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Home My WebLink About03/05/2018Final C141llgC0Il General Government Committee Agenda Date: March 5, 2018 Time: 9:30 AM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at .>gray(o)_clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Noon Recess: Please be advised that, as per the Municipality of Clarington's Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net CIarington General Government Committee Agenda Date: March 5, 2018 Time: 9:30 AM Place: Council Chambers 1 Call to Order 2 New Business — Introduction Members of Committee are encouraged to provide the Clerk's Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 February 12 Minutes of a Regular Meeting of February 12, 2018 Page 6 Minutes 7 Delegations 7.1 Lorraine Sunstrum-Mann, Executive Director, Grandview Children's Centre Regarding the Grandview Children's Centre Capital Build Update 8 Communications - Receive for Information 8.1 Newcastle Minutes of the Newcastle Community Hall Board dated Page 20 Hall Minutes January 16, 2018 8.2 Bowmanville Minutes of the Bowmanville Business Improvement Area Page 24 BIA Minutes dated February 13, 2018 8.3 Kawartha Mark Majchrowski, Chief Administrative Officer, Kawartha Page 27 Conservation Conservation — Kawartha Conservation 2018 Preliminary Budget Page 2 Clarington General Government Committee Agenda Date: March 5, 2018 Time: 9:30 AM Place: Council Chambers 8.4 Regional Ralph Walton, Regional Clerk/Director of Legislative Page 29 Municipality Services, Regional Municipality of Durham — Renaming of of Durham Regional Road 57 in the Municipality of Clarington 8.5 ADR ADR Chambers, Ombudsman Office, Ombudsman for the Page 37 Chambers Municipality of Clarington — 2017 Annual Report 9 Communications — Direction 9.1 Canadian Ted Paulsen, Owner, Canadian Parks Brewing — Page 47 Parks Brewing Manufacture's Limited Liquor Sales ("by -the -glass") Licence (Motion to Endorse) 9.2 R.W. Ryan Paquette, Project Coordinator, R.W. Tomlinson Page 48 Tomlinson Limited — MTO - Hwy #115 Culverts Noise By-law Limited Exemption Request (Motion to approve an exemption to the Municipality's Noise By-law 2007-071 for Hwy #115 Culverts Construction from April 30, 2018 until July 31, 2018) 9.3 United United Shoreline: Ontario — Lake Ontario Shoreline Page 50 Shoreline: Ontario (Motion for Direction) 9.4 CMB Racing Chantelle Bourgeios, Owner/Trainer, CMB Racing — Slots Facility at Ajax Downs and the Quarter Horse Racing Industry (Motion for Direction) 9.5 Town of Christopher Harris, Town Clerk, Town of Whitby — Whitby Provincial Library Fund (Motion to Endorse) Page 3 CIarington General Government Committee Agenda Date: March 5, 2018 Time: 9:30 AM Place: Council Chambers 10 Presentations (Scheduled for 10:00 AM) 10.1 Andre Marois, Director, RER Corridor Infrastructure — Lakeshore East and Chris Burke, Director, Service Planning, Planning & Policy, Regarding an Update on the GO Extension 11 Engineering Services Department 11.1 EGD -005-18 Bond Head Subdivision, Newcastle, Plan 40M-2411 Page 52 'Certificate of Acceptance' and 'Assumption By-law', Final Works Including Boulevard trees, Fencing and Other Related Works 11.2 EGD -006-18 Westvale Subdivision Phase 3, Courtice, Plan 40M-2361 Page 57 Certificate of Acceptance' and 'Assumption By -Law', Final Works Including Roads and Other Related Works 11.3 EGD -007-18 Building Activity Update January 1 to December 31, 2017 Page 63 12 Operations Department No Reports 13 Emergency and Fire Services Department No Reports 14 Community Services Department 14.1 CSD -002-18 Public Access Defibrillator Program - Lakeridge Health Page 72 Agreement Renewal 15 Municipal Clerk's Department 15.1 CLD -009-18 2018 Municipal Elections - Compliance Audit Committee Page 86 Terms of Reference 15.2 CLD -010-18 Appointment to the Accessibility Advisory Committee Page 105 Page 4 CIarington General Government Committee Agenda Date: March 5, 2018 Time: 9:30 AM Place: Council Chambers 16 Corporate Services Department 16.1 COD -005-18 Joint Health & Safety Committee - 2017 Summary Page 108 16.2 COD -006-18 Bowmanville West Urban Centre Secondary Plan Update Page 126 16.3 COD -007-18 RFP2017-9 Soper Creek Main and East Branches Page 131 Subwatershed Study 17 Finance Department No Reports 18 Solicitor's Department No Reports 19 Chief Administrative Office No Reports 20 New Business — Consideration 21 Unfinished Business No Reports 22 Confidential Reports No Reports 23 Adjournment Page 5 Clarington General Government Committee Minutes February 12, 2018 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the General Government Committee held on Monday, February 12, 2018 at 9:30 AM in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner and Councillor W. Woo Regrets: Councillor Uraill Staff Present: A. Allison, G. Acorn, T. 12:32 PM, N. Taylor, S J. Gallagher, S. Gray 1 Call to Order Cannella, F. Horvath, M. Marano left at McKee arrived at 12:32 PM, G. Weir, Mayor Foster called the meeting to order at 9:30 AM. 2 New Business — Introduction Councillor Woo asked that a new business item, regarding Community Event Sponsorship Program, be added to the New Business — Consideration section of the agenda. Councillor Partner asked that a new business item, regarding Newtonville Hall, be added to the New Business — Consideration section of the agenda. 3 Adopt the Agenda Resolution #GG -110-18 Moved by Councillor Cooke, seconded by Councillor Hooper That the Agenda be adopted as presented, with the addition of the new business item regarding Community Event Sponsorship Program and Newtonville Hall. Carried 4 Declaration of Interest Councillor Partner declared a direct interest in New Business Item regarding the Community Event Sponsorship Program. -1- A• Clarington 5 Announcements General Government Committee Minutes February 12, 2018 Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #GG -111-18 Moved by Councillor Hooper, seconded by Councillor Woo That the minutes of the regular meeting of the General Government Committee meeting held on January 22, 2018, and the Special General Government Committee meetings held on January 26, 2018 and January 29, 2018, be approved. 7 Carried Delegations 7.1 Dr. Lynn Stilwell, Wilmot Creek Homeowners Association, Regarding Report EGD -004-18 Bennett Road and Cobbledick Road Grade Level Crossings Train Whistle Cessation Study Dr. Lynn Stilwell, President, Wilmot Creek Homeowners Association (WCHA), was present regarding Report EGD -004-18, Bennett Road and Cobbledick Road Grade Level Crossings Train Whistle Cessation Study. Dr. Stilwell stated that it has been eight months since Council approved the two safety studies. She explained that the consultants determined that the two railway crossings qualify for whistle cessation by-laws subject to upgrades. Dr. Stilwell stated that the upgrades outlined in the Report should be implemented regardless of the passing of a cessation by-law. She mentioned that the federal government provides funding for railway crossing upgrades to improve safety. Dr. Stilwell explained that the majority of the safety upgrades could be covered by the developer and that the upgrades could be accomplished with little cost to the tax payers. She continued by advising the Committee that research shows there was a decrease in railway crossing accidents when other safety measures were put in place. Dr. Stilwell added that this has led to many municipalities introducing whistle cessation by-laws. She advised the Committee that the negative impacts of noise pollution on the Wilmot Creek residents health need to be considered. Dr. Stilwell explained the she is concerned that the number of freight and VIA trains continuing to increase and will continue to increase in the coming years. She stated that the WCHA is seeking a total cessation at the Bennett Road and Cobbledick Road railway crossings as no noise mitigation strategies that have proven to be effective. Dr. Stilwell concluded by asking the Committee to stop the train whistle health hazard affecting the WCHA residents. -2- Clarington Alter the Agenda Resolution #GG -112-18 General Government Committee Minutes Moved by Councillor Neal, seconded by Councillor Cooke February 12, 2018 That the Agenda be altered to consider Report EGD -001-18, Bennett Road and Cobbledick Road Grade Level Crossings Train Whistle Cessation Study, at this time. Carried Councillor Woo chaired this portion of the meeting. 11.2 EGD -004-18 Bennett Road and Cobbledick Road Grade Level Crossings Train Whistle Cessation Study Resolution #GG -113-18 Moved by Councillor Neal, seconded by Councillor Cooke That Report EGD -004-18, regarding the Bennett Road and Cobbledick Road Grade Level Crossings Train Whistle Cessation Study be referred to staff to report back to a General Government Committee meeting, with a report on any cost contributions by developers and the federal government on train safety measures for the Bennett Road and Cobbledick Road Crossings. Motion Lost Later in the meeting (See following motion) Suspend the Rules Resolution #GG -114-18 Moved by Mayor Foster, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #GG -113-18 a second time. Carried -3- 0 Clar-ington- General Government Committee Minutes February 12, 2018 The foregoinq Resolution #GG -113-18 was then put to a recorded vote and lost. Council Member Yes No Declaration of Interest Absent Councillor Neal X X Councillor Partner X X Councillor Traill X Councillor Woo X X Councillor Cooke X Councillor Hooper X X Mayor Foster X X Resolution #GG -115-18 Moved by Mayor Foster, seconded by Councillor Partner That Report EGD -004-18 be received; That the request for whistle cessation at the Bennett Road and Cobbledick Road Level Crossings be formally denied; and That all interested parties listed in Report EGD -004-18 and any delegations be advised of Council's decision. Motion lost on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X E Clarington General Government Committee Minutes February 12, 2018 Resolution #GG -116-18 Moved by Councillor Neal, seconded by Mayor Foster That Report EGD -004-18 be tabled to the Council meeting of February 26, 2018 Carried on the followina recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X Alter the Agenda Resolution #GG -117-18 Moved by Mayor Foster, seconded by Councillor Hooper That the Agenda be altered to consider Report EGD -002-18, Foster Creek North Subdivision Phase 1 B, Newcastle, Plan 40M-2501 'Certificate of Acceptance' and 'Assumption Bylaw', Final Works Including Roads and Other Related Works, at this time. Carried 11.1 EGD -002-18 Foster Creek North Subdivision Phase 1 B, Newcastle, Plan 40M-2501 'Certificate of Acceptance' and 'Assumption Bylaw', Final Works Including Roads and Other Related Works Resolution #GG -118-18 Moved by Mayor Foster, seconded by Councillor Hooper That Report EGD -002-18 be received; That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed with Plan 40M-2501; That the By-law attached, as Attachment 2, to Report EGD -002-18 be approved assuming a certain street within Plan 40M-2501 as a public highway; and -5- 10 Clar-ington- General Government Committee Minutes February 12, 2018 That all interested parties listed in Report EGD -002-18 and any delegations be advised of Council's decision by the Department. Carried later in the meeting (See following motion) Recess Resolution #GG -119-18 Moved by Councillor Neal, seconded by Mayor Foster That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:18 AM with Councillor Woo in the Chair. After further discussion, Resolution #GG -118-18 was put to a vote and carried. Mayor Foster chaired this portion of the meeting. 8 Communications - Receive for Information 8.1 Minutes of the Tyrone Community Hall Board dated November 15, 2017 and January 17, 2018 Resolution #GG -120-18 Moved by Councillor Neal, seconded by Councillor Hooper That the Communication Items 8.1 be received for information. Carried 9 Communications — Direction 9.1 Mary Masse, Clerk, Town of Lakeshore — Marijuana Tax Revenue Resolution #GG -121-18 Moved by Councillor Neal, seconded by Councillor Cooke That Communication Item 9.1 be received for information. Carried M 11 Clarington-General Government Committee Minutes February 12, 2018 9.2 Scott Butler, Policy and Research, Ontario Good Roads Association — Municipal Class Environmental Assessment Process Reform Resolution #GG -122-18 Moved by Councillor Neal, seconded by Councillor Partner That the following Ontario Good Roads Association resolution, regarding Municipal Class Environmental Assessment Process Reform, be endorsed by the Municipality of Clarington: Whereas a coalition of the Municipal Engineers Association (MEA) and the Residential and Civil Construction Alliance of Ontario have successfully applied to have a review of the Municipal Class Environmental Assessment process conducted under Part IV (Section 61) of the Environmental Bill of Rights Act, 1993 (EBR Act); And whereas impact studies and public meetings required by the MCEA process often take two years or more to complete before construction can commence; And whereas the MCEA requirements to evaluate alternatives are often not well aligned with prior or municipal land use planning decisions; And whereas analysis by the Residential and Civil Construction Alliance of Ontario (RCCAO) has demonstrated that the time to complete an EA rose from 19 months to 26.7 months and costs went from an average of $113,300 to $386,500; And whereas the Auditor General of Ontario has tabled recommendations for modernizing the MCEA process; And whereas in spite of written commitments made by the Ministry of the Environment between 2013-2015, no action has been taken; And whereas local projects that do not have the necessary approvals could lose out on the next intake of Build Canada funding; Therefore be it resolved that Municipality of Clarington requests that the Minister of the Environment and Climate Change take immediate steps to expedite the response process for Part II Orders or Bump -Up requests, as part of the s.61 review to improve MCEA process times and reduce study costs; And further that the Minister of the Environment and Climate Change support changes to better integrate and harmonize the MCEA process with processes defined under the Planning Act; -7- 12 Clariiw-n General Government Committee Minutes February 12, 2018 And further that the Minister of the Environment and Climate Change amend the scope of MCEA reports and studies to reduce duplication with existing public processes and decisions made under municipal Official Plans and provincial legislation. Carried 10 Presentations 10.1 Kathy Weiss, Director of Economic Development and Tourism, Regional Municipality of Durham, Regarding 2017-2021 Economic Development Strategy Kathy Weiss, Director of Economic Development and Tourism, Regional Municipality of Durham, was present regarding the 2017-2021 Economic Development Strategy. Ms. Weiss outlined the key components of the project for the Committee. She described the process and explained that the strategy and action plans will be a collaborative approach. Ms. Weiss outlined the six sector strengths: agri-business, tourism, manufacturing, innovative technology, health sciences and energy environment engineering. She provide the Committee with an updated of the sector growth from 2010 to 2015. Ms. Weiss stated that the Foreign Direct Investor (FDI) strategy is currently under review. She explained the economic development drivers in Durham Region. Ms. Weiss stated that the challenges for this project include: absence of baseline information and data, employment opportunities and job growth needed, and limited accessibility in some areas of the Region. She advised the Committee that the programs are the fundamental goals of economic development activity and include seven program areas. Ms. Weiss stated that there are currently 37 new action plans and 47 ongoing action plans. She provided the Committee with an update on the investment ready employment land inventory and business competitive assessment. She concluded by thanking the Committee and answering questions. Suspend the Rules Resolution #GG -123-18 Moved by Councillor Neal, seconded by Councillor Cooke That the Rules of Procedure be suspended to extended the meeting until 12:30 PM. Carried 13 Clarington General Government Committee Minutes February 12, 2018 Resolution #GG -124-18 Moved by Councillor Partner, seconded by Councillor Hooper That the presentation from Kathy Weiss, Director of Economic Development and Tourism, Regional Municipality of Durham, U H Jarding 2MI1742--onomic Development Strategy be received with thanks; and 7 K D W W K D W F R S L H V R I U H S R U W V & O H U N Carried 11 Engineering Services Department 11.1 EGD -002-18 Foster Creek North Subdivision Phase 1 B, Newcastle, Plan 40M-2501 'Certificate of Acceptance' and 'Assumption Bylaw', Final Works Including Roads and Other Related Works Report EGD -002-18, Foster Creek North Subdivision Phase 1 B, Newcastle, Plan 40M- 2501 'Certificate of Acceptance' and 'Assumption Bylaw', Final Works Including Roads and Other Related Works, was considered earlier in the meeting following the delegation portion of the agenda. 11.2 EGD -004-18 Bennett Road and Cobbledick Road Grade Level Crossings Train Whistle Cessation Study Report EGD -004-18, Bennett Road and Cobbledick Road Grade Level Crossings Train Whistle Cessation Study was considered earlier in the meeting. 12 Operations Department No Reports for this section of the Agenda. Councillor Cooke chaired this portion of the meeting. 13 Emergency and Fire Services Department 13.1 ESD -002-18 Automatic Aid Agreement - Oshawa Fire Services - Hwy 407 Resolution #GG -125-18 Moved by Councillor Partner, seconded by Mayor Foster That Report ESD -002-18 be received; That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement with Oshawa Fire Services, Attachment 1 to Report ESD -002-18; and 14 M Clarington General Government Committee Minutes February 12, 2018 That all interested parties listed in Report ESD -002-18 and any delegations be advised of Council's decision. Carried Councillor Hooper chaired this portion of the meeting. 14 Community Services Department 14.1 CSD -001-18 Diversity in Clarington Resolution #GG -126-18 Moved by Councillor Woo, seconded by Councillor Partner That Report CSD -001-18 be received; That Council endorse the Terms of Reference for the Diversity Advisory Committee; That Staff be authorized to advertise to recruit members to the Diversity Advisory Committee; That the Council Department Liaison to Community Services, Councillor Hooper, be appointed as the Council Representative to the Diversity Advisory Committee; and That all interested parties listed in Report CSD -001-18 and any delegations be advised of Council's decision. Carried Mayor Foster chaired this portion of the meeting. 15 Municipal Clerk's Department Resolution #GG -127-18 Moved by Councillor Neal, seconded by Councillor Partner That Reports CLD -007-18, COD -003-18 and COD -004-18, be received on consent with the exception of Report COD -003-18. Carried 15.1 CLD -007-18 Appointment to the Newcastle Arena Board That Report CLD -007-18 be received for information. -10- 15 Clar-ington General Government Committee Minutes February 12, 2018 16.2 COD -004-18 Garnet B. Rickard Recreation Complex — Pad A Arena Floor and Roof Rehabilitation That Report COD -004-18 be received; That Ball Construction Inc. with a revised total bid amount of $990,730.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2018-2 be awarded the contract for the replacement of the arena floor of Pad A at Garnet B. Rickard Recreation Complex as required by the Community Services Department; That the funds required for this project in the amount of $990,730.46 (Net HST Rebate) be funded by the Municipality as follows: RRC- Capital Improvements (2017) 110-42-421-84256-7401 $990,730.46 With $947,140.00 from the debenture proceeds and the additional funding required due to the shortfall of $43,590.00 being funded from the Community Services Capital Reserve Fund (518); and That all interested parties listed in Report COD -004-18 and any delegations be advised of Council's decision regarding the award by the Corporate Services Department. 16 Corporate Services Department 16.1 COD -003-18 Sidewalk Side Drop Repairs Resolution #GG -128-18 Moved by Councillor Woo, seconded by Councillor Cooke That Report COD -003-18 be received; That Gray's Landscaping and Snow Removal Inc., with an annual bid in the amount of $76,196.91 (Net of HST), being the low, compliant bidder meeting all terms, conditions and specifications of CL2017-42 for Sidewalk Side Drop Repairs be awarded the contract for an initial two year term, as required by the Engineering Department and the Operations Department; That, pending satisfactory performance, the Purchasing Manager be given the authority to extend the contract for this service for up to two additional one year terms; Clarington General Government Committee Minutes February 12, 2018 That funds required for this project in the amount of $83,684.81 (Net of HST) which includes construction cost of $76,196.91 (Net of HST) and other related costs such as consulting, inspection and contingency of $7,487.90 (Net of HST) be drawn from the following accounts: Self -Insured Losses Reserve 100 -X -X -X-2902 $56,169.85 Operations Sidewalk Replacement (2018) 100-36-380-10733-7112 $13,757.48 Engineering Sidewalk Replacement (2018) 110-32-331-83215-7401 $13,757.48 That all interested parties listed in Report COD -003-18 and any delegations be advised by the Corporate Services Department of Council's decision regarding the award. Carried 16.2 COD -004-18 Garnet B. Rickard Recreation Complex — Pad A Arena Floor and Roof Rehabilitation Report COD -004-18, OMB Appeal — Garnet B. Rickard Recreation Complex — Pad A Arena Floor and Roof Rehabilitation was considered earlier in the meeting during the Municipal Clerk's Reports portion of the agenda. 17 Finance Department No Reports for this section of the Agenda. 18 Solicitor's Department No Reports for this section of the Agenda. 19 Chief Administrative Office No Reports for this section of the Agenda. 20 New Business — Consideration 20.1 Community Event Sponsorship Program Councillor Partner declared a direct interest in the New Business Item regarding the Community Event Sponsorship Program as the "In the Face of an Angel" Golf for Ovarian Cancer which is in memory of her mother and all proceeds are donated in her memory for outreach and research to Ovarian Cancer Canada. Councillor Partner left the room and refrained from discussion and voting on this matter. -12- 17 Clarington General Government Committee Minutes February 12, 2018 Resolution #GG -129-18 Moved by Councillor Woo, seconded by Councillor Hooper Whereas the Municipality of Clarington's Community Event Sponsorship Program is in place to assist individuals and organization to provide opportunities for hosting special events that promote community engagement; And whereas the Community Event Sponsorship Program may provide funding for community special events to a maximum of $2,000 per successful application; And whereas the application period for events occurring January 1 to June 30, 2018 closed October 1, 2017; And whereas the submitted application were considered by Council on November 6, 2017; And whereas the Community Event Sponsorship Program has an annual budget of $35,000, of which the funds are divided between two application intake periods at $17,000 each; And whereas $11,820 was awarded to events through the first intake period, the remaining $5,680 would traditionally be made available to applications received through the second intake period, less the $2,000 set aside for Carleton and Sherri Plumber's Neighbourhood party at Pearce Park to be held June 23, 2018; leaving a balance of $3,680; Now therefore be it resolved that $2,000 from the remaining the 2018 first intake funds be awarded to the event of being coordinated by Sandy Cochrane in aid of Ovarian Cancer Research and Outreach for a sponsorship of the fundraiser In the Face of Angel Golf for Ovarian Cancer on May 27, 2018 at Pebblestone Golf Course, Courtice. Carried Councillor Partner returned to the meeting. 20.2 Newtonville Hall Resolution #GG -130-18 Moved by Councillor Partner, seconded by Councillor Woo Whereas the Newtonville Hall is in need of a new commercial dishwasher to continue their successful operations; and Whereas the hall volunteer board is understanding of fiscal responsibility and would like to cover the cost themselves but don't have the financial capacity to do so upfront; -13- W Clar-ington General Government Committee Minutes February 12, 2018 Now therefore be it resolved that the Newtonville Hall volunteer board be granted a three year interest free loan from the municipality in the amount of the total cost of the dishwasher plus related delivery and installation costs with annual repayments arranged through the Finance Department and; That the dishwasher be purchased through the Purchasing Department, under the direction of the Operations Department, so as to get the best price available. Carried Suspend the Rules Resolution #GG -131-18 Moved by Councillor Partner, seconded by Councillor Woo That the Rules of Procedure be suspended to extend the meeting for an additional fifteen minutes to 12:45 PM. Carried 21 Unfinished Business 22 Confidential Reports There were no items considered under this section of the Agenda. 23 Adjournment Resolution #GG -132-18 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 12:43 AM. Mayor Carried -14- 19 Deputy Clerk NEWCASTLE VILLAGE COMMUNITY HALL BOARD January 16, 2018 Main Hall 7:00 pm Present Were: Kevin Symak, Chair Dave Eastman Sierd DeJong Peter Hazelton Councilor Partner Councilor Woo Regrets From: Cathy Abraham Also Present: Gabrielle Bell, secretary 1. ELECTION Councilor Woo chaired the election: At this time we have 2 positions available on the board. The term is Jan 2018 —Jan 2020 The following candidates have registered — Kevin Symak, Peter Hazelton and David Fletcher There were no nominations from the floor. Councilor Woo and Councilor Partner tallied the votes. Peter Hazelton and Kevin Symak were elected for the 2 year term. 2. Election of Chair for 2018 P. Hazelton nominated K. Symak W. Partner nominated D. Eastman — declined to stand K. Symak elected chair by acclamation. 3. CHAIR OF FUNDRAISING COMMITTEE 2018 W. Partner nominated K. Symak K.Symak elected chair by acclamation. 4. MINUTES Motion by D. Eastman, seconded by W. Woo That the minutes of November 212017 are accepted as presented. "Carried 5. BUSINESS ARISING a) Bulletin Board — board discussed where we should place contact information i.e. upper portion or a section of lower portion. Upper portion is 10" high — we will do mock up for upper portion to see if it's too busy. 20 6. FINANCIAL REPORT Motion by D. Eastman, seconded by S. DeJong That the financial report is accepted as presented. "Carried" 7. INVOICES No invoices presented. 8. CORRESPONDENCE a) Thank you note from BIA Parade Committee — appreciated use of hall to prepare for parade, received for information b) CBOT Membership Motion by W. Partner, seconded by D. Eastman That we continue membership with CBOT at a cost of $259.90 "Carried" c) Historical Society has asked for their lighting to be improved. This has been referred to Operations Department; we are presently awaiting a quote from electrician on cost of doing this. Will let Mr. Malone know that we are investigating the cost of upgrading lighting. d) Chamber of Commerce membership and AGM Dinner Motion by W. Partner, seconded S. DeJong That we continue membership with Newcastle Chamber of Commerce at a cost of $150.00 "Carried" The following board members will attend dinner K. Symak, D. Eastman, S. DeJong and Hall Coordinator G. Bell. If C. Abraham is available to attend we will add her to the list of attendees. Fee is $20.00 each to be paid by board. e) Received for information — Newcastle Village Community Hall was voted 2017 Readers Choice for Banquet facility. 9. FUNDRAISING - Currently 280 tickets sold - Working on volunteers for the evening - New hoist has been installed for the ceiling treatment, drapery has been ordered. - First decorating install will be Feb 24 wedding. - Fee set at $450.00 for one color ceiling treatment - Will discuss further pricing when we have pictures available in February. 10. KITCHEN RENOVATION a) Pricing for sale of tables — tables $250.00 each b) Motion by P. Hazelton, seconded by W. Partner That warming table be sold for $20.00 "Carried" 21 c) Donation of $5000.00 was received from Lions Club of Newcastle towards the kitchen renovation. d) Updated financial report attached. e) Timing is tight for January 26 event — we have been assured work will be completed by Jan 24. We may need board members to help out on Jan 25 to put kitchen back in order for event. f) D. Eastman wanted it noted that Municipal staff from Operations Department has been outstanding with their assistance. Discussed ways to thank them. Motion by D. Eastman, seconded by P. Hazelton That discussion goes in camera. "Carried" 11. RISK MANAGEMENT REPORT - Tabled to February 2018 12. NEW BUSINESS a) Chair requested board members and staff read the Workplace Harassment policy for next meeting. We will be setting up checklist of items that have been covered in Municipal Policy Manual. b) Parking Signs — D. Eastman suggested parking signs be installed in parking lot as non- users are becoming an issue. Refer to Municipality for direction on having these installed. c) G. Bell noted BIA is considering a tree lighting ceremony for 2018 Christmas season. No details at this time as to location. d) Christmas lights are presently on sale at Home Hardware for 75%. As our current lights are not enough for the building discussed purchase of additional lights for next season. Motion by P Hazelton, seconded by W. Woo That we approve a budget of $150.00 to purchase outdoor Christmas lights. "Carried" e) Presentation to Council on Budget request scheduled for January 26 — Chair K. Symak will present. f) Discussed two upright pianos — one on stage of main hall. This has not been used since the 75th anniversary of the hall in 1998. The other belongs to the Lions Club stored in Centennial Room and has also not been used in many years. Lions Club had agreed they no longer had a use for it. Some years ago the board agreed both pianos could be sold or given away. We did not have any luck attempting to sell. We had interest from Doc Ville to take both pianos, but after numerous attempts to arrange for them to pick up they still remain. There has been no further interest. Motion by P. Hazelton, seconded by W. Partner That P. Hazelton will list both pianos on auction site. "Carried" 22 g) Stove Exhaust cleaning is being scheduled by Operations Dept. in 2018. It does not need to be done on a yearly basis as we do not have that much usage. We do need to clean the filters as this is not covered under the scheduled exhaust cleaning. h) S. DeJong will follow up with custodial staff on list of items (see attached) that was created to be covered while kitchen renovation is underway. S. DeJong will continue as liaison between custodial staff and board. J) It was noted that a member of the Historical Society is in the west wing outside of the regular scheduled days that the Society is open. The front doors have been left unlocked while they leave the building. The front door has also been locked when other it has been asked to be left unlocked as scheduled clients will be arriving to view the hall. Chair K. Symak will discuss with Chair of Historical Society Motion to adjourn by D. Eastman 9:00 pm 23 BOARD OF MANAGEMENT BOWMANVILLE BUSINESS IMPROVEMENT AREA Minutes of a regular meeting of the Board of Management held at 6:30 p. M., on Tuesday, February 13, 2018 in Committee Room 1-C in the Bowmanville Library. Present: Gilpin, (Chris) Bromley (Nerivon) Members: Lucas, Holmes, R. Hooper, Rezazada Absent: C. Hooper, Barry The meeting was called to order by the Chairman, who then recognized that Chris Bromley from Nerivon was present to determine if the Board had any questions or concerns about his service. Bromley reported that there is no way to stop any scams on our website. He then noted that the animated clips need to be up -dated and that he agreed to change some of the photos. Moved by Rezazada, seconded by R. Hooper, THAT the Minutes of the previous meeting be adopted as circulated. "CARRIED" Correspondence was received from the Municipality of Clarington (2) Moved by Rezazada, seconded by Holmes, That the correspondence be received and filed. OWNc The Treasurer presented his report as follows: Current Account $ 42,108.76 GIC #1 GIC#2 Total $ 42,108.76 24 Page 2 He further noted that this balance included the recite of the advance on the 2018 Budget. Moved by Rezazada, seconded by Holmes, THAT the Treasurer's Report be adopted as presented. `CARRIED" Reports: Council Liaison: Hooper reported that the proposed Outlet Mall planned for Waverley Road and 401 Highway has been cancelled. He went on to report that snow removal in the Downtown this year is a problem as the Budget for this expense has already been exceeded. Events: No report. Membership Relations: No report as McDonald has resigned from the Board due to the fact that she has closed her business. Streetscape: No report. Communications: Holmes stated that businesses on the website should check to ensure that they are not being scammed by someone trying to mimic the BIA, asking for businesses to pay invoices from the BIA. Board of Trade: No report. Web Site: No report. Media Relations: R. Hooper reported for C. Hooper that she is just answering questions received on Face Book. There was no `BUSINESS ARISING" from the previous meeting. Under "NEW BUSINESS", the Chairman requested a motion from the floor to approve the decision made at the January meeting to hire Andrew Atkinson to make the poles for the lamp post banner hangers. 25 Page 3 Moved by Rezazada, seconded by R. Hooper, THAT Andrew Atkinson's quote to make the poles to hang the lamp post banners on, be approved at a cost of $165.00 per pole for a total of 55 poles. "CARRIED" Next the question of who would be hired as the new Manager of Operations was tabled for discussion. Two people were identified as being interested in the position—Gerri Lucas and Cathy Holmes. Gilpin stated that because Holmes was experienced in most of this role, that she was the most logical one to fill this position. He also stated that in reviewing Lucas's resume that she would be more suitable as the Treasurer. He then announced that he would be willing to resign as Treasurer, effect January 1, 2019 so that Lucas could assume this role. He said that he would stay on as the Board Secretary and train Lucas in the role of Treasurer. (The Chairman confirmed by telephone the next day that this arrangement was agreeable to Gerri Lucas.) Moved by Rezazada, seconded by R. Hooper, THAT the Meeting be adjourned. "CARRIED" The next meeting is scheduled for Tuesday, March 13, 2018 in Committee Room 1-C in the Bowmanville Library at 6:30 p. m. 26 KAWARTHA CONSERVATION Discover • Protect • Restore February 13, 2018 The Mayor and Members of Council The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 RE: Kawartha Conservation 2018 Preliminary Budget Dear Mayor Foster and Members of Council; We are circulating, for a 30 Day review period, the revised 2018 General Operating Levy, supported in principle by our Board of Directors for a 30 day review and commenting period. We previously circulated a complete budget package that outlined the conservation programs and projects proposed for delivery in 2018 in accordance with the Strategic Plan, and associated funding requirements. Subsequently, at the Board of Directors meeting of January 17, 2018, the following resolutions were passed based on comments received: RESOLUTION #11/18 MOVED BY: GORD MILLER SECONDED BY: ISAAC BREADNER RESOLVED THAT, a $15,000 reduction in General Operating Levy be achieved through efficiencies and reducing Board expenditures, and, THAT, the practice of paying per diems be eliminated at the end of the Board Members term in 2018, and, FURTHER THAT, per diems not be paid to the Directors of the Board starting in 2019. CARRIED RESOLUTION #14/18 MOVED BY: DON KETT SECONDED BY: RON HOOPER RESOLVED THAT, the 2018 Operating Levy and General Benefitting Levy as amended, be circulated to member municipalities for a period of 30 days for comment, and the weighted vote 2018 Operating and General Budget be held on March 28, 2018. CARRIED KAWARTHA CONSERVATION 277 Kenrei Road, Lindsay, ON K9V 4R1 705.328.2271 Fax 705.328.2286 A4mbar of KawarthaConservation.corn W'1 j1 Our Watershed Partners: 7 City of Kawartha Lakes • Region of Durham • Township of Scugog • Municipality of Claring ywnship of Brock • Municipality of Trent Lakes • Township of Cavan Monaghan Conservation ONTARIO KAWARTHA CONSERVATION Discover • Protect • Restore As per direction, expenditures for the Board of Directors and other operating expenditures were reduced to achieve the reduction in General Operating Levy. An overall 2.74% increase in municipal levy of $40,550 is required to support the operating expenditures. Please note that this levy request is a downward adjustment of 1.01% ($15,000) from our originally proposed General Operating Levy. This is shared by the municipal partners based on apportionment percentages supplied to us by the Ministry of Natural Resources and Forestry. The apportionment percentage is based on current value assessment (CVA) information generated by MPAC. Individual municipal increases vary due to changes in the CVA apportionment year over year. Information on apportionment can be found on page 11 of the originally circulated document. Our request from the Region of Durham for Operating is $531,993, an increase of $17,337 or 3.37%. The Region's share of the Operating Levy in 2018 is affected by increased CVA data. In addition, we've requested $6,990 to support General Benefiting Projects and we have proposed that the Region of Durham consider funding Special Benefiting Projects totalling $133,900. Our Board of Directors will hold a weighted vote on the 2018 Preliminary Operating Budget Levy and the General Benefiting Projects Levy on March 28, 2018. Special Benefiting Projects proceed based on municipal funding approvals. If you have any questions, or if we can provide further information, please do not hesitate to contact me at extension 215 or Wanda Stephen, Director, Corporate Services, extension 226. Yours truly, Mark Majchrowski Chief Administrative Officer cc: Mr. A.Allison, CAO Ms. A. Greentree, Municipal Clerk Ms. N. Taylor, Treasurer Ron Hooper, Director, Kawartha Conservation KAWARTHA CONSERVATION 277 Kenrei Road, Lindsay, ON K9V4R1 705.328.2271 Fax 705.328.2286 KawarthaConservation.com Our Watershed Partners: City of Kawartha Lakes • Region of Durham • Township of Scugog • Municipality of Claringt ship of Brock • Municipality of Trent Lakes • Township of Cavan Monaghan ConsenaGan ONTARIO The Regional Municipality of Durham Corporate Services Department Legislative Services 605 ROSSLAND ROAD EAST PO BOX 623 WHITBY, ON L1N 6A3 CANADA 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca Don Beaton, B.A.S., M.P.A. Commissioner of Corporate Services "Service Excellence for our Communities" February 16, 2018 Ms. A. Greentree Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 Dear Ms. Greentree: RE: Renaming of Regional Road 57 in the Municipality of Clarington (2018 -COW -13), Our File: D00 Please be advised that Committee of the Whole of Regional Council considered the above matter and at a meeting held on February 14, 2018, Council adopted the following recommendations of the Committee: "A) That Regional Road 57 within the limits of the Municipality of Clarington be renamed to Bowmanville Avenue; B) That an appropriate street renaming By-law be brought forward and passed by Council at a later date when the timing of the Ministry of Transportation's overhead sign replacement program is known, so that the effective date of the Bowmanville Avenue street renaming generally coincides with the installation of the Ministry of Transportation's new signs at this Highway 401 interchange; and C) That a copy of the adopted by-law and Report #2018 -COW -13 of the Commissioner of Planning and Economic Development be forwarded to the Municipality of Clarington, Township of Scugog, Ministry of Transportation, Durham Region Police Services, Region of Durham Paramedic Services, and all other stakeholders, for information. Please find enclosed a copy of Report #2018 -COW -13 for your information. For your reference, the street renaming By-law will be brought forward and passed by Council at a later date when the timing of the Ministry of Transportation's overhead sign replacement program is known. If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2009. 100% Palia mer 77s7D))) DURHAM REGION The Regional Municipality of Durham Corporate Services Department Legislative Services 605 ROSSLAND ROAD EAST PO BOX 623 WHITBY, ON L1N 6A3 CANADA 905-668-7711 1-800-372-1102 Fax: 905-668-9963 durham.ca Don Beaton, B.A.S., M.P.A. Commissioner of Corporate Services "Service Excellence for our Communities" February 16, 2018 Ms. A. Greentree Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 Dear Ms. Greentree: RE: Renaming of Regional Road 57 in the Municipality of Clarington (2018 -COW -13), Our File: D00 Please be advised that Committee of the Whole of Regional Council considered the above matter and at a meeting held on February 14, 2018, Council adopted the following recommendations of the Committee: "A) That Regional Road 57 within the limits of the Municipality of Clarington be renamed to Bowmanville Avenue; B) That an appropriate street renaming By-law be brought forward and passed by Council at a later date when the timing of the Ministry of Transportation's overhead sign replacement program is known, so that the effective date of the Bowmanville Avenue street renaming generally coincides with the installation of the Ministry of Transportation's new signs at this Highway 401 interchange; and C) That a copy of the adopted by-law and Report #2018 -COW -13 of the Commissioner of Planning and Economic Development be forwarded to the Municipality of Clarington, Township of Scugog, Ministry of Transportation, Durham Region Police Services, Region of Durham Paramedic Services, and all other stakeholders, for information. Please find enclosed a copy of Report #2018 -COW -13 for your information. For your reference, the street renaming By-law will be brought forward and passed by Council at a later date when the timing of the Ministry of Transportation's overhead sign replacement program is known. If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2009. 100% Palia mer Wa f� Ralph alton, Regional Clerk/Director of Legislative Services RW/tf c: J.P. Newman, Clerk, Township of Scugog Ministry of Transportation T. Cheseboro, Director, Region of Durham Paramedic Services Chief P. Martin, Durham Regional Police Service B. Bridgeman, Commissioner of Planning and Economic Development 30 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564 The Regional Municipality of Durham Report To: Committee of the Whole From: Commissioner of Planning and Economic Development Report: #2018 -COW -13 Date: February 6, 2018 Subject: Decision Meeting Report Renaming of Regional Road 57 in the Municipality of Clarington File: D20-07 Recommendations: That Committee of the Whole recommends to Regional Council: A) That Regional Road 57 within the limits of the Municipality of Clarington be renamed to Bowmanville Avenue; B) That the street renaming by-law in Attachment #2 to Report #2018 -COW -13 be passed; and C) That a copy of the adopted by-law and Commissioner's Report #2018 -COW -13 be forwarded to the Municipality of Clarington, Township of Scugog, Ministry of Transportation, Durham Region Police Services, Region of Durham Paramedic Services, and all other stakeholders, for information. 1. Purpose 1.1 The purpose of this report is to recommend the passing of a by-law to rename Regional Road 57 within the municipal limits of Clarington to "Bowmanville Avenue". The new name would apply from the road's southern terminus near Highway 401 to the northern limit of the Municipality of Clarington (refer to Attachment 1). 2. Background 2.1 On March 20, 2017 Clarington Council passed a resolution requesting the Region to 31 Report #2018 -COW -13 Page 2 of 4 rename the portion of Regional Road 57 within the municipal limits of Clarington to "Bowmanville Boulevard". 2.2 Regional Road 57 extends from just south of Highway 401, northerly through the Municipality of Clarington, through the Township of Scugog and terminating at the Region of Durham/City of Kawartha Lakes boundary. Through the Bowmanville Urban Area, portions of Regional Road 57 are recognized by the local road names Waverley Road and Martin Road. Historically, this has caused confusion for drivers unfamiliar with the area. 2.3 The street name "Bowmanville" has been included on the Region's street name reserve list for use in Clarington. 3. Public Meeting and Submissions 3.1 A notice of public meeting regarding the proposed street renaming was published in the appropriate newspapers and mailed to residents within 120 metres of Regional Road 57, within the limits of the proposed name change. The public meeting was held at the Committee of the Whole meeting on June 7, 2017. At that meeting four delegations were made from members of the public. Additionally, the Planning Division received 16 submissions regarding the proposed street name change. 3.2 Through the submissions made to the Planning Division and deputations at Committee of the Whole, members of the public noted their support for renaming the street, but advised that they were not in favour of the name "Bowmanville Boulevard". Members of the public felt that the name did not recognize the hamlets or rural area in north Clarington, while others felt the name was too long. There were also concerns raised regarding the use of the proposed suffix "Boulevard". One resident felt that a different name should be used altogether, "Lorne Potter Parkway". Additionally, concerns were also raised regarding the costs to the Region, municipality and residents and businesses regarding the proposed name change. 3.3 Regional and Municipal Planning Staff discussed the public comments and felt that using the suffix "Avenue" instead of "Boulevard" would address many of the concerns. It was felt that the suffix "Avenue" would better identify the road as a major thoroughfare through Bowmanville and beyond. 3.4 Additionally, Clarington Staff have determined that in order to address some of the concerns related to the associated financial impact of the street renaming, affected residents and businesses will receive a goodwill payment of $75 per residential address and $200 per business address from the Municipality. 32 Report #2018 -COW -13 4. Consultation Page 3 of 4 4.1 The proposed renaming of Regional Road 57 was circulated to a number of agencies, including the Durham Regional Police Services, Regional Works, Township of Scugog and the Ministry of Transportation. 4.2 The Ministry of Transportation (MTO) advised that the Municipality is responsible for all costs associated for the installation of new signs/support structures resulting from a street name change. However, MTO is currently undertaking a project to replace the ground mounted signs for the Waverley Road and Highway 401 interchange. By co-ordinating the timing of the name change with this project there is an opportunity to reduce costs to the Municipality. 4.3 Staff from the Regional Works Department have advised that it will cost the Region approximately $12,000 to replace the existing Waverly Road, Martin Road and Durham Road 57 road signs with those that say "Bowmanville Avenue". 4.4 Staff at the Municipality of Clarington advised that they support using the name "Bowmanville Avenue" instead of "Bowmanville Boulevard". 4.5 There were no other comments from the circulated agencies on the proposed street name change. 5. Conclusion 5.1 The proposed renaming of Regional Road 57 to "Bowmanville Avenue" is recommended for approval. 5.2 It is also recommended that the by-law, as set out in Attachment 2 to this report be passed. 6. Attachments Attachment #1: Location Sketch Attachment #2: Street Renaming By-law 33 Report #2018 -COW -13 Respectfully submitted, Original signed by B.E. Bridgeman, MCIP, RPP Commissioner of Planning and Economic Development Recommended for Presentation to Committee Original signed by G.H. Cubitt, MSW Chief Administrative Officer 34 Page 4 of 4 Attachment 1: Committee of the Whole Report: #2018 -COW-' Byers Road Township of Scugog '. Boundary Road' ____-__---_-► Burke to* .municipality Of' ' w i 1'1 F@e \ ` rC,-s§ion Rd 3 n �" r �,a ;� s ' +'� o. , 't z Enfield a Re Tonal Rd 20 35 HBydon: a Enniskillen ..._- .. Regional Rd Ave - v C ; W . , i Concession Rd 7 c; __ww,, �,. L i N! O . I yro`%e ... o; ... Air, Stevens Rtl-- N -...... 407 ` m -4 W Sohga, _.-,,.ConcessionRd6 2 iry __-. .. 4- _ Ki N V .. �'°"'� b y ionalHw 2 a i et ^ _a &` Hampton., -,a t �; SQt`oOs Dr a � Mi hell Corners Taunton Road pspep ,.o i atwa O y 1 i I i i% r R� ' Orono 'i yy , 1 478 v. \-_ ConcessionRd4 14 f r p. , 9 COf tS F u C Gi t __ , Nash ; A 401 Road Courtice z , ;B o i wmanv'Ile 4t Bloor, 1 r .._ . Street Mapl Grove `'r;>, - ; ( o ','a r� 17 r .Newcastle _ Basellne Road' 401 407 I Legend Road to be Renamed Provincial Highway Future Highway -'0 Regional Highway o - -Municipal Boundary Regional Road � This map has been produced from a variety of sources. The Region of Durham Local Road does not make any representations concerning the accuracy, likely results, or Hamlet liability of the use of the materials. The Region hereby disclaims all 0 2 km representations and warranties. If this information is required in an accessible format, pleasecontact 1A00-372-1102. 35 Attachment #2 By-law Number **-2018 of The Regional Municipality of Durham Being a by-law to rename a portion of Regional Road 57, also known as Waverly Road and Martin Road in the Municipality of Clarington. Whereas Regional Council deems it desirable to rename that portion of Regional Road 57 in the Municipality of Clarington. Now therefore, the Council of The Regional Municipality of Durham hereby enacts as follows.. That the portion of existing Regional Road 57, currently designated as Waverly Road and Martin Road, starting from the Highway 401 interchange traveling north and ending at the intersection where it meets Boundary Road, which serves as the boundary between the Municipality of Clarington and Township of Scugog, be named "Bowmanville Avenue". 2. This by-law shall take effect on June 1, 2018 This By-law Read and Passed on the ---- th day of -------------, 2018. R. Anderson, Regional Chair and CEO R. Walton, Regional Clerk 36 ADR CHAMBERS OMBUDS OFFICI OMBUDSMAN FOR THE MUNICIPALITY OF CLARINGTON 2017 V,LW UVLI REPORT 37 TABLE OF CONTENTS Message From the Ombudsman......................................................................Page 3 ADR Chambers Ombuds Office Team ..........................................................Page 4 WhatWe Do................................................................................................Page 5 2017 Complaints.......................................................................................................Page 7 Investigations...........................................................................................Page 8 Statistics.................................................................................................Page 9 ADR Chambers Contact Information.........................................................................Page 10 2017418a1 Report 2 MESSAGE FROM THE OMBUDSMAN I am pleased to provide our first Annual Report for the Municipality of Clarington. ADR Chambers has been providing Ombudsman Services for the Municipality for approximately one year. Ombudsman services are provided to ensure that members of the public receive fair and accountable treatment from their municipality and when that does not occur, to make recommendations for improvement. Complaints may be made to our office once a complainant has gone through the municipality's internal complaint system and the complainant is unsatisfied with the outcome. Where we see potential for resolution, we will act as a go-between and mediate the issues to help reach a resolution satisfactory to all parties. Where resolution is not possible, we will investigate the complaint and may recommend the municipality take certain action. It is important to understand that we do not replace decision -makers with our own recommendations and it is not our goal to impose our decisions on the municipality. Instead, we endeavour to ensure that the process is working as it should and we provide a neutral third - party oversight in this regard. Our work as an independent office attempts to promote fair treatment and works to ensure the right people are taking ownership and action. Over the next year we will continue to work hard to carry out our important responsibilities and do our best to ensure both municipal officials and members of the public are aware of our services and that they can call on us for assistance when required. April Schulze Ombudsman ADR CHAMBERS OMBUDS OFFICE 2017AM ADR CHAMBERS OMBUDS OFFICE TEAM ADR Chambers Ombuds Office is headed by the Ombudsman, April Schulze. April was called to the Alberta bar in 2008 and the Ontario bar in 2015 and, prior to joining ADR Chambers Ombuds Office, she practiced civil litigation with private law firms in both Calgary and Grande Prairie, Alberta. The Ombudsman is supported by a Deputy Ombudsman, Peter Maniatakis, as well as an Intake Officer. Additionally, ADR Chambers Ombuds Office has a roster of experienced investigators, who also have experience in law, dispute resolution, and complaint handling. ADR Chambers Ombuds Office and its staff act in compliance with accessibility, privacy legislation, obligations of confidentiality, and applicable codes of conduct. An 2017AnfRVW Report 4 WHAT WE DO ADR Chambers Ombuds Office reviews complaints brought by members of the public about the Municipality of Clarington. If a complainant is dissatisfied with the provision of services, a decision or recommendation made by the Municipality in the administration of municipal services, and the complainant has gone through the Municipality's internal complaint system and is not satisfied with the outcome, they may escalate their complaint to the ADR Chambers Ombuds Office. People may contact our office by phone, online and through the mail. We investigate complaints with a view to resolving them either by agreement among the parties, or by issuing a report with analysis and conclusions, including any recommendations. ADR Chambers Ombuds Office ensures all investigations are conducted in a fair, neutral, independent and confidential manner while respecting the rights and time constraints of the individuals involved. Types of Complaints The types of complaints that may be submitted by complainants are varied, including complaints about the denial of services or the failure to provide a proper quality of service; complaints that the Municipality has made a decision that is not within their legal power to make; complaints that the Municipality has not followed the appropriate procedures in reaching a decision; and complaints that the Municipality has failed to take a certain action that it is required to take under its rules, procedures or by-laws. Process Upon receiving a complaint, ADR Chambers Ombuds Office first considers whether it has the jurisdiction to investigate the complaint. Situations where ADR Chambers Ombuds Office Will Not Investigate There are certain matters that are not within our mandate to investigate. These include: • Matters that are not within the jurisdiction of the Municipality of Clarington • Complaints regarding the conduct of Municipality Councillors and closed meetings of Municipality Council • Complaints regarding any decision, recommendation, act or omission of any person acting as a legal adviser to the Municipality or acting as counsel to them in relation to any proceedings • Matters for which there is a right of appeal, under an Act, to a court or tribunal, unless this right has been exercised or the time to exercise this right has expired 2017A" Report 5 We also cannot investigate where a complainant has not exhausted the Municipality's internal complaint procedures or where more than 12 months have elapsed from the completion of the Municipality's complaint process, unless the Complainant can establish that there were exceptional circumstances justifying the delay. There are other circumstances where we may decide not to investigate, such as cases where the subject matter of the complaint is trivial or the complaint is frivolous or vexatious, or where we believe that having regard to all of the circumstances of the case, no further investigation is necessary. If ADR Chambers Ombuds Office does not investigate a complaint for one of the above reasons, the complainant will be notified of this decision in writing and reasons will be provided. Whenever possible, referral information will also be provided. Complaints Within ADR Chambers Ombuds Office's Mandate In cases where ADR Chambers Ombuds Office decides that it has the mandate to investigate, the Complainant and the Municipality are informed of the decision and the file is assigned to an investigator. The investigator reviews the file and first considers whether a mediated resolution might be possible. Where possible, the investigator will seek to mediate a resolution. Where no resolution is possible, the investigator will proceed to gather information and ultimately draft a report containing a description of the complaint, the Ombudsman's findings, and a conclusion and recommendation. In certain instances, such as cases where the Ombudsman concludes that the Municipality has acted appropriately, the report will indicate that the Ombudsman does not recommend that the Municipality take any action. In other cases, the Ombudsman will recommend that the Municipality take certain action(s) to remedy a situation. Recommendations seek to achieve a satisfactory resolution of the complaint, however, all recommendations are non-binding. Draft reports are submitted to the Ombudsman, who reviews the reports, along with another senior staff member. The reports are then circulated to both the Complainant and the Municipality, who are invited to provide comments. The Ombudsman and the investigator consider the comments and make any necessary changes to the report. The final report is then provided to both parties. A 03 2017AReport 6 2017 COMPLAINTS ADR Chambers Ombuds Office received 2 contacts about the Municipality of Clarington in 2017. Contacts are instances when complainants contact ADR Chambers Ombuds Office, either by phone or through correspondence, expressing a possible interest in filing a Complaint and seeking information regarding the process. Complaints are not opened until we have a completed and signed Complaint Submission Form. Of the 2 contacts received regarding the Municipality, 1 complainant was referred to the Municipality, as complainants are first required to bring their complaint to the Municipality before escalating them to the ADR Chambers Ombuds Office. Additionally, 1 complainant was advised that we require a Complaint Submission Form to be completed and submitted in order to proceed with their complaint, however, they have yet to submit the completed form. Complaint Submission Forms are necessary in order to determine whether the complaint is within our mandate and to ensure that all parties are aware of and are prepared to abide by the confidentiality requirement. 2 Complaint files that were opened in 2016 were closed in 2017. 1 Complaint was deemed to be outside our made and an Initial View letter was issued. This Complaint was deemed to be outside our mandate on the basis that part of the complaint involved matters that were not within the Municipality's jurisdiction, part of the complaint was premature, and some of the matters raised by the complaint required no further investigation because the applicable Building Code Act provision allowed the Municipality to act as it did. The second Complaint carried over from 2016 was investigated and resulted in the issuance of a final report. There was no active investigation at the time this Annual Report was published. A OZ 2017A Report 7 INVESTIGATIONS We completed one investigation in 2017. The complainant believed that a development led to her well running dry. The complainant's position was that the Municipality was failing to enforce an Ontario Municipal Board decision, that the developed had an obligation under the OMB decision to fulfill certain requirements related to private wells, which it has not done, and that there has been an inadequate review of the potential for long-term impacts on the watershed. Upon completing the investigation, the following findings were made regarding the complaint. • The developer did not fail to comply with the OMB decision relating to well interference. • Since there was no breach of the subdivision agreement, the Municipality did not act inappropriately. The Municipality conducted a thorough review of the issue and concluded there was no well interference in the complainant's area. There was no remedy that could be enforced by the Municipality with respect to the developer. The Municipality acted fairly and reasonably. AA 2017 AnWUN Report 8 STATISTICS Out of the 2 contacts made to our office in 2017, 1 was referred elsewhere, and 1 potential Complaint is pending the return of the Complaint Submission Form. Contacts Referred Abandoned 50% 50% A 9Z 2017AR'Rtx[ Report 9 ADR CHAMBERS OMBUDS OFFICE CONTACT INFORMATION ADR Chambers Ombuds Office P.O. Box 1006 31 Adelaide Street East Toronto, ON M5C 2K4 Tel: 1-844-235-4442 1 Fax: 1-877-803-5127 Email: ombudsman @adr.ca www.municipalombuds.ca/ ADR H A M B E R S ADR Chambers Ombuds Office 2017A" 10 Dear Council, Canadian Parks Brewing seeks your support in helping to obtain a by -the -glass licence in accordance with the Alcohol and Gaming Commission of Ontario (AGCO). As per the Zoning By - Law 84-63, section 23.1 under light Industrial (M1) Zone sub section b. xvi) tavern, the zoning for Canadian Parks Brewing is accepted. Find below a detailed explanation of the by -the -glass licence: Manufacturer's Limited Liquor Sales ("by -the -glass") Licence allows the manufacturer to sell and serve their products for conveyance and consumption on their manufacturing site(s) where the sale is primarily aimed at promoting the manufacturer's product and either providing an enhanced tourist experience or fulfilling an educational purpose. This allows Ontario wineries and breweries to sell and serve wine or beer which it has manufactured in servings whose quantities do not exceed 341 ml (12 oz) for beer and 142 ml (S oz) for Ontario wine. Beer or wine may only be sold between 11:00 a.m. and 9 p.m. on any day. These hours may not be extended and no liquor sales licence endorsements are available for this type of sales licence. Guests are allowed to carry and consume wine and beer on the manufacturing site in areas that are under the sole control of the manufacturer and approved under the licence. Wine and beer will not be permitted in such areas as public roads, thoroughfares, driveways and parking lots, or in other areas that may raise public safety concerns. We are therefore requesting Council to support our application, by passing the following resolution: "that the Council of the Municipality of Clarington is in support of the issuance of the Manufacturer's Limited Liquor Sales Licence (By the Glass) to the Canadian Parks Brewing Company to sell and serve beer for consumption by patrons at its manufacturing site, of 422 Lake Road, Bowmanville; and That the Canadian Parks Brewing Company and the AGCO be advised of Council's decision." Sincerely, 47 T ML11MS N FOUNDED ON STRENGTH GUIDED BY VISION February 23rd, 2018 Municipality of Clarington 40 Temperance Street Bowmanville, ON Attention: Samantha Gray Dear Ms. Gray Re.: MTO — Hwy #115 Culverts (Contract #MTO-2017-2012) Noise By -Law Exemption Request R.W. Tomlinson would hereby like to request a Noise By -Law exemption under the MTO Contract 2017-2012. We are requesting permission to complete the construction of the new pipe culvert under Hwy 115 near Concession Road by working 24 hours a day, 7 days a week. These activities would start on April 30th, 2018 and be completed on July 31St, 2018. I have attached to this email an image of the work area which best shows that there are no nearby residents which could be affected by the noise. In fact, tunnel boring operations are quite and only a generator or two may be running. From our previous operation in Orono, we had no complaints from nearby neighbors in close proximity. From a geotechnical perspective, it is best that once we start drilling the new culvert under the highway that we do not stop. Settlement on the highway may occur if we stop overnight. It is better for the safety of the public to keep tunneling to drastically reduce the amount of potential settlement on the roadway. Should you have any additional questions and or concerns contact the undersigned. Sincerely, Ryan[FaquetteM.Eng.M ProjectWoordinatorE R.W.Qomlinson[1imited7 Office:1613 )322®8670 CelI:R613)[E09m1350 Fax:1613)[M221B8440 EMMla i I:baquette&tomlinsongroup.com TOMLINSCIIN FOUNDED ON STRENGTH GUIDED BY VISION www.tomlinsongroup.com 5597 Power Road, Ottawa, ON, K1 G 3N4 Phone: 613-822-1 4 8ax: 613-822-6844 wk ti .'4, dL T MLINS N FOUNDED ON STRENGTH GUIDED BY VISION 7^�51 r 5 9 f www.tomlinsongroup.com 5597 Power Road, Ottawa, ON, K1 G 3N4 Phone: 613-822-14 9 ax: 613-822-6844 United Shoreline: Ontario United in one Voice January 28, 2018 ATTENTION: Mayor and Council, for Council Agenda. Your Lake Ontario shoreline residents, businesses and municipal infrastructures are threatened by the rising waters of Lake Ontario. The staff of the International Lake Ontario St. Lawrence River Board (ILO SLRB) have made it clear that the widespread flooding of 2017 will happen again. Municipalities, emergency responders and residents are NOT sufficiently equipped or resourced to respond to this threat. They need your help, now. OUTFLOW Mases Saunders Dam L r e Lower River GfGrJ, Upper River Laxc Mu iaxe �+ic We invite you and your council to understand what influences Lake Ontario water levels. Upper lakes, spring run-off and rain are the primary sources of 'inflow' into Lake Ontario, in large part beyond human intervention. 'Outflows', however, are directly controlled through human Intervention; they are released through the Moses -Saunders Dam in Cornwall. In January 2017, the International Joint Commission's (IJC) "Plan 2014" came into effect as the NEW outflow regulation plan, replacing 'Plan 1958DD' which had been in place since 1963. Plan 2014 allows for higher highs and lower lows in Lake Ontario while limiting the ability to release water through the Moses -Saunders Dam unless EXTREME 'triggers' are reached. This in spite of the fact that climate change will bring more severe and unpredictable weather. The Globe and Mail's January 5t", 2018 article Inside the Politics of Water helps explain the scope of the flooding in Ontario, Quebec and New York, as well as the response of government on both sides of the lake. Despite tremendous damage and loss, Ontario's flood victims did not receive a single penny under the Disaster Recovery Assistance for Ontarians (DRAO) program, and only Frontenac Islands and Lincoln municipalities have been activated under the Municipal Disaster Recovery Assistance (MDRA) program (although no $$ have been disbursed to date). It was known in advance that there would be winners and losers under Plan 2014 compared to plan 1958DD (see chart). The IJC knew that Plan 2014 would bring damage to the shoreline, but municipalities, businesses and home owners were not warned. Emergency responders were not trained or equipped for lake surge flood response. Retrofits to shoreline protections were not made. There were no protections or indemnities. collaborator@unitedshorelineontario.ca /www.facebook.com/Unitedshorelineontario / www.unitedshorelineontario.ca 50 United Shoreline: Ontario United in One Voice Plan 2014 puts your shoreline infrastructure built to Plan 1958DD at risk • Plan 2014 will cost millions in coastal damages and emergency response • Plan 2014 violates international treaty provisions for protection and indemnity • Plan 2014 transfers the risk and the burden of cost to those that can afford it the least (shoreline citizens), and to those with the fiduciary duty to protect them (municipalities), without mitigation or compensation • According to the Auditor General 2018 report, Ontario is NOT READY for a large scale disaster. Economic Benefits (in $US Million 2005) RegrdatkM Plans Net Average Annual Using stochastic water supplies 1958DD Plan 2014 Hydropower .00 � (Bv7 2.90) $5.26 NYPA-OPG $0.00 53.54 Hydro -Quebec Coastal $000 Old Plan Benchmark $1J6 z 24 •$2.23 Lake Ontario total $0.00 Shore protection maintenance $0.00 New Plan Predictions _51.95 Erosion to unprotected developed parcels $0.00 (Conservative) 750,18 Flooding IS0,00 -50.11 -$0.01 Upper St, Lawrence River flooding $0.00 $0.00 Lower St. Lawrence River flooding $0.00 1 We ask that you do not ignore the devastating impacts of the Spring 2017 flooding: Winners and Losers, Plan 2074 Ensure you have an Emergency Management Plan for the Hazard of Flooding for your municipality. Toronto and Clarington both have specific plans worthy of your attention. 2. Lobby the Minister of Foreign Affairs, the Honourable Chrystia Freeland (Canada's Minister responsible for the IJC) to repeal Plan 2014 or to amend Plan 2014 so that it better protects your residents, businesses & infrastructure. 3. Lobby your MPP for IMMEDIATE resources and supports. Flooding is the #1 threat to your municipality. Under the Emergency Management and Civil Protection Act (Ontario Regulation 380/04), you have primary responsibility and authority for flood response, for the welfare of your residents and for the protection of property. Plan 2014 has been made your problem and has put your responders and residents at risk, without compensation. We don't think that's acceptable. 4. Help your residents connect with other impacted shoreline residents. WE WANT TO HELP EACH OTHER. Use your various media platforms to share www.unitedshorelineontario.ca . 5. Make the Lake Ontario shoreline threat part of your re-election campaign. Make the Pledge. Challenge your peers to do the same. Look on our ACT NOW page to see how else you can help. Sign our petition to call for the repeal of Plan 2014. Water levels for all of the Great Lakes remain above their long-term average for January by at least a foot, and the lakes have begun their seasonal ascent. Lake Ontario is 13 inches above its long-term average, and 8 inches above last year's levels. Now that we know, we can do better. Thank you for your time, attention and leadership. To learn more or to become a collaborator, please email collaborator@unitedshorelineontario.ca . United Shoreline Ontario (USO) collaborator@unitedshorelineontario.ca /www.facebook.com/Unitedshorelineontario / www.unitedshorelineontario.ca 51 Clarftwn Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 5, 2018 Report Number: EGD -005-18 Resolution: File Number: C.BF.27.003 By-law Number: Report Subject: Bond Head Subdivision, Newcastle, Plan 40M-2411 'Certificate of Acceptance' and 'Assumption By-law', Final Works Including Boulevard trees, Fencing and Other Related Works Recommendations: That Report EGD -005-18 be received; 2. That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include boulevard trees, fencing and other related Works, constructed with Plan 40M-2411; 3. That the By-law attached to Report EGD -005-18 be approved assuming a certain street within Plan 40M-2411 as a public highway; and 4. That all interested parties listed in Report EGD -005-18 and any delegations be advised of Council's decision. 52 Municipality of Clarington Report EGD -005-18 Report Overview This report requests Council's permission to allow Engineering Services to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume a certain street within Plan 40M-2411 as a public highway. 1. Background The Subdivision Agreement Page 2 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement with Barr's Development Ltd., to develop lands by plan of subdivision, located in Newcastle and described as Plan 40M-2411 (Attachment 1). The agreement required the developer to construct road ditches and culvert works, and to install boulevard trees and fencing, hereinafter referred to as the "Works". Provisions of the Subdivision Agreement: 1.2 Initial Works These works, which include road ditches and culvert works, were issued a "Certificate of Completion" and a subsequent "Certificate of Acceptance" by the Director of Engineering Services. 1.3 Final Works These works, which include boulevard trees and fencing, were issued a "Certificate of Completion" dated June 1, 2016. This initiated a one (1) year maintenance period, which expired on June 1, 2017. The Works were re -inspected at that time, and although the developer experienced delays in completing the listed items, all issues have now been resolved to the satisfaction of the Director of Engineering Services. 2. Proposal 2.1 It is now appropriate to issue a "Certificate of Acceptance" for the Final works. The Subdivision Agreement requires Council approval prior to the issuance of the "Certificate of Acceptance" for the Final Works. 2.2 Further to the issuance of a "Certificate of Acceptance", a by-law is required to permit the Municipality to assume a certain street within Plan 40M-2411 as a public highway. The proposed by-law can be found as an attachment to this report (attachment 2). 3. Concurrence Not Applicable 53 Municipality of Clarington Resort EGD -005-18 4. Conclusion Page 3 4.1 It is respectfully recommended that the Director of Engineering Services be authorized to issue a "Certificate of Acceptance" for the Final Works, which include boulevard trees, fencing and other related Works constructed within Plan 40M-2411, and that Council approve the by-law attached to Report EGD -005-18, assuming a certain street within Plan 40M-2411 as a public highway. 5. Strategic Plan Application Not applicable. Submitted by. Anthony Cannella, Director of Engineering Services Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Tony Ricciardi, Manager of Construction, 905-623-3379, Ext. 2322 or tricciardi@clarington.net ASC/tr/mb/jb Attachments: Attachment 1 - Key Map Attachment 2 - By-law to Report EGD -005-18 The following is a list of the interested parties to be notified of Council's decision: Corey Barr, Barr's Development Ltd. 54 m �Okebree2e Or QUEEN VICTORIA STREET DARCY STREET H W W H CO) a W 0 W BOULTON STREET Lake Ontario U Metcalf St. a Bond Head Subdivision Plan 40M-2411 N E S 1) DRAWN BY: E.L. DATE: January 29, 2018 KEY MAP igineeringWtta& REPORT EGD- -18 ATTACHMENT No. 1 FILE NAME: 40M-2411.mxd NEWCASTLE, CnO c PORT OF o NEWCASTLE O t— Milligan St. m �Okebree2e Or QUEEN VICTORIA STREET DARCY STREET H W W H CO) a W 0 W BOULTON STREET Lake Ontario U Metcalf St. a Bond Head Subdivision Plan 40M-2411 N E S 1) DRAWN BY: E.L. DATE: January 29, 2018 KEY MAP igineeringWtta& REPORT EGD- -18 ATTACHMENT No. 1 FILE NAME: 40M-2411.mxd Municipality of Clarington Attachment 2 to EGD -005-18 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2018 - Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington. The Council of The Corporation of the Municipality of Clarington hereby enacts as follows: That the street shown on Plan 40M-2411, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby accepted by The Corporation of the Municipality of Clarington as public highway, and assumed by the said Corporation for public use: Block 9 (Street Widening) BY-LAW passed in open session this t" day of 56 Adrian Foster, Mayor 2018. C. Anne Greentree, Municipal Clerk Clarftwn Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 5, 2018 Report Number: EGD -006-18 Resolution: File Number: D.01.34.004 By-law Number: Report Subject: Westvale Subdivision Phase 3, Courtice, Plan 40M-2361 Certificate of Acceptance' and 'Assumption By -Law', Final Works Including Roads and Other Related Works Recommendations: 1. That Report EGD -006-18 be received; 2. That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed with Plan 40M-2361; 3. That Council approve the by-law attached to Report EGD -006-18 assuming certain streets within Plan 40M-2361 as public highways, and dedicating Gord Vinson Avenue and Dewell Crescent within our road network as public highways; and 4. That all interested parties listed in Report EGD -006-18 be advised of Council's decision. 57 Municipality of Clarington Report EGD -006-18 Report Overview Page 2 This report concerns Westvale Subdivision Phase 3. It requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume certain streets within Plan 40M-2361 as public highways, and to dedicate (outside of Plan 40M-2361) Gord Vinson Avenue and Dewell Crescent as public highways. 1. Background 1.1 The Subdivision Agreement The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered April 9, 2002, with 289143 Ontario Limited to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-2361 (Attachment 1). The agreement required the developer to construct all roadworks, including hot -mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for: 1.2.1 Initial Works These works were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. 1.2.2 Street Lighting System These works were issued a 'Certificate of Completion' and subsequent 'Certificate of Acceptance' by the Director of Engineering Services. 1.2.3 Stormwater Management System Not applicable to this phase. 1.2.4 Final Works These works, which include all surface works such as curb and gutter, sidewalk, hot mix paving, boulevard works and street trees, were issued a 'Certificate of Completion' dated November 23, 2015. This initiated a one (1) year maintenance period, which expired on November 23, 2016. The Works were re -inspected at that time, and although the developer experienced delays in completing repairs, all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. PP Municipality of Clarington Resort EGD -006-18 2. Proposal Page 3 2.1 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. 2.2 Further to the issuance of a `Certificate of Acceptance,' a by-law is required to permit the Municipality to assume certain streets within Plan 40M-2361 as public highways, and to dedicate Gord Vinson Avenue and Dewell Crescent within our road network as public highways (Attachment 2). Due to the realignment of Bloor Street a remainder section has become Dewell Crescent. This section of Dewell Crescent is not part of Plan 40M-2361. On the west side of Dewell Crescent (as it crosses Rosswell Drive) is Gord Vinson Avenue (also not within Plan 40M-2361). Gord Vinson Avenue and Dewell Crescent are in the ownership of The Corporation of the Municipality of Clarington and form part of our road network. These road allowances require a by-law to have the lands dedicated for public use. 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2361, and that Council approve the by-law attached to Report EGD -006-18 assuming certain streets within Plan 40M-2361 as public highways and dedicating Gord Vinson Avenue and Dewell Crescent within our road network as public highway. 5. Strategic Plan Application Not applicable. r Submitted by: Reviewed by: Anthony Cannella, Andrew C. Allison, B. Comm, LL.B Director of Engineering Services CAO Staff Contact: Tony Ricciardi, Manager of Construction, 905-623-3379, Ext. 2322 or tricciardi@clarington.net 59 Municipality of Clarington Resort EGD -006-18 ASC/tr/mb/jb Attachments: Attachment 1 - Key Map Attachment 2 - By-law to Report EGD -006-18 The following is a list of the interested parties to be notified of Council's decision: Michael Freedman, 289143 Ontario Limited Page 4 Municipality of Clarington Attachment 2 to EGD -006-18 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2018 - Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1. That the streets shown on Plan 40M-2361, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by The Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Dewell Crescent Bathgate Crescent 2. That the streets known as Gordon Vinson Avenue and Dewell Crescent be dedicated as public highways. BY-LAW passed in open session this th day of 62 Adrian Foster, Mayor KIM.3 C. Anne Greentree, Municipal Clerk Clarington Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 5, 2018 Report Number: EGD -007-18 Resolution: File Number: By-law Number: Report Subject: Building Activity Update January 1 to December 31, 2017 Recommendation: That Report EGD -007-18 be received for information. 63 Municipality of Clarington Report EGD -007-18 Page 2 Report Overview This report provides an update on the building permit activity for 2017, January 1 to December 31, and reports on the Building Division's compliance with the Ontario Building Code mandated timeframes for issuance of building permits. 1. Introduction 1.1 The building permit activity report presents market activity statistics that are intended to provide a clear picture of development activity within Clarington during the period analyzed. The period of analysis for this current report is January 1 to December 31 2017 and will be analyzed against the same period one year ago. We will then compare the current statistics against a five-year average to give an indication of the status of the current market. The year 2017 was a record year for construction value, with all the sectors up over 2016 with the residential sector setting a new record for construction value ($330,154,847) and new units created (1178). 2. Concepts & Definitions 2.1 "Complete Building Permit Application" — is a building permit application that meets the requirements of the Ontario Building Code which include, plans, specifications, documentation and fees, which are in compliance with all applicable law. 2.2 "Permit" — is formal permission to begin the construction, demolition, addition, or renovation. As part of the building permit process, Municipality of Clarington staff must review the plans and documents submitted to ensure they comply with the Ontario Building Code, local Zoning By-laws, and all other Applicable Law. 2.3 "Residential" — refers to construction and permit activity resulting from the creation of all new residential dwelling units as well as accessory structures (detached garages, sheds, etc.), and additions (decks, new additions to a home, etc.). 2.4 "Non-residential" — refers to construction and permit activity that is related to non- residential development such as site servicing, industrial, commercial, and agricultural. 2.5 "Total Construction Value" — refers to the total dollar value of construction activity within a defined period because it is a measure of economic activity as a whole. 2.6 "Total Construction Value Residential" — provides a specific measure of the dollar value of construction within the residential sector and is important because it indicates such things as population growth and more. ID Municipality of Clarington Report EGD -007-18 Page 3 2.7 "Total Construction Value Non-residential" — provides a specific measure of the dollar value of construction within the non-residential sector and is an indicator of business development within Clarington. 3. Total Construction Value & Activity 3.1 The following is a table showing the number of permits issued and the value of construction in each of the building categories for the period, January 1 to December 31 in 2017 and 2016. 3.2 The following graph illustrates the January 1 to December 31 building permit comparison for the last five years. Note that commercial building permits include a broad range of uses permitted such as offices, restaurants, places of worship, and public buildings. Buildings in the industrial category include buildings associated with assembling, fabricating, manufacturing, processing, and repair or storage of goods and materials. 400 C: 200 0 Five Year Construction Value Comparison 2013-2017 65 Government Agricultural ■ Institutional Industrial ■ Commercial 2017 2016 Building Category Number Of Permits Value Of Construction Number Of Permits Value Of Construction % Change Of Value 2017-2016 Residential 978 $330,154,847 991 $320,366,509 3.1% Industrial 24 $24,946,198 23 $10,162,600 145.5% Government 6 $1,205,982 9 $1,095,000 10.1% Commercial 68 $16,957,518 48 $5,645,164 200.4% Institutional 17 $3,296,000 24 $1,920,000 71.7% Agricultural 22 $2,976,650 25 $2,184,230 36.3% Demolition 70 $0 62 $0 N/A Total 1,185 $379,537,195 1,182 $341,373,503 11.2% 3.2 The following graph illustrates the January 1 to December 31 building permit comparison for the last five years. Note that commercial building permits include a broad range of uses permitted such as offices, restaurants, places of worship, and public buildings. Buildings in the industrial category include buildings associated with assembling, fabricating, manufacturing, processing, and repair or storage of goods and materials. 400 C: 200 0 Five Year Construction Value Comparison 2013-2017 65 Government Agricultural ■ Institutional Industrial ■ Commercial Municipality of Clarington Resort EGD -007-18 4. Total Construction Value & Activity Residential Paae 4 4.1 The following pie chart showing the types of dwelling units issued between January 1 and December 31 2017 as well as the types of dwelling units issued in the year to date 2016. 4.2 The following is a table showing the number of new residential units issued in each area of Clarington for January 1 to December 31 2017. We have compared those totals to the year-end totals for each of the past eight years. Year: Area 2017 2016 2015 2014 2013 2012 2011 2010 2009 Bowmanville 589 521 461 420 216 291 360 282 98 Courtice 317 294 290 153 97 179 312 236 113 Newcastle 227 149 154 51 92 34 165 37 24 Wilmot Creek 0 0 0 4 2 2 5 8 9 Orono 0 0 0 0 1 1 1 1 0 Darlington 27 7 8 9 12 6 5 8 6 Clarke 11 15 11 1 12 6 10 8 6 11 Burketon 0 0 0 1 1 1 0 0 1 0 Dwelling Unit Type 2017 Townhouse Apartment 392 23% 33% Single Detached Semi- 489 Detached 42% 22 2% Single Detached 489 Semi -Detached 22 Townhouse 275 ■ Apartment 392 . • Dwelling Unit Type 2016 Townhouse Apartment 182 331 19% 33% ■ Single Detached 480 ■ Semi -Detached 2 ■ Townhouse 182 ■ Apartment 331 Semi -J Detached Single 2 Detached 0% 480 48% ■ Single Detached 480 ■ Semi -Detached 2 ■ Townhouse 182 ■ Apartment 331 Municipality of Clarington Resort EGD -007-18 Paae 5 Enfield 0 0 0 0 0 0 0 0 0 Enniskillen 0 2 0 1 2 3 0 3 2 Hampton 3 1 2 2 0 1 1 0 0 Haydon 0 0 0 1 0 0 0 0 0 Kendal 0 0 1 0 0 0 0 1 1 Kirby 0 0 1 0 1 0 0 1 0 Leskard 0 0 0 0 0 0 0 0 0 Maple Grove 0 0 0 0 0 0 0 0 0 Mitchell Corners 2 0 0 0 1 1 1 0 0 Newtonville 0 3 3 1 3 7 6 1 3 7 5 Solina 2 3 0 0 1 3 1 1 5 Tyrone 0 0 0 0 0 0 1 1 0 Total 1,178 995 931 657 439 537 863 593 274 5. Total Construction Value & Activity 5.1 A measure of economic activity within Clarington may be found in part by looking at the non-residential space, such as industrial, commercial and institutional as well as large multi -unit residential developments such as apartment buildings or condominiums. In this regard we find it helpful to provide information about permits that fit this criteria and exceed a construction value of $1,000,000. The details about such activity in 2017 are provided as follows: Owner Location Description Value ($) Type Westmore 48 Britton Court Industrial Poleline & , Bowmanville Building and Two $1,028,463 Industrial Electric Inc. Storey Office Bowmanville 290 Liberty Street Apartment Apartments North, Bowmanville Building (4 storey $21,008,000 Residential Inc. — 103 units) Newcastle 315 Lakebreeze Condominium Building "F" (6 $2,435,185 Residential Southport Ltd. Drive, Newcastle Units) 67 Municipality of Clarington Resort EGD -007-18 Pa Newcastle 305 Lakebreeze Condominium Building "G" (6 $2,435,185 Residential Southport Ltd. Drive, Newcastle Units) Newcastle 91 King Avenue LCBO (base $2,000,000 Commercial Holdings Inc. West, Newcastle building) St. Mary's 400 Waverley Alternate Fuel $1,200,000 Industrial Cement Inc. Road, Bowmanville Building Hydro One 2151 Energy Drive, Replace Chiller, Air Handling $2,000,000 Industrial Networks Inc. Darlington Units & Exhaust Gyaltsan 109 King Avenue 6 -Storey Mixed Residential Property East, Newcastle Use with $14,000,000 & Management Underground Commercial 3496 Lambs Road, Equestrian Dean Baker Darlington Stables and $1,500,000 Agricultural Riding Arena Newcastle Harbourview 70 Shipway Condominium $9,689,472 Residential Limited Avenue, Newcastle Building Newcastle Harbourview 80 Shipway Condominium $9,689,472 Residential Limited Avenue, Newcastle Building Newcastle Harbourview 80 Shipway Underground $3,922,047 Residential Limited Avenue, Newcastle Parking Garage Ontario 2151 Energy Drive, Emergency Power Darlington Mitigation $4,000,000 Industrial Generation Equipment Cara Foods 2350 Highway 2, Restaurant $1,400,000 Commercial Bowmanville (Fionn McCool's) Municipality of Clarington Resort EGD -007-18 Paae 7 Cara Operations 2340 Highway 2, Restaurant $1,000,000 Commercial Limited Bowmanville (Montana's) 9,009 Pool Enclosure Inspections Ontario Power 1855 Energy Drive, Clean Room $3,400,000 Industrial Generation Courtice Facility Amber 220 Lake Road, Pharmaceutical Canada Inc. Bowmanville Production/ $4,350,000 Industrial Distribution New View 50 Martin Road, Apartment $8,750,000 Residential Holdings Inc. Bowmanville Building LCBO 91 King Avenue Retail Store $1,050,000 Commercial West, Newcastle 6. Durham Region Comparisons 6.1 The Durham Region comparisons are not available at this time. 7. Inspection Activity 7.1 The following is a table showing how many inspections were attended from January 1 to December 31 2017 as well the same time period in 2016. Type of Inspection Completed 2017 2016 Building Inspections 9,286 8,456 Plumbing and Heating Inspections 8,153 9,009 Pool Enclosure Inspections 158 152 Total 17,597 17,617 8. Mandated Response Timeframes 8.1 The Ontario Building Code mandates that complete building permit applications shall be issued or the applicant shall be notified that the permit is being refused and provided with the reasons why it is refused within a prescribed time period based on the type of building. From January 1 to December 31, 1439 applications were Municipality of Clarington Report EGD -007-18 Page 8 received and 757, or 53%, of them were complete applications. For the complete application, the following table reports on the median number of days it took for the Building Division to either issue the permit or notify the applicant why the application was being refused. Permit Type Mandated Timeframe Median Number of Days Residential 10 10 Small Buildings 15 12 Large Buildings 20 19 Complex Buildings 30 0 9. Insights and Outlook 9.1 Building permit activity in the Municipality of Clarington has been strong over the first month of 2018 compared to 2017. The Municipality continues to be a leader in permit activity within the Durham Region and it is anticipated that 2018 will be a strong year for construction activity in the Municipality of Clarington. 10. Concurrence 11.1 Not Applicable 11. Conclusion 12.1 Building permit activity over the first six months of 2017 slowed in comparison to 2016; however, the second half of 2017 was very strong, resulting in a record year for construction value ($379,537,195) and new residential units (1178). 70 Municipality of Clarington Report EGD -007-18 Page 9 12. Strategic Plan Application 13.1 The recommendations contained in this report conform to the Strategic Plan. Submitted by. Reviewed by: Anthony S. Cannella, Andrew C. Allison, B. Comm, LL.B Director of Engineering Services CAO Staff Contact: Brent Rice, Chief Building Official, 905-623-3379, Ext. 2303 or brice@clarington.net ASC/br/jo/jb Attachments: N/A There are no interested parties to be notified of Council's decision. 71 Clarftwn Community Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 5, 2018 Report Number: CSD -002-18 Resolution: File Number: By-law Number: Report Subject: Public Access Defibrillator Program - Lakeridge Health Agreement Renewal Recommendations: 1. That Report CSD -002-18 be received; 2. That Council authorize the Mayor and Clerk to sign the Agreement provided by the Central East Prehospital Care Program (CEPCP), on behalf of Lakeridge Health; and 3. That Central East Prehospital Care Program be advised of action taken. 72 Municipality of Clarington Report CSD -002-18 Report Overview Page 2 This report recommends approval of the renewal agreement with Central East Prehospital Care Program for the Public Access Defibrillator program in municipal facilities and buildings. 1. Background 1.1 The Municipality has been involved with the Cardiac Safe Community Public Access Defibrillator Program, coordinated by the Central East Prehospital Care Program (CEPCP) since 2005. The program began with the installation of our first automatic external defibrillator (AED) unit at Courtice Community Complex that year. 1.2 In November 2012 Council approved the expansion of the defibrillator program to be offered to all hall boards and other non -municipally operated buildings. As directed, the funding for the additional AED units and program support was included in the 2013 Operating Budget. This expanded program was to be administered by the Operations Department. 1.3 Currently there are 28 AED units in Clarington operating under this partnership with CEPCP. 1.4 The current agreement is scheduled to expire on March 31, 2018. 2. Proposal 2.1 By continuing to work with CEPCP under this agreement it is ensured that the Municipality and the Public Access Defibrillator (PAD) responders are working under the oversight of the CEPCP of Lakeridge Health when providing defibrillation to a victim of sudden cardiac arrest. 2.2 The components of the agreement includes medical oversight; annual certification training; biomedical servicing of all AED units; and ongoing staff support of the program. 2.3 The agreement (Attachment 1) has been set-up to include all AED locations. The Operations Department will continue to administer the AED units located in board operated community halls and buildings. The Community Services Department will continue to administer the AED units located in municipally operated indoor recreation facilities. 2.4 The term of this agreement is for two years, effective April 1, 2018 and expiring on March 31, 2020. 3. Financial Considerations 3.1 The Program Fees listed in the attached agreement are consistent with the previous agreement with no increase in fees. The required funds for the applicable fees have been budgeted for in the appropriate department's operating budgets. 73 Municipality of Clarington Resort CSD -002-18 4. Concurrence Paae 3 4.1 This report has been reviewed by Fred Horvath, Director of Operations, who concurs with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that Council approve the renewal of this agreement and the Municipality continues to partner with CEPCP for the provision of medically appropriate care for our citizens and our visitors. 6. Strategic Plan Application Not applicable. Submitted by: for Joseph P. Caruana, Director of Community Services Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: George Acorn, Facilities Manager, 905-623-3379 ext. 2503 or gacorn@clarington.net Attachment: Attachment 1 — Semi Automatic External Defibrillation Agreement The following is a list of the interested parties to be notified of Council's decision: Sarah Vanderzee, Manager Office Operations, Central East Prehospital Care Program 74 Semi Automatic External Defibrillation Agreement For the Cardiac Safe Community Public Access Defibrillation Program for Durham Region BETWEEN Lakeridge Health ("The Hospital") and The Municipality of Clarington ("MOC") LH/MOC Agreement April 2018 - March 2020 Agreement 75 Princiale Statement This agreement between the above parties will ensure that the The Municipality of Clarington and Public Access Defibrillation (PAD) responders are working under the oversight of the Central East Prehospital Care Program (CEPCP) of Lakeridge Health when providing semi automated external defibrillation (SAED) to a victim of sudden cardiac arrest (SCA). It also provides for the provision of medically current training services in SAED & CPR to those PAD Responders by and under the direction of the CEPCP Medical Advisory Board Physicians. These conjoint efforts are focused on the provision of medically appropriate care for the citizens in our community. THEREFORE in consideration of the mutual covenants contained herein and subject to the terms and conditions hereinafter set forth the parties hereto agree to participate in the Central East Prehospital Care Program Cardiac Safe Community PAD Program in accordance with the terms outlined in the Agreement. L Pro -gram Components and Recommendations (cc) The following items will be components of program maintenance: f Provision of medical oversight by the Central East Prehospital Care Program (CEPCP) for the Cardiac Safe Community Program for Durham Region. f Provision of initial certification training and evaluation for SAED for PAD responders. f Provision of recertification evaluation for SAED. f Provision of C.P.R. recertification evaluation and training of the PAD responder employees as required. f Development and provision of in-house reviews of SAED. f Provision of Biomedical Engineering by the Lakeridge Health Biomedical Engineering Program, once per year or after each use, to ensure that the SAEDs are maintained according to the manufacturer's standards, including biomedical direction for the replacement of batteries and pads when mandated by the manufacturer or the Biomedical Department. f Method design for the collection of patient care outcome data by the CEPCP to provide the basis for ongoing patient care quality assurance programs. f A Site Coordinator's Meeting will be organized by CEPCP on an annual basis to review the program's goals, outcomes, and patient care protocols. Additional meetings between MOC and the CEPCP will be held at the request of either party. f Availability of the CEPCP staff and physician to consult on and review issues and procedures as required. f Dedication of a designated CEPCP PAD Coordinator as a prime contact for the PAD site. LH/MOC Agreement April 2018 - March 2020 76 f CEPCP medical and logistical support for the development of Conjoint Public Access Defibrillation Programs in our Community. f The CEPCP will provide instructors (Paramedics and Firefighters) to deliver SAED training, using the principles of Adult Learning. The scope of this training will include, but is not limited to the content of the Canadian Heart and Stroke Foundations CPR & SAED recommendations. All curriculum content and instructor training and qualifications will be approved by the Central East Prehospital Care Program Medical Advisory Board Physicians. f To identify placement of such SAED throughout the site to ensure time to defibrillation can be achieved in 3-5 minutes or less from time of recognition of cardiac arrest; (dd) The following items are recommendations of program maintenance: f To recommend the SAED be placed in an Emergency Response Case that will audibly and visually (flashing red light) alert staff that the emergency response case door has been opened. When the SAED is removed from the Emergency Response Case, a call is automatically made to the alarm company who in turn will notify 911 to activate emergency services (Fire Service and Emergency Medical Service). f To establish an action plan in the case of an emergency and AED use. f To maintain quality assurance by establishing a collaborative environment between the rescuers, CEPCP, Fire Service, and Emergency Medical Services (EMS) Paramedics through training, feed -back, group sharing of knowledge and learning from experience, and to establish a follow-up support system for rescuers post-SAED use (ie. critical incident stress intervention). IL Agreement Criteria for PAD Program It is clearly understood and agreed to by both parties that medical consultation to the PAD Responder for the purpose of SAED is provided under the following conditions: QQ. Consultation with respect to the Cardiac Safe Community PAD program is provided under the auspices of the CEPCP Medical Advisory Board Physicians. RR. Consultation is available when the PAD responder is acting in the best interest of a SCA victim. This may include the utilization of a SAED in another PAD site. Anyone who has been taught PAD under our program can assist citizen responders in the use of a PAD response. The audio and text prompts from the SAED must be followed exactly. SS.Non-trained responders who use the SAED in good faith and voluntarily are protected from liability by the Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N (Appendix B) and the Good Samaritan Act, 2001 S.O. 2001, CHAPTER 2 (Appendix C). Ill. Trainin_p Development Academic Goals and Standards CC. All training materials and lesson plans in the initial and on-going program development process will be scrutinized by qualified adult educators. "Qualified Adult Educators" for the purpose of this agreement are prehospital care professionals with LH/MOC Agreement April 2018 - March 2020 77 practice qualifications of at least the Advanced Care Paramedic Level and with formal certification in adult education from a recognized community college or university. DD. All learning objectives and learning outcomes for this program will be approved by a physician who is qualified as a specialist in Emergency Medicine and has experience providing medical direction in the field of out-of-hospital Emergency Care. IV. Agreement Term This Agreement is for a term of three years, effective April 1, 2018, and expiring on March 31St 2020, or as terminated pursuant to Section VII: Dispute Resolution. V. Program Fees and Services Provided A. Fees: 43. Initial Site setup, including site assessment, signage, initial Biomed visit and PAD awareness session is a one time fee of $600.00. 44. Annual training and certification of providers is at a fee of $750.00 for a class size between 7 - 12 participants. Class duration will be 6 1/2 - 7 hours which includes all breaks. Classes must be cancelled no less than 2 business days prior to the scheduled session, otherwise the usual charge applies. 45. Program Support is an annual fee of $1,000.00 for the initial unit at a site. Additional units at the same location require an annual fee of $450.00 per unit. HST is not included in the above fees. Program fees will be subject to review and increase on renewal of this contract. For PAD Responders requiring remedial continuing education from the CEPCP PAD Coordinator or the CEPCP Physician over and above the instruction detailed the CEPCP and the RMDSS will negotiate a fee for that service at that time. B. Invoicing: Training costs will be invoiced on a per course basis. Program and Biomedical Engineering support costs will be invoiced quarterly starting in April of each year. The number of sites to be billed is determined by the site list contained in Appendix A. Sites that become active during the year will be billed when they become a live site. The initial setup fee will apply in full and the support fees will be calculated on a prorated basis, based on the number of whole months the site will be active in that calendar year. C. Services: 127. Emergency Action Plan Development: - site assessment to determine the number of SAED's required - direct best placement for access to SAED - medical emergency response plan implementation (site specific) 128. CPR Education Review (Canadian Heart & Stroke Foundation Guidelines): LH/MOC Agreement April 2018 - March 2020 - placing 911 call (role of police, fire, and ambulance) - risk factors of heart disease - recognition of heart attack - choking emergencies - patient assessment - one and two person adult CPR 129. Defibrillation Training: - SAED shock & nonshockable protocols - scenarios (based on Emergency Action Plan) - trouble shooting - SAED weekly, monthly, and after use checks - communication/documentation 130. PAD awareness session for Non -targeted Responders - concept of rapid defibrillation/medical direction of defibrillation medical legal liabilities and issues - questions and concerns 131. Physician/Physician Review and Oversight of: - program design - operational critique for every event 132. Newsletter for Targeted Responder (continuing educational topics for medical emergencies) 133. Quality Assurance and Risk Management: - identify and provide ongoing training for site coordinators - daily, monthly, and after use checks - Emergency Action Plan Audit - Begin development of local on-site coordinators to enhance initial certification process for new employees 134. Six month reviews (site visits) to: - Ensure weekly and monthly checks are being completed - Ensure adequate signage is placed to direct persons to the AED - continue development of local on-site coordinators 135. Office Administration: - maintenance of certification records - updates of protocol changes - clinical co-ordinator dedicated to Targeted Responder Program - Program representative on call 24/7 to respond to any issues/concerns or post - SCA events 10. Critical Incident Stress management services. - demobilization education is provided for the Site Co-ordinator and staff that will be called in to talk with PAD responders following a SCA - when Targeted Responder personnel are involved in an event, the Cardiac Safe Community Program will ensure incident debriefings are facilitated - the Cardiac Safe Community Program is affiliated with and supports the Durham Region Critical Incident Stress Management Team Services LH/MOC Agreement April 2018 - March 2020 79 11.13iomedical Engineering Support and Operational Risk Management - check SAED once a year - change SAED battery as required - change SAED pads as required - ensure SAED meets operational needs - certification of machine safety and operation Vl. Mutual Indemnification Clause The Hospital agrees to indemnify and save the The Municipality of Clarington harmless from all loss, cost, expense, judgment or damage on account of injury to persons including death or damage to property, in any way caused by the negligence of the hospital, its servants, agents or employees related to or arising out of programs or other matters to which this agreement pertains, together with all legal expenses and costs incurred by the The Municipality of Clarington in defending any legal action pertaining to the above. The The Municipality of Clarington agrees to indemnify and save the Hospital harmless from all loss, cost, expense, judgment or damage on account of injury to persons including death or damage to property, in any way caused by the negligence of the The Municipality of Clarington, its servants, agents, or employees related to or arising out of programs or other matters to which this agreement pertains, together with all legal expenses and costs incurred by the Hospital in defending any legal action pertaining to the above. VII. Dispute Resolution If either party is dissatisfied with the performance of the other party, the dissatisfied party may give written notice of the dissatisfaction to the other party and shall provide the other party with thirty (30) days within which to rectify the matter of dissatisfaction. Where the matter is not corrected to the satisfaction of the party giving notice within the thirty (30) day period, the dissatisfied party may terminate this Agreement by giving the other party ninety (90) days written notice of the party's intention to terminate the Agreement. The ninety (90) day period of notice shall commence five (5) business days after the notice has been mailed to the other party or twenty-four (24) hours following delivery of the notice by hand or by facsimile transmission. LH/MOC Agreement April 2018 - March 2020 Vlll. Review of Agreement The parties mutually agree that this Agreement will be reviewed, prior to the end of its term, by Lakeridge Health and the The Municipality of Clarington. Any such renewal shall be based upon such terms and conditions, including any or all of the provisions of this Agreement, as may be mutually agreed to by the parties. The parties have caused this Agreement to be executed by their authorized representatives. Mayor, Print Date Municipality of Clarington Municipal Clerk, Print Date Municipality of Clarington Lakeridge Health Print Vice Presient Finance and Information Management LH/MOC Agreement April 2018 - March 2020 Date Appendix A to Semi Automatic External Defibrillation Agreement between Lakeridge Health and The Municipality of Clarington April 1, 2018 to March 31, 2020 This appendix maintains a complete list of all sites covered under this Agreement and will be updated when sites become active or are deactivated. Date of current Appendix A: Replaces dates of previous Appendix A: MOC Site Locations Site �Unit Type Serial # Biomed # Bowmanville Memorial Park Clubhouse CR+ 43019129 804486 Clarington Town Hall CR+ 41899924 804450 132 Church Street CR+ 41610234 804391 Brownsdale Community Hall CR+ 45529861 805094 Hampton Operations CR+ 41899917 804451 Haydon Community Centre CR+ 42149184 804445 Kendal Community Centre CR+ 41899925 804393 Newcastle Memorial Arena CR+ 41992471 804478 Newcastle Community Hall CR+ 41899915 804392 Hampton Community Hall CR+ 45530053 805093 Newtonville Community Hall CR+ 42098646 804424 Orono Arena CR+ 41992459 804850 Orono Operations Centre CR+ 41671451 804449 Orono Town Hall CR+ 42241140 804474 Parks Dept 42 Yard CR+ 41899923 804453 Sarah James Williams Heritage Centre CR+ 41899922 804452 Clarington Beech Centre CR+ 41899916 804390 Clarington Beech Centre G3 4397960 803999 Solina Community Hall CR+ 41227493 804322 Tyrone Community Centre CR+ 42149185 804454 Visual Arts Centre CR+ 41671450 804430 Alan Strike Aquatic Centre G3 4378809 804314 Bowmanville Indoor Soccer Facility G3 4369478 803997 Courtice Community Centre G3 4369864 803996 Darlington Sports Centre G3 4378809 804314 Garnet B. Rickard Recreation Complex G3 4389100 803998 Newcastle Recreation Complex G3 4378757 804315 South Courtice Arena G3 4369478 803997 South Courtice Arena G3 4390766 803995 LH/MOC Agreement April 2018 - March 2020 Appendix B Chase McEachern Act (Heart Defibrillator Civil Liabilitv). 2007. S.O. 2007, c. 10. Sch. N Citation: Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N Information about this Consolidation: No Amendments. text: URL: http://www.canlii.org/on/laws/sta/2007c.10sch.n/20070717/whole.h tml Version downloaded by CanLll on 2007-07-17 Chase McEachern Act (Heart Defibrillator Civil Liability), 2007 S.O. 2007, CHAPTER 10 Schedule N Definitions 1. In this Act, "defibrillator" means an automated external medical heart monitor and defibrillator that is capable of, (a) recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, (b) determining, without intervention by an operator, whether defibrillation should be performed, (c) automatically charging and requesting delivery of an electrical impulse to an individual's heart as medically required, and (d) satisfying any other criteria that may be prescribed by regulation; ("defibrillateur") "emergency" means a situation during which the behaviour of an individual reasonably leads another individual to believe that the first individual is experiencing a life-threatening event that requires the provision of immediate care to assist the heart or other cardiopulmonary functioning of that person; ("situation d'urgence") "health care professional" means, (cc) a member of a College of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991, (dd) such other persons or classes of persons as may be prescribed. ("professionnel de la sante") 2007, c. 10, Sched. N, s. 1. Protection from civil liability, user of defibrillator 2. (1) Despite the rules of common law, a person described in subsection (2) who, in good faith, voluntarily and without reasonable expectation of compensation or reward uses a defibrillator on a person experiencing an emergency is not liable for damages that result from the person's negligence in acting or failing to act while using the defibrillator, unless it is established that the damages were caused by the gross negligence of the person. 2007, c. 10, Sched. N, s. 2 (1). Persons covered (2) Subsection (1) applies to, LH/MOC Agreement April 2018 - March 2020 (cc) a health care professional, if the health care professional does not use the defibrillator at a hospital or other place having appropriate health care facilities and equipment for the purpose of defibrillation; and (dd) an individual, other than a health care professional described in clause (a), who uses a defibrillator at the immediate scene of an emergency. 2007, c. 10, Sched. N, s. 2 (2)• Reimbursement of expenses (3) Reasonable reimbursement that a person receives for expenses that the person reasonably incurs in using a defibrillator shall be deemed not to be compensation or reward for the purpose of subsection (1). 2007, c. 10, Sched. N, s. 2 (3). Protection from civil liability, owner or operator of premises 3. (1) Despite the Occupiers' Liability Act and the rules of common law, any person who owns or occupies premises where a defibrillator is made available for use and who acts in good faith with respect to the availability or use of the defibrillator is exempt from civil liability for any harm or damage that may occur from the use of the defibrillator. 2007, c. 10, Sched. N, s. 3 (1). Exception (2) Subsection (1) does not exempt the person who owns or occupies the premises where a defibrillator is made available for use from civil liability if, (qq) that person acts with gross negligence with respect to making the defibrillator available; (rr) that person fails to properly maintain the defibrillator; or (ss) the premises where the defibrillator is made available for use is a hospital or other premises used primarily for the purpose of providing health care to individuals. 2007, c. 10, Sched. N, s. 3 (2). Regulations 4. The Lieutenant Governor in Council may make regulations, (eee) prescribing criteria for the purpose of the definition of "defibrillator" in section 1; (fff) prescribing persons or classes of persons for the purposes of the definition of "health care professional" in section 1; (ggg) governing standards for the proper maintenance of defibrillators; (hhh) respecting any matter necessary or advisable to carry out effectively the purposes of this Act. 2007, c. 10, Sched. N, s. 4. Applies to the Crown 5. This Act applies to the Crown and any agency of the Crown. 2007, c. 10, Sched. N, s. 5. 6. Omitted (provides for coming into force of provisions of this Act). 2007, c. 10, Sched. N, s.6. 21. Omitted (enacts short title of this Act). 2007, c. 10, Sched. N, s. 7. Reference: Chase McEachern Act (Heart Defibrillator Civil Liability), 2007, S.O. 2007, c. 10, Sch. N; http://www.canlii.org/on/laws/sta/2007c.1 Osch.n/20070717/whole. html. LH/MOC Agreement April 2018 - March 2020 Appendix C Good Samaritan Act, 2001, S.O. 2001, CHAPTER 2 No amendments. Definition 57. In this Act, "health care professional" means a member of a College of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991. 2001, c. 2, s. 1.Protection from liability 58. (1) Despite the rules of common law, a person described in subsection (2) who voluntarily and without reasonable expectation of compensation or reward provides the services described in that subsection is not liable for damages that result from the person's negligence in acting or failing to act while providing the services, unless it is established that the damages were caused by the gross negligence of the person. 2001, c. 2, s. 2 (1). Persons covered (2) Subsection (1) applies to, a. a health care professional who provides emergency health care services or first aid assistance to a person who is ill, injured or unconscious as a result of an accident or other emergency, if the health care professional does not provide the services or assistance at a hospital or other place having appropriate health care facilities and equipment for that purpose; and b. an individual, other than a health care professional described in clause (a), who provides emergency first aid assistance to a person who is ill, injured or unconscious as a result of an accident or other emergency, if the individual provides the assistance at the immediate scene of the accident or emergency. 2001, c. 2, s. 2 (2). Reimbursement of expenses (3) Reasonable reimbursement that a person receives for expenses that the person reasonably incurs in providing the services described in subsection (2) shall be deemed not to be compensation or reward for the purpose of subsection (1). 2001, c. 2, s. 2 (3). 59. Omitted (provides for coming into force of provisions of this Act). 2001, c. 2, s. 3. 60. Omitted (enacts short title of this Act). 2001, c. 2, s. 4. Reference: Good Samaritan Act, 2001, S.O. 2001, CHAPTER 2; http://www.e- laws.gov.on.ca/html/statutes/english/elaws_statutes_01 g02_e.htm LH/MOC Agreement April 2018 - March 2020 Clarftwn Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 5, 2018 Report Number: CLD -009-18 Resolution: File Number: By-law Number: Report Subject: 2018 Municipal Elections - Compliance Audit Committee Terms of Reference Recommendations: 1. That Report CLD -009-18 be received; 2. That the members of the 2014-2018 Municipality of Clarington's Compliance Audit Committee be thanked; 3. That the draft by-law attached to Report CLD -009-18, as Attachment 1, to update the Terms of Reference for the Municipality of Clarington's Compliance Audit Committee, be approved; 4. That the Municipality of Clarington's Compliance Audit Committee Rules of Procedure be received for information; and 5. That Staff be directed to initiate recruitment for the appointment of the three members of the 2018-2022 Municipality of Clarington's Compliance Audit Committee. Municipality of Clarington Report CLD -009-18 Page 2 Report Overview Recent changes to the Municipal Elections Act, 1996, require that Council amend the terms of reference for the next Compliance Audit Committee term. This report outlines the recommended changes to the Terms of Reference and provides the updated Rules of Procedure for the Compliance Audit Committee arising out of changes to the Act. As well, the current term of Clarington's existing Compliance Audit Committee will end as of November 30, 2018 and this report is intended to seek direction to proceed to advertise to recruit applications for Council's consideration. 1. Background Legislation 1.1 The Municipal Elections Act, 1996, as amended, (the MEA) requires that every municipality appoint a compliance audit committee prior to October 1 of an election year. 1.2 The Committee has the full authority provided by Sections 88.33 to 88.37 of the MEA to address applications requesting an audit of a candidate's or third party advertiser's election campaign finances and to consider reports from the Clerk citing apparent instances of over -contribution to municipal campaigns. As per the MEA, this authority includes but is not limited to the following: x review applications for a compliance audit and grant or reject audit requests within 30 days of receipt x where an audit is granted, appoint an auditor and review the audit report x following the audit, decide whether legal proceedings shall be commenced x within 30 days after receiving report(s) from the Clerk under Sections 88.34 and 88.36 (dealing with apparent campaign contributions in excess of permitted limits), the compliance audit committee shall meet to consider the report(s) and decide whether to commence a legal proceeding against a contributor for an apparent contravention, if applicable. Municipality of Clarington Resort CLD -009-18 Paae 3 1.3 Changes to the MEA are detailed in Sections 88.33 to 88.37 of the MEA and address matters such as, x The increased responsibility for the Compliance Audit Committee to consider applications requesting a compliance audit pertaining to registered third party contraventions, x timing for meeting notice, x Permitting deliberations to be conducted in private, x Requiring the Committee to provide written reasons for granting or rejecting an application and decisions arising out of a review of the Auditor's report, to the candidate, the Clerk and the applicant, X Requiring the Clerk to review candidate and registered third party financial statements, to prepare a report of candidates or registered third parties exceeding contributions, and to forward the report to the Compliance Audit Committee, and x Committee eligibility restrictions to include any person who is registered as a third party advertising 2. Proposed Changes Terms of Reference 2.1 Council established the Terms of Reference for the Municipal Election Compliance Audit Committee for the 2014-2018 term by passing By-law 2014-049 in May, 2014, arising from Report CLD -013-14. 2.2 As a result of the changes to the MEA, staff are recommending several amendments to Clarington's Compliance Audit Committee Terms of Reference such that the Terms are in line with the MEA. Attachment 2 is a redline version of the proposed Terms of Reference. Rules of Procedure 2.3 The Act requires the Municipal Clerk to establish administrative practices and procedures for the Committee to carry out their duties. Municipality of Clarington Report CLD -009-18 Page 4 2.4 Attachment 3 to this report are the Clerk's draft updated Rules of Procedure, which has been drafted based on the proposed amendments to the Terms of Reference presented in this report for Council's information. 3. Current Committee 3.1 The current Committee exists of three appointed members: Joe Brown, Paul Jones, and Howard Smith, whose term ends November 30, 2018. 3.2 There have been no requests for a compliance audit submitted to the Clarington Municipal Election Audit Compliance Committee at the time of writing of this report. 4. Financial Implications Costs 4.1 The Municipality is responsible for any costs resulting from the review of applications submitted to the Clarington Municipal Election Compliance Audit Committee. These costs include: x Committee members' retainer (recommended $400/member [an increase from $200, but in line with other municipalities within the Region]), x Committee members' per diem $350 for each committee meeting [changed from flat rate of $250 to be consistent with other municipalities within the Region], x Committee member mileage (recommended rate as per Municipality's prevailing standard rate), x Committee member training $200 (usually coordinated with Durham Region municipalities), x WAditor's costs to perform an audit, x &ts related to the Committee's operations and activities (i.e. copying, postage, etc.), x legal costs related to an appeal to the Ontario Court of Justice with respect to a decision of the Committee, and Municipality of Clarington Report CLD -009-18 Page 5 x legal costs to undertake legal action against the candidate for violations of the elections finance provisions of the MEA. 4.2 Costs for advertising the vacancies will be included as part of the normal advertisement process. 4.3 Any costs incurred for a compliance audit during the Term of Council would be charged to the Municipal Election reserve. These costs are difficult to estimate although, because they depend entirely on the unforeseen volume of applications. 5. Formation of Next Committee 5.1 Following the adoption of a new Terms of Reference, Staff will begin recruitment for the appointment of the next Committee for the term 2018-2022. Staff will advertise in the local paper, and on the municipal website, detailing the selection criteria. Additionally, staff will contact the Institution of Chartered Accountants of Ontario; the Law Society of Upper Canada; Durham Regional Police Services; and UGIT. 5.2 The following selection criteria are recommended: a) Demonstrated knowledge and understanding of municipal election campaign financing rules; b) Experience in accounting and audit, law, law enforcement and academics from related fields; c) Proven analytical and decision- making skills; d) Experience working on committees, task forces or similar settings; e) Demonstrated knowledge of quasi-judicial proceedings; f) Availability and willingness to attend meetings; and g) Excellent oral and written communication skills 5.3 At the close of the application period, that all applications be forwarded to Council for consideration, selection, and appointment effective December 1, 2018. 6. Concurrence Not Applicable ac Municipality of Clarington Resort CLD -009-18 7. Conclusion Paae 6 7.1 In order to fulfil the requirements of the MEA, it is recommended that the proposed changes to the Terms of Reference be approved and that the draft by-law be approved by Council. 8. Strategic Plan Application Not applicable. SuhmittPrl hv- C. Anne Greentree, B.A., CMO, Municipal Clerk Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or jgallagher@clarington.net Attachments: Attachment 1 — By-law to update the Terms of Reference Attachment 2 — Redline Version of Terms of Reference Attachment 3 — Updated Clerk's Rules of Procedure There are no interested parties to be notified of Council's decision. 91 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 2018 -XXX Being a By-law to establish a Clarington Municipal Election Compliance Audit Committee for the 2018-2012 Term. Whereas section 88.37(2) of the Municipal Elections Act, 1996, as amended, (the Act) requires the Council to establish a Compliance Audit Committee, before October 1, 2018, for the purposes of Section 88.33 to Section 88.37 of the Act; and Whereas the Municipality of Clarington is committed to ensuring a consistent, open and transparent process for receiving and processing compliance audit applications and for receiving and reviewing any Clerk's Reports regarding contributor contraventions. Now Therefore the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The Clarington Municipal Election Compliance Audit Committee, consisting of three members, be established, as per the Terms of Reference attached to and forming part of this by-law as Attachment 1. 2. The Clarington Municipal Election Compliance Audit Committee shall carry out its mandate and duties in accordance with the Rules of Procedure as established by the Municipal Clerk. 3. By-law 2014-049 is hereby repealed. By -Law passed in open session this day of , 2018 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 92 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 MUNICIPALITY OF CLARINGTON Municipal Election Compliance Audit Committee Terms of Reference Legislative Requirement Section 88.37 of the Municipal Elections Act, 1996, (the Act) as amended requires Council to establish a compliance audit committee before October 1 of an election year, for the purposes of the Act. 2 Mandate The powers and functions of the Committee are set out in the MEA, as follows: 1. Review any applications of a compliance audit of any candidate who ran for election to the Municipality of Clarington Council, if the application was received in accordance with the legislative requirement, even if the candidate has not filed a financial statement under section 88.25 of the MEA. 2. Review any applications of a compliance audit of a Registered Third party for an election in the Municipality of Clarington. 3. Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected. 4. If the application is granted, the Committee shall appoint an auditor licensed under the Public Accounting Act, 2004, or other prescribed person, to conduct a compliance audit of the candidate's/Registered Third Party's election campaign finances. 5. The Committee will review the auditor's report within 30 days and may, if the report concludes that the candidate/registered third party appears to have contravened a provision of the Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention. 6. Review any Clerk's Report of Over Contribution under Sections 88.34 or 88.36 to decide whether to commence a legal proceeding against a contributor for an apparent contravention. Municipal Election Compliance Audit Committee TOR Page 1 of 4 93 3 Term The Committee shall be established before October 1 of an election year. The Term of Office for the Committee is the same as the Term of Office of Council (December 1 of a regular election year to November 30, of the next regular election year), and shall therefore service in the instance of any by-election that may take place during that time. 4 Composition The Committee shall consist of three (3) members appointed by Council. The following persons are not eligible for appointment to the Committee: x Employees or officers of the Municipality of Clarington x Members of Council x Any candidates in the election for which the Committee is established x Any persons who are registered third parties in the Municipality of Clarington in the election for which the Committee is established. Should an appointed Member accept employment with the Municipality or register as a candidate/third party with the Municipality, their appointment will be terminated. All Committee Members must agree in writing that they will not work/volunteer for any candidate/registered third party, provide advice to, prepare or audit the election financial statements of any candidate for office/registered third party on the Municipality of Clarington's Council or become a candidate/registered third party in the 2018 Municipal Elections and any by-elections during Council's term. 5 Chair At the first meeting of the Committee, the Municipal Clerk shall call the meeting to order and the first order of business shall be the selection of the Chair. The Committee shall select a Chair from among its membership. 6 Proposed Meeting Schedule The Committee shall meet as needed with meetings to be scheduled by the Municipal Clerk, in consultation with the Chair, when a compliance audit application is received. 7 Staffing and Functional Relationship Where the Committee needs to provide advice or information to Council, it shall do so through the General Government Committee. The Municipal Clerk, or designate, will be the main point of contact for members of the Committee, will act as the main contact between the Committee and Council, and will report on Committee activity as required to the appropriate individuals, Council and the public. Municipal Election Compliance Audit Committee TOR Page 2 of 4 MI 5 H S R U W Notwithstanding these relationships, the Committee has full authority to render decisions properly within its mandate independently and without requirement for Council approval. Staff from the Municipal Clerk's Department shall provide administrative support to the Committee. 8 Meetings Meetings of the Committee shall be open to the public, but the committee may deliberate in private. Meetings of the Commifteesha'be GendaGted on ac^rda,TGe with the open meeting requirements of the provisions in teAAnT /TEt2001, amenelea1. The Clarington website will be used to communicate the meeting notices, agendas, and minutes. Reasonable notice for meetings, as determined by the Municipal Clerk, will be given. Committee meetings shall generally be held in the Clarington Municipal Administrative Centre, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair, and at the agreement of the Committee members. Meetings shall generally be held during the regular business hours of the Municipality of Clarington. 9 Costs and Remuneration The Municipality of Clarington is responsible for all costs in relation to the Committee's operation and activities. Remuneration to appointed members will be as follows: x $200-400/member — Retainer fee (includes compensation for review of any background materials) x $20-$350— for each committee meeting; plus mileage x $200 — for attendance at training Municipal Election Compliance Audit Committee TOR Page 3 of 4 95 10 Membership Selection The recruitment process shall include an advertisement in the local paper, and on the municipal website detailing the selection criteria. Additionally, staff will contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UOIT. All applicants will be required to complete an application form outlining their qualifications and experience. All applications will be forwarded to Council for consideration and appointment. 10.1 Selection Criteria The following criteria will be considered when appointing members: x Demonstrated knowledge and understanding of municipal election campaign financing rules; x Proven analytical and decision-making skills; x Experience working on committees, task forces or similar settings; x Experience in accounting and audit, law, law enforcement and academics from related fields; x Demonstrated knowledge of quasi-judicial proceedings; x Availability and willingness to attend meetings; and x Excellent oral and written communication skills. 11 Conflict Of Interest Members of the Committee must abide by the Municipal Conflict of Interest Act. Members shall not use their status on the Committee for personal or political gain. Committee members shall have regard for the Corporate Policy addressing the use of corporate resources during an election year. 12 Completion Criteria The mandate of the Clarington Municipal Election Compliance Audit Committee will be considered complete at the end of each four-year term of Council, at which time, a successor committee shall be appointed. Municipal Election Compliance Audit Committee TOR Page 4 of 4 Municipality of Clarington Municipal Election Compliance Audit Committee Rules of Procedure If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 1. Background 1.1 At its meeting of XXX, 2018, the Municipality of Clarington passed By-law 2018 -XXX thereby establishing the Municipality of Clarington Municipal Election Compliance Audit Committee for the 2018-2022 Term, consisting of three members in accordance with Sec. 88.37(2) of the Municipal Elections Act, 1996, as amended. 1.2 In accordance with Sec. 88.37(6), these Rules of Procedure have been established by the Municipal Clerk of the Municipality of Clarington to ensure that the Clarington Municipal Election Compliance Audit Committee may be able to fulfill its duties and responsibilities in a fair, open and responsible manner. 2. Definitions 2.1 As used in this procedure, the following terms shall have the meanings indicated: a. Application — An application accepted by the Municipal Clerk pursuant to S. 88.33, 88.35 or of the Municipal Elections Act, 1996. b. Candidate — The Candidate whose election campaign finances are the subject of an application for a compliance audit. c. Chair — The Clarington Municipal Election Compliance Audit Committee Chair selected under s. 6 of these Rules of Procedure. d. Clerk's Report of Over Contribution — A report, prepared by the Municipal Clerk, under Section 88.34 or 88.36 of the Municipal Elections Act, 1996. e. Committee — Clarington Municipal Election Compliance Audit Committee. f. Council — The Council of the Municipality of Clarington. g. MEA — The Municipal Elections Act, 1996, as amended. Term of Office = 2018-2022 Page 1 of 8 97 Municipality of Clarington Municipal Election Compliance Audit Committee Rules of Procedure h. Registered Third Party - means an individual, corporation or trade union that is registered with a local municipality under s. 88.6 of the Municipal Elections Act, 1996 whose election campaign finances are the subject of an application for a compliance audit. Secretary — The Municipal Clerk, or designate for the Municipality of Clarington. 3. Rules 3.1 The rules in this procedure shall be observed in all meetings of the Committee. 4. Matters not dealt with in the rules of procedures 4.1 If these rules do not provide for a matter of procedure that arises during a meeting, the practice shall be determined by the Chair and the Chair may do whatever is necessary and permitted by law to enable the Committee to effectively and completely adjudicate on the matter before it. 5. Meetings 5.1 The Committee shall meet at the request of the Secretary, having given reasonable notice. 5.2 The Secretary shall summon a meeting of the Committee when requested to do so in writing by a majority of the Committee members. 5.3 Meetings of the Committee shall be held at Municipal Offices or such other location, as the Secretary deems appropriate. 5.4 Committee meetings shall commence at a time and date to be set by the Secretary, and shall be adjourned on a vote of the Committee. 5.5 Attendance of all Committee members constitutes a quorum at meetings of the Committee. 5.6 Meetings of the Committee shall, subject to the exceptions found in the Municipal Act, 2001, as amended, be open to the public, but Committee deliberations may be in private. Term of Office = 2018-2022 Page 2 of 8 98 Municipality of Clarington Municipal Election Compliance Audit Committee Rules of Procedure 5.7 The applicant, the Candidate and, where applicable, the auditor shall be given an opportunity to address the Committee. 5.8 Addresses to the Committee shall be no more than five minutes in length. 5.9 Where the Committee desires to deliberate in closed session, they shall do so only by resolution. 5.10 Minutes of a closed session of the Committee shall be recorded by the Secretary. 5.11 Upon rising from closed session, the Chair shall report on any resolutions passed in closed session, without disclosing the specific details of the closed session deliberations. 6. Committee Chair 6.1 At the first meeting of the Committee, the Municipal Clerk shall call the meeting to order and the first order of business shall be the selection of the Chair. The Committee shall select a Chair from among its membership. 6.2 If the Chair of the Committee resigns as a member of the Committee or resigns as the Chair of the Committee, the Committee shall appoint another member as Chair for the balance of the term of Council. 6.3 The Chair is the liaison between the members and the Secretary of the Committee on matters of policy and process. 6.4 The Chair shall enforce the observance of order and decorum among the Committee members and the public at all meetings. 7. Delegation by Committee Secretary 7.1 The Secretary of the Committee may delegate administrative responsibilities to a Deputy Secretary. 8. Agenda 8.1 Before each meeting the Secretary shall provide an agenda to each member of the Committee. Term of Office = 2018-2022 Page 3 of 8 99 Municipality of Clarington Municipal Election Compliance Audit Committee Rules of Procedure 8.2 The agenda shall include a copy of any reports by the Clerk regarding over contributions to a Candidate/Registered Third Party, and any written submissions made by the applicant or the Candidate/Registered Third Party. 8.3 The first matter of business on each agenda shall be the declaration of any conflict of interest. 8.4 A copy of the agenda shall also be published on the Municipality of Clarington website. 9. Lack of Quorum 9.1 If no quorum is present thirty minutes after the time fixed for a meeting of the Committee, or the resumption of a meeting after an adjournment, or should a quorum at a meeting be lost for a period of thirty consecutive minutes, the Secretary shall record the names of the members present and the meeting shall stand adjourned until the next regular meeting day scheduled by the Secretary. 10. Committee Procedures Order of Business 10.1 The Order of Business for the Agenda shall be as follows: Meeting Called to Order Disclosure of Pecuniary Interest Adoption of Minutes Matters of Business Opening Statement Delegation — Applicant (In the case of a review of an over contribution, under Section 88.34 or 88.36 of the MEA, this would list read "Report from Clerk of Over Contribution to Candidate V or "Report from Clerk of Over Contribution to Registered Third Party") Delegation — Candidate/Registered Third Party, Agent, Witness Committee Deliberation Adjournment 10.2 Where the agenda includes consideration of more than one Application, each application will be dealt with by the Committee in its entirety before consideration of the next Application. Term of Office = 2018-2022 Page 4 of 8 100 Municipality of Clarington Municipal Election Compliance Audit Committee Rules of Procedure 10.3 Questions to Delegations 10.4 The Committee may, through the Committee Chair, ask questions of the applicant, Candidate/Registered Third Party or any other delegation speaking to an Application. 10.5 Rules of Debate (1) Order of Speaking - When two or more Committee members wish to speak, the Chair shall designate the member who first requested to speak as the member who speaks first. (2) Questions - A Committee member may ask a question only: (a) of a member who has already spoken on the matter under discussion; (b) of the Chair; (c) of an official of the Municipality of Clarington; and (d) of any other person addressing the Committee pursuant to these Rules of Procedure, or (e) for the purpose of obtaining information relating to the matter then under discussion. (3) Voting: (a) Every Committee member present at a meeting of the Committee when a question is put shall vote on the question, unless prohibited by statute, in which case the fact of the prohibition shall be recorded in the minutes of the meeting. (b) The matter put to a vote shall be in the form of a motion addressing the matter then under consideration. (c) In the case of a tie vote, the motion or question shall be deemed to have been lost. Term of Office = 2018-2022 Page 5 of 8 101 Municipality of Clarington Municipal Election Compliance Audit Committee Rules of Procedure (4) Motions: (a) All motions must be introduced by a mover and seconder before the Chair may put the question or motion on the floor for consideration. If no member seconds the motion, the motion shall not be on the floor for consideration and therefore it shall not be recorded in the minutes. (b) Any Committee member may propose a motion on the matter then under consideration which the Clerk shall record in writing. (c) After a motion is properly moved and seconded, it shall be deemed to be in the possession of the Committee, but may be withdrawn by the mover at any time before decision. (d) A motion to amend shall relate to the subject matter of the main motion, shall not be received posing a direct negative to the question, and shall be put to vote in reverse order in which the amendments are made. Only a motion to amend an amendment to the original motion shall be allowed and any further amendments must be made to the original motion. 11. Notice 11.1 Public notice shall constitute posting the Agenda on the Municipal Website. 11.2 The Secretary shall give reasonable notice of a Committee meeting to the Committee by way of email, telephone or in writing by mail, as deemed appropriate. 11.3 Where an Application will be considered at a meeting, the Secretary shall give reasonable notice in writing, by mail, and by telephone to the applicant and Candidate/Registered Third Party of the time, place and purpose of a meeting and of the fact that if either party fails to attend the meeting the Committee may proceed in the party's absence and the party will not be entitled to further notice in relation to the meeting. The written notice shall include the content of the Application. The Candidate/Registered Third Party may respond to the Application in writing. A written response shall be submitted to the Secretary a minimum of two days prior to the Committee meeting at which the Application will be considered. Term of Office = 2018-2022 Page 6 of 8 102 Municipality of Clarington Municipal Election Compliance Audit Committee Rules of Procedure 11.4 The Secretary will forward notice of the Committee's decision, including brief written reasons, to the applicant, and the Candidate/Registered Third party/Contributor at the mailing address provided to the Secretary as required by this procedure. 12. Committee decisions under MEA Applications 12.1 In accordance with s. 88.33(7) and s. 88.35(4) of the MEA, within 30 days of receipt of the Application, the Committee will decide whether to grant or reject the Application. 12.2 If the Committee decides to grant the Application it shall, by resolution, appoint an auditor licensed under the Public Accounting Act, 2004 to conduct a compliance audit of the Candidate's/Registered Third Party's election campaign finances. 12.3 At the request of the Committee, the Secretary may assist the Committee in locating and contacting available auditors to undertake the audit. 12.4 In accordance with s. 88.33(17) of the MEA, within 30 days of receipt of an auditor's report, if the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, the committee shall decide whether to commence a legal proceeding against the candidate / Registered Third Party the apparent contravention of a provision of the MEA relating to election campaign finances. 12.5 In accordance with s. 88.33(18) of the MEA, the decision of the Committee following consideration of the auditor's report, shall be made in writing, including brief written reasons for the decision, and forwarded, by the Secretary (i.e. the Clerk), to the Candidate, and the Applicant. Clerk's Reports 12.6 In accordance with s. 88.34(8) of the MEA, within 30 days of receipt of the Clerk's Report of Over Contribution to a Candidate, the Committee will decide whether to commence a legal proceeding against a contributor for an apparent contravention. Term of Office = 2018-2022 Page 7 of 8 103 Municipality of Clarington Municipal Election Compliance Audit Committee Rules of Procedure 12.7 In accordance with s. 88.36(5) of the MEA, within 30 days of receipt of the Clerk's Report of Over Contribution to a Registered Third Party, the Committee will decide whether to commence a legal proceeding against a contributor for an apparent contravention. 13. Grant Exceptions from Procedures 13.1 The Committee may waive any rule of procedure in this procedure, as it considers appropriate, to ensure that the real questions in issue are determined in a just manner. 14. Minutes 14.1 The Secretary shall prepare minutes of each meeting of the Committee and shall provide members with a copy of the minutes, as soon as the minutes are available. 14.2 The Committee members shall each review and sign the minutes, to confirm that the minutes reflect the Committee's actions. Term of Office = 2018-2022 Page 8 of 8 104 Clarington Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 5, 2018 Report Number: CLD -010-18 Resolution: File Number: By-law Number: Report Subject: Appointment to the Accessibility Advisory Committee Recommendations: 1. That Report CLD -010-18 be received; EITHER: 2a) That the vote be conducted to appoint one citizen representative for a term ending December 31, 2018 or until a successor is appointed, to the Accessibility Advisory Committee for the Municipality of Clarington, in accordance with the Appointments to Boards and Committees Policy; •W 2b) That the following citizen representatives be appointed for a term ending December 31, 2018 or until a successor is appointed, to the Accessibility Advisory Committee for the Municipality of Clarington: x Pinder Dasilva x Sylvia Jaspers-Fayer AND 2. That all interested parties listed in Report CLD -010-18 and any delegations be advised of Council's decision. 105 Municipality of Clarington Report CLD -010-18 Report Overview This report is intended to provide background information, regarding a vacancy on the Accessibility Advisory Committee and to present the applicants for consideration for appointment. 1. Background Page 2 1.1 The purpose of the Clarington Accessibility Advisory Committee is to advise and assist the Municipality in developing and facilitating strategies toward a barrier -free Clarington for citizens with disabilities. This aim shall be achieved through the review of Municipal policies, programs and services and the identification, removal and prevention of barriers faced by persons with disabilities. 1.2 The terms of reference states that the composition of the Committee shall be comprised of seven to ten voting members. The majority of the Committee membership shall be held by persons with disabilities. 1.3 Currently there are seven members appointed to the Committee. 2. Current Situation 2.1 On January 15, 2018, Council approved the following resolution #C-004-18: Whereas the Accessibility Advisory Committee sometimes has challenges achieving quorum at meetings; and Whereas the Terms of Reference allows for 7-10 voting members to be appointed to the Committee; and Whereas the Accessibility Advisory Committee currently has 8 members; Now Therefore it be Resolved that the Municipal Clerk be requested to advertise for 1 additional member of the Accessibility Advisory Committee; and That the December 6, 2017 Accessibility Advisory Committee Minutes be approved. 2.2 Accordingly, the Municipal Clerk's Department advertised for the vacancy on the website and in the local newspapers. In response to the advertisement, the following individuals have put forward an application for consideration: x Pinder Dasilva x Sylvia Jaspers-Fayer**(See Note) NOTE: The Terms of Reference states that "Committee members may serve for 2 consecutive four year terms. A committee member may be permitted to serve additional terms at the discretion of Council". Ms. Jaspers-Fayer was appointed in 2007 and again in 2011. Should Council wish to appoint Ms. Jaspers-Fayer for a further term, Section 8 of the Terms of Reference will need to be waived. 106 Municipality of Clarington Page 3 Report CLD -010-18 2.3 Although the resolution only directed to advertise for one additional member, more than one new member could be appointed if all qualifications are met. 2.4 Applications have been circulated under separate cover (Attachment 1) as they contain personal information. 3. Concurrence Not Applicable 4. Conclusion 4.1 It is respectfully recommended that In order to fulfill the requirements of the Terms of Reference of the Clarington Accessibility Advisory Committee, it is recommended that one or both of the following be appointed to the Clarington Accessibility Advisory Committee, for a term ending December 31, 2018: x Pinder Dasilva x Sylvia Jaspers-Fayer 4.2 If the Committee chooses to appoint Ms. Jaspers-Fayer to the Clarington Accessibility Advisory Committee, it is recommended that Section 8 of the Terms of Reference be waived in order to allow the appointment. 5. Strategic Plan Application Not applic� Submitted by: C. Anne Greentree, B.A., CMO, Municipal Clerk Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Samantha Gray, Committee Coordinator, 905.623.3379 ext.2106 or sgray@clarington.net Attachments: Attachment 1: Confidential Applications (Distributed Separately) Attachment 2: Clarington Accessibility Advisory Committee Matrix (Distributed Separately) The following is a list of the interested parties to be notified of Council's decision: Pinder Dasilva Sylvia Jaspers-Fayer Clarington Accessibility Advisory Committee 107 Clarington Corporate Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 5, 2018 Report Number: COD -005-18 Resolution: File Number: By-law Number: Report Subject: Joint Health & Safety Committee - 2017 Summary Recommendations: That Report COD -005-18 be received; and 2. That the attached updated Policy# E-5 Workplace Harassment and the Health & Safety Policy Statement be endorsed. Municipality of Clarington Report COD -005-18 Report Overview Page 2 The purpose of this report is to update Council on the annual activities undertaken by the Joint Health and Safety Committee during the past year. 1. Background 1.1 The Occupational Health and Safety Act requires the Joint Health and Safety Committee provide the employer with an annual update if requested. This report also provides a summary of incidents and accidents that occurred in the workplace during 2017. 2. 2017 Highlights Review and Update of Corporate Health & Safety Policies 2.1 Work has been progressing throughout the year to review and update the Corporate Health & Safety Policies. The update and review process is ongoing in line with our continuous improvement plan. As part of this review is the Corporate Policy dealing with Harassment and Workplace Sexual Harassment (Attachment #1) and the Health & Safety Policy Statement (Attachment #3). 2016 NEER Statement Results 2.2 Throughout the course of the year, the WSIB monitors the number of reported incidents and accidents. Employers are required to advise the WSIB of any injury that requires medical aid and/or lost time. The cost value of these claims is reported back to the employer quarterly in the form of a NEER statement. NEER is referred to as the New Experimental Experience Rating. The individual employer's performance is measured through the WSIB Performance Index utilizing the previous four (4) year injury history and are used in part to assess the employer's annual premiums. A rating of 1.0 is neutral; above 1.0 requires addition premium surcharges to be paid by the employer; and a rating below 1.0, the employer receives a refund of premiums. These adjustments are in addition to the base rate group premium of $3.05 per $100.00 of earnings which applied for 2017. WSIB has informed us that the base rate group premium of $3.05 will increase by 4.9% to $3.20 for 2018. 2.3 In December 2017 the final NEER results for 2016 were received, indicating a rebate. This indicated Clarington's performance was much better than expected costs for the year. 2.4 Rebates/Surcharges are continually adjusted based on individual claim activity for the previous four years (2013 through to 2016). In December of 2016 the four year NEER summary statement was received. For 2016 the rebate was $125,670 (received by cheque dated December 21, 2017) based on the following: 109 Municipality of Clarington Report COD -005-18 For 2015 the review/adjustment remained neutral Page 3 • For 2014 the review/adjustment decreased our 2014 rebate by($57.64) For 2013 the review/adjustment increased our 2013 rebate by $1,294.07 This resulted in a final rebate cheque of $126,906.43 3. Early and Safe Return to Work Program 3.1 All Departments continue to follow and have success with the Corporate Early and Safe Return to Work Program as set out in the Corporate Health & Safety Policy H31. In order to reduce lost earnings costs to the above noted NEER program, the WSIB encourages all employers to develop an Early and Safe Return to Work program. The purpose of this program is for the employer to work with the injured employee to return to work as soon as possible after experiencing a work-related injury. 3.2 In most cases, employees who experience a work-related injury return to work within 24 hours and do not incur lost wages. However, in more serious injuries, employees may not be able to perform their normal duties. In the past, those employees would have remained off work until they were able to return to full duties. The Early and Safe Return to Work Program allows the employer to offer the employee alternate duties that would be meaningful to the employer, and not cause any further injury to the employee. By doing so, the employee returns to work earlier than they normally may; the employee does not collect WSIB payment for lost wages and the employer does not incur increased WSIB premiums and/or NEER Surcharges. 4. Activities 4.1 The Joint Health and Safety Committee (JH&SC) is co-chaired by Municipal staff representing both management and workers within the Municipality. The committee represents management workers, Canadian Union of Public Employees Local 74 (both Inside and Outside Workers) as well as the Clarington Fire Fighters Association Local 3139. 4.2 The committee currently consists of 14 members (members list; attachment #2) plus alternate members who attend meetings in the absence of a JH&SC Member and assist with monthly facility inspections. 4.3 The municipal JH&SC members meet every month with the exception of July and August. All minutes are retained within statutory limits and current minutes are circulated to Department Heads and they are also posted for all staff on the Health and Safety Boards located at every workplace within the Municipality. A typical agenda will include: 110 Municipality of Clarington Report COD -005-18 x Agenda Review x Introduction of Guests x Department Head Presentation x Approval of Previous Minutes x Business Arising from Minutes x Review of Previous Month Workplace Inspections x Current Workplace Inspections x Accident / Injury Statistics Review x New Business - Departmental Health/Safety Updates x Workplace Inspection Assignments Page 4 4.4 The JH&SC members also conduct monthly inspections of Municipal workplaces. On a monthly basis, there are at least fourteen inspections carried out by the JH&SC. The Occupational Health and Safety Act (OH&SA) states that all facilities must be inspected monthly; and where it is not practical to for a complete inspection, at least part of the facility must be inspected. In addition the requirement to inspect municipal work sites, all other municipally owned facilities (Board operated community centres) are inspected at least once per year. Inspection forms are also retained and the current forms posted on the JH&SC Boards for staff information. 4.5 In February of 2017 Joint Health & Safety Committee Member training was completed for all members including alternates. This was a daylong session put on by the Public Services Health & Safety Association. 4.6 In the fall of 2017 we commenced awareness training sessions for all employees dealing with workplace violence, workplace harassment and workplace sexual harassment covered under Corporate Policy E5, Workplace Harrassment. Approximately 80 employees participated in the training in the fall of 2017 with sessions continuing into 2018, our goal is to provide all employees with this awareness training. 5. Incidents and Accidents 5.1 Incidents and accidents are tracked and reported on a monthly basis to the Health & Safety Committee. The statistics are used to identify trends and opportunities for improvement and training. The total number of incidents documented for 2017 was 48, compared to 78 in 2016. This include lifts, slips, falls, minor cuts, near misses, reports only, in house first aid, as well as WSIB reportable occurrences. 5.2 The Workplace Safety & Insurance Board (WSIB) requires employers to report a work related accident if the employer learns that a worker required health care and/or; is absent from work, earns less than regular pay, requires modified work at less than regular pay, or the worker does not receive medical attention but requires modified work for more than seven calendar days following the date of the accident. Employers are not required to report a work related accident if the worker receives only first aid. 111 Municipality of Clarington Report COD -005-18 Page 5 The Municipality's reportable accident rate was approximately 25% lower in 2017 as compared to 2016 as shown in the chart below, showing a positive trend. REPORTS TO WSIB 2016 2017 Medical Aid 14 12 Lost Time 7 3 TOTAL 21 15 These 15 reported injuries are included in the statistics total noted in 5.1 WSIB Presumptive Claims - For full time firefighters, fire investigators and volunteer firefighters, WSIB has concluded that they have an increased risk for heart disease, lung disease, cancers and Post Traumatic Stress Disorders (PTSD). Legislation was passed that provides that Emergency Responders diagnosed with a prescribed cancer on or after January 1, 1960, and meets the employment duration and additional criteria for the prescribed cancer as set out by WSIB, then the disease is presumed to be an occupational disease due to the nature of the worker's employment. The presumptive cancer claims do not impact the NEER assessment. WSIB Presumptive Claims Under Review Approved 2012 1 2014 2015 2 2016 1 2 2017 1 2018 to date 6. Concurrence This report has been endorsed by both Health & Safety Co -Chairs, Mike McCron and Marc Ladouceur. 112 Municipality of Clarington Report COD -005-18 7. Conclusion Page 6 Support for the Health and Safety Program within the Municipality has been endorsed by all staff from the part-time occasional staff member to full time staff, supervisors, managers, department heads, CAO and Council. This support has been demonstrated by our ongoing annual NEER rebates helping to reduce WSIB costs. Continued support for staff training programs and awareness will continue to reduce injuries and costs within the workplace. 8. Strategic Plan Application Not applicable. Submitted by: e arano, H.B. Sc., C.M.M Director of Corporate Services Reviewed by: " ✓ Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Mike McCron, Health & Safety Coordinator, 905-623-3379, ext., 2204 or mmccron@clarington.net There are no interested parties to be notified of Council's decision. Attachments Attachment 1 — Policy E-5 Workplace Harassment Attachment 2 — Joint Health & Safety Committee Members — 2018 Attachment 3 — Health & Safety Policy Statement - 2018 113 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 POLICY TYPE: POLICY TITLE: POLICY #: POLICY APPROVED BY: EFFECTIVE DATE: REVISED: APPLICABLE TO: Working Conditions and Programs Harassment E5 Chief Administrative Officer April 28, 1997 October 11, 2017 All Employees and Elected Officials The Corporation of the Municipality of Clarington is dedicated to providing a healthy and safe work environment. Acts of workplace harassment by staff, volunteers, visitors, contractors or vendors will not be tolerated. The Municipality of Clarington has a zero tolerance policy regarding workplace harassment. Any violation of the policy will be investigated and may result in disciplinary action up to and including termination with cause. Violence in the workplace is dealt with under a separate Health & Safety Policy (H-8 Workplace Violence). 1. Purpose: a) To convey the Municipality's commitment to maintaining a workplace free of harassment. b) To ensure employees know what to do if he/she has been harassed or accused of harassing another individual, and are aware of their responsibilities in maintaining a harassment free workplace 2. Definitions 2.1 Workplace: any location where business of the Municipality is being conducted such as offices and buildings of the Corporation. The workplace includes cafeterias, washrooms, locker rooms, work sites, on -road municipal vehicles and personal vehicles while occupied by municipal employees during travel for the purpose of municipal business, during regular or non regular hours as required. Harassment that occurs outside the workplace but which has repercussions in the work environment, adversely affecting employee relationships, may also be defined as workplace harassment, with each situation to be evaluated on its own merit. 2.2 Harassment: means engaging in a course of vexatious comments including electronic means of communication or conduct by an employer, someone acting E5 - Harassment Page 1 of 10 114 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 for the employer or co-worker towards any other employee which is intimidating, annoying or malicious and may relate to race, ancestry, place of origin, colour, ethnic origin, citizenship, religion/creed, sex, sexual orientation, age, record of offences (provincial offences and pardoned federal offences), marital status, family status or handicap, against a worker in a workplace that is known or ought reasonably to be known to be unwelcome whether intended or not. 2.3 Harassment is further explained as follows; a) Workplace Sexual Harassment: x Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or x Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome; x Reprisal or threat of reprisal by a person in a position to grant or deny a benefit to a person who has rejected his or her sexual proposition x Unnecessary or unwanted physical contact, ranging from touching, patting or pinching to physical assault x Leering or other suggestive gestures x Unwelcome remarks, jokes, suggestions or insults about a person's physical appearance, attire or sex x Displaying, sending or communicating electronically or by any other means pornographic pictures or other offensive, sexually explicit material x Practical jokes of a sexual nature, which cause awkwardness or embarrassment x Compromising invitations b) Discriminatory Harassment x Unwelcome remarks, jokes or insults about a person's racial background, colour, place of birth, ancestry or citizenship x The displaying of racist, derogatory or otherwise offensive material E5 - Harassment 115 Page 2 of 10 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 x Insulting gestures or practical jokes based on racial or ethnic grounds which cause embarrassment x A refusal to converse or work with an employee because of his or her racial or ethnic background x Any other situation as defined by the prevailing Human Rights Code c) Workplace Harassment x Physically abusive or aggressive behaviour such as pushing, hitting, finger pointing or standing close to the victim in an aggressive manner x Using intimidating or disrespectful body language x Verbally abusive behaviour such as yelling, insults, intimidating comments and name calling x Spreading malicious rumours x Excluding or ignoring the victim x Making little or no eye contact with the victim and refusing to engage in common pleasantries x Sabotaging the victim's work or claiming credit for it x Reportedly blaming others for mistakes x Making false allegations in memos or other documents x A supervisor undermining the victim's efforts by setting impossible goals and deadlines and impeding an employees efforts at promotions or transfers x Persistent excessive and unjustified criticism and constant scrutiny by a supervisor 2.4 Examples that do not constitute Workplace Harassment, providing they are undertaken without malice or intent to intimidate or undermine; x performance reviews x work assignments x work evaluation x disciplinary measures taken by the employer for valid reasons x normal workplace conflict that may occur between individuals, or differences in opinion between co-workers x requesting documentation in support of an absence from work E5 - Harassment 116 Page 3 of 10 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 x a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment 3. Policies: a) The Corporation of the Municipality of Clarington, CUPE Local 74 and the Clarington Fire Fighters Association, Local 3139 supports and recognizes their obligations regarding the right for every employee to work in a harassment free environment, as specified in the prevailing Ontario Human Rights Code and the Occupational Health & Safety Act. b) In keeping with its legal and social responsibilities as an employer, the management of the Corporation shall treat any complaint of harassment as a serious matter. c) No employee shall be harassed because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age, record of offences (provincial offences and pardoned federal offences), marital status, family status or disability. d) A spirit of fairness to both parties must guide the proceedings. This includes the respondent's right to know both the allegations and the accuser and the rights of both parties to a fair and impartial investigation and possibly a hearing. e) Confidentiality will be maintained to the best of management's ability. Any employee who is the subject of a complaint shall be informed of the complaint as soon as reasonably possible. The complainant who wishes to seek a remedy or a sanction through this procedure must be prepared to be identified to the respondent which will be undertaken with efforts to maintain respect for all involved in the situation. All involved in the process are requested to maintain confidentially. f) This policy provides that the complainant not be compelled to proceed with the complaint unless the situation warrants as determined by management. It further provides the complainant with the right to withdraw a complaint at any point up to the final disposition of the matter. Based on knowledge obtained, the Corporation may be required to proceed with the investigation and report without the complainant's direct involvement. E5 - Harassment 117 Page 4 of 10 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 g) The respondent is entitled to a specific disposition of the issue as appropriate to the situation and findings. h) Every effort must be made by all parties to stop the harassment immediately. i) Any employee may at any time throughout the process seek advice or assistance from the Ontario Human Rights Commission. j) The employer will provide workers with information and instruction that is appropriate for the worker on the contents of this policy and program with respect to workplace harassment. 4. Procedures: The Complainant: Any person who believes he/she is being harassed by another person is advised to take the following measures: Step #1 — Ask the harasser to stop: - Inform the harasser that his or her behaviour is unwelcome. An individual (although he or she should know better) may not realize that he or she is being offensive. A simple chat may resolve the problem. If the person refuses to cooperate, remind him or her that such behaviour is against Municipal policy. If the employee feels uncomfortable asking the harasser to stop, assistance or intervention by Human Resources may be sought. Step #2 — Keep a record of the harassment: When did the harassment start? (E.g. dates, time, locations). What happened? Were there any witnesses? Were there any threats or reprisal? What was your response? Failure to keep a diary of the events will not invalidate your complaint. A record will, however, reinforce it. Step #3 — Lodge a complaint: a) If the harassment, despite your efforts to stop it, continues, you should report the problem to your Supervisor, Department Head or a designate from Human Resources. If the offending person is the designate from Human Resources, the E5 - Harassment 118 Page 5 of 10 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 complaint should be taken directly to the Chief Administrative Officer or designate. If the offending person is the Department Head, the complaint shall be reported to Human Resources who will bring this matter to the CAO. If the offending person is the CAO, the Human Resources designate has the ability to advise Council in a confidential report. b) If the complaint is against a member of Council, an independent investigation will be conducted, with the report going to the CAO, who is authorized to advise Council of the independent results. c) Once the complaint is received, if verbal, Human Resources will document the events as communicated. If the compliant is in writing the date and time received will be recorded. Both parties may have a copy of the complaint, but Human Resources will retain all formal records. d) Where a manager or supervisor initially receives the official complaint, it is his/her responsibility to ensure that the designate from Human Resources and the Department Head is notified about the complaint as soon as reasonably possible. The designate from Human Resources is then responsible for assessment and initiation of an investigation. e) The designate from Human Resources will acknowledge receipt of a complaint as soon as reasonably possible to the Manager/Department Head/Complainant/Alleged Harasser. f) The Department Head and the CAO will be kept apprised of the process as to the appropriate steps throughout the process. Human Resources: Human Resources with assistance from the Health & Safety Coordinator if requested shall take the following steps: Step #1 — Investigation of Complaint will be conducted by Human Resources or by Independent investigator as appropriate to the circumstances as determined by Human Resources. a) Fact finding E5 - Harassment 119 Page 6 of 10 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 i) A confidential interview with relevant parties will be conducted to obtair information and clarify the details of the reported incident. Both parties will have an opportunity to identify witnesses or others who may be interviewed. Where witnesses are not identified, or where otherwise appropriate, co-workers or other individuals may be interviewed. All interviews will be conducted in a confidential manner. ii) The results and conclusions of the investigation will be documented after interviewing the complainant, respondent and any other relevant witnesses including co-workers if necessary. Complainant and/or respondents may be asked to verify documentation. Where appropriate and necessary, the investigator may contact the Ontario Human Rights Commission or independent investigation firms for advice or assistance. b) Preliminary findings i) Where the information revealed early in the investigation suggests a reasonable possibility of a resolution, an early settlement may be proposed prior to conducting the entire investigation. ii) Where appropriate, a meeting may be convened with the parties (either individually or collectively as appropriate) involved to discuss preliminary findings of the investigation and inform participants of the possibility and nature of early settlement and the reasons. iii) This stage allows all parties to become aware of the tentative findings and presents an opportunity, based on the information, to resolve the matter upon agreement of all parties without further investigation. iv) Where agreement is reached and the matter deemed resolved, a summary report will be prepared for the Chief Administrative Officer and appropriate Department Head. v) In situations where both parties agree on a settlement but Human Resources deem the situation could pose a risk of further action, danger or legal outcome, Human Resources will make recommendations to the CAO regarding acceptance of the proposed settlement or proceeding further. E5 - Harassment 120 Page 7 of 10 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 c) Further investigation i) Where, as a result of preliminary findings, a resolution cannot be proposed or achieved, or where the designate from Human Resources determines that file closure at this point would not be appropriate, further investigations will be conducted. d) Notification and discussion of results i) The designate from Human Resources will subsequently schedule meetings with the complainant, alleged harasser, Department Head and/or Chief Administrative Officer where necessary, to present and discuss the findings and conclusions of the investigation. Separate meetings may be convened if necessary and all parties have a right to be represented. e) Report of Findings i) A written general summary of the complaint and results of the investigation will be provided to the Chief Administrative Officer, Director of Corporate Services/HR, Department Head the complainant and the respondent as they are affected by the outcome. Documents are retained by Human Resources and detailed notes are not provided to complainant or respondent. ii) The final full report will not be released to complainant or respondent or other party involved unless extenuating circumstances dictate, or there is a legal requirement to release the report. iii) The results of an investigation under this policy and any report created in the course of or for the investigation, are not a report respecting occupational health and safety for the purposes of Section 25(2) of the Occupational Health and Safety Act. f) Disciplinary measures i) If there is evidence of harassment, disciplinary measures will be taken by the Department Head, in consultation with the Director of Corporate Services/HR and the Chief Administrative Officer as appropriate. Such discipline may include suspension or termination of employment. E5 - Harassment 121 Page 8 of 10 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 Documentation regarding the disciplinary action will be placed in the employees personnel file. ii) The worker who has allegedly experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer will be informed of the results of the investigation and of any corrective action that has been taken or that will be taken as a result of the investigation. g) Malicious complaints i) Where, as a result of an investigation, it is determined that the complaint was made maliciously — with a specific and directed intent to harm, or made in bad faith with reasonable knowledge of any intent to harm, formal disciplinary actions may be taken against the complainant, after consultation with the Department Head, Director of Corporate Services/HR and/or CAO as appropriate. Documentation regarding the disciplinary action will be placed in the employee's personnel file. Step #2 — Preventing a Re -Occurrence a) If the complaint is found to be not supported, no documentation of the complaint will be placed in the employee file of the respondent, unless the respondent requests a letter of clearance stating the claim was unfounded be placed into their employee file. Human Resources will maintain all records. b) It is the responsibility of the Department Head and Supervisors to make all reasonable efforts to ensure that workplace harassment does not occur and that there is no retaliation for having made a good faith complaint in his or her department. The Respondent: a) Assess your behaviour seriously. Understand that even if you did not intend to offend, your behaviour has been perceived as offensive. Be aware that the test of harassment is not whether you intended to offend, but whether a reasonable person ought to have known that the behaviour, comments or conduct were unwelcome. b) Cease the behaviour that the person finds offensive or unwelcome. Failure to cease this behaviour will leave you more vulnerable to a formal complaint, which could lead to disciplinary actions. E5 - Harassment 122 Page 9 of 10 Corporate Policy • Leading the Way If this information is required in an alternate format, please contact the Accessibility Co- ordinator at 905-623-3379 ext. 2131 c) If you believe the complaint is unfounded, discuss the matter with your supervisor and/or Department Head or Human Resources. d) You are entitled to know the allegations against you and to have an opportunity to respond. e) Document your version of the alleged incident including times, places, what happened and any witnesses. f) Cooperate with any investigation undertaken to resolve the matter. E5 - Harassment 123 Page 10 of 10 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 1UtV*Wjq JOINT HEALTH AND SAFETY COMMITTEE MEMBERS 2017-2018 (All phone numbers are Area Code 905) NON-AFFILIATED MEMBERS ALTERNATES Ext Ext Mike McCron** Corporate Services — 1 St Floor MAC 6233379 X2204 Nancy Taylor Finance — 1 st Floor MAC 6233379 X2602 Len Hunter Community Services — SCA 623-3379 X2561 Bill Hesson Emergency Services — HQ 6233379 X2804 Rob Groen** Operations — Building Services 623-3379 X2920 Jenny Bilenduke** Engineering — 3rd Floor MAC 6233379 X2301 Marie Marano Corporate Services- 1St Floor— MAC 6233379 X2202 Lockie Longhurst** Operations — Hampton 263-2291 X535 Theresa Gamble Planning 3rd Floor MAC 623-3379 X2401 Ken Ferguson Community Services - RRC 623-5728 x2581 Gord Weir** Emergency & Fire Services — HQ 623-3379 X2802 Kristen Selvig Corporate Services — 1 st Floor MAC 6233379 X2203 Lisa Wheller Corporate Services — 1St Floor MAC 623-3379 X2205 Steve Myers** Community Services — SCA 623-3379 x2562 AFFILIATED MEMBERS ALTERNATES Marc Ladouceur** Co -Chair Emergency & Fire Services 623-5126 Chris Grani Emergency & Fire Services 623-5126 Mike Bourke** Operations - Hampton 263-2291 Mathew Baker Operations — Building Services 623-3379 2922 Chris Welsh** Community Services —CC Complex 404-1525 Tom Stout Operations - Hampton 263-2291 Thomas Stone** Emergency & Fire Services 623-5126 Tim Welsh Operations — Building Services 623-3379 X2925 Michael Ste.Croix** Finance - MAC 623-3379 X2616 Paul Rowan Emergency & Fire Services 623-5126 Joanna White Community Services —CC Complex 404-1525 Chuck Green Operations — Building Services 623-3379 Paul Neto Operations - Hampton 263-2291 Brandon Paul Operations — Building Services 623-3379 Secretary Alternate Lindsey Patenaude Clerk's — 2nd Floor - MAC 6233379 X2117 Gerry Jordan Corporate Services — 1 st Floor MAC 6233379 X2201 Advisor Andy Allison — CAO CAO's Office 6233379 X2002 Meeting Quorum: 5 Affiliated and 4 Non -Affiliated Members and/or Alternates * Certified Members - Part 1 Effective Date: February 2, 2018 ** Certified Members — WPS (Bold) JAHEALTH & SAFETY\Committee\JHSC Members.doc 124 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379, ext. 2131 Health & Safety Policy POLICY TYPE: POLICY TITLE: POLICY #: POLICY APPROVED BY: EFFECTIVE DATE: REVISED: APPLICABLE TO: Health and Safety Health & Safety Policy Statement H-13 Chief Administrative Officer February 28, 2006 January 16, 2018 All Employees The Municipality of Clarington is committed to the protection of our employees and property from accidental loss. We believe that this is critical to the success of our business and our goal is zero incidents of injury, illness or damages. We continue our commitment to providing a workplace free of accidents, violence and harassment. The Health and Safety of our employees is of the utmost importance in all of our operations, and is a shared responsibility, which must be accepted by everyone in our workplace. A successful safety program and a safe workplace depends on concern and commitment from all personnel. The responsibility for Health & Safety ultimately rests with senior management, but managers and supervisors at all levels will be held accountable for the safety performance of their employees. However, all employees have the responsibility of working safely and protecting the lives and health of themselves and their fellow workers. Being alert to unsafe conditions or practices, looking out for fellow employees and reminding them when they do something unsafe, as well as reporting unsafe conditions is imperative, if we are to achieve our goal. In support of these beliefs, we must accept our responsibilities to minimize risk and injuries to our fellow workers, the public we proudly serve, and to ourselves. Health & Safety must be in our thoughts 24 hours a day, seven days a week. We must meet, and wherever possible exceed, the requirements of all applicable health and safety legislation/regulation, our own standards and work procedures, along with applicable industry standards. Contractors will be held accountable for all infractions of their workers. Contractors and their workers who do not follow the Health & Safety program of the Municipality of Clarington will be asked to leave the work site. By accepting these responsibilities and through active participation and co-operation we will together achieve our goal for a safe, healthy and productive work environment. Our Health and Safety Program Manual and policies will be subject to annual review. For The Municipality Andrew Allison Chief Administrative Officer 125 For The Joint Health & Safety Committee Mike McCron, n -Affiliated Co -Chair Mard'Ladou ur, Affiliated Co -Chair Clarftwn Corporate Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 5, 2018 Report Number: COD -006-18 Resolution: File Number: RFP2017-10 By-law Number: Report Subject: Bowmanville West Urban Centre Secondary Plan Update Recommendations: That Report COD -006-18 be received; 2. That the proposal received from Dillon Consulting Limited being the most responsive bidder meeting all terms, conditions and specifications of RFP2017-10 be awarded the contract for the provision of professional services for the Bowmanville West Urban Centre Secondary Plan Update; 3. That the funds required in the amount of $203,323.60 (net HST Rebate) be drawn from prior budget year carryover amounts in account 100-50-130-00000-7160 including $187,824.42 from Bowmanville Town Centre Secondary Plan funding and $15,499.18 from other completed growth related studies; and 4. That all interested parties listed in Report COD -006-18 and any delegations be advised by the Deparment of Council's decision. 126 Municipality of Clarington Report COD -006-18 Report Overview Page 2 To request authorization from Council to award Request for Proposal RFP2017-10 for professional services required to complete the Bowmanville West Urban Centre Secondary Plan Update. 1. Background 1.1 A Request for Proposal (RFP) was drafted for the provision of professional services required for the Bowmanville West Urban Centre Secondary Plan Update as per specifications provided by the Planning Services Department. 1.2 At the October 10, 2017 meeting, Council approved Resolution #PD -183-17 authorizing staff to undertake a review of the Bowmanville West Urban Centre Secondary Plan and the Bowmanville East Urban Centre Secondary Plan and to issue the appropriate requests for proposals. 1.3 The intent of the RFP was to secure the services of a consultant to provide an update of the Secondary Plan for this area. 1.4 RFP2017-10 was issued by the Purchasing Services Division and advertised electronically on the Municipality of Clarington's (the Municipality) website. Notification of the availability of the document was also posted on the Ontario Public Buyers Association's website. The RFP was structured on the price — based two envelope RFP system. Twelve (12) companies downloaded the document. 1.5 The RFP closed January 12, 2018. 2. Bowmanville West Urban Centre Secondary Plan Update 2.1 As outlined in the terms of reference, the Municipality is initiating an update of the Bowmanville West Urban Centre (BWUC) Secondary Plan, public realm plan (currently known as the streetscape implementation plan) and zoning by-law to ensure that the land use tools for this area conform to the recently approved, comprehensive review of the Official Plan. The update is also needed to incorporate changes that have been made to the Provincial Growth Plan and other Provincial direction on issues like climate change and active transportation. In order to effectively respond to both Provincial policies and the Clarington Official Plan, the updated Secondary Plan policies will be written to a timeframe of 2031 (timeframe of the Clarington Official Plan) with a vision to achieving the Provincial policy targets by 2041. 2.2 The RFP stipulated that bidders were to provide a description of the firm and proposed consulting team including key qualifications, firm profile, highlight of past service and experience of team members with projects of similar size, nature and complexity and a demonstrated understanding of the Municipality's requirements. 127 Municipality of Clarington Page 3 Report COD -006-18 2.3 Five (5) proposals were received by the closing date and time. See Attachment 1. 2.4 Each proposal identified the following information: • Qualifications and experience • Experience of the proponent/sub-consultants with projects of similar nature, size and complexity • Understanding of the RFP and proposed solution • Identification of accessibility design, features and criteria and approach to methodology of project delivery • Measures that the Proponent has in place to ensure the quality of the deliverables and that they meet the requirements of the Municipality_ 2.5 Upon completion of the evaluation, the evaluation team concluded that three bids met the established threshold of 80% for Phase 1 and moved on the second Phase. 2.6 It was deemed by the evaluation committee that no presentation/interview would be required to provide further clarification regarding proposals received. 2.7 The pricing envelope for Dillon Consulting Limited, The Planning Partnership and SGL Planning and Design Inc. were opened and verified. In keeping with the terms of the RFP, the evaluation committee's recommendation is to award to the lowest bidder Dillon Consulting Limited. 2.8 Staff have reviewed the pricing submitted by Dillon Consulting Limited and found it to be reasonable. 3. Financial and Budget Considerations 3.1 This Secondary Pian Update is a growth -related study initiated by the Municipality funded with 90% development charge contributions. Funds were budgeted in the 2015 and 2017 budget years for the Bowmanville Town Centre Secondary Plan which includes this work. There is $187,824.42 currently unexpended including both the development charges and non -development charges shares. This leaves additional financing of $15,499.18. It is recommended that this be financed from funds remaining from other growth related studies that have been completed that are also 90%/10% projects. The Bowmanville East Urban Centre Secondary Plan will be addressed through a separate report. Funds required in the amount of $203,323.60 (net HST Rebate) will be charged to the following account: 100-50-130-00000-7160. 3.2 Queries with respect to the department needs should be referred to the Director of Planning Services. 128 Municipality of Clarington Resort COD -006-18 4. Concurrence Page 4 This report has been reviewed by the Director of Planning Services and the Director of Finance/Treasurer who concur with the recommendations. 5. Conclusion It is respectfully recommended that Dillon Consulting Limited being the Proponent meeting our minimum passing threshold and having the lowest price be awarded the contract for the provision of professional services for the Bowmanville West Urban Centre Secondary Plan Update as per the terms, conditions and specifications of RFP2017-10. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: Marie Marano, H.B. Sc., C.M.O., Andrew C. Allison, B. Comm, LLB Director of Corporate Services CAO Staff Contact: David Ferguson, Purchasing Manager, 2209 or dferguson@clarington.net $ W W D F K P H Q W V $ W W D F K P H Q W ± 16RXUP P7DHUQ\ G IfR W 25 V F S R V List of interested parties to be notified of Council's decision is on file in the Corporate Services Department. 129 Municipality of Clarington Summary of Proposals Received RFP2017-10 Attachment 1 to Report COD -006-18 Bowmanville West Urban Centre Secondary Plan Update Proponent Book Mcllroy Dillon Consulting Limited IBI Group Professional Services (Canada) Inc. SGL Planning and Design Inc. The Planning Partnership Ltd. Note: * denotes companies that moved onto Phase 2 of the evaluation process. 130 Clarftwn Corporate Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: 0 D U F K Report Number: COD -007-18 Resolution: File Number: By-law Number: Report Subject: RFP2017-9 Soper Creek Main and East Branches Subwatershed Studv Recommendations: 1. That Report COD -007-18 be received; 2. That the proposal received from Aquafor Beech Limited being the most responsive bidder meeting all terms, conditions and specifications of RFP2017-9 and subject to a satisfactory reference check, be awarded the contract for the provision of Soper Creek Main and East Branches Subwatershed Study, subject to receipt of funding from the South East Courtice Landowners Group; 3. That the funds required in the amount of $ 391,025.20 (including HST) be drawn from the following accounts: Developer Contributions # 100-21-130-00000-1010 $391,025.20 4. That all interested parties listed in Report COD -007-18 and any registered interested parties will be advised of Council's decision regarding the award by the Corporate Services Department. 131 Municipality of Clarington Report COD- 7 -1 Report Overview Page 2 To request authorization from Council to award Request for Proposal RFP2017-9 for the provision of Soper Creek Main and East Branches Subwatershed Study. 1. Background 1.1 A Request for Proposal (RFP) was drafted for the provision of Professional Services as required for the Subwatershed Study required for Soper Creek Main and East Branches as per specifications provided by the Planning Services Department. 1.2 The intent of the RFP was to secure the services of a consultant to complete the Subwatershed Studies for these areas. 1.3 RFP2017-9 was issued by the Purchasing Services Division and advertised electronically on the Municipality of Clarington's (the Municipality) website. Notification of the availability of the document was also posted on the Ontario Public Buyer's website. The RFP was structured on the price — based two envelop RFP system. Thirteen (13) companies downloaded the document. 1.4 The RFP closed on Thursday, September 14, 2017. 2. Soper Creek Main and East Branches Subwatershed Study Improvements As provided for in the Official Plan, the detailed land uses for new greenfield lands will be determined by the Secondary Planning process. However, in order to detail these land uses the Subwatershed Study must first be prepared to help balance ecological protection with land development opportunities, with the goal to protect and maintain a healthy ecosystem. The Subwatershed Study will provide detailed technical recommendations that can be implemented through the Secondary Plan. The RFP stipulated that bidders were to provide a description of Firm/Consulting team, key qualifications, firm profile, highlight of past service and experience of team members with projects of similar size, nature and complexity and a demonstrated understanding of the Municipality's requirements. Three (3) submissions were received by the closing date and time. See Attachment 1. Each submission consisted of a comprehensive proposal identifying: x Qualifications and experience x Experience of the proponent/sub-consultants with projects of similar nature, size and complexity x Understanding of the RFP and proposed solution x Identification of accessibility design, features and criteria and approach to methodology of project delivery 132 Municipality of Clarington Report COD- 7 -1 Page 3 x Measures that the Proponent has in place to ensure the quality of the deliverables and that they will meet the needs of the Municipality All three (3) submissions complied with the mandatory submission requirements and the Technical Proposals were first evaluated and scored independently in accordance with the established criteria as outlined in the RFP by an evaluation team consisting of staff from the Planning Department, Engineering Department, CLOCA and the Purchasing Services Division. The scores were then jointly reviewed and agreed upon by all members of the evaluation committee. Some of the areas on which submissions were evaluated were as follows: x Highlights of services provided within past five (5) years only x Allocated roles and responsibilities of team members; long timeline for scope of project and coverage for entire length is essential x Proven excellence in this type of study x Demonstrated understanding of the Municipality's requirements, the Project and related issues x Demonstrated ability to carry out all aspects of the RFP x Value-added services that support and/or enhance the scope of the services were noted and identified if they were included or available at additional cost to the Municipality Upon completion of the evaluation, the evaluation team concluded that two (2) bids met the established threshold of 85% for Phase 1 and moved on to the second Phase. It was deemed by the evaluation committee that no presentation would be required to provide further clarification regarding proposals received. The Pricing envelope for Aquafor Beech Limited and Amec Foster Wheeler were opened and verified and in keeping with the terms of the RFP, the evaluation committee's recommendation is to award to the lowest bidder Aquafor Beech Limited. Staff have reviewed the price submitted by Aquafor Beech Limited and found it to be reasonable. 3. Financial and Budget Considerations As Council is aware all privately initiated secondary plans, including technical studies, are to be funded 100% by the developers. This study is to be covered 100% by the Bowmanville Landowners Group. The final award will be based on confirmation from Bowmanville Landowners group of their commitment to provide the required funding. Once Council approves the award of the contract, the Municipality will enter into a funding agreement with the Land Owners Group. Council has already authorized the Director of Planning Services to enter into these agreements as per Council resolution PD -183-17. 133 Municipality of Clarington Report COD- 7 -1 Page 4 That the funds required in the amount of $ $ 350,329.15 (including HST) be drawn from the following account: Developer Contributions # 100-21-130-00000-1010 $391,025.20 Queries with respect to the department needs should be referred to the Director of Planning. 4. Concurrence This report has been reviewed by the Director of Planning Services and the Director of Finance/Treasurer who concur with the recommendations. 5. Conclusion It is respectfully recommended that Aquafor Beech Limited being the bidder meeting our threshold and demonstrating the lowest price be awarded the contract for the provision of Soper Creek Main and East Branches Subwatershed Study Improvements as per the terms, conditions and specifications of RFP2017-9. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by Marie Marano, H.B. Sc., C.M.O., Director of Corporate Services Reviewed by: Andrew Allison, B. Comm., LLB Chief Administrative Officer Staff Contact: David Ferguson, Purchasing Manager, 2209 or dferguson@clarington.net List of interested parties to be notified of Council's decision is on file in the Corporate Services Department. 134 Attachment 1 W R 5 H S R U Municipality of Clarington Resort COD- 7 -1 Paae 5 Municipality of Clarington Summary of Submissions Received RFP2017-9 Soper Creek Main and East Branches Subwatershed Study Bidder I Amec Foster Wheeler. * II Aquafor Beech Ltd. * I Candevcon Ltd *Bidders who were shortlisted. 135 Chantelle Bourgeois 7667 Solina Road Enniskillen, ON LOB 1J0 February 28, 2018 To the Attention of Clarington Council: I would like to introduce myself, my name is Chantelle Bourgeois and I have been a resident of Clarington for over 10 years now. I run a family business with my husband and our children from our farm in Solina. We breed, train and race Quarter Horse Race Horses that compete at Ajax Downs. Ajax Downs is currently in jeopardy of losing their Casino to a new development in Pickering called Durham Live. The hype and propaganda that has been put forth would have many believe that this is a good thing for Durham Region and will add jobs and other economic benefits to the region. The fact is that many are not accounting for the Racing Industry that also co -exists with the current casino at Ajax Downs. If the casino is to be lost so is our opportunity to race Quarter Horses in Ontario as this is the Only Quarter Horse facility in this province. The direct jobs related to Quarter Horse racing in Durham region are 1700 and economic impact is 56 million per year. You may or may not know that there are many horse farms in rural Clarington that are dependant on the race industry in Ontario and specifically the Quarter Horse Industry. Each of these farms provide a livelihood for many employees that provide direct care to the animals plus many additional spin off services required in the care and maintenance of race horses and horse farms. They would include but are not limited to veterinarians, farriers, Jockeys, chiropractors, farmers that supply hay and grains, exercise riders, tack supply stores, fencing contractors and many more. of .111!' . Town of Whitby Office of the Town Clerk 575 Rossland Road East, Whitby, ON L1 N 2M8 www.whitby.ca February 23, 2018 The Honourable Daiene Vernile Minister of Tourism, Culture and Sport 900 Bay Street, Hearst Block, 9th Floor Toronto, ON M7A 2E1 Re: Provincial Library Fund Please be advised that at a meeting held on February 20, 2018 the Council of the Town of Whitby adopted the following recommendation as Resolution #45-18: Whereas public libraries provide safe, inclusive, and vibrant community hubs where residents of all backgrounds are welcome to learn, work, innovate, explore, connect, and collaborate; And whereas the Whitby Public Library works closely with the community to deliver valued services and contributes to a culture of social good by sharing knowledge and resources; And, whereas the Whitby Public Library continues to be a catalyst for Whitby residents and organizations to pursue their goals and dreams and reach their potential by connecting them with the expertise and resources they need, and transforms information into knowledge that positively impacts their lives; And whereas the Whitby Public Library continues to manage public resources with the utmost care and is committed to the sustainability of its services; And whereas the Whitby Public Library continues to deliver services that support provincial initiatives, such as poverty reduction, lifelong learning and skill development, local economic development, health literacy, and provides equitable access to provincial government web sites and services; .../2 Therefore Be It Resolved: 1. That the Town of Whitby urges the Province of Ontario to recognize the contribution of local libraries within their communities and to cease the 20 year budget freeze to local public libraries in an acknowledgement of the services they offer to all residents; 2. That the Town of Whitby urges the Province of Ontario to reinstate adequate and appropriate funding for local public libraries, increasing each year going forward in line with the consumer price index; and, 3. That a copy of this resolution be sent to the Ontario Minister of Tourism, Culture, and Sport, to the Ontario Minister of Municipal Affairs, to the local MPPs, to the Association of Municipalities Ontario, to the Ontario Library Association, to the Federation of Ontario Public Libraries, and to the Region of Durham and local area municipalities for endorsement. Should you require further information, Jessup, Whitby Public Library, Acting CEO Christopher Harris Town Clerk please do not hesitate to contact Rhonda at 905.668.6531. Copy: Honourable Bill Mauro, Minister of Municipal Affairs Lorne Coe, M.P.P. Whitby -Oshawa Tracy MacCharles, M.P.P. Pickering -Scarborough Jennifer French, M.P.P. Oshawa Joe Dickson, M.P.P. Ajax -Pickering Granville Anderson, M.P.P. Durham Laurie Scott, M.P.P. Haliburton-Kawartha Lakes -Brock Association of Municipalities of Ontario Federation of Ontario Public Libraries Ontario Library Association Rhonda Jessop, Acting Chief Executive Officer, Whitby Public Library Via Email: All Durham Municipalities Page 2 of 2 Presentations and Handouts GrandviewWds Municipality of Clarington and Grandview Kids Partnership Proposal March 5, 2018 Inspiring possibilities for children and youth with special needs. ,17 Grandview Kid, Owen �.ans i • . - �t 11 MGrandvieWKidS Inspiring possibilities for children and youth with special needs. Grandview Kids Deserve the Best Together the province and our community can give them just that. We can do it. You just have to BELIEVE. Leah's Story MGrandvieWKidS Inspiring possibilities for children and youth with special needs. :4=go1=tilnaAmsiviimyom:Aions 64'i:la: Future home of the new Grandview Children's Centre t ,tet lidf r � ..� - Mop, 0 CREATING CONNECTIONS IN CLARINGTON ANDRE MAROIS Director, RER Corridor Infrastructure - Lakeshore East CHRIS BURKE Director, Service Planning, Planning & Development CLARINGTON GENERAL GOVERNANCE COMMITTEE REGIONAL PRESENTATION MARCH 5, 2018 METROLINX: REGION BUILDER PLAN BUILD OPERATE ■ m up ■■■■■■i IiC r GO INVESTMENTS IN DURHAM REGION • Creation of Metrolinx • Adoption of Big Move by Metrolinx Board • Metrolinx merger with GO Transit • PRESTO implemented on GO Transit • Customer Charter launched • Opened 1400 space parking structure at Whitby GO • New station building at Pickering GO • Opened new pedestrian bridge connecting platform to parking lot at Whitby GO • Whitby Rail Maintenance Facility & Oshawa to Bowmanville Service Expansion EAs completed • GO Transit Service Guarantee launched • New Oshawa GO Bus maintenance facility opens • Pickering Pedestrian Bridge over 401 opened • Added 500 surface parking spaces at Ajax GO • New north parking structure opened at Pickering GO • Wifi introduced at 14 GO stations and bus terminals • 500th GO Bus goes into service • New parking structure (1300 spaces), Kiss & Ride, and pedestrian tunnel at Ajax GO • 30 -minute Lakeshore Service • Funding of DRT Pulse enhanced BRT service • Rehabilitated platforms and shelters, and new snowmelt system at Ajax GO • Added 330 parking spaces at Oshawa GO 3 GO INVESTMENTS IN DURHAM REGION • More service on Lakeshore East • South Blair Street Grade Separation • Opened two new elevators connecting Pickering Pedestrian Bridge directly to platforms • New station building at Oshawa GO • New pedestrian bridge at Ajax GO Station • Planning and design work for new Park & Ride at Riston and Courtice • EA approval for Electrification, EA approved Guildwood to Pickering • RFP Lakeshore East issued X-1 MET-RE)LINX • Whitby Rail Maintenance Facility operational • Connect Oshawa station building with VIA platforms, open pedestrian bridge • Announce successful bidder for Lakeshore East (east) expansion (11 km of third track between Guildwood GO and Durham Junction, expansion of Rouge River and Highland Creek Bridges, retaining walls, and track and grading work from Galloway Road to Beechgrove Drive) • Start construction of Scarborough Golf Club Road and Morningside grade separations • Start upgrades to Rouge River and Highland Creek Bridge SERVICE IMPROVEMENTS CURRENT LAKESHORE EAST GO SERVICES &I, Metrolinx has doubled the service on the Lakeshore East Line in 2013 with bus connections to Courtice, Bowmanville, and Newcastle. Part of the largest single service increase in GO Transit history. In the past three years, Metrolinx has also: • Added nearly 3,000 parking spaces for GO customers in Durham Region. • Added 171 new weekly GO train trips and 167 new weekly GO bus trips for Durham Region residents. MORE EXPANSION. MORE GO. MORE OFTEN., F1 NOW WEEKDAY RUSH HOUR ------------- I l l l MIDDAY, EVENING & WEEKEND I I I l l Pickerin Ajax Whitby OSHAWA l Rouge Hill g 1 Y l Guildwood Eglinton l Scarborough UNION panforth Rouge Hill Guildwood Eglinton Scarborough UNIQN Danforth Pickering Ajax Whitby OSHAWA Is" THORNTON ROAD IN OSHAWA COURTICE ROAD IN COURTICE RITSON ROAD IN OSHAWA ' GU ILDWOOD UUURE I ML L PICKERIH G AJAX EDLINTOH SUPRORROH DARFURTR WHITBY MAN MARTIN ROAD IN BOWMANVILLE 7 BUILD OH RAIL CORRIDOR INFRASTRUCTURE LAKESHORE EAST CORRIDOR: INFRASTRUCTURE BUILD • Grade separations (Scarborough Golf Club Road, Morningside Avenue, Galloway Road) • Bridge structure upgrades and expansions (Rouge River, Highland Creek, Birchmount Road, Danforth Avenue, Warden Avenue, and Woodbine Avenue) • New third track from Guildwood GO to Durham Junction • New fourth track from Union Station Rail Corridor to Scarborough Junction • Station improvements • Track and grading work • Signal improvements • New Whitby Rail Maintenance Facility • Electrification • Customer experience improvements TORONTO DURHAM 0 0 Rouge Hill Pickering Ajax Whitby OSHAWA Guildwood Eglinton 0 UNION Scarborough STATION E p Danforth 0 11 10 ELECTRIFICATION • Electrification can only take place on Metrolinx-owned owned corridors. • Planned for entire length of the existing Lakeshore East Corridor. • Electrification requires traction power substations, switching stations, paralleling stations, overhead contact systems, and various safety modifications. • Notice to Proceed issued by Ministry of Environment and Climate Change on December 14, 2017. • Technical Advisor Assignment awarded in October 2017. Hydro One Transmission Lines Metrolinx Traction Power Facility Overhead PortallGantries contact System Pantograph 11 OSHAWA GO STATION Ao WHITBY RAIL MAINTENANCE FACILITY a." _ dor -S TRANSIT EXPANSION BOWMANVI LLE EXPANSION • Today: GO trains on Lakeshore East corridor go as far as Oshawa, and GO provides bus service between Oshawa and Bowmanville every 30 minutes, with increased frequency at peak hours. • GO will extend its Lakeshore East train line by nearly 20km from Oshawa to Bowmanville, and build four new stations, with service scheduled to start in 2024. • What it Takes to Build: Bridge over Highway 401, CP corridor expansion, three grade separations (2 road -to -rail, 1 rail -to -rail), 14 bridge expansions, nine level crossing modifications, four new GO rail stations, new layover facility, and addendum to the 2011 EA. • Status: Currently in preliminary design EA addendum stage. Technical Advisor contract commenced in October 2017. Technical Advisory Committee meetings with key stakeholders including CP, MTO, Region of Durham, City of Oshawa, Town of Whitby, Municipality of Clarington, and CLOCA launched. • Early works projects underway to build bus Park & Ride facilities at Courtice Road and Ritson Road. Planning for bus services to these sites is in progress. Target: late 2018/early 2019 • Public Meetings: Anticipated to start in mid -2018. DURHAM -SCARBOROUGH BRT • June 2013: DRT Pulse launched enhanced BRT service along Highway 2 and Ellesmere Road, between Oshawa and the University of Toronto Scarborough Campus. DRT Pulse enhanced bus service was made possible through $82.3 million in Metrolinx Quick Wins funding and more than $23.4 million from the Region of Durham. • Planning work continues for a 36km BRT route along Highway 2 would provide direct, seamless transit service between Oshawa, Whitby, Ajax, and Pickering and Scarborough Centre. • Current Funding: $10 million for project planning including TPAP. • Timing: The Preliminary Design Business Case will begin in 2018, and project planning is expected to be completed by 2019/2020. • Stops: Locations are yet to be determined but the BRT will serve major centres including: Oshawa, Whitby, Ajax, Pickering, and Scarborough Centre. 16 OUR COMMITMENT TO YOU L� k,Aft ON sow ■ IT le- MET-RE)LINX 17