35 Alice Street, Brighton ON KOK 1H0 Council Agenda

35 Alice Street, Brighton ON KOK 1H0

Meeting Date: August 12, 2019

Location: Council Chambers

Time: 6:30 PM

Council Agenda

Page

1. Call to Order

2. Approval of Agenda 2.1. Approval of the August 12, 2019 Council Agenda

3. Declarations of Pecuniary Interests and the General Nature Thereof

4. Announcements 4.1. Highway of Heros Bike Ride

2019 Highway of Heros Ride - Road Request Letter

2019 Highway of Heros Ride - Road Map

Highway of Heroes Bike Ride -Application for road use or special event

6 - 12

5. Adoption of Minutes 5.1. Special Meeting of Council Minutes July 3, 2019

Special Council Meeting - 03 Jul 2019 - Minutes - Pdf

13 - 15

5.2. Special Meeting of Council Minutes July 9, 2019


16 - 17

5.3. Special Meeting of Council Minutes July 10, 2019


18 - 19

5.4. Council meeting Minutes July 15, 2019

Council Meeting - 15 Jul 2019 - Minutes - Pdf

20 - 28

5.5. Council Planning meeting Minutes July 17, 2019 meeting

Minutes

Council PLANNING Meeting - 17 Jul 2019 - Minutes - Pdf

29 - 33

Page

Agenda: Municipality of Brighton Council Meeting Monday, August 12, 2019

6. Statutory Public Meeting 6.1. Public consultation on the 2019 Development Charges Study

2019 Brighton Development Charges Background Study

Development Charges Background Study Presentation

34 - 197

7. Delegations/Presentations 7.1. Catherine Barr - Representing the Municipal Property

Assessment Corporation (MPAC)

7.2. Nancy Penrose to address Council regarding the Brighton off

leash recreation area for dogs.

Delegation Form - Nancy Penrose

198

8. Citizens Comments

9. Staff Reports 9.1. Curling Club Roof Replacement Tender Report

Curling Club Roof Replacement Tender Report - Pdf

199 - 200

9.2. Physician Recruitment Partnership Program Agreement

Physician Recruitment Partnership Program Report and Agreement

201 - 204

9.3. Sign Control By-Law #143-2003

Output Document - Pdf

205 - 229

9.4. Rate Of Speed By-Law

Output Document - Pdf

230 - 281

9.5. Procurement Policy Review Report

Procurement Policy Review Report - Pdf

282 - 322

10. Notice of Motions & Motions 10.1. Notice of Motion

Moved by - Councillor Douglas LeBlanc

Seconded by - Councillor Mark Bateman

Motion:

Brushing and tree removal:

1. Brushing and tree removal at roadway intersections for improved field of view and safety.

2. Approval of spending of up to $120,000.

3. Recommended brushing locations by Staff.

Page 1 of 371

Page


4. Work to be completed by December 1, 2019. 10.2. Notice of Motion



Motion:

Designated Staff/Bylaw Enforcement Officer, reviews with Codrington Pit Operation management that all trucking vehicles are adhering to the transportation routes as stipulated in “The Agreements of Operation”

10.3. Notice of Motion



Motion:

Designated Staff, Revises Municipal Purchasing terms to include:

1. Time & Materials Standing Offers Agreements by municipal vendors to be considered

“same-as” a tender. Values not to exceed amounts approved by council.

2. Staff report, on the in-place Municipal Managements’ spending approval levels and if

adjustments are required to improve town efficiencies.




Motion:

Staff to prepare report that is a cost benefit review of new fire hall rental vs ownership.




Motion:

Downtown Painting and Roadway Marking:

1. Painting of curbs, parking lines and designated handicap spaces.

2. Repainting roadway center lines, stop lines, crosswalks.

Page 2 of 371

Page



4. Work to be completed by Sept 15, 2019. 10.6. Notice of Motion



Motion:

Staff to report on the Pet Waste Stations feasibility:

1. Benefits of Pet Waste Stations

2. Recommended waste bags material

3. Recommended locations within the Municipality

4. Acquisition and Installation cost per Pet Waste Station

5. Installation timing.

11. Unfinished Business

12. By-Laws 12.1. By-law to establish a Rural Broadband - Internet Committee

By-law 000-2019- Rural Broadband Committee

RURAL BROADBAND COMMITTEE - TERMS OF REFERENCE

323 - 325

12.2. Authorizing By-law

Bylaw for Drain Bros. Excavating Ltd. - August 12 meeting

326

12.3. Procurement Policy By-law

Procurement Bylaw

327 - 366

13. Reports of Advisory Committees of Council Reports/Minutes & Council Reports

14. Reports/Minutes of Statutory Committees, Boards & External Agencies

15. Correspondence, Direction Items, Endorsements, Communications/Petitions

15.1. Support for Rail Safety Week.

Resolution in Support of Rail Safety Week.

367 - 368

15.2. Support for a resolution recommending that the International

Joint Commission Plan be rescinded.

Resolution from the Village of Sodus

369 - 370

Page 3 of 371

Page


15.3. Support for an investigation into the flooding events that affected communities along the shoreline of Lake Ontario.

Resolution - Corporation of the Town of Cobourg

371 - 372

16. FYI Correspondence

17. Question Period

18. In Camera Session 18.1. Pursuant to the Ontario Municipal Act, 2001 as amended,

Subsection 239 (2(b)) personal matters about an identifiable individual, including municipal or local board employees.

19. Confirmatory By-Law 19.1. Confirm the proceedings of the August 12, 2019 Council

meeting.

20. Adjournment 20.1. Adjournment of the August 12, 2019 Council meeting.

Page 4 of 371

28 Currie St., Unit 24, Barrie, ON L4M 5N4

Municipality of Brighton 35 Alice Street, Brighton, ON K0K 1H0

This letter is to serve as the formal request for permission to use the roads within the

Township of Brighton for the Wounded Warriors Highway of Heroes Bike Ride on

Saturday August 24th and Sunday August 25th, 2019. This charity ride is a fundraiser

for the Wounded Warriors project to bring awareness to stress injuries like Post-

Traumatic Stress Disorder.

Day One – Saturday, August 24th , 2019 – from 9:00AM to 12:00PM Ride start location: CFB Trenton, ON – Afghanistan Memorial Ride finish location: Bowmanville, ON Road Usage within the County of Northumberland:

- Telephone Rd beginning in Trenton, ON

- Alexander Rd south from Hwy 3 to Little Lake Road

- Little Lake Road west to Purdy Rd

- Purdy Rd west to Orchard Rd west

- Orchard Rd west to Telephone Rd west to Shelter Valley Rd

- Shelter Valley Rd south to County Rd 2

- Workman Rd north to Elgin St E west (Cobourg)

OPP Services will be contracted to assist at locations where traffic is of concern. All

cyclists will obey the rules of the road and we are NOT requesting any road or lane

closures. An insurance certificate with will be forth coming.

When your staff is satisfied with the details of the event, we request a letter, or email, of

support for the event.

Page 6 of 371

28 Currie St., Unit 24, Barrie, ON L4M 5N4

Thanks in advance for all of your support, and we look forward to a safe and successful event. Regards, Greg Rawson Ride Director Cell: (289)980-2843

www.woundedwarriors.ca

Page 7 of 371

http://www.woundedwarriors.ca/

SIgn Up

2019 HHR - Day One - 80km · Ride with GPS Page 1 of 1

2OfrHHR ài One - 80km

2019 HHR-Day One-80kmBy JayVee

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Turn left orta TelephoreRd/Regional Rd 42

Turn left onto Christiani Rd

Turn right orto Tetephore Rd

Turn left onto Courty Rd 26

Turn left onto Courty Rd 30

Turn rght onto Darman St

Turn left onto Kingsley Ave

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Turn left onto Ontario St

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Page 8 of 371

iiui’iii’oIN I APPUCAUON FOR ROAD USE FOR SPECIAL EVENT$

Name of Event: Highway of Heroes Organization: Wounded WarriorsApplicant’s Name: Greg Rawson Position: Event ManaoerMailing Address: 28 Currie SI, Unit 24, Barrie, ON, L4M5N4Telephone No.: (289)980-2843 I Fax: I Email: gregcEimultispoflcanada,i

TYPE OF SPECJAL EVENTn Parade ‘i/Bicycle Race a Walk-A-mon a Procession a Street Festivities

a Running Event D Sidewalk Sale a Other (specify)Route (roads) hltps:!/hdewithgps.comlroutes!3049691 1 (Map for route including cuesheet onCounty Road Numbers(A map showing the locations of the road closure must be attached.)Signage required: a Yes I o No Date signs will be picked up by:________________(A map showing the locations of the signs must be attached.)Date of Event: Aug 24&25, 2O1vent Start Time 9:00 am/pm Event Finish 3:00 am/pmLLBO Event’4o aYes (permit to be attached) Number of Participants: 150Number of washrooms provided: I Security after 8:00 pm provided by:This event requires a Road Closure aYes 1!Ao

Time to close road: am/pm Time to re-open road: am/pm

‘,map showing the locations oftvApproval from O.P.P.

Approval from the Health Unit(if selling/serving food)

u.Approval from the Fire Chief

This form is to be delivered to the MUNICI A OF BRIGHTON, Clerk’s Department, 35 Alice Street,Brighton, ON, 1<0K 1HO — Fax 613-475-3453 — NO LATER THAN iWO (2) WEEKS PRIOR TO THEEVENT. Please note — more time may be required for summer events. Please check with the PublicWorks department for exact requirements.

Check List: Please attach the following mandatory documentation:‘%kertificate of Public Liability Insurance attached — Minimum $2,000,000.00 (with loss

payable to the Municipality of Brighton)the road closur

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This section to be completed by the Municipality of Brighton:

Road Closing By-Law Required Yes______ No________

Approved by Public Works Department: Signatur

_______________

Date

____________

Municipal Approval: Signature_________________________________ Date ?d

Page 9 of 371

Municipality of Brighton35 Alice Street, Brighton, ONKOK 1HO

This letter is to serve as the formal request for permission to use the roads within the

Township of Brighton for the Wounded Warriors Highway of Heroes Bike Ride on

Saturday August 24th and Sunday August 25th, 2019. This charity ride is a fundraiser

for the Wounded Warriors project to bring awareness to stress injuries like Post-

Traumatic Stress Disorder.

Day One — Saturday. August 24th , 2019—from 9:00AM to 12:00PM

Ride start location: CFB Trenton, ON — Afghanistan Memorial Ride finish location:Bowmanville, ON

Road Usage within the County of Northumberland:- Telephone Rd beginning in Trenton, ON- Alexander Rd south from Hwy 3Gto Little Lake Road- Little Lake Road west to Purdy Rd- Purdy Rd west to Orchard Rd west- Orchard Rd west to Telephone Rd west to Shelter Valley Rd- Shelter Valley Rd south to County Rd 2- Workman Rd north to Elgin St S west (Cobourg)

app Services will be contracted to assist at locations where traffic is of concern. All

cyclists will obey the rules of the road and we are NOT requesting any road or lane

closures. An insurance certificate with will be forth coming.

When your staff is satisfied with the details of the event, we request a letter, or email, of

support for the event.

28 Currie St., Unit 24, Barrie, ON L4M 5N4 Page 10 of 371

2019 HHR - Day One - 80km · Ride with GPS Page 1 of I

2OIWHHR -°bYâ’ One - 80km

2019 HHR - Day One -

80kmBy JayVee

Cuesheet

Continue onto RCAF Rd

Turn left onto Curtis Rd

Continue onto Dixon Dr

Turn right onto FrDnt SUCounty Rd33 (signs (or ON-401)

3.8 km

Turn left onto Store St 5.1 km

— Turn right onto Wooler Rd 5.2 km

Turn left onto Telephone4- Rd/Regional Rd 42

Turn left onto Christiani Rd 1 2.4 km

.. Turn right onto Telephone Rd 12.5km

.. Turn left onto County Rd 26 17.8 km

Turn left onto County Rd 30 20.1 km

Turn right onto Dorman St 21.9 km

— Turn left onto Kingsley Ave 22.1 km

Continue onto King St W 35.2 km

t Turn left onto Ontario St 35.6 km

Continue onto Lakeport Rd 39.3 km

Continue onto Beach Rd/Wicklowt 43.1 km

Beach Rd

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Page 11 of 371

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CSIO CERTIFICATE OF LIABILITY INSURANCE

This certificate is issued a; a mane, of infonnadoci only and corder, no right, upon the certificate holder and imposes no liability on the insurer.

This cenificat. doe, not amend, extend or aiter the coverage afforded by U,. policies b.iow.

1. CERItFICATE H8R-KAlANO KAAJCAWRESS I 2.1 WSURES FULL NMEAIIO IIMLIC ADDRESS

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Brighton,_ON

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Page 12 of 371

Corporation of the Municipality of Brighton

Special Council Meeting Minutes

July 3, 2019

6:00 PM

The Council of the Corporation of the Municipality of Brighton met in Council Chambers on the above date at 6:30 p.m.

Members present: Mayor Brian Ostrander, Deputy Mayor Laura Vink, Councillor Ron Anderson, Councillor Mark Bateman, Councillor Doug LeBlanc, Councillor Emily Rowley and Councillor Mary Tadman

Staff present: Bob Casselman, CAO/Deputy Clerk

1. Call to Order 1.1. The meeting was called to order at 6:00 p.m.

2. Approval of Agenda 2.1. Approval of the Special Meeting July 3, 2019 Resolution No. 2019-467

Moved by Councillor Mark Bateman

Seconded by Deputy Mayor Laura Vink

That Council approve the July 3, 2019 Special meeting agenda as presented.

Carried


4. Topic of Special Council meeting 4.1. Closed Session for Council training regarding Mature

Neighbourhood Study, Official Plan and Zoning By-law Updates.

5. Closed Session 5.1. Pursuant to the Ontario Municipal Act, 2001 Subsection

239(3.1) a meeting to be held for the purpose of educating and training the members of Council; and Subsection 239(2(b)) personal matters about an identifiable individual, including municipal or local board employees; policy review.

Resolution No. 2019-468

Moved by Councillor Doug LeBlanc

Seconded by Councillor Emily Rowley

That Council resolve itself into Closed Session July 3, 2019 at 6:02 p.m., pursuant to the Ontario Municipal Act, 2001 Subsection 239 (3.1) and Subsection 239(2(b).

Carried Resolution No. 2019-469

Moved by Deputy Mayor Laura Vink

Seconded by Councillor Mark Bateman

That Council rise and report from Closed Session July 3, 2019 at 8:00 p.m.

Carried

6. Resolutions Brought Forward From Closed Session 6.1. Payment of invoices submitted for brushing and to

Page 13 of 371

July 03, 2019 Municipality of Brighton

Special Council Meeting

complete a brushing contract. Resolution No. 2019-470



That Council authorize the Mayor and the Treasurer to approve payment of invoices submitted to date for Brushing and to complete the Brushing Contract utilizing an Equipment Roster for the hourly rental of equipment.

That Council authorize a variance to Purchasing Policy By-law #371-2006 to allow the Director of Public Works to complete Works for Ditching, Road Grading/Graveling, and Surface Treatment utilizing an Equipment Roster for the hourly rental of equipment and the purchase of aggregate.

For Against Abstained COI Absent

Mayor Brian Ostrander x Deputy Mayor Laura Vink x Councillor Ron Anderson x Councillor Mark Bateman x Councillor Doug LeBlanc (Moved By)

x

Councillor Emily Rowley (Seconded By)

x

Councillor Mary Tadman x

7 0 0 0 0

CARRIED.

7. Question Period

8. Confirmatory By-Law 8.1. Confirm the proceedings of the July 3, 2019 Special

Council meeting. Resolution No. 2019-471


Seconded by Councillor Ron Anderson

That Council gives a by-law its first, second and third reading and finally passes on this date; being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council meeting held on July 3, 2019.

Carried

9. Adjournment 9.1. Adjournment of the July 3, 2019 Special Council meeting Resolution No. 2019-472

Moved by Councillor Ron Anderson


That the July 3, 2019 Special Council meeting adjourn at 8:02 p.m.

Carried

Brian Ostrander, Mayor Bob Casselman CAO/Deputy

Clerk

Page 1 of 2Page 14 of 371






July 9, 2019

12:30 PM


Members present: Mayor Brian Ostrander, Councillor Ron Anderson, Councillor Mark Bateman, Councillor Doug LeBlanc, Councillor Emily Rowley, Councillor Mary Tadman, and Deputy Mayor Laura Vink

Staff present: Bob Casselman, CAO/Deputy Clerk; Preston Parkinson, Director of Public Works and Infrastructure; Scott Poole, Manager of Capital Infrastructure

Members Absent:


2. Approval of Agenda 2.1. Approval of Special Council Meeting July 9, 2019 Resolution No. 2019-473



That Council approve the July 9, 2019 Special Council meeting agenda as presented or amended.

Carried


4. Topic of Special Council meeting 4.1. Closed Session for Council and Senior Staff Facility Tour


239(3.1) a meeting to be held for the purpose of educating and training the members of Council, and, at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council.




That Council resolve itself into Closed Session July 9, 2019 at 12:41 p.m., pursuant to the Ontario Municipal Act, 2001 Subsection 239 (3.1).



Seconded by Councillor Mary Tadman


Carried

6. Resolutions Brought Forward From Closed Session Page 16 of 371



6.1. The release of information about the "Facility Tour" Resolution No. 2019-476



That Council authorize the Mayor to release information about the "Facility Tour" and land use planning training meetings.

Carried


Council meeting Resolution No. 2019-477



That Council gives a by-law its first, second and third reading and finally passes on this date; being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council meeting held on July 9, 2019.

Carried

8. Adjournment 8.1. Adjournment of the July 9, 2019 Special Council meeting Resolution No. 2019-478




Carried

Brian Ostrander, Mayor Bob Casselman, CAO/Deputy

Clerk




July 10, 2019

6:00 PM


Members present: Mayor Brian Ostrander, Councillor Ron Anderson, Councillor Mark Bateman, Councillor Doug LeBlanc, Councillor Emily Rowley, and Deputy Mayor Laura Vink

Staff present: Bob Casselman, CAO/Deputy Clerk

Members Absent: Councillor Mary Tadman

1. Call to Order 1.1. The Special Meeting of Council was called to order at 6:00

p.m.

2. Approval of Agenda 2.1. Approval of the Special Meeting Agenda for July 10, 2019 Resolution No. 2019-479



That Council approve the July 10, 2019 Special Meeting Agenda as presented or amended.

Carried

3. Declarations of Pecuniary Interests and the General Nature Thereof 3.1. None declared.

4. Topic of Special Council meeting 4.1. Closed session for Council training regarding Development

Process


239(3.1) a meeting to be held for the purpose of educating and training the members of Council, and, at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council.




That Council resolve itself into Closed Session July 10, 2019 at 6:01 p.m., pursuant to the Ontario Municipal Act, 2001 Subsection 239 (3.1).


Moved by Councillor Emily Rowley

Seconded by Councillor Doug LeBlanc


Carried

6. Resolutions Brought Forward From Closed Session 6.1. Release of the amended presentations from the closed

Page 18 of 371



session. Resolution No. 2019-482



That Council authorizes the release of the presentations from the closed session meetings held on July 3rd and July 10th, 2019 including information about land use planning processes, and policies to the public.

Carried


Council Meeting. Resolution No. 2019-483



That Council gives a by-law its first, second and third reading and finally passes on this date; being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council Meeting held on July 10, 2019.

Carried

8. Adjournment 8.1. Adjournment of the July 10, 2019 Special Council Meeting Resolution No. 2019-484




Carried

Brian Ostrander, Mayor Bob Casselman, CAO/Deputy

Clerk



Council Meeting Minutes

July 15, 2019

6:30 PM



Staff present: Bob Casselman CAO; Rick Caddick, Fire Chief; Jim Millar, Director of Parks & Recreation; Linda Widdifield, Director of Finance & Administrative Services; Preston Parkinson, Director of Public Works; Scott Poole, Manager of Capital Infrastructure, and, Patrick Silvestro, Deputy Clerk


2. Approval of Agenda 2.1. Approval of the July 15, 2019 Council Agenda Resolution No. 2019-485



That Council approve the July 15, 2019 Council Meeting Agenda as presented or amended.

Carried

3. Declarations of Pecuniary Interests and the General Nature Thereof 3.1. None declared.

4. Announcements 4.1. Quinte Access has announced a new public transit

route in Brighton.

Councillor Mary Tadman announced the new public transit route provided by Quinte Access that would include the

Municipality of Brighton. The buses will run from 9:00

a.m. to 3:00 p.m. on Sundays from July until

November with stops in a variety of places throughout

the Municipality; there is no fee to users of this

service.

5. Adoption of Minutes 5.1. Council meeting June 3, 2019 minutes Resolution No. 2019-486



That Council approve the June 3, 2019 Council meeting minutes as presented or amended.

Carried 5.2. Planning meeting June 10, 2019 minutes

Page 20 of 371


Council Meeting




That Council approve the June 10, 2019 Planning meeting minutes as presented or amended.

Carried 5.3. Special Council meeting June 17, 2019 Resolution No. 2019-488



That Council approve the June 17, 2019 Special Council meeting minutes as presented or approved.

Carried 5.4. Council meeting June 17, 2019 minutes Resolution No. 2019-489



That Council approve the June 17, 2019 Council meeting minutes as presented or amended.

Carried

6. Statutory Public Meeting 6.1. No Statutory Public Meeting.

7. Delegations/Presentations 7.1. Monty Bourke, in support of maintaining the prohibition of

Firearm Discharge on Sundays.

Monty Bourke delegated to Council in support of maintaining the prohibition of Firearm Discharge on Sundays.Many members of the public signed documents to support the prohibition.




That Council receive the delegation from Monty Bourke regarding support of maintaining the prohibition of Firearm Discharge on Sundays.

Carried 7.2. Larry Kinar and Craig Hayward to discuss the current state

and possible re-build of Walas Street and Marina Drive.

Larry Kinar and Craig Hayward presented a Power Point presentation to make a case for the re-build of Walas Street and Marina Drive




That Council receive the delegation from Larry Kinar and Craig Hayward regarding the current state and potential rebuild of Walas Street and Marina Drive.

Carried 7.3. Hannah MacAusland (and on behalf of Hana Haytaoglu) to

seek Council approval for funding and/or sponsorship so that they can represent the Municipality of Brighton as a part of Team Canada in various international science fairs.



Council Meeting

Hannah MacAusland spoke on behalf of herself and Hana Haytaoglu; she informed Council of the activities they would be participating in at national and international science fairs as they represent the Municipality of Brighton.




That Council receive the delegation from Hannah MacAusland (and on behalf of Hana Hataoglu) regarding funding for international science fairs.

Carried

8. Citizens Comments 8.1. No citizens comments.

9. Staff Reports 9.1. Russell, Napier and Monck - Additional funding request. Resolution No. 2019-493



That Council approve the additional funds to Contract PW- 2018-14 Russel Napier and Monck Reconstruction in the amount of $143,065; and

That Council authorize staff to fund the Monck Street Storm Sewer extras from the Federal Gas Tax Reserve Fund; and

That Council authorize staff to transfer $8,880.00 from the Public Works Reserve for the additional pavement work on Russell Street.

Carried 9.2. Entrance Permit Application and Process Resolution No. 2019-494



That Council approve the new Entrance Permit process and fee structure.

Carried 9.3. Movies in the Park Program Resolution No. 2019-495



That Council direct staff to spend up to $2,000 from the Community Events Reserve Fund Account to cover any budgetary shortfall in funding the new Movies in the Park initiative this summer.

Carried

9.4. Results of Tender#2019-07 Asphalt Work at Parks Properties




That Council award the asphalt paving tender # 2019-07 to Drain Brothers Excavating of Lakefield, Ontario for a bid price before HST of $ 74,450.00 and direct staff to create a By-law allowing



Council Meeting

for the Mayor and CAO to enter into an agreement with Drain Brothers Excavating Ltd. for this work, and, further direct staff to resurface the Mount Hope Cemetery portion in 2019 and the Ontario Street boat launch portion in 2020.

Carried 9.5. Finance and Administration Department

Promotional Advertising Requests Resolution No. 2019-497



That Council supports promotional advertising in the Anavets Magazine in the amount of $599.00, plus tax, and

That Council supports promotional advertising in the National Wall of Remembrance publication in the amount of $399.00, plus tax

Carried 9.6. 2019 Second Quarter Report Resolution No. 2019-498



That Council receives the 2019 second quarter financial report as information.

Carried 9.7. Clerks Department

Summer Council Meeting Schedule Resolution No. 2019-499



That Council suspend the Procedural By-law 126-2018 Section 4.2(d) and 4.3(d), to move the August Council and Planning meetings from the third of week to the second week of August (August 12th Regular Council meeting and August 14th Council Planning meeting).

Carried 9.8. 2019 Department Work Plans - Second Quarter Report Resolution No. 2019-500

Moved by Councillor Mary Tadman


That Council approve the 2019 Department Work Plan Second Quarter Report as outlined in Schedule 1.

Carried

10. Notice of Motions & Motions 10.1. Notice of Motion



Motion:

Brushing and tree removal:

1. Brushing and tree removal at roadway intersections for improved field of view and safety.


3. Recommended brushing locations by Staff.

4. Work to be completed by December 1, 2019. 10.2. Notice of Motion




Council Meeting


Motion:

Designated Staff/Bylaw Enforcement Officer, reviews with Codrington Pit Operation management that all trucking vehicles are adhering to the transportation routes as stipulated in “The Agreements of Operation”.




Motion:

Designated Staff, Revises Municipal Purchasing terms to include:

1. Time & Materials Standing Offers Agreements by municipal vendors to be considered

“same-as” a tender. Values not to exceed amounts approved by council.

2. Staff report, on the in-place Municipal Managements’ spending approval levels and if

adjustments are required to improve town efficiencies.




Motion:

Staff to prepare report that is a cost benefit review of new fire hall rental vs ownership.




Motion:

Downtown Painting and Roadway Marking:

1. Painting of curbs, parking lines and designated handicap spaces.

2. Repainting roadway center lines, stop lines, crosswalks.


4. Work to be completed by Sept 15, 2019. 10.6. Notice of Motion



Motion:

Staff to report on the Pet Waste Stations feasibility:

1. Benefits of Pet Waste Stations

2. Recommended waste bags material

3. Recommended locations within the Municipality

4. Acquisition and Installation cost per Pet Waste Station

5. Installation timing.

11. Unfinished Business 11.1. No unfinished business.

12. By-Laws 12.1. By-law - establish a Property Standards Committee



Council Meeting




That Council gives a by-law its first, second and third reading and passes on this date:

Being a By-Law to Establish a Property Standards Committee

Carried 12.2. By-law - execute Memorandum of Agreement with Bay of

Quinte Regional Marketing Board Resolution No. 2019-502



That Council gives a by-law its first, second and third reading and finally passes on this date:

Being a By-law to authorize the Mayor and Clerk to execute a Memorandum of Agreement respecting the partnership between between The Corporation of the Municipality of Brighton and the Bay of Quinte Regional Marketing Board

Carried 12.3. By-law - for preliminary and final design services Re:

upgrade to the Harbour Street Sewage Pumping Station and installation of a new sewage forcemain from the pumping station to the sewage lagoon system.




Being a By-law to authorize the Mayor and the Deputy Clerk to execute an Agreement between the Corporation of the Municipality of Brighton and J.L. Richards & Associates Limited for preliminary and final design services Re: upgrade to the Harbour Street Sewage Pumping Station and installation of a new sewage forcemain from the pumping station to the sewage lagoon system including contract administration and construction supervision.

Carried 12.4. BY-LAW- A BY-LAW OF THE CORPORATION OF THE

MUNICIPALITY OF BRIGHTON TO AUTHORIZE THE BORROWING UPON AMORTIZING DEBENTURES IN THE PRINCIPAL AMOUNT OF $1,234,243.85 TOWARDS THE COST OF THE ALICE STREET AND DUNDAS STREET PROJECTS




BEING A BY-LAW TO AUTHORIZE THE BORROWING UPON AMORTIZING DEBENTURES IN THE PRINCIPAL AMOUNT OF $1,234,243.85 TOWARDS THE COST OF THE ALICE STREET AND DUNDAS STREET PROJECTS

Carried

13. Reports of Advisory Committees of Council Reports/Minutes & Council Reports 13.1. Community Events and Civic Awards Advisory Committee

Meeting Minutes from May 14, 2019 Resolution No. 2019-505





Council Meeting

That Council receive the Community Events and Civic Awards Advisory Committee Meeting Minutes from May 14, 2019 as presented.

Carried 13.2. Accessibility Advisory Committee Meeting Minutes from

May 10, 2019 Resolution No. 2019-506



That Council receive the Accessibility Advisory Committee Meeting Minutes from May 10, 2019 as presented.

Carried 13.3. Heritage Advisory Committee Meeting Minutes from May

21, 2019 Resolution No. 2019-507



That Council receive the Heritage Advisory Committee Meeting Minutes from May 21, 2019 as presented.

Carried 13.4. Applefest Advisory Committee Meeting Minutes from May

22, 2019 Resolution No. 2019-508



That Council receive the Applefest Advisory Committee Meeting Minutes from May 22, 2019 as presented.

Carried 13.5. Rural Advisory Committee Meeting Minutes from April 25,

2019. Resolution No. 2019-509



That Council receive the Rural Advisory Committee Meeting Minutes from April 25, 2019 as presented.

Carried

14. Reports/Minutes of Statutory Committees, Boards & External Agencies 14.1. Brighton Public Library meeting minutes - May 22, 2019 Resolution No. 2019-510



That Council receive the Brighton Public Library meeting minute for May 22, 2019 as presented.

Carried

15. Correspondence, Direction Items, Endorsements, Communications/Petitions 15.1. Application for Road Use for Special Events, Rotary Street

Dance, July 27, 2019. Resolution No. 2019-511



That Council receive and approve the Road Use for Special Events application for the Rotary Street Dance July 27, 2019.



Council Meeting

Carried 15.2. Application for Road Use Application - Friends for Life Bike

Rally Resolution No. 2019-512



That Council receive and approve the Road Use Application related to the Friends for Life Bike Rally.

Carried 15.3. Presqu'ile Point Property Owners' Association, Sunday

Discharge of Firearms. Resolution No. 2019-513



That Council receive correspondence from Presqu'ile Point Property Owners' Association regarding Sunday Discharge of Firearms.

Carried 15.4. Hannah MacAusland and Hana Haytaoglu seeking

funding/sponsorship to participate in international science fairs.




That Council receive and approve the request for funding/sponsorship for Hannah MacAusland and Hana Haytaoglu and direct staff to provide $1,000 to each of Ms. MacAusland and Ms. Haytaoglu (total is $2,000.00) from the Youth Initiative Fund.

Carried 15.5. A recommendation to Council from the Heritage Advisory

Committee.

HAC-Resolution No. 2019-22

Moved by Parise Herbert


That the Heritage Advisory Committee recommends to Council to place 85 Main Street and 136 Main Street on the Municipal Register List as per section 1.2 of the Ontario Heritage Act.




That Council receive and approve the recommendation for listing 85 Main Street and 136 Main Street on the Municipal

Register List

Carried 15.6. A recommendation to Council from the Community Events

and Civic Awards Committee.

Resolution CECA-19-22

Moved by Thomas Rittwage

Seconded by Barb Gunter

That the Community Events and Civic Awards Advisory Committee supports accessible parking for all Committee events by providing eight accessible parking spaces in the municipal lot behind CIBC and on Veterans Way.



Council Meeting




That Council approve the recommendation for additional accessible parking spaces at all Community Events and Civic Awards Advisory Committee events.

Carried

16. FYI Correspondence 16.1. No FYI Correspondence.

17. Question Period 17.1. No questions were received.

18. In Camera Session 18.1. No in camera session.

19. Confirmatory By-Law 19.1. Confirm the proceedings of the July 15, 2019 Council

meeting Resolution No. 2019-517



That Council gives a by-law its first, second and third reading and finally passes on this date, being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council meeting held on July 15, 2019.

Carried

20. Adjournment 20.1. Adjournment of the July 15, 2019 Council meeting Resolution No. 2019-518



That the July 15, 2019 Council meeting adjourn at 8:13 p.m.

Carried

Brian Ostrander, Mayor Patrick Silvestro, Deputy Clerk



Council PLANNING Meeting Minutes

July 17, 2019

6:30 PM



Staff present: Bob Casselman CAO; Darryl Tighe, Planning Consultant Landmark Associates, and Patrick Silvestro, Deputy Clerk

1. Call to Order 1.1. Mayor Brian Ostrander called the meeting to order at 6:30

p.m.

Mayor Brian Ostrander included an announcement prior to the approval of the Agenda.

Mayor Brian Ostrander showed a trophy that the Municipality of Brighton was awarded for contributions in the “Keep the County Clean Challenge” that was conducted during the month of April. Mayor Brian Ostrander announced that The Municipality of Brighton received the trophy for the “Hardest Working Volunteers”, volunteers picked up an average of 30 kilograms of garbage per person.

2. Approval of Agenda 2.1. Approval of the July 17, 2019 Planning Agenda Resolution No. 2019-519



That Council approve the July 17, 2019 Planning Meeting Agenda as presented or amended.

Carried

3. Declarations of Pecuniary Interests and the General Nature Thereof 3.1. There were no disclosures.

4. Delegations 4.1. There were no delegations.

5. Statutory Public Meeting 5.1. Consent Application B12-2019 (AMENDED

APPLICATION) – Donna and John Loughlin, Part Lot 23, Concession 4, 1319 County Road 41




1. That this report regarding Consent Application B12-2019 as prepared by the Municipal Planning Consultants be received; and

Page 29 of 371


Council PLANNING Meeting

2. That Council of the Municipality of Brighton grant provisional consent to application B12-2019, subject to the following conditions:

i. That each of the severed and retained parcels be rezoned to the satisfaction of the Municipality;

ii. That cash-in-lieu of parkland in the amount of $500 be paid to the Municipality;

iii. That confirmation be provided that the severed parcel is registered to a farm operation, to the satisfaction of the Municipality and prior to the issuance of the Certificate of Official;

iv. That the applicant shall layout and dedicate by deed to the County of Northumberland a strip of land ensuring 15.0 metres (50 feet) from the centreline of County Road 41, along the frontage of both the severed and retained parcels for road widening purposes;

v. That all taxes on each of the severed and retained lots be in compliance with the Municipal requirements prior to the issuance of the Certificate of Official; and

vi. That three paper copies and a digital copy of a registerable survey and the appropriate transfer/deed be prepared and deposited with the Municipal Clerk within one year of the granting of consent.

Carried 5.2. Consent Application B13-2019 – Michelle and Mark

Seaton

Application to Amend Zoning By-law No. 140-2002, as amended (File No. Z11-2019) – Michelle and Mark Seaton; Stuart and Roberta Seaton – Part Lot 33, Concession 2, Part 1 and 2 of Plan 39R-6329, Part 1 and 2 of Plan 39R-9769, 670 and 692 County Road 26




1. That this report regarding Consent Application B13-2019 and Application Z11-2019 (Seaton) as prepared by the Municipal Planning Consultants be received; and

2. That Council of the Municipality of Brighton grant provisional consent to application B13-2019; subject to the following conditions:

i. That each the severed, retained and benefitting parcels be rezoned to the satisfaction of the Municipality of Brighton;

ii. That the severed parcel be merged on title with the adjoining property to the east and having Roll No. 1408 206 050 17405;

iii. That all taxes on each of the severed and retained lots be in compliance with Municipal requirements prior to the issuance of a Certificate of Official; and

iv. That three paper copies and a digital copy of a registerable survey and the appropriate deed/transfer be prepared and deposited with the Municipal Clerk within one year of the granting of consent.




3. That Council enacts a By-law to rezone certain lands located in Part of Lot 33, Concession 2 from the ‘Rural (RU) Zone’ and Rural Residential (RR) Zone’ to ‘Rural Exception No. 55 (RU-55) Zone’; and from the ‘Rural (RU) Zone’ to ‘Rural Residential (RR) Zone’.

Carried 5.3. Application to Amend Zoning By-law No. 140-2002, as

amended (File No. Z12-2019) and Consent Application B14-2019 – Habitat for Humanity – Lot 10 N/S Price Street, Registered Plan 28, 22 Price Street West

Several comments were brought forward from the public regarding this application.

Lillian Sworbrick - Agrees with the build.

Mike Martello - Does not agree with allowing the owner of the property circumvent the Habitat for Humanity waiting list in order to proceed with the build.

Gerald Bedore - Is opposed to the idea of building a duplex, feels the owner should be able to build a new house with insurance money. Feels that more multi-residential properties will follow if this one is allowed.

LeeAnn Lowridge - Does not agree with having a duplex on the property.

This application was deferred; Some members of Council would like to here the result of Councillor Leblanc's inquiry regarding the need for a Record of Site Condition due to the fire that destroyed the original dwelling.




That Council defer Consent Application B14-2019 and Zoning By-law Application Z12-2019 to August 14, 2019 for staff to investigate the requirements for a record of site condition.

Carried 5.4. Consent Application B15-2019 – Couperus

Part Lot 31, Concession A, Part 1 of Registered Plan 38R-5824, including Parts 1 & 2 of Registered Plan 39R-6381, 255 Smith Street




1. That this report regarding Consent Application B15-2019 as prepared by the Municipal Planning Consultants be received; and

2. That Council of the Municipality of Brighton grant provisional consent to application B15-2019, subject to the following conditions:

i. That cash-in-lieu of parkland in the amount of $500 be paid to the Municipality;




ii. That the retained lands be rezoned to the satisfaction of the Municipality;

iii. That confirmation be received from the County of Northumberland that septic permits can be obtained for the installation of a private individual sewage system on the severed lot;

iv. That all taxes on each of the severed and retained lots be in compliance with Municipal requirements prior to the issuance of a Certificate of Official; and

v. That three paper copies and a digital copy of a registerable survey and the appropriate deed/transfer be prepared and deposited with the Municipal Clerk within one year of the granting of consent.

Carried

6. Planning & Development Reports 6.1. Amendments to the Local Planning Appeal Tribunal Act

and the Planning Act (Bill 108 – More Homes, More Choice, 2019)

There was a five minute recess following this part of the meeting.




1. That Council receives the report regarding Amendments to the Local Planning Appeal Tribunal Act and Planning Act (Bill 108 – More Homes, More Choice, 2019) for information; and

2. That Council advise Staff of any further action required on behalf of the Municipality.

Carried 6.2. Applications for Site Plan Approval (Application No. SPA

003-2019), Part Lot 21, south side of Main Street, Registered Plan 28, being 153 Main Street - 1133253 Ontario Limited




1. That Council receives the report regarding Site Plan Approval Application No. SPA 003-2019 (1133253 Ontario Limited), prepared by the Municipal Planning Consultant; and

2. That Council resolves to hereby grant Site Plan Approval under Section 41 of the Planning Act; and directs Staff to forward the site plan agreement to the Owner for execution;

3. That Council enacts a By-law to authorize the Mayor and Clerk to execute the site plan agreement.

Carried

7. Unfinished Business 7.1. No unfinished business.

8. By-Laws 8.1. By-law - Proposed Zoning By-law Amendment (Seaton)







That Council gives this by-law its first, second and third reading and finally passes on this date:

Being a By-law under the provisions of Section 34 of the Planning Act, R. S. 0., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part Lot 33, Concession 2, Part 1 and 2 of Plan 39R-6329, Part 1 and 2 of Plan 39R-9769, 670 and 692 County Road 26, in the Municipality of Brighton.

Carried 8.2. By-law - Proposed Zoning By-law Amendment - Habitat for

Humanity

This by-law was deferred as the application was deferred.

9. Question Period 9.1. No questions.

10. In Camera Session 10.1. There were no items for consideration.

11. Confirmatory By-Law 11.1. Confirm the proceedings of the July 17, 2019 Planning

meeting Resolution No. 2019-527



That Council gives a by-law its first, second and third reading and finally passes on this date, being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council meeting held on July 17, 2019.

Carried

12. Adjournment 12.1. Adjournment of the July 17, 2019 Planning Meeting Resolution No. 2019-528



That the July 17, 2019 Planning Meeting adjourn at 7:15 p.m.

Carried



Watson & Associates Economists Ltd. 905-272-3600

July 4, 2019 [email protected]

2019 Development Charges Background

Study

Municipality of Brighton

________________________

For Public Circulation and Comment

Page 34 of 371

Watson & Associates Economists Ltd. H:\Brighton\2019 DC\Report\2019 Brighton DC Background Study.docx

Table of Contents

Page

Introduction ...................................................................................................... 1-1

1.1 Purpose of this Document ....................................................................... 1-1

1.2 Summary of the Process ......................................................................... 1-2

1.3 Proposed Changes to the D.C.A.: Bill 108 – An Act to amend Various Statutes with Respect to Housing, Other Development, and Various Matters ....................................................................................... 1-3

1.4 Impact of Bill 108 on the Municipality’s D.C. Study Process ................... 1-6

Municipality of Brighton Current D.C. Policy ................................................ 2-1

2.1 By-law Enactment ................................................................................... 2-1

2.2 Services Covered ................................................................................... 2-1

2.3 Timing of D.C. Calculation and Payment ................................................ 2-2

2.4 Redevelopment Credit ............................................................................ 2-2

2.5 Exemptions ............................................................................................. 2-2

Anticipated Development in the Municipality of Brighton ........................... 3-1

3.1 Requirement of the Act ........................................................................... 3-1

3.2 Basis of Population, Household and Non-Residential Gross Floor Area Forecast ......................................................................................... 3-1

3.3 Summary of Growth Forecast ................................................................. 3-2

Approach to the Calculation of the Charge ................................................... 4-1

4.1 Introduction ............................................................................................. 4-1

4.2 Services Potentially Involved .................................................................. 4-1

4.3 Increase in Need for Service ................................................................... 4-1

4.4 Local Service Policy ................................................................................ 4-7

4.5 Capital Forecast ...................................................................................... 4-7

4.6 Treatment of Credits ............................................................................... 4-8

4.7 Eligible Debt and Committed Excess Capacity ....................................... 4-8

4.8 Existing Reserve Funds .......................................................................... 4-9

4.9 Deductions .............................................................................................. 4-9

Page 35 of 371

Table of Contents (Cont’d)

Page


4.10 Municipal-Wide vs. Area Rating ............................................................ 4-13

4.11 Allocation of Development .................................................................... 4-13

D.C. Eligible Cost Analysis by Service .......................................................... 5-1

5.1 Service Levels and 10-Year Capital Costs for Municipal-wide D.C. Calculation .............................................................................................. 5-1

5.2 Service Levels and 22-Year Capital Costs for Municipal-wide D.C. Calculation .............................................................................................. 5-8

5.3 Service Levels and Urban Buildout Capital Costs for Area-Specific D.C. Calculation .................................................................................... 5-12

D.C. Calculation ............................................................................................... 6-1

D.C. Policy Recommendations and D.C. By-law Rules ................................ 7-1

7.1 Introduction ............................................................................................. 7-1

7.2 D.C. By-law Structure ............................................................................. 7-1

7.3 D.C. By-law Rules ................................................................................... 7-2

7.4 Other D.C. By-law Provisions ................................................................. 7-5

7.5 Other Recommendations ........................................................................ 7-5

Asset Management Plan ................................................................................. 8-1

8.1 Introduction ............................................................................................. 8-1

By-law Implementation ................................................................................... 9-1

9.1 Public Consultation ................................................................................. 9-1

9.2 Anticipated Impact of the Charge on Development ................................. 9-2

9.3 Implementation Requirements ................................................................ 9-3

Appendix A Background Information on Residential and Non-Residential Growth Forecast ............................................................................................. A-1

Appendix B Historical Level of Service Calculations ............................................ B-1

Appendix C Long-Term Capital and Operating Cost Examination ...................... C-1

Appendix D Local Service Policy ............................................................................ D-1

Appendix E Proposed D.C. By-law ..........................................................................E-1

Page 36 of 371


List of Acronyms and Abbreviations

Acronym Full Description of Acronym

A.M.P. Asset Management Plan

D.C. Development charge

D.C.A. Development Charges Act, 1997

G.F.A. Gross floor area

L.P.A.T. Local Planning Appeal Tribunal

N.A.I.C.S. North American Industry Classification System

N.F.P.O.W. No Fixed Place of Work

O.M.B. Ontario Municipal Board

O.P.A. Official Plan Amendment

O.Reg. Ontario Regulation

P.O.A. Provincial Offences Act

P.P.U. Persons per unit

S.D.E. Single detached equivalent

S.D.U. Single detached unit

s.s. Subsection

sq.ft. square foot

sq.m. square metre

Page 37 of 371

Development Charges Background Study

Page 38 of 371


Chapter 1 Introduction

Page 39 of 371

Watson & Associates Economists Ltd. PAGE 1-1 H:\Brighton\2019 DC\Report\2019 Brighton DC Background Study.docx

Introduction

1.1 Purpose of this Document

This background study has been prepared pursuant to the requirements of the

Development Charges Act (D.C.A.)., 1997 (s.10), and accordingly, recommends new

Development Charges (D.C.s) and policies for the Municipality of Brighton

(Municipality).

The Municipality retained Watson & Associates Economists Ltd. (Watson) to undertake

the D.C. study process in 2018. Watson worked with senior staff of the Municipality in

preparing this D.C. analysis and the policy recommendations.

This D.C. background study, containing the proposed D.C. by-law, will be distributed to

members of the public in order to provide interested parties with sufficient background

information on the legislation, the study’s recommendations, and an outline of the basis

for these recommendations.

This report has been prepared, in the first instance, to meet the statutory requirements

applicable to the Municipality’s D.C. background study, as summarized in Chapter 4. It

also addresses the forecast amount, type, and location of growth (Chapter 3), the

requirement for “rules” governing the imposition of the charges (Chapter 7), and the

proposed by-law to be made available as part of the approval process (Appendix E).

In addition, the report is designed to set out the Municipality’s current D.C. policy

(Chapter 2) and the policies underlying the proposed D.C. by-law, to make the exercise

understandable to interested parties. Finally, the D.C. background study addresses

post-adoption implementation requirements (Chapter 9) which are critical to the

successful application of the new policy.

The chapters in the report are supported by Appendices containing the data required to

explain and substantiate the calculation of the charge. A full discussion of the statutory

requirements for the preparation of a background study and calculation of a D.C. is

provided herein.

Page 40 of 371


1.2 Summary of the Process

As required under Section 12 of the D.C.A., 1997, a public meeting has been scheduled

for August 12, 2019. Its purpose is to present the study to the public and to solicit public

input on the proposed D.C. by-law. The meeting is also being held to answer any

questions regarding the study’s purpose, methodology, and the proposed modifications

to the Municipality’s D.C. by-law. Table 1-1 outlines the proposed schedule to be

followed with respect to the D.C. by-law adoption process.

In accordance with the legislation, the D.C. background study and proposed D.C. by-law

will be available for public review on July 4, 2019.

The process to be followed in finalizing the report and recommendations includes:

• consideration of responses received prior to, at or immediately following the

public meeting; and

• finalization of the study and Council consideration of the by-law.

Table 1-1 Schedule of Key D.C. Process Dates

Process Steps Dates

1. Project initiation meetings with Municipal staff November 16, 2018

2. Data collection, staff interviews, preparation of D.C.

calculations

December 2018 -

June 2019

3. Preparation of draft D.C. background study and review

of draft findings with Municipal staff June 2019

4. Council workshop presentation June 17, 2019

5. Presentation of findings to Development Industry June 28, 2019

6. D.C. background study and proposed D.C. by-law

available to public July 4, 2019

Page 41 of 371


Process Steps Dates

7. Statutory notice of Public Meeting advertisement placed

in newspaper(s)

20 days prior to

public meeting

8. Public Meeting of Council August 12, 2019

9. Council considers adoption of D.C. background study

and passage of by-law September 3, 2019

10. Newspaper notice given of by-law passage By 20 days after

passage

11. Last day for by-law appeal 40 days after

passage

12. Municipality makes available D.C. pamphlet By 60 days after in

force date

1.3 Proposed Changes to the D.C.A.: Bill 108 – An Act to amend Various Statutes with Respect to Housing, Other Development, and Various Matters

On May 2, 2019, the Province introduced Bill 108 which proposes changes to the

D.C.A. The Bill was introduced as part of the Province’s “More Homes, More Choice:

Ontario's Housing Supply Action Plan”. The Bill received royal assent on June 6, 2019.

While having received royal asset, many of the amendments to the D.C.A. do not come

into effect until they are proclaimed by the Lieutenant Governor. However, transitional

provisions with respect to soft services, as well as other provisions clarifying definitions

and administrative powers to make regulations, are in effect as of the date of royal

assent. Regarding the transitional provisions for soft services, as noted below, services

not identified under the new subsection 2(4) (i.e. soft services) will no longer be eligible

to be included in D.C. by-law once proclaimed. Soft services within an existing D.C. by-

law can remain in effect, even if the by-law expires, until the earlier of the prescribed

Page 42 of 371


date (currently anticipated to be January 1, 2021), the date a Community Benefits

Charge By-law is passed, or the date when the existing D.C. by-law is repealed. A

summary of the changes to the D.C.A. to take effect upon proclamation by the

Lieutenant Governor is provided below:

Changes to Eligible Services – the Bill will remove “Soft Services” from the D.C.A.

These services will be considered as part of a new Community Benefit Charge

(discussed below) imposed under the authority of the Planning Act. Once the new s.s.

2(4) is proclaimed, eligible services under the D.C.A. include:

• Water supply services, including distribution and treatment services;

• Wastewater services, including sewers and treatment services;

• Storm water drainage and control services;

• Services related to a highway as defined in subsection 1 (1) of the Municipal Act,

2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be;

• Electrical power services;

• Policing services;

• Ambulance services;

• Fire protection services;

• Toronto-York subway extension, as defined in subsection 5.1 (1);

• Transit services other than the Toronto-York subway extension;

• Waste diversion services; and

• Other services as prescribed.

Waste Diversion and Ambulance – the Bill will remove the mandatory 10% deduction

for these services.

Annual Installments – the Bill proposes that Rental Housing, and

Commercial/Industrial/Institutional developments pay D.C.s in six equal annual

payments commencing the earlier of the date of issuance of a building permit or

occupancy. Non-profit housing developments will pay D.C.s in 21 equal annual

payments. Interest may be charged on the installments, at a prescribed rate, and any

unpaid amounts may be added to the property and collected as taxes.

When D.C. Amount is Determined – the Bill proposes that the D.C. amount for all

developments proceeding by Site Plan or requiring a Zoning By-law Amendment, shall

Page 43 of 371


be determined based on the D.C. charge in effect on the day of the application for Site

Plan or Zoning By-law Amendment. If the development is not proceeding via these

planning approvals, then the amount is determined the earlier of the date of issuance of

a building permit or occupancy.

Soft Services to be Included in a new Community Benefit Charge under the

Planning Act – it is proposed that a municipality may by by-law impose community

benefits charges against land to pay for the capital costs of facilities, services and

matters required because of development or redevelopment in the area to which the by-

law applies. These services may not include services authorized by the D.C.A. Various

provisions are provided as follows:

• Before passing a community benefits charge by-law, the municipality shall

prepare a community benefits charge strategy that, (a) identifies the facilities,

services and matters that will be funded with community benefits charges and (b)

complies with any prescribed requirements;

• The amount of a community benefits charge payable shall not exceed an amount

equal to the prescribed percentage of the value of the land as of the valuation

date;

• The valuation date is the day before building permit issuance;

• Valuations will be based on appraised value of land. Various requirements are

set out in this regard;

• All money received by the municipality under a community benefits charge by-

law shall be paid into a special account;

• In each calendar year, a municipality shall spend or allocate at least 60 percent

of the monies that are in the special account at the beginning of the year;

• Requirements for annual reporting shall be prescribed; and

• Transitional provisions are set out regarding the D.C. reserve funds and D.C.

credits.

Page 44 of 371


1.4 Impact of Bill 108 on the Municipality’s D.C. Study Process

Based on the transition provisions in Bill 108 identified above, municipalities with a D.C.

by-law expiring between June 6, 2019 (i.e. date of royal assent) and before prescribed

date (anticipated to be January 1, 2021), can either:

• Pass a new D.C. by-law for both hard services (i.e. those services permissible

under the new s.s. 2(4)) and soft services; or

• Amend their existing D.C. by-law to continue to impose the current soft services,

and pass a new D.C. by-law for the hard services only.

In both cases, the charges pertaining to the soft services would continue to be imposed

during the transition period until a Community Benefits Charge By-law is passed under

the authority of the Planning Act, or the prescribed date, whichever comes first.

Through discussion with the Municipality’s staff, it was determined that the preferred

approach was to pass a new by-law for all services, in part, as this would serve to

inform the forthcoming Community Benefits Charge By-law. Hence, this D.C.

background study contains the statutory requirements to adopt a new D.C. by-law for all

permissible services under the D.C.A. as at the date for writing.

Page 45 of 371


Chapter 2 Municipality of Brighton Current D.C. Policy

Page 46 of 371


Municipality of Brighton Current D.C. Policy

2.1 By-law Enactment

On September 8, 2014, the Municipality enacted By-law 058-2014 under the D.C.A,

1997. The by-law imposes uniform Municipal-wide charges for all services, with the

exception of water and wastewater services which are imposed on an area-specific

basis within the municipal urban service areas.

2.2 Services Covered

The following services are covered under By-law 058-2014:

Municipal-wide Services

• Roads

• Public Works

• Fire Protection

• Parks and Recreation

• Library

• Administration – Studies

Area-Specific – Municipal Urban Service Areas

• Water

• Wastewater

The by-law provides for mandatory annual indexing of the charges on the anniversary

date of the by-law in each year. Table 2-1 provides the charges currently in effect for

residential and non-residential development types, as well as the breakdown of the

charges by service.

Page 47 of 371


Table 2-1 Municipality of Brighton

Schedule of D.C.s (as of September 8, 2019)

2.3 Timing of D.C. Calculation and Payment

D.C.s are due and payable in full to the Municipality on the date the first building permit

is issued in relation to a building or structure on land to which a D.C. applies. The By-

law also allows the Municipality to enter into alternative payment agreements with

owners.

2.4 Redevelopment Credit

The by-law provides for D.C. credits for residential and non-residential redevelopments

for structures to be demolished. The credit for demolition requires that a building permit

have been issued within sixty (60) months from the date the demolition occurred.

2.5 Exemptions

The Municipality’s existing D.C. by-laws include statutory exemptions from payment of

D.C.s with respect to:

• Industrial additions of up to and including 50% of the existing gross floor area

(G.F.A.) of the building – for industrial additions which exceed 50% of the existing

G.F.A., only the portion of the addition in excess of 50% is subject to D.C.s;

Non-Residential

ServiceSingle & Semi

DetachedMultiples

Apartments with

≥ 2 Bedrooms

Apartments with

< 2 Bedroomsper sq.ft.

Municipal-Wide Services

Roads and Related 3,309 2,597 2,198 1,473 3.17

Fire Protection Services 355 279 236 157 0.17

Parks and Recreation 1,493 1,173 992 666 0.10

Library Services 270 212 180 119 0.02

Administration - Studies 232 182 153 104 0.28

Total Municipal-Wide Services 5,659 4,443 3,759 2,519 3.74

Urban Services

Wastewater 536 420 357 238 0.26

Water 2,419 1,896 1,603 1,075 1.18

Total Urban Services 2,955 2,316 1,960 1,313 1.44

Grand Total Rural Area 5,659 4,443 3,759 2,519 3.74

Grand Total Urban Area 8,614 6,759 5,719 3,832 5.18

Residential

Page 48 of 371


• Land used for Municipal or Board of Education purposes; and

• Residential development that results in only the enlargement of an existing

dwelling unit, or that results only in the creation of up to two additional dwelling

units (as specified by O.Reg. 82/98).

The D.C. by-laws also provide non-statutory exemptions from payment of D.C.s with

respect to:

• A place of worship and churchyards, cemeteries or burial grounds exempt from

taxation under Section 3 of the Assessment Act, R.S.O. 1980 c.31; and

• Industrial development.

Page 49 of 371


Chapter 3 Anticipated Development in the Municipality of Brighton

Page 50 of 371

Watson & Associates Economists Ltd. PAGE 3-1 Development Charges Background Study

Anticipated Development in the Municipality of Brighton

3.1 Requirement of the Act

Chapter 3 provides the methodology for calculating a D.C. as per the D.C.A. Figure 3-1

presents this methodology graphically. It is noted in the first box of the schematic that in

order to determine the D.C. that may be imposed, it is a requirement of Section 5 (1) of

the D.C.A. that “the anticipated amount, type and location of development, for which

development charges can be imposed, must be estimated.”

The growth forecast contained in this chapter (with supplemental tables in Appendix A)

provides for the anticipated development for which the Municipality will be required to

provide services, over a 10-year (mid-2019 to mid-2029), 22-year (mid-2019 to mid-

2041) and a buildout time horizon.

3.2 Basis of Population, Household and Non-Residential Gross Floor Area Forecast

The D.C. growth forecast has been derived by Watson. In preparing the growth

forecast, the following information sources were consulted to assess the residential and

non-residential development potential for the Municipality of Brighton over the forecast

period, including:

• Municipality of Brighton Development Charges Background Study, Watson &

Associates Economists Ltd., July 7, 2014;

• Official Plan of the Municipality of Brighton (July 19, 2010);

• Northumberland County Housing Forecast by Area Municipality, Watson &

Associates Economists Ltd., September 30, 2014;

• 2006, 2011 and 2016 population, household and employment Census data;

• Historical residential and non-residential building permit data over the 2009 to

2018 period;

• Residential supply opportunities as provided by the Municipality of Brighton; and

Page 51 of 371


• Discussions with Municipality staff regarding anticipated residential and non-

residential development in the Municipality.

3.3 Summary of Growth Forecast

A detailed analysis of the residential and non-residential growth forecasts is provided in

Appendix A and the methodology employed is illustrated in Figure 3-1. The discussion

provided herein summarizes the anticipated growth for the Municipality and describes

the basis for the forecast. The results of the residential growth forecast analysis are

summarized in Table 3-1 below, and Schedule 1 in Appendix A.

As identified in Table 3-1 and Appendix A, Schedule 1, the Municipality’s population is

anticipated to reach approximately 13,050 by mid-2029 and 13,130 by 2041, resulting in

an increase of 740 and 820 persons, respectively, over the 10-year and longer-term

forecast periods.1

Provided below is a summary of the key assumptions and findings regarding the

Municipality of Brighton D.C. growth forecast.

1. Housing Unit Mix (Appendix A – Schedules 1 and 6)

• The housing unit mix for the Municipality was derived from a detailed review of

building supply data for the Municipality (as per Schedule 6), and historical

development activity (as per Schedule 7).

• Based on the above indicators, the 2019 to 2041 household growth forecast is

comprised of a unit mix of 79% low density (single detached and semi-detached),

15% medium density (multiples except apartments) and 6% high density

(bachelor, 1-bedroom and 2-bedroom apartments).

1 The population figures used in the calculation of the 2019 D.C. exclude the net

Census undercount, which is estimated at approximately 3.5%.

Page 52 of 371


Figure 3-1 Population and Household Forecast Model

Intensification

Designated Lands

Servicing Capacity

Residential Units in the

Development Process

Employment Market by Local

Municipality,

Economic Outlook

Local, region

and Provincial

Forecast of

Residential Units

Decline in Existing Population

Net Population Increase

Historical Housing

Construction

DEMAND SUPPLY

Occupancy Assumptions

Gross Population Increase

Page 53 of 371



Residential Growth Forecast Summary

PopulationInstitutional

Population

Population

Excluding

Institutional

Population

Singles &

Semi-

Detached

Multiple

Dwellings2 Apartments

3 OtherTotal

Households

Equivalent

Institutional

Households

Mid 2006 10,610 10,253 663 9,590 3,615 125 195 25 3,960 603 2.589

Mid 2011 11,310 10,928 643 10,285 3,975 128 224 47 4,374 585 2.498

Mid 2016 12,250 11,844 684 11,160 4,260 205 245 70 4,780 622 2.478

Mid 2019 12,730 12,308 710 11,598 4,536 205 245 70 5,056 645 2.434

Mid 2029 13,500 13,052 778 12,274 4,885 271 270 70 5,496 707 2.375

Mid 2041 13,580 13,125 758 12,367 4,972 291 278 70 5,611 689 2.339

Buildout 14,290 13,810 768 13,042 5,248 309 300 70 5,927 698 2.330

Mid 2006 - Mid 2011 700 675 -20 695 360 3 29 22 414 -18

Mid 2011 - Mid 2016 940 916 41 875 285 77 21 23 406 37

Mid 2016 - Mid 2019 480 464 26 438 276 0 0 0 276 23

Mid 2019 - Mid 2029 770 744 68 676 349 66 25 0 440 62

Mid 2019 - Mid 2041 850 817 48 769 436 86 33 0 555 44

Mid 2019 - Buildout 1,560 1,502 58 1,444 712 104 55 0 871 53

¹ Census undercount estimated at approximately 3.5%. Note: Population including the undercount has been rounded.

² Includes townhouses and apartments in duplexes.

³ Includes bachelor, 1-bedroom and 2-bedroom+ apartments.

Source: 2041 forecast derived from Northumberland County Housing Forecast by Area Municipality, 2011-2041 forecast for the Municipality of Brighton. Buildout based on urban housing supply potential

identified by the Municipalitiy of Brighton and Northumerland County.

His

tori

ca

lF

ore

cast

Inc

rem

en

tal

Population

(Including

Census

Undercount)¹

Year

Excluding Census Undercount Housing UnitsPerson Per Unit

(P.P.U.): Total

Population/

Total

Households

Page 54 of 371


Figure 3-2 Municipality of Brighton

Annual Housing Forecast

Source: Historical housing activity derived from Municipality of Brighton building permit data, 2009-2018.

1 Growth forecast represents calendar year.

77

95

7673

6259

63

99

115

86

80 80

50 50 50 50 50

10 10 10 10 10 10 10 10 10 10 9 9 9 9 9

0

20

40

60

80

100

120

140

Ho

usin

g U

nit

s

Years

Historical Low Density Medium Density High Density Historical Average

Page 55 of 371


2. Geographic Location of Residential Development (Appendix A – Schedule 2)

• Schedule 2 summarizes the anticipated amount, type, and location of

development for the Municipality of Brighton in the urban serviced area and

remaining rural areas.

• In accordance with forecast demand and available land supply, the percentage of

forecast housing growth between 2019 and 2041 by development location is

summarized below.

Development Location

Percentage of

Housing Growth,

2019 to 2041

Urban Area 85%

Rural Area 15%

Municipal Total 100%

3. Planning Period

• Short and longer-term time horizons are required for the D.C. process. The

D.C.A. limits the planning horizon for certain services, such as parks, recreation

and libraries, to a 10-year planning horizon. Services related to a highway,

public works, fire, police, stormwater, water and wastewater services can utilize a

longer planning period.

4. Population in New Housing Units (Appendix A - Schedules 3, 4 and 5)

• The number of housing units to be constructed in the Municipality of Brighton

during the short- and long-term periods is presented on Figure 3-2. Over the

2019 to 2041 forecast period, the Municipality is anticipated to average

approximately 25 new housing units per year.

Page 56 of 371


• Institutional population1 is anticipated to grow modestly by 48 persons between

2019 to 2041.

• Population in new units is derived from Schedules 3, 4, and 5, which incorporate

historical development activity, anticipated units (see unit mix discussion), and

average persons per unit (P.P.U.) by dwelling type for new units.

• Schedules 8a and 8b summarize the P.P.U. for the new housing units by age

and type of dwelling based on a 2016 custom Census data. The total adjusted

25-year average P.P.U.s by dwelling type are as follows:

o Low density: 2.448

o Medium density: 2.031

o High density2: 1.572

5. Existing Units and Population Change (Appendix A - Schedules 3, 4 and 5)

• Existing households for mid-2019 are based on the 2016 Census households,

plus estimated residential units constructed between mid-2016 and 2019

assuming a 6-month lag between construction and occupancy (see Schedule 3).

• The decline in average occupancy levels for existing housing units is calculated

in Schedules 3 through 5, by aging the existing population over the forecast

period. The forecast population decline in existing households over the 2019 to

2041 forecast period is approximately 525.

6. Employment (Appendix A, Schedules 10a, 10b, 10c, 11 and 12)

• Employment projections are largely based on the activity rate method, which is

defined as the number of jobs in a municipality divided by the number of

residents. Key employment sectors include primary, industrial, commercial/

population-related, institutional, and work at home, which are considered

individually below.

1 Institutional includes special care facilities such as nursing home or residences for senior citizens. A P.P.U. of 1.100 depicts 1-bedroom and 2 or more bedroom units in these special care facilities. 2 Includes bachelor, 1-bedroom and 2 or more bedroom apartments

Page 57 of 371


• 2016 employment data1 (place of work) for the Municipality of Brighton is outlined

in Schedule 10a. The 2016 employment base is comprised of the following

sectors:

o 90 primary (3%);

o 475 work at home employment (20%);

o 378 industrial (17%);

o 943 commercial/population related (38%); and

o 540 institutional (22%).

• The 2016 employment by usual place of work, including work at home, is

approximately 2,430.

• Total employment, including work at home for the Municipality of Brighton is

anticipated to reach approximately 2,670 by mid-2029 and 2,770 by mid-2041.

This represents an employment increase of 230 for the 10-year forecast period

and 320 for the longer-term forecast period.

• Schedule 10b, Appendix A, summarizes the employment forecast, excluding

work at home employment, which is the basis for the D.C. employment forecast.

The impact on municipal services from work at home employees has already

been included in the population forecast. Accordingly, work at home employees

have been removed from the DC employment forecast and calculation.

• Total employment for the Municipality of Brighton (excluding work at home

employment) is anticipated to reach approximately 2,140 by mid-2029 and 2,220

by mid-2041. This represents an employment increase of 180 and 260 over the

10-year and 22-year forecast periods, respectively.

7. Non-Residential Sq.ft. Estimates (Gross Floor Area (G.F.A.), Appendix A,

Schedule 10b)

• Square footage estimates were calculated in Schedule 10b based on the

following employee density assumptions:

o 1,300 sq.ft. per employee for industrial;

o 550 sq.ft. per employee for commercial/population-related; and

o 700 sq.ft. per employee for institutional employment.

1 2016 employment is based on Statistics Canada 2016 Place of Work Employment dataset by Watson & Associates Economists Ltd.

Page 58 of 371


• The Municipality-wide incremental Gross Floor Area (G.F.A.) is anticipated to

increase by approximately 139,100 sq.ft. over the 10-year forecast period and

216,300 sq.ft. over the 22-year forecast period.

• In terms of percentage growth, the 2019 to 2041 incremental G.F.A. forecast by

sector is broken down as follows:

o industrial – 54%;

o commercial/population-related – 29%; and

o institutional – 17%.

8. Geographic Location of Non-Residential Development (Appendix A, Schedule

10c)

• Schedule 10c summarizes the anticipated amount, type and location of non-

residential development for Municipality of Brighton by area.

• In accordance with forecast demand and available land supply, the percentage of

forecast total non-residential growth between 2019 and 2041 by development

location is summarized below.

Development Location

Percentage of Non-

Residential G.F.A.,

2019 to 2041

Urban Area

Rural Area

90%

10%

Municipal Total 100%

Page 59 of 371


Chapter 4 Approach to the Calculation of the Charge

Page 60 of 371


Approach to the Calculation of the Charge

4.1 Introduction

This chapter addresses the requirements of s.s.5(1) of the D.C.A., 1997 with respect to

the establishment of the need for service which underpins the D.C. calculation. These

requirements are illustrated schematically in Figure 4-1.

4.2 Services Potentially Involved

Table 4 1 lists the full range of municipal service categories which are provided within

the Municipality.

A number of these services are defined in s.s.2(4) of the D.C.A., 1997 as being

ineligible for inclusion in D.C.s. These are shown as “ineligible” on Table 4-1. In

addition, two ineligible costs defined in s.s.5(3) of the D.C.A. are “computer equipment”

and “rolling stock with an estimated useful life of [less than] seven years...” In addition,

local roads are covered separately under subdivision agreements and related means

(as are other local services). Services which are potentially eligible for inclusion in the

Municipality’s D.C.s are indicated with a “Yes.”

4.3 Increase in Need for Service

The D.C. calculation commences with an estimate of “the increase in the need for

service attributable to the anticipated development,” for each service to be covered by

the by-law. There must be some form of link or attribution between the anticipated

development and the estimated increase in the need for service. While the need could

conceivably be expressed generally in terms of units of capacity, s.s.5(1)3, which

requires that municipal council indicate that it intends to ensure that such an increase in

need will be met, suggests that a project-specific expression of need would be most

appropriate.

Page 61 of 371


Figure 4-1 The Process of Calculating a D.C. under the Act

8. Specified Local Services

AnticipatedDevelopment

1.

Estimated Increase in Need for Service

2. Ineligible Services

Ceiling Re:Increased Need

Needs That WillBe Met

Examination of the Long-term Capital

and Operating Costs for Capital

Infrastructure

D.C. Needs By Service

Less: Uncommitted Excess Capacity

Less: Benefit To Existing Development

Less: Grants, Subsidies and Other Contributions

Less: 10% Where Applicable

D.C. By-law(s)

Spatial

Applicability

D.C. Net Capital CostsCosts for new development vs.

existing development for the term

of the by-law and the balance

of the period

Amount of the Charge

By Type of Development(including apportionment of

costs - residential and

non-residential)

Financing, Inflation and Investment

Considerations

3. 4.

5.

6.

11.

12.

13.

16.

17.

14.

15.

9.

Tax Base,

User Rates,

etc.

Subdivision

Agreements

and Consent

Provisions

Consideration of exemptions,

phase-ins, etc.

1

4

3

2

Non-Transit ServicesHistorical Service

Standard 4a.

Transit ServicesForward-looking

Service Standard 4b.

Asset Management Plan for All Capital

Projects to be Funded by D.C.s 7.

Non-Transit Services“Financially Sustainable” 7a.

Transit Services“Detailed

Requirements” 7b.

10.

Page 62 of 371


Table 4-1 Categories of Municipal Services

To Be Addressed as Part of the Calculation

Categories of Municipal Services

Eligibility for

Inclusion in the D.C. Calculation

Service Components

Maximum Potential

D.C. Recovery %

1. Services Related to a Highway

Yes Yes Yes

No Yes Yes Yes

1.1 Arterial roads 1.2 Collector roads 1.3 Bridges, Culverts and Roundabouts 1.4 Local municipal roads 1.5 Traffic signals 1.6 Sidewalks and streetlights 1.7 Active Transportation

100 100 100

0

100 100 100

2. Other Transportation Services

n/a n/a Yes

Yes

Yes Yes n/a n/a

2.1 Transit vehicles1 & facilities 2.2 Other transit infrastructure 2.3 Municipal parking spaces -

indoor 2.4 Municipal parking spaces -

outdoor 2.5 Works Yards 2.6 Rolling stock1 2.7 Ferries 2.8 Airport

100 100 90

90

100 100 90 90

3. Stormwater Drainage and Control Services

Yes

No No

3.1 Main channels and drainage trunks 3.2 Channel connections 3.3 Retention/detention ponds

100

100 100

4. Fire Protection Services

Yes Yes

Yes

4.1 Fire stations 4.2 Fire pumpers, aerials and

rescue vehicles1 4.3 Small equipment and gear

100 100

100

5. Outdoor Recreation Services (i.e. Parks and Open Space)

Ineligible

Yes

Yes

5.1 Acquisition of land for parks, woodlots and E.S.A.s

5.2 Development of area municipal parks

5.3 Development of district parks

0

90

90

1with 7+ year life time *same percentage as service component to which it pertains computer equipment excluded throughout

Page 63 of 371



Eligibility for


Service Components

Maximum Potential

D.C. Recovery %

Yes

Yes

Yes

5.4 Development of municipal-wide parks

5.5 Development of special purpose parks

5.6 Parks rolling stock1 and yards

90

90

90

6. Indoor Recreation Services

Yes

Yes

6.1 Arenas, indoor pools, fitness facilities, community centres, etc. (including land) 6.2 Recreation vehicles and equipment1

90

90

7. Library Services Yes

n/a Yes

7.1 Public library space (incl. furniture and equipment) 7.2 Library vehicles¹ 7.3 Library materials

90

90 90

8. Electrical Power Services

Ineligible Ineligible Ineligible

8.1 Electrical substations 8.2 Electrical distribution system 8.3 Electrical system rolling stock

0 0 0

9. Provision of Cultural, Entertainment and Tourism Facilities and Convention Centres

Ineligible

Ineligible

9.1 Cultural space (e.g. art galleries, museums and theatres) 9.2 Tourism facilities and convention centres

0

0

10. Wastewater Services

Yes Yes No Yes

10.1 Treatment plants 10.2 Sewage trunks 10.3 Local systems 10.4 Vehicles and equipment1

100 100 0

100

11. Water Supply Services

Yes Yes No Yes

11.1 Treatment plants 11.2 Distribution systems 11.3 Local systems 11.4 Vehicles and equipment1

100 100 0

100

12. Waste Management Services

Ineligible

12.1 Landfill collection, transfer vehicles and equipment

0

1with 7+ year life time

Page 64 of 371



Eligibility for


Service Components

Maximum Potential

D.C. Recovery %

Ineligible

n/a n/a

12.2 Landfills and other disposal facilities

12.3 Waste diversion facilities 12.4 Waste diversion vehicles and

equipment1

0

90 90

13. Police Services n/a n/a n/a

13.1 Police detachments 13.2 Police rolling stock1 13.3 Small equipment and gear

100 100 100

14. Homes for the Aged

n/a n/a

14.1 Homes for the aged space 14.2 Vehicles1

90 90

15. Child Care n/a n/a

15.1 Child care space 15.2 Vehicles1

90 90

16. Health Yes n/a

16.1 Health department space 16.2 Health department

vehicles¹

90 90

17. Social Housing n/a 17.1 Social Housing space 90

18. Provincial Offences Act (P.O.A.)

n/a 18.1 P.O.A. space 90

19. Social Services n/a 19.1 Social service space 90

20. Ambulance n/a n/a

20.1 Ambulance station space 20.2 Vehicles1

90 90

21. Hospital Provision

Ineligible 21.1 Hospital capital contributions 0

22. Provision of Headquarters for the General Administration of Municipalities and Area Municipal Boards

Ineligible Ineligible Ineligible

22.1 Office space 22.2 Office furniture 22.3 Computer equipment

0 0 0

1with 7+ year life time

Page 65 of 371



Eligibility for


Service Components

Maximum Potential

D.C. Recovery %

23. Other Services Yes

Yes

23.1 Studies in connection with acquiring buildings, rolling stock, materials and equipment, and improving land2 and facilities, including the D.C. background study cost

23.2 Interest on money borrowed to pay for growth-related capital

0-100

0-100

1with a 7+ year life time 2same percentage as service component to which it pertains

Eligibility for Inclusion in the D.C. Calculation

Description

Yes Municipality provides the service – service has been included in the D.C. calculation.

No Municipality provides the service – service has not been included in the D.C. calculation.

n/a Municipality does not provide the service.

Ineligible Service is ineligible for inclusion in the D.C. calculation.

Page 66 of 371


4.4 Local Service Policy

Some of the need for services generated by additional development consists of local

services related to a plan of subdivision. As such, they will be required as a condition of

subdivision agreements or consent conditions. The Municipality’s general policy

guidelines on D.C. and local service funding is detailed in Appendix D to this report.

4.5 Capital Forecast

Paragraph 7 of s.s.5(1) of the D.C.A. requires that, “the capital costs necessary to

provide the increased services must be estimated.” The Act goes on to require two

potential cost reductions and the Regulation sets out the way in which such costs are to

be presented. These requirements are outlined below.

These estimates involve capital costing of the increased services discussed above.

This entails costing actual projects or the provision of service units, depending on how

each service has been addressed.

The capital costs include:

• costs to acquire land or an interest therein (including a leasehold interest);

• costs to improve land;

• costs to acquire, lease, construct or improve buildings and structures;

• costs to acquire, lease or improve facilities including rolling stock (with a useful

life of 7 or more years), furniture and equipment (other than computer

equipment), materials acquired for library circulation, reference or information

purposes;

• interest on money borrowed to pay for the above-referenced costs;

• costs to undertake studies in connection with the above-referenced matters; and

• costs of the D.C. background study.

In order for an increase in need for service to be included in the D.C. calculation,

municipal council must indicate “...that it intends to ensure that such an increase in need

will be met” (s.s.5(1)3). This can be done if the increase in service forms part of a

Council-approved Official Plan, capital forecast or similar expression of the intention of

Council (O.Reg. 82/98 s.3). The capital program contained herein reflects the

Page 67 of 371


Municipality’s 2014 D.C. Background Study, approved and proposed capital budgets,

and master servicing/needs studies.

4.6 Treatment of Credits

Section 8 para. 5 of O.Reg. 82/98 indicates that a D.C. background study must set out,

“the estimated value of credits that are being carried forward relating to the service.”

s.s.17 para. 4 of the same Regulation indicates that, “...the value of the credit cannot be

recovered from future D.C.s,” if the credit pertains to an ineligible service. This implies

that a credit for eligible services can be recovered from future D.C.s. As a result, this

provision should be made in the calculation, in order to avoid a funding shortfall with

respect to future service needs.

The Municipality has no outstanding D.C. credit obligations for services that have been

emplaced by developers on behalf of the Municipality.

4.7 Eligible Debt and Committed Excess Capacity

Section 66 of the D.C.A., 1997 states that for the purposes of developing a D.C. by-law,

a debt incurred with respect to an eligible service may be included as a capital cost,

subject to any limitations or reductions in the Act. Similarly, s.18 of O.Reg. 82/98

indicates that debt with respect to an ineligible service may be included as a capital

cost, subject to several restrictions.

In order for such costs to be eligible, two conditions must apply. First, they must have

funded excess capacity which is able to meet service needs attributable to the

anticipated development. Second, the excess capacity must be “committed,” that is,

either before or at the time it was created, Council must have expressed a clear

intention that it would be paid for by D.C.s or other similar charges. For example, this

may have been done as part of previous D.C. processes.

Outstanding debt payments related to the growth-related costs of the Water Treatment

Plant, the Community Centre, and the Library Expansion, have been included in the

2019 D.C. calculations.

Page 68 of 371


4.8 Existing Reserve Funds

Section 35 of the D.C.A. states that:

“The money in a reserve fund established for a service may be spent only for capital

costs determined under paragraphs 2 to 8 of subsection 5(1).”

There is no explicit requirement under the D.C.A. calculation method set out in s.s.5(1)

to net the outstanding reserve fund balance as part of making the D.C. calculation;

however, s.35 does restrict the way in which the funds are used in future.

The Municipality’s D.C. Reserve Funds balances, by service, are presented in Table 4-2

below. These balances have been applied against future spending requirements for all

services.


Estimated D.C. Reserve Funds Balances (as at December 31, 2018)

4.9 Deductions

The D.C.A. potentially requires that five deductions be made to the increase in the need

for service. These relate to:

• the level of service ceiling;

• uncommitted excess capacity;

• benefit to existing development;

• anticipated grants, subsidies and other contributions; and

• a 10% reduction for certain services.

Service Totals

Roads and Related 1,169,073$

Fire Protection Services 97,682$

Parks and Recreation 581,051$

Library Services 74,997$

Administration - Studies 42,884$

Wastewater 898,087$

Water 562,731$

Total $3,426,506

Page 69 of 371


The requirements behind each of these reductions are addressed as follows:

4.9.1 Reduction Required by Level of Service Ceiling

This is designed to ensure that the increase in need, for non-transit services, included in

4.2 does “…not include an increase that would result in the level of service (for the

additional development increment) exceeding the average level of the service provided

in the Municipality over the 10 year period immediately preceding the preparation of the

background study…” O.Reg. 82.98 (s.4) goes further to indicate that, “…both the

quantity and quality of a service shall be taken into account in determining the level of

service and the average level of service.”

In many cases, this can be done by establishing a quantity measure in terms of units as

floor area, land area or road length per capita, and a quality measure in terms of the

average cost of providing such units based on replacement costs, engineering

standards or recognized performance measurement systems, depending on

circumstances. When the quantity and quality factor are multiplied together, they

produce a measure of the level of service, which meets the requirements of the Act, i.e.

cost per unit.

With respect to transit services, the D.C.A requires that the estimate for the increase in

the need cannot exceed the planned level of service over the 10-year period

immediately following the preparation of the background study. The planned level of

service for transit must not include a portion of the service that is intended to benefit

anticipated development after the 10-year period immediately following the preparation

of the background study or excess capacity at the end of the 10-year period

immediately following the preparation of the background study.

Moreover, for transit services, the background study, must also include:

a) an assessment of ridership forecasts for all modes of transit services proposed to

be funded by the D.C. over the 10-year period immediately following the

preparation of the background study, categorized by development types, and

whether the forecasted ridership will be from existing or planned development;

and

Page 70 of 371


b) an assessment of the ridership capacity for all modes of transit services

proposed to be funded by the D.C. over the 10-year period immediately following

the preparation of the background study.

The average service level calculation sheets for each service component in the D.C.

calculation are set out in Appendix B.

4.9.2 Reduction for Uncommitted Excess Capacity

Paragraph 5 of s.s.5(1) requires a deduction from the increase in the need for service

attributable to the anticipated development that can be met using the Municipality’s

“excess capacity,” other than excess capacity which is “committed” (discussed above in

4.6).

“Excess capacity” is undefined, but in this case, must be able to meet some or all of the

increase in need for service, in order to potentially represent a deduction. The

deduction of uncommitted excess capacity from the future increase in the need for

service, would normally occur as part of the conceptual planning and feasibility work

associated with justifying and sizing new facilities, e.g. if a road widening to

accommodate increased traffic is not required because sufficient excess capacity is

already available, then widening would not be included as an increase in need, in the

first instance.

4.9.3 Reduction for Benefit to Existing Development

This step involves a further reduction to the need, by the extent to which such an

increase in service would benefit existing development. The level of services cap in

section 4.9.1 is related, but is not the identical requirement.

Where existing development has an adequate service level which will not be tangibly

increased by an increase in service, no benefit would appear to be involved. For

example, where expanding existing library facilities simply replicates what existing

residents are receiving, they receive very limited (or no) benefit as a result. On the

other hand, where a clear existing service problem is to be remedied, a deduction

should be made accordingly.

In the case of services such as recreation facilities, community parks, libraries, etc., the

service is typically provided on a municipal-wide system basis. For example, facilities of

Page 71 of 371


the same type may provide different services (i.e. leisure pool vs. competitive pool),

different programs (i.e. hockey vs. figure skating) and different time availability for the

same service (i.e. leisure skating available on Wednesday in one arena and Thursday in

another). As a result, residents will travel to different facilities to access the services

they want at the times they wish to use them, and facility location generally does not

correlate directly with residence location. Even where it does, displacing users from an

existing facility to a new facility frees up capacity for use by others and generally results

in only a very limited benefit to existing development. Further, where an increase in

demand is not met for a number of years, a negative service impact to existing

development is involved for a portion of the planning period.

4.9.4 Reduction for Anticipated Grants, Subsidies, and Other Contributions

This step involves reducing the capital costs necessary to provide the increased

services by capital grants, subsidies and other contributions made or anticipated by

Council and in accordance with various rules such as the attribution between the share

related to new vs. existing development O.Reg. 82.98, s.6. Where grant programs do

not allow funds to be applied to growth-related capital needs, the proceeds can be

applied to the non-growth share of the project exclusively. Moreover, Gas Tax

revenues are typically used to fund non-growth-related works or the non-growth share

of D.C. projects, given that the contribution is not being made in respect of specific

growth-related capital projects.

4.9.5 The 10% Reduction

Paragraph 8 of s.s.(1) of the D.C.A. requires that, “the capital costs must be reduced by

10 percent.” This paragraph does not apply to water supply services, wastewater

services, stormwater drainage and control services, services related to a highway,

police, and fire protection services. The primary services that the 10% reduction does

apply to include services such as parks and recreation and libraries.

The 10% is to be netted from the capital costs necessary to provide the increased

services, once the other deductions have been made, as per the infrastructure cost

sheets in Chapter 5.

Page 72 of 371


4.10 Municipal-Wide vs. Area Rating

This step involves determining whether all of the subject costs are to be recovered on a

uniform municipal-wide basis or whether some or all are to be recovered on an area-

specific basis. Under the D.C.A., it is now mandatory to “consider” area-rating of

services (providing charges for specific areas and services), however, it is not

mandatory to implement area-rating. Further discussion is provided in section 7.3.8.

4.11 Allocation of Development

This step involves relating the costs involved to anticipated development for each period

under consideration and using allocations between residential and non-residential

development and between one type of development and another, to arrive at a schedule

of charges

Page 73 of 371


Chapter 5 D.C. Eligible Cost Analysis by Service

Page 74 of 371


D.C. Eligible Cost Analysis by Service

This chapter outlines the basis for calculating D.C. eligible costs for the D.C.s to be

applied on a uniform basis. The required calculation process set out in s.5(1)

paragraphs 2 to 8 in the D.C.A., 1997, and described in Chapter 4, was followed in

determining D.C. eligible costs.

The nature of the capital projects and timing identified in this chapter reflects Council’s

current intention. However, over time, municipal projects and Council priorities change

and, accordingly, Council’s intentions may alter and different capital projects (and

timing) may be required to meet the need for services required by new growth.

5.1 Service Levels and 10-Year Capital Costs for Municipal-wide D.C. Calculation

This section evaluates the development-related capital requirements for municipal-wide

services over the 10-year planning period (mid-2019 to mid-2029). Each service

component is evaluated on two format sheets: the average historical 10-year level of

service calculation (see Appendix B), which “caps” the D.C. amounts; and the

infrastructure cost calculation, which determines the potential D.C. recoverable cost.

5.1.1 Parks and Recreation

The Municipality currently maintains approximately 40.6 acres of developed parkland,

23.5 kilometres of trails, 18 vehicles, and 57,232 square feet (sq.ft.) of indoor facility

space maintained for the provision of parks and recreation services. The Municipality’s

level of service over the historical 10-year period averaged $2,225 per capita. In total,

the maximum D.C. eligible amount for Parks and Recreation Services over the 10-year

forecast period is approximately $1.5 million based on the established level of service.

The 10-year capital needs for Parks and Recreation Services to accommodate growth

have a total gross capital cost of approximately $1.8 million. These capital needs

include development of trails and parks, design and land acquisition costs related to

new indoor recreation space, vehicles and equipment, and repayment of debt incurred

for the Community Centre. Deductions of approximately $309,000 have been made to

reflect benefit to existing development, $125,000 for grants and other contributions

attributable to new development, and $135,000 for the statutory 10% deduction.

Page 75 of 371


Additionally, $581,000 has been deducted to account for the existing D.C. reserve fund

balance. The resulting net growth-related capital costs for inclusion in the D.C.

calculation total approximately $634,000.

As the predominant users of Parks and Recreation Services tend to be residents of the

Municipality, the forecast growth-related costs have been allocated 95% to residential

and 5% to non-residential.

5.1.2 Library Services

The Municipality’s Library Services are provided through two branches, which provide a

combined total of 6,533 sq.ft. of library space, and through the provision of

approximately 130,000 collection items. The average level of service over the past 10

years was approximately $627 per capita. Based on the application of this level of

service to the incremental forecast growth, the Municipality would be eligible to collect

approximately $424,000 from D.C.s for library services over the forecast period.

The capital needs required to accommodate growth have a total gross capital cost

estimate of $499,000. These costs include a provision for the purchase of additional

collection materials and unfunded committed capacity for the recently completed library

expansion (i.e. the unfunded D.C. eligible cost share only). A deduction of

approximately $75,000 in recognition of the funds collected from prior development

charges and available in the D.C. reserve fund is included. The statutory 10%

deduction required for library services totals approximately $33,000. Resultantly,

approximately $391,000 of growth-related costs have been included in the calculation of

the charge for the 10-year forecast period.

Similar to Parks and Recreation Services, as the predominant users of Library Services

tend to be residents of the Municipality, the forecast growth-related costs have been

allocated 95% to residential and 5% to non-residential.

5.1.3 Health Services

Municipal Health Services are provided through 8,835 sq.ft. of facility space, which

equates to an average level of service over the past 10 years of approximately $364 per

capita. Based on the application of this level of service to the incremental forecast

growth, the Municipality would be eligible to collect approximately a maximum of

$246,000 from D.C.s for health services over the forecast period.

Page 76 of 371


The 10-year capital needs for Health Services to accommodate growth have a total

gross capital cost of approximately $987,000. These capital needs consist of an

addition to the Brighton Health Services Centre of approximately 2,500 square feet.

Deductions of approximately $462,000 have been made to reflect benefit to existing

development and $25,000 for the statutory 10% deduction. The resulting net growth-

related capital costs for inclusion in the D.C. calculation total approximately $221,000.

As the predominant users of Health Services tend to be residents of the Municipality,

the forecast growth-related costs have been allocated 95% to residential and 5% to

non-residential.

5.1.4 Administration Studies

The D.C.A. permits the inclusion of studies undertaken to facilitate the completion of the

Municipality’s capital works program and to support the preparation of future D.C.

background studies. The Municipality has made provisions for the inclusion of two

future D.C. background studies, an Official Plan Review, a Mature Neighbourhood

Study/Zoning By-law review, an Asset Management Plan, a Community Improvement

Plan, and a Recreation Study.

The costs of these projects are expected to total approximately $345,000 over the 10-

year forecast period. A deduction of approximately $166,000 for benefit to existing

development and $43,000 to reflect the existing D.C. reserve fund balance have been

applied. A further deduction of approximately $18,000 is provided to satisfy the 10%

statutory deduction requirement.

The resultant net growth-related capital costs included in the calculation of the charge

total approximately $118,000. These costs have been allocated 79% residential and

21% non-residential based on the incremental growth in population to employment for

the 10-year forecast period.

Page 77 of 371


Infrastructure Costs Covered in the D.C. Calculation – Parks and Recreation Services

Less:

Prj.NoResidential

Share

Non-

Residential

Share

2019-2029 95% 5%

1 Community Centre Debt 2019-2028 824,362 824,362 156,629 667,733 66,773 600,960 570,912 30,048

2Trail Expansions - Grimes/Simpsons

Property250,000 250,000 - 250,000 25,000 225,000 213,750 11,250

3Trail Expansions - Stalwood Upper

Section25,000 25,000 - 25,000 2,500 22,500 21,375 1,125

4 Skateboard Park Expansion 2020 225,000 225,000 - 125,000 100,000 10,000 90,000 85,500 4,500

5 Pickleball Courts (3) 2021 100,000 100,000 - 100,000 10,000 90,000 85,500 4,500

6 72" Zero Turn Mower Units (2) 2019 35,000 35,000 29,167 5,833 583 5,250 4,988 263

7 ATV 2020 25,000 25,000 - 25,000 2,500 22,500 21,375 1,125

8 Curling Club & Arena - Design Study 50,000 50,000 20,616 29,384 2,938 26,446 25,123 1,322

9 Curling Club & Arena - Land Acquisition 250,000 250,000 103,080 146,920 14,692 132,228 125,616 6,611

- - - - - - - -

Reserve Fund Adjustment - - - (581,051) - (581,051) (551,999) (29,053)

Total 1,784,362 - - 1,784,362 309,492 125,000 768,819 134,987 633,832 602,140 31,692

Other (e.g.

10%

Statutory

Deduction)

Total

Less: Potential D.C. Recoverable Cost

Gross

Capital Cost

Estimate

(2019$)

Increased Service Needs Attributable

to Anticipated DevelopmentTiming

(year)

Post

Period

Benefit

Other

Deductions

Net Capital

CostSubtotal

Benefit to

Existing

Development

Grants,

Subsidies

and Other

Contributions

Attributable

to New

Development

Page 78 of 371


Infrastructure Costs Covered in the D.C. Calculation – Library Services

Less:

Prj.NoResidential

Share

Non-

Residential

Share

2019-2029 95% 5%

1 Additional Collection Materials 2019-2029 327,860 - 327,860 - 327,860 32,786 295,074 280,320 14,754

2Library Expansion - Unfunded

Committed Capacity170,678 - 170,678 - 170,678 170,678 162,144 8,534

- - - - - - - - -

Reserve Fund Adjustment - - - - (74,997) - (74,997) (71,247) (3,750)

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

Total 498,538 - - 498,538 - - 423,541 32,786 390,755 371,217 19,538

Other (e.g.

10%

Statutory

Deduction)

Total


Gross

Capital Cost

Estimate

(2019$)

Increased Service Needs

Attributable to Anticipated

DevelopmentTiming

(year)

Post Period

Benefit

Other

Deductions

Net Capital

CostSubtotal

Benefit to

Existing

Development

Grants,

Subsidies

and Other

Contributions

Attributable

to New

Development

Page 79 of 371


Infrastructure Costs Covered in the D.C. Calculation – Health Services

Less:

Residential

Share

Non-

Residential

Share

2019-2029 95% 5%

Brighton Health Services

Centre Addition (2,500 sq.ft.)2019 987,276 279,245 708,031 462,238 245,794 24,579 221,214 210,154 11,061

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

Total 987,276 279,245 - 708,031 462,238 - 245,794 24,579 221,214 210,154 11,061

Total




Development

Timing

(year)

Gross

Capital Cost

Estimate

(2019$)

Post

Period

Benefit

Other

Deductions

Net Capital

CostSubtotal

Benefit to

Existing

Development

Grants,

Subsidies

and Other

Contribution

s Attributable

to New

Development

Other (e.g.

10%

Statutory

Deduction)

Page 80 of 371


Infrastructure Costs Covered in the D.C. Calculation – Administration Studies

Less:

Prj.NoResidential

Share

Non-

Residential

Share

2019-2029 79% 21%

1 Development Charges Study 2019/24 65,000 - 65,000 - 65,000 6,500 58,500 46,215 12,285

2 Official Plan Review 2019 59,000 - 59,000 29,500 29,500 2,950 26,550 20,975 5,576

3 Mature Neighbourhood Study/Zoning Bylaw 2019 61,000 - 61,000 30,500 30,500 3,050 27,450 21,686 5,765

4 Asset Management Plan 60,000 - 60,000 56,233 3,767 377 3,390 2,678 712

5 CIP (brownfields) 2021 50,000 - 50,000 25,000 25,000 2,500 22,500 17,775 4,725

6 Recreational Study 50,000 - 50,000 25,000 25,000 2,500 22,500 17,775 4,725

- - - - - - - -

- - - - - - - -

- - - - - - - -

Reserve Fund Adjustment - - - - (42,884) - (42,884) (33,879) (9,006)

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

- - - - - - - - -

Total 345,000 - - 345,000 166,233 - 135,883 17,877 118,006 93,225 24,781

Increased Service Needs Attributable to

Anticipated DevelopmentTiming

(year)

Gross

Capital Cost

Estimate

(2019$)

Post

Period

Benefit

Other

Deductions

Net Capital

CostSubtotal

Benefit to

Existing

Development

Grants,

Subsidies

and Other

Contribution

s Attributable

to New

Development

Other (e.g.

10%

Statutory

Deduction)

Total


Page 81 of 371


5.2 Service Levels and 22-Year Capital Costs for Municipal-wide D.C. Calculation

This section evaluates the development-related capital requirements for select services

related to the 22-year planning period (mid-2019 to mid-2041). Each service

component is evaluated on two format sheets: the average historical 10-year level of

service calculation (see Appendix B), which “caps” the D.C. amounts; and the

infrastructure cost calculation, which determines the potential D.C. recoverable cost.

5.2.1 Roads and Related Services

The Municipality has 219 kilometres of roadways, excluding local roads. In addition,

the Municipality utilizes approximately 33,629 sq.ft. of facility space, and 39 vehicles

and equipment items in the provision of Roads and Related Services. This total

inventory of assets over the past 10 years results in an invested average historical level

of service of $14,387 per capita. When applied to the municipal-wide forecast

population growth to 2041, a maximum D.C. eligible cost of approximately $11.1 million

could be expected to meet the future increase in needs for service.

Review of the Municipality’s roads needs for the forecast period identified approximately

$7.7 million in gross capital costs. These costs include various road construction

projects. Recognizing the benefit to existing development through the resurfacing and

replacement of existing infrastructure at the time of addressing growth needs,

approximately $3.2 million has been deducted from the gross capital costs.

Additionally, a deduction of approximately $1.2 million in recognition of the funds

collected from prior development charges and available in the D.C. reserve fund is

included. As a result, approximately $3.3 million in growth-related needs have been

included in the calculation of the D.C.

The allocation of net growth-related costs for Roads between residential and non-

residential development is 75% residential and 25% non-residential, based on forecast

incremental population and employment growth over the 22-year period.

5.2.2 Fire Protection Services

There are currently two fire stations located in the Municipality, with a combined gross

floor area of 10,908 sq.ft. The Municipality also maintains 10 vehicles, 40 fully equipped

Page 82 of 371


firefighters, and 260 other equipment items. In total, the average level of service

provided through the capital infrastructure has been $506 per capita. In aggregate, the

maximum D.C. eligible amount that could be included in the calculation of the charge for

Fire Protection Services is approximately $389,000.

Based on discussions with the Municipality’s staff, the anticipated capital needs include

a facility review, additional facility space, a fire master plan, provision for equipping two

additional firefighters, and a community risk assessment. The gross capital costs for

these needs total approximately $712,000. A deduction of approximately $197,000

have been made to reflect the benefits accruing to future development in the Urban

Station expansion project beyond the 2041 forecast (i.e. post-period benefit). A further

deduction of $28,000 has been provided to recognize the benefits to the existing

community within the Community Risk Assessment. Approximately $98,000 has been

deducted to reflect the existing D.C. reserve fund balance for Fire Services.

In total, approximately $389,000 in growth-related needs have been included in the

calculation of the D.C. The allocation of net growth-related costs for Fire Services

between residential and non-residential development is 75% residential and 25% non-

residential, based on forecast incremental population and employment growth.

Page 83 of 371


Infrastructure Costs Covered in the D.C. Calculation – Roads and Related Services

Less:

Prj .NoResidential

Share

Non-

Residential

Share

2019-2041 75% 25%

1 Monck St. (Maplewood St. to Ontario St.) 2019 426,882 - 426,882 243,926 182,956 137,217 45,739

2 Napier St. (Monck St. to Napoleon St.) 2019 603,733 - 603,733 106,265 497,468 373,101 124,367

3 Sanford St. (Platt St. to Princess St.) 2020 811,600 - 811,600 149,655 661,945 496,459 165,486

4 Platt St. (Sanford St. to Main St.) 2020 216,000 - 216,000 37,419 178,581 133,936 44,645

5 Russell Street (Ontario St. to Napier St.) 2019 535,541 - 535,541 - 535,541 401,656 133,885

6 Sharp Road Improvements (100m) 220,000 - 220,000 125,711 94,289 70,717 23,572

7Loyalist Drive (County Road 64 to Applewood

Dr.) - Reconstruction and upgrade950,000 - 950,000 542,842 407,158 305,368 101,789

8Applewood Drive (Loyalist Dr. to Dead End) -

Reconstruction and upgrade960,000 - 960,000 548,557 411,443 308,583 102,861

9 Kingsley Avenue (725m) 1,620,000 - 1,620,000 925,689 694,311 520,733 173,578

10 Pinnacle St. South (200m) 450,000 - 450,000 257,136 192,864 144,648 48,216

11 North Dr. (220m) 490,000 - 490,000 279,992 210,008 157,506 52,502

12 Sidewalk Plow 2019 175,000 - 175,000 - 175,000 131,250 43,750

13 Single Axle Truck 2022 260,000 - 260,000 - 260,000 195,000 65,000

- - - - - - -

Reserve Fund Adjustment - - - - (1,169,073) (876,805) (292,268)

Total 7,718,756 - - 7,718,756 3,217,192 - 3,332,490 2,499,368 833,123

Net Capital

Cost



(year)

Gross

Capital

Cost

Estimate

(2019$)

Post

Period

Benefit

Other

DeductionsBenefit to

Existing

Development

Grants, Subsidies

and Other

Contributions

Attributable to New

Development

Total

Potential D.C. Recoverable Cost

Page 84 of 371


Infrastructure Costs Covered in the D.C. Calculation – Fire Protection Services


Prj .NoResidential

Share

Non-

Residential

Share

2019-2041 75% 25%

1 Facility Review 2021 28,400 - 28,400 - 28,400 21,300 7,100

2 Expansion to Urban (South) Station 2021 568,300 196,922 371,378 - 371,378 278,534 92,845

3 Fire Master Plan 2023 80,000 - 80,000 - 80,000 60,000 20,000

4 Provision for additional firefighters (2) 5,250 - 5,250 - 5,250 3,938 1,313

5 Community Risk Assessment 2021 30,000 - 30,000 28,117 1,883 1,413 471

- - - - - -

- - - - - -

- - - - - -

Reserve Fund Adjustment - - - - (97,682) (73,262) (24,421)

- - - - - - -

- - - - - - -

- - - - - - -

- - - - - - -

- - - - - - -

Total 711,950 196,922 0 515,028 28,117 0 389,229 291,922 97,307



Development

Timing

(year)Benefit to

Existing

Development

Grants, Subsidies

and Other

Contributions

Attributable to New

Development

Total

Post

Period

Benefit

Other

Deductions

Net Capital

Cost

Gross

Capital

Cost

Estimate

(2019$)

Page 85 of 371


5.3 Service Levels and Urban Buildout Capital Costs for Area-Specific D.C. Calculation

This D.C. Background Study provides for the uniform application of wastewater and

water charges within the municipally serviced urban area. The anticipated

development-related capital requirements for these services have been considered over

the urban buildout forecast period.

5.3.1 Wastewater Services

The capital plan for wastewater services includes required improvements at the

wastewater treatment facility, upgrades to the lift station, a lift station performance

assessment, a forcemain replacement and upsizing, a garage at the lagoon, a new

vehicle, and aerators.

In total, the gross capital cost estimates amount to $7.5 million. Approximately $4.6

million has been deducted for benefits to existing development and $1.3 million for

grants, subsidies, and other contributions attributable to new development.

Furthermore, approximately $898,000 has been deducted to reflect the existing D.C.

reserve fund balance.

The net capital costs identified for inclusion in the calculation of the D.C. total

approximately $695,000. These costs have been allocated 74% residential and 26%

non-residential, based on forecast incremental population and employment growth.

5.3.2 Water Services

The capital plan for water services over the buildout forecast period includes the

repayment of debt related to prior improvements at the Municipal water plant,

construction and oversizing of water mains, and water modelling to assess future

needs.

In total, the gross capital cost estimates are $4.3 million. Deductions of approximately

$2.6 million for benefit to existing development and $563,000 for the existing D.C.

reserve fund balance have been applied. The net capital costs identified for inclusion in

the calculation of the D.C. total approximately $1.1 million. These costs have been

allocated 74% residential and 26% non-residential, based on forecast incremental

population and employment growth.

Page 86 of 371


Infrastructure Costs Covered in the D.C. Calculation – Wastewater Services

Residential

Share

Non-

Residential

Share

2019-Buildout 74% 26%

1 Ammonia Removal - Required Improvements 2020 5,350,000 - 5,350,000 3,477,500 936,250 936,250 692,825 243,425

2 Upgrading Lift Station 2020 1,000,000 - 1,000,000 650,000 175,000 175,000 129,500 45,500

3Lift Station Performance Assessment (due to

increased load)170,500 - 170,500 - 170,500 126,170 44,330

4 Forcemain Replacement and Upsizing 2020 750,000 - 750,000 375,000 187,500 187,500 138,750 48,750

5 Garage at Lagoon 2020 60,000 - 60,000 39,000 21,000 15,540 5,460

6 Vehicle (Truck) 2019 50,000 - 50,000 - 50,000 37,000 13,000

7 Aerators 2019 150,000 - 150,000 97,500 52,500 38,850 13,650

- - - - - - -


Total 7,530,500 - - 7,530,500 4,639,000 1,298,750 694,663 514,051 180,612

Prj.No



(year)

Gross

Capital

Cost

Estimate

(2019$)

Post

Period

Benefit

Other

Deductions

Net Capital

Cost


Benefit to

Existing

Development

Grants, Subsidies

and Other

Contributions

Attributable to New

Development

Total

Page 87 of 371


Infrastructure Costs Covered in the D.C. Calculation – Water Services

Residential

Share

Non-

Residential

Share

2019-Buildout 74% 26%

1 Water Plant Outstanding Debt 1,877,682 - 1,877,682 1,220,493 657,189 486,320 170,869

2New 150mm watermain on Applewood:

Loyalist to Stephen (145m)2021 147,000 - 147,000 - 147,000 108,780 38,220

3Replace 150mm with 250mm on Main St from

Prince Edward Street to Ontario Street866,000 - 866,000 519,600 346,400 256,336 90,064

4Replace 100 mm with 250 mm on Main St

from Percy St to service boundary944,000 - 944,000 594,720 349,280 258,467 90,813

5Replace 100mm with 150mm on Lyons St:

Prince Edward to Division St S (160m)152,000 - 152,000 100,320 51,680 38,243 13,437

6Replace 100mm with 150mm on Division St

S: Lyons St to Butler St (115m)249,000 - 249,000 164,340 84,660 62,648 22,012

7 Water Modelling 2019 75,000 - 75,000 7,500 67,500 49,950 17,550

- - - - - - -


Total 4,310,682 - - 4,310,682 2,606,973 - 1,140,977 844,323 296,654

Prj.No



(year)

Gross

Capital

Cost

Estimate

(2019$)

Post

Period

Benefit

Other

Deductions

Net Capital

Cost


Benefit to

Existing

Development

Grants, Subsidies

and Other

Contributions

Attributable to New

Development

Total

Page 88 of 371


Chapter 6 D.C. Calculation

Page 89 of 371


D.C. Calculation

This chapter presents the calculation of the development charge for residential and non-

residential types of development. Table 6-1 to Table 6-3 calculate the proposed D.C.

for the growth-related capital costs identified in Chapter 5. The D.C. eligible costs for

each service component are provided in Chapter 5 for all municipal services, based on

their proposed capital programs.

Table 6-1 presents the Area-Specific D.C. calculation for Wastewater and Water-related

services over the urban service area buildout planning horizon. Table 6-2 presents the

Municipal-wide D.C. calculation for Roads and Related Services and Fire Protection

Services over the 22-year period to 2041. Table 6-3 presents the Municipal-wide D.C.

calculation for all remaining services identified in Chapter 5 over the 10-year planning

horizon to 2029.

The calculation for residential development is generated on a per capita basis and is

based upon four forms of housing types (single and semi-detached, apartments 2+

bedrooms, bachelor and 1-bedroom apartments, and other multiples). The non-

residential development charge has been calculated on a per square foot of gross floor

area basis for non-residential development (i.e. industrial, commercial, and institutional)

Table 6-4 summarizes the calculated schedule of charges, reflecting the maximum

D.C.s by residential dwelling type and per sq.ft. of G.F.A. for non-residential

development.

Table 6-5 compares the Municipality’s existing charges to the charges proposed herein

(as presented in Table 6-4), for a single detached residential dwelling unit and per sq.ft.

of G.F.A. for non-residential development. The calculated charges for a single

detached residential dwelling unit are $10,264 and $6.18 per sq.ft. of G.F.A. for non-

residential development within the urban area. The calculated residential charge for a

single detached dwelling unit within the urban area represent a 19% ($1,650) increase

relative to the current charge of $8,614 per unit. Similarly, the calculated non-residential

charge in the urban service area is 19% ($1.00/sq.ft.) greater than the current charge of

$5.18 per sq.ft.

Page 90 of 371


Table 6-1 Area-Specific Services D.C. Calculation

2019-Buildout (Urban)

2019$ D.C.-Eligible Cost 2019$ D.C.-Eligible Cost

SERVICE Residential Non-Residential S.D.U. per sq.ft.

1. Wastewater 514,051$ 180,612$ 735$ 0.47$

2. Water 844,323$ 296,654$ 1,208$ 0.78$

TOTAL 1,358,374$ 477,267$ 1,943$ 1.25$

D.C.-Eligible Capital Cost 1,358,374$ 477,267$

Buildout Gross Population/GFA Growth (sq.ft.) 1,711 382,800

Cost Per Capita/Non-Residential GFA (sq.ft.) 793.91$ 1.25$

By Residential Unit Type P.P.U.

Single and Semi-Detached Dwelling 2.448 1,943$

Apartments - 2 Bedrooms + 1.748 1,388$

Apartments - Bachelor and 1 Bedroom 1.284 1,019$

Other Multiples 2.031 1,612$

Page 91 of 371


Table 6-2 Municipal-wide Services D.C. Calculation

2019-2041



3. Roads and Related 2,499,368$ 833,123$ 4,729$ 3.85$

4. Fire Protection 291,922$ 97,307$ 552$ 0.45$

TOTAL 2,791,290$ 930,430$ 5,281$ 4.30$


20-Year Gross Population/GFA Growth (sq.ft.) 1,294 216,300

Cost Per Capita/Non-Residential GFA (sq.ft.) 2,157.10$ 4.30$






Page 92 of 371


Table 6-3 Municipal-wide Services D.C. Calculation

2019-2029



5. Parks and Recreation 602,140$ 31,692$ 1,434$ 0.23$

6. Library Services 371,217$ 19,538$ 884$ 0.14$

7. Health Services 210,154$ 11,061$ 500$ 0.08$

8. Administration - Studies 93,225$ 24,781$ 222$ 0.18$

TOTAL 1,276,736$ 87,071$ 3,040$ 0.63$


10-Year Gross Population/GFA Growth (sq.ft.) 1,028 139,100

Cost Per Capita/Non-Residential GFA (sq.ft.) 1,241.96$ 0.63$






Page 93 of 371


Table 6-4 Schedule of Calculated D.C.s

NON-RESIDENTIAL

Single and Semi-

Detached Dwelling

Apartments - 2

Bedrooms +

Apartments -

Bachelor and 1

Bedroom

Other Multiples(per sq.ft. of Gross

Floor Area)

Municipal Wide Services:


Fire Protection 552 394 290 458 0.45

Parks and Recreation 1,434 1,024 752 1,190 0.23


Health Services 500 357 262 415 0.08


Total Municipal Wide Services 8,321 5,942 4,364 6,903 4.93

Urban Services

Wastewater 735 525 386 610 0.47

Water 1,208 863 634 1,002 0.78


GRAND TOTAL RURAL AREA 8,321 5,942 4,364 6,903 4.93

GRAND TOTAL URBAN AREA 10,264 7,330 5,384 8,515 6.18

RESIDENTIAL

Service

Page 94 of 371


Table 6-5 Comparison of Current and Calculated D.C.s

Current Calculated Current Calculated


Roads and Related 3,309$ 4,729$ 3.17$ 3.85$

Fire Protection 355$ 552$ 0.17$ 0.45$

Parks and Recreation 1,493$ 1,434$ 0.10$ 0.23$

Library Services 270$ 884$ 0.02$ 0.14$

Health Services -$ 500$ -$ 0.08$

Administration - Studies 232$ 222$ 0.28$ 0.18$

Total Municipal Wide Services 5,659$ 8,321$ 3.74$ 4.93$

Area Specific Services:

Wastewater 536$ 735$ 0.26$ 0.47$

Water 2,419$ 1,208$ 1.18$ 0.78$

Total Area Specific Services 2,955$ 1,943$ 1.44$ 1.25$

Grand Total - Urban Area 8,614$ 10,264$ 5.18$ 6.18$

Residential (Single

Detached Dwelling)

Non-Residential

(per sq.ft. GFA)Service

Page 95 of 371


Chapter 7 D.C. Policy Recommendations and D.C. By-law Rules

Page 96 of 371


D.C. Policy Recommendations and D.C. By-law Rules

7.1 Introduction

This chapter outlines the D.C. policy recommendations and by-law rules.

s.s.5(1)9 states that rules must be developed:

“...to determine if a development charge is payable in any particular case and to

determine the amount of the charge, subject to the limitations set out in

subsection 6.”

Paragraph 10 of subsection 5(1) goes on to state that the rules may provide for

exemptions, phasing in and/or indexing of D.C.s.

s.s.5(6) establishes the following restrictions on the rules:

• the total of all D.C.s that would be imposed on anticipated development must not

exceed the capital costs determined under 5(1) 2-8 for all services involved;

• if the rules expressly identify a type of development, they must not provide for it

to pay D.C.s that exceed the capital costs that arise from the increase in the

need for service for that type of development; however, this requirement does not

relate to any particular development;

• if the rules provide for a type of development to have a lower D.C. than is

allowed, the rules for determining D.C.s may not provide for any resulting

shortfall to be made up via other development; and

• with respect to “the rules,” subsection 6 states that a D.C. by-law must expressly

address the matters referred to above re s.s.5(1) para. 9 and 10, as well as how

the rules apply to the redevelopment of land.

7.2 D.C. By-law Structure

It is recommended that:

• the Municipality impose a uniform municipal-wide D.C. calculation for all

municipal services, except for water and wastewater services;

Page 97 of 371


• D.C.s for water and wastewater services be imposed in the municipal serviced

area only; and

• one municipal D.C. by-law be used for all services.

7.3 D.C. By-law Rules

The following sets out the recommended rules governing the calculation, payment and

collection of D.C.s in accordance with subsection 6 of the D.C.A., 1997.

It is recommended that the following provides the basis for the D.C.s:

7.3.1 Payment in any Particular Case

In accordance with the D.C.A., 1997, s.2(2), a D.C. be calculated, payable and collected

where the development requires one or more of the following:

a) the passing of a zoning by-law or of an amendment to a zoning by-law under

Section 34 of the Planning Act;

b) the approval of a minor variance under Section 45 of the Planning Act;

c) a conveyance of land to which a by-law passed under Section 50(7) of the

Planning Act applies;

d) the approval of a plan of subdivision under Section 51 of the Planning Act;

e) a consent under Section 53 of the Planning Act;

f) the approval of a description under Section 50 of the Condominium Act; or

g) the issuing of a building permit under the Building Code Act in relation to a

building or structure.

7.3.2 Determination of the Amount of the Charge

The following conventions be adopted:

1. Costs allocated to residential uses will be assigned to different types of

residential units based on the average occupancy for each housing type

constructed during the previous 10 years. Costs allocated to non-residential

uses will be assigned to industrial, agricultural, and other non-residential uses

based on the G.F.A. constructed.

Page 98 of 371


2. Costs allocated to residential and non-residential uses are based upon a number

of conventions, as may be suited to each municipal circumstance. These are

summarized in Chapter 5 herein.

7.3.3 Application to Redevelopment of Land (Demolition and Conversion)

If a development involves the demolition and replacement of a building or structure on

the same site, or the conversion from one principal use to another, the developer shall

be allowed a credit equivalent to:

• the number of dwelling units demolished/converted multiplied by the applicable

residential D.C. in place at the time the D.C. is payable; and/or

• the G.F.A. of the building demolished/converted multiplied by the current non-

residential D.C. in place at the time the D.C. is payable.

The demolition credit is allowed only if the land was improved by occupied structures

and if the demolition permit related to the site was issued less than sixty (60) months

prior to the issuance of a building permit.

No credit shall be given with respect to the redevelopment, conversions, demolition, or

change of use of a building or structure or part thereof where the existing building or

structure or part thereof would have been exempt from D.C.s in accordance with the

active by-law. The credit can, in no case, exceed the amount of D.C.s that would

otherwise be payable.

7.3.4 Exemptions (full or partial)

Statutory exemptions

• Industrial building additions of up to and including 50% of the existing G.F.A.

(defined in O.Reg. 82/98, s.1) of the building; for industrial building additions

which exceed 50% of the existing G.F.A., only the portion of the addition in

excess of 50% is subject to D.C.s (s.4(3));

• Buildings or structures owned by and used for the purposes of any Municipality,

local board or Board of Education (s.3); and

Page 99 of 371


• Residential development that results in only the enlargement of an existing

dwelling unit, or that results only in the creation of up to two additional dwelling

units (based on prescribed limits set out in s.2 of O.Reg. 82/98).

Non-statutory exemptions

• A place of worship and churchyards, cemeteries or burial grounds exempt from

taxation under Section 3 of the Assessment Act, R.S.O. 1980 c.31; and

• Industrial development.

7.3.5 Phase in Provision(s)

The proposed D.C. By-law will come into effect at the time of By-law passage, and no

transition policy has been proposed.

7.3.6 Timing of Collection

The D.C.s for all services are payable upon issuance of a building permit for each

dwelling unit, building, or structure, subject to early or late payment agreements entered

into by the Municipality and an owner under s.27 of the D.C.A., 1997.

7.3.7 Indexing

All D.C.s will be subject to mandatory indexing annually on the anniversary date of the

enforcement of the by-law, in accordance with provisions under the D.C.A.

7.3.8 D.C. Spatial Applicability

The D.C.A. historically has provided the opportunity for a municipality to impose

municipal-wide charges or area specific charges. Sections 2(7) and 2(8) of the D.C.A.

provide that a D.C. by-law may apply to the entire municipality or only part of it and

more than one D.C. by-law may apply to the same area. Amendments to the D.C.A.

now require municipalities to consider the application of municipal-wide and area-

specific D.C.s. s.10(2)(c.1) requires Council to consider the use of more than one D.C.

by-law to reflect different needs from services in different areas. Most municipalities in

Ontario have established uniform, municipal-wide D.C.s. The Municipality’s approach in

prior D.C. by-laws has been to impose area-specific D.C.s for water and wastewater

services, and Municipal-wide D.C.s for all other services. When area-specific charges

Page 100 of 371


are used, it is generally to underpin master servicing and front-end financing

arrangements for more localized capital costs.

Based on the foregoing and discussions with the Municipality’s staff, area-specific D.C.s

are suitable for urban (water and wastewater) services. The recommendations are:

• to continue to apply municipal-wide D.C.s for administration, roads and related,

fire protection, parks and recreation, and library services;

• to apply municipal-wide D.C.s for health services; and.

• to continue to apply area-specific D.C.s for water and wastewater services.

7.4 Other D.C. By-law Provisions

7.4.1 Categories of Services for Reserve Fund and Credit Purposes

It is recommended that the Municipality’s D.C. collections be contributed into eight (8)

separate reserve funds, including: Roads and Related; Fire Protection; Parks and

Recreation; Library; Health; Administration; Water; and Wastewater.

7.4.2 By-law In-force Date

The proposed by-law under D.C.A., 1997 will come into force on the date of by-law

passage.

7.4.3 Minimum Interest Rate Paid on Refunds and Charged for Inter-Reserve Fund Borrowing

The minimum interest rate is the Bank of Canada rate on the day on which the by-law

comes into force (as per s.11 of O.Reg. 82/98).

7.5 Other Recommendations

It is recommended that Council:

“Approve the capital project listing set out in Chapter 5 of the D.C. Background

Study dated July 4, 2019, subject to further annual review during the capital

budget process;”

“Approve the D.C. Background Study dated July 4, 2019"

Page 101 of 371


“Determine that no further public meeting is required;” and

“Approve the D.C. By-law as set out in Appendix E”.

Page 102 of 371


Chapter 8 Asset Management Plan

Page 103 of 371


Asset Management Plan

8.1 Introduction

The changes to the D.C.A. (new section 10(c.2)) in 2016 require that the background

study must include an Asset Management Plan (A.M.P) related to new infrastructure.

Section 10 (3) of the D.C.A. provides:

The A.M.P. shall,

a) deal with all assets whose capital costs are proposed to be funded under

the development charge by-law;

b) demonstrate that all the assets mentioned in clause (a) are financially

sustainable over their full life cycle;

c) contain any other information that is prescribed; and

d) be prepared in the prescribed manner.

In regard to the above, subsection 8(3) of the Regulations was amended to include

specific detailed requirements for transit services A.M.P.s. As contained in this

subsection there are specific requirements to the content of the A.M.P., particularly the

state of local infrastructure, proposed level of service, asset management strategy, and

financial strategy. For all services except transit, there are no prescribed requirements

at this time, thus requiring municipalities to define the approach to include within the

background study.

At a broad level, the A.M.P. provides for the long-term investment in an asset over its

entire useful life along with the funding. The schematic below identifies the costs for an

asset through its entire lifecycle. For growth-related works, the majority of capital costs

will be funded by the D.C. Non-growth-related expenditures will then be funded from

non-D.C. revenues as noted below. During the useful life of the asset, there will be

minor maintenance costs to extend the life of the asset along with additional program

related expenditures to provide the full services to the residents. At the end of the life of

the asset, it will be replaced by non-D.C. financing sources.

In 2012, the Province developed Building Together: Guide for Municipal Asset

Management Plans which outlines the key elements for an A.M.P., as follows:

Page 104 of 371


State of local infrastructure: asset types, quantities, age, condition, financial

accounting valuation and replacement cost valuation.

Desired levels of service: defines levels of service through performance measures

and discusses any external trends or issues that may affect expected levels of service

or the municipality’s ability to meet them (for example, new accessibility standards,

climate change impacts).

Asset management strategy: the asset management strategy is the set of planned

actions that will seek to generate the desired levels of service in a sustainable way,

while managing risk, at the lowest lifecycle cost.

Financing strategy: having a financial plan is critical for putting an A.M.P. into action.

By having a strong financial plan, municipalities can also demonstrate that they have

made a concerted effort to integrate the A.M.P. with financial planning and municipal

budgeting, and are making full use of all available infrastructure financing tools.

The above provides for the general approach to be considered by Ontario

municipalities. At this time, there is not a mandated approach for municipalities hence

leaving discretion to individual municipalities as to how they plan for the long-term

Page 105 of 371


replacement of their assets. In 2013, the Municipality completed an A.M.P. for all

assets, however, growth-related needs were not considered. As a result, the asset

management requirement for this D.C. has been undertaken independently of the 2013

A.M.P.

In recognition to the schematic in Section 8.1, the following table (presented in 2019$)

has been developed to provide the annualized expenditures and revenues associated

with new growth. Note that the D.C.A. does not require an analysis of the non-D.C.

capital needs or their associated operating costs so these are omitted from the table

below. Furthermore, the following does not represent a fiscal impact assessment

(including future tax/rate increases) but provides insight into the potential affordability of

the new assets:

1. The non-D.C. recoverable portion of the projects which will require financing from

municipal financial resources (i.e. taxation, rates, fees, etc.). This amount has

been presented on an annual debt charge amount based on 20-year financing,

totalling $700,000.

2. Lifecycle costs for the 2019 D.C. capital works have been presented based on a

sinking fund basis. The assets have been considered over their estimated useful

lives.

3. Incremental operating costs for the D.C. services (only) have been included.

4. Total incremental costs attributable to the growth-related expenditures (i.e.

annual lifecycle costs and incremental operating costs) total approximately

$431,000.

5. The resultant total annualized expenditures are approximately $1.1 million.

6. Consideration was given to the potential new taxation and user fee revenues

which could be generated as a result of new growth. These revenues will be

available to finance the expenditures above. The new operating revenues are

$825,000. This amount, totalled with the existing operating revenues of $16.1

million, provide annual revenues of approximately $16.9 million by the end of the

forecast period.

Page 106 of 371


7. The incremental operating revenues of $825,000 will adequately cover the

incremental growth-related expenditures of approximately $431,000. The

remainder of the incremental operating revenues and the existing operating

revenues of $16.1 million can cover the $700,000 of non-D.C. recoverable

expenditures.

8. In consideration of the above, the capital plan is deemed to be financially

sustainable.


Asset Management – Future Expenditures and Associated Revenues (2019$)

Urban Build

Out (Total)

Expenditures (Annualized)

Annual Debt Payment on Non-Growth

Related Capital1 699,555

Annual Debt Payment on Post Period

Capital2 35,037

Annual Lifecycle - Municipal-wide Services 196,647

Annual Lifecycle - Urban Services 147,677

Incremental Operating Costs (for D.C.

Services) $51,172

Total Expenditures $1,130,088

Revenue (Annualized)

Total Existing Revenue3 $16,050,134

Incremental Tax and Non-Tax Revenue

(User Fees, Fines, Licences, etc.) $824,555

Total Revenues $16,874,689

3 As per Sch. 10 of FIR

1 Non-Growth Related component of Projects including 10%

mandatory deduction on soft services2 Interim Debt Financing for Post Period Benefit

Page 107 of 371


Chapter 9 By-law Implementation

Page 108 of 371


By-law Implementation

9.1 Public Consultation

This chapter addresses the mandatory, formal public consultation process (subsection

9.1.1), as well as the optional, informal consultation process (subsection 9.1.2). The

latter is designed to seek the co-operation and involvement of those involved, in order to

produce the most suitable policy. Section 9.2 addresses the anticipated impact of the

D.C. on development, from a generic viewpoint.

9.1.1 Public Meeting of Council

Section 12 of the D.C.A., 1997 indicates that before passing a D.C. by-law, Council

must hold at least one public meeting, giving at least 20 clear days’ notice thereof, in

accordance with the Regulation. Council must also ensure that the proposed by-law

and background report are made available to the public at least two weeks prior to the

(first) meeting.

Any person who attends such a meeting may make representations related to the

proposed by-law.

If a proposed by-law is changed following such a meeting, the Council must determine

whether a further meeting (under this section) is necessary. For example, if the by-law

which is proposed for adoption has been changed in any respect, the Council should

formally consider whether an additional public meeting is required, incorporating this

determination as part of the final by-law or associated resolution. It is noted that

Council’s decision, once made, is final and not subject to review by a Court or the Local

Planning Appeal Tribunal (L.P.A.T.) (formerly the Ontario Municipal Board (O.M.B.)).

9.1.2 Other Consultation Activity

There are three broad groupings of the public who are generally the most concerned

with municipal D.C. policy:

1. The residential development community, consisting of land developers and

builders, who are typically responsible for generating the majority of the D.C.

revenues. Others, such as realtors, are directly impacted by D.C. policy. They

are, therefore, potentially interested in all aspects of the charge, particularly the

Page 109 of 371


quantum by unit type, projects to be funded by the D.C. and the timing thereof,

and municipal policy with respect to development agreements, D.C. credits and

front-ending requirements.

2. The second public grouping embraces the public at large and includes taxpayer

coalition groups and others interested in public policy (e.g. in encouraging a

higher non-automobile modal split).

3. The third grouping is the industrial/commercial/institutional development sector,

consisting of land developers and major owners or organizations with significant

construction plans, such as hotels, entertainment complexes, shopping centres,

offices, industrial buildings and institutions. Also involved are organizations such

as Industry Associations, the Chamber of Commerce, the Board of Trade and the

Economic Development Agencies, who are all potentially interested in municipal

D.C. policy. Their primary concern is frequently with the quantum of the charge,

G.F.A. exclusions such as basement, mechanical or indoor parking areas, or

exemptions and phase-in or capping provisions in order to moderate the impact.

9.2 Anticipated Impact of the Charge on Development

The establishment of sound D.C. policy often requires the achievement of an

acceptable balance between two competing realities. The first is that high non-

residential D.C.s can, to some degree, represent a barrier to increased economic

activity and sustained industrial/commercial growth, particularly for capital intensive

uses. Also, in many cases, increased residential D.C.s can ultimately be expected to be

recovered via higher housing prices and can impact project feasibility in some cases

(e.g. rental apartments).

On the other hand, D.C.s or other municipal capital funding sources need to be obtained

in order to help ensure that the necessary infrastructure and amenities are installed.

The timely installation of such works is a key initiative in providing adequate service

levels and in facilitating strong economic growth, investment and wealth generation.

Page 110 of 371


9.3 Implementation Requirements

Once the Municipality has calculated the charge, prepared the complete background

study, carried out the public process, and passed a new by-law, the emphasis shifts to

implementation matters.

These include notices, potential appeals and complaints, credits, front-ending

agreements, subdivision agreement conditions, and finally the collection of revenues

and funding of projects.

The following provides an overview of the requirements in each case.

9.3.1 Notice of Passage

In accordance with s.13 of the D.C.A., when a D.C. by-law is passed, the municipal

clerk shall give written notice of the passing and of the last day for appealing the by-law

(the day that is 40 days after the day it was passed). Such notice must be given no

later than 20 days after the day the by-law is passed (i.e. as of the day of newspaper

publication or the mailing of the notice).

Section 10 of O.Reg. 82/98 further defines the notice requirements which are

summarized as follows:

• Notice may be given by publication in a newspaper which is (in the Clerk’s

opinion) of sufficient circulation to give the public reasonable notice, or by

personal service, fax or mail to every owner of land in the area to which the by-

law relates;

• s.s.10 (4) lists the persons/organizations who must be given notice; and

• s.s.10 (5) lists the eight items which the notice must cover.

9.3.2 By-law Pamphlet

In addition to the “notice” information, the Municipality must prepare a “pamphlet”

explaining each D.C. by-law in force, setting out:

• a description of the general purpose of the D.C.s;

• the “rules” for determining if a charge is payable in a particular case and for

determining the amount of the charge;

Page 111 of 371


• the services to which the D.C.s relate; and

• a general description of the general purpose of the Treasurer’s statement and

where it may be received by the public.

Where a by-law is not appealed to the L.P.A.T., the pamphlet must be readied within 60

days after the by-law comes into force. Later dates apply to appealed by-laws.

The Municipality must give one copy of the most recent pamphlet, without charge, to

any person who requests one.

9.3.3 Appeals

Sections 13 to 19 of the D.C.A., 1997 set out requirements relative to making and

processing a D.C. by-law appeal and an L.P.A.T. Hearing in response to an appeal.

Any person or organization may appeal a D.C. by-law to the L.P.A.T. by filing a notice of

appeal with the municipal clerk, setting out the objection to the by-law and the reasons

supporting the objection. This must be done by the last day for appealing the by-law,

which is 40 days after the by-law is passed.

9.3.4 Complaints

A person required to pay a D.C., or his agent, may complain to municipal council

imposing the charge that:

• the amount of the charge was incorrectly determined;

• the credit to be used against the D.C. was incorrectly determined; or

• there was an error in the application of the D.C.

Sections 20 to 25 of the D.C.A., 1997 set out the requirements that exist, including the

fact that a complaint may not be made later than 90 days after a D.C. (or any part of it)

is payable. A complainant may appeal the decision of municipal council to the L.P.A.T.

9.3.5 Credits

Sections 38 to 41 of the D.C.A., 1997 set out a number of credit requirements, which

apply where a municipality agrees to allow a person to perform work in the future that

relates to a service in the D.C. by-law.

Page 112 of 371


These credits would be used to reduce the amount of D.C.s to be paid. The value of

the credit is limited to the reasonable cost of the work which does not exceed the

average level of service. The credit applies only to the service to which the work

relates, unless the Municipality agrees to expand the credit to other services for which a

D.C. is payable.

9.3.6 Front-Ending Agreements

The Municipality and one or more landowners may enter into a front-ending agreement

which provides for the costs of a project which will benefit an area in the Municipality to

which the D.C. by-law applies. Such an agreement can provide for the costs to be

borne by one or more parties to the agreement who are, in turn, reimbursed in future by

persons who develop land defined in the agreement.

Part III of the D.C.A., 1997 (Sections 44 to 58) addresses front-ending agreements and

removes some of the obstacles to their use which were contained in the D.C.A., 1989.

Accordingly, the Municipality assesses whether this mechanism is appropriate for its

use, as part of funding projects prior to municipal funds being available.

9.3.7 Severance and Subdivision Agreement Conditions

Section 59 of the D.C.A., 1997 prevents a municipality from imposing directly or

indirectly, a charge related to development or a requirement to construct a service

related to development, by way of a condition or agreement under s.51 or s.53 of the

Planning Act, except for:

• “local services, related to a plan of subdivision or within the area to which the

plan relates, to be installed or paid for by the owner as a condition of approval

under Section 51 of the Planning Act;”

• “local services to be installed or paid for by the owner as a condition of approval

under Section 53 of the Planning Act.”

It is also noted that s.s.59(4) of the D.C.A., 1997 requires that the municipal approval

authority for a draft plan of subdivision under s.s.51(31) of the Planning Act, use its

power to impose conditions to ensure that the first purchaser of newly subdivided land is

informed of all the D.C.s related to the development, at the time the land is transferred.

Page 113 of 371


In this regard, if the municipality in question is a commenting agency, in order to comply

with subsection 59(4) of the D.C.A., 1997 it would need to provide to the approval

authority, information regarding the applicable municipal D.C.s related to the site.

If the municipality is an approval authority for the purposes of Section 51 of the Planning

Act, it would be responsible to ensure that it collects information from all entities which

can impose a D.C.

The most effective way to ensure that purchasers are aware of this condition would be

to require it as a provision in a registered subdivision agreement, so that any purchaser

of the property would be aware of the charges at the time the title was searched prior to

closing a transaction conveying the lands.

Page 114 of 371

Appendices

Page 115 of 371

Watson & Associates Economists Ltd. PAGE A-1 H:\Brighton\2019 DC\Report\2019 Brighton DC Background Study.docx

Appendix A Background Information on Residential and Non-Residential Growth Forecast

Page 116 of 371


PopulationInstitutional

Population

Population

Excluding

Institutional

Population

Singles &

Semi-

Detached

Multiple

Dwellings2 Apartments

3 OtherTotal

Households

Equivalent

Institutional

Households

Mid 2006 10,610 10,253 663 9,590 3,615 125 195 25 3,960 603 2.589

Mid 2011 11,310 10,928 643 10,285 3,975 128 224 47 4,374 585 2.498

Mid 2016 12,250 11,844 684 11,160 4,260 205 245 70 4,780 622 2.478

Mid 2019 12,730 12,308 710 11,598 4,536 205 245 70 5,056 645 2.434

Mid 2029 13,500 13,052 778 12,274 4,885 271 270 70 5,496 707 2.375

Mid 2041 13,580 13,125 758 12,367 4,972 291 278 70 5,611 689 2.339

Buildout 14,290 13,810 768 13,042 5,248 309 300 70 5,927 698 2.330

Mid 2006 - Mid 2011 700 675 -20 695 360 3 29 22 414 -18

Mid 2011 - Mid 2016 940 916 41 875 285 77 21 23 406 37

Mid 2016 - Mid 2019 480 464 26 438 276 0 0 0 276 23

Mid 2019 - Mid 2029 770 744 68 676 349 66 25 0 440 62

Mid 2019 - Mid 2041 850 817 48 769 436 86 33 0 555 44

Mid 2019 - Buildout 1,560 1,502 58 1,444 712 104 55 0 871 53

¹ Census undercount estimated at approximately 3.5%. Note: Population including the undercount has been rounded.

² Includes townhouses and apartments in duplexes.

³ Includes bachelor, 1-bedroom and 2-bedroom+ apartments.

Source: 2041 forecast derived from Northumberland County Housing Forecast by Area Municipality, 2011-2041 forecast for the Municipality of Brighton. Buildout based on urban housing supply potential

identified by the Municipalitiy of Brighton and Northumerland County.

His

tori

ca

lF

ore

cast

Inc

rem

en

tal

Schedule 1


Residential Growth Forecast Summary

Population

(Including

Census

Undercount)¹

Year

Excluding Census Undercount Housing UnitsPerson Per Unit

(P.P.U.): Total

Population/

Total

Households

Page 117 of 371


Source: Historical housing activity derived from Municipality of Brighton building permit data, 2009-2018.

1 Growth forecast represents calendar year.

77

95

7673

6259

63

99

115

86

80 80

50 50 50 50 50

10 10 10 10 10 10 10 10 10 10 9 9 9 9 9

0

20

40

60

80

100

120

140

Ho

usin

g U

nit

s

Years

Figure A-1

Annual Housing Forecast¹

Historical Low Density Medium Density High Density Historical Average

Page 118 of 371


2019 - 2029 283 66 25 374 867 (279) 588 68 656

2019 - 2041 353 86 33 472 1,091 (417) 674 48 722

2019 - Buildout 577 104 55 736 1,711 (474) 1,237 58 1,295

2019 - 2029 66 - - 66 161 (73) 88 - 88

2019 - 2041 83 - - 83 203 (108) 95 - 95

2019 - Buildout 135 - - 135 330 (123) 207 - 207

2019 - 2029 349 66 25 440 1,028 (352) 676 68 744

2019 - 2041 436 86 33 555 1,294 (525) 769 48 817

2019 - Buildout 712 104 55 871 2,041 (597) 1,444 58 1,502

1 Includes townhouses and apartments in duplexes.2 Includes accessory apartments, bachelor, 1-bedroom and 2-bedroom+ apartments.

Note: Numbers may not add up precisely due to rounding.


Estimate of the Anticipated Amount, Type and Location of

Residential Development for Which Development Charges Can Be Imposed

Timing Single & Semi-

DetachedMultiples

1Apartments

2 Total Gross Population Existing Unit

Net Population

Increase,

Excluding

Institutional

Institutional

Population

Net Population

Including

Institutional

Residential Units In New Units Population

Change

Urban Area

Development

Location

Schedule 2

Rural Area


Source: 2041 forecast derived from Northumberland County Housing Forecast by Area Municipality, 2011-2041 forecast for the Municipality of Brighton. Buildout based on urban housing supply potential identified by the Municipalitiy of Brighton and Northumerland

County.

Page 119 of 371


Mid 2016 Population 11,844

Occupants of Units (2) 276

New Housing Units, multiplied by P.P.U. (3) 2.515

Mid 2016 to Mid 2019 gross population increase 694 694

Occupants of New Units 23

Equivalent Institutional Units, multiplied by P.P.U. (3) 1.100


Decline in Housing Units (4) 4,780

Unit Occupancy, multiplied by P.P.U. decline rate (5) -0.053

Mid 2016 to Mid 2019 total decline in population -255 -255

Population Estimate to Mid 2019 12,308

Net Population Increase, Mid 2016 to Mid 2019 464

(1) 2016 population based on Statistics Canada Census unadjusted for Census undercount.

(2)

(3) Average number of persons per unit (P.P.U.) is assumed to be:

Singles & Semi Detached 2.515 100% 2.515

Multiples (6) 2.000 0% 0.000

Apartments (7) 1.650 0% 0.000

Total 100% 2.515

¹ Based on 2016 Census custom database

² Based on Building permit/completion activity

(4) 2016 households taken from Statistics Canada Census.

(5) Decline occurs due to aging of the population and family life cycle changes, lower fertility rates and changing economic conditions.

(6) Includes townhouses and apartments in duplexes.

(7) Includes bachelor, 1-bedroom and 2-bedroom+ apartments.


Current Year Growth Forecast

Mid 2016 to Mid 2019

Estimated residential units constructed, Mid-2016 to the beginning of the growth period assuming a six-month lag between construction

and occupancy.

Population

Structural TypePersons Per Unit¹

(P.P.U.)

% Distribution of

Estimated Units²

Weighted Persons

Per Unit Average

Schedule 3

Page 120 of 371





Mid 2019 to Mid 2041 gross population increase 1,294 1,294






Mid 2019 to Mid 2041 total decline in population -525 -525

Population Estimate to Mid 2041 13,125

Net Population Increase, Mid 2019 to Mid 2041 817

(1) Mid 2019 Population based on:

(2) Based upon forecast building permits/completions assuming a lag between construction and occupancy.



Multiples (6) 2.031 16% 0.315

Apartments (7) 1.572 6% 0.094

one bedroom or less 1.284

two bedrooms or more 1.748

Total 100% 2.331

¹ Persons per unit based on Statistics Canada Custom 2016 Census database.

² Forecast unit mix based upon historical trends and housing units in the development process.

(4) Mid 2019 households based upon 4,780 (2016 Census) + 276 (Mid 2016 to Mid 2019 unit estimate) = 5,056




Population

Schedule 4


Mid 2019 to Mid 2041

% Distribution of

Estimated Units²

2016 Population (11,844) + Mid 2016 to Mid 2019 estimated housing units to beginning of forecast period (276 x = 694) + (4,780 x -0.0481

= -230) = 12,308

Weighted Persons

Per Unit AverageStructural Type

Persons Per Unit¹

(P.P.U.)

Page 121 of 371





Mid 2019 to Buildout gross population increase 2,041 2,041



Mid 2019 to Buildout gross population increase 58 58



Mid 2019 to Buildout total decline in population -597 -597

Population Estimate to Buildout 13,810

Net Population Increase, Mid 2019 to Buildout 1,502

(1) Mid 2019 Population based on:

(2) Based upon forecast building permits/completions assuming a lag between construction and occupancy.



Multiples (6) 2.031 12% 0.243

Apartments (7) 1.572 6% 0.100

one bedroom or less 1.284

two bedrooms or more 1.748

Total 100% 2.343

¹ Persons per unit based on Statistics Canada Custom 2016 Census database.

² Forecast unit mix based upon historical trends and housing units in the development process.

(4) Mid 2019 households based upon 4,780 (2016 Census) + 276 (Mid 2016 to Mid 2019 unit estimate) = 5,056




Schedule 5

Population

Structural TypePersons Per Unit¹

(P.P.U.)

% Distribution of

Estimated Units²

Weighted Persons

Per Unit Average

2016 Population (11,844) + Mid 2016 to Mid 2019 estimated housing units to beginning of forecast period (276 x = 694) + (4,780 x -0.0481

= -230) = 12,308


Mid 2019 to Buildout

Page 122 of 371


Singles & Semi-

DetachedMultiples

1Apartments

2 Total

Registered Not Built 48 14 0 62

% Breakdown 77% 23% 0% 100%

Draft Plans Approved 121 14 0 135

% Breakdown 90% 10% 0% 100%

Application Under Review 169 24 0 193

% Breakdown 88% 12% 0% 100%

Vacant Lands Designated for Residential 342 66 72 480

% Breakdown 71% 14% 15% 100%

Total 680 118 72 870

% Breakdown 78% 14% 8% 100%

1 Includes townhomes and apartments in duplexes.

2 Includes bachelor, 1 bedroom and 2 bedroom+ apartments.

Source: Vacant lands designated for residential data provided by Northumberland County, all other data provided by the Municipality of Brighton,

updated as of January 2019 by Watson & Associates Economists Ltd., 2019.

Stage of Development

Schedule 6


Summary of Housing Supply Potential for Urban Area as of 2019

Density Type

Page 123 of 371


Residential Building Permits

Total

2009 71 6 0 77

2010 87 8 0 95

2011 76 0 0 76

2012 70 3 0 73

2013 62 0 0 62

Sub-total 366 17 0 383

Average (2009 - 2013) 73 3 0 77

% Breakdown 95.6% 4.4% 0.0% 100.0%

2014 59 0 0 59

2015 57 0 6 63

2016 87 0 12 99

2017 103 0 12 115

2018 86 0 0 86

Sub-total 392 0 30 422

Average (2014 - 2018) 78 0 6 84

% Breakdown 92.9% 0.0% 7.1% 100.0%

2009 - 2017

Total 758 17 30 805

Average 76 2 3 81

% Breakdown 94.2% 2.1% 3.7% 100.0%

1 Includes townhouses and apartments in duplexes.2 Includes accessory apartments, bachelor, 1-bedroom and 2-bedroom+ apartments.

Source: Historical housing activity derived from Municipality of Brighton building permit data, 2019.

Schedule 7

Singles &

Semi

DetachedMultiples

1Apartments

2


Historical Residential Building Permits

Years 2009 - 2018

Year

Page 124 of 371


Age of Singles and Semi-Detached

Dwelling < 1 BR 1 BR 2 BR 3/4 BR 5+ BR Total Historical 25 Year Average Forecast 25 Year Average3

1-5 - - 1.880 2.895 - 2.515

6-10 - - 1.739 2.588 - 2.449 2.482 (0.086)

11-15 - - 1.741 2.609 - 2.551 2.505 2.448

16-20 - - 1.684 2.244 - 2.242 2.439 2.448

20-25 - - - 2.341 - 2.352 2.422 2.448

25-35 - - 1.667 2.461 2.938 2.483

35+ - - 1.662 2.413 3.640 2.398 2.427 2.448

Total - 1.917 1.708 2.476 3.395 2.428

Age of All Density Types

Dwelling < 1 BR 1 BR 2 BR 3/4 BR 5+ BR Total

1-5 - - 2.040 2.707 - 2.493

6-10 - - 1.846 2.551 - 2.377

11-15 - - 1.700 2.600 - 2.500

16-20 - - 1.750 2.190 - 2.214

20-25 - - 1.500 2.405 - 2.317

25-35 - - 1.696 2.444 3.067 2.385

35+ - 1.353 1.794 2.450 3.792 2.273

Total - 1.415 1.785 2.473 3.440 2.339

1 Includes townhouses and apartments in duplexes.2 Includes accessory apartments, bachelor, 1-bedroom and 2-bedroom+ apartments.3 Adjusted based on 2001-2016 historical trends.

Note: Does not include Statistics Canada data classified as 'Other'

P.P.U. Not calculated for samples less than or equal to 50 dwelling units, and does not include institutional population.

Schedule 8a - 25 Year Average


Persons Per Unit By Age and Type of Dwelling

(2016 Census)

Page 125 of 371


Age of Multiples1


1-5 - - 1.826 2.400 - 2.000

6-10 - - 1.432 2.208 - 1.742

11-15 - - 1.333 - - 1.536 1.759 2.031

16-20 - - - - - 1.875 1.788 2.031

20-25 - - 1.909 - - 2.500 1.931 2.031

25-35 - - 2.000 2.933 - 2.289

35+ - 1.179 2.064 2.640 - 2.244

Total - 1.200 1.790 2.586 2.700 2.084

Age of Apartments2


1-5 - - - - - 1.650

6-10 - 1.190 1.559 - - 1.418

11-15 - - 1.650 - - 1.484 1.517 1.572

16-20 - 1.182 1.765 - - 1.433 1.496 1.572

20-25 - 1.364 1.519 - - 1.585 1.514 1.572

25-35 - 1.321 1.571 - - 1.537

35+ 1.333 1.132 1.787 2.372 - 1.529

Total 1.267 1.169 1.709 2.286 - 1.523

Age of All Density Types

Dwelling < 1 BR 1 BR 2 BR 3/4 BR 5+ BR Total

1-5 - 1.389 1.976 2.648 3.857 2.362

6-10 - 1.226 1.771 2.589 3.361 2.300

11-15 - 1.391 1.711 2.840 3.786 2.558

16-20 - 1.217 1.802 2.512 3.658 2.399

20-25 - 1.320 1.736 2.694 3.692 2.517

25-35 - 1.447 1.770 2.620 3.716 2.524

35+ 1.467 1.242 1.839 2.479 3.264 2.245

Total 1.611 1.270 1.824 2.553 3.483 2.337

1 Includes townhouses and apartments in duplexes.2 Includes accessory apartments, bachelor, 1-bedroom and 2-bedroom+ apartments.3 Adjusted based on 2001-2016 historical trends.

Note: Does not include Statistics Canada data classified as 'Other'

P.P.U. Not calculated for samples less than or equal to 50 dwelling units, and does not include institutional population.

Schedule 8b

Northumberland County

Persons Per Unit By Age and Type of Dwelling

(2016 Census)

Page 126 of 371


2.52 2.452.55

2.242.35

2.482.40

2.00

1.74

1.54

1.88

2.50

2.29 2.24

1.65

1.42 1.48 1.431.59 1.54 1.53

0.00

0.50

1.00

1.50

2.00

2.50

3.00

1-5 6-10 11-15 16-20 20-25 25-35 35+

Pe

rso

ns P

er

Dw

ellin

g

Age of Dwelling

Schedule 9

Persons Per Unit By Structural Type and Age of Dwelling(2016 Census)

Singles and Semi-Detached Multiples Apartments


Multiple and Apartment P.P.U.s are based on Northumberland County.

Page 127 of 371


Employment

Mid 2006 10,253 0.007 0.052 0.041 0.088 0.040 0.228 0.064 0.292 75 535 418 898 415 2,340 655 2,995 1,805

Mid 2011 10,928 0.005 0.034 0.029 0.079 0.063 0.210 0.049 0.260 55 370 318 868 690 2,300 540 2,840 1,930

Mid 2016 11,844 0.008 0.040 0.032 0.080 0.046 0.205 0.045 0.250 90 475 378 943 540 2,425 536 2,961 1,950

Mid 2019 12,308 0.007 0.040 0.031 0.077 0.045 0.199 0.044 0.243 90 487 378 950 549 2,453 539 2,992 1,966

Mid 2029 13,052 0.007 0.041 0.033 0.079 0.045 0.205 0.044 0.249 90 536 426 1,036 591 2,679 575 3,254 2,143

Mid 2041 13,125 0.007 0.042 0.036 0.081 0.046 0.211 0.042 0.253 90 546 468 1,063 602 2,769 556 3,325 2,223

Buildout 13,810 0.007 0.043 0.041 0.084 0.047 0.222 0.042 0.264 90 595 560 1,164 654 3,063 585 3,648 2,468

Mid 2006 - Mid 2011 675 -0.002 -0.018 -0.012 -0.008 0.023 -0.018 -0.014 -0.032 -20 -165 -100 -30 275 -40 -115 -155 125

Mid 2011 - Mid 2016 916 0.003 0.006 0.003 0.000 -0.018 -0.006 -0.004 -0.010 35 105 60 75 -150 125 -4 121 20

Mid 2016 - Mid 2019 464 0.000 -0.001 -0.001 -0.002 -0.001 -0.005 -0.001 -0.007 0 12 0 7 9 28 3 31 16

Mid 2019 - Mid 2029 744 0.000 0.002 0.002 0.002 0.001 0.006 0.000 0.006 0 49 49 87 42 226 36 262 177

Mid 2019 - Mid 2041 817 0.000 0.002 0.005 0.004 0.001 0.012 -0.001 0.010 0 59 91 114 53 316 17 333 257

Mid 2019 - Buildout 1,502 -0.001 0.004 0.010 0.007 0.003 0.023 -0.001 0.021 0 108 183 215 105 610 46 656 502

Mid 2006 - Mid 2011 135 0.000 -0.004 -0.002 -0.002 0.005 -0.004 -0.003 -0.006 -4 -33 -20 -6 55 -8 -23 -31 25

Mid 2011 - Mid 2016 183 0.001 0.001 0.001 0.000 -0.004 -0.001 -0.001 -0.002 7 21 12 15 -30 25 -1 24 4

Mid 2016 - Mid 2019 155 0.000 0.000 0.000 -0.001 0.000 -0.002 0.000 -0.002 0 4 0 2 3 9 1 10 5

Mid 2019 - Mid 2029 74 0.000 0.000 0.000 0.000 0.000 0.001 0.000 0.001 0 5 5 9 4 23 4 26 18

Mid 2019 - Mid 2041 37 0.000 0.000 0.000 0.000 0.000 0.001 0.000 0.000 0 3 4 5 2 14 1 15 12

Mid 2019 - Buildout 63 0.000 0.000 0.000 0.000 0.000 0.001 0.000 0.001 0 5 8 9 4 25 2 27 21

Source: 2041 employment figures derived from Northumberland County Official Plan as approved by the Ontario Municipal Board on November 23, 2016.

¹ Statistics Canada defines no fixed place of work (N.F.P.O.W.) employees as "persons who do not go from home to the same work place location at the beginning of each shift". Such persons include building and landscape contractors, travelling salespersons, independent truck drivers, etc.

Schedule 10a

N.F.P.O.W.1

2019 Employment Forcecast

Activity Rate

Period PopulationPrimary

Work at

HomeIndustrial

Commercial/

Population RelatedInstitutional Total

Employment

Primary Total


Total Employment

(Including

N.F.P.O.W.)

Institutional

Total (Excluding

N.F.P.O.W. and Work

at Home)

Incremental Change

Annual Average

Total

Including

N.F.P.O.W.

N.F.P.O.W.1Work at

HomeIndustrial

Commercial/

Population

Related

Page 128 of 371


Mid 2006 10,253 75 418 898 415 1,806

Mid 2011 10,928 55 318 868 690 1,931

Mid 2016 11,844 90 378 943 540 1,951

Mid 2019 12,308 90 378 950 549 1,967

Mid 2029 13,052 90 426 1,036 591 2,143

Mid 2041 13,125 90 468 1,063 602 2,223

Buildout 13,810 90 560 1,164 654 2,468

Mid 2006 - Mid 2011 675 -20 -100 -30 275 125

Mid 2011 - Mid 2016 916 35 60 75 -150 20

Mid 2016 - Mid 2019 464 0 0 7 9 16 0 3,800 6,300 10,100

Mid 2019 - Mid 2029 744 0 48 86 42 176 62,400 47,300 29,400 139,100

Mid 2019 - Mid 2041 817 0 90 113 53 256 117,000 62,200 37,100 216,300

Mid 2019 - Buildout 1,502 0 182 214 105 501 236,600 117,700 73,500 427,800

Mid 2006 - Mid 2011 135 -4 -20 -6 55 25

Mid 2011 - Mid 2016 183 7 12 15 -30 4

Mid 2016 - Mid 2019 155 0 0 2 3 5 0 1,267 2,100 3,367

Mid 2019 - Mid 2029 74 0 5 9 4 18 6,240 4,730 2,940 13,910

Mid 2019 - Mid 2041 37 0 4 5 2 12 5,318 2,827 1,686 9,832

Mid 2019 - Buildout 63 0 8 9 4 21 9,858 4,904 3,063 17,825

Source: 2041 employment figures derived from Northumberland County Official Plan as approved by the Ontario Municipal Board on November 23, 2016.1 Square foot per employee assumptions

Industrial 1,300

Commercial/ Population Related 550

Institutional 700

Schedule 10b


Employment & Gross Floor Area (G.F.A.) Forecast, 2019 To Buildout

Period Population

Employment Gross Floor Area in Square Feet (Estimated)¹

Total

Annual Average

Primary Industrial Institutional Total

Incremental Change

Commercial/

Population

Related

Institutional Industrial

Commercial/

Population

Related

Page 129 of 371


2019 - 2029 55,900 42,300 26,600 124,800 158

2019 - 2041 105,300 55,600 32,900 193,800 229

2019 - Buildout 211,900 105,000 65,800 382,700 448

2019 - 2029 6,500 5,000 2,800 14,300 18

2019 - 2041 11,700 6,600 4,200 22,500 27

2019 - Buildout 24,700 12,700 7,700 45,100 53

2019 - 2029 62,400 47,300 29,400 139,100 176

2019 - 2041 117,000 62,200 37,100 216,300 256

2019 - Buildout 236,600 117,700 73,500 427,800 501

1 Employment Increase does not include No Fixed Place of Work.

2 Square feet per employee assumptions:

Industrial 1,300

Commercial 550

Institutional 700

*Reflects Mid 2019 to Mid 2041 forecast period

Source: 2041 employment figures derived from Northumberland County Official Plan as approved by the Ontario Municipal Board on November 23, 2016.

Urban Area

Development Location Timing

Schedule 10c

Estimate of the Anticipated Amount, Type and Location of

Non-Residential Development for Which Development Charges Can Be Imposed

Rural Area

Industrial

G.F.A. S.F.1

Commercial

G.F.A. S.F.1

Institutional

G.F.A. S.F.1

Total Non-

Residential

G.F.A. S.F.

Employment Increase2


Page 130 of 371


New Improve Additions Total New Improve Additions Total New Improve Additions Total New Improve Additions Total

2007 315 58 0 374 81 906 0 987 35 2,058 0 2,093 432 3,022 0 3,454

2008 1,489 68 0 1,557 719 80 2,280 3,079 46 853 0 898 2,254 1,001 2,280 5,535

2009 350 249 0 599 283 272 0 555 102 3,113 2,328 5,543 735 3,634 2,328 6,696

2010 676 33 0 709 822 322 0 1,144 9,143 2,092 0 11,235 10,640 2,447 0 13,088

2012 1,409 178 0 1,587 0 354 0 354 319 523 343 1,186 1,728 1,055 343 3,126

2013 178 387 0 565 0 106 0 106 1,578 285 0 1,863 1,756 778 0 2,534

2014 490 549 0 1,039 83 314 0 396 0 290 0 290 573 1,153 0 1,726

2015 67 475 0 541 118 587 0 705 72 618 0 689 256 1,680 0 1,936

2016 493 0 0 493 2,951 885 0 3,836 0 1,620 0 1,620 3,444 2,504 0 5,948

Subtotal 6,830 2,090 0 8,920 5,056 3,948 2,280 11,284 11,974 12,621 3,759 28,354 23,860 18,658 6,039 48,557

Percent of Total 77% 23% 0% 100% 45% 35% 20% 100% 42% 45% 13% 100% 49% 38% 12% 100%

Average 683 232 0 892 722 395 2,280 1,128 1,497 1,262 1,253 2,835 2,386 1,866 1,510 4,856

2007 - 2011

Period Total 4,695 5,887 22,706 33,288

2007 - 2011 Average 939 1,177 4,541 6,658

% Breakdown 14.1% 17.7% 68.2% 100.0%

2012 - 2016

Period Total 4,225 5,397 5,648 15,269

2012 - 2016 Average 845 1,079 1,130 3,054

% Breakdown 27.7% 35.3% 37.0% 100.0%

2007 - 2016

Period Total 8,920 11,284 28,354 48,557

2007 - 2016 Average 892 1,128 2,835 4,856

Source: Statistics Canada Publication, 64-001-XIB

Note: Inflated to year-end 2018 (January, 2019) dollars using Reed Construction Cost Index

Schedule 11


Non-Residential Construction Value

Years 2007 - 2016

(000's 2019 $)

YEARIndustrial Commercial Institutional Total

Page 131 of 371


2006 2011 2016 06-11 11-16

Primary Industry Employment

11 Agriculture, forestry, fishing and hunting 245 185 185 -60 0

21 Mining and oil and gas extraction 0 0 0 0 0

Sub-total 245 185 185 -60 0

Industrial and Other Employment

22 Utilities 0 0 10 0 10

23 Construction 150 130 125 -20 -5

31-33 Manufacturing 175 60 130 -115 70

41 Wholesale trade 70 65 80 -5 15

48-49 Transportation and warehousing 40 65 50 25 -15

56 Administrative and support 55 53 55 -3 3

Sub-total 490 373 450 -118 78

Population Related Employment

44-45 Retail trade 440 345 475 -95 130

51 Information and cultural industries 55 70 35 15 -35

52 Finance and insurance 90 60 50 -30 -10

53 Real estate and rental and leasing 40 15 25 -25 10

54 Professional, scientific and technical services 140 120 110 -20 -10

55 Management of companies and enterprises 0 0 0 0 0

56 Administrative and support 55 53 55 -3 3

71 Arts, entertainment and recreation 65 90 65 25 -25

72 Accommodation and food services 135 115 235 -20 120

81 Other services (except public administration) 125 125 140 0 15

Sub-total 1,145 993 1,190 -153 198

Institutional

61 Educational services 190 305 185 115 -120

62 Health care and social assistance 175 300 215 125 -85

91 Public administration 95 145 200 50 55

Sub-total 460 750 600 290 -150

Total Employment 2,340 2,300 2,425 -40 125

Population 10,253 10,928 11,844 675 916

Employment to Population Ratio

Industrial and Other Employment 0.05 0.03 0.04 -0.01 0.00

Population Related Employment 0.11 0.09 0.10 -0.02 0.01

Institutional Employment 0.04 0.07 0.05 0.02 -0.02

Primary Industry Employment 0.02 0.02 0.02 -0.01 0.00

Total 0.23 0.21 0.20 -0.02 -0.01

Source: Statistics Canada Employment by Place of Work

Note: 2006-2016 employment figures are classified by North American Industry Classification System (NAICS) Code

Schedule 12


Employment to Population Ratio by Major Employment Sector, 2006 to 2016

YearNAICS

Categories which relate

primarily to industrial land supply

and demand

Categories which relate

primarily to population growth

within the municipality

Employment by industry

CommentsChange

Categories which relate to local

land-based resources

Page 132 of 371

Watson & Associates Economists Ltd. PAGE B-1 H:\Brighton\2019 DC\Report\2019 Brighton DC Background Study.docx

Appendix B Historical Level of Service Calculations

Page 133 of 371


Service: Parkland Development

Unit Measure: Acres of Parkland

Description 2009 2010 2011 2012 2013 2014 2015 2016 2017 20182019 Value

($/Acre)

Kinsmen Park, Cedar St 1.60 1.60 1.60 1.60 1.60 1.60 1.60 1.60 1.60 1.60 $84,100

Codrington Park 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 $84,100

Hilda Montgomery Memorial Park, Gosport 1.80 1.80 1.80 1.80 1.80 1.80 1.80 1.80 1.80 1.80 $84,100

King Edward Park 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 $84,100

Memorial Park 0.31 0.31 0.31 0.31 0.31 0.31 0.31 0.31 0.31 0.31 $84,100

Presquile Point Marina, Government Dock 0.24 0.24 0.24 0.24 0.24 0.24 0.24 0.24 0.24 0.24 $84,100

Anne St. Park 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 $84,100

Peace Park, Huron Drive 0.78 0.78 0.78 0.78 0.78 0.78 0.78 0.78 0.78 0.78 $84,100

Harbour Street Parkette 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 $84,100

Walas St. Park 1.01 1.01 1.01 1.01 1.01 1.01 1.01 1.01 1.01 1.01 $84,100

123 Elizabeth Street (Back South Portion) - - - - - - - - 6.25 6.25

Pepper Hunter Dog Park - - - - - 1.50 1.50 1.50 1.50 1.50 $84,100

Total 32.82 32.82 32.82 32.82 32.82 34.32 34.32 34.32 40.57 40.57

Population 9,910 9,809 10,285 10,485 10,676 10,842 11,000 11,160 11,300 11,480

Per Capita Standard (per 1,000 population) 3.31 3.35 3.19 3.13 3.07 3.17 3.12 3.08 3.59 3.53

10 Year Average 2009-2018

Quantity Standard (per 1,000 population) 3.2538

Quality Standard $81,265

Service Standard $264

D.C. Amount (before deductions) 10 Year

Forecast Population 676

$ per Capita $264

Eligible Amount $178,748Page 134 of 371


Service: Parkland Trails

Unit Measure: Linear Metres of Paths and Trails

Description 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

2019 Value

($/ Linear

Metre)

Butler Creek Trail 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 $67.11

Proctor Park Conservation Area Trails 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 $67.11

Goodrich-Loomis Conservation Area Trails 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 $67.11

KEP Rubber Trail - - - - 630 630 630 630 630 630 $593.85

Ontario Street to Harbour Street Trail - - - - 110 110 110 110 110 110 $593.85

Presqu'ile Parkway Trail Section - - - - 825 825 825 825 825 825 $593.85

Stalwood Trail - - - - - - - 745 745 745 $67.11

Codrington Trail - - - 682 682 682 682 682 682 682 $67.11

Total 20,500 20,500 20,500 21,182 22,747 22,747 22,747 23,492 23,492 23,492

Population 9,910 9,809 10,285 10,485 10,676 10,842 11,000 11,160 11,300 11,480

Per Capita Standard 2.07 2.09 1.99 2.02 2.13 2.10 2.07 2.11 2.08 2.05


Quantity Standard 2.0699

Quality Standard $89




$ per Capita $184



Service: Parks Vehicles and Equipment

Unit Measure: No. of vehicles and equipment


($/Vehicle)

Pick Ups 4 5 5 5 5 5 5 5 5 5 $37,800

Riding Mowers 4 4 4 4 4 4 4 4 4 4 $15,000

Tractors 2 2 2 2 2 2 2 2 2 2 $33,500

Zamboni 1 1 1 1 1 1 1 1 1 1 $92,700

Ball Diamond Groomer 1 1 1 2 2 2 2 2 2 2 $7,000

Floor Scrubber 1 1 1 2 2 2 2 2 2 2 $7,000

Trailers - 1 1 1 1 1 1 1 1 2 $5,250

Total 13 15 15 17 17 17 17 17 17 18

Population 9,910 9,809 10,285 10,485 10,676 10,842 11,000 11,160 11,300 11,480

Per Capita Standard (per 1,000 population) 1.31 1.53 1.46 1.62 1.59 1.57 1.55 1.52 1.50 1.57


Quantity Standard (per 1,000 population) 1.5222





$ per Capita $41

Eligible Amount $27,459

Page 136 of 371


Service: Indoor Recreation Facilities

Unit Measure: ft² of building area

Description 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

2019

Bld'g

Value

($/sq.ft.)

Value/sq.ft.

with land,

site works,

etc.

King Edward Arena and Community Centre 34,459 34,459 34,459 34,459 34,459 34,459 34,459 34,459 34,459 34,459 $312 $348

Codrington Community Centre 4,023 4,023 4,023 4,023 4,023 4,023 4,023 4,023 4,023 4,023 $312 $348

Parks Garage 3,200 3,200 3,200 3,200 3,200 3,200 3,200 3,200 3,200 3,200 $312 $348

Brighton Curling Club 13,850 13,850 13,850 13,850 13,850 13,850 13,850 13,850 13,850 13,850 $218 $247

Hilton Hall 1,700 1,700 1,700 1,700 1,700 1,700 1,700 1,700 1,700 1,700 $312 $348

Total 57,232 57,232 57,232 57,232 57,232 57,232 57,232 57,232 57,232 57,232

Population 9,910 9,809 10,285 10,485 10,676 10,842 11,000 11,160 11,300 11,480





Service Standard $1,736



$ per Capita $1,736

Eligible Amount $1,173,543

Page 137 of 371


Service: Library Facilities


Description 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

2019

Bld'g

Value

($/sq.ft.)

Value/sq.ft.

with land,

site works,

etc.

Brighton Branch - 35 Alice Street 3,736 3,736 3,736 3,736 3,736 3,736 3,736 3,736 3,736 6,133 $281 $343

Codrington Branch - 2992 County Road 30 400 400 400 400 400 400 400 400 400 400 $312 $380

Total 4,136 4,136 4,136 4,136 4,136 4,136 4,136 4,136 4,136 6,533

Population 9,910 9,809 10,285 10,485 10,676 10,842 11,000 11,160 11,300 11,480








$ per Capita $142


Page 138 of 371


Service: Library Collection Materials

Unit Measure: No. of library collection items


($/item)

Books 32,187 31,966 32,995 32,995 33,606 33,690 33,554 27,474 26,552 26,609 $25

Periodicals 86 88 88 90 90 90 90 30 30 30 $47

CDs, Video Tapes 609 625 641 648 659 700 750 760 888 1,086 $26

Microfilms 69 71 73 75 79 81 83 85 87 89 $156

DVDs 2,789 2,843 3,308 3,488 3,502 3,265 3,911 4,914 4,050 4,367 $30

Electronic Periodicals 18,460 18,483 23,543 42,917 42,917 51,595 51,858 10,856 11,230 11,864 $63

Database Subscriptions 27 27 13 10 10 18 16 20 15 15 $180

E-Resources - 7,219 25,596 67,772 67,772 73,241 79,025 70,437 78,326 78,657 $46

Total 54,227 61,322 86,257 147,995 148,635 162,680 169,287 114,576 121,178 122,717

Population 9,910 9,809 10,285 10,485 10,676 10,842 11,000 11,160 11,300 11,480








$ per Capita $485



Service: Health Services


Description 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

2019

Bld'g

Value

($/sq.ft.)

Value/sq.ft.

with land,

site works,

etc.

Brighton Health Services Centre 8,835 8,835 8,835 8,835 8,835 8,835 8,835 8,835 8,835 8,835 $395 $439

Total 8,835 8,835 8,835 8,835 8,835 8,835 8,835 8,835 8,835 8,835

Population 9,910 9,809 10,285 10,485 10,676 10,842 11,000 11,160 11,300 11,480








$ per Capita $364



Service: Roads

Unit Measure: km of roadways


($/km)

Urban 23 23 23 23 23 23 23 23 23 23 $2,232,110

Semi-Urban 39 39 39 39 39 39 39 39 39 39 $919,300

Rural 157 157 157 157 157 157 157 157 157 157 $525,300

Total 219 219 219 219 219 219 219 219 219 219

Population & Employment 11,791 11,715 12,216 12,420 12,615 12,785 12,947 13,111 13,256 13,442

Per Capita Standard (per 1,000 population/employment) 18.59 18.71 17.94 17.65 17.37 17.14 16.93 16.72 16.53 16.31


Quantity Standard (per 1,000 population/employment) 17.3892


Service Standard $13,493


Forecast Population & Employment 769

$ per Capita $13,493

Eligible Amount $10,375,733

Page 141 of 371


Service: Depots and Domes


Description 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

2019

Bld'g

Value

($/sq.ft.)

Value/sq.ft.

with land,

site works,

etc.

Public Works Office and Garage - 67 Sharp Road 12,212 12,212 13,492 13,492 13,492 13,492 13,492 13,492 13,492 13,492 $249 $278

Sand and Salt Storage - 67 Sharp Road 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 $75 $86

Township Garage - 71 Chatten Road 6,360 6,360 6,360 6,360 6,360 6,360 6,360 6,360 6,360 6,360 $249 $278

Sand Dome - 71 Chatten Road 7,850 7,850 7,850 7,850 7,850 7,850 7,850 7,850 7,850 7,850 $75 $86

Salt Dome - 71 Chatten Road 527 527 527 527 527 527 527 527 527 527 $75 $86

Total 32,349 32,349 33,629 33,629 33,629 33,629 33,629 33,629 33,629 33,629









$ per Capita $526


Page 142 of 371


Service: Roads and Related Vehicles



($/Vehicle)

Tandum Plow Trucks 5 5 6 5 5 5 5 5 5 5 $280,000

Single Axle Dump Truck 3 3 3 3 3 3 2 3 2 3 $260,000

2 ton trucks 1 1 1 1 1 1 2 2 2 2 $90,000

3/4 ton trucks 3 4 4 4 4 2 2 3 3 3 $44,200

1/2 ton trucks 1 1 1 1 1 1 1 1 1 1 $38,000

Road Grader 1 1 1 1 1 1 1 1 1 1 $400,000

Tractor Backhoe 3 3 3 3 3 3 3 3 3 3 $145,000

Loaders 1 1 1 1 1 1 1 1 1 1 $250,000

Tractors 2 2 2 2 1 1 1 1 1 1 $90,000

Roller 1 1 1 1 1 1 1 1 1 1 $60,800

Street sweeper 1 1 1 1 1 1 1 1 1 1 $300,000

Sidewalk Plow 1 1 1 1 1 1 1 1 1 1 $175,000

Bob-Cat 1 1 1 1 1 1 1 1 1 1 $55,000

Flail Mower 1 1 1 1 1 1 - - - - $21,900

GMC 1 1 1 1 1 - - - - - $22,300

Other Equipment

Surveying Equipment/Plotter 1 1 1 1 1 1 1 1 1 1 $25,000

Gas Monitoring System 1 1 1 1 1 1 1 1 1 1 $20,600

Line Painter - 1 1 1 1 1 1 1 1 1 $8,100

Chipper - 1 1 1 1 1 1 1 1 1 $55,000

Loader Scales - 1 1 1 1 2 2 2 2 2 $29,700

Mower - 1 1 1 1 1 1 1 1 1 $10,800

Hoist - 1 1 1 1 1 1 1 1 1 $9,200

401 Sign Illumination 2 2 2 2 2 2 2 2 2 2 $50,000

Reflectometer - - 1 1 1 1 1 1 1 1 $13,600

Hot Asphalt Box - - - 1 1 1 1 1 1 1 $40,000

GPS for Vehicles - - - - 1 1 1 1 1 1 $57,500

Portable Radar Speed Signs - - - - 1 2 2 2 2 2 $6,500

Roadside Boom Mower - - - - - - - - 1 1 $50,000

Page 143 of 371


Service: Roads and Related Vehicles



($/Vehicle)

Black Cat Radars - - - - - - - - - 3 $3,500

Sidewalk Planer - - - - - - - - - 1 $20,000

Total 30 36 38 38 39 38 37 39 38 39









$ per Capita $368


Page 144 of 371


Service: Fire Facilities


Description 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

2019

Bld'g

Value

($/sq.ft.)

Value/sq.ft.

with land,

site works,

etc.

Urban (South) Station - 20 Elizabeth Street 5,332 5,332 5,332 5,332 5,332 5,332 5,332 5,332 5,332 5,332 $249 $291

Rural (North) Station - 1256 County Road 27 3,000 3,000 3,000 5,576 5,576 5,576 5,576 5,576 5,576 5,576 $249 $291

Total 8,332 8,332 8,332 10,908 10,908 10,908 10,908 10,908 10,908 10,908









$ per Capita $233


Page 145 of 371


Service: Fire Vehicles

Unit Measure: No. of vehicles


($/Vehicle)

Tankers 2 2 2 2 2 2 2 2 2 2 $326,000

Pumpers 2 2 2 2 2 2 2 2 2 2 $475,000

Rescue Units 2 2 2 2 2 2 2 2 2 2 $375,000

Pumper/Foam Truck 1 1 1 1 1 1 1 1 1 1 $326,000

Chief's Vehicle 1 1 1 1 1 1 1 1 1 2 $60,000

ATV and Trailer - 1 1 1 1 1 1 1 1 1 $17,100

Total 8 9 9 9 9 9 9 9 9 10









$ per Capita $219


Page 146 of 371


Service: Fire Small Equipment and Gear

Unit Measure: No. of equipment and gear


($/item)

Personal Fire Fighter Equipment

Protective Equipment Ensemble 36 36 36 36 36 37 38 38 39 40 $2,500

Station Wear & Uniform 36 36 36 36 36 37 38 38 39 40 $125

Communications Equipment

Municipal Repeater System 1 1 1 1 1 1 1 1 1 1 $32,000

Pagers 36 36 36 36 36 37 38 38 39 40 $700

Vehicle Mobile Radios 9 9 9 9 9 9 9 10 10 10 $1,200

Portable Radios 18 18 18 18 18 18 18 18 18 18 $1,100

Base Station 2 2 2 2 2 2 1 1 - - $1,100

Breathing Apparatus

Harness and Regulator Assembly w/ Cylinder 20 20 20 20 24 24 24 24 24 24 $10,000

Steel Cylinders 66 66 66 66 66 66 66 66 66 66 $800

Carbon Fibre Cylinders 44 44 44 44 44 44 44 44 44 44 $800

Heavy Hydraulics Extrication Tools 5 5 5 5 5 5 5 5 6 6 $15,000

Compressor and Cascade System 1 1 1 1 1 1 1 1 1 1 $63,900

Driers 3 3 3 3 3 3 3 3 $3,200

Thermal Cameras - - - 2 2 2 2 2 2 2 $10,700

Portable Pumps 3 3 3 3 3 3 3 3 3 4 $5,000

Water Rescue Equipment - - - - - - - - 1 1 $32,000

Total 277 277 280 282 286 289 291 292 296 300









$ per Capita $54


Page 147 of 371

Watson & Associates Economists Ltd. PAGE C-1 H:\Brighton\2019 DC\Report\2019 Brighton DC Background Study.docx

Appendix C Long-Term Capital and Operating Cost Examination

Page 148 of 371


Appendix C: Long-Term Capital and Operating Cost Examination

As a requirement of the D.C.A., 1997 under subsection 10(2)(c), an analysis must be

undertaken to assess the long-term capital and operating cost impacts for the capital

infrastructure projects identified within the D.C. As part of this analysis, it was deemed

necessary to isolate the incremental operating expenditures directly associated with

these capital projects, factor in cost savings attributable to economies of scale or cost

sharing where applicable, and prorate the cost on a per unit basis (i.e. sq.ft. of building

space, per vehicle, etc.). This was undertaken through a review of the Municipality’s

2017 Financial Information Return.

In addition to the operational impacts, over time the initial capital projects will require

replacement. This replacement of capital is often referred to as lifecycle cost. By

definition, lifecycle costs are all the costs which are incurred during the life of a physical

asset, from the time its acquisition is first considered, to the time it is taken out of

service for disposal or redeployment. The method selected for lifecycle costing is the

sinking fund method which provides that money will be contributed annually and

invested, so that those funds will grow over time to equal the amount required for future

replacement.

Table C-1 depicts the annual operating impact resulting from the proposed gross capital

projects at the time they are all in place. It is important to note that, while municipal

program expenditures will increase with growth in population, the costs associated with

the new infrastructure (i.e. facilities) would be delayed until the time these works are in

place.

Page 149 of 371


Table C-1 Operating and Capital Expenditure Impacts for Future Capital Expenditures

SERVICE ANNUAL LIFECYCLE

EXPENDITURES

ANNUAL

OPERATING

EXPENDITURES

TOTAL ANNUAL

EXPENDITURES

Roads and Related 124,155 6,328 130,482

Fire Protection 14,811 3,122 17,934

Parks and Recreation 18,763 1,618 20,380

Library Services 25,584 1,807 27,391

Health Services 13,334 80 13,414

Administration - Studies - - -

Wastewater 129,180 30,508 159,688

Water 18,497 7,710 26,207

Total 344,323 51,172 395,496

Page 150 of 371

Watson & Associates Economists Ltd. PAGE D-1 H:\Brighton\2019 DC\Report\2019 Brighton DC Background Study.docx

Appendix D Local Service Policy

Page 151 of 371


Appendix D: Local Service Policy

1. Collector and Internal Roads

• Roads Internal to development up to 8.5m width plus one sidewalk and two lifts

of asphalt - Direct developer responsibility under s.59 of the D.C.A. (as a local

service)

• Roads (collector and arterial) external to development and oversizing of collector

roads internal to development - Include in D.C. calculation to the extent permitted

under s.5(1) of the D.C.A. (dependent on local circumstances)

2. Traffic Signals

• Traffic signalization within or external to development – Include in D.C.

calculation to the extent permitted under s.5(1) of the D.C.A.

3. Intersection Improvements

• New roads (collector and arterial) and road (collector and arterial) improvements

– Include as part of road costing noted in item 1, to limits of ROW.

• Intersections improvements within specific developments and all works

necessary to connect to entrances (private and specific subdivision) to the

roadway - Direct developer responsibility under s.59 of D.C.A. (as a local

service).

• Intersection improvements on other roads due to development growth increasing

traffic – Include in D.C. calculation.

4. Streetlights

• Streetlights on external roads – Include in Municipal D.C. (linked to collector road

funding source in item 1).

• Streetlights within specific developments – Direct developer responsibility under

s.59 of D.C.A. (as a local service).

5. Sidewalks

• Sidewalks on Municipal roads - Linked to collector road funding source in item 1.

Page 152 of 371


• Other sidewalks external to development (which are a local service within the

area to which the plan relates) - Direct developer responsibility as a local service

provision (under s.59 of D.C.A.).

6. Bike Routes/Bike Lanes/Bike Paths/Multi-Use Trails/Naturalized Walkways

• Bike routes and bike lanes, within road allowance, external to development –

Include in D.C. road costs, consistent with the service standard provisions of the

D.C.A., s.5(1).

• Bike paths/multi-use trails/naturalized walkways external to development –

Include in Municipal D.C.s consistent with the service standard provisions of the

D.C.A., s.5(1).

• Bike lanes, within road allowance, internal to development – Direct developer

responsibility under s.59 of the D.C.A. (as a local service).

7. Noise Abatement Measures

• Internal to Development - Direct developer responsibility though local service

provisions (s.59 of D.C.A.).

8. Traffic Control Systems

• Include in DC calculation.

9. Land Acquisition for Road Allowances

• Land Acquisition for arterial roads – Dedication under the Planning Act

subdivision provisions (s.51) through development lands; in areas with limited or

no development, include in Municipal D.C. (to the extent eligible).

• Land Acquisition for collector roads – Dedication under the Planning Act

subdivision provision (s.51) through development lands (up to 27 metre right-of-

way); in areas with limited or no development, include in Municipal D.C. (to the

extent eligible).

• Land Acquisition for grade separations (beyond normal dedication requirements)

– Include in the Municipal D.C. to the extent eligible.

Page 153 of 371


10. Land Acquisition for Easements

• Easement costs external to subdivisions shall be included in D.C. calculation.

11. Storm Water Management

• Quality and Quantity Works, direct developer responsibility through local service

provisions (s. 59 of D.C.A.).

• Oversizing of stormwater management works for development external to

developments will be subject to best efforts clauses by Municipality.

12. Water

• Supply, treatment, pumping stations and works associated with Zone boundaries,

external to plan of subdivision, to be included within the D.C.

• Watermains external to subdivisions included in the D.C.

• Marginal costs of waterworks within the subdivision included in D.C. at 300 mm

nominal diameter or above.

• Connections to trunk mains and pumping stations to service specific areas, to be

direct developer responsibility.

13. Wastewater

• Treatment, and pumping stations shall be included in the D.C.

• Sanitary sewers external to subdivisions included in the D.C.

• Connections to trunk mains and pumping stations to service specific areas, to be

direct developer responsibility.

• Marginal costs of sanitary sewer works within the subdivision included in D.C. at

200mm nominal diameter and above and extra depth to accommodate external

lands.

Page 154 of 371

Watson & Associates Economists Ltd. PAGE E-1 H:\Brighton\2019 DC\Report\2019 Brighton DC Background Study.docx

Appendix E Proposed D.C. By-law

Page 155 of 371


THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON

BY-LAW NO. ___-2019

BEING A BY-LAW OF THE MUNICIPALITY OF BRIGHTON

WITH RESPECT TO DEVELOPMENT CHARGES

Whereas Section 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27

(hereinafter called the Act) enables the Council of a municipality to pass by-laws for the

imposition of development charges against land located in the municipality where the

development of the land would increase the need for municipal services as designated

in the bylaw and the development requires one or more of the actions set out in

Subsection 2(2) of the Act;

And whereas the Council of the Municipality of Brighton, at its meeting of _________,

2019, approved a report entitled Municipality of Brighton 2019 Development Charges

Background Study;

And whereas the Council has given Notice in accordance with Section 12 of the

Development Charges Act, 1997 of its development charges proposal and held a public

meeting on August 12th, 2019;

And whereas the Council has heard all persons who applied to be heard in objection

to, or in support of, the development charges proposal at such public meeting and

provided a subsequent period for written communications to be made;

And whereas the Council, in adopting the Municipality of Brighton Development

Charges Background Study on __________, 2019, directed that development charges

be imposed on land under development or redevelopment within the geographical limits

of the municipality as hereinafter provided.

Now, therefore, the Council of the Corporation of the Municipality of Brighton enacts

as follows:

In this by-law,

(1) “Act” means the Development Charges Act, 1997, S.O, 1997, c.27;

(2) "accessory use" means where used to describe a use, building or

structure, that the use, building or structure is naturally and normally

Page 156 of 371


incidental, subordinate in purpose of floor area or both, and exclusively

devoted to a principal use, building or structure;

(3) "apartment unit" means any residential dwelling unit within a building

containing more than two dwelling units where the residential units are

connected by an interior corridor;

(4) "bedroom" means a habitable room larger than seven square metres,

including a den, study or other similar area, hut does not include a living

room, dining room or kitchen;

(5) "benefitting area" means an area defined by a map, plan or legal

description in a front-ending agreement as an area that will receive a

benefit from the construction of a service;

(6) "capital costs" means costs incurred or proposed to be incurred by the

municipality or a local board thereof directly or under an agreement,

(a) to acquire land or an interest in land,

(b) to improve land,

(c) to acquire, construct or improve buildings and structures,

(d) to acquire, construct or improve facilities including:

(i) rolling stock, furniture and equipment with an estimated

useful life of seven years or more,

(ii) materials acquired for circulation, reference or information

purposes by a library board as defined in the Public Libraries

Act, 1984, S. 0, 1984, c. 57,

(iii) furniture and equipment, other than computer equipment,

(e) to undertake studies in connection with any matter under the Act

and any of the matters in clauses (a) to (d), required for the

provision of services designated in this by-law within or outside the

municipality, including interest on borrowing for those expenditures

under clauses (a), (b), (c) and (d) that are growth-related;

Page 157 of 371


(7) "commercial use" means the use of land, structure or building for the

purpose of buying and selling of commodities and supplying of services as

distinguished from manufacturing or assembling of goods, also as

distinguished from other purposes such as warehousing and/or an open

storage yard;

(8) "council" means the Council of the municipality;

(9) "development" means the construction, erection or placing of one or more

buildings or structures on land or the making of an addition or alteration to

a building or structure that has the effect of increasing the size or usability

thereof, and includes redevelopment;

(10) "development charge" means a charge imposed with respect to growth-

related net capital costs against land in the municipality under this by-law;

(11) "dwelling unit" means any part of a building or structure used, designed or

intended to be used as a domestic establishment in which one or more

persons may sleep and are provided with culinary and sanitary facilities for

their exclusive use;

(12) “existing industrial building" means a building used for or in connection

with:

(a) manufacturing, producing, processing, storing or distributing

something;

(b) research or development in connection with manufacturing,

producing or processing something;

(c) retail sales by a manufacturer, producer or processor of something

they manufactured, produced or processed, if the retail sales are at

the site where the manufacturing, production or processing takes

place;

(d) office or administrative purposes, if they are:

(i) carried out with respect to manufacturing, producing,

processing, storage or distributing of something, and

Page 158 of 371


(ii) in or attached to the building or structure used for that

manufacturing, producing, processing, storage or

distribution;

(13) "front-end payment" means a payment made by an owner pursuant to a

front-ending agreement, which may be in addition to a development

charge that the owner is required to pay under this by-law, to cover the net

capital costs of the services designated in the agreement that are required

to enable the land to be developed;

(14) "front-ending agreement" means an agreement made under Section 44 of

the Act between the municipality and any or all owners within a benefitting

area providing for front-end payments by an owner or owners or for the

installation of services by an owner or owners or for the installation of

services by an owner or owners or any combination thereof;

(15) "grade" means the average level of finished ground adjoining a building or

structure at all exterior walls;

(16) "gross floor area" means the total area of all floors above grade of a

dwelling unit measured between the outside surfaces of exterior walls or

between the outside surfaces of exterior walls and the centre line of party

walls dividing the dwelling unit from another dwelling unit or other portion

of a building;

(17) “industrial” means a building used for the purpose of manufacturing,

producing, processing, storing or distributing something, research and

development connected to manufacturing, producing or processing

something, retail sales by a manufacturer of something they

manufactured, produced or processed, provided that the retail sales take

place at the same site; or office and administrative uses if they are carried

out with respect to the manufacturing, production, processing, storage or

distribution carried out at the same site;

(18) "multiple" means all dwellings other than single detached dwellings, semi-

detached dwellings and apartment dwellings;

Page 159 of 371


(19) "owner" means the owner of land or a person who has made application

for an approval for the development of land upon which a development

charge is imposed;

(20) "Planning Act" means the Planning Act, 1990 as amended;

(21) "rate" means the interest rate established weekly by the Bank of Canada

for treasury bills having a term of 30 days;

(22) "regulation" means any regulation made pursuant to the Act;

(23) "residential use" means land or buildings or structure of any kind

whatsoever used, designed or intended to be used as living

accommodations for one or more individuals;

(24) "semi-detached dwelling", "duplex" or "row housing" means a dwelling unit

in a residential building consisting of two (or more in the case of row

housing) dwelling units having one vertical wall or one horizontal wall, but

no other parts, attached to another dwelling unit where the residential

units are not connected by an interior corridor;

(25) "services" (or "service") means those services designated in Schedule "B"

to this by-law or specified in an agreement made under Section44 of the

Act;

(26) "services in lieu" means those services specified in an agreement made

under Section 8 of this by-law;

(27) "service standards" means the prescribed level of services on which the

schedule of charges in Schedule "B" are based;

(28) "servicing agreement" means an agreement between a landowner and the

municipality relative to the provision of municipal services to specified

lands within the municipality;

(29) "single detached dwelling unit" means a residential building consisting of

one dwelling unit and not attached to another structure.

Page 160 of 371


Schedule of Development Charges

2. (1) Subject to the provisions of this by-law, development charges against land

shall be calculated and collected in accordance with the base rates set out

in Schedule "C", which relate to the services set out in Schedule "B".

(2) The development charge with respect to the use of any land, buildings or

structures shall be calculated as follows:

(a) in the case of residential development, or the residential purloins of

a mixed-use development, based upon the number and type of

dwelling units;

(b) in the case of commercial and/or industrial, 'or the commercial

and/or industrial portion of a mixed-use development, based upon

the gross floor area of such development.

(3) Council hereby determine that the development of land, buildings or

structures for residential and commercial and/or industrial uses will require

the provision, enlargement, expansion or improvement of the services

referenced in Schedule "C".

Applicable Lands

3. (1) Subject to Subsections (2), (3), (4) and (5) this by-law applies to all lands

in the Municipality of Brighton whether or not the land or use is exempt

from taxation under Section 3 of the Assessment Act, R.S.O. 1980, c.31.

(2) This by-law shall not apply to land that is owned by and used for the

purposes of;

(a) board of education;

(b) any municipality or local board thereof;

(c) a place of worship and land used in connection therewith, and a

churchyard, cemetery and burial ground exempt from taxation

under Section 3 of the Assessment Act, R,S.O.1980, c.31; and

(d) industrial development.

Page 161 of 371


(3) This by-law shall not apply to that category of exempt development

described in Subsection2(3)(b) of the Development Charges Act. 1997.

C.27 and Section 2 of O.Reg. 82198, namely:

NAME OF CLASS OF

RESIDENTIAL

BUILDING

DESCRIPTION OF

CLASS OF

RESIDENTIAL

BUILDING

MAXIMUM NUMBER

OF ADDITIONAL

DWELLING UNITS

RESTRICTIONS

Single Detached

Dwellings

Residential buildings,

each of which contains

a single dwelling unit,

that are not attached to

other buildings

Two The total gross floor

area of the additional

dwelling unit or other

units must be less than

or equal to the gross

floor are of the dwelling

unit already in the

building.

Semi-detached or row

dwellings

Residential buildings,

each of which contains

a single dwelling unit,

that have one or two

vertical walls, but no

other parts, attached to

other buildings

One The total gross floor


dwelling unit must be

less than or equal to the

gross floor are of the

dwelling unit already in

the building.

Other residential

buildings

A residential building

not in another class of

residential building

described in this table

One The total gross floor


dwelling unit must be

less than or equal to the

gross floor are of the

smallest dwelling unit

already in the building.

(4) (a) If a development includes the enlargement of the gross floor area of

an existing industrial building, the amount of the development

charge that Is payable in respect of the enlargement is determined

in accordance with this section.

(b) If the gross floor area is enlarged by 50 percent or less, the amount

of the development charge in respect of the enlargement is zero.

(c) If the gross floor area is enlarged by more than 50 percent, the

amount of the development charge in respect of the enlargement is

Page 162 of 371


the amount of the development charge that would otherwise be

payable multiplied by the action determined as follows:

(i) Determine the amount by which the enlargement exceeds 50

percent of the gross floor area before the enlargement.

(ii) Divide the amount determined under paragraph 1 by the

amount of the enlargement.

(5) That where a conflict exists between the provisions of the new by-law and

any other agreement between the municipality and the owner, with respect

to land to be charged under this policy, the provisions of such agreement

prevail to the extent of the conflict.

(6) This by-law is not applicable to development for which a complete

application for building permit has been submitted prior to the in-force date

of this by-law.

4. (1) Subject to Subsection (2), development charges shall apply to, and shall

be calculated and collected in accordance with, the provisions of this by-

law on land to he developed for residential and commercial, industrial

and/or institutional use, where:

(a) the development of that land will increase the need for services,

and

(b) the development requires:

(i) the passing of a zoning by-law or an amendment thereto

under Section 34 of the Planning Act, 1990;

(ii) the approval of a minor variance under Section 45 of the

Planning Act, 1990;

(iii) a conveyance of land to which a by-law passed under

Subsection 50(7) of the Planning Act,1990;

(iv) the approval of a plan of subdivision tinder Section 51 of the

Planning Act, 1990;

Page 163 of 371


(v) a consent under Section 53 of the Planning Act, 1990;

(vi) the approval of a description under Section 51 of the

Condominium Act. R.S.O. 1980, c.84; or

(vii) the issuing of a permit under the Building Code Act, R.S.O.

1992 in relation to a building or structure.

(2) Subsection (1) shall not apply in respect of:

(a) local services installed at the expense of the owner within a plan of

subdivision as a condition of approval under Section 52 of the

Planning Act, 1990;

(b) local services installed at the expense of the owner as a condition

of approval under Section 53 of the Planning Act, 1990;

Existing Agreements

5. An agreement with respect to charges related to development registered prior to

passage of this by-law remains in effect after enactment of this by-law.

Multiple Charges

6. (1) Where two or more of the actions described in Section 4(1) are required

before land to which a development charge applies can be developed,

only one development charge shall be calculated and collected in

accordance with the provisions of this by-law.

(2) Notwithstanding Subsection (1), if two or more of the actions described in

Section 4(1) occur at different times, and if the subsequent action has the

effect of increasing the need for municipal services as designated in

Schedule "B", an additional development charge on the additional

residential units and/or commercial and/or industrial floor area, shall be

calculated and collected in accordance with the provisions of this by-law.

Service Standards

7. The approved service standards for the municipality are those contained in the

Development Charges Background Study.

Page 164 of 371


Service in Lieu

8. (1) Council may authorize an owner to substitute the whole or such part of the

development charge applicable to the owner's development as may be

specified in an agreement by the provision at the sole expense of the

owner, of services in lieu. Such agreement shall further specify that where

the owner provides services in lieu in accordance with the agreement,

Council shall give to the owner a credit against the development charge

otherwise applicable to the development, equal to the reasonable cost to

the owner of providing the services in lieu provided such credit shall not

exceed the total development charge payable by an owner to the

municipality.

(2) In any agreement under Subsection (1), Council may also give a further

credit to the owner equal to the reasonable cost of providing services in

addition to, or of a greater size or capacity, than would be required under

this by-law.

(3) The credit provided for in Subsection (2) shall not exceed the service

standards referenced in Section 7 and used in the calculation of the

charges in Schedule "C" and no credit shall be charged to any

development charges reserve fund prescribed in this by-law.

Front-Ending Agreements

9. (1) Council may enter into a Front-ending agreement with any or all owners

within a benefitting area pursuant to Section 21 of the Development

Charges Act. 1997, providing for the payment by the owner or owners of a

font-end payment or for the installation of services by the owners or any

combination of front-end payments and installation of services, which may

be in addition to the required development charge.

(2) Front-end payments made by benefitting owners under a front-ending

agreement relating to the provision of services for which a development

charge is payable shall be credited with an amount equal to the

reasonable cost to the owner of providing the services, against the

development charges otherwise payable under Schedule'73" of this by-

law.

Page 165 of 371


(3) No credit given pursuant to Subsection 9(1) shall exceed the total

development charge payable by the owner for the applicable service

component or the standard of service outlined in Schedule "B" and

referenced in Section 7.

(4) The front-end payment required to be made by the benefitting owner

under a front-ending agreement may he adjusted annually.

Development Charge Credits

10. An owner who has secured the necessary approvals may demolish and replace

existing dwelling units or commercial and/or industrial floor area and not be

subject to the development charge under Section 2 with respect to the

development being replaced, provided that the demolition has occurred within 60

months of the issuance of building permit and any additional floor area or

dwelling units created in excess of those demolished shall be subject to the

development charge calculated under Section 2.

Phasing Timing of Calculation and Payment

11. (1) The Development Charges set out in Schedule C of this By-law are

payable in full, subject to the exemptions and credits herein from the

effective date of this By-law.

(2) Development charges shall be calculated and payable in full in money or

by provision of services as may be agreed upon, or by credit granted by

the Act, on the date that the first building permit is issued in relation to a

building or structure on land to which a development charge applies, or in

a manner or at a time otherwise lawfully agreed upon.

(3) Where development charges apply to land in relation to which a building

permit is required, the building permit shall not be issued until the

development charge has been paid in full.

(4) Notwithstanding Subsections (1) and (2), an owner may enter into an

agreement with the municipality to provide for the payment in full of a

development charge before building permit issuance or later than the

issuing of a building permit.

Page 166 of 371


By-law Registration

12. A certified copy of this by-law may be registered on title to any land to which this

by-law applies.

Reserve Fund(s)

13. (1) Monies received from payment of development charges shall be

maintained in a separate reserve fund or finds, and shall be used only to

meet the growth-related net capital costs for which the development

charge was levied under this by-law.

(2) Council directs the Municipal Treasurer to divide the reserve fund(s)

created hereunder into the separate subaccounts in accordance with the

service categories set out in Schedule "B" to which the development

charge payments shall be credited in accordance with the amounts

shown, plus interest earned thereon.

(3) Where any development charge, or part thereof, remains unpaid after the

due date, the amount unpaid shall be added to the tax roll and shall be

collected as taxes.

(4) Where any unpaid development charges are collected as taxes under

Subsection (3), the monies so collected shall be credited to the

development charge reserve fund or funds referred to in Subsection (1).

By-law Amendment or Repeal

14. (1) Where this by-law or any development charge prescribed there under is

amended or repealed either by order of the Local Planning Appeals

Tribunal or by the Municipal Council, the Municipal Treasurer shall

calculate forthwith the amount of any overpayment to be refunded as a

result of said amendment or repeal.

(2) Refunds that are required to be paid under Subsection (1) shall be paid to

the registered owner of the land on the date on which the refund is paid.

(3) Refunds that are required to be paid under Subsection (1) shall be paid

with interest to be calculated as follows:

Page 167 of 371


(a) interest shall be calculated from the date on which the overpayment

was collected to the date on which the refund is paid;

(b) the refund shall include the interest owed under this Section;

(c) interest shall be paid at the Bank of Canada rate in effect on the

later of:

(i) the date of enactment of this by-law, or

(ii) the date of the last quarterly adjustment, in accordance with

the provisions of Subsection (4).

(4) The Bank of Canada interest rate in effect on the date of enactment of this

by- law shall be adjusted on the next following business day to the rate

established by the Bank of Canada on that day, and shall be adjusted

quarter-yearly thereafter in January, April, July and October to the rate

established by the Bank of Canada on the day of adjustment.

Development Charge Schedule Indexing

15. The development charges referred to in Schedule “C” shall be adjusted annually,

without amendment to this by-law, on the anniversary date of this by-law, in

accordance with Statistics Canada Table 18-10-0135-01 Building construction

price indexes, by type of building.

By-law Administration

16. This by-law shall be administered by the Municipal Treasurer.

Schedules to the By-law

17. The following schedules to this by-law form an integral part of this by-law:

Schedule “A” – Areas Subject to Development Charges,

Schedule “B” – Designated Municipal Services under This By-law

Schedule “C” – Residential and Non-Residential Development Charges

Page 168 of 371


Date By-law Effective

18. (i) This by-law shall come into force and effect on the date of its enactment

(ii) This by-law shall continue in force and effect for a term not to exceed five

years from the date of its enactment, unless it is repealed at an earlier

date.

Short Title

19. This by-law may be cited as the Development Charges By-law

Read a first, second, and a third time and finally passed this 3rd day of September,

2019.

___________________________

Mayor

___________________________

Municipal Clerk

Page 169 of 371


Schedule “A”

to By-law ___-2019

Area Subject to Development Charges

1. All land within the corporate limits of the Municipality of Brighton shall be subject

to the Development Charges outlined on Schedule "C".

2. Only development connected to the municipal sewer and water system shall be

subject to the water and wastewater portion of the Development Charges

outlined on Schedule "C".

Page 170 of 371


Schedule “B”

to By-law ___-2019

Designated Municipal Services under this By-law

Municipal-Wide Services

100% Eligible Services

Roads and Related

Fire Protection Services

90% Eligible Services

Administrative Services

Parks and Recreation Services

Library Services

Health Services

Urban Serviced Area Services

Wastewater Services

Water Services

Page 171 of 371


Schedule “C”

to By-law ___-2019

Schedule of Development Charges

NON-RESIDENTIAL

Single and Semi-

Detached Dwelling

Apartments - 2

Bedrooms +

Apartments -

Bachelor and 1

Bedroom


Floor Area)



Fire Protection 552 394 290 458 0.45



Health Services 500 357 262 415 0.08



Urban Services

Wastewater 735 525 386 610 0.47

Water 1,208 863 634 1,002 0.78




RESIDENTIAL

Service

Page 172 of 371

Public Meeting

August 12, 2019


2019 Development Charges

Background Study

1

Page 173 of 371

Public Meeting Purpose

• The Municipality of Brighton Development Charges (D.C.) By-law 058-

2014 came into effect on September 8, 2014

• Under the requirements of the Development Charges Act, 1997, as

amended (D.C.A.), a D.C. by-law expires 5 years after the date it came

into effect (i.e. September 8, 2019)

• Prior to Council’s consideration of a by-law, a background study must

be prepared and made available to the public a minimum of 2 weeks

prior to a public meeting and provided on the Municipality’s website 60

days prior to by-law passage

• This meeting is a mandatory requirement under the D.C.A. to provide a

review of the D.C. proposal and to receive public input on the proposed

policies and charges

2

Page 174 of 371

Study Process

3

D.C. Background

Study and proposed

D.C. by-law available

to public

Public Meeting of

Council

Dec. 2018 –

Jun. 2019

Growth forecast,

data collection,

preparation of D.C.

calculations

Stakeholder

Consultation

Session

D.C. By-law

Adoption• Sept. 3, 2019

• In-force date of

Sept. 8, 2019

June 17, 2019 July 4, 2019

Aug. 12, 2019June 28, 2019

Council

Workshop

Page 175 of 371

8. Specified Local Services

The Process of Calculating a Development Charge under the Act that must be followed

AnticipatedDevelopment

1.

Estimated Increase in Need for Service

2. Ineligible Services

Ceiling Re:Increased Need

Needs That WillBe Met

Examination of the Long-term Capital

and Operating Costs for Capital

Infrastructure

D.C. Needs By Service

Less: Uncommitted Excess Capacity

Less: Benefit To Existing Development

Less: Grants, Subsidies and Other Contributions

Less: 10% Where Applicable

D.C. By-law(s)

Spatial

Applicability

D.C. Net Capital CostsCosts for new development vs.

existing development for the term

of the by-law and the balance

of the period

Amount of the Charge

By Type of Development(including apportionment of

costs - residential and

non-residential)

Financing, Inflation and Investment

Considerations

3. 4.

5.

6.

11.

12.

13.

16.

17.

14.

15.

9.

Tax Base,

User Rates,

etc.

Subdivision

Agreements

and Consent

Provisions

Consideration of exemptions,

phase-ins, etc.

1

4

3

2

Non-Transit ServicesHistorical Service

Standard 4a.

Transit ServicesForward-looking

Service Standard 4b.

Asset Management Plan for All Capital

Projects to be Funded by D.C.s 7.

Non-Transit Services“Financially Sustainable” 7a.

Transit Services“Detailed

Requirements” 7b.

10.

4

Page 176 of 371

Update on Bill 108

• Bill 108, More Homes, More Choice Act, was introduced in the Ontario

Legislature on May 2, 2019 and received Royal Assent on June 6,

2019.

• The D.C.A. amendments include:

• Changes to Eligible Services

• “Soft Services” would be removed from the D.C.A. and considered as

part of a Community Benefit Charge under the authority of the Planning

Act

• Soft services includes any service other than roads, water, wastewater,

stormwater, fire, policing, transit, waste diversion and ambulance

• The amount of a community benefits charge payable shall not exceed an

amount equal to the prescribed percentage of the value of the land as of the

valuation date

• Waste Diversion and Ambulance will be a 100% D.C. recoverable

service (i.e. removal of 10% statutory deduction)

More Homes, More Choice Act

5

Page 177 of 371

Update on Bill 108

• D.C.A. amendments (continued):

• Determination of the D.C.

• D.C. for developments proceeding through Site Plan or Zoning Bylaw

Amendment planning applications will be determined based on the

charges in effect on the day of the application

• D.C. for developments not proceeding via these planning approvals will

be determined at the earlier of building permit issuance or occupancy

• Payment in Instalments

• Rental housing and commercial/industrial/institutional developments

would pay D.C.s in six equal annual payments, commencing from the

date of occupancy

• Non-profit housing would pay D.C.s in 21 equal annual payments,

commencing from the date of occupancy


6

Page 178 of 371

Update on Bill 108

• Regarding the commencement of the amendments to the D.C.A.

contained in Schedule 3

• “s.s.16(1) subject to subsection (2), this Schedule comes into force

on a day to be named by proclamation of the Lieutenant Governor”

• “s.s.16(2) Section 1, subsections 3(4), 5(1) and 13(5) and sections

14 and 15 come into force on the day the More Homes, More

Choice Act, 2019 receives Royal Assent”

• s.1 and s.s.3(4) – address definitions for waste diversion and policing

services

• s.s. 5(1) – provides for transition of soft services to a Community

Benefits Charge, under the authority of the Planning Act

• s.s.13(5), s.14 and s. 15 – allows the Lieutenant Governor to make

regulations, and repeals portions of Promoting Affordable Housing Act

and Comprehensive Ontario Police Services Act


7

Page 179 of 371

Update on Bill 108

• Based on the foregoing:

• While the Bill has received Royal Assent, many of the amendments

won’t come into effect until it is proclaimed

• The new s.s2(4) of the D.C.A., which sets the services that can be

included in a DC bylaw, which excludes the soft services, is not yet

in effect and comes into force on proclamation

• The new s.s.9.1(1) of the D.C.A. provides for by-laws expiring after

May 2, 2019 to remain in force as they apply to soft services, until

the earlier of: the date the bylaw is repealed, the date the

Municipality passes a Community Benefits Charge By-law under the

authority of the Planning Act, or the prescribed date (anticipated to

be January 1, 2021 based on draft regulations)

• As the new section 2(4) is not yet in effect, the proposed D.C. by-law

includes soft services


8

Page 180 of 371

Development Charge

Calculations

9

Page 181 of 371

Growth Forecast

10A: Excluding Census undercount and Institutional population

Residential Non-residential

Time Horizon Population AHousing

Units

Employment(excl. NFPOW &

WAH)

G.F.A. (sq. ft.)

Mid 2019 11,598 5,056 1,966

Mid 2029 12,274 5,496 2,143

Mid 2041 12,367 5,611 2,223

Buildout 13,042 5,927 2,468

Incremental Change

Mid 2019 – Mid 2029 676 440 177 139,100

Mid 2019 – Mid 2041 769 555 257 216,300

Mid 2019 – Buildout 1,444 871 502 427,800

Page 182 of 371

Increase in Need for Service

11

Municipal-wide Services (10-year)

• Parks and Recreation

• Library

• Health (new service)

• Administration – Studies

Municipal-wide Services (22-year)

• Roads and Related

• Fire Protection

Urban Area Services (Buildout Forecast)

• Wastewater

• Water

Page 183 of 371

Calculation of Development Charges

Gross Capital Costs - $23.9 million

12

Statutory Deduction -$0.2 million

1%

Post Period Benefit -$0.5 million

2%

Grants and Other Contributions -

$1.4 million6%

Existing Reserve Funds - $3.4 million

14%

DC Recoverable -$6.9 million

29%

Benefit to Existing Development - $11.4

million48%

Page 184 of 371

Calculation of Development Charges (cont’d)

D.C. Recoverable Share By Service - $6.9 million

13

Health Services -$0.1 million

2%Administration -

Studies - $0.2 million

3%

Fire Protection -$0.4 million

6%

Library Services -$0.4 million

6%

Parks and Recreation - $0.6 million

9%

Wastewater - $0.7 million10%

Water - $1.1 million16%

Roads and Related -$3.3 million

48%

Page 185 of 371

Proposed Schedule of Development Charges

14

NON-RESIDENTIAL

Single and Semi-

Detached Dwelling

Apartments - 2

Bedrooms +

Apartments -

Bachelor and 1

Bedroom


Floor Area)



Fire Protection 552 394 290 458 0.45



Health Services 500 357 262 415 0.08



Urban Services

Wastewater 735 525 386 610 0.47

Water 1,208 863 634 1,002 0.78




RESIDENTIAL

Service

Page 186 of 371

Comparison of Current and Proposed D.C.

15

Current Calculated Current Calculated


Roads and Related 3,309$ 4,729$ 3.17$ 3.85$

Fire Protection 355$ 552$ 0.17$ 0.45$

Parks and Recreation 1,493$ 1,434$ 0.10$ 0.23$

Library Services 270$ 884$ 0.02$ 0.14$

Health Services -$ 500$ -$ 0.08$

Administration - Studies 232$ 222$ 0.28$ 0.18$

Total Municipal Wide Services 5,659$ 8,321$ 3.74$ 4.93$

Area Specific Services:

Wastewater 536$ 735$ 0.26$ 0.47$

Water 2,419$ 1,208$ 1.18$ 0.78$

Total Area Specific Services 2,955$ 1,943$ 1.44$ 1.25$

Grand Total - Urban Area 8,614$ 10,264$ 5.18$ 6.18$

Residential (Single

Detached Dwelling)

Non-Residential

(per sq.ft. GFA)Service

∆ = $1,650 (19%) ∆ = $1.00 (19%)Change in the total D.C.s payable in the Urban Area:

Page 187 of 371

Development Charge Comparison

¹Proposed fee to be effective September 4, 2019.

²Proposed fee to be effective September 29, 2019.

³Includes connection charges, $2,500 each for water and wastewater services.

⁴DC shown here reduced by 50% until September 30, 2019.16

$0

$10,000

$20,000

$30,000

$40,000

$50,000

$60,000

Residential Development Charges (per Fully Serviced Single Detached Dwelling)

Lower/Single Tier Charges Upper Tier Charges Education DCs

Page 188 of 371



²Includes connection charges, $0.56 each for water and wastewater services.

³Proposed fee to be effective September 4, 2019.

⁴DC shown here reduced by 50% until September 30, 2019.17

$0

$5

$10

$15

$20

$25

$30Commercial Development Charges (per sq.ft. of GFA)


Page 189 of 371



²Reflects partial exemption for industrial uses, only requiring payment of the water and wastewater portion of the development charge.

³Includes connection charges, $0.56 each for water and wastewater services.

⁴Proposed fee to be effective September 4, 2019.18

$0

$2

$4

$6

$8

$10

$12

$14

$16

$18Industrial Development Charges (per sq.ft. of GFA)


Page 190 of 371

Development Charge By-law

Policies

19

Page 191 of 371

• It is recommended that one development charges by-law to be used for

all services, with charges for all services imposed on a municipal-wide

basis with the exemption of water and wastewater services which

would be imposed in the Urban Area only

• D.C. by-law would provide for calculation and collection of the charges

at the time of building permit issuance

• Municipality may enter into agreements for the D.C. to paid before or

after it would otherwise be payable

• Annual Indexing of D.C.s to occur on anniversary date of the by-law

Charge Applicability, Timing, and Administration

D.C. By-law Policies

20

Page 192 of 371

• The D.C.A. provides mandatory exemptions for:

• Industrial additions of up to and including 50% of the existing gross

floor area (GFA) of the building - for industrial additions which

exceed 50% of the existing GFA, only the portion of the addition in

excess of 50% is subject to D.C.s

• Land used for Municipal or Board of Education purposes

• Residential development that results in only the enlargement of an

existing dwelling unit, or that results only in the creation of up to two

additional dwelling units

Statutory D.C. Exemptions


21

Page 193 of 371

• The D.C. By-law would provide non-statutory exemptions for:

• Places of worship and churchyards, cemeteries or burial grounds

exempt from taxation under Section 3 of the Assessment Act,

R.S.O. 1980 c.31

• Industrial development

Non-Statutory Exemptions


22

Page 194 of 371

• Redevelopment credits on conversions or demolitions of existing

buildings or structures are generally granted to recognize what is being

replaced on site (not specific in the Act but provided by case law)

• Municipality’s D.C. by-law provides for redevelopment credits where

demolition/conversion occurs within 60 months of building permit

issuance

• No credit is provided when the existing building or structure being

redeveloped is exempt from the payment of D.C.s in accordance with

the D.C. by-law

Redevelopment Credits


23

Page 195 of 371

Next Steps

24

Page 196 of 371

Next Steps

• Council to receive input from the public on the proposed D.C. By-Law;

• Consider further amendments to the D.C. Background Study and D.C.

By-law prior to by-law passage, as required; and

• Council adoption of the D.C. By-law (September 3, 2019)

25

Page 197 of 371

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Page 198 of 371


Council Meeting

Council Date: 19 Aug 2019

To: Council

Prepared By: Jim Millar

Reviewed By: Bob Casselman

Department: Parks & Recreation

Subject/Title: Curling Club Roof Replacement Tender Report

Recommendation:

That council award the contract for Tender # REC 2019-09, “The replacement of the Roof at the Brighton Curling Club Building” to Perfect Choice Roofing of Brighton, Ontario for the before-tax bid price of $29,800.00 and authorize the remaining $7,350.00 Municipal portion to be taken from the Contingency Reserve Account.

Background/Purpose:

Through recent years the Curling Club roof has had the misfortune of shingle losses whenever high winds occur. The existing shingles have not been very good at withstanding the strong east - winds which blow from time-to-time over the A-frame roof. Executive members from the Curling Club have met with staff and have proposed funding plan to finance the roof replacement.

Staff report was presented to Council offering recommendations to repair the roof, however after hearing from Curling Club President Kerr who offered to fund the project using Club funds as well as the $15,000 of Municipal funding which was earmarked to Curling Club Reserves as per this year’s agreement between the Municipality and the Curling Club.

At the June 15th, 2019 Council meeting, Council passed a resolution directing staff to create and advertise a tender document for the replacement of the Curling Club roof.

Resolution No. 2019-455, “That Council directs staff to issue an RFP for roof replacement for the Brighton and District Curling Club and monies to be allocated as per the agreement and utilizing the $15,000 Curling Club budgeted amount.” Carried

Page 199 of 371

Analysis/Comments:

A Tender was issued for this work and upon its closing on July 25th at 2:00pm a total of five bid packages were submitted from perspective companies.

Perfect Choice Roofing $29,800

AGC And Associates Inc. $53,700

Cedargrove Roofing $38,340

Dafoe Roofing $53,625

T. Hamilton and Son Roofing Inc. $36,400

Upon looking at the submissions staff have selected the Tender submission from Perfect Choice Roofing as the preferred bidder and recommend them to Council for this project.

Legal/Legislative:

Financial Implications:

Although this project was not a budgeted item, the established budget for this project was $30,000.00.

Total cost of the project is $29,800.00 as Parks receives a 100% rebate on the HST amount charged to the department.

The $29,800.00 is recommended by staff to be paid by the following funding formula:

Municipal payment to the Curling Club for 2019 as per Agreement $15,000.00

Curling Club’s payment as per existing agreement - (25%) $ 7,450.00

Remaining expense amount to be taken from Contingency Reserve Account $ 7,350.00

Strategic Plan Alignment:

Attachments:

Page 200 of 371


Council Meeting


To: Council

Prepared By: Bob Casselman

Reviewed By:

Department: CAO

Subject/Title: Physician Recruitment Partnership Program Agreement

Recommendation:

That Council authorize the Mayor and Clerk to execute a Partnership Agreement between the Municipality of Brighton and the Quinte West Physician Recruitment Program as depicted in the Attachment appended hereto.

Background/Purpose:

The purpose of this report is to have Council consider the approval and execution of a Partnership Agreement with the Quinte West Physician Recruitment Program.

Analysis/Comments:

At the January 21, 2019 Council meeting, John Smylie - Chair and Paula Mason - Recruitment and Retention Co-ordinator provided an overview of the merits of the Quinte West Physician Recruitment and Retention Program and requested that the Municipality of Brighton consider a Partnership with this Program.

During the 2019 Budget deliberations, Council allocated $ 25,000. in support of the Quinte West Physician Recruitment and Retention Program.

Legal/Legislative:

Nil


Page 201 of 371

Council has allocated $ 25,000. in the 2019 budget.


Strategic Initiative:

Develop a robust economic development and tourism framework.

Goals:

Continue our commitment to regional (Quinte & Northumberland) economic development and tourism.

Attachments:

Quinte West Physician Recruitment Program Agreement

Page 202 of 371

Quinte West & CommunityPhysician Recruitment and Retention

—S- =czz_4C

PARTNERSHIP AGREEEMNT BETWEEN

THE QUINTE WEST PHYSICIAN RECRUITMENT PROGRAM

AND

THE MUNICIPALITY OF BRIGHTON

April 2019 to March 2020

GOAL:

-To expand our current marketing and physician recruitment campaign to assist Brighton residents in havingmore access to family doctors.

OBJECTIVES:

- To enable better access to care and improved medical healthcare outcomes, by shortening the time frame toreceiving primary care.

-To improve patient care within the community, but also at the Emergency Department at Trenton MemorialHospital, by reducing the number of non-urgent visits and decreasing wait times.

STRATEG I ES:

• Advertise and promote family practice opportunities in Quinte West and Brighton through

attendance at Medical School Career Fairs and Trade Shows (minimum S per year) across Ontario, as

well as on-line, through print and social media (Facebook, Twitter, Linkedln, lnstagram) and through

our website and monthly newsletter, “The Pulse”.

• Coordinate Physician/Resident Site-Community Tours, to give prospective physicians an

understanding and overview of the communities, real estate options, and opportunities for practice

locations.

• Prepare and distribute a welcome/information for all visiting medical students, residents and

physicians.

Page 203 of 371

• Promote and coordinate the educational opportunities available in the communities for medical

students and residents who come to Brighton and Trenton for their required learning. Arrange for

accommodations at fully furnished Medical Learners Apartment.

• Liaise with community partners (i.e.: Health Care Connect, Health Force Ontario, LHIN, QHC, etc.) to

respond to and address physician inquiries.

• Host retention events (minimum 2 per year) to ensure current family physicians want to stay.

• Work with current physicians, as required, to assist with succession-planning and locum coverage

for vacations, parental leaves, illness etc.

• Monitor inquiries, track recruitment results, press mentions, and informal feedback on all physician

recruitment efforts.

• Welcome participation from Brighton Council and a community representative on the Physician

Recruitment and Retention Committee, attendance at Recruitment and Retention events, tours etc.

• Maintain data base of current prospects ranging from local high school students to career physicians.

FUNDING:

In exchange for the above services, the Municipality of Brighton agrees to contribute the sum of

$25,000 for the period of April V 2019 to March 3V, 2020 to the Quinte West Physician

Recruitment and Retention Program.

Signed at

___________________________________on

this

________

day of 2019.

For the Municipality of Brighton

For the Quinte West Physician Recruitment and Retention Program

Page 204 of 371


Council Meeting


To: Mayor and Members of Council

Prepared By: Allen Magee

Reviewed By: Preston Parkinson/Bob Casselman

Department: Planning Services

Subject/Title: Sign Control By-Law #143-2003

Recommendation:

That Council receives the report dated August 12th, 2019, to amend and update Sign Control By-Law 143-2003 being a By-Law to regulate signs and other advertising devices in the Municipality of Brighton. That Council authorizes the approval and execution of the amending Sign Control By-Law as outlined in Schedule #2 attached hereto.

Background/Purpose:

The Sign Control By-law #143-2003 was created to regulate and control signs within the Municipality of Brighton as outlined in Schedule #1. Portable signs are classified as temporary signs and are typically used to advertise a business, person, activity, good, product or service available at the lot where the sign is located. (See Schedule #3) The Municipality of Brighton receives several sign permits a year for Portable signs; most of them are from non-profit organizations.

Analysis/Comments:

Proposed Amendments:

• Updating and clarifying the definition of Portable Signs. (See Schedule #2).

Page 205 of 371

• Extending the time period for Portable signs from Thirty (30) days up to ninety (90) days per sign. Three (3) sign permits per one (1) calendar year.

• Recognizing registered charitable and non-profit organizations within the Municipality. These organizations require a portable sign permit however there is no fee. They can have a sign up for thirty (30) days with a maximum of six (6) permits per calendar year.

• Updating and clarifying the sign permit fees in section 3.5. Each independent By-Law no longer indicates their own fees as the Municipal Fees and Charges By-Laws was created to cover the fees for each By-Law.

• The current fee for Portable signs is $50 a month and remains unchanged • The creation of a penalty clause, whereby there is a doubling of the permit fee for

those that erect a sandwich board, portable sign or permanent sign without the necessary permit.

Legal/Legislative:

Municipal Act, 2001, S.O., 2001, c.25,Section 99, as amended.


None


N/A

Attachments:

Schedule #1 Sign Control By-Law 143-2003

Schedule #2 Amending Sign By-Law XXX-2019

Schedule #3 Portable Sign

Page 206 of 371


BY-LAW NUMBER 143-2003

Being a by-law to regulate signs and other advertising devices in theCorporation of the Municipality of Brighton

‘WHEREAS the Municipal Act, 2001, 5.0. 2001, c. 25, provides in Section 99, thatCouncils of local municipalities may pass by-laws respecting advertising devices and signswithin the Municipality.

NOW, THEREFORE, the Council of the Corporation of the Municipality of BrightonENACTS AS FOLLOWS:

PART 1- TITLE, DEFIMTIONS, SCOPE AND APPLICATION

1.1 TITLE OF BY-LAW

This By-law may be cited as the “Sign By-law for the Corporation of the Municipality ofBrighton.”

1.2 DEFINITIONS

ALTER — shall mean any change to a sign structure or sign face, with the exception of achange in the message being displayed or repair and maintenance.

A WIVING — shall mean a space frame system, moveable or fixed, covered with fabric orlike material attached and projected from a building or structure but not forming anintegral part thereof.

BOULEVARD — shall mean the public property lying between the traveled portion of thestreet and the treet line.

BUILDING CODE — shall mean the Ontario Building Code Act, as amended from timeto time, and includes any regulations thereunder.

BUILDING FACADE — shall mean that portion of any exterior elevation of a buildingextending from grade to the top of the parapet, wall or eaves and the entire width of thebuilding elevation.

BY-LAW ENFORCEMENT OFFICER - shall mean the By-law Enforcement Officerappointed by Council of the Corporation of the Municipality of Brighton.

Page 207 of 371

CHIEF BUILDING OFFICIAL — shall mean the Chief Building Official appointed byCouncil of the Corporation of the Municipality of Brighton as prescribed in the OntarioBuilding Code Act.

COUNCIL — shall mean the Council of the Corporation of the Municipality of Brighton.

ERECT — includes the placing of, arranging for the placing of, the renting of, or theleasing of a portion of a lot or highway for a sign.

HIGHWAY— shall have the same meaning as that word as defined in the Municipal Act.

LOT — shall mean a parcel of land which is capable of being legally conveyed inaccordance with the provisions of the Planning Act, R.S.O. 1990.

MUvTCIPALITY— shall mean the Corporation of the Municipality of Brighton

PERSON — shall mean any human being, association, firm, partnership, incorporatedcompany, corporation, agent or trustee and any heirs, executors, successors, assigns orother legal representatives of a person to whim a contract can apply according to law.

SHOPPING CENTRE — shall mean a unified group of commercial establishments on asite designed, developed and managed as a single operating unit for which parking isprovided in common off-street areas, as opposed to a business area comprising ofunrelated individual commercial establishments.

SIGHT TRL4NGLE — shall mean the triangular space formed by the street lines of acorner lot and a line drawn from a point in one street line to a point in the other streetline, as required in the applicable Comprehensive Zoning By-law. V/here the two streetlines do not intersect at a point, the point of intersection of the two street lines shall bedeemed to be the intersection of the projection of the street lines or the intersection of thetangents of the street lines.

SIGN — shall mean and include any structure, device, or thing (and all parts thereof)which identifies, describes, promotes or advertises any building, person, place, product,business, service, enterprise, organization, event or thing in such a way as to be visiblefrom a highway or lot.

SIGN AREA — means the area of the display surface upon, against, or through which themessage or messages on the sign are displayed or illuminated and the area of a sign madeup of individual letters, symbols or numbers and not the combined area of the individualletters, symbols or numbers. For the purpose of this By-law, any double-sized sign shallbe deemed to have only one face, provided both faces are identical, contiguous, andparallel or diverging at an angle of not more than 15 degrees.

7

Page 208 of 371

SIGN, ANIMA TED - means a sign or advertising device which includes action ormotion, moves in a revolving manner or contains an intermittent or flashing light sourceor which includes the illusion of intermittent or flashing light by means of an animationor an externally mounted light source.

SIGN, A WNING — shall mean a wall sign supported entirely from the exterior wall of abuilding and composed of non-ridged materials except for the supporting framework.

SIGN, BANNER — shall mean a sign composed of lightweight material so as to allowmovement which is caused by atmospheric conditions.

SIGN, BILLBOARD — shall mean a sign structure to which advertising copy is fastenedin such a manner so as to permit its periodic replacement and which displays goods,products, services or facilities that are not available at the location of the sign andlorwhich directs or invites a person to a location different from that on which the sign islocated.

SIGN, CANOPY— shall mean a sign erected as an integral part of an attached canopy ora freestanding canopy.

SIGN, CONSTRUCTION — shall mean a sign incidental to a construction project or adevelopment located within the boundaries of the development or construction site.

SIGA DEVELOPMENT IDENT1FIGATION - shall mean a ground sign whichidentifies or draws attention to a group of businesses or persons located on the same lotas the sign. Such sign may or may not contain the names of individual businesses orpersons on the lot.

SIGN, DIRECTIOPt4L — shall mean a sign erected for the public safety or one whichprovides directional information for the control of vehicular traffic such as an entrance orexit sign or a loading area, and bearing no commercial advertising. A directional signmay take the form of a Ground sign or Wall Sign.

SIGN, ELECTION — shall mean any sign which is used to promote a candidate and/orpolitical identity during an election period using a ground sign within the Municipality.

SIGN, ELECTRIC SPECTA CULAR — shall mean a sign that employs flashing,animated or intermittent illumination.

SIGN, GROUND — shall mean a free standing sign in a fixed location, which sign iswholly supported by uprights or braces attached to the ground, and shall include a pole orpylon sign.

SIGN, HOME IDENTIFICATION — means a sign which identifies by letters and/ornumbers, the name of the occupants and/or highway address of the building on which lotthe sign is located.

3

Page 209 of 371

SIGN, HOME OCCUPATION— shall mean a sign for the identification of a home-basedbusiness.

SIGN, ILLU1VHN4TED — shall mean any Sign illuminated or lighted by any artificialmeans whatsoever, including direct, indirect, internal or external sources of illumination.

SIGN, INDUSTRIAL— shall mean a sign accessory to a permitted industrial use.

SIGN, INSTITUTIONAL— shall mean a sign accessory to a permitted institutional use.

SIGN, OFF-LOT — shall mean any sign which identifies or advertises a business, person,activity, good, product or service, which is not normally related to, or available at the lotwhere the sign is located.

SIGN, ON-LOT — shall mean any sign identifying or advertising a business, person,activity, good, product or service available at the lot where the sign is located.

SIGN, PORTABLE/MOBILE — shall mean and include any sign which is specificallydesigned or intended to be readily moved from one location to another and which doesnot rely on a building or a fixed foundation for its structural support.

SIGN, POSTER — shall mean an ott-lot or offilot sign which must be secured to anotherstructure such as a utility pole or light standard for support and wluch is made out ofpaper or other biodegradable material and does not exceed 279 mm (11 inches) in lengthby 432mm (17 inches) in width, (11” x 17”).

SIGN, POSTURN — shall mean a sign made with a series of triangular vertical sectionsthat turn and stop, or index to show two or more pictures or messages in the same area.

SIGN, PROJECTING — shall mean any sign attached to an exterior wall of a buildingand which projects horizontally to that wall.

SIGAç PUBLIC AUTHORITY — shall mean any sign erected for or at the direction ofany Municipality or government authority, agency, board or committee for the purpose ofproviding information to the public concerning any proceedings by such agency,authority, board or committee.

SIGN, REAL ESTATE — shall mean a sign on a lot advertising the sale, rent or lease ofthe lot but shall not include signs which advertise new subdivisions or developments.

SIGN, READOGRAPH — shall mean a sign, other than a portable sign, composed ofinterchangeable letters.

SIGN, ROOF — shall mean any sign the face of which is above the level of the eaves orparapet of a building, and includes painted signs on roofing material.

4

Page 210 of 371

SIGN, SAND WWH BOARD — shall mean a sign, which is erected or placed on, but notpermanently anchored in the ground, with copy on either or both sides, and can bedesigned as a self-supporting ‘A’ frame type, or designed in a frame with legs that areinserted into the ground.

SIGN, SIGNATURE ENTRANCE — shall mean a permanent ground sign that is topromote and advertise the name of the subdivision, neighbourhood or community.

SIGN STRUCTURE — shall mean the supports and framework for a sign.

SIGN, WALL/FACADE — shall mean a sign attached in close proximity and parallel toany exterior wall.

SIGN, WINDOW — shall mean any sign located on the interior of a building, which isintended to be seen from off the lot on which the sign is located.

ZONING BY-LA 11’ — means any by-law regulating the use of lands and the character,location and use of buildings and structures in the Municipality, and passed pursuant tothe Planning Act.

1.3 SCOPE OF BY-LAW

The provisions of this By-law shall apply to all lands which are within the geographicboundaries of the Corporation of the Municipality of Brighton. No signs within theMunicipality shall be erected, maintained or structurally altered except in conformitywith the provisions of this By-law or applicable regulation, act or legislation.

1.4 PERMIT REQUIRED

No person shall erect, display, after, repair or cause to be erected, displayed, altered orrepaired, a sign in the Municipality unless a sign permit has been issued by the ChiefBuilding Official or designate, unless the sign permit requirement has been specificallyexempted by this by-law.

1.5 PERMIT EXEMPTION

a) Street signs bearing only property numbers, street addresses, mailbox numbers, estatenames or names of occupants of the premises and having a maximum size of 0.2square metres (2.2 square feet).

b) Real Estate Sign (point ofsale,): The area of any one sign shall not exceed 0.6 squaremetres (6.5 square feet). Such signs shall be limited to a maximum of two signs perlot; shall be located on the subject property; shall not obstruct or interfere with thevision of vehicular or pedestrian traffic; and shall be removed within seven (7) daysof a sale or lease completion.

S

Page 211 of 371

c) Signs advertising yard sales, garage sales, auctions and/or open houses: Such signsshall measure not more than 0.4 square metres (4.3 square feet) in area (each side); nomore than two signs per lot shall be permitted for a period to not exceed five (5)consecutive days; shall be located on the private property of said event; and do notobstruct or interfere with the vision of vehicular or pedestrian traffic.

d) Db-ectional Signs: up to two directional signs per driveway access provided no signis greater than 0.4 square metres (4.3 square feet) in sign area, and provided that thetop of any directional sign is no higher than 1.5 metres (5.0 feet) above the finishedgrade at the sign location.

e) Public Authority Signs: an official sign required or authorized by a recognized publicauthority.

0 Memorial or commemorative signs or tablets, ground mounted or permanentlyattached or architecturally integrated to a building.

g) Signs erected by a government or municipal agency to assist Commerce and theTourist Trade, which have been approved by Council

h) Flags, emblems or insignia used only for the identification of a nation, province,country, municipality, school, political or religious group.

i) Displays consisting entirely of vegetative material.

j) Construction Site Sign with an area not greater than 1 square metre (10.75 squarefeet) and is removed from the site within 30 days of the completion of theconstruction.

k) Elecdon Signs for Federal, Provincial, Municipal or School Board elections shall bein accordance with the Election Acts.

1) Special Event Signs advertising special events of charitable or non-profitorganizations provided that it is not greater than 3 square metres (32.3 square feet);no signs shall be erected more than thirty (30) days prior to the day of the eventunless approved by Council; and the sign or signs shall be removed within forty-eight(48) hours after completion of the event.

m) Crop signs. Signs that identiI’ crops or signs that advertise the site of fresh farmproducts, provided that the maximum size of the sign is not more than 0.5 squaremetres.

1.6 PROHIBITED SIGNS

a) Vehicles, trailers or other equipment permanently parked solely for the purpose ofadvertising the direction to or a place of business or an event;

6

Page 212 of 371

b) Signs that encroach on public property unless expressly authorized by the responsiblepublic authority;

c) Signs that endanger public safety by reason of their location or inadequate orimproper construction or maintenance;

d) Signs which obstruct or impede any flue, air, intake, fire escape, fire exit, door,skylight, exhaust or impede free access by firefighters to any part Of a premises;

e) Signs on public trees, public fence posts and on public utility poles.

f) Signs which by their pictures, words or drawings are indecent or may tend to corruptor demoralize.

g) Signs which incorporate in any manner any flashing or moving illumination whichvaries in intensity or which varies in colour, and signs which have any moving parts,visible mechanical movement of any description or other apparent movementachieved by electrical pulsations or by actions of normal wind current other than timeor temperature.

h) Signs which by reason of size, location, content, colouring, or manner of illuminationobstruct the vision of drivers or pedestrians, or obstruct or detract from the visibilityor effectiveness of any traffic sign or control device on public streets and roads whichare located in a sight triangle.

i) Signs which malce use of words such as “Stop”, “Look”, “One Way”, “Danger”,“Yield”, or any other similar words, phrases, symbols, lights, or characters in such amaimer as to tend to interfere with, mislead, or confuse traffic and which are noterected by a Public Authority.

j) Signs located so as to obstruct or impede any required fire escape, fire exit, walkway,passageway, door, window, skylight, flue or air intake or exhaust or so as to preventor impede free access of firefighters to any part of the building.

k) Signs on or over public property or public right of way, unless erected and approvedin writing by a government agency having jurisdiction.

I) Signs painted on, attached to, or supported by a tree, stone, or other natural object orwooden utility pole.

in) Signs painted on the exterior walls of any building, except as approved by Council.

n) RoofSigns and signs erected in part or entirely above the surface of the roof of abuilding or structure.

7

Page 213 of 371

o) Ground Sign in excess of 2.40 metres in height within 15 metres of a traffic light.

p) Signs attached to a projecting or freestanding canopy except canopy signs and soffitsigns.

q) Any obsolete sign which no longer advertises a business conducted, or a product soldat the sign location. Such obsolete signs shall be removed within 30 days of theclosing of the business.

r) Signs which obstruct a required parking space or utilize such parking space forpurposes of locating a sign.

PART 2- REGULATIONS

2.1 GENERAL

a) No signs located within the municipal limits of the Corporation shall be located insuch manner as to impede the view of any highway intersection or railway gradecrossing or any ingress and/or egress from private or public property or where it maybe conffised with or impair the view of any authorized traffic sign, signal or device.

b) No Banner signs shall be displayed across any street without the approval of Council,and upon approval, shall be installed by employees of the Corporation at a feeestablished by Council.

c) Where the provisions of one portion of the By-law conflicts with any other provisionof this By-law, the most restrictive requirement shall be used to establish theminimum requirement.

2.2 EXISTING NON-CONFORMING SIGNS

a) This by-law does not apply to an advertising device that was lawfully erected ordisplayed on the day the by-law comes into force if the advertising device is notsubstantially altered, and the maintenance and repair of the advertising device or achange in the message or contents displayed shall be deemed not in itself to constitutea substantial alteration.

2.3 SIGN MAINTENANCE

All signs are to be maintained in a proper state of repair so that such sign does notbecome unsafe, structurally unsound, unsightly or dangerous.

8

Page 214 of 371

2.4 HEIGHT SPECIFICATIONS

a) No sign erected above a pedestrian walkway shall be less than 2.4 metres (8 feet)above such walkway;

b) The maximum height of a wall sign shall not exceed the height of the adjoining wall;and

c) No part of any ground sign shall exceed in height a distance of 7.5 mees (25 feet)above the level of the ground at the base of the sign structure.

2.5 COMPLIANCE WITH SITE DEVELOPMENT AGREEMENTS

Where a Site Plan or Subdivision Agreement approved by the Corporation providesstandards for signs and the signs for the development comply therewith, such signs shallbe deemed to comply with this By-law.

2.6 SIGN ILLUMINATION

a) No sign erected or displayed may be illuminated by remote fixtures not permanentlyfixed to the sign or sign structure.

b) No illumination of a sign shall spill directly beyond the face of the sign or be anuisance to neighbours or a hazard to public safety.

2.7 LUflT ON NUMBER OF SIGNS

Except as otherwise provided herein, the maximum number of signs that may be erectedshall be:

a) One (1) wall/facade sign and one (I) window sign per business frontage; and

b) One (1) only per business premises of another type of exterior sign, i.e., awning,canopy, projecting or ground.

2.8 GROUND SIGNS

The following regulations shall apply to all ground signs:

a) Ground signs shall be set back a minimum of 1.0 m from all street lot lines.

b) No ground sign shall exceed 5.0 m in any dimensions of the sign face.

c) No more than one (1) sign shall be mounted to the supporting structure of any groundsign. Notwithstanding the foregoing, additions may be allowed to existing ground

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signs provided that additions are of the same design, material and shape as theexisting sign.

d) No ground sign shall exceed a maximum height of 7.5 meaes (25 feet) from thefinished grade level at the base of the supporting structure of the said sign.

e) Ground signs shall be setback a minimum of 1.5 m from any common lot boundary’with an adjacent lot.

f) A ground sign including any part of its structure shall not be located closer than 1.0 mto any driveway.

g) No ground signs shall be erected where the distance between a structure and the streetline is less than 4 m. One (1) projecting sign shall be permitted in lieu of a groundsign where such distance is less than 4 m.

2.9 WALL/FACADE SIGNS

a) The maximum area of wall/facade signs shall be the lesser of fifteen (15) percent ofthe building façade to which it is attached or 9 square metres (96 square feet) or asapproved by Council.

b) No wall sign shall extend above the top of the roof surface.

c) No wall sign or any part thereof, shall project more than 0.5 m from the wall uponwhich it is mounted.

-

d) No wall sign shall extend beyond the extremities of the wall to which it is attached.

2.10 PROJECflNG SIGNS

a) A maximum of one (1) projecting sign may be erected or displayed on the side of thepremises fronting on a highway or public thoroughfare and, in the case of premiseswith sides fronting on more than one highway or public thoroughfare, a maximum ofone (I) projecting sign may be erected on each side.

b) No projecting sign shall be more than 0.6 square metres (6.5 square feet) in size.

c) Minimum height to bottom of projecting sign shall be 2.4 metres (8 feet) fromfinished grade.

d) Projecting signs shall not project more than 1.2 metres (4 feet) from the face ofbuilding to which it is attached.

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e) No projecting sign shall be located closer than 5 metres (16.4 feet) to any otherprojecting sign.

0 No projecting sign shall be illuminated internally.

g) A projected sign shall not be constructed as a free-swinging sign.

2.11 PORTABLE/MOBILE SIGNS

a) Portable/Mobile signs may only be erected for a specific period not to exceed thirty(30) days, at which time it shall be removed and not be replaced on the lot for ninety(90) days, from the date of its removal.

b) Portable/Mobile signs may only be erected as On-Lot signs, and shall idenfl’ oradvertise a business, person, activity, good, product or service available at the lotwhere the sign is located. Except as otherwise provided herein, Portable/Mobile signsmay not be erected as Off-Lot signs

c) No portable/mobile sign or any part of the sign structure shall be located less than Imetre (3.2 feet) from any property line.

d) No side of any portable/mobile sign shall have a gross area greater than 3 squaremetres (32.3 square feet);

e) All portable/mobile signs shall be staked firmly to the ground by means of iron stakesand all wheels shall be off the ground;

I)’ No more than one (I) portable/mobile sign shall be erected or displayed on a lot atany time;

g) Each portable/mobile sign shall be on privately owned property and not on municipalproperty and must be maintained to the satisfaction of the Municipality.

h) Portable/Mobile signs shall not be converted to permanent Ground signs.

2.12 SANDWICH BOARD SIGNS

Sandwich board signs are permitted on Corporation property provided that all of thefollowing conditions are met:

a) the sandwich board sign shall only be displayed during the time period when thecommercial operation is open for business;

b) a maximum of one (1) sandwich boaz-d sign per business shall be permitted in CoreArea zones and three (3) per business in all other zones in the Municipality;

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c) sandwich board signs shall not be more than 0.6 metres wide and 1.2 metres in high(2’ x 4’) on each side;

d) if placed on a sidewalk, the sandwich board sign shall occupy no more than one-thirdof the width of the sidewalk and not be located in the middle of the sidewalk so as toobstruct pedestrian movements;

e) No sandwich board sign is to be located within any sight triangle as prescribed by theZoning By-law; and

1) the sandwich board sign owner shall provide to the C’hief Building Official acertificate from an insurance company duly authorized to underwrite insurance in theProvince of Ontario certifying to the Municipality that the owner of the sign haspublic liability and property damage insurance in a minimum amount of one million($1,000,000.00) dollars and that the Municipality is shown as an additional insured onsuch policy. The certificate shall also certify’ that the policy provides that a minimumof 30 days notice must be given to the Corporation prior to any alteration, revocationor termination of the said policy.

2.13 OFF-LOT SIGNS

No off-lot sign shall be erected in the Municipality except in lots zoned for industrial,commercial, rural or agricultural use. An off-lot sign shall only identify or advertisebusiness operations located within the boundaries of the Municipality of Brighton. Thefollowing provisions shall apply:

a) A maximum of three (3) off-lot signs may be erected or displayed on any one lot.

b) A maximum of three (3) off-lot signs for any one business may be erected ordisplayed within the Municipality.

c) .411 off-lot signs shall be located in line with the established building lines, or whereno such line exists, shall have a minimum setback of three 3 metres (9.8 feet) from allproperty lines.

d) No off-lot sign shall be located within a radius of 30 metres (98.4 feet) from anotheroff-lot sign.

e) No off-lot sign shall have an area greater than 9 square metres (96 square feet).

f) Off-lot sigit shall not be located closer than 15 metres (50 feet) from residentially-zoned lot.

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2.14 BILLBOARD SIGNS

a) The billboard sign shall not be located closer than 10 metres (32.8 feet) from any sideyard lot line; 30 metres (98 feet) to a park, hospital, school or 100 metres (328 feet)from any residentially-zoned lot.

b) Billboard signs shall be a minimum of 500 metres from another billboard sign andshall be a maximum in area of 28 square metres (300 square feet).

c) Any billboard sign shall be a minimum of 100 metres (328 feet) from any municipalroad.

2.15 SOFFIT SIGNS

a) No portion of any soffit sign shall be less than 2.4 metres (8.0 feet) above the finishedgrade or be located above the first story of any building;

b) No soffit sign shall have vertical dimension greater than 0.4 metres (1.31 feet) or havea horizontal dimension greater than 2.4 metres (8.0 feet).

c) No soffit sign shall exceed 1 square metre (10.7 square feet) in sign area.

2.16 CANOPY SIGNS

a) A canopy sign shall be designed as an integral pan of the canopy fascia;

b) No portion of any sign shall be less than 2.4 metres (8.0 feet) above the finished floorlevel immediately below such sign;

c) Canopy signs shall only be located on the story having direct access to a street.

2.17 WINDOW SIGNS

a) The maximum sign area of any window sign shall not exceed 25% of the area of thewindow in which the sian is located.

2.18 RESIDENTIAL SIGNS

a) A maximum of one sign not exceeding 1 square metres (10.75 square feet) in area,advertising boarding, lodging on the lot on which the sign is located, provided suchaccommodation is not prohibited by the Municipality of Brighton Zoning By-laws, asamended; and

b) A maximum of one sign, not exceeding one (I) square metre (10.75 square feet) inarea, indicating the name of the apartment use on the property on which the sign is

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located, provided such use is permitted by the current Zoning By-law(s), as amended,for the Municipality of Brighton.

2.19 HOME OCCUPATION/HOME DUSTRY SIGNS

a) A home occupation/home inthtstzy shall not exceed 1 square metre (10.75 square feet)in sign area; and

b) A maximum of one (1) home occupation/home indust;y sign shall be permitted andshall be located in or on the property in which the home occupation is permitted.

PART 3- ADMIMSTRATION

3.1 CHIEF BUILDING OFFICIAL

The Chief Building Official or designate is responsible for the administration andenforcement of this By-law.

3.2 PERMITS

The ChiefBuilding Official or designate shall issue a sign permit except where:

a) The proposed sign or sign structure will not comply with this By-law, the OntarioBuilding Code, or any other applicable law; or

b) The application is incomplete or any fees due are unpaid.

3.3 PERISIIT APPLICATIONS

Applications for a sign permit shall be made to the ChiefBuilding Official upon a form tobe provided by the Chief Building Official which shall require the following informationto be set out on or accompany such application:

a) The name and address of the owner of the sign;

b) The name and address of installing contractor, if different than owner;

c) The name and address of the owner of the premises upon which the sign is locatedor to be located;

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d) Drawings, plans, and specifications showing:

i) The location or proposed location of the sign on the premises including itsrelation to any highway and lot line;

ii) The location or proposed location of all other signs on the premises forwhich a permit is required;

iii) The dimensions, construction supports, sizes, electrical attachments andcharacter of structural members to which the attachment is made, togetherwith such other engineering data certified by a duly licensed engineer orqualified professional, as the ChiefBuilding Official may require;

e) All permits as may be required by any other applicable government authorities suchas Hytho One, Electrical Services Authority, the Ministry of Transportation andLower Trent Conservation;

Q The required fee;

g) Such further and other information as the ChiefBuilding Official may require in orderto ensure that such sign will comply with the requirements of this By-law, theOntario Building Code and any other applicable laws.

h) The consent oftheperson in possession of the lot upon which the sign is located or tobe located to permit entry upon the said lot by the ChiefBuilding Official or designatefor the purpose of inspecting the sign in accordance with Section 15 (6) of theOntario Building Code Act, but nothing herein shall be construed to in any way limitor restrict the right of the Chief Building Official to enter upon the premises inaccordance with the provisions of the Building Code Act, the Provincial OffencesAct, or any other statutory authority.

3.4 VARIANCE

a) Where a person can not comply with the provisions of this by-law, applicationmay be made to Council for a variance to the provisions of the by-law.

b) Application to Council for a variance shall clearly set out why the provisions ofthe by-law can not be met and shall be accompanied by the appropriate fee for avariance, as set out in Section 3.5. The fee is non-refundable.

c) Council may, upon receiving the application for a variance from the provisions ofthe by-law, authorize such minor variances, provided, in the opinion of theCouncil, the general intent and purpose of the by-law are maintained.

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3.5 PERMIT FEE

Each application for a sign permit shall be accompanied by a non-refundable fee payableto the Municipality in the amount of:

a) Permanent Sign: $30.00 basic administration

b) Portable Sign: S15.00, per 30 day period

c) Sandwich Boards: Sandwich Board signs erected on private property areexempt from paying permit fees. Sandwich Board signs onpublic property will be charged a one-time administrationfee of Sl0.00.

d) Variance S100.00

3.6 CONSTRUCTION

All signs shall be constructed and inspected in accordance with the Building Code Act,5.0. 1992, c.23. as amended, by 5.0. 1997, c. 30, Schedule B2.

3.7 SIGN REMOVAL OR ORDER TO REMOVE SIGN

a) When a sign is erected or displayed in contravention of the provisions of this by-law,such sign may be removed immediately without notice, if located on, over, partly on,or partly over, property owned by the Municipality.

b) When a sign is erected or displayed in contravention of the provisions of this by-law,and such sign is located on private property, the Chief Building Official or designateshall give a written Order to the owner or person in possession of the lot upon whicha sign is located, to remove or repair such sign where it is not in compliance with thisby-law.

c) Upon receipt of the written Order, the owner of the sign or the person in possessionof the lot upon which a sign is located, shall comply with the Order forthwith, orwithin such time as specified in the Order.

d) Where the ChiefBuilding Official determines that there is a potential risk of injury topersons or damage to property from a sign, an Order shall be given to the owner toremove or repair the sign within 48 hours.

3.8 ENFORCEMENT AND PENALTY

Subject to Part 3.6 of this By-law, if there has been no compliance with an Order, theChiefBuilding Official or designate may pull down or remove said sign at the expense of

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the owner of the sign. The costs associated with pulling down andlor removal of the signwill be collected from the owner of the property on which the sign was located in a likemaimer as property taxes, or may be recovered by legal action.

3.9 VALIDITY

If any section, clause or provision of this By-law is for any reason declared by Court ofcompetent jurisdiction to be invalid, the same shall not affect the validity of the By-lawas a whole or any part thereof other than the section, clause or provision so declared to beinvalid and it is hereby declared to be the intention that all the remaining sections, clausesor provisions of this By-law shall remain in ffill force and effect until repealed,notwithstanding that one or more provisions thereof shall be declared to be invalid.

3.10 LIABILITY

The provisions of this By-law shall not be construed as relieving or limiting theresponsibility or liability of any person who erects, displays, causes, permits or allows tobe erected or displayed, any sign, for personal injury including injury resulting in death,or property damage resulting from such sign or from the employees, contractors or subcontractors, in the construction, erection, maintenance, display alteration, repair orremoval of any sign erected in accordance with a permit which is issued hereunder.Likewise, the provisions of this By-law shall not be construed as imposing on theMunicipality, its officers, employees, servants and agents, any responsibility or liabilitywhatsoever by reason of the approval of or issuance of a permit for any sign or removalof any sign.

3.11 INDEMNIFICATION

The applicant for a permit for a sign, the owner and occupant of the lands and premiseson which any sign is erected, shall be jointly and severally responsible to indemnif’ theMunicipality, its officers, employees, servants and agents, from all loss, damages, costs,expenses, claims, demands, actions, suits or other proceedings, of every nature and ldndarising from and in consequence of the construction, erection, maintenance, display,alteration, repair or removal of such sign.

3.12 OFFENCES/PENALTIES

Every person who:

a) Knowingly finishes false information in any application for a permit or anydocuments or plans accompanying such application for a permit under this By-law;

b) Fails to comply with any notice, order, director or other requirement given inaccordance with this By-law;

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c) Contravenes any provision of this By-law; and

d) Any person, firm or corporation who causes or permits or allow’s any contravention ofany of the provisions of this By-law is guilty of an offence and is liable uponconviction of such penalty as is authorized by the provisions of the ProvincialOffences Act R.S.O. 1990, c.P.33, as amended from time to time.

3.13 REPEAL

The following By-laws within the Corporation of the Municipality of Brighton are hereby repealed:

a) The Corporation of the Town of Brighton By-law Number 1995-884

b) The Corporation of the Township of Brighton By-law Number 95-1 128

3.14 EFFECTIVE DATE

This By-law’ shall come into force and take effect on the date of its passing.

READ A FIRST AND SECOND TiME, read a third time and finally passed this

22 day of April 2003.

\

Mayor ClerkJC.A.O.

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The Corporation of the Municipality of Brighton

By-Law No. XXX-2019

Being a By-Law to amend and update By-Law 143-2003, A By-Law to regulate signs and other advertising devices in the Corporation of the Municipality of Brighton

WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 provides in Section 99, that Council of local Municipalities may pass by-laws respecting advertising devices and signs within the Municipality;

AND WHEREAS the Council of the Corporation of the Municipality of Brighton considers it reasonable and necessary to regulate by By-law the number, location, size and type of signs within the municipal boundaries;

NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton enacts as follows:

1) THAT definition of “Portable Sign” of the By-Law number 143-2003 is hereby deleted and replaced with the following:

"Portable Sign" shall mean any sign that is specifically designed or intended to be readily moved from one location to another or is capable of being moved or towed to different locations with or without wheels, and not permanently anchored to the ground, a structure, foundation or other stationary object and has a face area or areas that can be used for permanent or temporary sign copy. A Portable sign shall also include any sign mounted on a trailer, a banner sign or an inflatable sign, but shall not include, ground signs, sidewalk signs, sandwich board signs, real estate signs, incidental or such other signs that are defined in this by-law. Portable signs may also have the capability of being illuminated by artificial light and shall not be considered as Electronic signs.

2) THAT Section 2.11 of By-Law number 143-2003 is hereby deleted and replaced with the following:

a) No person shall place or display or permit to be placed or displayed a portable sign on any land

Page 225 of 371

within the municipal limits of the Municipality unless and until a permit has been obtained for the portable sign in accordance with the provisions of the By-Law.

b) Every permit issued for a portable sign pursuant to the By-Law shall be issued for a single period of not more than ninety (90) days and no individual business shall be issued more than three (3) portable sign permits per lot in any calendar year.

c) Despite the provisions of sub-section (b) above, a registered charitable or non-profit organization may, to a maximum of six (6) times in each calendar year, obtain a permit, at no fee, to display a portable sign for its own charitable purpose for a maximum of thirty (30) consecutive days.

d) Portable sign permits are not transferable, and the message on the sign must relate to products sold and services provided by the business to which the permit is issued, and displayed on the lot to which the information on the sign relates.

e) Businesses sharing a common store front shall be considered as a single business for purposes of the by-law.

f) The maximum size of the display area of any portable sign shall be 5.0 square meters on each side (2 sides maximum).

g) Notwithstanding Section 3.7 (removal of signs section), the owner of a lot upon which a portable sign is located in accordance with a permit issued pursuant to this By-law, shall forthwith upon the expiration of the period for which the permit is issued (referred to herein as the Permit Period) remove the portable sign from the lot, and in the event that the portable sign is not removed from the lot upon the expiration of the Permit Period the Municipality may, in addition to any other rights or remedies it may have in law, provide the Owner of the lot at least forty-eight hours (48) notice to remove the portable sign and if, at the expiry of this 48 hour notice period the portable sign has not been removed, the Municipality or its agents or employees may enter upon the lot and remove the portable sign at the expense of the Owner of the lot.

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h) Portable signs are permitted in Residential Zones, without need of a permit, for the purpose of conveying greetings or other similar message regarding special events such as the Birthday or Anniversary of those residing on the subject property, for a period not exceeding 72 hours.

i) All Portable Signs shall be staked firmly to the ground by means of iron stakes or weighted down and all wheels shall be off the ground.

j) Each Portable Sign shall be on privately owned property and not on municipal property and must be maintained to the satisfaction of the Municipality.

k) Portable signs shall not be converted to permanent Ground signs.

l) Maximum Sign Structure Height: 2.5 metres Minimum Setback from all lot lines and property

lines: 1.5 metres

3) THAT Section 3.5 of By-Law number 143-2003 is hereby deleted and replaced

with the following:

3.5 PERMIT FEE

a) Each application for a sign permit shall be accompanied by a non-refundable fee payable to the Municipality in the amount outlined in the Municipal Fees and Charges By-Law.

b) The fee for Portable Signs in the Municipal Fees and Charges By-Law is per month. The fee for sandwich board signs and permanent signs are a one (1) time fee.

c) The sign permit fee shall be doubled in instances where the installation of the sign commences prior to the issuance of a Sign Permit. The property owner will be invoiced the amount and after sixty (60) days, the unpaid amount will be added to the property taxes.

This By-Law shall come into force and effect upon the date of final passing thereof.

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Read a first, second and third time and finally passed this 12th day of August 2019.

____________________________ ______________________________ Brian Ostrander - Mayor Candice Doiron - Clerk

Page 228 of 371

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Council Meeting



Prepared By: Allen Magee

Reviewed By: Bob Casselman/Preston Parkinson

Department: Planning Services

Subject/Title: Rate Of Speed By-Law

Recommendation:

That Council receives the report dated August 12 th, 2019, being a By-Law to regulate the rate of speed on specific Municipal Roads. That Council authorizes the approval and execution of the amended Rate of Speed By-Law as outlined in Schedule 2 attached hereto.

Background/Purpose:

The purpose of this report is to have Council consider the approval of an updated/consolidated version of the Rate of Speed By-Law. The Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and (3) provides that the Council of a Municipality may, for motor vehicles driven on a highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of speed. All enacted Rate of Speed By-Laws will have to be repealed before the passing of the proposed consolidated Rate of Speed By-Law. The approved rate of speed on local roads is 50km/h. The approved rate of speed on arterial roads is 80 km/h as per By-Law 052-2018. Several speed reduction By-Laws have been enacted to regulate speeds on specific roads within the Municipality. Generally, speed limits can been reduced on roadways

Page 230 of 371

near schools, day care centres, playgrounds, parks, built up residential areas, senior citizen residences, and may also be used for collision prone areas within a Municipality.

Analysis/Comments:

The proposed By-Law is to regulate speeds on specific Municipal Roads.

• Consolidation of existing By-Laws. • There are 43 Municipal Roads where speed limits have been reduced. • This amending By-Law should be revised and updated on an annual basis.

Legal/Legislative:

Highway Traffic Act, RSO 1990, Chapter H.8 as amended


None


Strategic Initiative, build a workable and livable community. Enhance public transportation.

Attachments:

Attachment # 1 Rate of Speed Existing By-Laws

Attachment # 2 By-Law 000-2019 Rate of Speed By-Law

Page 231 of 371


By-Law Number 053-2018

Being a by-law to prescribe the rate of speed on a highway.

Whereas the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;

And Whereas the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;

Now, therefore, the Council of the Corporation of the Municipality of Brightonenacts as follows:

1. Maximum Rate of Spoed—40 kmlh

Highway From To

Raglan Street Cedar Street Ontario Street

The penalties provided in Subsection 14 of Section 128 of the Highway TrafficAct shall apply to offences against this by-law.

This By-Law shall come into force and effect upon the date of final passingthereof.

Read a first, second and third time and finally passed this 1 8th day of June2018.

Ma A. Walas - Mayor CandiiDoiron - Clerk

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The Corporation of the Municipality Of Brighton

By-Law No. 086-2017


Whereas the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;


Now, Therefore, the Council of the Corporation of the Municipality of Brightonenac as follows:

Maximum Rate of Speed —60 km/h

Highway From To

Telephone Road Approximately 1.10 kmWest of County Road #30

Approximately 650mWesterly

The penalties provided In Subsection 14 of Section 128 of the Highway TrafficAct shall apply to offences against this by-law.


Read a first, second and third time and finally passed this 6th day of September2017.

dceDoironrMark A. Walas, Mayor

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By-law No. 077-2017

Being a by-law to prescribe the rate of speed on a highway

WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;

AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;

NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton

ENACTS AS FOLLOWS:

Maximum Rate of Speed—GO km/h

Highway From To

Guertin Road County Road #30 800 metres Westerly



Read a first, second and third time and finally passed this S day of September2017.

Mark A. Walas, Mayor Candi Doiron, Clerk

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By-Law No. 072-2015

Being a By-law to Prescribe the Rate of Speed on Old Wooler Road

Whereas Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, allowsa municipality to pass a by-law in respect of a highway if it has jurisdiction over thehighway;

And Whereas Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, as amended,states that a highway is owned by the municipality that has jurisdiction over itsubject to any rights reserved by a person who dedicated the highway or anyinterest in the land held by any other person;

And Whereas the Municipal Act 2001, as amended, provides in Section 11(3), inpart, that a lower tier municipal may pass by-laws, subject to the rules set out insubsection (4), respectIng matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;

And Whereas the Highway Traffic Act, RSO iggo, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under Its jurisdiction, by by-law prescribe a rateof speed;

And Whereas the Council of the Corporation of the Municipality of Brighton deemsIt expedient to prescribe the rate of speed on said portion of highway;

Now, therefore, the Council of the Corporation of the Municipality of Brightonenacts a maximum rate of speed of 60 km/hour (portions formerly 80 km/hour) forthe entire length of Old Wooler Road in the Municipality of Brighton.

The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Actshall apply to offences against this by-law.

This by-law to become effective on the date of passing. Read a first, second andthird time and finally passed this 9th day of September, 2015.

Vicki Kimmett, Deputy ClerkMark A. Walas, Mayor

Page 235 of 371


By-Law No. 059-2014

Being a By-Law to Prescribe the Rate of Speed on a Highway(Baldwin Street)

Whereas Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended,allows a municipality to pass a by-law in respect of a highway if it has jurisdictionover the highway;

And whereas Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, asamended, states that a highway is owned by the municipality that hasjurisdiction over it subject to any rights reserved by a person who dedicated thehighway or any interest in the land held by any other person;

And whereas the Municipal Act, 2001, as amended, provides in Section 11(3),in part, that a lower tier municipality may pass by-laws, subject to the rules setout in subsection (4), respecting matters within the following sphere ofjurisdiction: 1. Highways, including parking and traffic on highways;

And whereas the Highway Traffic Act, RS0 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highway under its jurisdiction, by by-lawprescribe a rate of speed;

And whereas the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;


Maximum Rate of Speed —40 km/hr(formerly 50 km/hi)

Highway From To

Baldwin St. Harbour Street Bay Street

The penalties provided in Subsection 14 ofSection 128 of the Hiqhway TrafficAct shall apply to offences against this by-law.

This by-law to become effective on the date of passing.

Read a first and second time and read a third time and finally passed this 11°day of August, 2014.

Mark A. Walas, Mayor Gayle J. Frost, CAO/Clerk

Page 236 of 371


By-Law No. 036-2013

Being a By-Law to Prescribe the Rate of Speed on Scriver Road(Between Whites Road and Smith Street)



And Whereas the Municipal Act, 2001, as amended, provides in Section 11(3), inpart, that a lower tier municipality may pass by-laws, subject to the rules set out insubsection (4), respecting matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;

And Whereas the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rateof speed;

And Whereas the Council of the Corporation of the Municipality of Brighton deemsit expedient to prescribe the rate of speed on said portion of highway;

Now, Therefore, the Council of the Corporation of the Municipality of Brightonenacts as follows:

Maximum Rate of Speed — 60 km/hr

Highway Between And

Scriver Road Whites Road Smith Street

The penalties provided in Subsection 14 ofSection 128 of the H,ghway Traffic Actshall apply to offences against this by-law.


Read a first and second time and read a third time and finally passed this 6th day ofMay, 2013.


Page 237 of 371


BY-LAW NO. 050 -2012

Being a By4aw to Prescribe the Rate of Speed on a Highway(Middle Ridge Road and a Section of Old Wooler Road)

Whereas Section 27 of the Municipal Ad 2001,5.0. 2001, c.25, as amended, allow5 amunicipality to pass a by-law in respect of a highway lilt has jurisdiction over thehighway;

And Whereas Section 30 of the Municipal Act 2001, 5.0.2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land heldby any other per5on;

And Whereas the Municipal Act, 2001, as amended, provides in Section 11(3), In part,that a lower tier municipality may pass by-laws, subject to the rules set out in5ubsection (4), respecting matters within the following sphere of jurIsdiction: 1.Highways, including parking and traffic on highways;

And Whereas the Highway Traffic Act, RSO 1990, Chapter H.B, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;

And Whereas the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;

Now, Therefore, the Council of the Corporation of the Municipality of Brighton enactsas follows:

Maximum Rate of Speed — 60km/hr(formerly 80 km/hr)

HiRhway From To

Middle Ridge Road Telephone Road Full lengthOld Wooler Road (For 1.2 km section starting 1.4km east of County Road 30)

The penalties provided in Subsection .14 of Section 128 of the Highway Traffic Act shallapply to offences against this by-law.


Read a first and second time and read a third time and finally passed this 161h day ofJuly, 2012.

Page 238 of 371

THE CORPORATION OF THE MUNiCIPALITY OF BRIGHTON

BY-LAW NO.030-2012

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY

(Timber Ridge Drive, Ironwood Crescent and Fairway Crescent)

WHEREAS Section 27 of the Municipal Act 2001, 5.0.2001, c.25, as amended, allows amunicipality to pass a by-law in respect ofa highway jilt has jurisdiction over the highway:

AND WHEREAS Section 30 of the Municipal Act 2001,5.0.2001, c25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;

AND WHEREAS the Municipal Act 2001, as amended, provides in Section 11(3), in port,that a lower tier municipality may pass by-laws, subject to the rules set out in subsection(4), respecting matters within the following sphere of jurisdiction: LHighways, includingparking and traffic on highways:

AND WHEREAS the Highway Traffic Act, RSO 1990, Chapter 11.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may. for motor vehicles driven on a highwayor portion ofa highway under its jurisdiction, by by-law prescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;

NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTSAS FOLLOWS:

Maximum Rate of Speed —40 km/hriformerlySo km/br)

Hiehwav From To

Timber Ridge Drive Bullis Road Full length

ironwood Crescent Timber Ridge Drive Full length

Ironwood Crescent Timber Ridge Drive Full length

The penalties provided in Subsection 14 ofSecUon 128 of the Highway Traffic Act shall apply to affences againstthis by-law


Read a first and second time and read a third time and finally passed this 07th day of May.2012.

4 . i

Page 239 of 371


BY-LAW NO. 074-2011

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY (BULLIS ROAD)

WHEREAS Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over the highway;

AND WHEREAS Section 30 of the Municipal Act 2001, S.0. 2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;

AND WHEREAS the Municipal Act, 2001, as amended, provides in Section 11(3), in part,that a lower tier municipality may pass by-laws, subject to the rules set out in subsection(4), respecting matters within the following sphere of jurisdiction: 1. Highways, includingparking and traffic on highways;

AND WHEREAS the Highway Traffic Act RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;



Maximum Rate of Speed - 60 km/hr(formerly 80 km/br)

Highway From To

Bullis Road Telephone Road southerly for 1.0 km to the existing 50km/hr zone on Bullis Road

The penalties provided in Subsection 14 ofSection 128 of the Highway Traffic Act shall apply to ojfences againstthis by-law.


Read a first and second time and read a third time and finally passed this 19” day ofDecember, 2011.

Mark A. Walas, Mayor Gayle 1. Frost CAO/Clerk

Page 240 of 371


BY-LAW NO. 041-2 011

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY (LAKESHORE ROAD)

WHEREAS Section 27 of the Municipal Act 2001, 5.0.2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over the highway;

AND WHEREAS Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;


AND WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;



Maximum Rate of Speed - 50km/hr(formerly 60 km/br)

Highway From To

Lakeshore Road HuffRoad 1.75 westerly to the Municipality ofBrighton boundary with the Township ofCramahe

The penalties provided in Subsection 14 ofSection 12 of the Highway Traffic Act shall apply to offences againstthis by-law.


Read a first and second time and read a third time and finally passed this 18th day ofJuly,2011.


Page 241 of 371


BY-LAW NO. 076-20 10

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED

ON A HIGHWAY (BULLIS ROAD)

WHEREAS the Highway Traffic Act RSO 1990, Chapter H.B, Section 128 (1). (2) and (3)

provides that the Council of a municipality may, for motor vehicles driven on a highway or

portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems it

expedient to prescribe the rate of speed on said portion of highway;

NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTS

AS FOLLOWS:

Maximum Rate of Speed—SO km/li

Highway From To

Bullis Road White’s Road 1.0km northerly

The penalties provided in subsection 14 nI Section 128 oIthe Highway Traffic Act shall apply to offences against this by-law.


Read a first and second time and read a third time and finally passed this 18th day of

October 2010.

IChristine H rn gton, Mayor Gay e F/Frost, CAO/Clerk

CERTIFIED TO BE A TRUE COPY AND CORRECT COPY

OF THE ORIGINAL DOCUMENT V.-IICH HAS NOT BEEN

ALTERED [N ANY

MUNICIPALITY OF BRIGHTON

Page 242 of 371

WHEREAS the Highway Traffic Act, P50 1990, Chapter BR, Section 128 (1), (2) and (3)provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway.

NOW, THEREFORE, the Council of the Corporation of the Municipality of lirightonENACTS AS FOLLOWS:

Maximum Rate aiSpeed -50km/h

Richmond StreetCemetery RoadTwin LaneMoran Drive

County Road 21County Road 30County Road 30Richmond Street

Southerly to dead endRichmond StreetRichmond StreetRichmond Street

The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to ollences against this by-law.


Read a first second and third time, and finally passed this I” day of March, 2010.

Christine Herrin, Mayor


BY-LAW NO. 016-2010

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (HAMLET OF HILTON)

Highway From Th

Page 243 of 371


BY-LAW NO. 005-2010

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (ELIZABETH STREET)

WHEREAS the Highway Traffic Act RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;

AND WHEREAS the Council of the Corporation of the Municipality oF Brightondeems it expedient to prescribe the rate of speed on said portion of highway;


Maximum Rate of Speed -50 km/h

Hi2hway From

Elizabeth Street Pinnacle Street South 0.85 km easterly (John Street)and Terry Fox Drive

The penalties provided in Subsection 14 of Section 128 of the Highway Traffic ActshaLL apply to offences against this by-law.


Read a first, second and third time and finally passed this 18 day of January, 2010.

Christine Herrington, Mayor Gayle J. Frost, CAO/Clerk

Page 244 of 371


BY-LAW NO. 004-2010

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (CHATTEN ROAD)

WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and

(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate of

speed;


NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton

ENACTS AS FOLLOWS:


Highway From To

Chatten Road County Road 30 Florence Road



Read a first second and third time and finally passed this 18 day ofjanuaiy, 2010.

Christine Kerrington, Mayor Gayle J. Frost CAO/Clerk

Page 245 of 371


BY-LAV NUMBER 467-2007

Being a by-law In prescribe the rate of speed on a highway.

WHEREAS the L-Iighway Traffic Act, RSO 1990. Chapter 1-1.8, Section 128 (I),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-Ithv prescribe a rale ofspeed;

fl AND VHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion olhighway;

NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:


Hiehway From To

Bit/Ifs Road JVhite ‘s Road 1.0 kin nor/beth’

Hansen Road County Road 26 Brook c C’reseent

Lakeshore Road HuJJRoad Cramahe Th’sp boundary

Lawson Road County Road 64 Lawson Settlenient Road

Lit/lu Lake Road County RoadJO 1.5 km westerly

Telephone Root! County Road 26 Quinte I Vest boundary

The penalties provided in Subsection 14 of Section 128 of the l-Iighway Traffic Act shallapply to offenccs against this by-law.


IthAD A FIRST AND SECOND TIME, read a third time and ftnally passed this 2v dayof July 2007.

Page 246 of 371




WHEREAS the Highway Traffic Ad, RSO 1990, Chapter [1,8, Section 128(1), (2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highway under its jurisdiction, by by-lawprescribe a rate of speed;

AND VHEREAS the Council of the Corporation of the Municipality ofBrighton deems it expedient to prescribe the rate of speed on said porlion of highway;


Maximum Rate of Speed —60 kmih

Highway From To

Stoney Pob,; Rout! North County Road #2 0.8 km south ofPowerline Road

The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Actshall apply to olfences against this by-law.


READ A FIRST AND SECOND TIME, read a third time and finally passed this 19ih

day of March, 2007.

Mayor

Page 247 of 371




WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Seclion 128(I), (2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highway under its jurisdiction, by by-lawprescribe a rule of speed;

AND VHEREAS the Council of the Corporation of the Municipality ofBrighton deems it expedient to prescribe the rate ofspeed on said portion of highway;

NOW, ThEREFORE, the Council of the Corporation of the Municipality ofBrighlon ENACTS AS FOLLOWS:

Maximum Rate of Speed—60 km/h

Highway From To

White’s Road 1,0 An, east ofCounty Road #26 1 Va It Street

The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act

shall apply to offences against this by-law.


READ A FIRST AND SECOND TIMg, read a third time and finally passed this 15th

day of August, 2005

Clerk

Page 248 of 371

TIlE CORPORATION OF THE MIJNTCIPALITY OF BRIGHTON



WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8,Section 128 (1), (2) and (3) provides that the Council of a municipality may,for motor vehicles driven on a highway or portion of a highway under itsjurisdiction, by by-law prescribe a rate ofspeed;

AND WHEREAS the Council of the Corporation of the Municipalityof Brighton deems it expedient to prescribe the rate of speed on said portionof highway;

• NOW, THEREFORE, the Council of the Corporation of theI Municipality of Brighton ENACTS AS FOLLOWS:

Maximum Rate of Speed-SO km/b

Highway From To

Lakeshore Road Presqu ‘lie Parkway HuffRoad

While’s Road County Road #26 1.0 km. easterly

Maximum Rate orSneed-60 km/h

Highway From To

Bonn Road Smith Street 0.5 km. northerly

Telephone Road County Road #30 0.8 km. easterly

The penalties provided in Subsection 14 of Section 128 of the Highway• Traffic Act shall apply to offences against this by-law.


READ A FIRST AND SECOND TIME, read a third time and finally passedthis 21st day ofJune 2004.

LLMayor Clerk/C.A,O.

Page 249 of 371

THE CORPORATION OF THE MUNICwarry OF BRIGHTON



WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may. for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;

AND VHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;

NOW, THEREFOflE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:


Highway From To

Harbour Street County Rd. #63 Ontario Street(Prince Edivard Street)

The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to offences against this by-law.


READ A FIRST AND SECOND TIME, read a third time and finally passed this 4th dayof November 2002.

9 Mayor CIerWCAO.

Page 250 of 371




WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (I),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;



Maximum Rate orSpeed—50 km/b

Highway From To

Shoal Pain! Road Sioncy Point Rood South End



READ A FIRST AND SECOND TIME, read a third time and finally passed this 22ndday of August 2001.

MayoiCS’ CIerWCAO.

C-)

Page 251 of 371



Beine a by-law to prescribe the rate of speed on a highway.

WHEREAS the Highay Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may. fur motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-Jaw prescribe a rate ofspeed;




Highway From To

Little Lake Road County Road #30 200 metres west ofAlexanderRood

Maximum Rate otSpced —70 km/h

Highway From To

Telephone Road C’ouniy Road # 26 East Municipal Limits

The penalties provided in Subsection 14 of Section J28 of the Highway Traffic Act shaJiapply to offences against this by-law.


READ A FIRST AND SECOND TtME, read a third time and finally passed this 8th dayof August 2001.

&tayor Cler .&O.

Page 252 of 371

CORPORATION OF THE TOWN OF BRIGHTON


Being a fly-Law to Prescribe the Rate of Speed on a Highway

WHEREAS the Highway Traffic Act, RSO 1990, ChapterN.8, Section 128 (1), (2) and

(3) provides that the Council of a municipality may, for motor vehicles driven on a

highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of

speed;

AND WHEREAS the Council of the Corporation of the Town ofBrighton deems it


NOW, THEREFORE, the Council of the Corporation of the Town of Brighton ENACTS

AS FOLLOWS:

Maxin tam Rate of Speed —40 km/h

Highway From ToMills Road Harbour Si’eet End of Mills Road

Nesbitt Drive Mills Road End ofNesbitt Drive

Lockwood Drive Mills Road End of Lockwood Drive

The penalties provided in Subsec ion 14 of Section 128 of the I-lighway Traffic Act shall

apply to offences against this by- aw.

This by-law to become effective un (lie date of passing.

READ A FIRST AND SECOND TIME, read a third time and finally passed this 6” day

of October, 1999.

MayorP A A A

Page 253 of 371

CORPORATION OP THE TOWN OP BRIGHTON

BY—LAW NUMBER 1993—809

Being a By—Law to Prescribe

the Rate of Speed on a Highway

WHEREAS the Highway Traffic Act, RSO 1990, Chapter

14.8, Section 128 (1), (2) and (3) provides that the Council

of a municipality may, for motor vehicles driven on a highway

or portion of a highway under its jurisdiction, by by—law

prescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the

Town of Brighton deems it expedient to prescribe the rate

of speed on said portion of highway;

NOW, THEREFORE, the Council of the Corporation of

the Town of Brighton EtACTS AS FOLLOWS:

Maximum Rate Of Speed — 40 km/h

Highway Proa To

Maplewood Avenue Monck Street Main Street

Richardson Street Prince Edward Street Maplewood Avenue


Highway Prom To

Highway No. 2 Ontario Street West Town Limits

(Main Street)

Unless otherwise indicated, all other highways within the

Corporation of the Town of Brighton shall have a prescribed

maximum rate of speed of 50 kilometres per hour.

The penalties provided in Subsection 14 of Section 128 of

the Highway Traffic Act shall apply to offences against this

by—law.

This by—law to become effective on the date of passing.

READ A FIRST AND SECOND TIME, read a third time and finally

passed this 21st day of June, 1993.

iTiVorClerk

U

Page 254 of 371



Being a by—law to prescribe rate of speed on Highway

WHEREAS pursuant to Section 29(4) of the Public Transport

ation and Highway Improvement Act and by virtue of an Order in Council

numbered OC—2451/85, approved on the 10th day of October, 1985, the

portion of highway under the jurisdiction and control of the Ministry

of Transportation and Communications, known as King’s Highway No. 2

commencing at a point situate at its intersection with a westerly limit

of the roadway known as Oliphant Street and extending easterly therealong

for a distance of 1200 metres was transferred to the Town of Brighton and

WHEREAS the said portion of highway becomes part of the

Municipal street system and,

WHEREAS the Council of the Corporation of the Town of Brighton

deems it expedient to prescribe the rate of speed on said portion of

highway,

NOW, THEREFORE, the Council of the Corporation of the Town

of Brighton ENACTS AS FOLLOWS:

Maximum Rate of Speed — 50 km/h

From To

Centre line of Pinnacle Street easterlyfor a distance of 400 metres.

Highway No. 2

READ A FIRST AND SECOND TIME, READ A THIRD TIME AND FINALLY PASSED THIS

3rd day of February, 1986.

7/Mayor Clerk

F

Highway

____

Highway No. 2


From 400 metres east of centre line ofPinnacle Street easterly to the Town of

Brighton east limits,

The penalties provided in subsection 13 of section 109 of the HighwayTraffic Act shall apply to offences against this by—law.

This by—law to become effective on date of passing.

/

Page 255 of 371

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Page 256 of 371


By-Law Number 053-2018


Whereas the Highway Traffic Act, RSO 1990, Chapter H.8, Section 12B (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;



1. Maximum Rate of Speed —40 kmih

Highway From To

Raglan Street Cedar Street Ontario Street



Read a first, second and third time and finally passed this I 8th day of June2018.

CandiFtoiron - ClerkA. Walas - Mayor

Page 257 of 371

The Corporation of the Municipality Of Brighton

By-Law No. 086-2017


Whereas the Highway Traffic Act, RSO 1990, Chapter 11.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its Jurisdiction, by by-law prescribe arate of speed;

And Whereas the Council of the Corporation of the Municipality of Brighton• deems it expedient to prescribe the rate of speed on said portion of highway;



Highway From To

Telephone Road Approximately 1.10 km Approximately 650mWest of County Road #30 Westerly

The penalties provided In Subsection 14 of Section 128 of the Highway TrafficAct shall apply to offences against this by-law.


Read a first, second and third time and finally passed this 6th day of September2017.

ceDoiron,lr*Mark A. Walas, Mayor

Page 258 of 371


WHEREAS the Highway Traffic Act, RSQ 1990, Chapter H.8, Section 128 (1), (2)and (3) provIdes that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;


NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton

ENACTS AS FOLLOWS:


Highway From

GueWn Road County Road #30 800 metres Westerly

The penalties provided in Subsection 14 of Section 128 of the HIghway TrafficAct shall apply to offences against this by-law.


Read a first, second and third time and finally passed this 5 day of September2017.

Q, I

Candi Doiron, Clerk

By-Law No. 077-2017

Being a by-law to prescribe the rate of speed on a highway

To

Mark A. Walas, Mayor

Page 259 of 371


By-Law No. 072-2015

Being a By-law to Prescribe the Rate of Speed on Old Wooler Road

Whereas Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, allowsa municipality to pass a by-law in respect of a highway If It has jurisdiction over thehighway;

And Whereas Section 30 of the Municipal Ad 2001, 5.0. 2001, c.25, as amended,states that a highway is owned by the municipality that has jurisdiction over itsubject to any rights reserved by a person who dedicated the highway or anyinterest in the land held by any other person;

And Whereas the Municipal Act 2001, as amended, provides in Section 11(3), inpart, that a lower tier municipal may pass by-laws, subject to the rules set out insubsection (4), respecting matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;

And Whereas the Highway Traffic Ad, R5O 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rateof speed;

And Whereas the Council of the Corporation of the Municipality of Brighton deemsIt expedient to prescribe the rate of speed on said portion of highway;

Now1 therefore, the Council of the Corporation of the Municipality of Brightonenacts a maximum rate of speed of 60 km/hour (portions formerly 80 km/hour) forthe entire length of Old Wooler Road in the Municipality of Brighton.

The penalties provided In Subsection 14 of Section 128 of the Highway Traffic Adshall apply to offences against this by-law.

This by-law to become effective on the date of passing. Read a first, second andthird time and finally passed this 9th day of September, 2015.

- Vidi IGmmett Deputy ClerkMark A. Walas, Mayor

Page 260 of 371


By-Law No. 059-2014

Being a By-Law to Prescribe the Rate of Speed on a Highway(Baldwin Street)


And whereas Section 30 of the Municipal Act 2001, S.0. 2001, c.25, asamended, states that a highway is owned by the municipality that hasjurisdiction over it subject to any rights reserved by a person who dedicated thehighway or any interest in the land held by any other person;

And whereas the Municipal Ad, 2001, as amended, provides in Section 11(3),in part, that a lower tier municipality may pass by-laws, subject to the rules setout in subsection (4), respecting matters within the following sphere ofjurisdiction: 1. Highways, including parking and traffic on highways;

And whereas the Highway Traffic Ad, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highway under its jurisdiction, by by-lawprescribe a rate of speed;

And whereas the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;


Maximum Rate of Speed —40 km/hr(formerly 50 km/hr)

Highway From To

Baldwin St. Harbour Street Bay Street

The penalties provided in Subsection 14 ofSection 128 ofthe Highway TrafficAct shall apply to offences against this by-law


Read a first and second time and read a third time and finally passed this 11th

day of August, 2014.

Mark A. Walas, Mayor Gayle J. Frost, CAOlCIerk

Page 261 of 371


By-Law No. 036-2013

Being a By-Law to Prescribe the Rate of Speed on Scriver Road(Between Whites Road and Smith Street)

Whereas Section 27 of the Municipal Act 2001, S.O. 2001, c.25, as amended,allows a municipality to pass a by-law in respect of a highway if it has jurisdictionover the highway;


And Whereas the Municipal Act, 2001, as amended, provides in Section 11(3), inpart, that a lower tier municipality may pass by-laws, subject to the rules set out insubsection (4), respecting matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;

And Whereas the Highway Traffic Act, RSD 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rateof speed;

And Whereas the Council of the Corporation of the Municipality of Brighton deemsit expedient to prescribe the rate of speed on said portion of highway;


Maximum Rate of Speed — 60 km/hr

Highway Between And

Scriver Road Whites Road Smith Street

The penalties provided in Subsection 14 ofSection 128 of the H,ghway Traffic Actshall apply to offences against thiS by-law


Read a first and second time and read a third time and finally passed this 6th day ofMay, 2013.

Mark A. Walas, Mayor Gayle J. Frost, CAD/Clerk

Page 262 of 371


BY-LAW NO. 050 -2012

Being a By-Law to Prescribe the Rate of Speed on a Highway(Middle Ridge Road and a Section of Old Wooler Road)

Whereas Section 27 of the Municipal Ad 2001,5.0. 2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over thehighway;

And Whereas Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, statesthat a highway Is owned by the municipality that has jurisdiction over it subject to anyright5 reserved by a person who dedicated the highway or any interest in the land heldby any other person;

And Whereas the Municipal Act, 2001, as amended, provides in Section 11(3), in part,that a lower tier municipality may pass by-laws, subject to the rules set out insubsection (4), respecting matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;

And Whereas the Highway Traffic Act, R50 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;

And Whereas the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;

Now, Therefore, the Council of the Corporation of the Municipality of Brighton enactsas follows:

Maximum Rate of Speed — 60km/hr(formerly 80 km/hr)

Highway From To

Middle Ridge Road Telephone Road Full lengthOld Wooler Road (For 1.2 km section starting 1.4km east of County Road 30)

The penalties provided in Subsection 14 ofSection 128 of the Highway Traffic Act shallapply to offences against this by-law.


Read a first and second time and read a third time and finally passed this 161h day ofJuly, 2012.

‘I

.1 1

Page 263 of 371


BY-LAW NO.030-2012

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY

(Timber Ridge Drive, Ironwood Crescent and Fairway Crescent)

WHEREAS Section 27 of the Municipal Act 2001, 5.0.2001, c25, as amended, allows amunicipality to pass a by-law in respect of a highway if Ithas jurisdiction over the highway;

AND WHEREAS Section 30 of the Municipal Act 2001, 5.0.2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;


AND WHEREAS the Highway Traffic Act, RS0 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may. for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion olhighway;


Maximum Rate of Speed -40 km/hr(formerly SO km/hr)

Highway From To

Timber Ridge Drive Bullis Road Full length

Ironwood Crescent Timber Ridge Drive Full length

ironwood Crescent Timber Ridge Drive Full length

The penalties provided in Subsection 14 ofSection 128 oldie Highway Traffic Act shall apply to offences againstthis by-law


Read a first and second time and read a third time and finally passed this 07th day of May.2012.

A

Page 264 of 371


BY-LAW NO. 074-2011

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY (BULLIS ROAD)

WHEREAS Section 27o1 the Municipal Act 2001, S.0.2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over the highway;

AND WHEREAS Section 30 of the Municipal Act 2001, S.0. 2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;


AND WHEREAS the Highway Traffic Act, R50 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;



Maximum Rate of Speed -60 km/hr(formerly 80 km/hrj

Highway From To

Bullis Road Telephone Road southerly for 1.0 km to the existing 50km/hr zone on Bullis Road

The penalties provided in Subsection 14 ofSection 128 ofthe Highway Traffic Act shall apply to offences againstthis by-law.


Read a first and second time and read a third time and finally passed this 19th day ofDecember, 2011.

Mark A. Walas, Mayor Gayle j. Frost, CAO/Clerk

Page 265 of 371


BY-LAW NO. 041-2011

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY (LAKESHORE ROAD)

WHEREAS Section 27 of the Municipal Act 2001, 5.0.2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over the highway;

AND WHEREAS Section 30 of the Municipal Act 2001, S.O. 2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;

AND WHEREAS the Municipal Act 2001, as amended, provides in Section 11(3), in part,that a lower tier municipality may pass by-laws, subject to the rules set out in subsection(4), respecting matters within the following sphere of jurisdiction: 1. Highways, includingparking and traffic on highways;

AND WHEREAS the Highway Traffic Act RSO 1990, Chapter H.8, Section 128 (1), (2J and(3) provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;



Maximum Rate of Speed-SO km/hr(formerly 60 km/lw)

Highway From To

Lakeshore Road Huff Road 1.75 westerly to the Municipality ofBrighton boundary with the Township ofCramahe

The penalties provided in Subsection 14 ofSection 128 of the Highway Traffic Act shall apply to offences againstthis by-law.


Read a first and second time and read a third time and finally passed this 18U day of July,2011.

Mark A. Walas, Mayor Gayle J. Frost CAO/Clerk

Page 266 of 371


BY-LAW NO. 076-2010

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED

ON A HIGHWAY (BULLIS ROAD)

WHEREAS the HIghway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and (3)

provides that the Council of a municipality may, for motor vehicles driven on a highway or

portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems it


NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTS

AS FOLLOWS:

Maximum Rate of Speed - SO km/h

Highway From To

Bullis Road White’s Road 1.0 km northerly

The penalties provided in Subsection 14 olSeuion 128 of the Highway Traffic Act shall apply to offences against this by-law.



October 2010.

Christine H rn gton, Mayor Gayle Frost CAU/Clerk

CERTIFIED TO BE A ThUR COPY AND CORRECT COPYOF THE ORIGINAL DOCUMENT WI-ITCH HAS NOT BEEN

ALTERED [N MY S

MUNICWALYYV OF BRIGHTON----‘—5’

Page 267 of 371


BY-LAW NO. 016-2010

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (HAMLET OF HILTON)

WHEREAS the Highway Traffic Act. RSO 1990. Chapter H8, Section 128 (1), (2) and (3)provides that the Council of a municipality may, for motor vehides driven on a highwayor portion ofa highway under its jurisdiction, by by-law prescribe a rate of speed;



Maximum Rate of Speed —50km/h

Hiehwav From 12

Richmond Street County Road 21 Southerly to dead endCemetery Road County Road 30 Richmond StreetTwin Lane County Road 30 Richmond StreetMoran Drive Richmond Street Richmond Street

The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to olfences against this by-law.


Read a first, second and third time, and finally passed this jsi day of March, 2010.

- Christine Herrin, Mayor Gayle I. rost, CAD/Clerk

Page 268 of 371


BY-LAW NO. 005-2010

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (ELIZABETH STREET)

WHEREAS the Highway Traffic Act RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;



Maximum Rate of Speed - 50 km/h

Highway From

Elizabeth Street Pinnacle Street South 0.85 km easterly (John Street)and Terry Fox Drive



Read a first second and third time and finally passed this 18U1 day of January, 2010.

Christine Herrington, Mayor Gayle J. Frost CAO/Clerk

Page 269 of 371


BY-LAW NO. 004-2010

BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (CHATTEN ROAD)

WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;




Highway From To

Chatten Road County Road 30 Florence Road



Read a first, second and third time and finally passed this 18th1 day of January, 2010.

Christine Herrington, Mayor Gayle J. Frost, CAO/Clerk

Page 270 of 371




WHEREAS the Highway Traffic Act, RSO 1990, Chapter 11.8, Section 128 (I),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under ils jurisdiction, by by-Idw prescribe a rate ofspeed;

C) AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;

NOW, ThEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:


Hiuhway From To

Bzdhs Road White’s Road 1.0 kin northerly

Hansen Road County Road 26 Brook c Crescent

Lakeshore Road I-luffRoad Cramahe Thwp boundary

Lawson Road Cou,zr;’ Road 63 Lawson Settlement Road

Utile Lake Road County Road 30 1.5 km ii’ester!j’

Telephone Road Cowztj’ Road 26 Quinte West boundary

The penalties provided in Subsection 14 of Section 128 or the Highway Traffic Act shallapply to olTences against this by-law.


READ A FIRST AND SECOND TIME, read a third time and finally passed this 23 dayofiuly 2007.

N

Page 271 of 371




WHEREAS the Highway Traffic Act, RSO 1990, Chapter 11.8, Section 128(1), (2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highvVay under its jurisdiction, by by-lawprescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the Municipality ofBrighton deems it expedient to prescribe the rate of speed on said portion of highway;

NOV, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:


Highway From

Sioney Point Road Not/li Cowuv Road #2 0.8 km south ofPower/inc Road

The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Actshall apply to olTences against this by-law.

Tins by-law to become effeclive on the date of passing.

READ A FIRST AND SECOND TIME, read a third time and finally passed this jqth

day of March, 2007.

- —— --___

N

To

Mayor

Page 272 of 371




WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128(1), (2) and (3) provides that the Council of a municipality may, for motor vehicles

driven on a highway or portion of a highway under its jurisdiction, by by-law

II prescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the Municipality ofBrighton deems it expedient to prescribe the rate of speed on said portion of highway;


Maximum Rnte of Speed — 60 km/h

Highway From To

While’s Road 1.0 km east ofCounty Road #26 Walt Street

The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act

shall apply to offences against this by-law.


READ A FIRST M’4D SECOND TIME, read a third time and finally passed this 15th

day of August, 2005.

_

I

Mayor Clerk

Page 273 of 371

WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8,Section 128 (1), (2) and (3) provides that the Council of a municipality may,for motor vehicles driven on a highway or portion of a highway under itsjurisdiction, by by-law prescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the Municipalityof Brighton deems it expedient to prescribe the rate of speed on said portionof highway;

NOW, THEREFORE, the Council of the Corporation of theMunicipality of Brighton ENACTS AS FOLLOWS:

Lakeshore Road Presqu lie Parkway HuffRoad

White’s Road County Road #26 1.0 km. easterly

Maximum Rate of Speed-60 km/h

Highway From

Bonn Road Smith Skeet 0.5 km. northerly

Telephone Road County Road #30 0.8 km. easterly

C

The penalties provided in Subsection 14 of Section 128 of the HighwayTraffic Act shall apply to offences against this by-law.


READ A FIRST AND SECOND TIME, read a third time and finally passedthis 21st day ofJune 2004.

THE CORPORATION OF THE IUJMCWALITY OF BRIGHTON



Maximum Rate of Speed-50 km/h

Highway From To

To

‘.4

Clerk/C.A.O.

Page 274 of 371




WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;




Highway Frum To

Harbour Street County Rd. #64 Ontario &reet(Prince Edward Street)



READ A FIRST AND SECOND TIME, read a third time and finally passed this 4th dayof November 2002.

Mayor Clerk/CA.O.

Page 275 of 371



Being a by-l.w to prescribe the rate orspeed a a hiflway.

WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of

m sped;

AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate ofspeed on said portion of highway;


Maximum Rate ofSpeed -5O km/h

Highway From To

Shoal Point Road Stoncy Point Road South End



READ A FIRST AND SECOND TIME, read a third time and finalLy passed this 22ndday of August 2001.

Mayo4.L’ CkrWC.kO.

)

Page 276 of 371



Beine a by-bw to prescribe the nie of speed on a hiflway.

WHEREAS the Highsay Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may. for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;

AND WHEREAS the Council of the Corporation of the MunicipaLity of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;

NOW, THEREFORE, the Council of the Corporation of the MunicipaLity ofBrighton ENACTS AS FOLLOWS:


Highway From To

Little Lake Road County Road 4 30 200 metres west ofAlexanderRoad

Maximum Rate of Speed—70 km/h

Highway From To

Telephone Road County Road 4 26 East Municipal Limits



READ A FIRST AND SECOND TLME, read a third time and finally passed this 8th dayof August 2001.

CIOZ

Page 277 of 371



Being a By-Law to Prescribe the Rate of Speed on a Highway

WI IEREAS the Highway Traffic Act, RSO 1990, Chapter F1.8, Section 128 (1), (2) and

(3) provides that the Council of a municipality may, for motor vehicles driven on a

highway or portion of a highway tinder its jurisdiction, by by-law prescribe a rate of

speed;

AND WHEREAS the Council of the Corporation of the Town ofBrighton deems it


NOW, THEREFORE, the Council of the Corporation of the Town of Brighton ENACTS

AS FOLLOWS:

Maxin ium Rate of Speed —40 km/h

Highway From ToMills Road Harbour Sitet End of Mills Road

Nesbitt Drive Mills Road End ofNesbitt Drive

Lockwood Drive Mills Road End of Lockwood Drive

The penalties provided in Subsection 14 of Section 128 of the 1-lighway Traffic Act shall

apply to offences against this by- aw.

This by-law to become effective .n the date of passing.

READ A FIRST AND SECOND TIME, read a third time and finally passed this 6h day

of October, 1999.

___________

A A_

Mayor f Clerk

Page 278 of 371

CORPORATION OP THE TOWN OF BRIGHTON


Being a By—Law to Prescribe

the Rate of Speed on a Highway

WHEREAS the Highway Traffic Act, RSO 1990, Chapter

H.8. section 128 (1) (2) and (3) provides that the Council

of a municipality may, for motor vehicles driven on a highway

or portion of a highway under its jurisdiction, by by—law

prescribe a rate of speed;

AND WHEREAS the Council of the Corporation of the

Town of Brighton deems it expedient to prescribe the tate

of speed on said portion of highway;

NOW, THEREFORE, the Council of the Corporation of

the Town of Brighton EWACTS AS FOLLOWS:


Highway Eros To

Maplewood Avenue Monck Street Main Street

Richardson Street Prince Edward Street Maplewood Avenue


Highway Pros To

Highway No. 2 Ontario Street West Town Limits

(Main Street)

Unless otherwise indicated, all other highways within the

Corporation of the Town of Brighton shall have a prescribed

maximum rate of speed of 50 kilometres per hour.

The penalties provided in subsection 14 of Section 128 of

the Highway Traffic Act shall apply to offences against this

by — law.

I This by—law to become effective on the date of passing.

READ A FIRST AND SECOND TIME, read a third time and finally

passed this 21st day of June, 1993.

Clerk

U

Page 279 of 371



Being a by—law to prescribe rate of speed on Highway

WHEREAS pursuant to Section 29(4) of the Public Transport

ation and Highway Improvement Act and by virtue of an Order in Council

numbered OC—265l/85, approved on the 10th day of October, 1985, the

portion of highway under the jurisdiction and control of the Ministry

of Transportation and Communications, known as King’s Highway No. 2

commencing at a point situate at its intersection with a westerly limit

of the roadway known as Oliphant Street and extending easterly therealong

for a distance of 1200 metres was transferred to the Town of Brighton and

WHEREAS the said portion of highway becomes part of the

Municipal street system and,

WHEREAS the Council of the Corporation of the Town of Brighton

deems it expedient to prescribe the rate of speed on said portion of

highway,

NOW, THEREFORE, the Council of the Corporation of the Town

of Brighton ENACTS AS FOLLOWS:


Highway From To

Highway No. 2 Centre line of Pinnacle Street easterlyfor a distance of 400 metres.


Highway No. 2 From 400 metres east of centre line ofPinnacle Street easterly to the Town of

Brighton east limits.

The penalties provided in subsection 13 of section 109 of the HighwayTraffic Act shall apply to offences against this by—law.

This by—law to become effective on date of passing.

READ A FIRST AND SECOND TIME, READ A THIRD TIME AND FINALLY PASSED THIS

3rd day of February, 1986.

7/ /7

Mayor Clerk

Page 280 of 371

r-c -i1_jn- r-’’- -- ‘-‘--

ZD

GORDON CARTONMINISTER OF TRHSPORTATION

AND COMr1Ljt-JICATIONS

Certified to beNo. 1973—33 asof the Villageon August 7th,

zh,.

- —lu -‘r - I

‘1 - I .1 1. I tr t9tI

--

4 --:1*

* -

- -zhneet 1. Ii njntiL n flf ‘-1Le i:i: a’; i1rqff in-nt. (:-.Z 17fl, C: t%v n) _iit1n es ole nill ile :1] r--;

cr t1e trstec’r if a nice rij1’-’ei--—i’- to - rnecr ii n nnd i r Los -er

- •uor ‘jt uids d-vn on nn- l,t -t’a: or nort of—v -‘‘-‘rl’r its jr:!r1iotcn;

II it ria sr e:n;edm’I; ti at te s1eed of:C(7V V-’ i’lOs cc n-rh’Lp iLL’,’- 0 5 t tJi’ Uüi’ ort:on

*1 t* V L.a-c °: rL to: l-- i

I J’ tIS J i!fl 1 -f tn :n- rLt on -‘f t Vaiaeot’ - tn:: en.nts an t’nl1.r’s: -

- iv, nrtin nt’ Nio’nv set-- nut beinv is aI:ed in cen- 1 ia-uce ‘it h1 :‘—rot t O15 *Ir.Vp -1::e ] ‘1t 2 ‘iC .oi;

n-r1 r--- r-:i-;’]; hor

‘I ç’n ti’.pt ‘‘r-- 3l-.r:-t 1jv,be dt

1 Dundas treet n;in .3tmeet V Jiae li ‘t

- “‘- r :1 ti r(1r fl’’ bPO ZL’ 1 0 ruf cecton1. lh F_ -‘ j1.’f r’ :1’t nLr’ I -nij to

(-u’’ -n’ .--r n 1—

ui’ ‘It ,‘-!r-s ni’ r nt1rn ‘,f,i 1I - r nt,’-r -r o:l -1-

II

1 — 7’L‘-‘-: c :atst 1 07.4-I.

Approved this 27 day of AUG 1973pursuant to the provisions ofThe Highway Traffic Act.

,/1

Pen

Re’gistrar

iiIi

ii

—t:

u4rc[’

:;V 2- t

Clerk

a true mad correct copy of By—Lawsed by the Council of the Corporationof Brighton at their meeting held1973.

Page 281 of 371


Council Meeting



Prepared By: Linda Widdifield, Director of Finance & Administrative Services

Reviewed By: Bob Casselman

Department: Finance

Subject/Title: Procurement Policy Review Report

Recommendation:

That Council approve the Procurement Policy and adopt the Procurement Policy by By-law.

Background/Purpose:

The Municipality of Brighton is guided by the Purchasing By-law 2006-371 and the Purchasing Policy, identified as Schedules ‘A’ and ‘B’ to the Purchasing By-law 2006-371.

Section 270 of the Municipal Act, 2001 requires a municipality to “adopt and maintain policies including for the procurement of goods and services.”

On June 5, 2017, staff presented a procurement policy to update the 2006 purchasing by-law. Council did not adopt a new policy at that time.

Analysis/Comments:

The purpose of a purchasing (procurement) by-law and policy is to ensure integrity and transparency of a municipality’s procurement system, to provide the roles, responsibilities and authorities of staff and elected officials in carrying out procurement and to comply with the requirements of Section 270 of the Municipal Act.

Page 282 of 371

Once adopted, a procurement by-law and policy will comply with all applicable laws, regulations, by-laws, policies and trade agreements. It will ensure an open, fair and transparent process that will allow equal access to all qualified suppliers, achieve the best value to municipal expenditures with an effective balance between accountability and efficiency and will adhere to the highest standards of ethical conduct.

The procurement by-law should be consistent with those of similar sized municipalities. Reviewing policies and updating them to reflect changing situations is good practice.

The Northumberland Treasurers group meet regularly to discuss municipal finance initiatives. One of the initiatives that the Treasurers have been reviewing is the procurement policies for each municipality in Northumberland County. The Treasurers have looked closely at Northumberland County’s Procurement Policy and, as a group have decided to use this policy as a base for creating our individual policies. Northumberland County has a professional purchasing manager and the policy has been vetted through their legal.

Municipal staff have written, reviewed and revised the attached policy. Once the policy was satisfactory to staff, it was sent to the municipal auditor and legal for their reviews. Comments from BDO Canada LLP and from Cunningham Swan Carty Little and Bonham LLP have been taken into consideration in the attached policy.

Legal/Legislative:



STRATEGIC INITIATIVES:

1. Be a responsible municipal team.

Attachments:

Procurement Policy

Page 283 of 371

2


Procurement Policy

August 12, 2019

Page 284 of 371

3

Contents

Section 1: Purpose and Principles .................................................................................... 5

1.1 Purpose ................................................................................................................. 5

1.2 Principles ............................................................................................................... 5

Section 2: Interpretation and Application ............................................................................ 5

2.1 Defined Terms ....................................................................................................... 5

2.2 Application ............................................................................................................. 9

2.3 Procurement Value ................................................................................................ 9

2.4 Contract Splitting .................................................................................................... 9

2.5 Cooperative Purchasing ......................................................................................... 9

2.6 Purchasing Procedures and Protocols ................................................................... 9

Section 3: Ethical Conduct and Conflicts of Interest ........................................................... 9

3.1 Municipality’s Conduct and Internal Conflicts of Interest ........................................ 9

3.2 Suppliers’ Conduct and External Conflicts of Interest .......................................... 10

Section 4: Roles and Responsibilities ............................................................................... 11

4.1 The Role of Council .............................................................................................. 11

4.2 Roles and Responsibilities of Municipal Officers and Employees ........................ 11

4.3 Roles and Responsibilities of Committees of Council: ......................................... 13

Section 5: Procurement Methods ...................................................................................... 13

5.1 Standard Procurement ......................................................................................... 13

5.1.1 Low Cost Purchase .............................................................................................. 13

5.1.2 Supply Arrangement ......................................................................................... 14

5.1.3 Competitive Procurement Process ..................................................................... 15

5.2 Non-Standard Procurement ................................................................................. 15

5.3 In-House Bids ...................................................................................................... 16

5.4 Unsolicited Proposals ........................................................................................... 16

Section 6: Procurement Approvals and Delegated Authorities .......................................... 16

6.1 Delegated Authorities for Procurement ................................................................ 16

6.2 Conditions of Delegated Authorities ..................................................................... 16

6.3 Council Approval .................................................................................................. 17

6.4 Emergency Purchases ......................................................................................... 17

Section 7: Supplier Relations and Contract Management ................................................ 18

7.1 Procurement Notification ...................................................................................... 18

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7.2 Debriefings ........................................................................................................... 18

7.3 Bid Protest Procedure .......................................................................................... 18

7.4 Contract Management.......................................................................................... 19

Section 8: Records, Confidentiality and Access to Information ......................................... 20

8.1 Records Retention ............................................................................................... 20

8.2 Confidentiality ...................................................................................................... 21

8.3 Access to Information .......................................................................................... 21

Section 9: General ............................................................................................................ 21

9.1 Commitment to Accessibility ................................................................................ 21

9.2 Procurement Training........................................................................................... 21

9.3 Monitoring, Reporting and Non-Compliance ........................................................ 22

9.4 Review of Procurement Policy and Procedures ................................................... 22

Appendix 1 – Applicable Laws, Trade Agreements and Regulations ................................ 23

Appendix 2 – Exceptions ................................................................................................... 24

Appendix 3 – Circumstances for Non-Standard Procurement ........................................... 26

Appendix 4 – Delegated Authorities .................................................................................. 28

Appendix 5 – Competitive Procurement Procedures ........................................................ 29

Appendix 6 – Delegation of Authority Form ....................................................................... 37

Appendix 7 – Procurement Notification Form .................................................................... 39

Appendix 8 – Record of Bid Opening ................................................................................ 40

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Section 1: Purpose and Principles 1.1 Purpose This Policy is intended to:

(a) Express the Municipality’s principles and objectives in relation to its procurement program;

(b) Describe the roles, responsibilities and authorities of the Municipality’s employees, officers and elected officials in carrying out the Municipality’s procurement operations;

(c) Authorize the CAO or Director of Finance and Administrative Services (Treasurer) to implement detailed procurement procedures and protocols that are consistent with the intent of this Procurement Policy and, to supplement and amend those procedures and protocols as and when deemed necessary, to meet the present and future needs of the Municipality; and

(d) Comply with the requirements of Section 270 of the Municipal Act, S.O., 2001, as amended from time to time.

1.2 Principles Procurement is the process by which the Municipality acquires Goods and Services. Effective procurement is a critical support function for local governments as they responsibly manage public funds. The objective of this Procurement Policy is to ensure that the Municipality conducts Procurement Processes that conform to the following principles:

(a) Compliance with all applicable laws, regulations, by-laws, policies and trade agreements as further set out in this Procurement Policy;

(b) Consistency with other Municipal by-laws, policies and procedures; (c) Open, fair and transparent procurement that affords equal access to all qualified

suppliers; (d) Reciprocal non-discrimination and geographic neutrality with respect to Ontario’s

trading partners; (e) Achieving best value for the Municipality for the expenditure of public funds

through consideration of each Solicitation Document type, Procurement Process method and the adoption of Commercially Reasonable Business Practices;

(f) Effective balance between accountability and efficiency; and (g) Ensuring adherence to the highest standards of ethical conduct, including

compliance with the Municipality’s Conflict of Interest Policy. Section 2: Interpretation and Application 2.1 Defined Terms The following definitions apply in this Procurement Policy:

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(a) Award – the acceptance of a Bid by the Municipality;

(b) Bid - a submission in response to a Solicitation Document;

(c) Bidder - a supplier that submits a Bid;

(d) Chief Administrative Officer (CAO) - the Municipality’s administrator;

(e) Commercially Reasonable Business Practices - refers to efforts or practices that Municipal Government would generally regard as sufficient to constitute reasonable efforts under the circumstances and what can be done should be done, in the context and purpose of the contract;

(f) Competitive Process -either an Open Competition or an Invitational Competition;

(g) Competitive Procurement Project - a Procurement Project conducted through a

Competitive Process;

(h) Competitive Procurement Procedures - the Municipality’s procedures for conducting Competitive Procurement Projects, as developed, maintained and updated by the Director of Finance and Administrative Services (Treasurer);

(i) Conflict of Interest - any action, decision or recommendation by a Municipal Representative where the effect of which could be to the private pecuniary benefit or detriment of the Municipal Representative or the Municipal Representative’s Family;

(j) Council - the Council of the Corporation of the Municipality of Brighton;

(k) Department - one of the Municipality’s business units, departments or divisions;

(l) Department Head - the head of any Municipal Department and includes a manager,

director or administrator; (m) Direct Award (a.k.a. ‘single source’ or ‘sole source’ awards) - Goods and Services

acquired directly from a particular supplier without conducting a Competitive Process when an Invitational Competition or an Open Competition would normally be required ;

(n) Director of Finance and Administrative Services (Treasurer) - the head of the Municipality’s Finance Department;

(o) Emergency Purchase - a situation where the purchase of Goods and Services was

necessary because of an immediate risk to the safety or health of Municipal employees or the general public or because of the possibility of serious damage to Municipal or private property, as approved at the appropriate approval level set out in section 6.4.2;

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(p) Formal Quote – written and documented submission by the Bidder for purchases with

a value of between $5,000 and $25,000 issued as a Request for Quotes (RFQ);

(q) Goods and Services – products and labour that are bought and sold in an economy, including construction contracts;

(r) Highest Scoring Bidder – the respondent to a Solicitation Document who scored with the most points out of 100 by the Review Team using a pre-established matrix;

(s) Informal Quote – telephone, fax or email quotes for Low Cost Purchases;

(t) In-House Bid – means a bid made by a Department, submitted in response to a

Solicitation Document where the provision of the Goods and Services will be provided by a Municipal Representative;

(u) Invitational Competition - a process initiated by way of an invitation to at least

three suppliers to submit Bids;

(v) Low Cost Purchase - the purchase of Goods and Services with a procurement value of less than $25,000;

(w) Low Cost Purchase Procedures - the Municipality’s procedures for making Low

Cost Purchases, as set out in section 5.1.1 of this Policy;

(x) Municipal Representative – an employee or elected official of the Municipality;

(y) Municipal Representative’s Family – the spouse or domestic partner, parents, grandparents, children, grandchildren and siblings of a Municipal Representative;

(z) Municipality - The Corporation of the Municipality of Brighton;

(aa) Open Competition - a process initiated by way of a publicly posted Solicitation Document;

(bb) Procurement Process – a streamlined purchasing practice that ensures competitive value and quality for Goods and Services;

(cc) Procurement Project - any purchase of Goods and Services by one of the

Municipality’s Departments, including Competitive Procurement Projects and Direct Awards;

(dd) Prohibited Communications – contacting any member of Municipal staff or Council other than the individual named on the Solicitation Document;

(ee) Qualified Supplier Roster - a list of suppliers that have participated in and

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successfully met the requirements of a Request for Supplier Qualifications (RFSQ), and have been pre-qualified to compete for discrete work assignments involving the delivery of a particular type of Goods and Services that may be required during the term of the Roster. May also be suppliers that have been approved on a Qualified Supplier Roster by The County of Northumberland;

(ff) Request for Proposal (RFP) - a formal document that solicits responses for procurement of a commodity, service, or valuable asset, to potential suppliers to submit business proposals;

(gg) Request for Quotes (RFQ) – a formal document that solicits responses for procurement of a commodity, service, or valuable asset, to potential suppliers to submit quotations;

(hh) Request for Tender (RFQ) – a formal document that solicits responses for a specified scope and quantity of Goods and/or Services to potential suppliers to submit bids;

(ii) Review Team – Municipal staff and/or consultants that are selected by the Department Head to review and score technical requirements for all Bids received in response to a Solicitation Document;

(jj) Roster Competition - an expedited form of competition between suppliers that have

been included on a Qualified Supplier Roster by The Municipality of Brighton or The County of Northumberland;

(kk) Solicitation Document - the document used to solicit Bids from Bidders, including

a Request for Tender (RFT)/Invitation to Tender (ITT); a Request for Proposal (RFP); a Request of Quotations (RFQ); or a Request for Supplier Qualification (RFSQ);

(ll) Standing Offer - a contractual commitment for a defined term, usually in the form of

an annual purchase award, between the Municipality and a selected supplier for the supply of particular Goods and Services, as requested through an ordering process, at a predetermined price or discount;

(mm) Successful Bid(der) – the highest scoring response to a Solicitation Document that would provide the Municipality with the desired Goods and Services at the optimal value, considering all parameters relevant to the Bid;

(nn) Supply Arrangement - an established arrangement with suppliers that have been pre-qualified to provide particular Goods and Services to the Municipality during a specified period of time. Such arrangements include Standing Offers and Qualified Supplier Rosters;

(oo) Tender – a formal document that solicits responses for the provision of specific Goods and Services at a stated price;

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(pp) Unsuccessful Bid(der) – a response to a Solicitation Document that was not

selected to provide the Municipality with the Goods and Services. 2.2 Application This Procurement Policy applies to the purchase of all Goods and Services except those items set out in Appendix 2.

2.3 Procurement Value In order to ensure that Procurement Projects are conducted in accordance with this Policy, it is important to accurately estimate the value of the Procurement Project. The value of a Procurement Project will include all costs to the Municipality such as acquisition, maintenance, replacement, disposal, training, delivery, installation and extension options, but will exclude applicable sales taxes.

2.4 Contract Splitting Subdividing, splitting or otherwise structuring procurement requirements or contracts in order to reduce the procurement value or in any way circumvent the requirements or intent of this Procurement Policy is not permissible.

2.5 Cooperative Purchasing The Municipality may participate with other governments or public sector entities in cooperative purchasing ventures or joint contracts when it is in the best interests of the Municipality to do so. The cooperative Procurement Process may be conducted in accordance with the procurement policies and procedures of the entity that is responsible for coordinating and leading the process, provided that those policies and procedures are consistent with the Municipality’s obligations under applicable trade agreements and the principles set out in this Procurement Policy.

2.6 Purchasing Procedures and Protocols

In addition to the Procurement Policy, the Municipality has a number of procedures, protocols, forms and templates for use during the procurement cycle to assist Department Heads in achieving compliance with the Policy. Department Heads should confer with the Director of Finance and Administrative Services (Treasurer) to ensure that they have all the necessary, up-to-date tools for each stage of a Procurement Project. Section 3: Ethical Conduct and Conflicts of Interest 3.1 Municipality’s Conduct and Internal Conflicts of Interest

3.1.1 The Municipality must ensure that the management of all Procurement Projects is

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free from Conflicts of Interest. All participants in the Procurement Project (including procurement staff, involved members of the Department, and members of the Review Team) must ensure that they do not have a Conflict of Interest.

3.1.2 Elected officials within the Municipality must not have any direct or indirect involvement in any Procurement Project or decision outside of the required approvals set out in this Procurement Policy.

3.1.3 Personal purchases (which are purchases by an employee or elected official of the

Municipality, which are not for the benefit of the Municipality, but for the benefit and use of the requesting party) are prohibited. No Municipal Representative, committee member or member of a local board, volunteer firefighter, or their immediate family member may submit a Bid in response to a Solicitation Document.

3.1.4 Municipal employees shall review the Municipality’s Conflict of Interest Policy

(Policy HR 100) and shall ensure that all purchasing decisions and Procurement Projects are managed in accordance with this Policy and the Conflict of Interest Policy.

3.2 Suppliers’ Conduct and External Conflicts of Interest

3.2.1 All suppliers are required to declare, as part of their Bid in a Procurement Process, that there are no Conflicts of Interest or provide details of any actual or apparent Conflicts of Interest. Before issuing a Solicitation Document, Department Heads shall ensure that all procurement templates include appropriate Conflict of Interest language and written declaration requirements.

3.2.2 Where a supplier is retained to participate in the development of a Solicitation

Document, that supplier will not submit a Bid or directly or indirectly participate in the submission of any Bid in response to that Solicitation Document. While this restriction shall be deemed to apply to all Municipal Procurement Projects, it will be disclosed in the initial Procurement Process by which the supplier is retained.

3.2.3 The Municipality expects its suppliers to act with integrity and the Municipality may

refuse to do business with any supplier that:

(a) has a Conflict of Interest; (b) is known to have engaged in illegal or unethical bidding practices.

3.2.4 Illegal or unethical bidding practices include:

(a) bid-rigging, price-fixing, bribery or collusion or other behaviours or practices

prohibited by federal or provincial statutes; (b) attempting to gain favour or advantage by offering gifts or incentives to

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Municipal officers and employees, members of Council or any other representative of the Municipality;

(c) lobbying members of Council or Municipal officers and employees or engaging in any prohibited communications during a Procurement Process;

(d) submitting inaccurate or misleading information in response to a procurement opportunity; and

(e) engaging in any other activity that compromises the Municipality’s ability to run a fair Procurement Process.

Section 4: Roles and Responsibilities In accordance with best practices in municipal procurement, Council recognizes the need for a clear separation of political and administrative functions in relation to the Municipality’s procurement operations. 4.1 The Role of Council

4.1.1 It is the role of Council to establish policy and to approve expenditures through the Municipality’s budget approval process. Through this Policy, Council delegates to the Municipality’s employees the authority to incur expenditures in accordance with approved budgets through the procurement of Goods and Services in accordance with the rules and processes set out in this Policy.

4.1.2 To facilitate Council’s oversight role in respect of significant projects, Council may

require Department Heads to obtain Council’s authority to initiate specific procurements by identifying procurement projects of interest such as procurements that are of a high value or involve significant risk, security concerns or community interest.

4.1.3 To avoid the potential appearance of bias or political influence in procurement

contract award decisions, members of Council will have no involvement in Procurement Processes, except where Council is required to approve the contract award in accordance with Section 6.3 of this Policy.

4.2 Roles and Responsibilities of Municipal Officers and Employees The roles and responsibilities of Municipal officers and employees are as follows:

4.2.1 Department Head:

(a) Identifies the need or requirement to be satisfied through a Procurement

Project; (b) Builds a Procurement Project through the appropriate Solicitation Document

and obtains appropriate approval prior to proceeding to market; (c) Develops or identifies an approved funding source; (d) Determines first if there are internal sources of supply or existing supply

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arrangements through consultation with the Director of Finance and Administrative Services (Treasurer);

(e) Researches and understands external market conditions and potential sources of supply;

(f) Authorizes purchases that are within their delegated authority as set out in this Policy;

(g) Ensures employees involved in Procurement Projects have appropriate training;

(h) Attends Bid Openings, as required; (i) Ensures Department compliance with all procurement policy guidelines,

applicable laws, trade agreements and regulations; (j) Keeps the Procurement Project record for their Department, and; (k) Supports the promotion of compliance with this Policy and of sound

procurement practices and the education and training to employees involved in Procurement Projects.

4.2.2 Director of Finance and Administrative Services (Treasurer):

(a) Researches, develops, updates and communicates corporate purchasing policies, procedures, guidelines and standards;

(b) Provides oversight of the Procurement Process; (c) Advises staff on policies, regulations and legislation affecting procurement; (d) Provides appropriate orientation, training and tools to employees involved in

procurement; (e) Advises on Competitive Procurement Projects; (f) Monitors compliance across the organization and reporting on performance to

the CAO and Department Heads; (g) Ensures proper internal controls including segregation of duties; and (h) Attends Bid Openings, as required.

4.2.3 Chief Administrative Officer:

(a) Approves purchases per the Delegation of Authority; (b) Attends Bid Openings, as required; and (c) Provides oversight of the Procurement Process.

4.2.4 Finance Department:

(a) Processes of all payments to vendors; and (b) Monitors established internal controls for the Procurement Process.

4.2.5 Municipal Clerk or Deputy Clerk:

(a) Receives all Bid Responses; (b) Attends Bid Openings (c) Organizes Bid Opening venue, time, date and invitations to appropriate Staff; and

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(d) Records all Bids including company name and price before HST.

4.2.6 Council:

a) Approves Procurement Policy; b) Approves Budget for Capital/Operating expenditures; c) Approves Qualified Supplier Roster; and d) Approves purchases valued at $100,000.00 or greater in accordance with

Appendix 4. 4.3 Roles and Responsibilities of Committees of Council:

(a) Work within their approved Budget when recommending purchasing by

resolution, as a Committee; (b) Assist staff by providing requirements of the procurement so that supporting

staff can purchase through the appropriate Procurement Process and Delegation of Authority;

Section 5: Procurement Methods

5.1 Standard Procurement A Standard Procurement is the acquisition of Goods and Services through the applicable process described in this Section. All Standard Procurement Processes must be approved, conducted and reported in accordance with this Policy and all applicable procedures and protocols. 5.1.1 Low Cost Purchase

(a) Purchases up to $1,000

Departments may acquire Goods and Services with a procurement value of less than $1,000, in accordance with this Section and the Municipality’s Low-Cost Purchase Procedure. The Department Head may authorize specific employees within the Department to make Low Cost Purchases. Low Cost Purchases includes the use of Departmental Petty Cash, as assigned by the Director of Finance and Administrative Services (Treasurer). Petty Cash shall be managed in accordance with the Cash Handling Policy. The Department Head is responsible and accountable for Low Cost Purchases and must sign each payment voucher or invoice for employees who do not have delegated authority under Appendix 4.

(b) Purchases $1,000 and over But Under $5,000

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A Competitive Process is required for purchases over $1,000 but under $5,000. Informal quotes must be received and documented.

(c) Purchases $5,000 and over But Under $25,000

For the purchase of Goods and Services with a procurement value of $5,000 or over but under $25,000, the Department Head must obtain at least three (3) documented Formal Quotes from qualified suppliers. Quotations may be solicited by fax or email. Verbal quotes are not accepted. (d) Purchases over $25,000: Refer to section 5.1.3 - Competitive Process

5.1.2 Supply Arrangement

The Municipality may enter into Supply Arrangements with one or more supplier(s) for the supply of particular Goods and Services.

(a) Purchasing Under Existing Supply Arrangements

It is the responsibility of the Department Head to determine if there is an existing Supply Arrangement for the required Goods and Services before making a purchase. When the required Goods and Services are available under an existing Standing Offer through a signed Agreement with the Municipality, the Department Head shall purchase the Goods and Services the through the established ordering process.

When a Qualified Supplier Roster has been established for the required Goods and Services, the Goods and Services shall be purchased through a Roster Competition. The Department Head may refer to a Qualified Supplier Roster that has been approved by the Municipality or The County of Northumberland.

(b) Establishment of Supply Arrangements

A Department Head may consider establishing a Supply Arrangement for Goods and Services that are required on a regular or repetitive basis by one or more Departments. If a Department Head anticipates making multiple purchases of the same Goods and Services and the total value of those purchases may exceed $25,000, the Department Head must consider the possibility of establishing a Standing Offer. Supply Arrangements are established through a Competitive Process managed

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by the Department Head and conducted in accordance with the Municipality’s Competitive Procurement Process.

5.1.3 Competitive Procurement Process

Goods and Services with a procurement value of $25,000 or over must be conducted in accordance with the Municipality’s Competitive Procurement Procedures. Competitive Procurement Projects involve a multi-stage procurement cycle and the roles and responsibilities of those involved in the various stages of a Procurement Project are described in detail in the Municipality’s Competitive Procurement Procedures.

(a) Invitational Competition

For the purchase of Goods and Services at valued at$1,000 or over but under $5,000, the Department Head may conduct an Invitational Competition by issuing a Solicitation Document to at least three (3) qualified suppliers. (b) Open Competition

Where the Procurement Project is particularly complex or the market conditions warrant it, the Department Head, at his or her sole discretion, may determine that an Open Competition should be conducted. For the purchase of Goods and Services valued at $25,000 or over, Department Heads must conduct an Open Competition that involves the public posting of a Solicitation Document on the Municipality’s website. Each Bid posting shall include the title of the item to be purchased and the departmental control number (e.g. RFP PW 2019-01).

5.2 Non-Standard Procurement A Non-Standard Procurement is the acquisition of Goods and Services through a process or method other than the process and method normally required for the type and value of the required Goods and Services. The use of a non-standard Procurement Process is only permitted under the specific circumstances set out in Appendix 3 of this Policy. All non-standard Procurement Processes must be undertaken in accordance with this Policy and any applicable procedures and protocols. In seeking approval from the Chief Administrative Officer for a non-standard procurement, the Department Head shall provide full details to explain why the Procurement Project fits into one or more of the circumstances under Appendix 3. Non-Standard Procurement Processes include:

(a) Direct Awards Goods and Services are acquired directly from a particular supplier without conducting a Competitive Process when an Invitational Competition or an Open

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Competition would normally be required.

(b) Limited Competition Bids are solicited from a limited number of suppliers when an Open Competition would normally be required.

5.3 In-House Bids

The acceptance and award of In-House Bids is not permitted. All Bids must follow the appropriate Procurement Process.

5.4 Unsolicited Proposals

All unsolicited proposals, including any offers for presentations or product/service trials submitted to the Municipality with the expectation on the part of the submitter of obtaining consideration for an ensuing contract or purchase by the Municipality will not be considered. In the event that an actual Goods and Services product presentation or demonstration would be required in advance of a purchase decision, such presentation or demonstration shall be included as part of the formal competitive Bid process.

Section 6: Procurement Approvals and Delegated Authorities 6.1 Delegated Authorities for Procurement

Delegated Authorities initiate procurement and approve a contract award based on the approval limits set out in Appendix 4 of this Policy. The CAO, Mayor, Deputy Mayor, Municipal Clerk and Director of Finance and Administrative Services (Treasurer) have the authority to bind the Corporation and are authorized to commit the Municipality to a contract through the execution of a legal Agreement.

All legal Agreements with a value over $100,000 must be authorized by by-law prior to being signed, except employment contracts. Employment Contracts are authorized by the Chief Administrative Officer.

6.2 Conditions of Delegated Authorities

The Delegated Authorities for procurement are subject to the following conditions:

(a) No contract award may be approved unless funded within the Council approved budget and the Procurement Process was conducted in accordance with this Policy.

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6.3 Council Approval

Council approval for the award of a contract is required if:

(a) the procurement value exceeds the approval limits of Delegated Authorities set out in Appendix 4 of this Policy;

(b) any of the conditions of delegated procurement authorities as set out in section

6.2 of this By- law have not been met; or

(c) there is an irregularity or unresolved challenge in connection with the Procurement Project and, in the opinion of the CAO, the award of the contract is likely to expose the Municipality to significant legal or financial risk.

6.4 Emergency Purchases

6.4.1 Circumstances

Notwithstanding any other provisions of this Policy, Goods and Services may be purchased on an emergency basis if time does not permit the use of a standard Procurement Process due to an unforeseeable situation or event that is a threat to any of the following:

(a) Public health and/or safety;

(b) The maintenance of essential Municipal services or to prevent the disruption

of essential Municipal services;

(c) The welfare of persons or of public property; or

(d) The security of the Municipality’s property.

6.4.2 Approval

Emergency Purchases must be approved as follows:

(a) The Department Head shall define the nature of the emergency and the process to address the situation or event;

(b) Approval limits for Emergency Purchases shall be within the Delegated Authority as defined in Appendix 4;

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6.4.3 Reporting

Within 30 days after the emergency situation has been addressed, the Department Head must prepare a report setting out the circumstances giving rise to the Emergency Purchase, the total value of the Emergency Purchase and the supplier selected to provide the necessary Goods and Services and must submit a report setting out the business case as follows:

Emergency Purchase Report Procurement value of $5,000 up to $50,000

Submit report to Chief Administrative Officer and copy the Director of Finance and Administrative Services (Treasurer)

Procurement value valued at $50,000 or greater

Submit report to Council

Section 7: Supplier Relations and Contract Management 7.1 Procurement Notification

The Department Head is responsible for sending out notification letters to Unsuccessful Bidders informing them that they were not selected.

Within 72 hours of the contract award, the responsible Department Head shall post the notice of award on the Municipal website’s Bids and Tenders page, using the Procurement Notification Form found in Appendix 7. This notice must remain readily accessible on the Municipal website for 60 days.

7.2 Debriefings

Unsuccessful Bidders may request a debriefing. If a debriefing is requested, it shall be limited to the requesting Bidder’s submission and not disclose any information related to other Bidder’s pricing or scores.

7.3 Bid Protest Procedure

Unsuccessful Bidders may formally protest the outcome of a Procurement Project. In order to avail itself of the Municipality’s Bid protest procedure, the Bidder must first request and receive a debriefing. If the Bidder still wishes to challenge the outcome of the Procurement Project, they must formally protest the outcome in writing to the Department Head. The Department Head must respond in a timely fashion with a schedule to address the Bidder’s concerns. The appropriate Department Head and the CAO and/or the Director of Finance and Administrative Services (Treasurer) shall

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attend any Bid protest meeting. 7.4 Contract Management

Once the contract has been signed, it is essential that it be properly managed. Department Heads are responsible for all aspects of contract management using the following principles:

7.4.1 Scope Management

The scope of each contract must be appropriately managed to ensure that all deliverables are properly received, payments are appropriately made, all timelines are met, and any extension options are appropriately exercised.

7.4.2 Payments to Suppliers

Department Heads are responsible for ensuring that all payments are made in accordance with the contract, and reviewing and approving supplier invoices.

7.4.3 Scope Changes and Contract Amendments

Scope changes and contract amendments may become necessary due to unforeseen events. These scope changes are to be managed prudently to ensure that overages are tracked, and proper approvals occur for the project duration:

(a) The supplier shall submit a change order request including rationale, cost

and timing implications; (b) The change order shall be approved by the Department Head prior to

commencement of the work; (c) The change shall be funded within an approved budget or approved by

Council; (d) The amendment of the contract shall be approved in accordance with the

approval limits set out in Appendix 4 of this Policy; and (e) If the amendment results in an increase of greater than 10% of the original

contract value and is still within an approved budget, the amendment must have the additional approval of the Director of Finance and Administrative Services (Treasurer) and the CAO.

7.4.4 Contract Disputes

All potential contract disputes with suppliers must be managed in accordance with the dispute resolution mechanisms outlined in the contract. Where a contract is silent on dispute resolution, Department Heads shall ensure that potential disputes are proactively managed and appropriately escalated. Written copies of all communications and correspondence with suppliers concerning a contract

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dispute must be maintained by the Department.

7.4.5 Performance Tracking

Department Heads must also ensure that the performance of all suppliers is appropriately monitored including maintaining records of any performance issues, corresponding with or providing notifications to suppliers, and ensuring that performance problems are addressed quickly and effectively. A written record shall be kept by the Department Head of all matters connected with performance tracking – which is essential to proper contract management.

7.4.6 Termination

A contract can only be terminated prior to its expiry date in accordance with the termination provisions of the contract, and with the approval of the CAO.

7.4.7 Supplier Barring

Suppliers may be barred from future contracts with the Municipality through legal consultation. The list of barred suppliers will be maintained by The Director of Finance and Administrative Services (Treasurer).

Section 8: Records, Confidentiality and Access to Information 8.1 Records Retention

The Department Head shall maintain proper documentation for all stages of the Procurement Project in accordance with the Municipality’s Records Management Program Policy.

Department Heads are responsible for ensuring that all documentation relating to the Procurement Project is properly filed in the Procurement Project file, regardless of the Procurement Project value. The following shall be kept in each Procurement Project file:

(a) Original copies of final Solicitation Documents;

(b) Copies of the Procurement Project plan, together with evidence of all necessary conditional approvals;

(c) If using an Invitational Process, evidence of quotations obtained from suppliers (e.g., copies of emails, written submissions);

(d) Records of communications with Bidders or potential Bidders

(e) Copies of addenda;

(f) Original copies of Bids received from Bidders (including amendments to Bids);

(g) Records of evaluation processes, including evaluator notes and final scores;

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(h) Copy of the Delegation of Authority Form (Appendix 6) with required approvals, if required;

(i) Copies of debriefing or Bid protest procedure requests and outcomes; and

(j) Council Resolutions if required

8.2 Confidentiality

Bidder and supplier information submitted to the Municipality shall be kept confidential by all Municipal staff. Department Heads shall ensure that all Bids and contracts are kept in a secure location and only accessible by those employees directly involved with the Procurement Project.

8.3 Access to Information

Procurement records shall be retained in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any requests from the public for information shall be directed to the Municipal Clerk.

Section 9: General 9.1 Commitment to Accessibility

When procuring Goods and Services, the Municipality will incorporate accessibility criteria and features.

The Accessibility Advisory Committee shall review building construction plans in accordance with the Committee’s Terms of Reference.

Where applicable, procurement documents will specify the desired accessibility criteria to be met and provide guidelines for the evaluation of proposals in respect to those criteria. Where impractical for the Municipality to incorporate accessibility criteria and features when procuring or acquiring Goods and Services, the Procurement Project Department Head will provide a written explanation, upon request.

9.2 Procurement Training

The Director of Finance and Administrative Services (Treasurer), in consultation with Department Heads, will provide orientation and training as required to Municipal employees involved in procurement activities. Department Heads are to ensure that employees involved in procurement activities have the appropriate training and notify the Director of Finance and Administrative Services (Treasurer) when new employees are hired or there are changes in duties affecting current staff.

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9.3 Monitoring, Reporting and Non-Compliance

Municipal employees must adhere to the Municipality’s Procurement Policy and procurement processes. Department Heads are responsible for ensuring compliance. The Director of Finance and Administrative Services (Treasurer) is responsible for monitoring compliance across the organization, including conducting spot audits of Procurement Projects managed directly by Departments, and reporting any irregularities to the CAO.

9.4 Review of Procurement Policy and Procedures

The Director of Finance and Administrative Services (Treasurer) undertake a comprehensive review of this Policy every (5) years and report to Council through the CAO accordingly. The review of purchasing processes shall be conducted on an ongoing basis. The Auditor shall review Appendix 4, Delegated Authorities annually as part of the audit process.

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Appendix 1 – Applicable Laws, Trade Agreements and Regulations

1. Procurement activities at the Municipality must be conducted in accordance with all laws, regulations and standards, including, but not limited to:

• Income Tax Act and Regulations

• Excise Tax Act and Regulations

• Occupational Health and Safety Act and Regulations

• Worker’s Compensation Act and Regulations

• Municipal Freedom of Information and Protection of Privacy Act and Regulations

• Municipal Act and Regulations

• Competition Act and Regulations

• Accessibility for Ontarians with Disabilities Act and Regulations

• Municipal By-laws, Council policies and administrative procedures and protocols

2. Procurement activities at the Municipality must comply with all applicable trade agreements, including:

• Canadian Free Trade Agreement (CFTA) – all Provinces and Territories; • Canadian-European Union Comprehensive Economic Trade Agreement (CETA);

• Ontario and Quebec Trade Cooperation Agreement – Ontario and Quebec; and

• any future Trade Agreements that are applicable to the Municipality.

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Appendix 2 – Exceptions 1.0 This Policy does not apply to the acquisition of the following Goods and

Services: (a) Goods and Services, the supply of which is controlled by a statutory monopoly;

(b) Work to be performed on property under the provisions of a lease, warranty or

guarantee held in respect of the property or the original work; (c) Goods and Services purchased from:

• government entities or public bodies; • persons with disabilities; or • philanthropic institutions;

(d) Goods and Services related to training and education, including:

• conferences, conventions, courses and seminars; • newspapers, magazines, books and periodicals; • memberships; or • computer software for educational purposes;

(e) Services that may only be provided by the following licensed professionals:

• medical doctors; • lawyers; or • notaries;

(f) The following specialized Goods and Services:

• financial, banking and underwriting services; • expert witnesses; • arbitrators; • external auditors; • utility relocates by a public utility; • railway crossings; • postage; • original artwork; or • goods intended for resale to the public;

2.0 This Policy does not apply to payment of the Municipality’s general expenses,

such as:

• Refundable employee expenses (advances, meal allowances, travel, miscellaneous);

• Payroll deduction remittances; • Workers Safety Insurance Board payments;

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• Health benefits; • Tax remittances; • Debenture payments; • Insurance premiums; • Damage claims; • Legal settlements; • Arbitration awards; • Petty cash replenishment; • Charges to and from Area Municipalities and other government bodies; • Council approved grants; • Refunds (such as property tax refunds, water billing refunds, building deposit

refunds, water deposit refunds and refunds for cancelled services, programs or events);

• Licensing fees, including vehicles, etc.; • Utility’s (such as water and sewer, hydro, natural gas, telecommunications and

cable television);

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Appendix 3 – Circumstances for Non-Standard Procurement Goods and Services may only be acquired through a non-standard Procurement Process under the circumstances describe below. The Delegated Authorities, as outlined in Appendix 4 applies to Non-Standard Procurement.

1.0 For all Procurement Projects with a procurement value of $25,000 or greater: (a) Where Goods and Services regarding matters of a confidential or privileged nature

are to be purchased and the disclosure of those matters through a Competitive Process could reasonably be expected to compromise confidentiality, cause economic disruption or otherwise be contrary to the public interest.

(b) Where no Bids are received in response to a Competitive Process conducted in

accordance with this Policy. (c) To ensure compatibility with existing goods and products, to recognize exclusive

rights, such as exclusive licenses, copyright and patent rights or to maintain specialized products that must be maintained by the manufacturer or its representative.

(d) Where there is an absence of competition for technical reasons and the Goods

and Services can only be supplied by one particular supplier and no alternative or substitute exists.

(e) For the purchase of goods under exceptionally advantageous circumstances such

as bankruptcy or receivership, but not for routine purchases. (f) For the procurement of a prototype of a first Good or Service to be developed in

the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases.

(g) For a contract to be awarded to the winner of a design contest.

2.0 For Procurement Projects with a procurement value of less than $25,000: (a) Under any of the circumstances described in paragraph 1.0 above.

(b) For procurement of Goods and Services related to cultural or artistic fields, such

as entertainment for special events. (c) For additional deliveries by the original supplier of Goods and Services that were

not included in the initial procurement where a change of supplier for such additional Goods and Services:

• cannot be made for economic or technical reasons such as requirements of

interchangeability or interoperability with existing equipment, software, services

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or installations procured under the initial procurement; or • would cause significant inconvenience or substantial duplication of costs for the

procuring entity.

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Appendix 4 – Delegated Authorities

Department Position Up to 100k

Up to 25K

Up to 10K

Up to 5K

Corporate Chief Administrative Officer

X

Finance Director/Treasurer X

Public Works Director X

Clerk Municipal Clerk X

Fire Fire Chief X

Parks and Recreation

Director X

Planning Director X

Public Works Manager of Capital Infrastructure

X

Public Works Supervisors X

The value of procurement approved above is the value up to but not including the stated value limit. For example: the Chief Administrative Officer may approve a project that has a value of up to, but not including $100,000.00. Guidelines to Delegation of Authority Matrix

1. The authority is granted based on the need of each position.

2. Approvals limits are on a per transaction basis.

3. Limits are the maximum value of a transaction.

4. The authority to initiate a Procurement Process is based on the estimated procurement value. The authority to approve a contract award is based on the actual procurement value before taxes.

5. Transactions can only be approved within the Council approved budget.

6. Procurements with a value of $100,000 or greater require Council approval.

7. Contracts may only be executed by the Mayor or Deputy Mayor and the Clerk,

Deputy Clerk, Chief Administrative Officer or the Director of Finance and Administrative Services (Treasurer).

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Appendix 5 – Competitive Procurement Procedures 1.0 Solicitation Document 1.1 The Solicitation Document and specifications shall be prepared by the Department

Head or his/her designate using standard documentation. All Solicitation Document packages must be approved by the Department Head prior to release to the public.

1.2 All Solicitation Documents will clearly define any pre-qualification system and any

evaluation or scoring system to be used. 1.3 Solicitation Documents prepared by outside sources, i.e. Consultants must be

reviewed by the Department Head for compliance with the Municipality’s Policies and Procedures before release to the public.

2.0 Health and Safety

2.1 Prior to calling a Bid, all health and safety considerations shall be addressed.

2.2 Contractors providing Goods and Services to the Municipality must comply with

and be held accountable for meeting the requirements of the Occupational Health and Safety Act.

2.3 The Municipality’s Health & Safety Policy requirements, as provided by the

Municipality’s Health & Safety Committees, may be included as part of each Solicitation Document package.

3.0 Provincial Requirements: 3.1 The successful proponent will be required to show proof of registration with the

WSIB and compliance with the Provincial Retail Sales Tax requirements before the final awarding of the contract takes place.

4.0 Proof of Certification and Insurance: 4.1 The successful proponent must provide the Municipality with a certificate of

insurance showing a liability coverage equivalent to the amount of insurance requested in any Tender, RFP or RFQ of at least two million dollars or an amount as stipulated by the Municipality. The Municipality reserves the right to collect any other proof of licensing or certification as deemed necessary.

5.0 Calling of Bids 5.1 The calling of Bids shall be the responsibility of the Department Head.

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5.2 Bids shall be advertised on the Municipal website’s Bids and Tenders page and may be advertised in local papers and/or major trade publications. This may be varied at the discretion of the responsible Department Head.

5.3 Advertisements for Bids that appear in the local paper will refer the reader to the

Municipal website’s Bids and Tenders page, and will appear with sufficient time between advertising and closing to permit the respondents to obtain the Solicitation Documents, examine the site if applicable, complete and submit the response. It is recommended that at least two weeks be permitted for a Tender or Proposal submission after the advertisement has been published. All Solicitation Documents will be added to the website under the Bids and Tenders page.

5.4 A numbering and tracking system shall be maintained by the Municipality for

Solicitation Documents issued. Each Department Head shall assign the Project number in accordance with the determined protocol (e.g. RFP PW 2019-01 or Tender REC 2019-01).

5.5 When it becomes necessary to revise, delete, substitute or add to the Solicitation

Document for an open Bid, the Department Head shall approve the issuance of an addendum.

5.6 A copy of each addendum shall be forwarded by email, by the Department Head

or his/her designate, to all persons who registered for Solicitation Documents under the Bid, and a copy shall be attached to all undistributed Solicitation Documents. Additionally, addendum will be added to the Municipal website’s Bids and Tenders page.

5.7 When a Bid is received, the envelope shall be date and time stamped and initialed

by the Municipal Clerk or Deputy Clerk. 5.8 All responses received by the Municipal Clerk shall be kept in a safe and secure

location. 5.9 Responses will not be unsealed until the official Bid Opening date and time. 5.10 The number of Bids received, and the names of Bidders are confidential, and shall

not be divulged prior to the Bid Opening. 5.11 Late Bids (those received after the Bid has closed) shall be date and time stamped

and initialed by the receiver. The Bid shall then be returned to the Bidder unopened. Those Bids returned by mail must be accompanied by a covering letter stating that the bid could not be accepted due to late arrival. The return of late Bids will be the responsibility of the Municipal Clerk.

5.12 If any of the above noted requirements are not fulfilled, the Bid submission must

be rejected.

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6.0 Withdrawal of Response to Solicitation Document: 6.1 A Bidder who has submitted a response to a Solicitation Document may request

that the Bid be withdrawn. Adjustments or corrections to a Bid already submitted will not be allowed. The withdrawal will be allowed if the request is made by e-mail directly to the Department Head or his/her designate before the closing time. Telephone requests shall not be considered. The withdrawal shall be confirmed by the Department Head through e-mail.

6.2 When a withdrawal request is made in person, the requester shall sign a

withdrawal form confirming the request. When requests are made by mail, fax or e-mail, they shall be confirmed by the same method prior to acceptance.

6.3 Bids confirmed as withdrawn prior to closing time shall be returned unopened. 6.4 The withdrawal of a Bid does not disqualify a Bidder from submitting another

response on the same contract. 6.5 Withdrawal requests received after the Bid closing time will not be allowed. 7.0 Bid Opening: 7.1 Bid Openings shall take place as soon as practical after the closing time. 7.2 Bid Openings shall be conducted in public by the Municipal Clerk and the

Department Head who issued the Solicitation Document. 7.3 If required information is NOT found enclosed with a response, or if items are

missing from the Bid document (e.g. the Bid deposit cheque), the response shall be considered to be an “Incomplete Bid”. Acceptance or Rejection of the Bid shall be determined through the table in 8.2 of this Appendix.

7.4 When Bids have been opened and sorted, the Municipal Clerk or his/her designate

shall check the number of responses opened to ensure that all Bids received are accounted for. If a discrepancy occurs, the Bid Opening proceedings shall be delayed until all responses have been accounted for.

7.5 When all Bids have been accounted for, the Municipal Clerk or his/her designate

shall announce for each contract the contract name, number, the number of Bids received, the name of the Bidders and their total Bid amounts.

7.6 After the Bid amounts have been read, the Municipal Clerk or his/her designate

shall prepare, in order of Bid amount from low to high, a list of respondents, Bid amount, deposit cheque amount, and a notation if it is an Incomplete Bid.

7.7 When all responses for a Solicitation Document have been read out and the

Municipal Clerk or his/her designate has recorded the information, he/she shall

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close off the Record of Bid Opening (see Appendix 8) by drawing a diagonal line in the unused spaces under the information listed and sign the form.

7.8 During the reading out of responses, the Municipal Clerk or his/her designate,

shall check for more than one Bid under the same name. If two Bids for the same contract are received in the same Bidder’s name and are both properly submitted the lower Bid amount shall be considered the intended Bid and shall be processed in the normal manner.

7.9 Bid deposits, where required, shall be in the form of cash, money order, certified

cheque or approved letter of credit. The Director of Finance and Administrative Services (Treasurer) shall hold securities for safekeeping. Deposits shall be refunded, without interest, and securities shall be returned upon successful completion of the contract.

7.10 Following the Bid Opening, the Municipal Clerk shall return any responses and

deposit cheques that were withdrawn during the opening to the Bidder by regular mail or by hand, unless otherwise stated. If a response and deposit cheque are returned by hand, a letter acknowledging receipt must be signed by the Bidder.

8.0 Checking Responses: 8.1 All responses shall first be checked by the Department Head or his/her designate to

ensure that;

(a) The Bidder’s name and Bid amount shown on the Record of Bid Opening (Appendix 8) are correct;

(b) The Bid form is signed as necessary, sealed or witnessed; (c) The correct Bid form has been used; (d) Each Bid envelope is time and date stamped prior to the Solicitation Document

closing time; (e) The Bid deposit is sufficient and in an acceptable form; (f) Each item on the Bid has been costed; (g) All extensions and totals for each Bid are correct. If an extension or total is

incorrect, the checker shall cross out the incorrect figure, enter the correct figure in red and initial the entry. The checker shall initial each Bid adjacent to the total certifying that it has been checked and is correct;

(h) The Bid is free of restrictions or alterations; and (i) All other response requirements have been met.

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8.2 During the completion of preliminary checking procedures, Bidding Irregularities shall be noted on the Record of Bid Opening. This notation must clearly state the reason.

Irregularity Response 1. Late Bid Automatic Rejection. Not opened or read

publicly. Submission to be returned to submitter.

2. Unsealed Envelopes Automatic Rejection. Not opened or read publicly. Submission to be returned to submitter.

3. Insufficient Financial Security Automatic Rejection. 4. Bids not completed in non-

erasable ink. Bids not signed in non-erasable ink.

Automatic Rejection.

5. Incomplete Bids (Part bids – all items not Bid)

Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the incomplete item is trivial and insignificant

6. Qualified Bids (Bids that have been qualified or restricted by an attached statement)

Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the qualification or restriction is trivial and insignificant

7. Bids received on documents other than those provided by the Municipality.

Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the matter is trivial and insignificant

8. Bids contain Minor Obvious Clerical Errors.

Optional Rejection by the Municipality if, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the matter is trivial or insignificant. If not rejected, the Municipality may provide 48 hours to the bidder to correct and initial errors

9. Failure to execute Agreement to Bond (Performance Security) or Bonding Company signature is missing from the Agreement to Bond.


10. Failure to execute Bid Security (Financial Security)


11. Other Bid Security (Uncertified Cheques)


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12. Document Execution (Signature missing)


13. Erasures, Overwriting or Strikeouts which are not initialed:

a.) Uninitialed changes to the Bid Documents which are minor such as the Respondent’s address is amended by overwriting but not initialed.

Optional Rejection by the Municipality. The Municipality may provide 48 hours to initial.

b.) Unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals ARE consistent with the price, as amended.


c.) Unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals ARE NOT consistent with the price, as amended.


14. Documents, in which all necessary Addenda containing financial implications have not been acknowledged.


15. Failure to attend Mandatory Site Meeting


16. Other Minor Irregularities Department Heads and the Director of Finance and Administrative Services (Treasurer) shall have authority to waive minor irregularities, which they jointly consider, in their sole discretion to be minor.

17. Any Irregularity Despite the provisions herein contained, Council may waive any irregularity where it considers it to be in the best interest of the Municipality.

8.4 The Department Head or his/her designate shall prepare a recommendation to

Council to award to the Successful Bidder, if required under Appendix 4. 9.0 Bid Award: 9.1 For Bids valued at $100,000.00 or greater, Council shall review the recommendation

of the Department Head or his/her designate and make an award.

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9.2 Awards may be made to the lowest cost Bidder who has complied with the terms and conditions of the Solicitation Document, all other factors being equal. However, in addition to price, consideration of factors as set out below may result in the acceptance of a Bid other that the lowest cost Bid. Each Bid shall be scored by the Review Team on pre-established criteria to determine the Highest Scoring Bidder. These criteria shall be expressly contained in the Solicitation Document

(a) Ability and experience to perform in accordance with the Scope of Work defined

in the Solicitation Document (b) Financial and technical resources (c) Knowledge of the Municipality’s operations, systems and services (d) Compatibility with other Goods and Services of the Municipality (e) Any other factors, which may be set out in the Solicitation Document.

9.3 In the event that more than one Bidder has submitted a response in the same

amount, then the Bid to be accepted shall be decided by means of a draw. The names of the tied Bidders shall be placed in a container and the Bid to be awarded shall be drawn by the Municipal Clerk. The time and location of the draw shall be set by the Municipal Clerk and the Bidders shall be notified in order that they may be present.

9.4 Upon the award of the contract, the Department Head or his/her designate shall

immediately send a Notification of Acceptance to the Successful Bidder advising him/her that his/her Bid has been accepted and advising that documents will follow for execution from the appropriate Department Head or his/her designate.

9.5 When the contract has been prepared by the Department Head or his/her designate

and submitted to the contractor for execution, a copy must be sent to the Municipal Clerk. The Municipal Clerk will prepare a by-law for Council’s authorization of execution, when the contract value is $100,000.00 or greater. The contractor will be allowed ten (10) working days between the date of mailing the Agreement and the date the executed contract must be returned to the Department Head or his/her designate. The original signed Agreement will be forwarded to the Municipal Clerk for execution.

9.6 If the contract has been awarded and the Successful Bidder fails to provide a

contract bond, cash or other acceptable collateral within the specified time, the Department Head, or his/her designate, in consultation with the Director of Finance and Administrative Services (Treasurer) may grant additional time to fulfill the necessary requirements or may recommend one of the following:

a) That the contract shall be awarded to the Second Highest Scoring Bidder; b) That the contract shall be cancelled.

9.7 In either of the above cases, the deposit cheque of the Successful Bidder shall be

forfeited. If the contract is to be awarded to the Second Highest Scoring Bidder, his/her deposit cheque shall be retained until he/she has completed the contract to the satisfaction of the Department Head or his/her designate.

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9.8 If the Second Highest Scoring Bidder fails or declines to execute the contract if

awarded to him/her, his/her deposit shall also be forfeited. 10.0 Request for Supplier Qualifications (RFSQ) 10.1 The RFSQ is a process to pre-qualify suppliers to compete for discrete work

assignments involving the delivery of a particular type of Goods and Services that may be required during the term of a Qualified Supplier Roster. Suppliers that have been approved on a Qualified Supplier Roster by The County of Northumberland may also be eligible to compete for these discrete work assignments.

10.2 Qualified Supplier Rosters are approved in the same manner as single item

purchases, within the Delegated Authority as determined in Appendix 4. If the annual budgeted amount for particular Goods and Services exceeds the Delegated Authority for staff, the Qualified Supplier Roster shall be approved by Council.

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Appendix 6 – Delegation of Authority Form Date ____________________________________________ From____________________________________________ Report Recommendation I, _________________________________ approve under Delegation of Authority: To enter into an Agreement with_______________________________________

Name of Company for the quoted price of $_______________________, plus HST. Background The acquisition of the_____________________________________is part of the approved_________ budget submission. Quotations were requested and were received from the following vendors and are attached to this report.

Company Name:

Sub-total

HST

Total:

N/B – no Bid * Does not meet required specifications

Page 1 of 2

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Financial Statement: The purchase of the________________________________was part of the approved ________budget submission. Funds have been provided in the following accounts: G/L Budget $

Paid & Committed

$

Balance Available $ This Request $

Balance $ Certification of funds availability: ______________________________________________________________________ Director of Finance and Administration APPROVAL: Approved through Delegation of Authority: Procurement Policy, Appendix 4 ________________________________________________________________________Chief Administrative Officer **Supporting Documentation Attached

Page 2 of 2

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Appendix 7 – Procurement Notification Form


Bid Number _____________________ for the procurement of ___________________________________________________ closed on (date and time) _________________________________________________ The Bid was awarded on (date) _____________________________________________ The value of the Successful Bid is $______________________ Department Head Name Title

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Appendix 8 – Record of Bid Opening

Name of Solicitation Document (eg RFP PW 2019-01)

Description of Goods and Services

BIDDER NAME BID AMOUNT (before HST)

Opened by: Name of Clerk or Deputy Clerk ________________________________ Signature Name of Department Head ________________________________ Signature Date and Time of Bid Opening

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By-law No. 000-2019

Being a By-Law to Establish a Rural Broadband – Internet Committee

Whereas Section 5(3) of the Municipal Act, 2001, states that municipal

power, including a municipality's capacity, rights, powers and privileges, shall

be exercised by by-law, unless the municipality is specifically authorized to

do otherwise;

Now Therefore the Council of the Corporation of the Municipality of Brighton

hereby enacts as follows:

1) A Rural Broadband-Internet Committee is hereby established as per

the Terms of Reference as attached and which forms part of this by-law

as Schedule "A".

2) Any by-laws that do not conform to this by-law are hereby repealed.

3) This by-law shall come into force and take effect immediately upon the

final passing thereof.

Read a first, second and third time, and finally passed this 12th day of August

2019.

_______________________ _______________________


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RURAL BROADBAND – INTERNET COMMITTEE

TERMS OF REFERENCE

Schedule “A”

Purpose:

To advocate for broadband high-speed Internet coverage and functionality accessible

and

Improved in all rural areas of the Municipality of Brighton.

Mandate:

a) The Committee will be comprised of five (5) members. Three (3) members of

the

Community will be appointed to the Committee by Council. Two members of

Council

shall be appointed to the Committee.

b) A Chairperson and a Vice-Chairperson will be voted on during the first

Committee meeting.

c) A meeting schedule will be determined in the first quarter. There will be a

maximum of

four (4) meetings per annum.

d) All Committee meetings shall be open to the public. Agenda’s shall be

available to the public a minimum of twenty-four (24) hours in advance of the

meeting.

e) Quorum for meetings shall consist of a simple majority of the members of the

Committee. If there are less than half of the members present fifteen (15)

minutes after the time appointed for the commencement of the meeting, the

meeting will be rescheduled.

f) Minutes of each Committee meeting must be taken and recorded by an

appointed Secretary. Once approved, minutes must be made public.

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g) No formal decisions or debates are allowed through electronic means. All

correspondence and/or emails are to be circulated to all members of the

Committee.

h) Any requests for staff support must be approved by the Committee and

Communicated by the Chairperson to the CAO for approval.

i) To make recommendations to Council on Partnerships and Opportunities to

increase access to and increase the speeds for Internet Connectivity in

Brighton.

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By-Law No. 000-2019

Being a By-law to authorize the Corporation of the Municipality of

Brighton to enter into an agreement with Drain Bros Excavating Ltd.

_____________________________________________________________

Whereas, Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal

Council shall exercise its powers by By-law.

And Whereas, Section 9 of the Municipal Act 2001, as amended, provides that a

Municipality has the capacity, rights, powers and privileges of a natural person for the

purpose of exercising its authority under the Municipal Act or any other Act;

And Whereas, Section 11 (2) of the Municipal Act 2001, as amended, specifies the

Spheres of Jurisdiction the Municipality may pass By-laws respecting matters in those

Spheres of Jurisdiction.

Now, therefore, the Council of the corporation of the Municipality of Brighton

enacts as follows:

1. That the Mayor and the CAO are hereby authorized to enter into an agreement

on behalf of the Corporation of the Municipality of Brighton with Drain Bros.

Excavating Ltd. of Norwood, ON to complete asphalt work on behalf of the

Municipality as described in documents contained in Tender #REC 2019-07.

2. That this By-law shall come into force and effect on the date of passage by the

Council of the Corporation of the Municipality of Brighton.


August, 2019.

____________________________ ___________________________

Brian Ostrander, Mayor Bob Casselman, CAO/Deputy Clerk

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1


By-Law No.

WHEREAS it is deemed desirable to establish a policy to direct the purchase of goods and services by the various departments within the Municipality; AND WHEREAS, it is necessary to set out minimum requirements to ensure the Municipality obtains the best value in goods and services at the most economical cost; AND WHEREAS, Section 270 of the Municipal Act, S.O., 2001, as amended provides that a municipality shall adopt and maintain policies with respect to its procurement of goods and services; NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON HEREBY ENACTS AS FOLLOWS: 1. This By-law shall be entitled the “Procurement Policy By-law” 2. A policy shall be and is hereby established to regulate the purchase of goods and

services by the various departments of the Municipality, in accordance with the Procurement Policy attached hereto.

3. In the event that any court should judge that any Section or Sections of the By-law or of

the Procurement Policy is not valid for any cause, such Section or Sections shall be severable from the remainder of the By-law or Procurement Policy to the same extent as if the offending Section or Sections had not been included therein.

4. By-law 2006-371, also known as Purchasing Policy By-law is hereby repealed. 5. That this By-law shall take effect upon final passing hereof. Read a first, second and third time and finally passed this 12th day of August 2019. ___________________________ _________________________ Brian Ostrander, Mayor Candice Doiron, Clerk

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Procurement Policy

August 12, 2019

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3

Contents

Section 1: Purpose and Principles .................................................................................... 5

1.1 Purpose ................................................................................................................. 5

1.2 Principles ............................................................................................................... 5

Section 2: Interpretation and Application ............................................................................ 5

2.1 Defined Terms ....................................................................................................... 5

2.2 Application ............................................................................................................. 9

2.3 Procurement Value ................................................................................................ 9

2.4 Contract Splitting .................................................................................................... 9

2.5 Cooperative Purchasing ......................................................................................... 9

2.6 Purchasing Procedures and Protocols ................................................................... 9

Section 3: Ethical Conduct and Conflicts of Interest ........................................................... 9

3.1 Municipality’s Conduct and Internal Conflicts of Interest ........................................ 9

3.2 Suppliers’ Conduct and External Conflicts of Interest .......................................... 10

Section 4: Roles and Responsibilities ............................................................................... 11

4.1 The Role of Council .............................................................................................. 11

4.2 Roles and Responsibilities of Municipal Officers and Employees ........................ 11

4.3 Roles and Responsibilities of Committees of Council: ......................................... 13

Section 5: Procurement Methods ...................................................................................... 13

5.1 Standard Procurement ......................................................................................... 13

5.1.1 Low Cost Purchase .............................................................................................. 13

5.1.2 Supply Arrangement ......................................................................................... 14

5.1.3 Competitive Procurement Process ..................................................................... 15

5.2 Non-Standard Procurement ................................................................................. 15

5.3 In-House Bids ...................................................................................................... 16

5.4 Unsolicited Proposals ........................................................................................... 16

Section 6: Procurement Approvals and Delegated Authorities .......................................... 16

6.1 Delegated Authorities for Procurement ................................................................ 16

6.2 Conditions of Delegated Authorities ..................................................................... 16

6.3 Council Approval .................................................................................................. 17

6.4 Emergency Purchases ......................................................................................... 17

Section 7: Supplier Relations and Contract Management ................................................ 18

7.1 Procurement Notification ...................................................................................... 18

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7.2 Debriefings ........................................................................................................... 18

7.3 Bid Protest Procedure .......................................................................................... 18

7.4 Contract Management.......................................................................................... 19

Section 8: Records, Confidentiality and Access to Information ......................................... 20

8.1 Records Retention ............................................................................................... 20

8.2 Confidentiality ...................................................................................................... 21

8.3 Access to Information .......................................................................................... 21

Section 9: General ............................................................................................................ 21

9.1 Commitment to Accessibility ................................................................................ 21

9.2 Procurement Training........................................................................................... 21

9.3 Monitoring, Reporting and Non-Compliance ........................................................ 22

9.4 Review of Procurement Policy and Procedures ................................................... 22

Appendix 1 – Applicable Laws, Trade Agreements and Regulations ................................ 23

Appendix 2 – Exceptions ................................................................................................... 24

Appendix 3 – Circumstances for Non-Standard Procurement ........................................... 26

Appendix 4 – Delegated Authorities .................................................................................. 28

Appendix 5 – Competitive Procurement Procedures ........................................................ 29

Appendix 6 – Delegation of Authority Form ....................................................................... 37

Appendix 7 – Procurement Notification Form .................................................................... 39

Appendix 8 – Record of Bid Opening ................................................................................ 40

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Section 1: Purpose and Principles 1.1 Purpose This Policy is intended to:

(a) Express the Municipality’s principles and objectives in relation to its procurement program;

(b) Describe the roles, responsibilities and authorities of the Municipality’s employees, officers and elected officials in carrying out the Municipality’s procurement operations;

(c) Authorize the CAO or Director of Finance and Administrative Services (Treasurer) to implement detailed procurement procedures and protocols that are consistent with the intent of this Procurement Policy and, to supplement and amend those procedures and protocols as and when deemed necessary, to meet the present and future needs of the Municipality; and

(d) Comply with the requirements of Section 270 of the Municipal Act, S.O., 2001, as amended from time to time.

1.2 Principles Procurement is the process by which the Municipality acquires Goods and Services. Effective procurement is a critical support function for local governments as they responsibly manage public funds. The objective of this Procurement Policy is to ensure that the Municipality conducts Procurement Processes that conform to the following principles:

(a) Compliance with all applicable laws, regulations, by-laws, policies and trade agreements as further set out in this Procurement Policy;

(b) Consistency with other Municipal by-laws, policies and procedures; (c) Open, fair and transparent procurement that affords equal access to all qualified

suppliers; (d) Reciprocal non-discrimination and geographic neutrality with respect to Ontario’s

trading partners; (e) Achieving best value for the Municipality for the expenditure of public funds

through consideration of each Solicitation Document type, Procurement Process method and the adoption of Commercially Reasonable Business Practices;

(f) Effective balance between accountability and efficiency; and (g) Ensuring adherence to the highest standards of ethical conduct, including

compliance with the Municipality’s Conflict of Interest Policy. Section 2: Interpretation and Application 2.1 Defined Terms The following definitions apply in this Procurement Policy:

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(a) Award – the acceptance of a Bid by the Municipality;

(b) Bid - a submission in response to a Solicitation Document;

(c) Bidder - a supplier that submits a Bid;

(d) Chief Administrative Officer (CAO) - the Municipality’s administrator;

(e) Commercially Reasonable Business Practices - refers to efforts or practices that Municipal Government would generally regard as sufficient to constitute reasonable efforts under the circumstances and what can be done should be done, in the context and purpose of the contract;

(f) Competitive Process -either an Open Competition or an Invitational Competition;

(g) Competitive Procurement Project - a Procurement Project conducted through a

Competitive Process;

(h) Competitive Procurement Procedures - the Municipality’s procedures for conducting Competitive Procurement Projects, as developed, maintained and updated by the Director of Finance and Administrative Services (Treasurer);

(i) Conflict of Interest - any action, decision or recommendation by a Municipal Representative where the effect of which could be to the private pecuniary benefit or detriment of the Municipal Representative or the Municipal Representative’s Family;

(j) Council - the Council of the Corporation of the Municipality of Brighton;

(k) Department - one of the Municipality’s business units, departments or divisions;

(l) Department Head - the head of any Municipal Department and includes a manager,

director or administrator; (m) Direct Award (a.k.a. ‘single source’ or ‘sole source’ awards) - Goods and Services

acquired directly from a particular supplier without conducting a Competitive Process when an Invitational Competition or an Open Competition would normally be required ;

(n) Director of Finance and Administrative Services (Treasurer) - the head of the Municipality’s Finance Department;

(o) Emergency Purchase - a situation where the purchase of Goods and Services was

necessary because of an immediate risk to the safety or health of Municipal employees or the general public or because of the possibility of serious damage to Municipal or private property, as approved at the appropriate approval level set out in section 6.4.2;

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(p) Formal Quote – written and documented submission by the Bidder for purchases with

a value of between $5,000 and $25,000 issued as a Request for Quotes (RFQ);

(q) Goods and Services – products and labour that are bought and sold in an economy, including construction contracts;

(r) Highest Scoring Bidder – the respondent to a Solicitation Document who scored with the most points out of 100 by the Review Team using a pre-established matrix;

(s) Informal Quote – telephone, fax or email quotes for Low Cost Purchases;

(t) In-House Bid – means a bid made by a Department, submitted in response to a

Solicitation Document where the provision of the Goods and Services will be provided by a Municipal Representative;

(u) Invitational Competition - a process initiated by way of an invitation to at least

three suppliers to submit Bids;

(v) Low Cost Purchase - the purchase of Goods and Services with a procurement value of less than $25,000;

(w) Low Cost Purchase Procedures - the Municipality’s procedures for making Low

Cost Purchases, as set out in section 5.1.1 of this Policy;

(x) Municipal Representative – an employee or elected official of the Municipality;

(y) Municipal Representative’s Family – the spouse or domestic partner, parents, grandparents, children, grandchildren and siblings of a Municipal Representative;

(z) Municipality - The Corporation of the Municipality of Brighton;

(aa) Open Competition - a process initiated by way of a publicly posted Solicitation Document;

(bb) Procurement Process – a streamlined purchasing practice that ensures competitive value and quality for Goods and Services;

(cc) Procurement Project - any purchase of Goods and Services by one of the

Municipality’s Departments, including Competitive Procurement Projects and Direct Awards;

(dd) Prohibited Communications – contacting any member of Municipal staff or Council other than the individual named on the Solicitation Document;

(ee) Qualified Supplier Roster - a list of suppliers that have participated in and

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successfully met the requirements of a Request for Supplier Qualifications (RFSQ), and have been pre-qualified to compete for discrete work assignments involving the delivery of a particular type of Goods and Services that may be required during the term of the Roster. May also be suppliers that have been approved on a Qualified Supplier Roster by The County of Northumberland;

(ff) Request for Proposal (RFP) - a formal document that solicits responses for procurement of a commodity, service, or valuable asset, to potential suppliers to submit business proposals;

(gg) Request for Quotes (RFQ) – a formal document that solicits responses for procurement of a commodity, service, or valuable asset, to potential suppliers to submit quotations;

(hh) Request for Tender (RFQ) – a formal document that solicits responses for a specified scope and quantity of Goods and/or Services to potential suppliers to submit bids;

(ii) Review Team – Municipal staff and/or consultants that are selected by the Department Head to review and score technical requirements for all Bids received in response to a Solicitation Document;

(jj) Roster Competition - an expedited form of competition between suppliers that have

been included on a Qualified Supplier Roster by The Municipality of Brighton or The County of Northumberland;

(kk) Solicitation Document - the document used to solicit Bids from Bidders, including

a Request for Tender (RFT)/Invitation to Tender (ITT); a Request for Proposal (RFP); a Request of Quotations (RFQ); or a Request for Supplier Qualification (RFSQ);

(ll) Standing Offer - a contractual commitment for a defined term, usually in the form of

an annual purchase award, between the Municipality and a selected supplier for the supply of particular Goods and Services, as requested through an ordering process, at a predetermined price or discount;

(mm) Successful Bid(der) – the highest scoring response to a Solicitation Document that would provide the Municipality with the desired Goods and Services at the optimal value, considering all parameters relevant to the Bid;

(nn) Supply Arrangement - an established arrangement with suppliers that have been pre-qualified to provide particular Goods and Services to the Municipality during a specified period of time. Such arrangements include Standing Offers and Qualified Supplier Rosters;

(oo) Tender – a formal document that solicits responses for the provision of specific Goods and Services at a stated price;

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(pp) Unsuccessful Bid(der) – a response to a Solicitation Document that was not

selected to provide the Municipality with the Goods and Services. 2.2 Application This Procurement Policy applies to the purchase of all Goods and Services except those items set out in Appendix 2.

2.3 Procurement Value In order to ensure that Procurement Projects are conducted in accordance with this Policy, it is important to accurately estimate the value of the Procurement Project. The value of a Procurement Project will include all costs to the Municipality such as acquisition, maintenance, replacement, disposal, training, delivery, installation and extension options, but will exclude applicable sales taxes.

2.4 Contract Splitting Subdividing, splitting or otherwise structuring procurement requirements or contracts in order to reduce the procurement value or in any way circumvent the requirements or intent of this Procurement Policy is not permissible.

2.5 Cooperative Purchasing The Municipality may participate with other governments or public sector entities in cooperative purchasing ventures or joint contracts when it is in the best interests of the Municipality to do so. The cooperative Procurement Process may be conducted in accordance with the procurement policies and procedures of the entity that is responsible for coordinating and leading the process, provided that those policies and procedures are consistent with the Municipality’s obligations under applicable trade agreements and the principles set out in this Procurement Policy.

2.6 Purchasing Procedures and Protocols

In addition to the Procurement Policy, the Municipality has a number of procedures, protocols, forms and templates for use during the procurement cycle to assist Department Heads in achieving compliance with the Policy. Department Heads should confer with the Director of Finance and Administrative Services (Treasurer) to ensure that they have all the necessary, up-to-date tools for each stage of a Procurement Project. Section 3: Ethical Conduct and Conflicts of Interest 3.1 Municipality’s Conduct and Internal Conflicts of Interest

3.1.1 The Municipality must ensure that the management of all Procurement Projects is

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free from Conflicts of Interest. All participants in the Procurement Project (including procurement staff, involved members of the Department, and members of the Review Team) must ensure that they do not have a Conflict of Interest.

3.1.2 Elected officials within the Municipality must not have any direct or indirect involvement in any Procurement Project or decision outside of the required approvals set out in this Procurement Policy.

3.1.3 Personal purchases (which are purchases by an employee or elected official of the

Municipality, which are not for the benefit of the Municipality, but for the benefit and use of the requesting party) are prohibited. No Municipal Representative, committee member or member of a local board, volunteer firefighter, or their immediate family member may submit a Bid in response to a Solicitation Document.

3.1.4 Municipal employees shall review the Municipality’s Conflict of Interest Policy

(Policy HR 100) and shall ensure that all purchasing decisions and Procurement Projects are managed in accordance with this Policy and the Conflict of Interest Policy.

3.2 Suppliers’ Conduct and External Conflicts of Interest

3.2.1 All suppliers are required to declare, as part of their Bid in a Procurement Process, that there are no Conflicts of Interest or provide details of any actual or apparent Conflicts of Interest. Before issuing a Solicitation Document, Department Heads shall ensure that all procurement templates include appropriate Conflict of Interest language and written declaration requirements.

3.2.2 Where a supplier is retained to participate in the development of a Solicitation

Document, that supplier will not submit a Bid or directly or indirectly participate in the submission of any Bid in response to that Solicitation Document. While this restriction shall be deemed to apply to all Municipal Procurement Projects, it will be disclosed in the initial Procurement Process by which the supplier is retained.

3.2.3 The Municipality expects its suppliers to act with integrity and the Municipality may

refuse to do business with any supplier that:

(a) has a Conflict of Interest; (b) is known to have engaged in illegal or unethical bidding practices.

3.2.4 Illegal or unethical bidding practices include:

(a) bid-rigging, price-fixing, bribery or collusion or other behaviours or practices

prohibited by federal or provincial statutes; (b) attempting to gain favour or advantage by offering gifts or incentives to

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Municipal officers and employees, members of Council or any other representative of the Municipality;

(c) lobbying members of Council or Municipal officers and employees or engaging in any prohibited communications during a Procurement Process;

(d) submitting inaccurate or misleading information in response to a procurement opportunity; and

(e) engaging in any other activity that compromises the Municipality’s ability to run a fair Procurement Process.

Section 4: Roles and Responsibilities In accordance with best practices in municipal procurement, Council recognizes the need for a clear separation of political and administrative functions in relation to the Municipality’s procurement operations. 4.1 The Role of Council

4.1.1 It is the role of Council to establish policy and to approve expenditures through the Municipality’s budget approval process. Through this Policy, Council delegates to the Municipality’s employees the authority to incur expenditures in accordance with approved budgets through the procurement of Goods and Services in accordance with the rules and processes set out in this Policy.

4.1.2 To facilitate Council’s oversight role in respect of significant projects, Council may

require Department Heads to obtain Council’s authority to initiate specific procurements by identifying procurement projects of interest such as procurements that are of a high value or involve significant risk, security concerns or community interest.

4.1.3 To avoid the potential appearance of bias or political influence in procurement

contract award decisions, members of Council will have no involvement in Procurement Processes, except where Council is required to approve the contract award in accordance with Section 6.3 of this Policy.

4.2 Roles and Responsibilities of Municipal Officers and Employees The roles and responsibilities of Municipal officers and employees are as follows:

4.2.1 Department Head:

(a) Identifies the need or requirement to be satisfied through a Procurement

Project; (b) Builds a Procurement Project through the appropriate Solicitation Document

and obtains appropriate approval prior to proceeding to market; (c) Develops or identifies an approved funding source; (d) Determines first if there are internal sources of supply or existing supply

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arrangements through consultation with the Director of Finance and Administrative Services (Treasurer);

(e) Researches and understands external market conditions and potential sources of supply;

(f) Authorizes purchases that are within their delegated authority as set out in this Policy;

(g) Ensures employees involved in Procurement Projects have appropriate training;

(h) Attends Bid Openings, as required; (i) Ensures Department compliance with all procurement policy guidelines,

applicable laws, trade agreements and regulations; (j) Keeps the Procurement Project record for their Department, and; (k) Supports the promotion of compliance with this Policy and of sound

procurement practices and the education and training to employees involved in Procurement Projects.

4.2.2 Director of Finance and Administrative Services (Treasurer):

(a) Researches, develops, updates and communicates corporate purchasing policies, procedures, guidelines and standards;

(b) Provides oversight of the Procurement Process; (c) Advises staff on policies, regulations and legislation affecting procurement; (d) Provides appropriate orientation, training and tools to employees involved in

procurement; (e) Advises on Competitive Procurement Projects; (f) Monitors compliance across the organization and reporting on performance to

the CAO and Department Heads; (g) Ensures proper internal controls including segregation of duties; and (h) Attends Bid Openings, as required.

4.2.3 Chief Administrative Officer:

(a) Approves purchases per the Delegation of Authority; (b) Attends Bid Openings, as required; and (c) Provides oversight of the Procurement Process.

4.2.4 Finance Department:

(a) Processes of all payments to vendors; and (b) Monitors established internal controls for the Procurement Process.

4.2.5 Municipal Clerk or Deputy Clerk:

(a) Receives all Bid Responses; (b) Attends Bid Openings (c) Organizes Bid Opening venue, time, date and invitations to appropriate Staff; and

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(d) Records all Bids including company name and price before HST.

4.2.6 Council:

a) Approves Procurement Policy; b) Approves Budget for Capital/Operating expenditures; c) Approves Qualified Supplier Roster; and d) Approves purchases valued at $100,000.00 or greater in accordance with

Appendix 4. 4.3 Roles and Responsibilities of Committees of Council:

(a) Work within their approved Budget when recommending purchasing by

resolution, as a Committee; (b) Assist staff by providing requirements of the procurement so that supporting

staff can purchase through the appropriate Procurement Process and Delegation of Authority;

Section 5: Procurement Methods

5.1 Standard Procurement A Standard Procurement is the acquisition of Goods and Services through the applicable process described in this Section. All Standard Procurement Processes must be approved, conducted and reported in accordance with this Policy and all applicable procedures and protocols. 5.1.1 Low Cost Purchase

(a) Purchases up to $1,000

Departments may acquire Goods and Services with a procurement value of less than $1,000, in accordance with this Section and the Municipality’s Low-Cost Purchase Procedure. The Department Head may authorize specific employees within the Department to make Low Cost Purchases. Low Cost Purchases includes the use of Departmental Petty Cash, as assigned by the Director of Finance and Administrative Services (Treasurer). Petty Cash shall be managed in accordance with the Cash Handling Policy. The Department Head is responsible and accountable for Low Cost Purchases and must sign each payment voucher or invoice for employees who do not have delegated authority under Appendix 4.

(b) Purchases $1,000 and over But Under $5,000

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A Competitive Process is required for purchases over $1,000 but under $5,000. Informal quotes must be received and documented.

(c) Purchases $5,000 and over But Under $25,000

For the purchase of Goods and Services with a procurement value of $5,000 or over but under $25,000, the Department Head must obtain at least three (3) documented Formal Quotes from qualified suppliers. Quotations may be solicited by fax or email. Verbal quotes are not accepted. (d) Purchases over $25,000: Refer to section 5.1.3 - Competitive Process

5.1.2 Supply Arrangement

The Municipality may enter into Supply Arrangements with one or more supplier(s) for the supply of particular Goods and Services.

(a) Purchasing Under Existing Supply Arrangements

It is the responsibility of the Department Head to determine if there is an existing Supply Arrangement for the required Goods and Services before making a purchase. When the required Goods and Services are available under an existing Standing Offer through a signed Agreement with the Municipality, the Department Head shall purchase the Goods and Services the through the established ordering process.

When a Qualified Supplier Roster has been established for the required Goods and Services, the Goods and Services shall be purchased through a Roster Competition. The Department Head may refer to a Qualified Supplier Roster that has been approved by the Municipality or The County of Northumberland.

(b) Establishment of Supply Arrangements

A Department Head may consider establishing a Supply Arrangement for Goods and Services that are required on a regular or repetitive basis by one or more Departments. If a Department Head anticipates making multiple purchases of the same Goods and Services and the total value of those purchases may exceed $25,000, the Department Head must consider the possibility of establishing a Standing Offer. Supply Arrangements are established through a Competitive Process managed

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by the Department Head and conducted in accordance with the Municipality’s Competitive Procurement Process.

5.1.3 Competitive Procurement Process

Goods and Services with a procurement value of $25,000 or over must be conducted in accordance with the Municipality’s Competitive Procurement Procedures. Competitive Procurement Projects involve a multi-stage procurement cycle and the roles and responsibilities of those involved in the various stages of a Procurement Project are described in detail in the Municipality’s Competitive Procurement Procedures.

(a) Invitational Competition

For the purchase of Goods and Services at valued at$1,000 or over but under $5,000, the Department Head may conduct an Invitational Competition by issuing a Solicitation Document to at least three (3) qualified suppliers. (b) Open Competition

Where the Procurement Project is particularly complex or the market conditions warrant it, the Department Head, at his or her sole discretion, may determine that an Open Competition should be conducted. For the purchase of Goods and Services valued at $25,000 or over, Department Heads must conduct an Open Competition that involves the public posting of a Solicitation Document on the Municipality’s website. Each Bid posting shall include the title of the item to be purchased and the departmental control number (e.g. RFP PW 2019-01).

5.2 Non-Standard Procurement A Non-Standard Procurement is the acquisition of Goods and Services through a process or method other than the process and method normally required for the type and value of the required Goods and Services. The use of a non-standard Procurement Process is only permitted under the specific circumstances set out in Appendix 3 of this Policy. All non-standard Procurement Processes must be undertaken in accordance with this Policy and any applicable procedures and protocols. In seeking approval from the Chief Administrative Officer for a non-standard procurement, the Department Head shall provide full details to explain why the Procurement Project fits into one or more of the circumstances under Appendix 3. Non-Standard Procurement Processes include:

(a) Direct Awards Goods and Services are acquired directly from a particular supplier without conducting a Competitive Process when an Invitational Competition or an Open

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Competition would normally be required.

(b) Limited Competition Bids are solicited from a limited number of suppliers when an Open Competition would normally be required.

5.3 In-House Bids

The acceptance and award of In-House Bids is not permitted. All Bids must follow the appropriate Procurement Process.

5.4 Unsolicited Proposals

All unsolicited proposals, including any offers for presentations or product/service trials submitted to the Municipality with the expectation on the part of the submitter of obtaining consideration for an ensuing contract or purchase by the Municipality will not be considered. In the event that an actual Goods and Services product presentation or demonstration would be required in advance of a purchase decision, such presentation or demonstration shall be included as part of the formal competitive Bid process.

Section 6: Procurement Approvals and Delegated Authorities 6.1 Delegated Authorities for Procurement

Delegated Authorities initiate procurement and approve a contract award based on the approval limits set out in Appendix 4 of this Policy. The CAO, Mayor, Deputy Mayor, Municipal Clerk and Director of Finance and Administrative Services (Treasurer) have the authority to bind the Corporation and are authorized to commit the Municipality to a contract through the execution of a legal Agreement.

All legal Agreements with a value over $100,000 must be authorized by by-law prior to being signed, except employment contracts. Employment Contracts are authorized by the Chief Administrative Officer.

6.2 Conditions of Delegated Authorities

The Delegated Authorities for procurement are subject to the following conditions:

(a) No contract award may be approved unless funded within the Council approved budget and the Procurement Process was conducted in accordance with this Policy.

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6.3 Council Approval

Council approval for the award of a contract is required if:

(a) the procurement value exceeds the approval limits of Delegated Authorities set out in Appendix 4 of this Policy;

(b) any of the conditions of delegated procurement authorities as set out in section

6.2 of this By- law have not been met; or

(c) there is an irregularity or unresolved challenge in connection with the Procurement Project and, in the opinion of the CAO, the award of the contract is likely to expose the Municipality to significant legal or financial risk.

6.4 Emergency Purchases

6.4.1 Circumstances

Notwithstanding any other provisions of this Policy, Goods and Services may be purchased on an emergency basis if time does not permit the use of a standard Procurement Process due to an unforeseeable situation or event that is a threat to any of the following:

(a) Public health and/or safety;

(b) The maintenance of essential Municipal services or to prevent the disruption

of essential Municipal services;

(c) The welfare of persons or of public property; or

(d) The security of the Municipality’s property.

6.4.2 Approval

Emergency Purchases must be approved as follows:

(a) The Department Head shall define the nature of the emergency and the process to address the situation or event;

(b) Approval limits for Emergency Purchases shall be within the Delegated Authority as defined in Appendix 4;

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6.4.3 Reporting

Within 30 days after the emergency situation has been addressed, the Department Head must prepare a report setting out the circumstances giving rise to the Emergency Purchase, the total value of the Emergency Purchase and the supplier selected to provide the necessary Goods and Services and must submit a report setting out the business case as follows:

Emergency Purchase Report Procurement value of $5,000 up to $50,000

Submit report to Chief Administrative Officer and copy the Director of Finance and Administrative Services (Treasurer)

Procurement value valued at $50,000 or greater

Submit report to Council

Section 7: Supplier Relations and Contract Management 7.1 Procurement Notification

The Department Head is responsible for sending out notification letters to Unsuccessful Bidders informing them that they were not selected.

Within 72 hours of the contract award, the responsible Department Head shall post the notice of award on the Municipal website’s Bids and Tenders page, using the Procurement Notification Form found in Appendix 7. This notice must remain readily accessible on the Municipal website for 60 days.

7.2 Debriefings

Unsuccessful Bidders may request a debriefing. If a debriefing is requested, it shall be limited to the requesting Bidder’s submission and not disclose any information related to other Bidder’s pricing or scores.

7.3 Bid Protest Procedure

Unsuccessful Bidders may formally protest the outcome of a Procurement Project. In order to avail itself of the Municipality’s Bid protest procedure, the Bidder must first request and receive a debriefing. If the Bidder still wishes to challenge the outcome of the Procurement Project, they must formally protest the outcome in writing to the Department Head. The Department Head must respond in a timely fashion with a schedule to address the Bidder’s concerns. The appropriate Department Head and the CAO and/or the Director of Finance and Administrative Services (Treasurer) shall

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attend any Bid protest meeting. 7.4 Contract Management

Once the contract has been signed, it is essential that it be properly managed. Department Heads are responsible for all aspects of contract management using the following principles:

7.4.1 Scope Management

The scope of each contract must be appropriately managed to ensure that all deliverables are properly received, payments are appropriately made, all timelines are met, and any extension options are appropriately exercised.

7.4.2 Payments to Suppliers

Department Heads are responsible for ensuring that all payments are made in accordance with the contract, and reviewing and approving supplier invoices.

7.4.3 Scope Changes and Contract Amendments

Scope changes and contract amendments may become necessary due to unforeseen events. These scope changes are to be managed prudently to ensure that overages are tracked, and proper approvals occur for the project duration:

(a) The supplier shall submit a change order request including rationale, cost

and timing implications; (b) The change order shall be approved by the Department Head prior to

commencement of the work; (c) The change shall be funded within an approved budget or approved by

Council; (d) The amendment of the contract shall be approved in accordance with the

approval limits set out in Appendix 4 of this Policy; and (e) If the amendment results in an increase of greater than 10% of the original

contract value and is still within an approved budget, the amendment must have the additional approval of the Director of Finance and Administrative Services (Treasurer) and the CAO.

7.4.4 Contract Disputes

All potential contract disputes with suppliers must be managed in accordance with the dispute resolution mechanisms outlined in the contract. Where a contract is silent on dispute resolution, Department Heads shall ensure that potential disputes are proactively managed and appropriately escalated. Written copies of all communications and correspondence with suppliers concerning a contract

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dispute must be maintained by the Department.

7.4.5 Performance Tracking

Department Heads must also ensure that the performance of all suppliers is appropriately monitored including maintaining records of any performance issues, corresponding with or providing notifications to suppliers, and ensuring that performance problems are addressed quickly and effectively. A written record shall be kept by the Department Head of all matters connected with performance tracking – which is essential to proper contract management.

7.4.6 Termination

A contract can only be terminated prior to its expiry date in accordance with the termination provisions of the contract, and with the approval of the CAO.

7.4.7 Supplier Barring

Suppliers may be barred from future contracts with the Municipality through legal consultation. The list of barred suppliers will be maintained by The Director of Finance and Administrative Services (Treasurer).

Section 8: Records, Confidentiality and Access to Information 8.1 Records Retention

The Department Head shall maintain proper documentation for all stages of the Procurement Project in accordance with the Municipality’s Records Management Program Policy.

Department Heads are responsible for ensuring that all documentation relating to the Procurement Project is properly filed in the Procurement Project file, regardless of the Procurement Project value. The following shall be kept in each Procurement Project file:

(a) Original copies of final Solicitation Documents;

(b) Copies of the Procurement Project plan, together with evidence of all necessary conditional approvals;

(c) If using an Invitational Process, evidence of quotations obtained from suppliers (e.g., copies of emails, written submissions);

(d) Records of communications with Bidders or potential Bidders

(e) Copies of addenda;

(f) Original copies of Bids received from Bidders (including amendments to Bids);

(g) Records of evaluation processes, including evaluator notes and final scores;

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(h) Copy of the Delegation of Authority Form (Appendix 6) with required approvals, if required;

(i) Copies of debriefing or Bid protest procedure requests and outcomes; and

(j) Council Resolutions if required

8.2 Confidentiality

Bidder and supplier information submitted to the Municipality shall be kept confidential by all Municipal staff. Department Heads shall ensure that all Bids and contracts are kept in a secure location and only accessible by those employees directly involved with the Procurement Project.

8.3 Access to Information

Procurement records shall be retained in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any requests from the public for information shall be directed to the Municipal Clerk.

Section 9: General 9.1 Commitment to Accessibility

When procuring Goods and Services, the Municipality will incorporate accessibility criteria and features.

The Accessibility Advisory Committee shall review building construction plans in accordance with the Committee’s Terms of Reference.

Where applicable, procurement documents will specify the desired accessibility criteria to be met and provide guidelines for the evaluation of proposals in respect to those criteria. Where impractical for the Municipality to incorporate accessibility criteria and features when procuring or acquiring Goods and Services, the Procurement Project Department Head will provide a written explanation, upon request.

9.2 Procurement Training

The Director of Finance and Administrative Services (Treasurer), in consultation with Department Heads, will provide orientation and training as required to Municipal employees involved in procurement activities. Department Heads are to ensure that employees involved in procurement activities have the appropriate training and notify the Director of Finance and Administrative Services (Treasurer) when new employees are hired or there are changes in duties affecting current staff.

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9.3 Monitoring, Reporting and Non-Compliance

Municipal employees must adhere to the Municipality’s Procurement Policy and procurement processes. Department Heads are responsible for ensuring compliance. The Director of Finance and Administrative Services (Treasurer) is responsible for monitoring compliance across the organization, including conducting spot audits of Procurement Projects managed directly by Departments, and reporting any irregularities to the CAO.

9.4 Review of Procurement Policy and Procedures

The Director of Finance and Administrative Services (Treasurer) undertake a comprehensive review of this Policy every (5) years and report to Council through the CAO accordingly. The review of purchasing processes shall be conducted on an ongoing basis. The Auditor shall review Appendix 4, Delegated Authorities annually as part of the audit process.

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Appendix 1 – Applicable Laws, Trade Agreements and Regulations

1. Procurement activities at the Municipality must be conducted in accordance with all laws, regulations and standards, including, but not limited to:

• Income Tax Act and Regulations

• Excise Tax Act and Regulations

• Occupational Health and Safety Act and Regulations

• Worker’s Compensation Act and Regulations

• Municipal Freedom of Information and Protection of Privacy Act and Regulations

• Municipal Act and Regulations

• Competition Act and Regulations

• Accessibility for Ontarians with Disabilities Act and Regulations

• Municipal By-laws, Council policies and administrative procedures and protocols

2. Procurement activities at the Municipality must comply with all applicable trade agreements, including:

• Canadian Free Trade Agreement (CFTA) – all Provinces and Territories; • Canadian-European Union Comprehensive Economic Trade Agreement (CETA);

• Ontario and Quebec Trade Cooperation Agreement – Ontario and Quebec; and

• any future Trade Agreements that are applicable to the Municipality.

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Appendix 2 – Exceptions 1.0 This Policy does not apply to the acquisition of the following Goods and

Services: (a) Goods and Services, the supply of which is controlled by a statutory monopoly;

(b) Work to be performed on property under the provisions of a lease, warranty or

guarantee held in respect of the property or the original work; (c) Goods and Services purchased from:

• government entities or public bodies; • persons with disabilities; or • philanthropic institutions;

(d) Goods and Services related to training and education, including:

• conferences, conventions, courses and seminars; • newspapers, magazines, books and periodicals; • memberships; or • computer software for educational purposes;

(e) Services that may only be provided by the following licensed professionals:

• medical doctors; • lawyers; or • notaries;

(f) The following specialized Goods and Services:

• financial, banking and underwriting services; • expert witnesses; • arbitrators; • external auditors; • utility relocates by a public utility; • railway crossings; • postage; • original artwork; or • goods intended for resale to the public;

2.0 This Policy does not apply to payment of the Municipality’s general expenses,

such as:

• Refundable employee expenses (advances, meal allowances, travel, miscellaneous);

• Payroll deduction remittances; • Workers Safety Insurance Board payments;

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• Health benefits; • Tax remittances; • Debenture payments; • Insurance premiums; • Damage claims; • Legal settlements; • Arbitration awards; • Petty cash replenishment; • Charges to and from Area Municipalities and other government bodies; • Council approved grants; • Refunds (such as property tax refunds, water billing refunds, building deposit

refunds, water deposit refunds and refunds for cancelled services, programs or events);

• Licensing fees, including vehicles, etc.; • Utility’s (such as water and sewer, hydro, natural gas, telecommunications and

cable television);

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Appendix 3 – Circumstances for Non-Standard Procurement Goods and Services may only be acquired through a non-standard Procurement Process under the circumstances describe below. The Delegated Authorities, as outlined in Appendix 4 applies to Non-Standard Procurement.

1.0 For all Procurement Projects with a procurement value of $25,000 or greater: (a) Where Goods and Services regarding matters of a confidential or privileged nature

are to be purchased and the disclosure of those matters through a Competitive Process could reasonably be expected to compromise confidentiality, cause economic disruption or otherwise be contrary to the public interest.

(b) Where no Bids are received in response to a Competitive Process conducted in

accordance with this Policy. (c) To ensure compatibility with existing goods and products, to recognize exclusive

rights, such as exclusive licenses, copyright and patent rights or to maintain specialized products that must be maintained by the manufacturer or its representative.

(d) Where there is an absence of competition for technical reasons and the Goods

and Services can only be supplied by one particular supplier and no alternative or substitute exists.

(e) For the purchase of goods under exceptionally advantageous circumstances such

as bankruptcy or receivership, but not for routine purchases. (f) For the procurement of a prototype of a first Good or Service to be developed in

the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases.

(g) For a contract to be awarded to the winner of a design contest.

2.0 For Procurement Projects with a procurement value of less than $25,000: (a) Under any of the circumstances described in paragraph 1.0 above.

(b) For procurement of Goods and Services related to cultural or artistic fields, such

as entertainment for special events. (c) For additional deliveries by the original supplier of Goods and Services that were

not included in the initial procurement where a change of supplier for such additional Goods and Services:

• cannot be made for economic or technical reasons such as requirements of

interchangeability or interoperability with existing equipment, software, services Page 352 of 371

27

or installations procured under the initial procurement; or • would cause significant inconvenience or substantial duplication of costs for the

procuring entity.

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Appendix 4 – Delegated Authorities

Department Position Up to 100k

Up to 25K

Up to 10K

Up to 5K

Corporate Chief Administrative Officer

X

Finance Director/Treasurer X

Public Works Director X

Clerk Municipal Clerk X

Fire Fire Chief X

Parks and Recreation

Director X

Planning Director X

Public Works Manager of Capital Infrastructure

X

Public Works Supervisors X

The value of procurement approved above is the value up to but not including the stated value limit. For example: the Chief Administrative Officer may approve a project that has a value of up to, but not including $100,000.00. Guidelines to Delegation of Authority Matrix

1. The authority is granted based on the need of each position.

2. Approvals limits are on a per transaction basis.

3. Limits are the maximum value of a transaction.

4. The authority to initiate a Procurement Process is based on the estimated procurement value. The authority to approve a contract award is based on the actual procurement value before taxes.

5. Transactions can only be approved within the Council approved budget.

6. Procurements with a value of $100,000 or greater require Council approval.

7. Contracts may only be executed by the Mayor or Deputy Mayor and the Clerk,

Deputy Clerk, Chief Administrative Officer or the Director of Finance and Administrative Services (Treasurer).

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Appendix 5 – Competitive Procurement Procedures 1.0 Solicitation Document 1.1 The Solicitation Document and specifications shall be prepared by the Department

Head or his/her designate using standard documentation. All Solicitation Document packages must be approved by the Department Head prior to release to the public.

1.2 All Solicitation Documents will clearly define any pre-qualification system and any

evaluation or scoring system to be used. 1.3 Solicitation Documents prepared by outside sources, i.e. Consultants must be

reviewed by the Department Head for compliance with the Municipality’s Policies and Procedures before release to the public.

2.0 Health and Safety

2.1 Prior to calling a Bid, all health and safety considerations shall be addressed.

2.2 Contractors providing Goods and Services to the Municipality must comply with

and be held accountable for meeting the requirements of the Occupational Health and Safety Act.

2.3 The Municipality’s Health & Safety Policy requirements, as provided by the

Municipality’s Health & Safety Committees, may be included as part of each Solicitation Document package.

3.0 Provincial Requirements: 3.1 The successful proponent will be required to show proof of registration with the

WSIB and compliance with the Provincial Retail Sales Tax requirements before the final awarding of the contract takes place.

4.0 Proof of Certification and Insurance: 4.1 The successful proponent must provide the Municipality with a certificate of

insurance showing a liability coverage equivalent to the amount of insurance requested in any Tender, RFP or RFQ of at least two million dollars or an amount as stipulated by the Municipality. The Municipality reserves the right to collect any other proof of licensing or certification as deemed necessary.

5.0 Calling of Bids 5.1 The calling of Bids shall be the responsibility of the Department Head.

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5.2 Bids shall be advertised on the Municipal website’s Bids and Tenders page and may be advertised in local papers and/or major trade publications. This may be varied at the discretion of the responsible Department Head.

5.3 Advertisements for Bids that appear in the local paper will refer the reader to the

Municipal website’s Bids and Tenders page, and will appear with sufficient time between advertising and closing to permit the respondents to obtain the Solicitation Documents, examine the site if applicable, complete and submit the response. It is recommended that at least two weeks be permitted for a Tender or Proposal submission after the advertisement has been published. All Solicitation Documents will be added to the website under the Bids and Tenders page.

5.4 A numbering and tracking system shall be maintained by the Municipality for

Solicitation Documents issued. Each Department Head shall assign the Project number in accordance with the determined protocol (e.g. RFP PW 2019-01 or Tender REC 2019-01).

5.5 When it becomes necessary to revise, delete, substitute or add to the Solicitation

Document for an open Bid, the Department Head shall approve the issuance of an addendum.

5.6 A copy of each addendum shall be forwarded by email, by the Department Head

or his/her designate, to all persons who registered for Solicitation Documents under the Bid, and a copy shall be attached to all undistributed Solicitation Documents. Additionally, addendum will be added to the Municipal website’s Bids and Tenders page.

5.7 When a Bid is received, the envelope shall be date and time stamped and initialed

by the Municipal Clerk or Deputy Clerk. 5.8 All responses received by the Municipal Clerk shall be kept in a safe and secure

location. 5.9 Responses will not be unsealed until the official Bid Opening date and time. 5.10 The number of Bids received, and the names of Bidders are confidential, and shall

not be divulged prior to the Bid Opening. 5.11 Late Bids (those received after the Bid has closed) shall be date and time stamped

and initialed by the receiver. The Bid shall then be returned to the Bidder unopened. Those Bids returned by mail must be accompanied by a covering letter stating that the bid could not be accepted due to late arrival. The return of late Bids will be the responsibility of the Municipal Clerk.

5.12 If any of the above noted requirements are not fulfilled, the Bid submission must

be rejected.

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6.0 Withdrawal of Response to Solicitation Document: 6.1 A Bidder who has submitted a response to a Solicitation Document may request

that the Bid be withdrawn. Adjustments or corrections to a Bid already submitted will not be allowed. The withdrawal will be allowed if the request is made by e-mail directly to the Department Head or his/her designate before the closing time. Telephone requests shall not be considered. The withdrawal shall be confirmed by the Department Head through e-mail.

6.2 When a withdrawal request is made in person, the requester shall sign a

withdrawal form confirming the request. When requests are made by mail, fax or e-mail, they shall be confirmed by the same method prior to acceptance.

6.3 Bids confirmed as withdrawn prior to closing time shall be returned unopened. 6.4 The withdrawal of a Bid does not disqualify a Bidder from submitting another

response on the same contract. 6.5 Withdrawal requests received after the Bid closing time will not be allowed. 7.0 Bid Opening: 7.1 Bid Openings shall take place as soon as practical after the closing time. 7.2 Bid Openings shall be conducted in public by the Municipal Clerk and the

Department Head who issued the Solicitation Document. 7.3 If required information is NOT found enclosed with a response, or if items are

missing from the Bid document (e.g. the Bid deposit cheque), the response shall be considered to be an “Incomplete Bid”. Acceptance or Rejection of the Bid shall be determined through the table in 8.2 of this Appendix.

7.4 When Bids have been opened and sorted, the Municipal Clerk or his/her designate

shall check the number of responses opened to ensure that all Bids received are accounted for. If a discrepancy occurs, the Bid Opening proceedings shall be delayed until all responses have been accounted for.

7.5 When all Bids have been accounted for, the Municipal Clerk or his/her designate

shall announce for each contract the contract name, number, the number of Bids received, the name of the Bidders and their total Bid amounts.

7.6 After the Bid amounts have been read, the Municipal Clerk or his/her designate

shall prepare, in order of Bid amount from low to high, a list of respondents, Bid amount, deposit cheque amount, and a notation if it is an Incomplete Bid.

7.7 When all responses for a Solicitation Document have been read out and the

Municipal Clerk or his/her designate has recorded the information, he/she shall

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close off the Record of Bid Opening (see Appendix 8) by drawing a diagonal line in the unused spaces under the information listed and sign the form.

7.8 During the reading out of responses, the Municipal Clerk or his/her designate,

shall check for more than one Bid under the same name. If two Bids for the same contract are received in the same Bidder’s name and are both properly submitted the lower Bid amount shall be considered the intended Bid and shall be processed in the normal manner.

7.9 Bid deposits, where required, shall be in the form of cash, money order, certified

cheque or approved letter of credit. The Director of Finance and Administrative Services (Treasurer) shall hold securities for safekeeping. Deposits shall be refunded, without interest, and securities shall be returned upon successful completion of the contract.

7.10 Following the Bid Opening, the Municipal Clerk shall return any responses and

deposit cheques that were withdrawn during the opening to the Bidder by regular mail or by hand, unless otherwise stated. If a response and deposit cheque are returned by hand, a letter acknowledging receipt must be signed by the Bidder.

8.0 Checking Responses: 8.1 All responses shall first be checked by the Department Head or his/her designate to

ensure that;

(a) The Bidder’s name and Bid amount shown on the Record of Bid Opening (Appendix 8) are correct;

(b) The Bid form is signed as necessary, sealed or witnessed; (c) The correct Bid form has been used; (d) Each Bid envelope is time and date stamped prior to the Solicitation Document

closing time; (e) The Bid deposit is sufficient and in an acceptable form; (f) Each item on the Bid has been costed; (g) All extensions and totals for each Bid are correct. If an extension or total is

incorrect, the checker shall cross out the incorrect figure, enter the correct figure in red and initial the entry. The checker shall initial each Bid adjacent to the total certifying that it has been checked and is correct;

(h) The Bid is free of restrictions or alterations; and (i) All other response requirements have been met.

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8.2 During the completion of preliminary checking procedures, Bidding Irregularities shall be noted on the Record of Bid Opening. This notation must clearly state the reason.

Irregularity Response 1. Late Bid Automatic Rejection. Not opened or read

publicly. Submission to be returned to submitter.

2. Unsealed Envelopes Automatic Rejection. Not opened or read publicly. Submission to be returned to submitter.

3. Insufficient Financial Security Automatic Rejection. 4. Bids not completed in non-

erasable ink. Bids not signed in non-erasable ink.


5. Incomplete Bids (Part bids – all items not Bid)

Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the incomplete item is trivial and insignificant

6. Qualified Bids (Bids that have been qualified or restricted by an attached statement)

Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the qualification or restriction is trivial and insignificant

7. Bids received on documents other than those provided by the Municipality.

Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the matter is trivial and insignificant

8. Bids contain Minor Obvious Clerical Errors.

Optional Rejection by the Municipality if, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the matter is trivial or insignificant. If not rejected, the Municipality may provide 48 hours to the bidder to correct and initial errors

9. Failure to execute Agreement to Bond (Performance Security) or Bonding Company signature is missing from the Agreement to Bond.


10. Failure to execute Bid Security (Financial Security)


11. Other Bid Security (Uncertified Cheques)


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12. Document Execution (Signature missing)


13. Erasures, Overwriting or Strikeouts which are not initialed:

a.) Uninitialed changes to the Bid Documents which are minor such as the Respondent’s address is amended by overwriting but not initialed.


b.) Unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals ARE consistent with the price, as amended.


c.) Unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals ARE NOT consistent with the price, as amended.


14. Documents, in which all necessary Addenda containing financial implications have not been acknowledged.


15. Failure to attend Mandatory Site Meeting


16. Other Minor Irregularities Department Heads and the Director of Finance and Administrative Services (Treasurer) shall have authority to waive minor irregularities, which they jointly consider, in their sole discretion to be minor.

17. Any Irregularity Despite the provisions herein contained, Council may waive any irregularity where it considers it to be in the best interest of the Municipality.

8.4 The Department Head or his/her designate shall prepare a recommendation to

Council to award to the Successful Bidder, if required under Appendix 4. 9.0 Bid Award: 9.1 For Bids valued at $100,000.00 or greater, Council shall review the recommendation

of the Department Head or his/her designate and make an award.

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35

9.2 Awards may be made to the lowest cost Bidder who has complied with the terms and conditions of the Solicitation Document, all other factors being equal. However, in addition to price, consideration of factors as set out below may result in the acceptance of a Bid other that the lowest cost Bid. Each Bid shall be scored by the Review Team on pre-established criteria to determine the Highest Scoring Bidder. These criteria shall be expressly contained in the Solicitation Document

(a) Ability and experience to perform in accordance with the Scope of Work defined

in the Solicitation Document (b) Financial and technical resources (c) Knowledge of the Municipality’s operations, systems and services (d) Compatibility with other Goods and Services of the Municipality (e) Any other factors, which may be set out in the Solicitation Document.

9.3 In the event that more than one Bidder has submitted a response in the same

amount, then the Bid to be accepted shall be decided by means of a draw. The names of the tied Bidders shall be placed in a container and the Bid to be awarded shall be drawn by the Municipal Clerk. The time and location of the draw shall be set by the Municipal Clerk and the Bidders shall be notified in order that they may be present.

9.4 Upon the award of the contract, the Department Head or his/her designate shall

immediately send a Notification of Acceptance to the Successful Bidder advising him/her that his/her Bid has been accepted and advising that documents will follow for execution from the appropriate Department Head or his/her designate.

9.5 When the contract has been prepared by the Department Head or his/her designate

and submitted to the contractor for execution, a copy must be sent to the Municipal Clerk. The Municipal Clerk will prepare a by-law for Council’s authorization of execution, when the contract value is $100,000.00 or greater. The contractor will be allowed ten (10) working days between the date of mailing the Agreement and the date the executed contract must be returned to the Department Head or his/her designate. The original signed Agreement will be forwarded to the Municipal Clerk for execution.

9.6 If the contract has been awarded and the Successful Bidder fails to provide a

contract bond, cash or other acceptable collateral within the specified time, the Department Head, or his/her designate, in consultation with the Director of Finance and Administrative Services (Treasurer) may grant additional time to fulfill the necessary requirements or may recommend one of the following:

a) That the contract shall be awarded to the Second Highest Scoring Bidder; b) That the contract shall be cancelled.

9.7 In either of the above cases, the deposit cheque of the Successful Bidder shall be

forfeited. If the contract is to be awarded to the Second Highest Scoring Bidder, his/her deposit cheque shall be retained until he/she has completed the contract to the satisfaction of the Department Head or his/her designate.

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9.8 If the Second Highest Scoring Bidder fails or declines to execute the contract if

awarded to him/her, his/her deposit shall also be forfeited. 10.0 Request for Supplier Qualifications (RFSQ) 10.1 The RFSQ is a process to pre-qualify suppliers to compete for discrete work

assignments involving the delivery of a particular type of Goods and Services that may be required during the term of a Qualified Supplier Roster. Suppliers that have been approved on a Qualified Supplier Roster by The County of Northumberland may also be eligible to compete for these discrete work assignments.

10.2 Qualified Supplier Rosters are approved in the same manner as single item

purchases, within the Delegated Authority as determined in Appendix 4. If the annual budgeted amount for particular Goods and Services exceeds the Delegated Authority for staff, the Qualified Supplier Roster shall be approved by Council.

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Appendix 6 – Delegation of Authority Form Date ____________________________________________ From____________________________________________ Report Recommendation I, _________________________________ approve under Delegation of Authority: To enter into an Agreement with_______________________________________

Name of Company for the quoted price of $_______________________, plus HST. Background The acquisition of the_____________________________________is part of the approved_________ budget submission. Quotations were requested and were received from the following vendors and are attached to this report.

Company Name:

Sub-total

HST

Total:

N/B – no Bid * Does not meet required specifications

Page 1 of 2

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38

Financial Statement: The purchase of the________________________________was part of the approved ________budget submission. Funds have been provided in the following accounts: G/L Budget $

Paid & Committed

$

Balance Available $ This Request $

Balance $ Certification of funds availability: ______________________________________________________________________ Director of Finance and Administration APPROVAL: Approved through Delegation of Authority: Procurement Policy, Appendix 4 ________________________________________________________________________Chief Administrative Officer **Supporting Documentation Attached

Page 2 of 2

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Appendix 7 – Procurement Notification Form


Bid Number _____________________ for the procurement of ___________________________________________________ closed on (date and time) _________________________________________________ The Bid was awarded on (date) _____________________________________________ The value of the Successful Bid is $______________________ Department Head Name Title

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Appendix 8 – Record of Bid Opening

Name of Solicitation Document (eg RFP PW 2019-01)

Description of Goods and Services

BIDDER NAME BID AMOUNT (before HST)

Opened by: Name of Clerk or Deputy Clerk ________________________________ Signature Name of Department Head ________________________________ Signature Date and Time of Bid Opening

Page 366 of 371

Corporate Services Services corporatifsCT’sJStephen CoveyChief of Police Chef de Ia Policeand Chief Security Officer et de a sécurité

www.cn.ca 935 de La Gauchetiêre Street West 935 rue de La Cauchetière Quest1 Floor 1 5’ etageMontreal, Quebec H3B 2M9 Montréal (Québec) H3B 2M9Canada Canada

June 28, 2019

Office of the ClerkMunicipality of Brighton35 Alice StreetP.O. Box 189Brighton ON KOK 1 HO

Dear Sir! Madam:

2019 is a very special year for CN as it marks our 100th anniversary. From the start, onJune 6, 1919, safety has always been a core value at CN.

We are on a journey to become the safest railroad in North America. In addition toreinforcing a strong safety culture among our 25,000 employees, we collaborate withcommunities and local authorities to help prevent accidents and injuries at rail crossings,and ensure everyone’s safety on and around railroad infrastructure.

This year, Rail Safety Week will be held in Canada from September 23-29. Hand in handwith Operation Lifesaver, CN Police Service officers and other CN employees will be incommunities conducting hundreds of safety initiatives throughout the week. As proudpartners, our commitment is to keep communities safe by raising rail safety awareness year-round

Safety is a shared responsibility

Last year, your Council joined the safety efforts of many other Canadian municipalities byadopting a resolution in support of Rail Safety Week. For this initiative, I thank you.

Rail safety is everyone’s responsibility and, by looking out for each other and workingtogether, we can help keep our communities safe and prevent fatalities and injuries on ornear railway property.

Your council can continue to be a powerful ally in this effort to save lives by once againadopting the enclosed draft resolution. Please send a copy of your resolution by mail ore-mail to [email protected] and let us know how you will be promoting rail safety in yourcommunity this year.

For additional information about Rail Safety Week 2019, please consultwww. cn. ca/railsafety or www. operationlifesaver. ca.

SOPERATIONLIFESAVER

RECEOVEDJUL 1 2019

6no;i

Yours sincerely,

Stephen Covey

End.

Page 367 of 371

(Draft Resolution)

RESOLUTION IN SUPPORT OF RAIL SAFETY WEEK

Whereas Rail Safety Week is to be held across Canada from September 23 to 29,2019;

Whereas it is in the public’s interest to raise citizens’ awareness of the dangers ofignoring safety warnings at level crossings and trespassing on rail property to reduceavoidable deaths, injuries and damage caused by incidents involving trains andcitizens;

Whereas Operation Lifesaver is a public/private partnership whose aim is to work withthe public, rail industry, governments, police services, media and others to raise railsafety awareness;

Whereas CN has requested City Council adopt this resolution in support of itsongoing efforts to raise awareness, save lives and prevent injuries in communities,including our municipality;

It is proposed by Councillor

_______________________________________

seconded by Councillor

_______________________________________

It is hereby RESOLVED to support national Rail Safety Week to be held fromSeptember 23 to 29, 2019.

Page 368 of 371

July 19, 2019

Village of Sodus Point8356 Bay StreetSodus Point, NY 14555

Attention: Tracy Durham, Village Clerk rfreasurer

Dear Tracy Durham:

Re: Resolution from the Village of Sodus Point, dated July 1, 2019, Regarding aResolution to Recommend that the International Joint Commission Plan beRescinded

Council considered your correspondence at their meeting on July 4, 2019 and adoptedthe following resolution:

“Be it resolved that the correspondence from Tracy Durham, Clerk, Village of SodusPoint, Wayne County, New York, dated July I, 2019 be received and that Councilsupports the recommendation that the International Joint Commission Plan 2014 berescinded, and that a copy of the resolution be sent to Kim Rudd, MP, David Piccini,MPP, AMO, Northumberland County and the local municipalities on Lake Ontario.

For the information of those copied on this resolution, a copy of the resolution from theVillage of Sodus Point is attached.

Since rely,

2’ a -

Lois O’Neill-Jackson, CMO, M.P.A.Interim Deputy ClerklSpecial Projects/HR Co-ordinator

c: Kim Rudd, MP, Northumberland — Peterborough SouthDavid Piccini, MPP, Northumberland -Peterborough SouthWarden and Council, Northumberland CountyMayor and Council, Town of Port HopeMayor and Council, Town of CobourgMayor and Council, Township of CramaheMayor and Council, Township of Brighton

Attached

Township atAInwick/Flaldimand, 10836 County Road 2, P.O. Box 70, Graftt ii, Ontario KOK 2G0ThI: L3fl334q.,3n Fax: 905-349-3259 E-maiL [email protected] Page 369 of 371

Resolution 2019-6a to recommend that International Joint Commission Plan 2014be rescinded.Whereas, Lake Ontario is a regional, national and international resource; and

Whereas, Great Sodus Bay is a vital economic and recreational resource to the Village of Sodus Point, Town of Sodus,Town of Huron and the County of Wayne; and

Whereas, the lake levels are managed by the St. Lawrence River Board of Control under the jurisdiction of theInternational Joint Commission comprised of commissioners from both the United States and Canada; and

Whereas, the adoption of Plan 2014 by the International Joint Commission (UC) has substantially contributed to thedamage being caused a1ong the lakeshore including Sodus Bay; and

Whereas, the Village of Sodus Point, it’s residents and loca businesses are once again incurring substantial damage tothe properties along and around Sodus Bay whch has threatened not only the economic vitality of the area but also thelife and safety of residents and visitors to Sodus Bay while at the same time causing severe property damage in andaround Sodus Bay: and

Whereas, the Village of Sodus Point in conjunction with the County of Wayne has experienced significant added expenseas a result of efforts to keep the high water from further impacting the Village; and

Whereas, the flooding experienced again this year threatens municipal infrastructure; and

Whereas, it is conceivable and reasonable to expect future fiooding as was experienced in 2017 and is beingexperienced now in 2019 which in great part is caused by the implementation of Plan 2014,

Now therefore be it reso;ved by the Village Board of the Village of Sodus Point as folows:

1, The International Joint Commission immediately rescind and suspend Plan 2014 and fall back to Plan SSDD. TheVillage fLrther requests that any plan developed to succeed these plans protects the interests of themunicipality, the first responders, visitors and residents

2. As provided in the treaty forming the international Joint Commission, funding to municipalities and riparianproperty owners must be provided to plan and implement flood prevention, mitigation, response and recoverycommensurate with anticipated increases in flooding, erosion and damages.

3. Any committee or task force created to review mitigation and safety plans fronting the Great Lakes must conta1na representative of the Village of Sodus Point.

CERT[FICATE OF CLERK

STATE OF NEW YORK:COUNTY OF WAYNE: SS:VILLAGE OFSODUS POINT

I, Tracy B Durham_____ , Village Clerk of the Village of Sodus Point, Wayne County, New York,DO HEREBY CERTIFY that I have compared the foregoing resolution duly adopted by the Village Board ofthe Village of Sodus Point on the 20’ ofiune, 2019 with the original of such resolution now on File in myoffice, and the same is a correct and true copy of said original resolution and of the whole thereof.

ifl

__________________

Village ClerldTreasurer Date: 7/1/19

Page 370 of 371

The Corporation of theTown of Cobourg Resolution

Moved By

______________________

Resolution No.:

Last Name Printed

_______________________

Seconded By

_______________________

Council Date:

Last Name Printed July 2, 2019

WHEREAS at the Committee of the Whole on June 24, 2019, Council considered apresentation from Sarah Delicate, Spokesperson, United Shoreline Ontario (USO); and

WHEREAS the International Joint Commission (IJC) approved Plan 2014, a Plan toregulate water levels and flows in Lake Ontario and the St. Lawrence River to protectagainst extreme water levels, to restore wetlands and to prepare for climate change, hashad deleterious effects on the shorelines of the Town of Cobourg and other municipalitiessurrounding Lake Ontario; and

WHEREAS Plan 2014 proposed that average annual coastal damages on the LakeOntario shoreline would be approximately $46 million under natural conditions, andapproximately $20 million under Plan 2014; and

WHEREAS in 2019 Lake Ontario has exceeded the record daily peak of 75.88 m whichwas experienced from May 25 to May 28, 2017 and that peak was 82 cm above averagefor this time of year; and

WHEREAS the water level is expected to continue to rise due to record high water levelsin the other Great Lakes that drain into Lake Ontario, reaching its peak within 1-3 weeks;and

NOW THEREFORE BE IT RESOLVED THAT the Corporation of the Town of Cobourgrequests that the Federal and Provincial Governments conduct a formal investigation intothe flooding events of 2017 and 2019 in affected communities along the Lake Ontario andthe St. Lawrence River, specifically the economic impacts and damage to infrastructure;and

FURTHER THAT the International Joint Commission (IJC) approved Plan 2014 beevaluated and measured for effectiveness and verifiable impacts by the Federal andProvincial Governments; and

FURTHER THAT the provincial and federal governments strike a Committee to reviewmitigation and safety plans for the communities fronting the Great Lake and the St.Lawrence Seaway; and

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FURTHER THAT the Municipality advocate that our Federal Partners work with the IJCto develop a new flood plans that better protects the interests of Municipalities,Emergency procedures and Riparian’s; and

FURTHER THAT Council authorize the Mayor to engage with government and non-government organizations and agencies involved with Lake Ontario flood mitigation; and

FURTHER THAT the IJC, as required by the Boundary Water Treaty, protect andindemnify the Town of Cobourg and the Town’s shoreline residents and business ownersfrom all damages resulting from Plan 2014; and

FURTHER THAT this Resolution be forwarded to The Right Honourable Justin Trudeau,Prime Minister of Canada, The Honourable Kim Rudd, MP, NorthumberlandPeterborough South, The Honourable Doug Ford, Premier of Ontario, The HonourableDavid Piccini, MPP, Northumberland-Peterborough South, The Honourable Steve Clark,Minister of Municipal Affairs, Andrew M. Cuomo, Governor of New York State, the GreatLakes International Joint Commission (IJC), and to all other Ontario municipalitiessurrounding Lake Ontario and the St. Lawrence River through the Association ofMunicipalities of Ontario (AMO).

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Date post:	13-Apr-2022
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