Public Report To: Council in Committee of the Whole From: Warren Munro, HBA, RPP, Commissioner, Development Services Department Report Number: CNCL-20-83 Date of Report: May 20, 2020 Date of Meeting: May 25, 2020 Subject: Proposed Boundary Road Agreements between the City of Oshawa and Town of Whitby, Municipality of Clarington, and Township of Scugog File: D-4110-0059-2019 1.0 Purpose The purpose of this report is to receive Council approval to proceed with the execution of new Boundary Road Agreements (B. R. A.s) between the City of Oshawa and neighbouring municipalities (the Town of Whitby, the Township of Scugog and the Municipality of Clarington). Delegation By-law 29-2009, as amended, delegates the authority to enter into B. R. A.s to the Chief Administrative Officer or Commissioner, Development Services provided the B. R. A. is in a form approved by the City Solicitor and Council. Attachments 1, 2 and 3 are the most recent agreements with the Town of Whitby, the Township of Scugog and the Municipality of Clarington, respectively. Attachments 4, 5 and 6 are the recommended updated and refreshed new agreements in draft form with the Town of Whitby, the Township of Scugog and the Municipality of Clarington, respectively. 2.0 Recommendation It is recommended to City Council: 1. That, pursuant to Report CNCL-20-83 dated May 20, 2020 and the City’s Delegation of Authority By-law 29-2009, as amended, new Boundary Road Agreements between the City of Oshawa and each of the Town of Whitby, the Township of Scugog and the Municipality of Clarington, be approved as generally set out in said Report and satisfactory to the City Solicitor. 621 Report to Council in Committee of the Whole Item: CNCL-20-83 Meeting Date: May 25, 2020 Page 2 2. That, pursuant to Report CNCL-20-83 dated May 20, 2020 and the City’s Delegation of Authority By-Law 29-2009, as amended, the Commissioner of Development Services be authorized to execute the new Boundary Road Agreements. 3.0 Executive Summary The current agreements with our neighbouring municipalities need to be updated. It is recommended that Council approve the proposed new Boundary Road Agreements between the City and each of the Town of Whitby, the Township of Scugog and the Municipality of Clarington for execution by the Commissioner of Development Services. 4.0 Input From Other Sources The following have been consulted in the preparation of this report: . Commissioner, Community Services . Commissioner, Finance Services . City Solicitor . Municipality of Clarington . Township of Scugog . Town of Whitby 5.0 Analysis 5.1 Town of Whitby Boundary Road is the western boundary with the Town of Whitby from a point approximately 783 metres (2,569 ft.) south of Wentworth Street West to a point approximately 517 metres (1,696 ft.) north of Wentworth Street West. North of the northernmost point of Boundary Road, the municipal boundary between the Town of Whitby and the City of Oshawa consists of adjacent properties under private or municipal ownership with no municipal road allowance. Boundary Road south of Wentworth Street West is under the jurisdiction of the Region of Durham and is maintained by the Region, while the portion of Boundary Road north of Wentworth Street West is jointly maintained by the City of Oshawa and the Town of Whitby. The proposed new B. R. A. (see Attachment 4) establishes roles and responsibilities related to the maintenance, repair and upgrade of Boundary Road. Currently there is no active B. R. A. between the City of Oshawa and the Town of Whitby as it has expired (see Attachment 1). However, staff with both municipalities have agreed to adhere to the language within the now expired B. R. A. until a new agreement is signed. Attachment 4 is in a form that is generally acceptable to staff at the City of Oshawa and the Town of Whitby, subject to our Council’s approval, as necessary. There are no changes to current responsibilities for either municipality proposed in the new agreement. 622 Report to Council in Committee of the Whole Item: CNCL-20-83 Meeting Date: May 25, 2020 Page 3 5.2 Township of Scugog Coates Road is the northern boundary with the Township of Scugog from the Oshawa – Whitby boundary in the west to Townline Road/Russell Road in the east. Coates Road is under the jurisdiction of both the City of Oshawa and the Township of Scugog. The proposed new B. R. A. (see Attachment 5) establishes roles and responsibilities related to the maintenance, repair and upgrade of Coates Road. Currently, the term of the B.R.A. with the Township of Scugog contains ambiguous language in Article 2.0 related to the term (see Attachment 2). Consequently, Township of Scugog and City of Oshawa staff have agreed to adhere to the intent until a new B.R.A. is executed. Staff from the City of Oshawa and the Township of Scugog have agreed to terms within the proposed new B. R. A. (see Attachment 4), subject to our Council’s approval, as necessary. There are no changes to current responsibilities for either municipality proposed in the new agreement. 5.3 Municipality of Clarington On June 24, 2019, City Council considered Item DS-19-127 to authorize staff to extend the term of the B.R.A. for another five years (i.e., to July 2, 2024) and to amend the B.R.A. to address the need to construct Townline Road North, north of Conlin Road East to accommodate development in the Kedron Part II Planning Area. Upon further review, staff have determined that the B.R.A. also needs to be amended to reflect changes to Townline Road South as a result of the re-alignment of Bloor Street. The amendment will ensure that the B.R.A. is consistent with current practice wherein the City is responsible for that portion of Townline Road from Highway 401 to the terminus of Townline Road, north of Cherry Down Drive. The June 24, 2019 City Council direction was needed as the B.R.A. was about to expire and needed to be extended. While in the process of preparing the amending agreement, both Oshawa and Clarington staff noted that the agreement needed to be refreshed. City staff now can ensure it also aligns with the form and content of the Scugog and Whitby agreements. Attachment 6 has been prepared to advance all of these matters in a new refreshed agreement. Staff from Oshawa and Clarington have agreed on the language to the proposed agreement, subject to our Council’s approval, as necessary. There are no changes to current responsibilities for either municipality other than those related to the above-noted sections of Townline Road. 623 Report to Council in Committee of the Whole Item: CNCL-20-83 Meeting Date: May 25, 2020 Page 4 5.4 Key Terms in Recommended Agreements 5.4.1 New Boundary Road Agreement with the Town of Whitby The proposed new B.R.A. (see Attachment 4) with the Town of Whitby will include the following key terms: . 10 year term commencing the date of execution; . Option to extend for additional 10 years upon consent of both parties; . Termination clause upon mutual consent of both parties with 30 days written notice; . The Town of Whitby and the City of Oshawa to pay 50% of annual cost to maintain Boundary Road; . The Town of Whitby to undertake work and invoice the City of Oshawa in June of each year; and, . 2020 estimate for City share is $2,600 plus H.S.T. adjusted annually by the Consumer Price Index as provided by Statistics Canada in Q1 2020. 5.4.2 New Boundary Road Agreement with the Township of Scugog The proposed new B.R.A. (see Attachment 5) with the Township of Scugog will include the following key terms: . 10 year term commencing the date of execution; . Option to extend for additional 10 years upon consent of both parties; . Termination clause upon mutual consent of both parties with 30 days written notice; . The City of Oshawa to maintain Coates Road from the boundary with the Town of Whitby easterly for 3.13 kilometres to westerly limit of the intersection with Simcoe Street North; and, . The Township of Scugog to maintain Coates Road from the easterly limit of the intersection with Simcoe Street North, easterly for 1.39 kilometres to the intersection with Wilson Road North. 5.4.3 New Boundary Road Agreement with the Municipality of Clarington The proposed new B.R.A. (see Attachment 6) with the Municipality of Clarington will included the following key terms: . 10 year term commencing the date of execution; . Option to extend for additional 10 years upon consent of both parties; 624 Report to Council in Committee of the Whole Item: CNCL-20-83 Meeting Date: May 25, 2020 Page 5 . Termination clause upon mutual consent of both parties with 30 days written notice; . The proposed new B.R.A. with the Municipality of Clarington will amend the mapping schedule related to the change to Townline Road South as a result of the re-alignment of Bloor Street and Townline Road North north of Conlin Road East. 6.0 Financial Implications The recommended B. R. A.s (see Attachments 4, 5 and 6) identify obligations for the City in respect to the roads subject to each B. R. A. These obligations have financial implications which are included in the annual operating budget, capital budget and forecast capital budget submissions to Council. 7.0 Relationship to the Oshawa Strategic Plan The Recommendation advances the Economic Prosperity and Financial Stewardship, and Accountable Leadership goals of the Oshawa Strategic Plan.