2316364 Media Release: Immediate Regional Municipality of Waterloo Consolidated Council Agenda Wednesday, January 18, 2017 Closed Session 6:45 p.m. Waterloo County Room Regular Meeting 7:00 p.m. Regional Council Chamber 150 Frederick Street, Kitchener, ON *Denotes Item(s) Not Part of Original Agenda 1. Moment of Silence 2. Roll Call 3. Motion To Go Into Closed Session That a closed meeting of Council be held on Wednesday, January 18, 2017 at 6:45 p.m. in the Waterloo County Room in accordance with Section 239 of the Municipal Act, 2001, for the purposes of considering the following subject matters: a) proposed or pending litigation and acquisition of land in the City of Kitchener 4. Motion to Reconvene Into Open Session
Transcript
2316364
Media Release: Immediate
Regional Municipality of Waterloo
Consolidated
Council Agenda
Wednesday, January 18, 2017
Closed Session 6:45 p.m.
Waterloo County Room
Regular Meeting 7:00 p.m.
Regional Council Chamber
150 Frederick Street, Kitchener, ON
*Denotes Item(s) Not Part of Original Agenda
1. Moment of Silence
2. Roll Call
3. Motion To Go Into Closed Session
That a closed meeting of Council be held on Wednesday, January 18, 2017
at 6:45 p.m. in the Waterloo County Room in accordance with Section 239 of
the Municipal Act, 2001, for the purposes of considering the following subject
matters:
a) proposed or pending litigation and acquisition of land in the City of Kitchener
4. Motion to Reconvene Into Open Session
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5. Declaration of Pecuniary Interest Under The Municipal Conflict of
Interest Act
6. Presentations
7. Petitions
8. Delegations
a) Julian Ichim re: Housing
9.
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Minutes of Previous Meetings
a) Closed Council – December 14, 2016
b) Closed Budget – December 14, 2016
c) Council – December 14, 2016
d) Closed Committee – January 10, 2017
e) Planning & Works – January 10, 2017
f) Community Services – January 10, 2017
g) Budget – January 11, 2017
h) Special Council Minutes – January 11, 2017
10. Communications
a) Council Information Package – Friday, January 13, 2017 (Distributed
Electronically)
11. Motion To Go Into Committee Of The Whole To Consider Reports
12. Reports
Finance Reports
a) COR-TRY-17-01, P2016-34 Legal Services – King-Victoria Transit Hub
Recommendation:
That the Regional Municipality of Waterloo accept the Proposal of
Borden Ladner Gervais LLP (BLG) for P2016-34 Legal Services –
King-Victoria Transit Hub and retain BLG to provide legal services on
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an as-needed and as-requested basis in connection with the
implementation of the King-Victoria Transit Hub as set out in report
COR-TRY-17-01 dated January 18, 2017.
*
*
Committee Reports
a) Planning & Works - attached & marked PS-170110
Closed Planning and Works – attached & marked CPS-170110
Memorandum re: Item #4 of the Planning & Works Summary, Recommended Changes to Planning and Works Committee Recommendation, Respecting Report PDL-CPL- 17-03 (Further Approval of Official Plan Amendment N0. 103 – City of Kitchener Official Plan – Resolutions of Deferrals No. 1 to 6, a portion of Deferral No. 7 and Deferral No. 10)
b) Closed Community Services – attached & marker CSS-170110
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Chief Administrative Officer
Regional Chair
Regional Clerk
13. Other Matters Under Committee Of The Whole
a) PDL-17-01, Region of Waterloo Support for the 2021 Canada Games
Recommendation:
That the Region of Waterloo provide a letter of support for the 2021
Canada Games bid as described in Report PDL-17-01;
And that, should the Games bid be successful, staff be directed to
bring forward a budget issue paper to the 2018 budget outlining the
costs and financial plan for in-kind Regional support for the 2021
Canada Games.
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14. Motion For Committee Of The Whole To Rise And Council Resume
15. Motion To Adopt Proceedings Of Committee Of The Whole
16. Motions
17. Notice of Motion
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18. Unfinished Business
19. Other Business
20. Questions
21. Enactment Of By-laws – First, Second & Third Readings
a) A By-law to Amend By-law 16-023, as Amended, Being a By-law to
Regulate Traffic and Parking on Highways Under the Jurisdiction of
the Regional Municipality of Waterloo (Housekeeping Amendments
to Schedules)
b) A By-law to Confirm the Actions of Council – January 18, 2017
22. Adjourn
Report: COR-TRY-17-01
Region of Waterloo
Corporate Services
Treasury Services (Procurement)
To: Regional Chair Ken Seiling and Members of Regional Council
That the Regional Municipality of Waterloo accept the Proposal of Borden Ladner Gervais LLP (BLG) for P2016-34 Legal Services – King-Victoria Transit Hub and retain BLG to provide legal services on an as-needed and as-requested basis in connection with the implementation of the King-Victoria Transit Hub as set out in report COR-TRY-17-01 dated January 18, 2017.
Summary: Nil
Report:
Proposals were called for P2016-34 Legal Services – King-Victoria Transit Hub (KVTH) and were advertised in the Ontario Reports (a Legal magazine), in the Record, on the Ontario Public Buyers Association website and on the Region’s website. Seven (7) proposals were received. The proposals were opened in the presence of S. Agnello, T. Lumgair and L. Evans.
The proposals were evaluated using pre-determined technical criteria which included the experience of the proponent including three (3) examples of similar projects in providing legal services, including three key challenges on those projects and how these challenges were addressed, experience and qualifications of the Lead Counsel and Legal Team Members and their experience in multi-phased projects, senior government funding agreements and legislative and regulatory provisions pertaining to municipal and private sector financing.
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Following the qualitative evaluation three (3) proponents were shortlisted and invited for an interview and oral presentation. Following the interviews, the financial envelopes were opened.
The following bids were short listed:
Borden Ladner Gervais LLP (BLG) Toronto, ON
Norton Rose Fulbright Canada LLP Toronto, ON
WeirFoulds LLP Toronto, ON
The proposal submitted by Borden Ladner Gervais LLP (BLG) received the highest overall score.
Between 2008 and 2013 the Region of Waterloo assembled approximately 4 acres of land located at and near the intersection of King and Victoria Streets in Kitchener to develop a multi-modal transportation hub. The KVTH will connect passengers seamlessly with ION LRT, GO Transit (rail and bus service), Via Rail, intercity bus and GRT and will be integrated with a mixed-use destination.
On February 23, 2016, through Report PDL-CPL-16-14, Regional Council directed staff to undertake a two-stage open competitive procurement process consisting of a Request for Qualifications (RFQ) followed by a Request for Proposals (RFP) to select a development partner to deliver the station infrastructure and to undertake a mixed use development project on site. Highly specialized legal expertise is required to develop, negotiate and finalize senior level government funding agreements, and the procurement documents including the RFQ, RFP, and Transaction Agreement(s) and to provide other legal opinions and services to ensure the successful completion of the Project in a manner that best protects the interests of the Region of Waterloo. A comprehensive selection process was undertaken through a RFP process to select a law firm to provide the required legal services to the Region.
BLG is a full service Canadian law firm with more than 725 lawyers in five cities across Canada, including offices in Toronto and Ottawa. In compliance with the Law Society of Upper Canada Rules of Professional Conduct, BLG has a Conflicts Department which monitors and administers any potential conflicts of interests.
The proposed retainer will be for a term up to December 2027, with the Region’s right to terminate earlier at any time in its discretion, subject to payment for legal fees incurred to the date of such termination. The retainer is non-exclusive and does not preclude the Region from retaining lawyers of other law firms in particular instances in the Region’s sole discretion. It is anticipated that there will be opportunities for Regional legal staff to carry out some aspects of legal work in connection with the KVTH Project, either independently or in consultation with BLG, depending upon the subject matter,
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complexity and required resources for the particular legal matter.
Under the proposed retainer, legal services will be provided on a task assignment basis, as needed and requested by the Region, with invoicing for such task subject to a cost estimate and detailed hourly docketing provided to the Region. BLG’s rates are subject to a maximum cumulative annual increase of 2.25% in each of the years of the retainer (similar to the General Engineering Consultant contract for the Rapid Transit project). In order to ensure budget adherence and accountability, the retainer will require monthly invoicing and impose upset limits on individual tasks which may not be exceeded without prior Regional approval. Given the heavy reliance on the expertise and experience of the legal team members, the retainer stipulates that the law firm must provide the services of the legal team named in the proposal unless it is unable to do so for reasons beyond its reasonable control, in which case any replacement(s) to the legal team are subject to prior written approval of the Region and must provide the services at the same or lower hourly rate.
The final date of acceptance for this proposal is February 10, 2017.
Corporate Strategic Plan:
Award of this contract meets the 2015-2018 Corporate Strategic Plan objective to create a public transportation network that is integrated, accessible, affordable and sustainable under Strategic Focus Area 2, Sustainable Transportation.
Financial Implications:
The approved 2017 Regional capital program for the KVTH includes an allocation of $340,000 in 2017 for soft costs that include engineering design, procurement and construction management, and design support. The scope of work for the external legal counsel is reflective of these tasks and will be funded from the budget for soft costs.
The capital cost of the KVTH project is estimated to be $43.0 million ($36.7 million in 2016 dollars). In July 2016, the Region was notified that the Province will fund 100% of the project costs to a maximum of $43.0 million. Funding for the project is provided for in the approved 2017-2026 Capital program.
Other Department Consultations/Concurrence:
Staff from Facilities & Fleet Management and Legal Services was consulted in the preparation of this report.
Attachments: Nil
Prepared By: Lisa Evans, Manager, Procurement/Chief Purchasing Officer
The Planning and Works Committee recommends as follows:
1. That the Region of Waterloo accept PDL-CPL-17-01, Monthly Report of
Development Activity for November 2016.
2. That the Regional Municipality of Waterloo enter into an Agreement for Professional Consulting Services with AECOM Canada Ltd to provide engineering services during the detailed design and services during construction for the Kitchener Wastewater Treatment Plant (WWTP) Influent System Improvements, City of Kitchener, at an upset fee limit of $696,600.00 plus applicable taxes. [TES-DCS-17-01]
3. That the Regional Municipality of Waterloo enter into an Agreement for Professional Consulting Services with Stantec Consulting Ltd., for the detailed design and services during construction for the Hespeler Wastewater Treatment Plant (WWTP) Upgrades, City of Cambridge, in the amount of $2,149,810.00 plus all applicable taxes. [TES-DCS-17-02]
4. That the Regional Municipality of Waterloo, in accordance with Sections 17 and 21 of the Planning Act, R.S.O, 1990, Chapter P.13, as amended:
a) Further approve, with modifications, those portions of Schedule ‘H’ to Amendment No. 103 to the City of Kitchener Official Plan identified as Deferral Nos. 1 to 6, a portion of Deferral No. 7 and Deferral No. 10 in Regional Council’s original approval dated November 19, 2014, and that the Decision contained in Attachment 3 to Report No. PDL-CPL-17-03 dated January 10, 2017, be included in the approval document; and
b) Further approve the repeal of those portions of the City of Kitchener Official Plan, as originally adopted by City of Kitchener By-law 94-90 and all amendments thereto, that are being replaced through this further approval to Schedule ‘H” of Amendment No. 103.
January 10, 2017
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CPS-170110
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The Regional Municipality of Waterloo
Planning and Works Committee
Summary of Closed Recommendations to Council
The Planning and Works Committee recommends as follows:
1. That The Regional Municipality of Waterloo approve a memorandum of
agreement with Toyota Motor Manufacturing Canada Inc.(the “Owner”) for the
partial fee simple acquisition of the property municipally known as 1055 Fountain
Street North, City of Cambridge, described as Part Lots 19, 20 and 22, Beasley’s
Broken Front Concession. Part of Pin 03755-0013 (LT) being Part 1, on
Reference Plan 58R-18942, and Part 5, on Reference Plan 58R-18928, wherein
the Region:
(a) pays the Owner the sum of $293,000 as full and final compensation for
the fair market value of the lands and interests to be acquired;
(b) pays the Owner’s reasonable legal costs in connection with the
expropriation of the lands, preparation of the agreement and
completion of the transaction, plus applicable taxes,
And That the Regional Solicitor has all necessary authority to execute such
documents to carry out the agreement.
January 10, 2017
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To: Chair Ken Seiling and Members of Regional Council
From: Rod Regier, Commissioner of Planning, Development and Legislative Services
Subject: Recommended Changes to Planning and Works Committee Recommendation Respecting Report PDL-CPL- 17-03 (Further Approval of Official Plan Amendment N0. 103 – City of Kitchener Official Plan – Resolutions of Deferrals No. 1 to 6, a portion of Deferral No. 7 and Deferral No. 10
File No: D-17-30
At the Planning and Works Committee meeting on January 10, 2017, the Regional Clerk received a letter from Goodmans LLP on behalf of Activa Holdings Inc. and Grambian Investment Inc. regarding Regional Report PDL-CPL-17-03 (please see Attachment 1).
After reviewing this letter with Legal Services staff, Community Planning staff is recommending three minor revisions to the wording of the proposed Decision contained in Attachment 3 to Report PDL-CPL-17-03. The proposed revisions are editorial in nature and do not alter the intent of any policies. Regional staff has reviewed the proposed changes in consultation with City of Kitchener staff.
To implement the proposed revisions, Regional staff is recommending the following amendments to the Recommendations and to Attachment 3 of Report PDL-CPL-17-03:
Planning, Development and Legislative Services
Community Planning
Date: January 18, 2017
Memorandum
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1) That part a) of the Recommendation to Report PDL-CPL-17-03 be revised as shown in red text below:
“That the Regional Municipality of Waterloo, in accordance with Sections 17 and 21 of the Planning Act, R.S.O, 1990, Chapter P.13, as amended:
a) Further approve, with modifications, those portions of Schedule ‘H’ to Amendment No. 103 to the City of Kitchener Official Plan identified as Deferral Nos. 1 to 6, a portion of Deferral No. 7 and Deferral No. 10 in Regional Council’s original approval dated November 19, 2014, and that the amended Decision contained in Attachment 3 to Report No. PDL-CPL-17-03 dated January 10, 2017, be included in the approval document; and”
2) That Modification No. 83 d) of the Decision contained in Attachment 3 of Report PDL-CPL-17-03 be revised as shown in red text below:
Modification No. 83
[…]
“d) modifying renumbered Policy 3.C.1.20 as follows:
3.C.1.20. Lands outside the City’s Urban Area beyond the Countryside Line may be further designated as Protected Countryside in the Regional Official Plan. In this instance, the Countryside Line is considered to be a permanent boundary.
The Protected Countryside is designated in the Regional Official Plan and is shown on Map 1. This designation identifies a broad band of environmental features, groundwater recharge areas and productive agricultural lands and Regional Recharge Areas that are intended to be permanently protected from future urban development. Where the Countryside Line coincides with the Protected Countryside designation, the Countryside Line will be considered a permanent boundary. Land within the Protected Countryside will be designated as Prime Agriculture or Rural.”
3) That Modification No. 84 b) of the Decision contained in Attachment 3 of Report PDL-CPL-17-03 be revised as shown in red text below:
Modification No. 84
[…]
b) adding a new Policy 3.C.1.18 a) and b) as follows:
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“3.C.1.18 Further to Policy 3.C.1.14, the following provisions will apply to the lands noted below in Kitchener’s Designated Greenfield Area:
a) for those lands added to Kitchener’s Designated Greenfield
Area by the final approval of the Regional Official Plan, save and except for those lands immediately to the west of Gehl Place to which this policy does not apply, development applications will be considered as premature for processing prior to June 30, 2019 in order to facilitate the initiation of one or more comprehensive planning exercises for such lands. Comprehensive planning will be required for all such lands, and the City shall not initiate or adopt any background studies (save and except for subwatershed studies) or amendments to this Plan to establish land use designations for such lands prior to June 30, 2019. The comprehensive planning exercises will commence in late 2019 and will take approximately 30 months to complete. The comprehensive planning of such lands will be in priority to comprehensive planning for any lands subsequently brought into the City’s Urban Area, and development applications for lands subsequently brought into the City’s Urban Area will be considered as premature for processing until the comprehensive planning is complete for the lands added to the Kitchener’s Designated Greenfield Area by the Ontario Municipal Board final approval of the Regional Official Plan as noted above; and
b) notwithstanding Policy 3.C.1.18 a) above, for the two hectares
of land located on the southwest corner of Huron Road and Fischer-Hallman Road added to Kitchener’s Designated Greenfield Area by the final approval Ontario Municipal Board of the Regional Official Plan (Case No. PL 110080), development applications will be considered as premature for processing prior to January 1, 2020, and the City shall not initiate or adopt any amendments to this Plan to establish land use designations for such lands prior to January 1, 2020.”
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Attachment 1
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CSS-170110
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The Regional Municipality of Waterloo
Community Services Committee
Summary of Closed Recommendations to Council
The Community Services Committee recommends as follows:
1. That the Regional Municipality of Waterloo approve the following appointments to
the Employment and Income Support Community Advisory Committee as follows:
a) Appoint Claudia Frias (Employment and Income Support), for a four yearterm ending December 31, 2020); and
b) Nora Wittington (Immigration Partnership), for a four year term December
31, 2020.
January 10, 2017
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Report: PDL-17-01
Region of Waterloo
Planning Development and Legislative Services
Commissioner’s Office
To: Chair Ken Seiling and Members of Regional Council
Date: January 18, 2017 File Code: D01-01
Subject: Region of Waterloo Support for the 2021 Canada Games
Recommendation:
That the Region of Waterloo provide a letter of support for the 2021 Canada Games bid as described in Report PDL-17-01;
And that, should the Games bid be successful, staff be directed to bring forward a budget issue paper to the 2018 budget outlining the costs and financial plan for in-kind Regional support for the 2021 Canada Games.
Summary:
NIL
Report:
The three cities of Cambridge, Kitchener and Waterloo have agreed to jointly sponsor the Regional Sport Tourism Office bid for the 2021 Canada Summer Games. The Canada Games are the largest multi-sport games hosted on a bi-annual basis (alternating between winter and summer) in Canada. It is a key pathway in the development of sport and serves as a national celebration of youth, culture, and community. The economic impact models applied to the Games estimate an approximate economic impact of +/- $100,000,000. The Games are hosted over 18 days in August with 19 sports, an estimated 3,500 athletes and 1,000 coaches and support staff, 6,000 volunteers, 650 media, and 20,000 spectators. To date there has not been a Winter or Summer Canada Games that has been left in a deficit position after the Games.
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To be successful, a bid for the Canada Games requires local technical and financial support to capital and operating budgets in order to leverage matching investments from the Governments of Ontario and Canada. The support provided from the three cities is adequate to meet the minimum bid requirements for funding.
The Canada Games Volunteer Bid Committee have identified special objectives around sustainability and innovation for the 2021 Games and are looking for additional support from the Region of Waterloo in a variety of key areas – transit, emergency services, waste management, and airport services.
Preliminary discussions are underway with Grand River Transit, Paramedic Services, Waste Management, and The Waterloo Region International Airport to determine the technical requirements for the 2021Canada Games and opportunities for the Region of Waterloo to support the Games with in-kind services.
Region of Waterloo International Airport (YKF) YKF has advised the Games Committee that it has the capacity to provide support services to incoming and departing charter aircraft that would be used to move competing teams to the Waterloo Region from elsewhere in Canada. Airport Staff have met with Games officials and are confident the airport is suitable and capable of handling all the aircraft as anticipated. There may need to make minor operational procedures changed at the time, and Airport staff will fully co-operate with games officials to ensure an efficient airport experience. At this stage there are no scheduling conflicts or additional charges anticipated for the aircraft and passenger services that would be provided by the airport, though charter airlines are required to make their own arrangements for refueling and maintenance services while located at the airport.
Grand River Transit Coordination of transit services for competitors, team support and spectators to reduce congestion, secure participant and spectator movement between events, and address sustainability objectives is a key challenge for the Canada Games Committee. Many venues will not have adequate parking to support the anticipated number of attendees. In addition, the Canada Games provide an excellent opportunity to highlight the ION LRT and newly reconfigured iXpress transit network. Preliminary discussions between GRT and the Bid Committee point to a good alignment between the event locations and the Waterloo Region transit network. The Committee has requested consideration for subsidized transit passes for participants and Games event audience members to encourage transit utilization. The extent and potential cost of these requirements is not known at the present time. If the bid is successful, GRT officials will work with the Games Organizing Committee to identify appropriate transit support for the Games. Any funding requirements will be outlined in an issue paper for the 2018 budget.
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Waste Management Canada Games organizers expect the games to be a potentially significant generator of waste. Recent Canada Games events have demonstrated leadership in waste reduction and recycling with a strong focus on sustainability. The 2021 Games Committee aspires to continue this practice and have engaged in preliminary discussions with the Regional Waste Management Division regarding opportunities to reduce the waste stream. As the Region of Waterloo does not own or operate a waste collection network, it is not able to undertake on-site waste collection and recycling efforts directly. However, the Waste Management Division has been asked to provide support toward waste management planning and education throughout the event. At this point, it has not been determined what the scope of this assistance would entail or what additional costs, if any, would be borne by the Region for waste management support. However, if significant additional costs are identified, they will be outlined as part of a 2018 budget issue paper.
Emergency Services Canada Games organizers are required to provide for emergency services to provide for public safety on site. Preliminary discussions are underway regarding the specific requirements for Paramedic Services through out the 2021 events. The total requirements are not available at this time. If the Games bid is successful, the Committee and Paramedic Services will outline a detailed plan and budget for the required services. Any additional costs to the Region will be identified in the issue paper for the 2018 budget.
Conclusion The 2021 Canada Games bid by the Sports Tourism Organization and the Cities of the Waterloo Region is a significant opportunity to showcase the Region and its communities, their quality of life, capacity for innovation and commitment to community sustainability to Canada. It has the potential to strengthen the sports and recreation infrastructure of the Waterloo Region, and our identity on the national stage. Support by the Region of Waterloo would leverage existing Regional assets and significantly enhance the partnerships already brought together to win this bid.
Corporate Strategic Plan: The 2021 Canada Games provides a superb opportunity to support the five areas of focus in the 2015-2018 Strategic Plan. They support a Thriving Economy by leveraging existing sports and recreational infrastructure to build a sports tourism industry and showcase the Waterloo Region to people from across Canada. They support Sustainable Transportation by generating awareness and ridership for the Grand River Transit network. They support Healthy, Safe and Inclusive communities by rallying the Waterloo Region around a major sports and recreation event and strengthening community recreation infrastructure. They support a Responsive and Engaging Government by clearly reinforcing and demonstrating the extensive community partnerships required to deliver a major project such as the Canada Games.
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Financial Implications:
The financial implications of Region of Waterloo participation in the 2021 Canada Games has not yet been determined, as the specific requirements are still in the early planning stages. Should the Games bid be successful, staff will return to Council with an issue paper as part of the 2018 budget that will outline the partnership opportunities and funding requirements. This would provide sufficient lead time to develop an appropriate financing strategy well ahead of the 2021 Games.
Other Department Consultations/Concurrence:
This report has been developed in consultation with Transportation and Environment al Services, the Waterloo Region International Airport, and Public Health and Emergency Services.
Attachments:
Attachment “A” -Presentation of the Bid Committee to the All Council Meeting December 20, 2016
Prepared By: Rod Regier, Commissioner of Planning, Development and Legislative Services
Approved By: Mike Murray, Chief Administrative Officer
