LSRCA – Board of Directors Meeting Agenda BOD-07-19 July 26, 2019 - Page 2 of 5
I. DECLARATIONS OF PECUNIARY INTEREST
II. APPROVAL OF AGENDA Pages 1-5
RECOMMENDED: THAT the content of the Agenda for the July 26, 2019 meeting of the LSRCA Board of Directors be approved as presented.
III. ADOPTION OF MINUTES
a) Board of Directors Pages 6-10 Included in the agenda is a copy of the minutes of the Board of Directors’ Meeting No. BOD-06-19 held on Friday, June 28, 2019. RECOMMENDED: THAT the minutes of the Board of Directors’ Meeting No. BOD-06-19
held on Friday, June 28, 2019 be approved as circulated.
IV. ANNOUNCEMENTS
V. PRESENTATIONS
a) LSRCA’s Afforestation Program
Manager, Forestry and Greenspace Services, Phil Davies, will provide the Board with an overview of LSRCA’s Afforestation Program. This presentation will be provided at the meeting. RECOMMENDED: THAT the presentation Manager, Forestry and Stewardship, Phil
Davies, regarding an overview of LSRCA’s Afforestation Program be received for information.
b) LSRCA’s Second Quarter 2019 Financial Report Pages 11-19 Manager, Finance, Katherine Toffan, will provide the Board with an overview of LSRCA’s Second Quarter 2019 Financial Report. This presentation will be provided at the meeting. RECOMMENDED: THAT the presentation by Manager, Finance, Katherine Toffan,
regarding LSRCA’s Second Quarter 2019 Financial Report be received for information.
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LSRCA – Board of Directors Meeting Agenda BOD-07-19 July 26, 2019 - Page 3 of 5
Included in the agenda is Staff Report No. 36-19-BOD prepared by Manager, Finance, Katherine Toffan, regarding LSRCA’s Second Quarter 2019 Financial Report. RECOMMENDED: THAT Staff Report No. 36-19-BOD regarding LSRCA’s Second Quarter
Financial Report for the period ending June 30, 2019 be received for information.
VI. HEARINGS
There are no Hearings scheduled for this meeting.
VII. DEPUTATIONS
There are no Deputations scheduled for this meeting.
VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
(Reference Pages 4 and 5 of the agenda)
IX. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
X. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
XI. CLOSED SESSION
The Board will move to Closed Session to deal with confidential matters.
RECOMMENDED: THAT the Board move to Closed Session to deal with confidential matters; and
FURTHER THAT the Chief Administrative Officer, members of the
Executive Management Team, and the Coordinator BOD/CAO remain in the meeting for the discussion.
The Board will rise from Closed Session and report findings. RECOMMENDED: THAT the Board rise from Closed Session and report findings. a) 2019 Conservation Awards Recipients
Confidential Staff Report No. 41-19-BOD will be provided to Board members prior to the meeting.
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LSRCA – Board of Directors Meeting Agenda BOD-07-19 July 26, 2019 - Page 4 of 5
RECOMMENDED: THAT Confidential Staff Report No. 41-19-BOD regarding the recipients for LSRCA’s 2019 Conservation Awards be received for information.
b) Legal Matter Confidential Staff Report No. 42-19-BOD will be provided to Board members prior to the meeting. RECOMMENDED: THAT Confidential Staff Report No. 42-19-BOD regarding a
confidential legal matter be received for information. c) Legal Matter Confidential Staff Report No. 43-19-BOD will be provided to Board members prior to the meeting. RECOMMENDED: THAT Confidential Staff Report No. 43-19-BOD regarding a
confidential legal matter be received for information.
XII. OTHER BUSINESS
a) Next Meeting The next scheduled meeting of the Board of Directors is 9:00 a.m. on Friday, September 27, 2019. This meeting will be held at LSRCA’s Newmarket offices.
XIII. ADJOURNMENT
AGENDA ITEMS
1. Correspondence Pages 20-21
Correspondence items included in this agenda are as follows: a) June 21, 2019 letter from MMAH Minister Steve Clark regarding flood mitigation project
funding under the federal National Disaster Mitigation Program.
RECOMMENDED: THAT correspondence listed in the agenda as Item 1a) be received for information.
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LSRCA – Board of Directors Meeting Agenda BOD-07-19 July 26, 2019 - Page 5 of 5
FURTHER THAT the attached updated Purchasing Policy be approved, effective immediately.
3. Single Source Professional Services Agreement Award to Greenland Consulting Engineers Inc. Pages 42-44
RECOMMENDED: THAT Staff Report No. 38-19-BOD regarding a Single Source
Professional Services Agreement Award to Greenland Consulting Engineers Inc. to undertake the Alcona NDMP Flood Relief Class EA be received; and
FURTHER THAT LSRCA be directed to enter into a Professional
Services Agreement Award with Greenland Consulting Engineers Inc. 4. Mid-Year Monitoring Report – Planning and Development
Applications for the Period January 1 through June 30, 2019 Pages 45-49
RECOMMENDED: THAT Staff Report No. 39-19-BOD regarding monitoring of planning and development applications for the period January 1 through June 30, 2019 be received for information.
5. Local Planning Appeal Tribunal Matter Update
Town of East Gwillimbury Comprehensive Zoning By-law Pages 50-56
RECOMMENDED: THAT Staff Report No. 40-19-BOD providing an update on the LPAT matter concerning the Town of East Gwillimbury Comprehensive Zoning By-law be received; and
FURTHER THAT Staff be directed to continue settlement
negotiations to achieve a mutual settlement agreement respective of LPAT Guidelines.
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LSRCA Board Members Present: LSRCA Staff Present:
Regional Chairman W. Emmerson, Chair M. Walters, Chief Administrative Officer
Councillor S. Macpherson, Vice Chair C. Ali, GM, Watershed Restoration Services
Mayor D. Barton R. Baldwin, GM Planning & Development
Mayor D. Bath-Hadden M. Critch, GM, Corporate and Financial Services & CFO
Mayor B. Drew B. Kemp, GM, Conservation Lands
Councillor A. Eek B. Longstaff, GM, Integrated Watershed Management
Councillor K. Ferdinands K. Christensen, Director, Human Resources
Councillor P. Ferragine K. Yemm, Director, Corporate Communications & Engagement
Councillor W. Gaertner T. Barnett, Coordinator, BOD/CAO
Mayor V. Hackson B. Booth, Director, Regulations
Councillor S. Harrison-McIntyre K. Kennedy, Land Securement Officer
Councillor C. Riepma D. Lembcke, Manager, Environmental Science and Monitoring
Regional Councillor T. Vegh S. McKinnon, Manager, Budget and Business Analysis
Councillor A. Waters
Guests:
Regrets: Councillor R. Gilliland, Aurora
Councillor N. Harris J. Manalo, York Region
Mayor M. Quirk M. Rabeau, York Region
Councillor E. Yeo
Township of Ramara
In recognition of the National Indigenous Peoples Day on June 21st, Chair Emmerson began the meeting with land acknowledgement.
I. DECLARATION OF PECUNIARY INTEREST
None noted for this meeting.
II. APPROVAL OF THE AGENDA
Moved by: C. Riepma Seconded by: A. Eek
BOD-088-19 RESOLVED THAT the content of the Agenda for the June 28, 2019 meeting of the LSRCA Board of Directors be approved as presented. CARRIED
III. ADOPTION OF THE MINUTES
a) Board of Directors’ Meeting – May 24, 2019
Moved by: V. Hackson Seconded by: S. Macpherson
BOARD OF DIRECTORS’ MEETING
No. BOD-06-19 – Friday, June 28, 2019
120 Bayview Parkway, Newmarket, ON
MINUTES
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Lake Simcoe Region Conservation Authority Board of Directors’ Meeting BOD-06-19 June 28, 2019 – Minutes Page 2 of 5
BOD-089-19 RESOLVED THAT the minutes of the Board of Directors’ Meeting No. BOD-05-19 held on
Friday, May 24, 2019 be approved as circulated. CARRIED
b) Budget Committee Meeting – May 24, 2019 Moved by: V. Hackson Seconded by: S. Macpherson BOD-090-19 RESOLVED THAT the minutes of the Board Budget Committee meeting held on Friday,
May 24, 2019 be approved as circulated. CARRIED
IV. ANNOUNCEMENTS
a) CAO Walters thanked Board members for attending the 31st Annual LSCF dinner on June 12th, noting the preliminary results show that the goal of $200,000 was slightly exceeded. He gave special thanks to Vice Chair Macpherson for securing a $5,000 donation to from the Barrie Colts Organization.
b) Chair Wayne Emmerson advised Board members that he recently attended the quarterly Conservation Ontario Council meeting where there was a lengthy discussion about timing for permitting and the Provinces wishes for cutting the timing in half. He noted it was a good meeting with good discussion and in the end, common ground was found.
c) CAO Walters was pleased to provide Board members with copies of LSRCA’s Budget Book and Budget Companion Document, which are distributed to all municipal partners and provide a great summary of how funds are utilized.
a) General Manager, Conservation Lands, Brian Kemp, was pleased to update Board members regarding the Scanlon Creek Operations Centre renovation project, noting that the permit has been received, crews are on site and demolition began on June 17th. The contractor, WS Morgan from Parry Sound, is expected to complete the renovations by January 2020.
V. PRESENTATIONS
a) York Durham Sewage System Forcemain Twinning Project Representatives from the Regional Municipality of York’s Environmental Services Department, Mike Rabeau, Director, Capital Planning and Delivery, and Jose Manalo, Program Manager, provided the Board with an update on the York Durham Sewage System (YDSS) Forcemain Twinning Project. The project is just beginning and will see the construction of a new major sewage pipe (forcemain) running parallel to the existing forcemain through the Town of Newmarket. The project includes: building a new twinned forcemain to move wastewater from the Newmarket Pumping Station to the Aurora Pumping Station; building a new twinned forcemain to move wastewater from the Bogart Creek Pumping Station to the new forcemain; and changes to the Newmarket and Bogart Creek Pumping Stations to connect to the new twinned forcemain. The work will improve the reliability of the sewage system and allow for future maintenance on the existing forcemain.
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Lake Simcoe Region Conservation Authority Board of Directors’ Meeting BOD-06-19 June 28, 2019 – Minutes Page 3 of 5
Most of York Region’s pumping stations have two (or twinned) forcemains, which provide a back-up forcemain in the case of maintenance or a pipe break. This project will use microtunnelling technology and best constructions practices to minimize disruptions to the public and natural environment while twinning the existing forcemain to provide additional wastewater system reliability in Newmarket. To view this presentation, please click this link: York Durham Sewage System Forcemain Twinning Project Update
Moved by: D. Barton Seconded by: V. Hackson
BOD-091-19 RESOLVED THAT the presentation by Mike Rabeau and Jose Manalo of the Regional Municipality of York regarding the York Durham Sewage System Forcemain Twinning Project be received for information. CARRIED
VI. HEARINGS
There were no hearings at this meeting.
VII. DEPUTATIONS There were no deputations at this meeting.
VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Item No. 2 was identified under items requiring separate discussion.
IX. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Items No. 3 and 4 were identified as items not requiring separate discussion. Moved by: K. Ferdinands Seconded by: T. Vegh BOD-092-19 RESOLVED THAT the following recommendations respecting the matters listed as “Items
Not Requiring Separate Discussion” be adopted as submitted to the Board, and staff be authorized to take all necessary action required to give effect to same. CARRIED
1. Correspondence
There was Correspondence for this meeting.
3. LSRCA Procurement Policy Improvements BOD-093-19 RESOLVED THAT Staff Report No. 33-19-BOD regarding recommended changes to LSRCA’s
Procurement Policy be approved; and FURTHER THAT staff be directed to bring the amended Procurement Policy back to the
Lake Simcoe Region Conservation Authority Board of Directors’ Meeting BOD-06-19 June 28, 2019 – Minutes Page 4 of 5
4. Update on Pre-qualification of Restoration Contractors
BOD-094-19 RESOLVED THAT Staff Report No. 34-19-BOD regarding pre-qualification of contractors to provide Construction Services for Low Impact Development Retrofit Projects, and Construction Services for Natural Heritage Restoration Projects – Grasslands, Wetlands and Streams be approved; and
FURTHER that staff be directed to re-issue the Request for Expression of Interest for
Construction Services for Low Impact Development Retrofit Projects and Natural Heritage Restoration Projects – Wetlands and Stream Restoration in late 2019. CARRIED
X. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
2. LSRCA’s 2020 Budget Assumptions General Manager, Corporate and Financial Services/CFO, Mark Critch, referenced the 2020 Budget assumptions and asked Board member to forward on any budget information or budget pressures that they may hear about. He also noted that in August, LSRCA’s Finance team will host a Finance Day with municipal partners where partner Finance staff will come together to share information regarding their respective municipalities.
Moved by: S. Macpherson Seconded by: A. Waters BOD-095-19 RESOLVED THAT Staff Report No. 32-19-BOD regarding the recommended budget
assumptions for the 2020 fiscal year be approved. CARRIED
XI. CLOSED SESSION Moved by: P. Ferragine Seconded by: A. Eek BOD-096-19 RESOLVED THAT the Board move to Closed Session to deal with a confidential land
matter; and FURTHER THAT the Chief Administrative Officer, members of the Executive Management
Team, the Land Securement Officer and the Coordinator BOD/CAO remain in the meeting for the discussion. CARRIED
Moved by: P. Ferragine Seconded by: T. Vegh
BOD-097-19 RESOLVED THAT the Board rise from Closed Session and report findings. CARRIED a) Confidential Land Matter
Moved by: D. Barton Seconded by: S. Harrison-McIntyre BOD-098-19 RESOLVED THAT Confidential Staff Report No. 35-19-BOD regarding a confidential land
matter be approved. CARRIED
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Lake Simcoe Region Conservation Authority Board of Directors’ Meeting BOD-06-19 June 28, 2019 – Minutes Page 5 of 5
XII. OTHER BUSINESS
a) Due to travel by some members of the Executive Management Team to represent LSRCA at the Thiess
International Riversymposium, the following changes were recommended to the Fall 2019 Board of Directors’ meeting schedule.
Moved by: S. Macpherson Seconded by: A. Waters
BOD-099-19 RESOLVED THAT the meeting scheduled for Friday, October 25th be rescheduled to Friday,
November 8th and the meeting scheduled for November 22nd be cancelled. CARRIED b) Councillor Eek advised that she has been reappointed to the Lake Simcoe Coordinating Committee for
another term. Board members congratulated Councillor Eek on this reappointment and commended her for her commitment to Lake Simcoe.
c) Councillor Gaertner asked what the parameters are respecting donations to LSRCA. CAO Walters noted that all donations come through the Lake Simcoe Conservation Foundation and noted he would send Councillor Gaertner the Foundation’s guidelines.
XIII. ADJOURNMENT
Moved by: P. Ferragine Seconded by: D. Barton BOD-100-19 RESOLVED THAT the meeting be adjourned @ 10:35 a.m. CARRIED Original to be signed by: Original to be signed by: Regional Chairman W. Emmerson Michael Walters Chair Chief Administrative Officer
TO: Board of Directors FROM: Katherine Toffan, Manager Finance DATE: July 18, 2019
SUBJECT: Second Quarter 2019 Financial Report
RECOMMENDATION: THAT Staff Report No. 36-19-BOD regarding LSRCA’s Second Quarter
Financial Report for the period ending June 30, 2019 be received for information.
Purpose of Staff Report: The purpose of this Staff Report No. 36-19-BOD is to provide the Board of Directors with a summary of financial activities for the period ending June 30, 2019, as they relate to the 2019 budget approved by the Board on March 22, 2019. Staff have also used this report to forecast, at a corporate level, the estimated year-end financial position of LSRCA, along with high level issues and trends that staff will be observing through the end of the year. Background: The Budget Status Reports have been developed for the use of the Board and management, use the same format as the approved budget, and provide a status update on the programs and projects that fall under LSRCA’s seven service areas: Corporate Services, Ecological Management, Education & Engagement, Greenspace Services, Planning & Development Services, Water Risk Management and Watershed Studies & Strategies.
Issues:
The 2nd quarter is on track but there are some variances that could impact LSRCA year-end financial position. The 2019 Q2 Corporate Budget Status report attached in Appendix 1 reports a minor surplus position of $26K. The drivers of this surplus and related actions are outlined in the table below:
Summary of Financial Position by Harmonized Service Area Surplus/
(Deficit)
Drivers
Actions
Corporate Services (2) Minor overages on administrative expenses
Monitor to ensure year-end spending is in line with 2019 Budget
Ecological Management 4 Spring tree planting revenues and bulk seedling sales
Any surplus will be transferred to Rate Stabilization Reserve at year end.
Planning & Development Services
23
Underspending due to salary gapping in planning and regulations
Monitor to ensure there continues to be no service level gaps in Q3 & Q4
Overall Corporate Surplus /(Deficit) at June 30
26
Relevance to Authority Policy: In keeping with LSRCA Policy, this staff report has been prepared to provide a Q2 financial update on the current overall financial positon, project expenditures, opportunities and risks as they relate to the 2019 approved budget. Impact on Authority Finances: a) Revenues Revenues from the Lake Simcoe Phosphorous Offsetting Program (LSPOP) continue to be slower than anticipated. Changes to the Development Charge Act and the related impact on local DC Bylaws has caused short term delays in developers moving ahead on their projects. This impacts the collection of development charges for municipalities and LSPOP revenue for LSRCA. Staff will continue to monitor the ongoing expenditures and fee forecasts for Q3 and Q4 and update the Board of Directors through the Q3 update. Staff anticipate the need to use reserves to cover the majority operating expenditures in 2019 but have taken steps to minimize the short term impact on LSRCA’s finances through delayed hiring, shifting work to other offsetting programs and delaying discretionary program spending.
Source Water Protection funding for 2019/20 was confirmed in July of 2019. Funding is in line with the assumptions used in the 2019 Budget. b) Expenditures: The project accountant to support the offsetting programs has been deferred into 2020, when revenues are anticipated to cover the expenditure. Unanticipated staff vacancies in Planning and Development have created a minor surplus through June 2019. These positions are expected to be filled in the 2nd half of 2019.
c) Timing Variances: As outlined in Appendix 1 there are some YTD revenue and expense variances that can be attributed to timing. Timing variances occur when expenditures have not happened yet, and accordingly recognition of the related revenue is deferred. Key areas of these variances are:
i. Ecological Management - $2.5M of projects in the Ecological Restoration program include:
Ecological Capital Projects (anticipated to be approved by the Board in the fall)
Grants to Partner/Landowners for projects Projects underway:
Cawthra Mulock Restoration
Luck Property Wetland Restoration
Ghost Canal and Pangman Grassland/Meadow Restoration
ii. Water Risk Management - $850K of projects in the Water Management/ Restoration program include:
Water Balance Capital Projects (anticipated to be approved by the Board in the fall)
Upper Kidds Creek Restoration (at final approval stage)
John Street LID and Sheppard’s Bush (in design phase)
LSPOP Capital Projects (anticipate LSPOP Implementation Committee to recommend in fall of 2019)
Grants to Partner/Landowners for projects
iii. Scanlon Infrastructure (see Appendix 2: Corporate Services Budget Status, Facility Management program). Construction has commenced and is expected to be completed by Q1, 2020.
iv. Asset Management – The consultant has been awarded and the work is expected to commence in August 2019, with completion required by October 31st due to funding timelines from the Federation of Canadian Municipalities (FCM). The Board will be updated on the consultant’s findings (building condition assessments and identification of any infrastructure deficit) in the fall of 2019. Financial recommendations would be applied to budgets beginning in the 2021 budget cycle.
The timing differences above will have a greater impact on the workload of staff but not on the overall financial position, as these are all Special Capital, Provincial and/or Partner funding. d) High Level Forecast to the End of 2019: The Finance department has worked with Program staff to develop a high level forecast of revenues and expenditures through the end of 2019. Staff are forecasting a slight deficit of $82K (less than 0.4% of 2019 Expenditures in the budget). There are some risks and opportunities that that the Board should be aware of:
i) Delays in receiving offsetting revenues will require a draw from reserves of approximately $350K for 2019. The rate stabilization reserve has a healthy balance of almost $800K at the end of June. Offsetting revenues will repay the reserve draws in future years, but the use in the short term certainly limits LSRCA’s ability to have reserves that can accommodate unforeseen financial pressures.
ii) LSRCA will be changing revenue recognition for Special Capital funding for operational
expenditures. This will reduce the deferred revenue at the end of each year and is expected to increase surplus at year end, which is transferred to reserves. The anticipated impact in 2019 is $275K.
iii) MNRF transfer payments were reduced by $64K in 2019. Due to the late timing of the
announcement (after 2019 Budget approval), staff determined that the reductions to expenditures cannot be made until 2020. A draw from reserve for $64K will be made for 2019, with a reduction in expenditures being worked into the 2020 budget (see 2020 Budget Assumptions report).
iv) There was an unanticipated clean-up required on one of LSRCA’s Conservation Area lands,
and although the costs were shared with the municipality, the result will be a deficit of $50K vs the 2019 Budget.
Summary and Recommendations: It is therefore RECOMMENDED THAT Staff Report No. 36-19-BOD regarding LSRCA’s Second Quarter Financial Report for the period ending June 30, 2019 be received for information. Pre-Submission Review: This Staff Report has been reviewed by the General Manager, Corporate & Financial Services/CFO and the Chief Administrative Officer. Prepared by: Katherine Toffan, Manager Finance Original signed by: Original signed by: ______________________________ ______________________________ Mark Critch Mike Walters General Manager, Corporate & Chief Administrative Officer Financial Services/CFO Attachments: Appendix 1 – Q2 Corporate Budget Status Report Appendix 2 – Harmonized Service Area Budget Status Reports
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Lake Simcoe Region Conservation Authority
Q2 Corporate Budget Status Report
For period ending June 30, 2019 (shown in 000's)
2019 Full Year
Budget
2019 YTD
Budget
2019 Actual
YTD
% of YTD
Budget
Revenue :
General Levy 3,898$ 1,949$ 1,344$ 69%
Special Capital Levy & Municipal Partners 7,999 3,999 3,265 82%
Provincial & Federal Funding 1,709 854 722 85%
Revenue Generated by Authority 6,981 3,491 1,854 53%
Other Revenue 437 218 113 52%
Total revenue 21,023 10,512 7,298 69%
Expenses:
Corporate Services 7,002 3,501 2,334 67%
Ecological Management 5,330 2,665 1,441 54%
Education & Engagement 584 292 286 98%
Greenspace Services 998 499 459 92%
Planning & Development Services 3,655 1,827 1,501 82%
TO: Board of Directors FROM: Mark Critch, CPA-CMA General Manager, Corporate and Financial Services/CFO
DATE: July 11, 2019
SUBJECT: LSRCA’s Updated Purchasing Policy
RECOMMENDATION: THAT Staff Report No. 37-19-BOD regarding LSRCA’s updated
Purchasing Policy be received; and FURTHER THAT the attached updated Purchasing Policy be
approved, effective immediately. Purpose of this Staff Report: The purpose of this Staff Report No. 37-19-BOD is to seek the Board of Directors’ approval on the updated Purchasing Policy to ensure a quicker and more efficient procurement process and reduce administrative burden. The changes in the policy are reflective of the changes that the Board of Directors approved on June 28, 2019 (Staff Report No. 33-19-BOD). The changes continue to allow the Board the proper governance over LSRCA’s procurement, while providing business expediency for LSRCA’s daily operations. Background: At their June 28, 2019 meeting, the Board of Directors approved changes to LSRCA’s Procurement Policy* to account for the new process for Offsetting projects to be approved (including delegation of signing authority), updating the signing authority limits, the elimination of low value purchase orders and the introduction of scope and contingency provisions. These updates are very important to ensuring business expediency, while balancing the needs for proper controls and accountability. *Procurement and Purchasing Policy have been used interchangeably but the official policy should be
Issues There are no additional issues with this report. The attached Purchasing Policy incorporates all the Board approved changes from June 2019. Relevance to Authority Policy: Ensuring the Board of Director’s approval on LSRCA’s Purchasing Policy allows for the appropriate governance and oversight of LSRCA’s operations. Regularly reviewing and updating the Purchasing Policy will ensure the right balance in controls/accountability and business expediency at LSRCA. Impact on Authority Finances: The changes to the Purchasing Policy will allow LSRCA to continue to make improvements in line with the Strategic Plan Goal to “build a stronger and more valued organization through business excellence.”
As identified in Staff Report No. 33-19-BOD (June 2019), the recommended changes will enable staff to work more efficiently through the process of procurement and reduce the amount of time required to select the lowest price bidder. Eliminating purchase orders for low cost purchases will reduce the paperwork for staff each day and will not compromise the authorization process. Adding provisions for scope and contingency allows for the unexpected events that tend to happen more with construction projects, without causing delays for additional approvals.
Summary and Recommendations:
It is therefore RECOMMENDED THAT Staff Report No. 37-19-BOD regarding LSRCA’s updated Purchasing Policy be received; and FURTHER THAT attached updated Purchasing Policy be approved, effective immediately.
Pre-Submission Review: This Staff Report has been reviewed by the Chief Administrative Officer. Signed by: Signed by: ___________________________________ __________________________________ Mark Critch CPA, CMA Michael Walters
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
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POLICY: The Lake Simcoe Region Conservation Authority (LSRCA) requires every employee to comply with the purchasing policy and purchasing procedures when making authorized purchases on behalf of the organization. LSRCA is materially funded by local government and therefore transparency, responsible spending, and internal controls over spending are essential requirements to support good governance decision-making. Employees must adhere to all purchasing policies and procedure guidelines when entrusted with procurement responsibility.
1. PURPOSE and OBJECTIVES The purpose of this document is to provide authority & guidelines in relation to purchasing transactions to satisfy the procurement needs of the Lake Simcoe Region Conservation Authority, herein referred to as “LSRCA”. The objectives of this Policy and the methods of Procurement authorized herein are: a) to encourage competition among Bidders; b) to ensure that Bidders, Contractors and Proponents are accountable to LSRCA; c) to ensure openness, accountability and transparency while protecting the financial best interest of
LSRCA; d) to obtain the best value for LSRCA when procuring Goods, Services and Construction; e) to avoid conflicts between the interests of LSRCA and those of LSRCA’s employees and related
parties; and f) to encourage the procurement of goods and services with due regard to the conservation of the
natural environment. Bidders, Contractors, Proponents may be selected to supply goods made by methods resulting in the least damage to the environment and supply goods incorporating recycled materials where proven to be practicable.
2. PROCUREMENT PRINCIPLES AND PRACTICES Procurement affects and is affected by the public sector organization as a whole, and the community it serves, whether at the local, provincial, or national level. Therefore, LSRCA has adopted the Public Procurement Principles and Practices, as follows: Accountability: We take ownership for our actions and we measure our success so that we know if we’re doing the right things in the right way. This value is essential to preserve the public trust and protect the public interest. Ethics: Acting in a manner true to the values listed herein. Acting ethically is essential to preserve the public’s trust. Impartiality:
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LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 3
Unbiased decision-making and action is a value that is essential to ensure fairness for the public good. Professionalism: Upholding high standards of job performance and ethical behavior is a value that is essential to balance diverse public interests. Transparency: Easily accessible and understandable policies and processes are values that are essential to demonstrate responsible use of public funds.
3. APPLICATION This statement of policy applies to all employees. Staff authorized to undertake purchasing functions on behalf of LSRCA should be at all times cognizant of their responsibility to the Board of Directors, funding partners and other members of staff. This policy shall apply to all purchases of Goods, Services, or Construction or Sale of Personal Property, and no purchases shall be authorized unless it is in compliance with this policy. The General Manager, Corporate and Financial Services is authorized to develop and approve procedures to support and implement LSRCA’s Purchasing Policy.
4. DEFINITIONS and INTERPRETATION In this Policy: a) Award means the authorization to proceed with the purchase of Goods, Services or Construction
from a chosen Bidder. b) Bid means a Tender, Proposal, or quotation submitted in response to a Solicitation from LSRCA. c) Bid Review Committee means a formal committee to review bid submissions as required. d) Bidder means the individual or legal entity submitting a Bid. For clarity, the word “Bidder” shall
also include “Proponent”, “Respondent” and “Offeror”. e) Construction means a creation, reconstruction, demolition, repair or renovation of a building,
structure or other civil engineering or architectural work, including site preparation, excavation, drilling, seismic investigations, soil investigations, the supply of products and materials and equipment and machinery if they are included in and incidental to the construction, and the installation, and repair of fixtures of a building, structure or other civil engineering design or architectural work, but DOES NOT include the Consulting and Professional Services related to the construction Contract unless they are included in the specifications for that Procurement
f) Contingency: An allowance to exceed the Purchase Order amount by up to 15%, based on unexpected events. Contingency can only be activated by LSRCA staff. The contingency provision is still subject to proper signing authority thresholds and careful consideration must be given if contingency and/scope provisions require alternate approvals.
g) Contract means the agreement in writing governing the performance of the work which has been executed by LSRCA and the selected Bidder following Acceptance by LSRCA of the selected Bidder’s Bid. A Contract is also an a binding agreement between two or more parties that creates an
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LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 4
obligation to do or provide a particular Good, Service, sale of Real or Personal Property, or Construction for money or other consideration.
h) Contractor means the selected Bidder to whom the Contract is awarded and whom is undertaking the execution of the work under the terms of the Contract. Also, an individual or business having an agreement with LSRCA to furnish Goods, Services, or Construction for an agreed upon price. For clarity, “Contractor” shall also include “Vendor” and “Supplier”.
i) Department means an operational department of LSRCA. j) Department Head means a CAO, General Manager, or Manager who is responsible for the
operational budget to which the purchase is allocated. k) Designate means a person authorized by the CAO, General Manager or Manager to act as their
delegated authority.
l) Direct Award means entering into a contact with a pre-qualified Bidder. Purchase Order scope and
pricing will be negotiated based on negotiated scope and pricing.
m) Division means one of the following business units headed by either the CAO or a General Manager; 1. Office of the CAO 2. Corporate and Financial Services 3. Communication and Education 4. Conservation Lands 5. Planning and Development 6. Integrated Watershed Management 7. Watershed Restoration Services
n) General Manager means the person, or authorized designate, responsible for the direction and operational control of a Division.
o) Goods and Services include supplies, equipment, materials, maintenance and service contracts, including consultants.
p) Offeror means an individual or legal entity that makes an offer in response to a sale of Personal Property.
q) Open Market Procedure is a procedure whereby price quotations are obtained from more than one supplier, either verbally or in writing, through a bid solicitation.
r) Personal Property means tangible or intangible property, other than Real Property, and includes moveable property subject to ownership, with exchange value.
s) Price Agreement means an agreement between LSRCA and the supplier of the goods and services, whereby the supplier commits to LSRCA to provide goods and services, as and when needed by LSRCA, at a pre-determined price, for a pre-determined period of time, upon pre-determined terms and conditions. It does not obligate LSRCA to purchase any goods and services through the price agreement.
t) Proposal means an offer submitted in response to a Request for Proposal, acceptance of which may be subject to further negotiation.
u) Proponent means the individual or legal entity who submits a response to a RFEOI, RFPQ and/or RFP
Page 27 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 5
v) Purchase Order means a written order to a supplier formally stating all terms and conditions for the purchase of goods and services.
w) Quotation means a binding offer submitted in response to a Request for Quotation. x) Related Parties means LSRCA board or staff members’ immediate family and any relative as
defined in LSRCA’s Code of Conduct. y) Request for Expression of Interest or RFEOI means a written, formal non-binding solicitation
document to determine if there is any interest in the market place to provide Goods and Services
and/or Construction that the LSRCA is contemplating procuring. A subsequent call for Bids may
follow an RFEOI.
z) Request for Pre-Qualification or RFPQ means a written, formal, non-binding solicitation document
to obtain detailed information from firms and/or individuals that may include their experience,
financial strength, education, background and personnel, to prequalify to supply Goods and
Services and/or Construction to LSRCA. The RFPQ may precondition to a further call for Bid
opportunity.
aa) Request for Proposal (RFP) means a request for proposals which may or may not result in further negotiations, or the creation of contractual obligations between the parties, depending on the terms of the RFP, for the provisions of goods and services to LSRCA.
bb) Request for Quotation (RFQ) means a request for prices submitted by the supplier. cc) Request for Tender (RFT) means a request for tenders for the provisions of goods and services to
LSRCA. dd) Responsive means that a Bidder has complied in all respects with the requirements set out in the
Bid documentation. ee) RFEOI and RFPQ Review Committees means formal committee to review RFEOI and RFPQ
submissions as required.
ff) Scope: An allowance to exceed the Purchase Order amount by up to 15%, based on an unexpected
change in the scope of the project. Scope can only be activated by LSRCA staff. The change of
scope provision is still subject to proper signing authority thresholds and careful consideration
must be given if contingency and/scope provisions require alternate approvals.
gg) Services means the contract for labour to meet a specific requirement and includes consulting and professional services.
hh) Standing Agreement refers to a master agreement between LSRCA and a supplier for a stated period of time and covering specific goods and services with stated prices, or items of a general category that are covered by a published price list.
ii) Tender means a documented submitted by a Bidder in response to a Request for Tender (RFT), to be used as the basis for entering into a Contract.
5. RESPONSIBILITIES Department Heads shall have the responsibility and authority for procurement activity within the prescribed limits of this policy, and shall be responsible for: a) ensuring all of the purposes, goals, and objectives of section 1 of this policy are complied with;
Page 28 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 6
b) all Procurement activity in their Department within the prescribed limits of this policy, including recommendation of Award and preparing the necessary report to the Board of Directors if required;
c) delegating spending authority limits to Department staff in compliance with this policy and all applicable LSRCA policies;
d) ensuring all procurement activities and decisions are authorized by this policy and are carried out within the financial and other limitations set out herein;
e) ensuring that no Procurement activity or decision in their Department is contrary to this policy and informing the Board of Directors, in consultation with the General Manager, Corporate and Financial Services and the CAO, when serious and material non-compliance has occurred;
f) ensuring that all required documentation (e.g. WSIB clearance, insurance certificate, executed Contract) has been received prior to commencement of any work;
g) monitoring all contract expenditures and ensure that all financial limitations have been complied with and that all accounts are paid within the times set out in the contract;
h) ensuring that all Goods, Services or Construction contracted for have been received as per the terms of the contract;
i) ensuring that all Awards are subject to the identification and availability of sufficient approved funding in appropriate accounts with Board approved estimates prior to awarding a contract;
j) call, open and ensure compliance to the terms and conditions of the call for Bid; and k) administering the RFEOI, RFPQ, RFP, RFQ and/or RFT procedures for all Goods and Services and/or
Construction. The General Manager, Corporate & Financial Services/CFO (GM, Corp & FS), or designate shall be
responsible for:
a) Providing Procurement advice and services to each Department, the CAO, and the Board of Directors for purposes of fulfilling the Procurement needs of LSRCA.
b) All aspects of the Solicitation process and ensuring compliance to the terms and conditions of Bid Documents.
c) All LSRCA goods declared as surplus by a Department Head shall be identified to the GM, Corp & FS for further disposition. An employee shall not personally obtain any goods that have been declared surplus unless through a public process.
d) Ensuring compliance by staff with this policy and reporting non-compliance to the appropriate Department Head, and to the CAO as necessary.
e) Developing appropriate processes or procedures (Purchasing Procedure Guidelines) to ensure that the provisions of this policy are met and to ensure the proper functioning of Procurement for LSRCA.
f) Compliance with section 1 of this policy.
6. AUTHORITY
In the event that a Bid has been approved by the Board of Directors and Awarded to the selected Bidder and the selected Bidder fails to enter into a Contract, the GM, Corp & FS shall be granted the Authority to proceed to the next lowest Compliant and Responsible Bidder or the next highest evaluated
Page 29 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 7
Compliant and Responsible Proponent for the Award of a Contract, without going back to the Board of Directors for approval to Award, providing the requirements remain unchanged and the new Contract is within budget. Prior to such new Award, the GM, Corp & FS shall obtain approval from both the responsible Department Head and the Chief Administrative Officer (CAO). The Department Head shall prepare a report to the Board of Directors for information purposes. The CAO or designate has the Authority to: a) instruct Department Heads not to award contracts and to submit recommendations for Contract
Award to the Board of Directors for approval, and may provide additional restrictions concerning procurement where such action is considered necessary and in the best interest of LSRCA;
b) Award Contracts during the time that regular Board of Directors meetings are suspended provided that a report is submitted to the Board of Directors (as soon as reasonably possible) setting out the details of any Contract Awarded pursuant to this Authority;
c) Award Contracts for an Emergency Purchase, in accordance with Schedule “B” of this policy; and d) delegate spending authority limits to staff in compliance with this policy and all applicable LSRCA
policies.
7. RESTRICTIONS AND EXCEPTIONS 7.1 The acquisition methods described in this policy are not required for the Purchase of those items
listed in Schedule “A” – Exceptions, or as otherwise listed in this policy. 7.2 No Contract or Purchase Order for Goods, Services, or Construction may be divided into two or
more parts to avoid the application of the provisions of this policy; 7.3 No LSRCA employee or Board member shall personally obtain any Real or Personal Property of
LSRCA that have been declared surplus unless it is obtained through a public process. 7.4 No LSRCA employee, Related Parties, or Board member shall Purchase on behalf of LSRCA any
Goods, Services or Construction, except in accordance with this policy. 7.5 All Board members and employees of LSRCA shall declare any Conflict of Interest to the GM, Corp &
FS and the CAO (and to their Department Head if they are an employee of LSRCA), and such persons shall not participate in the Procurement process to which the Conflict of Interest relates.
7.6 All procurement undertaken by the Authority shall be in accordance with the Authority’s Code of Conduct.
7.7 No employee or related party shall accept, directly or indirectly, from any individual, company, firm or corporation to which any contract is, or might be awarded, any gift, benefit, money, discount, favour or other assistance, except: a) gifts of a very small intrinsic value; b) gifts given for the use or benefit of LSRCA; c) moderate hospitality during the normal course of business that would not significantly exceed
what LSRCA, through the employee’s expense account, would likely provide in return; and/or d) where there is no real or perceived impression that a procurement decision(s) has been or will
be adversely affected or influenced by accepting such hospitality.
Page 30 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 8
8. PROCUREMENT APPROVAL AND METHODS 8.1 PRESCRIBED BOARD OF DIRECTORS APPROVAL Save and except for the circumstances in Section 5 of this policy, setting out additional and alternative Authority, the following Awards are subject to the Board of Directors approval; (a) where there is no provision in LSRCA’s annual budget, or annual potential working capital reserve
draw budget for the item subject to the Contract or Purchase Order; (b) any Contract prescribed by a court order; (c) any Award where the Board of Directors has requested final approval to Award. (d) where Authority to approve has not been expressly delegated by the Board of Directors or by
Schedule D – Purchasing Thresholds of this policy. 8.2 BID REVIEW COMMITTEE AND BID IRREGULARITIES A Bid Review Committee shall be established under the following circumstances: a) Review of any tender submission in excess of $100,000.00; b) Review of noted informality or irregularities in a particular bid (such irregularities defined in the
Purchasing Procedure Guidelines); c) There is a challenge to the bid process; d) In the event that 2 or more equal lowest bids are received; or e) Other circumstances where it is deemed helpful to the selection process. A Bid Review Committee shall be composed of, at a minimum, the following members of LSRCA staff: a) a representative from the department requesting the procurement of the goods and services; b) a Department Head who is not responsible for the call for Bids; and c) the GM, Corporate & Financial Services. The Bid Review Committee shall provide a recommendation to the CAO for approval by the Board of Directors. 8.3 RFEOI AND RFPQ REVIEW COMMITTEES
Review Committees shall be established to review and score the submitted RFEOI and RFPQ submissions
received. The Committee will provide a recommendation to the CAO or designate which submissions
meet the minimum experience (RFEOI) and are deemed qualified (RFPQ).
Review Committees shall be comprised of, at a minimum, the following members of LSRCA staff:
a) a representative from the Department requesting the procurement; b) a Department Head who is not responsible for the call for Bids or designate: and c) the GM, Corporate & Financial Services or designate.
8.4 PROCUREMENT METHODS The prescribed standard procurement methods are hereby authorized as the acceptable methods for
the majority of procurement undertaken by or on behalf of LSRCA. The methods may be utilized
individually or in combination with one another, as may be appropriate in the given CIRCUMSTANCES.
Page 31 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 9
Procurement methods #1 to #7 listed below shall comply with the approval requirements set out in
Schedule ‘D’ – Purchasing Thresholds. Prequalification methods #8 and #9 shall comply with the
approval requirements set out in Schedule ‘E’ - Prequalification of Goods and Services and/or
Construction Purchasing Thresholds.
The prescribed standard procurement methods are: 1. Request for expression of Interest (RFI) 2. Request for Pre-Qualification (RFPQ) 3. Low Value Purchase (LVP) 4. Request for Quotation (RFQ) – Informal 5. Request for Quotation (RFQ) – Formal 6. Request for Tender (RFT) 7. Request for Proposal (RFP) 8. Request for Expression of Interest (RFEOI) 9. Request for Pre-qualification (RFPQ)
8.4.1 ALTERNATIVE PROCUREMENT METHODS The prescribed alternative procurement methods are: 1. Emergency Purchases 2. Sole Source Purchases 3. Single Source Purchases The process and procedure details of the prescribed standard and alternative procurement methods are described in LSRCA Purchasing Procedure Guidelines, a supporting document, which is used in conjunction with this policy. Schedule F provides a process map for how Offsetting Projects are approved, based predominantly on the value of the project.
9. CONTRACT EXECUTION Prior to the commencement of the provision of Goods, Services, or Construction, the selected Bidder shall be required to: a) execute a Contract; or b) acquire a Purchase Order from LSRCA, depending on the type and dollar amount threshold of the Procurement as set out in Schedule “D” – Purchasing Thresholds. Where applicable for LVPs, LSRCA staff may utilize P-Cards or LSRCA Credit Cards, for the acquisition of Goods and Services. Where applicable, a selected Bidder shall be required to submit any and all such documents, certificates, and securities as a condition precedent to, and for the performance of, a Contract, at the discretion of the GM, Corporate & Financial Services. Such items may include, without limiting the generality of the foregoing: a Bond, other security for damages in the form of a negotiable instrument, insurance certificates, a certificate of clearance from the Workplace Safety and insurance Board (WSIB), the contractor’s Health & Safety policy, confirmation of compliance with the AODA, and a project schedule.
Page 32 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 10
Contracts will be issued in the form as defined in the Purchasing Procedures Guidelines.
10. CONTRACTOR PERFORMANCE a) The Department Head shall be responsible for monitoring the performance of Contractors and
documenting evidence in writing where the performance of a Contractor has been unsatisfactory in terms of failure to meet contract specifications, performance, terms and conditions, health and safety requirements, environmental protections, or any other violations.
b) A contractor may be prohibited from submitting a bid in response to a call for Bids if their
performance has been deemed unsatisfactory.
11. ACCESS TO INFORMATION The disclosure of information received pursuant to any Procurement process, Solicitation, or the Award of a Contract shall be made in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act and the Personal Health Information Protection Act, as amended.
12. PERSONAL AND REAL PROPERTY Personal Property of LSRCA, such as furniture, vehicles, equipment, stocks of all supplies, and other Goods and materials, which are no longer used by LSRCA or which have become obsolete, worn out, or incapable of being used, shall be identified as surplus by the applicable Department Head. Any disposal or Sale of such surplus items shall be in accordance with the provisions of this policy where applicable. There shall be a process that enables the sale of surplus furniture, vehicles, equipment, stock, supplies and other goods and material that shall be made, through a public process, to the highest responsive compliant bidder and the sale shall be made in accordance with the provisions of this policy where applicable, and the terms of the sale shall be documented. Personal Property shall be disposed of following the processes outlined in the Purchasing Procedure Guidelines. This policy shall not apply to the acquisition or Sale of Real Property. Real Property interests of LSRCA shall be acquired or disposed of in accordance with directions received from the Board of Directors.
13. PROCUREMENT SCHEDULES
The following schedules are included in this policy; a) Schedule A – Exceptions b) Schedule B – Emergency Purchases c) Schedule C – Price Agreement Purchases d) Schedule D – Purchasing Thresholds e) Schedule E - Prequalification of Goods and Services and/or Construction Purchasing Thresholds
f) Schedule F – Process Map for Offsetting Projects Approval
Page 33 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 11
Schedule A – Exceptions
The following items are excluded from Procurement requirements relating to acquisition methods described in this policy. 1. Professional services for standard business services which includes:
a. insurance premiums and expenses; b. legal; c. appraiser; d. land surveyor; e. specific payments related to land purchases and easements; f. real estate agent; g. arbitrator, mediator, and other similar professionals; h. suppliers and entertainers for special events and programs; i. utility charges – including: water, sewer, electricity, natural gas, telecommunication services,
j. postage and courier services; k. LSRCA sponsored employee purchase plans; l. events or programs supporting non-profit organizations.
2. Training and education, including:
a. conferences, courses, conventions and seminars; b. magazines, books and periodicals (including subscriptions thereto); c. membership dues/fees, continuing education, or certification processes; d. facilitators and program hosts; e. staff development, training, and workshops (including all related equipment, resources and
supplies). 3. LSRCA’s General Expenses:
a. payroll, benefit premiums, and employee remittances; b. medical evaluations, consultations, or expenses for related services required by LSRCA; c. vehicle and equipment licenses (vehicle, elevators, software, etc.); d. purchase or disposition of financial investments; e. liability, property and other forms of insurance premiums, payments and adjusting fees; f. adjuster service expenses; g. grants to agencies, and program partners and participants (in accordance with any applicable
LSRCA policies); h. newspaper, social media, or other media advertising/notices; i. LSRCA promotional material; j. ancillary banking or financial services; k. bank charges and brokerage fees;
Page 34 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 12
l. payments regarding Real Property (Building lease payments, etc.); m. tax remittances (all forms); n. charges to and from other governmental bodies (e.g., school boards, federal and provincial
ministries/bodies/agencies); o. payments for employment and temporary help; p. petty cash replacement and; q. honorariums and per diems.
Page 35 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 13
Schedule B – Emergency Procurements
1. An Emergency Purchase may be made when an event occurs that is determined by the CAO to be a threat to any of the following: a) public health; b) requirement to maintain essential services; c) the safety or welfare of persons or public property; or d) the security of LSRCA’s interests and the occurrence requires the immediate delivery for
Goods, Services, or Construction; and time does not permit for competitive Bids.
Page 36 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 14
Schedule C – Price Agreements
1. A call for Bids may be issued in order to establish a price agreement for specified goods and services for a specified period of time.
2. The Authority shall have no obligation to any contractor to order any goods and services under a
price agreement. 3. Goods and services purchased under a price agreement shall be made in accordance with the
provisions of this policy and the Purchasing Procedure Guidelines.
Page 37 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 15
Schedule D – Purchasing Thresholds For the purpose of this policy, the following are the required Procurement methods, approval Authority, and Contract requirements for the specified amount thresholds.
Low Value Purchases, Bids and Proposals
Dollar Thresholds
Method of Procurement
Source of Bids (Advertising)
Authorization Required
Contract/ Commitment Type
up to $2,500 Low Value
Purchases (LVP)
Purchases made from the competitive marketplace
where possible and practicable. Advertising
is not required
LSRCA staff as delegated by the
applicable Department
Manager/ Director
P-Card, or LSRCA Credit Card/Invoice
from vendor
$2,500.01 up to
$15,000.00
Informal Request for Quotation
(RFQ)
Minimum of 3 quotes where possible,
invitational or open competitive procurement
(advertising optional)
Approval required by Department
Manager/ Director
Purchase Order
$15,000.01 up to
$50,000.00
Formal Request for Quotation (RFQ) or Formal Request for
Proposal/Tender (RFP/RFT)
Minimum of 3 quotes where possible,
invitational or open competitive procurement
(advertising optional)
Approval required by Department General
Manager
Purchase Order Contract, if
applicable (executed by the CAO and CFO)
$50,000.01 up to
$100,000.00
Formal Request for Quotation (RFQ) or Formal Request for
Proposal/Tender (RFP/RFT)
Minimum of 3 quotes where possible,
invitational or open competitive procurement
(advertising optional)
Approval required by CAO
Purchase Order and Contract (executed
by the CAO and CFO)
$100,000.01 +
Formal Request for Tender (RFT) or
Formal Request for Proposal (RFP)
Open competitive procurement (advertising
required)
Approval required by Board of Directors
Purchase Order and Contract (executed
by the CAO and Chair)
Emergency Purchases
Up to $100,000
Not applicable Advertising not required CAO Purchase Order if
over $2,500
Over $100,000.01
Not applicable Advertising not required Approval required by
Board of Directors
Purchase Order and Contract (executed
by the CAO and CFO)
Page 38 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 16
Schedule D – Purchasing Thresholds (Continued)
Sole Source, Single Source
Dollar Thresholds
Method of Procurement
Source of Bids (Advertising)
Authorization Required
Contract/ Commitment Type
Up to $15,000
Sole Source, Single Source
Advertising not required Department
Manager/Director Purchase Order if
over $2,500
$15,000.01 to $50,000
Sole Source, Single Source
Advertising not required Approval required by Department General
Manager and CFO
Purchase Order Contract, if
applicable (executed by the CAO and CFO)
$50,000.01 to $100,000
Sole Source, Single Source
Advertising not required CAO and CFO Purchase Order and Contract (executed
by the CAO and CFO)
Over $100,000
Sole Source, Single Source
Advertising not required Approval required by
Board of Directors
Purchase Order and Contract (executed
by the CAO and Chair)
You must have sufficient documentation as outlined in the Purchasing Procedure Guidelines in order to justify the Sole or Single sourcing of goods and services. An annual report of all Sole Source and Single Source purchases not requiring Board approval shall be prepared by the CFO and reported to the CAO.
LSRCA acknowledges some of the content of this policy has been aligned with the Town of Aurora’s By-law Number 5500-13.
Page 39 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 17
Schedule E – Prequalification of Goods and Services and/or Construction Purchasing Thresholds
For the purpose of this policy, the following are the required Procurement methods, approval Authority,
and Contract requirements for the specified amount thresholds.
Prequalification of Goods and Services and/or Construction Purchasing Thresholds Dollar
Thresholds Method of
Procurement Source of Bids (Advertising)
Authorization Required
Contract/ Commitment Type
NA RFEOI Advertising is required in
such a manner as directed by the CFO
Approval required by CAO or designate
NA
NA RFPQ Selected Proponents by
RFEOI Review Committee
Approval required by CAO or designate
NA
Up to $50,000
Direct Award1 Pre-qualified Bidders2 Approval required
by CAO or designate
Purchase Order and Contract (executed by the CAO or designate
and CFO)
$50,000.01 up to
$200,000
Formal Request for Tender (RFT)
or Formal Request for
Proposal (RFP)
Pre-qualified Bidders2: Minimum of Three (3)
Bidders
Approval required by CAO or designate
Purchase Order and Contract (executed by the CAO or designate
and CFO)
Over $200,000.01
Formal Request for Tender (RFT)
or Formal Request for
Proposal (RFP)
Advertising is required in such a manner as directed by
the CFO3
Approval required by Board of
Directors
Purchase Order and Contract (executed by
the CAO and LSRCA Chair as per Board of Directors direction)
1Direct award will be based on rotation and best fit. Projects will be evenly offered to each of the pre-qualified bidders. A
summary of offered and accepted direct awards will be provided to the Board of Director’s on a semi-annual basis.
2Term of prequalification will be at the direction of the CAO or designate. The CAO or designate will review annually the
performance of each pre-qualified bidder to ensure they continue to be deemed qualified. Bidders will be provided a
performance evaluation at the end of each project and may, at discretion of the CAO or designate, be removed from the pre-
qualified bidders. RFEOI’s will be re-issued bi-annually to allow new bidders to submit and previous bidders wishing to
resubmit.
3Pre-qualified Bidders will not be required to resubmit qualifications.
Page 40 of 56
LSRCA Financial Policies and Procedures
Subject: Purchasing Policy Policy No:
Section: Procurement Revision:
Date Approved by the Board of Directors: July 26, 2019 Res #:
Effective Date: July 26, 2019 Last Revision Date: December 18, 2015
Issued To: All Employees
Reviewed By CAO: Mike Walters Distributed:
Page | 18
Schedule F – Process Map for Offsetting Project Approvals
For the purpose of this policy, the following process map outlines the unique nature of the Offsetting
Projects (Phosphorous, Ecological and Water Balance) approval process.
TO: Board of Directors FROM: Rob Baldwin General Manager, Planning & Development DATE: July 17, 2019
SUBJECT: Single Source Professional Services Agreement Award – Greenland
Consulting Engineers Inc.
RECOMMENDATION: THAT Staff Report No. 38-19-BOD regarding a Single Source Professional
Services Agreement Award to Greenland Consulting Engineers Inc. to undertake the Alcona NDMP Flood Relief Class EA be received; and
FURTHER THAT LSRCA be directed to enter into a Professional Services
Agreement Award with Greenland Consulting Engineers Inc.
Purpose of this Staff Report: The purpose of this Staff Report No. 38-19-BOD is to seek approval for a Single Source Professional Services Agreement Award to Greenland Consulting Engineers Inc. to undertake the Alcona NDMP Flood Relief Class EA. Background: The Alcona South area of the Town of Innisfil in the general Belle Aire Creek subwatershed has been experiencing chronic flooding during the spring months and under the odd significant storm event. The flooding occurs due to a combination of factors including poor local drainage, historical residential development and very low lying elevations relative to lake levels. As part of the Alcona South Secondary Plan, the Town of Innisfil also undertook a Master Drainage Plan which was finalized in fall of 2018. This plan recognized the chronic flooding issues and put forth various options and ideas to reduce flood risk including changing drainage patterns, water diversion and potential wetland attenuation.
LSRCA, under the Conservation Authority Environmental Assessment Process, intends to commence an Environmental Assessment (Class EA) to alleviate chronic flooding in the existing developed areas around the Belle Aire Creek Floodplain. The proposed study area is located south of 6th Line, north of Belle Aire Beach Road, in the Town of Innisfil and east of 20th Sideroad to the shoreline of Lake Simcoe. The primary objective of this Class EA is to develop a flood protection solution that will reduce current flood risks in the project area for frequent flood events. This study is being conducted in accordance with the Conservation Authority Class Environmental Assessment for Remedial Flood and Erosion Control Projects (Class EA) guidelines. The Class EA process looks at potential environmental, cultural and economic effects, develops alternatives, determines preferred measures, and incorporates mitigation methods. This type of EA includes public and agency consultation. Issues: The most significant issue is the very short timeframe in which the project must be fully completed and all funds expensed. This project must be fully completed by March 31, 2020. This short timeframe is challenging but can be accommodated with the Board’s approval of a sole source award to Greenland Consulting Engineers (Greenland). Greenland is the staff supported choice to undertake the Alcona NDMP Flood Relief Class EA for the following reasons: 1. Greenland is providing direct in-kind support of this project with the contribution of an
advanced floodplain model platform, which LSRCA will be able to utilize upon project completion.
2. The area in the upper watershed area is in the approved settlement area for Alcona. Greenland has been representing the Cortel Group in regards to engineering services in support of the approved Sleeping Lion development. A component of that development submission included updated modelling and hydrology for the upper Belle Aire Creek watershed. This work will be utilized as part of this project and will assist in expediting the work to meet the timeline.
3. Greenland has secured the in-kind participation of Dr. Blair Feltmate from the Intact Centre at
the University of Waterloo to provide input and technical assistance.
4. LSRCA has used Greenland on a variety of projects over the past fifteen years and as such is confident in their ability to deliver the project within the tight timeframes while bringing value added components to the overall project and beyond.
5. The Class EA project can be accomplished within the tight timeframe utilizing Greenland to conduct the technical detail worked required as part of the Class EA. Greenland’s extensive experience in the direct local area and unique knowledge of issues and newly approved development allows for an accelerated process both technically and administratively.
Impact on Authority Finances: The total cost to undertake the project is $431,250.00 excluding taxes. The direct costs for this project are solely being covered through the federal National Disaster Mitigation Program (NDMP). The federal funding represents new revenue in 2019 with the project to be completed by March 31, 2020. LSRCA will provide in-kind support to the project which includes project oversight, technical participation and review, communication requirements and provision of data (GIS, modelling data, etc.). Summary and Recommendations It is therefore RECOMMENDED THAT Staff Report No. 38-19-BOD regarding a Single Source Professional Services Agreement Award to Greenland Consulting Engineers Inc. to undertake the Alcona NDMP Flood Relief Class EA be received; and FURTHER THAT LSRCA be directed to enter into a Professional Services Agreement Award with Greenland Consulting Engineers Inc. Pre-Submission Review: This Staff Report has been reviewed by the Chief Administrative Officer. Original signed by: Original signed by: ___________________________________ __________________________________ Rob Baldwin Michael Walters General Manager, Chief Administrative Officer Planning & Development
TO: Board of Directors FROM: Beverley G. Booth, M.Sc., MCIP, RPP Director, Regulations DATE: July 26, 2019
SUBJECT: Mid-Year Monitoring Report – Planning and Development
Applications for the Period January 1 through June 30, 2019
RECOMMENDATION: THAT Staff Report No. 39-19-BOD regarding monitoring of planning
and development applications for the period January 1 through June 30, 2019 be received for information.
Purpose of this Staff Report: The purpose of this Staff Report No. 39-19-BOD is to provide the Board of Directors with an update of the progress of planning and development applications submitted to the Lake Simcoe Region Conservation Authority for the period January 1 through June 30, 2019. Background and Consideration: A summary of the total number of planning applications for this period is shown in Tables 1 and 2 attached. These tables summarize the number of applications received by application type and by municipality. The type of applications reviewed and processed are statutory requirements under the following legislation: Planning Act (Table 1)
Official Plans, Secondary Plans, Community Plans and Amendments
Undertakings in accordance with the Environmental Assessment Act Tables 4 and 5 summarize the total number of planning and development applications for the period January 1 through June 30, 2018. In general, the total number of applications reviewed under the Planning Act as of June 30, 2019 was 15% higher than the total number of applications reviewed in for the same period of time in 2018. The number of applications received as of June 30, 2019 under the Conservation Authorities Act was 17% lower than the number of applications received for the same period of time in 2018. The number of Notices of Violation issued in 2019 was 59% lower than the number of Notices of Violation issued in 2018. Tables 3 and 6 summarize the total number of visits to LSRCA’s customer service desk for the first six months of 2019 and 2018 respectively. Staff monitor the number of visits to the customer service desk, telephone calls and emails regarding properties. This is a very important feature for LSRCA’s clients and improves customer service. The volume of inquiries to the customer service desk is down from 2018; however, the volume remains high. Issues: The statistics presented in the attached tables do not provide any indication of the complexity of the applications. Many of the new development applications are being proposed on lands that have previously been overlooked due to the constraints that are associated with them. Relevance to Authority Policy: Client service and satisfaction has been identified as an important guiding principle in the LSRCA’s Strategic Plan 2016-2020. It is important to monitor the number and complexity of applications processed by LSRCA in order to ensure effective and efficient client service. There is also a requirement to meet timelines for the issuance of approvals under the Conservation Authorities Act established through the provincial “Policies and Procedures for Conservation Authority Plan Review and Permitting Activities”.
Impact on Authority Finances: Staff will continue to monitor the quantity of applications as well as revenue to ensure a high level of customer service and accountability to LSRCA. Summary and Recommendations: It is therefore RECOMMENDED THAT Staff Report No. 39-19-BOD regarding monitoring of planning and development applications for the period January 1 through June 30, 2019 be received for information. Pre-Submission Review: This Staff Report has been reviewed by the General Manager, Planning & Development and the Chief Administrative Officer. Prepared by: Beverley G. Booth, MSc, MCIP, RPP Manager, Regulations
I hereby certify that this Report was prepared by a Registered Professional Planner, within the meaning of the Ontario Professional Planners Institute Act, 1994.
Original signed by: Original signed by: ________________________________ ________________________________ Rob Baldwin Michael Walters
General Manager, Chief Administrative Officer Planning & Development
Attachments: Tables 1, 2 and 3 – Summary of Planning Program Statistics – January 1 – June 30, 2019 Tables 4, 5 and 6 – Summary of Planning Program Statistics – January 1 – June 30, 2018
Table 2 -- Summary of Regulations Program Statistics January 1 - June 30, 2019 - Review of Applications Under the Conservation Authorities Act & the Environmental Assessment Act
Application
Type
County of Simcoe Region of Durham Region of York Total
Number of
Applications
by Type
Table 1 -- Summary of Planning Program Statistics January 1 - June 30, 2019 ~ Review of Applications Under the Planning Act
Application
Type
County of Simcoe Region of York Total
Number of
Applications
by Type
Region of Durham
Table 3 -- Summary of Customer Service Statistics January 1 - June 30, 2019
Application
Type
County of Simcoe Region of Durham Region of York Total
Table 6 -- Summary of Customer Service Statistics January 1 - June 30, 2018
Application
Type
County of Simcoe Region of Durham Region of York Total Number
of
Applications
by Type
Table 4 -- Summary of Planning Program Statistics January 1 - June 30, 2018 ~ Review of Applications Under the Planning Act
Application
Type
County of Simcoe Region of York Total Number
of
Applications
by Type
Region of Durham
Table 5 -- Summary of Regulations Program Statistics January 1 - June 30, 2018 - Review of Applications Under the Conservation Authorities Act & the Environmental Assessment Act
Application
Type
County of Simcoe Region of Durham Region of York Total Number
TO: Board of Directors FROM: Melinda Bessey, MSc, MCIP, RPP Acting Director - Planning
DATE: July 18, 2019
SUBJECT: Local Planning Appeal Tribunal Matter Update Town of East Gwillimbury Comprehensive Zoning By-law
RECOMMENDATION: THAT Staff Report No. 40-19-BOD providing an update on the LPAT
matter concerning the Town of East Gwillimbury Comprehensive Zoning By-law be received; and
FURTHER THAT Staff be directed to continue settlement
negotiations to achieve a mutual settlement agreement respective of LPAT Guidelines.
Purpose of this Staff Report: This purpose of this Staff Report No. 40-19-BOD is to provide the Board of Directors with an update concerning the ongoing Local Planning Appeal Tribunal (LPAT) matter regarding the Town of East Gwillimbury Comprehensive Zoning By-law. Background: Over the past several years, LSRCA staff have worked with the Town of East Gwillimbury (Town of EG) to prepare an updated Comprehensive Zoning By-law (ZBL). This updated ZBL is required to ensure that the provisions and schedules of the ZBL will be consistent with the Provincial Policy Statement and in conformity with the following policy documents:
Growth Plan for the Greater Golden Horseshoe York Region Official Plan
The Greenbelt Plan East Gwillimbury Official Plan
The Oak Ridges Moraine Conservation Plan
After several years of collaboration and consultation, LSRCA provided a sign off on the draft ZBL (inclusive of Schedules). The Town of EG staff prepared a Report to Council recommending approval of this By-law document. The Town of EG Council approved and adopted a Comprehensive Zoning By-law which differed from the version that was signed off on by LSRCA
and one that is not consistent with the Provincial Policy Statement and not in conformity with the policy documents noted above. The following is a chronological summary of events.
DATE EVENT / INFORMATION May 10, 2012 LSRCA provided correspondence to the Town of EG including a
review of the existing ZBL and comments to be considered in the preparation of the new/updated ZBL.
January 16, 2017 LSRCA provided correspondence to the Town of EG recommending changes to the draft ZBL in the context of the current provincial policies, regulations and Region and Town Official Plans. This correspondence also provided that all natural and hydrologic features, as defined by the Provincial Plans, should be appropriately zoned “Environmental Protection”.
May 17, 2017 LSRCA provided correspondence to the Town of EG specifically related to the mapping schedules of the proposed ZBL and made recommendations to ensure that the mapping reflected provincial policies.
September 14, 2017 LSRCA provided correspondence to the Town of EG providing further recommendations concerning mapping schedules and also recommendation to implement a provision with respect to existing lots of record within the EP zone. This recommendation included that the front 60m of the lots would be zoned for the existing use (i.e. a residential use) and apply EP zoning to the remainder of the lot. This would ensure that existing permissions would be kept in place for existing lots of record, while affording protection to the majority of the natural heritage feature on the property. Note: This recommendation was not supported by Town of EG staff.
February 6, 2018 Upon completion of the latest circulation of draft ZBL documents from the Town of EG, LSRCA provided correspondence to the Town of EG noting no objection to the adoption of the Town of EG’s ZBL as all previous comments had been addressed. This correspondence was provided as LSRCA understood that the Schedules to the ZBL would reflect the mapping that was discussed through the consultation stage and that was recommended by the Town of EG’s own staff recommendations reports.
DATE EVENT / INFORMATION May 15, 2018 Notice of Passing of the Comprehensive Zoning By-law
May 15-June 12, 2018 After receiving the Notice of Passing, LSRCA staff reviewed the
adopted ZBL and determined that many of the wetlands including Provincially Significant Wetlands (PSW) were not zoned “Environmental Protection (EP) Zone” as was intended. Many wetland areas, which are defined as key hydrologic features by the Greenbelt Plan and provincially significant per the Provincial Policy Statement, were zoned “Rural (RU) Zone”. It is important to note that the York Region Official Plan and Town of EG Official Plan protect most wetlands through an appropriate land use designation. By this, it is clear that the adopted ZBL is not consistent with the Provincial Policy Statement and is not in conformity with the Provincial, Regional and Local planning policy documents.
June 12, 2018 LSRCA filed a Notice of Appeal of the Town of East Gwillimbury Comprehensive Zoning By-law and provided the following three (3) grounds of appeal: 1. The ZBL Schedule A maps are inconsistent with the Provincial
Policy Statement; 2. The ZBL Schedule A maps fail to conform to and conflict with
provincial plans; 3. The ZBL Schedule A maps fail to conform to the Region and Town
Official Plans.
December 11, 2018 LPAT Case Management Conference
York Region requested “Party Status” as the ZBL is not in conformity with the Region’s Official Plan.
(Note: Status granted March 6, 2019)
Town of EG and LSRCA confirmed the use of mediation toward a possible settlement or scoping of the matters at issue.
Ongoing - 2019 LSRCA, the Town of EG and the Region have met on multiple
occasions in an effort to find an agreeable path forward to resolve this matter. To date, the following has been agreed to:
Schedule A will remain “as is” in an effort to appease the large group of rate payers who do not want to see this changed;
DATE EVENT / INFORMATION Ongoing – 2019 (continued)
Additional wording will be provided to Section 1.4 of the ZBL New development and/or site alteration on lands identified as being within the “Consultation Area” as shown on Schedule I of this By-law may be subject to additional approvals such as Site Plan Control, an LSRCA permit and/or Building Permit supported by additional information, studies, and/or environmental feature identification as set out in policies of the Official Plan and requirements of the regulations under Conservation Authorities Act.
A new section will be added to the MOU between the Town of EG and LSRCA, which will read as follows: Where development is contemplated on lands identified as being within the Regulated Area, Greenbelt Plan Area, Oak Ridges Moraine Conservation Plan Area, York Region Significant Woodlands as shown on the Consultation Schedule (Appendix II (Schedule I to the ZBL), the Town will consult with the LSRCA to determine if the development will be subject to Site Plan Control. (Note: Wording above and Consultation Schedule has not yet received final approval from all parties.)
Further to the above, it has been requested by Town of EG staff that once the above is agreed to, the LSRCA withdraw the appeal. The LSRCA is not in support of this request. LSRCA has responded to the Town of EG that we will be following the formal Settlement Hearing procedure as provided by Rule 12 of the Local Planning Appeal Tribunal Rules of Practice and Procedure (April 3, 2018). For ease of reference, Rule 12 reads as follows: 12.01 Procedure if Settlement Before Hearing Event The Tribunal may hold a hearing on the terms of a settlement if the parties in the proceeding agree to a settlement prior to a hearing event. If all statutory requirements and the public interest are satisfied, the Tribunal may issue an order approving the settlement, with any necessary amendments.
Issues 1. The Town of East Gwillimbury Council adopted a Comprehensive Zoning By-law which does
not meet the required consistency and conformity tests as required by the Planning Act.
2. As a result of the above, most planning approvals granted by Council which would demonstrate compliance with the ZBL would be open to appeal as Council’s decision would not be in conformity with their own Official Plan, York Region’s Official Plan, or the applicable Provincial Policy documents (i.e. would not meet the consistency and conformity test).
3. LSRCA appealed the decision of the Town of EG Council on the grounds noted above, which demonstrate that the decision was not upholding the Provincial Interest with respect to Natural Hazards and Natural Heritage matters.
4. While the Planning Act prescribes the statutory public notice requirements (s.34(13) (14)), and the Town of EG met this requirement, it has become apparent that many of the landowners were not aware that the Comprehensive Zoning By-law was being adopted and that this could affect their “as of right” development permissions. Accordingly, a group of landowners have formed the “East Gwillimbury Landowners Association”. This group has been very active on social media and has been highlighted in the press spreading their view that through the update of the ZBL, the LSRCA is “taking” their lands. This group has been granted party status to the LPAT appeal. The East Gwillimbury Landowners Association currently has an active petition posted on Change.org and has also hosted a number of public events to promote its position. These events have been attended by members of Town of EG staff and Council.
5. Because of what has been presented in the press, there is a perception that this appeal has
created a situation of LSRCA working against one of its municipal partners, the Town of EG. This is not the case, rather staff have been working in good faith with the Town of EG since 2013 on this project and had come to an agreement with staff which was not upheld by Council.
6. In the event LSRCA reaches a settlement agreement with the Town of EG, the Town of EG
would still be required to address the other parties with status before the LPAT (York Region and East Gwillimbury Landowners Association).
7. LSRCA and York Region have been working together closely to achieve a negotiated settlement that ensures resolution of their collective issues.
Relevance to Authority Policy: The conservation, restoration, development and management of natural resources are the foundation of the Conservation Authorities Act. Additionally, LSRCA adheres to a key mandate of protecting people and property from flooding and other natural hazards. From a land use planning perspective, LSRCA relies on the policies and regulations provided by Ontario’s policy led planning system. Through LSRCA’s Memorandum of Understanding with the Town of EG,
LSRCA is committed to reviewing applications made under the Planning Act in the context of the following:
Provincial Policy Statement Lake Simcoe Protection Plan Greenbelt Plan Oak Ridges Moraine Conservation Plan Growth Plan for the Greater Golden Horseshoe
It is also important to consider that all land use planning reviews carried out by LSRCA are also in the context of Ontario Regulation 179/06 under the Conservation Authorities Act as the regulation is a prescribed instrument under the LSPP. As is noted above, the challenge with the current ZBL matter is that the adopted ZBL is not consistent or in conformity with the provincial policy documents noted above. When zoning by-laws are consistent with their parent policy documents, it also ensures consistency with the applicability of the Regulation. Impact on Authority Finances: Barriston Law LLP has been retained to represent LSRCA in this matter. To date, LSRCA’s legal fees related to this matter have totaled approximately $10,000. This matter has required a significant amount of senior LSRCA staff time as well. Summary and Recommendations: In summary, the adopted Town of EG ZBL has been appealed to LPAT by LSRCA on the grounds that the adopted ZBL does not meet the prescribed consistency and conformity test. The inappropriate zoning of these lands has the potential to result in a great deal of conflict between landowners and LSRCA for the reason that development may be permitted “as of right” by the ZBL, but may not be something that would be permitted under Ontario Regulation 179/06. Therefore, LSRCA would not be able to support the issuance of a permit for these developments. Additionally, the lack of protection afforded to non-regulated features (i.e. Significant Woodlands, Significant Valleylands) is contradictory to the policy direction provided by the LSPP. LSRCA staff continue to work towards a settlement with the Town of EG on this matter; however, as noted above this settlement will be required to be heard by LPAT at a Settlement Hearing and the Town of EG will be required to address the other parties to this appeal at that time as well.
It is therefore RECOMMENDED THAT Staff Report No. 40-19-BOD providing an update on the LPAT matter concerning the Town of East Gwillimbury Comprehensive Zoning By-law be received; and FURTHER THAT Staff be directed to continue settlement negotiations to achieve a mutual settlement agreement respective of LPAT Guidelines. Pre-Submission Review: This Staff Report has been reviewed by the General Manager, Planning & Development and the Chief Administrative Officer. Prepared by: Melinda Bessey, MSc, MCIP, RPP, Acting Director - Planning Signed by: Signed by: ___________________________________ __________________________________ Rob Baldwin Michael Walters General Manager, Chief Administrative Officer Planning and Development
