The Corporation of the Township of Brock

Special Council Minutes

Monday, April 03, 2023 at 10:00 A.m. - 12:00 P.m.

Virtual Meeting

Members Present:

• Mayor Walter Schummer
• Regional Councillor Michael Jubb
• Ward 1 Councillor Peter Frank
• Ward 3 Councillor Angela Canavan
• Ward 4 Councillor Cria Pettingill
• Ward 5 Councillor Lynn Campbell

Members Absent:

• Ward 2 Councillor Claire Doble

Staff Present:

• CAO Ingrid Svelnis
• Deputy Clerk Janean Currie
• Clerk's Assistant Deena Hunt
• Clerk's Assistant, Stefanie Stickwood
• Director of Public Works Paul Lagrandeur
• Manager Facilities and IT, R. Wayne Ward
• Director Development Services Robin Prentice
• Sr. Financial Analyst/Deputy Treasurer Daniel Cooke

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1.

Zoom Link (agenda only)

2.

Call to Order - 10:00 a.m.

Mayor Schummer called the meeting to order at 10:00 a.m. and a quorum was present.

3.

Land Acknowledgement Statement

It is important to begin each public gathering with a Land and Territorial Acknowledgement, to recognize the Indigenous people for being good stewards of the land and environment, here where we are meeting today. The Township of Brock has traditionally been a hunting and fishing ground for First Nations people. We reside on and benefit from the Williams Treaty Territories, on the land of the Mississaugas and Chippewas. May we share the land as long as the sun rises, the grass grows and river flows.

4.

Disclosure of Pecuniary Interest and Nature Thereof

None.

5.

Workshop Presentations - Development Charges

Andrew Mirabella and Nataliya Kelbas, Senior Consultants, Hemson Consulting provided a presentation with respect to Development Charges which included the following:

• Overview of Development Charges (DC's)
  • imposed on development to fund 'growth-related' capital costs to maintain service levels (new infrastructure)
  • other available funding tools:
    • Community Benefits Charges (was known as Section 37 density bonusing for high density type developments)
    • Parkland Dedication
    • direct developer contributions (eg. internal roads as part of the subdivision agreement)
    • property taxes
• Development Charges Legislation
  • DC's are imposed by By-law and renewed on a regular basis
  • newly enacted By-laws now have a optional maximum life of 10 years (prior to Bill 23, maximum life was 5 years)
  • a background study and public meeting must precede the passing of the DC by-law
  • DC By-laws have a right of appeal within the 40 day period following enactment
  • Bill 23, More Homes Built Faster Act, 2022 - focus on building affordable housing - 1.5 million homes in next 10 years
    • mandatory 5 year phase-in of all new DC rates (the total DC imposed by by-law) affecting by-laws passed since January 1, 2022
      • rates for year 1 is 80%, year 2 is 85%, year 3 is 90%, year 4 is 95%  and year 5 is 100%
    • rental housing developments have tiered DC discount
      • 3+ bedrooms is 25%, 2+ bedrooms is 20%, and 1 bedroom is 15%
    • affordable inclusionary zoning units and non-profit housing are exempt from DC's
    • exemptions for affordable and attainable (awaiting definition)
    • cost of studies no longer recoverable through DC
    • must spend or allocate at least 60% of reserve fund balances each year for water, wastewater, and roads DC
  • DC eligible services - some categories have been removed from eligibility
  • DC Study Process and current rates in force
  • DC Process in Brock (2019) - commenced in February 2019, enacted By-law on May 6, 2019
  • sample Capital programs from 2019 with DC eligible share
  • spending DC Reserves and Key considerations
  • residential completions and forecast (2008 - 2028)
  • summary of DC Reserves - Library, Parks and Recreation
  • overview of proposed arena expansion - DC share must be growth-related and will be recalculated when the final design plan is agreed upon 

Council provided the following questions:

• does the phase-in period begin again when enacting a new DC By-law
• should the Township use up the roads reserves
• how can municipalities remain 'whole' with these DC changes
• how can the scope of the DC projects be changed
• are sidewalks eligible if they expand the network
• can financing costs due to uncollected DC's be recovered
• will the next DC Background study be covered by DC's
• what is the logic for charging DC's as a flat rate for residential versus per square metre
• can service categories within the DC By-law be different rates

• Resolution: C-2023-072
  Moved by Councillor Pettingill
  Seconded by Councillor Canavan

  BE IT RESOLVED THAT Development Charges 101 Workshop, presented by Hemson Consulting be received. 

  CARRIED

6.

Notice of Motion

6.1

Reconsideration Motion -  Resolution # C-2023-018,  February 27, 2023, expropriation proceedings on four (4) identified properties

(2/3 support)

• Resolution: C-2023-073
  Moved by Councillor Pettingill
  Seconded by Councillor Frank

  BE IT RESOLVED THAT Council direct staff to vote on the following resolution;
  WHEREAS Council had passed Resolution # C-2023-018 on February 27, 2023, authorizing staff to initiate expropriation proceedings on four (4) identified properties, and
  WHEREAS staff have received additional legal advice with respect to the expropriation of the subject property known as Maplewood Avenue – Part Lot 16, Concession 5, Thorah (PIN # 72039-0035).
  BE IT THEREFORE RESOLVED THAT Council reconsider the matter of expropriation proceedings for the subject property known as Maplewood Avenue – Part Lot 16, Concession 5, Thorah (PIN # 72039-0035).

  CARRIED

7.

Closed Session

• Resolution: C-2023-074
  Moved by Regional Councillor Jubb
  Seconded by Councillor Canavan

  BE IT RESOLVED THAT Special Council proceed into a Closed Meeting at 11:35 a.m. to discuss the following matters:

  • a proposed or pending acquisition or disposition of land by the municipality or local board pursuant to Section 239(2)(c) of the Municipal Act with respect to Maplewood Avenue
  CARRIED

8.

Rise from Closed Session

• Resolution: C-2023-75
  Moved by Regional Councillor Jubb
  Seconded by Councillor Canavan

  BE IT RESOLVED THAT Council rise & report from the Closed meeting at 11:46 a.m.; and
  THAT Council endorse all direction provided to staff at the Closed meeting held on April 3, 2023.

  CARRIED
• Resolution: C-2023-76
  Moved by Councillor Pettingill
  Seconded by Councillor Frank

  WHEREAS Council had passed Resolution # C-2023-018 on February 27, 2023, authorizing staff to initiate expropriation proceedings on four (4) identified properties, and

  WHEREAS staff have received additional legal advice with respect to the expropriation of the subject property known as Maplewood Avenue – Part Lot 16, Concession 5, Thorah (PIN # 72039-0035).

  BE IT THEREFORE RESOLVED THAT Council direct staff, that prior to commencing any expropriation proceedings with respect to the subject property known as Maplewood Avenue – Part Lot 16, Concession 5, Thorah (PIN # 72039-0035);
  THAT Council direct staff to first proceed and attempt with other legal forms of acquiring their interest on the subject property known as Maplewood Avenue – Part Lot 16, Concession 5, Thorah (PIN # 72039-0035).

  CARRIED

9.

Public Questions and Clarification

None.

10.

Confirmation By-law

By-law Number 3181-2023 - to confirm the proceedings of the Council of the Corporation of the Township of Brock at its meeting held on April 3, 2023.

• Resolution: C-2023-077
  Moved by Regional Councillor Jubb
  Seconded by Councillor Frank

  BE IT RESOLVED THAT By-law Number 3181-2023, being a By-law to confirm the proceedings of the Council of the Corporation of the Township of Brock at its meeting held on April 3, 2023, be taken as read, enacted and signed by the Mayor and Clerk/Deputy CAO. 

  CARRIED

11.

Adjournment

• Resolution: C-2023-078
  Moved by Councillor Canavan
  Seconded by Councillor Campbell

  BE IT RESOLVED THAT the meeting of Council adjourn at 11:55 a.m.

  CARRIED