various aspects of local government, and opinions regarding governance options. The survey is expected to be open from May 2 to May 16, 2019.
In-person comments can be provided during upcoming Coffee with Council sessions hosted by Council at the following dates and locations:
Saturday, May 4, 2019 Ward 3 & 4 | Caledon East Community Complex | Banquet Hall B | 1 p.m. to 3 p.m. Ward 5 | Caledon Centre for Recreation & Wellness | Training Room | 10 a.m. to 12 p.m.
Saturday, May 11, 2019 Ward 2 | Mayfield Recreation Complex | Meeting Room | 10 a.m. to 12 p.m. Ward 1 | Belfountain Community Hall | 1 p.m. to 3 p.m.
The Town’s Advocacy webpage will have a section dedicated to the Regional Government Review with current information, updates and public engagement opportunities. A summary of feedback received will be provided to Council.
In addition, members of the public will be encouraged to engage with Council directly to provide their feedback on the Regional Government Review. Members of the public may also direct any inquiries to staff as applicable.
Attachment
Schedule A – Town of Caledon Online Survey – Regional Governance Review
54
Schedule A to Memo
Town of Caledon Online Survey - Regional Government Review
The Province is conducting a review of several regional governments and their lower-tier municipalities with respect to the efficiency and effectiveness of governance, decision-making and service delivery.
You are invited to provide feedback to Caledon Council by answering the questions below.
For more information please visit caledon.ca/advocacy.
We respect your privacy. Personal information is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act. Read more about our privacy policy.
If you have questions about this survey, please contact the Town of Caledon at 905.584.2272 x. 7750 or [email protected]
1. In what Ward do you reside? (If unsure, refer to our Ward Map)
Ward 1 Ward 2 Ward 3 Ward 4 Ward 5
2. How aware are you of the province's Regional Government Review?
Very aware, Somewhat aware, Not at all aware
3. The provincial review could result in changes to regional and local governance. This could affect Caledon in a number of ways.
Rank the following factors in order of importance to you (#1 being the most important):
Access to services Cost of services/Taxes Council representation Efficient decision-making Government size Government structure Quality of service Speed of service
4. In your view, how might governance, decision-making and/or service delivery by local government (Town of Caledon and/or the Region of Peel) be improved?
(Comment box)
55 Schedule A to Memo
5. Do you wish to provide your opinion on an appropriate local/municipal governance option?
No Yes (please explain below)
(Comment box)
56 Memorandum
Date: Tuesday, April 30, 2019
To: Members of Council
From: Katelyn McFadyen, Manager, Energy & Environment,
Subject: Comments on the Environmental Bill Registry 013-5018 to Modernize the Conservation Authorities Act
The Province of Ontario recently released an Environmental Bill of Rights posting 013-5018, titled ‘Modernizing conservation authority operations-Conservation Authorities Act’. The purpose of this Memo is to provide a summary of the key proposed changes and outline comments that the Town of Caledon will submit prior to the closing of the EBR on May 20th.
Modernizing Conservation Authority Operations-Conservation Authorities Act
The Conservation Authorities Act was introduced in 1946 to enable programs and services to further the conservation, restoration, development and management of natural resources in watersheds in Ontario. Under the Act, 36 Conservation Authorities were created at the request of municipalities and are governed by municipally appointed representatives. As extreme weather, caused by climate change becomes more predominant, the role that Conservation Authorities play in our communities is becoming increasingly important. In response, the Province is seeking to modernize the Conservation Authorities Act, specifically considering the following:
Clearly define that the core mandatory programs and services provided by conservation authorities to be natural hazard protection and management, conservation and management of conservation authority lands, drinking water source protection and protection of the Lake Simcoe watershed; Increase transparency in how conservation authorities levy municipalities for mandatory and non-mandatory programs and services. This will be done by aligning with modern transparency standards and reviewing levy’s for non-core programs after a certain period and establishing a process for entering agreements with municipalities for the delivery of these non-mandatory programs; Enable the Minister of Environment, Conservation and Parks to appoint an investigator to audit and report on a Conservation Authority, and; Clarify the duty of conservation authority board members to act in the best interest of a conservation authority, like not-for profit organizations. Previous Updates to the Conservation Authorities Act
In 2017, the Ontario government updated the Conservation Authority Act. Through updates to legislation, regulations, policies and programs, the Conservation Authority Act was proposed to be modernized to address the following:
57
strengthen oversight and accountability; increase clarity and consistency in Conservation Authority programs and services; increase clarity and consistency in regulatory requirements; improve collaboration and engagement; and modernize funding mechanisms. Implementation of the proposed changes were planned to be phased-in over four-years to provide ministry, conservation authorities, participating municipalities, Indigenous communities and other interested parties the opportunity to participate, and to allow resources needed to operationalize changes.
Caledon’s Climate Change Plan Update
The Federal Government in their report “Canada’s Changing Climate” recently revealed that Canada is warming at twice the rate of the rest of the world, with many of the impacts already considered irreversible. To help understand the implications of a changing climate, the Town recently completed a Climate Change Risk and Vulnerability Assessment that served the purpose to (1) understand the future weather trends in Caledon to 2090 and (2) Identify the impacts related to the forecasted weather changes to natural, infrastructure, and social and economic systems. A summary of the climate change projections are outlined in Table 1 below:
Table 2: Climate Change Projections Summary Climate Indicators Climate Change Projections Temperature Warmer in every season More extreme hot days Fewer days below freezing Average annual baseline temperature increases Precipitation Increase in annual precipitation Winter and spring getting wetter (snow & rain) Precipitation events getting more frequent & intense Decrease in summer precipitation Freeze/Thaw Cycles Fewer freeze/thaw cycles, primarily in spring / fall Growing Season Length Growing season beginning earlier, ending later Average Wind Difficulty forecasting major trends Freezing Rain Difficulty forecasting major trends
After extensive consultation with stakeholders including Town staff and Conservation Authority partners, a series of impacts resulting from the climate change projections were identified and evaluated. Examples of key impacts identified include: Drier summer conditions that lead to drier soils, wetlands and waterbodies negatively impacting agriculture, biodiversity and leading to the spread of invasive species; Increased precipitation leading to more flooding, creating emergency service challenges, damaging infrastructure, eroding natural areas and leading to the run off of important soil nutrients required for agriculture practices; Increase in precipitation that lead to more salting of roads during the winter season, and runoff from agricultural fields (during shoulder seasons) that may result in reduced water quality. A full list of the impacts identified through our risk and vulnerability assessment, specifically related to the work completed by Conservation Authorities is available in Schedule A. The outcome of this
58 assessment is a significant pillar in the Town’s Climate Change Action Plan Update. This Plan will contain actions to reduce climate change causing greenhouse gas emissions, and actions to adapt to the forecasted changes in climate to build a resilient Caledon.
Importance of Partnerships with Conservation Authorities on Climate Change Action
The Town has developed strong partnerships with Credit Valley Conservation (CVC) and Toronto and Region Conservation Authority (TRCA) to implement programs, projects and studies that protect, enhance and restore natural systems within the Town of Caledon. As the Town updates its Climate Change Action Plan, these partnerships will be crucial in affording the Town the capacity to address the wide ranging and complex systemic changes already taking place as a direct result of a changing climate. In addition, the Town currently has a Protocol / Memorandum of Understanding with the Conservation Authorities for them to act as our technical advisor regarding planning applications, with respect to the delineation and protection of natural environmental features and their functions. Conservation Authorities have the expertise and technical staff, including ecologists and biologists to provide this role for municipalities. This in turn enables the Town to leverage the expertise within Conservation Authorities to support climate change action and provide technical advice on planning applications without having to duplicate these efforts and resources within the municipality. The Town agrees with the actions outlined in the Provincial Environment Plan that recognizes the strength in relationships with Conservation Authorities for the protection and restoration of wetlands, natural ecosystems and resources, protection of people from flooding, and for the management of road salt, increasingly used in response to extreme weather. As the Province undertakes a review of the Conservation Authority Act, the Town would like to highlight the importance of the unique expertise and capacity within Conservation Authorities to deliver wide ranging actions to address and respond to the challenges of a changing climate.
Fundamental to their role and expertise is the ability of Conservation Authorities’ to take a watershed perspective, providing holistic guidance on resource management. To date, CVC and TRCA has worked in partnership with the Town of Caledon to successfully develop and implemented mitigative and adaptive strategies that would not have been possible otherwise. Through continued efforts programs offered by CVC and TRCA have contributed to improving and building the Town of Caledon’s resiliency in the following ways:
Monitoring water level conditions in real-time and provide flood forecasting a warning services; Gather and use knowledge in support of informed decision making on the impacts of climate change on biodiversity, natural features and functions; Build partnerships and leverage capacity to ensure a coordinated agency response to climate change; Provide the capacity necessary for residents and the private sector to enhance climate change literacy to foster action that is supported through tailored programs and interventions; Incorporate current science on climate change into Natural Heritage Systems planning at multiple scales within CVC and TRCA including watershed, subwatershed, and site scale; Measure, monitor and report on indicators of climate change in our natural areas, apply adaptive environmental management, and enhance protection and stewardship efforts; Identify and enhance protection efforts for species or communities most at risk from climate change; Undertake innovative research leading to the development of processes and tools to evaluate flood risk mitigation investments and approaches; Conserve genetic diversity by protecting a variety of habitats and species;
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Increase wetland protection and restoration efforts and the quality and quantity of streamside plantings to moderate flooding events; Enhance urban natural spaces and plant more neighbourhood trees to moderate the effect of extreme heat days in urban settlement areas; Further details on the programs offered by TRCA and CVC and their benefit to the Town of Caledon is provided in Schedule B: Inventory of Conservation Authority Partner Climate Change Related Projects and Programs in Caledon.
In addition to these, the Region of Peel, City of Brampton, City of Mississauga, the Town of Caledon, Credit Valley Conservation, and the Toronto and Region Conservation Authority have formed a Peel Climate Change Partnership. The Partnership was formed in response to ‘the urgent need to respond to climate change at the locale level’ guided by senior representatives from each of the partnering organizations. The Partnership focuses on three main strategies including (1) the transition to low carbon communities (2) addressing temperature increases using green infrastructure and (3) develop comprehensive and coordinated approaches to flood mitigation. The Partnerships mission is to work collaboratively with municipal partners, conservation authorities, residents and businesses to address climate change at the local level. CVC and TRCA have been important members of this collaborative, providing science and technical expertise, and assisting to execute key actions identified in these strategies.
Overall, through partnerships with the Conservation Authorities, the Town is able to enhance its capacity to address the significant challenges posed by climate change and provide technical advice on planning applications without the duplication of resources at the municipal level. The Town encourages the Province to consider the value of this expertise as changes are considered in the modernization of the Conservation Authorities Act.
Attachments
Schedule A: Risk and Vulnerability Assessment Results Related to Work Completed by Conservation Authorities Schedule B: Inventory of Conservation Authority Partner Climate Change Related Projects and Programs in Caledon
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Schedule A: Risk and Vulnerability Assessment Results Related to Work Completed by Conservation Authorities
Subset of Climate Change Impacts Identified Related to Conservation Authority Expertise and Programs Impacts on Agriculture, Vegetation and Flooding Impacts Water Quality Impacts Biodiversity Warmer temperatures leading to: Increase in precipitation and high intensity Increase in precipitation leading to: Dryness of soil affecting crops ability to gain events leading to: Increased runoff from farm fields nutrients for survival, leading to higher rates Hazardous road conditions, closed leading to more nitrates and fertilizers of crop mortality and failure; businesses, blocked access for in groundwater sources; Increased and potentially significant emergency vehicles, property damage Increased road salting (reaching levels pressures on overall water supply and and need for evacuation; close to an ocean) leading to availability jeopardizing water availability for Increased stress on Town infrastructure contamination of agricultural land, farming practices; including roads, bridges, facilities, drinking water, rivers and streams, and Drier summers, potentially leading to the loss stormsewer systems and culverts; native vegetation and habitat. of wetlands, waterbodies and sensitive Increased runoff in urban areas where Warmer temperatures leading to: species (i.e. lower summer water flows and recharge areas have been paved over; Increase in algae blooms negatively decrease oxygen levels threatening survival Flooding and water quality issues impacting recreation and drinking water of fish); downstream of Caledon; and Contamination of source water, More evaporation, lowering the water table Increased pressure on basement sump potentially causing stress on water and reducing infiltration to recharge shallow pumps and shallow works (pipes) treatment processes; aquifers (e.g. impacting groundwater and well causing increased lot-level flood risk; Decreased water levels and stream recharge; Increased risk of damage to and/or flows, leading to reduced water quality Higher rates of disease and spread of flooding of septic systems, resulting in and potential for contamination of invasive species threatening the health of localized contamination of wells and streams and rivers. native plants (i.e. emerald ash borer) and natural features. humans (west nile, lyme disease); Milder springs resulting in more algae blooms; Increased precipitation leading to: Increase in erosion of natural areas causing damage to parks, trails, farm fields, riverbanks, hillsides and habitats; Water logging of fields (especially lower lying areas), washing out of important soil nutrients, leading to delayed farming activities and lowering crop yields Changing temperature and precipitation patterns leading to: Shifting ecological community’s flora and fauna, leading to potential loss of native biodiversity.
61 Schedule B: Inventory of Conservation Authority Partner Climate Change Related Projects and Programs in Caledon
TRCA Programs and Projects
Description Project Metrics Caledon Climate Change Connection Community Based Restoration Events and Services: In 2018 projects undertaken in Caledon Natural habitats and ecosystems collaboration with local municipalities, TRCA works include: in Caledon are challenged by an throughout its jurisdiction to engage residents, corporate and - 10 events that involved local schools, increase in temperature and community groups, and students in Community-Based residents and community organization changing precipitation patterns. Restoration Events, Watershed Clean-Ups, and citizen groups This work leads to the science activities. These events include native tree and shrub - 2.5 ha of wetland restoration improvement of water quality, plantings, pollinator habitat implementation and maintenance, - 5 ha of forest restoration controlling invasive vegetation, invasive vegetation control, clean-up efforts to remove waste - 2 ha of riparian restoration protecting and providing habitat and litter, and monitoring and maintenance of newly restored - 200 m of stream restoration for wildlife and enhancing areas through TRCA’s citizen science Young Tree and Shrub - 0.5 ha of enhancement plantings recreational areas. Monitoring and Maintenance Program (YTMP). - 103,514 total trees and shrubs planted - 1 in-stream barrier removed Forest Management on Public and Private Lands TRCA is 2018 projects completed in Caledon Invasive species and the spread actively involved in forest management projects by helping include: of pests are likely to increase private landowners in Caledon restore and improve their - Removal of 1,650 Emerald Ash Borer because of forecasted changes properties through tree planting. This is done by providing hazard trees and injected 104 high value in temperature and precipitation. free technical advice, as well as cost-effective tree and shrub ash trees to for protection; These programs help ensure planting services, ranging from the provision of appropriate - Addressed 234 non-ash hazard trees diversity in tree planting native vegetation to developing a planting plan and installing - Managed 115.5 ha of forest, including programs and the management the plant materials on site. TRCA staff also help eligible both TRCA properties and private land of pests in Caledon to protect property owners prepare and implement Forest Management programs management for biodiversity and and enhance natural systems. and Stewardship Plans for their forested properties to access for the Managed Forest Tax Incentive the Managed Forest Tax Incentive Program (MFTIP). Program (MFTIP)
Peel Rural Water Quality Program TRCA works closely with Between 2004 and 2018, 91 projects were. Water quality is identified to Credit Valley Conservation to develop and deliver the Peel Project outcomes include 7,827 meters of worsen resulting from drier Rural Water Quality Program, which provides technical livestock restriction fencing installed, summers and increases in assistance and funding incentives for agricultural landowners 14,009 m3 of manure safely stored within precipitation events leading to in the Region of Peel to voluntarily implement agricultural best manure storage facilities, and +/-34 agricultural and roadway runoff management practices on their land. TRCA staff undertake hectares of land protected or restored. In into river systems. Programs like outreach to eligible property to promote the program and 2018, the program also engaged this help to improve the adaptive provide technical assistance and support in applying for approximately 250 people through capacity of Caledon’s water funding for a variety of initiative including planting cover attending and hosting various agriculture- systems by addressing and
62 crops, livestock fencing from environmentally sensitive related events. improving water quality. features, natural area enhancement, nutrient management, private well upgrades, and tree planting. Erosion Control: TRCA actively monitors and manages - Management of 10 erosion control Erosion is expected to increase erosion control structures. For unprotected sites, TRCA structures within Caledon because due to a rise in annual monitors erosion activity and prioritizes sites for assessment - Completed remedial projects include: precipitation and high intensity and remedial intervention. TRCA also conducts field McFall Dam and Fishway Channel Bank short duration events. Erosion inspections based on inquiries from the public and Maintenance (2015), Humber Station control projects will become stakeholders regarding erosion control issues. Road interim stabilization (2016). increasingly important to - Future remedial projects include Bolton maintain and stabilize riverine Sanitary Infrastructure Protection Project banks, wetlands and agricultural (2020), Humber Valley Minor Maintenance fields, and protect infrastructure Works (2020) and four riverbank and within high risk areas. slope stabilization projects, funded through the Disaster Mitigation and Adaptation Fund from 2019-2028. Environmental Monitoring Since 2013, TRCA has been working Due to the forecasted increases TRCA monitors the health and condition of area watersheds, directly with the Town on the in precipitation that lead to including the Humber River and Etobicoke Creek watersheds implementation of monitoring activities flooding; embedding strong within the Town of Caledon, through a Regional Watershed related to the Mayfield West Phase 1 stormwater management Monitoring Program (RWMP). This includes 13 aquatic Comprehensive Adaptive Management strategies in how Caledon habitat and community sites, 36 terrestrial fixed plots, 3 water Plan (CAMP). Through this work, data on develops is becoming quality stations, 4 groundwater wells and 6 West Nile virus aquatic and terrestrial habitat and increasingly important. To indicator sites. Data from this monitoring supports watershed communities, water quality, hydrology and achieve this, programs that planning and development permit review. ground water have been collected to actively monitor water quality assess the development's effects on and quantity to manage the downstream watershed conditions. protection of natural systems Information collected at this site, along with and inform development other RWMP data, has been used to inform considerations will become future phases of this development increasingly important. West Bolton SNAP TRCA will be seeking Council approval of Resident engagement on the TRCA is working with the Town of Caledon and the Region of the West Bolton SNAP Action Plan in April importance of issues such as Peel to bring TRCA's successful neighbourhood-scale and is currently scoping out a multi-partner climate change mitigation and Sustainable Neighbourhood Action Program (SNAP) to the revitalization project at a Peel Living adaptation are important to West Bolton community. The West Bolton SNAP has worked building, as well as a refined Residential ensure awareness and lot level with residents, community groups, the Region and the Retrofit Program targeting homeowner action to address climate risk. Municipality to identify and address neighbourhood needs uptake in stormwater management, green and interests, as well as watershed and regional objectives, infrastructure and energy retrofits. including: lot-level stormwater management; home energy and water conservation; regeneration of local streams;
63 community cohesion; health and well-bring, improvement of urban forest, natural areas and parks; and active transportation, such as walking and cycling.
Partners in Project Green - Held a business forum in partnership with Engagement of businesses and Partners in Project Green (PPG) supports and facilitates the Caledon Economic Development enhancing capacity to environmental best practices and economic efficiencies for Office in early 2019 understand their role in climate member municipalities, businesses and organizations. PPG - Management of an Energy Leaders mitigation and adaptation is has led a variety of initiatives to support the Town of Caledon, Consortium, with Caledon as one of 9 central to the achievement of the Region of Peel and Caledon businesses. participating municipalities community climate action goals - As part of the Peel Climate Change and targets. Partnership, leading the development of a low emission vehicle strategy Ontario Climate Consortium - OCC led the development of a climate The ability to access innovative The Ontario Climate Consortium (OCC) is supporting the vulnerability assessment of Peel resources from third party Town with climate change mitigation and adaptation actions. Region’s agricultural sector, which agencies such as academic Drawing on the expertise of its collaborators and partners, as focused on the Town of Caledon. institutions to undertake climate well as its own in-house team, OCC develops projects that - OCC is facilitating the development of a action is necessary to achieve connect public and private sector end-users with researchers GIS-based renewable energy resource climate action goals and targets. capable of delivering results on time and on budget. OCC’s assessment in the Town of Caledon, an team also has the know-how to access sources of funding innovative participatory mapping when additional resources are needed to help push a project approach to engage key stakeholders across the finish line. from across the region to provide input on preferred locations for project development.
CVC Programs and Projects
Program Description Projects in Caledon Caledon Climate Change Connection Real-time Monitoring Within Caledon, CVC operates a total of Increases in precipitation quantity CVC uses real-time stream flow, water level and precipitation 12 Real-time monitoring stations: and intensity are likely to cause information to determine potential flood conditions and to - 1 Real-time Climate Station increased flooding and stormwater issue warnings for the Credit River Watershed. CVC works in - 3 Real-time Rainfall Stations management issues. The ability to partnership with the TRCA to maintain a flood monitoring - 5 Real-time Streamflow Stations monitor and predict these events gauge network that spans Peel, continually monitoring in- - 3 Real-time Water Quality will be crucial for adaptation stream water levels at dams and river stations. Stations planning and emergency management. Flood Line Mapping Updates CVC is updating the Flood Line Mapping Increases in precipitation quantity
64 Knowing the extent of the flood plain is an important tool for of two subwatersheds in the Caledon and intensity combined with land use planning and emergency management. This area, these include: development, increases flood risk. knowledge helps guide sensitive land use away from high- - Caledon Creek Subwatershed Flood Line mapping is an important risk areas, and, for areas where historical development has - East Credit River Subwatershed tool in climate change adaptation already occurred, helps to identify ways to mitigate flood risk, for the purposes of emergency all with the aim of better protecting people, property, and the management and development resilience of our urban areas. considerations.
Conservation Area and Land Acquisition Along with Terra Cotta, Belfountain, and Sensitive species such as the In the heart of Caledon, 5 minutes south of Alton, along the Ken Whillans Conservation Area, and Brook Trout have been specifically upper stretches of the Credit River, there is a 44-acre the Cheltenham Badlands, the opening identified as at risk due to climate property that if successfully acquired would allow access to of Charles Sauriol Conservation Area change. Programs to protect Charles Sauriol Conservation Area and would provide a would be the 5th property in Caledon sensitive species, such as the means to protecting a critical brook trout habitat. Credit within the Credit River Watershed that Brooke Trout will become Valley Conservation is actively working with partners to raise actively engages residents in outdoor increasingly important in ensuring funds to secure the acquisition of the property. experiences and educational biodiversity and natural system opportunities. resiliency. Environmental Monitoring The following monitoring activities have Understanding changes in natural CVC monitors climate, groundwater, forest, wetlands and been undertaken on various timescales: systems overtime will help inform stream systems throughout the watershed to provide a full - 3 Real-time Water Quality Stations adaptive management strategies picture of the ecosystem health. The results are used to - 12 Forest Stations that are used to and interventions necessary to establish thresholds, measure change, guide management monitor plants, birds, salamanders, soil ensure long-term health under practices and inform long range planning for the watershed conditions and tree health changing climate conditions. and municipal partners. - 4 Groundwater Stations used to monitor groundwater levels and chemistry - 29 Stream Stations used to monitor fish, and water temperature, chemistry and quantity, stream stability, and vegetation - 9 Wetland Stations used to monitor plants, frogs and vegetation health Rural Landowner Program Within the Credit River Watershed there Enhancing capacity within Hundreds of private landowners have partnered with CVC to are: landowners to protect, conserve carry out stewardship projects on their lands. CVC works - Hosted 15 educational events and enhance natural systems within collaboratively with landowners to determine the engaging 238 landowners their properties are crucial to help environmental improvement opportunities that exist on a - Implemented 29 educational manage the long-term health of property based on the landowner’s needs and interests. communications campaigns wetlands, streams and habitat, Examples of projects include: tree planting projects, pond - Implemented targeted outreach likely to face stress due to a and dam mitigation, wetland and stream improvements, campaigns to promote reforestation changing climate conditions.
65 wildlife habitat enhancements, well decommissions and and other actions that build upgrades, buffer and windbreak plantings and agri- resilience to climate change environmental projects. The projects are completed through - Enrolled 41 participants and 388 one of three CVC programs: acres in Bird Friendly Certified Hay 1. Countryside Stewardship Program: educate and program influence behaviours to promote private land - Maintained 4 active partnerships; stewardship and the implementation of priority attended 3 partnership meetings actions for improved watershed health. - Provided 75 technical consultations 2. Landowner Action Fund: provide technical support to rural non-farm landowners and cost-share funding to rural non-farm landowners - Contributed $36,972 to support for implementation of private land stewardship completion of 19 private land projects that improve water quality, enhance habitat stewardship projects and biodiversity and build resilience to climate - Provided 42 technical consultations change. to farmers 3. Peel Rural Water Quality Program: provide - Implemented 3 educational technical advise and cost-share funding to farmers communications campaigns for implementation of agri-environmental projects that - Contributed $12,287 to support improve water quality, enhance habitat and completion of 3 agri-environmental biodiversity, and build resilience to climate change. projects - Committed $34,445 toward 7 future agri-environmental projects - 7.2 hectares enhanced and restored - 29,595 trees and shrubs planted - 25 invasive species removal projects - 620 Emerald Ash Borer Trees removed Source Water Protection In the Credit Valley Source Protection Source Water protection has been In the Credit Valley Source Protection Area (CVSPA) we Area, implementation includes: an identified risk under climate partner with municipalities, neighbouring conservation - 44 of 77 existing significant drinking change scenarios due to water authorities, businesses and communities to analyze and water threats have been managed quality challenges resulting from a develop plans that manage risks from drinking water issues - 14 existing significant drinking water rise in temperature (resulting in in vulnerable areas of our watershed. The Credit Valley – threats have been prohibited algae growth). Programs to monitor Toronto & Region – Central Lake Ontario (CTC) Source - Municipalities have implemented land and address water quality issues Protection Plan is progressing well and is on target to full use planning and education & outreach are important for ensuring the long- implementation. policies to address significant drinking term health of vulnerable areas. water threats.
Risk and Return on Investment Tool: CVC is developing a In partnership with the Town of Caledon, Due to forecasted increases in
66 tool that identifies optimal flood management options to CVC was successful in a large grant precipitation quantity and intensity, enhance flood resiliency considering climate change. This from the National Disaster Mitigation flooding is expected to increase tool will support municipalities and conversation authorities in Program to run the risk tool within the under climate change scenarios. making evidence based, cost effective decisions to reduce settlement areas of Bolton and Alton. Participating in innovative flood risk. Both areas have recently been faced approaches to understand and plan with flooding and drainage challenges. for flood mitigation investments will significantly contribute to the Town’s ability to reduce risk. Risk Management Framework for Stormwater: CVC in In Partnership with the Town of Caledon Developing processes, for the partnership with the Standards Council of Canada and and Mantle 314, CVC worked on the management of stormwater to Mantle 314, to determine whether a stormwater quality development of a stormwater quality ensure considerations are management standard would help to address gaps, barriers management standard to address embedded throughout development and risks associated with stormwater. Based on the findings, process gaps and barriers to address process for water quality and three key challenges were revealed including lack of risks containing 20 key components. quantity will contribute to reducing guidance on how to incorporate stormwater management into legal risk of the municipality and design standards, inconsistent levels of service across supports management of municipal jurisdictions, and lack of funding to maintain, stormwater under climate change inspect stormwater systems. scenarios. Municipal Natural Asset Initiative: CVC is undertaking an CVC is currently inventorying all-natural The value and health of natural initiative to build evidence and guidance for effectively assets within the Region of Peel to assets in their contribution to identifying, measuring and managing the contribution of assess the level and value of services climate change adaptation will be natural assets to municipal service delivery and community provided, assess impacts to these increasingly important as these wellbeing to reduce vulnerability to climate change impacts. services arising from climate change and systems become stressed resulting produce a priority map to advise on from changing weather patterns. restoration efforts. The second phase of Developing a methodology for the this project will be to build a business protection and enhancement of case for restoring key natural assets in these assets in addition to two neighbourhoods, one of which will be understanding their contribution to in Caledon. climate change adaptation will support enhancing community resiliency.
67 68 69 Caledon Public Library Board Meeting Monday, March 18, 2019 6:00 p.m. Albion Bolton Branch
MINUTES
Present: David Betty; Paula Civiero; Brenda Clark; Councillor Christina Early; Jacqueline lafrate; Catherine Jackson; Sheralyn Roman; Councillor Tony Rosa
Guests: David Arbuckle – General Manager, Strategic Initiatives, Town of Caledon
Staff: Colleen Lipp – CEO | Chief Librarian; Lesley Slobodian, Administrative Assistant; Megan Renkema - Manager of Information Services; Mary Maw – Manager Communication and Community Development; Laurie Groe - Manager of Youth Services; Kelley Potter - Manager of Public Service; Mojgan Schmalenberg – Manager of Information Technology;
Absent: Janet Manning
1. Acting as Chair, the CEO/Chief Librarian called the meeting to order at 6:00PM
2. Indigenous Acknowledgment We acknowledge that the land on which we gather, which form the Town of Caledon, is part of the Treaty Lands and Territory of the Mississauga’s of the New Credit.
The Town of Caledon and the Region of Peel – the traditional territory of the A-nish-in-abek (Ojibway), Huron-Wendat, Haud-en-osa-nee (Iroquois), and home to the Métis, was most recently, the territory of the Mississauga’s of the New Credit First Nation.
We also acknowledge the cultural injustices of the past and express our collective hope full truth and reconciliation in the future
On this day our meeting place is home to many Indigenous peoples (First nations, Métis and Inuit) from across Turtle Island (North America).
We are grateful to have the opportunity to work on this land, and by doing so, we give our respect to its first inhabitants.
3. Apologies for non-attendance: Janet Manning
4. Approval of the Agenda Motion: That the Caledon Public Library Board approve the agenda with the addition of Regional Government Review Consultations as New Business. Moved: Brenda Clark Seconded: Jacqueline lafrate Carried.
70 Page 1 of 4 5. Disclosure of pecuniary interest: None
Catherine Jackson arrived at 6:22 PM
6. Presentations a. Library Board Orientation – Session 1 The CEO/Chief Librarian provided an overview of the structure of the Library Board and its meetings. Highlights of library services and the roles and responsibilities of each department were also shared.
7. Consent Agenda a. Minutes of the January 21, 2019 meeting b. CEO/Chief Librarian’s Report c. Strategic Actions Update d. Correspondence i. Barbara Franchetto, Southern Ontario Library Service re: Welcome to new term – February 19, 2019 ii. Colleen Lipp, Caledon Public Library re: Enhanced hours of operations at Caledon east Branch – March 5, 2019 iii. Marty Harrison, Friends of Caledon Public Library – March 13, 2019 Motion: That the Caledon Public Library Board receive all reports and correspondence within the consent agenda. Moved: Paula Civiero Seconded: Catherine Jackson Carried.
8. Business arising from the minutes: None
9. Staff Reports a. Treasurer’s Report and Financial Statements Motion: That the Caledon Public Library Board receive the Treasurer’s Report and related financials; and,
That the Caledon Public Library Board direct the CEO/Chief Librarian to draft correspondence to Town Council and the Town Treasurer confirming the Board’s call for the creation of dedicated reserves in support of library services and charitable revenues. Moved: Sheralyn Roman Seconded: Councillor Tony Rosa Carried.
b. Library Board Meeting Schedule 2019 Motion: That the Caledon Public Library Board receive and adopt the proposed schedule of Board meetings for the remainder of 2019. Moved: Councillor Christina Early Seconded: Paula Civiero Carried.
71 Page 2 of 4 c. Casual Employee Wage Recommendation Motion: That the Caledon Public Library Board approve the application of a 1.75% Cost of Living Allowance for all Casual employees retroactively to January 1, 2019. Moved: Brenda Clark Seconded: David Betty Carried.
d. CEO/Chief Librarian Assessment Process and Goals for 2018/19 Motion: That the Caledon Public Library Board receive the CEO Performance Assessment and Planning Form and previously approved CEO/Chief Librarian Goals for 2018-19. Moved: Councillor Tony Rosa Seconded: Paula Civiero Carried.
10. Board and Committee Reports: None
11. New Business: a. Election of Chair The CEO/Chief Librarian requested nominations for the positon of Board Chair for a term of two years.
The CEO/Chief Librarian also advised the Board that Past-Chair Janet Manning had indicated her willingness to be considered for the role of Chair for the current two-year term.
Receiving no further nominations for the role of Board Chair, the CEO/Chief Librarian declared the nominations closed.
Motion: That the Caledon Public Library Board approve the appointment of Janet Manning as Chair for a term of two years to end on December 31, 2020 or until such a time that a new Chair is in place. Moved: Paula Civiero Seconded: Councillor Christina Early Carried.
b. Regional Government Review Consultation In the absence of a report, a brief discussion was had regarding the call for public consultation regarding the provincial review of regional government. Motion: That the Caledon Public Library Board direct the CEO/Chief Librarian to draft related correspondence on behalf of the Board for their consideration at the April 15 meeting. Moved: Councillor Tony Rosa Seconded: David Betty Carried.
12. Board Work Plan a. 2019 Work Plan Review Motion: That the Caledon Public Library Board approve the 2019 Work Plan. Moved: Brenda Clark Seconded: David Betty Carried.
72 Page 3 of 4 13. Board Advocacy a. Upcoming Events and Opportunities i. Governance Best Practice Workshops 1. Saturday, April 6 (10am – 1pm) – Guelph Public Library, Main Branch, or 2. Saturday, May 4 (10am – 1pm) Richmond Hill Public Library, Central Branch ii. Mayfield Art Exhibit Opening, Thursday, March 28 (5:30 -7:30) - Albion Bolton Branch
14. Public Question Period: None
15. Time & location of next regular meeting: Monday, April 15, 2019, 6 PM – Albion Bolton Branch
Adjournment Motion: That the meeting adjourn. Moved: Paula Civiero Seconded: Brenda Clark Carried.
The meeting adjourned at 7:20 PM
______Janet Manning Colleen Lipp Chair CEO | Chief Librarian
73 Page 4 of 4 THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2019-23
A By-law to amend By-law 2005-112, as amended, being a By-law to provide for the regulation, maintenance and protection of parks in the Town of Caledon
WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to pass By-laws with respect to parks;
WHEREAS the Council of the Corporation of the Town of Caledon deems it necessary to amend By-law 2005-112, as amended, being a By-law to provide for the regulation, maintenance and protection of parks in the Town, to refine definitions and make minor technical adjustments to provide for improved regulation;
NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS AS FOLLOWS:
1. That Park By-law 2005-112, as amended, be further amended as follows:
1) that Section 1 be amended by deleting the definitions of “Director” and “park” and adding the following definitions alphabetically:
“Director” means the Manager, Parks for the Town of Caledon, or successor position, and a designate on behalf thereof;
“park” means any land owned by the Town or made available to the Town by lease, agreement or otherwise, and which land is under the management and/or oversight of the Director and includes but is not limited to centre medians, bodies of water, cemeteries, public walkways, public trailways and the Caledon Skate Park;
2) that Section 10 (6) be amended by deleting the word “parkland” and adding the words “portion of a park” immediately following the words “possession of any”.
Enactment
This By-law shall come into full force and effect on the day of its passing.
Enacted by the Town of Caledon Council this 30th day of April, 2019.
______Allan Thompson, Mayor
______Carey Herd, Clerk
74 THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2019-24
A by-law to enact a Purchasing By-law and repeal by-law 2013-107 and any amendments thereto
WHEREAS the Municipal Act, 2001, s.270 (1), requires Ontario municipalities to adopt a policy for the procurement of goods and services;
AND WHEREAS the Council of The Corporation of the Town of Caledon deems it expedient to set out its policies with respect to its procurement of goods and services;
NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS AS FOLLOWS:
Short Title
This by-law shall be known as the Purchasing Bylaw
Section 1: Purpose and Principles
1.1 Purpose The purpose of this By-law is to detail the principles, procedures, roles and responsibilities for the Town’s procurement operations.
1.2 Goals The goals of this By-law are to ensure that the Town conducts it procurement operations in a manner that: (a) encourages open, fair and transparent competitive procurement processes that afford equal access to all qualified suppliers;
(b) provides objective and equitable treatment of all suppliers;
(c) provides for reciprocal non-discrimination and geographic neutrality with respect to its trading partners in accordance with trade agreement obligations;
(d) achieves best value through consideration of the full range of procurement formats and the adoption of commercially reasonable business practices;
(e) effectively balances accountability and efficiency;
(f) encourages the acquisition of deliverables that conserve energy and help to preserve and protect the environment; and
(g) Is consistent and compliant with applicable legislation, including the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56; and
(h) adheres to the highest standards of ethical conduct and protects the integrity of the Town and the public.
Section 2: Interpretation and Application
2.1 Definitions In this By-law,
“bid” means a submission in response to a solicitation document, and includes proposals, quotations, or responses.
“bidder” means a supplier that submits a bid, and includes proponents and respondents.
“CAO” means the Chief Administrative Officer or designate, appointed by Council, to
75 oversee the administrative management of The Corporation of the Town of Caledon.
“CFO” means the Chief Financial Officer or designate, appointed by Council.
“Chief Librarian” means the official appointed as the Chief Executive Officer by the Town of Caledon Public Library Board or his or her appointed designate.
“competitive process” means the solicitation of bids from multiple suppliers.
“contract” means a commitment by the Town for the procurement of deliverables from a supplier, which may be evidenced by an agreement executed by the supplier and the Town, or a purchase order issued by the Town to the supplier.
“Contract Manager” means an employee assigned to the management of a contract.
“Council” means the elected Council. The Corporation of the Town of Caledon.
“deliverables” means any goods, services or construction, or combination thereof.
“Department” means the department of the Town that is requisitioning the purchase of the deliverables, The Caledon Public Library shall be considered a department for the purposes of this document.
“Director” means the Director or General Manager who is responsible for a specific Department and includes, where appropriate in the context, the Chief Librarian.
“Environmental Procurement” means the procurement of product, materials and/or goods from an organization that either operates in an environmentally manner or produces products/services/materials that have positive environmental outcomes.
“Invitational Procurement” means any procurement of deliverables with a value below the Open Competition Threshold, except where the procurement is made through an existing Standing Offer or Qualified Supplier Roster.
“Legal Services” means the Town’s legal advisors.
“Library Board” means the Caledon Public Library Board, as established by Council as per the Ontario Public Libraries Act.
“Manager of Purchasing” means the employee who is responsible for the Purchasing and Risk Management Division.
“Master Framework Agreement” means a master agreement entered into between the Town and the prequalified suppliers that have been included on a Qualified Supplier Roster.
“Non-Competitive Procurement” means the acquisition of deliverables above the Open Competition Threshold without conducting an Open Competition.
“Non-Standard Procurement” means the acquisition of deliverables through a process or method other than the process or method normally required for the type and value of the deliverables. Non-Standard Procurement processes include Non-Competitive Procurements.
“Open Competition” means the solicitation of bids through a publicly posted solicitation document.
“Open Competition Threshold” means $50,000.
“Open Framework Competition” means the competitive process used to establish a Qualified Supplier Roster and provide for an ongoing application process during the term of the Qualified Supplier Roster.
“procurement” means the acquisition of deliverables by purchase, rental or lease.
76 “Procurement Plan” means the plan developed by a Department at the outset of an Open Competition.
“Procurement Review Committee” (“PRC”) means the committee established by the Town under the Procurement By-law for the purposes of considering and making determinations on procurement-related matters, including determinations under the Procurement Protest Protocol and the Supplier Suspension Protocol.
“procurement value” means the total value of the deliverables being procured, and must include all costs to the Town, including, as applicable, acquisition, maintenance, replacement, disposal; and training, delivery, installation and extension options, less applicable rebates or discounts and exclusive of sales taxes.
“Purchasing” means the Purchasing Division that is responsible for purchasing deliverables for the Town.
“purchasing card” means a credit card provided by the Town to authorized officers and employees for use as a payment method to purchase directly from suppliers where permitted under applicable procedures and protocols and in accordance with any cardholder agreement.
“Qualified Supplier Roster” means a list of suppliers that have participated in and successfully met the requirements of a Request for Supplier Qualifications (RFSQ), and have therefore been pre-qualified to perform discrete work assignments involving the delivery of a particular type of deliverable. The suppliers that qualify for inclusion on the Qualified Supplier Roster will enter into a Master Framework Agreement and will be eligible to participate in Roster Competitions, as and when the goods or services are required.
“Roster Competition” means an expedited, second-stage competition between suppliers that have been included on a Qualified Supplier Roster for the selection of a supplier to perform a discrete work assignment during the term of the roster.
“solicitation document” means the document issued by the Town to solicit bids from bidders.
“Standing Offer” means a written offer from a pre-approved supplier to supply deliverables to the Town, upon request, through the use of an ordering process during a particular period of time, at a predetermined price or discount, generally within a pre- defined dollar limit. The Standing Offer does not create a contractual commitment from either party for a defined volume of business. The commitment to purchase against a Standing Offer is formed at the time a specific order is placed through the issuance of a purchase order to the supplier.
“supplier” means a person carrying on the business of providing deliverables.
“Town” means The Corporation of the Town of Caledon.
“Treasurer” means the person holding the management position of Treasurer.
“Vendor” means a legal entity with whom the Town or the Library Board has entered into a contract.
2.2 Application This By-law applies to the procurement of all deliverables by the Town and the Caledon Public Library Board. Procurement includes the acquisition of deliverables by purchase, rental or lease.
This By-law does not apply to:
(a) payment of the Town’s general expenses or the acquisition of goods and services set out in Schedule A;
77 (b) contracts or agreements relating to hiring of employees or employee compensation; or
(c) contracts or agreements for the sale, purchase, lease or license of land or existing buildings.
2.3 Adoption of By-law by Caledon Public Library Board The Library Board has approved this By-law in its entirety and will adopt this By-law as its own. All library employees and Library Board Trustees shall comply with the provisions of this By-law. This will allow the Caledon Public Library to maximize its effectiveness and to collaborate in achieving common goals. The Chief Librarian will report directly to the Library Board regarding all procurement matters. While it is acknowledged that the Library Board is an independent body and is responsible for directing the disbursement of library funds, it is advantageous for the Library Board to adopt this By-law and streamline business processes with the Town.
2.4 Procurement Protocols and Procedures Purchasing is responsible for developing and maintaining detailed protocols and procedures to support this By-law. These protocols and procedures are designed to ensure compliance with the Town’s trade agreement obligations and the laws of public procurement. All procurements covered by this By-law must be conducted in accordance with all applicable protocols and procedures.
2.5 Contract Splitting Subdividing, splitting or otherwise structuring procurement requirements or contracts in order to reduce the value of the procurement or in any way circumvent the requirements or intent of this By-law is not permitted.
2.6 Emergency Purchases Notwithstanding any other provisions of this By-law, where an emergency exists and prior approval of the Treasurer, Manager of Purchasing or CAO cannot be obtained, a Director, or their designate, may authorize any officer or employee to acquire required deliverables in an expedited manner. For the purposes of this By-law, an emergency exists when an unforeseeable situation or event occurs that is a threat to any of the following: (a) public health and/or safety;
(b) the maintenance of essential services;
(c) the welfare of persons or public property; or
(d) the security of the Town’s interests.
Situations of urgency resulting from the failure to properly plan for a procurement do not constitute an emergency. For emergency purchases with a procurement value of $50,000 or less, a written memorandum detailing the circumstances of the emergency purchase must be provided to the Manager of Purchasing within three (3) months of the purchase.
For emergency purchases with a procurement value of greater than $50,000, the CAO must provide a memorandum detailing the circumstances of the emergency purchase to Council as part of the next available bi-annual purchasing memorandum to Council.
2.7 Cooperative Purchasing The Town may participate in cooperative or joint purchasing initiatives with other government agencies where such initiatives are determined to be in the best interests of the Town. Cooperative purchasing must be facilitated by the Purchasing Division. If the Town participates in such cooperative or joint purchasing initiatives, the Town may adhere to the policies of the entity conducting the purchasing process, provided that such policies comply in spirit with this By-law. If the Town is leading a cooperative or joint purchasing initiative, this By-law will be followed.
78 Section 3: Ethical Conduct and Conflicts of Interest
3.1 Conduct and Conflicts of Interest The Town’s procurement activities must be conducted with integrity and all individuals involved in the Town’s procurement activities must act in a manner that is consistent with the goals of this By-law and in accordance with the codes of purchasing ethics established by the Ontario Public Buyers Association (OPBA), the Town’s Employee Code of Conduct, Town policies and procedures and the Municipal Conflict of Interest Act, RSO 1990, cM.50, as amended.
All participants in a procurement process, including any outside consultants or other service providers participating on behalf of the Town, must declare any perceived, possible or actual conflicts of interest as soon as it’s known.
“Conflict of Interest,” when applied to the activities of the Town and its employees, members of Council, consultants or service providers, means a real or seeming incompatibility between one’s private interests and one’s public or fiduciary duties. No person shall accept, directly or indirectly, from any potential supplier, anything of any value including rebates, gifts, meals, money or special privileges.
No preference will be given to providers or suppliers who provide charitable donations, in kind services, sponsorship, advertising, unsolicited products or samples to the Town or who demonstrate the operation of such products or samples.
Personal purchases are prohibited.
3.2 Vendor Conduct and Conflicts of Interest The Town requires its vendors and suppliers to act with integrity and conduct business in an ethical manner. All suppliers participating in a procurement process or providing deliverables to the Town must declare any perceived, possible or actual conflicts of interest and must conduct themselves in accordance with the Town’s Vendor Code of Conduct.
The term “Conflict of Interest,” when applied to suppliers, includes any situation or circumstance where:
(a) in the context of a procurement process, the supplier has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the Town that is not available to other suppliers; (ii) communicating with any person with a view to influencing preferred treatment in the procurement process (including but not limited to the lobbying of decision makers involved in the procurement process); or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of an open and competitive procurement process or render that process non-competitive or unfair; or
(b) in the context of performance under a potential contract, the supplier’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations.
Where a supplier is retained to advise, assist or participate in connection with the development of a solicitation document or the preparation of the requirements or specifications for inclusion in a solicitation document, that supplier will not be allowed to respond or assist any other entity in responding to that solicitation document.
The Town may refuse to do business with any supplier that has engaged in illegal or unethical bidding practices, has an actual or potential conflict of interest or an unfair advantage or fails to adhere to ethical business practices.
79 Section 4: Roles and Responsibilities
4.1 Role and Responsibilities of Council It is the role of Council to establish policy and approve expenditures through the Town’s budget approval process. Through this By-law, Council delegates to the Town’s officers and employees the authority to incur expenditures in accordance with approved budgets through the procurement of deliverables in accordance with the rules and processes set out in this By-law and applicable protocols and procedures. Council may provide strategic direction and guidance on major projects prior to the commencement of the procurement process; however, Council will not generally be involved in the day-to-day procurement operations or individual procurement processes, except to the extent that the approval of Council is required under this By-law or in the event that an exception to this By-law is required.
4.2 Roles and Responsibilities of Officers and Employees Specific responsibilities pertaining to all stages of a procurement process, from the initial identification of requirements through to the management of contracts with vendors, are detailed in this By-law and applicable protocols and procedures. In addition to those specific responsibilities, the general roles and responsibilities delegated to the Town’s officers and employees are set out below.
4.2.1 CFO, CAO and Treasurer
Notwithstanding any other provisions of this By-law, the CFO, CAO and Treasurer have the authority to require that certain procurements receive Council approval and may provide additional restrictions concerning procurements where they consider such action to be necessary and in the best interests of the Town.
4.2.2 The Manager of Purchasing
It is the role of Purchasing to lead the Town’s procurement operations. In fulfilling this role, the Manager of Purchasing, or designate, is responsible for:
(a) ensuring the consistent application of this By-law and the provision of procurement services in an efficient and diligent manner;
(b) developing procurement strategies and continually analyzing business requirements and spending patterns to identify opportunities for more strategic sourcing;
(c) researching, developing, maintaining, updating and communicating procurement protocols, procedures and templates;
(d) addressing any issues or concerns that arise in respect of a procurement process and seeking guidance, support and advice of Legal Services, as required; and
(e) providing appropriate orientation, training and tools to employees involved in procurement activities.
4.2.3 Directors and Chief Librarian
It is the role of the Departments to ensure that their requirements for deliverables are met in accordance with the principles and objectives of this By-law. In fulfilling this role, Directors are responsible for:
(a) providing the delegation of authority to designated employees under this by-law and for providing such authority in writing;
(b) budgeting and planning for procurements;
(c) ensuring that their Department complies with this By-law and all applicable protocols and procedures, encouraging sound procurement practices; and
(d) ensuring the provision of appropriate education and training to employees involved in procurement activities.
80 Directors will be held accountable for any decision to proceed with a procurement process or transaction that is not conducted in accordance with this By-law or does not have the approval of Purchasing.
4.2.4 Contract Managers
Contract Managers are responsible for: (a) preparing specifications, quantity requirements and scope of work for procurements;
(b) encouraging full, open and fair competition;
(c) ensuring that deliverables conform with contract terms, conditions and specifications throughout the term of a contract; and
(d) managing the contract up to completion of the performance of all contractual obligations of the Vendor and the Town, including payment and obtaining necessary approvals for such actions as early termination or contract amendments.
4.2.5 Department Employees
Employees of all Departments are responsible for complying with this By-law. Department employees involved in procurement activities must clearly understand their obligations and responsibilities under this By-law and all applicable protocols and procedures and should consult with Purchasing in respect of any questions regarding the application or interpretation of this By-law or any relevant procedures.
4.2.6 Purchasing Employees
Employees of Purchasing are responsible for complying with this By-law and ensuring this By-law and all protocols and procedures are applied consistently. Purchasing employees must clearly understand their obligations and responsibilities under this By- law and all applicable protocols and procedures and should consult with the Manager of Purchasing in respect of any questions regarding their application or interpretation.
4.3 Procurement Review Committee The Town will establish a Procurement Review Committee for the purpose of making determinations under the Procurement Protest Protocol and the Supplier Suspension Protocol, and for considering and providing input on other procurement matters that may be referred to it by the Manager of Purchasing. The Procurement Review Committee should generally consist of the Manager of Purchasing and at least two other senior- level officers or employees of the Town.
Section 5: Procurement Approval and Contracting Authorities
5.1 Procurement Methods and Authority Schedule The Schedule of Procurement Methods and Authority, attached as Schedule B to this By-law, sets out the delegated authorities for: (a) administering a procurement process;
(b) approving the award of a contract;
(c) entering into a contract through the execution of a legal agreement and/or the issuance of a purchase order; and
(d) approving amendments to existing contracts.
5.2 Conditions of Delegated Authority Delegated approval and contracting authorities are subject to all of the following conditions:
(a) No procurement may be initiated unless approved funding in an amount sufficient to cover the procurement value is available, or the procurement is made conditional upon funding approval by Council.
81 (b) No contract award may be approved unless approved funding in an amount sufficient to cover the procurement value is available, or the contract award is made conditional upon funding approval by Council.
(c) No contract award may be approved unless the procurement process was conducted in accordance with this By-law and all applicable protocols and procedures and, where a competitive process was conducted, the award is made to the top-ranked bidder established in accordance with the evaluation and selection process set out in the solicitation document.
(d) No contract may be entered into, either through the issuance of a purchase order or the execution of an agreement, unless the contract award has been approved in accordance with this By-law.
(e) No contract may be entered into, either through the issuance of a purchase order or the execution of an agreement, unless approved funding for the acquisition:
(i) has been authorized by Council in the acquiring Department’s or Caledon Library Board’s operating or capital budget; or
(ii) special funding for the acquisition has been approved by Council
(f) No agreement may be executed unless the agreement and any ancillary documents have been prepared in a form satisfactory to Legal Services.
5.3 Council Authority If any of the applicable conditions of delegated authority are not met, Council approval must be obtained before proceeding with any procurement or contracting activity. Council approval is required where indicated in the Schedule of Procurement Methods and Authority, attached as Schedule B. Despite any other provision of this by-law, Council approval will be required prior to the award of a contract where:
(a) this By-law, or any applicable procedure or protocols, is being waived; or
(b) there is an irregularity or unresolved challenge in connection with the procurement process and, in the opinion of the CAO or CFO, the award of the contract is likely to expose the Town to legal, financial or reputational risk.
5.4 Caledon Public Library Board Authority The Chief Librarian is authorized to order library collection materials for the Library Board. Material may consist of music, games, books, periodical, newspaper, videos and research or learning supports in borrowable, searchable, downloadable, online and/or streaming formats deemed suitable as part of the library collection. The Chief Librarian shall:
(a) make purchases within approved budgets and
(b) seek approval from the Library Board for purchases over $50,000.00 (Fifty Thousand Dollars) prior to initiating any procurement as confirmed in the Schedule of Procurement Methods and Authority, attached as Schedule B
(c) prepare and present to the Caledon Library Board a report summarizing all purchases between $10,000 and $50,000 twice annually
(d) The Library Board may participate in cooperative or joint purchasing initiatives with other libraries or government agencies where such initiatives are determined to be in the best interests of the Library. Cooperative purchasing must be facilitated by the Purchasing Division. If the Library Board participates in such cooperative or joint purchasing initiatives, the Library Board may adhere to the policies of the entity conducting the purchasing process, provided that such policies comply in spirit with this By-law. If the Library Board is leading a cooperative or joint purchasing initiative, this By-law will be followed.
82 Section 6: Procurement of Deliverables
6.1 Procurement Planning Prior to initiating any procurement process, the Department must
(a) ensure that the deliverables are legitimately required for Town purposes;
(b) consider short and long-term requirements with respect to quantities and time lines, or total project cost considering the life span of the program;
(c) consider the cost of ongoing maintenance, support, and licensing requirements;
(d) Consider environmental criteria in the purchasing of goods and services in accordance with the environmental procurement protocol and guideline and consult with the Manager, Energy and Environment.
(e) consult with staff responsible for accessibility to ensure purchases meet accessibility legislation;
(f) where deliverables of the same kind or type are required in connection with one project, ensure that all of those deliverables are included in determining the estimated value of the procurement, for all contemplated phases of the project;
(g) confirm availability of funding; and
(h) allow sufficient time to complete the procurement process, including time for:
(i) developing proper specifications and business requirements;
(ii) obtaining internal reviews;
(iii) conducting a competitive process, as required; and
(iv) obtaining necessary approvals.
6.2 Market Research Where the Department is uncertain about the deliverables required or where there is insufficient internal knowledge about the market, the Department must consult with Purchasing about conducting a Request for Information (RFI) process. An RFI process must be openly posted in order to gather market research from prospective bidders. It must not be used as a prequalification tool.
6.3 Supply Arrangements for Recurring Requirements Before initiating a procurement, Departments must consider the availability of existing supply arrangements. If the deliverables will be required on a frequent or regularly recurring basis, and there is no existing supply arrangement, the Department must consult with Purchasing about the possibility of establishing a Standing Offer or Qualified Supplier Roster. Standing Offers may be established by Purchasing for standardized deliverables to be purchased by all Departments, where the requirements for deliverables are recurring and predictable over an extended period of time, the requirements are standard and clearly defined at the time of establishment of the Standing Offer, and it is possible to set pricing for the deliverables for the duration of the Standing Offer.
Qualified Supplier Rosters may be established by Purchasing to pre-qualify suppliers that will be invited to compete for discrete work assignments, as and when required, involving the delivery of a particular type of deliverables.
6.4 Standardization Standardization identifies a specific requirement, manufacturer or brand that best fits the Town’s needs. No standard shall be established without a competitive process and Council approval. All employees will adhere to standardization decisions.
83 6.5 Procurement Value It is important to accurately estimate the value of the procurement to ensure compliance with the appropriate requirements of this By-law. Departments must refer to applicable protocols and procedures for additional guidance on determining the procurement value.
6.6 Procurement Method Different types of procurement processes may be used depending on the nature, value and circumstances of the procurement. Applicable protocols and procedures must be followed to identify the appropriate procurement method.
6.7 Initiating Procurement Unless specifically permitted under this By-law or the procurement protocols or procedures, Departments are not permitted to procure deliverables or engage with potential suppliers regarding the procurement of deliverables without the involvement of Purchasing.
A procurement must be initiated in accordance with applicable protocols and procedures and the process must be administered in accordance with the Schedule of Procurement Methods and Authority in Schedule B.
6.8 Applicable Protocols and Procedures The procurement process must be conducted in accordance with this By-law and the applicable protocols and procedures maintained by Purchasing. The specific roles and responsibilities of those involved in the various stages of a procurement process are described in the protocols and procedures.
6.9 Standard Procurement Methods Depending on the nature, value and circumstances of the procurement, the Town may procure deliverables through the following standard procurement methods.
(a) Ordering from Standing Offer When a Standing Offer is available, its use is mandatory for all Departments. Purchases be made in accordance with the terms of the Standing Offer and any applicable procedures and will reflect the pre-negotiated prices and terms and conditions of the Standing Offer.
(b) Roster Competition If the deliverables are available under an existing Qualified Supplier Roster, the goods and services must be acquired through a Roster Competition in accordance with the terms of the Master Framework Agreement and applicable protocols and procedures.
(c) Invitational Procurement Where the procurement value is below the Open Competition Threshold and the deliverables are not covered under an existing Standing Offer or Qualified Supplier Roster, the authority to conduct an Invitational Procurement is delegated to a Director. The Director may authorize specific individuals within the Department to conduct Invitational Procurements and may assign specific spending authority limits. The Director is responsible and accountable for ensuring that Invitational Procurements are conducted in accordance with applicable protocols and procedures.
If a Department anticipates making multiple purchases of the same deliverables and the total value of those procurements may exceed the Open Competition Threshold, the Department must contact Purchasing to discuss the possibility of setting up a Standing Offer or Qualified Supplier Roster.
(e) Open Competition An Open Competition, in which bids are solicited from all interested suppliers through a publicly posted solicitation document, is the standard method of procurement when the procurement value equals or exceeds the Open Competition Threshold. Open Competitions may also be used to establish Standing Offers.
84 Open Competitions may include two-stage procurement processes in which a prequalification process is conducted by soliciting and evaluating submissions from all interested suppliers in order to establish a short-list of prequalified suppliers that will be eligible to submit a bid in response to a second-stage solicitation document. A two-stage procurement process may be used whenever determined appropriate by the Manager of Purchasing, in consultation with the Department.
Open Competitions must be conducted by Purchasing in accordance with applicable protocols and procedures.
(f) Open Framework Competition In the case of goods or services that are required on a regular or repetitive basis by one or more Department(s), an Open Framework Competition should be used to establish a Qualified Supplier Roster in accordance with the applicable protocols and procedures.
6.10 Non-Competitive Procurement Non-Competitive Procurement means the acquisition of deliverables with a value exceeding the Open Competition Threshold without conducting an Open Competition. Non-Competitive Procurement is only permitted under the specific circumstances set out in the Non-Competitive Procurement Protocol and must be approved in accordance with the Non-Competitive Procurement Protocol.
Under no circumstances will a Non-Competitive Procurement be used for the purpose of avoiding competition among suppliers or in a manner that discriminates against or advantages suppliers based on geographic location.
6.11 In-house Bids
In-house Bids may be permitted in accordance with Article 25.04 of the Collective Agreement between the Town and the Canadian Union of Public Employees and its Local 966.
If any procurement process will involve the consideration of in-house bids, all potential bidders shall be made aware of this fact in the solicitation document.
6.12 Unsolicited Offers
Unsolicited offers shall not be considered.
If it is determined that there is a legitimate need for the deliverables offered by way of an unsolicited offer, then a procurement process shall be conducted in accordance with this By-law.
6.13 Contract Finalization Contracts must be finalized, approved and entered into in accordance with this By-law and the applicable protocol(s) governing the procurement process. A contract must not be entered into unless all applicable protocols have been followed and all required procurement approvals have been obtained. The contract must be in place prior to the delivery or provision of the deliverables.
6.14 Purchasing Card (P-Card)
The purchasing card (P-Card) program is meant to complement existing processes and streamline low value purchases. P-cards must be used in accordance with the Purchasing Card (P-Card) Protocol and must not to be used for personal use or to avoid or bypass this By-law or payment procedures including the Town's expense reimbursement procedure.
The Manager of Purchasing will have final approval over the issuance of all Purchasing Cards.
Directors will be accountable and responsible for all cardholders and their transactions within their department.
85 Cardholders will be held liable for any misuse or wilful disregard of policies or operating procedures which result in a loss of money, fraud or collusion.
Section 7: Supplier Relations and Contract Management
7.1 Procurement Protests Suppliers may formally protest the outcome of a procurement process. Procurement protests must be managed and responded to in accordance with the Procurement Protest Protocol.
7.2 Contract Management All contracts for deliverables must be managed by the Department in accordance with applicable protocols and procedures. Master Framework Agreements will be managed by Purchasing.
7.3 Unexpected Contingencies and Contract Amendments Contract amendments must not be used to expand a contract beyond what was contemplated under the terms of the contract and the original procurement process, or to circumvent the need to procure additional deliverables through a competitive process in accordance with this By-law If, as a result of unexpected contingencies, a contract amendment results in a net increase to the contract value previously approved, the amendment must be approved in accordance with the Schedule of Procurement Methods and Authority in Schedule B.
7.4 Contract Renewal Where a contract contains an option for renewal, the Manager of Purchasing, in consultation with the Director will determine whether such option should be exercised provided that:
(a) the Vendor’s performance has been satisfactory in accordance with the Vendor Performance Evaluation Protocol;
(b) the Director agrees that the exercise of the option is in the best interests of the Town; and
(c) funds are approved and available in an appropriate account.
7.5 Contract Termination A contract may only be terminated prior to its expiry date with the approval of the Department Director in consultation with the Manager of Purchasing and Legal Services.
7.6 Vendor Performance The performance of a Vendor under contract must be monitored and tracked in accordance with the Vendor Performance Evaluation Protocol.
7.7 Vendor Suspension Vendors can be suspended from participating in future procurement processes in accordance with the Vendor Suspension Protocol.
Section 8: Procurement Recordkeeping
8.1 Supplier Information The Town must ensure that supplier information submitted in confidence in connection with a procurement process or contract is adequately protected. Purchasing and the Departments must ensure that all bids and contracts are kept in a secure location and only accessible by those individuals directly involved with the procurement or management of the contract.
The disclosure of supplier information shall be made only by the appropriate officers in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act, as amended.
86 8.2 Procurement Records The maintenance, release and management of all procurement records must be in accordance with the Town’s policies and procedures on document management, records retention and access to information.
Department is responsible for ensuring that all documentation relating to a procurement up to $49,999.99 in value is properly filed and maintained in a procurement project file.
Purchasing is responsible for ensuring that all documentation relating to a procurement valued at $50,000 and greater is properly filed and maintained in a procurement project file.
Documentation and reports regarding procurement processes and contract awards (including Non-Standard Procurements) and data necessary to trace the process conducted must be maintained for a minimum period of at least three (3) years from the contract award date or such longer period as may be required under the Town’s records retention policies and procedures.
Section 9: Disposal of Surplus Goods and Equipment
9.1 Disposal of Surplus Goods and Equipment Except where otherwise required by Council for specific goods or equipment, surplus goods and equipment shall be disposed of by the Manager of Purchasing in accordance with the following:
(a) Any Director may declare material, equipment, furnishings and vehicles owned by the Town to be surplus and shall then advise the Manager of Purchasing of any such items.
(b) Items declared surplus and having a cash value may be disposed of by the Manager of Purchasing by the most advantageous means, which may include:
(i) redistribution throughout the Town;
(ii) redistribution to other public bodies or government organizations;
(iii) redistribution to a recognized charitable organization in Caledon registered as such with Canada Revenue Agency (Charities Directorate);
(iv) public auction;
(v) the issuance of a request for offers to purchase; or
(vi) trade in at fair market value as part of the procurement of other similar items or items required by the Town.
(c) Refuse items shall be disposed of.
Funds received from the disposal of surplus items shall be credited to the appropriate accounts, as determined by the Finance Division of the Finance and Infrastructure Services Department.
No elected official, Library Board member or employee of the Town or Library Board, or any relative of that elected official, Library Board member or employee, shall be permitted to purchase any surplus goods except by submitting a successful bid at public auction or by sealed offer.
Section 10: Compliance Monitoring and Reporting
10.1 Compliance Monitoring Non-compliance with this By-law may expose the Town to the risk of: (a) supplier complaints;
87 (b) reputational damage;
(c) damage to political relations;
(d) bid disputes; and
(e) legal challenges.
Directors are required to observe and address non-compliance with this By-law within their Departments. Where instances of non-compliance are identified, the Director is expected to notify the Manager of Purchasing and obtain advice with respect to mitigating potential risks to the Town arising from the non-compliance.
The Manager of Purchasing is responsible for monitoring compliance across the organization. Based on the results of compliance monitoring, reports outlining instances of non-compliance may be issued by the Manager of Purchasing to the relevant Director.
The Director must address the identified compliance concerns and submit a written confirmation of actions taken to the Manager of Purchasing. Ongoing concerns with respect to compliance will be subject to internal audit.
10.2 Audit All procurement activities will be subject to audit by the Treasurer.
10.3 Reporting The Manager of Purchasing will prepare and submit to Council a semi-annual memorandum summarizing the Town’s procurement activities, including contracts awarded in amounts over $50,000.00.
10.4 Periodic Review A detailed evaluation of this By-law shall be held every four years, or on a more frequent basis as the Manager of Purchasing sees fit or as per Council's direction.
Repealment
By-law 2013-107 being a bylaw to enact a Purchasing Bylaw and all amendments thereto are hereby repealed.
Enactment
This By-law shall come into full force and effect on the day of its passing.
Enacted by the Town of Caledon Council this 30 day of April, 2019.
______Allan Thompson, Mayor
______Carey Herd, Clerk
88 Schedule A to Bylaw 2019-24
Exemptions from By-law This By-law does not apply to the payment of the Town’s general expenses or the acquisition of the following goods and services:
1. Training and Education 5. Library (a) conferences (a) Items required for library collections (b) courses including but not limited to music, (c) seminars games, books, periodicals, newspapers, (d) conventions videos and research or learning (e) memberships supports in borrowable, searchable, (f) periodicals downloadable, online and/or streaming (g) magazines formats. (h) subscriptions (b) Purchases, fundraising and disposal (i) staff training made through The Friends of the (j) staff development Caledon Public Library organization (k) staff workshops (l) books 6. Other General Expenses (a) debenture payments 2. Refundable Employee Expenses (b) banking and bank charges (a) advances (c) tax remittances (b) meal allowances (d) permits, development charges (c) payroll, benefit premiums, remittances (e) refunds, donations, gifts or grants and payroll deductions (f) licences (hardware, software, software (d) reimbursable expenses incurred by maintenance, vehicles, elevators, employees or elected officials in radios) accordance with Town policies and (g) charges to or from other public entities procedures (h) police services (i) real estate and realty appraisers 3. Utilities (j) Office space, hall rentals and leases (a) postage and courier services (k) freight charges and brokerage fees (b) water and sewage charges (l) original works of art (c) telephone service (d) cable television service (e) hydro (f) gas
4. Professional and Special Services (a) committee fees (b) counseling services (c) legal services, including all fees and disbursements (d) other professional services related to pending/on-going litigation or legal matters (e) witness services (f) arbitrators and mediators (g) commissions (h) Insurance Services (i) claims, including all fees and disbursements (j) transcript fees (k) forensic auditors (l) annual audit fees (m) honouraria (n) providers of entertainment, artistic and recreational services (o) facilitators, instructors and speakers
89 Schedule B to Bylaw 2019-24
Procurement Methods and Authority
Procurement Value/Type Who has authority to Who has authority to Who is responsible for (Amounts stated administer the approve the contract maintaining the exclude HST) process? award and sign the agreement and contract? supporting documentation?
Standard Procurements Authorized Staff* Department Manager or Department $0.01 - $10,000 Director**
Standard Procurements Authorized Staff* Department Manager or Department $10,000.01 - $49,999.99 Director**
Standard Procurements Purchasing Department Department Director and Purchasing $50,000 and greater Manager of Purchasing
Non-Standard Purchasing Department Department Director and Department Procurements up to Manager of Purchasing $50,000 Non-Standard Purchasing Department Council Approval Required Purchasing Procurements $50,000 and Mayor and Town Clerk to greater sign
Non-Standard Purchasing Department Library Board and Council Purchasing Procurements $50,000 and Approval Required greater – by Caledon Chief Librarian and Board Public Library Chair to sign
Vendor of Record Purchasing Department Department Director and Purchasing (any value) Manager of Purchasing
Co-operative Procurement Purchasing Department Department Director and Purchasing (any value) Manager of Purchasing
Emergency Purchase Department Manager in Department Director, Purchasing Up to $50,000 consultation with the Treasurer and Manager of Department Director Purchasing
Emergency Purchase Department Director in CAO, Treasurer and Purchasing $50,000 and greater consultation with the Manager of Purchasing CAO
Emergency Purchase Chief Librarian in Chief Librarian, CAO, Purchasing $50,000 and greater – by consultation with the Treasurer and Manager of Caledon Public Library Board Chair Purchasing
Open Competition to Purchasing Department Manager of Purchasing and Purchasing establish Standing Offer Treasurer
Open Framework Purchasing Department Manager of Purchasing and Purchasing Competition to establish Treasurer Qualified Supplier Roster
90 CONTRACT AMENDMENT Amendment of existing contract for deliverables resulting in increase to the value of the contract
Total Cumulative Increase to Original Contract Value*** Approve Contract Amendment
The lesser of 15% of the original contract value or Department Director, Manager of Purchasing and $100,000 within Council approved budget Treasurer
In excess of 15% of the original contract value or $100,000 Council or any amount over the Council approved budget
*Employee must have Manager or Director approval prior to initiating the procurement process and has also read and understood the Town’s procurement protocols and Purchasing Bylaw. **Employee awarding and signing the contract must be different than the employee that administered the process. ***Amount of increase is the cumulative total of value of all increases to the original contract value; if previous amendments were approved, the value of those amendments must be included in the total amount of increase. If a recommended award amount is higher than the Council approved budget, Council approval is required prior to award for all awards.
91 SCHEDULE C TO BY-LAW 2019-24 HEDGING POLICY
1. This hedging policy is to be interpreted and applied in accordance with the requirements of the Municipal Act, 2001 ("the Act") and any regulations passed thereunder ("the regulations"). Terms used in the by-law have the meanings applicable to those terms in the corresponding sections of the Act and the Regulations.
2. The purpose of this policy is to adopt a statement of the Town's commodity price hedging policies and goals. Section 6(1) of O.Reg. 653/05 requires the adoption of such a statement before the Town may enter into commodity price hedging agreements.
Statement of Commodity Price Hedging Policies and Goals
1. The Town will consider commodity price hedging agreements as a means of fixing, directly or indirectly, or enabling the Town to fix, the price or range of prices to be paid by the Town for the future delivery of some or all of the commodity or the future cost to the Town of an equivalent quantity of the commodity, where it is advantageous for the Town to do so.
2. In determining whether a particular commodity price hedging agreement is advantageous for the Town, the following considerations will be taken into account:
(1) Any and all projects of the Town are projects for which commodity price hedging agreements will be appropriate;
(2) If, at the time, it is the opinion that fixed costs and estimated costs of the Town will be reduced by virtue of the use of such an agreement;
(3) If, at the time, it is the opinion that the future price or cost to the Town of the applicable commodity will be lower or more stable than it would be without the agreement;
(4) If, at the time, the project includes a detailed estimate of the expected result of using such an agreement;
(5) If, at the time, it is the opinion of the Treasurer that the financial and other risks to the Town that would exist with the use of such an agreement will be lower than the financial and other risks to the Town that would exist without such an agreement; and
(6) If, at the time, it is the opinion that the agreement contains adequate risk control measures relating to such an agreement, such as, limited credit exposure based on credit rating and/or on the degree of regulatory oversight and/or on the regulatory capital of the other party to the agreement, a standard agreement, and ongoing monitoring with respect to the agreement.
92 SCHEDULE D TO BY-LAW 2019-24 LEASING POLICY
1. This policy is to be interpreted and applied in accordance with the requirements of the Municipal Act, 2001 ("the Act") and any regulations passed thereunder ("the regulations"). Terms used in this by-law have the meanings applicable to those terms in the corresponding sections of the Act and the Regulations.
2. The purpose of this policy is to adopt a statement of the Town's lease financing polices and goals. Section 9(1) of O. Reg. 604/06, as amended, requires the adoption of such a statement before a municipality may enter into a financing lease.
Statement of Lease Financing Policies and Goals
1. The Town will consider financing leases as a means of obtaining municipal capital facilities where it is advantageous to the Town to do so, recognizing that the normal process for acquiring municipal capital facilities is not to engage in lease transactions but instead to purchase municipal capital facilities when funds are available.
2. In determining whether a particular financing lease transaction is advantageous to the municipality, the following considerations will be taken into account:
(a) The financial risks and benefits of the lease transaction; (b) The non-financial risks and benefits of the lease transaction, such as the ability to proceed with a public works project at an earlier date than would otherwise be possible; and, (c) The legal elements of the transaction, including the legality of the terms and provisions of any proposed agreement or agreements, and any other legal considerations affecting the lease transaction. (d) It is the intention of the Town to take full advantage of any special provisions, exemptions, or exceptions which may be contained in the Regulations regarding non- material financing leases.
Non-Material Financing Leases
1. It is recognized that certain categories of financing leases will not involve costs or risks that will significantly affect, or would reasonably be expected to have a material effect on the Town’s future debt obligations and commitments and the annual debt repayment limit prescribed for the Town. The Treasurer shall from time to time, in consideration with O. Reg. 604/06, propose to Council certain varieties of financing leases to be so classified and, where Council shares the opinion of the Treasurer that such leases do not involve such a material risk, it shall pass a Resolution to that effect.
93 THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2019-25
A by-law to amend By-law 2007-128 being a by-law to appoint employees of the Town of Caledon to statutory positions
WHEREAS the Council of the Corporation of the Town of Caledon deems it expedient to amend By-law 2007-128 being a by-law to appoint employees of the Town of Caledon to statutory positions, to update Schedules A, B and C;
AND WHEREAS by Resolution 2013-460 adopted on the 13th day of August, 2013, the Council of the Corporation of the Town of Caledon deems it expedient to pass such a by-law;
NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS AS FOLLOWS:
1. That By-law 2007-128 be amended by deleting and replacing Schedules A, B and C as attached to and forming part of this by-law;
2. That the appointment of Gagandeep Plaha is deemed to be effective as of April 15, 2019; and
3. That the revocation of the appointment of Brian Zimmerman is deemed to be effective as of April 26, 2019.
Enactment
This By-law shall come into full force and effect on the day of its passing.
Enacted by the Town of Caledon Council this 23rd day of April, 2019.
______Allan Thompson, Mayor
______Carey Herd, Clerk
94 Schedule “A” Statutory Appointments Amended by By-law 2019-XX effective April 30, 2019
Section Name of Statutory or By-law Authority Position No. Appointee/Employee 1. Emergency Management and Emergency BAILEY, Darryl Civil Protection Act, R.S.O. Management 1990, c. E. 9, subsection 2.1 (1) Program Co-ordinator 2. Highway Traffic Act, R.S.O. Traffic Control CHAN, Eric 1990, c. H 8, subsection 144 Signal System (31) Approver 3. Protection of Livestock, Poultry Livestock and DERMOTT, Brenda from Dogs Act, R.S.O. 1990, c. Poultry Valuer GARDINER, Kaleb L.24, subsection 4(1) GUNNESS, Rebecca KING, Wendy KNIGHT, Noreen LATTANVILLE, Cameron MALTBY, Michael PLAHA, Gagandeep SIWON, Emilia WALTON, Daniel 4. Municipal Act, 2001, subsection Clerk HERD, Carey 228(1) 5. Municipal Act, 2001, subsection Deputy Clerk FUSCO, Amanda 228(2) 6. Municipal Act, 2001, section 229 Chief Administrative GALLOWAY, Mike Officer 7. Municipal Act, 2001, subsection Treasurer HAIRE, Heather 286 (1) 8 Municipal Act, 2001, subsection Deputy Treasurer BRYERS, Hillary 286 (2) GANDHI, Paul
9. Municipal Act, 2001 Auditor Millard, Rouse & Rosebrugh, subsection 296(1) LLP 10. Order in Council 2688/93 as Lottery Licensing BEATON, Lynn amended by OIC 2038/97 and Officer FUSCO, Amanda OIC 267/98 ROBERTS, Katie-ray THOMPSON, Diana 11. Municipal Act, 2001 Business Licensing BEATON, Lynn Officers and Officials HALL, Laura GUNNESS, Rebecca KNIGHT, Noreen LATTANVILLE, Cameron LAVECCHIA, Jordyn MALTBY, Michael PLAHA, Gagandeep SHEPPARD, Alexandra SIWON, Emilia TRAFFORD, Patrick WATSON, Dain WALTON, Daniel ZIMMERMAN, Brian 12. Ministry of Transportation Recognized WALLACE, Mark Authority Official – Recognized Official -Driver Certification Programme
95 Nominate Signing PEREIRA, Eddie Authority
96 Schedule “B” Municipal By-law Enforcement Officers and Peace Officers
Amended by By-law 2019-XX effective April 30, 2019
Section Name of Statutory Authority Position No. Appointee/Employee 1. Municipal Act, 2001 Municipal By-law APPIAH-BEDIAKO, Derek Enforcement APPUHAMY, Sam Officers and Peace BAILEY, Darryl Officers BARKEY, Spencer BLAKELY, Glenn BOYD, Gillian CHUMO, Jhonathan CROW, Scott DE PASQUA, Gaetano DERMOTT, Brenda DIBERARDINO, Megan GARDINER, Kaleb GILBERT, Scott GUNNESS, Rebecca HALL, Laura HANNA, Colin IRVINE, Nathan JOHNSTON, Christopher KING, Wendy KNIGHT, Noreen KOJLO, Tomasz LATTANVILLE, Cameron LEVY, Franklin MALTBY, Michael MILLAR, Kristina MITCHELL, Angie OCCHIUTO, Elizabeth PELAYO, Dave PINTWALA, Charlene PIRRAGLIA, Alana PLAHA, Gagandeep SIWON, Emilia STANISCIA, Anthony THOMPSON, Jason WALLACE, Mark WALTON, Daniel WATSON, Robert ZIMMERMAN, Brian 2. Weed Control Act Inspectors GUNNESS, Rebecca IRVINE, Nathan KNIGHT, Noreen LATTANVILLE, Cameron MALTBY, Michael PLAHA, Gagandeep SIWON, Emilia WALTON, Daniel ZIMMERMAN, Brian
97 Schedule “C” Appointments under the Building Code Act, 1992 and Legislation Act, 2006
Amended by By-law 2019-XX effective April 30, 2019
Section Position Name of Appointee/Employee No. 1. Chief Building Official MITCHELL, Angie 2. Deputy Chief Building Official THOMPSON, Jason 3. Building Inspectors APPIAH-BEDIAKO, Derek APPUHAMY, Sam BARKEY, Spencer CHUMO, Jhonathan CROWE, Scott DE PASQUA, Gaetano DIBERARDINO, Megan GILBERT, Scott KOJLO, Tomasz LEVY, Franklin MILLAR, Kristina MITCHELL, Angie PELAYO, Dave PINTWALA, Charlene PIRRAGLIA, Alana STANISCIA, Anthony THOMPSON, Jason WALLACE, Mark WATSON, Robert 4. Property Standards Officers HALL, Laura GUNNESS, Rebecca IRVINE, Nathan KNIGHT, Noreen LATTANVILLE, Cameron MALTBY, Michael SIWON, Emilia WALTON, Daniel ZIMMERMAN, Brian
98 THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. BL-2019-26
A by-law to exempt certain lands from part lot control, namely 0 Hopevalley Crescent, legally described as Block 130 on Plan 43M-2056
WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended, allows municipal councils to pass by-laws to exempt lands or parts of lands within a registered plan of subdivision from the part lot control provisions outlined in subsection 50(5) of the Planning Act;
WHEREAS it is intended that the following will be created:
1. Seven (7) residential townhouse units with two (2) associated maintenance easements will be created on Block 130, Plan 43M-2056, being Parts 1 to 9, on 43R-38812; (the “Property”)
AND WHEREAS the General Manager of Community Services has approved the application to exempt the Properties from the part lot control provisions of the Planning Act, as amended.
NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS AS FOLLOWS:
1. Subsection 50(5) of the Planning Act, R.S.O. 1990, c. P.13, as amended, will cease to apply to Block 130 on Plan 43M-2056 upon;
a) registration of a copy of this by-law, in the Land Registry Office for the Land Titles Division of Peel (No. 43); and,
b) registration of a restriction, pursuant to Section 118 of the Land Titles Act, R.S.O. 1990, c.L.5, as amended, requiring the consent of the Clerk of The Corporation of the Town of Caledon prior to the registration of any transfer or charge of Block 130 on Plan 43M- 2056 or any part or parts thereof in the Land Registry Office for the Land Titles Division of Peel (No. 43).
2. This by-law shall be deemed to expire on the earlier of the date of the transfer of the unit that is transferred last or the 30th day of April, 2022, unless otherwise extended in accordance with Subsection 50(7.4) of the Planning Act, R.S.O. 1990, c.P13.
Enacted by the Town of Caledon Council this 30th day of April, 2019.
______Allan Thompson, Mayor
______Carey Herd, Town Clerk
99 THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2019-27
Being a by-law to amend Comprehensive Zoning By-law 2006-50, as amended, to reflect changes to the Cannabis Act and permit cannabis production facilities
WHEREAS Section 34 of the Planning Act, as amended, permits the councils of local municipalities to pass zoning by-laws for prohibiting the use of land or the erecting, locating or using of buildings or structures for or except for such purposes as may be set out in the by-law
AND WHEREAS the Council of The Corporation of the Town of Caledon considers it desirable to pass a zoning by-law to permit cannabis production facilities within the Town of Caledon, Regional Municipality of Peel in accordance with recent amendments to the Cannabis Act.
NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS that By-law 2006-50 as amended, being the Comprehensive Zoning By-law for the Town of Caledon, shall be and is hereby amended AS FOLLOWS:
1. The following definitions are deleted from Section 3, Definitions:
Cannabis Marihuana Medical Marihuana Production Facility
2. The following definitions are added to Section 3, Definitions in alphabetical order:
Cannabis means “cannabis” as defined in Section 2(1) of the Cannabis Act, S.C. 2018, c. 16, as amended.
Cannabis Production Facility means a building or portion thereof used for growing, processing, producing, packaging, researching, testing, destroying, storing or distributing cannabis, or selling cannabis for medical purposes, and authorized pursuant to the Cannabis Act, S.C. 2018, c. 16, as amended, by a licence or registration number issued by the federal Minister of Health. For clarity, no part of this use, whether accessory or not, may be located outside.
3. All references to “Medical Marihuana Production Facility” throughout the By- law are deleted and replaced with “Cannabis Production Facility”.
4. Section 4.20.1 is deleted and replaced with “A copy of a current and valid production licence or registration number and certificate issued by the federal Minister of Health shall be provided to the Town of Caledon.”
5. Section 4.20.2 is amended to replace “erection of a residential or institution use” with “erection of a residential or institutional use”.
6. Section 4.20.7 is amended to replace “Marihuana for Medical Purposes Regulations, SOR/2013-119.” with “Cannabis Act, S.C. 2018, c. 16, as amended.”
7. The following is added to Section 4 General Provisions:
Section 4.20.8 Whereas the Committee of Adjustment of the Town of Caledon has authorized Minor Variance application ‘A’ 010-18 and the decision of which has become final and binding, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such Minor Variance and the land, building or structure shall be deemed to comply with this By-law in so far as it relates to the approved variance.
100 8. The following rows are added to Table 8.1 in Section 8, Industrial Zones:
ZONES USE MP MS MU MA MX MD Cannabis Production Facility (3) (3)
9. The following text is added as a Footnote for Table 8.1:
(3) Must comply with Section 4.20 Cannabis Production Facility.
Enacted by the Town of Caledon Council this 30th day of April, 2019.
______Allan Thompson, Mayor
______Carey Herd, Clerk
101 THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2019-28
A by-law to confirm the proceedings of the Council for The Corporation of the Town of Caledon at its Council Meeting held on the 30th day of April, 2019
WHEREAS it is deemed appropriate that the proceedings of the Council for The Corporation of the Town of Caledon be confirmed and adopted by by-law;
NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS AS FOLLOWS:
1. The actions of the Council for The Corporation for the Town of Caledon at its Council meeting held on the 30th day of April, 2019, in respect to each motion and resolution passed and other action taken by the Council for The Corporation of the Town of Caledon at its meeting, is hereby adopted and confirmed as if all such proceedings were expressly embodied in this By- law.
2. The Mayor, the Clerk and all other proper officers of The Corporation of the Town of Caledon are authorized and directed to do all things necessary to give effect to the actions of the Council for The Corporation of the Town of Caledon referred to in Section 1 of this By-law.
3. The Mayor and the Clerk are authorized and directed to execute all documents necessary to implement the actions of the Council for The Corporation of the Town of Caledon referred to in Section 1 of this By-law and to affix thereto the seal of The Corporation of the Town of Caledon.
Enacted by the Town of Caledon Council this 30th day of April, 2019.
______Allan Thompson, Mayor
______Carey Herd, Clerk
102