DUFFERIN COUNTY COUNCIL AGENDA Thursday, January 10, 2013 at 7:00 p.m. Council Chambers 51 Zina Street, Orangeville 1. APPROVAL OF AGENDA THAT the Agenda and any Addendum distributed for the January 10, 2013, meeting of Council, be approved. 2. DECLARATIONS OF INTEREST BY MEMBERS Members of Council are required to state any pecuniary interest in accordance with the Municipal Conflict of Interest Act. 3. APPROVAL OF MINUTES OF THE PREVIOUS MEETING THAT the minutes of the Inaugural and Regular Meeting of Council of December 13, 2012, be adopted. 4. PRESENTATIONS, DELEGATIONS AND PROCLAMATIONS 5. PUBLIC QUESTION PERIOD 6. PRESENTATION AND CONSIDERATION OF REPORTS 6.1. Treasury Report Ta Ratios 2013 A report from the Treasurer dated January 10, 2013 with respect to Ta Ratios for 2013. THAT the report of the Treasurer, dated January 10, 2013 on Ta Ratios for 2013, be received; AND THAT the Ta Ratios for the County of Dufferin be maintained for the year 2013 at their 2012 levels; AND THAT the annual Ta Ratio Bylaw be approved for 2013. 6.2. Director of Public Works Transfer of Road Responsibilities Riddell Road and County Road #23 A report from the Director of Public Works dated January 10, 2013 with COUNCIL AGENDA January 10, 2013 Page 1
respect to transfer of road responsibilities of Riddell Road and County Road 23. THAT Report PW-2013-01-10, Transfer of Road Responsibilities Riddell Road and CR#23, from the Director of Public Works dated January 10, 2013 be received; AND THAT staff be authorized to take the necessary steps to transfer the ownership of Riddell Road to the County and the appropriate portions of County Road #23 to Orangeville and East Garafraa and a portion of Peel #136 to Orangeville. 6.3. Chief Administrative Officer Report Easement Request for 230kV Transmission Line A report from the Chief Administrative Officer dated January 10, 2013 with respect to an update on an easement request for 230 kv transmission line. THAT, the report of Sonya Pritchard, Chief Administrative Officer dated January 10, 2013 regarding an Update regarding the easement request for 230 kv transmission line be received; AND THAT, staff continue to work with The MMM Group and legal counsel to identify the concerns, comments and impacts to be included in a submission to the MOE as part of the Renewable Energy Approval review process. AND THAT, the February 2013 Council meeting be re-scheduled from February 14 to February 7 to ensure Council has an opportunity to review the comments prior to the February 10, 2013 submission deadline. 6.4. Verbal Reports from Outside Boards BOARD WDG Health Unit Hills of Headwaters Tourism Association Chamber of Commerce Greater Dufferin Area Physician Search Committee Centre Dufferin Medical Recruitment Committee Niagara Escarpment Commission Western Ontario Wardens Caucus MEMBER Councillor Taylor Councillor Ryan Councillor Oosterhof Councillor Oosterhof Councillor Crewson Councillor McGhee Councillor Kolodziechuk 7. CORRESPONDENCE COUNCIL AGENDA January 10, 2013 Page 2
8. MOTIONS 8.1. Appointment to the Wellington Dufferin Guelph Health Unit (tabled at the December 13, 2012 Council Meeting) Moved by Councillor Taylor, seconded by Councillor White THAT Councillor Kolodziechuk be appointed to the Wellington Dufferin Guelph Health Unit. 9. NOTICE OF MOTIONS 10. BY-LAWS 2013-01 A by-law to authorize the borrowing of money to meet current ependitures of the Corporation of the County of Dufferin during the year 2013. (Authorization: Council January 11, 2012) 2013-02 A by-law to set ta ratios and to set ta rate reduction for prescribed property subclasses for County purposes and lower-tier municipal purposes for the year 2013. (Authorization: Council January 10, 2013) 2013-03 A by-law to adopt the estimates for the sums required during the year 2013 for general purposes of the Corporation of the County of Dufferin. (Authorization: Council December 13, 2012) 2013-04 A by-law to establish property ta rates for upper-tier (County) purposes for the Year 2013 (Authorization: Council January 10, 2013) 2013-05 A by-law to ratify the actions of the Warden and Clerk for eecuting an agreement between the Wellington Dufferin Guelph Health Unit and the Corporation of the County of Dufferin. (Financial Agreement) (Authorization: General Government Services October 22, 2012) 2013-06 A by-law to ratify the actions of the Warden and Clerk for eecuting an agreement between the Wellington Dufferin Guelph Health Unit and the Corporation of the County of Dufferin. (Internal Project Management Agreement) (Authorization: General Government Services October 22, 2012) 2013-07 A by-law to approve an agreement between the Corporation of the County of Dufferin and Her Majesty The Queen In Right of Ontario, COUNCIL AGENDA January 10, 2013 Page 3
as represented by the Minister of Municipal Affairs and Housing (Social Housing Asset Management Program) (Authorization: Council January 10, 2013) 2013-08 A by-law to ratify the actions of the Warden and Clerk eecuting an agreement between the Corporation of The County of Dufferin and Dufferin County Community Services. (Canada-Ontario Affordable Housing Program Etension Rental Housing Component Direct Delivery Agreement) (Authorization: Council January 10, 2013) THAT by-laws 2013-01 to 2013-08, inclusive, be read a first, second and third time and enacted. 11. OTHER BUSINESS 12. CLOSED SESSION 13. CONFIRMATORY BY-LAW 2013-XX A by-law to confirm the proceedings of the Council of the Corporation of the County of Dufferin at its meeting held on January 10, 2013. THAT By-law 2013-XX be read a first, second and third time and enacted. 14. ADJOURNMENT THAT the meeting adjourn. COUNCIL AGENDA January 10, 2013 Page 4
DUFFERIN COUNTY COUNCIL Thursday, December 13, 2012 at 4:00 p.m. Council Chambers 51 Zina Street, Orangeville Council Members Present: Councillor Rob Adams (Orangeville) Councillor Ken Bennington (Shelburne Councillor Rhonda Campbell Moon (Mulmur) Councillor Ed Crewson (Shelburne) Councillor Bill Hill (Melancthon) Councillor Walter Kolodziechuk (Amaranth) Councillor Don MacIver (Amaranth) Councillor Warren Maycock (Orangeville) Councillor Ken McGhee (Mono) Councillor Paul Mills (Mulmur) Councillor John Oosterhof (East Luther Grand Valley) Councillor Laura Ryan (Mono) Councillor Allen Taylor (East Garafraa) Councillor Darren White (Melancthon) Staff Present: Sonya Pritchard, Chief Administrative Officer Pam Hillock, Clerk/Director of Corporate Services Mike Giles, Chief Building Official Alan Selby, Treasurer Scott Burns, Engineering Techincian Keith Palmer, Director of Community Services Valerie Quarrie, Dufferin Oaks Administrator Tom Reid, Director of Paramedic Services Wayne Townsend, Museum Director/Curator Michelle Dunne, Deputy Clerk 1. Welcome to Members of Council and Visitors C.A.O. Sonya Pritchard introduced the members of Council and welcomed visitors to the County s Election of the Warden session. 2. Recognition of Past Wardens The past Wardens and Clerks who were in attendance were introduced: Roy Hillis Reeve of East Garafraa - 1968 Robert Shirley Deputy Reeve of Mono - 1993 John Creelman Mayor of Mono 2001-2002 Council Minutes December 13, 2012 Page 1
Keith Thompson Mayor of Mono - 2004 Earl Lenno Mayor of East Garafraa 2006 Rob Adams Deputy Reeve of Orangeville 1995 to 1997 Mayor of Orangeville 1998 Ed Crewson Mayor of Shelburne 1999-2000 John Oosterhof Mayor of East Luther Grand Valley 2005, 2007-2008 Allen Taylor Mayor of East Garafraa 2010 Warren Maycock Deputy Mayor of Orangeville 2011 Walter Kolodziechuk Deputy Mayor of Amaranth - 2012 Scott Wilson former CAO and Councillor for Town of Orangeville was also in attendance. 3. Remarks from the Past Warden, Walter Kolodziechuk Past Warden Walter Kolodziechuk addressed Council. He highlighted the achievements of 2012, which included obtaining ownership of the former Shelburne Hospital for affordable housing units, the completion of the epansion of the administration and court facility, the Edeldbrock Centre and access to health care for central and northern Dufferin. He thanked fellow council members and staff for their co-operation, support and encouragement in the past year. Councillor Bennington arrived (4:08 p.m.) 4. Election of Warden The C.A.O. reviewed the role of the head of Council noting that this year would be the 136 th Warden of Dufferin County. The Clerk called for nominations for the position of Warden. Moved by Councillor Kolodziechuk, seconded by Councillor Mills THAT Councillor Ryan be nominated for the position of Warden of the County of Dufferin for the year 2013. The Clerk asked a second and third time if there were any more nominations. No further nominations were received. The Clerk then asked Councillor Ryan if she was willing to stand for the position of Warden. Councillor Ryan accepted the nomination. Council Minutes December 13, 2012 Page 2
5. Motion to Close Nominations Moved by Councillor Hill, seconded by Councillor McGhee THAT the nominations for the position of Warden of the County of Dufferin for the year 2013, be closed. -Carried- The Clerk then declared Councillor Laura Ryan to be the duly elected Warden for the term of 2012-2013. 6. Oath of Office Warden The Oath of Office was administered by His Worship John E. Creelman, Regional Senior Justice of the Peace for the Central West Region of the Ontario Court of Justice. The Chain of Office and Gavel were presented to Warden-elect Ryan. 7. Invocation by Captain Carson Decker Captain Carson Decker, Corps Officer/Pastor for Salvation Army New Hope Community Church gave the invocation. 8. Remarks by the Warden Warden Ryan presented Captain Decker and Justice Creelman with a thank you gift. Warden Ryan presented Past Warden Walter Kolodziechuk with the Warden s Pin. Warden Ryan thanked Past Warden Kolodziechuk, fellow Council members and staff for their support and looks forward to a productive 2013. 9. Election of Committee Chairs and selection of Committee Members The Clerk called for nominations for Committee Chairs starting with General Government Services. Moved by Councillor Adams, seconded by Councillor Campbell Moon, THAT Councillor Maycock be nominated for the position of Chair for the General Government Services Committee for the County of Dufferin for the year 2013. Councillor Maycock accepted the nomination. Council Minutes December 13, 2012 Page 3
The Clerk asked if there were any other nominations for position of Committee Chair. Moved by Councillor McGhee, seconded by Councillor Taylor, THAT Councillor Hill be nominated for the position of Chair for the General Government Services committee for the County of Dufferin for the year 2013. Councillor Hill accepted the nomination. A recorded vote was called for the position of Chair for the General Government Services committee for the County of Dufferin for the year 2013 and taken as follows: Vote for Councillor Maycock Vote for Councillor Hill Councillor Adams (6) Councillor Bennington (1) Councillor Campbell Moon (1) Councillor Crewson (2) Councillor Hill (1) Councillor Kolodziechuk (1) Councillor MacIver (1) Councillor Maycock (6) Councillor McGhee (2) Councillor Mills (1) Councillor Oosterhof (2) Warden Ryan (2) Councillor Taylor (2) Councillor White (1) Total (29) 15 14 The Clerk announced the vote in favour of Councillor Maycock. -Carried- The Clerk then called for the nominations for the Chair of the Community Development Committee/Museum Board. Moved by Councillor Hill, seconded by Councillor Maycock, THAT Councillor Taylor be nominated for the position of Chair for the Community Development Committee/Museum Board for the year 2013. Councillor Taylor accepted the nomination. Council Minutes December 13, 2012 Page 4
The Warden asked if there were any other nominations for position of Committee Chair. Moved by Councillor McGhee, seconded by Councillor Kolodziechuk THAT Councillor Oosterhof be nominated for the position of Chair for the Community Development Committee/Museum Board for the year 2013. A recorded vote was called for the position of Chair for the Community Development Committee/Museum Board committee for the County of Dufferin for the year 2013. Vote for Councillor Taylor Vote for Councillor Oosterhof Councillor Adams (6) Councillor Bennington (1) Councillor Campbell Moon (1) Councillor Crewson (2) Councillor Hill (1) Councillor Kolodziechuk (1) Councillor MacIver (1) Councillor Maycock (6) Councillor McGhee (2) Councillor Mills (1) Councillor Oosterhof (2) Warden Ryan (2) Councillor Taylor (2) Councillor White (1) Total (29) 15 14 The Clerk announced the vote in favour of Councillor Taylor. -Carried- Council Minutes December 13, 2012 Page 5
The Warden then called for the nominations for the Chair of the Community Services Committee/Dufferin Oaks Committee. Moved by Councillor Hill, seconded by Councillor Bennington, THAT Councillor Crewson be nominated for the position of Chair for the Community Services Committee/Dufferin Oaks Board for the year 2013. The Warden asked if there were any other nominations for position of Committee Chair. Councillor Crewson accepted the nomination. The Warden then called for the nominations for the Chair of the Public Works Committee. Moved by Councillor Kolodziechuk, seconded by Councillor Hill, THAT Councillor McGhee be nominated for the position of Chair for the Public Works Committee for the year 2013. Councillor McGhee accepted the nomination. Moved by Councillor Crewson, seconded by Councillor Adams THAT the Chair for Community Development and the Museum Board be separated; AND THAT Councillor Oosterhof be nominated for the position of Chair for the Museum Board for the year 2013. -Carried- The Clerk asked if there were any other nominations for position of Museum Board Chair. No other nominations were presented. Councillor Oosterhof accepted the nomination. Moved by Councillor Campbell Moon, seconded by Councillor Maycock, THAT the slate of Committee Membership as set out below, be adopted: General Government Services Committee Councillor Maycock (Chair) Councillor Adams Council Minutes December 13, 2012 Page 6
Councillor Campbell-Moon Councillor Hill Warden Ryan Community Development Committee Councillor Taylor (Chair) Councillor Bennington Councillor Oosterhof Warden Ryan Museum Board Councillor Oosterhof (Chair) Councillor Bennington Councillor Taylor Warden Ryan Community Services/Dufferin Oaks Committee Councillor Crewson (Chair) Councillor Kolodziechuk Councillor White Warden Ryan Public Works Committee Councillor McGhee (Chair) Councillor MacIver Councillor Mills Warden Ryan -Carried- 10. ADJOURNMENT The meeting adjourn at 4:35 p.m. _ Laura Ryan Pam Hillock Warden Clerk Council Minutes December 13, 2012 Page 7
DUFFERIN COUNTY COUNCIL Thursday, December 13, 2012 at 6:00 p.m. Council Chambers 51 Zina Street, Orangeville Council Members Present: Warden Laura Ryan (Mono) Councillor Rob Adams (Orangeville) Councillor Ken Bennington (Shelburne) Councillor Rhonda Campbell Moon (Mulmur) Councillor Ed Crewson (Shelburne) Councillor Bill Hill (Melancthon) Councillor Walter Kolodziechuk (Amaranth) Councillor Don MacIver (Amaranth) Councillor Warren Maycock (Orangeville) Councillor Ken McGhee (Mono) Councillor Paul Mills (Mulmur) Councillor John Oosterhof (Grand Valley) Councillor Allen Taylor (East Garafraa) Councillor Darren White (Melancthon) Staff Present: Sonya Pritchard, Chief Administrative Officer Pam Hillock, Clerk/Director of Corporate Services Mike Giles, Chief Building Official Alan Selby, Treasurer Keith Palmer, Director of Community Services Valerie Quarrie, Dufferin Oaks Administrator Wayne Townsend, Museum Director/Curator Tom Reid, Director of Paramedic Service Michelle Dunne, Deputy Clerk Warden Ryan called the meeting to order at 6:00 p.m. The Warden announced that the County Administrative offices and Museum will be closed during the holidays from Friday, December 21, 2012 at 4:30 pm until Wednesday, January 2, 2013 at 8:30 a.m. 1. APPROVAL OF AGENDA Moved by Councillor McGhee, seconded by Councillor Mills THAT the Agenda and any Addendum distributed for the December 13, 2012, meeting of Council, be approved. -Carried- Council Minutes December 13, 2012 Page 1
2. DECLARATIONS OF INTEREST BY MEMBERS Members of Council are required to state any pecuniary interest in accordance with the Municipal Conflict of Interest Act. 3. APPROVAL OF MINUTES OF THE PREVIOUS MEETING Moved by Councillor Campbell Moon, seconded by Councillor Hill, THAT the minutes of the Regular Meeting of Council of November 8, 2012, be adopted. -Carried- 4. PRESENTATIONS, DELEGATIONS AND PROCLAMATIONS 4.1. Delegation - Community Association to Save the Stanton Hotel (CASSH) Mr. Carl Tafel updated Council on fundraising events for the proposed relocation of the former Stanton Hotel. Mr. Tafel gave an overview of the two fundraisers held, a concert at the Church and the November 2 nd event at Hockley Valley Resort. He noted that both events were very successful. He also informed Council that CASSH has received a letter of patent as noprofit, and are still seeking charitable status, which will make them eligible to apply for a Trillium grant. 5. PUBLIC QUESTION PERIOD There were no questions from the Public. PRESENTATION AND CONSIDERATION OF REPORTS 6. COMMITTEE OF THE WHOLE November 8, 2012 Moved by Councillor Maycock, seconded by Councillor Crewson THAT the minutes of the Committee of the Whole meeting of November 8, 2012, and the recommendations set out, be adopted. -Carried- 7. COMMITTEE OF THE WHOLE November 8, 2012 Item 1a Report Update on Rescue Calls on County Roads THAT the Treasurers report dated November 8, 2012, with respect to an update Council Minutes December 13, 2012 Page 2
on Recuse Calls on County Roads, be received. 8. COMMITTEE OF THE WHOLE November 8, 2012 Item 1b Correspondence Township of Amaranth - County Budget 2013 THAT the correspondence from the Township of Amaranth dated November 2, with respect to opposing the Headwaters Health Care Centre request of $3 million and correspondence dated November 7, 2012 with respect to a cost reduction in the waste management services in the 2013 County levy, be received. 9. COMMUNITY SERVICES DUFFERIN OAKS COMMITTEE November 22, 2012 Moved by Councillor Crewson, seconded by Councillor White THAT the minutes of the Community Services Dufferin Oaks Committee meeting of November 22, 2012, and the recommendations set out, be adopted. -Carried- 10. COMMUNITY SERVICES/DUFFERIN OAKS November 22, 2012 - ITEM #1 Long Term Care Home Accountability Planning Submission THAT the report of the Administrator dated November 22, 2012 with respect to Long Term Care Accountability Planning Submission for Dufferin Oaks be received; AND THAT Council approve the Dufferin Oaks Long Term Care Accountability Planning Submission required for submission to the Central West LHIN. 11. COMMUNITY SERVICES/DUFFERIN OAKS November 22, 2012 - ITEM #2 Community Accountability Planning Submission for DCCSS THAT the report of the Administrator dated November 22, 2012 with respect to Community Accountability Planning Submission for Dufferin County Community Support Services be received; AND THAT Council approve the Community Accountability Planning Submission for Dufferin County Community Support Services required for submission to the Central West LHIN. 12. COMMUNITY SERVICES/DUFFERIN OAKS November 22, 2012 - ITEM #3 Permanent Coordinating Committee Mel Lloyd Centre THAT the minutes of the Permanent Coordinating meeting for October 22, 2012 be received. Council Minutes December 13, 2012 Page 3
13. COMMUNITY SERVICES/DUFFERIN OAKS November 22, 2012 - ITEM #4 Jean Hamlyn Day Care Centre Follow up Report THAT the report of the Director of Community Services dated November 22, 2012 - Jean Hamlyn Day Care Centre Follow Up be received; AND THAT the fees at the Jean Hamlyn Day Care Centre be increased by 10% effective February 1, 2013 and the necessary by-law be presented to Council; AND THAT parents with children on the waitlist be advised that there is no guarantee that the services provided at the Jean Hamlyn Daycare Centre will continue in the current form after 2013; AND THAT staff continue to investigate additional sustainability options including resuming the parent advisory committee. 14. COMMUNITY SERVICES/DUFFERIN OAKS November 22, 2012 - ITEM #5 Assistance with Eercise Trillium Resolve THAT the report of the Director of Community Services dated November 22, 2012 with respect to eercise Trillium Resolve be received. 15. COMMUNITY SERVICES/DUFFERIN OAKS November 22, 2012 - ITEM #6 Grant to Centre Dufferin Recreation Comple THAT the report of the Director of Community Services dated November 22, 2012 - Grant to the Centre Dufferin Recreation Comple be received; AND THAT the request for a grant to cover the payment of a new electrical plug to support a mobile generator at the Centre Dufferin Recreation Centre to accommodate Emergency Management needs of the County, be approved in the amount of $5,000; AND THAT the funds be taken from the 2012 Emergency Management budget. 16. COMMUNITY SERVICES/DUFFERIN OAKS November 22, 2012 - ITEM #7 Shelburne Hospital Conversion Update THAT the report of the Director dated November 22, 2012 with respect to the former Shelburne Hospital be received; AND THAT the renovations to the former Shelburne Hospital be approved to accommodate 25 units (3 barrier free) on the first and second floors; AND THAT the target tenants for the building be seniors (minimum 60 years of age) and physically disabled adults. Council Minutes December 13, 2012 Page 4
17. COMMUNITY DEVELOPMENT COMMITTEE November 22, 2012 Moved by Councillor Hill, seconded by Councillor Oosterhof THAT the minutes of the Community Development Committee meeting of November 22, 2012 and the recommendations set out, be adopted. 18. COMMUNITY DEVELOPMENT COMMITTEE November 22, 2012 Item #2 Pay As You Throw (PAYT) -Carried- THAT the report of the Director of Public Works dated November 22, 2012 with respect to Pay As You Throw (PAYT) be received. 19. COMMUNITY DEVELOPMENT COMMITTEE November 22, 2012 Item #3 Waste Services Policy THAT the Report, "CDC-2012-11-22 Waste Services Policy, from the Director of Public Works dated November 22, 2012, be received; AND THAT the Waste Services Policy, as amended, be approved. 20. COMMUNITY DEVELOPMENT COMMITTEE November 22, 2012 Item #5 CCI Bio Energy Property Option Etension Request DEEP THAT the request from CCI Bio Energy dated November 18, 2012 for an etension on the Option Agreement to lease lands in the Dufferin Eco Energy Park be etended until June 30, 2013. 21. GENERAL GOVERNMENT SERVICES COMMITTEE November 26, 2012 Moved by Councillor Campbell Moon, seconded by Councillor Taylor THAT the minutes of the General Government Services Committee meeting of November 26, 2012, and the recommendations set out, ecluding Item #1 be adopted. -Carried- 22. GENERAL GOVERNMENT SERVICES November 26, 2012 Item #2 Communications Committee Update THAT the report of the County Clerk/Director of Corporate Services dated November 26, 2012, regarding the Communications Update be received. Council Minutes December 13, 2012 Page 5
23. GENERAL GOVERNMENT SERVICES November 26, 2012 Item #3 Thank You Letters THAT the correspondence from the Orangeville Sustainability Action Team dated November 5, 2012, thanking Council for the facilitation of a community garden at the Edelbrock Centre and from Headwaters Arts received November 13, 2012 with respect to supporting the recent Headwaters Art Festival, be received. 24. GENERAL GOVERNMENT SERVICES November 26, 2012 Item #1 Procedural By-law 2008-15 Moved by Councillor Kolodziechuk, seconded by Councillor McGhee THAT the procedural by-law be reviewed by an ad-hoc committee chaired by the Warden, and include four members of Council and two public members. -Lost- 25. GENERAL GOVERNMENT SERVICES November 26, 2012 Item #1 Procedural By-law 2008-15 Moved by Councillor Maycock, seconded by Councillor Campbell Moon THAT the report of the Director of Corporate Services/Clerk dated November 28, 2012 with respect to a review of the Procedural By-law, be received; AND THAT the General Government Services Committee and appropriate staff conduct a review of the procedural by-law, seek input from all members of Council and report back to Council with any proposed changes. -Carried- 26. PUBLIC WORKS COMMITTEE November 28, 2012 Moved by Councillor Mills, seconded by Councillor Taylor THAT the minutes of the Public Works Committee meeting of November 28, 2012, and the recommendations set out, be adopted. -Carried- 27. PUBLIC WORKS COMMITTEE November 28, 2012 ITEM #1 Construction Schedule Update THAT the report of the Director of Public Works dated November 28, 2012 with respect to the Construction Schedule Update be received and that staff provide additional information to the committee regarding the fuelling system project. Council Minutes December 13, 2012 Page 6
28. PUBLIC WORKS COMMITTEE November 28, 2012 ITEM #2 Mono-Amaranth Townline One Lane Bridge THAT the report from the Director of Public Works dated November 28, 2012 with respect to Mono-Amaranth One Lane Bridge, be received. 29. PUBLIC WORKS COMMITTEE November 28, 2012 ITEM #3 Multi-Use Trail Development THAT the report of the Director of Public Works dated November 28, 2012 with respect to Multi-Use Trail Development be, received; AND THAT staff proceed with the development of a Multi-UseTrail plan for the former rail corridor including an implementation strategy for specified sections in the vicinity of Shelburne and Orangeville. 30. PUBLIC WORKS COMMITTEE November 28, 2012 ITEM #4 Shelburne East Area Transportation Study THAT the report of the Director of Public Works dated November 28, 2012 with respect to the Shelburne East Area Transportation Study be received. 31. PUBLIC WORKS COMMITTEE November 28, 2012 ITEM #5 Green For Life Transfer Station County Road 11 THAT the copy of the Green For Life Traffic Control Procedures Traffic Control Procedures for Waste Transfer Site on County Road 11, be received. 32. PUBLIC WORKS COMMITTEE November 28, 2012 ITEM #6 Ministry of Infrastructure THAT the correspondence from the Ministry of Infrastructure dated November 1, 2012 regarding the request from the County of Dufferin to the Province of Ontario to upload County Road 109 (formerly highway 9), be received; THAT staff be directed to apply for infrastructure funding to allow for additional work to be done under Project PW-Roads-1254 - County Road 11 from County Road 109 to County Road 10. 33. PUBLIC WORKS COMMITTEE November 28, 2012 ITEM #7 Ontario Good Roads Association THAT staff request a meeting with the Minister of Transportation at the 2013 combined ROMA/OGRA Conference to discuss the uploading of County Roads 18, 109 and 124. Council Minutes December 13, 2012 Page 7
34. MUSEUM BOARD November 28, 2012 Moved by Councillor McGhee, seconded by Councillor Oosterhof THAT the minutes of the Museum Board meeting of November 28, 2012, and the recommendations set out, ecluding Item #3, be adopted. -Carried- 35. MUSEUM BOARD November 28, 2012 Item #2 Museum Trust Fund Board - Terms of Reference THAT the report of the Curator/Director dated November 28, 2012 with respect to draft Terms of Reference for a proposed public fundraising committee to support the goals and activities of the Dufferin County Museum and Archives, be received: AND THAT the Terms of Reference attached to the report be incorporated during the net review of the Procedural By-law. 36. MUSEUM BOARD November 28, 2012 Item #3 Forest Conservation By-law Moved by Councillor MacIver, seconded by Councillor Campbell Moon THAT the Forest Conservation By-law be amended to only pertain to the Countyowned or leased land. A recorded vote was requested and taken as follows: Yea Councillor Adams (6) Councillor Bennington (1) Nay Councillor Campbell Moon (1) Councillor Crewson (2) Councillor Hill (1) Councillor Kolodziechuk (1) Councillor MacIver (1) Councillor Maycock (6) Councillor McGhee (2) Councillor Mills (1) Councillor Oosterhof (2) Council Minutes December 13, 2012 Page 8
Warden Ryan (2) Councillor Taylor (2) Councillor White (1) Total 8 21 -LOST- 37. Moved by Councillor Maycock, seconded by Councillor Campbell Moon THAT the Forest Conservation By-law 2006-15, be repealed. A recorded vote was requested and taken as follows: Yea Councillor Adams (6) Councillor Bennington (1) Nay Councillor Campbell Moon (1) Councillor Crewson (2) Councillor Hill (1) Councillor Kolodziechuk (1) Councillor MacIver (1) Councillor Maycock (6) Councillor McGhee (2) Councillor Mills (1) Councillor Oosterhof (2) Warden Ryan (2) Councillor Taylor (2) Councillor White (1) Total 8 21 -LOST- Council Minutes December 13, 2012 Page 9
38. Moved by Councillor Oosterhof, seconded by Councillor Taylor, THAT the correspondence from a resident of East Garafraa dated November 16, 2012 with respect to the Dufferin County Forest Conservation By-law be received. -Carried- 39. COMMITTEE OF THE WHOLE December 4, 2012 Moved by Councillor McGhee, seconded by Councillor White THAT the minutes of the Committee of the Whole meeting of December 4, 2012, and the recommendations set out, ecluding Items #1a and #1b, be adopted. -Carried- 40. COMMITTEE OF THE WHOLE December 4, 2012 Item 1a & 1b 2013 Draft Budget Review Moved by Councillor Oosterhof, seconded by Councillor MacIver THAT staff be directed to talk to the waste collection contractor to investigate cost savings through a change from weekly to bi-weekly pick-up in the rural areas; AND THAT the 2013 draft budget be referred back to the Committees for further discussion. A recorded vote was requested and taken as follows: Yea Councillor Adams (6) Councillor Bennington (1) Nay Councillor Campbell Moon (1) Councillor Crewson (2) Councillor Hill (1) Councillor Kolodziechuk (1) Councillor MacIver (1) Councillor Maycock (6) Councillor McGhee (2) Councillor Mills (1) Councillor Oosterhof (2) Warden Ryan (2) Council Minutes December 13, 2012 Page 10
Councillor Taylor (2) Councillor White (1) Total 12 17 -LOST- 41. Moved by Councillor Maycock, seconded by Councillor MacIver THAT $1.4 million be taken out of the DEEP reserve and applied to the ta reduction in the 2013 budget and that the draft 2013 draft budget be approved with those changes. A recorded vote was requested and taken as follows: Yea Councillor Adams (6) Nay Councillor Bennington (1) Councillor Campbell Moon (1) Councillor Crewson (2) Councillor Hill (1) Councillor Kolodziechuk (1) Councillor MacIver (1) Councillor Maycock (6) Councillor McGhee (2) Councillor Mills (1) Councillor Oosterhof (2) Warden Ryan (2) Councillor Taylor (2) Councillor White (1) Total 21 8 -CARRIED- Councillor Adams left the room (7:35 p.m.) Council Minutes December 13, 2012 Page 11
42. Verbal Reports from Outside Boards Wellington Dufferin Guelph Health Unit Councillor Mills reported that they met on December 5, 2012 and discussed the new facility in Orangeville. He also noted that he handed in his resignation due to a schedule conflict. Moved by Councillor Taylor, seconded by Councillor White THAT Councillor Kolodziechuk be appointed to the Wellington Dufferin Guelph Health Unit. 43. Moved by Councillor Maycock, seconded by Councillor McGhee THAT the motion to appoint Councillor Kolodziechuk to the Wellington Dufferin Guelph Health Unit be tabled until the net meeting. -Carried- Hills of Headwaters Tourism Association Warden Ryan reported they met on December 6, 2012 and reviewed the audited financial statements. She announced they were successful in their Trillium grant application and received $119, 000. Chamber of Commerce Councillor Oosterhof noted there was nothing to report. Greater Dufferin Area Physician Search Committee Councillor Oosterhof reported there was no meeting. Centre Dufferin Medical Recruitment Committee Councillor Crewson reported there was no meeting. Niagara Escarpment Committee Councillor McGhee reported they discussed a report on the Niagara Region Wind transmission line and recommended a peer review focusing on electrical transmission matters. He noted they also discussed the Nelson Quarry epansion, an application to amend an eisting license at the Duntroon quarry, and proposed amended growth forecasts. Western Ontario Warden s Caucus Councillor Kolodziechuk reported there was no meeting. Councillor Adams returned to the Council Chambers (7:53 p.m.) Council Minutes December 13, 2012 Page 12
CORRESPONDENCE 44. Township of Amaranth Health Effects of Industrial Turbines Township of Amaranth resolution from November 7, 2012 with respect to the adverse health effects of Industrial Wind Turbines. Moved by Councillor Oosterhof, seconded by Councillor Mills THAT the resolution from the Township of Amaranth dated November 7, 2012 requesting the Province of Ontario to issue an immediate order for industrial wind companies to cease and desist operation and construction of any wind turbines within 1.4 km of residential homes and farms, be endorsed. A recorded vote was requested and taken as follows: Yea Councillor Adams (6) Nay Councillor Bennington (1) Councillor Campbell Moon (1) Councillor Crewson (2) Councillor Hill (1) Councillor Kolodziechuk (1) Councillor MacIver (1) Councillor Maycock (6) Councillor McGhee (2) Councillor Mills (1) Councillor Oosterhof (2) Warden Ryan (2) Councillor Taylor (2) Councillor White (1) Total 21 8 -CARRIED- Council Minutes December 13, 2012 Page 13
45. Ministry of Municipal Affairs and Housing Upper Tier Official Plan Correspondence the Ministry of Municipal Affairs and Housing dated December 10, 2012 with respect to a proposed amendment to Ontario Regulation 352/02 under the Planning Act that will require upper tier municipalities to have Official Plans by March 31, 2015. Moved by Councillor Maycock, seconded by Councillor MacIver THAT a letter of objection be sent to the Ministry of Municipal Affairs and Housing with respect to the proposed amendment to Ontario Regulation 352/02 under the Planning Act that will require upper tier municipalities to have Official Plans by March 31, 2015. -Carried- 46. Town of Mono and Townships of Amaranth and Mulmur - County Assumption of Waste Management Services Correspondence from the Township of Mulmur dated December 11, 2012, the Town of Mono dated December 12, 2012 and the Township of Amaranth dated December 12, 2012 regarding the County s Assumption of Waste Management Services. Moved by Councillor Adams, seconded by Councillor White THAT the correspondence from the Township of Mulmur dated December 11, 2012, the Town of Mono dated December 12, 2012 and the Township of Amaranth dated December 12, 2012 regarding the County s Assumption of Waste Management Services, be received. A recorded vote was requested and taken as follows: Yea Councillor Adams (6) Nay Councillor Bennington (1) Councillor Campbell Moon (1) Councillor Crewson (2) Councillor Hill (1) Councillor Kolodziechuk (1) Councillor MacIver (1) Councillor Maycock (6) Council Minutes December 13, 2012 Page 14
Councillor McGhee (2) Councillor Mills (1) Councillor Oosterhof (2) Warden Ryan (2) Councillor Taylor (2) Councillor White (1) Total 20 9 -CARRIED- 47. MOTIONS 48. NOTICE OF MOTION 49. BY-LAWS 2012-40 A by-law to amend by-law 2012-08, fees and charges for services and activities provided by the County of Dufferin. (Waste Services and Jean Hamlyn Daycare fees - Schedule C and Schedule E ) (Authorization: Community Development Committee November 28, 2012 and Community Services Dufferin Oaks Committee November 28, 2012) 2012-41 A by-law to approve an amendment to the memorandum of understanding between the Corporation of the County of Dufferin and CCI-DEEP INC. (Option Agreement for a lease at the Dufferin Eco Energy Park) (Authorization: Community Development November 28, 2012) 2012-42 A by-law to ratify the actions of the Warden and Clerk eecuting an agreement between the Corporation of the County of Dufferin and Her Majesty The Queen in Right of Ontario as Represented by The Minister of Municipal Affairs and Housing (Community Homelessness Prevention Initiative) (Authorization: Council December 13, 2012) 2012-43 A by-law to appoint the Director of Public Works/County Engineer. (Scott C. Burns) (Authorization: Council November 8, 2012) Council Minutes December 13, 2012 Page 15
Moved by Councillor Crewson, seconded by Councillor Maycock THAT by-laws 2012-40 to 2012-43, inclusive, be read a first, second and third time and enacted. -Carried- 50. OTHER BUSINESS Councillor White thanked all Council members and staff that brought in a new unwrapped toy or food bank item. 51. CLOSED SESSION MINUTES Moved by Councillor McGhee, seconded by Councillor Hill THAT the closed session minutes from the November 8, 2012 Council meeting and the November 28, 2012 Museum Board meeting, be adopted. -Carried- 52. CONFIRMATORY BY-LAW 2012-44 A by-law to confirm the proceedings of the Council of the Corporation of the County of Dufferin at its meeting held on December 13, 2012. Moved by Councillor Oosterhof, seconded by Councillor Mills THAT By-law 2012-44 be read a first, second and third time and enacted. -Carried- 53. ADJOURNMENT Moved by Councillor Hill, seconded by Councillor McIver THAT the meeting adjourn. The meeting adjourned at 8:09 p.m. -Carried- Net meeting: Thursday, January 10, 2013 at 7.00pm Council Chambers, 51 Zina Street, Orangeville Laura Ryan Warden Pam Hillock Clerk Council Minutes December 13, 2012 Page 16
THE CORPORATION OF THE COUNTY OF DUFFERIN REPORT TO COUNTY COUNCIL To: From: Warden Ryan and Members of County Council Alan Selby, Treasurer Date: January 10, 2013 Subject: Ta Ratios for 2013 Purpose Council may consider any changes to Ta Ratios for the year 2013. Background & Discussion Ta Ratios are used to allocate property taation across property Classes. The County has maintained the same Ratios for many years. The Ratio for Residential property is fied at 1.0 and all other Ratios are set in relation to the Residential Ratio. Financial Impact Ratio changes do not generate revenue, they only re-allocate eisting taation revenue among eisting property Classes. If any Ratio is reduced, there would a shift in the burden of taation away from that Class of property and towards, mostly, residential properties. If a Ratio is increased, properties in that Class would see their taation burden reduced somewhat. Recommendation: THAT the Treasurer s Report dated January 10, 2013, with respect to Ta Ratios for 2013, be received: AND THAT, the Ta Ratios for the County of Dufferin be maintained for the year 2013 at their 2012 levels, AND THAT the annual Ta Ratio Bylaw be approved for 2013. Respectfully submitted, Alan Selby Treasurer
THE CORPORATION OF THE COUNTY OF DUFFERIN REPORT PW-2013-01-10 TO COUNTY COUNCIL To: From: Warden Ryan and Members of County Council Trevor D. Lewis, P.Eng. Director of Public Works Date: January 10, 2013 Subject: Transfer of Road Responsibilities Riddell Road and CR#23 Purpose The purpose of this report is to provide some background on the situation and recommend that the responsibilities for certain roads be transferred. Background & Discussion The three Directors of Public Works for Dufferin, Orangeville and East Garafraa recently met to discuss the transfer of various pieces of roads. As two of the Directors are retiring soon, we wanted to get this matter off our lists. We agreed to report to our respective Councils on what needed to be done to facilitate the transfers. The South Arterial Road (SAR) was officially opened on August 3, 2005, the culmination of thirty years of planning an alternative route around Orangeville. The portion of the bypass in Orangeville was built by developers with funding from Orangeville and Dufferin County. Riddell Road was the first portion of the bypass to be completed. As part of the planning process, it was decided that County Road #23 would no longer be functioning as it was originally intended with the SAR in place. Since the opening of the SAR, Dufferin has been pressuring Peel Region to make a decision on the transfer of the upper tier boundary road. Peel has been studying their whole road system for the last seven years and have recently decided that their portion of #23 (Townline) should be maintained by Peel. The Region is willing to enter into a maintenance agreement with Orangeville for the north portion of the road.
Report PW-10-20 Page 2 of 2 Transfer of Road Responsibilities There is a small section of Peel Road #136 that should be transferred at the same time as the other Townline portions. The table below identifies the sections of roads being transferred: Road Section From To Lane Kilometres Riddell Road Orangeville Dufferin 6.3 North Side CR#23 (Townline) Dufferin Orangeville 2.1 East Side CR#23 (B Line) Dufferin Orangeville 3.1 West Side CR#23 (B Line) Dufferin East Garafraa 3.1 North Side #136 (Townline) Dufferin Orangeville 0.3 The attached plan shows the sections of road and the colour coding is as shown in the table above. Local Municipal Impact There is a direct impact on the Town of Orangeville and the Township of East Garafraa. Orangeville will be receiving 5.5 lane kilometres of road and giving 6.3 lane kilometres. East Garafraa will be receiving 3.1 lane kilometres. Financial Impact The maintenance costs for the transferred portions should net out to a slight increase for the County s operating budget due to the small change in the number of lane kilometres and increased level of service. Recommendation THAT Report PW-2013-01-10, Transfer of Road Responsibilities Riddell Road and CR#23, from the Director of Public Works dated January 10, 2013 be received; AND THAT staff be authorized to take the necessary steps to transfer the ownership of Riddell Road to the County and the appropriate portions of County Road #23 to Orangeville and East Garafraa and a portion of Peel #136 to Orangeville. Respectfully submitted by Original signed by, Trevor D. Lewis, P. Eng. Director of Public Works and County Engineer
THE CORPORATION OF THE COUNTY OF DUFFERIN REPORT TO COUNTY COUNCIL To: From: Warden Ryan and Members of County Council Sonya Pritchard, Chief Administrative Officer Meeting Date: January 10, 2013 Subject: Update regarding easement request for 230 kv transmission line Purpose The purpose of this report is to provide Council with an update regarding the request from Dufferin Wind Power Inc. for an easement along the former rail corridor to install a 230 kv transmission line. Background & Discussion In September 2012, Council entered into an MOU with Dufferin Wind Power Inc (DWPI) for recovery of costs related to drafting an agreement to grant an easement and review of the proposal. To ensure the impact of the proposal is adequately assessed it was necessary to retain qualified consultants to conduct a review. The MMM Group was selected after a lengthy process. Identifying a consultant that did not have a conflict with respect to the wind project was difficult and took considerable time. In addition, MMM has been etremely busy and there have been repeated delays in receiving information. A report from MMM is epected during the second or third week of January. This report will be used to identify concerns and local impacts that will affect the agreement to grant an easement. Dufferin Wind Power submitted a Renewable Energy Approval (REA) application to the Ministry of the Environment (MOE) in August 2012. Various subsequent reports and clarifications have been issued since then. On December 17, 2012, DWPI notified the MOE that it was withdrawing the 2 by 69Kv transmission lines from its proposal and seeking approval for the 230 kv line (along the rail corridor) only. The MOE deemed the application to be complete on December 27. An email from the DWPI consultants received on December 28 indicated that final copies of the application reports were to be delivered to the County of Dufferin on January 2, 2013. The deadline for comments to the MOE is February 10, 2013. Staff will continue working with the MMM consultants over the net month to identify concerns as they pertain to the rail corridor and potential future uses as well as to identify comments raised from residents that may need further clarification.
Update regarding easement request for 230 kv transmission line Page 2 of 3 Comments from residents have been received over the past several months from email and letter correspondence and through a public information centre meeting held on November 6, 2012 in the Dufferin Oaks Auditorium. Contact information has been collected for over 300 people who are provided with new information as it comes available. A second public information centre to present the consultants findings is scheduled for January 31, 2013 at 7 pm. Notification of the meeting is being sent to the contacts, posted on the County website, and published in the local newspapers. A final report regarding outstanding issues and concerns will be distributed to Council prior to submitting comments to the MOE. The MOE submission deadline is prior to the February County Council date. It is recommended that the February meeting be moved to February 7, 2013 or that a special meeting be held to review the submission. In addition to the REA process, DWPI submitted a leave to construct application for the transmission line to the Ontario Energy Board (OEB). The County of Dufferin received notice of this application on October 23, 2012. A request for intervenor status was filed on October 26 to ensure participation in the process. Staff in consultation with MMM consultants and the County`s legal counsel submitted several questions regarding the application by the January 4, 2013 deadline. The questions focused on the form of the agreement proposed by DWPI, liability and risk issues. The OEB s jurisdiction is very limited by the OEB Act to matters of price, reliability and quality of service so some of the issues that are relevant to the County and the community will not be of any real concern to the Board. These matters are to be considered as part of the REA process. Staff is continuing to work with the County solicitor to finalize the draft agreement to grant an easement. Local Municipal Impact The proposed project and transmission line would run from Melancthon through a private easement, along the rail corridor in Shelburne, and Amaranth to an eisting transformer station in Orangeville. Financial, Staffing, Legal, or IT Considerations Financial and legal issues are being closely monitored as the process moves forward. Recommendation THAT, the report of Sonya Pritchard, Chief Administrative Officer dated January 10, 2013 regarding an Update regarding the easement request for 230 kv transmission line be received; AND THAT, staff continue to work with The MMM Group and legal counsel to identify the concerns, comments and impacts to be included in a submission to the MOE as part of the Renewable Energy Approval review process.
Update regarding easement request for 230 kv transmission line Page 3 of 3 AND THAT, the February 2013 Council meeting be re-scheduled from February 14 to February 7 to ensure Council has an opportunity to review the comments prior to the February 10, 2013 submission deadline. Respectfully submitted, Sonya Pritchard, CMA Chief Administrative Officer
CORPORATION OF THE COUNTY OF DUFFERIN BY-LAW 2013-01 A BY-LAW TO AUTHORIZE THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES OF THE CORPORATION OF THE COUNTY OF DUFFERIN DURING THE YEAR 2013. WHEREAS it may be necessary to borrow certain sums of money to meet current ependitures of the Corporation of the County of Dufferin during the year 2013; AND WHEREAS the Municipal Act, 2001, Part XIII, Section 407(1) to 407(5), empowers the Corporation of the County of Dufferin to borrow such sums; NOW THEREFORE BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN AS FOLLOWS: l. THAT the Warden and Treasurer be and they are hereby authorized to borrow from any Chartered Bank, Corporation or person, from time to time, as they may deem necessary, to an amount not eceeding the whole sum of approimately $3,500,000.00 at any one time to meet current ependitures of the Corporation for the year 2013. 2. THAT the Warden and Treasurer are hereby authorized and empowered on behalf of the said Corporation and for the purposes aforesaid, to sign and eecute under the seal of the said Corporation, such promissory note, notes and other instruments as may be necessary and agreed upon between the Warden and Treasurer and such Chartered Bank, Corporation or person, to secure the repayment of the money borrowed with interest at the least obtainable rate per annum, and also eecute in like manner, renewals therefore, in whole or in part until such advances are fully paid. 3. THAT the said promissory note or notes and renewals thereof (if any) shall be paid at such date or dates as may be agreed upon. 4. THAT the Warden and Treasurer are hereby authorized to eecute an Agreement that may be required by such Chartered Bank, Corporation, or person, in the form of Schedule A attached, or in a form substantially the same as Schedule A attached. READ a first, second and third time and finally passed this 10 th day of January, 2013. Laura Ryan, Warden Pam Hillock, Clerk
SCHEDULE "A" OF BY-LAW 2013-1 AGREEMENT WHEREAS the Council of the Corporation of the County of Dufferin (hereinafter called the "County") deems it necessary to borrow the sum of up to $3,500,000.00 to meet, until the revenues are collected, the current ependitures of the County for the year 2013; AND WHEREAS the total amount of the estimated revenues of the County as set forth in the estimates adopted for the year 2013 is $35,500,000, AND WHEREAS pursuant to subsection 407(2) of the Municipal Act 2001, Part XIII, the total amount borrowed pursuant to this by-law together with the total of any similar borrowings is not to eceed the limits set forth in that subsection. THEREFORE the Council of the County of Dufferin hereby enacts as follows: 1. The Warden and Treasurer are hereby authorized on behalf of the County to borrow from time to time by way of promissory note from BANK OF MONTREAL (hereinafter called the "Bank"), a sum or sums not eceeding in the aggregate $3,500,000.00 to meet until the revenues are collected the current ependitures of the County for the year, including the amounts required for the purposes mentioned in subsection (1) of Section 407 of the Municipal Act, and to give on behalf of the County to the Bank a promissory note or notes sealed with the Corporate Seal and signed by the Warden and Treasurer for the moneys so borrowed, with interest at such rate as may be agreed upon from time to time with the Bank. 2. All sums borrowed pursuant to the authority of this By-law, as well as all other sums borrowed in this year and in previous years from the Bank for any or all of the purposes mentioned in the said Section 407, shall, with interest thereon, be a charge upon the whole of the revenues of the County for the current year and for all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the moneys hereafter collected or received either on account or realized in respect of taes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. Laura Ryan, Warden Alan Selby, Treasurer
CORPORATION OF THE COUNTY OF DUFFERIN BY-LAW 2013-02 A BY-LAW TO SET TAX RATIOS AND TO SET TAX RATE REDUCTIONS FOR PRESCRIBED PROPERTY SUBCLASSES FOR COUNTY PURPOSES AND LOWER-TIER MUNICIPAL PURPOSES FOR THE YEAR 2013. WHEREAS Section 308 of the Municipal Act, 2001 ( Municipal Act ) requires the Council of an Upper-Tier Municipality to pass a by-law in each year to establish the ta ratios for that year for the Upper-Tier Municipality and its lower-tier municipalities; AND WHEREAS Section 313 of the Municipal Act, 2001 requires the Council of an Upper-Tier Municipality to specify, by by-law, the percentage reductions for the subclasses prescribed under subsection 8(1) of the Assessment Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN ENACTS AS FOLLOWS: 1. THAT for the purpose of this bylaw: a) the commercial property class includes all commercial office property, shopping centre property, parking lot property and new construction property; b) the industrial property class includes all large industrial property and new construction property; c) all subclasses of farmland awaiting development consist of land as defined in accordance with Regulations passed under the Municipal Act and the Assessment Act ESTABLISHING TAX RATIOS 2. THAT the ta ratios for the County of Dufferin, which represent the relationship of municipal ta burdens among property classes at the time of re-assessment, be the transition ratios as prescribed by the Province of Ontario, as listed below: Residential 1.0000 Multi-Residential 2.6802 Commercial 1.2200 Industrial 2.1984 Pipeline 0.8421
Ta Ratios Bylaw 2013-02 Page 2 Farmlands 0.2500 Managed Forest 0.2500 3. THAT the ta ratios, as established, are to be utilized for both upper-tier and lower-tier purposes. SUBCLASS TAX RATE REDUCTIONS 4. THAT the subclass ta rate reduction for: a) the vacant land, vacant units and ecess land subclasses within the commercial property ta class is 30%; b) the vacant land, vacant units and ecess land subclasses within the industrial property ta class is 30%; c) all subclasses of farmland awaiting development in the residential, multiresidential, commercial or industrial property classes is 65%. 5. THAT this bylaw comes into force on the day it is passed. READ a first, second and third time and finally passed this 10 th day of January, 2013. -------------------------------------- ------------------------------------ Laura Ryan, Warden Pam Hillock, Clerk
CORPORATION OF THE COUNTY OF DUFFERIN BY-LAW NUMBER 2013-03 A BY-LAW TO ADOPT THE ESTIMATES FOR THE SUMS REQUIRED DURING THE YEAR 2013 FOR GENERAL PURPOSES OF THE CORPORATION OF THE COUNTY OF DUFFERIN. WHEREAS the Corporation of the County of Dufferin (hereinafter referred to as the County ) shall in each year prepare and adopt a budget including Estimates of the sums it requires during the year for the general purposes of the County, pursuant to Section 289(1), the Municipal Act, 2001, as amended (hereinafter referred to as the Municipal Act ); AND WHEREAS the general upper-tier Levy shall be determined from the Estimates adopted in the budget; AND WHEREAS the County has agreed that any changes to the 2013 Annual Estimates that would arise from the PSAB 3150 accounting rules are to be disregarded, as permitted by O. Reg. 284/09, for the purposes of Schedule A to this Bylaw; NOW THEREFORE BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN AS FOLLOWS: 1. THAT the County adopt the Levy of Thirty Million, Three Hundred and Nineteen Thousand, Two Hundred and Ten Dollars ($30,319,210) as detailed in Schedule A attached hereto, as its estimate of the Property Ta Levy required during the year 2013 for the general purposes of the County. 2. THAT the various bodies, local boards, and departments of the County are hereby authorized to proceed with the ependitures and approved programs as provided for by the Annual Estimates, subject to any approved County policies respecting same. 3. THAT this by-law comes into force on January 10, 2013. READ a first, second and third time and finally passed this 10th day of January, 2013. Laura Ryan, Warden Pam Hillock, Clerk
By-law 2013-03 Page 2 SCHEDULE A 2013 ESTIMATES NON-TAX DESCRIPTION EXPENDITURES REVENUES 2013 TAX LEVY Assessment Services MPAC $ 875,000 $ 0 $ 875,000 General Government $ 3,163,550 $ 1,008,900 $ 2,154,650 Ambulance Service $ 5,803,400 $ 2,790,000 $ 3,013,400 W.D.G. Health Unit $ 1,612,550 $ 13,500 $ 1,599,050 Building/Bylaw/Facilities $ 2,116,575 $ 1,590,400 $ 526,175 Public Works $ 4,897,350 $ 131,000 $ 4,766,350 Dufferin Oaks, MLC $15,435,220 $12,555,700 $ 2,879,520 & Community Supports Social Services/ Child Care $10,495,782 $ 8,538,935 $ 1,956,847 Social Housing $ 6,687,150 $ 3,867,757 $ 2,819,393 Emergency Services $ 283,450 $ 17,000 $ 266,450 Waste Management $ 4,970,400 $ 338,000 $ 4,632,400 Economic Development $ 150,000 $ 0 $ 150,000 Vacant Land loan $ 145,000 $ 0 $ 145,000 Museum, Archives, Forest $ 1,227,375 $ 297,550 $ 929,825 Subtotal $57,862,802 $31,148,742 $26,714,060 Capital Public Works $ 7,025,000 $ 4,398,850 $ 2,626,150 Capital all others $ 1,543,500 $ 564,500 $ 979,000 Subtotal $ 8,568,500 $ 4,963,350 $ 3,605,150 2013 TOTALS $66,431,302 $36,112,092 $30,319,210 PROJECT Carry-over Capital balance of the $ 1,350,000 $ 1,350,000 $ 0 Edelbrock project $67,781,302 $37,462,092 $30,319,210
CORPORATION OF THE COUNTY OF DUFFERIN BY-LAW 2013-04 A BY-LAW TO ESTABLISH PROPERTY TAX RATES FOR UPPER-TIER (COUNTY) PURPOSES FOR THE YEAR 2013 WHEREAS Section 311 of the Municipal Act, 2001 requires an Upper-Tier Municipality, annually, to pass a by-law directing each lower-tier municipality to levy a separate ta rate, as specified in the by-law, on the assessment in each property class in the lowertier municipality rateable for upper-tier purposes; AND WHEREAS By-law 2013-03 of the Corporation of the County of Dufferin, dated January 10, 2013, adopted the annual Budget including estimates of all sums required during the year 2013 by the County of Dufferin, pursuant to section 289 of the Municipal Act, 2001; AND WHEREAS the general upper-tier levy was determined from the estimates adopted in By-law 2013-03 to be $30,319,210; AND WHEREAS all property assessment rolls on which the 2013 taes are to be levied have been returned and revised pursuant to the provisions of the Assessment Act, 1990 chapter A.31 as amended (hereinafter referred to as the Assessment Act ) subject to appeals at present before the Assessment Review Board, the Ontario Municipal Board and the District Court; AND WHEREAS the Residential Assessment, Multi-Residential Assessment, Commercial Assessment, Office Building Assessment, Shopping Centre Assessment, Parking Lot Assessment, Industrial Assessment, Large Industrial Assessment, Pipeline Assessment, Farmlands Assessment, Managed Forest Assessment, New Construction Assessment, and their applicable subclasses pursuant to the Assessment Act, as amended, have been determined on the basis of the aforementioned property assessment rolls and are detailed on Schedule A attached hereto and which forms part hereof; AND WHEREAS the Ta Ratios and the Ta Rate Reductions for prescribed property subclasses have been set out in By-law 2013-02 of the Corporation of the County of Dufferin dated January 10, 2013; AND WHEREAS these ta rates on the aforementioned Residential Assessment, Multi-Residential Assessment, Commercial Assessment, Office Building Assessment, Shopping Centre Assessment, Parking Lot Assessment, Industrial Assessment, Large Industrial Assessment, Pipeline Assessment, Farmlands Assessment, Managed Forest Assessment, New Construction Assessment, and
Ta Rates Bylaw 2013 their applicable subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN ENACTS AS FOLLOWS: 1. DEFINITIONS: In this By-law: a) lower-tier municipalities mean those municipalities that are member municipalities which form part of the County of Dufferin ; b) Property classes are as prescribed under the Assessment Act and include the residential property class, the multi-residential property class, the commercial property class and its subclasses, the industrial property class and its subclasses the pipeline property class, the farmlands property class and the managed forest property class; c) Ta rate means the ta rate to si decimal places to be levied against the assessment of the property; d) Ta ratio means the ratio between the ta rates for each property class and the ta rate for the residential property class, when the residential property class ratio is 1.0; e) Upper-tier municipality means the Corporation of the County of Dufferin. 2. THAT for the year 2013, the lower-tier municipalities in the Corporation of the County of Dufferin shall levy upon Residential assessment, Multi-residential assessment, Commercial assessment, Industrial assessment, Pipeline assessment, Farmland assessment and Managed Forest assessment, and applicable subclasses, the upper-tier ta rates for County purposes as set out in Schedule B attached hereto and which forms part hereof. 3. THAT County Council directs that the general upper-tier ta levy, for each lowertier municipality (as detailed in Schedule C attached hereto) be paid to the Treasurer of the Corporation of the County of Dufferin in four instalments, as per s. 311(13) of the Municipal Act, 2001. 4. THAT the amounts outlined in s. 311(13) which are not received by the Corporation of the County of Dufferin on the dates specified shall bear interest thereon at the rate of 15 per cent per year pursuant to s. 311 (19) of the Municipal Act, 2001.
Ta Rates Bylaw 2013 5. THAT the County Treasurer is hereby directed and authorized to undertake any required action necessary to collect the levies herein, including advising the lower-tier municipalities of the terms of this by-law forthwith, after its enactment. 6. THAT for payments-in-lieu of taes, as defined in s.306 of the Municipal Act, 2001 and due to the County of Dufferin under s. 322, s.323 and O. Reg. 423/02 of the Municipal Act, 2001: a) the estimated amount will be provided to the County Treasurer by the Treasurer of each lower-tier municipality as required under the Municipal Act; b) the actual amount due to the County of Dufferin will be based on the assessment rolls and the County rates of taation for the year 2013. 7. THAT this bylaw comes into force on the day it is passed. READ a first, second and third time and finally passed this 10 th day of January, 2013. ------------------------------------------ ------------------------------------ Laura Ryan, Warden Pam Hillock, Clerk
CORPORATION OF THE COUNTY OF DUFFERIN BY-LAW NUMBER 2013-05 A BY-LAW TO RATIFY THE ACTIONS OF THE WARDEN AND CLERK EXECUTING AN AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF DUFFERIN, THE CORPORATION OF THE COUNTY OF WELLINGTON, THE CORPORATION OF THE CITY OF GUELPH, AND THE WELLINGTON DUFFERIN GUELPH HEALTH UNIT. (FINANCIAL AGREEMENT) BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN AS FOLLOWS: 1. That the actions of the Warden and Clerk eecuting an agreement between the County of Dufferin, the County of Wellington, the City of Guelph and the Wellington Dufferin Guelph Health Unit, in a form substantially the same as attached hereto as Schedule A be approved. 2. That the staff of the County of Dufferin is hereby authorized to take such actions as are appropriate, and the Warden and Clerk are herby authorized to eecute such documents as are appropriate to implement the agreement referred to herein. READ a first, second and third time and finally passed this 10th day of January 2013. Laura Ryan, Warden Pam Hillock, Clerk
CORPORATION OF THE COUNTY OF DUFFERIN BY-LAW NUMBER 2013-06 A BY-LAW TO RATIFY THE ACTIONS OF THE WARDEN AND CLERK EXECUTING AN AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF DUFFERIN, THE CORPORATION OF THE COUNTY OF WELLINGTON, THE CORPORATION OF THE CITY OF GUELPH, AND THE WELLINGTON DUFFERIN GUELPH HEALTH UNIT. (INTERAL PROJECT MANAGEMENT AGREEMENT) BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN AS FOLLOWS: 1. That the actions of the Warden and Clerk eecuting an agreement between the County of Dufferin, the County of Wellington, the City of Guelph and the Wellington Dufferin Guelph Health Unit, in a form substantially the same as attached hereto as Schedule A be approved. 2. That the staff of the County of Dufferin is hereby authorized to take such actions as are appropriate, and the Warden and Clerk are herby authorized to eecute such documents as are appropriate to implement the agreement referred to herein. READ a first, second and third time and finally passed this 10th day of January 2013. Laura Ryan, Warden Pam Hillock, Clerk
CORPORATION OF THE COUNTY OF DUFFERIN BY-LAW NUMBER 2013-07 A BYLAW TO APPROVE AN AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF DUFFERIN AND HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING (SOCIAL HOUSING ASSET MANAGEMENT PROGRAM) BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN AS FOLLOWS: 1. That the Agreement between the County of Dufferin and Her Majesty The Queen In Right of Ontario, as Represented by the Minister of Municipal Affairs And Housing, in a form substantially the same as attached hereto as Schedule A be approved. 2. That the Warden and Clerk be hereby authorized to eecute the agreement and affi the corporate seal thereto. 3. That the staff of the County of Dufferin is hereby authorized to take such actions as are appropriate, and the Warden and Clerk are herby authorized to eecute such documents as are appropriate to implement the agreement referred to herein. READ a first, second and third time and finally passed this 10th day of January, 2013. Laura Ryan, Warden Pam Hillock, Clerk
CONTRIBUTION AGREEMENT SOCIAL HOUSING ASSET MANAGEMENT PROGRAM THIS AGREEMENT is effective as of the day of, 20. B E T W E E N : BACKGROUND: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing (the Province ) - and - Corporation of the County of Dufferin (the Recipient ) The Project is a project under the Social Housing Asset Management Program. The Province wishes to provide funds to assist the Recipient with carrying out the Project. CONSIDERATION: In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are epressly acknowledged, the Parties agree as follows: ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpretation: (a) (b) (c) (d) (e) words in the singular include the plural and vice-versa; words in one gender include all genders; the background and the headings do not form part of the Agreement; they are for reference only and shall not affect the interpretation of the Agreement; any reference to dollars or currency shall be to Canadian dollars and currency; and include, includes and including shall not denote an ehaustive list.
1.2 Definitions. In the Agreement, the following terms shall have the following meanings: Agreement means this agreement entered into between the Province and the Recipient and includes all of the schedules listed in section 23.1 and any amending agreement entered into pursuant to section 26.2. Effective Date means the date set out at the top of the Agreement. Funding Year means: (a) (b) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31, 2013; in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. Funds means the money the Province provides to the Recipient pursuant to the Agreement. Indemnified Parties means her Majesty the Queen in right of Ontario, her ministers, agents, appointees and employees. Maimum Funds means $11,794.00. Notice means any communication given or required to be given pursuant to the Agreement. Notice Period means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to etend that time. Parties means the Province and the Recipient. Party means either the Province or the Recipient. Program Guidelines means the guidelines for the Program attached as Schedule A, as amended by the Province from time to time. Program means the Social Housing Asset Management Program. Project means the undertaking described in Schedule B. Timelines means the Project schedule set out in Schedule B. Page 2 of 18
ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS 2.1 General. The Recipient represents, warrants and covenants that: (a) (b) it has, and shall continue to have for the term of the Agreement, the eperience and epertise necessary to carry out the Project; and unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and shall continue to be true and complete for the term of the Agreement. 2.2 Eecution of Agreement. The Recipient represents and warrants that: (a) (b) it has the full power and authority to enter into the Agreement; and it has taken all necessary actions to authorize the eecution of the Agreement. ARTICLE 3 TERM OF THE AGREEMENT 3.1 Term. The term of the Agreement shall commence on the Effective Date and shall epire on June 10, 2015 unless terminated earlier pursuant to Article 9, Article 10 or Article 11. ARTICLE 4 FUNDS AND CARRYING OUT THE PROJECT 4.1 Funds Provided. The Province shall: (a) (b) (c) provide the Recipient up to the Maimum Funds for the purpose of carrying out the Project in accordance with the Agreement including the Program Guidelines; provide the Funds to the Recipient in accordance with the payment schedule attached to the Agreement as Schedule C ; and deposit the Funds into an account designated by the Recipient provided that the account: (i) (ii) resides at a Canadian financial institution; and is in the name of the Recipient. Page 3 of 18
4.2 Limitation on Payment of Funds. Despite section 4.1: (a) (b) (c) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province s assessment of the information provided by the Recipient pursuant to section 6.1; and if, pursuant to the provisions of the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) reduce the amount of the Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section 10.1. 4.3 Use of Funds and Project. The Recipient shall: (a) carry out the Project: (i) (ii) in accordance with the terms and conditions of the Agreement including the Program Guidelines; and in compliance with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project; and (b) use the Funds only for the purpose of carrying out the Project. Funds cannot be used for capital ependitures. Eamples of acceptable ependitures include: Purchasing asset planning software Conducting building condition audits or assessments Educating or promoting housing to other municipal staff/board members on strategic asset management Creating tools to identify long-term capital needs (c) spend the Funds on the Project in accordance with Schedule B and the Program Guidelines prior to March 31, 2015. 4.4 Interest Bearing Account. If the Province provides Funds to the Recipient prior to the Recipient s immediate need for the Funds, the Recipient shall place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. Page 4 of 18
4.5 Maimum Funds. The Recipient acknowledges that the Funds available to it pursuant to the Agreement shall not eceed the Maimum Funds. ARTICLE 5 CONFLICT OF INTEREST 5.1 No Conflict of Interest. The Recipient shall carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. 5.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: (a) (b) the Recipient; or any person who has the capacity to influence the Recipient s decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient s objective, unbiased and impartial judgment relating to the Project and the use of the Funds. 5.3 Disclosure to Province. The Recipient shall: (a) (b) disclose to the Province, without delay, any situation that a reasonable person would interpret as either an actual, potential or perceived conflict of interest; and comply with any terms and conditions that the Province may prescribe as a result of the disclosure. ARTICLE 6 REPORTING, ACCOUNTING AND REVIEW 6.1 Preparation and Submission. The Recipient shall: (a) (b) (c) submit to the Province at the address provided in section 14.1, all Reports in accordance with the timelines and content requirements set out in Schedule D, or in a form as specified by the Province from time to time; and submit to the Province such other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; ensure that all Reports and other reports are completed to the satisfaction of the Province and signed on behalf of the Recipient by an authorized signing officer. Page 5 of 18
6.2 Record Maintenance. The Recipient shall keep and maintain: (a) (b) all financial records (including invoices) relating to the Funds or otherwise to the Project; and all non-financial documents and records relating to the Funds or otherwise to the Project. 6.3 Inspection. The Province, its authorized representatives or an independent auditor identified by the Province may: (a) inspect and copy the records and documents referred to in section 6.2; and (b) conduct an audit or investigation of the Recipient in respect of the ependiture of the Funds and/or the Project. 6.4 Disclosure. To assist in respect of the rights set out in section 6.3, the Recipient shall disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province, and shall do so in a form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. 6.5 No Control of Records. No provision of the Agreement shall be construed so as to give the Province any control whatsoever over the Recipient s records. 6.6 Auditor General. For greater certainty, the Province s rights under this Article are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). ARTICLE 7 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY 7.1 FIPPA. The Recipient acknowledges that the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. ARTICLE 8 INDEMNITY 8.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and epenses (including legal, epert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Province. Page 6 of 18
ARTICLE 9 TERMINATION ON NOTICE 9.1 Termination on Notice. The Province may terminate the Agreement at any time upon giving at least 30 days Notice to the Recipient. 9.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section 9.1, the Province may: (a) (b) (c) cancel all further instalments of Funds; demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and/or determine the reasonable costs for the Recipient to wind down the Project, and: (i) permit the Recipient to offset the costs determined pursuant to section 9.2(c), against the amount owing pursuant to section 9.2(b); and/or (ii) subject to section 4.5, provide Funds to the Recipient to cover the costs determined pursuant to section 9.2(c). ARTICLE 10 TERMINATION WHERE NO APPROPRIATION 10.1 Termination Where No Appropriation. If, as provided for in section 4.2(c), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately by giving Notice to the Recipient. 10.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section 10.1, the Province may: (a) (b) (c) cancel all further instalments of Funds; demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and/or determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section 10.2(b). 10.3 No Additional Funds. For purposes of clarity, if the costs determined pursuant to section 10.2(c) eceed the Funds remaining in the possession or under the control of the Recipient, the Province shall not provide additional Funds to the Recipient. Page 7 of 18
ARTICLE 11 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 11.1 Events of Default. Each of the following events shall constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) (ii) (iii) carry out the Project; use or spend Funds; and/or provide, in accordance with section 6.1, Reports or such other reports as may have been requested pursuant to section 6.1(b); (b) (c) the Recipient ceases to operate; and an event of Force Majeure that continues for a period of 60 days or more. 11.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) (b) (c) (d) (e) (f) (g) (h) (i) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; provide the Recipient with an opportunity to remedy the Event of Default; suspend the payment of Funds for such period as the Province determines appropriate; reduce the amount of the Funds; cancel all further instalments of Funds; demand the repayment of any Funds remaining in the possession or under the control of the Recipient; demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; demand the repayment of an amount equal to any Funds the Province provided to the Recipient; and/or terminate the Agreement at any time, including immediately, upon giving Notice to the Recipient. Page 8 of 18
11.3 Opportunity to Remedy. If, in accordance with section 11.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province shall provide Notice to the Recipient of: (a) (b) the particulars of the Event of Default; and the Notice Period. 11.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 11.2(b), and: (a) (b) (c) the Recipient does not remedy the Event of Default within the Notice Period; it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may etend the Notice Period, or initiate any one or more of the actions provided for in sections 11.2(a), (c), (d), (e), (f), (g), (h) and (i). 11.5 When Termination Effective. Termination under this Article shall take effect as set out in the Notice. ARTICLE 12 RETURN OF UNSPENT FUNDS 12.1 Return of Unspent Funds. Without limiting any rights of the Province under Article 11, if the Recipient has not spent all of the Funds provided to it on the Project by March 31, 2015, the Province may demand the return of the unspent Funds. 13.1 Debt Due. If: ARTICLE 13 REPAYMENT (a) (b) the Province demands the payment of any Funds or any other money from the Recipient; or the Recipient owes any Funds or any other money to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other money shall be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient shall pay or return the amount to the Province immediately, unless the Province directs otherwise. Page 9 of 18
13.2 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. 13.3 Payment of Money to Province. The Recipient shall pay any money owing to the Province by cheque payable to the Ontario Minister of Finance and mailed to the Province at the address provided in section 13.1. ARTICLE 14 NOTICE 14.1 Notice in Writing and Addressed. Notice shall be in writing and shall be delivered by email, postage-prepaid mail, personal delivery or fa, and shall be addressed to the Province and the Recipient respectively as set out below, or as either Party later designates to the other by Notice: To the Province: Ministry of Municipal Affairs and Housing Housing Funding and Risk Management Branch 777 Bay Street, 2 nd Floor Toronto ON M5G 2E5 Attention: Erich Freiler, Manager, Infrastructure Funding and Renewal Fa: (416) 585-7610 Email: Erich.Freiler@ontario.ca To the Recipient: County of Dufferin 229 Broadway, Unit 4, Hwy # 9 Orangeville, ON L9W 1K4 Attention: Keith Palmer, Director, Community Services Fa: (519) 941-0271 Email: kpalmer@dufferincounty.on.ca 14.2 Notice Given. Notice shall be deemed to have been received: (c) (d) in the case of postage-prepaid mail, seven days after a Party mails the Notice; or in the case of email, personal delivery or fa, at the time the other Party receives the Notice. ARTICLE 15 CONSENT BY PROVINCE 15.1 Consent. The Province may impose any terms and/or conditions on any consent the Province may grant pursuant to the Agreement. Page 10 of 18
ARTICLE 16 SEVERABILITY OF PROVISIONS 16.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision shall be deemed to be severed. ARTICLE 17 WAIVER 17.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 18. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. ARTICLE 18 INDEPENDENT PARTIES 18.1 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of the Province, and the Recipient shall not take any actions that could establish or imply such a relationship. ARTICLE 19 ASSIGNMENT OF AGREEMENT OR FUNDS 19.1 No Assignment. The Recipient shall not assign any part of the Agreement or the Funds without the prior written consent of the Province. 19.2 Agreement to Etend. All rights and obligations contained in the Agreement shall etend to and be binding on the Parties respective heirs, eecutors, administrators, successors and permitted assigns. ARTICLE 20 GOVERNING LAW 20.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement shall be conducted in Ontario. ARTICLE 21 FURTHER ASSURANCES 21.1 Agreement into Effect. The Recipient shall do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full etent. Page 11 of 18
ARTICLE 22 SURVIVAL 22.1 Survival. The provisions in Article 1, any other applicable definitions, sections 4.5, 6.1 (to the etent that the Recipient has not provided the Reports or other reports as may be requested by the Province to the satisfaction of the Province), 6.2, 6.3, 6.4, 6.5, 6.6, Articles 7 and 8, sections 9.2, 10.2, Articles 11, 12, 13, 14, 16, 17, 18, 19, 20, 22, 23, 25 and 26 and all applicable cross-referenced provisions and schedules shall continue in full force and effect for a period of seven years from the date of epiry or termination of the Agreement. ARTICLE 23 SCHEDULES 23.1 Schedules. The Agreement includes the following schedules: (a) (b) (c) (d) Schedule A Program Guidelines; Schedule B - Project Objectives and Timeline; Schedule C MMAH Payment Schedule; and Schedule D Reports. ARTICLE 24 COUNTERPARTS 24.1 Counterparts. The Agreement may be eecuted in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ARTICLE 25 RIGHTS AND REMEDIES CUMULATIVE 25.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. ARTICLE 26 ENTIRE AGREEMENT 26.1 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 12 of 18
26.2 Modification of Agreement. The Agreement may only be amended by a written agreement duly eecuted by the Parties. The Parties have eecuted the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and Housing Name: Keith Etance Title: Director Date Corporation of the County of Dufferin Name: Title: Date Name: Title: Date I/We have authority to bind the Recipient. Page 13 of 18
SCHEDULE A PROGRAM GUIDELINES SEE ATTACHED Building Together: Guide for Municipal Asset Management Plans Page 14 of 18
Background Information SCHEDULE B PROJECT OBJECTIVES AND TIMELINE The intent of this funding is to assist with improving social housing asset management practices. Please describe current asset management practices with respect to the social housing stock. Each year, County Council sets aside some funds from its budget for housing facilities; however, it has simply been a constant amount that is raised, not supported by any data about eisting assets or about their condition. Project Objective (i) Please identify and briefly eplain the asset management plan component(s) or strategy to be targeted with the Funds. Software will be purchased, specifically for performing asset management work. Asset data that now resides in Ecel spreadsheets will be imported into the new software and there will be staff training on how the software works. (ii) Do you intend to use the Funds to help develop an asset management strategy? Yes. Once County staff have been using the software for a period of time, they will produce reports from it, which will form the basis of an Asset Management Plan and Proposed Strategy to be presented to County Council. Council will review the Proposed Strategy, make changes, and approve a final version of the Strategy. Timelines First Funding Year Funds shall be spent on eligible Program ependitures by May 31, 2013. Second Funding Year Funds shall be spent on eligible Program ependitures by March 31, 2014. Third Funding Year Funds shall be spent on eligible Program ependitures by March 31, 2015. N.B: Eligible Program ependitures only include ependitures made on or after August 16, 2012.
SCHEDULE C MMAH PAYMENT SCHEDULE PAYMENT DATE OR MILESTONE Four weeks following the date of the Agreement April 1, 2013 AMOUNT First Funding Year $3,931.00 (one third of Maimum Funds) Second Funding Year $3,931.00 (one third of Maimum Funds) April 1, 2014 Third Funding Year $3,931.00 (one third of Maimum Funds) Page 16 of 18
SCHEDULE D REPORTS 1. Annual Reports. The Recipient shall provide the Province with an annual report on May 31, 2013, setting out all the items and/or activities funded with the Funds on or prior to such date; and with an annual report on March 31, 2014 and on March 31, 2015 setting out all items and/or activities funded with the Funds in the previous Funding Year. 2. Final Report. The Recipient shall provide the Province with a final report on June 7, 2015 setting out all items and/or activities funded with the Funds in all previous Funding Years.
Appendi D-1 Social Housing Asset Management Program Annual Reporting Template Service Manager Name: Date: Template completed by: (Please print name and position) 1. Identify the amount of funds spent to-date and how these funds have been allocated: 2. Please eplain how the Social Housing Asset Management Program funds have improved strategic asset management practices within the Service Manager social housing portfolio: 3. Please provide an estimate as to when the remaining funds will be spent (note that all funds must be spent by March 31, 2015): Page 18 of 18
CORPORATION OF THE COUNTY OF DUFFERIN BY-LAW NUMBER 2013-08 A BY-LAW TO RATIFY THE ACTIONS OF THE WARDEN AND CLERK EXECUTING AN AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF DUFFERIN AND DUFFERIN COUNTY COMMUNITY SERVICES. (Canada-Ontario Affordable Housing Program Etension Rental Housing Component Direct Delivery Agreement) BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF DUFFERIN AS FOLLOWS: 1. That the actions of the Warden and Clerk eecuting an agreement between the County of Dufferin and Dufferin County Community Services, in a form substantially the same as attached hereto as Schedule A be ratified. 2. That the staff of the County of Dufferin is hereby authorized to take such actions as are appropriate, and the Warden and Clerk are herby authorized to eecute such documents as are appropriate to implement the agreement referred to herein. READ a first, second and third time and finally passed this 10th day of January 2013. Laura Ryan, Warden Pam Hillock, Clerk