HomeMy WebLinkAbout10-18 - Meeting Minutes - Board of Directors - Jan. 4, 2019Toronto and Region
Member
_ Conservation
Member
Authority
Member
Board of Directors Meeting #10/18 was held at TRCA Head Office, on Friday, January 4,
2019. The Chair Maria Augimeri, called the meeting to order at 10:11 a.m.
Jack Heath
PRESENT
Gord Highet
Maria Augimeri
Chair
Paul Ainslie
Member
Kevin Ashe
Member
Vincent Crisanti
Member
Jim Karygiannis
Member
Maria Kelleher
Member
Glenn Mason
Member
Mike Mattos
Member
Jennifer McKelvie
Member
Gino Rosati
Member
PRESENT VIA TELECONFERENCE
Ronald Chopowick
Member
Joanne Dies
Member
Paula Fletcher
Member
Chris Fonseca
Member
ABSENT
David Barrow
Member
Glenn De Baeremaeker
Member
Jennifer Drake
Member
Michael Ford
Member
Jack Heath
Vice -Chair
Gord Highet
Member
Jennifer Innis
Member
Giorgio Mammoliti
Member
Michael Palleschi
Member
Anthony Perruzza
Member
The Chair recited the Acknowledgement of Indigenous Territory.
RES.#A201/18 - MINUTES
Moved by: Glenn Mason
Seconded by: Gino Rosati
THAT the Minutes of Meeting #9/18, held on November 30, 2018, be approved.
CARRIED
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CORRESPONDENCE
7.1 A letter dated December 20, 2018 from Ralph Walton, Acting Regional Clerk/ Director of
Legislative Services, in regard to Appointments to the Toronto and Region Conservation
Authority.
RES.#A202/18 - CORRESPONDENCE
Moved by: Jennifer McKelvie
Seconded by: Mike Mattos
THAT above -noted correspondence 7.1 be added to the agenda.
CARRIED
RES.#A203/18 - CORRESPONDENCE
Moved by: Jennifer McKelvie
Seconded by: Mike Mattos
THAT above -noted correspondence 7.1 be received.
THAT the following be recognized as Members of Toronto and Region Conservation
Authority (TRCA) for the term of the Council and as such are duly appointed and entitled
to sit as Members of this Board until Annual Board of Directors Meeting #1/19, scheduled
to be held on January 25, 2019, or until their successors are appointed:
Region of Durham:
Kevin Ashe
Joanne Dies
Gord Highet
AND FURTER THAT Jack Ballinger and Colleen Jordan be thanked for their service to
TRCA.
CARRIED
M
The Regional
Municipality
of Durham
Corporate Services
Department
Legislative Services
605 Roseland Rd. E
Level 1
PO Box 623
Whitby, ON L1N 6A3
Canada
905-668-7711
1-800-372-1102
Fax: 905-666-9963
durham.ca
Don Beaton, BCom, M.P.A.
Commissioner of Corporate
Services
December 20, 2018
Mr. John MacKenzie
Chief Administrative Officer
The Toronto & Region Conservation Authority
5 Shoreham Drive
Downsview. ON M3N 1S4
Dear Mr. MacKenzie:
RE: Appointments to the Toronto and Region Conservation
Authority
Our File: C14
Please be advised that at the Regional Council meeting held on
December 19, 2018, the following members of Regional Council were
appointed to the Toronto and Region Conservation Authority:
Regional Councillor J. Dies, Town of Ajax
Regional Councillor K. Ashe, City of Pickering
Regional Councillor G. Highet, Township of Uxbridge
Councillor Dies can be contacted at:
Town of Ajax Municipal Office
65 Harwood Avenue South
Ajax, ON LIS 2H9
Phone: (905) 683-4550
Fax: (905) 683-8207
Councillor Ashe can be contacted at:
City of Pickering Municipal Office
One The Esplanade
Pickering, ON L1V 6K7
Phone: (905) 420-2222
Fax: (905) 420-6064
Councillor Highet can be contacted at:
Township of Uxbridge Municipal Office
51 Toronto Street South
P.O. Box 190
Uxbridge, ON L9P 1T1
Phone: (905) 852-9181
Fax: (905) 852-9674
Ain
If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097.
100% 5er
-2 -
Should you require further information in this regard, please do not
hesitate to contact the Legislative Services Division at (905) 668-7791.
Ralph Walton,
Regional Clerk/Director of Legislative Services
c: N. Cooper, Clerk, Town of Ajax
S. Cassel, Clerk, City of Pickering
D. Leroux, Clerk, Township of Uxbridge
M
Section I — Items for Board of Directors Action
RES.#A204/18 - SOLID WASTE AND RECYCLING COLLECTION AND MANAGEMENT
PROGRAM 2019-2021
Award of Contract #10009310 for Solid Waste and Recycling Collection
and Management services for 12 TRCA locations for 2019-2021.
Moved by: Jennifer McKelvie
Seconded by: Paul Ainslie
THAT Contract #10009310 for Solid Waste and Recycling Collection and Management
Services for 2019-2021 for twelve (12) Toronto and Region Conservation Authority (TRCA)
facilities be awarded to Canadian Waste Management at a total cost not to exceed
$116,000, plus 10% contingency, plus HST for to be expended as authorized by TRCA staff
for an initial term of two (2) years (March 1, 2019 to February 28, 2021) with an option to
renew for additional two (2) years with revised rate in accordance with Ontario's
Consumer Price Index;
THAT should TRCA staff be unable to negotiate a contract with the above-mentioned
proponent, staff be authorized to enter into and conclude contract negotiations with other
Proponents that submitted proposals, beginning with the next highest ranked proposal
meeting TRCA specifications;
AND FURTHER THAT authorized TRCA officials be directed to take whatever action may
be required to implement the contract, including the obtaining of necessary approvals and
the signing and execution of any documents.
AMENDMENT
RES.#A205/18 -
Moved by: Gino Rosati
Seconded by: Kevin Ashe
THAT the first paragraph of the main motion be amended to read as follows:
THAT Contract #10009310 for Solid Waste and Recycling Collection and Management
Services for 2019-2021 for twelve (12) Toronto and Region Conservation Authority (TRCA)
facilities be awarded to Waste Management of Canada at a total cost not to exceed
$116,000, plus 10% contingency, plus HST for to be expended as authorized by TRCA staff
for an initial term of two (2) years (March 1, 2019 to February 28, 2021) with an option to
renew for additional two (2) years with revised rate in accordance with Ontario's
Consumer Price Index;
THE AMENDMENT WAS
CARRIED
THE MAIN MOTION, AS AMENDED, WAS
CARRIED
THE RESULTANT MOTION READS AS FOLLOWS:
THAT Contract #10009310 for Solid Waste and Recycling Collection and Management
Services for 2019-2021 for twelve (12) Toronto and Region Conservation Authority (TRCA)
facilities be awarded to Waste Management of Canada at a total cost not to exceed
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$116,000, plus 10% contingency, plus HST for to be expended as authorized by TRCA staff
for an initial term of two (2) years (March 1, 2019 to February 28, 2021) with an option to
renew for additional two (2) years with revised rate in accordance with Ontario's
Consumer Price Index;
THAT should TRCA staff be unable to negotiate a contract with the above-mentioned
proponent, staff be authorized to enter into and conclude contract negotiations with other
Proponents that submitted proposals, beginning with the next highest ranked proposal
meeting TRCA specifications;
AND FURTHER THAT authorized TRCA officials be directed to take whatever action may
be required to implement the contract, including the obtaining of necessary approvals and
the signing and execution of any documents.
BACKGROUND
TRCA is committed to moving toward zero solid waste in the day-to-day operations for programs
and at facilities, with a target of 80% diversion of waste. Currently TRCA is achieving
over 40% diversion. Progress towards increasing diversion rates is directly related to
expectations placed on TRCA's waste service provider to help achieve TRCA goals.
TRCA requires Solid Waste and Recycling Collection and Management Services at the following
12 locations:
• Glen Rouge Campground: 7450 Kingston Road, Toronto
• Black Creek Pioneer Village: 1000 Murray Ross Parkway, Toronto
• Petticoat Creek Conservation Area: 1100 Whites Road, Pickering
• Boyd Conservation Area: 8739 Islington Avenue, Woodbridge
• Boyd Office: 9755 Canada Company Avenue, Woodbridge
• Restoration Service Centre: 9741 Canada Company Avenue, Woodbridge
• Kortright Centre for Conservation: 9550 Pine Valley Drive, Woodbridge
• Bruce's Mill Conservation Area: 3291 Stouffville Road, Stouffville
• Lake St. George Field Centre: 950 Bethesda Side Road, Richmond Hill
• Bathurst Glen Golf Course: 12481 Bathurst Street, Richmond Hill
• Claremont Field Centre: 4290 Westney Road, Claremont
• Swan Lake: 1229 Bethesda Side Road, Richmond Hill
TRCA facilities located in Peel Region receive free waste and recycling services through the
Region of Peel and therefore are not included in this contract.
The Request for Proposal (RFP) documentation was reviewed prior to release by TRCA's
Corporate Sustainability staff to ensure vendor selection would meet TRCA's Solid Waste
Management Plan: Toward Zero Waste. The RFP was structured to ensure traditional hauling
and recycling services as well as to help TRCA select an environmentally focused firm.
RATIONALE
RFP documentation was posted on the public procurement website biddingo.com on November
18, 2018 with proposals received from the following firms:
*Waste Management of Canada;
•GFL Environmental Inc.;
•Waste Connection;
*Waste Reduction.
ME
An evaluation committee of TRCA staff reviewed the proposals. The criteria used to evaluate and
select the recommended Proponent included the followinq:
Criteria
Score Weight
TECHNICAL:
$77,062
Proponents Information and Profile
10%
Experience and Methodology
20%
Scope of Work Capabilities
30%
TOTAL Technical a minimum of 40% required
60%
PRICING
40%
TOTAL WEIGHTED SCORE
100%
The fees summary of the received proposals is as follows:
Firm
Annual Fee
Plus HST
Waste Reduction Group
$77,062
GFL Environmental Inc.
$63,221
Waste Management of Canada
$58,346
Waste Connection
$48,140
The scoring was completed by each member of the evaluation committee, and averaged to
produce total scores as follows:
Proponent
Proposal Score
/100
Waste Reduction
82%
GFL Environmental Inc.
84%
Waste Management of Canada
94%
Waste Connection
N/A - Did not meet the minimum 40% technical
requirement.
Based on the Evaluation Committee's review of the proposals, Waste Management of Canada
was evaluated to be the highest scoring Proponent. Therefore, staff recommends that Contract
#10009310 be awarded to Waste Management of Canada at a total annual cost not to exceed
$58,346, plus 10% contingency, plus HST, for a total two-year contract amount of $116,692, plus
10% contingency, plus HST, it being the highest ranked proposal meeting TRCA specifications.
Waste Management of Canada demonstrated its qualifications and expertise as a specialist in
designing and implementing waste reduction strategies and initiatives, while providing waste and
recycling collection services. The firm is committed to waste diversion data collection and
evaluation as well as waste audit practices to ensure that all services meet TRCA's Solid Waste
Management Plan: Toward Zero Waste.
FINANCIAL DETAILS
Funds have been identified for contract services in the respective facility operating budgets from
TRCA's municipal funding partners.
Report prepared by: Kate Pankov, extension 6418
Emails: kpankov(&trca.on.ca
For Information contact: Kate Pankov, extension 6418
Emails: kpankov&trca.on.ca
Date: December 12, 2018
M
RES.#A206/18 - UNIFORMED SECURITY SERVICES 2019 - 2024
Award of Contract #10009592 for Uniformed Security Services for various
TRCA locations 2019-2024.
Moved by: Jennifer McKelvie
Seconded by: Kevin Ashe
THAT the contract for uniformed security services for Toronto and Region Conservation
Authority (TRCA) public use facilities, campgrounds, offices and select properties for
2019 - 2023 be awarded to Neptune Security Services Inc., at a total cost not to exceed
$770,360, plus 15% contingency, plus HST, it being the highest ranked proposal meeting
TRCA specifications;
THAT an option for a one year extension (2023-2024) at the discretion of TRCA staff be
available at an additional cost not to exceed $192,590, plus 15% contingency, plus HST;
THAT should TRCA staff be unable to achieve an acceptable contract with the
above-mentioned proponent, staff be authorized to enter into and conclude contract
negotiations with other Proponents that submitted proposals, beginning with the next
highest ranked proposal meeting TRCA specifications;
AND FURTHER THAT authorized TRCA officials be directed to take whatever action may
be required to implement the contract, including the obtaining of necessary approvals and
the signing and execution of any documents.
CARRIED
BACKGROUND
It is a priority of TRCA to ensure that its facilities, staff and visitors are effectively protected from
unauthorized entry, threatening behavior and vandalism during and after regular operating hours.
In order to achieve this goal, uniformed security services are required to act as a deterrent and to
handle situations that threaten facilities and occupants. There are two types of services required
by TRCA: Annual Services performed daily from January - December and Seasonal Services
performed between April - October.
Annual Services (January — December)
A. Black Creek Pioneer Village - daily scheduled security guard service
B. Bond Lake and Philips Lake - patrol services based on irregular shifts
C. Mobile Alarm Response Services at various TRCA Facilities and Conservation Areas
D. Special Event Security Services — scheduled guard, on-call "as required" shifts
E. Spot Check Services to TRCA facilities, properties and locations
Seasonal Security Services (April — October) provided based on scheduled shifts as
required by TRCA
F. TRCA Campground Facilities:
• Indian Line Campground
• Albion Hills Campground
• Glen Rouge Campground
• Heart Lake Conservation Area
• Petticoat Creek Conservation Area and Glen Rouge Campground
• Boyd Conservation Area,
• Kortright Centre for Conservation
• Boyd Office and Restoration Services Centre
• G. TRCA Conservation Parks and Facilities:
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RATIONALE
Request for Proposals (RFP) #10009592 was posted on the public procurement website
biddingo.com on November 13, 2018 with proposals received from the following firms:
• Active Security
• Garda World
• Knights on Guard
• Neptune Security Services Inc.
Proposals were opened by the Procurement Opening Committee on December 5, 2018. A
Selection Committee of TRCA staff reviewed the proposals. The criteria used to evaluate and
select the recommended firm included the following:
Criteria
Score
Weight
Proponent's Information and Profile
10%
Key Personnel
15%
Experience and Protocols
15%
Scope of Work Capabilities
20%
Proposed Workplan and Project Team
10%
Pricing
30%
TOTAL
100%
The fees summary of the received proposals is as follows:
Firm
Annual Fee
Plus HST
Active Security
$ 269,150
Garda World
$ 322,361
Knights on Guard
$ 241,768
Neptune Security Services Inc.
$ 192,590
The scoring was completed by each member of the evaluation committee, and averaged to
produce total scores as follows:
Firm
Proposal Score
/100
Active Security
64
Garda World
77
Knights on Guard
74
Neptune Security Services Inc.
90
Based on the Selection Committee's review of the proposals, Neptune Security Services Inc. was
evaluated as the highest by the committee. Therefore, staff recommends that Contract#10009592
for 2019-2023 be awarded to Neptune Security Services Inc. with an option for a one-year
extension (2023-2024) at the discretion of TRCA staff.
Neptune Security Services Inc. demonstrated qualifications and expertise as a leader in the
security services field. Their corporate protocols and documentation showcase a streamlined and
professional organization with appropriate policies and communication channels. They also
demonstrated a thorough understanding and ability to meet the contract and scope of work
requirements.
651
FINANCIAL DETAILS
Funds have been identified for contract services in the respective facility operating budgets from
TRCA's municipal funding partners.
Report prepared by: Kate Pankov, extension 6418
Emails: kpankov(a)trca.on.ca
For Information contact: Kate Pankov, extension 6418
Emails: kpankov(c trca.on.ca
Date: December 12, 2018
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RES.#A207/18 - THE MEADOWAY —VISUALIZATION TOOLKIT
Award of Contract #10009458. Approval of the award of contract
#10009458 - development of a visualization toolkit for The Meadoway.
Moved by: Mike Mattos
Seconded by: Maria Kelleher
THAT the staff report, regarding the award of contract for professional landscape
architecture and design services to lead the development of a visualization toolkit in
support of The Meadoway, be approved.
CARRIED
BACKGROUND
Led by Toronto and Region Conservation Authority (TRCA) in partnership with Toronto and
Region Conservation Foundation, City of Toronto, Hydro One, and The W. Garfield Weston
Foundation, The Meadoway Project will transform 16 kilometres of hydro corridor in Scarborough
into one of the largest urban linear greenspaces in Canada.
On April 11, 2018, Mayor John Tory along with the Directors of The W. Garfield Weston
Foundation, and representatives from TRCA and Toronto and Region Conservation Foundation
jointly announced The Meadoway at a ceremony in Scarborough. As part of this announcement,
The W. Garfield Weston Foundation pledged up to $25 million in support of the project, with a firm
commitment of $10 million available immediately to support Phase 1 of the project. The City of
Toronto committed $6.3 million to realize the shared vision for The Meadoway by supporting the
multi -use trail infrastructure, and to support the City's ongoing operations and maintenance
activities in the hydro corridor.
At Authority Meeting #7/18, held on September 28, 2018, an update on The Meadoway and
recommendation to advance implementation of key priorities was approved per Resolution
#A143/18, in part, as follows:
WHEREAS The W. Garfield Weston Foundation has made a $10 million of the $25 million
pledge available immediately to TRCA to implement Phase 1 of the project;
THEREFORE LET /T BE RESOLVED THAT with appropriate Board Authority approvals
including purchasing approvals, authorized TRCA and LCF officials be directed to take all
necessary actions regarding retaining consulting services, the hiring of contract staff
including project managers, and the signing and execution of any service agreements
within the limit of the confirmed approved funding agreement for Phase 1.
A Schedule C Municipal Class Environmental Assessment (Class EA) is currently being
undertaken to inform planning and design of potential trail alignments for sections of multi -use trail
that have not been completed or approved. At Authority Meeting #7/18, TRCA staff received
authorization to award Contract #10008912 to Dillon Consulting Limited for professional planning
and engineering consulting in support of the Class EA and detailed design.
TRCA has also determined the need to retain a consultant to provide professional landscape
architecture and design services to help refine and illustrate the overall vision and design
philosophy of The Meadoway. A Request for Proposals (RFP#10009458) was released by TRCA
on October 23, 2018 via Biddingo, soliciting bids for professional landscape architecture and
design services to lead the development of a visualization toolkit for The Meadoway.
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An update on the outcome of the bidder evaluation process was brought to the Board of Directors
Meeting #9/18, with the following recommendations approved per Resolution #A187/18, in part,
as follows:
THAT the Chief Executive Officer be authorized to award contract #10009458 for
Professional Landscape Architecture and Design Services, in support of The Meadoway,
if staff is unable to report to the Board of Directors as per Toronto and Region
Conservation Authority's (TRCA) Purchasing Policy due to timing constraints,
THAT staff report back to the next Board of Directors Meeting as required after award of
contracts,
RATIONALE
RFP#10009458 was released via Biddingo on October 23, 2018 with a total of 12 proponents
submitting proposals in advance of the submission deadline on November 9, 2018.
Proponent Name
Fee
The Planning Partnership
$90,350
Schollen and Company Inc.
$146 101.75-----
Agency Landscape & Planning
$166,185
...................ia.-....-.-.-.-.-.-.-.-.-.-.-.-.-.-....-.-.-.-.-n................................-.-.-.-.-.-.-.-.-.-.-.-.-..-.-.-.-.-.-.-.-.--$.-.-.-.-.-.-.-.-.-3-
02 Planning &.Design
_$161,430
0................-.
Public Work
$198,597
Modyama and Teshima Planners Ltd.
- --------------------------- ---- ...-....-.
...-..............-
--------------
$324,500
...............-. ....-
Janet Rosenberg & Studio
$214,522
IBI Group
$171,487
DTAH$209,328
Pkins a 1. nd Will
er
$21.45,975
LANDInc
$48 1.3 6 1.6 1.0
Stantec
$1,206,274
Members of the Evaluation Committee, consisting of staff from TRCA and The W. Garfield
Weston Foundation, received copies of the proposals on November 9, 2018. The criteria used to
evaluate the submissions and to select the successful consultant included the following:
• Understanding of project and scope of work;
• Experience and project portfolio, including quantity and relatedness of past projects,
awards and/or recognition, and overall layout, design, and creativity of portfolio;
• Expertise of staff and appropriate allocation of resources;
• Approach and methodology of work plan, including innovative ideas, identification of
project limitations, and proposed solutions;
• Clear and well thought out schedule that meet or exceeds the project timeline; and
• Detailed cost breakdown, including an itemized cost of additional works anticipated
beyond the approve budget.
The results of the evaluation of received proposals by the Evaluation Committee are as follows:
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ProponentI Technical1PPOro°posal I Fee Proposal Rank I Ov roll R1 nk
I Rank
r11r
At the proposal evaluation meeting held on November 29, 2018, consensus was reached
between all members of the committee to select the second highest overall ranked proponent.
The Evaluation Committee reached this unanimous decision for the following reasons:
• The technical proposal best met the criteria as set out in the RFP;
• The methodology and workplan submitted by Perkins+Will most clearly reflected the
goals, key objectives, and guiding principles of The Meadoway and desired outcomes of
the Visualization Toolkit process;
• The portfolio provided by Perkins+Will highlighted a suite of renderings, sketches, and
animations best aligned with the objective of conveying the unique visual identity of The
Meadoway to the public and received the highest score based on overall creativity.
• The complementary strengths and expertise of the proposed project team combined with
the portfolio of past projects (e.g., the Atlanta Beltline, the Finch West LRT, The Bentway,
Eglinton Connects EA and Streetscape, and Kenilworth Corridor) made Perkins+Will
stand out as the proponent with the most relevant experience as it relates to the
requirements outlined in the RFP; and
• The portfolio of past projects that the confirmed Project Team has worked on, including
the Atlanta Beltline, the Finch West LRT, The Bentway, Eglinton Connects EA and
Streetscape, and Kenilworth Corridor, represent nationally and internationally recognized
linear corridor projects that are highly relevant to The Meadoway; and
• Perkins+Will's fee proposal is within the budget as set by TRCA in consultation with The
W. Garfield Weston Foundation.
FINANCIAL DETAILS
The Meadoway project has a total proposed budget of $85 million. Nearly 40% of the budget has
been pledged to date and $10 million is currently available in account 260-01. Primary
deliverables to be covered by the initial $10 million in funding include: the development of the
visualization toolkit; planning and completion of the Class EA and detailed design; meadow
habitat preparation, maintenance, and mowing; a 401 bridge feasibility study; fundraising
campaign plan; and development and implementation of engagement and public relations
strategies.
DETAILS OF WORK TO BE DONE
The development of the Visualization Toolkit is expected to be a collaborative process led by the
selected proponent and involving TRCA, Toronto and Region Conservation Foundation, The W.
Garfield Weston Foundation, City of Toronto, Hydro One, and the community. The Visualization
Toolkit will be informed by the objectives of The Meadoway project, existing conditions, and the
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conceptual design of the multi -use trail and restored meadow as it evolves through the Class EA
process. It will also consider a case analysis of exemplary greenspace revitalization projects, with
a focus on linear greenspaces, iconic gateway and bridge features, community connections, road
crossings, and public realm features. The end result will include graphics that will convey the
overall project vision that can be used in both print and electronic reproduction for marketing and
communication purposes.
Report prepared by: Corey Wells, extension 5233
Emails: cwells(a)trca.on.ca
For Information contact: Lisa Turnbull, extension 5645
Emails: lturn bull(cDtrca.on.ca
Date: December 11, 2018
656
RES.#A208/18 - BRE INNOVATION PARK
Update and Authorization to Lease a Lot at Innovation Park at Kortright,
9550 Pine Valley Drive, City of Vaughan, Regional Municipality of York,
Humber River Watershed (CFN 59237). Response to proposals from
Mattamy and Services and Housing in the Province (SHIP) for a lease at
the BRE Innovation Park at Kortright to be located south of Major
MacKenzie Drive and west of Pine Valley Drive, municipally known as
9550 Pine Valley Drive, in the City of Vaughan, Regional Municipality of
York, Humber River watershed. TRCA staff recommend to enter into a 5 -
year lease (with three, 5 year options) with Mattamy and to enter into a 3 -
year lease (with three, 5 year options) with SHIP of Toronto and Region
Conservation Authority -owned land for the construction and occupation of
a research and demonstration building at the Innovation Park site at less
than market rent, recognizing other benefits of these leases.
(Executive Res. #8115/18)
Moved by: Jim Karygiannis
Seconded by: Glenn Mason
WHEREAS Toronto and Region Conservation Authority operates the Kortright Centre for
Conservation for the purposes of providing education, training and research activities
related to the environment and sustainability;
AND WHEREAS, to enhance research and training activities related to sustainable
building practices, TRCA is developing an Innovation Park at Kortright to undertake
scientific research and experimental development;
AND WHEREAS TRCA is in receipt of requests from Mattamy Homes and Services and
Housing in the Province (SHIP) to enter into lease agreements for the construction and
occupation of research and demonstration buildings to be located south of Major
MacKenzie Drive and west of Pine Valley Drive, municipally known as 9550 Pine Valley
Drive, City of Vaughan, Regional Municipality of York, Humber River watershed;
AND WHEREAS it is in the opinion of TRCA that it is in the best interest of TRCA in
furthering its objectives, as set out in Section 20 of the Conservation Authorities Act and
to reduce operating costs at Kortright, and to cooperate with Mattamy Homes and SHIP
in this instance;
THEREFORE LET IT BE RESOLVED THAT TRCA enter into a lease with Mattamy Homes
for the use of 0.0431 hectares (0.1021 acres), more or less, said land being Part 1 on a
survey prepared by Young and Young Surveying Inc. under their Project 18-137258,
municipally known as 9550 Pine Valley Drive, City of Vaughan, Regional Municipality of
York;
THAT the lease with Mattamy Homes is subject to the following terms and conditions:
(i) that the term of the lease be for five years together with three renewal options
each for a five-year period at the sole option of TRCA;
(ii) that rent be $500.00 per month with an annual increase of 2% throughout the
term of the lease plus HST;
(iii) that Mattamy Homes be responsible, subject to TRCA authorizations, for all
approvals (municipal, provincial, etc.) required for construction and operation
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of the proposed building; and
(iv) any other terms and conditions deemed appropriate by the TRCA staff and
solicitor,
THAT TRCA enters into a lease with SHIP for the use of 0.0324 hectares (0.0801 acres),
more or less, said land being said land being Part 6 on a survey prepared by Young and
Young Surveying Inc. under their Project 18-137258, municipally known as 9550 Pine
Valley Drive, City of Vaughan, Regional Municipality of York;
THAT the all legal, appraisal, survey and other costs incurred for the lease with SHIP be
paid by TRCA and that the lease be subject to the following terms and conditions:
(i) that the term of the lease be for three years together with three renewal options
each for a five-year period at the sole option of TRCA;
(ii) that rent be $500.00 per month with an annual increase of 2% throughout the
term of the lease plus HST;
(iii) that SHIP is to be responsible subject to TRCA authorizations for all approvals
required for construction and operation of the proposed building; and
(iv) any other terms and conditions deemed appropriate by the TRCA staff and
solicitor.
THAT said lease be subject to the approval of the Ministry of Natural Resources and
Forestry in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O.
1990, Chapter C.27, as amended, if required;
AND FURTHER, THAT authorized TRCA officials be directed to take the necessary action
to finalize the transaction, including obtaining any necessary approvals and the signing
and execution of documents.
CARRIED
Mfl
Section III — Items for the Information of the Board
RES.#A209/18 - DRAFT COMMENTS TO ENVIRONMENTAL REGISTRY OF ONTARIO
(ERO)
Bill 66, Restoring Ontario's Competitiveness Act, proposed
Open -For -Business Planning Tool (ERO #013-4125), and new regulation
under the Planning Act (ERO #013-4239). Toronto and Region
Conservation Authority's (TRCA's) draft comments on the Government of
Ontario's proposed Bill 66, open -for -business planning tool and a new
regulation under the Planning Act.
Moved by: Mike Mattos
Seconded by: Vincent Crisanti
WHEREAS the Province of Ontario has posted the proposed amendments to the Planning
Act as part of Bill 66, the Restoring Ontario's Competitiveness Act, for public comment on
the Environmental Registry of Ontario (ERO);
AND WHEREAS the Board of Directors requested a report and draft comments be
provided to the Board as soon as possible in 2019 given the January 20, 2019 deadline for
submission of comments;
LET IT THEREFORE BE RESOLVED THAT the Toronto and Region Conservation Authority
(TRCA) staff report and draft comments on the Ontario government's proposed
open -for -business planning tool and associated implementing regulation, be received and
that any comments from the Board of Directors be considered in informing TRCA's final
ERO submission.
CARRIED
BACKGROUND
On December 6, 2018, the Government of Ontario released a request for comments on the
Environmental Registry of Ontario (ERO) web page regarding two proposed changes to existing
legislation. The first item being considered is the proposed open -for -business planning tool, and
the second is the new regulation under the Planning Act for the open -for -business planning tool.
The commenting period is open until January 20, 2019.
TRCA has an ongoing interest in this process and the amendments proposed through this
legislation, given our experience and roles as a regulator under Section 28 of the Conservation
Authorities Act, a public commenting body under the Planning Act and the Environmental
Assessment Act. TRCA also derives interest as a resource management agency operating on a
local watershed basis, and a body with delegated authority in plan review to represent the
provincial interest for natural hazards.
The proposed legislation involves changes to the Planning Act to create a new economic
development tool, the open -for -business planning by-law (OFBPBL). The OFBPBL would be
available to all local municipalities to ensure they can act quickly to attract businesses seeking
development sites. In circumstances where there are major employment and economic growth
opportunities, municipalities could request to use an OFBPBL, provided certain criteria were
satisfied. If a request is endorsed, the municipality could then pass an OFBPBL through a
streamlined process. This process would:
659
• Allow municipalities to permit the use (for example, zone the lands) without having to strictly
adhere to existing local requirements (for example, official plan and zoning requirements);
• Remove the application of a separate approval process for site plan control;
• Remove ability to use density bonusing (community benefits in exchange for height or density)
and holding by-law provisions;
• Allow the municipality to impose limited planning -related conditions that may help to facilitate
the proposal (for example, approval of plans and drawings that show site plan matters like
transportation access, lighting, parking, and the like) and enter into agreements to ensure
development conditions are secured;
• Allow public consultation at the discretion of the municipality, while requiring public notice after
the by-law is passed (at a minimum);
• Provide that decisions are final and cannot be appealed to the Local Planning Appeal Tribunal
(but allow the Minister of Municipal Affairs and Housing to intervene before the by-law comes
into effect, 20 days after its passing); and
• Remove the requirement for decisions to strictly adhere to provincial policies and provincial
plans (but allow the Minister of Municipal Affairs and Housing to impose conditions to protect
matters like public health and safety when endorsing the use of the tool).
The regulation containing these criteria is not yet written, but would include details on the new
major employment use, identify the uses of land, buildings or structures that may be authorized by
the tool. The regulation would also prescribe how notice is to be given to the Minister of Municipal
Affairs and Housing following the passing of an OFBPBL.
At Executive Committee Meeting #10/18, held December 14, 2018, TRCA staff gave a verbal
update to the Board on the newly released provincial proposals. The Board requested that staff
bring a report and draft comments back to the Board as early as possible in the new year, given
that the deadline for comments to the posting on the Environmental Registry is January 20, 2019.
Accordingly, staff has "fast -tracked" their draft comments based on the comments from the
Executive Committee members, with limited additional internal or external discussion.
RATIONALE
The proposed changes to the Planning Act have significant implications for TRCA's role in
fulfilling its mandate and its role as a commenting agency under the Planning Act, and as a
regulator delegated to represent the provincial interest on natural hazards under the Conservation
Authorities Act. Bill 66 proposes a new OFBPBL process, which would enable municipalities to 1)
request to remove applications for employment purposes from Planning Act requirements, and 2)
remove the requirement for consistency with the Provincial Policy Statement, and 3) remove the
conformity requirements to major pieces of environmental legislation such as the Clean Water
Act, the Great Lakes Protection Act, the Greenbelt Act and the Oak Ridges Moraine Conservation
Act. The key concerns highlighted in the attached draft comments are as follows:
Public health risks from overriding significant threat policies of the Clean WaterAct without the
addition of appropriate safeguards;
Public health and safety risks from overriding natural hazards provisions of the Provincial
Policy Statement without the addition of appropriate safeguards; and
Creating confusion for stakeholders by allowing matters to proceed outside of the LPAT
process and long established processes related to public notification and consultation under
the Planning Act. This could include the potential for costly litigation outside of the LPAT
process.
••1
FINANCIAL DETAILS
The financial impact related to TRCA's review of Planning Act applications will be assessed once
more details on the Act and Plan and municipal responses is known. No additional funding is
proposed to support the policy analysis work associated with the preparation of these comments.
DETAILS OF WORK TO BE DONE
Upon endorsement by the Board of Directors of the staff comments, the attached draft comment
letter will be updated and submitted as TRCA's official comments to the ERO. Staff will continue
to brief the Board on other legislative changes that result from this circulation.
Report prepared by: Daniel Brent, extension 5774
Emails: daniel.brent(a)trca.on.ca
For Information contact: David Burnett, extension 5361
Emails: david.burnett(a)trca.on.ca
Date: January 2, 2019
Attachments: 1
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Attachment 1
Toronto and Region
�.� Conservation
Authority
January 3, 2019
BY E-MAIL ONLY (ken.petersen(@ontario.ca)
Mr. Ken Petersen
Provincial Planning Policy Branch
Ministry of Municipal Affairs and Housing
777 Bay St., 131h Floor
Toronto, ON M5G 2E5
Dear Mr. Petersen:
Re: Response to Request for Comments
Bill 66, Restoring Ontario's Competitiveness Act, 2018 (ERO #013-4293)
Proposed Open -for -Business Planning Tool (ERO #013-4125)
New Regulation Under the Planning Act (ERO #013-4239)
Thank you for the opportunity to comment on the Ministry of Municipal Affairs and Housing (MMAH)
circulation proposal for Bill 66 and the associated Open -for -Business planning tool and proposed future
regulation. Toronto and Region Conservation Authority (TRCA) has an ongoing interest in this process
given our experience and roles as:
• a regulator under Section 28 of the Conservation Authorities Act;
• a public commenting body under the Planning Act and the Environmental Assessment Act,
• a resource management agency operating on a local watershed basis;
• a body with delegated authority in plan review to represent the provincial interest for natural hazards;
and
• one of the largest landowners (18,000 hectares) in the Toronto Region.
It is our understanding that Schedule 10 of the proposed legislation involves changes to the Planning Act
to create a new economic development tool, the open -for -business planning by-law (OFBPBL). The
OFBPBL would be available to all local municipalities to ensure they can act quickly to attract businesses
seeking to advance proposals on development sites. In circumstances where there are major
employment and economic growth opportunities, municipalities could request to use an OFBPBL,
provided certain criteria were satisfied. The regulation containing these criteria is not yet written but would
include details on the new major employment use, identify the uses of land, buildings or structures that
may be authorized by the tool, and prescribe how notice is to be given to the Minister of Municipal Affairs
and Housing following the passing of an OFBPBL.
Our understanding of the intent of Bill 66, and Schedule 10 in particular, is that an approved OFBPBL
would have the effect of exempting applications under the Planning Act from having to be consistent with
the Provincial Policy Statement (2014). It would also exempt applications from having to conform to
policies in a number of other Provincial Acts, such as the Clean Water Act, the Great Lakes Protection
Act, the Greenbelt Act and the Oak Ridges Moraine Conservation Act, among others. Additionally, an
OFBPBL is only available to authorize uses of land for "prescribed purposes" (job creation), which have
not yet been defined and are to be prescribed by regulation at a later date.
TRCA offers the following comments for your consideration in finalizing the regulations and associated
documents.
T: 416.661.6600 i F: 416.661.6898 i info@trca.on.ca i 101 Exchange Avenue, Vaughan, ON L4K 5116 i www.trca.ca
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General Comments
The Provincial Policy Statement, the Acts listed above, and their associated policies and/or plans are vital
to the long-term sustainability, health, and safety of the people of Ontario and to fulfilling TRCA's mandate
under the CA Act. The PPS guides land use planning to serve the public interest and deliver development
that balances economic, environmental and social objectives. Without consideration of the PPS and area
specific Acts and Plans that have been promulgated over the last two decades to address areas of public
concern, the proposed OFBPBL tool could result in economic considerations outweighing of equally
important or more important public interests.
As currently proposed, these changes to the Planning Act significantly diminish our ability to achieve our
mandate particularly within our jurisdiction where growth pressures are significant, and the need to
protect drinking water, sensitive lands, and aquatic and natural heritage resources is great. At present, it
is unclear what criteria municipalities would have to meet before seeking approval to adopt this new
economic development tool. The proposed authorization for an OFBPBL uses only the single test of
present day job creation (50 or 100 jobs per population of less or greater than 250,000, and the types of
jobs are not defined) as the rationale for waiving an assessment that includes other equally important
considerations. Without the comprehensive tests afforded by the various pieces of identified legislation
and regulations, there could be inadvertent and undesirable impacts on the site itself, as well as to
adjacent and downstream properties, in the short term or over time. These impacts may include flooding,
groundwater contamination, loss of critical habitat function or linkages, and the loss of productive
agricultural lands that provide important environmental functions.
TRCA recommends that the province amend the draft Bill and regulations to require municipalities
to maintain the conformity/consistency requirements of the PPS, the SWPA and area specific
Plans such as the Oak Ridges Moraine Conservation Plan and Greenbelt Plan.
The Clean Water Act and Source Water Protection Policies
Several pieces of provincial legislation including the Greenbelt Act, the Oak Ridges Moraine Conservation
Act, and the Clean Water Act are in place to protect some of the most hydrologically sensitive lands in
Ontario. These lands capture, infiltrate and clean rainwater and snowmelt for storage in natural
underground aquifers, which then provide drinking water to hundreds of thousands of residents and their
communities that rely on groundwater. The Clean Water Act, which provides the legislative basis for
Source Water Protection Plans and their associated policies, is an essential tool necessary to avoid
another tragic contaminated water incident such as what occurred in Walkerton in 2000, which led to
multiple deaths and long-term illnesses for many hundreds of people.
Bill 66 proposes to override the need to conform to significant threat policies, which were mandated and
approved by the Province in Source Protection Plans under the Clean Water Act. Eliminating the ability to
guide land use planning decisions that protect clean, safe drinking water sources creates risks of more
contaminated water illnesses and in a worst case scenario loss of life. Further, Bill 66 is inconsistent with
the Province's recently proposed Made in Ontario Environment Plan, put forward by the Ministry of the
Environment, Conservation and Parks. The plan states, "We will protect these critical systems by using
water more sustainably and keeping our water and air clean while growing our economy."
TRCA recommends reinserting the requirement for compliance with the Clean Water Act and the
other Area Specific Acts noted above, to avoid risks to public health from contamination impacts
to ground water and aquifers relied upon for drinking water and ecosystem health.
Natural Hazard Risks from Flooding and Erosion
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TRCA is a commenting agency under both the Planning Act and the Environmental Assessment
Act, and a regulatory agency under the Conservation Authorities Act. The Conservation Authorities Act
provides the legal basis for TRCA's mandate to undertake watershed planning and management
programs that prevent, eliminate, or reduce the risk to life and property from flood hazards and erosion
hazards, as well as encourage the conservation and restoration of natural resources. TRCA also has a
delegated responsibility to represent the provincial interest on natural hazards under Section 3.1 of the
Provincial Policy Statement.
All new development has the potential to increase the risk of hazards to life and property from flooding
and erosion, and add to downstream cumulative impacts. Bill 66 with its employment focus would benefit
from recognizing the importance of the management of stormwater from increased impervious surfaces.
Historically, employment lands have increased impervious surfaces on up to 90% or more of a site,
requiring significant stormwater management infrastructure to minimize impacts from flooding and
erosion. Ensuring new development or redevelopment is not at risk from flooding or erosion is essential,
and must remain a basic principle in determining the feasibility of new development. Without proper
evaluation of these potential impacts, maintenance and operation costs will be uncertain creating risk.
Furthermore, downstream residential areas could face increasing flood risks, with the attendant costs and
liabilities attributed to the Province and municipalities involved in their review and approval. TRCA has
useful mapping tools and hydrology models to aid municipalities in evaluating these risks, managing them
with effective mitigation strategies and helping to decide on strategic locations where an OFBPBL could
be best utilized. TRCA has successfully worked with municipalities and the proponent to facilitate
development of major employment uses within tight timeframes including the Costco, Fed Ex, Canadian
Tire, and Home Depot distribution centers within the current planning framework outside of the Canadian
Tire distribution center in Caledon where a Minister's Zoning Order approach was applied. Very recently
TRCA has worked with municipalities to facilitate major employment uses on urban redevelopment sites
which provided retrofitting and restoration opportunities. Without a specific need to consider important
PPS and area specific plan requirements remediation and restoration opportunities that address
important matters of public safety and hazards could be missed resulting in costly impacts.
We recommend that Bill 66 and the implementing regulation require municipalities to work closely
with their local Conservation Authority and to obtain their sign off on the proposed conditions and
requirements to mitigate risks and protect downstream communities from flooding and erosion
hazards.
We recommend that any proposal only be considered by the Minister if it is at a minimum
consistent with Section 3.1 of the current 2014 PPS so as to protect public safety and to minimize
risk.
Consultation and Due Planning Process
Bill 66 proposes that an OFBPBL is not required to be subject to any public process, including the holding
of a public meeting / hearing or the ability to appeal decisions to the Local Planning Appeal Tribunal
(LPAT). Additionally, site plan approval by a municipality is not required, although similar conditions may
be imposed. A municipal council must first pass a resolution requesting that the Minister of Municipal
Affairs approve an OFBPBL. The Minister has the power to impose conditions on an approval, but a
municipality is not required to give public notice or hold a public meeting prior to the passing of an
OFBPBL. Only after passing the OFBPBL is the municipality required to give public notice within 30 days,
even though the by-law comes into force within 20 days after passing.
TRCA supports broad consultation and stakeholder engagement throughout the planning and
development process. In particular, conservation authorities (CAs) have long-established close working
relationships with local municipalities, and local municipalities regularly consult with CA staff, especially
where development occurs within a CA's regulated area. The approach of providing notice after the fact
creates a troubling precedent whereby municipal councils can bypass normal public notice requirements,
creating a situation where public and other private interests may not be given adequate consideration.
From a development review perspective, removing site plan approval by a municipality presents serious
concerns. The site plan stage is the time when approval agencies receive confirmation that the promises,
commitments and conceptual designs made during early stage discussions (stormwater management,
grading outside the natural heritage system, hazard land impacts, etc.) are shown that they can be
achieved. The site planning process is the time when development feasibility of the proposal on the site
needs to be proven. Sites with physical constraints need to be designed appropriately to meet technical
standards for public health and safety. Many recent applications proposed a development footprint within
site constraints, and benefit from a thorough site plan review process. Without site plan approval, design
proposals made at earlier stages will potentially not be followed through to construction and
implementation. Further, if the development is not required to obtain site plan approval from the
municipality, there will be the potential for confusion, as site plans will be required by CAs for final
permits, where development is within lands regulated by a CA.
The bill and future regulation need to incorporate a municipal pre-screening process involving the
CAs to confirm development limits, water management and the ability to appropriately address
physical site constraints in keeping with provincial standards.
Removing the ability to appeal an OFBPBL to the LPAT undermines the principle of due process within
the land use planning system in Ontario. A key purpose of the LPAT (formerly the Ontario Municipal
Board, or OMB) is to ensure that all parties' interests are adequately and fairly considered, including
those of the proponent, municipalities, agencies, and community members. Removing appeal
mechanisms limits the ability of municipalities and planning agencies to ensure the development will not
have negative impacts on the surrounding public, property, or environment.
Interestingly in some of our recent experiences involving employment lands it has been litigation between
opposing private interests, e.g., landowners opposing landowners to ensure previous landowner
agreements are upheld, or to ensure cooperation on servicing arrangements, cost sharing, equitable
allocation of community uses, etc. in addition to public interests that have characterized approval
processes. Currently, in our jurisdiction most landowners, where there is serviceable land, are part of cost
sharing and servicing arrangements premised linked to established Planning Act processes. The notice
and approval requirements allow landowners to self -police to allow equitable and orderly development of
communities and fair cost sharing. One unintended consequence of this legislation may be to create a
situation that would allow one private interest to benefit at the expense of other private interests resulting
in an inequitable approach to land development. We are concerned that this situation might result in an
individual landowner trying to shirk previous commitments around environmental conditions involving the
Conservation Authority and the landowner group.
As currently proposed, by removing or restricting the appeal process, Bill 66 removes the ability for the
voice of local communities and private interests to be heard. As the Bill is proposing that consultation with
the public is not required, and that the public only have a very limited amount of time to voice their opinion
during which time the OFBPBL can be passed, the public and private interests nearby, including
landowners, has been effectively removed from the process.
We recommend that the LPAT appeal process remain, even in an altered manner, in order to give
agencies, private interests and members of the public adequate channels to be engaged in the
protection of public health and safety matters and the shaping of their communities.
It is unclear how the OFBPBL tool will operate in the context of the current planning framework.
Municipalities have approved official plans with identified and designated employment lands based on full
servicing. Municipal, TRCA and private interests are also currently engaged in the Municipal
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Comprehensive Review (MCR) processes in our jurisdiction to identify the next generation of employment
(and residential) lands to accommodate growth and development to the 2041 planning horizon.
Accordingly, official plans have identified certain lands, based on public consultation, where other
community values take precedence, to identify areas that are not suitable for employment lands. Bill 66
and the OFBPBL seems to be able to override these approved plans to potentially site new employment
opportunities in unsuitable areas. The OFBPBL tool could be adjusted in scope to be used wisely to be
able to accelerate development approvals for employment lands, while respecting past planning
decisions.
We recommend that the Act and regulation clarify that an accelerated approvals process only be
allowed to occur on lands currently serviced and designated for employment in municipal official
plans.
Recommendations
1. TRCA recommends that the province require consistency with the PPS, SWPA and area
specific plans in the proposed regulation to ensure we can fulfill our mandate.
2. TRCA recommends that the consideration of use of an OFBPBL be geographically limited to
existing designated employment lands with access to full municipal sewer and water services
and proximity to 400 series highways and/or other major transportation corridors.
3. TRCA recommends that where an OFBPBL is to be considered for lands outside of existing
designated and serviced employment lands that only employment uses that are agriculture -
related or on-farm diversified uses should be permitted. This measure will help to maintain
the integrity of rural land uses in the Greenbelt.
4. If our first recommendation is not pursued in full, we recommend to include in the regulation
of "prescribed criteria" for an OFBPBL application, the following minimum requirements to
demonstrate that public health and safety issues will be addressed:
• Municipal drinking water supplies and designated vulnerable areas are protected;
• Appropriate considerations are incorporated to development and redevelopment
decisions, to ensure new natural hazards from flooding and erosion are not created and
existing hazards not aggravated, including review and sign off by the local CA prior to
Ministerial endorsement;
• Include requirements that no development or site alterations take place within a 30 metre
setback from Key Natural Heritage Features and Key Hydrologic Features; and
• That sites be pre-screened by a municipality, with approval from the local CA, to ensure
the development feasibility of the proposal in relation to the physical characteristics of the
site, so that public health, safety and natural hazard technical issues can be addressed
appropriately on the site to meet provincial standards.
5. That the future regulation needs to include additional specific details to provide clarity on:
• The types of employment uses that are permitted to use this fast -tracked process; and
• A shortened, but open and transparent regime of notice and public consultation under the
established Planning Act process.
Thank you once again for the opportunity to provide comments on this important initiative. Should you
have any questions, require clarification, or wish to meet to discuss any of the above remarks, please
contact David Burnett, Senior Manager, Provincial and Regional Policy, at extension 5361 or at
david.burnett(a)trca.on.ca. We would appreciate receiving specific written responses to our comments.
•••
Sincerely,
Carolyn Woodland, OALA, FCSLA, MCIP, RPP
Senior Director
Planning and Development
BY E-MAIL
cc:
TRCA: John MacKenzie, Chief Executive Officer
Chandra Sharma, Director, Watershed Strategies
David Burnett, Senior Manager, Provincial and Regional Policy
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RES.#A210118 - 2018 THIRD QUARTER EXPENDITURES REPORT
Receipt of Toronto and Region Conservation Authority's expenditures as
of the end of the third quarter, September 30, 2018 for information
purposes.
(Executive Res. #8116/18)
Moved by: Jim Karygiannis
Seconded by: Glenn Mason
THAT the 2018 Third Quarter Expenditure Report for the 9 -months ended September 30,
be received.
CARRIED
RES.#A211/18 - KIRBY ROAD EXTENSION ENVIRONMENTAL ASSESSMENT
Keele Street to Bathurst Street. TRCA staff are informing the Executive
Committee of their concerns with this undertaking as proposed and are
informing the Executive Committee that staff will be pursuing adjustments
to the preferred alignment with the City of Vaughan, proponent and
involved agencies.
(Executive Res. #8117/18)
Moved by: Jim Karygiannis
Seconded by: Glenn Mason
THAT this report be received.
CARRIED
Section IV — Ontario Regulation 166/06, As Amended
RES.#A212/18 - SECTION IV — ONTARIO REGULATION 166/06, AS AMENDED
Moved by: Jim Karygiannis
Seconded by: Glenn Mason
THAT Section IV Item 10.3 — Ontario Regulation 166/06, as amended, contained in
Executive Committee Minutes #10/18, held on December 14, 2018, be received.
CARRIED
••:
NEW BUSINESS
MOTION TO REOPEN
RES.#A213/18 - TRCA NEW ADMINISTRATIVE OFFICE BUILDING PROJECT
Moved by: Jennifer McKelvie
Seconded by: Mike Mattos
THAT TRCA New Administrative Office Building Project item, carried as RES.#A171/18, in
the October 26, 2018 Board of Directors Minutes #8/18, be reopened.
CARRIED
AMENDMENT
RES.#A214/18 -
Moved by: Paul Ainslie
Seconded by: Vincent Crisanti
THAT the first paragraph of the main motion be amended to read as follows:
THAT Contract #10008935 be awarded to Canadian Imperial Bank of Commerce ("CIBC"
or the "Lender") to provide construction and term financing for Toronto and Region
Conservation Authority's (TRCA) New Administrative Office Building Project in the City
of Toronto, it being the highest ranked proposal that best meets TRCA's requirements as
stipulated in the Request for Proposal;
THAT the following be inserted after the first paragraph of the main motion:
THAT authorized officials be directed to take the necessary action to execute
International Swaps and Derivatives Association (ISDA) documentation, for the purpose
of entering into interest rate swap agreements, as necessary, for the construction and
term financing. The term financing swap facilities shall be for a period not to exceed 30
years from the conversion date from construction financing to term financing with a
mutual put at the ten-year mark and every 5 years thereafter, as per CIBC's standard
credit practice. The stamping fee for these swap facilities shall be 74 basis points per
annum;
AND FURTHER THAT the second paragraph of the main motion be amended to read as
follows:
AND FURTHER THAT authorized officials be directed to take the necessary action to
implement credit agreements including the signing and execution of documents with the
Lender.
THE AMENDMENT WAS
THE MAIN MOTION, AS AMENDED, WAS
CARRIED
CARRIED
THE RESULTANT MOTION READS AS FOLLOWS:
K9
THAT Contract #10008935 be awarded to Canadian Imperial Bank of Commerce ("CIBC"
or the "Lender") to provide construction and term financing for Toronto and Region
Conservation Authority's (TRCA) New Administrative Office Building Project in the City
of Toronto, it being the highest ranked proposal that best meets TRCA's requirements as
stipulated in the Request for Proposal;
THAT authorized officials be directed to take the necessary action to execute
International Swaps and Derivatives Association (ISDA) documentation, for the purpose
of entering into interest rate swap agreements, as necessary, for the construction and
term financing. The term financing swap facilities shall be for a period not to exceed 30
years from the conversion date from construction financing to term financing with a
mutual put at the ten-year mark and every 5 years thereafter, as per CIBC's standard
credit practice. The stamping fee for these swap facilities shall be 74 basis points per
annum;
AND FURTHER THAT authorized officials be directed to take the necessary action to
implement credit agreements including the signing and execution of documents with the
Lender.
TERMINATION
ON MOTION, the meeting terminated at 10:36 a.m., on Friday, January 04, 2019.
Maria Augimeri
Chair
/am
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John MacKenzie
Secretary -Treasurer